65–021

106TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 106–680

DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE

JUDICIARY, AND RELATED AGENCIES APPROPRIATIONS

BILL, FISCAL YEAR 2001

JUNE 19, 2000.—Committed to the Committee of the Whole House on the State of

the Union and ordered to be printed

Mr. ROGERS, from the Committee on Appropriations,

submitted the following

REPORT

together with

ADDITIONAL VIEWS

[To accompany H.R. 4690]

The Committee on Appropriations submits the following report in

explanation of the accompanying bill making appropriations for the

Departments of Commerce, Justice, and State, the Judiciary, and

related agencies for the fiscal year ending September 30, 2001.

INDEX TO BILL AND REPORT

Page Number

Bill Report

Title I—Department of Justice ................................................................. 2 7

Title II—Department of Commerce and Related Agencies ..................... 39 61

Office of the United States Trade Representative ........................... 39 61

International Trade Commission ....................................................... 40 62

Department of Commerce ................................................................... 40 63

Title III—The Judiciary ............................................................................. 61 91

Title IV—Department of State and Related Agency ............................... 70 98

Department of State ........................................................................... 70 98

Broadcasting Board of Governors ...................................................... 82 117

Title V—Related Agencies ......................................................................... 85 119

Department of Transportation: Maritime Administration .............. 85 120

Commission for the Preservation of America’s Heritage Abroad .... 87 122

Commission on Civil Rights ............................................................... 87 122

Commission on Security and Cooperation in Europe ....................... 87 123

Equal Employment Opportunity Commission .................................. 88 123
2

Page Number

Bill Report

Federal Communication Commission ................................................ 88 124

Federal Maritime Commission ........................................................... 90 124

Federal Trade Commission ................................................................ 90 125

Legal Services Corporation ................................................................ 92 126

Marine Mammal Commission ............................................................ 93 126

Securities and Exchange Commission ............................................... 93 127

Small Business Administration ......................................................... 94 127

State Justice Institute ........................................................................ 97 132

Title VI—General Provisions .................................................................... 98 132

Title VII—Rescission .................................................................................. 107 135

SUMMARY OF ESTIMATES AND RECOMMENDATIONS

The Committee recommends a total of $34,904,000,000 in discretionary budget authority for the departments and agencies funded

in the bill. The Committee also recommends $538,392,000 for mandatory programs funded within this bill.

Last year, the Committee recommended that $4,216,000,000 be

provided from the Violent Crime Reduction Trust Fund to supplement regular fiscal year 2000 discretionary appropriations for a

number of programs. The authorization for the Violent Crime Trust

Fund expires on September 30, 2000. This report displays amounts

provided from the Trust Fund for the purpose of comparing actual

funding for programs for fiscal year 2000 to the amounts the Committee recommends for fiscal year 2001.

For discretionary programs, the recommendation is

$2,739,303,000 below the request, excluding the request for advance appropriations, and $2,779,021,000 below the amounts enacted for the current fiscal year. Excluding the one-time increase

for the decennial census provided in the fiscal year 2000 bill, the

recommendation is $1,269,979,000 above the fiscal year 2000 level.

The following table provides a comparison of the new budget authority and outlays recommended in the accompanying bill with the

amounts appropriated for fiscal year 2000, and with the budget request for fiscal year 2001:

[In millions of dollars]

2000 enacted 2001 request 2001 recommended

2001 recommendation com- pared with

2000 enacted 2001 request

Discretionary .......................................................... 33,467 37,643 34,904 +1,437 ¥2,739

Violent Crime Reduction Trust Fund ..................... 4,216 .................... .................... ¥4,216 ....................

Mandatory .............................................................. 537 608 546 +9 ¥62

Total ......................................................... 38,220 38,251 35,450 ¥2,770 ¥2,801

HIGHLIGHTS OF THE BILL

Major initiatives and highlights contained in the recommendation follow:
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DEPARTMENT OF JUSTICE

[In millions of dollars]

2000 enacted 2001 request 2001 recommended

2001 recommendation

compared with

2000 enacted 2001

requested

Title I—Department of Justice:

Discretionary ................................................. 14,486 20,142 20,270 +5,784 +128

Violent Crime Reduction Trust Fund ............ 4,033 0 0 ¥4,033 0

—$1.75 billion increase for the Department of Justice, of which

$789 million is to address critical detention requirements to house

Federal prisoner and criminal and illegal alien populations.

—$394 million increase is for the Drug Enforcement Administration, the Federal Bureau of Investigation and the United States Attorneys to maintain and enhance Federal law enforcement’s ability

to fight the war on violent crime and drugs, and provide new tools

to combat cybercrime and national security threats.

—$241 million increase for the Immigration and Naturalization

Service to enforce our immigration laws, including additional border patrol agents, increased detention and removal capacity, and

continuation of the interior enforcement initiative begun in fiscal

year 1999.

—$4 billion for Office of Justice Programs and Community Oriented Policing Services, the same level as the current appropriation, to continue assistance to State and local law enforcement

agencies. This includes restoration of programs the Administration

proposed to eliminate or reduce, including $523 million for Local

Law Enforcement Block Grant programs, $552 million for the Edward Byrne Memorial State and Local Law Enforcement Assistance Grant program, $250 million for Juvenile Accountability Block

Grant programs, and $686 million for the Truth-in-Sentencing

State Prison Grant program. In addition, the bill includes $284

million for Violence Against Women Act programs, $595 million for

the Community Oriented Policing Services program and $287 million for juvenile delinquency prevention programs.

DEPARTMENT OF COMMERCE AND RELATED AGENCIES

[In millions of dollars]

2000 enacted 2001 request 2001 recommended

2001 recommendation compared with

2000 enacted 2001

request

Title II—Department of Commerce and Related

Agencies:

Discretionary ................................................. 8,723 5,527 4,357 ¥4,366 ¥1,170

—$4.4 billion for the Department of Commerce and related agencies, $287 million below the comparable fiscal year 2000 level, after

adjusting for the non-recurring costs of the decennial census.

—$622 million for the National Weather Service, a $17.8 million

increase over fiscal year 2000, and $392 million for trade agencies,

a $13 million increase, to maintain the current level of operation

at the Weather Service and prevent closing of any Commercial

Service offices, more than offset by net reductions of $112 million
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in lower priority programs within the National Oceanic and Atmospheric Administration, and termination of the Advanced Technology Program, funded at $143 million in the current year.

JUDICIARY

[In millions of dollars]

2000 enacted 2001 request 2001 recommended

2001 recommendation

compared with

2000 enacted 2001

request

Title III—The Judiciary:

Discretionary ................................................. 3,491 4,133 3,919 +428 ¥214

Violent Crime Reduction Trust Fund ............ 183 .................... .................... ¥183 ....................

—$3.92 billion for the discretionary programs of the Federal Ju- diciary, an increase of $245 million above the comparable amount

provided for the Judiciary for fiscal year 2000. The recommendation allows the Federal courts to maintain operations at the fiscal

year 2000 level and provides for a limited number of program increases. This increase is consistent with the increases provided for

Federal law enforcement agencies funded in this bill, as part of the

bill’s priority to maintain law enforcement at the current level of

operations.

DEPARTMENT OF STATE AND RELATED AGENCY

[In millions of dollars]

2000 enacted 2001 request 2001 recommended

2001 recommendation

compared with

2000 enacted 2001

requested

Title IV—Department of State and Related

Agency:

Discretionary ................................................. 6,174 6,832 6,427 +253 ¥405

—$6.4 billion for the Department of State and the Broadcasting

Board of Governors appropriations, an increase of $253 million

above the current fiscal year, and $405 million below the request.

—$1.06 billion to address critical embassy security needs, and

continue designing and constructing replacement facilities for the

most vulnerable overseas posts.

—$3.1 billion for the domestic and overseas operations of a consolidated Department.

—$438 million for all U.S. Government-sponsored international

broadcasting, functioning as an independent agency under the

Broadcasting Board of Governors.

RELATED AGENCIES

[In millions of dollars]

2000 enacted 2001 request 2001 recommended

2001 recommendation compared with

2000 enacted 2001

requested

Title V—Related Agencies:

Discretionary ................................................. 2,038 2,417 1,917 ¥121 ¥500
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—$1.9 billion for the related agencies funded in the bill, a reduc- tion of $500 million from the request, and $121 million below the

fiscal year 2000 appropriation, preserving core agencies and functions while reducing or eliminating low priority programs. —$856 million for the Small Business Administration, including $276 million for the disaster loans program and $264 million for

business loan programs. —$198 million for the Maritime Administration, including $98.7

million, the full amount requested, for the Maritime Security Program, and $13,000,000 for maintenance and capital improvements

at the United States Merchant Marine Academy.

REPROGRAMMINGS, REORGANIZATIONS, AND RELOCATIONS

The House and Senate reports accompanying the appropriations

bills for the Departments of Commerce, Justice, and State, the Judiciary, and the Related Agencies for several years have contained

language concerning the reprogramming of funds between programs and activities. This matter is addressed in section 605 of the

General Provisions contained in the accompanying bill.

The Committee expects each department and agency to follow

closely the reprogramming procedures listed below, which are similar to provisions that applied in statute during fiscal year 2000.

These procedures apply to funds provided under this Act, or provided under previous Appropriations Acts that remain available for

obligation or expenditure in fiscal year 2001, or provided from any

accounts in the Treasury available to the agencies funded by this

Act.

The Committee desires and expects that the Chairman of the

Subcommittee on the Departments of Commerce, Justice, and

State, the Judiciary, and Related Agencies will be notified by letter

a minimum of 15 days prior to—

(1) Reprogramming of funds, whether permanent or temporary, in excess of $500,000 or 10 percent, whichever is less, 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.

(2) Increasing funds or personnel by any means for any project

or activity for which funds have been denied or restricted.

(3) Creating new programs, offices, agencies or commissions or

substantial augmentation of existing programs, offices, agencies or

commissions.

(4) Relocating offices or employees.

(5) Reorganizing offices, programs, or activities.

In addition, the Committee desires and expects any department

or agency funded in the accompanying bill which is planning to

conduct a reduction-in-force to notify the Committee by letter 30

days in advance of the date of the proposed personnel action.

The Committee also expects that any items which are subject to

interpretation will be reported.

The Committee is concerned that, in some instances, the departments or agencies funded within this Appropriations Act are not

adhering to the Committee’s reprogramming policy and procedures
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which are set forth in this report and in section 605 of the accompanying bill. The Committee expects each department and agency

funded in the bill to follow these notification policies precisely and

not reallocate resources or reorganize activities prior to submitting

the required notifications to the Committee. The Committee has

provided each of the departments, the Judiciary, and the Small

Business Administration with transfer authority, which is the same

as the transfer authority provided in the fiscal year 2000 Appropriations Act. The Committee believes such authority, together

with the traditional reprogramming policy, gives each department,

the Judiciary and the Small Business Administration the needed

discretion to respond to unanticipated circumstances and requirements which may arise throughout the fiscal year.

RELATIONSHIP WITH BUDGET AND COMPTROLLER’S OFFICES

Through the years the Appropriations Committee has channeled

most of its inquiries and requests for information and assistance

through the budget offices or comptroller organizations of the various departments, agencies, and commissions and the Judiciary.

The Committee has often pointed out the natural affinity and relationship between these organizations and the Appropriations Committee which makes such a relationship imperative. The Committee reiterates its position that while it always reserves the right

to call upon all organizations in the departments, agencies, and

commissions and the Judiciary for information and assistance, the

primary conjunction between the Committee and these entities

must be through the budget offices and comptroller organizations.

The Committee appreciates all of the assistance received from

each of the departments, agencies, and commissions and the Judiciary during this past year. The workload generated in the budget

process is large and growing, and therefore, a positive, responsive

relationship between the Committee and the budget and/or comptroller offices is absolutely essential to the appropriations process

of the United States Government.

STAFFING AND OPERATIONS OUTSIDE OF THE UNITED STATES

The Committee remains concerned that there does not yet appear

to be any systematic control over the size and growth of Federal

department and agency presence outside of the United States, raising the likelihood that resources are being misallocated. The Committee, in conjunction with the Administration, has begun a number of initiatives to improve the situation, including the overseas

staffing model for the State Department, and the International Cooperative Support Services system, to better allocate costs of overseas presence to each agency, in order to ensure that any decision

to assign personnel overseas is based on the true cost. Most recently, the Committee has supported the Overseas Presence Advisory Panel, which has presented recommendations to the Secretary

of State.

This concern is due in large part to the cost implications. It costs

two to three times as much to maintain an employee outside of the

United States as it does within the United States. It is clear that

rationalizing and systematizing staffing and operations in foreign

countries has the potential for large budgetary savings. The Com-
7

mittee has included additional guidance under Title IV of this report related to the implementation of these recommendations.

The Committee wishes to make it clear that any expansion of

staffing or presence overseas is to be brought to the attention of the

Committee at the outset of the planning process, well in advance

of the proposed use of any funds appropriated in this Act, or any

prior or subsequent appropriations Acts, preferably through the annual budget submission, and as a last resort through the reprogramming process. The Committee remains intent upon finding

the proper way to assure control of the deployment of personnel

and resources outside of the United States.

TITLE I—DEPARTMENT OF JUSTICE

The Committee recommends $20,391,979,000 in new budget authority in the accompanying bill for the Department of Justice for

fiscal year 2001. This amount is $1,745,477,000 more than the appropriation for the current year, and is $66,632,000 above the

budget request for fiscal year 2001. Of the total amount provided, $20,269,755,000 is derived from

general purpose discretionary funds, which represents an increase

of $5,784,008,000 above the current year, reflecting the expiration

of the Violent Crime Reduction Trust Fund in fiscal year 2000. The

remaining $122,224,000 provided is scored as mandatory spending.

The Committee recommendation for the Department of Justice

reflects the continuing commitment of the Congress to investments

which have been made over the last five years to address the Nation’s top domestic priority—fighting crime—while at the same

time fulfilling the commitment to a balanced budget made by the

Congress and the Administration in 1997. Over the past five years,

Congress has increased funding for the Department of Justice by

over $6.3 billion, representing a 52 percent increase in resources,

and the results are showing. The violent crime rate is at its lowest

level since the Department of Justice began tracking the statistics

in 1973, and rates for all other crimes have also declined. As a result, our communities are safer, and violent criminals are serving

longer sentences and not being released back into the community.

To ensure continued success, the Committee recommendation

provides Federal law enforcement with the tools and resources necessary to follow through with our investments, while at the same

time enabling law enforcement to effectively counter the new and

emerging threats as we move into the 21st century.

For fiscal year 2001, the largest increase in the Department of

Justice, $786,619,000, is recommended to address critical detention

requirements to house the Federal prisoner and criminal alien populations. The Committee also recommends increases totaling

$393,994,000 for the Drug Enforcement Administration, the Federal Bureau of Investigation, and the United States Attorneys to

maintain and enhance Federal law enforcement’s ability to fight

the war on violent crime and drugs, and provide new tools to investigate and prosecute new and emerging crimes in the information

technology age as well as threats to our national security. To address the continuing problem of illegal immigration, the Committee

recommends an increase of $241,058,000 for the INS for new border patrol agents and increased detention and removal capacity,

and continued funding to maintain the interior enforcement initia-
8

tive begun in fiscal year 1999. In addition, $585,000,000 is provided

to reimburse States for the incarceration of criminal aliens. The

Committee has also included funding to continue the naturalization

backlog reduction initiative begun in fiscal year 1999.

At the same time, the Committee remains committed to empowering our local communities to fight crime and drugs. We must stay

the course and continue support for proven programs which have

given us results. Now is not the time to eliminate successful programs in favor of new, undefined, and untested programs. Consequently, the recommendation includes $2,823,950,000 for State

and local law enforcement assistance, which is $1,161,750,000 more

than requested by the President, including restoration of funding

for the Local Law Enforcement Block Grant program at

$523,000,000, and the Truth-in-Sentencing State Prison Grant program at $521,500,000, programs which the Administration proposed to eliminate. The Committee has also rejected the President’s

request to cut the Byrne Law Enforcement Assistance formula

grant program by $100,000,000.

The Committee notes that authorization for the Community Oriented Policing Services (COPS) Program expires at the end of fiscal

year 2000. Further, according to the Administration, the COPS program attained its authorized purpose of providing 100,000 new police officers in fiscal year 1999. Last year, the Administration stated its intent to continue and expand the COPS program. However,

as of yet, no authorization legislation has been submitted to the

Congress for consideration. Therefore, the Committee recommends

$595,000,000, the same amount appropriated in fiscal year 2000,

for ongoing programs to continue hiring, innovative technology,

bullet-proof vests, school violence and drug initiatives. The recommendation also includes continued funding for programs to prevent and punish juvenile crime, including $287,097,000 for juvenile

crime prevention programs, as requested, and $250,000,000 for the

juvenile crime block grant initiated by Congress in 1998, for which

the Administration proposed no funding.

The Congress has done its part to dedicate resources to the Department of Justice during a time of severe fiscal constraint.

GENERAL ADMINISTRATION

SALARIES AND EXPENSES

The Committee recommends a total of $84,177,000 for General

Administration for fiscal year 2001. This amount is $7,376,000

below the request, and $4,849,000 above the level provided in fiscal

year 2000.

This account funds the development of policy objectives and the

overall management of the Department of Justice. In fiscal year

2000, the account was held at a freeze and had to absorb its inflationary adjustments to base. The recommendation provides adjustments to base for the Justice Management Division. If the fiscal

year 2000 reprogramming request funding additional staff to process the increased amount of Foreign Intelligence Surveillance Act

(FISA) applications and counterterrorism work is approved, it is assumed that sufficient funding, but not more than $1,000,000, will

be available within the recommended level to fund the full

annualized costs of these positions.
9

The Committee also directs that $5,000,000 be transferred to the

Justice Management Division from the Immigration and Naturalization Service (INS) salaries and expenses account to continue

the planned integration of the INS IDENT system and the FBI

IAFIS system. The Committee continues to be concerned about the

possibility of violent criminals, such as now-convicted railway serial

killer, Rafael Resendez Ramirez, being released from INS custody

and believes this project should be a high priority.

The Committee has grown increasingly concerned about the

budget and financial management practices of several Department

of Justice components. Despite tremendous fiscal constraints, the

Committee has provided significant additional resources over the

last five years to many Justice components, in particular INS, the

FBI, and the DEA. Thus, the Committee is frustrated and disturbed by continued reported budget ‘‘shortfalls’’ in these components. These ‘‘shortfalls’’ are largely attributable to the failure of

the components to execute their budgets in a manner that is consistent with both their current year appropriation and their pending budget requests, including overhiring personnel, as well as

their failure to fully comply with the reprogramming procedures set

forth in section 605. All agencies, without exception, are responsible for operating within the budget they have been provided.

Therefore, the Committee directs the Department of Justice to put

in place a mechanism to ensure that no Department of Justice

agency will take personnel actions in the current year that cannot

be funded within the base level of funding included in the pending

budget request, as well as ensure that all components are fully

abiding by section 605 of the Appropriations Act. The Department

is directed to continue to consult with the Committee regarding

this issue, and to report back no later than August 15, 2000, on the

actions taken to establish this mechanism.

The Committee is concerned that in cases which the Federal government sought to prosecute as a capital matter, from 1988 to

1999, 76 percent of the 133 defendants were Latino or AfricanAmerican. The Committee is aware that the Department is conducting an internal review of possible racial disparities in the authorization process for capital prosecutions, and directs the Department to report to the Committee on its findings, as well as the statistics on the number of cases recommended and the number of

cases authorized for capital prosecutions, and the disposition of

those cases.

The Committee recommends bill language, carried in previous

years, which (1) specifies the amount of funding provided for Department Leadership and the Offices of Legislative and Public Affairs; and (2) makes up to $3,317,000 of this appropriation available until expended for the Facilities Program 2000.

JOINT AUTOMATED BOOKING SYSTEM

The Committee recommends a total of $1,800,000 for the Joint

Automated Booking System (JABS) as requested, and the same

amount provided in fiscal year 2000. Funding is provided for program management support and maintenance of the JABS production system.

The JABS will enable Department of Justice law enforcement

components—the Bureau of Prisons, Federal Bureau of Investiga-
10

tions, Drug Enforcement Administration, Immigration and Naturalization Service, and the U.S. Marshals Service—to build an

automated booking capability using their respective infrastructures

and to share information using the Department’s common information technology platform.

Bill language is included, modified as requested, allowing funds

to be used for the transmission of data.

PUBLIC KEY INFRASTRUCTURE

The Committee does not recommend $4,376,000 to establish a

new Department of Justice Public Key Infrastructure (PKI) account.

The Committee notes that significant additional resources have

been provided over the past five years for various information technology initiatives which have not yet been completed, and therefore

does not believe it prudent to launch another major information

technology project at this time. The Committee also believes further study is required on the challenges and benefits associated

with PKI, as well as the costs to implement it Department-wide.

The Committee is aware that the Department recently established

two operational prototypes. The Committee requests the Department of Justice to report, not later than February 1, 2001, on the

results of these pilot projects and the costs associated with Department-wide implementation of PKI.

NARROWBAND COMMUNICATIONS

The Committee recommends a direct appropriation of

$177,445,000 for this account, instead of $188,000,000 as requested. In fiscal year 2000, $115,941,000 was provided for this activity, of which $10,625,000 was provided as a direct appropriation

under this account, $92,545,000 was appropriated within various

components’ budgets and then transferred to the activity, and

$12,771,000 was provided from super surplus balances in the Assets Forfeiture Fund. For fiscal year 2001, all funding for this activity has been consolidated within this account, and the various

component base budgets have been reduced to reflect this consolidation.

The Committee expects the Department to continue implementation of a consolidated, regional, interagency Justice Wireless Network (JWN) to meet components’ needs and to improve wireless capabilities, as such an approach will enhance interoperability and

reduce costs associated with narrowband conversion by up to

$1,000,000,000. Amounts provided will be used to continue implementation of the JWN, operate and maintain legacy systems, expand the use of commercial services, and support the Wireless

Management Office. It is the Committee’s continued expectation

that narrowband requirements can be accommodated without significant additional new resources being required.

The Committee recommends modified bill language, as requested, which allows funds to be used for the cost of operating and

maintaining legacy systems.
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COUNTERTERRORISM FUND

The Committee recommends $10,000,000 for the

Counterterrorism Fund, which was established in the 1995 Supplemental Appropriations Act after the bombing of the Alfred P.

Murrah Federal Building in Oklahoma City, and is under the control and direction of the Attorney General.

The Committee recommendation provides $10,000,000 to cover

the extraordinary expenses resulting from a terrorist threat or incident, the full amount requested, and the same level provided in fiscal year 2000. The recommendation, when combined with current

unobligated balances from prior years totaling $32,844,150, will

provide up to $42,844,150 in the Fund in fiscal year 2001. These

funds may be used to reimburse any Department of Justice organization for the costs incurred from the reestablishment of an office

or facility damaged or destroyed as a result of a domestic or international terrorist incident, and to cover extraordinary expenses

necessary to counter, investigate or prosecute domestic or international terrorism activities. The Attorney General is required to

notify the Committees on Appropriations of the House of Representatives and the Senate in accordance with section 605 of this

Act, prior to the obligation of any funds from this account.

The Committee recommends bill language, similar to that carried

in previous Appropriations Acts, which: (1) makes funds available

for costs incurred in reestablishing the operational capacity of an

office or facility damaged or destroyed by a terrorist incident; and

(2) makes funds available for support to counter, investigate or

prosecute terrorism, including payments of awards and detention

costs in connection with these activities.

TELECOMMUNICATIONS CARRIER COMPLIANCE FUND

The Committee recommendation includes a direct appropriation of $282,500,000 for the Telecommunications Carrier Compliance

program to reimburse equipment manufacturers and telecommunications carriers and providers of telecommunications support services for implementation of the Communications Assistance for Law

Enforcement Act of 1994 (CALEA), of which $141,250,000 is for

purposes related to national security. This amount represents an

increase of $177,500,000 above the amount requested under the

Department of Justice, and $72,500,000 above the total amount requested in the President’s budget for this purpose. The recommendation reflects the fact that all funding for CALEA in fiscal

year 2001 is being provided under the Department of Justice, as

has been the practice in previous years, while the President’s budget proposed providing the national security portion under the Department of Defense.

The Committee believes that implementation of CALEA is long

overdue. The Committee notes that Congress expected CALEA implementation to be achieved over two years ago. However, due to

disagreements between law enforcement and industry, that deadline was not met. As a result, law enforcement’s ability to effectively counter threats of terrorism, drug trafficking and other serious crimes has been seriously eroded. Therefore, the Committee is

pleased that the Department of Justice and the industry have resolved the disagreements and implementation of CALEA is now a
12

reality, provided funding is made available to ensure that the

agreements reached can be expeditiously implemented. To date, the

Committee has made available a total of $117,580,000 to the Fund.

In addition, on January 10, 2000, the Department of Justice submitted a reprogramming request for an additional $100,000,000 to

be made available to the Fund, which the Committee has approved.

These amounts, when combined with funds included in this bill,

will provide the full $500,000,000 authorized and required to implement CALEA. It remains the Committee’s intent that not more

than $500,000,000 shall be available for reimbursements pursuant

to CALEA from direct appropriations or other Federal sources.

CALEA Implementation.—As noted previously, the Committee is

encouraged by the progress made between the Department of Justice and the telecommunications industry on resolving issues related to CALEA implementation. The Committee expects the Department and the FBI to remain focused on implementation and to

ensure that planning, reimbursement, and resource tracking are

coordinated and handled in a timely and consistent manner. In

order to ensure that these efforts are emphasized, not less than

$17,300,000 is provided within the FBI for CALEA implementation.

The Committee expects the FBI to replace the current CALEA implementation organization, which includes the CALEA Implementation Section and the Telecommunications Contracts and Audit

Unit, with a new CALEA Management Office in the Office of the

Deputy Director, FBI. The Committee believes this new office will

be significantly better situated than the present implementation organization to represent all law enforcement constituencies before

the Congress, Federal and other regulatory bodies, telecommunications carriers, manufacturers of telecommunications equipment,

providers of support services, and other interested parties and

stakeholders. The Committee expects this office to continue to work

with the Department of Justice on all matters involving CALEA

implementation. In addition, by establishing this office under the

Office of the Deputy Director, the Committee believes that CALEA

will be given priority consideration within the FBI, will gain access

to key personnel needed for implementation efforts, and will improve the ability of the FBI to prioritize the financial and personnel

resources required for a continued and sustained implementation

effort.

ADMINISTRATIVE REVIEW AND APPEALS

The Committee recommends $159,570,000 for Administrative Review and Appeals. This amount is an increase of $11,071,000 above

the fiscal year 2000 level, to fund the current operating level, and

$4,979,000 below the request. Of the total amount provided,

$157,843,000 is for the Executive Office of Immigration Review,

and $1,727,000 is for the Pardon Attorney.

This appropriation supports the Executive Office of Immigration

Review (EOIR), which includes the Board of Immigration Appeals,

Immigration Judges, and Administrative Law Judges who decide

through administrative hearings the admission or exclusion of

aliens seeking to enter the country, and the deportation and adjustment of status of aliens whose status has been challenged; and the

Office of the Pardon Attorney, which receives, investigates and considers petitions for all forms of Executive clemency.
13

DETENTION TRUSTEE

The Committee recommends $1,000,000 to establish a new Federal Detention Trustee within the Department of Justice, instead

of $26,000,000 as requested. The Committee has not provided requested funding or bill language to expand the authority of the Department of Justice to reimburse other entities for certain detention costs.

Detention consumes a significant and growing portion of the Department of Justice’s budget, and responsibility for detainees is divided among several agencies. In response to the Committee’s

growing concerns about the problem of inadequate planning and

management of detention space in the Department of Justice, in

fiscal year 2000, the Committee directed that the Attorney General

submit recommendations on a Department-wide strategy to plan

for and manage its detention needs. As part of this effort, the fiscal

year 2001 budget proposes to create a ‘‘detention trustee’’ that

would be responsible for oversight of detention management, as

well as improvement and coordination of detention issues Department-wide. While the Committee remains concerned that this proposal does not go as far as centralizing all detention funding under

the trustee, the Committee believes the proposal submitted is an

important first step. Therefore, the Committee recommends creation of the new trustee office, which it believes can do for detention what the Wireless Management Office (WMO) has done to

remedy the problems with law enforcement communications systems.

Detention problems are often described in terms of regional hot

spots. Thus, like the WMO approach, which focused on certain geographic regions, the Committee believes a similar strategy could

successfully be employed by the detention trustee. By focusing the

new office on selected regional hot spots, the Committee believes

that coordination can best be tested and demonstrated. Therefore,

the Committee directs the new trustee to establish two regional detention pilot projects, one along the Southwest border, and one located in the Midwest. At the outset of these pilot projects, the

trustee should conduct a needs assessment of detention and detainee handling requirements and develop a baseline for the

present efficiency and effectiveness of all aspects of detention and

detainee handling, against which subsequent process improvements

will be assessed. The initial baseline report should also identify the

specific operational areas of detention that will be targeted, as well

as the specific geographic boundaries for the pilot. Additional elements of the pilot projects should include: centralized management

of Inter-governmental Agreements under the detention trustee;

prisoner transportation; healthcare management; and Cooperative

Agreement Program grants. The Committee intends that the trustee be given authority to direct the use of INS and USMS detention

resources. The Committee expects the Department of Justice to

consult with the Committee in the development of these pilot

projects, submit the baseline report no later than January 5, 2001,

and submit the completed assessment of the pilots one year later.

Further, the Committee notes that the detention consolidation

study undertaken by KPMG in 1998 identified the lack of comparable resource and performance information between detention
14

agencies, including BOP, as a barrier to making effective fiscal decisions regarding detention operations. KPMG recommended that

the Department undertake a ‘‘set of management tools to improve

decision-making’’ in the area of detention. In addition, the Department’s own 1998 detention study identified various management

issues and made findings and recommendations pertaining to centralized detention management. The Study reported that various

aspects of the Department’s Detention Planning Committee (DPC)

need to be more formalized to ensure that DPC decisions are being

carried out. Furthermore, the study concluded that ‘‘DPC members

need to develop solutions to issues that go beyond their individual

component interests’’ and that ‘‘there must be more of a Department-wide outlook on the part of the DPC.’’ In addition to undertaking the pilot programs, the Committee believes that addressing

these issues should be the central responsibility of the detention

trustee.

The Committee recommends new language, similar to the request, which sets forth the authorities of the detention trustee.

OFFICE OF THE INSPECTOR GENERAL

The Office of the Inspector General performs audit, inspection

and investigation functions of Department of Justice activities. The

Committee recommends $41,825,000 for the Office of Inspector

General for fiscal year 2001. This level is $367,000 below the request and $1,550,000 above the fiscal year 2000 level. The recommended level assumes that $1,500,000 will be available to the

Office of the Inspector General through a reimbursable agreement

with the Immigration and Naturalization Service.

UNITED STATES PAROLE COMMISSION

SALARIES AND EXPENSES

The Committee recommends $8,855,000 for the Parole Commission for fiscal year 2001. This level is $328,000 below the request

and provides for adjustments to base.

This Commission is an independent body within the Department

of Justice which makes decisions regarding requests for parole and

supervision of Federal and D.C. Code prisoners. As a result of legislation that established sentencing guidelines, the Parole Commission is phasing down its Federal operations. However, in August

1998, the Commission assumed jurisdiction over D.C. felony prisoners and on August 5, 2000, the Commission will assume jurisdiction over D.C. Code parolees.

LEGAL ACTIVITIES

GENERAL LEGAL ACTIVITIES

The Committee recommends a total of $523,228,000 for General

Legal Activities for fiscal year 2001, an increase of $18,283,000

above the amount provided in fiscal year 2000, and $30,007,000

below the request.

The recommendation provides for adjustments to base totaling

$18,283,000, but does not include any program increases or undefined base restorations. The distribution of funding provided is as

follows:
15

Office of the Solicitor General .............................................................. $7,118,000

Tax Division ........................................................................................... 70,991,000

Criminal Division ................................................................................... 110,800,000

Civil Division .......................................................................................... 147,616,000

Environment and Natural Resources Division .................................... 68,703,000

Office of Legal Counsel .......................................................................... 4,967,000

Civil Rights Division ............................................................................. 86,150,000

Interpol—USNCB .................................................................................. 7,686,000

Legal Activities Office Automation ...................................................... 18,877,000

Dispute Resolution ................................................................................. 320,000

Total ............................................................................................. 523,228,000

This appropriation supports the Attorney General through the

establishment of litigation policy, conduct of litigation, and various

other legal responsibilities.

The Committee remains concerned about extradition and deportation matters related to U.S. fugitives, and directs the Department to compile a report on extradition cases, including pending requests, by country, and the number of fugitives returned to the

U.S., by country over the past five years. The Committee asks the

Department to describe, to the extent possible, the most problematic cases and most uncooperative countries in order to better inform Congress of the difficulties in this area. This report should be

submitted to Congress no later than March 1, 2001. In addition,

the Committee expects the Department to work with the Department of State to bolster its efforts to negotiate effective extradition

treaties.

The Committee is aware of concerns about the inappropriate use

of restraints and seclusion in institutions for the mentally ill and

encourages the Civil Rights Division to utilize appropriate resources to investigate civil rights violations in those institutions.

The Committee recommends bill language, similar to that included in previous fiscal years, which: (1) allows up to $20,000 for

expenses of collecting evidence; (2) makes up to $10,000,000 for litigation support contracts available until expended; (3) makes up to

$18,877,000 for office automation systems available until expended,

and includes language modified from the request, allowing funds to

be used for additional Departmental components; and (4) makes up

to $1,000 available to the U.S. National Central Bureau—

INTERPOL for reception and representation expenses.

THE NATIONAL CHILDHOOD VACCINE INJURY ACT

The Committee recommends a reimbursement of $4,028,000 for

fiscal year 2001 from the Vaccine Injury Compensation Trust Fund

to cover Justice Department expenses associated with litigating

cases under the National Childhood Vaccine Injury Act of 1986.

This represents the full amount requested and the same level provided in fiscal year 2000.

SALARIES AND EXPENSES, ANTITRUST DIVISION

The Committee recommendation assumes a total of $113,269,000

in budget authority for the Antitrust Division for fiscal year 2001,

$3,269,000 above the current year appropriation and $20,731,000

below the request. Of this amount, $77,171,000 will be derived

from anticipated fee collections in fiscal year 2001, and $36,098,000

will be derived from available fiscal year 2000 fee collections, resulting in no net direct appropriation. The Committee notes that
16

any use of remaining unobligated fee collections from prior years

is subject to the reprogramming requirements outlined in section

605 of this Act. The Committee recommendation provides pay and

inflationary increases to allow the Division to maintain its current

operating level.

This Division acts on antitrust cases before the Supreme Court,

represents the interests of the United States in cases brought

under Federal antitrust laws, reviews decisions of regulatory commissions, and prepares and files amicus briefs.

Appropriations for both the Division and the Federal Trade Commission are financed with Hart-Scott-Rodino Act pre-merger filing

fees. The fiscal year 2001 budget proposed to modify the HartScott-Rodino Act to include a three tiered fee structure. Under current law, a stock or asset acquisition that meets two tests requires

a Hart-Scott-Rodino Act filing, the size of company test and the

size of asset test. The size of company test provides that one company must have annual net sales or assets of $100,000,000 and the

other company must have net annual sales or assets of

$10,000,000. The size of asset test provides that the asset or stock

being acquired must be worth $15,000,000 or higher. If a transaction meets both these tests, filing and a $45,000 fee are required.

The new three tiered fee structure will raise the size of asset test

threshold to $35,000,000 and will require a $45,000 fee. For transactions between $100,000,000 and $199,999,999, the fee will increase to $100,000. For transactions $200,000,000 and higher, the

fee will increase to $200,000.

The Committee’s recommendation funds the Division’s current

operating level. However, it is estimated that raising the size of

asset test threshold from $15,000,000 to $35,000,000 will result in

nearly a forty percent reduction in the number of filings requiring

review. Therefore, the Committee assumes that the Division will be

able to fund some of its requested program increases from within

the funding level provided. The Committee directs the Division to

submit a fiscal year 2001 financial plan no later than December 31,

2000, outlining how it intends to allocate its fiscal year 2001 resources.

The recommendation includes bill language for the Division, carried in previous fiscal years, which allows fees to be credited to this

account and reduces appropriated funds as fees are collected. The

recommendation does not include requested bill language restricting reprogramming of certain fees.

SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

The Committee recommends a total of $1,247,416,000 for the

U.S. Attorneys for fiscal year 2001. The total amount provided is

an increase of $85,459,000 above the current year appropriation

and is $45,217,000 below the request.

The recommendation includes a total of $63,556,000 for pay and

inflationary adjustments to enable the U.S. Attorneys to maintain

their current operating level. The recommendation does not include

$7,425,000 requested as base adjustments to substitute direct appropriations for activities previously supported from the Health

Care Fraud and Abuse Control (HCFAC) Account. Instead, the

Committee directs the Department of Justice to continue to provide

funding for not less than 177 positions and 177 FTE to the U.S.
17

Attorneys from the Health Care Fraud and Abuse Control

(HCFAC) account to support health care fraud activities. In addition, the recommendation provides program increases for the following activities:

Firearms Prosecutions.—The recommendation includes

$14,518,000, 163 positions and 82 full-time equivalent workyears

(FTE), including 113 attorneys, to enhance the prosecution of existing firearms statutes. This amount, when combined with existing

base resources totaling $7,125,000, will provide resources totaling

$21,643,000 devoted to intensive firearms prosecution projects.

The Committee directs the Executive Office of U.S. Attorneys

(EOUSA) to allocate these resources to U.S. Attorneys offices

through the existing resource allocation process, based on criteria

which include, but are not limited to, an assessment of the gun-related violent crime problem in the district, crime trends, workload

data, and the current level of effort being devoted to firearms prosecutions by the U.S. Attorneys office and local law enforcement.

Concerns have been expressed that some violent crime data utilized in fiscal year 2000 were outdated and did not accurately reflect changing circumstances. Therefore, the Committee expects the

EOUSA to re-evaluate its formula to ensure that the most accurate

and up-to-date information is used when allocating funds provided

for this initiative. The Committee does not recommend that funds

be set aside to establish 20 Strategic Approaches to Community

Safety Initiative (SACSI) teams, but instead expects funds to be

distributed to address gun-related prosecution in a manner which

reflects the priorities identified by the local districts and results in

increased prosecutions of existing gun laws.

Cyber Crime and Intellectual Property.—The recommendation includes $3,948,000, 50 positions and 25 FTE, including 28 attorneys,

to enhance the investigation and prosecution of computer and intellectual property crimes. The Committee notes that the Congress

has passed three significant pieces of legislation to address the

threats posed by computer and high technology crime, including

the No Electronic Theft (NET) Act, the National Information Infrastructure Assurance Act, and the Economic Espionage Act. The

Committee expects this increase will provide the U.S. Attorneys

with the resources and tools they need to respond vigorously to the

growing threats posed by cyber and intellectual property crimes.

Immigration.—The recommendation includes $3,415,000, 48 positions and 24 FTE, including 27 attorneys, to address the growing

immigration criminal workload. The Committee notes that since

fiscal year 1995, the number of immigration case filings by the U.S.

Attorneys has increased by over 186 percent and now represents 23

percent of the total criminal cases filed. In addition, the Committee

is aware that the continued problem of illegal immigration, particularly re-entry of previously removed aliens, places significant burdens on the affected State and local criminal justice systems.

Therefore, an enhancement has been provided to enable the U.S.

Attorneys to meet this growing workload. The Committee believes

particular emphasis should be placed on prosecutions of individuals

involved in alien smuggling, document fraud, and illegal aliens

with multiple deportations who have committed criminal offenses.

The EOUSA should submit a spending plan on the allocation of the
18

increase provided to the Committee no later than December 15,

2000.

The Committee concurs with the report recently submitted by

the Executive Office of U.S. Attorneys regarding unstaffed offices,

and expects the 82 offices identified to remain open, including the

current office in Winchester, Tennessee.

This appropriation supports the Executive Office of U.S. Attorneys and the 94 U.S. Attorneys Offices which serve as the principal

litigators for the U.S. Government for criminal, civil and debt collection matters.

The Committee also recommends bill language, similar to that

included in previous fiscal years, which: (1) makes up to $2,500,000

for debt collection purposes available through fiscal year 2002; (2)

makes available up to $8,000 to be used for official reception and

representation expenses; (3) makes up to $10,000,000 for automated litigation support contracts available until expended; and (4)

specifies the number of positions and workyears provided for the

United States Attorneys.

UNITED STATES TRUSTEE SYSTEM FUND

The Committee recommendation provides a total of $126,242,000

for the U.S. Trustees for fiscal year 2001, to be entirely funded

from offsetting collections. The amount recommended is

$19,467,000 higher than the current level and $960,000 below the

request.

The recommendation provides for the current operating level, including pay and inflationary adjustments and restoration of onetime carry over balances utilized in the U.S. Trustee’s fiscal year

2000 financial plan. The Committee notes that any amounts collected or otherwise available in excess of the recommended level

are subject to the reprogramming requirements outlined in section

605 of this Act.

The U.S. Trustees System provides administrative support to expeditiously move bankruptcy cases through the bankruptcy process

and ensures accountability of private trustees appointed to administer bankruptcy estates and with regard to debtors. Public Law

99–554, the Bankruptcy Judges, U.S. Trustees, and Family Farmer

Bankruptcy Act of 1986, established a U.S. Trustee System Fund

in the U.S. Treasury and provided for the collection of fees into the

Fund to finance program operations.

The recommendation also includes bill language which: (1) allows

deposits to the U.S. Trustee System Fund to be used to pay refunds

due depositors; (2) allows $126,242,000 in offsetting collections to

be retained and used for necessary expenses in this appropriation;

and (3) reduces appropriated funds as such offsetting collections

are collected. The recommendation does not include requested bill

language prohibiting the obligation of certain fees until fiscal year

2002.

SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT COMMISSION

The Committee recommends $1,000,000 for the Foreign Claims

Settlement Commission for fiscal year 2001. This amount is

$214,000 below the request and a decrease of $175,000 below the

current year appropriation.
19

The Commission settles claims of American citizens arising out

of nationalization, expropriation, or other takings of their properties and interests by foreign governments.

SALARIES AND EXPENSES, UNITED STATES MARSHALS SERVICE

The Committee recommends $560,438,000 for United States Marshals Service salaries and expenses for fiscal year 2001. This

amount represents an increase of $19,835,000 above the comparable level for fiscal year 2000, excluding the permanent base

transfer of funds to the Narrowband Communications account for

USMS land mobile radio replacement activities, and is $26,031,000

below the request. The recommendation includes a net increase of $5,756,000 in

base adjustments, as follows: a $20,817,000 increase for pay and inflationary adjustments, partially offset by decreases of $4,852,000

for one-time equipment purchases and $10,209,000 from the transfer of the Seized Assets Management Program to the Assets Forfeiture Fund. In addition, the recommendation provides program

increases for the following activity:

Security at New and Expanded Courthouses.—$13,711,000 is for

security at new and expanded courthouses anticipated to open in

2001, including $6,711,000 for security staffing and $7,000,000 for

equipment. This amount provides the full amount requested for

this activity based on the schedule for courthouse openings submitted in the budget. The Committee notes that in previous years

slippages have often occurred in this schedule. Therefore, the Committee directs the Marshals Service to provide the Committee a revised schedule and spending plan for the use of these funds no

later than November 1, 2000. Should slippages occur in the schedule, the Committee expects the revised plan to devote these excess

resources to address the additional workload requirements, particularly along the Southwest Border.

The Committee adopts the recommendation included in the fiscal

year 2001 budget request regarding the transfer of the Seized Assets Management Program.

The primary mission of the 94 U.S. Marshals offices is the protection of the Federal Judiciary, protection of witnesses, execution

of warrants and court orders, and the custody and transportation

of unsentenced prisoners.

The Committee also recommends bill language, similar to that

included in previous Appropriations Acts, which (1) allows up to

$6,000 to be used for official reception and representation expenses;

(2) allows for the acquisition of motor vehicles for police-type use

without regard to the general purchase price limitation; and (3)

makes up to $4,000,000 for development, implementation, maintenance and support, and training for an automated prisoner information system available until expended. In addition, new language

is included which specifies the number of positions and workyears

provided for the Marshals Service.

CONSTRUCTION, UNITED STATES MARSHALS SERVICE

The Committee recommendation includes $6,000,000 for United

States Marshals Service construction, the same amount as the current year appropriation and $378,000 below the request. This account was created in fiscal year 1999 when responsibility for the
20

construction of prisoner holding facilities for the Marshals Service

was transferred from the Bureau of Prisons. The Committee expects the Marshals Service to utilize this funding to undertake renovation projects which address the highest priority security needs

identified.

JUSTICE PRISONER AND ALIEN TRANSPORTATION SYSTEM FUND,

UNITED STATES MARSHALS SERVICE

The recommendation includes language, modified as requested to

allow operating leases of up to 10 years, to provide for the operation of this revolving fund, which provides air transportation for

prisoners and others in the custody of the U.S. Marshals Service,

the Immigration and Naturalization Service and the Bureau of

Prisons within the Department of Justice as well as other agencies,

such as the Department of Defense, and State and local law enforcement on a space available basis. As a revolving fund, financing

for the system will be based on full-cost recovery, by means of a

mileage and cost-per-seat charge paid by these same agencies for

actual usage. The Committee believes that operating this system

on a full-cost recovery basis will assure operation of the system in

a financially sound way based on best business practices. Each constituent Justice agency has funding in its base to provide for necessary reimbursement to the system.

The Committee continues the direction included in fiscal year

1999 and 2000 which required that systems enhancements under

the revolving fund be presented as part of the annual budget submission. Should such enhancements not be submitted as part of the

annual budget process, the Committee expects to be notified in accordance with the reprogramming requirements of section 605 of

this Act.

FEDERAL PRISONER DETENTION

The Committee recommendation includes $597,402,000 for the

Federal Prisoner Detention account for fiscal year 2001, which is

$72,402,000 over the level provided in the current year appropriation and the full amount requested. 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,

usually before and during trial and while awaiting transfer to Federal institutions after conviction.

The recommendation includes the amount of funding necessary

to detain the current average population, adjusted for anticipated

increases in jail day costs, as well as to allow for additional growth

in the detainee population. This amount will enable the USMS to

house detainees for a total of 9,573,000 non-Federal jail days, an

8 percent increase over fiscal year 2000, and equates to an average

non-Federal daily prisoner population of 26,227.

New language is included, as requested, which (1) allows the

Marshals Service to enter into multi-year contracts with private

entities; and (2) allows the Bureau of Prisons to be reimbursed for

certain costs associated with prisoner movements.
21

FEES AND EXPENSES OF WITNESSES

The Committee recommends $95,000,000 for Fees and Expenses

of Witnesses for fiscal year 2001, the same amount as the current

year appropriation and $61,145,000 below the request, and includes

no requested program increases. This program 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, mental competency examinations, and witness/informant protection. Funds are also used to provide private counsel

to pay certain legal expenses of Federal employees.

The Committee also recommends bill language, included in previous Appropriations Acts, which allows: (1) up to $6,000,000 for

protected witness safesites; and (2) up to $1,000,000 for the purchase and maintenance of armored vehicles for prisoner transportation. In addition, new language is included, as requested, which

allows up to $5,000,000 to be used for installation and operation of

a secure automated network.

SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE

The Committee recommends $7,479,000 for the Community Relations Service for fiscal year 2001, $280,000 above the current year

and $2,350,000 below the request. This level will fund pay and inflationary base adjustments. In addition, the recommendation includes a provision that allows the Attorney General to transfer

$1,000,000 from funds made available to the Department of Justice

to this account, thereby allowing for a total funding level of

$8,479,000.

The Community Relations Service (CRS) was established by Title

X of the Civil Rights Act of 1964 to provide assistance to communities in resolving disagreements arising from discriminatory practices.

The Committee also recommends bill language, identical to that

included in previous years, which allows the Attorney General to

provide additional resources for CRS, through transfers of funds

from other Department of Justice programs under section 605 of

this Act, if emergent circumstances exist.

ASSETS FORFEITURE FUND

The Committee recommends $23,000,000 for the Assets Forfeiture Fund for fiscal year 2001, which is the full amount requested and the same level as provided in the current year appropriation.

This account provides funds for additional investigative expenses

of the FBI, DEA, INS and U.S. Marshals, such as purchase of evidence, equipping of conveyances and investigative expenses leading

to seizure. Funds for these activities are provided from receipts in

the Assets Forfeiture Fund resulting from the forfeiture of assets.

Expenses related to the management and disposal of assets are

also provided from these receipts in the Assets Forfeiture Fund by

a permanent indefinite appropriation.
22

RADIATION EXPOSURE COMPENSATION

ADMINISTRATIVE EXPENSES

The Committee recommends $2,000,000 for fiscal year 2001, the

full amount requested and the same level provided in the current

year appropriation, for the expenses of the Civil Division necessary

to handle claims and litigation arising from the Radiation Exposure

Compensation Act (RECA).

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

The Committee recommends $3,200,000 for fiscal year 2001. This

is the same level as provided in fiscal year 2000 and $10,527,000

below the request.

The Committee is aware that S. 1515, which passed the Senate

on November 19, 1999 and was reported by the Committee on the

Judiciary to the House of Representatives on May 24, 2000, expands the RECA program. The Congressional Budget Office estimates that S. 1515 will cost an additional $20 million in fiscal year

2001 and an additional $646 million through fiscal year 2005. The

Committee notes that this legislation has not yet been enacted into

law and funding was not included in the budget request for this expansion. Therefore, these costs were not considered as part of the

fiscal year 2001 Budget Resolution, the Committee’s defense allocation, or the Committee’s recommended fiscal year 2001 funding

level.

INTERAGENCY LAW ENFORCEMENT

INTERAGENCY CRIME AND DRUG ENFORCEMENT

The Committee recommends $328,898,000 for Interagency Crime

and Drug Enforcement for fiscal year 2001, an increase of

$12,106,000 above the current year appropriation, to provide for inflationary increases for Department of Justice agencies’ participation in this program.

The Interagency Crime and Drug Enforcement (ICDE) program

was created in 1982 to ensure a coordinated, multi-agency approach to attacking and dismantling high-level drug enterprises.

Through its nine regional Task Forces, the ICDE program utilizes

the combined resources and expertise of its 11 Federal agency

members, in cooperation with State and local investigators and

prosecutors, to target and destroy major narcotics trafficking and

money laundering organizations. Amounts provided in this bill are

to reimburse Department of Justice components for their costs to

participate in ICDE task forces; additional funding for non-Justice

agencies participation in ICDE is provided in other Appropriations

Acts.

The recommendation provides the same level of funding requested in the President’s budget for ICDE activities, as follows:
23

REIMBURSEMENTS BY AGENCY

FTE $(000)

DEA .......................................................................................................................................... 1,000 $108,190

FBI ............................................................................................................................................ 981 112,468

INS ........................................................................................................................................... 117 15,808

Marshals .................................................................................................................................. 13 1,984

US Attorneys ............................................................................................................................ 847 86,582

Criminal Division ..................................................................................................................... 6 814

Tax Division ............................................................................................................................. 12 1,380

Administrative Office ............................................................................................................... 12 1,672

Total ........................................................................................................................... 2,988 $328,898

The Committee recommends bill language, similar to that included in previous Appropriations Acts, which: (1) allows for intergovernmental agreements with State and local law enforcement

agencies; (2) makes $50,000,000 available until expended; (3) allows funds to be used under existing authorities available to participating organizations; and (4) allows the Attorney General to reallocate unobligated balances among participating organizations.

FEDERAL BUREAU OF INVESTIGATION

SALARIES AND EXPENSES

The Committee recommends total budget authority of

$3,229,505,000 for the Federal Bureau of Investigation (FBI) salaries and expenses account for fiscal year 2001. This amount is

$74,363,000 below the request, and $189,637,000 above the comparable level for fiscal year 2000, excluding the permanent base

transfer of funds to the Narrowband Communications account for

FBI land mobile radio replacement activities.

The Committee recommends a net increase of $141,697,000 in

adjustments to base, as follows: $142,836,000 for pay and inflationary increases, including $27,711,000 for increased costs associated with the transfer of Civil Service Retirement System (CSRS)

employees to the Federal Employee Retirement System (FERS) and

increased Federal health insurance premium costs, offset by

$1,139,000 in reductions for non-recurring and one-time costs. The

Committee has provided the full amount requested for base adjustments to support the FBI’s current staffing and operating level as

reflected in the budget request.

The Committee continues to be concerned with the FBI’s inability to execute its budget within the funding levels appropriated by

Congress. Management and personnel decisions the FBI has made

over the past several years, ranging from position upgrades to special incentive programs for hardship posts, to hiring beyond the

level of funded positions have contributed to a budget ‘‘shortfall’’

that has funding ramifications not addressed in the President’s

budget request. The FY 2000 Conference Report included a requirement that the FBI provide a comprehensive budget and financial

review by February 15, 2000. The Department requested an extension of this reporting requirement to April 10, 2000, but as of June

7, 2000, the Committee has yet to receive this review. In addition,

the Committee understands that a reprogramming proposal will be

forthcoming that will address the current budget ‘‘shortfall’’ with a

plan to permanently remedy the problem. The Committee expects
24

such reprogramming will permanently address this situation in a

manner that allows the FBI to maintain the staffing levels provided for in this bill. The Committee recommendation includes a

provision that identifies the funded position and FTE levels provided in the bill. These staffing levels are consistent with full base

funding requested and program increases provided in the Committee recommendation.

The following distribution represents the Committee recommendation:

FBI SALARIES AND EXPENSES

[In thousands of dollars]

Activity Pos. FTE Amount

Criminal, Security and Other Investigations:

Organized Criminal Enterprises ............................................................................. 3,983 3,993 $451,461

White Collar Crime ................................................................................................. 4,284 4,184 484,134

Other Field Programs ............................................................................................. 10,380 10,218 1,294,049

Subtotal ............................................................................................................. 18,648 18,395 2,229,644

Law Enforcement Support:

Training, Recruitment, and Applicant ................................................................... 1,003 984 120,672

Forensic Services ................................................................................................... 692 680 120,436

Information, Management, Automation & Telecommunications ........................... 554 555 205,742

Technical Field Support & Services ....................................................................... 232 229 141,888

Criminal Justice Services ....................................................................................... 2,171 2,182 217,339

Subtotal ............................................................................................................. 4,652 4,630 806,077

Program Direction: Management and Administration .................................................... 2,083 2,024 193,784

Total, Direct Appropriations ................................................................................... 25,383 25,049 $3,229,505

The Committee reminds the FBI that changes in this distribution

are subject to the reprogramming requirements in section 605 of

this Act.

National Instant Check System (NICS).—The recommendation

includes $67,735,000 in direct appropriations to continue operations of the NICS and provide necessary system enhancements. A

provision is included under title VI of the bill which continues the

prohibition carried in fiscal years 1999 and 2000 regarding Federal

user fees and destruction of records.

The Committee is concerned about recent problems which have

rendered the NICS system unavailable for extended time periods.

Therefore, of the amount provided, up to $13,385,000 is to be used

for system availability upgrades to remedy this problem. The FBI

is directed to submit a report to the Committee, no later than August 15, 2000, with a detailed plan of action to make the necessary

upgrades.

In addition, the Committee recommends program increases total- ing $48,000,000, as follows:

Information Sharing Initiative (ISI/e–FBI).— The recommendation includes $39,334,000 for this initiative, renamed ‘‘e–FBI’’, of

which $14,334,000 is to be used to pay the annual lease costs of

the Justice Consolidated Network’s Asynchronous Transfer Mode

(JCON ATM) circuits. When combined with $20,000,000 in fiscal

year 2001 base funding, and $80,000,000 provided in prior years,

a total of $139,344,000 will be available to implement this program

in fiscal year 2001. The Committee notes that a revised strategy

for this initiative has recently been submitted and is currently
25

under review by the Committee. The Bureau is again directed not

to obligate any funds for e–FBI without prior approval of the Committee.

Counterintelligence Initiative.—The recommendation includes

$5,964,000 and 42 positions and 21 FTE, including 20 agents, for

a counterintelligence initiative to allow the FBI to more effectively

address foreign intelligence threats on an ongoing basis.

Intellectual Property Rights Center.—The recommendation includes $612,000 and 8 positions and 4 FTE, including 2 agents, for

a joint center to be co-led by the FBI and the U.S. Customs Service.

The Committee expects this center to be a dedicated effort to improve intelligence and analysis related to intellectual property

rights violations, and to consolidate and coordinate this information

among Federal and State law enforcement agencies to augment investigations in this area.

CALEA Implementation.—The recommendation includes

$2,100,000, as requested, for a total availability of not less than

$17,300,000 within the FBI to be used for implementation of the

Communications Assistance for Law Enforcement Act (CALEA).

The Committee expects the Department and the FBI to remain focused on implementation and to ensure that planning, reimbursement, and resource tracking are coordinated and handled in a timely and consistent manner. Therefore, the Committee expects the

FBI to replace the current CALEA implementation organization,

which includes the CALEA Implementation Section and the Telecommunications Contracts and Audit Unit, with a new CALEA

Management Office in the Office of the Deputy Director, FBI. The

Committee also expects this office to continue to work with the Department of Justice on all matters involving CALEA implementation. By establishing this office under the Office of the Deputy Director, the Committee believes that CALEA will be given priority

consideration within the FBI, will gain access to key personnel

needed for implementation efforts, and will improve the ability of

the FBI to prioritize financial and personnel resources required for

a continued and sustained implementation effort.

Information Technology Report.—As requested in fiscal year

2000, the Committee again requests the FBI to provide an updated

information technology report, which includes: a complete listing of

all information technology projects; the stage of each project’s development and deployment; the fiscal year 2000 and 2001 funding

level of each project; and the outyear cost projections for each

project, including recurring requirements for operations and maintenance of these systems. This report is to be submitted no later

than December 15, 2000.

National Integrated Ballistic Identification Network (NIBIN).—

The recommendation does not include additional funding for this

activity. However, should funding be available in the Working Capital Fund, the Attorney General may use up to $1,346,000 to support this effort.

The Committee expects the FBI to continue its participation in

the Housing Fraud Initiative being conducted by the Department

of Housing and Urban Development at the same level as provided

in fiscal year 2000. The Committee is also aware of the FBI’s efforts through the Jewelry and Gem (JAG) program to establish

multi-agency task forces to address the increased incidents of vio-
26

lent crimes against jewelry vendors, and encourages the FBI to

continue to devote appropriate resources to disrupting these criminal enterprises.

The Committee also recommends bill language, similar to that

included in previous Appropriations Acts, which provides: (1) for

purchase of passenger vehicles without regard to general purchase

price limitations, and the acquisition and operation of aircraft; (2)

up to $70,000 for unforeseen emergencies; (3) up to $50,000,000 for

automated data processing, telecommunications and technical

equipment, and up to $1,000,000 for undercover operations to remain available until September 30, 2002; (4) not less than

$159,223,000 for counterterrorism investigations, foreign counterintelligence, and national security activities; (5) up to $10,000,000

to reimburse State and local police for assistance related to violent

crime, terrorism and drug investigations; and (6) up to $45,000 for

official reception and representation expenses. In addition, bill language is included, as carried in prior fiscal years, which prohibits

funds from being used to provide ballistics equipment to State or

local entities that have received similar equipment from other Federal agencies. New language is also included which specifies the

number of positions and workyears provided to the FBI.

CONSTRUCTION

The Committee recommendation includes $1,287,000 for FBI construction, which is the same amount as the current year appropriation and $1,900,000 below the request. The recommendation provides funding in fiscal year 2001 to continue necessary improvements and maintenance at the FBI Academy, but does not include

any funds for new construction projects.

DRUG ENFORCEMENT ADMINISTRATION

SALARIES AND EXPENSES

The Committee recommends total budget authority of

$1,445,852,000 for the Drug Enforcement Administration (DEA)

Salaries and Expenses account for fiscal year 2001, of which

$83,543,000 is derived from the Diversion Control Fund. The recommendation provides an increase of $106,792,000 over the comparable fiscal year 2000 level, exclusive of funding provided for

narrowband communications conversion costs which has been address elsewhere in this title.

The recommended level provides for a net increase of $44,616,000

for pay and inflationary costs to maintain current operating level.

Of this amount, increases totaling $48,293,000 are provided, offset

by decreases of $3,677,000 for one time and non-recurring items

provided in fiscal year 2000. Base adjustments include the total

amount necessary to annualize 61 new positions provided for in fiscal year 2000. In addition, the Committee recommends $62,200,000

for program enhancements. The following table represents funding

provided under this account:
27

DEA SALARIES AND EXPENSES

[In thousands of dollars]

Activity Pos. FTE Amount

Enforcement:

Domestic Enforcement ................................................................................... 2,212 2,163 $400,661

Foreign Cooperative Investigations ................................................................ 732 699 206,644

Drug and Chemical Diversion ........................................................................ 142 143 16,156

State and Local Task Forces ......................................................................... 1,678 1,675 241,257

Subtotal ..................................................................................................... 4,764 4,680 864,718

Investigative Support:

Intelligence ..................................................................................................... 883 900 111,904

Laboratory Services ........................................................................................ 381 378 44,463

Training .......................................................................................................... 99 98 20,309

RETO ............................................................................................................... 355 353 79,190

ADP ................................................................................................................. 133 130 153,479

Subtotal ..................................................................................................... 1,851 1,859 409,345

Management and Administration ........................................................................... 869 855 88,246

Total, DEA .................................................................................................. 7,484 7,394 1,362,309

DEA is reminded that any deviation from the above distribution

is subject to the reprogramming requirements of section 605 of this

Act.

The Committee recommends the following program increases:

Investigative and Intelligence Requirements.—$60,100,000 for enhancements to address crucial infrastructure needs, as follows:

—$3,100,000, 18 positions and 9 FTE, including 11 special

agents, within Domestic Enforcement for the Special Operations

Division (SOD) to expand support for the Southwest Border Initiative and to address money laundering and financial investigations.

—$56,000,000, 2 positions and 1 FTE within Automated Data

Processing to complete deployment of Phase II of FIREBIRD, of

which $28,000,000 is for deployment, $23,000,000 is for technology,

and $5,000,000 is for increased operations and maintenance costs.

This amount will enable FIREBIRD to be fully deployed to all domestic offices and Western Hemisphere offices. The Committee directs DEA to provide quarterly reports on the status of deployment

and expenditures for the FIREBIRD program, with the first report

due no later than January 31, 2001.

—$1,000,000 within Intelligence for enhancements to the El Paso

Intelligence Center (EPIC), providing a 35 percent increase in the

EPIC information technology budget. EPIC supports multiple Federal law enforcement agencies’ interdiction efforts by providing

timely analysis and dissemination of intelligence on illicit drug and

alien movements. However, the Committee is concerned that all appropriate Federal agencies are not fully participating in and supporting EPIC. Therefore, the Committee directs DEA to provide a

comprehensive report, no later than January 15, 2001, on agency

participation and utilization rates and funding support for EPIC.

Budget and Financial Management.—$2,100,000, including 12

positions and 6 FTE, within Program Management and Administration for enhancements to improve DEA’s financial and resource

management oversight. Of this amount, $1,525,000 is for support
28

of DEA’s Federal Financial System, and $575,000 is for additional

staffing for Finance and Resource Management.

For the past two years, the Committee has expressed its dissatisfaction with DEA’s repeated failure to operate within funding

levels appropriated by Congress and adhere to reprogramming requirements under section 605 of the Appropriations Acts. Although

the Committee received a revised financial plan for DEA for fiscal

year 2000, the Committee understands that DEA is still operating

above its funded FTE level and has made financial management

decisions that have funding ramifications not addressed in the

President’s budget request. DEA, as with all other Department

components, must implement financial management practices that

ensure it operates within appropriated funding levels. In order to

ensure that DEA does not exceed its funded staffing level, the

Committee recommendation includes a provision that identifies the

funded position and FTE levels provided in the bill. These staffing

levels are consistent with full base funding requested and program

increases provided in the Committee recommendation.

The Committee reiterates its position that it expects DEA to vigorously implement all the recommendations put forward in the report submitted by the Attorney General in July, 1999.

Caribbean Initiative.—In fiscal year 2000, DEA was provided en- hancements totaling $9,000,000, including 30 new agents and

equipment, exclusively to address the growing problem of drug trafficking in the Caribbean. The Committee is concerned that implementation of this has been delayed and expects DEA to move expeditiously to allocate these resources. The Committee reminds DEA

of its directive that quarterly status reports be provided on this initiative and expects DEA to submit its first report no later than August 15, 2000. The Committee notes that significant additional resources have been provided to DEA, the FBI, and INS since fiscal

year 1997 to augment activities in Puerto Rico, the Caribbean, and

South Florida, but recognizes that more may need to be done.

Therefore, the Committee requests that the Attorney General, in

consultation with the Secretaries of Treasury and Transportation,

report to the Committee on the status of the implementation of the

enhancements that have been provided in prior fiscal years and

outline any additional requirements necessary to address the flow

of drugs coming through the Caribbean.

The Committee recommendation assumes continued funding at

the fiscal year 2000 level for the demand reduction initiative, and

expects DEA to continue its participation in the High Intensity

Drug Trafficking Areas, particularly those operating in the Midwest to combat the influx of methamphetamines.

The Committee directs that DEA continue to provide quarterly

reports on the investigative workhours and funding, by type, within

major source and transit countries, including the Caribbean, delineated by country and function, with the first such report to be provided to the Committee no later than January 15, 2001.

The Committee recommendation also includes $45,675,000, not

requested in the budget, under the Community Oriented Policing

Services program solely to continue the Committee’s initiative to

address State and local methamphetamine enforcement requirements, including the costs associated with the cleanup of seized

laboratories.
29

Drug Diversion Control Fee Account.—The recommendation includes $83,543,000 for DEA’s Drug Diversion Control Program for

fiscal year 2001, the full amount requested. The recommendation

provides an increase of $3,213,000 for adjustments to base, including the annualization of 25 positions provided in fiscal year 2000

for customer service improvements and drug data analysis. The

recommendation 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 years 1999 and 2000, no

funds are provided in the DEA salaries and expenses appropriation

for this account in fiscal year 2001.

The Drug Diversion Control Program is responsible for control of

diversion, distribution, manufacture and abuse of legitimate pharmaceuticals. DEA annually registers in excess of 900,000 drug handlers, of which over 1,670 are manufacturers, distributors, importers, exporters, and others handling large volumes of controlled substances. These registrants pay fees which fully support the cost of

this program.

The Committee also recommends bill language, similar to that

included in previous Appropriations Acts, which provides: (1) up to

$70,000 for unforeseen emergencies; (2) for expenses for drug education and training programs; (3) purchase of passenger vehicles

without regard to general purchase price limitations, and acquisition and operation of aircraft; (4) up to $1,800,000 for research to

remain available until expended; (5) up to $4,000,000 for evidence

and information, up to $10,000,000 for automated data processing

and telecommunications, and up to $2,000,000 for laboratory equipment, $4,000,000 for technical equipment and $2,000,000 for aircraft replacement parts to remain available until September 30,

2002; and (6) up to $50,000 for official reception and representation

expenses. In addition, new language is included which specifies the

number of positions and workyears provided to DEA.

CONSTRUCTION

The Committee recommendation includes $5,500,000 for DEA

construction, the full amount requested, for a multi-year project to

reconstruct five of DEA’s eight laboratory facilities which are severely deteriorating, have severe space shortages and have environmental conditions that pose health risks. This funding provides the

fourth installment of a five year initiative to reconstruct these facilities.

IMMIGRATION AND NATURALIZATION SERVICE

SALARIES AND EXPENSES

The Committee recommends total new budget authority of

$4,670,689,000 for the Immigration and Naturalization Service for

fiscal year 2001. This is an increase of $410,273,000 over the current fiscal year, and is $178,054,000 below the budget request. Of

the total amount recommended, $1,438,812,000 will be derived

from offsetting fee collections and $110,664,000 is included under

the INS construction program, which is $471,000 below the request

and $11,000,000 above the current year level.

INS Organization and Management.—The Congress has recognized, and has attempted to correct, resource deficiencies in the
30

INS which for years have jeopardized the agency’s ability and effectiveness in controlling illegal immigration and providing timely

service to those seeking admission under the legal immigration system. In fiscal year 1986, the INS budget was $574 million. By fiscal

year 1995, the budget had nearly quadrupled to roughly $2 billion;

it then doubled again to $4 billion in fiscal year 1999. The Committee believes that a lack of adequate resources is no longer an

acceptable response to INS’s inability to adequately address its

mission responsibilities.

Despite the Committee’s admonitions and continuing concerns,

the INS has failed to make any real progress on the problems identified by the Committee in the past, and serious new failures continue to emerge. Most disturbing was the revelation made earlier

this year that the INS released 35,319 criminal aliens back into the

community, aliens who should have been deported, of whom 11,605

(37%) were later arrested for additional crimes, including 3,847 for

drug-related crimes, 98 for homicide, 142 for sexual assault, 44 for

kidnapping, 347 for robbery, and 1,214 for assault. This latest

problem came less than one year after the release of Rafael

Resendez Ramirez, a suspected serial killer, even though he was on

the FBI’s 10 Most Wanted List, had criminal and state prison

records, had previously been deported by INS 3 times, and was in

INS custody on 8 other occasions.

The latest two incidents can be added to the following list of continuing INS problems which have been previously identified by the

Committee: • Border Control.—The border is no more under control now

than it was four years ago, despite the fact that Congress has provided funds to increase the number of Border Patrol agents by

136% over the last four years. While the stream of illegal aliens

may have slowed in the San Diego area, it has moved east to Arizona, New Mexico, and Texas. In addition, a suspected Algerian

terrorist crossed at a U.S. checkpoint in Washington with the components of a bomb in his car.

• Failure to Estimate Detention Requirements.—INS has failed to

plan for and request resources to keep up with their detention

needs, resulting in large, last minute requests for additional resources for detention space, including an $80,000,000 emergency

supplemental in fiscal year 1999, and a $230,000,000 budget

amendment in fiscal year 2000.

• Interior Enforcement.—More than 6 million illegal aliens are

now living in the United States, the same peak level witnessed in

1986, and the rate is growing faster than the rate at which INS

removes them, in spite of the considerable resources that Congress

has invested. The Committee attributes this failure to the inability

of the INS to develop and execute an effective interior enforcement

strategy.

• Backlogs in Naturalization and Other Benefits Applications

Cases.—Congress has provided the INS with over $460 million in

program increases over the last 3 years to bring integrity to the

naturalization process and improve the services provided, but despite additional funds, INS still has backlogs of cases dating from

1996. In addition, excluding naturalization, the number of pending

applications for other immigration benefits increased from 2.1 million in January 1999 to 2.7 million in January 2000. And, due to
31

INS failure to anticipate its production needs for green cards, the

waiting period for green cards to eligible persons is now up to 2

years. • Increased Direct Management Oversight by the Department of

Justice.—The Department of Justice has had to step in more and

more frequently to clean up INS problems, including: Citizenship

USA; INS financial management problems; INS issuance of more

H–1B temporary visas than the law allowed; and INS release of

35,000 criminal aliens into communities, of which almost 12,000

went on to commit additional crimes. • INS Financial Management.—Despite the fact that the INS

budget represents over 20% of the total Department of Justice

budget, INS was the only Department of Justice component to have

serious financial deficiencies, resulting in the inability of the Department of Justice to receive a clean financial audit in 1999. And,

for the second year in a row, INS received the lowest overall grade,

‘‘C¥’’, out of 20 agencies reviewed by the Government Performance

Project, and received a grade of ‘‘D’’ in two of five categories. • Inability of INS to Provide Timely Information to the Committee.—Of the 26 reports requested by the Committee, 13 were not

submitted by the deadline, and INS continues to fail to meet the

deadline for many reports and requests.

The INS is overwhelmed with the task of handling its responsibilities, resulting in a broken immigration system.

Numerous Members of Congress and their constituents have

complained about the lack of attentiveness to their requests for better service and enforcement. As a result of INS mismanagement,

Members have requested either additional resources in the nearest

INS office, the opening of new INS offices to deal with backlogs, or

the upgrade of existing offices. Among the many complaints the

Committee has received, Members have specifically reported serious problems in the following areas: New York, New York; Bronx,

New York; Omaha, Nebraska; Roanoke, Virginia; Washington,

D.C.; Louisville, Kentucky; San Francisco, California; Ventura,

California; Nashville, Tennessee; Milwaukee, WI; and Northern

New Jersey. The Committee believes that additional resources,

adding new offices, or upgrading additional offices will not provide

relief from poor service, lack of enforcement and mismanagement.

Consistent with the concept of the separation of immigration enforcement from service, the Committee has continued to provide for

a separation of INS funds, as it did in fiscal years 1999 and 2000.

Therefore, under salaries and expenses, funds are divided into two

separate accounts as follows: Enforcement and Border Affairs, and

Citizenship and Benefits, Immigration Support and Program Direction. INS enforcement funds are placed under the Enforcement and

Border Affairs account. Immigration-related benefits and naturalization, support and program resources are placed under the

Citizenship and Benefits, Immigration Support and Program Direction account. INS construction projects continue to fall within the

separate INS construction account.

The Committee recommends $2,547,899,000 for Enforcement and

Border Affairs. The account provides for activities related to inspections, border patrol, investigations, detention and deportation, and

intelligence. Of this amount, a net increase of $89,598,000 is provided for adjustments to base, $18,029,000 below the amount re-
32

quested reflecting reductions in the annualization costs of border

patrol agents that have not been hired. The recommendation does

not assume the proposed increase in the journeyman level for border patrol agents and immigration inspectors.

For Citizenship and Benefits, Immigration Support and Program Resources, the Committee recommends $573,314,000, an increase

of $33,924,000 above the request. Of this amount, $15,382,000 is

provided for adjustments to base as requested. In addition, the recommendation assumes an increase of $20,000,000 as requested,

and $44,000,000 in direct appropriations to continue the naturalization and other applications backlog reduction initiative.

Therefore it is assumed that only $80,000,000 of the $124,000,000

requested for the naturalization backlog reduction initiative will be

transferred to the Exams Fees account.

In addition, program increases totaling $205,133,000 are recommended, as follows:

Border Control and Management.—$78,277,000 is provided for

additional border patrol staffing, technology, and land border inspections, as follows: —$52,000,000, 430 positions and 215 FTE are included for new

border patrol agents. With this increase, a total of 4,430 new border patrol agents has been funded since fiscal year 1997, despite

budget requests totaling only 2,630 new agents. The Committee is

deeply disappointed with the INS’ inability to fully hire the 4,000

new border patrol agents which the Congress authorized in Public

Law 104–208 for fiscal years 1997, 1998, 1999, and 2000, and has

funded in the Appropriations Acts for each of those years. The

Committee also remains concerned about INS’ use of the funds previously provided for these new agents. This failure to hire hinders

the ability of INS to control our borders and has resulted in intolerable conditions along the border, particularly in the Southwest. The

Committee notes that, as of April, 2000, the INS must still hire an

additional 1,747 new border patrol agents just to reach the levels

authorized and funded in fiscal year 2000. Therefore, while the

Committee has not provided the additional 570 border patrol

agents authorized for fiscal year 2001, the Committee continues to

believe that additional border patrol agents are fundamental to effective border control and directs the INS to make every effort to

expeditiously staff up to the full level authorized and funded in

prior years. Therefore, the Committee has provided funds to hire

430 additional agents in fiscal year 2001. However, the Committee

expects that INS will be able to fully staff up to the levels funded

in this bill, and in prior years, during fiscal year 2001. Should the

INS be unable to hire at least 500 of the 1,000 agents funded in

fiscal year 2000 by June 30, 2001, the Committee directs that the

remaining funds be used to increase the number of Quick Response

Teams (QRTs) to enhance interior enforcement activities. INS is

further directed to consult with the Committee before this shift in

funds occurs, and to consult with the Committee prior to determining the locations of new QRTs.

While some level of border control is being witnessed on parts of

the Southwest Border, namely in San Diego, as a result of the doubling of border patrol agents and technology in this region, the

problem has shifted to other areas along the Southwest Border. In

addition, the Committee remains concerned about the continued
33

and growing problem along the Northern Border. According to a

February 2000 Inspector General report, the INS has failed to identify and assess what is required to address problems along the

Northern Border. The Committee finds this situation unacceptable.

The Committee expects INS to submit a deployment plan to the

Committee for the new agents provided, and expects such plan to

pay particular attention to the needs along the Northern Border

and areas along the Southwest Border experiencing the influx of illegal aliens due to operations along other parts of the border. The

INS is also directed to provide the Committee with status reports

on border patrol hiring, with the first such report due no later than

January 15, 2001. —$6,277,000, 72 positions and 36 FTE for additional inspectors at land border Ports of Entry (POEs). Of this amount, $2,458,000,

28 positions and 14 FTE are exclusively for expedited removals at

POE’s resulting in 24,000 additional removals in fiscal year 2001;

and $3,819,000, 44 positions and 22 FTE are for staffing the newly

opened POEs along the Southwest Border. The Committee expects

INS to consult with the Committee on the deployment of these additional inspectors. —$20,000,000 is for the deployment of additional Integrated Surveillance Intelligence Systems (ISIS) along the Northern and

Southern Borders. When combined with existing base funding, a

total of $38,000,000 is available for ISIS. The INS is directed to

consult with the Committee and provide a deployment plan for

these systems.

The Committee recommendation continues to provide $22,000,000 from within existing base resources for information resource management for border patrol equipment and technology. Of

this amount, the Committee recommendation assumes a $5,000,000

increase above the current level for procurement of infrared night

vision scopes.

The Committee directs the INS to take all necessary remaining

steps to complete negotiations to relocate Tucson Sector helicopter

operations to a location at or near Douglas, Arizona, which has an

extremely high level of illegal traffic. The Committee further directs the INS to provide a report on the housing costs incurred to

date for border patrol pilots placed in temporary facilities while negotiations on helicopter facilities are on-going.

The Committee is aware of continuing environmental issues due

to direct and indirect impacts of illegal immigration traffic through

Federal lands and parks. INS is directed to work more closely with

the United States Forest Service and the Department of the Interior to develop a plan to coordinate activities to protect natural and

human resources while providing increased border protection along

the Southwest border, including Southeastern Arizona. INS is further directed to submit this joint plan to the Committee no later

than October 1, 2001.

In addition, the Committee directs the INS to convene a joint

task force with the Department of Health and Human Services and

State and local officials, including members of the medical community, in Southwest Border States, to study incidents of emergency

medical services for illegal aliens. This study should review the

current system and structure for Federal reimbursement of these

costs, including the impact of custody on reimbursement. This task
34

force is expected to report to the Committee on the results of its

efforts no later than March 31, 2001.

The Committee continues bill language carried in previous Acts

requiring that the San Clemente and Temecula checkpoints be fully

operational on a continous 24-hour basis. The Committee remains

concerned that the commuter lane project is not proceeding as expeditiously as planned. Therefore, INS is directed to submit a report to the Committee, no later than August 15, 2000, on the status of the commuter lane project.

Interior Enforcement/Removal of Deportable Aliens.— $126,856,000 is provided for interior enforcement, including the

tracking, detention and removal of aliens, as follows: —$87,306,000, 120 positions and 60 FTE is for an additional

1,167 detention beds, including 1,000 beds in State and local facilities, and 120 juvenile detention beds, for a total of 19,702 average

daily beds.

The Committee continues to be frustrated by the unwillingness

of INS to make funding for detention space a priority. INS failure

to request and allocate sufficient resources for detention space led

to the need for an $80,000,000 supplemental appropriation in fiscal

year 1999, and a $230,000,000 budget amendment in fiscal year

2000. Once again, the fiscal year 2001 request failed to request sufficient appropriations for detention, and instead assumed that

$31,950,000 in required detention funds would be provided through

re-instatement of Section 245(i), a proposal repeatedly rejected by

the Congress. The Committee has rejected this gimmick, and instead provides the full amount requested for detention through direct appropriations. According to the INS, this will provide the resources necessary to fully comply with the mandatory detention requirements of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. —$15,550,000 is for additional JPATS movements, resulting in

an additional 16,000 domestic and repatriation movements, for a

total of 85,000 JPATS movements in fiscal year 2001, an 18% increase over the current year.

—$11,000,000, 100 positions and 50 FTE is for 23 additional

Quick Response Teams (QRTs) to work with State and local law enforcement officers to take into custody and remove those aliens determined to be removable.

In fiscal year 1999, as a result of numerous complaints from

Members of Congress, State and local law enforcement officers, and

U.S. citizens over INS failure to respond to calls to take into custody illegal aliens, the Committee funded Quick Response Teams

(QRTs) to work with State and local law enforcement to identify,

apprehend and remove criminal and illegal aliens. Almost 18

months later, the INS has yet to fully stand up the 45 QRTs provided in fiscal year 1999. In fact, as of February 1, 2000, the INS

had yet to select all of the QRT officers previously provided, and

few of the QRTs currently have permanent facilities, thereby limiting their capabilities. In spite of these difficulties, in the 1st quarter of fiscal year 2000, QRTs received 489 requests for assistance,

made 415 administrative arrests, removed 236 aliens back to their

countries (with an additional 179 currently in removal proceedings), and presented 74 aliens for criminal prosecution. Clearly, the Congress’ interior enforcement plan for the INS has dem-
35

onstrated results. Yet, the INS has not complied with the Committee’s directive to identify additional new QRT locations. This is

completely unacceptable. Therefore, the INS is directed to provide

to the Committee, no later than August 15, 2000, an updated quarterly report on the status of each QRT, and to provide quarterly reports in a timely fashion thereafter. Further, the INS is directed

to consult with the Committee to develop a deployment plan for the

additional 23 QRTs provided for fiscal year 2001, and submit this

plan no later than December 1, 2000.

In addition, the Committee has provided an additional

$3,000,000 under the Community Oriented Policing Services

(COPS) program to expand the program to provide video-teleconference equipment and other technology to State and local law enforcement to allow them to contact INS to confirm the status of an

illegal alien who has been apprehended for suspected criminal activity.

—$5,000,000, 46 positions and 23 FTE is for expansion of the ongoing Criminal Alien Apprehension Program (CAAP) to identify

and deport criminal aliens in local and county jails, pursuant to

Public Law 105–141, to other locations in California and other

States. INS is directed to consult with the Committee to develop

a deployment plan for these additional resources and submit this

plan no later than December 1, 2000.

—$8,000,000, 50 positions and 25 FTE is for INS to enter INS

criminal alien records into the National Criminal Information Center (NCIC). The current backlog of inputting INS records into

NCIC is so severe that INS is in danger of losing its NCIC privileges. As of September 1999, less than 4 percent of the total

230,929 cases qualified for entry in the Wanted Persons File had

been entered, and less than 15 percent of the cases qualified for

entry into the Deported Felon File had been entered. As a result,

hundreds of thousands of records on wanted aliens and deported

aggravated felons are not available to INS and other Federal, State

and local law enforcement, resulting in potentially dangerous

criminals being released into the community. While the Committee

has provided the requested resources, it believes more must be

done. The Committee is concerned that INS does not have a comprehensive plan to reduce this backlog in a timely and effective

manner, and therefore directs INS to submit such a plan, no later

than November 15, 2000, which includes timelines and specific targets to eliminate this backlog.

The Committee has provided considerable resources for the detention and deportation of criminal and illegal aliens and has already stated its concern over the INS’s lack of an interior enforcement strategy that follows the Committee’s direction ‘‘to focus on

end-outcome of deportation, recognizing that deportation is the

strongest deterrent to illegal immigration.’’ Not only is the Committee concerned that INS continues to ignore the Committee’s request for a properly designed interior enforcement strategy, but it

is also concerned that INS cannot even remove those criminal and

illegal aliens against whom the INS has spent valuable time and

resources to secure deportation and removal orders. Not only does

this result in a waste of INS resources, but it also wastes resources

of other agencies within the Department.
36

In order to accurately assess the degree to which INS executes

deportation and removal orders, the Committee requests the following report by August 31, 2000: a comparison of the number of

deportation, exclusion, and removal orders sought and obtained by

the INS, broken down by district in which it was actually issued,

by type of order (deportation, exclusion, removal, expedited removal, and others), by agency issuing the order, the number of

cases in each category in which INS has successfully removed the

alien, and the number of cases in each category which INS has not

removed the alien. The Committee expects INS to consult with the

Executive Office for Immigration Review and other agencies in

order to ensure that complete and accurate data are provided in

this report. Additionally, the Committee directs INS to continue to

provide this report on a quarterly basis.

The Committee is frustrated by INS’ failure to provide an assessment of the overall detention needs and support for Operation Vanguard as requested in the fiscal year 2000 conference report, which

was due to the Committee by March 1, 2000, resulting in the Committee’s inability to assess the detention facility requirements in

Grand Island, Nebraska. The INS is directed to submit the required assessment no later than August 15, 2000.

IDENT/IAFIS.—After the eventual capture of the now-convicted

railway serial killer, Rafael Resendez Ramirez, and the subsequent

Inspector General’s report outlining the INS Information Resource

Management (IRM) and training failures, the Committee instructed the Assistant Attorney General for Administration to submit a plan to integrate the INS IDENT system and the FBI IAFIS

system. The Committee continues to be concerned about the possibility of further serious violent criminals being released from INS

custody and believes this integration project should be a high priority. Therefore, the Committee directs that $5,000,000 from within

existing INS base funds available for IDENT be transferred to the

Justice Management Division to continue the planned integration

project, including systems design and development work and additional operational testing. The Committee directs INS to consult

with the Committee prior to the deployment of IDENT to additional locations.

Naturalization/Backlog Reduction.—The Committee has provided significant resources to the INS over the last three years—

over $463 million—to address the naturalization backlog and to improve the integrity of the naturalization process, based upon INS’

representation that it would achieve certain results. Despite the

Committee’s continued concerns, once again the recommendation

provides additional resources to the INS to address both the naturalization backlog and other immigration benefits applications

backlogs, an increase of $86,217,000 over the current year level.

The Committee expects the INS to improve the services as promised, and directs the INS to continue to provide monthly reports to

the Committee on the status of processing of naturalization, adjustment of status, and all other immigration benefits applications.

Within the amounts available, the Committee expects INS to continue the San Jose customer service pilot project.

Citizenship USA.—The Committee has expressed its disappointment with INS handling of over 1.8 million applications for citizenship during fiscal year 1996. This lack of management attention to
37

this most significant responsibility is a clear example of the agency

trying to handle too many priorities at once. The result of this

management failure to correct the naturalization process was not

only the granting of citizenship to ineligible applicants, including

criminals, but a degradation of this benefit for the many applicants

who were deserving of citizenship.

Of the 263,000 individuals who were granted citizenship without

having a full criminal history check, 77,000 had criminal history

records with the FBI, of which nearly 17,250 had at least one felony arrest and 26,200 had one or more misdemeanors; 125,000

cases had unreadable fingerprint cards so fingerprint checks were

not done and 61,000 cases contained no evidence of any FBI fingerprint check at all. In addition, a March 1999 Department of Justice

report states that an additional 71,413 unreviewed cases processed

during the Citizenship USA initiative were discovered. Last year,

the Committee requested a report on these additional cases by

March 1, 2000, which the INS has yet to submit. Therefore, INS

is directed to review these cases and submit the previously requested report no later than July 15, 2000.

OFFSETTING FEE COLLECTIONS

The Committee recommends a total of $1,438,812,000 in offsetting fee collections, an increase of $169,215,000 from the current

year, to support activities related to the legal admission of persons

into the United States. These activities are supported primarily by

fees paid by persons who are either traveling internationally or applying for immigration benefits. The Committee notes that the fiscal year 2001 budget request proposed $270,736,000 in new or expanded fees to support a number of initiatives, including the reinstatement of Section 245(i); an increase in the fee charged certain

airline passengers; removal of the fee exemption for cruise ship

passengers; and the establishment of a voluntary premium processing fee on certain applications. The Committee only adopts the

recommendation for establishment of the voluntary premium processing fee. The following levels are recommended:

Immigration Inspections User Fees.—The Committee recommendation includes $478,879,000 of spending from offsetting collections in this account, an increase of $32,728,000 above fiscal

year 2000, and $50,224,000 below the request, which was predicated on two controversial fee changes. The recommendation includes $18,489,000 for adjustments to base; and $12,186,000, 154

positions and 77 FTE to increase primary inspectors at new airport

terminals. INS is expected to consult with the Committee prior to

the deployment of these new positions. The recommendation does

not assume the proposed upgrade of the journeyman level for inspectors.

Immigration Examinations Fees/Capital Investment Account.—

The Committee recommendation includes $918,717,000 to support

the adjudication of applications for immigration benefits which is

derived from $874,717,000 of spending from offsetting collections

from persons applying for immigration benefits and $44,000,000 in

direct appropriations. This represents an increase of $86,217,000

over fiscal year 2000 spending on these activities and is

$15,900,000 below the fiscal year 2001 budget request. The fiscal

year 2001 budget request totals $934,617,000 to support applica-
38

tion processing which included $899,817,000 from offsetting collections and $34,800,000 from direct appropriations. This funding was

requested under two accounts as follows: $807,317,000 in the Immigration Examinations Fees Account and $127,300,000 under a

new Capital Investment Account. The Committee recommendation

does not include the establishment of the Capital Investment Account, but instead provides funding in the current Examinations

Fees Account and in the Citizenship Benefits Account of the Salaries and Expenses appropriation.

Within the Examinations Fees Account, the recommendation includes additional revenues to derive from the new voluntary premium processing fee for business-related applications, but does not

provide for the reinstatement of Section 245(i). The recommendation assumes approval of the reprogramming request that was provided to the Committee on May 10, 2000, and includes additional

funding as requested for the Green Card Replacement program;

fingerprint processing at the application support centers; data

entry contracts at the Service Centers; district office clerical support; and additional overtime. The Committee understands that approval of this reprogramming will provide the resources necessary

for INS to meet its projected completion rate of 1.3 million naturalization applications and a 6 month processing time in fiscal year

2000. The recommendation also includes $25,676,000 for adjustments to base in fiscal year 2001, the full amount requested, and

$94,841,000 in program enhancements as follows: (1) $16,000,000

for implementing premium business service processing; (2)

$7,500,000 for anti-fraud investigations related to business-related

visa applications and marriage fraud; (3) $13,000,000 for the telephone customer service center, for a total of $43,000,000, the full

amount; (4) $4,200,000 for the indexing and conversion of INS

microfilm images, for a total of $7,200,000; and (5) $53,641,000 for

replacement of case tracking system and hardware in field offices

and to continue the development and installation of digital photography and signature capabilities in the Application Support Centers. In addition, the Committee also recommends that the

$44,000,000 provided in direct appropriations for application processing be used for backlog reduction efforts as requested under the

Capital Investment Account.

Land Border Inspections Fees.—The Committee recommendation

includes $1,641,000 in spending from the Land Border Inspection

Fund, an increase of $93,000 over the current year. The current

revenues generated in this account are from Dedicated Commuter

Lanes in Blaine and Port Roberts, Washington, Detroit Tunnel and

Ambassador Bridge, Michigan, and Otay Mesa, California, and

Automated Permit Ports which provide pre-screened local border

residents border crossing privileges by means of automated inspections.

Immigration Breached Bond/Detention Fund.—The recommendation includes $80,600,000 in spending for detention of illegal aliens

from the Immigration Breached Bond/Detention Fund in fiscal year

2001, a decrease of $29,823,000 below the fiscal year 2000 level,

and $29,534,000 below the request, which assumed the reinstatement of Section 245(i). The Committee does not recommend reinstatement of 245(i) and instead has provided $37,500,000 within
39

the Salaries and Expenses, Enforcement and Border Affairs account to fund these additional requirements.

Resources available in this Fund are derived from the recovery of breached cash and surety bonds in excess of $8,000,000 which

are deposited in the Fund as offsetting collections. In addition, resources are also available in this account from a portion of fees

charged under section 245(i) of the Immigration and Nationality

Act, which expired on January 14, 1998. Carryover balances from

245(i) fees collected in prior years remain in this account for expenditure in fiscal year 2001.

Other.—The Committee continues to be concerned that, to this

date, not one INS manager has been held accountable for the failures of Citizenship USA. The Committee has again included a provision in the bill that authorizes and directs the Attorney General

to impose disciplinary actions, including the termination of employment, under the same policies and procedures applicable to employees of the Federal Bureau of Investigation, for any INS employee

who violates Department policies and procedures relative to granting citizenship or who willfully deceives the Congress or Department Leadership on any matter.

The Committee has again included provisions that limit the level

of staffing for the INS Offices of Congressional and Public Affairs.

The Committee has had considerable problems in obtaining necessary information and requested reports from the INS to assess its

needs. This limitation is not to affect the level of staffing dedicated

to case work. In addition, the recommendation continues the limitation on the number of non-career employees at not to exceed four

employees. The Committee notes that other major components of

the Department of Justice all perform their law enforcement mission with one non-career employee.

The Committee also recommends bill language, similar to that

included in previous appropriations acts, which provides: (1) up to

$50,000 to meet unforeseen emergencies of a confidential nature;

(2) for the purchase of motor vehicles for police-type use and for

uniforms, without regard to general purchase price limitations; (3)

for the acquisition and operation of aircraft; (4) for research related

to enforcement of and up to $400,000 to be available until expended; (5) up to $10,000,000 for basic officer training; (6) up to

$5,000,000 for payments to State and local law enforcement agencies engaged in cooperative activities related to immigration; (7) up

to $5,000,000 to fund or reimburse other Federal agencies for costs

associated with the repatriation of smuggled aliens; (8) up to

$30,000 may be paid to individual employees for overtime; (9) up

to $5,000 to be used for official reception and representation expenses; (10) that funds in this Act or any other Act may not be

used for the continued operation of the San Clemente and

Temecula checkpoints unless the checkpoints are open and traffic

is being checked on a continuous 24-your basis; (11) a limit on the

level of funding for the Office of Legislative and Public Affairs; (12)

a limit on the amount of funding available for non-career positions;

(13) direction and authorization for the Attorney General to impose

disciplinary actions, including termination of employment, for any

INS employee who violates Department policies and procedures relative to granting citizenship or who willfully deceives the Congress

or Department leadership on any matter; and (14) separate head-
40

ings for Enforcement and Border Affairs and Citizenship and Benefits, Immigration Support, and Program Direction. In addition, new

bill language is included under both headings which specifies the

number of positions and FTE available to the INS.

CONSTRUCTION

The Committee recommends $110,664,000 for Construction

projects for the Immigration and Naturalization Service for fiscal

year 2001. The recommendation is $11,000,000 above the current

year appropriation and $471,000 below the request.

Border Control Projects.—Of the amount recommended,

$50,302,000 is for planning and construction of the following border

patrol facilities to meet space requirements for the additional

agents on the Southwest Border:

Construction:

—Tucson, AZ, CA, Border Patrol Station, $500,000

—Rio Grande City, TX, Border Patrol Station, $3,837,000

—Hebbronville, TX, Border Patrol Station, $1,955,000

—El Centro, CA, Border Patrol Station, $4,000,000

—Yuma, AZ, Border Sector Headquarters, $4,000,000

—Douglas, AZ, Border Patrol Station, $8,000,000

—Temecula, CA, Border Patrol Station, $5,373,000

—Campo, CA, Border Patrol Station, $5,000,000

—Yuma, AZ, Border Patrol Station, $5,133,000

—Sanderson, TX, Border Patrol Station, $3,880,000

—San Diego, CA, Border Barriers, $3,300,000

—Laredo, Del Rio, TX, Checkpoints, $800,000

Planning, Site Acquisition, and Design:

—El Cajon, CA, Border Patrol Station, $307,000

—McAllen, TX, Border Patrol Station, $813,000

—Port Isabel, TX, Border Patrol Station, $500,000

—El Paso, TX, Border Patrol Station, $865,000

—Eagle Pass, TX, Border Patrol Station, $834,000

—McAllen, TX, Border Sector Headquarters, $685,000

—Tuscon, AZ, Border Sector Headquarters, $520,000

Detention and Deportation Projects.—Of the amount recommended, $24,833,000 is for planning and construction of additional bed space, to address expansion requirements at existing facilities, as follows:

Construction:

—San Pedro, CA, Service Processing Center, $800,000

—Port Isabel, TX, Service Processing Center (400 new beds),

$10,400,000

—Krome, FL, Service Processing Center, $9,500,000

Planning, Site Acquisition, and Design:

—Port Isabel, TX, Service Processing Center, $1,500,000

—Krome, FL, Service Processing Center, $1,184,000

—El Centro, CA, Service Processing Center, $300,000

—El Paso, TX, Service Processing Center, $1,149,000

Real Property Repairs and Alterations Program.—Of the amount

provided, $1,529,000, 16 positions and 8 FTE, is provided to improve INS’ ability to manage facilities maintenance and repair

projects.
41

FEDERAL PRISON SYSTEM

SALARIES AND EXPENSES

The Committee recommends a fiscal year 2001 appropriation of $3,475,769,000 for the salaries and expenses of the Federal Prison

System for fiscal year 2001. When combined with $70,000,000 of

projected carry over from fiscal year 2000, this will provide an operating level of $3,545,769,000, which is the level requested.

The Committee recommendation recognizes the critical importance of providing adequate space for the incarceration of sentenced and unsentenced Federal prisoners, and the need to activate

newly constructed prison facilities. The recommendation provides

for requested adjustments to base including the annualization costs

of new prisons activated and additional contract services provided

in the fiscal year 2000 appropriation.

Activation of New Prisons.—The Committee includes funding for

the activation of new facilities in: Pollock, Louisiana; Atwater, California; Coleman, Florida; and Honolulu, Hawaii. Also provided is

funding to activate expansions of low security facilities in: Fort Dix,

New Jersey; Elkton, Ohio; Jesup, Georgia; Yazoo City, Mississippi;

Seagoville, Texas; and Lompoc, California. The recommendation also includes $84,462,000 to house an additional 6,000 criminal aliens and an additional 520 non-alien criminals in contract facilities.

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; (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 activation of prisons 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 multi-year periods for

the confinement of Federal prisoners.

BUILDINGS AND FACILITIES

The Committee recommends $835,660,000 for fiscal year 2001 for

the construction, modernization, maintenance and repair of prison

and detention facilities housing Federal prisoners, which is the

amount requested. This amount is $278,869,000 above the amount

provided in fiscal year 2000. The recommendation does not include

$1,326,000,000 requested as advance appropriations for fiscal years

2002–2003.

The recommendation provides the full request for adjustments to

base, $224,722,000 for construction of two facilities to assume the

non-removable criminal aliens population from the Immigration

and Naturalization Service, and $416,397,000 for the construction

of four additional medium security prisons. The Committee also

provides $40,152,000 for site and planning for new facilities requested in the budget, including: a high security facility in the

Western Region; a high security facility in the Southeastern Region; a medium security facility in the Southeastern Region; a me-
42

dium security facility in the Mid-Atlantic Region; and a medium security facility in the Midwestern Region. The Bureau is expected

to consult with the Committee with respect to the siting and planning of these facilities.

The Committee also recommends bill language, similar to that

included in previous Appropriations Acts, which allows: (1) for

planning, acquisition of sites, and construction of facilities; (2) for

leasing a facility in Oklahoma City; (3) for acquisition, remodeling,

and equipping facilities by contract or force account; (4) up to

$14,000,000 to construct inmate work areas; (5) for use of prisoner

labor; and (6) up to 10 percent of this appropriation to be transferred to the salaries and expenses account.

FEDERAL PRISON INDUSTRIES, INCORPORATED

(LIMITATION ON ADMINISTRATIVE EXPENSES)

The Committee recommends a limitation on administrative expenses of $3,429,000 for Federal Prison Industries, Incorporated for

fiscal year 2001, which is the same level as current limitation and

equal to the request.

OFFICE OF JUSTICE PROGRAMS

The Committee recommends a total of $4,080,382,000 in new

budget authority for fiscal year 2001 for the various law enforcement assistance programs, juvenile delinquency prevention programs, and research and statistics programs of the Office of Justice

Programs (OJP). Pursuant to section 301 of P.L. 106–311,

$70,344,000 was rescinded from Department of Justice accounts in

fiscal year 2000. The Administration chose to apply $70,088,000 of

the rescission to OJP programs. The fiscal year 2001 recommendation restores the funds rescinded from OJP and represents a decrease of $4,317,000 below the pre-rescission fiscal year 2000 appropriation and an increase of $342,898,000 above the budget request. Included in these amounts are funds for programs providing

assistance to State and local entities, such as the Local Law Enforcement Block Grant program, the State Prison Grant program,

the State Criminal Alien Assistance Program, the Violence Against

Women Grant program, the Byrne Grant program, the Weed and

Seed program, Juvenile Justice and Delinquency Prevention programs, and Victims of Child Abuse programs.

JUSTICE ASSISTANCE

The Committee recommends $307,611,000 in direct appropriations for Justice Assistance for fiscal year 2001, which is equal to

the amount provided in fiscal year 2000 and $63,649,000 below the

budget request.

The funding provided for this account provides assistance to

States and localities in the form of research, evaluation, statistics,

information sharing, emergency assistance, missing children assistance and the management and administration of all grants provided through the Office of Justice Programs.

An explanation of the recommendation for each program funded

under this account follows:
43

National Institute of Justice.—The Committee recommendation

provides $41,448,000 for the National Institute of Justice (NIJ) for

fiscal year 2001, which is $7,952,000 below the request and

$2,000,000 below the current year. In addition, as in fiscal year

2000, $20,000,000 will be provided to NIJ 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; and $5,200,000 will be provided for research and evaluation under the Violence Against Women Grants program.

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, investigative causes and patterns of crime, and informs the public of research and development

findings. Within the total funding level provided to NIJ for fiscal

year 2001, the Committee has provided resources for the following

initiatives:

1. Defense Technology Network.—The Committee is supportive of

efforts by the Justice Department, in conjunction with the Department of Defense, to convert non-lethal defense technology to law

enforcement use. Within the amount recommended, $10,277,000,

the amount in the current fiscal year, is provided to continue the

law enforcement technology center network, which provides States

with information on new equipment and technologies, as well as assisting law enforcement agencies in locating high cost/low use

equipment for use on a temporary or emergency basis, of which the

current year level is provided for the technology commercialization

initiative at the National Technology Transfer Center.

The Committee notes the contributions made by the National

Law Enforcement and Corrections Technology Center (NLECTC)

system in providing technical assistance and in assisting local units

of law enforcement to identify, select, develop, modernize, and purchase new technologies.

2. DNA Technology Research and Development Program.—Within

the amount provided to NIJ, $5,000,000, the amount in the current

fiscal year, is to develop a highly accurate, reliable, economic, quick

and acceptable DNA testing approach. The objectives of the program are to reduce the cost of DNA testing, reduce testing time,

develop inexpensive, discardable DNA test systems suitable for use

in the field, and increase the reliability and legal credibility of

DNA testing.

The budget request proposed moving this program and the

NLECTC system under the Community Oriented Policing Services

account. The Committee believes that these programs have been

successfully managed by NIJ and do not approve the proposed

transfer.

3. Facial Recognition.—Within the amount provided, the Committee expects NIJ to continue, at least at the current year level,

the Facial Recognition project to locate and identify missing and

exploited children, eradicate child pornography on the Internet,

and conduct subject identification from video images in support of

law enforcement agencies.

The Committee is aware of a number of research and technology

initiatives that will enhance law enforcement capabilities. Within

the overall amounts recommended for NIJ, the Committee expects

the Office of Justice Programs to examine each of the following pro-
44

posals, to provide grants if warranted, and to submit a report to

the Committee on its intentions for each proposal:

—the current year level for information technology applications for High Intensity Drug Trafficking Areas;

—the current year level for research into non-toxic drug detection and identification aerosol technology;

—a grant for the Snohomish County Medical Examiner’s Office to assist in the development of a new death investigation

module for the FBI’s ViCAP system;

—the current year level for a program with a Department of

Criminal Justice Training and a College of Criminal Justice to

evaluate and assist in providing for technology needs for rural

State and local law enforcement officers, as part of the

NLECTC system.

Bureau of Justice Statistics.—The Committee recommendation

provides $25,505,000 for the Bureau of Justice Statistics (BJS) for

fiscal year 2001, which is equal to the amount provided in the current year appropriation and $7,695,000 below the request. 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 $19,952,000 for the Missing Children program for fiscal year 2001,

which is the same as the amount provided in the current year appropriation and $48,000 below the request. This program provides

funds to combat crimes against children, particularly kidnapping

and sexual exploitation. Within the amounts provided, the Committee recommendation includes $9,654,000 for the National Center for Missing and Exploited Children and $1,500,000 for operations at the Jimmy Ryce Law Enforcement Training Center, the

same amounts as in the current year appropriation.

Regional Information Sharing System.—The Committee recommendation provides $20,000,000 for fiscal year 2001 for the Regional Information Sharing System (RISS), which is the same as

the amount provided in the current year appropriation under this

account, and the full amount requested. An additional $5,000,000

is provided for this program under the Community Oriented Policing Services (COPS) law enforcement technology program, as was

provided in the current year appropriation. The RISS program provides funds to maintain six regionally-based information sharing

centers throughout the United States which are connected electronically to form a nationwide network to allow for the automated

exchange of information between law enforcement entities addressing major, multi-jurisdictional crimes.

White Collar Crime Information Center.—The Committee recommends a total of $9,250,000 for the National White Collar Crime

Center (NWCCC) for fiscal year 2001, which is equal to the current

year appropriation and $8,750,000 below the amount requested.

This program provides assistance to State and local law enforcement and regulatory agencies in addressing multi-jurisdictional

white collar crimes.

Domestic Preparedness Assistance.—The Committee recommendation provides a total of $152,000,000 to continue its initiative to prepare, equip and train State and local entities to respond

to incidents of chemical, biological, radiological and other incidents
45

of domestic terrorism. Of this amount, the Committee recommends

the following:

Equipment Grants.—$93,500,000 is provided for general equipment grants for State and local first responders, including, but not

limited to, firefighters and emergency services personnel. This

amount represents an increase of $15,500,000 above the current

year and the request for this program, and is to be used only to

provide equipment grants to State and local first responders. The

Committee reiterates that these resources are to be used to meet

the needs of the maximum number of communities possible, based

upon a comprehensive needs assessment which takes into account

the relative risk to a community, as well as the availability of other

Federal, State and local resources to address this problem. The

Committee understands that these needs and risk assessments are

currently being conducted by each State, and State-wide plans are

being developed, and intends that such plans will address the

needs of the local communities. The Committee continues its direction included in the fiscal year 2000 conference report regarding

distribution of general equipment grants only in accordance with

State-wide plans.

The Committee does not include funding for the Department of

Justice to assume funding responsibility for the Nunn-LugarDomenici program, which was authorized and funded through the

Department of Defense. The OJP is directed not to divert funding

provided to support Department of Justice counterterrorism programs to DOD activities, and instead expects DOD to continue to

provide funding to complete this program.

State and Local Bomb Technician Equipment.—$10,000,000 is

provided for equipment grants for State and local bomb technicians, the full amount requested and the same level provided in fiscal year 2000. The Committee notes that it has not yet received the

assessment requested in the fiscal year 2000 conference report, and

directs the National Domestic Preparedness Office (NDPO) to submit this assessment no later than August 15, 2000.

Training.—$41,500,000 is provided for training programs for

State and local first responders, an increase of $4,500,000 above

the current year level, to be distributed as follows:

$29,500,000 is for the National Domestic Preparedness Consortium, of which $13,500,000 is for the Center for Domestic

Preparedness at Ft. McClellan, Alabama, and $16,000,000 is to

be equally divided among the four other Consortium members;

and

$12,000,000 is for additional training programs to address

emerging training needs not provided for by the Consortium or

elsewhere, including $3,000,000 for its on-going distance learning training program. In addition, the Committee expects OJP

to continue the on-going equipment sustainment training program at no less than the current level. In distributing these

funds, the Committee expects OJP to consider the needs of

firefighters and emergency services personnel, and State and

local law enforcement.

Counterterrorism Research and Development.—$5,000,000 is provided for the National Institute of Justice for a competitive

counterterrorism research and development program. The Committee intends for this funding to be used to support the develop-
46

ment of counterterrorism technologies, assist in the development of

standards for those technologies, and work with State and local jurisdictions to identify particular areas of need for research to address vulnerabilities related to terrorism acts.

The Committee supports the Training and Technical Assistance

Branch’s efforts in this area to better coordinate and deliver a comprehensive, coordinated strategy for training and technical assistance, and therefore, recommends $2,000,000 and 11 positions for

implementation of the branch’s operational plan for Statewide Domestic Preparedness Strategies.

Management and Administration.—The Committee recommendation provides $39,456,000 for the management and administration

(M&A) of the Office of Justice Programs, which does not include

funds for the administration of Juvenile Justice programs, which

are provided within funds under the Juvenile Justice heading. In

addition, reimbursable funding will be provided from the Community Oriented Policing Services and the State and Local Law Enforcement Assistance Programs for the administration of grants

under these activities.

The Committee is pleased with the Office of Justice Programs reorganization plan, which will establish the Office of State and

Local Information Transfer, the Office of Grant Management/State

Desks and several new program offices to better address program

policy, direction, and administration. The Committee directs the

Office of Justice Programs to report to the Committee on the implementation of the reorganization plan by December 31, 2000. The

Committee encourages the Office of Justice Programs to continue

to evaluate its organizational structure and look for ways to

streamline and simplify the administration of law enforcement

grants to State and local governments.

STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

The Committee recommends a total of $2,823,950,000 for fiscal

year 2001 for State and Local Law Enforcement Assistance programs. In previous years, a portion of funding for this account was

derived from the Violent Crime Reduction Trust Fund (VCRTF).

Authorization for the VCRTF ends on September 20, 2000. Therefore, all the funding for this account is derived from direct appropriations. Pursuant to section 301 of P.L. 106–311, $70,344,000 was

rescinded from Department of Justice accounts in fiscal year 2000.

The Administration chose to apply $70,088,000 of the rescission to

programs funded within this account. The fiscal year 2001 recommendation restores the rescission and is $5,000,000 less than

the pre-rescission level provided in fiscal year 2000. This is

$1,161,750,000 above the amount requested. These funds will provide assistance to State and local governments in their drug control

and crime fighting efforts as follows:

STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

[In thousands of dollars]

2000 conference report 2000 rescission 2001 request 2001 recommendation

Byrne Grants:

Discretionary Grants ..................................................... $52,000 ...................... $59,500 $52,000

Formula Grants ............................................................. 500,000 ...................... 400,000 500,000
47

STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE—Continued

[In thousands of dollars]

2000 conference report 2000 rescission 2001 request 2001 recommendation

Total, Byrne Grants .................................................. 552,000 ...................... 459,500 552,000

Local Law Enforcement Block Grant ..................................... 523,000 (25,116) 0 523,000

(Boys and Girls Club Earmark) ......................................... (50,000) ...................... 0 (50,000)

Juvenile Crime Block Grant ................................................... 250,000 (12,005) 0 250,000

Indian Country Grant Program (new) .................................... 0 ...................... 21,000 0

Indian Tribal Courts Initiative ............................................... 5,000 ...................... 15,000 0

Drug Courts ............................................................................ 40,000 ...................... 50,000 40,000

State Prison Grants ............................................................... 686,500 (32,967) 75,000 686,500

State Criminal Alien Asst. Program ...................................... 420,000 ...................... 600,000 420,000

State Prison Drug Treatment ................................................. 63,000 ...................... 65,000 63,000

Drug Intervention Program (New) .......................................... 0 ...................... 75,000 0

Violence Against Women Grants ............................................ 283,750 ...................... 296,000 283,750

Other Crime Control Programs:

Missing Alzheimer’s Patients ........................................ 900 ...................... 900 900

Law Enforcement Family Support ................................. 1,500 ...................... 1,500 1,500

Motor Vehicle Theft Prevention ..................................... 1,300 ...................... 1,300 1,300

Senior Citizens Vs Marketing Scams ............................ 2,000 ...................... 2,000 2,000

Total, State and Local Assistance ........................... 2,828,950 (70,088) 1,662,200 2,823,950

Local Law Enforcement Block Grant.—The Committee recommendation includes $523,000,000 for the Local Law Enforcement

Block Grant program, which is $523,000,000 above the request and

restores the $25,116,000 fiscal year 2000 rescission the Administration applied to this program. The Administration proposed to eliminate funding for this block grant in the fiscal year 2001 request.

This program provides grants to localities to reduce crime and improve public safety. Of the amount included, $20,000,000 will be

provided to NIJ for assisting local units of government to identify,

select, develop, modernize, and purchase new technologies for use

by law enforcement. The recommendation also includes language

that allows $50,000,000 of these funds to be used for Boys and

Girls Clubs.

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 with their own solutions. Localities

use these resources for activities such as: law enforcement hiring,

overtime, equipment and technology; enhanced security measures

in and around schools; drug courts; adjudication of violent offenders, including violent juvenile offenders; crime prevention programs; and multi-jurisdictional task forces.

State Prison Grants.—The Committee recommendation includes

$686,500,000 for the State Prison Grants program, which is

$611,500,000 above the request and restores the $32,967,000 fiscal

year 2000 rescission the Administration applied to this program. Of

the funds provided, $165,000,000 is available to States for the incarceration of criminal aliens and $35,000,000 is for the Cooperative Agreement Program. This program provides grants to States

to build and expand temporary or permanent correctional facilities,

boot camps, and jails to increase the capacity for confinement of

violent criminals.

State Criminal Alien Assistance Program.—The recommendation

provides $420,000,000 for the State Criminal Alien Assistance Pro-
48

gram (SCAAP) for the reimbursement to States for the costs of incarceration of criminal aliens. This amount is in addition to

$165,000,000 which is included for this purpose under the State

Prison Grants program. Thus, the Committee recommends a total

of $585,000,000 for reimbursement to States for alien incarceration,

which is $15,000,000 below the amount requested and the same

level as the current year appropriation.

Edward Byrne Grants to States.—The Committee recommendation provides $552,000,000 for the Edward Byrne Memorial State

and Local Law Enforcement Assistance Program, of which

$52,000,000 is for discretionary grants and $500,000,000 is for formula grants under this program. The recommended level is

$92,500,000 above the level requested, and the same amount provided in the current year.

Discretionary Grants.—The Committee recommendation provides $52,000,000 for discretionary grants under Chapter A of the Edward Byrne Memorial State and Local Assistance Program to be

provided by the Bureau of Justice Assistance (BJA) to public or private agencies and nonprofit organizations, for educational and

training programs, technical assistance, improvement of State

criminal justice systems, and demonstration projects of a multi-jurisdictional nature. Within the amount provided for discretionary

grants, the Committee expects BJA to continue funding at the current level for the following programs:

—the Drug Abuse Resistance Education (DARE AMERICA)

program;

—the National Motor Vehicle Title Information System, authorized by the Anti-Car Theft Improvement Act, to modify

state computer software, assist joint state research and development and establish network infrastructure;

—the Washington Metropolitan Area Drug Enforcement

Task Force for expansion of the regional gang tracking system;

—the SEARCH Group, Inc. to continue the National Technical Assistance Program, which provides support to State and

local criminal justice agencies to improve their use of computers and information technology;

—the Rural Crime Prevention and Prosecution program;

—the Night Light program which assigns probation officers

to patrol with law enforcement officers during peak crime

hours;

—the National Crime Prevention Council to continue the National Citizens Crime Prevention Campaign (McGruff); and

—the National Forensic Science Technology Center to establish proficiency tests and to perform a needs analysis of all

crime laboratories utilized by Federal law enforcement to address quality, standardization, and accreditation needs.

In addition, within the amounts appropriated for discretionary

grants, the Committee also expects BJA to examine each of the following proposals, to provide grants if warranted, and to submit a

report to the Committee on its intentions for each proposal: Kane

County Child Advocacy Center; Haymarket Center; the Illegal Firearms Reduction Program; the DuPage County Children’s Sexual

Abuse Center to aid in the investigation and prosecution of sexual

abuse; Operation NITRO in Newark, New Jersey; the Rural Law

Enforcement Technology and Training Center; Kentucky Children’s
49

Advocacy Centers; a community court pilot project in Los Angeles;

Policing Initiative for the Homeless in Clearwater, Florida; National Children’s Advocacy Center in Huntsville, Alabama to aid

the investigation and prosecution of child abuse; the National

Training and Information Center; The Doe Fund’s Ready, Willing

& Able program; and Crimestoppers in Lexington, Kentucky.

Formula Grants.—The Committee recommendation provides $500,000,000 for formula grants to States under the Edward Byrne

Memorial State and Local Law Enforcement Assistance Program to

improve the functioning of the criminal justice system with an emphasis on drugs, violent crime and serious offenders. This represents the same level of funding as in the current year and an increase of $100,000,000 above the requested level.

Juvenile Accountability Incentive Block Grant.—The Committee

recognizes the importance of supporting efforts that will continue

to reduce juvenile crime. The recommendation includes

$250,000,000 for the Juvenile Accountability Incentive Block Grant

program, which restores the $12,005,000 fiscal year 2000 rescission

the Administration applied to this program and is $250,000,000

above the request. The Administration proposed to eliminate funding for this block grant in the fiscal year 2001 budget request. Language is included to provide for the distribution of block grant

funding under the terms and conditions provided in the fiscal year

2000 conference report. Funds are available for the following purposes:

(1) building, expanding or operating juvenile detention and

corrections facilities;

(2) developing and administering accountability-based sanctions for juvenile offenders;

(3) hiring additional juvenile judges, probation officers, and

court-appointed defenders, and funding pre-trial services for juveniles, to ensure the smooth and expeditious administration

of the juvenile justice system;

(4) hiring additional prosecutors so that more cases involving

violent juvenile offenders can be prosecuted and backlogs can

be reduced;

(5) providing funding to enable prosecutors to address drug,

gang, and youth violence more effectively;

(6) providing funding for technology, equipment and training

to assist prosecutors in identifying and expediting the prosecution of violent juvenile offenders;

(7) providing funding to enable juvenile courts and probation

offices to be more effective and efficient in holding juvenile offenders accountable;

(8) establishing court-based juvenile justice programs that

target young firearms offenders through the establishment of

juvenile gun courts for the adjudication and prosecution of juvenile firearms offenders;

(9) establishing drug court programs for juvenile offenders;

(10) establishing and maintaining interagency informationsharing programs that enable the juvenile and criminal justice

system, schools, and social services agencies to identify, control, supervise and treat serious juvenile offenders; and

(11) establishing and maintaining accountability-based programs that work with juvenile offenders who are referred by
50

law enforcement agencies, or which are designed, in cooperation with law enforcement officials, to protect students and

school personnel from drug, gang, and youth violence.

It is the view of the Committee that restorative justice programs

are included within the purposes set forth in paragraph (2) and

should be strongly encouraged.

Indian Tribal Court Initiative.—The recommendation does not

include funding for the requested Indian Tribal Court Initiative,

which is an initiative that is not defined or authorized.

Violence Against Women Act.—The Committee recommends

$283,750,000 to support grants under the Violence Against Women

Act, which is the same level as the current year and $12,250,000

below the request. Grants provided under this recommendation are

for the following programs:

VIOLENCE AGAINST WOMEN ACT PROGRAMS

[In thousands of dollars]

2000 2001 request 2001 recommendation

Violence Against Women Act Grant Programs:

General Grants ......................................................................................... $206,750 $220,000 $207,750

(Civil Legal Assistance) .................................................................. (28,000) (35,250) (35,250)

Victims of Child Abuse:

CASA (Special Advocates) ............................................................... 10,000 9,000 9,000

Training for Judicial Personnel ....................................................... 2,000 2,000 2,000

Grants for Televised Testimony ...................................................... 1,000 1,000 1,000

Grants to Encourage Arrest ..................................................................... 34,000 34,000 34,000

Rural Domestic Violence .......................................................................... 25,000 25,000 25,000

Training Programs ................................................................................... 5,000 5,000 5,000

Total, VAWA Program ........................................................................... 283,750 296,000 283,750

Funding included for Violence Against Women Act programs will

continue to provide resources to expand units of law enforcement

officers and prosecutors specifically targeted at crimes against

women, to develop and implement effective arrest and prosecution

policies to prevent, identify and respond to violent crimes against

women, and to provide much needed victims services including specialized domestic violence court advocates to obtain protection orders.

The recommendation provides $207,750,000 for law enforcement

and prosecution grants, commonly referred to as the STOP (Services-Training-Officers-Prosecutors) Violence Against Women Formula Grant Program, which is $1,000,000 above the current level

and $12,250,000 below the request. Within this amount, the Committee recommendation includes $35,250,000 for the purpose of

augmenting civil legal assistance programs to address domestic violence, the same level as requested and an increase of $7,250,000

over the current year; $5,200,000 for research and evaluation of domestic violence programs, as requested; and $10,000,000 for the

Safe Start program, which provides direct intervention and treatment to youth who are victims, witnesses or perpetrators of violent

crimes, as requested. The recommendation does not include funding for enhancing the domestic prosecution unit within the District

of Columbia and the violence on college campuses project, which

were funded in fiscal year 2000 but not included in the budget re-
51

quest. The recommendation also does not fund the new earmarks

in the budget request for research and data collection.

The recommendation includes funding as requested for the following Violence Against Women Act programs at the requested

level: Grants to Encourage Arrest Policies; the Rural Domestic Violence program; Victims of Child Abuse programs; and training programs.

Drug Courts.—The recommendation includes $40,000,000 for the

Drug Courts grant program, the same as in the current fiscal year

and $10,000,000 below the budget request. This program provides

grants to State, local, and Indian tribal governments to develop

dedicated drug courts that subject non-violent offenders to an integrated mix of treatment, drug testing, incentives, and sanctions.

The recommendation does not include requested language earmarking funds for research.

Substance Abuse Treatment for State Prisoners.—The Committee

recommends $63,000,000 for grants to States and units of local government for development and implementation of residential substance abuse treatment programs within State correctional facilities and certain local correctional and detention facilities. This is

the amount of the current year appropriation, and $2,000,000

below the request. The recommendation does not include requested

language expanding the use of these grants to provide after-care

for released State prisoners.

Zero Tolerance and Drug Intervention Initiative/Indian Country

Grant Program.—The Committee does not recommend funding for

these initiatives, for which $75,000,000 and $21,000,000 were requested, respectively. The Committee has not provided funding for

any new unauthorized programs. The Committee also notes that

funding for drug treatment and job training for offenders released

from prison is provided from the Department of Health and Human

Services and the Department of Labor.

Safe Return Program.—The Committee recommendation includes

$900,000 to continue the national program to locate missing Alzheimer’s disease patients, the same level as in fiscal year 2000 and

the request.

Law Enforcement Family Support programs.—The recommendation includes $1,500,000 for programs that provide support services

to law enforcement officers and their families, the level in the current year appropriation and the amount requested.

Motor Vehicle Theft Prevention.—The recommendation provides

$1,300,000 for grants to combat motor vehicle theft through cooperative partnerships between car owners and State and local law enforcement to reduce car theft committed by professional auto

thieves and to facilitate their recovery. This amount is the same as

the level provided in the current fiscal year and the amount requested for this program.

Senior Citizens Against Marketing Scams.—The recommendation

includes $2,000,000, the same level as provided in the current fiscal year and the full amount requested, for programs to assist law

enforcement in preventing and stopping marketing scams against

the elderly.

The Committee is aware that responding to false residential and

commercial alarms has proven to be a drain on local law enforce-
52

ment resources. Funding to address this problem is available within the Local Law Enforcement Block Grant Program.

Treatment of Guam under State and Local Law Enforcement Assistance.—Currently, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands are considered ‘‘one state’’

in the grant formula of the Local Law Enforcement Block Grant

(LLEBG) and the Juvenile Accountability Incentive Block Grant

(JAIBG) programs. The District of Columbia, the Commonwealth of

Puerto Rico, and the U.S. Virgin Islands all receive the full State

share. Guam however, is the next most populous territory behind

the District of Columbia and Puerto Rico. Improving law enforcement capabilities in Guam is a major concern to the island’s residents and ensuring that Guam is treated as a single state under

the LLEBG and JAIBG programs will restore fairness to the formula and provide law enforcement officials in Guam with muchneeded resources.

WEED AND SEED PROGRAM FUND

The Committee recommendation provides $33,500,000 for the

Weed and Seed program. This amount is the same as the current

year appropriation and $8,500,000 below the request.

The Committee recognizes that crime disproportionately affects

disadvantaged neighborhoods. The Committee also recognizes that

the best solutions to crime problems are customized to neighborhood needs. The Weed and Seed program serves as a crime prevention catalyst, coordinating existing anti-crime efforts in high-crime

neighborhoods and leveraging other resources for activities such as

truancy prevention, conflict resolution, mentoring, gun abatement,

justice innovations, jobs for at-risk youth, and anti-gang initiatives.

The Committee also recommends bill language, 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

The Committee recommendation includes $595,000,000 for the

Community Oriented Policing Services—the COPS program—for

fiscal year 2001. This is the same level as the current year and

$740,000,000 below the request. In addition, the Committee’s recommendation allows $150,000,000 of unobligated balances to be

used for innovative community policing programs bringing the total

funding provided for the COPS program to $745,000,000.

The COPS program budget request reported $318,372,000 available in carry over from fiscal year 1999 to fiscal year 2000. Since

the fiscal year 2000 appropriation declined from the previous year’s

level, it is assumed that the level of carry over available in fiscal

year 2001 will also decline. However, the Committee understands

that, as of May 16, 2000, only $127,242,000 of the $497,500,000

provided in fiscal year 2000 for hiring had been obligated and that

there are funds available in excess of the applications that had

been submitted in the first half of this fiscal year. The Committee

also understands that, as of May 16, 2000, the COPS program had
53

recovered $77,265,000 in prior year deobligations, primarily from

the hiring program, and anticipated that recoveries could reach

$100,000,000. In fiscal year 1999, the COPS program recovered

$141,946,000. The Committee is alarmed at the level of funds that

the COPS program recovers each year and does not understand

how amounts in excess of $100 million can be deobligated in a program that pays personnel compensation. The Committee is concerned that it is not regularly informed about the levels of funds

that are recovered during the fiscal year, the Administration’s

plans to utilize these funds and the impact on the pending budget

request. The Committee intends that the use of prior year recoveries by the COPS program to augment a current year program be

subject to the reprogramming requirements outlined in section 605

of this Act. The Committee prohibits the COPS program from obligating any funds available from prior year recoveries not reported

in the budget submission without the approval of a reprogramming. Given the obligation activity through mid-May and the level

of prior year recoveries, it is estimated conservatively that

$150,000,000 in unobligated balances will carry over into fiscal

year 2001.

Police Hiring Initiatives.—The Committee has provided funding

since fiscal year 1994 to support grants for the hiring of over

100,000 police officers. On May 12, 1999, the COPS office announced that it had reached its goal of hiring 100,000 police officers. However, while more than 100,000 police officers have been

funded, only 60,000 are on the street according to testimony before

the Committee. The Committee questions whether this number is

still accurate given the high level of deobligations being reported

by the COPS program. Even though the Administration has not yet

reached its goal of getting 100,000 police officers on the street, it

has updated this initiative to support grants for funding up to

150,000 police officers by the year 2005.

The COPS hiring program request for fiscal year 2001 assumes

changes to the hiring program that have not been authorized nor

has authorizing legislation been submitted by the Administration

for consideration. The budget request assumes these unauthorized

changes such as: adjusting the amount available for training and

technical assistance to 5 percent from the current level of 3 percent; increasing the maximum level of funds granted per police officer to $125,000 from $75,000; and providing retention grants to

provide a fourth year of funding for certain grantees. Funding and

authorization language for these new relaxed requirements are not

provided.

The Committee recommendation includes $384,500,000 for the

hiring program in fiscal year 2001. This funding level will allow the

hiring program to continue towards its goal of reaching 150,000 police officers by year 2005. Of the amount provided, up to

$180,000,000 is for the continuation of the school resource officers

hiring program to improve the safety of elementary and secondary

school children and educators in and around schools.

Non-Hiring Initiatives.—The Committee wants to ensure that

there is adequate infrastructure for police officers, similar to the

focus that has been provided for Federal law enforcement over the

past several years. This will allow police officers to: work more efficiently; be equipped with the protection, tools and technology they
54

need including bullet proof vests; and have the flexibility to design

specific strategies to target specific crime problems, such as crime

in and around schools, the emergence of methamphetamine, and

the challenges of policing ‘‘hot spots’’ of drug market activity. The

Committee therefore provides $210,500,000 in direct appropriations

and $150,000,000 of available funds from fiscal year 2000 to continue the following COPS non-hiring programs:

1. COPS Bullet-proof vests initiative.—The Committee directs

$25,000,000 of available unobligated balances to be used to provide

State and local law enforcement agencies with matching grants for

bullet proof vests. This is the same level of funds provided in fiscal

year 2000 and amount requested.

2. COPS School Violence Initiatives.—The Committee directs

$5,000,000 of appropriated funds and $10,000,000 in unobligated

balances for a total of $15,000,000 to provide grants to policing

agencies and schools for programs aimed at preventing violence in

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 affecting or occurring in or around an elementary or secondary

school, to develop or expand crime prevention efforts for students,

to provide education in crime prevention and safety, to develop or

expand community justice initiatives, to train students in conflict

resolution, to assist in identifying physical improvements in the

schools to reduce crime, and to assist with the development of anticrime, school policy and procedural changes. These programs are

necessary to address what appears to be a growing trend of extreme violence within schools by and against students. Within the

overall amounts recommended for this program, the Committee expects the COPS office to examine the following proposals, to provide grants if warranted, and to submit a report to the Committee

on its intentions for grants to: the Home Run Program to place probation officers in school districts to assist elementary schools with

children beginning to engage in delinquent behavior; and the Safer

School Initiative in Maricopa County.

3. COPs Law Enforcement Technology Program.—The Committee

recommendation directs $100,000,000 of unobligated balances 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, the

Committee recognizes the importance of sharing criminal information and intelligence among State and local law enforcement agencies to address multi-jurisdictional crimes.

Within the amounts made available under this program, the

Committee expects the COPS office to award grants to continue the

following technology programs at the current year level:

—the Regional Information Sharing System (RISS) for the

RISS Secure Intranet to increase the ability of law enforcement

member agencies to share and retrieve criminal intelligence information on a real-time basis;

—videoteleconferencing equipment necessary to assist State

and local law enforcement in contacting the Immigration and

Naturalization Service to allow them to confirm the identification of illegal and criminal aliens in their custody;

—the Law Enforcement On-Line Program; and
55

—the Ventura County Integrated Justice Information System.

In addition, the Committee is aware of communications and technology needs of various law enforcement agencies. Within the overall amounts recommended for the COPS technology program, the

Committee expects the COPS office to examine each of the following proposals, to provide grants if warranted, and to submit a

report to the Committee on its intentions for each proposal:

—a grant for the Southwest Alabama Department of Justice’s initiative to integrate data from various criminal justice

agencies to meet SW Alabama’s public safety needs;

—a grant for the WEBCHECK system to allow background

checks to be completed over the internet;

—a grant for the Missouri State Highway Patrol’s integration technology program;

—a grant for a California Highway Patrol communications

system;

—a grant for SmartCOP in the state of Alabama;

—a grant for Project Hoosier SAFE–T;

—a grant for a Criminal Justice Agency Access to Court

Records project; and

—grants for technology to police and sheriff’s departments in

communities that are in need of modernizing their equipment

and for which alternative sources of funding are not available,

including: the communities of East Baton Rouge Parish, Ascension Parish and Livingston Parish, Louisiana; Riverside, California; Orange County, California; Shively, Kentucky; Citrus

Heights, California; Bellevue, Washington; Suffolk County,

New York; Delaware County, Indiana; Riviera Beach, Florida;

Jackson, Mississippi; Clearwater, Florida, Arcadia and Sierra

Madre, California; Bell Gardens, California; Chattanooga, Tennessee; Huntsville, Alabama; Long County, Georgia; Pinellas

County, Florida; Jefferson County, Kentucky; Lexington, Kentucky; Clackamas County, Oregon; Daviess County, Kentucky;

Falls Church, Virginia; Yuma, Arizona; Mexico Beach, Florida;

and Spokane County, Washington.

4. COPs Methamphetamine/Drug Hot Spots Program.—The

Committee provides $45,675,000 in appropriations for State and

local law enforcement programs to combat methamphetamine production and distribution, to target drug ‘‘hot spots’’ 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. This is

$10,000,000 above the level provided in fiscal year 2000 and is

$45,675,000 above the request, which proposed deletion of the program. The Committee is aware that the production, trafficking, and

usage of methamphetamine, an extremely destructive and addictive

synthetic drug, is a growing national problem. Despite some successes in the seizure of clandestine drug laboratories, limited State

and local law enforcement resources coupled with the complexity of

clandestine laboratory enforcement investigation and cleanup processes have made the fight against illicit methamphetamine manufacturing a difficult one.

The Committee also recognizes that most research on crime programs concludes that the effective programs seem to share a key
56

characteristic—they target specific types of crimes, convicts, or potential lawbreakers. The Committee believes that grants to policing

agencies and community-based entities to fund directed patrols,

proactive arrests and problem solving in drug ‘‘hot spots’’ will show

evidence of drug and crime reduction.

Within the amount provided, the Committee has included $20,000,000 to be reimbursed to 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 Committee also expects the COPS office to

award grants up to the current year funding level for the following

programs:

—the Tri-State Methamphetamine Training Program (IA/SD/

NE);

—the Western Kentucky Methamphetamine Initiative; and

—the Eastern Appalachian Taskforce on Methamphetamine Eradication in Tennessee, including $100,000 to establish video

conferencing with the Hamilton County District Attorney’s Office.

In addition, within the overall amounts recommended, the Committee expects the COPS office to examine each of the following

proposals, to provide grants if warranted, and to submit a report

to the Committee on its intentions for each proposal:

—a grant to the California Bureau of Narcotics Enforcement’s Methamphetamine Strategy to support additional law

enforcement officers, intelligence gathering and forensic capabilities, training and community outreach programs;

—a grant to the Polk County, FL, Sheriff’s office to support

additional law enforcement officers, intelligence gathering and

forensic capabilities, training and community outreach programs for an expanded methamphetamine program;

—a grant for Central Kentucky methamphetamine eradication efforts to assist local police and sheriffs departments

with costs associated with disposal of methamphetamine laboratories and officer training;

—a grant for the Oklahoma State Bureau of Investigation for

eradication and clean up costs of methamphetamine laboratories;

—a grant for the Ascension Parish, LA, Sheriff’s Office to

support officer training and outreach programs; and

—a grant for the Washington State Methamphetamine Initiative to improve intelligence capabilities in discovering labs,

and public and professional awareness of the warning signs of

methamphetamine use and production.

5. COPs Crime Identification Technology Program.—The Committee provides $130,000,000 of appropriated funds to be used and

distributed pursuant to the Crime Identification Technology Act of

1998, P.L. 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) capturing information for
57

statistical and research purposes; (5) multijurisdictional, multiagency communications systems; and (6) improvement of capabilities of forensic sciences, including DNA.

Under this program, States are expected to submit plans to the

Office of Justice Programs (OJP) describing how they intend to establish or upgrade integrated state-wide approaches to develop information and identification technologies and systems (as described

above) to be used, in conjunction with units of local government,

State and local courts, and other States. OJP is expected to evaluate the State plans, provide technical assistance where necessary,

and provide grants to States that submit acceptable plans. Grants

are to be distributed on an equitable geographic basis.

The Committee is concerned about the backlog of DNA and forensic analysis and notes that these funds can be used to address this

problem.

Police Corps.—The Committee provides $15,000,000 of unobligated balances from the prior year for the Police Corps, instead of

the requested $30,000,000. The program is intended to motivate

highly qualified young people to serve as police officers and sheriff’s

deputies by offering federal scholarships to college students who

agree to serve as police for at least four years. The Committee is

pleased that the program is obligating a higher rate of its funding

now that it is administered by OJP. However, the Committee is

concerned by the number of unfilled positions and encourages OJP

to work to ensure that all participant slots are filled.

Management and Administration.—The Committee recommendation provides $29,825,000 in appropriations for the management

and administration of the Community Oriented Policing Services

program. This is the same level as provided in the current year and

$6,175,000 below the request.

The request included the following initiatives, which were not

funded: (1) $200,000,000 for community prosecutors. The Committee notes that funding for prosecutors is an eligible use of the

Local Law Enforcement Block grant; the Juvenile Accountability

Incentive Block Grant; and the Byrne discretionary program. (2)

$350,000,000 for crime-fighting technologies program; as the Committee notes that funding for law enforcement technologies are

available under the COPS law enforcement technology program,

the COPS crime identification technology program, the Local Law

Enforcement Block Grant program, the bullet-proof vest grant program, and the Byrne discretionary grant program. (3) $135,000,000

for new unauthorized community crime prevention programs, as

funding for crime prevention is an eligible use of the Local Law Enforcement Block Grant program, the Juvenile Accountability Incentive Block Grant program, the Byrne discretionary program, the

COPS methamphetamine/drug hot spots program, and the COPS

safe schools program. The Committee also notes that funding for

drug treatment and job training for offenders released from prison

is provided from the Department of Health and Human Services

and the Department of Labor.

JUVENILE JUSTICE PROGRAMS

The Committee recommendation provides a total of $287,097,000

for Juvenile Justice Programs for fiscal year 2000, $1,903,000
58

below the request and the same amount provided in the current fiscal year.

Juvenile Justice and Delinquency Prevention.—The Committee

recognizes the dramatic increase in juvenile delinquency, particularly violent crime committed by juveniles. The Committee also understands that addressing juvenile violence requires a combination

of strategies that involve (1) focusing law enforcement on dangerous, violent youths and making sure the punishment fits the

crime; (2) community intervention to help solve the underlying

problems of first-time offenders; (3) quality prevention programs

that are designed to reduce risks and develop competencies in atrisk juveniles; and (4) programs that hold juveniles accountable for

their actions, including systems of graduated sanctions, victim restitution and community service.

The Committee further understands that changes to Juvenile

Justice and Delinquency Prevention Programs are being considered

in the reauthorization process of the Juvenile Justice and Delinquency Act of 1974. The Committee understands there is bi-partisan support for Title XIII of H.R. 1501, the Juvenile Crime Control and Delinquency Prevention Act of 1999, which passed the

House of Representatives on June 17, 1999. Consequently, the

Committee recommendation includes language that provides that

funding for these programs is based on the juvenile prevention authorizations included in Title XIII of H.R. 1501, as a model, and

is subject to the provisions of any authorization language that may

be enacted.

Using Title XIII of H.R. 1501 as a model, the recommendation

provides funding for the following programs: 1. $6,847,000 for the Office of Juvenile Crime Control and

Delinquency Prevention (OJCCDP), of which $200,000 is for coordination of Federal efforts, and $6,647,000 is for program administration (Part A).

2. $89,000,000 for Formula Grants for assistance to State

and local programs (Part B).

3. $130,000,000 for a Juvenile Delinquency Prevention Block

Grant Program (Part C).

4. $15,043,000 for Research, Evaluation, Technical Assistance and Training (Part D).

5. $26,707,000 for Developing, Testing, and Demonstrating

Promising New Initiatives and Programs (Part E).

Within the amounts provided for Parts D and E discretionary

grants, the Committee expects the OJCCDP to continue current

year funding for the following programs: Parents Anonymous; the

National Council of Juvenile and Family Courts; the L.A. Best

Youth program; the Teens, Crime and Community program; the

Law Related Education program; and the University of Louisville

School Safety research project.

In addition, the Committee is aware of a number of encouraging

programs to develop partnerships with local communities and help

prevent the cycle of abuse and delinquency. Within the overall

amounts recommended for Parts D and E, the Committee expects

the OJCCDP to examine each of the following proposals, to provide

grants if warranted, and to submit a report to the Committee on

its intentions for each proposal: a grant for the Achievable Dream

program for after school programs for youth at-risk; a grant for the
59

Family, Career, and Community Leaders of America (FCCLA),

STOP the Violence—Students Taking On Prevention Project; a

grant to the Suffolk University Center for Juvenile Justice; a grant

to the Culver City Juvenile Crime Diversion Initiative; a grant to

the Sports Foundation to work with at-risk youth; a grant for No

Workshops . . . No Jump Shots to provide case management, counseling and mandatory workshops for at-risk youth; a grant for the

Greater Heights program to provide at risk youth with mentoring,

positive activities, networking and alternatives to incarceration; a

grant to Our Next Generation; a grant to the Youth Crime Watch

of America; a grant to the Truancy Diversion Program; and a grant

for Operation Quality Time to provide alternatives to gang membership to at-risk youth.

Drug Prevention Program.—The Committee recognizes that while

crime is on the decline in certain parts of America, a dangerous

precursor to crime, namely teenage drug use, is on the rise and

may soon reach a 20-year high. Nearly a quarter of grade school

children have been offered drugs, and too many children no longer

believe drugs are harmful or dangerous. Teenage use of marijuana,

a ‘‘gateway’’ to more serious drugs, has more than doubled since

1992.

The Committee recommendation includes $11,000,000 for the

fourth year of this program to develop, demonstrate and test programs to increase the perception among children and youth that

drug use is risky, harmful, or unattractive. This is the same level

as the current year and the request. This initiative is intended as

part of a coordinated, government-wide strategy against teenage

drug abuse that is consistent with existing research findings on effective prevention and treatment methods.

Victims of Child Abuse Act.—The Committee recommends a total

of $8,500,000 for the various programs authorized under the Victims of Child Abuse Act (VOCA). The recommendation is

$1,500,000 above the request and above the current level. The following programs are included in the recommendation to improve

investigations and prosecutions:

—$1,250,000 to Regional Children’s Advocacy Centers, as authorized by section 213 of VOCA;

—$5,000,000 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

—$750,000 for a continuation grant to the National Children’s Alliance for technical assistance and training, as authorized by section 214a of VOCA.

PUBLIC SAFETY OFFICERS BENEFITS

The Committee recommendation provides a total of $33,224,000

for death benefits to public safety officers for fiscal year 2001, the

full amount requested for death benefits and an increase of

$683,000 above the current year appropriation. This program provides a lump sum death benefit payment to eligible survivors of

Federal, State and local public safety officers whose death was the
60

direct and proximate result of a traumatic injury sustained in the

line of duty.

The recommendation does not include funds for an unauthorized

expansion of the Public Safety Officers’ Education Assistance Program.

GENERAL PROVISIONS—DEPARTMENT OF JUSTICE

The Committee has included the following general provisions for

the Department of Justice in this bill:

Section 101 provides language, included in previous Appropriations Acts, which makes up to $45,000 of the funds appropriated to the Department of Justice available for reception

and representation expenses.

Section 102 provides language, included in previous appropriations Acts, which continues certain authorities for the Justice Department in fiscal year 2001 that were contained in the

Department of Justice Authorization Act, fiscal year 1980.

Section 103 provides language, included in the Appropriations Acts for the last four years and prior to 1994, which prohibits the use of funds to perform abortions in the Federal

Prison System.

Section 104 provides language, included in previous Appropriations Acts, which prohibits use of the funds in this bill to

require any person to perform, or facilitate the performance of,

an abortion.

Section 105 provides language, included in previous Appropriations Acts, which states that nothing in the previous section removes the obligation of the Director of the Bureau of

Prisons to provide escort services to female inmates who seek

to obtain abortions outside a Federal facility.

Section 106 provides language, included in previous Appropriations Acts, which allows the Department of Justice to

spend up to $10,000,000 for rewards for information regarding

criminal acts and acts of terrorism against a United States

person or property at levels not to exceed $2,000,000 per

award.

Section 107 provides language, included in previous Appropriations Acts, which allows the Department of Justice, subject

to the Committee’s reprogramming procedures, to transfer up

to 5 percent between any appropriation, but limits to 10 percent the amount that can be transferred into any one appropriation.

Section 108 provides modified language, similar to a provision included in the fiscal year 2000 Appropriations Act, which

delineates the authority of the Assistant Attorney General for

the Office of Justice Programs.

Section 109 provides modified language, which continues a

provision included in the fiscal year 2000 Appropriations Act,

which allows assistance and services to be provided to the families of the victims of Pan Am Flight 103.

Section 110 provides language which modifies Section 109 of

the fiscal year 1995 Department of Justice Appropriations Act

to allow reimbursements only for suits in which the United

States Government is a defendant.
61

Section 111 provides language, included in the fiscal year

2000 Appropriations Act, which relates to the payment of certain compensation from funds appropriated in this Act.

Section 112 provides language, modified from the request,

which establishes fees for genealogy services and voluntary

premium processing for Immigration and Naturalization Service activities.

Section 113 provides language, which requires notification

regarding appropriations provided from the Health Care Fraud

and Abuse Control Account.

TITLE II—DEPARTMENT OF COMMERCE AND RELATED

AGENCIES

The Committee recommends a total of $4,353,430,000 for the programs of the United States Trade Representative, the International

Trade Commission and the Department of Commerce for fiscal year

2001. This amount is $7,785,509,000 below the total request, including requested advance appropriations, and $1,170,514,000

below the total request, not including requested advance appropriations. Compared to the current fiscal year, this amount is

$109,058,000 above the total provided for non-emergency discretionary appropriations.

The Committee has continued a structure initiated in fiscal year

1996 under this Title that reflects the fundamental functions that

will need to be considered as the overall administrative structure

of these programs is examined. This reflects the Committee’s effort

to identify and prioritize programs within these agencies and Departments.

TRADE AND INFRASTRUCTURE DEVELOPMENT

The Committee has included under this section of Title II, the

Office of the U.S. 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 UNITED STATES TRADE REPRESENTATIVE

SALARIES AND EXPENSES

The Committee recommends an appropriation of $26,433,000 for

the Office of the United States Trade Representative (USTR) for

fiscal year 2001. The recommendation would provide $798,000

above the amount appropriated for fiscal year 2000, and $3,167,000

below the request.

The increase the Committee has provided will fund the Office at

a level comparable to the current year. The recommendation does

not include funding for new and expanded initiatives, but funding

is sufficient for USTR to maintain its current level of operations.

The recommendation does not include funding for requested staffing increases and additional travel.

The Committee understands that the allocation of Tariff Rate

Quotas for sugar is statutorily mandated by October 1 of each year.
62

The Committee is disappointed that the allocation was not announced until November 2, 1999. The Committee expects USTR to

do what is required to meet the deadline this year. The Committee

is also concerned by USTR’s testimony before the Committee which

acknowledged that protection of domestic sugar makes negotiations

of greater foreign market access for other U.S. commodities and

products more difficult. The Committee expects USTR to report on

the effects of domestic sugar protection upon international trade

negotiations, by August 15, 2000.

The Office of the United States Trade Representative is responsible for developing and coordinating U.S. international trade, commodity, and direct investment policy, and for leading or directing

negotiations with other countries on such matters.

INTERNATIONAL TRADE COMMISSION

SALARIES AND EXPENSES

The Committee recommends an appropriation of $46,995,000 for

the International Trade Commission for fiscal year 2001,

$2,105,000 below the budget request and $2,500,000 above the

amount appropriated for fiscal year 2000. Due to the availability of

prior year carryover in fiscal year 2000, the amount provided in

this Act maintains the same spending level for the Commission in

fiscal year 2001.

In the formulation of the Commission’s fiscal year 2000 budget

request, a technical error was made requiring a realignment of

base funding to alleviate the need for reduction of personnel. The

Committee understands that this error has been rectified and the

fiscal year 2001 recommendation is sufficient to maintain current

operations.

The Committee is concerned that the Commission is expending

resources to analyze theoretical constructs of the conditions of competition, rather than focusing on the market realities faced by domestic industries injured by foreign unfair trade practices in accordance with the statutorily mandated factors to be analyzed in

Sec. 771(7) of the Tariff Act of 1930 (as amended) such as import

volume and process, and their impact on domestic shipments, capacity utilization, employment, prices, profitability, investment, etc.

It has been brought to the attention of the Committee that there

is concern regarding the duplication of activities conducted in the

Office of Economics and the Office of Industries in collection of

price and market data. As a result of this concern, the Committee

requests the Commission provide, by December 1, 2000, a list of positions within the Office of Economics, and the specific functions

performed by these positions.

Furthermore, the Committee is concerned that the Commission

is conducting studies of questionable relevance to its core mission.

The Committee believes that the Commission could better allocate

its resources by focusing on practical studies that will enhance its

ability to effectively carry out its duties in accordance with the law.

The International Trade Commission is an independent, quasi-judicial agency responsible for conducting trade-related investigations; providing the Congress and the President with independent,

expert technical advice to assist in the development and implementation of U.S. international trade policy; responding to the Con-
63

gress and the President on various matters affecting international

trade; maintaining the Harmonized Commodity Description and

Coding System of internationally accepted product nomenclature;

providing technical assistance to eligible small businesses seeking

remedies and benefits under the trade laws; and performing other

specific statutory responsibilities ranging from research and analysis to quasi-judicial functions on trade-related matters.

DEPARTMENT OF COMMERCE

INTERNATIONAL TRADE ADMINISTRATION

OPERATIONS AND ADMINISTRATION

The Committee recommends $321,448,000 in total resources for

the programs of the International Trade Administration (ITA) for

fiscal year 2001, $9,945,000 above the current year appropriation

and $33,699,000 below the amount requested. Of this amount,

$318,448,000 is derived from direct appropriations, and $3,000,000

from new fee collections, which is the same amount of fees instituted in fiscal year 2000.

The Committee recommendation includes adjustments to base for

the U.S. and Foreign Commercial Service (US&FCS) to provide

adequate resources to fund increased security costs for overseas

posts. The Committee does not recommend resources to expand

overseas, but provides resources to maintain the current level of

operations. The recommendation provides funding to restore most

of the base for the operating units of ITA, and does not provide

funding for program increases or other increases not associated

with continuing ongoing operations.

The following table reflects the distribution of the Committee recommendation by subactivity:

[In thousands of dollars]

Enacted Requested Recommended

Trade Development ..................................................................................... $62,376 $62,395 $62,376

Market Access and Compliance ................................................................. 19,755 26,655 19,755

Import Administration ................................................................................. 32,473 44,070 32,473

US & Foreign Commercial Service .............................................................. 186,693 205,703 194,638

Executive Dir & Admin. ............................................................................... 12,206 16,324 12,206

Carryover ..................................................................................................... (2,000) . . . . . .

Offsetting Fee Collections ........................................................................... (3,000) (3,000) (3,000)

Total, ITA ............................................................................................ 308,503 352,147 318,448

Trade Development.—The recommendation provides a total of

$62,376,000 for this component, a decrease of $19,000 below the request. The Committee has provided the same amount of funding for

this component as in fiscal year 2000. Funding is provided to continue two export promotion programs related to textiles and apparel, the international competitiveness program, and the Access

Mexico program as provided in prior years. The recommendation

does not include funding for any of the requested program increases.

Market Access Compliance.—The Committee recommends

$19,755,000 for Market Access Compliance. This funding level provides the same level of funding as this year, including the same

level of funding for strike force teams and trade enforcement and
64

compliance. The recommendation does not provide for requested

program increases.

Import Administration.—The Committee recommends

$32,473,000 for the Import Administration, the same amount as

provided in the current year. The recommendation does not include

any requested program increases. The Committee is concerned

about recent activities of the Foreign Trade Zones Board involving

a foreign trade sub-zone application for a corporation in Sarasota,

Florida. The Committee emphasizes that the primary mission of

the FTZB is to promote domestic employment by creating a level

playing field for domestic manufacturers faced with duty imbalances, not to choose between domestic competitors who are concerned about market share. These duty imbalances put U.S. manufacturing jobs at risk and America cannot afford for the FTZB to

stray from its mission of basing its decisions on the effect of importing duty-free finished products when the raw materials are assessed a duty.

U.S. and Foreign Commercial Service.—The Committee recommends $194,638,000 for the US&FCS, an increase of $7,945,000

above the amount available in fiscal year 2000. This represents full

base funding, including increased costs for payments under the

International Cooperative Support Service (ICASS) and for increased costs for local guard security services overseas. No requested program increases are provided. Within base funding, the

Committee has provided $1,000,000 to continue the Rural Export

Initiative at its current funding level. US&FCS should continue

and expand its Global Diversity Initiative to support minorityowned businesses in underserved areas, including inner-city urban

areas, empowerment zones and enterprise communities, and Indian

reservations. This initiative should continue to include support for

companies that are export-ready and hoping to enter into and/or

expand international operations. The Committee does not support

any increase in overseas staffing levels.

Executive Direction/Administration.—The Committee recommends $12,206,000 for the administrative and policy functions of

ITA. This represents the same amount of funding provided in the

current year.

In addition, language is included in the bill, as was carried in fiscal years 1999 and 2000, designating the amounts available for

each unit within ITA. The Committee reminds ITA that any

changes from the funding distribution provided in the bill and report, including carryover balances, are subject to the standard reprogramming procedures set forth in section 605 of this Act. In addition, ITA is directed to report to the Committee, not later than

November 15, 2000, a spending plan for all ITA units which incorporates any carryover of funds.

Trade Missions.—The Committee continues its direction provided

last year that all trade missions involving Department of Commerce agencies must be initiated, coordinated and administered

through ITA.

Buying Power Maintenance.—The Committee directs ITA to report on the impact of exchange rate fluctuations on ITA’s budget

on a quarterly basis, beginning with the last quarter of fiscal year

2000. That report should indicate what has been done with ex-
65

change rate gains, which the Committee presumes are being reserved to balance future exchange rate losses.

Trade Show Revenues.—The Committee directs ITA to submit a

report by the date of the fiscal year 2002 budget submission on the

amount of trade show revenues that are collected on an annual

basis, how those revenues are used, and how they are reflected in

the budget.

EXPORT ADMINISTRATION

OPERATIONS AND ADMINISTRATION

The Committee recommends an appropriation of $53,833,000 for

the Operations and Administration appropriation of the Bureau of

Export Administration (BXA), an amount comparable to the current year level and $17,721,000 below the request. This amount,

when combined with an additional $1,004,000 in carryover and recoveries estimated to be available in fiscal year 2001, will provide

a total funding level of $54,837,000. Of the total amount available,

the recommendation provides the following:

Export Administration.—$24,078,000 is provided for export administration activities. The recommendation includes $200,000

above the amount provided for this activity in the current fiscal

year. The amount provided includes $750,000 to continue Chemical

Weapons Convention implementation, to fund the number of inspections that will be undertaken in fiscal year 2001.

Export Enforcement.—$24,808,000 is provided for export enforcement activities, which includes $1,274,000 above the amount provided in the current year to pay for continuing operations, including computer export verification to assure no end-use diversion of

high performance computers overseas, including China.

Critical Infrastructure Assurance Office (CIAO).—The CIAO was

created by Presidential Decision Directive 63 (PDD–63) as an interim agency to facilitate coordination and integration among Federal agencies as those agencies develop and implement their own

critical infrastructure protection and awareness plans, and is

scheduled to sunset at the end of fiscal year 2001. The CIAO has

carried over $1,360,000 into fiscal year 2000. Therefore, the Committee recommendation includes $1,900,000 to provide final year

funding to support the current, on-board number of personnel, and

this level should be sufficient for the CIAO to complete its work.

Management and Policy Coordination.—$4,051,000 is provided

for Management and Policy Coordination, the amount requested to

maintain base activities. The recommendation does not include requested program increases. The Committee notes that the primary

responsibility for non-proliferation activities lies with the Department of Defense, the Department of Energy and the Department

of State, and believes that BXA participation in such activities

should be carried out using funds provided from those agencies.

In addition, language is retained in the bill requiring BXA to notify appropriate congressional committees prior to the expenditure

of funds provided in this Act for the processing of licenses for the

export of satellites of United States origin to the People’s Republic

of China.
66

ECONOMIC DEVELOPMENT ADMINISTRATION

The accompanying bill provides a total of $388,378,000 for the

programs and administrative expenses of the Economic Development Administration (EDA) for fiscal year 2001, as described

below:

ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

A total of $361,879,000 is recommended for fiscal year 2001 for

Economic Development Assistance Programs, the same as the

amount provided in the current year, and a decrease of $45,871,000

below the request.

The recommendation reflects the Committee’s continued support

for the traditional programs of the Economic Development Administration (EDA) which provide needed assistance to communities

struggling with long-term economic downturns as well as sudden

and severe economic downturns. The Committee continues not to

recommend increasing funding for sudden and severe dislocation or

for technical assistance and planning at the expense of reducing

funding for communities struggling with long-term dislocation, as

was requested in the budget. Further, the recommendation does

not include set-aside funding for specific sectors or populations, as

was requested in the budget. Instead, the Committee has retained

the funding structure enacted in previous years to support all communities facing economic hardship.

The Committee notes that EDA was reauthorized in 1999 (Public

Law 105–393) through fiscal year 2003. That authorization locks

into place the work that this Committee, the Transportation and

Infrastructure Committee and EDA have done to reform EDA programs to ensure that funds provided under this account are targeted to the most severely distressed areas, which, absent the assistance provided by the EDA, would have little to no access to resources for critical infrastructure development and capacity building. This puts the program on firm ground to carry out its purpose

to provide the ‘‘seed capital’’ to distressed areas to allow local communities to increase their ability to create new economic opportunities and jobs in accordance with local priorities. Of the amounts provided, $251,700,000 is for Public Works and Economic Development, $34,629,000 is for Economic Adjustment

Assistance, $31,450,000 is for Defense Conversion, $24,000,000 is

for planning, $9,100,000 is for technical assistance, including university centers, $10,500,000 is for trade adjustment assistance, and

$500,000 is for research. The Committee expects EDA to continue

its efforts to assist communities impacted by economic dislocations

related to coal industry downswings and timber industry

downturns due to environmental concerns at no less than the current level of effort.

The Committee continues its directive for EDA to discontinue the

use of single purpose grant loans.

SALARIES AND EXPENSES

The Committee recommends $26,499,000 for the salaries and expenses of the Economic Development Administration. The amount

provided is $2,689,000 below the request and comparable to the

level provided in fiscal year 2000. Last year, the Committee di-
67

rected the Administration to pursue aggressively all opportunities

for reimbursement, deobligations, and use of non-appropriated resources to be able to maintain the current operating level. Despite

this instruction, the Administration continued to hire additional

personnel in fiscal year 2000. Again, the Committee expects EDA

to remain in close contact with the Committee on efforts to identify

sufficient resources to maintain the current level of operation.

The Committee has retained language in the bill which provides

the authority to use this appropriation to monitor projects approved under Title I of the Public Works Employment Act of 1976,

Title II of the Trade Act of 1974, and the Community Emergency

Drought Relief Act of 1977.

MINORITY BUSINESS DEVELOPMENT AGENCY

MINORITY BUSINESS DEVELOPMENT

The Committee recommends $27,314,000 for the Minority Business Development Agency (MBDA) for fiscal year 2001. This

amount is $842,000 below the budget request and is equal to the

amount provided in fiscal year 2000.

The recommendation funds MBDA at the same level as in the

current fiscal year. The Committee recommendation assumes that

the Entrepreneurial Technology Apprenticeship Program (ETAP)

will continue to be supported at its current levels.

ECONOMIC AND INFORMATION INFRASTRUCTURE

The Committee has included 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

The bill provides $49,499,000 for the economic and statistical

analysis programs of the Department of Commerce, including the

Bureau of Economic Analysis, for fiscal year 2001. This amount is

the same as in the current fiscal year and $5,214,000 less than the

budget request.

The Economic and Statistics Administration (ESA) 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.

The Committee continues the prohibition on use of funds under

this appropriation, or under the Census Bureau appropriation accounts, to carry out the Integrated Environmental-Economic Accounting or ‘‘Green GDP’’ initiative.
68

BUREAU OF THE CENSUS

The Committee recommends a total of $670,867,000 for the Bureau of the Census for fiscal year 2001, a decrease of

$4,087,706,000 below the current fiscal year level and $48,338,000

below the request.

SALARIES AND EXPENSES

The Committee recommends $140,000,000 for the salaries and

expenses of the Bureau of the Census for fiscal year 2001, the same

amount as the current year appropriation, and $33,826,000 below

the request. The Committee continues to believe that the Bureau

must continue to streamline and prioritize its programs to ensure

that the highest priority core activities are supported. The Committee also expects the Bureau to be fully reimbursed for any noncore survey requested by any other Federal agency or private organization.

This appropriation provides for the current statistical programs

of the Bureau of the Census, which includes the 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.

PERIODIC CENSUSES AND PROGRAMS

The Committee recommends a total of $530,867,000 for all periodic censuses and related programs funded under this heading in

fiscal year 2001, a decrease of $4,087,706,000 below the fiscal year

2000 level, and $14,512,000 below the request.

Decennial Census Programs.—The recommendation includes

$392,898,000 for the costs of the decennial census in fiscal year

2001, a decrease of $4,083,355,000 from the fiscal year 2000 level,

and $3,400,000 below the request. In addition, the recommendation

continues to fund the Census Monitoring Board under this account

rather than as a related agency as requested. The following represents the distribution of funds provided for the 2000 Census:

Program Development and Management ............................................ $24,055,000

Data Content and Products .................................................................. 57,096,000

Field Data Collection and Support ....................................................... 122,000,000

Address List Development .................................................................... 1,500,000

Automated Data Processing & Telecommunications Support ............ 115,038,000

Testing and Evaluation ......................................................................... 55,000,000

Puerto Rico, Virgin Islands and Pacific Areas .................................... 5,512,000

Marketing, Communications and Partnerships .................................. 9,197,000

Census Monitoring Board ..................................................................... 3,500,000

Total, Decennial Census ............................................................. 392,898,000

The Committee directs the Bureau to continue to provide the

Committee with monthly reports of the obligation of funds against

each framework.

Other Periodic Programs.—In addition, the Committee recommends $137,969,000 for other periodic censuses and programs,

a decrease of $4,351,000 below the fiscal year 2000 level, and

$14,312,000 below the request. The following table represents the

distribution of funds provided for other non-decennial periodic census and related programs:
69

Economic Censuses ................................................................................ $42,746,000

Census of Governments ......................................................................... 3,082,000

Intercensal Demographic Estimates .................................................... 5,260,000

Continuous Measurement ..................................................................... 20,000,000

Demographic Survey Sample Redesign ............................................... 4,478,000

Electronic Information Collection (CASIC) .......................................... 6,000,000

Geographic Support ............................................................................... 33,406,000

Data Processing Systems ...................................................................... 22,997,000

Total .................................................................................................... 137,969,000

Suitland Facility Requirements.—The Committee does not include funding under this account to supplement the General Services Administration’s activities related to architectural and design

work for the renovation of the Suitland facility, and instead addresses this matter under Department of Commerce, General

Administration.

The Committee recommends bill language, similar to language

included in the fiscal year 2000 Appropriations Act, which provides

separate appropriations for decennial and non-decennial programs,

and designates specific amounts for each decennial census framework.

This appropriations account provides for decennial and quinquennial censuses, and other programs which are cyclical in nature. Additionally, individual surveys are conducted for other Federal agencies on a reimbursable basis.

NATIONAL TELECOMMUNICATIONS AND INFORMATION

ADMINISTRATION

The Committee recommends a total of $57,475,000 for the National Telecommunications and Information Administration (NTIA)

for fiscal year 2001. This amount is $365,534,000 below the budget

request, including the request for advance appropriations; and

$168,034,000 below the request excluding advance appropriations;

and an increase of $4,500,000 above the amount provided in fiscal

year 2000. Bill language is not included providing an appropriation

for an unauthorized program to provide Internet access to

individuals.

SALARIES AND EXPENSES

The Committee recommends $10,975,000 for the Salaries and Expenses appropriation of the National Telecommunications and Information Administration (NTIA), the same as the current year,

and $9,340,000 below the budget request. The Committee recommendation assumes an additional $24,211,000 will be available

to the NTIA through reimbursements from other agencies for the

costs of providing spectrum management, analysis and research

services to those agencies, reflecting implementation of a policy of

80% reimbursement for such services that began in fiscal year

1999. The recommendation does not include increases requested in

the budget for a critical infrastructure program, and assumes the

function can be absorbed within the existing appropriation. Further, the recommendation does not provide for the initiation of a

new institute.
70

PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING AND

CONSTRUCTION

The Committee recommends $31,000,000 for planning and construction grants for public television, radio, and non-broadcast facilities, an increase of $4,500,000 above the amount provided in fiscal year 2000, and $79,075,000 below the budget request. This

amount will allow the continuation of the existing equipment and

facilities replacement program. The recommendation does not include advance appropriations of $197,500,000 for the fiscal years

2002–2003, which was proposed in the budget to establish a multiyear program to fund the public broadcasting system’s transition to

digital broadcasting, as the Committee has no way of knowing

whether sufficient funding will be available in future years to cover

appropriations made in advance this year.

The Committee does not include bill language proposed in the

budget to change the purpose of this program to a digital conversion program. Language has been included in the bill, carried in

previous years, which: (1) provides authority to use a portion of

funds under this heading for program administration as authorized

by law; and (2) permits prior year unobligated balances to be available for grants for projects for which applications have been submitted and approved during any fiscal year. Language is not included in the bill relating to authority to provide a grant to

PEACESAT.

INFORMATION INFRASTRUCTURE GRANTS

The Committee recommends $15,500,000 for the Information Infrastructure Grants program under NTIA for demonstrations of

new telecommunications technology applications. The recommendation is the same as the current year funding level, and $29,619,000

below the budget request.

The Committee recommendation reflects the fact that the universal service requirements of the Telecommunications Act of 1996

(Public Law 104–104) will provide significant new opportunities for

bringing the information superhighway to schools and libraries,

which were not previously envisioned when this program was created. It is the Committee’s expectation that this action will reduce

the burden on the National Information Infrastructure (NII) program. The Committee notes some overlap between this program

and technology programs under the Department of Justice, Community Oriented Policing Services, with respect to grants for public

safety.

The Committee has retained bill language making funds provided under this heading available for program administration and

related program support activities at the fiscal year 2000 level. The

bill also includes language carried in previous Appropriations Acts

which will allow up to five percent of this appropriation to be available for telecommunications research activities directly related to

the development of the NII. Further, the Committee recommendation does not include changing the name of this program.
71

PATENT AND TRADEMARK OFFICE

SALARIES AND EXPENSES

The bill provides a total funding level of $904,924,000 for the

Patent and Trademark Office (PTO) in fiscal year 2001, which is

$33,924,000 above the current year level, and $133,808,000 below

the request. The request included $20,000,000 to be derived from

a new fee to cover the cost of post-retirement health and life insurance of PTO employees, which has not been approved in the pending PTO reauthorization legislation and is not included in this bill.

Of the amount recommended in the bill, $650,035,000 is to be derived from offsetting fees collected in fiscal year 2001 and

$254,889,000 from carryover funds from fiscal years 1999 and

2000, for use in fiscal year 2001.

Language is included in the bill limiting the amount of carryover

that may be obligated in fiscal year 2001. The total funding level

recommended in the bill will permit PTO to fully fund its base of

$904,924,000 to meet increased workload and to continue automation efforts.

Within the amounts available to the PTO in fiscal year 2001, the

Committee expects that not less than $2,800,000 will be provided

to expand PTO’s relationship with the National Inventor’s Hall of

Fame and Inventure Place. In addition bill language was included

changing the term Commissioner to Director, as requested.

The Patent and Trademark Office 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.

SCIENCE AND TECHNOLOGY

The Committee has included under this section of Title II the Department of Commerce agencies responsible for scientific and technological research and programs.

TECHNOLOGY ADMINISTRATION

OFFICE OF THE UNDER SECRETARY/OFFICE OF TECHNOLOGY POLICY

SALARIES AND EXPENSES

The Committee recommends $7,945,000 for the Technology Administration’s Office of the Under Secretary/Office of Technology

Policy. This amount is the same amount available in the current

year and $771,000 below the request.

The Committee continues the direction from fiscal years 1998,

1999, and 2000 regarding the use of Technology Administration

and Department of Commerce resources to support foreign policy

initiatives and programs.

NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

The Committee recommends a total of $422,892,000 for the appropriations accounts under the National Institute of Standards

and Technology (NIST) for fiscal year 2001. The recommendation
72

is $290,099,000 below the budget request, and a decrease of

$216,090,000 below the amount appropriated for fiscal year 2000.

A description of each account and the Committee recommendation

follows:

SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES

The Committee has provided $292,056,000 for the Scientific and

Technical Research and Services (core programs) appropriation of

the National Institute of Standards and Technology. This amount

is $8,924,000 above the amount provided in fiscal year 2000 and

$45,452,000 below the budget request.

The Committee notes that, in an era of declining budgets, the

core programs of NIST have enjoyed significant support, receiving

continued program increases. Overall funding for these programs

has grown from $240,000,000 in fiscal year 1995 to $283,000,000

in fiscal year 2000. The Committee understands the importance of

the research done by this agency, and recommends funding to

maintain the current level of operations.

The following is a breakdown of the amounts provided under this

account by activity.

[In thousands of dollars]

FY00 Enacted FY01 Request FY01 Recommendation

Electronics and Electrical ................................................................................. $38,771 $40,046 $40,127

Manufacturing Engineering .............................................................................. 19,560 23,782 19,821

Chemical ........................................................................................................... 32,493 33,295 33,360

Physics .............................................................................................................. 28,697 39,454 29,556

Building and Fire Research .............................................................................. 15,331 13,888 16,484

Materials Science and Engineering .................................................................. 52,010 58,986 54,658

Computer Applied Mathematics ....................................................................... 45,352 56,347 45,551

Technology Assistance ...................................................................................... 17,723 17,197 17,349

Baldridge Quality Awards ................................................................................. 4,958 5,191 5,913

Research Support .............................................................................................. 29,237 49,322 29,237

(Deobligations) ......................................................................................... (1,000) ...................... ......................

Total, STRS ............................................................................................... 283,132 337,508 292,056

The recommendation provides funding for all activities at the requested fiscal year 2001 base level. This includes the current year

level of funding to continue the disaster research program on effects of windstorms. The recommendation does not include any program increases. Further, the Committee continues its directive included in previous years regarding the placement of additional

NIST personnel or support for foreign service nationals overseas.

INDUSTRIAL TECHNOLOGY SERVICES

The Committee recommends $104,836,000 for the Industrial

Technology Services appropriation of the National Institute of

Standards and Technology. This amount is $142,600,000 below the

current year appropriation, and $234,768,000 below the budget request.

Manufacturing Extension Partnership Program.—The Committee

has included $104,836,000 for the Manufacturing Extension Partnership (MEP) Program, the same amount provided in the current
73

year. This recommendation includes the expectation that funding is

provided for the centers and not for new initiatives.

Advanced Technology Program.—The Committee recommends no

funding for the Advanced Technology Program (ATP) in fiscal year

2001. The budget included a request of $198,600,000 for fiscal year

2001, and $142,600,000 was provided in fiscal year 2000.

The advocates for the ATP program have always had to answer

a number of fundamental questions, such as whether the program

achieved results that could not be achieved through the private

marketplace; whether it funded technology development and commercialization that would not be undertaken but for the existence

of the program; and whether the Federal government should play

a role in picking technologies to be developed and then funding

that development at substantial government expense, for example.

After many years in existence, the program has not produced a

body of evidence to overcome those fundamental questions about

whether the program should exist in the first place. Given the tremendous financial constraints under which the Committee is operating, the question becomes whether it is worthwhile to continue

to fund a program of questionable value, particularly one that costs

$200,000,000 a year.

With many other priorities facing the Committee and funding

constraints as they are, the Committee concludes that funding

would be better spent on higher priority programs and recommends

that the ATP program be terminated.

CONSTRUCTION OF RESEARCH FACILITIES

The Committee recommendation includes $26,000,000 for construction, renovation, and maintenance of NIST facilities. In the

current year, the Committee approved the final construction plan

for the Advanced Measurement Laboratory and has provided the

full request for the construction of the laboratory. In addition, the

Committee has provided a level of funding comparable to the current year level for NIST to address the backlog of safety, capacity,

maintenance, and major repair projects in the Gaithersburg, Maryland, and Boulder, Colorado, sites. The recommendation does not

provide program increases under the Safety, Capacity, Maintenance, and Major Repair heading.

Should construction requirements change, the Committee would

entertain a reprogramming request subject to the requirements of

Section 205 of this Act.

Bill language requiring submission of a financial plan is deleted.

This account supports all NIST activities by providing the facilities necessary to carry out the NIST mission. The Institute has

proposed a multiyear effort to renovate NIST’s current buildings

and laboratory facilities in compliance with more stringent science

and engineering program requirements.

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

The Committee recommends a total of $2,230,959,000 in new

budget authority for the seven appropriation items of the National

Oceanic and Atmospheric Administration (NOAA) and transfers totaling $98,000,000. This amount is a decrease of $6,947,717,000

below the budget request for these items, which included advance
74

appropriations through fiscal year 2019, a decrease of $530,222,000

below the regular amounts appropriated under these accounts for

fiscal year 2000.

The Committee recommendation includes funding to address

NOAA’s highest priority, which is to maintain the operations of the

National Weather Service, for which $621,726,000 is provided.

Funding is provided to maintain other NOAA operations generally

at the fiscal year 2000 level, with reductions for lower priority

projects. Funding is not included for a series of new initiatives proposed in the budget, because the Committee does not have the resources under its allocation to address major new funding initiatives. In addition, there are serious authorization issues with a

number of the proposals.

OPERATIONS, RESEARCH, AND FACILITIES

(INCLUDING TRANSFERS OF FUNDS)

The bill includes $1,606,925,000 in new budget authority for the

coastal, fisheries, marine, weather, environmental, satellite, and

other programs funded in this appropriation. This amount is a reduction of $81,264,000 below the fiscal year 2000 funding level, and

$241,264,000 below the budget request for direct appropriations

under this account.

In addition to the new budget authority provided for the NOAA ORF account, the Committee recommends a transfer of $68,000,000

from balances in the account entitled, ‘‘Promote and Develop Fishery Products and Research Pertaining to American Fisheries.’’ The

total amount provided also includes prior year deobligations and

carryover funding totaling $36,000,000, the same amount proposed

in the budget. The bill also includes language allowing NOAA to

retain gifts and contributions made under the Marine Sanctuary

Program. The Committee expects NOAA to fully utilize the authorities provided for this program.

The budget request included a proposal to enact legislation to institute new fees for navigation services and fisheries management

and enforcement services, which is anticipated to raise $34,000,000

in user fee revenue. This is the fourth and fifth time, respectively,

that these fees have been proposed. The recommendation does not

in any way propose to enact those fees, and does not assume

$34,000,000 in revenues from those fees.

Language is also included in the bill specifying the total amount

of direct obligations available for each of the six NOAA line offices

and other related activities funded through this account. The Committee has taken this action to provide greater clarity and accountability in budgeting and management for the diverse activities

funded in this account. In addition, the bill also retains language

from the fiscal year 2000 Act regarding the practice of assessing

NOAA line organizations, programs, projects, and activities, to support NOAA and line office overhead and programs over and above

the amounts specifically provided, and regarding the funding and

personnel in Executive Direction and Administration. The Committee reminds NOAA that administrative charges levied against

certain activities assigned in the bill are limited to no more than

five percent. In addition, language is also included regarding use

of deobligations in excess of amounts estimated in the budget.
75

Further, the Committee expects NOAA to follow the direction

given in this section of the report as well as the sections addressing

the Committee’s reprogramming requirements.

NOAA Budgetary and Financial Management.—In the past, the

Committee has identified many serious budgetary and financial

management problems which have been highlighted by the General

Accounting Office, the Inspector General, and NOAA’s own independent auditors for the last several years. The Committee understands that efforts are now underway to try to address these problems, and those efforts are encouraged. Yet, there remains a need

for the development of a revised budget structure that displays the

amounts requested under a true program office and activity structure, segregates amounts requested for headquarters and field office components of various activities, as well as indicates the

amounts intended for external grants and contracts.

Therefore, the Committee directs NOAA, through the Department of Commerce, to report to the Committee by September 15,

2000 on a schedule by which it will undertake the following actions: (1) submit to the Committee a draft outline for a revised

budget structure in accordance with the direction given in previous

Committee reports; and (2) submit to the Committee a plan for implementing the independent auditors’ recommendations regarding

the presentation of its financial information. In addition, NOAA is

directed to submit to the Committee, not later than November 1,

2000, an operating plan for expenditure of funds available to

NOAA in fiscal year 2001 based on the Committee’s distribution,

as shown in the accompanying table, and report to the Committee

on a quarterly basis, on the status of obligations against the Committee’s distribution.

The following table compares the Committee recommendation to

the 2000 enacted appropriation and the fiscal year 2001 budget request for the activities, sub-activities, and projects funded in this

appropriation.

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

OPERATIONS, RESEARCH, AND FACILITIES

FISCAL YEAR 2001

[In thousands of dollars]

FY00

enacted

FY01

request

FY01

House

NATIONAL OCEAN SERVICE

Navigation Services:

Mapping and Charting ................................................................................. 35,298 38,456 32,718

Address Survey Backlog ............................................................................... 18,900 18,000 18,900

Subtotal ............................................................................................... 54,198 56,456 51,618

Geodesy ......................................................................................................... 20,159 20,206 21,159

Tide and Current Data ................................................................................. 12,390 15,089 15,089

Acquisition of Data ...................................................................................... 15,546 17,246 14,546

Total, Navigation Services ................................................................... 102,293 108,997 102,412

Ocean Resources Conservation and Assessment:

Ocean Assessment Program ......................................................................... 44,846 41,465 34,348

GLERL ....................................................................................................... ..................... 6,085 .....................

Response and Restoration ....................................................................... 15,329 20,149 10,991

Oceanic and Coastal Research ............................................................... 8,470 8,500 5,410
76

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION—Continued

OPERATIONS, RESEARCH, AND FACILITIES

FISCAL YEAR 2001

[In thousands of dollars]

FY00

enacted

FY01

request

FY01

House

Subtotal—Estuarine & Coastal Assessment ...................................... 68,645 76,199 50,749

Coastal Ocean Program ............................................................................... 17,200 18,232 17,200

Total, Ocean Resources Conservation and Assessment ..................... 85,845 94,431 67,949

Ocean and Coastal Management:

CZM Grants .................................................................................................. 54,700 147,400 54,700

CZM 310 Grants ........................................................................................... ..................... ..................... .....................

Program Administration ............................................................................... 4,500 6,608 4,500

Estuarine Research Reserve System ............................................................ 6,000 12,000 6,000

Nonpoint Pollution Control ........................................................................... 2,500 4,500 2,500

Subtotal, Coastal Management ........................................................... 67,700 170,508 67,700

Marine Sanctuary Program ........................................................................... 23,000 32,000 22,500

Total, Ocean and Coastal Management ............................................. 90,700 202,508 90,200

Total, NOS ............................................................................................ 278,838 405,936 260,561

NATIONAL MARINE FISHERIES SERVICE

Information Collection and Analysis:

Resource Information ................................................................................... 108,348 101,988 100,100

Antarctic Research ................................................................................... 1,234 1,200 1,200

Chesapeake Bay Studies ......................................................................... 1,890 1,500 2,390

Right Whale Research ............................................................................. ..................... 200 .....................

MARFIN ..................................................................................................... 2,750 2,750 2,500

SEAMAP .................................................................................................... 1,200 1,200 1,200

Alaskan Groundfish Surveys .................................................................... 900 661 661

Bering Sea Pollock Research ................................................................... 945 945 945

West Coast groundfish ............................................................................ 820 780 820

New England Stock Depletion .................................................................. 1,000 1,000 1,000

Hawaii Stock Management Plan .............................................................. 500 ..................... 500

Yukon River Chinook Salmon ................................................................... 1,200 700 .....................

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 5,587

Hawaiian Monk Seals .............................................................................. 750 500 500

Steller Sea Lion Recovery Plan ................................................................ 4,000 1,440 1,440

Hawaiian Sea Turtles ............................................................................... 285 248 248

Bluefish/Striped Bass .............................................................................. 1,000 ..................... 1,000

Halibut/Sablefish ..................................................................................... 1,200 1,200 1,200

Subtotal ............................................................................................... 146,980 128,426 122,818

Fishery Industry Information:

Fish Statistics .......................................................................................... 13,000 18,871 13,000

Alaska Groundfish Monitoring ................................................................. 5,500 5,200 5,200

PACFIN/Catch Effort Data ........................................................................ 3,000 3,000 4,700

AKFIN (Alaska Fishery Information Network) ........................................... 2,500 ..................... .....................

RECFIN ..................................................................................................... 3,700 3,100 3,100

GULF FIN Data Collection Effort .............................................................. 3,500 ..................... 3,000

Subtotal ............................................................................................... 31,200 30,171 29,000

Information Analyses and Dissemination ......................................................... 20,900 21,403 20,400

Computer Hardware and Software ............................................................... 3,500 3,500 750

Subtotal ............................................................................................... 24,400 24,903 21,150

Acquisition of Data ........................................................................................... 25,943 25,944 25,943
77

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION—Continued

OPERATIONS, RESEARCH, AND FACILITIES

FISCAL YEAR 2001

[In thousands of dollars]

FY00

enacted

FY01

request

FY01

House

Total, Information, Collection, and Analyses ...................................... 228,523 209,444 198,911

Conservation and Management Operations:

Fisheries Management Programs ................................................................. 39,060 40,325 34,680

Columbia River Hatcheries ...................................................................... 12,055 15,212 12,055

Columbia River Endangered Species ....................................................... 288 288 288

Regional Councils .................................................................................... 13,150 13,100 13,150

International Fisheries Commissions ....................................................... 400 400 400

Management of George’s Bank ............................................................... 478 478 478

Pacific Tuna Management ....................................................................... 2,300 1,250 1,250

Fisheries Habitat Restoration .................................................................. 2,000 4,000 2,000

NE Fisheries Management ....................................................................... 6,000 11,980 6,000

NE Cooperative ......................................................................................... ..................... 15,000 15,000

Norton Sound Fisheries ............................................................................ ..................... 5,000 5,000

Coral Reefs .............................................................................................. ..................... 5,000 .....................

Subtotal, Fisheries Mgmt. Programs ................................................... 75,731 112,033 90,301

Protected Species Management ............................................................... 6,200 8,988 6,950

Driftnet Act Implementation .................................................................... 3,439 3,278 3,278

Marine Mammal Protection Act ............................................................... 7,583 7,225 7,225

Endangered Species Act Recovery Plan .................................................. 43,500 55,450 42,800

Dolphin Encirclement ............................................................................... 3,300 3,300 3,300

Native Marine Mammals .......................................................................... 950 700 200

Observers/Training ................................................................................... 2,650 4,500 4,500

Subtotal ............................................................................................... 67,622 83,441 68,253

Habitat Conservation .................................................................................... 9,200 11,079 9,200

Enforcement and Surveillance ..................................................................... 17,950 22,354 17,950

Total, Conservation and Management Operations .............................. 170,503 228,907 185,704

State and Industry Assistance Programs:

Interjurisdictional Fisheries Grants .............................................................. 2,600 2,590 2,590

Anadromous Grants ...................................................................................... 2,100 2,100 2,100

Interstate Fish Commissions ........................................................................ 7,750 4,000 7,750

Subtotal ............................................................................................... 12,450 8,690 12,440

Fisheries Development Program:

Product Quality and Safety/Seafood Inspection ........................................... 9,500 8,328 8,328

Hawaiian Fisheries Development ................................................................. 750 ..................... .....................

Subtotal ............................................................................................... 10,250 8,328 8,328

Total, State and Industry Programs .................................................... 22,700 17,018 20,768

Total, NMFS ......................................................................................... 421,726 455,369 405,383

OCEANIC AND ATMOSPHERIC RESEARCH

Climate and Air Quality Research:

Interannual and Seasonal ............................................................................ 16,900 14,986 12,900

Climate and Global Change Research ......................................................... 67,000 67,095 63,000

GLOBE ........................................................................................................... 3,000 5,000 .....................

Climate Observations and Services ............................................................. ..................... 24,000 .....................

Subtotal ............................................................................................... 86,900 111,081 75,900

Long-term Climate and Air Quality Research .............................................. 30,000 30,525 29,409

Information Technology ................................................................................ 12,750 12,750 12,000
78

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION—Continued

OPERATIONS, RESEARCH, AND FACILITIES

FISCAL YEAR 2001

[In thousands of dollars]

FY00

enacted

FY01

request

FY01

House

Subtotal ............................................................................................... 42,750 43,275 41,409

Total, Climate and Air Quality Research ............................................ 129,650 154,356 117,309

Atmospheric Programs:

Weather Research ......................................................................................... 37,350 37,075 35,850

STORM .......................................................................................................... 2,000 ..................... .....................

Wind Profiler ................................................................................................. 4,350 4,350 4,350

Subtotal ............................................................................................... 43,700 41,425 40,200

Solar/Geomagnetic Research ........................................................................ 7,000 6,182 6,000

Total, Atmospheric Programs .............................................................. 50,700 47,607 46,200

Ocean and Great Lakes Programs:

Marine Prediction Research ......................................................................... 27,325 22,595 19,725

GLERL ........................................................................................................... 6,825 ..................... 7,125

Sea Grant Program ....................................................................................... 59,250 59,250 61,250

National Undersea Research Program ......................................................... 13,800 5,750 .....................

Total, Ocean and Great Lakes Programs ............................................ 107,200 87,595 88,100

Acquisition of Data ........................................................................................... 12,952 12,952 12,952

Total, OAR ............................................................................................ 300,502 302,510 264,561

NATIONAL WEATHER SERVICE

Operations and Research:

Local Warnings and Forecasts ..................................................................... 444,487 466,471 459,252

MARDI ........................................................................................................... ..................... ..................... .....................

Radiosonde Replacement ............................................................................. ..................... ..................... .....................

Susquehanna River Basin Flood System ..................................................... 1,125 619 1,250

Aviation Forecasts ........................................................................................ 35,596 35,596 35,596

Advanced Hydrological Prediction System ................................................... 1,000 1,000 1,000

WFO Maintenance ......................................................................................... 3,250 5,250 3,250

Weather Radio Transmitters ......................................................................... ..................... ..................... 3,000

Subtotal ............................................................................................... 485,458 508,936 503,348

Central Forecast Guidance ............................................................................... 37,081 38,001 37,081

Atmospheric and Hydrological Research .......................................................... 3,000 3,068 3,000

Total, Operations and Research .......................................................... 525,539 550,005 543,429

Systems Acquisition:

Public Warnings and Forecast Systems:

NEXRAD ................................................................................................ 38,836 38,802 38,802

ASOS .................................................................................................... 7,345 7,423 7,345

AWIPS/NOAA Port ................................................................................. 32,150 38,642 32,150

Total, Systems Acquisition .............................................................. 78,331 84,867 78,297

Total, NWS ....................................................................................... 603,870 634,872 621,726

NAT’L ENVIRONMENTAL SATELLITE, DATA AND INFORMATION SER

Satellite Observing Systems:

Ocean Remote Sensing ................................................................................ 4,000 4,000 .....................

Environmental Observing Systems ............................................................... 53,300 53,912 50,800

Global Disaster Information Network ........................................................... ..................... 5,500 .....................

Total, Satellite Observing Systems ..................................................... 57,300 63,412 50,800
79

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION—Continued

OPERATIONS, RESEARCH, AND FACILITIES

FISCAL YEAR 2001

[In thousands of dollars]

FY00

enacted

FY01

request

FY01

House

Environmental Data Management Systems ...................................................... 38,700 32,454 40,700

Data and Information Services .................................................................... 12,335 12,335 12,335

Regional Climate Centers ............................................................................ 2,750 ..................... 2,750

Total, EDMS ......................................................................................... 53,785 44,789 55,785

Total, NESDIS ....................................................................................... 111,085 108,201 106,585

PROGRAM SUPPORT

Administration and Services:

Executive Direction and Administration ....................................................... 19,387 19,902 19,200

Systems Acquisition Office ........................................................................... 712 712 700

Subtotal .................................................................................................... 20,099 20,614 19,900

Central Administrative Support .................................................................... 36,350 33,132 31,850

Retired Pay Commissioned Officers ............................................................. ..................... ..................... .....................

Minority Serving Institutions ........................................................................ ..................... 17,000 .....................

Total, Administration and Services ..................................................... 56,449 70,746 51,750

Aircraft Services ................................................................................................ 10,760 11,009 11,000

Rent Savings (transferred to ATB) ................................................................... (4,656) ..................... (4,656)

Total, Program Support ....................................................................... 62,553 81,755 58,094

FLEET PLANNING AND MAINTENANCE ............................................................... 13,243 9,294 7,000

Facilities:

NOAA Facilities Maintenance ....................................................................... 1,809 1,941 1,800

Environmental Compliance ........................................................................... 2,000 3,899 2,000

WFO Maintenance ......................................................................................... ..................... ..................... .....................

Columbia River Facilities ............................................................................. 3,365 ..................... 3,365

Boulder Facilities (GSA) Operations ............................................................. 3,850 5,350 3,850

NARA Records Mgmt .................................................................................... ..................... 262 .....................

Total, Facilities .................................................................................... 11,024 11,452 11,015

Direct Obligations ............................................................................................. 1,802,841 2,009,389 1,734,925

Offset for Fee Collections ................................................................................. (4,000) ..................... .....................

Reimbursable Obligations ................................................................................. 195,767 204,400 204,400

Offsetting Collections (data sales) .................................................................. 3,600 3,600 3,600

Offsetting Collections (fish fees/IFQ CDQ) ....................................................... 4,000 ..................... 4,000

Subtotal, Reimbursables ..................................................................... 199,367 208,000 212,000

Total, Obligations ................................................................................ 2,002,208 2,217,389 1,946,925

Financing:

Deobligations (prior year recoveries) ........................................................... (36,000) (36,000) (36,000)

Unobligated Balance transferred, net .......................................................... (2,652) ..................... .....................

Offsetting Collections (data sales) .............................................................. (3,600) (3,600) (3,600)

Offsetting Collections (fish fees/IFQ CDQ) .................................................. (4,000) ..................... (4,000)

Federal Funds ............................................................................................... (134,927) (147,700) (147,700)

Non-Federal Funds ....................................................................................... (60,840) (56,700) (56,700)

Subtotal, Financing ............................................................................. (242,019) (244,000) (248,000)

Budget Authority .................................................................................. 1,760,189 1,973,389 1,698,925

Financing From:

Promote and Develop American Fisheries .................................................... (68,000) (68,000) (68,000)

Coastal Zone Management Fund ................................................................. (4,000) (3,200) (4,000)
80

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION—Continued

OPERATIONS, RESEARCH, AND FACILITIES

FISCAL YEAR 2001

[In thousands of dollars]

FY00

enacted

FY01

request

FY01

House

Anticipated Offsetting Collections (fish fees) ............................................. ..................... (20,000) .....................

Anticipated Offsetting Collections (navigation fees) ................................... ..................... (14,000) .....................

Disaster Relief—Norton Sound .................................................................... ..................... (5,000) (5,000)

Disaster Relief—NE Fisheries ...................................................................... ..................... (15,000) (15,000)

Subtotal, ORF ...................................................................................... 1,688,189 1,848,189 1,606,925

Total, ORF ............................................................................................ 1,688,189 1,848,189 1,606,925

NATIONAL OCEAN SERVICE

The Committee has included a total of $260,561,000 for activities

of the National Ocean Service (NOS) for fiscal year 2001, instead

of $278,838,000 provided for fiscal year 2000 and $405,936,000 as

requested.

Navigation Safety Programs.—The Committee has included

$102,412,000 for NOAA’s navigation safety programs. This amount

is $119,000 above the current fiscal year, and $6,585,000 below the

request for these activities and programs.

• Mapping and Charting.—The recommendation includes

$51,618,000 for mapping and charting activities, which is a freeze

at the current year level, except for the deletion of funding for a

special project, and includes $18,900,000, the same level as the current year, provided to address the hydrographic survey backlog.

The recommendation is consistent with the position the Committee

has supported that at least 50 percent of hydrographic surveying

should be contracted out. The recommendation is $3,158,000 below

the request. In addition, $14,546,000 is provided under the Acquisition of Data line.

• Geodesy.—The Committee has included $21,159,000 for

NOAA’s geodesy programs, an increase of $1,000,000 above fiscal

year 2000, and $953,000 above the request. The recommendation

includes $2,000,000 for initial implementation of the National

Height System Demonstration, based on the recommendations contained in the National Height Modernization Study in California

and North Carolina.

• Tide and Current Data.—The Committee has recommended

$15,089,000 for this activity, an increase of $3,089,000 above fiscal

year 2000, and the same level as the budget request. The recommendation would enable NOS to implement and maintain the

necessary quality controls for real-time tide and current data systems. Funding is included to continue implementation of the Physical Oceanographic Real-Time System (PORTS) program.

Ocean Assessment Program.—The Committee recommendation

provides $34,348,000 for this activity. The recommendation provides the following: $12,600,000 for the base program, $900,000 for

South Florida Ecosystems, equal to the current year level;

$12,000,000 for the NOAA Coastal Services Center; $3,425,000 for

general pfisteria/harmful algal bloom research and monitoring, the

same level as fiscal year 2000; $2,500,000 to continue outreach and
81

education on coastal and ocean environments under the JASON

project; and $2,923,000 for the NOAA Beaufort/Oxford Laboratory.

The Committee supports the further consolidation of ocean and

coastal research and assessment programs into a single line organization as such action would ensure greater coordination and cooperation and guard against duplication of efforts. However, the

Committee believes that NOAA’s proposal falls short of this goal by

proposing to move only a portion of coastal and ocean-related programs from Oceanic and Atmospheric Research (OAR) to NOS.

This is further evidenced by the fact that the budget request continues to fund similar programs in both NOS and OAR. Therefore,

the Committee does not recommend the transfer of the Great Lakes

Environmental Laboratory at this time, but would be willing to

consider such action in the context of a reorganization which fully

consolidates all ocean and coastal research and monitoring programs into NOS.

• Response and Restoration.—The recommendation provides a

total of $10,991,000 for Response and Restoration activities,

$4,338,000 below the current year level and $9,158,000 below the

request.

• Oceanic and Coastal Research.—The recommendation includes

$5,410,000 for Oceanic and Coastal Research, $3,060,000 below the

level provided in fiscal year 2000 and $3,090,000 below the request.

The amount provided in the recommendation is for the Southeast

Fisheries Laboratory.

Coastal Ocean Program.—The recommendation includes

$17,200,000 for this program, the same amount provided in fiscal

year 2000, and $1,232,000 below the request. Within the amount

provided, the Committee has included $10,500,000 for the base

Coastal Ocean program, the same as in fiscal year 2000; and

$5,287,000 for research related to hypoxia, pfisteria and other

harmful algal blooms, including the ‘‘dead-zone’’ in the Gulf of Mexico. Further, the Committee recommendation assumes funding for

the South Florida Ecosystems at the current level, and expects that

the program will be conducted utilizing the expertise of university

partners in the area.

Coastal Zone Management.—The Committee recommendation

provides a total of $61,700,000 under the National Ocean Service

to assist coastal States in implementing clean water programs. Of

this amount, $54,700,000 is for grants to States in accordance with

sections 306 and 306A of the Coastal Zone Management Act

(CZMA), the same amount provided in fiscal year 2000, of which

up to $10,000,000 may be used for activities under section 309;

$4,500,000 is for Program Administration; and $2,500,000 is for

section 6217 of the CZMA. While the Administration’s budget proposed a total of $147,400,000 for CZMA-related programs, an increase of 64 percent over the current year, the Committee notes

that the CZMA authorization has expired. Further, a large portion

of the increase requested, $55,000,000, was proposed for two new

set-aside programs for the Non-Point Source Pollution program

which is not authorized under sections 306 and 306A of the CZMA,

but rather section 6217 of the CZMA. In the past, the Committee

has expressed concern that the Non-Point Source Pollution program remains unauthorized, and has questioned whether this pro-
82

gram is duplicative of programs funded under the Environmental

Protection Agency and the Department of Agriculture. In addition, the Administration requested $100,000,000 for a

new, unauthorized program under NOAA to provide grants to

coastal States to mitigate the impacts of offshore drilling activities,

and to protect coastal ecosystems. On May 11, 2000, the House

passed H.R. 701, a bill that provides $1 billion of mandatory funding to coastal States to protect coastal ecosystems. The defined uses

of this fund include conservation, restoration, enhancement, and

creation of coastal habitats and also the implementation of federally approved marine, coastal or comprehensive conservation and

management plans. Therefore, the Committee does not include

funding for a new, duplicative, discretionary program in light of the

new, mandatory program funded in H.R. 701.

Estuarine Research Reserve System.—The recommendation includes $6,000,000 for the National Estuarine Research Reserve

System, the same level as current year and $6,000,000 below the

request.

Marine Sanctuary Program.—The Committee has included

$22,500,000 for the National Marine Sanctuary Program, the same

level as provided in current year with the exception of a one-time

only project, and $9,500,000 below the request. The current year

level is an increase of $8,700,000 above fiscal year 1999 levels, provided to enhance the operations of the 12 existing marine sanctuaries. The Committee recommendation does not include funding

for additional marine sanctuaries.

In addition, the recommendation includes $500,000 for the activities of the Northwest Straits Citizens Advisory Commission, the

same amount provide in fiscal year 2000. The Commission was established to be provide an ecosystem focus on the marine resources

in the area, mobilize science and support marine resource committees, and establish a forum for coordination and consensus building, in lieu of Federal designation of the area as a Marine Sanctuary. The Committee believes that such a consensus-based approach is an innovative and novel way to promote marine conservation, the goal of the Marine Sanctuary Program.

Further, the Committee continues to believe that NOAA should

redouble its efforts to pursue revenue enhancement initiatives to

explore other voluntary, innovative means to identify partners and

raise additional resources for the sanctuaries. In addition, the bill

includes language, carried in previous years, allowing the collection

of user fees for the sanctuaries.

NATIONAL MARINE FISHERIES SERVICE

The Committee has provided a total of $405,383,000 for the programs of the National Marine Fisheries Service (NMFS), as compared to $421,726,000 provided in fiscal year 2000 and

$455,369,000 as requested. The Committee notes that for the fifth

consecutive year, the budget request includes a proposal for new

fishery fees, a proposal repeatedly rejected by the Congress. Therefore, in light of the unrealistic funding mechanisms proposed in the

budget to finance increases, the Committee has prioritized to provide the necessary resources to support NMFS programs.

The Committee’s actions reflect the fact that the key to building

sustainable fisheries lies in the ability to accurately assess the sta-
83

tus of the stock. Early assessment enables more accurate and timely decisions by managers of the resource to ensure continued viability of the resource. Thus the Committee has placed highest priority

on, and provided increases for, programs and activities which ensure that NMFS and its resource management partners have access to the necessary information to make fishery management decisions.

Resource Information.—The Committee recommendation includes

$100,100,000 for this activity, which is $8,248,000 below the

amount provided in fiscal year 2000, and $1,888,000 below the request. Of this amount $86,000,000 is provided for base programs

for stock assessments and surveys. The Committee includes a total

of $4,250,000 for stock assessments and research for the west coast

groundfish fisheries, an increase of $2,000,000 over the current

year level. In addition, the Committee provides funding to continue

both the aquatic resources environmental initiative and MarMAP

at the current level. The Committee also expects NMFS to continue

the collaborative multi-regional biological research on highly migratory species of sharks to provide NMFS with the information necessary for effective management of the highly migratory shark fishery and conservation of imminently threatened shark fishery

resources.

Sea Turtle Protection.—The Committee expects NMFS to continue to improve its activities in the area of protecting, recovering

and improving beach monitoring of the southeastern sea-turtles.

The committee directs NMFS to provide not less than the amount

provided in fiscal year 2000 for continuing those activities.

Atlantic Bluefish/Striped Bass.—The Committee recommendation includes $1,000,000 in funding under Resource Information for

the ongoing program under the Cooperative Education Marine Research program to study the decline of nearshore Atlantic bluefish

stocks and striped bass population monitoring.

PACFIN/catch effort data.—The Committee has provided $4,700,000 for this activity, an increase of $1,700,000 above the request, and the same level as provided in fiscal years 1998 and

1999.

RECFIN.—The Committee provides $3,100,000 for this activity

and expects that the programs for the West Coast, Atlantic States,

and Gulf States shall each receive one-third of these funds. Funding for any supplemental region-specific projects is to be derived

from the overall ‘‘Fish Statistics’’ line item.

GulfFIN.—The Committee has provided $3,000,000 to continue a

data collection and analysis program for fisheries catch and stock

assessment data in both the commercial and recreational areas of

the Gulf of Mexico.

Computer Hardware and Software.—The recommendation includes $750,000, a reduction of $2,750,000 below the fiscal year

2000 level and the request. In fiscal year 2000, the Committee included $750,000 for development of catch reporting software in conjunction with West Coast States and Alaska which will allow electronic reporting of fish ticket information in a manner compatible

with systems utilized by the various regulatory and monitoring

agencies. The Committee is aware that this catch reporting software has not been developed, nor has this issue been addressed to

date. Last year, the Committee was informed that NMFS was
84

using funds to develop their own computer software, rather than

seeking readily available software. The Committee has deferred

funding for the base program until NMFS can assure the Committee that this issue has been resolved.

Fisheries Management Programs.—The recommendation includes

$34,680,000 for this activity, $4,380,000 below fiscal year 2000, and

$5,645,000 below the request. Within this amount, the Committee

recommends $500,000 to continue addressing inter-tidal and other

restoration activities for blue back herring, striped bass, and other

species.

Columbia River Hatcheries.—The recommendation includes

$12,055,000 for Columbia River Hatcheries operations and maintenance, and the mass marking function within the NMFS line equal

to the current year and the base request. The recommendation does

not include the proposal to move funding for Columbia River hatchery facilities from the Facilities heading of the NOAA budget to

NMFS, but maintains funding for facilities under the Facilities

heading.

New England Fisheries Management.—The recommendation includes $6,000,000 to implement rebuilding plans developed for fisheries as required by Magnuson-Stevens Act and to allow for cooperative research programs. In addition, $15,000,000 is included by

transfer to respond to fisheries failures in the Northeast multi-species fisheries.

Facilities.—Funding of $4,000,000 is for NMFS facilities maintenance, an increase of $400,000 from current year level.

Protected Species Management.—The recommendation includes

an additional $250,000 to supplement base funding for the investigation and recommended follow-on activities relating to the impact of California sea lions and harbor seals on the West Coast,

and $750,000 for bottle-nose dolphins in the Southeast.

Right Whales.—The Committee expects NMFS to continue its

right whale research and to focus on much needed gear modification research. The Committee is concerned that strikes by large

vessels have resulted in right whale fatalities. The Committee directs NMFS to work with the Coast Guard and the Department of

the Navy to reduce the strikes in whale habitat areas. The Committee recommendation provides $4,300,000 for research, $200,000

above the current year, and the same as the budget request. The

Committee expects NMFS to fund: gear modification research;

early warning surveys and acoustic studies; reproductive research;

habitat monitoring and population studies and tagging studies, at

least at the current year level.

Interstate Fish Commissions.—The recommendation includes

$7,750,000 for interstate fish commissions, an increase of

$3,750,000 above the request, and the same amount provided in fiscal year 2000. The Committee directs that $750,000 be provided to

the three interstate commissions, with the remaining funds to be

provided for implementation of the Atlantic Coastal Fisheries Cooperative Management Act.

The Committee expects NOAA to maintain as a priority under

the Saltonstall-Kennedy grant program proposals for research and

education efforts directed at the protection of high-risk consumers

from naturally occurring bacteria associated with raw molluscan
85

shellfish. Specifically, the Committee expects continuation of ongoing efforts to address concerns associated with Vibrio vulnificus.

OCEANIC AND ATMOSPHERIC RESEARCH

The Committee has provided a total of $264,561,000 for the Oceanic and Atmospheric Research Programs of NOAA, instead of

$302,510,000 as requested. The Committee recommendation includes the following amounts for basic laboratory research and support under Oceanic and Atmospheric Research:

Climate and Air Quality Research and Atmospheric Programs.— The Committee has included $12,900,000 for the base Interannual

and Seasonal Climate research program, the full amount of the

base program as funded in fiscal year 2000 and as requested. The

recommendation also includes $61,000,000 for the base Climate

and Global Change program, $2,000,000 below the level provided

in fiscal year 2000 and $4,095,000 below the request. Of this

amount, not less than $17,000,000 is for the International Research

Institute and related regional application centers programs, which

is the fiscal year 2000 level. The Committee recommendation believes OAR’s priority should be placed on short and medium term

climate forecasting, such as the El Nino and La Nina phenomena,

and that these activities should be increased to the maximum extent possible, and offset by reductions in lower priority programs

which are not core NOAA mission requirements and are duplicative

of other Federal agency programs, including the social science-related economic and human dimensions assessments.

The recommendation also includes $29,409,000 for Long-term Climate and Air Quality Research, $591,000 below fiscal year 2000

and $1,116,000 below the request. In addition, $35,850,000 is provided for the base Weather research program, the same level as in

fiscal year 2000, with the exception of one project.

Marine Prediction Research.—The recommendation includes a

total of $19,725,000 for this activity in fiscal year 2001. Within the

total provided, the Committee has provided $8,875,000 for the base

Marine Prediction Research program, the same level as the current

year; $1,450,000 to continue the Ocean Services activity, which was

transferred from NOS to OAR in fiscal year 1999, and $1,650,000

to continue the Arctic Research Initiative. In addition, within this

amount, the Committee has also provided $1,650,000 for continued

implementation of the National Invasive Species Act, including

$850,000 to continue the ballast water demonstration program.

Funding is also provided to continue the aquatic ecosystems initiative and the VENTS program at their fiscal year 2000 levels.

GLERL.—The Committee has included $7,125,000 for the Great

Lakes Environmental Research Laboratory, $1,040,000 above the

request and $300,000 above the amount provided in fiscal year

2000. The Committee has continued funding for GLERL within

OAR, given the other Great Lakes-related programs contained in

this line office. Should NOAA propose to consolidate all related programs into one line office, the Committee would be willing to consider such a transfer in accordance with the direction included

under the National Ocean Service.

Sea Grant.—The Committee recommendation includes

$61,250,000 for the Sea Grant program, an increase of $2,000,000

above the budget request and the current year level. Within this
86

amount, $3,000,000 is included for zebra mussel research in accordance with the Non-indigenous Aquatic Nuisance Prevention and

Control Act; $3,000,000 is for oyster disease research, including

$1,000,000 to continue the Gulf of Mexico initiative on oyster-related human health risks; and $1,000,000 is provided for pfisteria

and related research.

The Committee has provided no funding for the undersea research program and no funding for the Global Learning Observations to Benefit the Environment (GLOBE) program.

NATIONAL WEATHER SERVICE

The Committee recommendation includes a total of $621,726,000

for the National Weather Service for fiscal year 2001, which is

$17,856,000 above fiscal year 2000, and $13,146,000 below the request. Additional amounts for NWS are provided under Facilities

Maintenance, and within the Procurement, Acquisition and Construction account to support NWS systems modernization and facilities requirements. The Committee recommendation realigns

weather forecasting office maintenance and weather radio transmitters under the operations and research line, but does not realign the radiosonde replacement from the facilities maintenance

line. The recommendation includes funding for central computer

upgrade activities under the Procurement, Acquisition and Construction account.

Local Warnings and Forecasts.—The Committee recommendation

provides $459,252,000 for Local Warnings and Forecasts, an increase of $15,365,000 over fiscal year 2000, and a decrease of

$7,219,000 below the request. In comparison to requested amounts,

the recommendation provides $3,000,000 of the requested

$4,790,000 for labor cost increases, and $1,650,000 to maintain the

existing suite of data buoys and coastal marine automated stations,

as requested. Further, the recommendation includes $3,000,000 to

expand the NOAA weather radio program, as requested, including

$500,000 to increase the coverage in Illinois; $100,000 for Melba,

Mississippi, and $77,000 for Mason County, Kentucky and such

funds as necessary for Northeastern Minnesota.

Other Operations and Research Program.—The recommendation

provides $1,250,000 for the Susquehanna River Basin flood system;

$35,596,000 for Aviation Forecasts, the same as the request and

current year level; $1,000,000 for the Advanced Hydrological Prediction Program; and $3,250,000 for Weather Forecast Office maintenance costs.

AWIPS/NOAA Port.—The recommendation includes $32,150,000

for the operations of the AWIPS system, which has been fully installed. This is the same amount as provided in fiscal year 2000,

and $6,492,000 below the request.

NATIONAL ENVIRONMENTAL SATELLITE, DATA AND INFORMATION

SERVICE

The recommendation includes $106,585,000 for the operational

and research and development programs of the National Environmental Satellite, Data, and Information Service (NESDIS), a decrease of $4,500,000 below fiscal year 2000 and $1,616,000 below

the request.
87

Environmental Data Management Systems.—The Committee has

provided a total of $55,785,000 for this account, a decrease of

$10,996,000 below the request and an increase of $2,000,000 above

the current level. The amount provides $500,000 for cooperative

network modernization; and $5,500,000 above the current level for

climate database modernization and utilization.

The recommendation includes $2,750,000 for continuation of the

Regional Climate Centers program, which was proposed for elimination. Also, the recommendation provides $500,000 above the current year level for base operations of Environmental Data Management Systems, which is intended to enhance the operations of the

National Climatic Data Center. Further, the Committee recognizes

the value of NOAA climate data centers as the U.S. repository for

historical environmental data and encourages the Administration

to ensure that adequate funding is requested to maintain these

centers.

PROGRAM SUPPORT

The Committee has included $58,094,000 for Program Support.

Included in this total is $31,850,000 for Central Administrative

Support and $11,000,000 for aircraft services. Funding is provided

for the Commerce Automated Management System (CAMS) under

the Procurement, Acquisition, and Construction heading.

FLEET MAINTENANCE AND PLANNING

The recommendation includes $7,000,000 for this activity, a decrease of $2,294,000 below the request, and $6,243,000 below the

amount provided in fiscal year 2000. The recommendation provides

sufficient funding for routine maintenance of the existing NOAA

fleet. No funds are provided to modernize the existing fleet, initiate

major repairs to extend the life of a vessel, or purchase new equipment to upgrade an existing vessel.

FACILITIES

The Committee recommendation includes $11,015,000 for facilities maintenance, lease costs, and environmental compliance,

which is $9,000 below the amount provided for fiscal year 2000 and

$437,000 below the request. Of the amounts provided: $1,800,000

is for NOAA facilities maintenance, $2,000,000 is for environmental

compliance activities, $3,365,000 is for Columbia River facilities

maintenance, and $3,850,000 is for Boulder Facilities Operations.

The Committee provides the same level of funding provided in

the current year, but remains concerned about the GSA rental rate

for the facility in Boulder, Colorado. The Committee understands

that GSA is charging NOAA a rental rate that is far in excess of

a normal market approach to value. This distresses the Committee

greatly, as the Committee provided approximately $14,000,000 for

above-standard costs over a period of several years during the construction of the facility, only to find that NOAA is being asked to

pay what has been determined to be excessive rental rates. GSA

is apparently setting the rental rate to achieve an 8 percent return

on investment, and this is apparently the first building to which

GSA has applied that standard. The Committee encourages the Department of Commerce and GSA to arrive at a lower and more rea-
88

sonable rental rate. The Committee expects the Department of

Commerce to provide a report to the Committee on this situation

by August 15, 2000.

PROCUREMENT, ACQUISITION AND CONSTRUCTION

The recommendation includes $564,656,000 in fiscal year 2001

for this account, a decrease of $31,411,000 below the current level,

and $70,566,000 below the request. The recommendation does not

include an advance appropriation of $6,417,495,000 for fiscal years

2002–2019, as requested in the budget. This account funds capital

assets acquisition activities, including systems acquisition and new

construction. The following distribution reflects the activities funded within this account:

CAMS ...................................................................................................... $4,500,000

AWIPS .................................................................................................... 16,000,000

ASOS ....................................................................................................... 3,855,000

NEXRAD ................................................................................................ 8,280,000

Computer Facilities Upgrades .............................................................. 11,100,000

Polar Spacecraft and Launching .......................................................... 206,965,000

Geostationary Spacecraft and Launching ............................................ 290,824,000

Radiosonde Replacement ....................................................................... 2,000,000

GFDL Supercomputer ........................................................................... 5,000,000

Evansville Radar .................................................................................... 5,500,000

Construction:

Weather Forecast Office ................................................................. 9,136,000

NERRS Construction ...................................................................... 6,000,000

Marine Sanctuaries ........................................................................ 3,000,000

(Deobligations) ....................................................................................... (7,504,000)

Total, Procurement, Acquisition and Construction .................. $564,656,000

Advanced Weather Interactive Processing System (AWIPS).—The

Committee has included $16,000,000 for the AWIPS acquisition,

which is $1,300,000 below the request, and the same amount provided in current year. Funding will complete the second of a three

year effort to develop and deploy Build 5.0 software.

Next-Generation Radar (NEXRAD).—The Committee recommendation includes $8,200,000 for continued closeout activities

and planned product improvements at the current year level.

Polar and Geostationary Spacecraft and Launching Programs.— The Committee recommends a total of $497,789,000 for satellite development and procurement programs, $40,195,000 above fiscal

year 2000, and $6,654,000 below the request. This amount includes

$70,000,000 for NPOESS–Polar convergence, an increase of

$20,000,000 above the request. While the Committee’s constrained

allocation prevents fully funding this line item, the Committee considers this program to be a high priority. Should slippage occur in

any other program under the Systems Acquisition activity, the

NPOESS program should be the first priority for any reprogramming of funds.

NERRS Construction.—The recommendation includes $6,000,000

in construction funds to provide funding needed to supplement or

update facilities.

PACIFIC COASTAL SALMON RECOVERY FUND

The recommendation includes $58,000,000, the amount provided

in the current year, for the Pacific Salmon Recovery Fund. This

amount is $102,000,000 below the request. In the fiscal year 2000
89

Act, language was included to authorize the appropriation of funds

for fiscal year 2000. The Committee has included bill language

making fiscal year 2001 funds available subject to express authorization. The Committee’s recommendation does not include funding

for a vessel buy-back program.

COASTAL ZONE MANAGEMENT FUND

The Committee has included language in the bill, identical to

that included in fiscal year 2000, which makes available $4,000,000

in the Coastal Zone Management (CZM) Fund for administration of

the CZM program, and for State Development Grants in accordance

with the authorization set forth in Section 308(b)(2)(A) and

308(b)(2)(B)(v) of the Coastal Zone Management Act, and the National Estuarine Reserve program set forth in Section 315(e) of the

Coastal Zone Management Act. The budget included language to

transfer the funding to the Operations, Research, and Facilities account.

FISHERMEN’S CONTINGENCY FUND

The Committee recommends $951,000 for the Fishermen’s Contingency Fund, the full amount requested, and $2,000 less than

current year.

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 manmade obstructions related to oil and

gas exploration, development, and production on the Outer Continental Shelf.

FOREIGN FISHING OBSERVER FUND

The Committee recommends $189,000 for the Foreign Fishing

Observer Fund for fiscal year 2001, an amount equal to the current

year level and $2,000 below the request.

Fees paid into the Fund are collected from owners and operators

of certain foreign fishing vessels that fish within the United States

Fishery Conservation Zone and are intended to be used by the Secretary of Commerce to finance the cost of placing United States observers aboard such fishing vessels.

FISHERIES FINANCE PROGRAM ACCOUNT

The Committee recommends $238,000 in subsidy amounts for the

Fisheries Finance Program account, $100,000 below the fiscal year

2000 level due to the discontinuation of certain special programs.

The budget request included the following: an increase of

$1,928,000 for Fisheries Finance Program administrative costs;

$513,000 for a new 1% loan program; $2,000,000 for industry funded buyback loans; $1,000,000 in a subsidy loan program for

mariculture/aquaculture systems; and $950,000 for the Individual

Fishery Quota (IFQ) program. The recommendation does not include funding for any of these expanded programs and provides

funding at the current year level. In addition, language carried in

previous years is continued prohibiting loans under this account

from being made to purchase any new vessel that would increase

the harvesting capacity of any U.S. fishery.
90

GENERAL ADMINISTRATION

SALARIES AND EXPENSES

The Committee recommends $31,392,000 for the Commerce Department’s Salaries and Expenses appropriation for fiscal year

2001, the same amount available in fiscal year 2000 and a decrease

of $948,000 below the budget request. If additional funds are required, transfers under section 205 can be proposed for reprogramming. In addition, the Committee does not recommend a separate

appropriation for security, and maintains funding for Department

of Commerce bureaus within their respective budgets. Further, the

recommendation does not include a separate appropriation for

funding to create a new telecommunications structure for the Department.

The Committee recommendation does not include appropriations

requested under the Census Bureau to supplement funding requested by the General Services Administration (GSA) for architectural and design work related to the renovation of the Suitland facilities. The Committee is aware of the current deficiencies at the

Suitland facilities occupied by both the Census Bureau and NOAA.

However, to date, the Committee has not received a comprehensive

facilities plan for the Suitland facilities which addresses the shortand long-term plans to meet both agencies’ space requirements.

Further, it is unclear as to the funding responsibilities for the Bureau, NOAA, and the GSA. Therefore, the Department is directed

to provide the Committee no later than August 15, 2000, a comprehensive facilities plan which includes, but is not limited to, the

following: (1) the short- and long-term plans for the Census Bureau’s and NOAA’s continued use of Suitland facilities; (2) the total

costs associated with renovations to the Suitland facilities, including a breakdown, by fiscal year, of costs to be incurred by the Census Bureau, NOAA, and GSA; (3) a description and cost estimates

for any additional Census Bureau or NOAA facilities planned for

the Washington, D.C. area; and (4) a description of alternative options studied to address the needs at the Suitland facility.

This appropriation provides for the Office of the Secretary and

for staff offices of the Department which assist in the formulation

of policy, management, and administration.

Office Relocations.—The Committee continues its direction for

the Department to submit quarterly reports providing details of all

office moves, opening, reductions and closing, which will be considered as reprogrammings under section 605 of the Act.

OFFICE OF INSPECTOR GENERAL

The Committee recommends $21,000,000 for the Commerce Department’s Office of Inspector General for fiscal year 2001. This

amount is an increase of $1,000,000 above the current level, and

$1,726,000 below the request.

GENERAL PROVISIONS—DEPARTMENT OF COMMERCE

The Committee has included the following General Provisions for

the Department of Commerce that were included in the fiscal year

2000 Appropriations Act:
91

Section 201 makes Commerce Department funds in the bill 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 the Department in the bill

for salaries and expenses available for hire of passenger motor vehicles, and for services, uniforms and allowances as authorized by

law.

Section 203 prohibits any of the funds in the bill to be used to

support hurricane reconnaissance aircraft and activities that are

under the control of the United States Air Force or the United

States Air Force Reserve.

Section 204, modified as proposed, 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 in the conduct of the decennial census.

Section 205 provides the authority to transfer funds between Department of Commerce appropriation 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 provides that should legislation be enacted to reorganize the Department of Commerce, the Secretary shall submit a

plan for transferring such functions in accordance with the standard reprogramming procedures in this Act, and such reprogramming will not be subject to the limitations set forth in the standard

procedures.

Section 207 provides that any costs incurred by the Department

in response to funding reductions shall be absorbed within the total

budgetary resources available to the Department and shall not be

subject to the reprogramming limitations in this Act.

Section 208, allows the Secretary to award contracts for certain

mapping and charting activities in accordance with the Federal

Property and Administrative Services Act.

Section 209 allows the Department of Commerce franchise fund

to retain a percentage of earnings from services provided for capital

investments.

TITLE III—THE JUDICIARY

The funds recommended by the Committee in Title III of the accompanying bill are for the operation and maintenance of United

States Courts and include the salaries of judges, magistrates and

supporting personnel and other expenses of the Federal Judiciary.

The appropriation request submitted for fiscal year 2001 for the

Judiciary totals $4,421,987,000. Of this amount, $288,979,000 is associated with the salaries and retirement expenses of Supreme

Court Justices, Article III Judges and Bankruptcy Judges and payments to Judiciary retirement funds and is considered mandatory

for scorekeeping purposes. The remainder of the request,

$4,133,008,000, which is considered discretionary for scorekeeping

purposes, represents an increase of $454,034,000 over the enacted

amounts for fiscal year 2000.
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The Judiciary submits its budget request based on total obligations, including appropriated funds and funds available from other

sources, including fees and carryover. The large increases requested in the Judiciary’s budget result from tighter budgets in the

recent past, which have led to a decline in available carryover. This

means that additional appropriations are required for the upcoming fiscal year just to maintain the same level of resources as the

Judiciary received in this fiscal year. The amounts appropriated

herein should be supplemented with carryover balances to ensure

the provision of current services as well as a handful of new initiatives and are not intended to provide for the complete restoration

of carryover balances. Assuming the decline in such balances continues, the appropriation to the Judiciary may continue to appear

large in relation to the level provided in the previous year.

The Committee recommendation provides $4,207,691,000, of

which $288,979,000 is for mandatory salary and retirement expenses of the Justices and judges, the same as the request. The

recommendation includes $3,918,712,000 for the discretionary programs of the Judiciary. This amount is $214,296,000 below the request, and is $248,399,000 above the amount provided for the current fiscal year. This increase is provided to pay the estimated fiscal year 2001 costs of the ongoing activities of the federal courts,

to allow for some increases in staff, and to accommodate a small

increase in panel attorney rates of pay.

Optimal Utilization of Judicial Resources.—In response to the requests of the Committee in previous years, the Judicial Conference

has submitted reports to the Congress on the optimal utilization of

judicial resources. The requests arose out of concerns about the

ability of the Congress to sustain the appropriations levels for the

Judicial Branch in the context of the desire of the American public

to balance the budget and reduce the deficit. The Committee believes that a number of useful recommendations have resulted from

this process and that an annual report on efficiency improvements

remains useful, and looks forward to a review of new avenues the

Committee may explore to ensure the optimal utilization of resources.

SUPREME COURT OF THE UNITED STATES

The Committee recommends a total of $44,312,000 for the Supreme Court of the United States for fiscal year 2001, $818,000

above fiscal year 2000, and $963,000 below the request. The total

amount is provided in two separate appropriations accounts, as follows:

SALARIES AND EXPENSES

The Committee recommends an appropriation of $36,782,000 for

fiscal year 2001 for the salaries and expenses of the Justices and

their supporting personnel, and the cost of operating the Supreme

Court, excluding the care of the building and grounds. The recommendation is $1,209,000 more than the current year appropriation, and is $963,000 below the Court’s full request. It provides the

amount required to maintain the current level of activities, and

$108,000 for additional personnel as requested by the Court.
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Law Clerk Selection.—In hearings before the Committee, a concern was raised about the number of minority and women law

clerks at the Supreme Court. The Justices who testified at the

hearing responded by stating that there is a ‘‘heightened awareness’’ about this issue. The Justices have had a number of discussions with circuit court judges and law professors in an attempt to

expand the pool of applicants from which clerks are chosen. The

Court has been responsive to the Committee in providing information regarding its hiring practices. The Committee appreciates the

efforts of the Court and looks forward to continuing progress in this

matter.

CARE OF THE BUILDING AND GROUNDS

The Committee recommends an appropriation of $7,530,000 for

fiscal year 2001 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 the full amount requested and is $472,000 below the current year appropriation. Language in the bill allows $4,460,000 of the appropriation to remain available until expended, the amount requested in the budget, compared to $5,101,000 in the fiscal year 2000 bill.

UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT

SALARIES AND EXPENSES

The Committee recommends an appropriation of $17,846,000 for

fiscal year 2001 for the salaries and expenses of the United States

Court of Appeals for the Federal Circuit. The Committee recommendation is $1,049,000 above the current year appropriation,

and is $1,687,000 less than the request.

The Committee recommendation maintains funding at a current

services level of operation. No funding is provided for additional

staff.

UNITED STATES COURT OF INTERNATIONAL TRADE

SALARIES AND EXPENSES

The Committee recommends an appropriation of $12,299,000 for

fiscal year 2001 for the salaries and expenses of the United States

Court of International Trade, which is $207,000 below the amount

requested and $342,000 above the fiscal year 2000 enacted appropriation. The Committee recommendation maintains funding at a

current services level of operation.

COURTS OF APPEALS, DISTRICT COURTS, AND OTHER JUDICIAL

SERVICES

SALARIES AND EXPENSES

The Committee recommends total funding of $3,560,291,000 for

this account for fiscal year 2001, made up of $3,328,778,000 in appropriated funds and $231,513,000 from other sources. 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 rental charges

for space and facilities.
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The Judiciary submits its budget request based on total obligations, including appropriated funds and funds available from other

sources, including current year fee collections and unobligated balances carried over from the previous year. The Judiciary’s revised

budget request assumes a total funding requirement for fiscal year

2001 of $3,679,477,000, of which $231,513,000 is derived from other

sources of funding and $3,447,964,000 is derived from appropriations in this account. The Judiciary reduced its fiscal year 2001 appropriation estimate by $53,332,000 below the original request primarily because of higher than anticipated carryover from fiscal

year 2000. The Committee recommends appropriations of $3,328,778,000, which is $214,101,000 above the fiscal year 2000 enacted appropriation, and is intended to allow the Judiciary to continue operating at their current level of operations. In addition, the Committee intends that funds provided in excess of amounts necessary

to maintain current services will be used to address some of the

staffing shortfall resulting from increased judicial needs along the

Southwest Border.

In the language in the bill, $17,817,000 is permitted to remain

available until expended for space alteration projects, as requested,

which is $1,333,000 below the $19,150,000 included in the fiscal

year 2000 bill.

Southwest Border.—The Committee is aware of the growth in

workload facing federal courts nationally and especially along the

Southwest Border. Over the last six years, criminal cases in the

Southwest have grown by 125 percent, while Probation Officers

and other court staff have grown by only 30 percent. The increase

in appropriations recommended by the Committee for this account,

along with other known sources of funds, will allow the Judiciary

to maintain existing staffing levels and fully funds uncontrollable

cost increases for pay, rent and other operating expenses. However,

the funds made available may fall short of the amounts needed to

address the growing workload. Historically, the Judiciary has been

able, as the fiscal year progresses, to identify additional prior year

unobligated balances to supplement appropriated funds. Should

amounts available for obligation exceed amounts necessary to

maintain current services or should prior year unobligated balances

be forthcoming, the Committee expects the Judiciary to direct them

to address staffing needs in courts which are experiencing significant workload increases, especially as a result of the demands

along the Southwest Border.

VACCINE INJURY COMPENSATION TRUST FUND

The Committee recommends a reimbursement of $2,600,000 for

fiscal year 2001 from the Special Fund to cover expenses of the

Claims Court associated with processing cases under the National

Childhood Vaccine Injury Act of 1986. This is $85,000 above the

amount provided in the current fiscal year.

DEFENDER SERVICES

The Committee recommends total funding of $428,417,000 for

this account for fiscal year 2001, made up of $420,338,000 in appropriated funds and $8,079,000 in prior year unobligated balances.

The recommendation represents an increase of $35,243,000 above
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the current year appropriation. This account provides funding for

the operation of the Federal Public Defender and Community Defender organizations and for compensation and reimbursement of

expenses of panel attorneys appointed pursuant to the Criminal

Justice Act (CJA), as amended, for representation in criminal

cases.

This recommendation is based on the latest estimated base requirements provided by the Administrative Office of the Courts,

which allows for the anticipated growth in CJA representations

and costs, as well as a $5.00 hourly rate increase for CJA private

panel attorneys. In addition, while the recommendation does not

include $600,000 in requested program increases to open two new

federal defender organizations, the Committee will entertain a reprogramming for this purpose should a source of funds be identified at a later date.

Panel Attorney Rate Increase.—The Judiciary’s budget request included $11,336,000 for the fiscal year 2001 cost of a rate increase

from the present rate in most jurisdictions of $70 in-court and $50

out-of-court to $75 an hour for all time. The Committee is generally

supportive of an increase, and proposes an increase to $75/$55 at

this time.

Capital Habeas Corpus Costs.—Over the past several years the

Committee has expressed concern about the high cost of capital habeas corpus representations in the Ninth Circuit, and in particular

in California Districts, compared to the rest of the nation. The

Committee recently received a report from the Judiciary that the

Ninth Circuit has undertaken a series of measures designed to reduce costs and that those measures appear to be working, as evidenced by the 40 percent reduction in the average annual cost per

petitioner in the Ninth Circuit. The Committee commends the

Ninth Circuit for its outstanding effort to date to reduce costs, but

must point out that the average cost in California is still almost

twice that of the national average. Accordingly, the Committee

urges the Ninth Circuit to continue its cost cutting efforts and to

include results in the Optimal Utilization of Judicial Resources Report.

FEES OF JURORS AND COMMISSIONERS

The Committee recommends total funding of $64,192,000 for this

account for fiscal year 2001, made up of $60,821,000 in appropriated funds and $3,371,000 from other sources of funds. This

amount is $97,000 below the current year appropriation and is

equal to the request. The reduction in the request is associated

with a projected decrease in the number of juror days and an increase in amounts of carryover projected to be available in fiscal

year 2001.

COURT SECURITY

The Committee recommends an appropriation of $198,265,000 for

Court Security for fiscal year 2001 to provide for necessary expenses of security and protective services for the United States

Courts in courtrooms and adjacent areas. This is $5,237,000 more

than was appropriated in fiscal year 2000 and provides full base

adjustments but no program enhancements.
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Language in the bill clarifies the responsibilities of the U.S. Marshals Service to provide protective guard services in courtrooms

and adjacent areas. Language also allows up to $10,000,000 in

court security funding to remain available until expended.

ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS

SALARIES AND EXPENSES

The Committee recommends an appropriation of $58,340,000 for

the salaries and expenses of the Administrative Office of the

United States Courts for fiscal year 2001, which is $3,340,000

above amounts provided in fiscal year 2000 and $2,875,000 below

the request. The Committee recommendation maintains funding at

a current services level of operation.

The Administrative Office (AO) provides administrative and

management support to the United States Courts, including the

probation and bankruptcy systems. It also supports the Judicial

Conference of the United States in determining judiciary policies;

developing methods to allow the courts to conduct business efficiently and economically; and enhancing automation and technology in the courts.

The AO has requested additional funds in order to provide the

resources needed for an ever-growing population of judges and

court personnel. In addition these resources may be needed if the

AO is to implement the numerous automation and technology

projects being developed for the courts. Historically, the Judiciary

has been able, as the fiscal year progresses, to identify additional

prior year unobligated balances to supplement appropriated funds.

Should such other sources of funds be forthcoming, the Committee

would consider a request from the Administrative Office to use

such funds for those purposes.

Language is included in the bill permitting not to exceed a total of $8,500 for official reception and representation expenses.

FEDERAL JUDICIAL CENTER

SALARIES AND EXPENSES

The Committee recommends an appropriation of $18,777,000 for

the salaries and expenses of the Federal Judicial Center for fiscal

year 2001, which is $560,000 below the request. The Committee

recommendation maintains funding at a current services level of

operation.

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.

Distance Learning.—The Committee is interested in the impact

of technology in our courts and has requested a new report from

the Federal Judicial Center, to be written in conjunction with the

Administrative Office of the U.S. Courts. Of particular interest is

the progress being made by the Center to increase the use of distance learning for its education programs. Distance learning provides a cost-effective alternative for many court education and

training programs that reduces travel costs and time spent away

from judicial duties.
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JUDICIAL RETIREMENT FUNDS

PAYMENT TO JUDICIARY TRUST FUNDS

The Committee recommends $35,700,000 for payments to the Judicial Officers’ Retirement Fund and the Claims Court Judges Retirement Fund for fiscal year 2001. This amount is the same as the

budget request, and $4,000,000 below the current year. These payments are considered mandatory for budget scorekeeping purposes.

The increase is based on the latest estimate of the requirements for

the Funds.

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.

UNITED STATES SENTENCING COMMISSION

SALARIES AND EXPENSES

The Committee recommends $9,615,000 for the salaries and expenses of the United States Sentencing Commission for fiscal year

2001, which is $1,115,000 above the current year’s appropriation

and $985,000 below the Commission’s full 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

operation of the guidelines and to identify and report necessary

changes to the Congress.

The Committee recommendation will allow the Commission to

begin to bring the staff back up to fiscal year 1998 levels. With the

additional funds recommended for fiscal year 2001, the Committee’s intent is to assist the Commission in its effort to address: (1)

the backlog in workload that occurred due to the vacancies in Commissioners in fiscal year 1999 and part of fiscal year 2000; and (2)

a large number of conflicts among the circuit courts.

GENERAL PROVISIONS—THE JUDICIARY

The Committee has included the following general provisions in

the bill for the Judiciary:

Section 301 provides language, included in previous Appropriations Acts, to permit funds in the bill 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 provides language, included in previous Appropriations Acts, which permits up to five percent of any appropriation

made available for fiscal year 2001 to be transferred between Judiciary appropriations accounts with the proviso that no appropriation shall be decreased by more than 5 percent or increased by

more than 10 percent by any such transfer except in certain circumstances. In addition, the language provides that any such

transfer 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 procedure set

forth in that section.
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Section 303 provides language included in previous Appropriations Acts permitting not to exceed $11,000 for official reception

and representation expenses incurred by the Judicial Conference of

the United States.

Section 304 provides language requested by the Judicial Conference to authorize the Judiciary to appoint statutory certifying officers who will be responsible for verifying receipt of goods and

services and ensuring the availability of funds to pay for those

goods and services. These officers will also be liable for the propriety of payments that they certify. The authorities granted by

this section are identical to the certifying officer authority currently available to Executive Branch agencies.

The committee has deferred without prejudice the request for

language to provide a salary adjustment for Justices and judges in

fiscal year 2001.

TITLE IV—DEPARTMENT OF STATE AND RELATED AGENCY

In total, the recommendation in this Title for the Department of

State and the Broadcasting Board of Governors includes

$6,558,149,000, which is $405,383,000 below the budget request,

and $256,031,000 above the amount provided in fiscal year 2000.

Of the total amount provided, $6,426,925,000 is derived from general purpose discretionary funds and $131,224,000 is scored as

mandatory spending. The major area of increase for fiscal year

2001 is in funding provided for worldwide security upgrades. The

recommendation includes the full requested funding,

$1,058,000,000, to continue the activities funded in fiscal years

1999 and 2000, including the design and construction of replacement facilities for the most vulnerable overseas posts. The recommendation does not include advance appropriations of

$3,350,000,000 requested by the Department.

The major area of reduction from the budget request relates to

funding for international organizations. The recommendation includes $306,121,000 less than the amounts requested for contributions to international organizations, and contributions for international peacekeeping activities. These reductions are further explained under those headings. Leaving aside the funding provided

for worldwide security upgrades, the funding under this Title is

$237,035,000 below the fiscal year 2000 level.

DEPARTMENT OF STATE

The Committee recommends a total of $6,120,014,000 for fiscal

year 2001 for the Department of State. This amount is

$395,246,0000 less than the budget request for fiscal year 2001,

and $239,670,000 more than the amounts appropriated for fiscal

year 2000. Of the total amount provided, $5,988,790,000 is derived

from general purpose discretionary funds and $131,224,000 is

scored as mandatory spending.

The Committee recommendation for discretionary appropriations

includes a total of $4,523,642,000 for the discretionary appropriation accounts under Administration of Foreign Affairs;

$1,378,605,000 for the appropriation accounts under International

Organizations and Conferences; $46,580,000 for International Commissions; and $39,963,000 for Other activities. The Committee’s
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recommended priorities for the Department of State are delineated

in the following paragraphs.

ADMINISTRATION OF FOREIGN AFFAIRS

DIPLOMATIC AND CONSULAR PROGRAMS

The Committee recommends $3,099,825,000 for the Diplomatic and Consular Programs account, including $410,000,000 set aside

to continue funding for worldwide security upgrades and

$246,644,000 for public diplomacy international information programs.

This appropriation provides for the formulation and execution of

United States foreign policy, including the conduct of diplomatic

and consular relations with foreign countries, diplomatic relations

with international organizations and related activities. The account

includes funding for all of the program and operations bureaus and

offices of the Department of State and the Foreign Service. The recommendation represents a reduction of $4,500,000 from

the budget request for the functions funded in this account and an

increase of $276,000,000 above the fiscal year 2000 appropriation.

The recommendation of $410,000,000 for worldwide security upgrades is $156,000,000 above the fiscal year 2000 level and the

same amount as requested. Exclusive of security programs, the recommendation represents an increase of $120,000,000 above fiscal

year 2000, which is sufficient to allow the Department to continue

operations at current levels, and without having to close facilities

or reduce staffing.

Changes from the Budget Request.—The Committee recommendation does not include requested increases for non-security program

expansions in this account. As in past years, the Committee expects that there will be additional savings available to the Department including exchange rate gains and vacancies in funded positions. The Department will have the ability to propose that savings

be used for needs not funded by the recommendation through the

normal reprogramming process.

Reform and Restructuring.—The Committee continues to support

the combination of similar activities and the achievement of all

possible efficiencies in the management of a consolidated State Department. In the report accompanying the fiscal year 2000 Appropriations Act, the Committee expressed disappointment that the

Department’s reorganization plan to integrate the U.S. Information

Agency and the Arms Control and Disarmament Agency did not include streamlining measures, as called for in Section 1601(a)(5) of

the Foreign Affairs Reform and Restructuring Act. The Department

did not take advantage of this unprecedented opportunity to initiate a top-to-bottom restructuring, and to propose the necessary

steps to improve the operations and management of the Department. The Committee remains convinced that the Department’s bureaucratic structure and inadequate attention to management

issues hamper its effectiveness and efficiency. For this reason the

Committee recommendation includes two general provisions under

this title to address organizational concerns: one to designate a specific number of Deputy Assistant Secretaries of State; and one to

create the position of Deputy Secretary of State for Management

and Resources. The Committee directs the Department to submit
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a corresponding reorganization plan by December 31, 2000, under

the regular reprogramming process.

Public Diplomacy.—The recommendation includes language,

similar to language included in the fiscal year 2000 bill, specifying

that $246,644,000 is available only for Public Diplomacy programs.

The integration of USIA in fiscal year 2000 resulted in public diplomacy resources being spread across several different bureaus. The

Committee believes that separately identifying these resources will

facilitate the Committee’s ability to monitor funding levels and

trends for these activities. The amount identified for public diplomacy programs includes the costs of personnel and programs

throughout the Department, and is the same as the amount requested for these activities.

Worldwide Security Upgrades.—The Committee recommendation

includes $410,000,000, the full amount requested under Diplomatic

and Consular Programs, for the costs of worldwide security upgrades. This funding includes $328,000,000 to provide full year

costs of maintaining base security activities at current levels. These

activities include guard services, physical security equipment, armored vehicles, personnel, training and wireless communications.

In addition, the recommendation includes $66,000,000 for a perimeter security initiative. This initiative will enable the Department

to complete perimeter security upgrades at 62 posts in fiscal year

2001. The recommendation also includes $16,000,000 to support additional staffing in the Bureau of Diplomatic Security, including 85

special agents, 40 security engineers and technicians, and 37 support staff. Since the embassy bombings in Nairobi and Dar es Salaam, the Bureau of Diplomatic Security has been operating at a

heightened state of alert, and the Committee has provided over

$3,000,000,000 to the Department to carry out critical security programs. This staffing increase will ensure that sufficient resources

are allocated to address the new threat level overseas, to improve

the management of overseas security improvement programs, and

also to maintain domestic protective and other responsibilities. The

Department shall submit a detailed spending plan by December 31,

2000, for the entire amount provided for worldwide security upgrades.

Carrying out the recommendations of the Overseas Presence Advisory Panel (OPAP).—The Committee notes that the Department

has begun efforts to implement the recommendations of the Overseas Presence Advisory Panel (OPAP), issued in November, 1999.

Some of the recommendations are limited to changes within the

Department, but others call for interagency mechanisms to better

coordinate, rationalize and manage the overall deployment of U.S.

Government personnel overseas. The Department shall submit an

interim report, by November 30, 2000, detailing all actions taken

to date in response to each OPAP recommendation.

• Right-Sizing: The Committee notes, with concern, that the Department has been designated to lead the interagency effort to determine the right size and sites for our overseas presence. The

Committee has directed the Department over the last several years

to take various measures to rationalize staffing levels and to align

staffing with foreign policy objectives. Those efforts have borne few

results, largely because the Department does not have the authority to overrule other agencies’ decisions regarding overseas pres-
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ence. The Committee remains convinced that the proliferation of

overseas staff without regard to mission priorities, and the duplication of effort overseas due to the absence of interagency coordination remain significant problems. The Committee agrees with the

OPAP that right-sizing can result in significant overall budget savings by reducing the size of overstaffed posts. The Committee is

aware of initial interagency visits to five posts to undertake a detailed review of the U.S. presence at those posts. The Committee

looks forward to reviewing the findings and recommendations resulting from those efforts, and expects the report mentioned above

to contain a blueprint for how staffing will be reduced at

overstaffed posts and how staffing decisions and limitations will be

enforced. The report shall also contain a plan for carrying out the

right-sizing agenda to all other posts worldwide. • Managing Overseas Facilities: The Committee is also concerned that the Department has dismissed, without further review,

the Panel’s recommendation to create a new Federally chartered

government corporation to exercise responsibility for building, renovating, maintaining, and managing the Federal Government’s civilian overseas facilities. The Committee expects the Department to

submit a separate report on this recommendation, which is further

described under the Embassy Security, Construction, and Maintenance account.

Border Security Program.—The Department’s budget submission includes funding of $373,453,000 for the Department’s Border Security program, to be funded through collection of Machine Readable

Visa (MRV) fees. Based on information from the Department, the

Committee expects there to be $97,300,000 in carryover funds from

fiscal year 2000, and as a result has capped expenditure of fees collected in fiscal year 2001 at $342,667,000, with funds collected in

excess of that amount available for expenditure in fiscal year 2002.

This is consistent with the way offsetting fee collections are treated

throughout the bill, and assures that the Congress has the ability

to monitor how these funds are being expended.

Security.—The Committee chastises the Department for its mismanagement of security responsibilities, which have resulted in

several damaging and embarrassing episodes over the past two

years. The Committee expects the Department to propose organizational and procedural reforms, as necessary, to immediately correct

these grievous deficiencies.

Minority Recruitment and Hiring.—The Committee notes that

the Department has identified $2,000,000 in fiscal year 2000 to improve efforts to recruit members of minority groups for careers in

the Foreign Service and international affairs. The recommendation

includes resources to continue this effort, and the Committee expects the efforts in this regard to reflect input provided to the Department by interested Members of Congress. The Committee directs the Department to submit a plan of action on minority recruitment and hiring within 60 days after the enactment of this

Act, and a progress report no later than six months after the enactment of this Act. In addition, the Committee encourages the Department to initiate a model program to facilitate the entry of nontraditional and minority students into foreign policy and national

security careers by establishing training and education partnerships with interested institutions.
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Other issues.—The Committee again commends the Consolidated

Overseas Schools Assistance Program for its continuing effectiveness in improving the quality of education for dependent children

of American families living abroad. The Consolidated Overseas

Schools Assistance Program fulfills the dual purpose of providing

a quality, American-style education for children of Americans assigned overseas and demonstrating American educational philosophy and practice to children of other countries and local educators. The Committee also commends the continuing contribution

of the Overseas Schools Advisory Council and its Program of Educational Assistance that helps to provide educational excellence to

American-sponsored overseas schools. In addition, the Council successfully promotes financial and in-kind support to the schools from

American businesses and foundations, as well as volunteer participation in activities of the schools by U.S. firms’ employees and

their spouses stationed overseas.

In addition, the Committee expects the Department to work with

the Department of Justice to bolster efforts to negotiate effective

extradition treaties.

The Committee is aware of reports that American companies

with facilities in Peru have experienced unfair treatment by the

government of Peru. The Committee urges the State Department

to continue its close monitoring of the actions of the Peruvian government, and to take the appropriate steps necessary to ensure

that U.S. companies are treated fairly by all governmental agencies

within Peru.

The Committee has included language in the bill which: (1) permits not to exceed $4,000,000 to be transferred to the Emergencies

in the Diplomatic and Consular Service account for emergency

evacuations and terrorism rewards; (2) provides $1,252,000 in fees

collected from other Executive Branch agencies and $490,000 from

reserves for lease or use of facilities at the International Center

Complex, as authorized by law; (3) provides not to exceed $15,000

from reimbursements, surcharges, and fees for use of Blair House

facilities in accordance with the State Department Basic Authorities Act of 1956; (4) allows advances for certain services to be credited to this account and remain available until expended; and (5)

makes not to exceed $6,000,000 in fee collections available until expended for various activities. The recommendation does not include

requested language to permanently authorize the collection of MRV

fees, or language allowing transfers from this account for the Presidential Advisory Commission on Holocaust Assets in the United

States.

CAPITAL INVESTMENT FUND

The Committee recommends $79,670,000 for the Capital Investment Fund, the same level as available in fiscal year 2000 and

$17,330,000 below the request. In addition, the budget request estimates that an additional $63,000,000 in expedited passport fees

will be used to support the computer modernization effort, for a

total fiscal year 2001 spending availability of $142,670,000.

Within the amount available, the Department shall allocate

$17,000,000 to establish a common technology platform at selected

overseas posts pursuant to the recommendations of the Overseas

Presence Advisory Panel. The Committee expects the Department
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to submit a plan for the expenditure of resources for this initiative

by December 31, 2000, in accordance with section 605 of this Act.

This plan should include a multi-year budget and schedule to

achieve a common technology platform at every overseas post, including proposals to equitably share the costs of this interagency

effort. With the Year 2000 modernization effort complete, and the

cost of that effort non-recurred, the Committee expects the establishment of a common overseas technology platform to be the Department’s highest priority technology objective.

This account supports the Department’s effort to modernize its

information technology infrastructure. The amount provided under

this heading, when combined with expedited passport fees, the portion of Machine Readable Visa fees used for consular affairs technology improvements, and amounts for information resource management in other Administration of Foreign Affairs accounts, results in a Department-wide information resource budget of

$491,911,000. This represents approximately 14 percent of the Department’s total operating budget—a larger percentage than is allocated to the Diplomatic Relations, Public Diplomacy, or Consular

Relations functions.

The Committee is concerned that this enormous investment in

technology infrastructure is not clearly linked to quantifiable

achievements and efficiencies, either overseas or domestically. The

Committee directs the Department to submit, by December 31,

2000, a detailed list of modernization projects undertaken since the

inception of the modernization program, and the specific efficiencies and savings that have resulted, or will result, from each.

OFFICE OF INSPECTOR GENERAL

The Committee recommends $28,490,000 for the Office of Inspector General (OIG), which is $1,108,000 above the current year

level, and $1,012,000 below the budget request. The Inspector General conducts oversight at the State Department and the Broadcasting Board of Governors. The Committee recommendation includes funding for OIG oversight of the Department’s efforts to implement worldwide security upgrades.

The Committee recommends that the Inspector General exercise

appropriate oversight over the programs for International Commissions and International Broadcasting funded under this title.

The bill includes language, as in previous years, waiving the

statutory requirement that every post be inspected every five years,

in order to provide greater flexibility to the Inspector General to

utilize resources in the most productive areas.

EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS

The bill includes a total of $213,771,000 for the Educational and

Cultural Exchange Programs of the Department of State. This

amount is $8,771,000 above the fiscal year 2000 level, and

$11,229,000 below the budget request. The recommended amount

provides the amount requested for adjustments to base in this account. In addition to the amount provided under this heading, the

Department expects to receive transfers from appropriations for

Freedom Support Act exchange programs with nations of the

former Soviet Union. In fiscal year 2000, the Department received
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transfers of approximately $93,000,000 in this account for such programs.

Funding provided under this heading supports international educational and cultural exchange programs including the Fulbright

student and scholar exchanges and the International Visitors Program, as well as staff costs to implement these and other exchange

programs. To the maximum extent possible, the Committee urges

that the following exchange programs be supported: the CongressBundestag Youth Exchange Program, the Disability Exchange

Clearinghouse, Educational Advising and Counseling, Citizen Exchange programs (including continued funding for traditional public/private partnership grants), interparliamentary exchanges with

China and Korea, the Youth Science Leadership Institute of the

Americas, Muskie Fellowships, the Regional Scholar Exchange Program, and student exchanges with Tibet, the South Pacific and

East Timor. With respect to the Congress-Bundestag Program, the

Committee intends that the amount provided will support 380 exchanges in fiscal year 2001, the same level as in fiscal year 2000.

With respect to exchanges with the newly independent states of the

former Soviet Union (NIS), the Committee expects that funding

provided under this heading shall be allocated in recognition of the

amounts available for similar programs via transfer from other

appropriations.

The Committee notes that funding provided under this account

supports the Working Group on United States Government Sponsored International Exchanges and Training. This Working Group

is charged with identifying the most efficient and cost-effective uses

of Federal resources for international exchanges. The Committee

encourages the Working Group and the Department to ensure

interagency cooperation and efficiency, and to identify unnecessary

duplication in carrying out all exchange programs, particularly

those with the independent states of the former Soviet Union.

The Committee recommendation includes a limitation of not to

exceed $800,000 on the use of fees or other payments received from

or in connection with English teaching and publication, and student advising and counseling programs as authorized by law.

The Committee supports educational advising and counseling

programs that enable foreign students to make informed choices

about attendance at American colleges and universities. The Committee urges the Department to fund these programs to the maximum extent possible, while continuing to encourage cost sharing

by non-profit organizations.

The Committee supports efforts to open up the administration of

exchange programs for competition. These steps allow more organizations to compete, including those having expertise in specific regions of the world. The Committee encourages the Department of

State to continue such efforts to expand competition in all exchange

programs.

The Committee expects that a proposal for the distribution of

available resources among exchange programs will be submitted

through the normal reprogramming process and within 60 days

from the date of enactment of this Act.

The Committee notes that exchange programs owe their success

in great measure to the partnerships that exist between the Federal government and private, nonprofit U.S. organizations, as such
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programs are carried out through grants and cooperative agreements. The Committee urges the Department to renew and sustain

the existing partnerships with U.S. exchange organizations, and to

fully utilize the expertise and experience of such organizations.

REPRESENTATION ALLOWANCES

The Committee recommends $5,826,000 for representation allowances authorized by section 905 of the Foreign Service Act of 1980.

This is the same as the amount available in the current fiscal year,

and $147,000 below the budget request. These funds are used to reimburse 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.

PROTECTION OF FOREIGN MISSIONS AND OFFICIALS

The Committee recommends a total of $8,067,000 for the Protection of Foreign Missions and Officials account. This is the same as

the amount available in fiscal year 2000, and $2,423,000 below the

budget request.

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 believes

that local jurisdictions incurring such costs must submit a certified

billing for such costs in accordance with program regulations. The

Committee also believes that in those instances where a local jurisdiction will realize a financial benefit from a visit by a foreign dignitary through increased tax revenues, 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.

Of the total amount recommended, $1,300,000 is available for

protection of foreign diplomats and their families throughout the

United States. The Foreign Missions Act of 1982 authorizes the

provision of such services when necessary either at the request of

a foreign mission or on the initiative of the Secretary of State. In

these situations, where State and local authorities cannot provide

the security required, the Act permits the Department of State to

employ the services of private security firms.

Of the total amount recommended, $6,767,000 is allocated to reimburse New York City for the protection of foreign missions and

officials accredited to the United Nations and other international

organizations. These funds provide for the costs of guard posts and

security escort and motorcade services to foreign missions and personnel assigned to the United Nations.

The bill includes language making these funds available until

September 30, 2002, as requested in the budget.

EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE

The Committee recommends a total appropriation of

$1,064,976,000 for Embassy Security, Construction, and Mainte-
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nance. This is $325,618,000 above the amount available in fiscal

year 2000, and $14,202,000 below the budget request. The recommendation designates $648,000,000 as available only for priority

worldwide security upgrades, acquisition, and construction, the full

amount requested for such activities. The recommendation includes

$416,976,000 for non-security related costs, which is $8,765,000

below fiscal year 2000 and $14,202,000 below the budget request.

The recommendation does not include $3,350,000,000 requested as

an advance appropriation for fiscal years 2002–2005.

This account provides funding to the Department to manage U.S. Government real property worth more than $10,000,000,000 in

over 200 countries, including maintaining 3,000 Government-owned

and long-term leased properties at 250 posts, and leasing approximately 1,100 office and functional facilities and 8,000 residential

units, not only for the Department of State, but for all U.S. employees overseas. The Department’s latest inspection and survey identified in excess of 4,200 maintenance and repair needs, as well as

major rehabilitation requirements.

Worldwide Security Upgrades.—The Committee recommendation

includes $648,000,000 for security projects, the full amount requested, including $500,000,000 for the security capital program.

The recommended amount for the security capital program will

support the costs of completing at least seven embassy or consulate

facilities for which site acquisition and/or design has been provided

in previous fiscal years. In addition, this amount will support planning activities and acquisition of an estimated eight new sites. The

Committee does not approve the use of $50,000,000, as requested,

to construct new facilities for the U.S. Agency for International Development in Kampala, Uganda, and Nairobi, Kenya. Appropriations requirements of the U.S. Agency for International Development fall under the jurisdiction of the Foreign Operations, Export

Financing and Related Programs Subcommittee. Therefore, the

Committee directs the Department to use this $50,000,000 for additional costs of relocating embassy and consulate facilities at highrisk overseas posts, subject to the Committee’s approval of a spending plan through the normal reprogramming process. The Committee expects that a proposed spending plan for the entire amount

of available resources provided for worldwide security upgrades will

be submitted through the normal reprogramming process within 60

days from the date of enactment of this Act. The Committee expects the Department to notify it immediately if there are any facilities that the Department believes face serious security risks.

Capital Program.—The Committee recommendation does not include any funding for the non-security capital program, as none

was requested. Funds were provided in fiscal year 2000 for costs

of acquiring a consulate site and housing in China.

Physical Security Upgrades.—The Committee recommends

$16,700,000 for physical security upgrades, the amount of the

budget request. This amount includes $10,900,000 for the Department’s share of a joint program to acquire living quarters to enable

the deployment of Marine Security Guards to selected posts that

currently lack such support.

Post Communication Support.—The Committee recommendation

of $5,977,000 for post communication support provides the level appropriated in fiscal year 2000.
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Administration.—The Committee recommendation of $20,334,000

for Administration of this account provides the fiscal year 2000

level, instead of $20,412,000 as requested.

Responding to the Recommendations of the Overseas Presence Advisory Panel.—The Committee directs the Department to vigorously

pursue the recommendations of the Overseas Presence Advisory

Panel that pertain to the security of facilities, management of overseas property, and the size and location of overseas posts. • All diplomatic facility construction and major renovation/rehabilitation projects funded under this account, including from assets

management funds, shall result in facilities that fully comply with

the Department’s security standards. • The Committee directs the Department to submit, by December 31, 2000, a plan to implement the Panel’s recommendation to

establish a new federally chartered government corporation to exercise responsibility for building, renovating, maintaining, and managing the Federal Government’s civilian overseas facilities. Such a

plan shall retain the approval and oversight roles and responsibilities of the Secretary of State and the Congress. • The Committee expects the Department to continue to pursue

an Administration-wide process of determining the right size and

makeup of overseas posts. The Committee expects that this process

will include down-sizing and regionalization of overseas staffing

pursuant to efficiency and security improvements. The justification

for all facilities projects funded under this account must include a

full explanation of regional efficiency and security planning, and

related staffing assumptions.

Assets Management.—The budget request designates $67,000,000

in assets management funds planned for expenditure in fiscal year

2001. The Committee expects that these funds will be used for opportunity purchases to replace uneconomical leases, and for continued costs of developing the new embassy compound in Seoul, South

Korea. In addition, as in previous years, the Committee expects

that assets management funds will continue to be allocated in part

to security construction needs. Any use of these or additional assets

management funds in fiscal year 2001 is subject to reprogramming.

In addition, with respect to the requirement that a reprogramming

for any major new start be submitted, the Committee understands

that requirement to mean that rehabilitation or construction of

projects involving ambassador’s residences will be subject to the requirement.

The recommendation includes language, as requested, clarifying

that amounts available for representation may be used both domestically and overseas, and language carried in the bill in previous

years which prohibits funds from being used for acquisition of furniture and furnishings and generators for other departments and

agencies.

EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE

The Committee recommends $5,477,000 to enable the Secretary

of State to meet unforeseen emergencies arising in the Diplomatic

and Consular Service. This amount is the same as is available in

fiscal year 2000 and $5,523,000 below the budget request. The

Committee does not provide the requested increase for evacuations

and other activities, and notes that the Department had $7,500,000
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in carryover funding available in fiscal year 2000 and projects a

similar carryover amount into fiscal year 2001. Funding provided

in this account is available until expended.

The Committee has included a provision in the bill that permits up to $1,000,000 to be transferred from this account to the Repatriation Loans Program account, as requested in the budget. This provision will ensure an adequate level of resources for loans to American citizens through the Repatriation Loans Program account

should that account require additional funds in fiscal year 2001

due to an unanticipated increase in the number of loans needed.

The appropriation provides resources for the Department of State

to meet emergency requirements in the conduct of foreign affairs.

The Committee recommendation provides funds for: (1) travel and

subsistence expenses for relocation of American employees of the

United States Government 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; and

(3) payment of rewards for information concerning terrorist activities.

REPATRIATION LOANS PROGRAM ACCOUNT

The Committee has included $591,000 for the subsidy cost of repatriation loans, which is the same level as is available in the current fiscal year and $2,000 below the budget request, and $604,000

for administrative costs of the program as authorized by 22 U.S.C.

2671, which is the same as in the current fiscal year and $3,000

below the budget request.

This account provides emergency loans to assist destitute Americans abroad who have no other source of funds to return to the

United States.

PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN

The accompanying bill includes $16,345,000 for the appropriation

entitled ‘‘Payment to the American Institute in Taiwan’’. This

amount is the same as the budget request, and $970,000 above the

current year amount. The recommendation provides for the Institute’s pay and inflationary base adjustments. In addition, the Institute is authorized to collect Machine Readable Visa fees, which are

expected to generate an additional $12,000,000 in revenues in fiscal

year 2001, as well as reimbursements from agencies and user fees

from trade show exhibitors.

The Committee expects that AIT will cover anticipated operating

expenses in fiscal year 2001 through a combination of appropriations and visa fee revenues, and encourages the Institute to continue to pursue cost saving measures, including the reduction of

American and foreign national personnel, where appropriate. The

Committee expects the Department to submit by December 31,

2000, an AIT spending plan for fiscal year 2001, indicating the

total amount of estimated fee collections, the amount of such fee

collections allocated for operating expenses, and the total amount

planned for operating expenses from all funding sources.

The Committee also notes that the building fund maintained by

the Institute totals approximately $30,000,000. The Committee understands that AIT’s previous estimates for the cost of a new facil-
109

ity ($60,000,000 to $80,000,000) have been revised, and the new estimates range between $80,000,000 and $100,000,000. The Committee notes that, in addition to amounts in the AIT building fund,

the Committee designated $5,000,000 from fiscal year 2000 assets

management funds toward the design costs of a new facility.

The Taiwan Relations Act requires that programs concerning

Taiwan be carried out by the American Institute in Taiwan and authorizes funds to be appropriated to the Secretary of State to carry

out the provisions of the Act. 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 American Institute in Taiwan to carry out these activities.

PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY

FUND

The Committee recommends $131,224,000 for the appropriation

entitled ‘‘Payment to the Foreign Service Retirement and Disability

Fund’’. This amount is the full budget request and is $2,683,000

above the amount appropriated for the current fiscal year. The

amount provided in the Committee recommendation is required to

amortize the unfunded liability in the system, as documented by

the annual evaluation of Fund balances.

This appropriation, which is considered mandatory for budget

scorekeeping purposes, 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 Retirement

Fund is maintained through contributions by participants; matching government contributions; special government contributions, including this account; interest on investments; and voluntary contributions.

INTERNATIONAL ORGANIZATIONS AND CONFERENCES

CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

The bill includes a total of $880,505,000 for payment of the obligations of United States membership in international organizations

as authorized by conventions, treaties, or specific Acts of Congress

for fiscal year 2001. This is the same amount available in the current fiscal year and $65,555,000 below the request.

The amount provided in the bill is intended to cover the requested level for all assessments for membership in international

organizations, including the United Nations. In addition, the

amount provides the requested levels for assessments for membership in the North Atlantic Treaty Organization and the related

North Atlantic Assembly, International War Crimes Tribunals for

Rwanda and the former Yugoslavia, the Organization of American

States, and the Pan American Health Organization, among others.

Over the past several months, estimates of the amount required

to cover fiscal year 2001 assessments have varied based on the

most recent foreign currency exchange rates for the dollar, which

has risen in value since the budget request was formulated. The

Committee recommendation is based on a downward adjustment of

the fiscal year 2001 request by $23,508,000 based on exchange rate
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fluctuations, and also reflects the application of an estimated

$28,149,000 in available balances from fiscal year 2000 that the

Committee directs the Department to apply to the fiscal year 2001

assessment for the United Nations regular budget.

The recommended level does not include the requested amounts

for the Bureau of International Expositions and the Interparliamentary Union. The Committee has not approved the payment of these assessments for several consecutive years, and expects the Department to report to the Committee on actions necessary, and actions taken, to formally withdraw from these organizations. The recommendation does not include funding for the

Inter-American Indian Institute. The Committee understands that

the Department has already taken the necessary steps to withdraw

from the organization, and that withdrawal will be official as of

January 1, 2001. The recommendation does not include funding for

the International Union for the Protection of New Varieties of

Plants, a new assessment requested for the first time under this

account in fiscal year 2001. The Committee does not support the

proliferation of assessments for new international organizations absent a comprehensive reassessment of U.S. membership in each of

the 50 international organizations for which funding is requested

under this account. The recommendation does not include requested funding for War Crimes Tribunals in Cambodia and Iraq,

which do not yet exist. Should these Tribunals be established in

time to require fiscal year 2001 funding, the Committee would support the reprogramming of funds to cover required assessments.

The recommendation does not include funding for the International

Natural Rubber Organization. The Committee understands that

this organization will disband, following the premature termination

of the third International Natural Rubber Agreement on October

15, 1999, rather than on February 5, 2001, as projected in the

budget request.

After accounting for all the above adjustments, the recommended level is approximately $6,000,000 below the revised request. The

Committee notes that the Department will continue to revise the

fiscal year 2000 operating budget and the fiscal year 2001 request

over the next few months, and expects that those changes will result in additional savings to allow the Department to live within

the recommended level and still pay, in full, all approved assessments. In addition, the Committee notes that the Department does

not propose withholding funds that may constitute an overpayment

to the tax equalization fund at the U.N. Should the payment to this

fund, in fact, represent an overpayment, an adjustment could further reduce the amount needed to fully pay assessments in fiscal

year 2001. Should sufficient savings fail to develop, the Committee

directs the Department to defer the payment of calendar year 2001

assessments, in such amounts as necessary, until the enactment of

fiscal year 2002 appropriations.

The Committee continues to insist on reform as the highest priority for all of the international organizations, including the maintenance of zero nominal growth budgets, and the reform of scales

of assessment. The Committee believes that the onus is on each

international organization and the State Department representatives to those organizations to reduce overall budgets and eliminate

duplicative activities, excessive administrative costs and inefficient
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operations. The Department is directed to report to the Committee

by December 31, 2000, on the results achieved to date in each organization, including but not limited to the adoption of zero nominal

growth budgets and procedures requiring that a budget level

agreed to at the beginning of a cycle will be maintained, and establishment of program evaluation and sunset procedures. The report

shall also identify any reforms undertaken by any international organization that can be recommended generally for other organizations.

Current year United Nations assessment.—As indicated, the funding level assumes full payment of the U.S. assessment to the

United Nations regular budget, as has been provided every year

since fiscal year 1989. This assessment is estimated at

$299,608,000 for calendar year 2000. In order to assure that the

United Nations lives up to the fiscal discipline that the Congress

has insisted upon, the bill contains language, similar to that carried in previous fiscal years, that conditions release of $100,000,000

of the current year assessment for the United Nations on a semiannual certification by the Secretary of State that the United Nations has taken no action to increase funding for any United Nations program without identifying an offsetting decrease elsewhere

in the United Nations budget and cause the United Nations to exceed its 2000–2001 budget of $2,535,700,000. The Committee notes

that, despite the Department’s official statements of policy and testimony before the Committee, the enacted United Nations budget

for the 2000–2001 biennium exceeds zero nominal growth by

$2,700,000. The Committee expects the Department to continue its

policy of insisting on the maintenance of zero nominal growth

budgets in the United Nations and other international organizations.

The Committee continues to believe that additional reforms are

required at the United Nations and other international organizations. The Committee directs the Department to insist on maintaining any reforms that have been achieved to date and to report to

the Committee on any actions taken that threaten the maintenance

of such reforms, including the maintenance of reduced staffing levels at the United Nations.

Other issues.—The Committee continues to support the work

done by the Pan American Health Organization (PAHO). The Committee is concerned that a reallocation of regional funds by the

World Health Organization will impact programs supported by

PAHO in Latin America and the Caribbean. The Committee encourages the Department to work to protect full funding for PAHO

programs.

In addition, the bill includes language carried in previous years

stating that any payment of arrearages under this Title shall be directed toward special activities that are mutually agreed upon by

the U.S. and the respective international organization.

CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES

The Committee recommendation includes $498,100,000 for

United States payments for Contributions for International Peacekeeping Activities for fiscal year 2001, the same amount available

in fiscal year 2000, and a reduction of $240,566,000 from the

amount requested in the budget. Assessments will be paid at the
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rate of 25 percent, which is one of the major reforms that has been

achieved in the peacekeeping area.

The Committee recommendation provides for the payment of anticipated fiscal year 2001 assessments for United Nations (U.N.)

peacekeeping missions, with the exceptions noted below.

The Committee does not approve the amount requested for

UNMOT in Tajikistan. The UNMOT mission ended when the mandate expired on May 15, 2000.

The Committee recommendation does not include the amounts

requested for certain peacekeeping missions where mandates will

expire, and where information on future plans has not been provided or approved, including MINURSO in Western Sahara,

UNAMSIL in Sierra Leone, and MONUC in the Democratic Republic of Congo. Any funding for these missions in fiscal year 2001

from within the overall amount available in this appropriation account is subject to reprogramming.

The Committee is particularly concerned about the future of the

UNAMSIL mission in Sierra Leone. The Committee is alarmed

that the Administration may be willing to maintain, and even expand, an open-ended UNAMSIL mission in Sierra Leone despite

the recent renewal of hostilities and the collapse of the peace

agreement upon which the mandate is based. The situation in Sierra Leone appears to require the use of force, or a credible threat

of force, to restore and enforce peace. Experience has shown that

this is not a situation in which a U.N. peacekeeping force can succeed. The Committee, therefore, does not support expansion of the

UNAMSIL mission or mandate, and the recommendation for fiscal

year 2001 does not include funding for the continuation of the mission.

The recommendation does not include requested funding for the

MONUC mission. While the Committee recognizes the differences

between the situations in Congo and Sierra Leone, and the differences between the MONUC and UNAMSIL mandates, the recent

events in Sierra Leone reconfirm that a U.N. mission should never

be deployed into an environment where there is no reliable ceasefire, and where war fighting and peace enforcement are likely to

be required. Given the likelihood of continued hostilities in the

Congo, the inadequacy of the proposed force to respond to such hostilities, and the limited funding available under this account, the

Committee recommendation for fiscal year 2001 does not include

funding for the deployment of the Phase II force in the Congo.

The recommendation again does not include funding for the

MINURSO mission, based on the continuing lack of any demonstrable progress despite an enormous investment of funds over the

past decade. The Committee notes that the Administration recently

voted once again to extend the mandate for this moribund mission.

The Committee expects the Administration to support the termination of this mission upon the expiration of the current mandate

on July 31, 2000.

In addition, the recommendation does not include requested

funding for the Angola Monitoring mission. The Committee understands that neither this mission nor the mission in Haiti will be

paid by peacekeeping assessments in fiscal year 2001. To the extent that the activities of the Angola and Haiti missions continue,

but are instead paid for from the United Nations regular budget,
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the Committee expects the Department to confirm to the Committee that any resulting costs are offset by reductions of a like

amount from elsewhere in the United Nations regular budget.

Any funding required for terminated missions in fiscal year 2001

is subject to reprogramming.

The Committee recommendation does not include funding requested for a new mission for Ethiopia and Eritrea. The request for

funding anticipated that Ethiopia and Eritrea would sign a peace

agreement, which has not occurred.

Over the past several years, U.S. assessments have been reduced on the order of $20,000,000 annually, resulting from credits for

unencumbered balances in existing missions, which arise as particular operations spend less than their budgets, and assessments

are then credited with the unspent amount. Consequently, the

Committee assumes a similar amount will become available in fiscal year 2001.

In fiscal year 1995, the annual cost of U.N. peacekeeping to the United States amounted to approximately $1,100,000,000. The reduced costs in the years since result in part from increased discipline, and a narrowing of the scope of what United Nations

peacekeeping can realistically hope to achieve. Therefore, the Administration’s tendency to vote to extend moribund missions, and

to establish and expand missions irrespective of Congressional

input or the availability of funding to pay for them, is a matter of

gravest concern to the Committee. The Committee notes that the

annual cost of assessed U.N. peacekeeping has more than doubled

in just one year. The Committee is also concerned that the establishment of several large complex missions over the past year has

overtaken the capacity of the U.N. to plan and manage such operations. The Committee understands that the recommended amount

for fiscal year 2001, which maintains the account at the current

level after this burst of uncontrolled growth, will necessitate

prioritization in the use of funds. In order to avoid a return to the

era of large assessments and arrearages, the Committee directs the

Department to live within the appropriation, and to take no action

to extend existing missions or create new missions for which funding is not available.

The Committee supports the important work of the Department

to reform the U.N.’s peacekeeping scale of assessments. The Committee agrees that concentration of financial responsibility for U.N.

peacekeeping in the hands of a small number of members places

the future viability of U.N. peacekeeping at risk. Under the current

scale of assessments, the top five contributing countries pay more

than 75 percent of the total expenses. The Committee encourages

the Department to continue to advocate for comprehensive reforms

to bring about a broader and more equitable distribution of financial responsibility, and directs the Department to submit a report

by December 31, 2000, detailing all such reforms achieved and any

plans to pursue additional reforms.

Finally, the Committee acknowledges the efforts of the United

Nations Office of Internal Oversight Services (OIOS) to identify

waste, fraud and abuse in regard to peacekeeping operations, and

to recommend specific reforms to ensure that such practices are

brought to an end. The Committee directs the Department to provide the necessary support to ensure that the work of the OIOS is
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maintained and strengthened as it relates to oversight of peacekeeping operations.

The bill retains language carried in previous years requiring 15-

day advance notice of any new or expanded mission, together with

a statement of cost, duration, exit strategy, vital national interest,

and source of funds to pay the cost. The bill also retains language

requiring certification that American manufacturers and suppliers

are provided equal procurement opportunities, and language prohibiting the use of funds under this account for the costs of court

monitoring. The bill does not include language to make appropriations under this account, or any portion thereof, available for two

fiscal years.

INTERNATIONAL COMMISSIONS

INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES

AND MEXICO

The bill includes a total of $25,385,000 for the International

Boundary and Water Commission, United States and Mexico

(IBWC). This amount is the same as the amount available in fiscal

year 2000, and $8,504,000 less than the total budget request for

fiscal year 2001. The total amount provided includes $19,470,000

for Salaries and Expenses and $5,915,000 for construction. The recommendation does not include the request to shift operations and

maintenance costs from salaries and expenses to construction, and

to rename the construction account accordingly.

SALARIES AND EXPENSES

The Committee recommendation for the Salaries and Expenses account is $19,470,000, the same amount available in fiscal year

2000 and $12,328,000 above the budget request. The recommendation does not include the request to shift operations and maintenance costs out of this account.

The amount provided includes funding for the operation and

maintenance costs of the South Bay International Wastewater

Treatment Plant, which has been in full operation since 1998. The

Committee is aware of continuing concerns about the contamination of beaches in Southern California resulting from sewage flows

originating in the border region. The Committee encourages the

Commission to consider using funds provided under this account to

continue its monitoring efforts to better identify and address the

specific sources of this pollution. In addition, the Committee is willing to consider a reprogramming of funds for redirection of sewage

flows to another treatment plant, should such an emergency situation occur.

The recommendation includes language authorizing not to exceed

$6,000 for representation expenses.

CONSTRUCTION

The Committee recommendation for IBWC construction provides

$5,915,000, which is the same amount available in the current fiscal year and $20,832,000 below the budget request. The recommendation does not include the request to shift operations and

maintenance costs to this account, and rename the account ‘‘Construction, Operations and Maintenance’’.
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The recommendation provides the requested level of funding for

ongoing projects as follows: facilities renovation—$425,000; heavy

equipment replacement—$1,000,000; land mobile radio systems replacement—$500,000; hydrologic data collection system rehabilitation—$500,000; Rio Grande construction—$2,685,000; and Colorado

River construction—$805,000. Any reallocation of funding may be

proposed to the Committee under the reprogramming procedures

set forth in section 605 of this Act.

AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS

The Committee recommends a total of $5,710,000 to fund the

U.S. share of expenses of the International Boundary Commission,

the International Joint Commission, United States and Canada,

and the Border Environment Cooperation Commission for fiscal

year 2001. This amount is the same as is available in fiscal year

2000 and $3,181,000 below the budget request, and includes

$758,000 for the International Boundary Commission, $3,418,000

for the International Joint Commission and $1,534,000 for the Border Environment Cooperation Commission.

INTERNATIONAL FISHERIES COMMISSIONS

The Committee recommends a total of $15,485,000 to fund the

U.S. share of the expenses of twelve international fisheries commissions or related organizations, as well as the travel expenses of the

United States commissioners. This is the same amount as is available in fiscal year 2000 and $3,907,000 below the budget request.

The recommended funding level includes the continuation of a

$1,000,000 increase provided in fiscal year 2000 to address the sea

lamprey problem in the Great Lakes. If necessary, reductions may

be taken from those commissions where the United States overmatches its share of the budget compared with contributions from

other countries.

OTHER

PAYMENT TO THE ASIA FOUNDATION

The Committee recommends an appropriation of $8,216,000 for

payment to the Asia Foundation for fiscal year 2001, the same

amount available in fiscal year 2000, and $1,784,000 below the

budget request.

The Asia Foundation is a private, nonprofit institution the purpose of which is to stimulate Asian democratic development and assist the peoples of Asian countries to shape their own destinies.

EISENHOWER EXCHANGE FELLOWSHIP PROGRAM TRUST FUND

The Committee recommends an appropriation for fiscal year

2001 of interest and earnings from the Eisenhower Exchange Fellowship Program Trust Fund, expected to total $500,000.

The Eisenhower Exchange Fellowship Act of 1990 authorized a

permanent endowment for the Eisenhower Exchange Fellowship

Program to increase educational opportunities for young leaders in

preparation for and enhancement of their professional careers and

to advance peace through international understanding. The Act established the Eisenhower Exchange Fellowship Program Trust
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Fund in the United States Treasury for these purposes. A total of

$7,500,000 has been provided to establish a permanent endowment

for the program, from which the appropriation of interest and

earnings is provided to Eisenhower Exchange Fellowships,

Incorporated.

ISRAELI ARAB SCHOLARSHIP PROGRAM

The Committee recommends language in the accompanying bill

that will appropriate for fiscal year 2001 interest and earnings of

the Israeli Arab Scholarship Endowment Fund expected to total

$375,000. A permanent endowment of $4,978,500 for the Fund was

established in fiscal year 1992 with funds made available to the

United States Information Agency under section 556(b) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990, as amended. The income from the endowment

is to be used for a program of scholarships for Israeli Arabs to attend institutions of higher education in the United States.

EAST-WEST CENTER

The Committee does not recommend funding for maintaining and

operating the East-West Center. The budget contained a request of

$12,500,000, and in fiscal year 2000, $12,500,000 was provided.

The Committee does not recommend continued funding for the

East-West Center as a sole-source appropriation. The purpose of

the Center is to promote better relations and understanding between the United States and the nations of Asia and the Pacific

through cooperative programs of research, study and training.

The Center started receiving a direct subsidy from the Federal

government in fiscal year 1961. Over the past ten years, the Federal government has provided approximately $200,000,000 for its

operation.

The Center can solicit private contributions and compete for

other Federal grants to support its activities, and has embarked on

a plan to increase private contributions. The termination of funding

in this account does not therefore necessarily mean the dissolution

of the Center.

NORTH/SOUTH CENTER

The Committee does not recommend funding for continued support of the operations of the North/South Center. The budget contained a request of $1,750,000, and $1,750,000 was provided in fiscal year 2000.

The committee cannot recommend continued funding for this

sole-source appropriation to a non-governmental organization affiliated with a university. The mission of the Center is to promote,

through cultural and technical exchange, better relations among

the United States, Canada, and the nations of Latin America and

the Caribbean.

The Center started receiving a direct subsidy from the Federal

government in 1991. Since that time, the Federal government has

provided $43,895,000 for its operations. Prior to 1991, the Center

operated on private funding, and competed for and received projectspecific Federal grants. The Center can solicit private donations

and compete for Federal grants available to support its programs
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and research, as it did prior to 1991. The termination of funding

in this account does not therefore necessarily mean the dissolution

of the Center.

NATIONAL ENDOWMENT FOR DEMOCRACY

The Committee recommends $30,872,000 for the National Endowment for Democracy for fiscal year 2001, the same as the

amount available in fiscal year 2000, and $1,128,000 below the

budget request.

The National Endowment for Democracy is a private, non-profit

corporation established to encourage and strengthen the development of democratic institutions and processes internationally

through private-sector initiatives, training, and other activities, including those which promote pluralism, democratic governance,

civic education, human rights, and respect for the rule of law. The

Endowment does not carry out programs directly, but provides

funding for projects which are determined to be in the national interest of the United States and which are administered by private

organizations and groups.

RELATED AGENCY

BROADCASTING BOARD OF GOVERNORS

INTERNATIONAL BROADCASTING OPERATIONS

The Committee recommends $419,777,000 to carry out United

States International Broadcasting Operations for fiscal year 2001.

The recommendation includes funding for Broadcasting to Cuba

under this account, instead of as a separate account as it was in

fiscal year 2000 and in the request. The recommended level is

$8,735,000 below the comparable budget request, and $10,000,000

above the comparable amounts available for international broadcasting operations in fiscal year 2000. The increase above the 2000

level provides adjustments to base for all entities funded under this

account.

The Committee recommendation does not include requested program increases in this account. As in past years, the Committee expects that there will be additional savings available to the Board

including exchange rate gains and vacancies in funded positions.

The Board will have the ability to propose that savings be used for

needs not funded by the recommendation through the normal reprogramming process. The recommendation provides funding for

the principal broadcasting entities as follows:

Voice of America.—The recommendation provides $131,157,000

for VOA. The Committee notes that this amount assumes the absorption by VOA of personnel and resources which formerly carried

out television programming activities under the separate organization known as WORLDNET. The Committee understands that the

Board will dissolve the WORLDNET entity, and create a television

component within VOA called VOA–TV. This change is proposed to

expand the delivery methods for VOA news and information programming in local languages to include television and the Internet.

The Committee agrees that this is a more effective use of

WORLDNET resources, and has no objection to this proposal. The

Committee expects this organizational change to include an ongo-
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ing top-to-bottom review of television-related programs, and expects that review to result in the elimination of lower priority, less

cost-effective activities, such as the production of original thematic

programming. The elimination of such lower priority activities

should result in significant budget savings in the future. The overall recommended funding level for VOA includes $4,708,000 above

the fiscal year 2000 level to provide for requested adjustments to

base.

Radio Free Europe/Radio Liberty.—The recommendation provides $68,018,000 for RFE/RL, including the full requested

amounts for broadcasting to Iran and Iraq. The recommended

amount includes $1,804,000 above the fiscal year 2000 level to provide for requested adjustments to base. The amount also assumes

non-recurring costs of $1,580,000 for Post Retirement Medical Insurance contributions which were completed in fiscal year 2000.

Radio Free Asia.—The recommendation provides $23,278,000 for

RFA. This amount includes $1,309,000 above the fiscal year 2000

level to provide for requested adjustments to base, and will allow

RFA to continue its expanded schedule of 24 broadcast hours per

day to China in various languages, and an additional 10 broadcast

hours per day in Burmese, Vietnamese, Korean, Lao, and Khmer.

Broadcasting to Cuba.—The recommendation provides

$22,806,000 for Broadcasting to Cuba. This amount includes

$610,000 above the fiscal year 2000 level to provide for requested

adjustments to base.

The Committee supports the rationalization of international television broadcasting activities begun with the creation of VOA–TV

as only one of many opportunities for streamlining and improving

the performance of the U.S. Government’s international broadcasting operations. The Committee expects the Board to use its

management prerogatives as an independent agency to pursue additional initiatives within the resources provided, including: continuing to move to more cost-effective delivery methods such as FM

radio and the Internet; combining and downsizing both program

and support offices and functions to streamline the organization

and eliminate unnecessary bureaucratic layers; and improving and

enforcing program review, audience research and language service

prioritization methodologies to facilitate results-based resource

allocation.

The Broadcasting Board of Governors is directed to provide their

plan for the expenditure of funds under this account to the Committee within 60 days from the enactment of this Act.

BROADCASTING CAPITAL IMPROVEMENTS

The bill includes $18,358,000 in new budget authority for broadcasting capital improvements, which is $1,402,000 below the request and $7,900,000 above the amount available in fiscal year

2000. The amount recommended will provide for maintenance, improvements, replacements and repairs, satellite and terrestrial program feeds, and broadcast facility leases and land rentals. The recommended funding level includes requested funding for digital production capability development, security upgrades at transmitting

stations overseas, and complete relocation costs for the Poro Point

medium wave transmitter.
119

The Committee directs the Board to submit a spending plan

within sixty days from the date of enactment of this Act allocating

funds available in this account, including carryover balances, to

various activities. The plan shall include a detailed proposal for the

relocation of the Poro Point transmitter including costs and timetables for procurement and development of a new site, and construction of new facilities. The Board shall also continue to keep

the Committee informed regarding costs and results of the ongoing

digital conversion project.

GENERAL PROVISIONS—DEPARTMENT OF STATE AND RELATED

AGENCY

The Committee recommends the following general provisions for

the Department of State similar to the provisions that were included in the fiscal year 2000 Appropriations Act:

Section 401 of the bill permits funds appropriated in this Act for

the Department of State to be available for allowances and differentials as authorized by subchapter 59 of 5 U.S.C.; for services

as authorized by 5 U.S.C. 3109; and hire of passenger transportation pursuant to 5 U.S.C. 1343(b).

Section 402 of the bill permits up to five percent of any State Department appropriation to be transferred to another State Department appropriation, but no program can be increased by more than

ten percent, and also provides the same authority to the Broadcasting Board of Governors programs. 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 404 of the bill prohibits the use of funds by the Department of State or the Broadcasting Board of Governors to provide

assistance to the Palestinian Broadcasting Corporation.

In addition, the Committee recommendation includes the following new general provisions.

Section 403 of the bill designates the number of Deputy Assistant

Secretaries of State. The designated number does not include the

creation of an additional Deputy Assistant Secretary as a result of

the reorganization of the Bureaus of European and Western Hemisphere Affairs. The creation of this position was specifically not approved by the Committee when the reorganization was proposed

through the reprogramming process in 1998.

Section 405 of the bill creates the position of Deputy Secretary

of State for Management and Resources.

TITLE V—RELATED AGENCIES

The Committee recommends $1,917,185,000 in new budget

(obligational) authority in the accompanying bill for the Related

Agencies in this Title for fiscal year 2001. This amount is

$121,185,000 below the current year appropriation, and

$499,978,000 below the budget request.
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DEPARTMENT OF TRANSPORTATION

MARITIME ADMINISTRATION

The Committee recommendation includes a total of $197,915,000

in new budget authority for the Maritime Administration for fiscal

year 2001, as described below:

MARITIME SECURITY PROGRAM

The Committee recommends $98,700,000 for the Maritime Security Program, as requested, an increase of $2,500,000 above the

amount made available in 2000. The recommendation will provide

all the resources necessary for the operation of the program

through fiscal year 2001. The purpose of the Maritime Security

Program is to maintain and preserve a U.S. flag merchant fleet to

serve the national security needs of the United States. The program provides direct payments to U.S.-flag ship operators engaged

in U.S.-foreign trade. Participating operators are required to keep

the vessels in active commercial service and are required to provide

intermodal sealift support to the Department of Defense in times

of war or national emergency. This program is funded under the

allocation for national security programs.

The Committee recommendation provides funding for payments

to U.S. carriers for 47 ships, capped at $2,100,000 per ship, per

year.

OPERATIONS AND TRAINING

The Committee recommends an appropriation of $84,799,000 to

fund programs under the Operations and Training account of the

Maritime Administration (MARAD). This amount is $4,559,000

above the budget request and is $13,000,000 above the level available in the current fiscal year. This account provides funding for

the U.S. Merchant Marine Academy, the State maritime schools,

and MARAD operations.

The Committee recommendation includes $46,944,000 for the operation and maintenance of the U.S. Merchant Marine Academy.

Included in the recommended level is the continuation of a fiscal

year 2000 increase of $2,000,000 to maintain and repair the Academy’s infrastructure, and thereby improve safety and health conditions for the midshipmen and faculty. In addition, the recommendation includes $13,000,000 above the amount available in

fiscal year 2000 for further deferred maintenance and capital improvement projects. The Committee provided funding in fiscal year

2000 under MARAD Operations for a master plan to address the

Academy’s long-term maintenance and renovation needs. This plan

has not yet been submitted for the Committee’s review. The Committee directs MARAD to submit, no later than November 30, 2000,

and prior to the expenditure of funds, a spending plan for this

$13,000,000 initiative, subject to the reprogramming requirements

under section 605 of this Act. Further, the Committee understands

that the Academy has $561,000 in non-recurring requirements in

fiscal year 2000, so the recommended level for this activity represents an increase of $561,000 to cover base funding requirements.
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The recommendation includes $6,973,000 for State maritime

schools, the fiscal year 2000 level. The Committee notes with concern that MARAD has not yet fully complied with the directive in

the report accompanying the fiscal year 1999 House bill to submit

information on various aspects of Maritime Education and Training. One aspect of this report that has yet to be submitted is an

analysis of the State schools’ Student Incentive Payment program,

and recommendations for future funding alternatives. The Committee notes that in addition to the funds provided for State

schools under this account, MARAD expects to receive additional

funding in fiscal year 2001 of at least $2,000,000 for school ship

maintenance and repair under the Department of Defense Ready

Reserve Force program.

The Committee recommendation includes $30,882,000 for operating programs and general administration of MARAD, the same

level as in fiscal year 2000. The Committee notes that MARAD has

$408,000 in non-recurring operating requirements in fiscal year

2000, so the recommended level for this activity represents an increase of $408,000 to cover base funding requirements.

MARITIME GUARANTEED LOAN PROGRAM

The Committee recommends a total of $14,416,000 for the Maritime Guaranteed Loan (Title XI) Program. This amount is

$8,237,000 above the budget request, and is $4,607,000 above the

amount available in fiscal year 2000. The recommendation also includes a total program limitation of $1,000,000,000.

The amount provided includes $10,621,000 in subsidies for the

guaranteed loan program, which may provide a total program level

of up to $1,000,000,000. The Committee directs that MARAD shall

not make commitments exceeding the $1,000,000,000 program limitation in FY 2001, including commitments made with appropriations from previous fiscal years, without prior notification of the

Committee in accordance with section 605 reprogramming procedures. The Committee further directs MARAD to continue to submit quarterly reports to the Committee on Title XI obligations, including information on total loan principal guaranteed by each separate fiscal year’s subsidy appropriation.

Also, the Committee notes that the amount of loans that the appropriation supports depends upon the risk factor in the loans that

MARAD approves. To the extent that the program concentrates on

lower-risk loans, the appropriation will support a higher total program level, and the risk of defaults will be decreased. The Committee urges MARAD to continue to ensure that any loan guarantees issued under this program meet the economic soundness requirement under Title XI.

The amount provided also includes $3,795,000 for administrative

expenses related to this program, the same amount provided in fiscal year 2000, and a reduction of $384,000 below the budget request. The amount provided for administrative expenses may be

transferred to and merged with appropriations for MARAD operations and training on a reimbursable basis to cover the common

overhead expenses associated with maritime guaranteed loans.
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ADMINISTRATIVE PROVISIONS

The bill includes administrative provisions involving Government

property controlled by MARAD, the accounting for certain funds received by MARAD, and a prohibition on obligations from the

MARAD construction fund. These provisions have been carried in

Appropriations Acts for the Maritime Administration for several

years.

COMMISSION FOR THE PRESERVATION OF AMERICA’S HERITAGE

ABROAD

SALARIES AND EXPENSES

The Committee recommends $390,000 for the expenses of the

Commission for the Preservation of America’s Heritage Abroad.

This amount is the same as the level requested in the budget request and $100,000 below funding provided in the current year.

Last year, the Committee provided a one-year only enhancement to

provide additional funding to assist in the restoration of the old

Jewish Cemetery in Sarajevo, heavily damaged during the war in

Bosnia. The recommendation for this year 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 Committee notes and encourages the efforts of the Commission to attract additional funding for the Commission’s efforts.

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.

COMMISSION ON CIVIL RIGHTS

SALARIES AND EXPENSES

The Committee recommends an appropriation of $8,866,000 for

the salaries and expenses of the Commission on Civil Rights for fiscal year 2001. The amount recommended is $2,134,000 less than

the budget request and the same amount available in the current

year.

The Commission, established by the Civil Rights Act of 1957, is

an independent, bipartisan, fact-finding agency directed by eight

part-time commissioners. The Commission was created to protect

the civil rights of people within the U.S. The ways the Commission

accomplishes this mission include the investigation of charges of

citizens being deprived of voting rights, and the collection, study

and dissemination of information on the impact of Federal laws

and policies on civil rights.

The Committee expects the Commission to continue to keep the

Committee informed on the status of management improvements,

including developing the ability to plan and budget for projects,

and to track the progress and ongoing costs of such projects.

The Committee recommends bill language which provides (1)

$50,000 to employ consultants; (2) a prohibition against reimbursing commissioners for more than 75 billable days, with the exception of the chairwoman who is permitted 125 billable days; and (3)

a limitation of four full-time positions under schedule C of the
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Excepted Service exclusive of one special assistant for each

commissioner.

COMMISSION ON SECURITY AND COOPERATION IN EUROPE

SALARIES AND EXPENSES

The Committee recommends an appropriation of $1,182,000 for

the Commission on Security and Cooperation in Europe, a decrease

of $188,000 below the request and the same amount provided in

the current fiscal year.

The Commission was established in 1976 to monitor compliance

with the final act of the Conference on Security and Cooperation

in Europe with particular regard to provisions dealing with humanitarian affairs.

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

SALARIES AND EXPENSES

The Committee recommends $290,928,000 for the Salaries and

Expenses of the Equal Employment Opportunity Commission

(EEOC) for fiscal year 2001. This amount is $31,072,000 below the

request, and $10,000,000 above the amount available in the current

year.

The Committee expects that the recommended funding level will

allow the EEOC to continue reducing the backlog of pending

charges, and expanding the use of alternative dispute resolution

(ADR) techniques, including mediation and ‘‘early resolution’’. The

Committee expects that the increased funding level will allow for

the resumption of contract mediation in addition to the mediation

being performed by EEOC staff.

The Committee expects the EEOC to submit a spending plan to

the Committee in accordance with section 605 of this Act before

December 31, 2000, describing the allocation of funding to various

Commission activities, including private sector charge backlog reduction, ADR and mediation initiatives, litigation, and automation

improvements.

The Committee notes that the State and local Fair Employment

Practices Agencies (FEPA’s) will resolve an estimated 53,524

charges in fiscal year 2001. The bill includes language similar to

that included in previous Appropriations Acts allowing not to exceed $29,000,000 for payments to State and local FEPA’s. The

Committee encourages the EEOC to utilize the experience the

FEPA’s have in mediation, as the Commission implements its ADR

programs. The Committee is willing to entertain proposals in the

spending plan to reprogram additional funds to the FEPA’s for this

purpose.

The Committee again expresses concern regarding the achievement of private sector charge backlog reduction targets, and directs

the Commission to make the reduction of this backlog its highest

priority. The Commission received an appropriation increase of

$37,000,000 in fiscal year 1999, which the Commission claimed

would result in a reduction of the backlog to 28,457 charges by the

end of fiscal year 2000. The fiscal year 2001 budget request estimates that an additional 158 full-time equivalent workyears (FTE),

an additional $13,300,000, and an additional year will be required
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to achieve the same backlog target of 28,457 by the end of fiscal

year 2001. The Committee expects the Commission to submit a

spending plan that allocates the increase of $10,000,000 in this account to backlog reduction on a priority basis, and expects the

Commission to exceed the backlog reduction targets included in the

budget request. The EEOC may be able to achieve even greater

backlog reductions depending on the intake rate for new charges

and the extent to which ‘‘early resolution’’ methods are adopted.

The bill also includes language similar to that included in previous Appropriations Acts allowing non-monetary awards to private

citizens, and up to $2,500 for official reception and representation

expenses.

FEDERAL COMMUNICATIONS COMMISSION

SALARIES AND EXPENSES

The Committee recommends total budget authority of

$207,909,000 for the salaries and expenses of the Federal Communications Commission (FCC) for fiscal year 2000, of which

$200,146,000 is to be derived from offsetting collections, resulting

in a direct appropriation of $7,763,000. The recommended total

budget authority is $29,279,000 below the request, and $2,000,000

below the current year appropriation.

The Committee directs the Commission to submit, no later than

December 15, 2000, a financial plan proposing a distribution of all

funds in this account, subject to the reprogramming requirements

under section 605 of this Act.

The Committee recommendation includes bill language, similar

to that included in previous Appropriations Acts, which allows: (1)

up to $600,000 for land and structure; (2) up to $500,000 for care

of grounds and buildings; (3) up to $4,000 for official reception and

representation expenses; (4) up to $300,000 for research and policy

studies to remain available until September 30, 2002; (5) purchase

of uniforms and acquisition of vehicles: (6) special counsel fees; (7)

collection of $200,146,000 in section 9 fees; (8) the sum appropriated to be reduced as section 9 fees are collected; (9) fees in excess of $200,146,000 to be available in fiscal year 2002.

The Committee directs that not to exceed 8 permanent positions

and 8 full-time equivalent workyears and $680,000 shall be expended for the Office of Legislative and Intergovernmental Affairs.

The Committee recommendation does not include a proposal allowing for the collection of an Analog Spectrum Lease Fee, which

would require a subsequent authorization.

FEDERAL MARITIME COMMISSION

SALARIES AND EXPENSES

The Committee recommends an appropriation of $14,097,000 for

the salaries and expenses of the Federal Maritime Commission

(FMC) for fiscal year 2001. This amount is a reduction of

$2,125,000 below the budget request and the same amount available in the current fiscal year.
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FEDERAL TRADE COMMISSION

SALARIES AND EXPENSES

The Committee recommends total budget authority of $134,807,000 for the salaries and expenses of the Federal Trade

Commission (FTC) for fiscal year 2001, a decrease of $29,793,000

below the request and $9,783,000 above the current year appropriation. Of this amount, $13,709,000 is to be derived from estimated prior year unobligated fee collections, and $121,098,000 is to

be derived from current year offsetting fee collections from

premerger filing fees under the Hart-Scott-Rodino Act, resulting in

no net direct appropriation. The Committee notes that any use of

remaining unobligated fee collections from the prior year are subject to the reprogramming requirements outlined in section 605 of

this Act. The recommended level provides for base adjustments to

maintain the current operating level and a small increase to enhance the Commission’s consumer protection efforts.

The mission of the Federal Trade Commission is to enforce a variety of Federal antitrust and consumer protection laws. Under

these laws, the Commission seeks to ensure that the nation’s markets are competitive, function vigorously and efficiently, and are

free from undue governmental and private restrictions. The Commission also seeks to improve the operation of the marketplace by

eliminating deceptive and unfair practices.

Appropriations for both the Antitrust Division of the Department

of Justice and the Commission are financed with Hart-Scott-Rodino

Act pre-merger filing fees. The Commission’s fiscal year 2001 appropriations language changes the Hart-Scott-Rodino Act to include

a three tiered fee structure as proposed in the budget request.

Under current law, a stock or asset acquisition must meet two tests

to require a Hart-Scott-Rodino Act filing, the size of company test

and the size of asset test. The size of company test provides that

one company must have annual net sales or assets of $100,000,000

and the other company must have net annual sales or assets of

$10,000,000. The size of asset test provides that the asset or stock

being acquired must be worth $15,000,000 or higher. If a transaction meets both these tests, filing and a $45,000 fee are required.

The new three tiered fee structure will raise the size of asset test

threshold to $35,000,000 and the fee will remain $45,000. For

transactions between $100,000,000 and $199,999,999, the fee will

increase to $100,000. For transactions $200,000,000 and higher,

the fee will increase to $200,000.

The Committee’s recommendation funds the Commission’s current operating level with a small increase for consumer protection.

However, it is estimated that raising the size of asset test from

$15,000,000 to $35,000,000 will result in nearly a forty percent reduction in the number of filings requiring review. Therefore, the

Committee assumes that the Commission will be able to fund some

of its requested program increases from within the funding level

provided. The Committee directs the Commission to submit a fiscal

year 2001 financial plan no later than December 31, 2000, outlining how it intends to allocate its fiscal year 2001 resources.

The Committee recommends bill language, similar to that included in previous Appropriations Acts, which: (1) allows for purchase of uniforms and hire of motor vehicles; (2) allows up to
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$2,000 for official reception and representation expenses; (3) allows

for the collection of fees; (4) allows for the sum appropriated to be

reduced as fees are collected; (5) prohibits the use of funds to implement section 151 of the Federal Deposit Insurance Corporation

Improvements Act of 1991, and (6) makes funds appropriated from

the Treasury for the FTC available until expended.

The Committee does not adopt the proposal in the budget request

to increase the official reception and representation funds in fiscal

year 2001 for two conferences.

LEGAL SERVICES CORPORATION

SALARIES AND EXPENSES

The Committee recommendation provides $141,000,000 for the

Legal Services Corporation (the Corporation) for fiscal year 2001.

This amount is a decrease of $199,000,000 below the request, and

$164,000,000 below the amount provided in fiscal year 2000. This

amount includes: (1) $134,575,000 for grants to basic field programs; (2) $5,300,000 for Corporation management and administration; and (3) $1,125,000 for the Office of the Inspector General. The

Committee notes that $35,250,000 is provided for civil legal assistance under the Violence Against Women Act program funded under

Title I of this bill.

The Committee is pleased with the efforts of the Corporation to

improve the case reporting of its grantees. However, the Committee

feels the Corporation can continue to work with its grantees to improve case reporting and lower the grantees’ reporting error rate.

The Committee is also interested in the efforts the Corporation has

made in developing new performance measures that will allow both

Congress and the Corporation to better evaluate the work of the

grantees. These efforts include developing a ‘‘cost-per-case’’ model

and providing data on the level of non-case services provided such

as community education, and services provided through self-help

forms, kiosks or the internet. The Committee expects to be kept informed on the development of these measures.

The Committee also reminds the Corporation that its grantees

are prohibited by section 504(a)(7) of P.L. 105–119 from participating in class action suits and directs the Corporation to ensure

its grantees comply.

ADMINISTRATIVE PROVISION—LEGAL SERVICES CORPORATION

The Committee recommendation includes bill language to continue all statutory requirements and restrictions contained in previous Appropriations Acts, as requested.

MARINE MAMMAL COMMISSION

SALARIES AND EXPENSES

The Committee recommends $1,700,000 for the Marine Mammal

Commission for fiscal year 2001. The recommendation provides increased funding to address new research needs and to provide for

follow-up on research efforts as a result of the Commission’s workshop on impacts of sea ice and other environmental changes on

Arctic marine resources and the Alaska Natives that depend upon

them; for continuation of studies to further protect the Florida
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manatee; and for research stemming from the Commission’s recent

contaminants research project. The Committee commends the Commission on its research efforts.

SECURITIES AND EXCHANGE COMMISSION

SALARIES AND EXPENSES

The Committee recommends overall funding for the Securities and Exchange Commission (SEC) of $392,624,000, which is

$30,176,000 below the request and $24,824,000 above the level provided in fiscal year 2000. The overall funding is made up of the following components: (1) an appropriation of fiscal year 2001 offsetting fee collections of $252,624,000; and (2) an appropriation of

1999 offsetting fee collections of $140,000,000. The recommendation

provides the Commission with the full amount of requested adjustments to base funding for pay and inflation changes. The recommendation does not include requested program increases for information systems, additional staff, or a special pay rate increase.

The Committee recommendation includes bill language providing

offsetting fee collections in accord with levels authorized in the National Securities Markets Improvement Act of 1996. The Committee intends that any such collections in excess of the amounts

made available in fiscal year 2001 will remain available for the Securities and Exchange Commission in future years through the regular appropriations process.

In addition, 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 expenses of meetings and consultations with foreign governmental and regulatory officials.

The SEC was created by the Securities Exchange Act of 1934 as

an independent, quasi-judicial agency. It administers a group of

statutes in the area of securities and finance which seek to protect

the investing public by providing full disclosure, regulating the nation’s securities markets, and preventing and policing fraud and

malpractice in the securities and financial markets.

SMALL BUSINESS ADMINISTRATION

The accompanying bill provides a total of $856,220,000 for four

appropriations items of the Small Business Administration (SBA).

This amount is $201,600,000 below the budget request, and

$9,220,000 above the amount appropriated in fiscal year 2000. The

details for the four SBA appropriation accounts are contained in

the following paragraphs.

The Committee encourages the SBA to continue its efforts to improve the management of its financial programs. The Committee

notes that deficiencies in projecting accurate subsidy rates has, in

the past, resulted in the Committee having to find significant additional appropriations to meet SBA loan program requirements. The

Committee recommendation for fiscal year 2001 again includes

funding to improve portfolio management and systems modernization efforts. The Committee reminds the SBA that the volatility in
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subsidy rates is a direct reflection on the SBA’s management of its

loan portfolio and expects the SBA to continue to make portfolio

management improvements a high priority.

In addition, the Committee notes that the SBA has followed the

Committee’s direction contained in the fiscal year 2000 report and

has requested appropriations for the Disaster Loans program. The

Committee welcomes this development and directs the SBA to continue to request sufficient non-emergency funding for the Disaster

Loans program to support an estimated average annual level of

loan activity.

SALARIES AND EXPENSES

The Committee recommends $299,615,000 for the salaries and

expenses account of the Small Business Administration. This

amount is $10,000,000 above the amount provided in fiscal year

2000, and $136,615,000 above the request. The increase above the

request results mainly from the fact that the recommendation does

not include the establishment of a new, separate account for noncredit business assistance programs, as proposed in the request.

The recommendation includes funding for non-credit programs

under this account.

Of the amount provided under this heading, $160,541,000 is for operating expenses of the SBA. In addition, a total of $138,854,000

may be transferred to and merged with the salaries and expenses

account for indirect operating costs. This amount consists of

$129,000,000 from the Business Loans Program account for administrative expenses, and $9,854,000 from the Disaster Loans Program account for administrative expenses. These transfers will result in a total availability of $299,395,000 for the operating expenses of the SBA, an increase of $10,000,000 above the comparable fiscal year 2000 amount.

In addition, the recommendation includes language under the

Disaster Loans Program account providing that $126,146,000 of the

amount provided for administrative expenses may be transferred to

and merged with the salaries and expenses account for the direct

costs of loan making and servicing.

The amount provided includes $8,000,000 for the continuation of

the initiative to improve the SBA’s monitoring and oversight of its

financial programs through upgrades and improvements in its information resource management systems, and increased financial

analysis and management. The Committee expects the SBA to submit a plan for the expenditure of resources for this initiative by December 31, 2000, in accordance with section 605 of this Act. Including the fiscal year 2001 amount, the Committee has provided a

total of $32,000,000 for what was originally requested as a fiveyear, $40,000,000 initiative. The Committee notes that the SBA

has expanded the scope of the initiative by requesting an additional

$5,000,000 in fiscal year 2001 for Disaster Loan processing improvements. These improvements have the potential to significantly reduce the administrative costs associated with the Disaster

Loans program, and the Committee is therefore willing to consider

the allocation of funds for Disaster Loan processing improvements

within the spending plan for the $8,000,000.

Within the amounts provided under this heading, the Committee

expects the SBA to continue to help small businesses adapt to a
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paperless procurement environment. The Committee recommendation also includes the full amount requested for Low Documentation Processing Centers. The Committee recommendation for salaries and expenses includes a total of $139,074,000 for non-credit

initiatives, as follows:

Small Business Development Centers ................................................. $83,801,000

7(j) ........................................................................................................... 2,600,000

SCORE .................................................................................................... 3,471,000

Microloan technical assistance ............................................................. 23,200,000

One-stop Capital Shops ......................................................................... 3,100,000

Export Assistance Centers .................................................................... 3,100,000

Regulatory Fairness Boards .................................................................. 500,000

Women’s Business Centers ................................................................... 8,926,000

Women’s Business Council .................................................................... 595,000

Advocacy Research ................................................................................. 1,091,000

Veterans Programs ................................................................................ 4,000,000

Small Business Drug-free Workplace Program ................................... 3,500,000

Survey of Women-Owned Businesses .................................................. 694,000

Business Information Centers .............................................................. 496,000

Total, non-credit initiatives ........................................................ $139,074,000

Of the amounts provided for the SBDC program, $2,000,000 is to

continue the SBDC defense transition program and $1,000,000 is

for a regulatory compliance simplification program to increase coordination of environmental, Occupational Health and Safety Administration and Internal Revenue Service compliance requirements and to avoid duplication among programs for compliance assistance to small businesses.

The Committee expects that within the overall amount provided

under this account, full funding will be provided for the operations

of the Office of Advocacy. In addition, the recommendation includes

$1,091,000 for Advocacy Research.

The Committee recommendation includes $3,500,000 to continue

funding for a drug-free workplace demonstration program to provide technical assistance to small business concerns seeking to

start a drug-free workplace program. The recommendation also includes $694,000 for the first year funding requirement associated

with the 2002 Survey of Woman-Owned Businesses, and $4,000,000

for the Veterans Entrepeneurship and Small Business Development Program, as authorized by P.L. 106–50 including the National Veterans Business Development Corporation.

The Committee recommendation includes requested language authorizing $3,500 for official reception and representation expenses

as well as language authorizing the SBA to charge fees to cover the

cost of publications and certain loan servicing activities. The language also permits revenues received from all such activities to be

credited to the salaries and expenses account to be available for

carrying out these purposes without further appropriations.

The Committee recommendation deletes language, as requested,

making amounts available for New Markets assistance programs

subject to authorization. Also, the recommendation does not include

the requested authority for a specified amount of program funds to

remain available for two years. Finally, the recommendation does

not include requested language allowing the SBA to retain not to

exceed $3,000,000 of increased collections of delinquent debt for

qualified expenses.
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OFFICE OF INSPECTOR GENERAL

The Committee recommends $10,905,000 for the Office of Inspector General of the Small Business Administration under this heading, a decrease of $3,410,000 below the request, and the same level

as is available in fiscal year 2000. The recommendation assumes

that, as in fiscal year 2000, the appropriation under this heading

will be supplemented by an additional $500,000 provided under the

administrative expenses of the Disaster Loans Program for oversight of that program, which may be transferred to this account.

The Committee recommendation includes resources for continued

oversight of the SBA’s business loan portfolio and the SBA’s administration of the 7(a) and disaster assistance programs.

BUSINESS LOANS PROGRAM ACCOUNT

The Committee recommends a total of $269,300,000 under this

account, consisting of: $137,800,000 for the Business Loans Program Account for subsidies for guaranteed business loans;

$2,500,000 for subsidies for direct business loans; and $129,000,000

for administrative expenses related to business loan programs. The

amount provided for administrative expenses may be transferred to

and merged with the appropriation for SBA salaries and expenses

to cover the common overhead expenses associated with business

loans. In addition, the recommendation includes a provision in the

bill, similar to that carried in previous years, allowing up to

$45,000,000 to remain available until September 30, 2002.

As required by the Federal Credit Reform Act of 1990, the Congress is required to appropriate an amount sufficient to cover the

estimated losses associated with all direct loan obligations and loan

guarantee commitments made in fiscal year 2001, as well as the

administrative expenses of the loans. The subsidy amounts are estimated on a net present value basis, and the administrative expenses are estimated on a cash basis.

7(a) Business loan program.—The recommendation includes

$114,500,000 in new budget authority for the 7(a) loan program,

which is $7,000,000 above the fiscal year 2000 level and

$28,100,000 below the budget request. Using the increased subsidy

rate of 1.24 percent projected in the budget request, this level will

provide an estimated program level of over $9,200,000,000. This estimated program level assumes that there will not be any carryover

or recoveries available in fiscal year 2001. Should changes in the

program level occur due to changes in the subsidy rate, or as a result of changes in estimated carryover or recoveries, the Committee

expects to be notified in accordance with section 605 of this Act

prior to the SBA taking any actions to change the program level

provided for fiscal year 2001. The Committee recommendation includes language, as carried in the fiscal year 2000 Appropriations

Act, requiring the SBA to submit a reprogramming under section

605 of the Act before exceeding a 7(a) program level of

$10,000,000,000.

Small Business Investment Corporation (SBIC) debentures and

participating securities.—The SBIC debentures program will operate with a zero subsidy rate in fiscal year 2001, therefore the entire

amount provided for SBIC’s under this heading is intended for the

participating securities program. The Committee recommendation
131

includes $23,300,000 for the subsidy appropriation for the participating securities program, a decrease of $1,000,000 below the fiscal

year 2000 level, and $2,900,000 below the request. The funding recommendation of $23,300,000 assumes a 1.31% subsidy rate as proposed in the budget, and will provide a program level of

$1,778,626,000—an increase of $428,626,000 over the fiscal year

2000 program level for participating securities. The recommendation includes requested language that the SBIC debentures program level shall not exceed $500,000,000.

Microloan Direct and Guaranty Programs.—The Committee recommendation includes new appropriations of $2,500,000 for the

Microloan Direct Loan Program compared to the request for

$5,370,000, and no new appropriations for the Microloan Guaranty

Program, as none was requested. The recommendation for direct

Microloans assumes that little, if any, carryover will be available.

The appropriation of $2,500,000 will provide for a program level of

approximately $28,000,000, which is the same as the estimated fiscal year 2000 level. For the Microloan Guaranty program, the Committee understands that no program obligations are projected for

fiscal year 2000 or 2001.

504 Development Company loans.—The Committee recommendation provides no new budget authority for the section 504 development company loan program, as requested, and includes language

limiting the 504 guaranteed lending program to $3,750,000,000, as

requested. This program will operate with a zero subsidy rate in

fiscal year 2000.

The recommendation deletes language included in the fiscal year

2000 bill pertaining to the citation of authority and the earmarking

of an amount for a specific business loan program.

DISASTER LOANS PROGRAM ACCOUNT

The Committee recommends a total of $276,400,000 for the Disaster Loans Program Account for loan subsidies and associated administrative expenses, the same amount provided in fiscal year

2000, and $19,700,000 below the request. The Committee recommendation includes $140,400,000 for the subsidy costs of disaster loans, which when combined with estimated recoveries of

$10,000,000 will provide a disaster loan level of $861,397,000.

The Committee notes that the fiscal year 2001 request finally included realistic estimates for an average annual direct disaster

loan program from discretionary appropriations. The Committee directs the SBA to continue this practice.

The Committee recommendation includes $136,000,000 for administrative expenses of carrying out the program, which may be

transferred to and merged with appropriations for salaries and expenses. The recommendation includes language specifying that, of

the amount provided for administrative expenses, $125,646,000 is

for the direct administrative expenses of loan making and loan

servicing, and $9,854,000 is for indirect administrative expenses.

The recommendation also includes language requiring that any

amount in excess of $9,854,000 transferred to the salaries and expenses account for indirect administrative expenses shall be subject

to reprogramming requirements, as detailed under section 605. In

addition, the recommendation retains language transferring

$500,000 of the amount provided for administrative expenses to the
132

Office of Inspector General for audits and reviews of the disaster

loan portfolio.

As required by the Federal Credit Reform Act of 1990, the Congress is required to appropriate an amount sufficient to cover the

subsidy costs associated with all direct loan obligations and loan

guarantee commitments made in fiscal year 2001, as well as the

administrative expenses of the loan programs. The subsidy

amounts are measured on a net present value basis, and the administrative expenses are estimated on a cash basis.

STATE JUSTICE INSTITUTE

SALARIES AND EXPENSES

The Committee recommends $4,500,000 for the State Justice Institute (SJI) for fiscal year 2001, $10,500,000 below the request,

and $2,350,000 below the current appropriation.

SJI is a private, non-governmental organization, which awards

grants to improve the administration of justice in State courts.

While SJI requested an appropriation of $15,000,000 for fiscal year

2001, the Administration only included $6,850,000, which is the fiscal year 2000 level.

The Committee recommendation takes into account that assistance to State courts is available through the Office of Justice Programs within the Department of Justice.

UNITED STATES COMMISSION ON INTERNATIONAL RELIGIOUS FREEDOM

The Committee recommendation does not include funding for the

Commission on International Religious Freedom. The President’s

budget requested $3,000,000 for the fiscal year 2001 costs of the

Commission. The Commission has never received funding under

this Act. The Commission received funding in fiscal year 1999 as

a supplemental appropriation under the Foreign Operations, Export Financing and Related Programs Subcommittee.

TITLE VI—GENERAL PROVISIONS

The Committee recommends the following general provisions for

the departments and agencies funded in the accompanying bill. Except where modifications are indicated, these general provisions

were included in the fiscal year 2000 Appropriations Act.

Section 601 prohibits any appropriation contained in the Act

from being used for publicity or propaganda purposes not authorized by the Congress.

Section 602 prohibits any appropriation contained in the Act

from remaining available for obligation beyond the current fiscal

year unless explicitly provided.

Section 603 provides that the expenditure of 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 provides that if any provision of the Act or the application of such provision to any person or circumstance shall be held

invalid, the remainder of the Act and the application of such provi-
133

sions to persons or circumstances other than those to which it is

held invalid shall not be affected thereby.

Section 605, slightly modified, which provides for the Committee’s policy concerning the reprogramming of funds. Section 605(a)

prohibits the reprogramming of funds which: (1) creates 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; or (6)

contracts out or privatizes any function or activity presently performed by Federal employees unless the Appropriations Committees of both Houses of Congress are notified 15 days in advance.

Section 605(b) prohibits a reprogramming of funds in excess of

$500,000 or 10 percent, whichever is less, 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

both Houses of Congress are notified 15 days in advance.

The Committee has again included carryover funds under the requirements of section 605 to clarify that agencies must follow reprogramming procedures with respect to carryover funds.

Section 606 prohibits funds in the Act from being used for construction, repair (other than emergency repair), overhaul, conversion, or modernization of vessels for the National Oceanic and Atmospheric Administration in shipyards located outside the United

States.

Section 607 states the sense of the Congress that all equipment

and products purchased with funds made available in the bill

should be American-made, directs the head of each Federal agency

to provide a notice describing Congressional intent to any entity it

provides financial assistance to or enters into a contract with, and

makes any person determined to have misused ‘‘Made in America’’

labeling from receiving grants or contracts made with funds provided under this Act.

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 prohibits the use of funds for any United Nations

peacekeeping mission when it is made known that United States

Armed Forces are under the command or operational control of a

foreign national and the President has not submitted to the Congress a recommendation that such involvement is in the national

security interest of the United States.

Section 610 prohibits the use of funds to pay for expansion of

diplomatic or consular operations in Vietnam beyond the level of

operations on July 11, 1995, unless the President certifies within

60 days that Vietnam is cooperating in full faith with the U.S. on

POW/MIA issues.
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The bill also includes a new provision as Section 611, waiving

minimum funding requirements, limitations and earmarks contained in other Acts from applying to funds provided in this Act.

Section 612 prohibits the use of funds to provide certain amenities and personal comforts in the Federal prison system.

Section 613 includes language prohibiting the use of funds under

the NOAA Fleet Modernization, Shipbuilding and Conversion account to implement sections 603, 604, and 605 of Public Law 102–

567, except for development of a modernization plan for fisheries

research.

Section 614 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, and

provides transfer authority between appropriation accounts to

carry out the provision, subject to reprogramming procedures.

Section 615 prohibits funds made available in this Act to the

Federal Bureau of Prisons from being used to distribute publications that include sexually explicit material.

Section 616 limits funding under the Local Law Enforcement

Block Grant to 90 percent to an entity that does not provide public

safety officers injured in the line of duty and as a result separated

or retired from their jobs with health insurance benefits equal to

the insurance they received while on duty.

Section 617 prohibits funds made available in this Act from being

used to promote the sale or export of tobacco or tobacco products,

or to seek the reduction or removal of foreign restrictions on the

marketing of tobacco products, provided that such restrictions are

applied equally to all tobacco products or tobacco products of the

same type. This provision is not intended to impact routine international trade services provided to all U.S. citizens, including the

processing of applications to establish foreign trade zones.

Section 618 prohibits funds made available in this Act from being

used to implement a Federal user fee for background checks conducted pursuant to the Brady Handgun Control Act of 1993, or to

implement a background check system that does not require and

result in the destruction of certain information.

Section 619, modified from the current year, delays the obligations of any receipts deposited into the Crime Victims Fund in excess of $575,000,000 until October 1, 2001. Due to unprecedented

antitrust criminal fines in the last two years, receipts deposited

have greatly exceeded historical levels. Last year, programs supported by the Fund received a 50 percent increase. In fiscal year

2001, an additional 15 percent increase will be provided to these

programs. This Committee has continued to take this action to ensure that a stable source of funds will remain available for this program.

Section 620 prohibits the use of Department of Justice funds for

programs that discriminate against or denigrate the religious beliefs of students participating in such programs.

Section 621 prohibits the use of funds to process visas for citizens

of countries that deny or delay the repatriation of deported citizens.

Section 622 prohibits the use of Department of Justice funds to

transport high security prisoners to facilities not certified by the

Bureau of Prisons as appropriate to receive such prisoners.
135

The Committee has again this year included bill language which

prohibits the use of funds to take certain actions for the purpose

of implementing or in contemplation of preparing to implement, the

Kyoto Protocol. Although the Agencies and Departments may

under the current prohibition continue to conduct educational seminars and activities, it should ensure balance in those programs.

Balance does not mean merely that there is an acknowledgment of

viewpoints different from those of the Administration, but that

qualified representatives of those viewpoints are included in the

programs and in numbers roughly equal to the participants representing the Administration’s positions. One dissenting voice in

what is otherwise an obviously stacked or biased program does not

constitute balance.

The bill language is intended to prohibit funds provided in this

bill from being used to implement actions called for under the

Kyoto Protocol, prior to its ratification. Based on an identical provision in the 2000 Appropriations Act, the bill language prohibits the

proposing or issuing of rules, regulations, decrees, or orders, for the

purpose of implementing, or in preparation of implementing, the

Kyoto Protocol.

The Byrd-Hagel Resolution (S. Res. 105–98), which passed with

a vote of 95–0 in July 1997, remains the clearest statement of the

will of the Senate with regard to the Kyoto Protocol. Through the

prohibition contained herein, the Committee is committed to ensuring that the Administration not implement the Kyoto Protocol

without prior Congressional consent, including approval of any implementing legislation, regulation, programs, or initiatives.

TITLE VII—RESCISSIONS

RELATED AGENCIES

DEPARTMENT OF TRANSPORTATION

MARITIME ADMINISTRATION

MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM ACCOUNT

(RESCISSION)

The Committee recommends a rescission of $7,644,000 from remaining unobligated balances in this account.

CHANGES IN THE APPLICATION OF EXISTING LAW

Pursuant to clause 3(f)(1) of rule XIII of Rules of the House of

Representatives, the following statements are submitted describing

the effect of provisions in the accompanying bill which directly or

indirectly change the application of existing law.

Language is included for a number of accounts which places limitations on reception and representation allowances in order to reduce the amount of money that could otherwise be spent on these

activities.

Language is included in various parts of the bill to continue ongoing activities which require annual authorization or additional

legislation, which to date has not been enacted.

The bill includes provisions which place limitations on the use of

funds in the bill or change existing limitations and which might,
136

under some circumstances be construed as changing the application

of existing law.

The bill includes a number of provisions, which have been virtually unchanged for many years, that are technically considered

legislation.

The bill also provides that a number of appropriations shall remain available for obligation beyond the current fiscal year. While

these provisions are not specifically authorized for all of the items,

it is deemed desirable to include such language for certain programs in order to provide for orderly administration and the effective use of funds.

Language is included under a number of accounts in which appropriations are offset by collections that provide the level of offsetting collections to be credited to the account and in certain cases

makes collections in excess of that level available in the following

fiscal year.

In various places in the bill, the Committee has earmarked funds

within appropriation accounts in order to fund specific programs

and has adjusted some existing earmarkings.

Those additional changes in the fiscal year 2001 bill, which

might be interpreted as changing existing law, are as follows:

Under Department of Justice, Counterterrorism Fund, language

is modified setting forth authorized uses of the Fund.

Under United States Attorneys, language is modified designating

the number of positions and workyears provided for United States

Attorneys.

Under Detention Trustee, language is included establishing a

Federal Detention Trustee to exercise certain powers and functions

as authorized by law.

Under Justice Prisoner and Alien Transportation System Fund,

United States Marshals Service, language is included making permanent the establishment of the Fund to pay for the transportation

of prisoners and illegal and criminal aliens.

Under Federal Prisoner Detention, language is included allowing

the United States Marshals Service to enter into multiyear contracts for confinement of Federal Prisoners.

Under Community Relations Service, language is included to

allow the Attorney General to transfer funding from other DOJ

components to this account.

Under Federal Bureau of Investigation, language is amended

changing the limitation on the number of passenger and replacement motor vehicles.

Under Immigration and Naturalization Service, language is included to change the limitation on the number of passenger and replacement motor vehicles. Language is included limiting the annual overtime pay for the Citizenship and Benefits, Immigration

Support and Program Direction account. Language is also included

that would restrict funding for certain checkpoints.

Under Federal Prison System, Salaries and Expenses, language

is amended changing the limitation on the number of passenger

and replacement motor vehicles, and modifying the uses of carryover funding.

Under the State and Local Law Enforcement Assistance Program, language is included regarding the distribution of funds for

certain programs.
137

Under Community Oriented Policing Services, language allows

unobligated balances to be used for certain purposes. In addition,

language is included to allocate hiring funds to continue a school

violence initiative and to provide for grants for certain purposes.

Under Juvenile Justice Programs, language is included that provides funding for this program consistent with H.R. 1501 or comparable legislation, and subject to new authorization.

Under General Provisions—Department of Justice, Section 108

includes language making permanent provisions which delineate

the authority of the Assistant Attorney General for the Office of

Justice Programs.

Section 109 includes language extending a provision included in

the fiscal year 1999 Supplemental Appropriations Act, to allow assistance and services to be provided to the families of the victims

of Pan Am Flight 103.

Section 110 includes language limiting the authority granted to

the Department of Justice to seek reimbursement under section

109 of P.L. 103–317 to cases in which the United States is a defendant.

Section 111 includes language regarding the payment of certain

compensation from funds appropriated for fiscal year 2001.

Section 112 includes language to permit the collection of fees for

genealogy services and voluntary premium processing services for

Immigration and Naturalization Service activities.

Section 113 includes language to require the Attorney General to

notify the Committee before certifying amounts for appropriation

under provisions of the Social Security Act.

Under Department of Commerce, Patent and Trademark Office,

Salaries and Expenses, language is included limiting the availability of carryover into fiscal year 2001.

Under National Oceanic and Atmospheric Administration, Operations, Research, and Facilities, language is included providing specific funding amounts for each line office and other activities. The

bill includes language requiring standard reprogramming notification for the use of unanticipated deobligations.

Under General Provisions—Department of Commerce, Section

204, language is amended prohibiting the use of funds to pay unemployment compensation for temporary census workers.

Under General Provisions—the Judiciary, Section 304 includes

language to authorize the Judiciary to appoint certifying officers for

verifying receipt of, and ensuring availability of funds for goods

and services.

Under Department of State, Administration of Foreign Affairs,

Diplomatic and Consular Programs, language is included limiting

the Machine Readable Visa fees that can be spent in fiscal year

2001 and providing that any amount collected in excess of the limit

will be available in fiscal year 2002. In addition, language is included designating specific amounts for public diplomacy international information programs and worldwide security upgrades,

and allowing certain advances for services to remain available until

expended.

Under Embassy Security, Construction, and Maintenance, language is included designating a specific amount for worldwide security upgrades.
138

Under Repatriation Loans Program Account, language is included allowing administrative expenses to be merged with the

Diplomatic and Consular Programs account under Administration

of Foreign Affairs.

Under Contributions to International Organizations, language is

included requiring certification that the U.N. is keeping within its

budget.

Under Broadcasting Board of Governors, International Broadcasting Operations, language is included to provide authorities for

broadcasting to Cuba under this account.

Under General Provisions—Department of State and Related

Agency, Section 403, language is included designating the number

of Deputy Assistant Secretaries of State.

Section 405 includes language to create a Deputy Secretary of

State for Management and Resources.

In Related Agencies, Federal Trade Commission, language is included to establish a new Hart-Scott-Rodino fee structure.

Under Legal Services Corporation, language continuing current

statutory requirements is amended.

Under Small Business Administration, Business Loans Program

Account, language is included designating limitations to loan programs at authorized levels.

Under Disaster Loans Program Account, language is amended to

designate amounts for the direct and indirect administrative expenses of disaster loan making and servicing and to describe a reprogramming requirement. In addition, language is included to

allow a specified amount of funding to be transferred to the Office

of Inspector General.

Under Department of Transportation, Maritime Administration,

Maritime Guaranteed Loan (Title XI) Program Account, (Rescission), language is included rescinding funds.

APPROPRIATIONS NOT AUTHORIZED BY LAW

Pursuant to clause 3(f)(1) of rule XIII of the Rules of the House

of Representatives, the following table lists the appropriations in

the accompanying bill which are not authorized by law:

Department of Justice:

General Administration

Salaries and Expenses

Joint Automated Booking System

Narrowband Communications

Counterterrorism Fund

Telecommunications Carrier Compliance Fund

Administrative Review and Appeals

Detention Trustee

Office of the Inspector General

United States Parole Commission

Legal Activities

Salaries and Expenses, General Legal Activities

Salaries and Expenses, Antitrust Division

Salaries and Expenses, United States Attorneys

Salaries and Expenses, Foreign Claims Settlement Commission

Construction, United States Marshals Service

Fees and Expenses of Witnesses
139

Community Relations Service

Radiation Exposure Compensation, Administrative Expenses

Interagency Crime and Drug Enforcement

Federal Bureau of Investigation

Salaries and Expenses

Construction

Drug Enforcement Administration

Salaries and Expenses

Construction

Immigration and Naturalization Service

Enforcement and Border Affairs

Citizenship and Benefits, Immigration Support and Program Direction

Construction

Federal Prison System

Salaries and Expenses

Buildings and Facilities

Federal Prison Industries, Incorporated

Limitation on Administrative Expenses, Federal Prison

Industries, Incorporated

Office of Justice Programs

Justice Assistance

State and Local Law Enforcement Assistance

Community Oriented Policing Services with certain exceptions

Weed and Seed Program

Juvenile Justice Programs

Missing Children’s Programs

Victims of Child Abuse

Office of the United States Trade Representative

International Trade Commission

Department of Commerce:

Export Administration

International Trade Administration, except Import Administration

Minority Business Development Agency

National Telecommunications and Information Administration

Salaries and Expenses

Public Broadcasting Facilities, Planning and Construction

Information Infrastructure Grants

Technology Administration

National Institute of Standards and Technology

Scientific and Technical Research and Services

Industrial Technology Services

Construction of Research Facilities

National Oceanic and Atmospheric Administration

Operations, Research, and Facilities, with certain exceptions

Procurement, Acquisition and Construction

Pacific Coastal Salmon Recovery Fund

Coastal Zone Management Fund

Department of State:

Diplomatic and Consular Programs
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Payment to the American Institute in Taiwan

Broadcasting Board of Governors:

International Broadcasting Operations

Department of Transportation, Maritime Administration:

Operations and Training

Maritime Guaranteed Loan Program Account

Commission on Civil Rights

Federal Communications Commission, except offsetting fee collections

Federal Maritime Commission

Federal Trade Commission

Legal Services Corporation

Marine Mammal Commission

Securities and Exchange Commission

Small Business Administration

Salaries and Expenses, with certain exceptions

Business Loans Program Account

CONSTITUTIONAL AUTHORITY

Clause 3(d)(1) of rule XIII of the Rules of the House of Representatives states that:

Each report of a committee on a bill or joint resolution

of a public character, shall include a statement citing the

specific powers granted to the Congress in the Constitution

to enact the law proposed by the bill or joint resolution.

The Committee on Appropriations bases its authority to report

this legislation from Clause 7 of Section 9 of Article I of the Constitution of the United States of America which states:

No money shall be drawn from the Treasury but in consequence of Appropriations made by law. * * *

Appropriations contained in this Act are made pursuant to this

specific power granted by the Constitution.

COMPARISON WITH THE BUDGET RESOLUTION

Clause 3(c)(2) of rule XIII of the Rules of the House of Representatives requires an explanation of compliance with section

308(a)(1)(A) of the Congressional Budget and Impoundment Control

Act of 1974 (Public Law 93–344), as amended, which requires that

the report accompanying a bill providing new budget authority contain a statement detailing how that authority compares with the

reports submitted under section 302 of the Act for the most recently agreed to concurrent resolution on the budget for the fiscal

year from the Committee’s section 302(a) allocation.

Section 302(b)

allocation

Recommended in

this bill 1

Budget authority:

Mandatory ....................................................................................................................... 548 546

Discretionary ................................................................................................................... 34,904 34,904

Total budget authority ............................................................................................... 35,452 35,450

Outlays:

Mandatory ....................................................................................................................... 577 577
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Section 302(b)

allocation

Recommended in

this bill 1

Discretionary ................................................................................................................... 35,977 35,968

Total outlays ............................................................................................................... 36,554 36,545

1 Includes outlays from prior-year budget authority and from H.R. 3908, Emergency Supplemental Appropriations for Fiscal 2000.

FIVE-YEAR OUTLAY PROJECTIONS

In compliance with section 308(a)(1)(B) of the Congressional

Budget and Impoundment Control Act of 1974 (Public Law 93–

344), as amended, the following table contains five-year projections

associated with the budget authority provided in the accompanying

bill:

Fiscal year 2000 outlays

[In millions of dollars]

Budget authority .................................................................................... 35,450

Outlays:

2001 ................................................................................................. 24,001

2002 ................................................................................................. 6,600

2003 ................................................................................................. 3,466

2004 ................................................................................................. 1,161

2005 and future years .................................................................... 490

ASSISTANCE TO STATE AND LOCAL GOVERNMENTS

In accordance with section 308(a)(1)(C) of the Congressional

Budget and Impoundment Control Act of 1974 (Public Law 93–

344), as amended, the financial assistance to State and local governments is as follows:

Millions

FY 2001 new budget authority ............................................................. 3,599

FY 2001 outlays resulting therefrom ................................................... 558

PROGRAMS, PROJECTS, AND ACTIVITIES

During fiscal year 2001, for purposes of the Balanced Budget and

Emergency Deficit Control Act of 1985 (Public Law 99–177), as

amended, the following information provides the definition of the

term ‘‘program, project, and activity’’ for departments and agencies

under the jurisdiction of the Commerce, Justice, and State, the Judiciary, and Related Agencies Subcommittees of the House and

Senate. The term ‘‘program, project, and activity’’ shall include the

most specific level of budget terms identified in the Departments

of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2001, as passed by the House, and the

House report accompanying said Act.

In implementing any Presidential order, departments and agencies shall apply the percentage reduction required for fiscal year

2001 pursuant to the provisions of Public Law 99–177 to each program, project, activity and subactivity specified in the budget justification documents submitted to the Committees on Appropriations of the House and Senate in support of the fiscal year 2001

budget estimates, as amended, for such departments and agencies,

as modified by Congressional action. In addition, the departments

and agencies, in implementing the Presidential order, shall apply

the percentage reduction required for fiscal year 2001 to each

grantee of such department or agency as applicable. In addition,
142

the departments and agencies in implementing the Presidential

order, shall not: (1) eliminate any program, project or activity; (2)

reorder priorities or funds; or (3) initiate any program, project or

activity that was not funded in the fiscal year 2001 Appropriations

Act. However, for purposes of program execution, departments and

agencies may propose reprogramming between programs, projects

and activities pursuant to the provisions of the Committee’s reprogramming procedures after they implement the reductions

under the Balanced Budget Act.

COMPLIANCE WITH RULE XIII, CL. 3(e) (RAMSEYER RULE)

In compliance with clause 3(e) of rule XIII of the Rules of the

House of Representatives, changes in existing law made by the bill,

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italics,

existing law in which no change is proposed is shown in roman):

SECTION 286 OF THE IMMIGRATION AND NATIONALITY

ACT

DISPOSITION OF MONEYS COLLECTED UNDER THE PROVISIONS OF THIS

TITLE

SEC. 286. (a) * * *

* * * * * * *

(t) GENEALOGY FEE.—(1) There is hereby established the Genealogy Fee for providing genealogy research and information services.

This fee shall be deposited as offsetting collections into the Examinations Fee Account. Fees for such research and information services may be set at a level that will ensure the recovery of the full

costs providing all such services.

(2) The Attorney General will prepare and submit annually to

Congress statements of financial condition of the Genealogy Fee.

(3) Any officer or employee of the Immigration and Naturalization

Service shall collect fees prescribed under regulation before disseminating any requested genealogical information.

(u) PREMIUM FEE FOR EMPLOYMENT-BASED PETITIONS AND APPLICATIONS.—The Attorney General is authorized to establish and collect a premium fee for employment-based petitions and applications.

This fee shall be used to provide certain premium-processing services to business customers, and to make infrastructure improvements in the adjudications and customer-service processes. For approval of the benefit applied for, the petitioner/applicant must meet

the legal criteria for such benefit. This fee shall be set at $1,000,

shall be paid in addition to any normal petition/application fee

that may be applicable, and shall be deposited as offsetting collections in the Immigration Examinations Fee Account. The Attorney

General may adjust this fee according to the Consumer Price Index.

SECTION 1 OF THE STATE DEPARTMENT BASIC

AUTHORITIES ACT OF 1956

SECTION 1. (a) SECRETARY OF STATE.—

(1) * * *
143

(2) The Secretary øand the Deputy Secretary of State¿, the

Deputy Secretary of State, and the Deputy Secretary of State for

Management and Resources shall be appointed by the President, by and with the advice and consent of the Senate.

* * * * * * *

SECTION 5313 OF TITLE 5, UNITED STATES CODE

§ 5313. Positions at level II

Level II of the Executive Schedule applies to the following positions, for which the annual rate of basic pay shall be the rate determined with respect to such level under chapter 11 of title 2, as

adjusted by section 5318 of this title:

Deputy Secretary of Defense.

Deputy Secretary of State.

Deputy Secretary of State for Management and Resources.

* * * * * * *

SECTION 605 OF THE DEPARTMENTS OF COMMERCE,

JUSTICE, AND STATE, THE JUDICIARY, AND RELATED

AGENCIES APPROPRIATIONS ACT, 1990

PUBLIC LAW 101–162

SEC. 605. Five working days after enactment of this Act and

thereafter, the Federal Trade Commission shall assess and collect

filing fees established at ø$45,000 which¿ (1) $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; (2)

$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 (3) $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. 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.
144

TRANSFER OF FUNDS

Pursuant to clause 3(f)(2) of rule XII of the Rules of the House

of Representatives, language included under ‘‘National Oceanic and

Atmospheric Administration, Operations, Research and Facilities’’

and ‘‘National Oceanic and Atmospheric Administration, Procurement, Acquisition and Construction’’ provides certain transfer authority.

RESCISSIONS

Pursuant to clause 3(f)(2) of rule XII of the Rules of the House

of Representatives, the following table is submitted describing the

rescissions recommended in the accompanying bill:

Department of Transportation, Maritime Administration, Maritime

Guaranteed Loan (Title XI) Program Account ................................. ¥7,644,000
145

FULL COMMITTEE VOTES

Pursuant to the provisions of clause 3(a)(1)(b) of rule XIII of the

House of Representatives, the results of each rollcall vote on an

amendment or on the motion to report, together with the names of

those voting for and those voting against, are printed below:

ROLLCALL NO. 1

Date: June 14, 2000.

Measure: Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Bill, FY 2000.

Motion by: Mr. Knollenberg.

Description of motion: To insert a provision prohibiting the use

of funds provided in the bill to take certain actions to implement

the Kyoto Protocol on global climate change, which has not been

ratified by the Senate; and to insert accompanying report language.

Results: Adopted 29 yeas to 27 nays.

Members Voting Yea Members Voting Nay

Mr. Aderholt Mr. Boyd

Mr. Bonilla Mr. Cramer

Mr. Callahan Ms. DeLauro

Mr. Dickey Mr. Dicks

Mrs. Emerson Mr. Dixon

Mr. Frelinghuysen Mr. Edwards

Mr. Goode Mr. Farr

Ms. Granger Mr. Forbes

Mr. Hobson Mr. Hinchey

Mr. Istook Mr. Hoyer

Mr. Kingston Mr. Jackson

Mr. Knollenberg Ms. Kaptur

Mr. Kolbe Ms. Kilpatrick

Mr. Latham Mrs. Lowey

Mr. Lewis Mrs. Meek

Mr. Miller Mr. Mollohan

Mr. Nethercutt Mr. Murtha

Mrs. Northup Mr. Obey

Mr. Packard Mr. Olver

Mr. Peterson Mr. Pastor

Mr. Regula Ms. Pelosi

Mr. Rogers Mr. Porter

Mr. Skeen Mr. Price

Mr. Sununu Ms. Roybal-Allard

Mr. Tiahrt Mr. Sabo

Mr. Wamp Mr. Serrano

Mr. Wicker Mr. Visclosky

Mr. Wolf

Mr. Young
146

FULL COMMITTEE VOTES

Pursuant to the provisions of clause 3(a)(1)(b) of rule XIII of the

House of Representatives, the results of each rollcall vote on an

amendment or on the motion to report, together with the names of

those voting for and those voting against, are printed below:

ROLLCALL NO. 2

Date: June 14, 2000.

Measure: Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Bill, FY 2001.

Motion by: Mr. Serrano.

Description of motion: To increase by $164,000,000 the amounts

provided in the bill for the Legal Services Corporation.

Results: Adopted 26 yeas to 27 nays.

Members Voting Yea Members Voting Nay

Mr. Boyd Mr. Bonilla

Mr. Cramer Mr. Cunningham

Ms. DeLauro Mr. Dickey

Mr. Dicks Mr. Frelinghuysen

Mr. Dixon Mr. Goode

Mr. Edwards Ms. Granger

Mr. Farr Mr. Hobson

Mr. Forbes Mr. Istook

Mr. Hinchey Mr. Kingston

Mr. Hoyer Mr. Knollenberg

Mr. Jackson Mr. Kolbe

Ms. Kaptur Mr. Latham

Ms. Kilpatrick Mr. Lewis

Mrs. Lowey Mr. Miller

Mrs. Meek Mr. Nethercutt

Mr. Mollohan Mrs. Northup

Mr. Moran Mr. Packard

Mr. Murtha Mr. Peterson

Mr. Obey Mr. Rogers

Mr. Olver Mr. Skeen

Mr. Pastor Mr. Sununu

Ms. Pelosi Mr. Taylor

Mr. Price Mr. Tiahrt

Ms. Roybal-Allard Mr. Wamp

Mr. Sabo Mr. Wicker

Mr. Serrano Mr. Wolf

Mr. Young
147

FULL COMMITTEE VOTES

Pursuant to the provisions of clause 3(a)(1)(b) of rule XIII of the

House of Representatives, the results of each rollcall vote on an

amendment or on the motion to report, together with the names of

those voting for and those voting against, are printed below:

ROLLCALL NO. 3

Date: June 14, 2000.

Measure: Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Bill, FY 2001.

Motion by: Ms. DeLauro.

Description of motion: To decrease by $28,000,000 amounts provided for the Telecommunications Carrier Compliance Fund

(CALEA) and to provide $28,000,000 for direct assistance and research for lobster fisheries in the Long Island Sound.

Results: Rejected 24 yeas to 28 nays.

Members Voting Yea Members Voting Nay

Mr. Boyd Mr. Aderholt

Mr. Cramer Mr. Bonilla

Mr. Cunningham Mr. DeLay

Ms. DeLauro Mr. Dickey

Mr. Dicks Mr. Frelinghuysen

Mr. Dixon Mr. Goode

Mr. Edwards Ms. Granger

Mr. Farr Mr. Hodson

Mr. Forbes Mr. Istook

Mr. Hinchey Mr. Knollenberg

Mr. Hoyer Mr. Kolbe

Mr. Jackson Mr. Latham

Ms. Kaptur Mr. Lewis

Ms. Kilpatrick Mr. Miller

Mrs. Lowey Mr. Nethercutt

Mr. Moran Mrs. Northup

Mr. Obey Mr. Packard

Mr. Olver Mr. Peterson

Ms. Pelosi Mr. Porter

Mr. Price Mr. Regula

Ms. Roybal-Allard Mr. Rogers

Mr. Sabo Mr. Skeen

Mr. Serrano Mr. Sununu

Mr. Walsh Mr. Taylor

Mr. Wamp

Mr. Wicker

Mr. Wolf

Mr. Young
148

FULL COMMITTEE VOTES

Pursuant to the provisions of clause 3(a)(1)(b) of rule XIII of the

House of Representatives, the results of each rollcall vote on an

amendment or on the motion to report, together with the names of

those voting for and those voting against, are printed below:

ROLLCALL NO. 4

Date: June 14, 2000.

Measure: Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Bill, FY 2001.

Motion by: Mr. Dixon.

Description of motion: To increase State Department Contributions for International Peacekeeping Activities by $240,566,000 and

to strike report language pertaining to specific peacekeeping mission.

Results: Rejected 26 yeas to 27 nays.

Members Voting Yea Members Voting Nay

Mr. Aderholt Mr. Bonilla

Mr. Boyd Mr. Callahan

Ms. DeLauro Mr. Cunningham

Mr. Dickey Mr. DeLay

Mr. Dicks Mrs. Emerson

Mr. Dixon Mr. Frelinghuysen

Mr. Edwards Mr. Goode

Mr. Farr Ms. Granger

Mr. Forbes Mr. Hobson

Mr. Hinchey Mr. Istook

Mr. Hoyer Mr. Kingston

Mr. Jackson Mr. Knollenberg

Ms. Kilpatrick Mr. Latham

Mr. Kolbe Mr. Lewis

Mrs. Lowey Mr. Miller

Mrs. Meek Mr. Nethercutt

Mr. Moran Mr. Packard

Mr. Obey Mr. Peterson

Mr. Olver Mr. Regula

Ms. Pelosi Mr. Rogers

Mr. Price Mr. Skeen

Ms. Roybal-Allard Mr. Taylor

Mr. Sabo Mr. Tiahrt

Mr. Serrano Mr. Walsh

Mr. Visclosky Mr. Wamp

Mr. Wolf Mr. Wicker

Mr. Young
149

FULL COMMITTEE VOTES

Pursuant to the provisions of clause 3(a)(1)(b) of rule XIII of the

House of Representatives, the results of each rollcall vote on an

amendment or on the motion to report, together with the names of

those voting for and those against, are printed below:

ROLLCALL NO. 5

Date: June 14, 2000.

Measure: Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Bill, FY 2001.

Motion by: Mr. Obey.

Description of motion: To increase the amount provided for the

Federal Trade Commission by $30,000,000 and increase the

amount provided for the Department of Justice, Antitrust Division

by $21,000,000.

Results: Rejected 19 yeas to 26 nays.

Members Voting Yea Members Voting Nay

Mr. Boyd Mr. Aderholt

Ms. DeLauro Mr. Bonilla

Mr. Dicks Mr. Callahan

Mr. Edwards Mr. Cunningham

Mr. Farr Mr. Dickey

Mr. Hinchey Mrs. Emerson

Mr. Hoyer Mr. Goode

Mr. Jackson Ms. Granger

Mrs. Lowey Mr. Hobson

Mrs. Meek Mr. Kolbe

Mr. Mollohan Mr. Latham

Mr. Moran Mr. Lewis

Mr. Obey Mr. Miller

Mr. Olver Mr. Nethercutt

Mr. Price Mr. Packard

Ms. Roybal-Allard Mr. Peterson

Mr. Sabo Mr. Porter

Mr. Serrano Mr. Regula

Mr. Visclosky Mr. Rogers

Mr. Skeen

Mr. Tiahrt

Mr. Walsh

Mr. Wamp

Mr. Wicker

Mr. Wolf

Mr. Young
150

FULL COMMITTEE VOTES

Pursuant to the provisions of clause 3(a)(1)(b) of rule XIII of the

House of Representatives, the results of each rollcall vote on an

amendment or on the motion to report, together with the names of

those voting for and those against, are printed below:

ROLLCALL NO. 6

Date: June 14, 2000.

Measure: Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Bill, FY 2001.

Motion by: Mrs. Lowey.

Description of motion: To strike a provision under the Department of State, Contributions to International Organizations, that

conditions a portion of the funding provided upon certifications that

the United Nations has taken no action to exceed its biennial budget.

Results: Rejected 18 yeas to 34 nays.

Members Voting Yea Members Voting Nay

Ms. DeLauro Mr. Aderholt

Mr. Edwards Mr. Bonilla

Mr. Farr Mr. Boyd

Mr. Hinchey Mr. Cramer

Mr. Hoyer Mr. Cunningham

Mr. Jackson Mr. DeLay

Ms. Kilpatrick Mr. Dickey

Mrs. Lowey Mrs. Emerson

Mrs. Meek Mr. Frelinghuysen

Mr. Moran Mr. Goode

Mr. Obey Ms. Granger

Mr. Olver Mr. Hobson

Mr. Pastor Mr. Kingston

Mr. Price Mr. Knollenberg

Ms. Roybal-Allard Mr. Kolbe

Mr. Sabo Mr. Latham

Mr. Serrano Mr. Lewis

Mr. Visclosky Mr. Miller

Mr. Nethercutt

Mrs. Northup

Mr. Packard

Mr. Peterson

Mr. Porter

Mr. Regula

Mr. Rogers

Mr. Skeen

Mr. Sununu

Mr. Taylor

Mr. Tiahrt

Mr. Walsh

Mr. Wamp

Mr. Wicker

Mr. Wolf

Mr. Young
151

FULL COMMITTEE VOTES

Pursuant to the provisions of clause 3(a)(1)(b) of rule XIII of the

House of Representatives, the results of each rollcall vote on an

amendment or on the motion to report, together with the names of

those voting for and those voting against, are printed below:

ROLLCALL NO. 7

Date: June 14, 2000.

Measures: Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Bill, FY 2001.

Motion by: Mr. Serrano.

Description of motion: To increase funding for various accounts

in the bill to the following levels: Commission on Civil Rights,

$11,000,000; Equal Employment Opportunity Commission;

$322,000,000; General Legal Activities, $535,060,000; Community

Relations Service; $9,829,000; and Community Oriented Policing

Services, $625,000,000, of which $30,000,000 is designated for certain purposes.

Results: Rejected 17 yeas to 35 nays.

Members Voting Yea Members Voting Nay

Ms. DeLauro Mr. Aderholt

Mr. Edwards Mr. Bonilla

Mr. Farr Mr. Boyd

Mr. Hinchey Mr. Callahan

Mr. Hoyer Mr. Cramer

Mr. Jackson Mr. Cunningham

Ms. Kilpatrick Mr. DeLay

Mrs. Lowey Mr. Dickey

Mrs. Meek Mrs. Emerson

Mr. Moran Mr. Frelinghuysen

Mr. Obey Mr. Goode

Mr. Olver Ms. Granger

Mr. Pastor Mr. Hobson

Ms. Roybal-Allard Mr. Kingston

Mr. Sabo Mr. Knollenberg

Mr. Serrano Mr. Kolbe
152

Mr. Visclosky Mr. Latham

Mr. Lewis

Mr. Miller

Mr. Nethercutt

Mrs. Nothup

Mr. Packard

Mr. Peterson

Mr. Porter

Mr. Regula

Mr. Rogers

Mr. Skeen

Mr. Sununu

Mr. Taylor

Mr. Tiahrt

Mr. Walsh

Mr. Wamp

Mr. Wicker

Mr. Wolf

Mr. Young
153

FULL COMMITTEE VOTES

Pursuant to the provisions of clause 3(a)(1)(b) of rule XIII of the

House of Representatives, the results of each rollcall vote on an

amendment or on the motion to report, together with the names of

those voting for and those voting against, are printed below:

ROLLCALL NO. 8

Date: June 14, 2000.

Measure: Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Bill, FY 2001.

Motion by: Mr. Obey.

Description of motion: To increase various accounts by

$22,000,000 for a Trade Monitoring and Compliance Initiative.

Results: Rejected 24 yeas to 29 nays.

Members Voting Yea Members Voting Nay

Mr. Aderholt Mr. Bonilla

Mr. Boyd Mr. Callahan

Mr. Cramer Mr. Cunningham

Ms. DeLauro Mr. DeLay

Mr. Dicks Mr. Dickey

Mr. Edwards Mrs. Emerson

Mr. Farr Mr. Frelinghuysen

Mr. Hinchey Mr. Goode

Mr. Hoyer Ms. Granger

Ms. Kilpatrick Mr. Hobson

Mrs. Lowey Mr. Knollenberg

Mrs. Meek Mr. Kolbe

Mr. Mollohan Mr. Lewis

Mr. Moran Mr. Miller

Mr. Murtha Mr. Nethercutt

Mr. Obey Mrs. Northup

Mr. Olver Mr. Packard

Mr. Pastor Mr. Peterson

Ms. Pelosi Mr. Porter

Mr. Price Mr. Regula

Ms. Roybal-Allard Mr. Rogers

Mr. Sabo Mr. Skeen

Mr. Serrano Mr. Sununu

Mr. Visclosky Mr. Taylor

Mr. Tiahrt

Mr. Walsh

Mr. Wamp

Mr. Wolf

Mr. Young
154

FULL COMMITTEE VOTES

Pursuant to the provisions of clause 3(a)(1)(b) of rule XIII of the

House of Representatives, the results of each rollcall vote on an

amendment or on the motion to report, together with the names of

those voting for and those voting against, are printed below:

ROLLCALL NO. 9

Date: June 14, 2000.

Measure: Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Bill, FY 2001.

Motion by: Mr. Farr.

Description of motion: To increase by $86,000,000 the amounts

provided in the bill for the National Oceanic and Atmospheric Administration.

Results: Rejected 22 yeas to 28 nays.

Members Voting Yea Members Voting Nay

Mr. Boyd Mr. Aderholt

Mr. Cramer Mr. Bonilla

Ms. DeLauro Mr. Cunningham

Mr. Dicks Mr. DeLay

Mr. Edwards Mr. Dickey

Mr. Farr Mrs. Emerson

Mr. Hoyer Mr. Frelinghuysen

Ms. Kaptur Ms. Granger

Ms. Kilpatrick Mr. Hobson

Mrs. Lowey Mr. Kingston

Mrs. Meek Mr. Knollenberg

Mr. Mollohan Mr. Kolbe

Mr. Moran Mr. Lewis

Mr. Murtha Mr. Miller

Mr. Obey Mr. Nethercutt

Mr. Olver Mrs. Northup

Ms. Pelosi Mr. Packard

Mr. Price Mr. Porter

Ms. Roybal-Allard Mr. Regula

Mr. Sabo Mr. Rogers

Mr. Serrano Mr. Skeen

Mr. Visclosky Mr. Sununu

Mr. Taylor

Mr. Tiahrt

Mr. Walsh

Mr. Wamp

Mr. Wolf

Mr. Young
155

FULL COMMITTEE VOTES

Pursuant to the provisions of clause 3(a)(1)(b) of rule XIII of the

House of Representatives, the results of each rollcall vote on an

amendment or on the motion to report, together with the names of

those voting for and those voting against, are printed below:

ROLLCALL NO. 10

Date: June 14, 2000.

Measure: Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Bill, FY 2001.

Motion by: Mrs. Lowery.

Description of motion: To designate $150,000,000 under Department of Justice, Community Oriented Police Services for community prosecutors in high gun violence areas.

Results: Rejected 18 yeas to 31 nays.

Members Voting Yea Members Voting Nay

Mr. Boyd Mr. Aderholt

Ms. DeLauro Mr. Bonilla

Mr. Dicks Mr. Callahan

Mr. Edwards Mr. Cramer

Mr. Farr Mr. Cunningham

Mr. Hinchey Mr. DeLay

Ms. Kilpatrick Mr. Dickey

Mrs. Lowey Mr. Frelinghuysen

Mrs. Meek Mr. Goode

Mr. Moran Ms. Granger

Mr. Obey Mr. Hobson

Mr. Olver Mr. Kingston

Mr. Pastor Mr. Knollenberg

Ms. Pelosi Mr. Kolbe

Mr. Price Mr. Latham

Ms. Roybal-Allard Mr. Miller

Mr. Serrano Mr. Nethercutt

Mr. Visclosky Mrs. Northup

Mr. Packard

Mr. Peterson

Mr. Porter

Mr. Regula

Mr. Rogers

Mr. Skeen

Mr. Sununu

Mr. Taylor

Mr. Tiahrt

Mr. Walsh

Mr. Wamp

Mr. Wolf

Mr. Young
156

FULL COMMITTEE VOTES

Pursuant to the provisions of clause 3(a)(1)(b) of rule XIII of the

House of Representatives, the results of each rollcall vote on an

amendment or on the motion to report, together with the names of

those voting for and those voting against, are printed below:

ROLLCALL NO. 11

Date: June 14, 2000.

Measure: Departments of Commerce, Justice, and State, the Judiciary, and related Agencies Appropriations Bill, FY 2001.

Motion by: Mrs. Lowey.

Description of Motion: To increase by $79,000,000 amounts provided in the bill for Department of Commerce, Public Telecommunications Facilities, Planning and Construction.

Results: Rejected 20 yeas to 31 nays.

Members Voting Yea Members Voting Nay

Mr. Boyd Mr. Aderholt

Mr. Cramer Mr. Bonilla

Mr. DeLauro Mr. Callahan

Mr. Dicks Mr. Cunningham

Mr. Edwards Mr. DeLay

Mr. Farr Mr. Dickey

Mr. Hinchey Mrs. Emerson

Mr. Hoyer Mr. Frelinghuysen

Ms. Kaptur Mr. Goode

Ms. Kilpatrick Ms. Granger

Mrs. Lowey Mr. Hobson

Mrs. Meek Mr. Knollenberg

Mr. Moran Mr. Kolbe

Mr. Obey Mr. Latham

Mr. Olver Mr. Miller

Mr. Pastor Mr. Nethercutt

Ms. Pelosi Mrs. Northup

Mr. Price Mr. Packard

Ms. Roybal-Allard Mr. Peterson

Mr. Serrano Mr. Porter

Mr. Regula

Mr. Rogers

Mr. Skeen

Mr. Sununu

Mr. Taylor

Mr. Tiahrt

Mr. Walsh

Mr. Wamp

Mr. Wicker

Mr. Wolf

Mr. Young
157

FULL COMMITTEE VOTES

Pursuant to the provisions of clause 3(a)(1)(b) of rule XIII of the

House of Representatives, the results of each rollcall vote on an

amendment or on the motion to report, together with the names of

those voting for and those voting against, are printed below:

ROLLCALL NO. 12

Date: June 14, 2000.

Measure: Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Bill, FY 2001.

Motion by: Ms. Kaptur.

Description of motion: To earmark such sums as may be necessary within the Economic Development Administration to assist

certain communities.

Results: Rejected 20 yeas to 29 nays.

Members Voting Yea Members Voting Nay

Mr. Aderholt Mr. Bonilla

Mr. Boyd Mr. Callahan

Ms. DeLauro Mr. Cunningham

Mr. Dicks Mr. DeLay

Mr. Edwards Mr. Dickey

Mr. Farr Mrs. Emerson

Mr. Hinchey Mr. Frelinghuysen

Mr. Hoyer Mr. Goode

Ms. Kaptur Mr. Hobson

Ms. Kilpatrick Mr. Kingston

Mrs. Lowey Mr. Knollenberg

Mrs. Meek Mr. Kolbe

Mr. Moran Mr. Latham

Mr. Obey Mr. Miller

Mr. Olver Mr. Nethercutt

Mr. Pastor Mrs. Northup

Ms. Pelosi Mr. Packard

Mr. Price Mr. Peterson

Ms. Roybal-Allard Mr. Porter

Mr. Serrano Mr. Regula

Mr. Rogers

Mr. Skeen

Mr. Sununu

Mr. Taylor

Mr. Tiahrt

Mr. Wamp

Mr. Wicker

Mr. Wolf

Mr. Young
158

FULL COMMITTEE VOTES

Pursuant to the provisions of clause 3(a)(1)(b) of rule XIII of the

House of Representatives, the results of each rollcall vote on an

amendment or on the motion to report, together with the names of

those voting for and those voting against, are printed below:

ROLLCALL NO. 13

Date: June 14, 2000.

Measure: Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Bill, FY 2001.

Motion by: Ms. DeLauro.

Description of motion: To delete provisions in the bill that modify

Section 109 of the Department of Justice Appropriations Act, 1995,

and would require notification of expenditures from the Health

Care Fraud and Abuse Control Account; and to insert a new provision that would require distribution of funds recovered from tobacco litigation.

Results: Rejected 19 yeas to 30 nays.

Members Voting Yea Members Voting Nay

Ms. DeLauro Mr. Aderholt

Mr. Dicks Mr. Bonilla

Mr. Edwards Mr. Boyd

Mr. Farr Mr. Callahan

Mr. Hinchey Mr. Cunningham

Mr. Hoyer Mr. DeLay

Ms. Kaptur Mr. Dickey

Ms. Kilpatrick Mrs. Emerson

Mrs. Lowey Mr. Frelinghuysen

Mrs. Meek Mr. Goode

Mr. Moran Ms. Granger

Mr. Obey Mr. Hobson

Mr. Pastor Mr. Knollenberg

Ms. Pelosi Mr. Kolbe

Mr. Porter Mr. Latham

Ms. Roybal-Allard Mr. Miller

Mr. Serrano Mr. Mollohan

Mr. Wolf Mr. Nethercutt

Mr. Young Mrs. Northup

Mr. Packard

Mr. Peterson

Mr. Price

Mr. Regula

Mr. Rogers

Mr. Skeen

Mr. Sununu

Mr. Taylor

Mr. Tiahrt

Mr. Wamp

Mr. Wicker
159

COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL)

AUTHORITY

The following table provides a detailed summary, for each Department and agency, comparing the amounts recommended in the

bill with fiscal year 2000 enacted amounts and budget estimates

presented for fiscal year 2001:
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
(185)

ADDITIONAL VIEWS OF HON. JOSE ́ SERRANO AND HON.

DAVID OBEY

The fiscal year 2001 Commerce-Justice-State-Judiciary appropriations bill represents at best an unbalanced approach to spending priorities, and at worst an unnecessary exercise in futility,

since the Majority party knows this bill will look drastically different before it can become law. While some of the problems in the

previous year’s House version of this bill no longer exist (declaring

the decennial Census to be an unforeseen emergency, for example),

many of the problems with last year’s bill are repeated, and several

new concerns have been identified.

The fiscal year 2001 Commerce-Justice-State spending bill does

not fulfill the challenges of the changing national and global environmental and economy. The lack of balance in the funding provided shortchanges not only programs necessary to ensure a fair

and equitable business environment, but also programs aimed at

protecting the nation’s most vulnerable citizens. The reason this

bill does not meet these challenges is not specifically due to the

leadership of the Appropriations Committee. The fundamental

problem lies with the Majority party’s insistence on cutting taxes

by $170 billion over the next five years, and financing these cuts

with unrealistic reductions in discretionary spending. The Majority

continues to promote the fiction that their unaffordable tax cuts

can be paid for by reducing discretionary spending—and that

spending can be reduced without damaging programs. That is simply not true—and this bill in its current form is a key example of

the results of that way of thinking.

The Commerce-Justice-State bill does not have to be a partisan

exercise, yet each year it becomes increasingly more so. Both parties agree that lowering the nation’s crime rate is a priority Federal activity. Both parties support economic growth through fair

trade and expanded technological innovation. Both parties are committed to American leadership in world diplomacy. Yet the Majority party leadership in this House insists on sacrificing the funds

needed to meet these bipartisan goals in order to offer enormous

tax cuts mostly targeted at the richest families in the country.

There are several critical concerns with this legislation that need

to be highlighted to all Members of the House:

First—while the bill provides increased funding levels for the Department of Justice, particularly for Federal law enforcement agencies and for detention, it severely underfunds other Justice priorities, including initiatives aimed at maintaining competition to protect the rights of businesses and consumers, and programs that

protect the civil rights of all Americans.

Second, the bill continues to starve the Department of Commerce, by cutting programs and activities that are key to ensuring

continued economic prosperity and growth for this Nation, and de-
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nying increases requested by the Administration designed to further those goals.

Third, while the bill includes full funding for embassy security

and maintains current services levels for most State Department

programs, there are funding shortfalls and language provisions

that create more UN and peacekeeping arrears instead of honoring

the commitments made in prior years.

Fourth, the bill as reported continues the game played for the

past five years of underfunding the Legal Services Corporation and

expecting the situation to be partially corrected in a Floor amendment through cuts in other programs in the bill.

Finally, the bill includes several language provisions that are

controversial at best, and would lead to a veto of this bill by the

President if not changed.

Following are additional details on the shortcomings of this fiscal

year 2001 Commerce-Justice-State-Judiciary appropriations bill,

and the Democratic efforts to improve the bill during consideration

by the Full Appropriations Committee.

DEPARTMENT OF JUSTICE AND RELATED AGENCIES

The Committee continues to make funding crime at all levels a

high priority, and the results of these efforts are evident in falling

crime rates. Yet certain agencies within the Justice Department

continue to be cavalier about their responsibility to manage their

resources efficiently and effectively. Rather than disciplining those

agencies for not following the direction of Congress, the Majority

has chosen to reward them with funding increases.

While the Department of Justice in total fares better under this

mark than the other departments and agencies funded in this bill,

there are still major shortfalls in the bill for certain DOJ components, particularly: (1) Maintaining competition in the marketplace

to ensure the protection of the rights of consumers; (2) protecting

and preserving civil rights of all Americans; and (3) ensuring the

reimbursement to the Treasury of money paid by the taxpayers to

treat tobacco related illnesses.

Antitrust and Federal Trade Commission.—In the area of maintaining competition, the majority party again fails to provide the

necessary resources to ensure that DOJ’s Antitrust Division, as

well as the independent Federal Trade Commission, can keep pace

with changing economic realities. The current globalization and

consolidation of businesses, both U.S.-owned and foreign, are expected to continue, and the importance of preserving economic competition in the global marketplace cannot be overstated. The threat

to consumers is real: Anti-competitive behavior leads directly to

higher prices and reduced efficiency and innovation. The amounts

provided in this bill will barely allow the Antitrust Division to keep

up with inflation, and do nothing to provide the resources necessary to allow the Division, as well as the FTC, to keep up with

a crushing workload that is without historical precedent.

These two agencies more than pay for themselves, receiving their

funding from pre-merger filing fees collected under the Hart-ScottRodino Act. This bill provides for changes in those filing fees that

increase the resulting revenues from those fees by $100 million.

Yet the Majority party has proposed to invest less than $14 million
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of those increased fee revenues back into the two agencies responsible for doing the work that relates to these fees—resulting in

more than $85 million in scorekeeping adjustments that are used

to offset other spending in this bill. The Committee could have fully

funded the requests of the Antitrust Division and the Federal

Trade Commission and still had more than $35 million to invest in

other priorities in this bill.

An amendment offered at Full Committee by Mr. Obey to restore

the funding for the Antitrust Division and the FTC to their full requested levels, an additional $50.5 million above the amounts provided in the bill (Roll Call No. 5) failed 19–26 on a party line vote.

Civil Rights programs.—Other shortfalls in the recommendation

for the Department of Justice are the recommended funding levels

for programs related to the enforcement and protection of civil

rights for all Americans. Funding for DOJ’s Civil Rights Division

is reduced below the request, and is inadequate to maintain current services. Moreover, the funding level in the reported bill does

not provide funding to carry out important initiatives such as addressing police brutality through pattern and practice investigations; combating abuse and neglect in institutions such as nursing

homes, mental health facilities and juvenile detention and correctional facilities; addressing potential post-Census voting rights

cases, and more aggressively investigating and prosecuting hate

crimes.

The bill also continues to shortchange the budget of the Community Relations Service, an agency charged with assisting States and

local communities in resolving conflicts and preventing racial and

ethnic violence—the only Federal agency with such a mandate. The

bill also does not provide for new and expanded grant programs

under the COPS program for community crime prevention activities related to civil rights, including the Police Integrity and Hate

Crimes training initiative, and police recruitment to encourage diversified applicants to reflect the communities they serve.

The bill also underfunds other critical agencies involved in civil

rights, including the U.S. Commission on Civil Rights, funded

slightly below current year levels and 19 percent below the amount

requested; and the Equal Employment Opportunity Commission,

which is given an increase of $9 million above current year levels,

but is still almost 10 percent below the Administration’s request.

An amendment by Mr. Serrano at Full Committee, which sought

to restore funding for many of these programs to the requested levels, was defeated (Roll Call No. 7).

Legal Services Corporation.—The fiscal year 2001 Commerce-Justice-State spending bill continues the charade of purposefully

underfunding the Legal Services Corporation, the government

agency charged with assuring that poor people have access to equal

justice under the law. The bill as reported includes only $141 million for the Legal Services Corporation, a decrease of $164 million

below current year appropriated levels of $305 million and $199

million below the request of $340 million. This is the sixth year in

a row that the Subcommittee has reported a bill that includes only

$141 million for the LSC, a number that represented one-third of

the FY 1995 appropriated levels for LSC, but is absolutely meaningless now.
188

For the past five years, an amendment on the House Floor has

been offered by the Ranking Member of the Subcommittee, supported on a bipartisan basis, restoring the funding level for LSC to

about $250 million by cutting other accounts in the bill. As the

funding in this bill gets increasingly tighter, it becomes harder and

harder to find places to cut in order to offset the add-back for LSC.

The outlay rate for this account is high, so it is difficult to find accounts in the bill to cut that would not result in reductions in force.

And the level of $250 million that has typically been restored is

still far short of the amount needed to maintain critical legal assistance for the country’s poor and disadvantaged. It is time to stop

using the LSC as a pawn in a meaningless game played by the Majority, and to fund this important agency at the amount required

to ensure no reduction in the level of legal services available to the

poor.

An amendment offered by Mr. Serrano at Full Committee, which

would have only restored funding for Legal Services Corporation to

the current year funding level of $305 million, was defeated by a

vote of 26 Yeas to 27 Nays (Roll Call No. 2).

Tobacco Riders.—This bill includes two general provisions under

Title I which contribute to the Majority party’s effort to defund the

Department of Justice’s lawsuit against tobacco companies for the

purpose of recovering health care costs. These provisions, sections

110 and 113 of the reported bill, represent just one more attempt

to both put an end to the tobacco lawsuit and protect one of the

Majority party’s most generous political contributors. Section 110

and 113 would effectively prohibit the transfer of funds from other

agencies to cover the costs of the lawsuit.

During debate on this language, and on similar riders included

in other bills, it has been asserted that there is no need for other

agencies to pay for the tobacco lawsuit—that the Department of

Justice should be funding the litigation. Yet when the Administration requested direct funding under the Justice Department for the

tobacco lawsuit in fiscal year 2000 (a total of $20 million), that request was denied by this Subcommittee.

An amendment offered by Ms. DeLauro at Full Committee to delete these two provisions, and add a new section that would clarify

that any recoveries in the tobacco litigation in fiscal year 2001 and

thereafter would be available immediately to the Department of

Veterans Affairs, the Department of Defense, and the Department

of Health and Human Services for medical care activities, was defeated (Roll Call No. 13).

DEPARTMENT OF COMMERCE AND RELATED AGENCIES

The funding level in this bill will severely undercut the Department’s ability to perform its critical role in fostering economic

growth in trade and technology and promoting sound environmental stewardship. At over $1 billion below the President’s request for fiscal year 2001, this bill fails to make many of the necessary inflationary adjustments to the Commerce Department’s

base funding from last year—something the bill does include for

the Department of Justice and other agencies. If the Department’s

funding remains at the bill’s proposed levels, significant lay-offs
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could occur and important programs and activities would be jeopardized.

Trade Compliance Initiative.—One new initiative not funded in

this recommendation is the President’s Trade Compliance initiative. This $22 million initiative, under the Department of Commerce International Trade Administration, the Office of the U.S.

Trade Representative, the Department of State and the Department of Agriculture, is intended to support trade compliance efforts

with China and to more rigorously enforce current trade agreements.

Just one month ago, on May 24, 2000, the House passed H.R.

4444, a bill to grant Child permanent normal trading relations

with the United States. During the debate on that bill, supporters

of granting China an expanded trade relationship—including the

leaders of the Majority party—spoke of the need to rigorously enforce that agreement. This bill fails to provide any of the additional

funds identified by the Administration as necessary to ensure reliable oversight, monitoring, and enforcement of the China trade

agreement.

During Full Committee markup of this bill, Mr. Obey offered an amendment to restore $22 million, the full amount requested for

the Administration’s Trade Compliance Initiative. That amendment

was rejected on party line vote (Roll Call No. 8).

National Oceanic and Atmospheric Administration.—Another

failure in this bill is the overall funding for the National Oceanographic and Atmospheric Administration (NOAA), which is cut

$113 million below current year levels and $530 million below the

budget request for fiscal year 2001. The Majority argues that the

cuts below the current fiscal year reflect projects earmarked by the

other body and thus will have no programmatic impact on the core

operations of the National Ocean Service, the National Marine

Fisheries Service, the National Weather Service, and Oceanic and

Atmospheric Research. Yet a closer look at the cuts reveals that

there will be significant impacts: The failure to provide inflationary

cost increases for core programs, and other cuts in line items that

fund ongoing research and operational programs, could lead to

staffing reductions of up to 1,000 NOAA employees. These cuts

could mean that NOAA customers would receive reduced services—

including nautical charts, long-term climate and weather data, and

fishery stock assessments.

At the Full Committee markup of this bill, Mr. Farr offered an

amendment that would have restored most components of NOAA to

their total current year funding level, and redirected the additional

spending to investments in the core programs of each line agency.

This amendment would have allowed for the expansion of certain

coastal, fisheries, and research programs toward the levels requested in the President’s fiscal year 2001 budget request. This

amendment (Roll Call No. 9) failed on a party line vote.

Public Broadcasting Digital Conversion.—This bill as reported

fails to adequately fund the transition to digital broadcasting for

many public television and radio stations. Failure to adequately

fund the transition to Digital broadcasting of many public television and radio stations at the President’s request level jeopardizes public broadcasting’s ability to comply with a congressional
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mandate to switch from analog to digital transmission. The Telecommunications Act of 1996 and the Balanced Budget Act of 1997

require that the analog spectrum currently used by television

broadcasters be auctioned and the funds returned to the U.S.

Treasury. In compliance with these Acts, the Federal Communications Commission (FCC) adopted rules which require that all public

television stations begin digital broadcasting by May 1, 2003. All

analog television broadcasting must be discontinued by May 1,

2006. For many stations, the cost of digital conversion is projected

to exceed their annual revenues. If forced to convert without Federal assistance, many stations, especially in small and rural markets, will be forced to reduce their services or even go off the air.

An amendment offered by Ms. Lowey at Full Committee to restore funding for the Public Telecommunications Facilities Program

to the full requested level of $110 million was rejected on a party

line vote (Roll Call No. 11)

Economic Statistics.—In the area of economic statistics, funding

levels have remained virtually unchanged for the last five years.

During this time the Republicans in Congress have denied annual

budget requests to fund economic statistical initiatives, developed

in concert with data users, to maintain and improve the quality of

the GDP and to keep pace with the rapidly growing economy. No

one can deny that the economy and the way Americans do business

is changing. But funding the non-decennial Census statistical agencies at these constrained levels places them further behind schedule in multi-year plans to update and improve economic accounts.

While these programs have gone unfunded, the magnitude and

scope of the gaps and discrepancies in economic statistics have increased, and the cost and effort needed to fix the problems have

only multiplied.

STATE DEPARTMENT

This Committee has been instrumental in getting reforms in the

United Nations in exchange for our commitment to pay the back

dues we owe the U.N. and its specialized agencies. With the funding of the full amount owed for prior arrears completed in the fiscal

year 2000 bill, this issue should be behind us. But here we go

again—this bill includes two provisions that create more U.N. arrears instead of honoring our commitment to finally pay our bills.

First, $100 million of our U.N. dues payment is fenced pending

a semiannual State Department certification that the U.N. is living

within its approved budget. Since the U.S. pays 25% of the U.N.

budget in the last quarter of the budget year, delaying payment of

over one-third of the U.S. contribution for more than six months

deprives the U.N. of sorely needed operating funds and puts the

U.S. into further arrears. Second, U.N. Peacekeeping is underfunded by $240 million or 33%, and report language is included

that specifically denies funding for U.N. African missions in Sierra

Leone, Congo, Angola, Ethiopia/Eritrea, and Western Sahara. Both

provisions reduce our leverage at the time when we are trying to

lower our U.N. assessment rate and achieve further reforms at the

U.N. Both actions will create further arrears at the U.N., reinforcing the image painted by our international adversaries of the

U.S. as a deadbeat when it comes to paying U.N. dues.
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Refusing to pay for U.N. peacekeeping could also result in much

heavier expenses being passed on to the U.S. taxpayers. Problems

not dealt with on a multilateral basis are likely to fester and create

a level of international instability that can not be ignored and may

require the commitment of U.S. troops. Currently U.S. troops are

not involved in any of the peacekeeping missions at issue, and the

U.S. is responsible for only one quarter of the costs of the U.N.

troops from other nations, most of which can be deployed at a fraction of the cost of using U.S. troops. United Nations peacekeeping

missions can prevent further bloodshed and reduce tragedies in

ares of the world, without the U.S. having to send in troops. However, we do have a responsibility to pay our fair share to the troopcontributing countries. It is ironic that the same Majority party

that insisted on reforms in the U.N. is now tying the hands of the

State Department in terms of being able to negotiate those very reforms. We can’t convince other U.N. members to vote to lower our

assessment rate from 25% to 22% (causing their own rates to increase) at the same time that we are going further into arrears by

not paying our bills.

Congress is being shortsighted in trying to micromanage U.N.

peacekeeping efforts by not approving the payment of bills from already appropriated funds for specific U.N. peacekeeping missions.

Report language directs the State Department to ‘‘live within the

appropriation and to take no action in terms of extending existing

missions or creating new missions for which funding is not available.’’ To comply with this report language, the United States

would have to exercise its veto authority for new or expanded

peacekeeping missions in the U.N. Security Council based solely on

approval of advance notifications to the subcommittee chairman,

regardless of the world situation necessitating U.N. peacekeepers.

Since the U.S. cannot unilaterally regulate war and peace in the

world, it follows that we cannot solely determine whether hostilities in different areas of the world will result in peace agreements requiring U.N. peacekeepers. Funding for U.N. peacekeeping

should not be capped at a particular level because one subcommittee chairman thinks that level is enough.

During consideration of this bill at Full Committee, Mr. Dixon of- fered an amendment (Roll Call No. 4) to restore $241 million for

U.N. assessed peacekeeping payments, to the total requested level

of $739 million. The amendment, which was rejected by only one

vote (26 Yeas to 27 Nays), would also have eliminated report language prohibiting funding for African missions in Sierra Leone,

Congo, Angola, Ethiopia/Eritrea, and Western Sahara.

CONCLUSION

This bill can and should be improved in a variety of areas. In addition to programs mentioned above, there are other underfunded

or unaddressed needs in this bill in the areas of crime prevention,

small business assistance, and the expansion of technological innovations, that are far too numerous to list. But the means to fully

address all of the shortfalls in the bill are not available within the

Subcommittee’s current funding allocation. The Chairman of the

Subcommittee has put together a bill that seeks to reflect his own

and his party’s priorities within the amounts available to him. In
192

many cases, the recommendations made in this bill reflect the priorities of both parties, and we commend the Chairman for that.

The fundamental problem is the Majority party’s overall budget

strategy, which seeks to shrink domestic appropriations in order to

finance their agenda of tax cuts targeted to the most well off. This

bill is a direct consequence of that budget strategy.

JOSE ́ E. SERRANO.

DAVID OBEY.

Æ