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cluding aerostats) as may be required to house and operate
necessary television broadcasting equipment.
BROADCASTING CAPITAL IMPROVEMENTS
For the purchase, rent, construction, and improvement
of facilities for radio transmission and reception, and pur-
chase and installation of necessary equipment for radio and
television transmission and reception, $29,060,000, to re-
main available until expended.
In addition, for the costs of overseas security upgrades,
$2,015,000, to remain available until expended.
GENERAL PROVISIONS—DEPARTMENT OF STATE AND
RELATED AGENCY
SEC. 401. Funds appropriated under this title shall
be available, except as otherwise provided, for allowances
and differentials, for services, and for hire of passenger
transportation.
SEC. 402. Not to exceed 5 percent of any appropriation
made available for the current fiscal year for the Depart-
ment of State in this Act may be transferred between such
appropriations, but no such appropriation, except as other-
wise specifically provided, shall be increased by more than
10 percent by any such transfers: Provided, That not to ex-
ceed 5 percent of any appropriation made available for the
current fiscal year for the Broadcasting Board of Governors
in this Act may be transferred between such appropriations,
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but no such appropriation, except as otherwise specifically
provided, shall be increased by more than 10 percent by
any such transfers: Provided further, That any transfer
pursuant to this section shall be treated as a reprogram-
ming of funds under section 605 of this Act and shall not
be available for obligation or expenditure except in compli-
ance with the procedures set forth in that section.
SEC. 403. (a)(1) Notwithstanding any other provision
of law, the Secretary of State is authorized to establish by
regulation a fee to be charged and collected with applica-
tions for export licenses for munitions, satellites, and re-
lated items on the United States Munitions List controlled
under section 38 of the Arms Export Control Act.
(2) The fee established under paragraph (1) may be
set at a level that would ensure the recovery of the full costs
of providing the services of the Office of Defense Trade Con-
trols of the Department of State, including the recovery of
any additional costs associated with the administration by
the Office of the fees charged and collected under paragraph
(1).
(b) That, in fiscal year 2001 and each fiscal year
thereafter, all fees charged and collected under paragraph
(1) shall be retained and deposited as an offsetting collec-
tion to any Department of State appropriation to recover
all costs associated with the administration of the defense
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export control regime, and shall remain available until ex-
pended.
SEC. 404. None of the funds made available in this
Act may be used by the Department of State or the Broad-
casting Board of Governors to provide equipment, technical
support, consulting services, or any other form of assistance
to the Palestinian Broadcasting Corporation.
SEC. 405. None of the funds appropriated or otherwise
made available in this Act for the United Nations may be
used by the United Nations for the promulgation or enforce-
ment of any treaty, resolution, or regulation authorizing
the United Nations, or any of its specialized agencies or
affiliated organizations, to tax any aspect of the Internet.
SEC. 406. None of the funds appropriated or otherwise
made available by this Act or any other Act for fiscal year
2001 or any fiscal year thereafter may be obligated or ex-
pended for the operation of a United States consulate or
diplomatic facility in Jerusalem unless such consulate or
diplomatic facility is under the supervision of the United
States Ambassador to Israel.
SEC. 407. None of the funds appropriated or otherwise
made available by this Act or any other Act for fiscal year
2001 or any fiscal year thereafter may be obligated or ex-
pended for the publication of any official Government docu-
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ment which lists countries and their capital cities unless
the publication identifies Jerusalem as the capital of Israel.
SEC. 408. For the purposes of registration of birth, cer-
tification of nationality, or issuance of a passport of a
United States citizen born in the city of Jerusalem, the Sec-
retary of State shall, upon request of the citizen, record the
place of birth as Israel.
SEC. 409. Notwithstanding any other provision of law,
none of the funds appropriated or otherwise made available
by this or any other Act may be used to allow for the entry
into, or withdrawal from warehouse for consumption in the
United States of diamonds if the country of origin in which
such diamonds were mined (as evidenced by a legible certifi-
cate of origin) is the Republic of Sierra Leone, the Republic
of Liberia, the Republic of Cote d’Ivoire, Burkina Faso, the
Democratic Republic of the Congo, or the Republic of An-
gola with the exception of diamonds certified by the lawful
governments of the Republic of Sierra Leone, the Demo-
cratic Republic of the Congo, or the Republic of Angola.
This title may be cited as the ‘‘Department of State
and Related Agency Appropriations Act, 2001’’.
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TITLE V—RELATED AGENCIES
DEPARTMENT OF TRANSPORTATION
MARITIME ADMINISTRATION
MARITIME SECURITY PROGRAM
For necessary expenses to maintain and preserve a
U.S.-flag merchant fleet to serve the national security needs
of the United States, $98,700,000, to remain available until
expended.
OPERATIONS AND TRAINING
For necessary expenses of operations and training ac-
tivities authorized by law, $80,240,000.
MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM
ACCOUNT
For the cost of guaranteed loans, as authorized by the
Merchant Marine Act, 1936, $20,221,000, to remain avail-
able until expended: Provided, That such costs, including
the cost of modifying such loans, shall be as defined in sec-
tion 502 of the Congressional Budget Act of 1974, as
amended.
In addition, for administrative expenses to carry out
the guaranteed loan program, not to exceed $4,179,000,
which shall be transferred to and merged with the appro-
priation for Operations and Training.
ADMINISTRATIVE PROVISIONS—MARITIME ADMINISTRATION
Notwithstanding any other provision of this Act, the
Maritime Administration is authorized to furnish utilities
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and services and make necessary repairs in connection with
any lease, contract, or occupancy involving Government
property under control of the Maritime Administration,
and payments received therefore shall be credited to the ap-
propriation charged with the cost thereof: Provided, That
rental payments under any such lease, contract, or occu-
pancy for items other than such utilities, services, or repairs
shall be covered into the Treasury as miscellaneous receipts.
No obligations shall be incurred during the current fis-
cal year from the construction fund established by the Mer-
chant Marine Act, 1936, or otherwise, in excess of the ap-
propriations and limitations contained in this Act or in
any prior appropriation Act.
COMMISSION FOR THE PRESERVATION OF AMERICA’S
HERITAGE ABROAD
SALARIES AND EXPENSES
For expenses for the Commission for the Preservation
of America’s Heritage Abroad, $490,000, as authorized by
section 1303 of Public Law 99–83.
COMMISSION ON CIVIL RIGHTS
SALARIES AND EXPENSES
For necessary expenses of the Commission on Civil
Rights, including hire of passenger motor vehicles,
$8,900,000: Provided, That not to exceed $50,000 may be
used to employ consultants: Provided further, That none of
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the funds appropriated in this paragraph shall be used to
employ in excess of four full-time individuals under Sched-
ule C of the Excepted Service exclusive of one special assist-
ant for each Commissioner: Provided further, That none of
the funds appropriated in this paragraph shall be used to
reimburse Commissioners for more than 75 billable days.
COMMISSION ON OCEAN POLICY
SALARIES AND EXPENSES
For the necessary expenses of the Commission on
Ocean Policy, pursuant to S. 2327 as passed the Senate,
$1,000,000, to remain available until expended: Provided,
That the Commission shall present to the Congress within
18 months of appointment its recommendations for a na-
tional ocean policy.
COMMISSION ON SECURITY AND COOPERATION IN EUROPE
SALARIES AND EXPENSES
For necessary expenses of the Commission on Security
and Cooperation in Europe, as authorized by Public Law
94–304, $1,370,000, to remain available until expended as
authorized by section 3 of Public Law 99–7.
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Equal Employment Op-
portunity Commission as authorized by title VII of the
Civil Rights Act of 1964, as amended (29 U.S.C. 206(d)
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and 621–634), the Americans with Disabilities Act of 1990,
and the Civil Rights Act of 1991, including services as au-
thorized by 5 U.S.C. 3109; hire of passenger motor vehicles
as authorized by 31 U.S.C. 1343(b); non-monetary awards
to private citizens; and not to exceed $31,000,000 for pay-
ments to State and local enforcement agencies for services
to the Commission pursuant to title VII of the Civil Rights
Act of 1964, as amended, sections 6 and 14 of the Age Dis-
crimination in Employment Act, the Americans with Dis-
abilities Act of 1990, and the Civil Rights Act of 1991,
$294,800,000: Provided, That the Commission is authorized
to make available for official reception and representation
expenses not to exceed $2,500 from available funds.
FEDERAL COMMUNICATIONS COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Federal Communications
Commission, as authorized by law, including uniforms and
allowances therefor, as authorized by 5 U.S.C. 5901–5902;
not to exceed $600,000 for land and structure; not to exceed
$500,000 for improvement and care of grounds and repair
to buildings; not to exceed $4,000 for official reception and
representation expenses; purchase (not to exceed 16) and
hire of motor vehicles; special counsel fees; and services as
authorized by 5 U.S.C. 3109, $237,188,000, of which not
to exceed $300,000 shall remain available until September
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30, 2002, for research and policy studies: Provided, That
$200,146,000 of offsetting collections shall be assessed and
collected pursuant to section 9 of title I of the Communica-
tions Act of 1934, as amended, and shall be retained and
used for necessary expenses in this appropriation, and shall
remain available until expended: Provided further, That the
sum herein appropriated shall be reduced as such offsetting
collections are received during fiscal year 2001 so as to re-
sult in a final fiscal year 2001 appropriation estimated at
$37,042,000: Provided further, That no amount appro-
priated under this Act may be obligated or expended by
the Federal Communications Commission to grant or trans-
fer a license or authorization under section 310(b)(4) of the
Communications Act of 1934 (47 U.S.C. 310(b)(4)) or sec-
tion 90.115 of the Commissions regulations (47 C.F.R.
90.115) to a corporation of which more than 25 percent
of the stock is directly or indirectly owned or voted by a
foreign government or its representatives.
FEDERAL MARITIME COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Federal Maritime Com-
mission as authorized by section 201(d) of the Merchant
Marine Act, 1936, as amended (46 U.S.C. App. 1111), in-
cluding services as authorized by 5 U.S.C. 3109; hire of pas-
senger motor vehicles as authorized by 31 U.S.C. 1343(b);
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and uniforms or allowances therefor, as authorized by 5
U.S.C. 5901–5902, $16,222,000: Provided, That not to ex-
ceed $2,000 shall be available for official reception and rep-
resentation expenses.
FEDERAL TRADE COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Federal Trade Commis-
sion, including uniforms or allowances therefor, as author-
ized by 5 U.S.C. 5901–5902; services as authorized by 5
U.S.C. 3109; hire of passenger motor vehicles; and not to
exceed $2,000 for official reception and representation ex-
penses, $157,600,000: Provided, That not to exceed $300,000
shall be available for use to contract with a person or per-
sons for collection services in accordance with the terms of
31 U.S.C. 3718, as amended: Provided further, That, not-
withstanding section 3302(b) of title 31, United States
Code, not to exceed $157,600,000 of offsetting collections de-
rived from fees collected for premerger notification filings
under the Hart-Scott-Rodino Antitrust Improvements Act
of 1976 (15 U.S.C. 18(a)) shall be retained and used for
necessary expenses in this appropriation, and shall remain
available until expended: Provided further, That the sum
herein appropriated from the general fund shall be reduced
as such offsetting collections are received during fiscal year
2000, so as to result in a final fiscal year 2000 appropria-
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tion from the general fund estimated at not more than $0,
to remain available until expended: Provided further, That
section 605 of Public Law 101–162 (15 U.S.C. section 18a
note), as amended, is further amended (1) by striking
‘‘$45,000 which’’ and inserting: ‘‘(a) $45,000, if as a result
of the acquisition, the acquiring person would hold an ag-
gregate total amount of the voting securities and assets of
the acquired person in excess of $35,000,000 but not exceed-
ing $99,999,999; (b) $100,000, if as a result of the acquisi-
tion, 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 exceed-
ing $199,999,999; or (c) $200,000, if as a result of the ac-
quisition, the acquiring person would hold an aggregate
total amount of the voting securities and assets of the ac-
quired person equal to or in excess of $200,000,000. Such
fees’’; and (2) by adding the following sentence: ‘‘Any mis-
representation of the aggregate total amount of the voting
securities and assets to be held as a result of the acquisition
would subject the acquiring person to civil penalties and
any other appropriate remedy as provided for under 15
U.S.C. section 18(a)(g).’’, immediately after the words ‘‘no
notification shall be considered filed until payment of the
fee required by this section.’’: Provided further, That none
of the funds made available to the Federal Trade Commis-
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sion shall be available for obligation for expenses authorized
by section 151 of the Federal Deposit Insurance Corpora-
tion Improvement Act of 1991 (Public Law 102–242; 105
Stat. 2282–2285).
LEGAL SERVICES CORPORATION
PAYMENT TO THE LEGAL SERVICES CORPORATION
For payment to the Legal Services Corporation to
carry out the purposes of the Legal Services Corporation
Act of 1974, as amended, $300,000,000, of which
$289,000,000 is for basic field programs and required inde-
pendent audits; $2,100,000 is for the Office of Inspector
General, of which such amounts as may be necessary may
be used to conduct additional audits of recipients; and
$8,900,000 is for management and administration.
ADMINISTRATIVE PROVISION—LEGAL SERVICES
CORPORATION
None of the funds appropriated in this Act to the Legal
Services Corporation shall be expended for any purpose pro-
hibited or limited by, or contrary to any of the provisions
of, sections 501, 502, 503, 504, 505, and 506 of Public Law
105–119, and all funds appropriated in this Act to the
Legal Services Corporation shall be subject to the same
terms and conditions set forth in such sections, except that
all references in sections 502 and 503 to 1997 and 1998
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shall be deemed to refer instead to 2000 and 2001, respec-
tively.
MARINE MAMMAL COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Marine Mammal Com-
mission as authorized by title II of Public Law 92–522,
as amended, $1,700,000.
SECURITIES AND EXCHANGE COMMISSION
SALARIES AND EXPENSES
For necessary expenses for the Securities and Exchange
Commission, including services as authorized by 5 U.S.C.
3109, the rental of space (to include multiple year leases)
in the District of Columbia and elsewhere, and not to exceed
$3,000 for official reception and representation expenses,
$194,652,000 from fees collected in fiscal year 2001 to re-
main available until expended, and from fees collected in
fiscal year 1999, $295,000,000, to remain available until
expended; of which not to exceed $10,000 may be used to-
ward funding a permanent secretariat for the International
Organization of Securities Commissions; and of which not
to exceed $100,000 shall be available for expenses for con-
sultations and meetings hosted by the Commission with for-
eign governmental and other regulatory officials, members
of their delegations, appropriate representatives and staff
to exchange views concerning developments relating to secu-
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rities matters, development and implementation of coopera-
tion agreements concerning securities matters and provision
of technical assistance for the development of foreign securi-
ties markets, such expenses to include necessary logistic and
administrative expenses and the expenses of Commission
staff and foreign invitees in attendance at such consulta-
tions and meetings including: (1) such incidental expenses
as meals taken in the course of such attendance; (2) any
travel and transportation to or from such meetings; and
(3) any other related lodging or subsistence: Provided, That
fees and charges authorized by sections 6(b)(4) of the Secu-
rities Act of 1933 (15 U.S.C. 77f(b)(4)) and 31(d) of the
Securities Exchange Act of 1934 (15 U.S.C. 78ee(d)) shall
be credited to this account as offsetting collections.
SMALL BUSINESS ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses, not otherwise provided for, of
the Small Business Administration as authorized by Public
Law 105–135, including hire of passenger motor vehicles
as authorized by 31 U.S.C. 1343 and 1344, and not to ex-
ceed $3,500 for official reception and representation ex-
penses, $143,475,000: Provided, That the Administrator is
authorized to charge fees to cover the cost of publications
developed by the Small Business Administration, and cer-
tain loan servicing activities: Provided further, That, not-
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withstanding 31 U.S.C. 3302, revenues received from all
such activities shall be credited to this account, to be avail-
able for carrying out these purposes without further appro-
priations. In addition, to reimburse the Small Business Ad-
ministration for qualified expenses of delinquent non-tax
debt collection, to be derived from increased agency collec-
tions of delinquent debt, 5 percent of such collections but
not to exceed $3,000,000.
NON-CREDIT BUSINESS ASSISTANCE PROGRAMS
For non-credit programs authorized under the Small
Business Act, as amended, $153,690,000, of which
$90,000,000 shall be for grants for performance in fiscal
year 2001 or fiscal year 2002: Provided, That any balances
of fiscal year 2000 funds appropriated for non-credit pro-
grams under the heading, ‘‘Salaries and Expenses’’, may
be transferred to this heading, to be available to carry out
these programs and to be available for the time period origi-
nally provided.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector Gen-
eral in carrying out the provisions of the Inspector General
Act of 1978, as amended (5 U.S.C. App.), $13,000,000.
BUSINESS LOANS PROGRAM ACCOUNT
For the cost of direct loans, $2,600,000, to be available
until expended; and for the cost of guaranteed loans,
$162,800,000, as authorized by 15 U.S.C. 631 note: Pro-
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vided, That such costs, including the cost of modifying such
loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974, as amended: Provided further, That
during fiscal year 2001, commitments to guarantee loans
under section 503 of the Small Business Investment Act of
1958, as amended, shall not exceed the amount of financings
authorized under section 20(e)(1)(B)(ii) of the Small Busi-
ness Act, as amended: Provided further, That during fiscal
year 2001, commitments for general business loans author-
ized under section 7(a) of the Small Business Act, as
amended, shall not exceed $10,000,000,000 without prior
notification of the Committees on Appropriations of the
House of Representatives and Senate in accordance with
section 605 of this Act: Provided further, That during fiscal
year 2001, commitments to guarantee loans under section
303(b) of the Small Business Investment Act of 1958, as
amended, shall not exceed the amount of guarantees of de-
bentures authorized under section 20(e)(1)(C)(ii) of the
Small Business Act, as amended.
In addition, for administrative expenses to carry out
the direct and guaranteed loan programs, $130,800,000,
which may be transferred to and merged with the appro-
priations for Salaries and Expenses.
DISASTER LOANS PROGRAM ACCOUNT
For the cost of direct loans authorized by section 7(b)
of the Small Business Act, as amended, $142,100,000 to re-
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main available until expended: Provided, That such costs,
including the cost of modifying such loans, shall be as de-
fined in section 502 of the Congressional Budget Act of
1974, as amended.
In addition, for administrative expenses to carry out
the direct loan program, $139,000,000, which may be trans-
ferred to and merged with appropriations for Salaries and
Expenses, of which $500,000 is for the Office of Inspector
General of the Small Business Administration for audits
and reviews of disaster loans and the disaster loan program
and shall be transferred to and merged with appropriations
for the Office of Inspector General.
ADMINISTRATIVE PROVISION—SMALL BUSINESS
ADMINISTRATION
Not to exceed 10 percent of any appropriation made
available for the current fiscal year for the Small Business
Administration in this Act may be transferred between such
appropriations, but no such appropriation shall be in-
creased by more than 20 percent by any such transfers: Pro-
vided, That any transfer pursuant to this paragraph shall
be treated as a reprogramming of funds under section 605
of this Act and shall not be available for obligation or ex-
penditure except in compliance with the procedures set forth
in that section.
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STATE JUSTICE INSTITUTE
SALARIES AND EXPENSES
For necessary expenses of the State Justice Institute,
as authorized by the State Justice Institute Authorization
Act of 1992 (Public Law 102–572; 106 Stat. 4515–4516),
$6,850,000, to remain available until expended: Provided,
That not to exceed $2,500 shall be available for official re-
ception and representation expenses.
Of the amount made available under the heading
‘‘COURT OF APPEALS, DISTRICT COURTS, AND OTHER JU-
DICIAL SERVICES’’ in title III of this Act, $8,000,000 is
transferred and made available for grants administered by
the State Justice Institute.
TITLE VI—GENERAL PROVISIONS
SEC. 601. No part of any appropriation contained in
this Act shall be used for publicity or propaganda purposes
not authorized by the Congress.
SEC. 602. No part of any appropriation contained in
this Act shall remain available for obligation beyond the
current fiscal year unless expressly so provided herein.
SEC. 603. The expenditure of any appropriation under
this Act for any consulting service through procurement
contract, pursuant to 5 U.S.C. 3109, shall be limited to
those contracts where such expenditures are a matter of pub-
lic record and available for public inspection, except where
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otherwise provided under existing law, or under existing
Executive order issued pursuant to existing law.
SEC. 604. (a) The caption for section 504 of title 28,
United States Code, is amended by replacing ‘‘Attorney’’
with ‘‘Attorneys’’.
(b) Section 504 of title 28, United States Code, is
amended by inserting after ‘‘General’’ the following, ‘‘and
a Deputy Attorney General for Combating Domestic Ter-
rorism’’.
(c) There is established within the Department of Jus-
tice the position of Deputy Attorney General for Combating
Domestic Terrorism, who shall be appointed by the Presi-
dent, by and with the advice and consent of the Senate.
(d) Subject to the authority of the Attorney General,
the Deputy Attorney General for Combating Domestic Ter-
rorism shall serve as the principal advisor to the Attorney
General on, and serve as the key government official respon-
sible for, national security policy and coordination for do-
mestic counterterrorism and antiterrorism, State and local
preparedness for weapons of mass destruction (including
chemical and biological weapons), security classifications
and clearances within the Department of Justice, and con-
tingency operations within the Department of Justice and
shall coordinate all functions of the Federal Government re-
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lated to domestic counterterrorism and antiterrorism ac-
tivities, including—
(1) the coordination of a National Strategy for
Combating Domestic Terrorism to be promulgated by
the President which shall establish national policies,
objectives, and priorities for preventing, preparing
for, and responding to domestic terrorist activities
within the United States;
(2) the coordination through consultation with
the appropriate entities, of the implementation of the
National Strategy for Combating Domestic Terrorism
policy and preparedness by the departments and
agencies of the Federal Government and by State and
local entities with responsibilities for combating do-
mestic terrorism; and
(3) the recommendation of changes in the organi-
zation and management of Federal departments and
agencies and State and local entities engaged in com-
bating domestic terrorism to the Congress, the Presi-
dent, and the Attorney General.
(e) For necessary expenses of the Office of the Deputy
Attorney General for Combating Domestic Terrorism,
$23,000,000, to remain available until expended.
(f) Notwithstanding any other provision of law, all au-
thorities, liabilities, funding, personnel, equipment, and
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real property associated with the Office of State and Local
Domestic Preparedness Support, the National Domestic
Preparedness Office, the Executive Office of National Secu-
rity, and such components which relate to domestic
counterterrorism and antiterrorism activities in the Office
of Intelligence Policy and Review and the Criminal Divi-
sion as are appropriate shall be transferred to the Deputy
Attorney General for Combating Domestic Terrorism not
later than 90 days after the required Presidential report.
SEC. 605. (a) None of the funds provided under this
Act, or provided under previous appropriations Acts to the
agencies funded by this Act that remain available for obli-
gation or expenditure in fiscal year 2001, or provided from
any accounts in the Treasury of the United States derived
by the collection of fees available to the agencies funded by
this Act, shall be available for obligation or expenditure
through a 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 re-
stricted; (4) relocates an office or employees; (5) reorganizes
offices, programs, or activities; or (6) contracts out or
privatizes any functions, or activities presently performed
by Federal employees; unless the Appropriations Commit-
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tees of both Houses of Congress are notified 15 days in ad-
vance of such reprogramming of funds.
(b) None of the funds provided under this Act, or pro-
vided under previous appropriations Acts to the agencies
funded by this Act that remain available for obligation or
expenditure in fiscal year 2001, or provided from any ac-
counts in the Treasury of the United States derived by the
collection of fees available to the agencies funded by this
Act, shall be available for obligation or expenditure for ac-
tivities, programs, or projects through 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 from a reduction in personnel which would result
in a change in existing programs, activities, or projects as
approved by Congress; unless the Appropriations Commit-
tees of both Houses of Congress are notified 15 days in ad-
vance of such reprogramming of funds.
SEC. 606. None of the funds made available in this
Act may be used for the construction, repair (other than
emergency repair), overhaul, conversion, or modernization
of vessels for the National Oceanic and Atmospheric Admin-
istration in shipyards located outside of the United States.
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SEC. 607. (a) Section 4(b) of the Securities Exchange
Act of 1934 (15 U.S.C. 78d(b)) is amended—
(1) by striking paragraphs (1) and (2), and in-
serting the following:
‘‘(1)(A) The Commission may appoint and fix
the compensation of such officers, attorneys, econo-
mists, examiners, and other employees as may be nec-
essary for carrying out its functions under this Act.
‘‘(B) Rates of basic pay for all employees of the
Commission may be set and adjusted by the Commis-
sion without regard to the provisions of chapter 51 or
subchapter III of chapter 53 of title 5, United States
Code.
‘‘(C) The Commission may provide additional
compensation and benefits to employees of the Com-
mission if the same type of compensation or benefits
are then being provided by any agency referred to
under section 1206(a) of the Financial Institutions
Reform, Recovery, and Enforcement Act of 1989 (12
U.S.C. 1833b(a)), or, if not then being provided, could
be provided by such an agency under applicable pro-
visions of law, rule, or regulation.
‘‘(D) In setting and adjusting the total amount
of compensation and additional benefits for employ-
ees, the Commission shall consult with, and seek to
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maintain comparability with, the agencies referred to
under section 1206(a) of the Financial Institutions
Reform, Recovery, and Enforcement Act of 1989 (12
U.S.C. 1833b).’’; and
(2) by redesignating paragraph (3) as para-
graph (2).
(b) Section 1206 of the Financial Institutions Reform,
Recovery, and Enforcement Act of 1989 (12 U.S.C. 1883b)
is amended—
(1) by inserting ‘‘(a) IN GENERAL.—’’ before
‘‘The Federal Deposit’’;
(2) by striking ‘‘the Thrift Depositor Protection
Oversight Board of the Resolution Trust Corpora-
tion,’’; and
(3) by adding at the end the following:
‘‘(b) In establishing and adjusting schedules of com-
pensation and additional benefits for employees of the Secu-
rities and Exchange Commission, which are to be deter-
mined solely by the Commission under applicable provi-
sions of law, the Commission shall inform the heads of the
agencies referred to under subsection (a) and Congress of
such compensation and benefits, and shall seek to maintain
comparability with such agencies regarding compensation
and benefits.’’.
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(c)(1) Section 3132(a)(1) of title 5, United States
Code, is amended—
(A) in subparagraph (C), by striking ‘‘or’’ after
the semicolon;
(B) in subparagraph (D), by inserting ‘‘or’’ after
the semicolon; and
(C) by adding at the end the following:
‘‘(E) the Securities and Exchange Commis-
sion.’’.
(2) Section 5373(a) of title 5, United States Code, is
amended—
(A) in paragraph (2), by striking ‘‘or’’ after the
semicolon;
(B) in paragraph (3), by striking the period and
inserting ‘‘; or’’; and
(C) by adding at the end the following:
‘‘(4) section 4(b) of the Securities Exchange Act
of 1934.’’.
(d) The amendments made by subsection (c)(1) shall
take effect on such date as the Securities and Exchange
Commission shall (by order published in the Federal Reg-
ister) prescribe, but in no event later than 1 year after the
date of enactment of this Act.
SEC. 608. None of the funds made available in this
Act may be used to implement, administer, or enforce any
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guidelines of the Equal Employment Opportunity Commis-
sion covering harassment based on religion, when it is made
known to the Federal entity or official to which such funds
are made available that such guidelines do not differ in any
respect from the proposed guidelines published by the Com-
mission on October 1, 1993 (58 Fed. Reg. 51266).
SEC. 609. (a) None of the funds appropriated or other-
wise made available by this Act shall be expended for any
purpose for which appropriations are prohibited by section
609 of the Departments of Commerce, Justice, and State,
the Judiciary, and Related Agencies Appropriations Act,
1999.
(b) The requirements in subparagraphs (A) and (B)
of section 609 of that Act shall continue to apply during
fiscal year 2001.
SEC. 610. That fees collected pursuant to Section 31
of the Securities Exchange Act of 1934 (15 U.S.C. 78ee)
for sales transacted on, and with respect to securities reg-
istered solely on, an exchange that is initially granted reg-
istration as a national securities exchange after February
24, 2000 shall be credited to this account as offsetting collec-
tions.
SEC. 611. Notwithstanding any other provision of law,
not more than 20 percent of the amount allocated to any
account from an appropriation made by this Act that is
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available for obligation only in the current fiscal year may
be obligated during the last 2 months of the fiscal year un-
less the Committees on Appropriations of the House of Rep-
resentatives and the Senate are notified prior to such obli-
gation in accordance with section 605 of this Act: Provided,
That this section shall not apply to the obligation of funds
under grant programs.
SEC. 612. Hereafter, none of the funds made available
in this Act shall be used to provide the following amenities
or personal comforts in the Federal prison system—
(1) in-cell television viewing except for prisoners
who are segregated from the general prison popu-
lation for their own safety;
(2) the viewing of R, X, and NC–17 rated mov-
ies, through whatever medium presented;
(3) any instruction (live or through broadcasts)
or training equipment for boxing, wrestling, judo, ka-
rate, or other martial art, or any bodybuilding or
weightlifting equipment of any sort;
(4) possession of in-cell coffee pots, hot plates or
heating elements; or
(5) the use or possession of any electric or elec-
tronic musical instrument.
SEC. 613. Any costs incurred by a department or agen-
cy funded under this Act resulting from personnel actions
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taken in response to funding reductions included in this
Act shall be absorbed within the total budgetary resources
available to such department or agency: Provided, That the
authority to transfer funds between appropriations ac-
counts as may be necessary to carry out this section is pro-
vided in addition to authorities included elsewhere in this
Act: Provided further, That use of funds to carry out this
section shall be treated as a reprogramming of funds under
section 605 of this Act and shall not be available for obliga-
tion or expenditure except in compliance with the proce-
dures set forth in that section.
SEC. 614. Hereafter, none of the funds made available
in this Act to the Federal Bureau of Prisons may be used
to distribute or make available any commercially published
information or material to a prisoner when it is made
known to the Federal official having authority to obligate
or expend such funds that such information or material is
sexually explicit or features nudity.
SEC. 615. (a) None of the funds appropriated or other-
wise made available by this Act shall be expended for any
purpose for which appropriations are prohibited by section
616 of the Departments of Commerce, Justice, and State,
the Judiciary, and Related Agencies Appropriations Act,
1999, as amended.
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(b) The requirements in subsections (b) and (c) of sec-
tion 616 of that Act shall continue to apply during fiscal
year 2001.
SEC. 616. None of the funds appropriated pursuant
to this Act or any other provision of law may be used for:
(1) the implementation of any tax or fee in connection with
the implementation of 18 U.S.C. 922(t); and (2) any system
to implement 18 U.S.C. 922(t) that does not require and
result in the destruction of any identifying information
submitted by or on behalf of any person who has been deter-
mined not to be prohibited from owning a firearm.
SEC. 617. Notwithstanding Section 1461(e)(3)(B) of
the Coastal Zone Management Act (15 U.S.C. 1451 et seq.),
financial assistance provided under this Act to the Depart-
ment of Fish and Game for the Katchemak Bay National
Estuarine Research Reserve joint facility, and to the Nature
Conservancy for Great Bay National Estuarine Research
Reserve may be used to pay the total costs of activities car-
ried out with the assistance.
SEC. 618. Section 309(j)(8) of the Communications Act
of 1934 is amended by adding new paragraph (D) as fol-
lows:
‘‘(D) PROTECTION OF INTERESTS.—
‘‘(i) Title 11, United States Code, or
any otherwise applicable Federal or state
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law regarding insolvencies or receiverships,
or any succeeding Federal law not expressly
in derogation of this subsection, shall not
apply to or be construed to apply to the
Commission or limit the rights, powers, or
duties of the Commission with respect to (a)
a license or permit issued by the Commis-
sion under this subsection or a payment
made to or a debt or other obligation owed
to the Commission relating to or rising
from such a license or permit, (b) an inter-
est of the Commission in property securing
such a debt or other obligation, or (c) an act
by the Commission to issue, deny, cancel, or
transfer control of such a license or permit.
‘‘(ii) Notwithstanding otherwise appli-
cable law, the Commission shall be deemed
to have a perfected, first priority security
interest in a license or construction permit
issued by the Commission under this sub-
section and the proceeds of such a license or
permit for which a debt or other obligation
is owed to the Commission under this sub-
section.
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‘‘(iii) This paragraph shall apply
retroactively, including to pending cases
and proceedings whether on appeal or other-
wise.’’.
SEC. 619. Notwithstanding any other provision of law,
amounts deposited or available in the Fund established
under 42 U.S.C. 10601 in any fiscal year in excess of
$500,000,000 shall not be available for obligation until the
following fiscal year.
SEC. 620. Notwithstanding any other provision of law,
in the event the Court of Federal Claims finds for the plain-
tiff in Doe v. United States [docket #98–896C], attorneys
in positions funded with amounts made available under the
headings ‘‘Salaries and Expenses, General Legal Activities’’
and ‘‘Salaries and Expenses, United States Attorneys’’ in
title I of this Act shall be compensated on an hourly basis,
weekly compensation to be determined by mechanical
means, and shall have such fixed breaks each work day as
are afforded other hourly workers employed by the Depart-
ment of Justice.
SEC. 621. None of the funds appropriated in this Act
shall be available for the purpose of granting either immi-
grant or nonimmigrant visas, or both, consistent with the
Secretary’s determination under section 243(d) of the Im-
migration and Nationality Act, to citizens, subjects, nation-
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als, or residents of countries that the Attorney General has
determined deny or unreasonably delay accepting the re-
turn of citizens, subjects, nationals, or residents under that
section.
SEC. 622. Earmarks, limitations, or minimum fund-
ing requirements contained in any other Act shall not be
applicable to funds appropriated under this Act.
SEC. 623. Title 18, section 4006(b)(1) is amended by
inserting, ‘‘, the Federal Bureau of Investigation’’ after
‘‘United States Marshals Service’’.
SEC. 624. Section 3022 of the 1999 Emergency Supple-
mental Appropriations Act (113 Stat. 100) is amended by
striking ‘‘between the date of enactment of this Act and Oc-
tober 1, 2000,’’.
SEC. 625. Section 623 of H.R. 3421 (the Departments
of Commerce, Justice, and State, the Judiciary, and Re-
lated Agencies Appropriations Act, 2000 (16 U.S.C. 3645)),
as enacted into law by section 1000(a)(1) of Public Law
106–113 (113 Stat. 1535), is amended—
(a) in subsection (a)(1) by striking ‘‘The North-
ern Fund and Southern Fund shall each receive
$10,000,000 of the amounts authorized by this sec-
tion.’’;
(b) by striking subsection (d) and inserting in
lieu thereof the following new subsection:
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‘‘(d)(1) PACIFIC SALMON TREATY.—
‘‘(A) For capitalizing the Northern Fund there is
authorized to be appropriated in fiscal years 2000,
2001, 2002, and 2003 a total of $75,000,000.
‘‘(B) For capitalizing the Southern Fund there is
authorized to be appropriated in fiscal years 2000,
2001, 2002, and 2003 a total of $65,000,000.
‘‘(C) To permanently retire commercial salmon
permits pursuant to the 1999 Pacific Salmon Treaty
Agreement, there is authorized to be appropriated in
fiscal years 2000, 2001, and 2002 a total of
$30,000,000.
‘‘(2) PACIFIC COASTAL SALMON RECOVERY.—
‘‘(A) For salmon habitat restoration, salmon
stock enhancement, and salmon research, including
the construction of salmon research and related facili-
ties, there is authorized to be appropriated for each
of fiscal years 2000, 2001, 2002, and 2003,
$90,000,000 to the States of Alaska, Washington, Or-
egon, and California. Amounts appropriated pursu-
ant to this subparagraph shall be made available as
direct payments. The State of Alaska may allocate a
portion of any funds it receives under this subsection
to eligible activities outside Alaska.
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‘‘(B) For salmon habitat restoration, salmon
stock enhancement, salmon research, and supplemen-
tation activities, there is authorized to be appro-
priated in each of fiscal years 2000, 2001, 2002, and
2003, $10,000,000 to be divided between the Pacific
Coastal tribes (as defined by the Secretary of Com-
merce) and the Columbia River tribes (as defined by
the Secretary of Commerce).’’.
SEC. 626. (a) SHORT TITLE OF SECTION.—This sec-
tion may be cited as ‘‘Amy Boyer’s Law’’.
(b) PROTECTING PRIVACY BY PROHIBITING DISPLAY
OF THE SOCIAL SECURITY NUMBER TO THE PUBLIC FOR
COMMERCIAL PURPOSES WITHOUT CONSENT.—
(1) IN GENERAL.—Part A of title XI of the So-
cial Security Act (42 U.S.C. 1301 et seq.) is amended
by adding at the end the following:
‘‘PROHIBITION OF CERTAIN MISUSES OF THE SOCIAL
SECURITY NUMBER
‘‘SEC. 1150A. (a) LIMITATION ON DISPLAY.—Except
as otherwise provided in this section, no person may dis-
play to the public any individual’s social security number,
or any identifiable derivative of such number, without the
affirmatively expressed consent, electronically or in writing,
of such individual.
‘‘(b) PROHIBITION OF WRONGFUL USE AS PERSONAL
IDENTIFICATION NUMBER.—No person may obtain any in-
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dividual’s social security number, or any identifiable deriv-
ative of such number, for purposes of locating or identifying
an individual with the intent to physically injure, harm,
or use the identity of the individual for illegal purposes.
‘‘(c) PREREQUISITES
FOR CONSENT.—In order for
consent to exist under subsection (a), the person displaying,
or seeking to display, an individual’s social security num-
ber, or any identifiable derivative of such number, shall—
‘‘(1) inform the individual of the general pur-
poses for which the number will be utilized and the
types of persons to whom the number may be avail-
able; and
‘‘(2) obtain affirmatively expressed consent elec-
tronically or in writing.
‘‘(d) EXCEPTIONS.—Except as set forth in subsection
(b), nothing in this section shall be construed to—
‘‘(1) prohibit any use of social security numbers
permitted or required under section 205(c)(2), section
7(a)(2) of the Privacy Act of 1974 (5 U.S.C. 552a
note; 88 Stat. 1909), section 6109(d) of the Internal
Revenue Code of 1986, the Fair Credit Reporting Act
(15 U.S.C. 1681 et seq.), or the Gramm-Leach-Bliley
Act (Public Law 106–102; 113 Stat. 1338);
‘‘(2) prohibit or limit the use of a social security
number for purposes of retrieval of other information
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by professional and commercial users who appro-
priately use the information in the normal course and
scope of their business or profession so long as such
number (or any identifiable derivative of such num-
ber) is not displayed to the public;
‘‘(3) prohibit or limit the use of the social secu-
rity number for purposes of law enforcement, includ-
ing investigation of fraud or as required under sub-
chapter II of chapter 53 of title 31, United States
Code, and chapter 2 of title I of Public Law 91–508
(12 U.S.C. 1951-1959); or
‘‘(4) prohibit or limit the use of a social security
number obtained from a public record or document
lawfully acquired from a governmental agency.
‘‘(e) CIVIL ACTION
IN UNITED STATES DISTRICT
COURT; DAMAGES; ATTORNEYS FEES AND COSTS; REGU-
LATORY COORDINATION.—
‘‘(1) IN GENERAL.—Any individual aggrieved by
any act of any person in violation of this section may
bring a civil action in a United States district court
to recover—
‘‘(A) such preliminary and equitable relief
as the court determines to be appropriate; and
‘‘(B) the greater of—
‘‘(i) actual damages;
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‘‘(ii) liquidated damages of $2,500; or
‘‘(iii) in the case of a violation that
was willful and resulted in profit or mone-
tary gain, liquidated damages of $10,000.
‘‘(2) ATTORNEY’S FEES AND COSTS.—In the case
of a civil action brought under paragraph (1)(B)(iii)
in which the aggrieved individual has substantially
prevailed, the court may assess against the respondent
a reasonable attorney’s fee and other litigation costs
and expenses (including expert fees) reasonably in-
curred.
‘‘(3) STATUTE OF LIMITATIONS.—No action may
be commenced under this subsection more than 3
years after the date on which the violation was or
should reasonably have been discovered by the ag-
grieved individual.
‘‘(4) NONEXCLUSIVE REMEDY.—The remedy pro-
vided under this subsection shall be in addition to
any other lawful remedy available to the individual.
‘‘(f) CIVIL MONEY PENALTIES.—
‘‘(1) IN GENERAL.—Any person who the Com-
missioner of Social Security determines has violated
this section shall be subject, in addition to any other
penalties that may be prescribed by law, to—
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‘‘(A) a civil money penalty of not more
than $5,000 for each such violation, and
‘‘(B) a civil money penalty of not more
than $50,000, if violations have occurred with
such frequency as to constitute a general business
practice.
‘‘(2) DETERMINATION
OF
VIOLATIONS.— Any
willful violation committed contemporaneously with
respect to the social security numbers of 2 or more in-
dividuals by means of mail, telecommunication, or
otherwise shall be treated as a separate violation with
respect to each such individual.
‘‘(3) ENFORCEMENT PROCEDURES.—The provi-
sions of section 1128A (other than subsections (a), (b),
(f), (h), (i), (j), and (m), and the first sentence of sub-
section (c)) and the provisions of subsections (d) and
(e) of section 205 shall apply to civil money penalties
under this subsection in the same manner as such
provisions apply to a penalty or proceeding under
section 1128A(a), except that, for purposes of this
paragraph, any reference in section 1128A to the Sec-
retary shall be deemed a reference to the Commis-
sioner of Social Security.
‘‘(4) COORDINATION WITH CRIMINAL ENFORCE-
MENT.—The Commissioner of Social Security shall
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take such actions as are necessary and appropriate to
ensure proper coordination of the enforcement of the
provisions of this section with criminal enforcement
under section 1028 of title 18, United States Code (re-
lating to fraud and related activity in connection
with identification documents). The Commissioner
shall enter into cooperative arrangements with the
Federal Trade Commission under section 5 of the
Identity Theft and Assumption Deterrence Act of
1998 (18 U.S.C. 1028 note) for purposes of achieving
such coordination.
‘‘(g) LIMITATION ON REGULATION BY STATES.—No re-
quirement or prohibition may be imposed under the laws
of any State with respect to any subject matter regulated
under this section.
‘‘(h) DEFINITION.—In this section, the term ‘display
to the public’ means the intentional placing of an individ-
ual’s social security number, or identifying portion thereof,
in a viewable manner on a web site that makes such infor-
mation available to the public, or otherwise intentionally
communicating an individual’s social security number, or
an identifying portion thereof, to the public.’’.
(2) EFFECTIVE DATE.—The amendment made by
paragraph (1) applies with respect to violations oc-
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curring on and after the date which is 2 years after
the date of enactment of this Act.
TITLE VII—RESCISSIONS
DEPARTMENT OF JUSTICE
GENERAL ADMINISTRATION
WORKING CAPITAL FUND
(RESCISSION)
Of the unobligated balances available under this head-
ing on September 30, 1997, $76,698,000 are rescinded.
LEGAL ACTIVITIES
ASSET FORFEITURE FUND
(RESCISSION)
Of the unobligated balances available under this head-
ing, $96,383,000 are rescinded.
FEDERAL BUREAU OF INVESTIGATION
SALARIES AND EXPENSES
(RESCISSION)
Of the unobligated balances available under this head-
ing for the Information Sharing Initiative, $40,000,000 are
rescinded.
DRUG ENFORCEMENT ADMINISTRATION
DRUG DIVERSION CONTROL FEE ACCOUNT
(RESCISSION)
Amounts otherwise available for obligation in fiscal
year 2001 for the Drug Diversion Control Fee Account are
reduced by $8,000,000.
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DEPARTMENT OF STATE AND RELATED AGENCY
INTERNATIONAL ORGANIZATIONS AND CONFERENCES
CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING
ACTIVITIES
(RESCISSION)
Of the unobligated balances available under this head-
ing, $212,744,000 are rescinded.
TITLE VIII—SOUTHWEST BORDER INITIATIVE
DEPARTMENT OF JUSTICE
SALARIES AND EXPENSES, UNITED STATES MARSHALS
SERVICE
For an additional amount for ‘‘Salaries and Expenses,
United States Marshals Service’’, $5,268,000, to remain
available until expended, for courthouse security equipment:
Provided, That the entire amount is designated by the Con-
gress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Def-
icit Control Act of 1985, as amended: Provided further,
That the entire amount shall be available only to the extent
that an official budget request for $5,268,000, that includes
designation of the entire amount of the request as an emer-
gency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress.
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CONSTRUCTION
For an additional amount for ‘‘Construction’’,
$5,625,000, to remain available until expended: Provided,
That the entire amount is designated by the Congress as
an emergency requirement pursuant to section 251(b)(2)(A)
of the Balanced Budget and Emergency Deficit Control Act
of 1985, as amended: Provided further, That the entire
amount shall be available only to the extent that an official
budget request for $5,625,000, that includes designation of
the entire amount of the request as an emergency require-
ment as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted by
the President to the Congress.
JUSTICE PRISONER AND ALIEN TRANSPORTATION SYSTEM
FUND, UNITED STATES MARSHALS SERVICE
For an additional amount for ‘‘Justice Prisoner and
Alien Transportation System Fund, United States Mar-
shals Service’’, $52,000,000, to remain available until ex-
pended, for two 727/737-type aircraft: Provided, That the
entire amount is designated by the Congress as an emer-
gency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of
1985, as amended: Provided further, That the entire
amount shall be available only to the extent that an official
budget request for $52,000,000, that includes designation of
the entire amount of the request as an emergency require-
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ment as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted by
the President to the Congress.
DRUG ENFORCEMENT ADMINISTRATION
SALARIES AND EXPENSES
For an additional amount for ‘‘Drug Enforcement Ad-
ministration, Salaries and Expenses’’, $22,500,000, to re-
main available until expended, for one plane, one heli-
copter, one forensic laboratory, equipment, and upgrades to,
and maintenance of, the El Paso Intelligence Center’s Infor-
mation System: Provided, That the entire amount is des-
ignated by the Congress as an emergency requirement pur-
suant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended: Pro-
vided further, That the entire amount shall be available
only to the extent that an official budget request for
$22,500,000, that includes designation of the entire amount
of the request as an emergency requirement as defined in
the Balanced Budget and Emergency Deficit Control Act
of 1985, as amended, is transmitted by the President to the
Congress.
IMMIGRATION AND NATURALIZATION SERVICE
SALARIES AND EXPENSES
For an additional amount for ‘‘Immigration and Nat-
uralization Service, Salaries and Expenses’’, $67,585,000,