[House Report 106-680] [From the U.S. Government Publishing Office] 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 R E P O R T 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 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] ---------------------------------------------------------------------------------------------------------------- 2001 recommendation compared with 2000 2001 2001 ------------------------- enacted request recommended 2000 2001 enacted 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: DEPARTMENT OF JUSTICE [In millions of dollars] ---------------------------------------------------------------------------------------------------------------- 2001 recommendation compared with 2000 2001 2001 ------------------------- enacted request recommended 2000 2001 enacted 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] ---------------------------------------------------------------------------------------------------------------- 2001 recommendation compared with 2000 2001 2001 ------------------------- enacted request recommended 2000 2001 enacted 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 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] ---------------------------------------------------------------------------------------------------------------- 2001 recommendation compared with 2000 2001 2001 ------------------------- enacted request recommended 2000 2001 enacted 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 Judiciary, 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] ---------------------------------------------------------------------------------------------------------------- 2001 recommendation compared with 2000 2001 2001 ------------------------- enacted request recommended 2000 2001 enacted 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] ---------------------------------------------------------------------------------------------------------------- 2001 recommendation compared with 2000 2001 2001 ------------------------- enacted request recommended 2000 2001 enacted requested ---------------------------------------------------------------------------------------------------------------- Title V--Related Agencies: Discretionary.............................. 2,038 2,417 1,917 -121 -500 ---------------------------------------------------------------------------------------------------------------- --$1.9 billion for the related agencies funded in the bill, a reduction 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 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 Committee 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 initiative 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. 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 African-American. 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 Investigations, 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. 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 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. 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 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: 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 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 Hart-Scott-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. 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 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 one-time 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. 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 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. 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. 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: 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 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 1,003 984 120,672 Applicant....................... Forensic Services................ 692 680 120,436 Information, Management, 554 555 205,742 Automation & Telecommunications. Technical Field Support & 232 229 141,888 Services........................ Criminal Justice Services........ 2,171 2,182 217,339 ---------------------------------- Subtotal....................... 4,652 4,630 806,077 Program Direction: Management and 2,083 2,024 193,784 Administration...................... ---------------------------------- 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 totaling $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 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 violent 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: DEA SALARIES AND EXPENSES [In thousands of dollars] ------------------------------------------------------------------------ Activity Pos. FTE Amount ------------------------------------------------------------------------ Enforcement: Domestic Enforcement......... 2,212 2,163 $400,661 Foreign Cooperative 732 699 206,644 Investigations.............. 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 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 enhancements 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. 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 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 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 requested 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 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 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 demonstrated 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. 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 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 application 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 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 headings 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. 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 medium 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: 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 proposals, 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 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-Lugar- Domenici 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 development 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 2000 2001 request 2001 report rescission recommendation ---------------------------------------------------------------------------------------------------------------- Byrne Grants: Discretionary Grants.............................. $52,000 ............ $59,500 $52,000 Formula Grants.................................... 500,000 ............ 400,000 500,000 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 Program (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 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 information-sharing 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 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] ------------------------------------------------------------------------ 2001 2000 2001 request recommendation ------------------------------------------------------------------------ Violence Against Women Act Grant Programs: General Grants.......... $206,750 $220,000 $207,750 (Civil Legal (28,000) (35,250) (35,250) Assistance)........ Victims of Child Abuse: CASA (Special 10,000 9,000 9,000 Advocates)......... Training for 2,000 2,000 2,000 Judicial Personnel. Grants for Televised 1,000 1,000 1,000 Testimony.......... Grants to Encourage 34,000 34,000 34,000 Arrest................. 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 request. 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 enforcement 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 much-needed 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 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 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 anti-crime, 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 --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 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 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 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 at-risk 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 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 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. 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. 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 Congress 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 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 minority-owned 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 exchange 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. 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 directed 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. 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 non-core 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 decision-making 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: 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. 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 multi-year 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. 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 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] ------------------------------------------------------------------------ ------------------------------------------- FY01 FY00 Enacted FY01 Request 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 52,010 58,986 54,658 Engineering................ 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 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 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. 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 102,293 108,997 102,412 Services............... ========================================= 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 8,470 8,500 5,410 Research................. ----------------------------------------- Subtotal--Estuarine & 68,645 76,199 50,749 Coastal Assessment..... Coastal Ocean Program....... 17,200 18,232 17,200 ----------------------------------------- Total, Ocean Resources 85,845 94,431 67,949 Conservation and Assessment............. ========================================= 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 6,000 12,000 6,000 System..................... Nonpoint Pollution Control.. 2,500 4,500 2,500 ----------------------------------------- Subtotal, Coastal 67,700 170,508 67,700 Management............. Marine Sanctuary Program.... 23,000 32,000 22,500 Total, Ocean and Coastal 90,700 202,508 90,200 Management............. ========================================= 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 945 945 945 Research................. West Coast groundfish..... 820 780 820 New England Stock 1,000 1,000 1,000 Depletion................ Hawaii Stock Management 500 ............ 500 Plan..................... Yukon River Chinook Salmon 1,200 700 ............ Atlantic Salmon Research.. 710 710 710 Gulf of Maine Groundfish 567 567 567 Survey................... Dolphin/Yellowfin Tuna 250 250 250 Research................. Pacific Salmon Treaty 17,431 10,587 5,587 Program.................. Hawaiian Monk Seals....... 750 500 500 Steller Sea Lion Recovery 4,000 1,440 1,440 Plan..................... 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 5,500 5,200 5,200 Monitoring............... PACFIN/Catch Effort Data.. 3,000 3,000 4,700 AKFIN (Alaska Fishery 2,500 ............ ............ Information Network)..... RECFIN.................... 3,700 3,100 3,100 GULF FIN Data Collection 3,500 ............ 3,000 Effort................... ----------------------------------------- Subtotal................ 31,200 30,171 29,000 ========================================= Information Analyses and 20,900 21,403 20,400 Dissemination................ Computer Hardware and 3,500 3,500 750 Software................... ----------------------------------------- Subtotal................ 24,400 24,903 21,150 Acquisition of Data........... 25,943 25,944 25,943 ========================================= Total, Information, 228,523 209,444 198,911 Collection, and Analyses............... ========================================= Conservation and Management Operations: Fisheries Management 39,060 40,325 34,680 Programs................... Columbia River Hatcheries. 12,055 15,212 12,055 Columbia River Endangered 288 288 288 Species.................. Regional Councils......... 13,150 13,100 13,150 International Fisheries 400 400 400 Commissions.............. Management of George's 478 478 478 Bank..................... Pacific Tuna Management... 2,300 1,250 1,250 Fisheries Habitat 2,000 4,000 2,000 Restoration.............. 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 75,731 112,033 90,301 Mgmt. Programs......... ========================================= Protected Species 6,200 8,988 6,950 Management............... Driftnet Act 3,439 3,278 3,278 Implementation........... Marine Mammal Protection 7,583 7,225 7,225 Act...................... Endangered Species Act 43,500 55,450 42,800 Recovery Plan............ 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 170,503 228,907 185,704 Management Operations.. ========================================= State and Industry Assistance Programs: Interjurisdictional 2,600 2,590 2,590 Fisheries Grants........... 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/ 9,500 8,328 8,328 Seafood Inspection......... Hawaiian Fisheries 750 ............ ............ Development................ ----------------------------------------- Subtotal................ 10,250 8,328 8,328 Total, State and 22,700 17,018 20,768 Industry Programs...... ========================================= 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 67,000 67,095 63,000 Research................... GLOBE....................... 3,000 5,000 ............ Climate Observations and ............ 24,000 ............ Services................... ----------------------------------------- Subtotal................ 86,900 111,081 75,900 ========================================= Long-term Climate and Air 30,000 30,525 29,409 Quality Research........... ----------------------------------------- Information Technology...... 12,750 12,750 12,000 Subtotal................ 42,750 43,275 41,409 ========================================= Total, Climate and Air 129,650 154,356 117,309 Quality Research....... ========================================= 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 50,700 47,607 46,200 Programs............... ========================================= 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 13,800 5,750 ............ Program.................... ----------------------------------------- Total, Ocean and Great 107,200 87,595 88,100 Lakes Programs......... 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 1,125 619 1,250 Flood System............... Aviation Forecasts.......... 35,596 35,596 35,596 Advanced Hydrological 1,000 1,000 1,000 Prediction System.......... 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 3,000 3,068 3,000 Research..................... ----------------------------------------- Total, Operations and 525,539 550,005 543,429 Research............... ========================================= 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 78,331 84,867 78,297 Acquisition.......... ========================================= 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 53,300 53,912 50,800 Systems.................... Global Disaster Information ............ 5,500 ............ Network.................... ----------------------------------------- Total, Satellite 57,300 63,412 50,800 Observing Systems...... ========================================= Environmental Data Management 38,700 32,454 40,700 Systems...................... Data and Information 12,335 12,335 12,335 Services................... 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 19,387 19,902 19,200 Administration............. Systems Acquisition Office.. 712 712 700 ----------------------------------------- Subtotal.................. 20,099 20,614 19,900 Central Administrative 36,350 33,132 31,850 Support.................... Retired Pay Commissioned ............ ............ ............ Officers................... Minority Serving ............ 17,000 ............ Institutions............... ----------------------------------------- Total, Administration 56,449 70,746 51,750 and Services........... ========================================= Aircraft Services............. 10,760 11,009 11,000 Rent Savings (transferred to (4,656) ............ (4,656) ATB)......................... ----------------------------------------- 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) 3,850 5,350 3,850 Operations................. 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 3,600 3,600 3,600 sales)....................... Offsetting Collections (fish 4,000 ............ 4,000 fees/IFQ CDQ)................ Subtotal, Reimbursables. 199,367 208,000 212,000 ----------------------------------------- Total, Obligations...... 2,002,208 2,217,389 1,946,925 ========================================= Financing: Deobligations (prior year (36,000) (36,000) (36,000) recoveries)................ Unobligated Balance (2,652) ............ ............ transferred, net........... Offsetting Collections (data (3,600) (3,600) (3,600) sales)..................... Offsetting Collections (fish (4,000) ............ (4,000) fees/IFQ CDQ).............. 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 (68,000) (68,000) (68,000) Fisheries.................. Coastal Zone Management Fund (4,000) (3,200) (4,000) Anticipated Offsetting ............ (20,000) ............ Collections (fish fees).... Anticipated Offsetting ............ (14,000) ............ Collections (navigation fees)...................... Disaster Relief--Norton ............ (5,000) (5,000) Sound...................... Disaster Relief--NE ............ (15,000) (15,000) Fisheries.................. 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 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 program 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 status 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 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 shellfish. Specifically, the Committee expects continuation of on-going 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 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. 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 reasonable 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 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. 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 short- and 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: 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. 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. 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. 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 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. 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. 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. 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 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 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 presence. 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 non-traditional and minority students into foreign policy and national security careers by establishing training and education partnerships with interested institutions. 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 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 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 Congress-Bundestag 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 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 Maintenance. 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 high-risk 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. 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 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 facility ($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 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 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 semi-annual 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 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 cease-fire, 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, 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 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''. 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 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 project-specific Federal grants. The Center can solicit private donations and compete for Federal grants available to support its programs 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 ongoing 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. 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. 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. 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. 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 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 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. 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 $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 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 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 non-credit 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 five-year, $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 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. 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 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 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 provisions 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. 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. 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, 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. 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. 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 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 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) Recommended in allocation this bill \1\ ------------------------------------------------------------------------ Budget authority: Mandatory........................... 548 546 Discretionary....................... 34,904 34,904 ------------------------------- Total budget authority............ 35,452 35,450 =============================== Outlays: Mandatory........................... 577 577 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, 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) * * * (2) The Secretary [and 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 Sec. 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 [$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. 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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: 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 denying 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-Scott-Rodino 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 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 $141million for the LSC, a number that represented one-third of the FY 1995 appropriated levels for LSC, but is absolutely meaningless now. 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 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 MarineFisheries 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 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. 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 ofinternational 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 troop-contributing 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 offered 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 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.