GENERAL PROVISIONS - DEPARTMENT OF JUSTICE
The following sections are proposed for 2000. Sections 101 through 113 are substantively unchanged from the 1999 enacted provisions.
Section 101, which states that a total of not to exceed $45,000 from funds appropriated to the Department of Justice in this title shall be available to the Attorney General for official reception and representation expenses in accordance with distributions, procedures, and regulations established by the Attorney General, is unchanged from the 1999 provision.
Section 102 continues the authorizations contained in Public Law 96-132, "The Department of Justice Appropriation Authorization Act, Fiscal Year 1980" until the termination date of this Act or until the effective date of a Department of Justice Appropriation Authorization Act, whichever is earlier. This section also is unchanged.
Section 103, (section 104 of the 1999 Act) which is unchanged, states that none of the funds appropriated under this title shall be used to require any person to perform, or facilitate in any way, the performance of an abortion.
Section 104 (section 105 of the 1999 Act) states that nothing in the preceding section shall remove the obligation of the Director of the Bureau of Prisons to provide escort services necessary for a female inmate to receive such service outside the Federal facility; and that nothing in this section in any way diminishes the effect of section 103 intended to address the philosophical beliefs of individual employees of the Bureau of Prisons.
Section 105 (section 106 of the 1999 Act) states that not to exceed $10,000,000 of the funds appropriated to the Department of Justice in this Act shall be available for publicly-advertised, extraordinary rewards, which are not subject to the limitations found in 18 U.S.C. 3059 and 3072. Any rewards of$100,000 or more, up to a maximum of $2,000,000 must be personally approved by the President or the Attorney General. This section also is unchanged.
Section 106 (section 107 of the 1999 Act) states that not to exceed 5 percent of any appropriation made available for the current fiscal year for the Department of Justice in this Act, including those derived from the Violent Crime Reduction Trust Fund, may be transferred between such appropriations, but no appropriation, except as otherwise specified, shall be increased by more than 10 percent by such transfers. Any transfers pursuant to this section must be treated as a reprogramming of funds under section 605 of this Act. This section also is unchanged.
Section 107 (section 112 of the 1999 Act) provides the authorization of the Assistant Attorney General for the Office Of Justice Programs to make grants, enter into cooperative agreements and contracts, and have final authority over all grants, cooperative agreements, and contracts, for the Office of Justice Programs, for fiscal year 2000 and hereafter. The extension of this authority is the only change.
Section 108 (section 113 of the 1999 Act) states that notwithstanding any other provision of law for fiscal year 2000 and thereafter, with respect to any grant program for which amounts are made available, the term "tribal" means of or relating to an Indian tribe. The extension of this definition is the only change.
Section 109 (section I 15 of the 1999 Act) allows the Attorney General, for fiscal year 2000 and hereafter, to obligate any funds appropriated for or reimbursed to the Counterterrorism program of the Department to purchase or lease equipment or any related items, or to acquire interim services, without regard to any otherwise applicable Federal acquisition rule. The extension of this authority is the only change.
Section 110 (section 124 of the 1999 Act) permanently extends the authority, that notwithstanding 5
6103(a), a nursing facility or home health care agency may submit a request to the Attorney General to conduct a search and exchange of records regarding an applicant for employment if the employment position is involved in direct patient care. The exception from 5 U.S.C 6 103(a), the extension of this authority and the conversion to an annual reporting requirement are the only changes in this section.
Section 111 (section 127 of the 1999 Act) makes permanent the provision that any action brought by a prisoner under section 1979 of the Revised Statutes (42 U.S.C. 1983) against a Federal, State, or local correctional facility, arising out of the incarceration of that prisoner, that the financial records shall not be subject to disclosure with the written consent of that person or court order. The extension of this section is the only change.
Section 112 (section 128) of the 1999 Act) amends the numerical limitation set for in section 209(b) of the Immigration and Nationality Act (8 U.S.C. 1159(b) shall not apply to any alien described in subsection (b). This section makes this limitation permanent and makes minor punctuation corrections.
Section 113 (section 130 of the 1999 Act) extends the authorization for payment ofjudgments against the United States and settlements of claims in suits against the United States arising from the Financial Institutions Reform, Recovery and Enforcement Act (FIRREA). This section makes this authorization permanent.
Section 114 amends section 151 of the Foreign Relations Authorization Act by inserting "or Federal Bureau of Investigation" after "Drug Enforcement Administration." This will provide special allowances for FBI agents in hazardous duty locations outside the United States.
Section 115 amends section 122 of the Department of Justice Appropriations Act, 1998 by extending the authorization for an FBI personnel management system, through 2002. This authorization otherwise expires in 2000.
Section 116 provides that whenever the Federal Bureau of Investigation (FBI) participates in a cooperative project with a foreign country on a cost-sharing basis, any funds received by the FBI to meet that country's share of the project may be credited to any appropriation available to the FBI for the purposes served by the project. This wilt allow the FBI to enter into cooperative projects with foreign countries in order to improve law enforcement or intelligence operations and services.
Section 117 states that notwithstanding 50
U.S.C. App. 1 989b,
the Attorney General may make available from any funds available to the Department not more than $3,000,000 for the purpose of paying restitution to individuals who are eligible for restitution under the Civil Liberties Act of 1988, and who are found eligible under the settlement agreement in the case of Carmen Mochizuki. This will provide for payments under the Mochizuki agreement.
Section 118 amends section 507 of Title 28, United States Code by adding "(c) Notwithstanding the provisions of Title 31, section 901, the Assistant Attorney General for Administration (AAGA) shall be the Chief Financial Officer of the Department of Justice." This provision provides statutory language to make the AAGA the Department of Justice's Chief Financial Officer by statute.
Section 119 allows that funds available to the United States Marshals Service (USMS) may be used to acquire subsistence and medical care for persons in the custody of the USMS at fair and reasonable prices. This section limits such costs to the expenses charged for similar health-care services paid pursuant to Medicare and Medicaid.
Section 120 amends section 1404B of the Victims of Crime Act of 1984 (42 U.S.C. 10603b) as amended, for Compensation and Assistance to Victims of Terrorism or Mass Violence. This provision provides authority to make compensation and assistance to victims of terrorism of mass violence.
Section l2l amends section 286(d) of the Immigration and Nationality Act (8 U.S.C. 1356) by removing "shall charge and collect $6" and inserting "shall charge and collect $8".
Section 122 amends section 286 of the Immigration and Nationality Act (8 U.S.C. 1356), by providing that the Attorney General is authorized to charge and collect funds for the immigration inspection of each commercial vessel passenger whose travel originated in Mexico, Canada, or the United States. Regularly-scheduled service on the Great Lakes is exempted from this change.
Section 123 provides authority to the Federal Bureau of Investigation (FBI) to carry out a 3-year demonstration project for the defensive arming of select non-agent personnel. This provision will allow the FBI to conduct a 3-year demonstration project for a select number of FBI non-agent personnel who provide surveillance support to investigations of counterterrorism and counterintelligence activities.
The following sections are proposed for deletion and do not appear in the 2000 request. The section numbers are those in the 1998 Appropriations Act. Most of these sections amend the underlying statute or are permanent authorities and, thus, do not need to be continued.
Section 103 prohibited the use of Department of Justice funds to pay for an abortion. The Administration plans to work with Congress to address this issue.
Section 108 permanently amended the authority to make expenditures out of the Commissary fund of the Federal Prison System for the Inmate Telephone System. Therefore, this section is no longer required.
Section 109 permanently amended Section 3201 of the Crime Control Act of 1990, allowing humanitarian payments for employees of FBI, DEA and INS. Therefore, this section is no longer required.
Section 110 stated that any amounts credited to the "Legalization Account" established under section 245(c)(7)(B) of the Immigration and Nationality Act are transferred to the "Examinations Fee Account" established under section 286(m) of that Act. Therefore, this section is no longer required.
Section 111 required that the Director of the Bureau of Prisons conduct a one-time study, not later than 270 days after the date of the enactment of this Act, of private prisons that evaluates the growth and development of the private prison industry during the past 15 years, training qualifications of personnel at private prisons, and the security procedures of such facilities. Therefore, this section is no longer required.
Section 114 permanently amended Section 286(e)(l)(C) of the Immigration and Nationality Act (8 U.S.C. 1356(e)(l)(C) by inserting "State" and a comma immediately before "territory". Therefore, this section is no longer required.
Section 116 permanently amended Section 110(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1221 note). Therefore, this section is no longer required.
Section 117 permanently amended Section 402 of the Controlled Substances Act (21 U.S.C 842). Therefore, this section is no longer required.
Section 118 provided that the General Accounting Office would monitor the compliance of the Department of Justice and all United States Attorneys with the "Guidance on the Use of the False Claims Act in Civil Health Care Matters" issued by the Department, and provide a report to the Committees on the Judiciary and the Committees on Appropriations. Therefore, this section is no longer required.
Section 119 amended 18 U.S.C 92 1(a), Firearms Safety. (a) Secure Gun Storage Device. Therefore, this section is no longer required.
Section 120 amended 42 U.S.C. 3760, Firearm Safety Education Grants. Therefore, this section is no longer required.
Section 121 amended Section 922 of title 18, United States Code. Therefore this section is no longer required.
Section 122 amended Section 3486(a)(l) of title 18, United States Code. Therefore this section is no longer required.
Section 123 amended Section 170102 of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 14072). Therefore this section is no longer required.
Section 125 permanently amended the extension of payments of relocation expenses listed in section 5724(b)( 1) of Title 5 of the United States Code to include the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, and the territories and possession of the United States. Therefore, this section is no longer required.
Section 126 made a one-time reduction of $20,038,000 to the total amounts appropriated under the 1999 Act. Therefore, this section is no longer required. Section 129 provided amendments to the Juvenile Justice and Delinquency Prevention Act of 1974. Therefore, this section is no longer required.
Return to Table of Contents