DEPARTMENT OF JUSTICE

2000 APPROPRIATION LANGUAGE CHANGES


The information provided below describes substantive changes from the Department of Justice Appropriations Act, 1999. Non-substantive changes such as new funding requests, changes in the number of motor vehicles, or changes in references to fiscal years are not included. Also excluded from this discussion are deletion of separate language provisions that provided supplemental funding or rescission in 1999.

General Administration. Language is proposed deleting the provisions limiting the Department Leadership Program and the operations of the Offices of Legislative and Public Affairs.

Narrowband Communications. Language is proposed to request funding of $80,000,000, to remain available until expended. Funds are for the costs of conversion to narrowband communications systems as mandated by section 104 of the National Telecommunications and Information Administration Organization Act. Such funds may be transferred to any Department of Justice organization upon approval of the Attorney General. These funds are further proposed to be made available through an analog spectrum fee, which FCC will administer. Fees would be collected from commercial broadcasters for their use of analog channels.

Counterterrorism Fund. Language is proposed to reimburse departments and agencies of the Federal Government, instead of any Department of Justice organization, for the costs of providing support to counter, investigate, or prosecute domestic or international terrorism, including continuance of essential governmental functions during a time of emergency. Language is proposed to add two new categories of expenses that the Counterterrorism Fund is able to reimburse in 2000. The first provides reimbursement of the costs of the National Domestic Preparedness Office, and the second provides for costs of designing the Federal Intrusion Detection Network. Language is proposed to provide that unobligated balances available in this account may be used for any of the purposes described in the language.

Language is proposed deleting the provision to reimburse or transfer to agencies of the Department of Justice for any costs incurred in connection with (1) providing bomb training and response capabilities to State and local law enforcement agencies; (2) providing training and related equipment for chemical, biological, nuclear, and cyber attack prevention and response capabilities for States, cities, territories, and local jurisdictions; and (3) providing grants, contracts, cooperative agreements, and other assistance authorized by the Antiterrorism and Effective Death Penalty Act of 1996. Language is proposed deleting the provision transferring funds to the Office of Justice Programs (OJP). These funds are requested in the Federal Bureau of Investigation (FBI) and OJP in the 2000 budget request.

Telecommunications Carrier Compliance Fund. Language is proposed to request funding of $15,000,000, to remain available until expended, to reimburse the telecommunications industry for eligible costs directly associated with modifying equipment to allow law enforcement to perform court-authorized wiretaps.

Office of the Inspector General. Language is proposed provided that the amount that can be transferred from the Violent Crime Reduction Trust Fund (VCRTF) be changed from one-tenth of one percent to two-tenths of one percent, to maintain program funding, and to compensate for an expected decrease in VCRTF funding. Language is proposed deleting section 130005 of the Violent Crime Control and Law Enforcement Act of 1994, that was previously cited incorrectly.

Salaries and Expenses, United States Attorneys. Language is proposed providing that $5,000,000 shall be available for pilot intensive firearms prosecution projects, as part of comprehensive gun violence reduction strategies. Language is proposed deleting 1) the provisions extending funding availability of the National Advocacy Center; 2) the expansion of existing Violent Crime Task Forces in the United States Attorneys Offices into demonstration projects; and 3) the provision that in addition to reimbursable full-time equivalent workyears available to the Office of the United States Attorneys, other positions and full-time equivalent workyears shall be supported from funds for the United States Attorneys.' These provisions were required to meet specific circumstances and are no longer needed. Further, language is proposed deleting the provision that provided funding for additional assistant United States Attorneys and investigators in Philadelphia, Pennsylvania, and Camden County, New Jersey to enforce Federal laws designed to keep firearms out of the hands of criminals.. This requirement will be met in 1999.

Salaries and Expenses, Community Relations Service. Language is proposed expanding the authority of the Attorney General to transfer funds to this account from $500,000 to $3,300,000, based on a determination that emergent circumstances require additional funding for conflict prevention and resolution.

United States Trustee Program. Language is proposed that excess fees collected during FY 2000 will remain available until expended but will not be available for obligation until October 1, 2000. Language is proposed that funding be handled through a fee increase of $25 to chapter 7 and 13, 28 U.S.C. 1930(a)(1), 28 U.S.C. 589a, and section 406(b) of Public Law 101-162, as amended. Finally, language is proposed making interest earned from these collections available for operation of the U.S. Trustee System.

Justice Prisoner and Alien Transportation System Fund (JPATS), United States Marshals Service. Language is proposed, which provides that beginning in fiscal year 2000 and thereafter, payment shall be made from the Justice Prisoner and Alien Transportation Fund for necessary expenses for the scheduling and transportation of prisoners and aliens. This proposal will make the operation of JPATS permanent.

Interagency Crime and Drug Enforcement. Language is deleted for the Interagency Crime and Drug Enforcement account. Beginning in 2000, OCDETF resources will be redistributed into the direct base programs of the participating agencies.

Federal Bureau of Investigation (FBI), Salaries and Expenses. Language is proposed that provides that $14,000,000 for research, development, testing and evaluation will remain available until expended. Language is proposed deleting the earmark for independent program office for the automation of fingerprint identification services. This office will no longer be needed based on the establishment of the automated fingerprint system.

Drug Enforcement Administration, Salaries and Expenses. Language is proposed that transfers $15,000,000 to the Drug Diversion Control Fee Account for operating expenses. This transfer is no longer planned.

Immigration and Naturalization Service (INS), Salaries and Expenses. Language is proposed for deletion which limits funds for San Clemente and Temecula checkpoints unless the checkpoints are open and traffic is being checked on a continuous basis. Language, which limits the operations of the Offices of Legislative Affairs and Public Affairs, is proposed for deletion. Finally, language that provides that the number of positions filled through non-career appointment shall not exceed four permanent positions and four full-time FTE is proposed for deletion.

INS, Construction. Language is proposed for deletion that states that no funds shall be available for the site acquisition, design, or construction of any Border Patrol checkpoint in the Tucson sector.







Federal Prison Systems (FPS), Salaries and Expenses. Language is proposed that reduces the amount of carryover funding for facilities activation from $90,000,000 to $50,000,000. This amount should meet activation needs of FPS.

Office of Justice Programs (OJP), Justice Assistance. Language is proposed to correct the reference to Grants to State and local law enforcement, cooperative agreements, and other assistance, sections 819, 821, and 822, of the Antiterrorism and Effective Death Penalty Act of 1996.

OJP, State and Local Law Enforcement Assistance. Byrne formula and discretionary grant funding is requested from VCRP, State and Local Law Enforcement Assistance in 2000. No request for this account is contained in the President's 2000 budget, so language is no longer needed.

OJP, VCRP, State and Local Law Enforcement Assistance. Language is proposed to delete funding for the Local Law Enforcement Block Grants. No funding is requested for this program in 2000.

Language is proposed to provide both formula and discretionary grant funding for the Edward Byrne Memorial State and Local Law Enforcement Assistance program. Language is proposed to include within the formula grant program, $59,950,000 for discretionary grants under Chapter A of subpart 2 of part E of the 1968 Act. All funds for the Byrne grant program are requested from the Violent Crime Reduction Trust Fund in 2000.

Language is proposed to delete funding for the Violent Offender Incarceration/Truth-In-Sentencing (VOITIS) incentive grant funding for payments to States for incarceration of criminal aliens.

Language is proposed that $6,000,000 shall be provided for the National Institute of Justice for the Prisons at Work Initiative. Language that provided $10,000,000 for violence on college campuses is proposed to be deleted. Language is proposed that $5,000,000 be available for research on family violence.

Language that provided $15,000,000 for grants to States and units of local government for projects to improve DNA analysis is proposed to be deleted.

Language is proposed to provide that states that have existing in-prison drug treatment programs, in compliance with Federal requirements, may use their residential substance abuse grant funds for treatment and sanctions, both during incarceration and after release.

Language is proposed deleting the funding for Juvenile Accountability Incentive Block Grants. No funds are requested for Juvenile Accountability Incentive Block Grants in 2000.

Language is proposed to provide $33,500,000 for the Weed and Seed Program. Language is proposed to provide $35,000,000 for the Certainty of Punishment Program, authorized by section 20201 of the 1994 Act; and $100,000,000 for the Drug Testing and Intervention Program for States and Indian tribes, to support programs to develop or implement comprehensive drug testing policies and to establish interventions to illegal drug use for criminal justice populations.

OJP, Weed and Seed Program Fund. Language is proposed to clarify that funds are to be derived from the Violent Crime Reduction Programs, State and Local Law Enforcement Assistance account, and that funds for administrative expenses may be further transferred to the "Justice Assistance" account..

OJP, Community Oriented Policing Services. Language is proposed to provide the Attorney General the authority to transfer any of these funds (including administrative expenses), and balances for programs funded under this heading in 1999, to the "Violent Crime Reduction Programs, State and Local Law Enforcement Assistance" account, and to authorize administrative expenses to be further transferred to the "Justice Assistance" account. This language will provide optimum flexibility in the operation of these programs.

Language is proposed to delete reference to the use of unobligated balances in 1999 language. Language is proposed for funding Public Safety and Community Policing Grants, including the hiring, rehiring, and redeployment of community law enforcement personnel. Language is also revised to correct the reference to the Court Services and Offender Supervision Agency for the District of Columbia. Further, language is proposed for deletion that provided funding for the Community Policing to Combat Domestic Violence Program and the Community Prosecutors programs. This language is superceded by the request for the Community Prosecution Program.

Language is proposed to fund innovative programs to combat crime, including $125,000,000 for improved communications and planning grants to States, technical assistance, and demonstration programs under the Public Safety Telecommunications Assistance Program; $125,000,000 for new crime-solving technologies; $5,000,000 for DNA research and development; $55,000,000, as authorized by section 1001(a)(22) of the 1968 Act; and $50,000,000 for the Bureau of Justice Statistics for grants to upgrade criminal history, justice and identification records systems; and $100,000,000 for research, technical assistance for crime-solving, data sharing, and crime-forecasting technologies.

Language is proposed for a Community Prosecution Program, including $150,000,000 for hiring and related costs for prosecutors and related personnel, and $50,000,000 for training, technical assistance, and programs that expand community prosecution programs.

Language is proposed for funding $125,000,000 for grants, training, and technical assistance in support of community crime prevention efforts .

OJP, Juvenile Justice Programs. Language is proposed to delete the amounts provided for part B of title II of the Act, for the purpose of providing additional formula grants under part B to States. Language is proposed that would provide $10,000,000 for development, testing, and demonstration programs to reduce drug use among juveniles, and $10,000,000 for Youth Gun Violence.

Public Safety Officers Benefits. Language is proposed to request funding of $3,500,000, for the Federal Law Enforcement Dependent Assistant Program, to remain available until expended.





















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 115 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 U.S.C. 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 6103(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 of judgments 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 will 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. 1989b, 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 121amends 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)(1)(C) of the Immigration and Nationality Act (8 U.S.C. 1356(e)(1)(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 921(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)(1) 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.

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