Department of Justice Appropriations Act, 2000

TABLE OF CONTENTS:

Title I: Department of Justice

Title II: Department of Commerce and Related Agencies

Title III: The Judiciary

Title IV: Department of State and Related Agencies

Title V: Related Agencies

Title VI: General Provisions

Title VII: Rescissions

Title VIII: Children Who Witness Domestic Violence Protection

Title IX: Hate Crimes Prevention

Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2000 - Makes appropriations for FY 2000 for the Departments of Commerce, Justice, and State, the judiciary, and related agencies.

Title I: Department of Justice - Department of Justice Appropriations Act, 2000 - Makes appropriations for the Department of Justice for: (1) general administration; (2) a Joint Automated Booking System; (3) conversion to narrowband communications; (4) counterterrorism activities; (5) payments of costs of telecommunications carriers in complying with capability requirements; (6) administration of pardon and clemency petitions and immigration-related activities; (7) the Office of Inspector General; (8) the U.S. Parole Commission; (9) legal activities; (10) antitrust activities; (11) the Office of U.S. Attorneys; (12) the U.S. Trustee Program; (13) the Foreign Claims Settlement Commission; (14) the U.S. Marshals Service, including amounts for Federal prisoner detention and for the initial capitalization of the Justice Prisoner and Alien Transportation System Fund; (15) fees and expenses of witnesses; (16) the Community Relations Service; (17) certain uses of the Assets Forfeiture Fund; (18) administrative expenses related to the Radiation Exposure Compensation Act; (19) the Radiation Exposure Compensation Trust Fund; (20) interagency law enforcement with respect to organized crime drug trafficking; (21) the High Intensity Interstate Gang Activity Areas Program; (22) the Federal Bureau of Investigation; (23) construction for specified agencies; (24) the Drug Enforcement Administration (DEA); (25) the Immigration and Naturalization Service; (26) the Federal prison system, including an amount for buildings and facilities; (27) Office of Justice programs; (28) State and local law enforcement assistance; (29) the Executive Office for Weed and Seed; (30) community oriented policing services; (31) juvenile justice programs; and (32) public safety officers' benefits.

Sets forth authorized uses of, and limitations on, such funds.

(Sec. 102) Repeals a provision of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 regarding an automated entry- exit control system.

(Sec. 103) Prohibits the use of funds appropriated by this title to: (1) pay for abortions except where the life of the mother would be endangered if the fetus were carried to term, or in the case of rape; or (2) require any person to perform or facilitate an abortion.

(Sec. 110) Prohibits, unless the person concerned consents or disclosure is pursuant to a court order or a verdict of liability has been entered, the disclosure of specified financial records and personal information of a person employed or formerly employed by a Federal, State, or local jail, prison, or correctional facility in actions for deprivation of rights against such facilities or persons brought by a prisoner.

(Sec. 112) Amends the Parole Commission Phaseout Act of 1996 to reduce the maximum number of members of the U.S. Parole Commission from five to three.

(Sec. 114) Directs the Attorney General to establish by rule that it shall be punishable conduct for any Department of Justice employee to intentionally: (1) seek the indictment of a person in the absence of probable cause; (2) fail to disclose exculpatory evidence to the defense; (3) mislead a court as to the guilt of any person by knowingly making a false statement of material fact or law; (4) offer false evidence or alter evidence; (5) attempt to influence or color a witness' testimony with the intent to encourage untruthful testimony; (6) violate a defendant's right to discovery; (7) offer or provide sexual activities to any Government or potential witness in exchange for testimony; or (8) improperly disseminate confidential information to any person during an investigation or trial. Provides for penalties for engaging in such conduct.

(Sec. 115) Prohibits the use of funds made available by any Act to pay premium pay to any Department of Justice attorney.

(Sec. 116) Reduces the total of amounts appropriated under this title by a specified amount.

(Sec. 119) Directs the Attorney General to grant a national interest waiver under a specified provision of the Immigration and Nationality Act (to waive a requirement that certain professional aliens' services be sought by U.S. employers before a visa is offered) on behalf of any alien physician with respect to whom a petition for preference classification has been filed if: (1) such physician seeks to work in an area designated by the Secretary of Health and Human Services as having a shortage of health care professionals or at a health care facility under the jurisdiction of the Department of Veterans Affairs; and (2) a Federal agency or State department of public health has previously determined the physician's work in such an area or at such facility was in the public interest.

(Sec. 121) Amends the Immigration and Nationality Act to make permanent the land border inspection fee program. (Currently, such program terminates September 30, 2000.)

(Sec. 122) Requires the Attorney General to study and report to Congress on: (1) whether an older individual is more likely than the average individual to be the target of a crime; (2) the extent of crimes committed against older individuals; and (3) the extent to which such crimes are hate crimes.

Title II: Department of Commerce and Related Agencies - Department of Commerce and Related Agencies Appropriations Act, 2000 - Makes appropriations for the Department of Commerce for: (1) the Office of the U.S. Trade Representative; (2) the International Trade Commission; (3) the International Trade Administration; (4) export administration and national security activities; (5) the Economic Development Administration; (6) minority business development; (7) economic and statistical analysis programs; (8) the Census Bureau; (9) the National Telecommunications and Information Administration; (10) public telecommunications facilities planning and construction grants; (11) information infrastructure grants; (12) the Patent and Trademark Office; (13) the Under Secretary for Technology-Office of Technology Policy; (14) the National Institute of Standards and Technology, including amounts for the Manufacturing Extension Partnership and the Advanced Technology Program and for construction of new research facilities; (15) the National Oceanic and Atmospheric Administration (NOAA), including amounts for procurement, acquisition, and construction of capital assets; (16) restoration of Pacific salmon populations; (17) the Coastal Zone Management Fund; (18) the Fishermen's Contingency Fund; (19) the Foreign Fishing Observer Fund; (20) the fisheries finance program account; (21) general administration; and (22) the Office of Inspector General.

Sets forth authorized uses of, and limitations on, such funds.

Rescinds a specified amount of funds for the Fisheries Promotional Fund.

(Sec. 209) Amends the Magnuson-Stevens Fishery Conservation and Management Act to increase the number of members of the New England Fishery Management Council.

(Sec. 210) Expresses the sense of the Senate that Congress should enact legislation that would support international promotional activities by the United States National Tourism Organization to help brand, position, and promote the United States as the world's premier travel and tourism destination.

(Sec. 211) Requires the Secretary of Commerce to report to Congress on possible benefits from a general electronic commerce extension program to help small businesses identify and adopt electronic commerce technology and techniques in order to fully participate in electronic commerce.

(Sec. 212) Expresses the sense of the Senate with respect to repealing a European Council regulation which bans certain aircraft from flying in Europe due to noise standards.

Title III: The Judiciary - Judiciary Appropriations Act, 2000 - Makes appropriations for: (1) the Supreme Court, including an amount for care of the building and grounds; (2) the U.S. Court of Appeals for the Federal Circuit; (3) the U.S. Court of International Trade; (4) the courts of appeals, district courts, and other judicial services; (5) defender services; (6) fees of jurors and commissioners; (7) court security; (8) the Administrative Office of the U.S. Courts; (9) the Federal Judicial Center; (10) judicial retirement funds; and (11) the U.S. Sentencing Commission.

Sets forth authorized uses of, and limitations on, such funds.

(Sec. 305) Makes additional appropriations for courts of appeals, district courts, and other judicial services for the Institute at Saint Anselm College and the New Hampshire State Library.

(Sec. 308) Approves the consolidation of the Office of the Bankruptcy Clerk with the Office of the District Clerk of Court in the Southern District of West Virginia.

(Sec. 310) Amends provisions of the Federal criminal code regarding adequate representation of defendants to prohibit the amount of fees paid for legal services from being used as a reason to justify limited public disclosure of such amount in cases where limited disclosure is authorized to protect the defendant's interest. Applies such requirement to all disclosures related to any criminal trial or appeal involving a death sentence where the underlying alleged criminal conduct took place on or after April 19, 1995.

Title IV: Department of State and Related Agencies - Department of State and Related Agencies Appropriations Act, 2000 - Makes appropriations for the Department of State for: (1) administration of foreign affairs, diplomatic and consular programs; (2) the Capital Investment Fund; (3) the Office of Inspector General; (4) educational and cultural exchange programs; (5) the National Endowment for Democracy; (6) representation allowances; (7) protection of foreign missions and officials; (8) security and maintenance of U.S. missions; (9) emergencies in the diplomatic and consular service; (10) the repatriation loans program account; (11) the American Institute in Taiwan; (12) the Foreign Service Retirement and Disability Fund; (13) international organizations, conferences, peacekeeping, and commissions; (14) the Eisenhower Exchange Fellowships, Incorporated; (15) the Israeli Arab Scholarship Program; and (16) the East-West Center.

Makes appropriations for the Broadcasting Board of Governors for international broadcasting operations, broadcasting to Cuba, and radio construction.

Sets forth authorized uses of, and limitations on funds appropriated under this title.

(Sec. 404) Bars the use of funds made available in this Act by the Department of State or the Broadcasting Board of Governors to provide assistance to the Palestinian Broadcasting Corporation.

(Sec. 405) Prohibits the use of funds made available by any Act for: (1) the operation of a U.S. consulate or diplomatic facility in Jerusalem unless such facility is under the supervision of the U.S. Ambassador to Israel; and (2) the publication of any official Government document which lists countries and their capital cities unless the publication identifies Jerusalem as the capital of Israel.

(Sec. 407) Directs the Secretary of State, for purposes of registration of birth, certification of nationality, or issuance of a U.S. passport of a citizen born in Jerusalem, to record the place of birth as Israel upon request of the citizen.

(Sec. 408) Prohibits the use of funds made available in this Act for the United Nations from being used by the United Nations for the enforcement of any treaty, resolution, or regulation authorizing the United Nations to tax any aspect of the Internet.

(Sec. 409) Extends through FY 2000 temporary protected status for certain nationals of Liberia or aliens with no nationality who last resided in Liberia.

Title V: Related Agencies - Makes appropriations for the: (1) Maritime Administration for maritime security, operations and training, and the maritime guaranteed loan program; (2) Census Monitoring Board; (3) Commission for the Preservation of America's Heritage Abroad; (4) Commission on Civil Rights; (5) Commission on Security and Cooperation in Europe; (6) Equal Employment Opportunity Commission (EEOC); (7) Federal Communications Commission; (8) Federal Maritime Commission; (9) Federal Trade Commission; (10) Legal Services Corporation; (11) Marine Mammal Commission; (12) Securities and Exchange Commission; (13) Small Business Administration, including amounts for the Office of Inspector General and business and disaster loans; and (14) State Justice Institute.

Sets forth authorized uses of, and limitations on, such funds.

Title VI: General Provisions - Sets forth limitations on the use of funds under this Act.

(Sec. 607) Sets forth Buy American provisions.

(Sec. 608) Prohibits the use of funds made available by this Act to: (1) enforce any EEOC guidelines covering harassment based on religion if such guidelines do not differ from proposed guidelines of October 1, 1993; (2) pay for costs incurred in operating certain diplomatic or consular posts in Vietnam or increasing the number of personnel assigned to such posts until the President makes a specified certification; or (3) provide specified personal comforts in the Federal prison system.

(Sec. 615) Prohibits the use of funds made available in this Act to issue visas to certain individuals from Haiti, including those involved in specified extrajudicial and political killings.

(Sec. 616) Bars funds appropriated under any law from being used for: (1) the implementation of any tax or fee in connection with any criminal background check system that implements requirements under the Federal criminal code in connection with certain restrictions on the transfer of firearms; or (2) any such system that does not result in the destruction of information submitted by persons determined not to be prohibited from owning a firearm.

(Sec. 618) Amends the Communications Act of 1934 to provide that any Federal or State law regarding insolvencies or receiverships shall not apply to the Federal Communications Commission (FCC) or limit the rights or powers of the FCC with respect to: (1) a license or permit issued by the FCC under competitive bidding provisions or a payment made to or a debt owed to the FCC relating to or arising from such a license or permit; (2) an interest of the FCC in property securing such a debt; or (3) an act by the FCC to issue, deny, cancel, or transfer control of such a license or permit. Grants the FCC a first priority security interest in a license or construction permit issued under such provisions and in the sale proceeds of such license or permit to the extent of the outstanding balance of a debt or other obligation owed to the FCC or to the United States. Applies this section retroactively, including to pending cases and proceedings.

(Sec. 620) Requires the FCC Chairman, prior to obligating any resources for voluntary separation incentive payments, to submit to the authorizing and appropriating committees of the House of Representatives and the Senate and to the Office of Management and Budget, a strategic plan outlining the intended use of such payments and a proposed organizational chart for the FCC once such payments have been completed. Permits such payments only to the extent necessary to eliminate the positions and functions identified by the plan.

(Sec. 621) Authorizes and directs the Secretary of Commerce to create an Interagency Task Force on Indian Arts and Crafts Enforcement to implement a coordinated enforcement response to prevent the sale or distribution of any product or goods sold in or shipped to the United States that is not in compliance with the Indian Arts and Crafts Act of 1935.

(Sec. 622) Expresses the sense of the Senate that: (1) the FCC shall release its report and order on telephone numbering resource optimization not later than December 31, 1999; (2) such report and order should minimize any disruptions and costs to consumers and businesses associated with the implementation of such report and order; and (3) such report and order should apply to all areas that are facing the problem of exhaustion of telephone numbers.

(Sec. 624) Reduces the total discretionary amount made available by this Act by a specified amount. Requires such reduction to be taken pro rata from travel, supplies, and printing expenses, except for activities related to the 2000 census.

(Sec. 625) Amends the Federal criminal code to prohibit the sale or disposition of a firearm to an intoxicated person.

(Sec. 626) Authorizes appropriations to implement the 1999 Agreement of the United States and Canada on the Treaty Concerning Pacific Salmon. Requires the President to submit a request for funds to implement this section as part of the official budget request for FY 2001.

(Sec. 628) Expresses the sense of the Senate with respect to: (1) political reform and civil liberties in Iran; (2) support for democratic opposition groups in Iran; (3) persecution of religious minorities in Iran; and (4) reversal of the President's decision to waive provisions of the Iran and Libya Sanctions Act of 1996 intended to impede development of the energy sector in Iran.

(Sec. 630) Amends the Omnibus Crime Control and Safe Streets Act of 1968 to include older women and women with disabilities within the scope of the program providing grants to combat violent crimes against women. Adds to the list of grant purposes grants for developing a curriculum to train law enforcement officers, prosecutors, and relevant court officers in identifying and responding to crimes of domestic violence and sexual assault against older individuals and those with disabilities.

Title VII: Rescissions - Rescinds specified amounts of funds appropriated to the Department of Justice for: (1) general administration, the working capital fund; and (2) legal activities of the asset forfeiture fund. Reduces amounts available for the DEA Drug Diversion Control Fee Account.

Rescinds a specified amount of funds for NOAA operations, research, and facilities.

Rescinds specified amounts for the Department of State for security and maintenance of U.S. missions and international broadcasting operations of the Broadcasting Board of Governors.

Title VIII: Children Who Witness Domestic Violence Protection Act - Children Who Witness Domestic Violence Protection Act - Amends the Family Violence Prevention and Services Act to require the Secretary of Health and Human Services, acting through the Director of Community Services in the Administration for Children and Families, to award grants to eligible nonprofit private entities to conduct programs to encourage the use of domestic violence intervention models using multisystem partnerships to address the needs of children who witness such violence.

Provides for technical assistance to grant recipients. Authorizes appropriations.

(Sec. 805) Amends the Elementary and Secondary Education Act of 1965 to authorize the Secretary of Education to award grants to and enter into contracts with elementary and secondary schools that work with experts on domestic violence to enable the schools to: (1) provide training to administrators, faculty, and staff with respect to issues concerning children and domestic violence; (2) provide educational programming to students regarding domestic violence; (3) provide support services for students and school personnel for purposes of developing and strengthening prevention and intervention strategies with respect to domestic violence; and (4) develop schools system policies regarding identification and referral procedures for students who are experiencing or witnessing such violence.

Authorizes appropriations.

(Sec. 806) Authorizes the Attorney General and the Secretary of Health and Human Services to jointly award grants to eligible States, Indian tribal governments, and units of local government to encourage entities to recognize and treat, as part of ongoing child welfare responsibilities, domestic violence as a serious problem threatening the safety and well-being of children and adults.

Limits grants to three-year terms.

Requires the Attorney General and the Secretary of Health and Human Services to distribute to each State child welfare service agency and domestic violence coalition and to Congress a summary of information on: (1) the activities funded with grants under this section; and (2) any related initiatives undertaken to promote attention by the staff of child welfare service agencies and community-based domestic violence programs to domestic violence and its impact on child and adult victims.

Provides for technical assistance to grant recipients.

Authorizes appropriations.

(Sec. 807) Authorizes the Attorney General to award grants to States and Indian tribal governments to enable them to enter into contracts and cooperative agreements with nonprofit entities to assist such entities in establishing supervised visitation centers for visitation and visitation exchange by and between parents.

Requires the Attorney General to report specified information concerning such program to Congress.

Authorizes appropriations from the Violent Crime Reduction Trust Fund to carry out this section.

(Sec. 808) Requires the Attorney General to award grants to nonprofit domestic violence programs, shelters, or organizations in collaboration with local police departments for purposes of training local police officers regarding treatment of children who have witnessed domestic violence.

Authorizes appropriations from the Violent Crime Reduction Trust Fund to carry out this section.

(Sec. 809) Authorizes the Secretary of Health and Human Services to establish demonstration programs under which grants are awarded to States to assist agencies and organizations in providing crisis nurseries for children who are abused and neglected, are at risk of abuse or neglect, are witnessing domestic violence, or are in families receiving child protective services.

Authorizes appropriations.

Title IX: Hate Crimes Prevention - Hate Crimes Prevention Act of 1999 - Amends the Federal criminal code to set penalties for persons who, whether or not acting under color of law, willfully cause bodily injury to any person or, through the use of fire, a firearm, or an explosive device, attempt to cause such injury, because of the actual or perceived: (1) race, color, religion, or national origin of any person; or (2) religion, gender, sexual orientation, or disability of any person, where in connection with the offense, the defendant or the victim travels in interstate or foreign commerce, uses a facility or instrumentality of interstate or foreign commerce, or engages in any activity affecting interstate or foreign commerce, or where the offense is in or affects interstate or foreign commerce.

Bars prosecution of an offense described above by the United States, except upon certification by the Attorney General or other specified officials that: (1) there is reasonable cause to believe that the actual or perceived race, color, national origin, religion, sexual orientation, gender, or disability of any person was a motivating factor underlying the defendant's alleged conduct; and (2) the State does not have jurisdiction or refuses to assume jurisdiction, the State has requested the Federal Government to assume jurisdiction, or actions by State and local law enforcement have or are likely to leave demonstratively unvindicated the Federal interest in eradicating bias-motivated violence.

(Sec. 905) Directs the United States Sentencing Commission to study the issue of, and, if appropriate, amend the Federal sentencing guidelines to provide sentencing enhancements for, adult defendants who recruit juveniles to assist in the commission of hate crimes.

(Sec. 906) Requires the Office of Justice Programs of the Department of Justice to make grants to State and local programs designed to combat hate crimes committed by juveniles, including programs to train local law enforcement officers in investigating, prosecuting, and preventing hate crimes. Authorizes appropriations.

(Sec. 907) Authorizes appropriations to the Departments of the Treasury and Justice to increase the number of personnel to prevent and respond to alleged violations of provisions regarding interference with specified federally protected activities, such as voting, and hate crimes provisions added by this Act.

(Sec. 909) Directs the Comptroller General to select ten jurisdictions with laws classifying certain types of crimes as hate crimes and ten jurisdictions without such laws from which to collect specified hate crime data over a 12-month period. Requires the Comptroller General and the General Accounting Office to study such data and that collected under the Hate Crime Statistics Act of 1990 to determine the extent of hate crime activity throughout the country and the success of State and local officials in combating such activity and to identify specified trends in the commission of such crimes.

Directs the Attorney General, through the National Conference of Commissioners on Uniform State Laws of the American Law Institute or another appropriate forum, to develop a model statute to carry out specified goals regarding hate crimes and criminalize acts classified as hate crimes.

Requires the Attorney General, acting through the Director of the Federal Bureau of Investigation and at the request of a State or local law enforcement official, to provide assistance in the criminal investigation or prosecution of any crime that constitutes a crime of violence and a felony under State law and is motivated by prejudice based on the victim's race, ethnicity, or religion or is a violation of the State's hate crime law.

Establishes a grant program within the Department of Justice to assist State and local officials in the investigation and prosecution of hate crimes.

Authorizes appropriations.

Amends the Federal criminal code to prescribe penalties with respect to interstate travel to commit hate crime.