[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2500 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                                                    September 13, 2001.
    Resolved, That the bill from the House of Representatives (H.R. 
2500) entitled ``An Act making appropriations for the Departments of 
Commerce, Justice, and State, the Judiciary, and related agencies for 
the fiscal year ending September 30, 2002, and for other purposes.'', 
do pass with the following

                               AMENDMENT:

            Strike out all after the enacting clause and insert:

That the following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for the fiscal year ending 
September 30, 2002, and for other purposes, namely:

                     TITLE I--DEPARTMENT OF JUSTICE

                         General Administration

                         salaries and expenses

    For expenses necessary for the administration of the Department of 
Justice, $93,433,000, of which not to exceed $3,317,000 is for the 
Facilities Program 2000, to remain available until expended: Provided, 
That not to exceed 43 permanent positions and 44 full-time equivalent 
workyears and $8,136,000 shall be expended for the Department 
Leadership Program: Provided further, That not to exceed 41 permanent 
positions and 48 full-time equivalent workyears and $4,811,000 shall be 
expended for the Offices of Legislative Affairs and Public Affairs: 
Provided further, That the Attorney General is authorized to transfer, 
under such terms and conditions as the Attorney General shall specify, 
forfeited real or personal property of limited or marginal value, as 
such value is determined by guidelines established by the Attorney 
General, to a State or local government agency, or its designated 
contractor or transferee, for use to support drug abuse treatment, drug 
and crime prevention and education, housing, job skills, and other 
community-based public health and safety programs: Provided further, 
That any transfer under the preceding proviso shall not create or 
confer any private right of action in any person against the United 
States, and shall be treated as a reprogramming under section 605 of 
this Act.

                     joint automated booking system

    For expenses necessary for the nationwide deployment of a Joint 
Automated Booking System including automated capability to transmit 
fingerprint and image data, $22,500,000, to remain available until 
expended.

                   legal activities office automation

    For necessary office-automation expenses of organizations funded 
under the headings ``Salaries and Expenses'', General Legal Activities, 
and ``Salaries and Expenses'', General Administration, and of the 
United States Attorneys, the United States Marshals Service, the 
Antitrust Division, the United States Trustee Program, the Executive 
Office for Immigration Review, and the Community Relations Service, 
$34,600,000, to remain available until expended.

                       narrowband communications

    For the costs of conversion to narrowband communications, including 
the cost for operation and maintenance of Land Mobile Radio legacy 
systems, $204,549,000, to remain available until expended.

                             port security

    For expenses necessary for counter-terrorism, counter-narcotics, 
and other law enforcement activities at United States seaports, 
including Great Lakes ports, $39,950,000, to remain available until 
expended, to be available only for facilities, equipment, and supplies 
occupied or used by federal law enforcement agencies, including the 
United States Customs Service.

                   administrative review and appeals

    For expenses necessary for the administration of pardon and 
clemency petitions and immigration related activities, $45,813,000.

                           detention trustee

    For necessary expenses of the Federal Detention Trustee who shall 
exercise all power and functions authorized by law relating to the 
detention of Federal prisoners in non-Federal institutions or otherwise 
in the custody of the United States Marshals Service; and the detention 
of aliens in the custody of the Immigration and Naturalization Service, 
$88,884,000, of which $87,166,000 shall be available only for prisoner 
movements handled by the Justice Prisoner and Alien Transportation 
System: Provided, That the Trustee shall be responsible for overseeing 
construction of detention facilities or for housing related to such 
detention; the management of funds appropriated to the Department for 
the exercise of any detention functions; and the direction of the 
United States Marshals Service and Immigration and Naturalization 
Service with respect to the exercise of detention policy setting and 
operations for the Department.

                      office of inspector general

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, $46,006,000; including not to exceed $10,000 to meet 
unforeseen emergencies of a confidential character, to be expended 
under the direction of, and to be accounted for solely under the 
certificate of, the Attorney General; and for the acquisition, lease, 
maintenance, and operation of motor vehicles, without regard to the 
general purchase price limitation for the current fiscal year.

                    United States Parole Commission

                         salaries and expenses

    For necessary expenses of the United States Parole Commission as 
authorized by law, $8,836,000.

                            Legal Activities

            salaries and expenses, general legal activities

    For expenses necessary for the legal activities of the Department 
of Justice, not otherwise provided for, including not to exceed $20,000 
for expenses of collecting evidence, to be expended under the direction 
of, and to be accounted for solely under the certificate of, the 
Attorney General; and rent of private or Government-owned space in the 
District of Columbia, $527,543,000: Provided, That of the funds made 
available in this appropriation, $2,612,000 shall remain available 
until expended only for courtroom technology: Provided further, That of 
the total amount appropriated, not to exceed $1,000 shall be available 
to the United States National Central Bureau, INTERPOL, for 
representation expenses.
    In addition, for reimbursement of expenses of the Department of 
Justice associated with processing cases under the National Childhood 
Vaccine Injury Act of 1986, as amended, not to exceed $4,028,000, to be 
appropriated from the Vaccine Injury Compensation Trust Fund.

               salaries and expenses, antitrust division

    For expenses necessary for the enforcement of antitrust and kindred 
laws, $130,791,000: Provided, That, notwithstanding any other provision 
of law, not to exceed $130,791,000 of offsetting collections derived 
from fees collected for premerger notification filings under the Hart-
Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C. 18a), 
regardless of the year of collection, shall be retained and used for 
necessary expenses in this appropriation, and shall remain available 
until expended: Provided further, That the sum herein appropriated from 
the general fund shall be reduced as such offsetting collections are 
received during fiscal year 2002, so as to result in a final fiscal 
year 2002 appropriation from the general fund estimated at not more 
than $0.

             salaries and expenses, united states attorneys

    For necessary expenses of the Offices of the United States 
Attorneys, including inter-governmental and cooperative agreements, 
$1,260,353,000; of which not to exceed $2,500,000 shall be available 
until September 30, 2003, for: (1) training personnel in debt 
collection; (2) locating debtors and their property; (3) paying the net 
costs of selling property; and (4) tracking debts owed to the United 
States Government: Provided, That $800,000 shall be available only for 
grants to develop and conduct programs to train State and local law 
enforcement and prosecutors in the investigation and prosecution of 
child pornography and child exploitation crimes: Provided further, That 
of the total amount appropriated, not to exceed $8,000 shall be 
available for official reception and representation expenses: Provided 
further, That of the amount made available under this heading, 
$6,000,000 shall be available only to procure, operate, and maintain 
gunfire surveillance equipment to support gun prosecution initiatives 
in high crime areas: Provided further, That not to exceed $10,000,000 
of those funds available for automated litigation support contracts 
shall remain available until expended: Provided further, That, 
notwithstanding any other provision of law, the Attorney General shall 
transfer to the Department of Justice Working Capital Fund, 
unobligated, all unexpended funds appropriated by the first heading of 
chapter 2 of title II of division B of Public Law 106-246 and by 
section 202 of division A of appendix H.R. 5666 of Public Law 106-554: 
Provided further, That not to exceed $2,500,000 for the operation of 
the National Advocacy Center shall remain available until expended: 
Provided further, That the fourth proviso under the heading ``Salaries 
and Expenses, United States Attorneys'' in title I of H.R. 3421 of the 
106th Congress, as enacted by section 1000(a)(1) of Public Law 106-113 
shall apply to amounts made available under this heading for fiscal 
year 2002: Provided further, That, in addition to reimbursable full-
time equivalent workyears available to the Offices of the United States 
Attorneys, not to exceed 9,539 positions and 9,607 full-time equivalent 
workyears shall be supported from the funds appropriated in this Act 
for the United States Attorneys.

                   united states trustee system fund

    For necessary expenses of the United States Trustee Program, as 
authorized by 28 U.S.C. 589a(a), $154,044,000, to remain available 
until expended and to be derived from the United States Trustee System 
Fund: Provided, That, notwithstanding any other provision of law, 
deposits to the Fund shall be available in such amounts as may be 
necessary to pay refunds due depositors: Provided further, That, 
notwithstanding any other provision of law, $154,044,000 of offsetting 
collections pursuant to 28 U.S.C. 589a(b) shall be retained and used 
for necessary expenses in this appropriation and remain available until 
expended: Provided further, That the sum herein appropriated from the 
Fund shall be reduced as such offsetting collections are received 
during fiscal year 2002, so as to result in a final fiscal year 2002 
appropriation from the Fund estimated at $0.

      salaries and expenses, foreign claims settlement commission

    For expenses necessary to carry out the activities of the Foreign 
Claims Settlement Commission, including services as authorized by 5 
U.S.C. 3109, $1,130,000.

         salaries and expenses, united states marshals service

    For necessary expenses of the United States Marshals Service, 
including the acquisition, lease, maintenance, and operation of 
vehicles, and the purchase of passenger motor vehicles for police-type 
use, without regard to the general purchase price limitation for the 
current fiscal year, $644,746,000; of which not to exceed $6,000 shall 
be available for official reception and representation expenses; and of 
which not to exceed $4,000,000 for development, implementation, 
maintenance and support, and training for an automated prisoner 
information system shall remain available until expended.
    In addition, for the costs of courthouse security equipment, 
including furnishings, relocations, and telephone systems and cabling, 
$18,145,000, to remain available until expended.

                              construction

    For planning, constructing, renovating, equipping, and maintaining 
United States Marshals Service prisoner-holding space in United States 
courthouses and Federal buildings, including the renovation and 
expansion of prisoner movement areas, elevators, and sallyports, 
$25,812,000, to remain available until expended.

 justice prisoner and alien transportation system fund, united states 
                            marshals service

    For necessary expenses to procure replacement aircraft, 
$53,050,000, to remain available until expended, shall be available 
only for the purchase of two long-range, wide body aircraft.

                       federal prisoner detention

    For expenses, related to United States prisoners in the custody of 
the United States Marshals Service, but not including expenses 
otherwise provided for in appropriations available to the Attorney 
General, $687,682,000, to remain available until expended.

                     fees and expenses of witnesses

    For expenses, mileage, compensation, and per diems of witnesses, 
for expenses of contracts for the procurement and supervision of expert 
witnesses, for private counsel expenses, and for per diems in lieu of 
subsistence, as authorized by law, including advances, $156,145,000, to 
remain available until expended; of which not to exceed $6,000,000 may 
be made available for planning, construction, renovations, maintenance, 
remodeling, and repair of buildings, and the purchase of equipment 
incident thereto, for protected witness safesites; of which not to 
exceed $1,000,000 may be made available for the purchase and 
maintenance of armored vehicles for transportation of protected 
witnesses; and of which not to exceed $5,000,000 may be made available 
for the purchase, installation, and maintenance of secure 
telecommunications equipment and a secure automated information network 
to store and retrieve the identities and locations of protected 
witnesses.

           salaries and expenses, community relations service

    For necessary expenses of the Community Relations Service, 
$9,269,000 and, in addition, up to $1,000,000 of funds made available 
to the Department of Justice in this Act may be transferred by the 
Attorney General to this account.

                         assets forfeiture fund

    For expenses authorized by 28 U.S.C. 524(c)(1)(A)(ii), (B), (F), 
and (G), as amended, $22,949,000, to be derived from the Department of 
Justice Assets Forfeiture Fund.

                    Radiation Exposure Compensation

                        administrative expenses

    For necessary administrative expenses in accordance with the 
Radiation Exposure Compensation Act, $1,996,000.

         payment to radiation exposure compensation trust fund

    For payments to the Radiation Exposure Compensation Trust Fund of 
claims covered by the Radiation Exposure Compensation Act $10,776,000.

                      Interagency Law Enforcement

                 interagency crime and drug enforcement

    For necessary expenses for the detection, investigation, and 
prosecution of individuals involved in organized crime drug trafficking 
not otherwise provided for, to include inter-governmental agreements 
with State and local law enforcement agencies engaged in the 
investigation and prosecution of individuals involved in organized 
crime drug trafficking, $336,966,000, of which $50,000,000 shall remain 
available until expended: Provided, That any amounts obligated from 
appropriations under this heading may be used under authorities 
available to the organizations reimbursed from this appropriation: 
Provided further, That any unobligated balances remaining available at 
the end of the fiscal year shall revert to the Attorney General for 
reallocation among participating organizations in succeeding fiscal 
years, subject to the reprogramming procedures described in section 605 
of this Act.

                    Federal Bureau of Investigation

                         salaries and expenses

    For necessary expenses of the Federal Bureau of Investigation for 
detection, investigation, and prosecution of crimes against the United 
States; including purchase for police-type use of not to exceed 1,354 
passenger motor vehicles, of which 1,190 will be for replacement only, 
without regard to the general purchase price limitation for the current 
fiscal year, and hire of passenger motor vehicles; acquisition, lease, 
maintenance, and operation of aircraft; and not to exceed $70,000 to 
meet unforeseen emergencies of a confidential character, to be expended 
under the direction of, and to be accounted for solely under the 
certificate of, the Attorney General, $3,425,041,000; of which not to 
exceed $50,000,000 for automated data processing and telecommunications 
and technical investigative equipment and not to exceed $1,000,000 for 
undercover operations shall remain available until September 30, 2003; 
of which not less than $485,278,000 shall be for counterterrorism 
investigations, foreign counterintelligence, and other activities 
related to our national security; of which not to exceed $10,000,000 is 
authorized to be made available for making advances for expenses 
arising out of contractual or reimbursable agreements with State and 
local law enforcement agencies while engaged in cooperative activities 
related to violent crime, terrorism, organized crime, and drug 
investigations: Provided, That not to exceed $45,000 shall be available 
for official reception and representation expenses: Provided further, 
That of the amount made available under this heading, $53,000 shall be 
available only to reimburse Acadian Ambulance & Air Med Services for 
costs incurred during the December 1999 prison riot in St. Martin 
Parish Correctional Center, St. Martin Parish, Louisiana.

                              construction

    For necessary expenses to construct or acquire buildings and sites 
by purchase, or as otherwise authorized by law (including equipment for 
such buildings); conversion and extension of federally-owned buildings; 
and preliminary planning and design of projects; $44,074,000, to remain 
available until expended.

                    Drug Enforcement Administration

                         salaries and expenses

    For necessary expenses of the Drug Enforcement Administration, 
including not to exceed $70,000 to meet unforeseen emergencies of a 
confidential character, to be expended under the direction of, and to 
be accounted for solely under the certificate of, the Attorney General; 
expenses for conducting drug education and training programs, including 
travel and related expenses for participants in such programs and the 
distribution of items of token value that promote the goals of such 
programs; purchase of not to exceed 1,477 passenger motor vehicles, of 
which 1,354 will be for replacement only, for police-type use without 
regard to the general purchase price limitation for the current fiscal 
year; and acquisition, lease, maintenance, and operation of aircraft, 
$1,489,779,000; of which $33,000,000 for permanent change of station 
shall remain available until September 30, 2003; of which not to exceed 
$1,800,000 for research shall remain available until expended, and of 
which not to exceed $4,000,000 for purchase of evidence and payments 
for information, not to exceed $10,000,000 for contracting for 
automated data processing and telecommunications equipment, and not to 
exceed $2,000,000 for laboratory equipment, $4,000,000 for technical 
equipment, and $2,000,000 for aircraft replacement retrofit and parts, 
shall remain available until September 30, 2003; of which not to exceed 
$50,000 shall be available for official reception and representation 
expenses.

                 Immigration and Naturalization Service

                         salaries and expenses

    For expenses, not otherwise provided for, necessary for the 
administration and enforcement of the laws relating to immigration, 
naturalization, and alien registration, including not to exceed $50,000 
to meet unforeseen emergencies of a confidential character, to be 
expended under the direction of, and to be accounted for solely under 
the certificate of, the Attorney General; purchase for police-type use 
(not less than 3,165 passenger motor vehicles, of which not less than 
2,211 are for replacement only), without regard to the general purchase 
price limitation for the current fiscal year, and hire of passenger 
motor vehicles; acquisition, lease, maintenance and operation of 
aircraft; research related to immigration enforcement; for protecting 
and maintaining the integrity of the borders of the United States 
including, without limitation, equipping, maintaining, and making 
improvements to the infrastructure; and for the care and housing of 
Federal detainees held in the joint Immigration and Naturalization 
Service and United States Marshals Service's Buffalo Detention 
Facility, $3,176,037,000; of which $5,500,000 shall be for the Violence 
Against Women Act Unit of the Eastern Adjudication Service Center to 
provide for the processing of immigration self-petitions and U visas 
under the Violence Against Women Act (Public Law 103-322, reauthorized 
in Public Law 106-326) and T visas under the Victims of Trafficking and 
Violence Protection Act (Public Law 106-326), out of which $500,000 
shall be for the Eastern Adjudication Service Center to provide for the 
production and distribution of training materials to State Department, 
Justice Department, and other Government officials concerning the 
immigration provisions of the Violence Against Women Act; of which not 
to exceed $400,000 for research shall remain available until expended; 
of which not to exceed $10,000,000 shall be available for costs 
associated with the training program for basic officer training; of 
which not to exceed $5,000,000 is for payments or advances arising out 
of contractual or reimbursable agreements with State and local law 
enforcement agencies while engaged in cooperative activities related to 
immigration; of which not to exceed $5,000,000 is to fund or reimburse 
other Federal agencies for the costs associated with the care, 
maintenance, and repatriation of smuggled illegal aliens: Provided, 
That none of the funds available to the Immigration and Naturalization 
Service shall be available to pay any employee overtime pay in an 
amount in excess of $1,153 per pay period during the calendar year 
beginning January 1, 2002: Provided further, That uniforms may be 
purchased without regard to the general purchase price limitation for 
the current fiscal year: Provided further, That not to exceed $45,000 
shall be available for official reception and representation expenses: 
Provided further, That not to exceed 30 permanent positions and 30 
full-time equivalent workyears and not to exceed $4,300,000 shall be 
expended for the Offices of Legislative Affairs and Public Affairs: 
Provided further, That, of the amount appropriated under this heading, 
$67,000,000 shall be transferred to the Immigration Services and 
Infrastructure Improvements Account under section 204 of the 
Immigration Services and Infrastructure Improvements Act of 2000 (8 
U.S.C. 1573), to be used for the same purposes for which funds in such 
account may be used and to remain available until expended: Provided 
further, That the latter two aforementioned offices shall be augmented 
by personnel details, temporary transfers of personnel on either a 
reimbursable or non-reimbursable basis, or any other type of formal or 
informal transfer or reimbursement of personnel or funds on either a 
temporary or long-term basis and such augmentation may not exceed 10 
full-time equivalent workyears.

                              construction

    For planning, purchase of construction vehicles, construction, 
renovation, equipping, and maintenance of buildings and facilities 
necessary for the administration and enforcement of the laws relating 
to immigration, naturalization, and alien registration, not otherwise 
provided for, $205,015,000, to remain available until expended, of 
which $3,000,000 shall be available only to comply with Occupational 
Safety and Health Administration programs.

                         Federal Prison System

                         salaries and expenses

    For expenses necessary for the administration, operation, and 
maintenance of Federal penal and correctional institutions, including 
purchase (not to exceed 685, of which 610 are for replacement only) and 
hire of law enforcement and passenger motor vehicles, and for the 
provision of technical assistance and advice on corrections related 
issues to foreign governments, $3,786,228,000, of which $11,554,000 
shall be available only for the activation of the facility at Atwater, 
California, and of which $13,323,000 shall be available only for the 
activation of the facility at Honolulu, Hawaii: Provided, That the 
Attorney General may transfer to the Health Resources and Services 
Administration such amounts as may be necessary for direct expenditures 
by that Administration for medical relief for inmates of Federal penal 
and correctional institutions: Provided further, That the Director of 
the Federal Prison System (FPS), where necessary, may enter into 
contracts with a fiscal agent/fiscal intermediary claims processor to 
determine the amounts payable to persons who, on behalf of FPS, furnish 
health services to individuals committed to the custody of FPS: 
Provided further, That not to exceed $6,000 shall be available for 
official reception and representation expenses: Provided further, That 
not to exceed $50,000,000 shall remain available for necessary 
operations until September 30, 2003: Provided further, That, of the 
amounts provided for Contract Confinement, not to exceed $20,000,000 
shall remain available until expended to make payments in advance for 
grants, contracts and reimbursable agreements, and other expenses 
authorized by section 501(c) of the Refugee Education Assistance Act of 
1980, as amended, for the care and security in the United States of 
Cuban and Haitian entrants: Provided further, That the Director of the 
Federal Prison System may accept donated property and services relating 
to the operation of the prison card program from a not-for-profit 
entity which has operated such program in the past notwithstanding the 
fact that such not-for-profit entity furnishes services under contracts 
to the Federal Prison System relating to the operation of pre-release 
services, halfway houses or other custodial facilities.

                        buildings and facilities

    For planning, acquisition of sites and construction of new 
facilities; purchase and acquisition of facilities and remodeling, and 
equipping of such facilities for penal and correctional use, including 
all necessary expenses incident thereto, by contract or force account; 
and constructing, remodeling, and equipping necessary buildings and 
facilities at existing penal and correctional institutions, including 
all necessary expenses incident thereto, by contract or force account, 
$899,797,000, to remain available until expended, of which not to 
exceed $14,000,000 shall be available to construct areas for inmate 
work programs: Provided, That labor of United States prisoners may be 
used for work performed under this appropriation: Provided further, 
That, of the amount made available under this heading, $9,962,000 shall 
be available for partial site and planning for the U.S.P. Northeast/
Northern Mid-Atlantic facility to be located in Berlin, New Hampshire: 
Provided further, That, of the amount made available under this 
heading, $66,524,000, to remain available until expended, shall be 
transferred to, and merged with, funds in the ``Immigration and 
Naturalization Service, Construction'' appropriations account, to be 
available only for the construction of detention facilities: Provided 
further, That not to exceed 10 percent of the funds appropriated to 
``Buildings and Facilities'' in this or any other Act may be 
transferred to ``Salaries and Expenses'', Federal Prison System, upon 
notification by the Attorney General to the Committees on 
Appropriations of the House of Representatives and the Senate in 
compliance with provisions set forth in section 605 of this Act.

                federal prison industries, incorporated

    The Federal Prison Industries, Incorporated, is hereby authorized 
to make such expenditures, within the limits of funds and borrowing 
authority available, and in accord with the law, and to make such 
contracts and commitments, without regard to fiscal year limitations as 
provided by section 9104 of title 31, United States Code, as may be 
necessary in carrying out the program set forth in the budget for the 
current fiscal year for such corporation, including purchase of (not to 
exceed five for replacement only) and hire of passenger motor vehicles.

   limitation on administrative expenses, federal prison industries, 
                              incorporated

    Not to exceed $3,429,000 of the funds of the corporation shall be 
available for its administrative expenses, and for services as 
authorized by 5 U.S.C. 3109, to be computed on an accrual basis to be 
determined in accordance with the corporation's current prescribed 
accounting system, and such amounts shall be exclusive of depreciation, 
payment of claims, and expenditures which the said accounting system 
requires to be capitalized or charged to cost of commodities acquired 
or produced, including selling and shipping expenses, and expenses in 
connection with acquisition, construction, operation, maintenance, 
improvement, protection, or disposition of facilities and other 
property belonging to the corporation or in which it has an interest.

                       Office of Justice Programs

                           justice assistance

    For grants, contracts, cooperative agreements, and other assistance 
authorized by title I of the Omnibus Crime Control and Safe Streets Act 
of 1968, as amended (``the 1968 Act''), and the Missing Children's 
Assistance Act, as amended, including salaries and expenses in 
connection therewith, and with the Victims of Crime Act of 1984, as 
amended, $200,738,000, to remain available until expended, as 
authorized by section 1001 of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968, as amended by Public Law 102-534 (106 Stat. 
3524), of which not to exceed $2,000,000 shall be available for 
administering a program to award Federal matching grants to States and 
localities to improve election systems and election administration and 
for making such grants: Provided, That no funds for the purpose of 
administering such program or for making such grants shall be made 
available until the date of enactment of a statute authorizing the 
expenditure of funds for such a purpose.
    In addition, for grants, cooperative agreements, and other 
assistance authorized by sections 819 and 821 of the Antiterrorism and 
Effective Death Penalty Act of 1996 and for other counterterrorism 
programs, $373,800,000, to remain available until expended, of which 
$9,800,000 is for an aircraft for counterterrorism and other required 
activities for the City of New York.

               state and local law enforcement assistance

    For assistance authorized by the Violent Crime Control and Law 
Enforcement Act of 1994 (Public Law 103-322), as amended (``the 1994 
Act''); the Omnibus Crime Control and Safe Streets Act of 1968, as 
amended (``the 1968 Act''); and the Victims of Child Abuse Act of 1990, 
as amended (``the 1990 Act''), $2,094,990,000 (including amounts for 
administrative costs, which shall be transferred to and merged with the 
``Justice Assistance'' account), to remain available until expended as 
follows:
            (1) $400,000,000 for Local Law Enforcement Block Grants, 
        pursuant to H.R. 728 as passed by the House of Representatives 
        on February 14, 1995, except that for purposes of this Act, 
        Guam shall be considered a ``State'', the Commonwealth of 
        Puerto Rico shall be considered a ``unit of local government'' 
        as well as a ``State'', for the purposes set forth in 
        paragraphs (A), (B), (D), (F), and (I) of section 101(a)(2) of 
        H.R. 728 and for establishing crime prevention programs 
        involving cooperation between community residents and law 
        enforcement personnel in order to control, detect, or 
        investigate crime or the prosecution of criminals: Provided, 
        That no funds provided under this heading may be used as 
        matching funds for any other Federal grant program, of which:
                    (a) $80,000,000 shall be for Boys and Girls Clubs 
                in public housing facilities and other areas in 
                cooperation with State and local law enforcement: 
                Provided, That from such funds $15,000,000 shall be 
                used to carry out the Kids 2000 Act (Public Law 106-
                313; 114 Stat. 1260): Provided further, That funds may 
                also be used to defray the costs of indemnification 
                insurance for law enforcement officers, and
                    (b) $19,956,000 shall be available for grants, 
                contracts, and other assistance to carry out section 
                102(c) of H.R. 728;
            (2) $265,000,000 for the State Criminal Alien Assistance 
        Program, as authorized by section 242(j) of the Immigration and 
        Nationality Act, as amended;
            (3) $35,000,000 shall be available for the Cooperative 
        Agreement Program;
            (4) $35,191,000 shall be available for grants under section 
        20109(a)(2) of subtitle A of title II of the 1994 Act;
            (5) $7,982,000 for the Tribal Courts Initiative;
            (6) $583,125,000 for programs authorized by part E of title 
        I of the 1968 Act, notwithstanding the provisions of section 
        511 of said Act, of which $84,625,000 shall be for 
        discretionary grants under the Edward Byrne Memorial State and 
        Local Law Enforcement Assistance Programs, of which $10,000,000 
        is for the Mental Health Courts Grants Initiative, of which 
        $1,500,000 shall be for the Standing Against Global 
        Exploitation (SAGE) Project, Inc.;
            (7) $11,975,000 for the Court Appointed Special Advocate 
        Program, as authorized by section 218 of the 1990 Act;
            (8) $2,296,000 for Child Abuse Training Programs for 
        Judicial Personnel and Practitioners, as authorized by section 
        224 of the 1990 Act;
            (9) $184,937,000 for Grants to Combat Violence Against 
        Women, to States, units of local government, and Indian tribal 
        governments, as authorized by section 1001(a)(18) of the 1968 
        Act, of which:
                    (a) $1,000,000 shall be for the Bureau of Justice 
                Statistics for grants, contracts, and other assistance 
                for domestic violence federal case processing study,
                    (b) $5,200,000 shall be for the National Institute 
                of Justice for grants, contracts, and other assistance 
                for research and evaluation of violence against women,
                    (c) $10,000,000 shall be for the Office of Juvenile 
                Justice and Delinquency Prevention for the Safe Start 
                Program, to be administered as authorized by part C of 
                the Juvenile Justice and Delinquency Act of 1974, as 
                amended, and
                    (d) $200,000 for the Attorney General to conduct a 
                study and prepare a report to be submitted to the 
                Subcommittee on Commerce, Justice and State 
                Appropriations of the Senate and House of 
                Representatives Appropriations Committee on the 
                response of local law enforcement agencies to emergency 
                calls involving domestic violence;
            (10) $64,925,000 for Grants to Encourage Arrest Policies to 
        States, units of local government, and Indian tribal 
        governments, as authorized by section 1001(a)(19) of the 1968 
        Act;
            (11) $39,945,000 for Rural Domestic Violence and Child 
        Abuse Enforcement Assistance Grants, as authorized by section 
        40295 of the 1994 Act;
            (12) $4,989,000 for training programs to assist probation 
        and parole officers who work with released sex offenders, as 
        authorized by section 40152(c) of the 1994 Act, and for local 
        demonstration projects;
            (13) $998,000 for grants for televised testimony, as 
        authorized by section 1001(a)(7) of the 1968 Act;
            (14) $3,000,000 for grants to States and units of local 
        government to improve the process for entering data regarding 
        stalking and domestic violence into local, State, and national 
        crime information databases, as authorized by section 40602 of 
        the 1994 Act;
            (15) $10,000,000 for grants to reduce Violent Crimes 
        Against Women on Campus, as authorized by section 1108(a) of 
        Public Law 106-386;
            (16) $40,000,000 for Legal Assistance for Victims, as 
        authorized by section 1201 of Public Law 106-386;
            (17) $5,000,000 for enhancing protection for older and 
        disabled women from domestic violence and sexual assault as 
        authorized by section 40801 of the 1994 Act;
            (18) $15,000,000 for the Safe Havens for Children Pilot 
        Program as authorized by section 1301 of Public Law 106-386;
            (19) $7,500,000 for Education and Training to end violence 
        against and abuse of women with disabilities, as authorized by 
        section 1402 of Public Law 106-386;
            (20) $68,000,000 for grants for residential substance abuse 
        treatment for State prisoners, as authorized by section 
        1001(a)(17) of the 1968 Act: Provided, That States that have 
        in-prison drug treatment programs, in compliance with Federal 
        requirements, may use their residential substance abuse grants 
        funds for treatment, both during incarceration and after 
        release;
            (21) $4,989,000 for demonstration grants on alcohol and 
        crime in Indian Country;
            (22) $898,000 for the Missing Alzheimer's Disease Patient 
        Alert Program, as authorized by section 240001(c) of the 1994 
        Act;
            (23) $50,000,000 for Drug Courts, as authorized by title V 
        of the 1994 Act;
            (24) $1,497,000 for Law Enforcement Family Support 
        Programs, as authorized by section 1001(a)(21) of the 1968 Act;
            (25) $1,995,000 for public awareness programs addressing 
        marketing scams aimed at senior citizens, as authorized by 
        section 250005(3) of the 1994 Act;
            (26) $249,450,000 for Juvenile Accountability Incentive 
        Block Grants except that such funds shall be subject to the 
        same terms and conditions as set forth in the provisions under 
        this heading for this program in Public Law 105-119, but all 
        references in such provisions to 1998 shall be deemed to refer 
        instead to 2002, and Guam shall be considered a ``State'' for 
        the purposes of title III of H.R. 3, as passed by the House of 
        Representatives on May 8, 1997; and
            (27) $1,298,000 for the Motor Vehicle Theft Prevention 
        Programs, as authorized by section 220002(h) of the 1994 Act:
Provided, That funds made available in fiscal year 2002 under subpart 1 
of part E of title I of the 1968 Act may be obligated for programs to 
assist States in the litigation processing of death penalty Federal 
habeas corpus petitions and for drug testing initiatives: Provided 
further, That, if a unit of local government uses any of the funds made 
available under this title to increase the number of law enforcement 
officers, the unit of local government will achieve a net gain in the 
number of law enforcement officers who perform nonadministrative public 
safety service.

                       weed and seed program fund

    For necessary expenses, including salaries and related expenses of 
the Executive Office for Weed and Seed, to implement ``Weed and Seed'' 
program activities, $58,925,000, to remain available until expended, 
for inter-governmental agreements, including grants, cooperative 
agreements, and contracts, with State and local law enforcement 
agencies, non-profit organizations, and agencies of local government, 
engaged in the investigation and prosecution of violent crimes and drug 
offenses in ``Weed and Seed'' designated communities, and for either 
reimbursements or transfers to appropriation accounts of the Department 
of Justice and other Federal agencies which shall be specified by the 
Attorney General to execute the ``Weed and Seed'' program strategy: 
Provided, That funds designated by Congress through language for other 
Department of Justice appropriation accounts for ``Weed and Seed'' 
program activities shall be managed and executed by the Attorney 
General through the Executive Office for Weed and Seed: Provided 
further, That the Attorney General may direct the use of other 
Department of Justice funds and personnel in support of ``Weed and 
Seed'' program activities only after the Attorney General notifies the 
Committees on Appropriations of the House of Representatives and the 
Senate in accordance with section 605 of this Act.

                  Community Oriented Policing Services

    For activities authorized by the Violent Crime Control and Law 
Enforcement Act of 1994, Public Law 103-322 (``the 1994 Act'') 
(including administrative costs), $1,049,659,000, to remain available 
until expended; of which $175,962,000 shall be available to the Office 
of Justice Programs to carry out section 102 of the Crime 
Identification Technology Act of 1998 (42 U.S.C. 14601), of which 
$35,000,000 is for grants to upgrade criminal records, as authorized 
under the Crime Identification Technology Act of 1998 (42 U.S.C. 
14601), of which $35,000,000 is for DNA testing as authorized by the 
DNA Analysis Backlog Elimination Act of 2000 (Public Law 106-546), of 
which $35,000,000 is for the State and local DNA laboratories as 
authorized by section 1001(a)(22) of the 1968 Act, and improvements to 
the State and local forensic general science capabilities to reduce 
State and local DNA convicted offender sample backlog and for awards to 
State, local, and private laboratories, including $1,500,000 for a 
computer forensic lab in Ohio, of which $600,000 shall be available to 
the Mecklenburg County, North Carolina Sheriff's Office for a Sex 
Offender Registration Unit, of which $25,000,000 shall be available for 
Paul Coverdell Forensic Sciences Improvement Grants under part BB of 
title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
U.S.C. 3797j et seq.), and of which $17,000,000 is for the National 
Institute of Justice for grants, contracts, and other agreements to 
develop school safety technologies and training; of which $514,209,000 
is for Public Safety and Community Policing Grants pursuant to title I 
of the 1994 Act, of which $190,291,000 shall be available for the COPS 
hiring program, of which $180,000,000 shall be available for school 
resource officers, of which $35,000,000 shall be used to improve tribal 
law enforcement including equipment and training, of which $25,444,000 
shall be used for the Matching Grant Program for Law Enforcement Armor 
Vests pursuant to section 2501 of part Y of the Omnibus Crime Control 
and Safe Streets Act of 1968 (``the 1968 Act''), as amended, of which 
$30,000,000 shall be used for Police Corps education, training, and 
service as set forth in sections 200101-200113 of the 1994 Act, and of 
which $20,662,000 shall be used to provide training and technical 
assistance; of which $155,467,000 shall be used for a law enforcement 
technology program, of which $1,900,000 shall be available only for the 
New Jersey State Police Law Enforcement Training Center, of which 
$1,500,000 shall be available only for in-car cameras for Arkansas 
State Police cruisers, of which $1,000,000 is to the National Sheriff's 
Association to conduct a multi-State information sharing demonstration 
project, of which $7,202,000, to remain available until September 30, 
2003, shall be transferred to, and merged with, funds in the Federal 
Bureau of Investigation, ``Salaries and Expenses'' appropriations 
account to be available only to maintain or establish not more than 4 
regional computer forensic labs in affiliation with the Federal Bureau 
of Investigation Laboratory Division, of which $1,005,000, to remain 
available until September 30, 2003, shall be transferred to, and merged 
with, funds in the Federal Bureau of Investigation, ``Salaries and 
Expenses'' appropriations account to be available only to expand the 
Violent Criminal Apprehension Program to include sexual assault, of 
which $3,800,000 will be for a grant to the Jersey City Police 
Department's Crime Identification System to upgrade communications 
systems, of which $350,000 shall be transferred to, and merged with, 
funds in the ``Salaries and Expenses'', General Legal Activities 
appropriations account to be available only for equipment to connect 
Interpol to the National Law Enforcement Telecommunications System, of 
which $3,000,000 shall be for a grant to the Law Enforcement Innovation 
Center at the University of Tennessee, of which $2,000,000 shall be 
available only for law enforcement technology upgrades for Berlin, New 
Hampshire, and of which $4,000,000, to remain available until September 
30, 2003, shall be transferred to, and merged with, funds in the 
Federal Bureau of Investigation, ``Salaries and Expenses'' 
appropriations account to be available only to maintain or establish 
not more than 4 regional mitochondrial DNA forensic labs in affiliation 
with the Federal Bureau of Investigation Laboratory Division; of which 
$49,493,000 shall be used for policing initiatives to combat 
methamphetamine production and trafficking and to enhance policing 
initiatives in drug ``hot spots'', of which $1,300,000 shall be for a 
grant to the California Department of Justice for a methamphetamine 
initiative, of which $1,100,000 shall be for a methamphetamine 
initiative in the State of Missouri; of which $99,780,000 for a 
prosecution assistance program to reimburse State, county, parish, or 
municipal governments only for Federal costs associated with the 
prosecution of criminal cases declined by local U.S. Attorneys' 
offices, of which $49,780,000 shall be for a national program to reduce 
gun violence, and of which $50,000,000 shall be for the Southwest 
Border Prosecutor Initiative; of which $16,963,000 shall be for a 
police integrity program; of which $22,851,000 is for the Safe Schools 
Initiative; and of which $14,934,000 shall be for an offender re-entry 
program: Provided, That of the amount provided for Public Safety and 
Community Policing Grants, not to exceed $32,812,000 shall be expended 
for program management and administration: Provided further, That of 
the prior year balances available in this program, $46,000,000 shall be 
available for the direct hiring of law enforcement officers through the 
Universal Hiring Program: Provided further, That Section 1703(b) and 
(c) of the 1968 Act shall not apply to non-hiring grants made pursuant 
to part Q of title I thereof (42 U.S.C. 3796 d.d. et seq.).

                       juvenile justice programs

    For grants, contracts, cooperative agreements, and other assistance 
authorized by the Juvenile Justice and Delinquency Prevention Act of 
1974, as amended, (``the Act''), including salaries and expenses in 
connection therewith to be transferred to and merged with the 
appropriations for Justice Assistance, $324,926,000, to remain 
available until expended, as authorized by section 299 of part I of 
title II and section 506 of title V of the Act, as amended by Public 
Law 102-586, of which: (1) notwithstanding any other provision of law, 
$6,847,000 shall be available for expenses authorized by part A of 
title II of the Act, $88,804,000 shall be available for expenses 
authorized by part B of title II of the Act, and $60,591,000 shall be 
available for expenses authorized by part C of title II of the Act, of 
which $300,000 shall be available only for the ``From Darkness to 
Light'' program in Charleston, South Carolina, of which $5,000,000 is 
to fund the Strengthening Abuse and Neglect Courts Act, of which not to 
exceed $5,000,000 shall be available for grants for local juvenile 
justice programs for mental health screening and treatment for juvenile 
offenders during incarceration that are consistent with guidelines 
issued by the Attorney General, of which $500,000 is for the Boy Scouts 
``Learning for Life'' program, of which $500,000 for the Elwyn Project 
in Pennsylvania to reduce placement in institutions of mentally ill 
youth, $400,000 for the Center for Corrections Education at Indiana 
University of Pennsylvania to develop and establish a program to train 
educators within corrections institutions throughout the United States, 
and $100,000 to replicate a witness relocation program in Pennsylvania, 
of which $250,000 shall be for a grant to the Rapid Response Program in 
Washington and Hancock Counties, Maine: Provided, That $26,442,000 of 
the amounts provided for part B of title II of the Act, as amended, is 
for the purpose of providing additional formula grants under part B to 
States that provide assurances to the Administrator that the State has 
in effect (or will have in effect no later than 1 year after date of 
application) policies and programs, that ensure that juveniles are 
subject to accountability-based sanctions for every act for which they 
are adjudicated delinquent; (2) $11,974,000 shall be available for 
expenses authorized by sections 281 and 282 of part D of title II of 
the Act for prevention and treatment programs relating to juvenile 
gangs; (3) $9,978,000 shall be available for expenses authorized by 
section 285 of part E of title II of the Act; (4) $15,965,000 shall be 
available for expenses authorized by part G of title II of the Act for 
juvenile mentoring programs; and (5) $130,767,000 shall be available 
for expenses authorized by title V of the Act for incentive grants for 
local delinquency prevention programs; of which $12,472,000 shall be 
for delinquency prevention, control, and system improvement programs 
for tribal youth; of which $25,000,000 shall be available for grants of 
$360,000 to each State and $6,640,000 shall be available for 
discretionary grants to States, for programs and activities to enforce 
State laws prohibiting the sale of alcoholic beverages to minors or the 
purchase or consumption of alcoholic beverages by minors, prevention 
and reduction of consumption of alcoholic beverages by minors, and for 
technical assistance and training; and of which $15,000,000 shall be 
available for the Safe Schools Initiative: Provided further, That of 
amounts made available under the Juvenile Justice Programs of the 
Office of Justice Programs to carry out part B (relating to Federal 
Assistance for State and Local Programs), subpart II of part C 
(relating to Special Emphasis Prevention and Treatment Programs), part 
D (relating to Gang-Free Schools and Communities and Community-Based 
Gang Intervention), part E (relating to State Challenge Activities), 
and part G (relating to Mentoring) of title II of the Juvenile Justice 
and Delinquency Prevention Act of 1974, and to carry out the At-Risk 
Children's Program under title V of that Act, not more than 10 percent 
of each such amount may be used for research, evaluation, and 
statistics activities designed to benefit the programs or activities 
authorized under the appropriate part or title, and not more than 2 
percent of each such amount may be used for training and technical 
assistance activities designed to benefit the programs or activities 
authorized under that part or title.
    In addition, for grants, contracts, cooperative agreements, and 
other assistance authorized by the Victims of Child Abuse Act of 1990, 
as amended, $8,481,000, to remain available until expended, as 
authorized by section 214B of the Act.

                    public safety officers benefits

    To remain available until expended, for payments authorized by part 
L of title I of the Omnibus Crime Control and Safe Streets Act of 1968 
(42 U.S.C. 3796), as amended, such sums as are necessary, as authorized 
by section 6093 of Public Law 100-690 (102 Stat. 4339-4340); and 
$2,395,000, to remain available until expended for payments as 
authorized by section 1201(b) of said Act.

               General Provisions--Department of Justice

    Sec. 101. In addition to amounts otherwise made available in this 
title for official reception and representation expenses, 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.
    Sec. 102. Section 124 of the Departments of Commerce, Justice, and 
State, the Judiciary, and Related Agencies Appropriations Act, 1999, as 
contained in the Omnibus Consolidated and Emergency Supplemental 
Appropriations Act, 1999, is repealed.
    Sec. 103. Notwithstanding any other provision of law, not to exceed 
$10,000,000 of the funds made available in this Act may be used to 
establish and publicize a program under which publicly advertised, 
extraordinary rewards may be paid, which shall not be subject to 
spending limitations contained in sections 3059 and 3072 of title 18, 
United States Code: Provided, That any reward of $100,000 or more, up 
to a maximum of $2,000,000, may not be made without the personal 
approval of the President or the Attorney General and such approval may 
not be delegated.
    Sec. 104. Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Department of Justice in 
this Act may be transferred between such appropriations, but no such 
appropriation, except as otherwise specifically provided, shall be 
increased by more than 10 percent by any such transfers: Provided, That 
any transfer pursuant to this section shall be treated as a 
reprogramming of funds under section 605 of this Act and shall not be 
available for obligation except in compliance with the procedures set 
forth in that section.
    Sec. 105. Section 286(q)(1)(A) of the Immigration and Nationality 
Act of 1953, as amended, is further amended by striking ``6'' and 
inserting ``96''.
    Sec. 106. Notwithstanding any other provision of law, $1,000,000 
shall be available for technical assistance from the funds appropriated 
for part G of title II of the Juvenile Justice and Delinquency 
Prevention Act of 1974, as amended.
    Sec. 107. In instances where the Attorney General determines that 
law enforcement-, security-, or mission-related considerations mitigate 
against obtaining maintenance or repair services from private sector 
entities for equipment under warranty, the Attorney General is 
authorized to seek reimbursement from such entities for warranty work 
performed at Department of Justice facilities and, notwithstanding any 
other provision of law, to credit any payment made for such work to any 
appropriation charged therefore.
    Sec. 108. Section 286(e)(1) of the Immigration and Nationality Act 
(8 U.S.C. 1356(e)(1)) is amended to read as follows:
    ``(1)(A) Except as provided in subparagraph (B), the Attorney 
General is authorized to charge and collect a fee in the amount of 
$1.50 for each individual with respect to whom immigration inspection 
services or preinspection services are provided in connection with the 
arrival in the United States of the individual as a passenger on a 
commercial vessel, if the passenger's journey originated in any of the 
following:
            ``(i) Mexico.
            ``(ii) Canada.
            ``(iii) A State, territory, or possession of the United 
        States.
            ``(iv) Any adjacent island (within the meaning of section 
        101(b)(5)).
    ``(B) The authority of subparagraph (A) does not apply to 
immigration inspection services or preinspection services provided at a 
designated port of entry in connection with the arrival of a passenger 
by means of a Great Lakes international ferry, or by means of any 
vessel that transits the Great Lakes or its connecting waterways, if 
the ferry or other vessel operates on a regular schedule.''.
    Sec. 109. Section 245(i) of the Immigration and Nationality Act (8 
U.S.C. 1255(i)) is amended--
            (1) in paragraph (1), by amending the first sentence to 
        read as follows: ``Notwithstanding the provisions of 
        subsections (a) and (c) of this section, an alien physically 
        present in the United States who--
                    ``(A) entered the United States without inspection; 
                or
                    ``(B) is within one of the classes enumerated in 
                subsection (c) of this section, may apply to the 
                Attorney General for the adjustment of his or her 
                status to that of an alien lawfully admitted for 
                permanent residence.''; and
            (2) by amending paragraph (3)(B) to read as follows:
    ``(B) One-half of any remaining portion of such fees remitted under 
such paragraphs shall be deposited by the Attorney General into the 
Immigration Examination Fee Account established under section 286(m), 
and one-half of any remaining portion of such fees shall be deposited 
by the Attorney General into the Breached Bond/Detention Fund 
established under section 286(r).''.
    Sec. 110. Section 1402(d)(3) of the Victims of Crime Act of 1984 
(42 U.S.C. 10601(d)(3)), is amended by striking the period at the end 
and inserting ``, and for a Victim Notification System.''.
    Sec. 111. Section 6 of the Hmong Veterans' Naturalization Act of 
2000 (Public Law 106-207; 8 U.S.C. 1423 note) (as amended by Public Law 
106-415) is amended by striking ``18 months'' each place such term 
appears and inserting ``36 months''.
    This title may be cited as the ``Department of Justice 
Appropriations Act, 2002''.

         TITLE II--DEPARTMENT OF COMMERCE AND RELATED AGENCIES

                  Trade and Infrastructure Development

                            RELATED AGENCIES

            Office of the United States Trade Representative

                         salaries and expenses

    For necessary expenses of the Office of the United States Trade 
Representative, including the hire of passenger motor vehicles and 
employment of experts and consultants as authorized by 5 U.S.C. 3109, 
$30,097,000, of which $1,000,000 shall remain available until expended: 
Provided, That not to exceed $98,000 shall be available for official 
reception and representation expenses.

                     International Trade Commission

                         salaries and expenses

    For necessary expenses of the International Trade Commission, 
including hire of passenger motor vehicles, and services as authorized 
by 5 U.S.C. 3109, and not to exceed $2,500 for official reception and 
representation expenses, $51,440,000, to remain available until 
expended.

                         DEPARTMENT OF COMMERCE

                   International Trade Administration

                     operations and administration

    For necessary expenses for international trade activities of the 
Department of Commerce provided for by law, and engaging in trade 
promotional activities abroad, including expenses of grants and 
cooperative agreements for the purpose of promoting exports of United 
States firms, without regard to 44 U.S.C. 3702 and 3703; full medical 
coverage for dependent members of immediate families of employees 
stationed overseas and employees temporarily posted overseas; travel 
and transportation of employees of the United States and Foreign 
Commercial Service between two points abroad, without regard to 49 
U.S.C. 1517; employment of Americans and aliens by contract for 
services; rental of space abroad for periods not exceeding 10 years, 
and expenses of alteration, repair, or improvement; purchase or 
construction of temporary demountable exhibition structures for use 
abroad; payment of tort claims, in the manner authorized in the first 
paragraph of 28 U.S.C. 2672 when such claims arise in foreign 
countries; not to exceed $327,000 for official representation expenses 
abroad; purchase of passenger motor vehicles for official use abroad, 
not to exceed $30,000 per vehicle; obtaining insurance on official 
motor vehicles; and rental of tie lines, $347,090,000, to remain 
available until expended, of which $3,000,000 is to be derived from 
fees to be retained and used by the International Trade Administration, 
notwithstanding 31 U.S.C. 3302: Provided, That $67,320,000 shall be for 
Trade Development, $27,441,000 shall be for Market Access and 
Compliance, $42,859,000 shall be for the Import Administration, 
$193,824,000 shall be for the United States and Foreign Commercial 
Service, and $13,146,000 shall be for Executive Direction and 
Administration: Provided further, That the provisions of the first 
sentence of section 105(f) and all of section 108(c) of the Mutual 
Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and 
2458(c)) shall apply in carrying out these activities without regard to 
section 5412 of the Omnibus Trade and Competitiveness Act of 1988 (15 
U.S.C. 4912); and that for the purpose of this Act, contributions under 
the provisions of the Mutual Educational and Cultural Exchange Act 
shall include payment for assessments for services provided as part of 
these activities.

                         Export Administration

                     operations and administration

    For necessary expenses for export administration and national 
security activities of the Department of Commerce, including costs 
associated with the performance of export administration field 
activities both domestically and abroad; full medical coverage for 
dependent members of immediate families of employees stationed 
overseas; employment of Americans and aliens by contract for services 
abroad; payment of tort claims, in the manner authorized in the first 
paragraph of 28 U.S.C. 2672 when such claims arise in foreign 
countries; not to exceed $15,000 for official representation expenses 
abroad; awards of compensation to informers under the Export 
Administration Act of 1979, and as authorized by 22 U.S.C. 401(b); 
purchase of passenger motor vehicles for official use and motor 
vehicles for law enforcement use with special requirement vehicles 
eligible for purchase without regard to any price limitation otherwise 
established by law, $68,893,000, to remain available until expended, of 
which $7,250,000 shall be for inspections and other activities related 
to national security: Provided, That the provisions of the first 
sentence of section 105(f) and all of section 108(c) of the Mutual 
Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and 
2458(c)) shall apply in carrying out these activities: Provided 
further, That payments and contributions collected and accepted for 
materials or services provided as part of such activities may be 
retained for use in covering the cost of such activities, and for 
providing information to the public with respect to the export 
administration and national security activities of the Department of 
Commerce and other export control programs of the United States and 
other governments.

                  Economic Development Administration

                economic development assistance programs

    For grants for economic development assistance as provided by the 
Public Works and Economic Development Act of 1965, as amended, and for 
trade adjustment assistance, $341,000,000, to remain available until 
expended.

                         salaries and expenses

    For necessary expenses of administering the economic development 
assistance programs as provided for by law, $30,557,000: Provided, That 
these funds may be used to monitor projects approved pursuant to title 
I of the Public Works Employment Act of 1976, as amended, title II of 
the Trade Act of 1974, as amended, and the Community Emergency Drought 
Relief Act of 1977.

                  Minority Business Development Agency

                     minority business development

    For necessary expenses of the Department of Commerce in fostering, 
promoting, and developing minority business enterprise, including 
expenses of grants, contracts, and other agreements with public or 
private organizations, $28,381,000.

                Economic and Information Infrastructure

                   Economic and Statistical Analysis

                         salaries and expenses

    For necessary expenses, as authorized by law, of economic and 
statistical analysis programs of the Department of Commerce, 
$62,515,000, to remain available until September 30, 2003.

                          Bureau of the Census

                         salaries and expenses

    For expenses necessary for collecting, compiling, analyzing, 
preparing, and publishing statistics, provided for by law, 
$168,561,000.

                     periodic censuses and programs

    For necessary expenses to collect and publish statistics for 
periodic censuses and programs provided for by law, $348,529,000, to 
remain available until expended.

       National Telecommunications and Information Administration

                         salaries and expenses

    For necessary expenses, as provided for by law, of the National 
Telecommunications and Information Administration (NTIA), $14,054,000, 
to remain available until expended: Provided, That, notwithstanding 31 
U.S.C. 1535(d), the Secretary of Commerce shall charge Federal agencies 
for costs incurred in spectrum management, analysis, and operations, 
and related services and such fees shall be retained and used as 
offsetting collections for costs of such spectrum services, to remain 
available until expended: Provided further, That the Secretary of 
Commerce is authorized to retain and use as offsetting collections all 
funds transferred, or previously transferred, from other Government 
agencies for all costs incurred in telecommunications research, 
engineering, and related activities by the Institute for 
Telecommunication Sciences of NTIA, in furtherance of its assigned 
functions under this paragraph, and such funds received from other 
Government agencies shall remain available until expended.

    public telecommunications facilities, planning and construction

    For grants authorized by section 392 of the Communications Act of 
1934, as amended, $43,466,000, to remain available until expended as 
authorized by section 391 of the Act, as amended: Provided, That not to 
exceed $2,358,000 shall be available for program administration as 
authorized by section 391 of the Act: Provided further, That 
notwithstanding the provisions of section 391 of the Act, the prior 
year unobligated balances may be made available for grants for projects 
for which applications have been submitted and approved during any 
fiscal year.

                   information infrastructure grants

    For grants authorized by section 392 of the Communications Act of 
1934, as amended, $15,503,000, to remain available until expended as 
authorized by section 391 of the Act, as amended: Provided, That not to 
exceed $3,097,000 shall be available for program administration and 
other support activities as authorized by section 391: Provided 
further, That, of the funds appropriated herein, not to exceed 5 
percent may be available for telecommunications research activities for 
projects related directly to the development of a national information 
infrastructure: Provided further, That, notwithstanding the 
requirements of sections 392(a) and 392(c) of the Act, these funds may 
be used for the planning and construction of telecommunications 
networks for the provision of educational, cultural, health care, 
public information, public safety, or other social services: Provided 
further, That notwithstanding any other provision of law, no entity 
that receives telecommunications services at preferential rates under 
section 254(h) of the Act (47 U.S.C. 254(h)) or receives assistance 
under the regional information sharing systems grant program of the 
Department of Justice under part M of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3796h) may use funds 
under a grant under this heading to cover any costs of the entity that 
would otherwise be covered by such preferential rates or such 
assistance, as the case may be.

                      Patent and Trademark Office

                         salaries and expenses

    For necessary expenses of the United States Patent and Trademark 
Office provided for by law, including defense of suits instituted 
against the Under Secretary of Commerce for Intellectual Property and 
Director of the United States Patent and Trademark Office, 
$856,701,000, to remain available until expended, which amount shall be 
derived from offsetting collections assessed and collected pursuant to 
15 U.S.C. 1113 and 35 U.S.C. 41 and 376, and shall be retained and used 
for necessary expenses in this appropriation: Provided, That the sum 
herein appropriated from the general fund shall be reduced as such 
offsetting collections are received during fiscal year 2002, so as to 
result in fiscal year 2002 appropriation from the general fund 
estimated at $0: Provided further, That during fiscal year 2002, should 
the total amount of offsetting fee collections be less than 
$856,701,000, the total amounts available to the United States Patent 
and Trademark Office shall be reduced accordingly: Provided further, 
That an additional amount not to exceed $282,300,000 from fees 
collected in prior fiscal years shall be available for obligation in 
fiscal year 2002, to remain available until expended: Provided further, 
That from amounts provided herein, not to exceed $5,000 shall be made 
available in fiscal year 2002 for official reception and representation 
expenses.

                         Science and Technology

                       Technology Administration

       under secretary for technology/office of technology policy

                         salaries and expenses

    For necessary expenses for the Under Secretary for Technology/
Office of Technology Policy, $8,238,000.

             National Institute of Standards and Technology

             scientific and technical research and services

    For necessary expenses of the National Institute of Standards and 
Technology, $343,296,000, to remain available until expended, of which 
not to exceed $282,000 may be transferred to the ``Working Capital 
Fund''.

                     industrial technology services

    For necessary expenses of the Manufacturing Extension Partnership 
of the National Institute of Standards and Technology, $105,137,000, to 
remain available until expended: Provided, That the Secretary of 
Commerce is authorized to enter into agreements with one or more 
nonprofit organizations for the purpose of carrying out collective 
research and development initiatives pertaining to 15 U.S.C. 278k 
paragraph (a), and is authorized to seek and accept contributions from 
public and private sources to support these efforts as necessary.
    In addition, for necessary expenses of the Advanced Technology 
Program of the National Institute of Standards and Technology, 
$204,200,000, to remain available until expended, of which not to 
exceed $60,700,000 shall be available for the award of new grants.

                  construction of research facilities

    For construction of new research facilities, including 
architectural and engineering design, and for renovation of existing 
facilities, not otherwise provided for the National Institute of 
Standards and Technology, as authorized by 15 U.S.C. 278c-278e, 
$43,893,000, to remain available until expended.

            National Oceanic and Atmospheric Administration

                  operations, research, and facilities

                     (including transfers of funds)

    For necessary expenses of activities authorized by law for the 
National Oceanic and Atmospheric Administration, including maintenance, 
operation, and hire of aircraft; grants, contracts, or other payments 
to nonprofit organizations for the purposes of conducting activities 
pursuant to cooperative agreements; and relocation of facilities as 
authorized by 33 U.S.C. 883i, $2,273,305,000, to remain available until 
expended, of which $2,000,000 shall be for West Coast Groundfish 
Cooperative Research and $3,000,000 shall be for Oregon Groundfish 
Disaster Assistance, of which $300,000 shall be available only for a 
variable and Eurasian milfoil education and prevention program in New 
Hampshire and $300,000 shall be available only for the Connecticut 
River Partnership: Provided, That fees and donations received by the 
National Ocean Service for the management of the national marine 
sanctuaries may be retained and used for the salaries and expenses 
associated with those activities, notwithstanding 31 U.S.C. 3302: 
Provided further, That in addition, $68,000,000 shall be derived by 
transfer from the fund entitled ``Promote and Develop Fishery Products 
and Research Pertaining to American Fisheries'': Provided further, That 
in addition, not to exceed $3,000,000 shall be derived by transfer from 
the fund entitled ``Coastal Zone Management'': Provided further, That 
of the amounts made available to the National Marine Fisheries Service, 
not less than $29,000,000 shall be for Alaskan Steller sea lion 
research: Provided further, That such sums as are necessary shall be 
available to the National Marine Fisheries Service, in collaboration 
with the United States Fish and Wildlife Service, to conduct a review 
of the agencies' joint regulations governing consultations on Federal 
agency actions under subsection (a)(2) of section 7 of the Endangered 
Species Act of 1973 (16 U.S.C. 1536), so as to streamline the 
consultation process to ensure that consultations are completed within 
the deadlines provided in that section and have streamlined 
documentation requirements consistent with that section, and to make 
any necessary modifications to those regulations not later than April 
1, 2003: Provided further, That grants to States pursuant to sections 
306 and 306A of the Coastal Zone Management Act of 1972, as amended, 
shall not exceed $2,000,000: Provided further, That of the amount 
provided under this heading, for conservation activities defined in 
section 250(c)(4)(E) of the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended, $33,650,000 to remain available until 
expended, for the purposes of discretionary spending limits: Provided 
further, That not to exceed $23,890,000 shall be expended for Executive 
Direction and Administration, which consists of the Offices of the 
Undersecretary, the Executive Secretariat, Policy and Strategic 
Planning, International Affairs, Legislative Affairs, Public Affairs, 
Sustainable Development, the Chief Scientist, and the General Counsel: 
Provided further, That the aforementioned offices, excluding the Office 
of the General Counsel, shall not be augmented by personnel details, 
temporary transfers of personnel on either a reimbursable or 
nonreimbursable basis or any other type of formal or informal transfer 
or reimbursement of personnel or funds on either a temporary or long-
term basis above the level of 42 personnel: Provided further, That of 
the amount provided to the National Marine Fisheries Service, a total 
of $6,000,000 shall be provided to the National Oceanic and Atmospheric 
Administration Office of General Counsel: Provided further, That the 
National Marine Fisheries Service shall be obligated for payment of all 
fisheries-related reimbursable work performed by the National Oceanic 
and Atmospheric Administration Office of General Counsel: Provided 
further, That the Secretary may proceed as he deems necessary to have 
the National Oceanic and Atmospheric Administration occupy and operate 
its research facilities which are located at Lafayette, Louisiana: 
Provided further, That $1,500,000 shall be available only for the 
planning and design of research facilities which shall be located in 
Lafayette, Louisiana: Provided further, That the R/V FAIRWEATHER shall 
be homeported in Ketchikan, Alaska: Provided further, That no general 
administrative charge shall be applied against an assigned activity 
included in this Act and, further, that any direct administrative 
expenses applied against an assigned activity shall be limited to 5 
percent of the funds provided for that assigned activity: Provided 
further, That any use of deobligated balances of funds in excess of 
$22,000,000 shall be subject to the procedures set forth in section 605 
of this Act.
    In addition, for necessary retired pay expenses under the Retired 
Serviceman's Family Protection and Survivor Benefits Plan, and for 
payments for medical care of retired personnel and their dependents 
under the Dependents Medical Care Act (10 U.S.C. ch. 55), such sums as 
may be necessary.
    In addition, there is hereby established the Business Management 
Fund of the National Oceanic and Atmospheric Administration, which 
shall be available without fiscal year limitation for expense and 
equipment necessary for the maintenance and operations of such services 
and projects as the Administrator of the National Oceanic and 
Atmospheric Administration determines may be performed more 
advantageously when centralized: Provided, That such central services 
shall, to the fullest extent practicable, be used to make unnecessary 
the maintenance of separate like services in the divisions and offices 
of the National Oceanic and Atmospheric Administration: Provided 
further, That a separate schedule of expenditures and reimbursements, 
and a statement of the current assets and liabilities of the Business 
Management Fund as of the close of the completed fiscal year, shall be 
prepared each year and submitted to Congress: Provided further, That 
notwithstanding 31 U.S.C. 3302, the Business Management Fund may be 
credited with advances and reimbursements from applicable 
appropriations of the National Oceanic and Atmospheric Administration 
and from funds of other agencies or entities for services furnished 
pursuant to law: Provided further, That any inventories, equipment, 
systems, real property and other assets over $25,000, pertaining to the 
services to be provided by such funds, either on hand or on order, less 
the related liabilities or unpaid obligations, and any appropriations 
made hereafter for the purpose of providing capital, shall be used to 
capitalize the Business Management Fund: Provided further, That the 
National Oceanic and Atmospheric Administration Business Management 
Fund shall be authorized to create an initial cash corpus of $5,000,000 
from deobligations and continued funding as may be or become available 
from deobligations: Provided further, That the Business Management Fund 
shall provide for centralized services at rates which return in full 
all expenses of operation and services, including depreciation or full 
overhead costs of fund plant and equipment, plus an amount equal to 
projected inflation, amortization of automated data processing software 
and hardware systems, and an amount not to exceed four percent 
necessary to maintain an operating level in the fund as determined by 
the Administrator: Provided further, That full implementation of the 
Business Management Fund will be phased in over a period not less than 
three years nor more than five fiscal years.
    There is hereby established the following organizational structure 
for the Business Management Fund of the National Oceanic and 
Atmospheric Administration: Provided, That the overall responsibility 
for the National Oceanic and Atmospheric Administration Business 
Management Fund lies with the Administrator of the National Oceanic and 
Atmospheric Administration: Provided further, That general management 
of the National Oceanic and Atmospheric Administration's Business 
Management Fund may be delegated by the Administrator to the Chief 
Financial Officer/Chief Administrative Officer of the National Oceanic 
and Atmospheric Administration.

   procurement, acquisition and construction (including transfers of 
                                 funds)

    For procurement, acquisition and construction of capital assets, 
including alteration and modification costs, of the National Oceanic 
and Atmospheric Administration, $940,610,000, to remain available until 
expended: Provided, That unexpended balances of amounts previously made 
available in the ``Operations, Research, and Facilities'' account for 
activities funded under this heading may be transferred to and merged 
with this account, to remain available until expended for the purposes 
for which the funds were originally appropriated: Provided further, 
That of the amount provided under this heading for expenses necessary 
to carry out conservation activities defined in section 250(c)(4)(E) of 
the Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended, including funds for the Coastal and Estuarine Land 
Conservation Program, $83,410,000 to remain available until expended: 
Provided further, That, notwithstanding any other provision of law, of 
the above amounts, $60,000,000 shall be used to initiate the ``Coastal 
and Estuarine Land Conservation Program'', for which there shall be no 
matching requirement, of which $2,500,000 is for coastal land 
acquisition at Rocky Point in Warwick, Rhode Island: Provided further, 
That none of the funds provided in this Act or any other Act under the 
heading ``National Oceanic and Atmospheric Administration, Procurement, 
Acquisition and Construction'' shall be used to fund the General 
Services Administration's standard construction and tenant build-out 
costs of a facility at the Suitland Federal Center.

                    pacific coastal salmon recovery

    For necessary expenses to carry out the conservation activites 
defined in section 250(c)(4)(E) of the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended, including funds for the 
Endangered Species Act-Pacific Salmon Recovery, the Columbia River 
Hatcheries, the Columbia River Facilities, Pacific Salmon Treaty 
Implementation, $137,940,000, to remain available until expended.

                      coastal zone management fund

    Of amounts collected pursuant to section 308 of the Coastal Zone 
Management Act of 1972 (16 U.S.C. 1456a), not to exceed $3,000,000 
shall be transferred to the Operations, Research, and Facilities 
account to offset the costs of implementing such Act.

                      fishermen's contingency fund

    For carrying out the provisions of title IV of Public Law 95-372, 
not to exceed $952,000, to be derived from receipts collected pursuant 
to that Act, to remain available until expended.

                     foreign fishing observer fund

    For expenses necessary to carry out the provisions of the Atlantic 
Tunas Convention Act of 1975, as amended (Public Law 96-339), the 
Magnuson-Stevens Fishery Conservation and Management Act of 1976, as 
amended (Public Law 100-627), and the American Fisheries Promotion Act 
(Public Law 96-561), to be derived from the fees imposed under the 
foreign fishery observer program authorized by these Acts, not to 
exceed $191,000, to remain available until expended.

                   fisheries finance program account

    For the cost of direct loans, $287,000, as authorized by the 
Merchant Marine Act of 1936, as amended: Provided, That such costs, 
including the cost of modifying such loans, shall be as defined in 
section 502 of the Congressional Budget Act of 1974: Provided further, 
That none of the funds made available under this heading may be used 
for direct loans for any new fishing vessel that will increase the 
harvesting capacity in any United States fishery.

                        Departmental Management

                         salaries and expenses

    For expenses necessary for the departmental management of the 
Department of Commerce provided for by law, including not to exceed 
$8,000 for official entertainment, $42,062,000.

                      office of inspector general

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended (5 U.S.C. App. 1-11, as amended by Public Law 100-504), 
$21,176,000.

               General Provisions--Department of Commerce

    Sec. 201. During the current fiscal year, applicable appropriations 
and funds made available to the Department of Commerce by this Act 
shall be available for the activities specified in the Act of October 
26, 1949 (15 U.S.C. 1514), to the extent and in the manner prescribed 
by the Act, and, notwithstanding 31 U.S.C. 3324, may be used for 
advanced payments not otherwise authorized only upon the certification 
of officials designated by the Secretary of Commerce that such payments 
are in the public interest.
    Sec. 202. During the current fiscal year, appropriations made 
available to the Department of Commerce by this Act for salaries and 
expenses shall be available for hire of passenger motor vehicles as 
authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5 
U.S.C. 3109; and uniforms or allowances therefore, as authorized by law 
(5 U.S.C. 5901-5902).
    Sec. 203. None of the funds made available by this Act may be used 
to support the hurricane reconnaissance aircraft and activities that 
are under the control of the United States Air Force or the United 
States Air Force Reserve.
    Sec. 204. Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Department of Commerce in 
this Act may be transferred between such appropriations, but no such 
appropriation shall be increased by more than 10 percent by any such 
transfers: Provided, That any transfer pursuant to this section shall 
be treated as a reprogramming of funds under section 605 of this Act 
and shall not be available for obligation or expenditure except in 
compliance with the procedures set forth in that section.
    Sec. 205. Any costs incurred by a department or agency funded under 
this title resulting from personnel actions taken in response to 
funding reductions included in this title or from actions taken for the 
care and protection of loan collateral or grant property shall be 
absorbed within the total budgetary resources available to such 
department or agency: Provided, That the authority to transfer funds 
between appropriations accounts as may be necessary to carry out this 
section is provided in addition to authorities included elsewhere in 
this Act: Provided further, That use of funds to carry out this section 
shall be treated as a reprogramming of funds under section 605 of this 
Act and shall not be available for obligation or expenditure except in 
compliance with the procedures set forth in that section.
    Sec. 206. The Secretary of Commerce may award contracts for 
hydrographic, geodetic, and photogrammetric surveying and mapping 
services in accordance with title IX of the Federal Property and 
Administrative Services Act of 1949 (40 U.S.C. 541 et seq.).
    Sec. 207. The Secretary of Commerce may use the Commerce franchise 
fund for expenses and equipment necessary for the maintenance and 
operation of such administrative services as the Secretary determines 
may be performed more advantageously as central services, pursuant to 
section 403 of Public Law 103-356: Provided, That any inventories, 
equipment, and other assets pertaining to the services to be provided 
by such fund, either on hand or on order, less the related liabilities 
or unpaid obligations, and any appropriations made for the purpose of 
providing capital shall be used to capitalize such fund: Provided 
further, That such fund shall be paid in advance from funds available 
to the Department and other Federal agencies for which such centralized 
services are performed, at rates which will return in full all expenses 
of operation, including accrued leave, depreciation of fund plant and 
equipment, amortization of automated data processing (ADP) software and 
systems (either acquired or donated), and an amount necessary to 
maintain a reasonable operating reserve, as determined by the 
Secretary: Provided further, That such fund shall provide services on a 
competitive basis: Provided further, That an amount not to exceed 4 
percent of the total annual income to such fund may be retained in the 
fund for fiscal year 2002 and each fiscal year thereafter, to remain 
available until expended, to be used for the acquisition of capital 
equipment, and for the improvement and implementation of department 
financial management, ADP, and other support systems: Provided further, 
That such amounts retained in the fund for fiscal year 2002 and each 
fiscal year thereafter shall be available for obligation and 
expenditure only in accordance with section 605 of this Act: Provided 
further, That no later than 30 days after the end of each fiscal year, 
amounts in excess of this reserve limitation shall be deposited as 
miscellaneous receipts in the Treasury: Provided further, That such 
franchise fund pilot program shall terminate pursuant to section 403(f) 
of Public Law 103-356.
    Sec. 208. Notwithstanding any other provision of law, of the 
amounts made available elsewhere in this title to the ``National 
Institute of Standards and Technology, Construction of Research 
Facilities'', $5,000,000 is appropriated to fund a cooperative 
agreement with the Medical University of South Carolina, $6,000,000 is 
appropriated to the Thayer School of Engineering for the 
nanocrystalline materials and biomass research initiative, $3,000,000 
is appropriated to the Institute for Information Infrastructure 
Protection at the Institute for Security Technology Studies, and 
$4,000,000 is appropriated for the Institute for Politics.
    Sec. 209. (a) Notwithstanding any other provision of law, the total 
amount of funds that may be transferred into the ``Working Capital 
Fund'' in fiscal year 2002, or in any fiscal year thereafter, may not 
exceed $117,000,000.
    (b) All transfers of funds, functions, or personnel to or from the 
Working Capital Fund in fiscal year 2002 and any fiscal year thereafter 
shall be subject to section 605, without regard to the amount of the 
reprogramming or the purpose of the funds so reprogrammed.
    (c) Of the amounts available under this section for salaries of the 
staff of the Department of Commerce, the amount obligated for that 
purpose before December 15, 2001, may not exceed $29,250,000.
    (d)(1) Not later than December 15, 2001, the Secretary of Commerce 
shall submit to the Committees on Appropriations of the Senate and 
House of Representatives a report setting forth the proposed 
disbursements from the Working Capital Fund during fiscal year 2002.
    (2) Of the proposed disbursements in the report under paragraph 
(1)--
            (A) not more than $7,000,000 of the proposed disbursements 
        may be for the Commerce Administrative Management System or 
        support for the Commerce Administrative Management System 
        Support Center; and
            (B) none of the proposed disbursements for that System may 
        be from or attributable to the National Oceanic and Atmospheric 
        Administration.
    (3) Disbursements from the Working Capital Fund in fiscal year 2002 
may not be made until 15 days after the date on which the report is 
submitted under paragraph (1).
    (4) Any modification of a proposed disbursement from the Working 
Capital Fund previously specified in the report under paragraph (1) 
shall be treated as a reprogramming of funds to which section 605 
applies, without regard to the amount of the modification or the 
purpose of the disbursement, as so modified.
    (5)(A) If a disbursement from the Working Capital Fund in fiscal 
year 2002 will require any bureau or organization in the Department of 
Commerce to incur costs not previously specified in the report under 
paragraph (1), the disbursement may not be made until 15 days after the 
date on which such bureau or organization submits to the Committees on 
Appropriations of the Senate and House of Representatives a Memorandum 
of Agreement providing for such bureau or organization to incur such 
costs.
    (B) Each Memorandum of Agreement under this paragraph shall specify 
the provision of statute providing authority for the disbursement 
concerned.
    (e) Amounts in the ``Advances and Reimbursements'' account may not 
be used to assess or collect costs or charges against or from any 
bureau or organization of the Department of Commerce unless the costs 
or charges are incurred for a project has been approved as a request 
for reprogramming under section 605.
    (f) The Office of Management and Budget shall issue a quarterly 
Apportionment and Reapportionment Schedule, and a Standard Form 133, 
for the Working Capital Fund and the ``Advances and Reimbursements'' 
account based upon the report required by subsection (d)(1).
    Sec. 210. (a) Notwithstanding section 102 of the Marine Mammal 
Protection Act of 1972, as amended, or section 9 of the Endangered 
Species Act of 1973, the Anchorage Sister Cities Commission of 
Anchorage, Alaska, may export, on a one-time basis, to the Town of 
Whitby, in the care of the Scarborough Borough Council, Whitby, North 
Yorkshire, United Kingdom, two bowhead whale jawbones taken as part of 
a legal subsistence hunt by Native Alaskans and identified in U.S. Fish 
and Wildlife Service, Convention on International Trade of Endangered 
Species, permit 01US037393/9.
    (b) The Anchorage Sister Cities Commission shall notify the 
National Marine Fisheries Service Office of Enforcement 15 days prior 
to shipment to ensure compliance with all applicable export 
requirements.
    This title may be cited as the ``Department of Commerce and Related 
Agencies Appropriations Act, 2002''.

                        TITLE III--THE JUDICIARY

                   Supreme Court of the United States

                         salaries and expenses

    For expenses necessary for the operation of the Supreme Court, as 
required by law, excluding care of the building and grounds, including 
purchase or hire, driving, maintenance, and operation of an automobile 
for the Chief Justice, not to exceed $10,000 for the purpose of 
transporting Associate Justices, and hire of passenger motor vehicles 
as authorized by 31 U.S.C. 1343 and 1344; not to exceed $10,000 for 
official reception and representation expenses; and for miscellaneous 
expenses, to be expended as the Chief Justice may approve, $39,988,000.

                    care of the building and grounds

    For such expenditures as may be necessary to enable the Architect 
of the Capitol to carry out the duties imposed upon the Architect by 
the Act approved May 7, 1934 (40 U.S.C. 13a-13b), $7,530,000, of which 
$4,460,000 shall remain available until expended.

         United States Court of Appeals for the Federal Circuit

                         salaries and expenses

    For salaries of the chief judge, judges, and other officers and 
employees, and for necessary expenses of the court, as authorized by 
law, $19,372,000.

               United States Court of International Trade

                         salaries and expenses

    For salaries of the chief judge and eight judges, salaries of the 
officers and employees of the court, services as authorized by 5 U.S.C. 
3109, and necessary expenses of the court, as authorized by law, 
$13,054,000.

    Courts of Appeals, District Courts, and Other Judicial Services

                         salaries and expenses

    For the salaries of circuit and district judges (including judges 
of the territorial courts of the United States), justices and judges 
retired from office or from regular active service, judges of the 
United States Court of Federal Claims, bankruptcy judges, magistrate 
judges, and all other officers and employees of the Federal Judiciary 
not otherwise specifically provided for, and necessary expenses of the 
courts, as authorized by law, $3,559,012,000 (including the purchase of 
firearms and ammunition); of which not to exceed $27,817,000 shall 
remain available until expended for space alteration projects and for 
furniture and furnishings related to new space alteration and 
construction projects: Provided, That, of the amount made available 
under this heading, $33,000, shall be transferred to, and merged with, 
funds in the ``Salaries and Expenses, United States Marshals Service'' 
appropriations account in title I of the Act, to be available only for 
court operations in Lander, Wyoming.
    In addition, for expenses of the United States Court of Federal 
Claims associated with processing cases under the National Childhood 
Vaccine Injury Act of 1986, not to exceed $2,692,000, to be 
appropriated from the Vaccine Injury Compensation Trust Fund.

                           defender services

    For the operation of Federal Public Defender and Community Defender 
organizations; the compensation and reimbursement of expenses of 
attorneys appointed to represent persons under the Criminal Justice Act 
of 1964, as amended; the compensation and reimbursement of expenses of 
persons furnishing investigative, expert and other services under the 
Criminal Justice Act of 1964 (18 U.S.C. 3006A(e)); the compensation (in 
accordance with Criminal Justice Act maximums) and reimbursement of 
expenses of attorneys appointed to assist the court in criminal cases 
where the defendant has waived representation by counsel; the 
compensation and reimbursement of travel expenses of guardians ad litem 
acting on behalf of financially eligible minor or incompetent offenders 
in connection with transfers from the United States to foreign 
countries with which the United States has a treaty for the execution 
of penal sentences; and the compensation of attorneys appointed to 
represent jurors in civil actions for the protection of their 
employment, as authorized by 28 U.S.C. 1875(d), $463,756,000, of which 
$257,710,000 is for federal defender organizations, to remain available 
until expended.

                    fees of jurors and commissioners

    For fees and expenses of jurors as authorized by 28 U.S.C. 1871 and 
1876; compensation of jury commissioners as authorized by 28 U.S.C. 
1863; and compensation of commissioners appointed in condemnation cases 
pursuant to rule 71A(h) of the Federal Rules of Civil Procedure (28 
U.S.C. Appendix Rule 71A(h)), $50,131,000, to remain available until 
expended: Provided, That the compensation of land commissioners shall 
not exceed the daily equivalent of the highest rate payable under 
section 5332 of title 5, United States Code.

                             court security

    For necessary expenses, not otherwise provided for, incident to the 
procurement, installation, and maintenance of security equipment and 
protective services for the United States Courts in courtrooms and 
adjacent areas, including building ingress-egress control, inspection 
of mail and packages, directed security patrols, and other similar 
activities as authorized by section 1010 of the Judicial Improvement 
and Access to Justice Act (Public Law 100-702), $209,762,000, of which 
not to exceed $10,000,000 shall remain available until expended for 
security systems and contract costs for court security officers, to be 
expended directly or transferred to the United States Marshals Service, 
which shall be responsible for administering the Judicial Facility 
Security Program consistent with standards or guidelines agreed to by 
the Director of the Administrative Office of the United States Courts 
and the Attorney General: Provided, That, of the amount made available 
under this heading, $3,580,000, to remain available until expended, 
shall be transferred to, and merged with, funds in the ``Narrowband 
Communications'' appropriations account in title I of this Act, to be 
administered by the Department of Justice Wireless Management Office 
and to be available only for the conversion to narrowband 
communications and for the operations and maintenance of legacy radio 
systems.

           Administrative Office of the United States Courts

                         salaries and expenses

    For necessary expenses of the Administrative Office of the United 
States Courts as authorized by law, including travel as authorized by 
31 U.S.C. 1345, hire of a passenger motor vehicle as authorized by 31 
U.S.C. 1343(b), advertising and rent in the District of Columbia and 
elsewhere, $58,212,000, of which $3,000,000 shall only be available, by 
grant, for caption training, and of which not to exceed $8,500 is 
authorized for official reception and representation expenses.

                        Federal Judicial Center

                         salaries and expenses

    For necessary expenses of the Federal Judicial Center, as 
authorized by Public Law 90-219, $19,742,000; of which $1,800,000 shall 
remain available through September 30, 2003, to provide education and 
training to Federal court personnel; and of which not to exceed $1,000 
is authorized for official reception and representation expenses.

                       Judicial Retirement Funds

                    payment to judiciary trust funds

    For payment to the Judicial Officers' Retirement Fund, as 
authorized by 28 U.S.C. 377(o), $26,700,000; to the Judicial Survivors' 
Annuities Fund, as authorized by 28 U.S.C. 376(c), $8,400,000; and to 
the United States Court of Federal Claims Judges' Retirement Fund, as 
authorized by 28 U.S.C. 178(l), $1,900,000.

                  United States Sentencing Commission

                         salaries and expenses

    For the salaries and expenses necessary to carry out the provisions 
of chapter 58 of title 28, United States Code, $11,327,000, of which 
not to exceed $1,000 is authorized for official reception and 
representation expenses.

                   General Provisions--The Judiciary

    Sec. 301. Appropriations and authorizations made in this title 
which are available for salaries and expenses shall be available for 
services as authorized by 5 U.S.C. 3109.
    Sec. 302. Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Judiciary in this Act may 
be transferred between such appropriations, but no such appropriation, 
except ``Courts of Appeals, District Courts, and Other Judicial 
Services, Defender Services'' and ``Courts of Appeals, District Courts, 
and Other Judicial Services, Fees of Jurors and Commissioners'', shall 
be increased by more than 10 percent by any such transfers: Provided, 
That any transfer pursuant to this section shall be treated as a 
reprogramming of funds under section 605 of this Act and shall not be 
available for obligation or expenditure except in compliance with the 
procedures set forth in that section.
    Sec. 303. Notwithstanding any other provision of law, the salaries 
and expenses appropriation for district courts, courts of appeals, and 
other judicial services shall be available for official reception and 
representation expenses of the Judicial Conference of the United 
States: Provided, That such available funds shall not exceed $11,000 
and shall be administered by the Director of the Administrative Office 
of the United States Courts in the capacity as Secretary of the 
Judicial Conference.
    Sec. 304. Section 140 of Public Law 97-92 (28 U.S.C. 461 note; 95 
Stat. 1200) shall apply to fiscal year 2002 and each fiscal year 
thereafter.
    Sec. 305. Of the unexpended balances transferred to the Commission 
on Structural Alternatives in Federal Appellate Courts, $400,000 shall 
be transferred to, and merged with, funds in the ``Federal Judicial 
Center, Salaries and Expenses'' appropriations account to be available 
only for distance learning.
    Sec. 306. Pursuant to section 140 of Public Law 97-92, Justices and 
judges of the United States are authorized during fiscal year 2002, to 
receive a salary adjustment in accordance with 28 U.S.C. 461: Provided, 
That $8,625,000 is appropriated for salary adjustments pursuant to this 
section and such funds shall be transferred to and merged with 
appropriations in title III of this Act.
    This title may be cited as this ``Judiciary Appropriations Act, 
2002''.

            TITLE IV--DEPARTMENT OF STATE AND RELATED AGENCY

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs

                    diplomatic and consular programs

    For necessary expenses of the Department of State and the Foreign 
Service not otherwise provided for, including employment, without 
regard to civil service and classification laws, of persons on a 
temporary basis (not to exceed $700,000 of this appropriation), as 
authorized; representation to certain international organizations in 
which the United States participates pursuant to treaties, ratified 
pursuant to the advice and consent of the Senate, or specific Acts of 
Congress; arms control, nonproliferation and disarmament activities as 
authorized; acquisition by exchange or purchase of passenger motor 
vehicles as authorized by law; and for expenses of general 
administration, $3,061,805,000: Provided, That, of the amount made 
available under this heading, not to exceed $4,000,000 may be 
transferred to, and merged with, funds in the ``Emergencies in the 
Diplomatic and Consular Service'' appropriations account, to be 
available only for emergency evacuations and terrorism rewards: 
Provided further, That of the amount made available under this heading, 
$7,800,000 shall be available only to provide language, security, 
leadership and management, and professional training: Provided further, 
That of the amount made available under this heading, $6,000,000 to 
remain available until expended, shall be transferred to, and merged 
with, funds in the ``Narrowband Communications'' appropriations account 
in title I of this Act, to be administered by the Department of Justice 
Wireless Management Office and to be available only for the conversion 
to narrowband communications and for the operations and maintenance of 
legacy radio systems: Provided further, That of the amount made 
available under this heading, $694,190,000 shall be available only for 
information resource management: Provided further, That of the amount 
made available under this heading, $9,000,000 shall be available only 
for the East-West Center: Provided further, That, notwithstanding any 
other provision of law, not to exceed $335,000,000 of offsetting 
collections derived from fees collected under the authority of section 
104(a)(1) of the Foreign Relations Authorization Act, Fiscal Years 1994 
and 1995 (Public Law 103-236) during fiscal year 2002 shall be retained 
and used for authorized expenses in this appropriation and shall remain 
available until expended: Provided further, That any fees received in 
excess of $335,000,000 in fiscal year 2002 shall not be available for 
obligation and shall be returned to the General Fund: Provided further, 
That notwithstanding any other provision of law, a citizen of the 
United States approved by the Department of State to serve as Deputy 
Director General of the World Intellectual Property Organization shall, 
while serving in such position, be deemed an employee in a foreign area 
within the meaning of 5 U.S.C. Section 5923, and qualify for a living 
quarters allowance as authorized by 5 U.S.C. 5923(2): Provided further, 
That a citizen of the United States approved by the Department of State 
to serve as Deputy Director General of the World Intellectual Property 
Organization shall, while serving in such position, be deemed as an 
employee approved for transfer to an international organization within 
the meaning of 5 U.S.C. Section 352, and eligible to continue 
participating in the retirement, health benefit, group life insurance, 
and other benefit programs as provided in that section: Provided 
further, That advances for services authorized by 22 U.S.C. 3620(c) may 
be credited to this account, to remain available until expended for 
such services: Provided further, That no funds may be obligated or 
expended for processing licenses for the export of satellites of United 
States origin (including commercial satellites and satellite 
components) to the People's Republic of China, unless, at least 15 days 
in advance, the Committees on Appropriations of the House of 
Representatives and the Senate are notified of such proposed action: 
Provided further, That of the amounts made available under this 
heading, $5,000,000 shall be available only for the reimbursement costs 
incurred by the State of Hawaii for security expenses relating to the 
May 2001 Asian Development Bank Meeting: Provided further, That of the 
amount made available under this heading, $45,419,000 shall only be 
available to implement the 1999 Pacific Salmon Treaty Agreement, of 
which $20,000,000 shall be deposited in the Northern Boundary and 
Transboundary Rivers Restoration and Enhancement Fund, of which 
$20,000,000 shall be deposited in the Southern Boundary Restoration and 
Enhancement Fund, and of which $5,419,000 shall be for a direct payment 
to the State of Washington for obligations under the 1999 Pacific 
Salmon Treaty Agreement.
    In addition, not to exceed $1,252,000 shall be derived from fees 
collected from other executive agencies for lease or use of facilities 
located at the International Center in accordance with section 4 of the 
International Center Act, as amended; in addition, as authorized by 
section 5 of such Act, $490,000, to be derived from the reserve 
authorized by that section, to be used for the purposes set out in that 
section; in addition, as authorized by section 810 of the United States 
Information and Educational Exchange Act, not to exceed $6,000,000, to 
remain available until expended, may be credited to this appropriation 
from fees or other payments received from English teaching, library, 
motion pictures, and publication programs, and from fees from 
educational advising and counseling, and exchange visitor programs; 
and, in addition, not to exceed $15,000, which shall be derived from 
reimbursements, surcharges, and fees for use of Blair House facilities.
    In addition, for the costs of worldwide security upgrades, 
$409,363,000, to remain available until expended.

                        capital investment fund

    For necessary expenses of the Capital Investment Fund, 
$210,000,000, to remain available until expended, as authorized: 
Provided, That section 135(e) of Public Law 103-236 shall not apply to 
funds available under this heading.

                      office of inspector general

    For necessary expenses of the Office of Inspector General, 
$28,427,000, notwithstanding section 209(a)(1) of the Foreign Service 
Act of 1980, as amended (Public Law 96-465), as it relates to post 
inspections.

               educational and cultural exchange programs

    For expenses of educational and cultural exchange programs, as 
authorized, $242,000,000, to remain available until expended: Provided, 
That not to exceed $800,000, to remain available until expended, may be 
credited to this appropriation from fees or other payments received 
from or in connection with English teaching and educational advising 
and counseling programs as authorized.

                       representation allowances

    For representation allowances as authorized, $9,000,000.

              protection of foreign missions and officials

    For expenses, not otherwise provided, to enable the Secretary of 
State to provide for extraordinary protective services, as authorized, 
$10,000,000, to remain available until September 30, 2003.

            embassy security, construction, and maintenance

    For necessary expenses for carrying out the Foreign Service 
Buildings Act of 1926, as amended (22 U.S.C. 292-300), preserving, 
maintaining, repairing, and planning for, buildings that are owned or 
directly leased by the Department of State, renovating, in addition to 
funds otherwise available, the Main State Building, and carrying out 
the Diplomatic Security Construction Program as authorized, 
$405,391,000, to remain available until expended as authorized, of 
which not to exceed $25,000 may be used for domestic and overseas 
representation as authorized: Provided, That none of the funds 
appropriated in this paragraph shall be available for acquisition of 
furniture and furnishings and generators for other departments and 
agencies.
    In addition, for the costs of worldwide security upgrades, 
acquisition, and construction, $661,560,000, to remain available until 
expended.

           emergencies in the diplomatic and consular service

    For expenses necessary to enable the Secretary of State to meet 
unforeseen emergencies arising in the Diplomatic and Consular Service, 
$5,465,000, to remain available until expended as authorized, of which 
not to exceed $1,000,000 may be transferred to and merged with the 
Repatriation Loans Program Account, subject to the same terms and 
conditions.

                   repatriation loans program account

    For the cost of direct loans, $612,000, as authorized: Provided, 
That such costs, including the cost of modifying such loans, shall be 
as defined in section 502 of the Congressional Budget Act of 1974. In 
addition, for administrative expenses necessary to carry out the direct 
loan program, $607,000, which may be transferred to and merged with the 
Diplomatic and Consular Programs account under Administration of 
Foreign Affairs.

              payment to the american institute in taiwan

    For necessary expenses to carry out the Taiwan Relations Act, 
Public Law 96-8, $17,044,000.

     payment to the foreign service retirement and disability fund

    For payment to the Foreign Service Retirement and Disability Fund, 
as authorized by law, $135,629,000.

              International Organizations and Conferences

              contributions to international organizations

    For expenses, not otherwise provided for, necessary to meet annual 
obligations of membership in international multilateral organizations, 
pursuant to treaties ratified pursuant to the advice and consent of the 
Senate, conventions or specific Acts of Congress, $1,091,348,000: 
Provided, That any payment of arrearages under this title shall be 
directed toward special activities that are mutually agreed upon by the 
United States and the respective international organization: Provided 
further, That none of the funds appropriated in this paragraph shall be 
available for a United States contribution to an international 
organization for the United States share of interest costs made known 
to the United States Government by such organization for loans incurred 
on or after October 1, 1984, through external borrowings: Provided 
further, That funds appropriated under this paragraph may be obligated 
and expended to pay the full United States assessment to the civil 
budget of the North Atlantic Treaty Organization.

        contributions for international peacekeeping activities

    For necessary expenses to pay assessed and other expenses of 
international peacekeeping activities directed to the maintenance or 
restoration of international peace and security, $773,182,000, of which 
15 percent shall remain available until September 30, 2003: Provided, 
That none of the funds made available under this Act shall be obligated 
or expended for any new or expanded United Nations peacekeeping mission 
unless, at least 15 days in advance of voting for the new or expanded 
mission in the United Nations Security Council (or in an emergency, as 
far in advance as is practicable): (1) the Committees on Appropriations 
of the House of Representatives and the Senate and other appropriate 
committees of the Congress are notified of the estimated cost and 
length of the mission, the vital national interest that will be served, 
and the planned exit strategy; and (2) a reprogramming of funds 
pursuant to section 605 of this Act is submitted, and the procedures 
therein followed, setting forth the source of funds that will be used 
to pay for the cost of the new or expanded mission.

                       international commissions

    For necessary expenses, not otherwise provided for, to meet 
obligations of the United States arising under treaties, or specific 
Acts of Congress, as follows:

 international boundary and water commission, united states and mexico

    For necessary expenses for the United States Section of the 
International Boundary and Water Commission, United States and Mexico, 
and to comply with laws applicable to the United States Section, 
including not to exceed $6,000 for representation; as follows:

                         salaries and expenses

    For salaries and expenses, not otherwise provided for, $7,452,000.

                              construction

    For detailed plan preparation and construction of authorized 
projects, $24,154,000, to remain available until expended, as 
authorized.

              american sections, international commissions

    For necessary expenses, not otherwise provided for the 
International Joint Commission and the International Boundary 
Commission, United States and Canada, as authorized by treaties between 
the United States and Canada or Great Britain, and for the Border 
Environment Cooperation Commission as authorized by Public Law 103-182, 
$6,879,000, of which not to exceed $9,000 shall be available for 
representation expenses incurred by the International Joint Commission.

                  international fisheries commissions

    For necessary expenses for international fisheries commissions, not 
otherwise provided for, as authorized by law, $20,780,000: Provided, 
That the United States' share of such expenses may be advanced to the 
respective commissions, pursuant to 31 U.S.C. 3324.

                                 Other

                     payment to the asia foundation

    For a grant to the Asia Foundation, as authorized by section 501 of 
Public Law 101-246, $8,000,000, to remain available until expended, as 
authorized.

           eisenhower exchange fellowship program trust fund

    For necessary expenses of Eisenhower Exchange Fellowships, 
Incorporated, as authorized by sections 4 and 5 of the Eisenhower 
Exchange Fellowship Act of 1990 (20 U.S.C. 5204-5205), all interest and 
earnings accruing to the Eisenhower Exchange Fellowship Program Trust 
Fund on or before September 30, 2002, to remain available until 
expended: Provided, That none of the funds appropriated herein shall be 
used to pay any salary or other compensation, or to enter into any 
contract providing for the payment thereof, in excess of the rate 
authorized by 5 U.S.C. 5376; or for purposes which are not in 
accordance with OMB Circulars A-110 (Uniform Administrative 
Requirements) and A-122 (Cost Principles for Non-profit Organizations), 
including the restrictions on compensation for personal services.

                    israeli arab scholarship program

    For necessary expenses of the Israeli Arab Scholarship Program as 
authorized by section 214 of the Foreign Relations Authorization Act, 
Fiscal Years 1992 and 1993 (22 U.S.C. 2452), all interest and earnings 
accruing to the Israeli Arab Scholarship Fund on or before September 
30, 2002, to remain available until expended.

                            east-west center

    To enable the Secretary of State to provide for carrying out the 
provisions of the Center for Cultural and Technical Interchange Between 
East and West Act of 1960, by grant to the Center for Cultural and 
Technical Interchange Between East and West in the State of Hawaii, 
$14,000,000: Provided, That none of the funds appropriated herein shall 
be used to pay any salary, or enter into any contract providing for the 
payment thereof, in excess of the rate authorized by 5 U.S.C. 5376.

                    national endowment for democracy

    For grants made by the Department of State to the National 
Endowment for Democracy as authorized by the National Endowment for 
Democracy Act, $31,000,000, to remain available until expended.

                             RELATED AGENCY

                    Broadcasting Board of Governors

                 international broadcasting operations

    For expenses necessary to enable the Broadcasting Board of 
Governors, as authorized, to carry out international communication 
activities, $414,752,000, of which not to exceed $16,000 may be used 
for official receptions within the United States as authorized, not to 
exceed $35,000 may be used for representation abroad as authorized, and 
not to exceed $39,000 may be used for official reception and 
representation expenses of Radio Free Europe/Radio Liberty; and in 
addition, notwithstanding any other provision of law, not to exceed 
$2,000,000 in receipts from advertising and revenue from business 
ventures, not to exceed $500,000 in receipts from cooperating 
international organizations, and not to exceed $1,000,000 in receipts 
from privatization efforts of the Voice of America and the 
International Broadcasting Bureau, to remain available until expended 
for carrying out authorized purposes.

                          broadcasting to cuba

    For necessary expenses to enable the Broadcasting Board of 
Governors to carry out broadcasting to Cuba, including the purchase, 
rent, construction, and improvement of facilities for radio and 
television transmission and reception, and purchase and installation of 
necessary equipment for radio and television transmission and 
reception, $24,872,000, to remain available until expended.

                   broadcasting capital improvements

    For the purchase, rent, construction, and improvement of facilities 
for radio transmission and reception, and purchase and installation of 
necessary equipment for radio and television transmission and reception 
as authorized, $16,900,000, to remain available until expended, as 
authorized.

       General Provisions--Department of State and Related Agency

    Sec. 401. Funds appropriated under this title shall be available, 
except as otherwise provided, for allowances and differentials as 
authorized by subchapter 59 of title 5, United States Code; for 
services as authorized by 5 U.S.C. 3109; and hire of passenger 
transportation pursuant to 31 U.S.C. 1343(b).
    Sec. 402. Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Department of State in 
this Act may be transferred between such appropriations, but no such 
appropriation, except as otherwise specifically provided, shall be 
increased by more than 10 percent by any such transfers: Provided, That 
not to exceed 5 percent of any appropriation made available for the 
current fiscal year for the Broadcasting Board of Governors in this Act 
may be transferred between such appropriations, but no such 
appropriation, except as otherwise specifically provided, shall be 
increased by more than 10 percent by any such transfers: Provided 
further, That any transfer pursuant to this section shall be treated as 
a reprogramming of funds under section 605 of this Act and shall not be 
available for obligation or expenditure except in compliance with the 
procedures set forth in that section.
    Sec. 403. None of the funds made available in this Act may be used 
by the Department of State or the Broadcasting Board of Governors to 
provide equipment, technical support, consulting services, or any other 
form of assistance to the Palestinian Broadcasting Corporation.
    Sec. 404. There is hereby enacted into law S. 1084 of the 107th 
Congress (as introduced on June 21, 2001).
    Sec. 405. Hereafter, none of the funds appropriated or otherwise 
made available for the United Nations may be used by the United Nations 
for the promulgation or enforcement of any treaty, resolution, or 
regulation authorizing the United Nations, or any of its specialized 
agencies or affiliated organizations, to tax any aspect of the Internet 
or international currency transactions.
    Sec. 406. None of the funds appropriated or otherwise made 
available by this Act or any other Act for fiscal year 2002 or any 
fiscal year thereafter may be obligated or expended for the operation 
of a United States consulate or diplomatic facility in Jerusalem unless 
such consulate or diplomatic facility is under the supervision of the 
United States Ambassador to Israel.
    Sec. 407. None of the funds appropriated or otherwise made 
available by this Act or any other Act for fiscal year 2002 or any 
fiscal year thereafter may be obligated or expended for 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. 408. For the purposes of registration of birth, certification 
of nationality, or issuance of a passport of a United States citizen 
born in the city of Jerusalem, the Secretary of State shall, upon 
request of the citizen, record the place of birth as Israel.
    This title may be cited as the ``Department of State and Related 
Agency Appropriations Act, 2002''.

                       TITLE V--RELATED AGENCIES

                      DEPARTMENT OF TRANSPORTATION

                        Maritime Administration

                       maritime security program

    For necessary expenses to maintain and preserve a U.S.-flag 
merchant fleet to serve the national security needs of the United 
States, $98,700,000, to remain available until expended.

                        operations and training

    For necessary expenses of operations and training activities 
authorized by law, $89,054,000, of which $13,000,000 shall remain 
available until expended for capital improvements at the U.S. Merchant 
Marine Academy.

          maritime guaranteed loan (title xi) program account

    For the cost of guaranteed loans, as authorized by the Merchant 
Marine Act, 1936, $100,000,000, to remain available until expended: 
Provided, That such costs, including the cost of modifying such loans, 
shall be as defined in section 502 of the Congressional Budget Act of 
1974, as amended.
    In addition, for administrative expenses to carry out the 
guaranteed loan program, not to exceed $3,978,000, which shall be 
transferred to and merged with the appropriation for Operations and 
Training.

           administrative provisions--maritime administration

    Notwithstanding any other provision of this Act, the Maritime 
Administration is authorized to furnish utilities and services and make 
necessary repairs in connection with any lease, contract, or occupancy 
involving Government property under control of the Maritime 
Administration, and payments received therefore shall be credited to 
the appropriation charged with the cost thereof: Provided, That rental 
payments under any such lease, contract, or occupancy for items other 
than such utilities, services, or repairs shall be covered into the 
Treasury as miscellaneous receipts.
    No obligations shall be incurred during the current fiscal year 
from the construction fund established by the Merchant Marine Act, 
1936, or otherwise, in excess of the appropriations and limitations 
contained in this Act or in any prior appropriation Act.

      Commission for the Preservation of America's Heritage Abroad

                         salaries and expenses

    For expenses for the Commission for the Preservation of America's 
Heritage Abroad, $489,000, as authorized by section 1303 of Public Law 
99-83.

                       Commission on Civil Rights

                         salaries and expenses

    For necessary expenses of the Commission on Civil Rights, including 
hire of passenger motor vehicles, $9,096,000: Provided, That not to 
exceed $50,000 may be used to employ consultants: Provided further, 
That none of the funds appropriated in this paragraph shall be used to 
employ in excess of four full-time individuals under Schedule C of the 
Excepted Service exclusive of one special assistant for each 
Commissioner: Provided further, That none of the funds appropriated in 
this paragraph shall be used to reimburse Commissioners for more than 
75 billable days, with the exception of the chairperson, who is 
permitted 125 billable days.

                       Commission on Ocean Policy

                         salaries and expenses

    For the necessary expenses of the Commission on Ocean Policy, 
pursuant to Public Law 106-256, $2,500,000, to remain available until 
expended: Provided, That the Commission shall present to the Congress 
within 18 months of appointment its recommendations for a national 
ocean policy.

            Commission on Security and Cooperation In Europe

                         salaries and expenses

    For necessary expenses of the Commission on Security and 
Cooperation in Europe, as authorized by Public Law 94-304, $1,432,000, 
to remain available until expended as authorized by section 3 of Public 
Law 99-7.

  Congressional-Executive Commission on the People's Republic of China

                         salaries and expenses

    For necessary expenses of the Congressional-Executive Commission on 
the People's Republic of China, as authorized, $500,000, to remain 
available until expended.

                Equal Employment Opportunity Commission

                         salaries and expenses

    For necessary expenses of the Equal Employment Opportunity 
Commission as authorized by title VII of the Civil Rights Act of 1964, 
as amended (29 U.S.C. 206(d) and 621-634), the Americans with 
Disabilities Act of 1990, and the Civil Rights Act of 1991, including 
services as authorized by 5 U.S.C. 3109; hire of passenger motor 
vehicles as authorized by 31 U.S.C. 1343(b); non-monetary awards to 
private citizens; and not to exceed $33,000,000 for payments to State 
and local enforcement agencies for services to the Commission pursuant 
to title VII of the Civil Rights Act of 1964, as amended, sections 6 
and 14 of the Age Discrimination in Employment Act, the Americans with 
Disabilities Act of 1990, and the Civil Rights Act of 1991, 
$310,406,000: Provided, That the Commission is authorized to make 
available for official reception and representation expenses not to 
exceed $2,500 from available funds.

                   Federal Communications Commission

                         salaries and expenses

    For necessary expenses of the Federal Communications Commission, as 
authorized by law, including uniforms and allowances therefor, as 
authorized by 5 U.S.C. 5901-5902; not to exceed $600,000 for land and 
structure; not to exceed $500,000 for improvement and care of grounds 
and repair to buildings; not to exceed $4,000 for official reception 
and representation expenses; purchase (not to exceed 16) and hire of 
motor vehicles; special counsel fees; and services as authorized by 5 
U.S.C. 3109, $252,545,000, of which not to exceed $300,000 shall remain 
available until September 30, 2003, for research and policy studies: 
Provided, That $218,757,000 of offsetting collections shall be assessed 
and collected pursuant to section 9 of title I of the Communications 
Act of 1934, as amended, and shall be retained and used for necessary 
expenses in this appropriation, and shall remain available until 
expended: Provided further, That the sum herein appropriated shall be 
reduced as such offsetting collections are received during fiscal year 
2002 so as to result in a final fiscal year 2002 appropriation 
estimated at $29,788,000: Provided further, That any offsetting 
collections received in excess of $218,757,000 in fiscal year 2002 
shall remain available until expended, but shall not be available for 
obligation until October 1, 2002.

                      Federal Maritime Commission

                         salaries and expenses

    For necessary expenses of the Federal Maritime Commission as 
authorized by section 201(d) of the Merchant Marine Act, 1936, as 
amended (46 U.S.C. App. 1111), including services as authorized by 5 
U.S.C. 3109; hire of passenger motor vehicles as authorized by 31 
U.S.C. 1343(b); and uniforms or allowances therefor, as authorized by 5 
U.S.C. 5901-5902, $17,450,000: Provided, That not to exceed $2,000 
shall be available for official reception and representation expenses.

                        Federal Trade Commission

                         salaries and expenses

    For necessary expenses of the Federal Trade Commission, including 
uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902; 
services as authorized by 5 U.S.C. 3109; hire of passenger motor 
vehicles; not to exceed $2,000 for official reception and 
representation expenses, $156,270,000: Provided, That not to exceed 
$300,000 shall be available for use to contract with a person or 
persons for collection services in accordance with the terms of 31 
U.S.C. 3718, as amended: Provided further, That, notwithstanding any 
other provision of law, not to exceed $156,270,000 of offsetting 
collections derived from fees collected for premerger notification 
filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 
(15 U.S.C. 18a), regardless of the year of collection, shall be 
retained and used for necessary expenses in this appropriation, and 
shall remain available until expended: Provided further, That the sum 
herein appropriated from the general fund shall be reduced as such 
offsetting collections are received during fiscal year 2002, so as to 
result in a final fiscal year 2002 appropriation from the general fund 
estimated at not more than $0, to remain available until expended: 
Provided further, That none of the funds made available to the Federal 
Trade Commission shall be available for obligation for expenses 
authorized by section 151 of the Federal Deposit Insurance Corporation 
Improvement Act of 1991 (Public Law 102-242; 105 Stat. 2282-2285).

                       Legal Services Corporation

               payment to the legal services corporation

    For payment to the Legal Services Corporation to carry out the 
purposes of the Legal Services Corporation Act of 1974, as amended, 
$329,300,000, of which $310,000,000 is for basic field programs and 
required independent audits; $2,500,000 is for the Office of Inspector 
General, of which such amounts as may be necessary may be used to 
conduct additional audits of recipients; $12,400,000 is for management 
and administration and $4,400,000 is for client self-help and 
information technology: Provided, That none of such funds for 
management and administration shall be obligated or expended for any 
program that is in addition to, or expanded from, the programs funded 
under this heading for fiscal year 2001, unless the Legal Services 
Corporation prepares a spending plan for such funds, and notifies the 
Committees on Appropriations of the House of Representatives and the 
Senate concerning the contents of the spending plan.

          administrative provision--legal services corporation

    None of the funds appropriated in this Act to the Legal Services 
Corporation shall be expended for any purpose prohibited or limited by, 
or contrary to any of the provisions of, sections 501, 502, 503, 504, 
505, and 506 of Public Law 105-119, and all funds appropriated in this 
Act to the Legal Services Corporation shall be subject to the same 
terms and conditions set forth in such sections, except that all 
references in sections 502 and 503 to 1997 and 1998 shall be deemed to 
refer instead to 2001 and 2002, respectively.

                        Marine Mammal Commission

                         salaries and expenses

    For necessary expenses of the Marine Mammal Commission as 
authorized by title II of Public Law 92-522, as amended, $1,957,000.

           National Veterans Business Development Corporation

    For necessary expenses of the National Veterans Business 
Development Corporation as authorized under section 33(a) of the Small 
Business Act, as amended, $4,000,000.

                   Securities and Exchange Commission

                         salaries and expenses

    For necessary expenses for the Securities and Exchange Commission, 
including services as authorized by 5 U.S.C. 3109, the rental of space 
(to include multiple year leases) in the District of Columbia and 
elsewhere, and not to exceed $3,000 for official reception and 
representation expenses, $109,500,000 from fees collected in fiscal 
year 2002 to remain available until expended, and from fees collected 
in fiscal year 2000, $404,547,000 to remain available until expended; 
of which not to exceed $10,000 may be used toward funding a permanent 
secretariat for the International Organization of Securities 
Commissions; and of which not to exceed $100,000 shall be available for 
expenses for consultations and meetings hosted by the Commission with 
foreign governmental and other regulatory officials, members of their 
delegations, appropriate representatives and staff to exchange views 
concerning developments relating to securities matters, development and 
implementation of cooperation agreements concerning securities matters 
and provision of technical assistance for the development of foreign 
securities markets, such expenses to include necessary logistic and 
administrative expenses and the expenses of Commission staff and 
foreign invitees in attendance at such consultations and meetings 
including: (1) such incidental expenses as meals taken in the course of 
such attendance; (2) any travel and transportation to or from such 
meetings; and (3) any other related lodging or subsistence: Provided, 
That fees and charges authorized by sections 6(b)(4) of the Securities 
Act of 1933 (15 U.S.C. 77f(b)(4)) and 31(d) of the Securities Exchange 
Act of 1934 (15 U.S.C. 78ee(d)) shall be credited to this account as 
offsetting collections: Provided further, That fees collected as 
authorized by section 31 of the Securities Exchange Act of 1934 (15 
U.S.C. 78ee) for sales transacted on, and with respect to securities 
registered solely on, an exchange that is initially granted 
registration as a national securities exchange after February 24, 2000 
shall be credited to this account as offsetting collections: Provided 
further, That for purposes of collections under section 31, a security 
shall not be deemed registered on a national securities exchange solely 
because that national securities exchange continues or extends unlisted 
trading privileges to that security.

                     Small Business Administration

                         salaries and expenses

    For necessary expenses, not otherwise provided for, of the Small 
Business Administration as authorized by Public Law 105-135, including 
hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and 
1344, and not to exceed $3,500 for official reception and 
representation expenses, $333,233,000: Provided, That the Administrator 
is authorized to charge fees to cover the cost of publications 
developed by the Small Business Administration, and certain loan 
servicing activities: Provided further, That, notwithstanding 31 U.S.C. 
3302, revenues received from all such activities shall be credited to 
this account, to be available for carrying out these purposes without 
further appropriations: Provided further, That $88,000,000 shall be 
available to fund grants for performance in fiscal year 2002 or fiscal 
year 2003 as authorized by section 21 of the Small Business Act, as 
amended: Provided further, That $13,700,000 shall be available in 
fiscal year 2002 to fund grants authorized by section 29 of the Small 
Business Act.

                      office of inspector general

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended (5 U.S.C. App.), $11,000,000.

                     business loans program account

    For the cost of direct loans, $1,860,000, to be available until 
expended; and for the cost of guaranteed loans, $93,500,000, as 
authorized by 15 U.S.C. 631 note, of which $45,000,000 shall remain 
available until September 30, 2003: Provided, That such costs, 
including the cost of modifying such loans, shall be as defined in 
section 502 of the Congressional Budget Act of 1974, as amended: 
Provided further, That during fiscal year 2002, commitments to 
guarantee loans under section 503 of the Small Business Investment Act 
of 1958, as amended, shall not exceed $4,500,000,000, as provided under 
section 20(h)(1)(B)(ii) of the Small Business Act: Provided further, 
That during fiscal year 2002, commitments for general business loans 
authorized under section 7(a) of the Small Business Act, as amended, 
shall not exceed $10,000,000,000 without prior notification of the 
Committees on Appropriations of the House of Representatives and Senate 
in accordance with section 605 of this Act: Provided further, That 
during fiscal year 2002, commitments to guarantee loans for debentures 
and participating securities under section 303(b) of the Small Business 
Investment Act of 1958, as amended, shall not exceed the levels 
established by section 20(h)(1)(C) of the Small Business Act.
    In addition, for administrative expenses to carry out the direct 
and guaranteed loan programs, $129,000,000, which may be transferred to 
and merged with the appropriations for Salaries and Expenses.

                     disaster loans program account

    For the cost of direct loans authorized by section 7(b) of the 
Small Business Act, as amended, $79,510,000, to remain available until 
expended: Provided, That such costs, including the cost of modifying 
such loans, shall be as defined in section 502 of the Congressional 
Budget Act of 1974, as amended.
    In addition, for administrative expenses to carry out the direct 
loan program, $125,354,000, which may be transferred to and merged with 
appropriations for Salaries and Expenses, of which $500,000 is for the 
Office of Inspector General of the Small Business Administration for 
audits and reviews of disaster loans and the disaster loan program and 
shall be transferred to and merged with appropriations for the Office 
of Inspector General; of which $115,000,000 is for direct 
administrative expenses of loan making and servicing to carry out the 
direct loan program; and of which $9,854,000 is for indirect 
administrative expenses: Provided, That any amount in excess of 
$9,854,000 to be transferred to and merged with appropriations for 
Salaries and Expenses for indirect administrative expenses shall be 
treated as a reprogramming of funds under section 605 of this Act and 
shall not be available for obligation or expenditure except in 
compliance with the procedures set forth in that section.

        administrative provision--small business administration

    Not to exceed 5 percent of any appropriation made available for the 
current fiscal year for the Small Business Administration in this Act 
may be transferred between such appropriations, but no such 
appropriation shall be increased by more than 10 percent by any such 
transfers: Provided, That any transfer pursuant to this paragraph shall 
be treated as a reprogramming of funds under section 605 of this Act 
and shall not be available for obligation or expenditure except in 
compliance with the procedures set forth in that section.

                        State Justice Institute

                         salaries and expenses

    For necessary expenses of the State Justice Institute, as 
authorized by the State Justice Institute Authorization Act of 1992 
(Public Law 102-572; 106 Stat. 4515-4516), $6,225,000, to remain 
available until expended: Provided, That not to exceed $2,500 shall be 
available for official reception and representation expenses.

              United States-Canada Alaska Rail Commission

                         salaries and expenses

    For necessary expenses of the ``United States-Canada Alaska Rail 
Commission'', as authorized by Title III of Public Law 106-520, 
$4,000,000, to remain available until expended.

                      TITLE VI--GENERAL PROVISIONS

    Sec. 601. No part of any appropriation contained in this Act shall 
be used for publicity or propaganda purposes not authorized by the 
Congress.
    Sec. 602. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 603. The expenditure of any appropriation under this Act for 
any consulting service through procurement contract, pursuant to 5 
U.S.C. 3109, shall be limited to those contracts where such 
expenditures are a matter of public record and available for public 
inspection, except where otherwise provided under existing law, or 
under existing Executive order issued pursuant to existing law.
    Sec. 604. (a) The caption for section 504 of title 28, United 
States Code, is amended by replacing ``Attorney'' with ``Attorneys''.
    (b) Section 504 of title 28, United States Code, is amended by 
inserting after ``General'' the following, ``and a Deputy Attorney 
General for Combating Domestic Terrorism''.
    (c) There is established within the Department of Justice the 
position of Deputy Attorney General for Combating Domestic Terrorism, 
who shall be appointed by the President, by and with the advice and 
consent of the Senate.
    (d) Subject to the authority of the Attorney General, the Deputy 
Attorney General for Combating Domestic Terrorism shall serve as the 
principal advisor to the Attorney General on, and, with the Deputy 
Director of the Federal Emergency Management Agency, serve as one of 
two key government officials responsible for domestic counterterrorism 
and antiterrorism policy.
    (e) The Deputy Attorney General for Combating Terrorism together 
with the Deputy Director of the Federal Emergency Management Agency 
shall coordinate all functions of the Federal Government related to 
domestic counterterrorism and antiterrorism activities, including--
            (1) the development of a National Strategy for Combating 
        Domestic Terrorism that shall establish national policies, 
        objectives, and priorities for preventing, preparing for, and 
        responding to domestic terrorism within the United States;
            (2) the coordination of the implementation of the National 
        Strategy for Combating Domestic Terrorism by the departments 
        and agencies of the Federal Government and by State and local 
        entities with responsibilities for combating domestic 
        terrorism; and
            (3) the recommendation of changes in the organization and 
        management of Federal departments and agencies and State and 
        local entities engaged in combating domestic terrorism to the 
        Congress, the President, the Vice President, the Attorney 
        General, and the Director of the Federal Emergency Management 
        Agency.
    (f) Subject to the authority of the Attorney General, the Deputy 
Attorney General for Combating Domestic Terrorism shall be responsible 
for State and local preparedness for weapons of mass destruction, 
security classifications and clearances within the Department of 
Justice, and contingency operations within the Department of Justice.
    (g) For necessary expenses of the Office of the Deputy Attorney 
General for Combating Domestic Terrorism, $23,000,000, to remain 
available until expended.
    (h) Notwithstanding any other provision of law, all authorities, 
liabilities, funding, personnel, equipment, and real property 
associated with the Office of State and Local Domestic Preparedness 
Support, the National Domestic Preparedness Office, the Executive 
Office of National Security, and such components which relate to 
domestic counterterrorism and antiterrorism activities in the Office of 
Intelligence Policy and Review as are appropriate shall be transferred 
to the Deputy Attorney General for Combating Domestic Terrorism not 
later than 90 days after enactment of this Act.
    Sec. 605. (a) None of the funds provided under this Act, or 
provided under previous appropriations Acts to the agencies funded by 
this Act that remain available for obligation or expenditure in fiscal 
year 2002, or provided from any accounts in the Treasury of the United 
States derived by the collection of fees available to the agencies 
funded by this Act, shall be available for obligation or expenditure 
through a reprogramming of funds which: (1) creates new programs; (2) 
eliminates a program, project, or activity; (3) increases funds or 
personnel by any means for any project or activity for which funds have 
been denied or restricted; (4) relocates an office or employees; (5) 
reorganizes offices, programs, or activities; or (6) contracts out or 
privatizes any functions, or activities presently performed by Federal 
employees; unless the Appropriations Committees of both Houses of 
Congress are notified 15 days in advance of such reprogramming of 
funds.
    (b) None of the funds provided under this Act, or provided under 
previous appropriations Acts to the agencies funded by this Act that 
remain available for obligation or expenditure in fiscal year 2002, or 
provided from any accounts in the Treasury of the United States derived 
by the collection of fees available to the agencies funded by this Act, 
shall be available for obligation or expenditure for activities, 
programs, or projects through a reprogramming of funds in excess of 
$500,000 or 10 percent, whichever is less, that: (1) augments existing 
programs, projects, or activities; (2) reduces by 10 percent funding 
for any existing program, project, or activity, or numbers of personnel 
by 10 percent as approved by Congress; or (3) results from any general 
savings from a reduction in personnel which would result in a change in 
existing programs, activities, or projects as approved by Congress; 
unless the Appropriations Committees of both Houses of Congress are 
notified 15 days in advance of such reprogramming of funds.
    Sec. 606. Section 286(d) of Public Law 82-414, as amended, is 
further amended--
            (1) in subsection (d), by striking ``$6'' and inserting 
        ``$6.50''; and
            (2) in subsection (h), by adding at the end the following 
        new paragraph:
            ``(3) Not less than nine percent of the total amounts 
        deposited under this subsection in a fiscal year shall be 
        available only to automate or otherwise improve the speed, 
        accuracy, or security of the inspection process.''.
    Sec. 607. None of the funds made available in this Act may be used 
for the construction, repair (other than emergency repair), overhaul, 
conversion, or modernization of vessels for the National Oceanic and 
Atmospheric Administration in shipyards located outside of the United 
States.
    Sec. 608. Section 140 of Public Law 97-92 (28 U.S.C. 461 note; 95 
Stat. 1200) is amended by adding at the end the following: ``This 
section shall apply to fiscal year 1981 and each fiscal year 
thereafter.''.
    Sec. 609. None of the funds made available in this Act may be used 
to implement, administer, or enforce any guidelines of the Equal 
Employment Opportunity Commission covering harassment based on 
religion, when such guidelines do not differ in any respect from the 
proposed guidelines published by the Commission on October 1, 1993 (58 
Fed. Reg. 51266).
    Sec. 610. None of the funds made available by this Act may be used 
for any United Nations undertaking when: (1) the United Nations 
undertaking is a peacekeeping mission; (2) such undertaking will 
involve United States Armed Forces under the command or operational 
control of a foreign national; and (3) the President's military 
advisors have not submitted to the President a recommendation that such 
involvement is in the national security interests of the United States 
and the President has not submitted to the Congress such a 
recommendation.
    Sec. 611. (a) None of the funds appropriated or otherwise made 
available by this Act shall be expended for any purpose for which 
appropriations are prohibited by section 609 of the Departments of 
Commerce, Justice, and State, the Judiciary, and Related Agencies 
Appropriations Act, 1999.
    (b) The requirements in subparagraphs (A) and (B) of section 609 of 
that Act shall continue to apply during fiscal year 2002.
    Sec. 612. Hereafter, none of the funds appropriated or otherwise 
made available to the Bureau of Prisons shall be used to provide the 
following amenities or personal comforts in the Federal prison system--
            (1) in-cell television viewing except for prisoners who are 
        segregated from the general prison population for their own 
        safety;
            (2) the viewing of R, X, and NC-17 rated movies, through 
        whatever medium presented;
            (3) any instruction (live or through broadcasts) or 
        training equipment for boxing, wrestling, judo, karate, or 
        other martial art, or any bodybuilding or weightlifting 
        equipment of any sort;
            (4) possession of in-cell coffee pots, hot plates or 
        heating elements; or
            (5) the use or possession of any electric or electronic 
        musical instrument.
    Sec. 613. Any costs incurred by a department or agency funded under 
this Act resulting from personnel actions taken in response to funding 
reductions included in this Act shall be absorbed within the total 
budgetary resources available to such department or agency: Provided, 
That the authority to transfer funds between appropriations accounts as 
may be necessary to carry out this section is provided in addition to 
authorities included elsewhere in this Act: Provided further, That use 
of funds to carry out this section shall be treated as a reprogramming 
of funds under section 605 of this Act and shall not be available for 
obligation or expenditure except in compliance with the procedures set 
forth in that section.
    Sec. 614. Hereafter, none of the funds appropriated or otherwise 
made available to the Federal Bureau of Prisons may be used to 
distribute or make available any commercially published information or 
material to a prisoner when such information or material is sexually 
explicit or features nudity.
    Sec. 615. (a) None of the funds appropriated or otherwise made 
available by this Act shall be expended for any purpose for which 
appropriations are prohibited by section 616 of the Departments of 
Commerce, Justice, and State, the Judiciary, and Related Agencies 
Appropriations Act, 1999, as amended.
    (b) The requirements in subsections (b) and (c) of section 616 of 
that Act shall continue to apply during fiscal year 2002.
    Sec. 616. None of the funds appropriated pursuant to this Act or 
any other provision of law may be used for: (1) the implementation of 
any tax or fee in connection with the implementation of 18 U.S.C. 
922(t); and (2) any system to implement 18 U.S.C. 922(t) that does not 
require and result in the destruction of any identifying information 
submitted by or on behalf of any person who has been determined not to 
be prohibited from owning a firearm.
    Sec. 617. Notwithstanding any other provision of law, amounts 
deposited or available in the Fund established under 42 U.S.C. 10601 in 
any fiscal year in excess of $576,462,000 shall not be available for 
obligation until the following fiscal year.
    Sec. 618. Hereafter, none of the funds appropriated or otherwise 
made available to the Department of State and the Department of Justice 
shall be available for the purpose of granting either immigrant or 
nonimmigrant visas, or both, consistent with the Secretary's 
determination under section 243(d) of the Immigration and Nationality 
Act, to citizens, subjects, nationals, or residents of countries that 
the Attorney General has determined deny or unreasonably delay 
accepting the return of citizens, subjects, nationals, or residents 
under that section.
    Sec. 619. None of the funds made available to the Department of 
Justice in this Act may be used for the purpose of transporting an 
individual who is a prisoner pursuant to conviction for crime under 
State or Federal law and is classified as a maximum or high security 
prisoner, other than to a prison or other facility certified by the 
Federal Bureau of Prisons as appropriately secure for housing such a 
prisoner.
    Sec. 620. Section 504(a)(16) of the Commerce, Justice, and State, 
the Judiciary, and Related Agencies Appropriations Act, 1996 (110 Stat. 
1321-55; Public Law 104-134) is amended by striking beginning with ``, 
except that'' through ``representation''.
    Sec. 621. The requirements of section 312(a)(3) of the Magnuson-
Stevens Fishery Conservation and Management Act shall not apply to 
funds made available by section 2201 of Public Law 106-246.
    Sec. 622. (a) Section 203(i) of the Act entitled ``An Act to 
approve a governing international agreement between the United States 
and the Republic of Poland, and for other purposes'', approved November 
13, 1998, is amended by striking ``2001'' and inserting ``2006''.
    (b) Section 203 of such Act, as amended by subsection (a), is 
further amended by adding at the end the following:
    ``(j) Not later than December 31, 2001, and every 2 years 
thereafter, the Pacific State Marine Fisheries Commission shall submit 
to the Committee on Commerce, Science, and Transportation of the Senate 
and the Committee on Resources of the House of Representatives a report 
on the health and management of the Dungeness Crab fishery located off 
the coasts of the States of Washington, Oregon, and California.''.
    Sec. 623. None of the funds made available in this Act may be used 
by the Department of Justice or the Department of State to file a 
motion in any court opposing a civil action against any Japanese person 
or corporation for compensation or reparations in which the plaintiff 
alleges that, as an American prisoner of war during World War II, he or 
she was used as slave or forced labor.
    Sec. 624. None of the funds appropriated or otherwise made 
available by this Act shall be available for cooperation with, or 
assistance or other support to, the International Criminal Court or the 
Preparatory Commission. This subsection shall not be construed to apply 
to any other entity outside the Rome treaty.
    Sec. 625. Prohibition on Sale of Disaster Loans. Notwithstanding 
any other provision of law, no amount made available under this Act may 
be used to sell any disaster loan authorized by section 7(b) of the 
Small Business Act (15 U.S.C. 636(b)) to any private company or other 
entity.
    Sec. 626. Sense of the Senate Regarding the Republic of Korea's 
Improper Bailout of Hynix Semiconductor. (a) Findings.--Congress finds 
that--
            (1) the Government of the Republic of Korea over many years 
        has supplied aid to the Korean semiconductor industry enabling 
        that industry to be the Republic of Korea's leading exporter;
            (2) this assistance has occurred through a coordinated 
        series of government programs and policies, consisting of 
        preferential access to credit, low-interest loans, government 
        grants, preferential tax programs, government inducement of 
        private sector loans, tariff reductions, and other measures;
            (3) in December 1997, the United States, the International 
        Monetary Fund (IMF), other foreign government entities, and a 
        group of international financial institutions assembled an 
        unprecedented $58,000,000,000 financial package to prevent the 
        Korean economy from declaring bankruptcy;
            (4) as part of that rescue package, the Republic of Korea 
        agreed to put an end to corporate cronyism, and to overhaul the 
        banking and financial sectors;
            (5) Korea also pledged to permit and require banks to run 
        on market principles, to allow and enable bankruptcies and 
        workouts to occur rather than bailouts, and to end subsidies;
            (6) the Republic of Korea agreed to all of these provisions 
        in the Stand-by Arrangement with the IMF dated December 3, 
        1997;
            (7) section 602 of the Foreign Operations, Export 
        Financing, and Related Agencies Appropriations Act, 1999, as 
        enacted by section 101(d) of division A of the Omnibus 
        Consolidated and Emergency Supplemental Appropriations Act 
        (Public Law 105-277; 112 Stat. 2681-220) specified that the 
        United States would not authorize further IMF payments to Korea 
        unless the Secretary of the Treasury certified that the 
        provisions of the IMF Standby Arrangement were adhered to;
            (8) the Secretary of the Treasury certified to Congress on 
        December 11, 1998, April 5, 1999, and July 2, 1999, that the 
        Stand-by Arrangement was being adhered to, and assured Congress 
        that consultations had been held with the Government of the 
        Republic of Korea in connection with the certifications;
            (9) the Republic of Korea has acceded to the World Trade 
        Organization, and to the Agreement on Subsidies and 
        Countervailing Measures (as defined in section 101(d)(12) of 
        the Uruguay Round Agreements Act);
            10) the Agreement on Subsidies and Countervailing Measures 
        specifically prohibits export subsidies, and makes actionable 
        other subsidies bestowed upon a specific enterprise that causes 
        adverse effects;
            (11) Hynix Semiconductor is a major exporter of 
        semiconductor products from the Republic of Korea to the United 
        States; and
            (12) the Republic of Korea has now engaged in a massive 
        $5,000,000,000 bailout of Hynix Semiconductor which contravenes 
        the commitments the Government of the Republic of Korea made to 
        the IMF, the World Trade Organization and in other agreements, 
        and the understandings and certifications made to Congress 
        under the Omnibus Consolidated and Emergency Supplemental 
        Appropriations Act, 1999.
    (b) Sense of the Senate.--It is the sense of the Senate that--
            (1) the Secretary of the Treasury, the Secretary of 
        Commerce, and the United States Trade Representative should 
        forthwith request consultations with the Republic of Korea 
        under Article 4 and Article 7 of the Agreement on Subsidies and 
        Countervailing Measures of the World Trade Organization, and 
        take immediately such other actions as are necessary to assure 
        that the improper bailout by the Republic of Korea is stopped, 
        and its effects fully offset or reversed;
            (2) the relationship between the United States and the 
        Republic of Korea has been and will continue to be harmed 
        significantly by the bailout of a major exporter of products 
        from Korea to the United States;
            (3) the Republic of Korea should end immediately the 
        bailout of Hynix Semiconductor;
            (4) the Republic of Korea should comply immediately with 
        its commitments to the IMF, with its trade agreements, and with 
        the assurances it made to the Secretary of the Treasury; and
            (5) the United States Trade Representative and the 
        Secretary of Commerce should monitor and report to Congress on 
        steps that have been taken to end this bailout and reverse its 
        effects.
    Sec. 627. Notwithstanding any other provision of law, no amount 
made available under this Act may be used to sell any disaster loan 
authorized by section 7(b) of the Small Business Act (15 U.S.C. 636(b)) 
to any private company or other entity.
    Sec. 628. No funds appropriated by this Act may be used by Federal 
prisons to purchase cable television services, to rent or purchase 
videocassettes, videocassette recorders, or other audiovisual or 
electronic equipment used primarily for recreational purposes. The 
preceding sentence does not preclude the renting, maintenance, or 
purchase of audiovisual or electronic equipment for inmate training, 
religious, or educational programs.
    Sec. 629. Section 2002 of the Victims of Trafficking and Violence 
Protection Act of 2000 (Public Law 106-386; 114 Stat. 1542) is 
amended--
            (1) in subsection (a)(2)(A)--
                    (A) by striking ``or'' at the end of clause (i);
                    (B) in clause (ii)--
                            (i) by striking ``February 17, 1999,'' and 
                        inserting ``May 17, 1996, May 7, 1997, February 
                        17, 1999, December 15, 1999,'';
                            (ii) by inserting ``October 22, 1999,'' 
                        after ``February 17, 1999,''; and
                            (iii) by striking the semicolon at the end 
                        and inserting ``; or''; and
                    (C) by adding at the end the following new clause:
                            ``(iii) a member of the plaintiff class in 
                        Case Number 1:00CV03110(ESG) in the United 
                        States District Court for the District of 
                        Columbia;''; and
            (2) in subsection (b)(2)--
                    (A) by redesignating subparagraphs (A) and (B) as 
                clauses (i) and (ii), respectively;
                    (B) by inserting ``(A)'' before ``For purposes'' 
                and
                    (C) by adding at the end the following:
            ``(B) For any judgment rendered in Case Number 
        1:00CV03110(ESG) in the United States District Court for the 
        District of Columbia, in addition to the amounts available 
        under subsection (a), the Secretary of the Treasury shall make 
        such further payment as necessary to satisfy the judgment by--
                    ``(i) liquidating those assets without third party 
                interest of those countries designated as state 
                sponsors of terrorism, under section 40(d) of the Arms 
                Control Act or section 6(i) of the Export 
                Administration Act of 1979, held or blocked by the 
                United States; and
                    ``(ii) in the event the judgment remains not fully 
                satisfied after such liquidation, using any other 
                available means collect from Iran, with one-third of 
                any amount collected by these other means to be 
                remitted to the Treasury of the United States.''.
    Sec. 630. Clause (ii) of section 621(5)(A) of the Communications 
Satellite Act of 1962 (47 U.S.C. 763(5)(A)) is amended by striking ``on 
or about October 1, 2000,'' and all that follows through the end and 
inserting ``not later than December 31, 2001, except that the 
Commission may extend this deadline to not later than June 30, 2003.
    Sec. 631. (a) The Senate finds that--
            (1) all Americans are united in condemning, in the 
        strongest possible terms, the terrorists who planned and 
        carried out the September 11, 2001 attacks against the United 
        States as well as their sponsors, and in pursuing all of those 
        responsible until they are brought to justice and punished;
            (2) the Arab American and American Muslim communities, are 
        a vital part of our nation;
            (3) the prayer of Cardinal Theodore McCarrick, the 
        Archbishop of Washington in a Mass on September 12, 2001 for 
        our Nation and the victims in the immediate aftermath of the 
        terrorist hijackings and attacks in New York City, Washington, 
        D.C., and Pennsylvania reminds all Americans that ``we must 
        seek the guilty and not strike out against the innocent or we 
        become like them who are without moral guidance or direction'';
            (4) the heads of state of several Arab and predominantly 
        Moslem countries have condemned the terrorist attacks in the 
        United States and the senseless loss of innocent lives; and
            (5) vengeful threats and incidents directed at law-abiding, 
        patriotic Americans of Arab descent and Islamic faith have 
        already occurred such as shots fired at an Islamic Center and 
        police having to turn back 300 people who tried to march on a 
        mosque.
    (b) The Senate--
            (1) declares that in the quest to identify, bring to 
        justice, and punish the perpetrators and sponsors of the 
        terrorist attacks on the United States on September 11, 2001, 
        that the civil rights and civil liberties of all Americans, 
        including Arab-Americans and American Muslims, should be 
        protected; and
            (2) condemns any acts of violence or discrimination against 
        any Americans, including Arab-Americans and American Muslims.

                         TITLE VII--RESCISSIONS

                 DEPARTMENT OF STATE AND RELATED AGENCY

              International Organizations and Conferences

        contributions for international peacekeeping activities

                              (rescission)

    Of the unobligated balances available under this heading, 
$126,620,000 are rescinded.

                         TITLE VIII--TERRORISM

SEC. 801. SHORT TITLE.

    This title may be cited as the ``Combating Terrorism Act of 2001''.

             Subtitle A--Antiterrorism Policy and Practices

SEC. 811. ASSESSMENT OF NATIONAL GUARD CAPABILITIES TO PREEMPTIVELY 
              DISRUPT DOMESTIC TERRORIST ATTACKS INVOLVING WEAPONS OF 
              MASS DESTRUCTION.

    (a) Report.--Not later than 60 days after the date of the enactment 
of this Act, the Comptroller General shall submit to Congress a report 
containing an assessment of the capabilities of the National Guard to 
preemptively disrupt a terrorist attack within the United States 
involving weapons of mass destruction, and to respond to such an 
attack.
    (b) Elements.--The report required under subsection (a) shall 
include--
            (1) an assessment of the legal restrictions on the use of 
        the National Guard to contain and capture weapons of mass 
        destruction materials that are discovered by law enforcement 
        agencies within the United States;
            (2) an assessment of the physical readiness of the National 
        Guard to carry out a mission to contain and capture such 
        materials;
            (3) a description of the modifications in the structure of 
        the National Guard, and in law enforcement intelligence 
        dissemination capabilities, that are necessary to effect a 
        credible, preemptive strike capability for the National Guard 
        against a terrorist attack within the United States involving a 
        weapon of mass destruction; and
            (4) an identification of the Federal agency best suited to 
        carry out a preemptive strike against organizations possessing 
        weapons of mass destruction materials in the United States.

SEC. 812. LONG-TERM RESEARCH AND DEVELOPMENT TO ADDRESS CATASTROPHIC 
              TERRORIST ATTACKS.

    (a) Sense of Congress.--It is the sense of Congress that--
            (1) there has not been sufficient emphasis on long-term 
        research and development with respect to technologies useful in 
        fighting terrorism; and
            (2) the United States should make better use of its 
        considerable accomplishments in science and technology to 
        prevent or address terrorist attacks in the future, 
        particularly attacks involving chemical, biological, or nuclear 
        agents.
    (b) Establishment of Program.--(1) Not later than six months after 
the date of the enactment of this Act, the President shall establish a 
comprehensive program of long-term research and development with 
respect science and technology necessary to prevent, preempt, detect, 
interdict, and respond to catastrophic terrorist attacks.
    (2) In establishing the program, the President shall--
            (A) establish a comprehensive set of requirements for the 
        program; and
            (B) either--
                    (i) establish in an appropriate Federal agency an 
                element with responsibility for the program; or
                    (ii) assign to a current element of a Federal 
                agency responsibility for the program.
    (c) Report on Proposed Program.--Not later than 60 days before the 
commencement of the program required by subsection (b), the President 
shall submit to Congress a report on the proposed program. The report 
shall set forth the element of the Federal Government proposed to be 
established or assigned responsibility under subsection (b)(2)(B), 
including the proposed organization and responsibilities of the element 
for purposes of the program.
    (d) Catastrophic Terrorist Attack Defined.--In this section, the 
term ``catastrophic terrorist attack'' means a terrorist attack against 
the United States perpetrated by a state, substate, or nonstate actor 
that involves mass casualties or the use of a weapon of mass 
destruction.

SEC. 813. REVIEW OF AUTHORITY OF FEDERAL AGENCIES TO ADDRESS 
              CATASTROPHIC TERRORIST ATTACKS.

    (a) Review Required.--The Attorney General shall conduct a review 
of the legal authority of the agencies of the Federal Government, 
including the Department of Defense, to respond to, and to prevent, 
preempt, detect, and interdict, catastrophic terrorist attacks.
    (b) Report.--Not later than six months after the date of the 
enactment of this Act, the Attorney General shall submit to Congress a 
report on the review conducted under subsection (a). The report shall 
include any recommendations that the Attorney General considers 
appropriate, including recommendations as to whether additional legal 
authority for any particular Federal agency is advisable in order to 
enhance the capability of the Federal Government to respond to, and to 
prevent, preempt, detect, and interdict, catastrophic terrorist 
attacks.
    (c) Catastrophic Terrorist Attack Defined.--In this section, the 
term ``catastrophic terrorist attack'' means a terrorist attack against 
the United States perpetrated by a state, substate, or nonstate actor 
that involves mass casualties or the use of a weapon of mass 
destruction.

SEC. 814. GUIDELINES ON RECRUITMENT OF TERRORIST INFORMANTS.

    The Director of Central Intelligence shall rescind the provisions 
of the 1995 Central Intelligence Agency guidelines on recruitment of 
terrorist informants that relate to the recruitment of persons who have 
access to intelligence related terrorist plans, intentions and 
capabilities.

SEC. 815. DISCLOSURE BY LAW ENFORCEMENT AGENCIES OF CERTAIN 
              INTELLIGENCE OBTAINED BY INTERCEPTION OF COMMUNICATIONS.

    (a) Report on Authorities Relating to Sharing of Criminal Wiretap 
Information.--Not later than 60 days after the date of the enactment of 
this Act, the President shall submit to Congress a report on the legal 
authorities that govern the sharing of criminal wiretap information 
under applicable Federal laws, including section 104 of the National 
Security Act of 1947 (50 U.S.C. 403-4).
    (b) Elements.--The report under subsection (a) shall include--
            (1) a description of the type of information that can be 
        shared by the Department of Justice, or other law enforcement 
        agencies, with other elements of the intelligence community; 
        and
            (2) any recommendations that the President considers 
        appropriate, including a proposal for legislation to implement 
        such recommendations, to improve the capability of the 
        Department of Justice, or other law enforcement agencies, to 
        share foreign intelligence information or counterintelligence 
        information with other elements of the intelligence community 
        on matters such as counterterrorism.
    (c) Definitions.--In this section:
            (1) Foreign intelligence, counterintelligence.--The terms 
        ``foreign intelligence'' and ``counterintelligence'' have the 
        meanings given those terms in section 3 of the National 
        Security Act of 1947 (50 U.S.C. 401a).
            (2) Element of the intelligence community.--The term 
        ``element of the intelligence community'' means any element of 
        the intelligence community specified or designated under 
        section 3(4) of the National Security Act of 1947.

SEC. 816. JOINT TASK FORCE ON TERRORIST FUNDRAISING.

    It is the sense of Congress that--
            (1) many terrorist groups secretly solicit and exploit the 
        resources of international nongovernmental organizations, 
        companies, and wealthy individuals; and
            (2) the Federal Government is not fully utilizing all the 
        tools available to it to prevent, deter, or disrupt the 
        fundraising activities of international terrorist 
        organizations, and it should do so.

SEC. 817. IMPROVEMENT OF CONTROLS ON PATHOGENS AND EQUIPMENT FOR 
              PRODUCTION OF BIOLOGICAL WEAPONS.

    (a) Report on Improvement of Controls.--(1) Not later than 60 days 
after the date of the enactment of this Act, the Attorney General shall 
submit to Congress a report on the means of improving United States 
controls of biological pathogens and the equipment necessary to 
develop, produce, or deliver biological weapons.
    (2) The Attorney General shall prepare the report under paragraph 
(1) in consultation with the Secretary of Defense, the Secretary of the 
Treasury, the Secretary of Commerce, the Secretary of Health and Human 
Services, the Secretary of Agriculture, the Director of Central 
Intelligence, the Commissioner of Customs, and other appropriate 
Federal officials.
    (3) The report under paragraph (1) shall include--
            (A) a list of the equipment identified under that paragraph 
        as critical to the development, production, or delivery of 
        biological weapons;
            (B) recommendations, if any, for legislation to make 
        illegal the possession of the equipment identified under 
        subparagraph (A), for other than a legitimate purpose, 
        including attempts and conspiracies to do the same;
            (C) recommendations, if any, for legislation to control the 
        domestic sale and transfer of the equipment identified under 
        subparagraph (A); and
            (D) recommendations, if any, for legislation to require the 
        tagging or other means of marking of the equipment identified 
        under subparagraph (A).
    (b) Improved Security of Facilities.--(1) Commencing not later than 
60 days after the date of the enactment of this Act, the President 
shall undertake appropriate actions to enhance the standards for the 
physical protection and security of the biological pathogens described 
in subsection (a) at the research laboratories and other government and 
private facilities in the United States that create, possess, handle, 
store, or transport such pathogens in order to protect against the 
theft or other wrongful diversion of such pathogens.
    (2) Not later than six months after the date of the enactment of 
this Act, the President shall submit to Congress a report on the 
actions undertaken under paragraph (1).

SEC. 818. REIMBURSEMENT OF PERSONNEL PERFORMING COUNTERTERRORISM DUTIES 
              FOR PROFESSIONAL LIABILITY INSURANCE.

    (a) Requirement for Full Reimbursement.--(1) Notwithstanding any 
other provision of law and subject to paragraph (2), the head of an 
agency employing a qualified employee shall reimburse the qualified 
employee for the costs incurred by the employee for professional 
liability insurance.
    (2) Reimbursement of a qualified employee under paragraph (1) shall 
be contingent on the submission by the qualified employee to the head 
of the agency concerned of such information or documentation as the 
head of the agency concerned shall require.
    (3) Amounts for reimbursements under paragraph (1) shall be derived 
from amounts available to the agency concerned for salaries and 
expenses.
    (b) Qualified Employee.--In this section, the term ``qualified 
employee'' means an employee of an agency whose position is that of--
            (1) a law enforcement officer performing official 
        counterterrorism duties; or
            (2) an official of an element of the intelligence community 
        performing official counterterrorism duties outside the United 
        States.
    (c) Definitions.--In this section:
            (1) Agency.--The term ``agency'' means any Executive 
        agency, as that term is defined in section 105 of title 5, 
        United States Code, and includes any agency of the legislative 
        branch of Government.
            (2) Element of the intelligence community.--The term 
        ``element of the intelligence community'' means any element of 
        the intelligence community specified or designated under 
        section 3(4) of the National Security Act of 1947 (50 U.S.C. 
        401a(4)).
            (3) Law enforcement officer; professional liability 
        insurance.--The terms ``law enforcement officer'' and 
        ``professional liability insurance'' have the meanings given 
        those terms in section 636(c) of the Treasury, Postal Service, 
        and General Government Appropriations Act, 1997 (5 U.S.C. prec. 
        5941 note).

                      Subtitle B--Criminal Matters

SEC. 831. LAUNDERING OF PROCEEDS OF TERRORISM.

    Section 1956(c)(7)(D) of title 18, United States Code, is amending 
by inserting ``or 2339B'' after ``2339A''.

SEC. 832. MODIFICATION OF AUTHORITIES RELATING TO USE OF PEN REGISTERS 
              AND TRAP AND TRACE DEVICES.

    (a) General Limitation on Use by Governmental Agencies.--Section 
3121(c) of title 18, United States Code, is amended--
            (1) by inserting ``or trap and trace device'' after ``pen 
        register'';
            (2) by inserting ``, routing, addressing,'' after 
        ``dialing''; and
            (3) by striking ``call processing'' and inserting ``the 
        processing and transmitting of wire and electronic 
        communications''.
    (b) Issuance of Orders.--
            (1) In general.--Subsection (a) of section 3123 of that 
        title is amended to read as follows:
    ``(a) In General.--(1) Upon an application made under section 
3122(a)(1) of this title, the court shall enter an ex parte order 
authorizing the installation and use of a pen register or trap and 
trace device if the court finds that the attorney for the Government 
has certified to the court that the information likely to be obtained 
by such installation and use is relevant to an ongoing criminal 
investigation. The order shall, upon service of the order, apply to any 
entity providing wire or electronic communication service in the United 
States whose assistance is required to effectuate the order.
    ``(2) Upon an application made under section 3122(a)(2) of this 
title, the court shall enter an ex parte order authorizing the 
installation and use of a pen register or trap and trace device within 
the jurisdiction of the court if the court finds that the State 
investigative or law enforcement officer has certified to the court 
that the information likely to be obtained by such installation and use 
is relevant to an ongoing criminal investigation.''.
            (2) Contents of order.--Subsection (b)(1) of that section 
        is amended--
                    (A) in subparagraph (A)--
                            (i) by inserting ``or other facility'' 
                        after ``telephone line''; and
                            (ii) by inserting before the semicolon at 
                        the end ``or applied''; and
                    (B) by striking subparagraph (C) and inserting the 
                following new subparagraph (C):
                    ``(C) a description of the communications to which 
                the order applies, including the number or other 
                identifier and, if known, the location of the telephone 
                line or other facility to which the pen register or 
                trap and trace device is to be attached or applied, 
                and, in the case of an order authorizing installation 
                and use of a trap and trace device under subsection 
                (a)(2), the geographic limits of the order; and''.
            (3) Nondisclosure requirements.--Subsection (d)(2) of that 
        section is amended--
                    (A) by inserting ``or other facility'' after ``the 
                line''; and
                    (B) by striking ``, or who has been ordered by the 
                court'' and inserting ``or applied, or who is obligated 
                by the order''.
    (c) Emergency Installation.--
            (1) Authority for united states attorneys.--Section 3125(a) 
        of that title is amended in the matter preceding paragraph (1) 
        by striking ``or any Deputy Assistant Attorney General,'' and 
        inserting ``any Deputy Assistant Attorney General, or any 
        United States Attorney,''.
            (2) Expansion of emergency circumstances.--Section 
        3125(a)(1) of that title is amended--
                    (A) in subparagraph (A), by striking ``or'' at the 
                end;
                    (B) in subparagraph (B), by striking the comma at 
                the end and inserting a semicolon; and
                    (C) by inserting after subparagraph (B) the 
                following new subparagraphs:
                    ``(C) immediate threat to the national security 
                interests of the United States;
                    ``(D) immediate threat to public health or safety; 
                or
                    ``(E) an attack on the integrity or availability of 
                a protected computer which attack would be an offense 
                punishable under section 1030(c)(2)(C) of this 
                title,''.
    (d) Definitions.--
            (1) Court of competent jurisdiction.--Paragraph (2) of 
        section 3127 of that title is amended by striking subparagraph 
        (A) and inserting the following new subparagraph (A):
                    ``(A) any district court of the United States 
                (including a magistrate judge of such a court) or any 
                United States Court of Appeals having jurisdiction over 
                the offense being investigated; or''.
            (2) Pen register.--Paragraph (3) of that section is 
        amended--
                    (A) by striking ``electronic or other impulses'' 
                and all that follows through ``is attached'' and 
                inserting ``dialing, routing, addressing, or signalling 
                information transmitted by an instrument or facility 
                from which a wire or electronic communication is 
                transmitted''; and
                    (B) by inserting ``or process'' after ``device'' 
                each place it appears.
            (3) Trap and trace device.--Paragraph (4) of that section 
        is amended--
                    (A) by inserting ``or process'' after ``a device''; 
                and
                    (B) by striking ``of an instrument'' and all that 
                follows through the end and inserting ``or other 
                dialing, routing, addressing, and signalling 
                information relevant to identifying the source of a 
                wire or electronic communication;''.

SEC. 833. AUTHORITY TO INTERCEPT WIRE, ORAL, AND ELECTRONIC 
              COMMUNICATIONS RELATING TO TERRORISM OFFENSES.

    Section 2516(1) of title 18, United States Code, is amended--
            (1) by redesignating paragraph (p), as so redesignated by 
        section 434(2) of the Antiterrorism and Effective Death Penalty 
        Act of 1996 (Public Law 104-132; 110 Stat. 1274), as paragraph 
        (r); and
            (2) by inserting after paragraph (p) as so redesignated by 
        section 201(3) of the Illegal Immigration Reform and Immigrant 
        Responsibility Act of 1996 (division C of Public Law 104-208; 
        110 Stat. 3009-565), the following new paragraph:
                    ``(q) any criminal violation of sections 2332, 
                2332a, 2332b, 2332d, 2339A, or 2339B of this title 
                (relating to terrorism); or''.

SEC. 834. AUTHORITY TO INTERCEPT WIRE, ORAL, AND ELECTRONIC 
              COMMUNICATIONS RELATING TO COMPUTER FRAUD AND ABUSE.

    Section 2516(1)(c) of title 18, United States Code, is amended by 
striking ``and section 1341 (relating to mail fraud),'' and inserting 
``section 1341 (relating to mail fraud), a felony violation of section 
1030 (relating to computer fraud and abuse),''.
    This Act may be cited as the ``Departments of Commerce, Justice, 
and State, the Judiciary, and Related Agencies Appropriations Act, 
2002.''

            Attest:

                                                             Secretary.
107th CONGRESS

  1st Session

                               H. R. 2500

_______________________________________________________________________

                               AMENDMENT