[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2500 Public Print (PP)]
1st Session
H. R. 2500
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 13, 2001
Ordered to be printed with the amendment of the Senate
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>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:
<DELETED>TITLE I--DEPARTMENT OF JUSTICE</DELETED>
<DELETED>General Administration</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> For expenses necessary for the administration of the
Department of Justice, $91,668,000, 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 $8,451,000 shall be expended for the
Department Leadership Program exclusive of augmentation that occurred
in these offices in fiscal year 2001: Provided further, That not to
exceed 41 permanent positions and 48 full-time equivalent workyears and
$4,997,000 shall be expended for the Offices of Legislative Affairs and
Public Affairs: Provided further, That the latter two aforementioned
offices may utilize non-reimbursable details of career employees within
the caps described in the preceding proviso: 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.</DELETED>
<DELETED>joint automated booking system</DELETED>
<DELETED> For expenses necessary for the nationwide deployment of a
Joint Automated Booking System including automated capability to
transmit fingerprint and image data, $15,957,000, to remain available
until expended.</DELETED>
<DELETED>narrowband communications</DELETED>
<DELETED> For the costs of conversion to narrowband communications,
including the cost for operation and maintenance of Land Mobile Radio
legacy systems, $104,615,000, to remain available until
expended.</DELETED>
<DELETED>counterterrorism fund</DELETED>
<DELETED> For necessary expenses, as determined by the Attorney
General, $4,989,000, to remain available until expended, to reimburse
any Department of Justice organization for: (1) the costs incurred in
reestablishing the operational capability of an office or facility
which has been damaged or destroyed as a result of any domestic or
international terrorist incident; and (2) the costs of providing
support to counter, investigate or prosecute domestic or international
terrorism, including payment of rewards in connection with these
activities: Provided, That any Federal agency may be reimbursed for the
costs of detaining in foreign countries individuals accused of acts of
terrorism that violate the laws of the United States: Provided further,
That funds provided under this paragraph shall be available 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.</DELETED>
<DELETED>administrative review and appeals</DELETED>
<DELETED> For expenses necessary for the administration of pardon
and clemency petitions and immigration-related activities,
$178,751,000.</DELETED>
<DELETED>detention trustee</DELETED>
<DELETED> 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, $1,721,000: 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.</DELETED>
<DELETED>office of inspector general</DELETED>
<DELETED> For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act of 1978, as
amended, $50,735,000; 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.</DELETED>
<DELETED>United States Parole Commission</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> For necessary expenses of the United States Parole
Commission as authorized by law, $10,915,000.</DELETED>
<DELETED>Legal Activities</DELETED>
<DELETED>salaries and expenses, general legal activities</DELETED>
<DELETED> 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, $568,011,000; of
which not to exceed $10,000,000 for litigation support contracts shall
remain available until expended: Provided, That of the funds available
in this appropriation, $18,835,000 shall remain available until
expended only for office automation systems for the legal divisions
covered by this appropriation, and for the United States Attorneys, the
Antitrust Division, the United States Trustee Program, the Executive
Office for Immigration Review, the Community Relations Service, and
offices funded through ``Salaries and Expenses'', General
Administration: 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 official reception and
representation expenses: Provided further, That notwithstanding any
other provision of law, upon a determination by the Attorney General
that emergent circumstances require additional funding for litigation
activities of the Civil Division, the Attorney General may transfer
such amounts to ``Salaries and Expenses, General Legal Activities''
from available appropriations for the current fiscal year for the
Department of Justice, as may be necessary to respond to such
circumstances: Provided further, That any transfer pursuant to the
previous proviso shall be treated as a reprogramming 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.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>salaries and expenses, antitrust division</DELETED>
<DELETED> For expenses necessary for the enforcement of antitrust
and kindred laws, $105,366,000: Provided, That, notwithstanding section
3302(b) of title 31, United States Code, not to exceed $105,366,000 of
offsetting collections derived from fees collected in fiscal year 2002
for premerger notification filings under the Hart-Scott-Rodino
Antitrust Improvements Act of 1976 (15 U.S.C. 18a) 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.</DELETED>
<DELETED>salaries and expenses, united states attorneys</DELETED>
<DELETED> For necessary expenses of the Offices of the United States
Attorneys, including inter-governmental and cooperative agreements,
$1,353,968,000; 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 of the total amount appropriated, not
to exceed $8,000 shall be available for official reception and
representation expenses: 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
not to exceed $2,500,000 for the operation of the National Advocacy
Center shall remain available until expended: Provided further, That,
in addition to reimbursable full-time equivalent workyears available to
the Offices of the United States Attorneys, not to exceed 9,571
positions and 9,776 full-time equivalent workyears shall be supported
from the funds appropriated in this Act for the United States
Attorneys.</DELETED>
<DELETED>united states trustee system fund</DELETED>
<DELETED> For necessary expenses of the United States Trustee
Program, as authorized by 28 U.S.C. 589a(a), $145,937,000, 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, $145,937,000
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.</DELETED>
<DELETED>salaries and expenses, foreign claims settlement
commission</DELETED>
<DELETED> For expenses necessary to carry out the activities of the
Foreign Claims Settlement Commission, including services as authorized
by 5 U.S.C. 3109, $1,136,000.</DELETED>
<DELETED>salaries and expenses, united states marshals
service</DELETED>
<DELETED> 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, $622,646,000; 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: Provided,
That, in addition to reimbursable full-time equivalent workyears
available to the United States Marshals Service, not to exceed 4,128
positions and 3,993 full-time equivalent workyears shall be supported
from the funds appropriated in this Act for the United States Marshals
Service.</DELETED>
<DELETED>construction</DELETED>
<DELETED> 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, $6,628,000 to remain available until expended.</DELETED>
<DELETED>federal prisoner detention</DELETED>
<DELETED> 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, $724,682,000, to remain available until
expended.</DELETED>
<DELETED>fees and expenses of witnesses</DELETED>
<DELETED> 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, $148,494,000, 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.</DELETED>
<DELETED>salaries and expenses, community relations service</DELETED>
<DELETED> 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: Provided, That notwithstanding any
other provision of law, upon a determination by the Attorney General
that emergent circumstances require additional funding for conflict
prevention and resolution activities of the Community Relations
Service, the Attorney General may transfer such amounts to the
Community Relations Service, from available appropriations for the
current fiscal year for the Department of Justice, as may be necessary
to respond to such circumstances: Provided further, That any transfer
pursuant to the previous proviso shall be treated as a reprogramming
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.</DELETED>
<DELETED>assets forfeiture fund</DELETED>
<DELETED> For expenses authorized by 28 U.S.C. 524(c)(1)(A)(ii),
(B), (F), and (G), as amended, $21,949,000, to be derived from the
Department of Justice Assets Forfeiture Fund.</DELETED>
<DELETED>Radiation Exposure Compensation</DELETED>
<DELETED>administrative expenses</DELETED>
<DELETED> For necessary administrative expenses in accordance with
the Radiation Exposure Compensation Act, $1,996,000.</DELETED>
<DELETED>payment to radiation exposure compensation trust
fund</DELETED>
<DELETED> For payments to the Radiation Exposure Compensation Trust
Fund of claims covered by the Radiation Exposure Compensation Act,
$10,776,000.</DELETED>
<DELETED>Interagency Law Enforcement</DELETED>
<DELETED>interagency crime and drug enforcement</DELETED>
<DELETED> 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, $340,189,000, 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 set forth in section 605
of this Act.</DELETED>
<DELETED>Federal Bureau of Investigation</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> 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 1,236 passenger motor vehicles, of which 1,142 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,
$3,491,073,000; 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 $448,467,000
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, in addition to
reimbursable full-time equivalent workyears available to the Federal
Bureau of Investigation, not to exceed 24,935 positions and 24,488
full-time equivalent workyears shall be supported from the funds
appropriated in this Act for the Federal Bureau of
Investigation.</DELETED>
<DELETED>construction</DELETED>
<DELETED> 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;
$1,250,000, to remain available until expended.</DELETED>
<DELETED>Drug Enforcement Administration</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> 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 1,358 passenger motor vehicles, of which 1,079 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, $1,476,083,000; 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: Provided, That, in
addition to reimbursable full-time equivalent workyears available to
the Drug Enforcement Administration, not to exceed 7,654 positions and
7,515 full-time equivalent workyears shall be supported from the funds
appropriated in this Act for the Drug Enforcement
Administration.</DELETED>
<DELETED>Immigration and Naturalization Service</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> For expenses necessary for the administration and
enforcement of the laws relating to immigration, naturalization, and
alien registration, as follows:</DELETED>
<DELETED>enforcement and border affairs</DELETED>
<DELETED> For salaries and expenses for the Border Patrol program,
the detention and deportation program, the intelligence program, the
investigations program, and the inspections program, 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 to exceed 3,165 passenger motor vehicles, of which
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 Buffalo Detention Facility,
$2,738,517,000; 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 $30,000 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, in addition to
reimbursable full-time equivalent workyears available to the
Immigration and Naturalization Service, not to exceed 20,465 positions
and 20,066 full-time equivalent workyears shall be supported from the
funds appropriated under this heading in this Act for the Immigration
and Naturalization Service: Provided further, That none of the funds
provided in this or any other Act shall be used for the continued
operation of the San Clemente and Temecula checkpoints unless the
checkpoints are open and traffic is being checked on a continuous 24-
hour basis.</DELETED>
<DELETED>citizenship and benefits, immigration support and program
direction</DELETED>
<DELETED> For all programs of the Immigration and Naturalization
Service not included under the heading ``Enforcement and Border
Affairs'', $632,923,000, of which not to exceed $400,000 for research
shall remain available until expended: Provided, That not to exceed
$5,000 shall be available for official reception and representation
expenses: Provided further, That the Attorney General may transfer any
funds appropriated under this heading and the heading ``Enforcement and
Border Affairs'' between said appropriations notwithstanding any
percentage transfer limitations imposed under this appropriations Act
and may direct such fees as are collected by the Immigration and
Naturalization Service to the activities funded under this heading and
the heading ``Enforcement and Border Affairs'' for performance of the
functions for which the fees legally may be expended: Provided further,
That not to exceed 40 permanent positions and 40 full-time equivalent
workyears and $4,300,000 shall be expended for the Offices of
Legislative Affairs and Public Affairs: Provided further, That the
latter two aforementioned offices shall not 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: Provided further, That the number of positions
filled through non-career appointment at the Immigration and
Naturalization Service, for which funding is provided in this Act or is
otherwise made available to the Immigration and Naturalization Service,
shall not exceed four permanent positions and four full-time equivalent
workyears: Provided further, That none of the funds available to the
Immigration and Naturalization Service shall be used to pay any
employee overtime pay in an amount in excess of $30,000 during the
calendar year beginning January 1, 2002: Provided further, That funds
may be used, without limitation, for equipping, maintaining, and making
improvements to the infrastructure and the purchase of vehicles for
police-type use within the limits of the Enforcement and Border Affairs
appropriation: Provided further, That, in addition to reimbursable
full-time equivalent workyears available to the Immigration and
Naturalization Service, not to exceed 3,146 positions and 3,523 full-
time equivalent workyears shall be supported from the funds
appropriated under this heading in this Act for the Immigration and
Naturalization Service: Provided further, That, notwithstanding any
other provision of law, during fiscal year 2002, the Attorney General
is authorized and directed to impose disciplinary action, including
termination of employment, pursuant to policies and procedures
applicable to employees of the Federal Bureau of Investigation, for any
employee of the Immigration and Naturalization Service who violates
policies and procedures set forth by the Department of Justice relative
to the granting of citizenship or who willfully deceives the Congress
or department leadership on any matter.</DELETED>
<DELETED>construction</DELETED>
<DELETED> For planning, 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,
$128,454,000, to remain available until expended: Provided, That no
funds shall be available for the site acquisition, design, or
construction of any Border Patrol checkpoint in the Tucson
sector.</DELETED>
<DELETED>Federal Prison System</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> 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, $3,830,971,000: 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.</DELETED>
<DELETED>buildings and facilities</DELETED>
<DELETED> 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,
$813,552,000, 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 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.</DELETED>
<DELETED>federal prison industries, incorporated</DELETED>
<DELETED> 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 (not to exceed five for replacement only) and hire of
passenger motor vehicles.</DELETED>
<DELETED>limitation on administrative expenses, federal prison
industries, incorporated</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Office of Justice Programs</DELETED>
<DELETED>justice assistance</DELETED>
<DELETED> 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, $187,877,000, 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).</DELETED>
<DELETED> 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, $220,494,000, to remain available until expended.</DELETED>
<DELETED>state and local law enforcement assistance</DELETED>
<DELETED> 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''); the Victims of Child Abuse Act of 1990, as
amended (``the 1990 Act''); and the Victims of Trafficking and Violence
Protection Act of 2000 (Public Law 106-386); $2,519,575,000 (including
amounts for administrative costs, which shall be transferred to and
merged with the ``Justice Assistance'' account), to remain available
until expended as follows:</DELETED>
<DELETED> (1) $521,849,000 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 subparagraphs (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:</DELETED>
<DELETED> (A) $60,000,000 shall be for Boys and
Girls Clubs in public housing facilities and other
areas in cooperation with State and local law
enforcement: Provided, That funds may also be used to
defray the costs of indemnification insurance for law
enforcement officers;</DELETED>
<DELETED> (B) $6,000,000 shall be for the National
Police Athletic League pursuant to Public Law 106-367;
and</DELETED>
<DELETED> (C) $19,956,000 shall be available for
grants, contracts, and other assistance to carry out
section 102(c) of H.R. 728;</DELETED>
<DELETED> (2) $565,000,000 for the State Criminal Alien
Assistance Program, as authorized by section 242(j) of the
Immigration and Nationality Act, as amended;</DELETED>
<DELETED> (3) $35,000,000 for the Cooperative Agreement
Program;</DELETED>
<DELETED> (4) $48,162,000 for assistance to Indian tribes,
of which:</DELETED>
<DELETED> (A) $35,191,000 shall be available for
grants under section 20109(a)(2) of subtitle A of title
II of the 1994 Act;</DELETED>
<DELETED> (B) $7,982,000 shall be available for the
Tribal Courts Initiative; and</DELETED>
<DELETED> (C) $4,989,000 shall be available for
demonstration grants on alcohol and crime in Indian
Country;</DELETED>
<DELETED> (5) $570,000,000 for programs authorized by part E
of title I of the 1968 Act, notwithstanding the provisions of
section 511 of said Act, of which $70,000,000 shall be for
discretionary grants under the Edward Byrne Memorial State and
Local Law Enforcement Assistance Programs;</DELETED>
<DELETED> (6) $11,975,000 for the Court Appointed Special
Advocate Program, as authorized by section 218 of the 1990
Act;</DELETED>
<DELETED> (7) $2,296,000 for Child Abuse Training Programs
for Judicial Personnel and Practitioners, as authorized by
section 224 of the 1990 Act;</DELETED>
<DELETED> (8) $998,000 for grants for televised testimony,
as authorized by section 1001(a)(7) of the 1968 Act;</DELETED>
<DELETED> (9) $184,537,000 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:</DELETED>
<DELETED> (A) $1,000,000 shall be for the Bureau of
Justice Statistics for grants, contracts, and other
assistance for a domestic violence Federal case
processing study;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (D) $5,000,000 shall be for the National
Institute of Justice for grants, contracts, and other
assistance for research on family violence;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (11) $39,945,000 for Rural Domestic Violence and
Child Abuse Enforcement Assistance Grants, as authorized by
section 40295 of the 1994 Act;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (13) $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;</DELETED>
<DELETED> (14) $10,000,000 for grants to reduce Violent
Crimes Against Women on Campus, as authorized by section
1108(a) of Public Law 106-386;</DELETED>
<DELETED> (15) $40,000,000 for Legal Assistance for Victims,
as authorized by section 1201 of Public Law 106-386;</DELETED>
<DELETED> (16) $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;</DELETED>
<DELETED> (17) $15,000,000 for the Safe Havens for Children
Pilot Program as authorized by section 1301 of Public Law 106-
386;</DELETED>
<DELETED> (18) $200,000 for a report of effects of parental
kidnapping laws in domestic violence cases, as authorized by
section 1303 of Public Law 106-386;</DELETED>
<DELETED> (19) $200,000 for the study of standards and
processes for forensic exams of domestic violence, as
authorized by section 1405 of Public Law 106-386;</DELETED>
<DELETED> (20) $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;</DELETED>
<DELETED> (21) $10,000,000 for victim services programs for
victims of trafficking, as authorized by section 107(b)(2) of
Public Law 106-386;</DELETED>
<DELETED> (22) $73,861,000 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
grant funds for treatment, both during incarceration and after
release;</DELETED>
<DELETED> (23) $898,000 for the Missing Alzheimer's Disease
Patient Alert Program, as authorized by section 240001(c) of
the 1994 Act;</DELETED>
<DELETED> (24) $50,000,000 for Drug Courts, as authorized by
title V of the 1994 Act;</DELETED>
<DELETED> (25) $1,497,000 for Law Enforcement Family Support
Programs, as authorized by section 1001(a)(21) of the 1968
Act;</DELETED>
<DELETED> (26) $1,995,000 for public awareness programs
addressing marketing scams aimed at senior citizens, as
authorized by section 250005(3) of the 1994 Act;</DELETED>
<DELETED> (27) $249,450,000 for Juvenile Accountability
Incentive Block Grants, of which $38,000,000 shall be available
for grants, contracts, and other assistance under the Project
ChildSafe Initiative, 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</DELETED>
<DELETED> (28) $1,298,000 for Motor Vehicle Theft Prevention
Programs, as authorized by section 220002(h) of the 1994
Act:</DELETED>
<DELETED>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.</DELETED>
<DELETED>weed and seed program fund</DELETED>
<DELETED> 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.</DELETED>
<DELETED>community oriented policing services</DELETED>
<DELETED> For activities authorized by the Violent Crime Control and
Law Enforcement Act of 1994, Public Law 103-322 (``the 1994 Act'')
(including administrative costs), $1,013,498,000, to remain available
until expended: Provided, That no funds that become available as a
result of deobligations from prior year balances, excluding those for
program management and administration, may be obligated except in
accordance with section 605 of this Act: 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. 3796dd et seq.):
Provided further, That all prior year balances derived from the Violent
Crime Trust Fund for Community Oriented Policing Services may be
transferred into this appropriation.</DELETED>
<DELETED> Of the amounts provided:</DELETED>
<DELETED> (1) for Public Safety and Community Policing
Grants pursuant to title I of the 1994 Act, $470,249,000 as
follows: $330,000,000 for the hiring of law enforcement
officers, including school resource officers; $20,662,000 for
training and technical assistance; $25,444,000 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, as amended (``the 1968 Act''); $31,315,000
to improve tribal law enforcement including equipment and
training; $48,393,000 for policing initiatives to combat
methamphetamine production and trafficking and to enhance
policing initiatives in ``drug hot spots''; and $14,435,000 for
Police Corps education, training, and service under sections
200101-200113 of the 1994 Act;</DELETED>
<DELETED> (2) for crime technology, $363,611,000 as follows:
$150,000,000 for a law enforcement technology program;
$35,000,000 for grants to upgrade criminal records, as
authorized under the Crime Identification Technology Act of
1998 (42 U.S.C. 14601); $40,000,000 for DNA testing as
authorized by the DNA Analysis Backlog Elimination Act of 2000
(Public Law 106-546); $35,000,000 for State and local DNA
laboratories as authorized by section 1001(a)(22) of the 1968
Act, and for improvements to State and local forensic
laboratories' general science capacity and capability; and
$103,611,000 for grants, contracts and other assistance to
States under section 102(b) of the Crime Identification
Technology Act of 1998 (42 U.S.C. 14601), 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;</DELETED>
<DELETED> (3) for prosecution assistance, $99,780,000 as
follows: $49,780,000 for a national program to reduce gun
violence, and $50,000,000 for the Southwest Border Prosecutor
Initiative;</DELETED>
<DELETED> (4) for grants, training, technical assistance,
and other expenses to support community crime prevention
efforts, $46,864,000 as follows: $14,967,000 for Project
Sentry; $14,934,000 for an offender re-entry program; and
$16,963,000 for a police integrity program; and</DELETED>
<DELETED> (5) not to exceed $32,994,000 for program
management and administration.</DELETED>
<DELETED>juvenile justice programs</DELETED>
<DELETED> 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, $278,483,000, 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,
$6,832,000 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 $50,139,000 shall be
available for expenses authorized by part C of title II of the Act:
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)
$94,791,000 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 $14,967,000
shall be available for the Safe Schools Initiative including $5,033,000
for grants, contracts, and other assistance under the Project Sentry
Initiative; and of which $37,000,000 shall be available for grants,
contracts and other assistance under the Project ChildSafe 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.</DELETED>
<DELETED> In addition, for grants, contracts, cooperative
agreements, and other assistance, $10,976,000 to remain available until
expended, for developing, testing, and demonstrating programs designed
to reduce drug use among juveniles.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>public safety officers benefits</DELETED>
<DELETED> 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.</DELETED>
<DELETED>General Provisions--Department of Justice</DELETED>
<DELETED> 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.</DELETED>
<DELETED> Sec. 102. Authorities contained in the Department of
Justice Appropriation Authorization Act, Fiscal Year 1980 (Public Law
96-132; 93 Stat. 1040 (1979)), as amended, shall remain in effect until
the effective date of a subsequent Department of Justice Appropriation
Authorization Act.</DELETED>
<DELETED> Sec. 103. None of the funds appropriated by this title
shall be available to pay for an abortion, except where the life of the
mother would be endangered if the fetus were carried to term, or in the
case of rape: Provided, That should this prohibition be declared
unconstitutional by a court of competent jurisdiction, this section
shall be null and void.</DELETED>
<DELETED> Sec. 104. None of the funds appropriated under this title
shall be used to require any person to perform, or facilitate in any
way the performance of, any abortion.</DELETED>
<DELETED> Sec. 105. Nothing in the preceding section shall remove
the obligation of the Director of the Bureau of Prisons to provide
escort services necessary for a female inmate to receive such service
outside the Federal facility: Provided, That nothing in this section in
any way diminishes the effect of section 104 intended to address the
philosophical beliefs of individual employees of the Bureau of
Prisons.</DELETED>
<DELETED> Sec. 106. 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.</DELETED>
<DELETED> Sec. 107. 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.</DELETED>
<DELETED> Sec. 108. 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.</DELETED>
<DELETED> Sec. 109. Section 286 of the Immigration and Nationality
Act (8 U.S.C. 1356), as amended, is further amended as
follows:</DELETED>
<DELETED> (1) by striking in subsection (d) ``$6'', and
inserting ``$7'';</DELETED>
<DELETED> (2) by amending subsection (e)(1), by replacing
``No'' with ``Except as provided in paragraph (3), no'';
and</DELETED>
<DELETED> (3) by adding a new paragraph (e)(3) as
follows:</DELETED>
<DELETED> ``(3) The Attorney General is authorized to charge
and collect $3 per individual for the immigration inspection or
pre-inspection of each commercial vessel passenger whose
journey originated in the United States or in any place set
forth in paragraph (1): Provided, That this authorization shall
not apply to immigration inspection at designated ports of
entry of passengers arriving by the following vessels, when
operating on a regular schedule: Great Lakes international
ferries, or Great Lakes Vessels on the Great Lakes and
connecting waterways.''.</DELETED>
<DELETED> This title may be cited as the ``Department of Justice
Appropriations Act, 2002''.</DELETED>
<DELETED>TITLE II--DEPARTMENT OF COMMERCE AND RELATED
AGENCIES</DELETED>
<DELETED>Trade and Infrastructure Development</DELETED>
<DELETED>RELATED AGENCIES</DELETED>
<DELETED>Office of the United States Trade Representative</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> For necessary expenses of the Office of the United States
Trade Representative, including the hire of passenger motor vehicles
and the 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.</DELETED>
<DELETED>International Trade Commission</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> 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.</DELETED>
<DELETED>DEPARTMENT OF COMMERCE</DELETED>
<DELETED>International Trade Administration</DELETED>
<DELETED>operations and administration</DELETED>
<DELETED> For necessary expenses for international trade activities
of the Department of Commerce provided for by law, and for 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, $347,654,000, 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 $66,919,000 shall be for
Trade Development, $27,741,000 shall be for Market Access and
Compliance, $43,346,000 shall be for the Import Administration,
$196,791,000 shall be for the United States and Foreign Commercial
Service, and $12,857,000 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.</DELETED>
<DELETED>Export Administration</DELETED>
<DELETED>operations and administration</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Economic Development Administration</DELETED>
<DELETED>economic development assistance programs</DELETED>
<DELETED> 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, $335,000,000, to remain available
until expended.</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Minority Business Development Agency</DELETED>
<DELETED>minority business development</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Economic and Information Infrastructure</DELETED>
<DELETED>Economic and Statistical Analysis</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Bureau of the Census</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> For expenses necessary for collecting, compiling,
analyzing, preparing, and publishing statistics, provided for by law,
$169,424,000.</DELETED>
<DELETED>periodic censuses and programs</DELETED>
<DELETED> For necessary expenses related to the 2000 decennial
census, $114,238,000 (reduced by $2,500,000) to remain available until
expended: Provided, That, of the total amount available related to the
2000 decennial census ($114,238,000 in new appropriations and
$25,000,000 in deobligated balances from prior years), $8,606,000 is
for Program Development and Management; $68,330,000 is for Data Content
and Products; $9,455,000 is for Field Data Collection and Support
Systems; $24,462,000 is for Automated Data Processing and
Telecommunications Support; $22,844,000 is for Testing and Evaluation;
$3,105,000 is for activities related to Puerto Rico, the Virgin Islands
and Pacific Areas; and $2,436,000 is for Marketing, Communications and
Partnership activities.</DELETED>
<DELETED> In addition, for expenses related to planning, testing,
and implementing the long-form transitional database for the 2010
decennial census, $65,000,000 (increased by $2,500,000).</DELETED>
<DELETED> In addition, for expenses to collect and publish
statistics for other periodic censuses and programs provided for by
law, $171,138,000, to remain available until expended: Provided, That
regarding engineering and design of a facility at the Suitland Federal
Center, quarterly reports regarding the expenditure of funds and
project planning, design and cost decisions shall be provided by the
Bureau, in cooperation with the General Services Administration, to the
Committees on Appropriations of the Senate and the House of
Representatives: Provided further, That none of the funds provided in
this Act or any other Act under the heading ``Bureau of the Census,
Periodic Censuses and Programs'' shall be used to fund the construction
and tenant build-out costs of a facility at the Suitland Federal
Center.</DELETED>
<DELETED>National Telecommunications and Information
Administration</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> For necessary expenses, as provided for by law, of the
National Telecommunications and Information Administration (NTIA),
$13,048,000, 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
hereafter, notwithstanding any other provision of law, NTIA shall not
authorize spectrum use or provide any spectrum functions pursuant to
the National Telecommunications and Information Administration
Organization Act, 47 U.S.C. 902-903, to any Federal entity without
reimbursement as required by NTIA for such spectrum management costs,
and Federal entities withholding payment of such cost shall not use
spectrum: 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.</DELETED>
<DELETED>public telecommunications facilities, planning and
construction</DELETED>
<DELETED> 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.</DELETED>
<DELETED>information infrastructure grants</DELETED>
<DELETED> 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.</DELETED>
<DELETED>United States Patent and Trademark Office</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> 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,
$846,701,000, 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 a final 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
$846,701,000, 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.</DELETED>
<DELETED>Science and Technology</DELETED>
<DELETED>Technology Administration</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> For necessary expenses for the Under Secretary for
Technology/Office of Technology Policy, $8,094,000.</DELETED>
<DELETED>National Institute of Standards and Technology</DELETED>
<DELETED>scientific and technical research and services</DELETED>
<DELETED> For necessary expenses of the National Institute of
Standards and Technology, $348,589,000, to remain available until
expended, of which not to exceed $282,000 may be transferred to the
``Working Capital Fund''.</DELETED>
<DELETED>industrial technology services</DELETED>
<DELETED> For necessary expenses of the Manufacturing Extension
Partnership of the National Institute of Standards and Technology,
$106,522,000, to remain available until expended.</DELETED>
<DELETED> In addition, for necessary expenses of the Advanced
Technology Program of the National Institute of Standards and
Technology, $12,992,000, to remain available until expended.</DELETED>
<DELETED>construction of research facilities</DELETED>
<DELETED> 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,
$20,893,000, to remain available until expended.</DELETED>
<DELETED>National Oceanic and Atmospheric Administration</DELETED>
<DELETED>operations, research, and facilities</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> 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,
$2,197,298,000, to remain available until expended: 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 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 $2,220,298,000
provided for in direct obligations under this heading (of which
$2,197,298,000 is appropriated from the General Fund, $71,000,000 is
provided by transfer, and $17,000,000 is derived from deobligations
from prior years), $375,609,000 shall be for the National Ocean
Service, $542,121,000 shall be for the National Marine Fisheries
Service, $317,483,000 shall be for Oceanic and Atmospheric Research,
$659,349,000 shall be for the National Weather Service, $149,624,000
shall be for the National Environmental Satellite, Data, and
Information Service, and $176,112,000 shall be for Program Support:
Provided further, That, hereafter, ocean assessment, coastal ocean,
protected resources, and habitat conservation activities under this
heading shall be considered to be within the ``Coastal Assistance sub-
category'' in section 250(c)(4)(K) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further, That, of the
amount provided under this heading, $304,000,000 shall be for the
conservation activities defined in section 250(c)(4)(K) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended: 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
so that total National Oceanic and Atmospheric Administration
administrative expenses shall not exceed $257,200,000: Provided
further, That any use of deobligated balances of funds provided under
this heading in previous years shall be subject to the procedures set
forth in section 605 of this Act: Provided further, That, in addition,
not to exceed $3,000,000 shall be derived by transfer from the fund
entitled ``Coastal Zone Management''.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>procurement, acquisition and construction</DELETED>
<DELETED>(including transfers of funds)</DELETED>
<DELETED> For procurement, acquisition and construction of capital
assets, including alteration and modification costs, of the National
Oceanic and Atmospheric Administration, $749,000,000, 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, $26,000,000 shall be for the conservation activities defined
in section 250(c)(4)(K) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: 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.</DELETED>
<DELETED>pacific coastal salmon recovery</DELETED>
<DELETED> For necessary expenses associated with the restoration of
Pacific salmon populations and the implementation of the 1999 Pacific
Salmon Treaty Agreement between the United States and Canada,
$110,000,000, subject to express authorization: Provided, That this
amount shall be for the conservation activities defined in section
250(c)(4)(K) of the Balanced Budget and Emergency Deficit Control Act
of 1985, as amended.</DELETED>
<DELETED> In addition, for implementation of the 1999 Pacific Salmon
Treaty Agreement, $25,000,000, of which $10,000,000 shall be deposited
in the Northern Boundary and Transboundary Rivers Restoration and
Enhancement Fund, of which $10,000,000 shall be deposited in the
Southern Boundary Restoration and Enhancement Fund, and of which
$5,000,000 shall be for a direct payment to the State of Washington for
obligations under the 1999 Pacific Salmon Treaty Agreement.</DELETED>
<DELETED>coastal zone management fund</DELETED>
<DELETED> 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.</DELETED>
<DELETED>fishermen's contingency fund</DELETED>
<DELETED> 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.</DELETED>
<DELETED>foreign fishing observer fund</DELETED>
<DELETED> 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.</DELETED>
<DELETED>fisheries finance program account</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Departmental Management</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> For expenses necessary for the departmental management of
the Department of Commerce provided for by law, including not to exceed
$3,000 for official entertainment, $37,843,000 (reduced by
$2,000,000).</DELETED>
<DELETED>office of inspector general</DELETED>
<DELETED> 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.</DELETED>
<DELETED>General Provisions--Department of Commerce</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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).</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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.).</DELETED>
<DELETED> 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.</DELETED>
<DELETED> This title may be cited as the ``Department of Commerce
and Related Agencies Appropriations Act, 2002''.</DELETED>
<DELETED>TITLE III--THE JUDICIARY</DELETED>
<DELETED>Supreme Court of the United States</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> 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; $42,066,000.</DELETED>
<DELETED>care of the building and grounds</DELETED>
<DELETED> 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),
$70,000,000, which shall remain available until expended.</DELETED>
<DELETED>United States Court of Appeals for the Federal
Circuit</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> For salaries of the chief judge, judges, and other
officers and employees, and for necessary expenses of the court, as
authorized by law, $19,287,000.</DELETED>
<DELETED>United States Court of International Trade</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> 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,
$13,073,000.</DELETED>
<DELETED>Courts of Appeals, District Courts, and Other Judicial
Services</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> 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, $3,631,940,000 (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.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>defender services</DELETED>
<DELETED> 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; 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); and for necessary
training and general administrative expenses, $500,671,000, to remain
available until expended as authorized by 18 U.S.C. 3006A(i).</DELETED>
<DELETED>fees of jurors and commissioners</DELETED>
<DELETED> 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)), $48,131,000, 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.</DELETED>
<DELETED>court security</DELETED>
<DELETED> For necessary expenses, not otherwise provided for,
incident to providing protective guard services for United States
courthouses and the procurement, installation, and maintenance of
security equipment for United States courthouses and other facilities
housing Federal court operations, 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),
$224,433,000, of which not to exceed $10,000,000 shall remain available
until expended for security systems or 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.</DELETED>
<DELETED>Administrative Office of the United States Courts</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> 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, $60,029,000, of which not to exceed $8,500
is authorized for official reception and representation
expenses.</DELETED>
<DELETED>Federal Judicial Center</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> For necessary expenses of the Federal Judicial Center, as
authorized by Public Law 90-219, $20,235,000; 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.</DELETED>
<DELETED>Judicial Retirement Funds</DELETED>
<DELETED>payment to judiciary trust funds</DELETED>
<DELETED> 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.</DELETED>
<DELETED>United States Sentencing Commission</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> For the salaries and expenses necessary to carry out the
provisions of chapter 58 of title 28, United States Code, $11,575,000,
of which not to exceed $1,000 is authorized for official reception and
representation expenses.</DELETED>
<DELETED>General Provisions--the Judiciary</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> Sec. 304. Of the unexpended balances transferred to the
Commission on Structural Alternatives in Federal Appellate Courts, up
to $400,000 may be expended on court operations under the ``Courts of
Appeals, District Courts, and other Judicial Services, Salaries and
Expenses''.</DELETED>
<DELETED> This title may be cited as the ``Judiciary Appropriations
Act, 2002''.</DELETED>
<DELETED>TITLE IV--DEPARTMENT OF STATE AND RELATED AGENCY</DELETED>
<DELETED>DEPARTMENT OF STATE</DELETED>
<DELETED>Administration of Foreign Affairs</DELETED>
<DELETED>diplomatic and consular programs</DELETED>
<DELETED> 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 by section 801 of the United States Information and
Educational Exchange Act of 1948, as amended; 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, $3,166,000,000 (reduced by
$8,000,000): 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, $270,259,000 shall be
available only for public diplomacy international information programs:
Provided further, That, notwithstanding any other provision of law, not
to exceed $323,000,000 of offsetting collections derived from fees
collected under the authority of section 140(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
$323,000,000 in fiscal year 2002 shall remain available until expended,
but shall not be available for obligation until October 1, 2002:
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.</DELETED>
<DELETED> In addition, not to exceed $1,343,000 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.</DELETED>
<DELETED> In addition, for the costs of worldwide security upgrades,
$487,735,000, to remain available until expended.</DELETED>
<DELETED>capital investment fund</DELETED>
<DELETED> For necessary expenses of the Capital Investment Fund,
$210,000,000 (reduced by $7,000,000), 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.</DELETED>
<DELETED>office of inspector general</DELETED>
<DELETED> For necessary expenses of the Office of Inspector General,
$29,264,000, notwithstanding section 209(a)(1) of the Foreign Service
Act of 1980, as amended (Public Law 96-465), as it relates to post
inspections.</DELETED>
<DELETED>educational and cultural exchange programs</DELETED>
<DELETED> For expenses of educational and cultural exchange
programs, as authorized, $237,000,000, to remain available until
expended: Provided, That not to exceed $2,000,000, to remain available
until expended, may be credited to this appropriation from fees or
other payments received from or in connection with English teaching,
educational advising and counseling programs, and exchange visitor
programs as authorized.</DELETED>
<DELETED>representation allowances</DELETED>
<DELETED> For representation allowances as authorized,
$6,485,000.</DELETED>
<DELETED>protection of foreign missions and officials</DELETED>
<DELETED> For expenses, not otherwise provided, to enable the
Secretary of State to provide for extraordinary protective services, as
authorized, $9,400,000, to remain available until September 30,
2003.</DELETED>
<DELETED>embassy security, construction, and maintenance</DELETED>
<DELETED> 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 Harry S Truman Building, and
carrying out the Diplomatic Security Construction Program as
authorized, $470,000,000, 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, furnishings, or generators for other departments and
agencies.</DELETED>
<DELETED> In addition, for the costs of worldwide security upgrades,
acquisition, and construction as authorized, $815,960,000, to remain
available until expended.</DELETED>
<DELETED>emergencies in the diplomatic and consular service</DELETED>
<DELETED> For expenses necessary to enable the Secretary of State to
meet unforeseen emergencies arising in the Diplomatic and Consular
Service, $10,000,000, 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.</DELETED>
<DELETED>repatriation loans program account</DELETED>
<DELETED> 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.</DELETED>
<DELETED>payment to the american institute in taiwan</DELETED>
<DELETED> For necessary expenses to carry out the Taiwan Relations
Act, Public Law 96-8, $17,044,000.</DELETED>
<DELETED>payment to the foreign service retirement and disability
fund</DELETED>
<DELETED> For payment to the Foreign Service Retirement and
Disability Fund, as authorized by law, $135,629,000.</DELETED>
<DELETED>International Organizations and Conferences</DELETED>
<DELETED>contributions to international organizations</DELETED>
<DELETED> 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,
$850,000,000: 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, of the funds appropriated in this
paragraph, $100,000,000 may be made available only pursuant to a
certification by the Secretary of State that the United Nations has
taken no action in calendar year 2001 prior to the date of enactment of
this Act to increase funding for any United Nations program without
identifying an offsetting decrease elsewhere in the United Nations
budget and cause the United Nations to exceed the budget for the
biennium 2000-2001 of $2,535,700,000: Provided further, That if the
Secretary of State is unable to make the aforementioned certification,
the $100,000,000 is to be applied to paying the current year assessment
for other international organizations for which the assessment has not
been paid in full or to paying the assessment due in the next fiscal
year for such organizations, subject to the reprogramming procedures
contained in section 605 of this Act: 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.</DELETED>
<DELETED>contributions for international peacekeeping
activities</DELETED>
<DELETED> For necessary expenses to pay assessed and other expenses
of international peacekeeping activities directed to the maintenance or
restoration of international peace and security, $844,139,000:
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 to 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: Provided further, That funds shall be available for
peacekeeping expenses only upon a certification by the Secretary of
State to the appropriate committees of the Congress that American
manufacturers and suppliers are being given opportunities to provide
equipment, services, and material for United Nations peacekeeping
activities equal to those being given to foreign manufacturers and
suppliers: Provided further, That none of the funds made available
under this heading are available to pay the United States share of the
cost of court monitoring that is part of any United Nations
peacekeeping mission.</DELETED>
<DELETED>international commissions</DELETED>
<DELETED> For necessary expenses, not otherwise provided for, to
meet obligations of the United States arising under treaties, or
specific Acts of Congress, as follows:</DELETED>
<DELETED>international boundary and water commission, united states and
mexico</DELETED>
<DELETED> 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:</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> For salaries and expenses, not otherwise provided for,
$24,705,000.</DELETED>
<DELETED>construction</DELETED>
<DELETED> For detailed plan preparation and construction of
authorized projects, $5,520,000, to remain available until expended, as
authorized.</DELETED>
<DELETED>american sections, international commissions</DELETED>
<DELETED> 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,
$10,311,000, of which not to exceed $9,000 shall be available for
representation expenses incurred by the International Joint
Commission.</DELETED>
<DELETED>international fisheries commissions</DELETED>
<DELETED> For necessary expenses for international fisheries
commissions, not otherwise provided for, as authorized by law,
$19,780,000: Provided, That the United States' share of such expenses
may be advanced to the respective commissions pursuant to 31 U.S.C.
3324.</DELETED>
<DELETED>Other</DELETED>
<DELETED>payment to the asia foundation</DELETED>
<DELETED> For a grant to the Asia Foundation, as authorized by the
Asia Foundation Act (22 U.S.C. 4402), as amended, $9,250,000, to remain
available until expended, as authorized.</DELETED>
<DELETED>eisenhower exchange fellowship program trust fund</DELETED>
<DELETED> 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.</DELETED>
<DELETED>israeli arab scholarship program</DELETED>
<DELETED> 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.</DELETED>
<DELETED> east-west center</DELETED>
<DELETED> 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,
$9,400,000: 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.</DELETED>
<DELETED>national endowment for democracy</DELETED>
<DELETED> For grants made by the Department of State to the National
Endowment for Democracy as authorized by the National Endowment for
Democracy Act, $33,500,000, to remain available until
expended.</DELETED>
<DELETED>RELATED AGENCY</DELETED>
<DELETED>Broadcasting Board of Governors</DELETED>
<DELETED>international broadcasting operations</DELETED>
<DELETED> For expenses necessary to enable the Broadcasting Board of
Governors, as authorized, to carry out international communication
activities, including the purchase, installation, rent, construction,
and improvement of facilities for radio and television transmission and
reception to Cuba, $453,106,000, 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.</DELETED>
<DELETED>broadcasting capital improvements</DELETED>
<DELETED> 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, $25,900,000, to remain
available until expended, as authorized.</DELETED>
<DELETED>General Provisions--Department of State and Related
Agency</DELETED>
<DELETED> 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 for hire of
passenger transportation pursuant to 31 U.S.C. 1343(b).</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> This title may be cited as the ``Department of State and
Related Agency Appropriations Act, 2002''.</DELETED>
<DELETED>TITLE V--RELATED AGENCIES</DELETED>
<DELETED>DEPARTMENT OF TRANSPORTATION</DELETED>
<DELETED>Maritime Administration</DELETED>
<DELETED>maritime security program</DELETED>
<DELETED> 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.</DELETED>
<DELETED>operations and training</DELETED>
<DELETED> 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 United
States Merchant Marine Academy.</DELETED>
<DELETED>ship disposal</DELETED>
<DELETED> For necessary expenses related to the disposal of obsolete
vessels in the National Defense Reserve Fleet of the Maritime
Administration, $10,000,000, to remain available until
expended.</DELETED>
<DELETED>maritime guaranteed loan (title xi) program account</DELETED>
<DELETED> For the cost of guaranteed loans, as authorized by the
Merchant Marine Act, 1936, $30,000,000, 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: Provided further, That during fiscal
year 2002, commitments to subsidize loans authorized under this heading
shall not exceed $1,000,000,000 without prior notification of the
Committees on Appropriations of the House of Representatives and Senate
in accordance with section 605 of this Act.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>administrative provisions--maritime administration</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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 Appropriations Act.</DELETED>
<DELETED>Commission for the Preservation of America's Heritage
Abroad</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Commission on Civil Rights</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Commission on International Religious Freedom</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> For necessary expenses for the United States Commission on
International Religious Freedom, as authorized by title II of the
International Religious Freedom Act of 1998 (Public Law 105-292),
$3,000,000, to remain available until expended.</DELETED>
<DELETED>Commission on Security and Cooperation in Europe</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> For necessary expenses of the Commission on Security and
Cooperation in Europe, as authorized by Public Law 94-304, $1,499,000,
to remain available until expended as authorized by section 3 of Public
Law 99-7.</DELETED>
<DELETED>Congressional-Executive Commission on the People's Republic of
China</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> For necessary expenses of the Congressional-Executive
Commission on the People's Republic of China, as authorized, $500,000,
to remain available until expended.</DELETED>
<DELETED>Equal Employment Opportunity Commission</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> 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 $30,000,000 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.</DELETED>
<DELETED>Federal Communications Commission</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> 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, $238,597,000, 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 $19,840,000: 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.</DELETED>
<DELETED>Federal Maritime Commission</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> 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, $15,466,000: Provided, That not to exceed $2,000
shall be available for official reception and representation
expenses.</DELETED>
<DELETED>Federal Trade Commission</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> 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, $155,982,000: 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
section 3302(b) of title 31, United States Code, not to exceed
$155,982,000 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) 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).</DELETED>
<DELETED>Legal Services Corporation</DELETED>
<DELETED>payment to the legal services corporation</DELETED>
<DELETED> 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.</DELETED>
<DELETED>administrative provision--legal services corporation</DELETED>
<DELETED> 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.</DELETED>
<DELETED> Section 504(a)(16) of Public Law 104-134 is hereafter
amended by striking ``if such relief does not involve'' and all that
follows through ``representation''.</DELETED>
<DELETED>Marine Mammal Commission</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> For necessary expenses of the Marine Mammal Commission as
authorized by title II of Public Law 92-522, as amended,
$1,732,000.</DELETED>
<DELETED>National Veterans Business Development Corporation</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Pacific Charter Commission</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> For necessary expenses for the Pacific Charter Commission,
as authorized by the Pacific Charter Commission Act of 2000 (Public Law
106-570), $2,500,000, to remain available until expended.</DELETED>
<DELETED>Securities and Exchange Commission</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> 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 previous fiscal years, $328,400,000, 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.</DELETED>
<DELETED>Small Business Administration</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> 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, $303,581,000 (increased by $7,000,000):
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.</DELETED>
<DELETED>office of inspector general</DELETED>
<DELETED> 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.), $11,927,000.</DELETED>
<DELETED>business loans program account</DELETED>
<DELETED> For the cost of direct loans, $1,500,000, to be available
until expended; and for the cost of guaranteed loans, $77,000,000
(increased by $10,000,000), 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 $3,750,000,000:
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 guarantee commitments 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 (15 U.S.C. 631 note).</DELETED>
<DELETED> 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.</DELETED>
<DELETED>disaster loans program account</DELETED>
<DELETED> For the cost of direct loans authorized by section 7(b) of
the Small Business Act, as amended, $84,510,000, 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.</DELETED>
<DELETED> In addition, for administrative expenses to carry out the
direct loan program, $120,354,000, 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
$110,000,000 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.</DELETED>
<DELETED>administrative provision--small business
administration</DELETED>
<DELETED> 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.</DELETED>
<DELETED>State Justice Institute</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> 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), $6,835,000, to remain
available until expended: Provided, That not to exceed $2,500 shall be
available for official reception and representation expenses.</DELETED>
<DELETED>TITLE VI--GENERAL PROVISIONS</DELETED>
<DELETED> Sec. 601. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes not authorized
by the Congress.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> Sec. 604. If any provision of this Act or the application
of such provision to any person or circumstances shall be held invalid,
the remainder of the Act and the application of each provision to
persons or circumstances other than those as to which it is held
invalid shall not be affected thereby.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> Sec. 606. 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.</DELETED>
<DELETED> Sec. 607. (a) Purchase of American-Made Equipment and
Products.--It is the sense of the Congress that, to the greatest extent
practicable, all equipment and products purchased with funds made
available in this Act should be American-made.</DELETED>
<DELETED> (b) Notice Requirement.--In providing financial assistance
to, or entering into any contract with, any entity using funds made
available in this Act, the head of each Federal agency, to the greatest
extent practicable, shall provide to such entity a notice describing
the statement made in subsection (a) by the Congress.</DELETED>
<DELETED> (c) Prohibition of Contracts With Persons Falsely Labeling
Products as Made in America.--If it has been finally determined by a
court or Federal agency that any person intentionally affixed a label
bearing a ``Made in America'' inscription, or any inscription with the
same meaning, to any product sold in or shipped to the United States
that is not made in the United States, the person shall be ineligible
to receive any contract or subcontract made with funds made available
in this Act, pursuant to the debarment, suspension, and ineligibility
procedures described in sections 9.400 through 9.409 of title 48, Code
of Federal Regulations.</DELETED>
<DELETED> Sec. 608. 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 it is made known to the Federal entity or official to
which such funds are made available that such guidelines do not differ
in any respect from the proposed guidelines published by the Commission
on October 1, 1993 (58 Fed. Reg. 51266).</DELETED>
<DELETED> Sec. 609. None of the funds made available by this Act may
be used for any United Nations undertaking when it is made known to the
Federal official having authority to obligate or expend such funds: (1)
that the United Nations undertaking is a peacekeeping mission; (2) that
such undertaking will involve United States Armed Forces under the
command or operational control of a foreign national; and (3) that 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.</DELETED>
<DELETED> Sec. 610. (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.</DELETED>
<DELETED> (b) The requirements in subparagraphs (A) and (B) of
section 609 of that Act shall continue to apply during fiscal year
2002.</DELETED>
<DELETED> Sec. 611. None of the funds made available in this Act
shall be used to provide the following amenities or personal comforts
in the Federal prison system--</DELETED>
<DELETED> (1) in-cell television viewing except for
prisoners who are segregated from the general prison population
for their own safety;</DELETED>
<DELETED> (2) the viewing of R, X, and NC-17 rated movies,
through whatever medium presented;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (4) possession of in-cell coffee pots, hot plates
or heating elements; or</DELETED>
<DELETED> (5) the use or possession of any electric or
electronic musical instrument.</DELETED>
<DELETED> Sec. 612. None of the funds made available in title II for
the National Oceanic and Atmospheric Administration (NOAA) under the
headings ``Operations, Research, and Facilities'' and ``Procurement,
Acquisition and Construction'' may be used to implement sections 603,
604, and 605 of Public Law 102-567: Provided, That NOAA may develop a
modernization plan for its fisheries research vessels that takes fully
into account opportunities for contracting for fisheries
surveys.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> Sec. 614. Hereafter, none of the funds made available in
this Act to the Federal Bureau of Prisons may be used to distribute or
make available any commercially published information or material to a
prisoner when it is made known to the Federal official having authority
to obligate or expend such funds that such information or material is
sexually explicit or features nudity.</DELETED>
<DELETED> Sec. 615. Of the funds appropriated in this Act under the
heading ``Office of Justice Programs--State and Local Law Enforcement
Assistance'', not more than 90 percent of the amount to be awarded to
an entity under the Local Law Enforcement Block Grant shall be made
available to such an entity when it is made known to the Federal
official having authority to obligate or expend such funds that the
entity that employs a public safety officer (as such term is defined in
section 1204 of title I of the Omnibus Crime Control and Safe Streets
Act of 1968) does not provide such a public safety officer who retires
or is separated from service due to injury suffered as the direct and
proximate result of a personal injury sustained in the line of duty
while responding to an emergency situation or a hot pursuit (as such
terms are defined by State law) with the same or better level of health
insurance benefits at the time of retirement or separation as they
received while on duty.</DELETED>
<DELETED> Sec. 616. None of the funds provided by this Act shall be
available to promote the sale or export of tobacco or tobacco products,
or to seek the reduction or removal by any foreign country of
restrictions on the marketing of tobacco or tobacco products, except
for restrictions which are not applied equally to all tobacco or
tobacco products of the same type.</DELETED>
<DELETED> Sec. 617. (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.</DELETED>
<DELETED> (b) Subsection (a)(1) of section 616 of that Act, as
amended, is further amended by striking ``Claudy Myrthil,''.</DELETED>
<DELETED> (c) The requirements in subsections (b) and (c) of section
616 of that Act shall continue to apply during fiscal year
2002.</DELETED>
<DELETED> Sec. 618. 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.</DELETED>
<DELETED> Sec. 619. 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 $575,000,000 shall not be
available for obligation until the following fiscal year.</DELETED>
<DELETED> Sec. 620. None of the funds made available to the
Department of Justice in this Act may be used to discriminate against
or denigrate the religious or moral beliefs of students who participate
in programs for which financial assistance is provided from those
funds, or of the parents or legal guardians of such students.</DELETED>
<DELETED> Sec. 621. None of the funds appropriated in this Act 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.</DELETED>
<DELETED> Sec. 622. 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.</DELETED>
<DELETED> Sec. 623. No funds appropriated or otherwise made
available under this Act shall be made available to any person or
entity that has been convicted of violating the Buy American Act (41
U.S.C. 10a-10c).</DELETED>
<DELETED> Sec. 624. None of the funds appropriated in title I of
this Act may be used to prohibit States from participating in voluntary
child safety gun lock programs.</DELETED>
<DELETED> Sec. 625. None of the funds appropriated in this Act may
be used to negotiate or pay any request or claim by the Government of
the People's Republic of China for reimbursement of the costs
associated with the detention of the crewmembers of the United States
Navy EP-3 aircraft that was forced to land on Hainan Island, China, on
April 1, 2001, or for reimbursement of any of the costs associated with
the return of the aircraft to the United States.</DELETED>
<DELETED> Sec. 626. 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.</DELETED>
<DELETED>TITLE VII--RESCISSIONS</DELETED>
<DELETED>DEPARTMENT OF COMMERCE</DELETED>
<DELETED>Departmental Management</DELETED>
<DELETED>emergency oil and gas guaranteed loan program
account</DELETED>
<DELETED>(rescission)</DELETED>
<DELETED> Of the unobligated balances available under this heading
from prior year appropriations, $115,000,000 are rescinded.</DELETED>
<DELETED>emergency steel guaranteed loan program account</DELETED>
<DELETED>(rescission)</DELETED>
<DELETED> Of the unobligated balances available under this heading
from prior year appropriations, $10,000,000 are rescinded.</DELETED>
<DELETED> This Act may be cited as the ``Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies Appropriations
Act, 2002''.</DELETED>
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''.
Passed the House of Representatives July 18, 2001.
Attest:
JEFF TRANDAHL,
Clerk.
Passed the Senate September 13, 2001.
Attest:
JERI THOMSON,
Secretary.