[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2500 Reported in House (RH)]
Union Calendar No. 79
107th CONGRESS
1st Session
H. R. 2500
[Report No. 107-139]
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 13, 2001
Mr. Wolf, from the Committee on Appropriations, reported the following
bill; which was committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______________________________________________________________________
A BILL
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, 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, $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.
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, $15,957,000, 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, $104,615,000, to remain available until expended.
counterterrorism fund
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.
administrative review and appeals
For expenses necessary for the administration of pardon and
clemency petitions and immigration-related activities, $178,751,000.
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,
$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.
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, $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.
United States Parole Commission
salaries and expenses
For necessary expenses of the United States Parole Commission as
authorized by law, $10,915,000.
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, $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.
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, $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.
salaries and expenses, united states attorneys
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.
united states trustee system fund
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.
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, $1,136,000.
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, $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.
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,
$6,628,000 to remain available until expended.
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, $724,682,000, 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, $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.
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: 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.
assets forfeiture fund
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.
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 as in effect
on June 1, 2000, $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, $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.
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 1,236
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.
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; $1,250,000, 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 1,358 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.
Immigration and Naturalization Service
salaries and expenses
For expenses necessary for the administration and enforcement of
the laws relating to immigration, naturalization, and alien
registration, as follows:
enforcement and border affairs
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.
citizenship and benefits, immigration support and program direction
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.
construction
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.
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, $3,830,971,000: 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.
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,
$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.
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 (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, $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).
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.
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''); 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:
(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:
(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,
(B) $6,000,000 shall be for the National Police
Athletic League pursuant to Public Law 106-367, and
(C) $19,956,000 shall be available for grants,
contracts, and other assistance to carry out section
102(c) of H.R. 728;
(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;
(3) $35,000,000 for the Cooperative Agreement Program;
(4) $48,162,000 for assistance to Indian tribes, of which:
(A) $35,191,000 shall be available for grants under
section 20109(a)(2) of subtitle A of title II of the
1994 Act,
(B) $7,982,000 shall be available for the Tribal
Courts Initiative, and
(C) $4,989,000 shall be available for demonstration
grants on alcohol and crime in Indian Country;
(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;
(6) $11,975,000 for the Court Appointed Special Advocate
Program, as authorized by section 218 of the 1990 Act;
(7) $2,296,000 for Child Abuse Training Programs for
Judicial Personnel and Practitioners, as authorized by section
224 of the 1990 Act;
(8) $998,000 for grants for televised testimony, as
authorized by section 1001(a)(7) of the 1968 Act;
(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:
(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,
(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) $5,000,000 shall be for the National Institute
of Justice for grants, contracts, and other assistance
for research on family 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) $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;
(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;
(15) $40,000,000 for Legal Assistance for Victims, as
authorized by section 1201 of Public Law 106-386;
(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;
(17) $15,000,000 for the Safe Havens for Children Pilot
Program as authorized by section 1301 of Public Law 106-386;
(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;
(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;
(20) $7,500,000 for Education and Training to end violence
against and abuse of women with disabilities, as authorized by
section 1402 of P.L. 106-386;
(21) $10,000,000 for victim services programs for victims
of trafficking, as authorized by section 107(b)(2) of Public
Law 106-386;
(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;
(23) $898,000 for the Missing Alzheimer's Disease Patient
Alert Program, as authorized by section 240001(c) of the 1994
Act;
(24) $50,000,000 for Drug Courts, as authorized by title V
of the 1994 Act;
(25) $1,497,000 for Law Enforcement Family Support
Programs, as authorized by section 1001(a)(21) of the 1968 Act;
(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;
(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
(28) $1,298,000 for 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), $1,013,498,000, 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.
Of the amounts provided:
(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;
(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;
(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;
(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
(5) not to exceed $32,994,000 for program management and
administration.
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, $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.
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.
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. 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.
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.
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.
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.
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.
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.
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.
Sec. 109. Section 286 of the Immigration and Nationality Act (8
U.S.C. 1356), as amended, is further amended as follows:
(1) by striking in subsection (d) ``$6'', and inserting
``$7'';
(2) by amending subsection (e)(1), by replacing ``No'' with
``Except as provided in paragraph (3), no''; and
(3) by adding a new paragraph (e)(3) as follows:
``(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.''.
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 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.
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 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.
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, $335,000,000, 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,
$169,424,000.
periodic censuses and programs
For necessary expenses related to the 2000 decennial census,
$114,238,000 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.
In addition, for expenses related to planning, testing, and
implementing the long-form transitional database for the 2010 decennial
census, $65,000,000.
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.
National Telecommunications and Information Administration
salaries and expenses
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.
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.
United States 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,
$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.
Science and Technology
Technology Administration
salaries and expenses
For necessary expenses for the Under Secretary for Technology/
Office of Technology Policy, $8,094,000.
National Institute of Standards and Technology
scientific and technical research and services
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''.
industrial technology services
For necessary expenses of the Manufacturing Extension Partnership
of the National Institute of Standards and Technology, $106,522,000, to
remain available until expended.
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.
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,
$20,893,000, to remain available until expended.
National Oceanic and Atmospheric Administration
operations, research, and facilities
(including transfer 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, $2,197,298,000, 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''.
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.
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, $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.
pacific coastal salmon recovery
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.
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.
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
$3,000 for official entertainment, $37,843,000.
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.
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; $42,066,000.
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), $70,000,000, which
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, $19,287,000.
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,
$13,073,000.
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, $3,631,940,000 (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.
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; 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).
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)), $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.
court security
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.
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, $60,029,000, 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, $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.
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, $11,575,000, 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. 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''.
This title may be cited as the ``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 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: 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.
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.
In addition, for the costs of worldwide security upgrades,
$487,735,000, 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,
$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.
educational and cultural exchange programs
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.
representation allowances
For representation allowances as authorized, $6,485,000.
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,
$9,400,000, 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 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.
In addition, for the costs of worldwide security upgrades,
acquisition, and construction as authorized, $815,960,000, 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,
$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.
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, $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.
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, $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.
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, $24,705,000.
construction
For detailed plan preparation and construction of authorized
projects, $5,520,000, 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,
$10,311,000, 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, $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.
Other
payment to the asia foundation
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.
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,
$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.
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, $33,500,000, 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, 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.
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, $25,900,000, 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 for 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.
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.
ship disposal
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.
maritime guaranteed loan (title xi) program account
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.
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 Appropriations 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 International Religious Freedom
salaries and expenses
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.
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, $1,499,000,
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 $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.
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, $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.
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, $15,466,000: 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, $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).
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.
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.
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''.
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, $1,732,000.
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.
Pacific Charter Commission
salaries and expenses
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.
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 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: 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, $303,581,000: 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.
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.), $11,927,000.
business loans program account
For the cost of direct loans, $1,500,000, to be available until
expended; and for the cost of guaranteed loans, $77,000,000, 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
$4,100,000,000.
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, $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.
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.
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), $6,835,000, to remain
available until expended: Provided, That not to exceed $2,500 shall be
available for official reception and representation expenses.
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. 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.
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. 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. 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.
(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.
(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.
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).
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.
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.
(b) The requirements in subparagraphs (A) and (B) of section 609 of
that Act shall continue to apply during fiscal year 2002.
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--
(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. 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.
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 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.
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.
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.
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.
(b) Subsection (a)(1) of section 616 of that Act, as amended, is
further amended--
(1) by striking ``Claudy Myrthil,''.
(c) The requirements in subsections (b) and (c) of section 616 of
that Act shall continue to apply during fiscal year 2002.
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.
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.
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.
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.
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.
Sec. 623. None of the funds appropriated by this Act shall be used
to propose or issue rules, regulations, decrees, or orders for the
purpose of implementation, or in preparation for implementation, of the
Kyoto Protocol which was adopted on December 11, 1997, in Kyoto, Japan,
at the Third Conference of the Parties to the United Nations Framework
Convention on Climate Change, which has not been submitted to the
Senate for advice and consent to ratification pursuant to article II,
section 2, clause 2, of the United States Constitution, and which has
not entered into force pursuant to article 25 of the Protocol.
TITLE VII--RESCISSIONS
DEPARTMENT OF COMMERCE
Departmental Management
emergency oil and gas guaranteed loan program account
(rescission)
Of the unobligated balances available under this heading from prior
year appropriations, $115,000,000 are rescinded.
emergency steel guaranteed loan program account
(rescission)
Of the unobligated balances available under this heading from prior
year appropriations, $10,000,000 are rescinded.
This Act may be cited as the ``Departments of Commerce, Justice,
and State, the Judiciary, and Related Agencies Appropriations Act,
2002''.
Union Calendar No. 79
107th CONGRESS
1st Session
H. R. 2500
[Report No. 107-139]
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A BILL
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.
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July 13, 2001
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed