[Congressional Record Volume 147, Number 116 (Monday, September 10, 2001)]
[Senate]
[Pages S9260-S9277]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1533. Mr. HOLLINGS (for himself and Mr. Gregg) proposed an 
amendment to the bill H.R. 2500, 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; as follows:

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

                     TITLE I--DEPARTMENT OF JUSTICE

                         General Administration


                         salaries and expenses

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


                     joint automated booking system

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


                   legal activities office automation

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


                       narrowband communications

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


                             port security

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


                   administrative review and appeals

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


                           detention trustee

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


                      office of inspector general

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

                    United States Parole Commission


                         salaries and expenses

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

                            Legal Activities


            salaries and expenses, general legal activities

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

               salaries and expenses, antitrust division

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

[[Page S9261]]

     2002 appropriation from the general fund estimated at not 
     more than $0.


             salaries and expenses, united states attorneys

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


                   united states trustee system fund

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


      salaries and expenses, foreign claims settlement commission

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


         salaries and expenses, United States Marshals Service

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


                              construction

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


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

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


                       Federal Prisoner Detention

       For expenses, related to United States prisoners in the 
     custody of the United States Marshals Service, but not 
     including expenses otherwise provided for in appropriations 
     available to the Attorney General, $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, $156,145,000, to 
     remain available until expended; of which not to exceed 
     $6,000,000 may be made available for planning, construction, 
     renovations, maintenance, remodeling, and repair of 
     buildings, and the purchase of equipment incident thereto, 
     for protected witness safesites; of which not to exceed 
     $1,000,000 may be made available for the purchase and 
     maintenance of armored vehicles for transportation of 
     protected witnesses; and of which not to exceed $5,000,000 
     may be made available for the purchase, installation, and 
     maintenance of secure telecommunications equipment and a 
     secure automated information network to store and retrieve 
     the identities and locations of protected witnesses.


           salaries and expenses, Community Relations Service

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

                         assets forfeiture fund

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

                    Radiation Exposure Compensation


                        Administrative Expenses

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


         payment to radiation exposure compensation trust fund

       For payments to the Radiation Exposure Compensation Trust 
     Fund of claims covered by the Radiation Exposure Compensation 
     Act 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, $336,966,000, of which $50,000,000 shall remain 
     available until expended: Provided, That any amounts 
     obligated from appropriations under this heading may be used 
     under authorities available to the organizations reimbursed 
     from this appropriation: Provided further, That any 
     unobligated balances remaining available at the end of the 
     fiscal year shall revert to the Attorney General for 
     reallocation among participating organizations in succeeding 
     fiscal years, subject to the reprogramming procedures 
     described in section 605 of this Act.

                    Federal Bureau of Investigation


                         salaries and expenses

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


                              Construction

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

                    Drug Enforcement Administration


                         salaries and expenses

       For necessary expenses of the Drug Enforcement 
     Administration, including not to exceed $70,000 to meet 
     unforeseen emergencies of a confidential character, to be 
     expended under the direction of, and to be accounted for 
     solely under the certificate of,

[[Page S9262]]

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

                 Immigration and Naturalization Service


                         salaries and expenses

       For expenses, not otherwise provided for, necessary for the 
     administration and enforcement of the laws relating to 
     immigration, naturalization, and alien registration, 
     including not to exceed $50,000 to meet unforeseen 
     emergencies of a confidential character, to be expended under 
     the direction of, and to be accounted for solely under the 
     certificate of, the Attorney General; purchase for police-
     type use (not less than 3,165 passenger motor vehicles, of 
     which not less than 2,211 are for replacement only), without 
     regard to the general purchase price limitation for the 
     current fiscal year, and hire of passenger motor vehicles; 
     acquisition, lease, maintenance and operation of aircraft; 
     research related to immigration enforcement; for protecting 
     and maintaining the integrity of the borders of the United 
     States including, without limitation, equipping, maintaining, 
     and making improvements to the infrastructure; and for the 
     care and housing of Federal detainees held in the joint 
     Immigration and Naturalization Service and United States 
     Marshals Service's Buffalo Detention Facility, 
     $3,176,037,000; of which not to exceed $400,000 for research 
     shall remain available until expended; of which not to exceed 
     $10,000,000 shall be available for costs associated with the 
     training program for basic officer training; of which not to 
     exceed $5,000,000 is for payments or advances arising out of 
     contractual or reimbursable agreements with State and local 
     law enforcement agencies while engaged in cooperative 
     activities related to immigration; of which not to exceed 
     $5,000,000 is to fund or reimburse other Federal agencies for 
     the costs associated with the care, maintenance, and 
     repatriation of smuggled illegal aliens: Provided, That none 
     of the funds available to the Immigration and Naturalization 
     Service shall be available to pay any employee overtime pay 
     in an amount in excess of $1,153 per pay period during the 
     calendar year beginning January 1, 2002: Provided further, 
     That uniforms may be purchased without regard to the general 
     purchase price limitation for the current fiscal year: 
     Provided further, That not to exceed $45,000 shall be 
     available for official reception and representation expenses: 
     Provided further, That not to exceed 30 permanent positions 
     and 30 full-time equivalent workyears and not to exceed 
     $4,300,000 shall be expended for the Offices of Legislative 
     Affairs and Public Affairs: Provided further, That the latter 
     two aforementioned offices shall be augmented by personnel 
     details, temporary transfers of personnel on either a 
     reimbursable or non-reimbursable basis, or any other type of 
     formal or informal transfer or reimbursement of personnel or 
     funds on either a temporary or long-term basis and such 
     augmentation may not exceed 10 full-time equivalent 
     workyears.


                              Construction

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

                         Federal Prison System


                         salaries and expenses

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


                        Buildings and Facilities

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


                federal prison industries, incorporated

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


   limitation on administrative expenses, federal prison industries, 
                              incorporated

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

                       Office of Justice Programs


                           justice assistance

       For grants, contracts, cooperative agreements, and other 
     assistance authorized by title I of the Omnibus Crime Control 
     and Safe Streets Act of 1968, as amended (``the 1968 Act''), 
     and the Missing Children's Assistance Act, as amended, 
     including salaries and expenses in connection therewith, and 
     with the Victims of Crime Act of 1984, as amended, 
     $200,738,000, to remain available until expended, as 
     authorized by section 1001 of title I of the Omnibus Crime 
     Control and Safe Streets Act of 1968, as amended by Public 
     Law 102-534 (106 Stat. 3524).
       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, $364,000,000, 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''); and the 
     Victims of Child Abuse Act of 1990, as amended (``the 1990 
     Act''), $2,089,990,000 (including amounts for administrative 
     costs, which shall be transferred to

[[Page S9263]]

     and merged with the ``Justice Assistance'' account), to 
     remain available until expended as follows:
       (1) $400,000,000 for Local Law Enforcement Block Grants, 
     pursuant to H.R. 728 as passed by the House of 
     Representatives on February 14, 1995, except that for 
     purposes of this Act, Guam shall be considered a ``State'', 
     the Commonwealth of Puerto Rico shall be considered a ``unit 
     of local government'' as well as a ``State'', for the 
     purposes set forth in paragraphs (A), (B), (D), (F), and (I) 
     of section 101(a)(2) of H.R. 728 and for establishing crime 
     prevention programs involving cooperation between community 
     residents and law enforcement personnel in order to control, 
     detect, or investigate crime or the prosecution of criminals: 
     Provided, That no funds provided under this heading may be 
     used as matching funds for any other Federal grant program, 
     of which:
       (a) $80,000,000 shall be for Boys and Girls Clubs in public 
     housing facilities and other areas in cooperation with State 
     and local law enforcement: Provided, That funds may also be 
     used to defray the costs of indemnification insurance for law 
     enforcement officers, and
       (b) $19,956,000 shall be available for grants, contracts, 
     and other assistance to carry out section 102(c) of H.R. 728;
       (2) $265,000,000 for the State Criminal Alien Assistance 
     Program, as authorized by section 242(j) of the Immigration 
     and Nationality Act, as amended;
       (3) $35,000,000 shall be available for the Cooperative 
     Agreement Program;
       (4) $35,191,000 shall be available for grants under section 
     20109(a)(2) of subtitle A of title II of the 1994 Act;
       (5) $7,982,000 for the Tribal Courts Initiative;
       (6) $578,125,000 for programs authorized by part E of title 
     I of the 1968 Act, notwithstanding the provisions of section 
     511 of said Act, of which $78,125,000 shall be for 
     discretionary grants under the Edward Byrne Memorial State 
     and Local Law Enforcement Assistance Programs;
       (7) $11,975,000 for the Court Appointed Special Advocate 
     Program, as authorized by section 218 of the 1990 Act;
       (8) $2,296,000 for Child Abuse Training Programs for 
     Judicial Personnel and Practitioners, as authorized by 
     section 224 of the 1990 Act;
       (9) $184,937,000 for Grants to Combat Violence Against 
     Women, to States, units of local government, and Indian 
     tribal governments, as authorized by section 1001(a)(18) of 
     the 1968 Act, of which:
       (a) $1,000,000 shall be for the Bureau of Justice 
     Statistics for grants, contracts, and other assistance for 
     domestic violence federal case processing study,
       (b) $5,200,000 shall be for the National Institute of 
     Justice for grants, contracts, and other assistance for 
     research and evaluation of violence against women, and
       (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;
       (10) $64,925,000 for Grants to Encourage Arrest Policies to 
     States, units of local government, and Indian tribal 
     governments, as authorized by section 1001(a)(19) of the 1968 
     Act;
       (11) $39,945,000 for Rural Domestic Violence and Child 
     Abuse Enforcement Assistance Grants, as authorized by section 
     40295 of the 1994 Act;
       (12) $4,989,000 for training programs to assist probation 
     and parole officers who work with released sex offenders, as 
     authorized by section 40152(c) of the 1994 Act, and for local 
     demonstration projects;
       (13) $998,000 for grants for televised testimony, as 
     authorized by section 1001(a)(7) of the 1968 Act;
       (14) $3,000,000 for grants to States and units of local 
     government to improve the process for entering data regarding 
     stalking and domestic violence into local, State, and 
     national crime information databases, as authorized by 
     section 40602 of the 1994 Act;
       (15) $10,000,000 for grants to reduce Violent Crimes 
     Against Women on Campus, as authorized by section 1108(a) of 
     Public Law 106-386;
       (16) $40,000,000 for Legal Assistance for Victims, as 
     authorized by section 1201 of Public Law 106-386;
       (17) $5,000,000 for enhancing protection for older and 
     disabled women from domestic violence and sexual assault as 
     authorized by section 40801 of the 1994 Act;
       (18) $15,000,000 for the Safe Havens for Children Pilot 
     Program as authorized by section 1301 of Public Law 106-386;
       (19) $7,500,000 for Education and Training to end violence 
     against and abuse of women with disabilities, as authorized 
     by section 1402 of Public Law 106-386;
       (20) $68,000,000 for grants for residential substance abuse 
     treatment for State prisoners, as authorized by section 
     1001(a)(17) of the 1968 Act: Provided, That States that have 
     in-prison drug treatment programs, in compliance with Federal 
     requirements, may use their residential substance abuse 
     grants funds for treatment, both during incarceration and 
     after release;
       (21) $4,989,000 for demonstration grants on alcohol and 
     crime in Indian Country;
       (22) $898,000 for the Missing Alzheimer's Disease Patient 
     Alert Program, as authorized by section 240001(c) of the 1994 
     Act;
       (23) $50,000,000 for Drug Courts, as authorized by title V 
     of the 1994 Act;
       (24) $1,497,000 for Law Enforcement Family Support 
     Programs, as authorized by section 1001(a)(21) of the 1968 
     Act;
       (25) $1,995,000 for public awareness programs addressing 
     marketing scams aimed at senior citizens, as authorized by 
     section 250005(3) of the 1994 Act;
       (26) $249,450,000 for Juvenile Accountability Incentive 
     Block Grants except that such funds shall be subject to the 
     same terms and conditions as set forth in the provisions 
     under this heading for this program in Public Law 105-119, 
     but all references in such provisions to 1998 shall be deemed 
     to refer instead to 2002, and Guam shall be considered a 
     ``State'' for the purposes of title III of H.R. 3, as passed 
     by the House of Representatives on May 8, 1997; and
       (27) $1,298,000 for the Motor Vehicle Theft Prevention 
     Programs, as authorized by section 220002(h) of the 1994 Act:

     Provided, That funds made available in fiscal year 2002 under 
     subpart 1 of part E of title I of the 1968 Act may be 
     obligated for programs to assist States in the litigation 
     processing of death penalty Federal habeas corpus petitions 
     and for drug testing initiatives: Provided further, That, if 
     a unit of local government uses any of the funds made 
     available under this title to increase the number of law 
     enforcement officers, the unit of local government will 
     achieve a net gain in the number of law enforcement officers 
     who perform nonadministrative public safety service.


                       weed and seed program fund

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

                  Community Oriented Policing Services

       For activities authorized by the Violent Crime Control and 
     Law Enforcement Act of 1994, Public Law 103-322 (``the 1994 
     Act'') (including administrative costs), $1,019,874,000, to 
     remain available until expended; of which $150,962,000 shall 
     be available to the Office of Justice Programs to carry out 
     section 102 of the Crime Identification Technology Act of 
     1998 (42 U.S.C. 14601), of which $35,000,000 is for grants to 
     upgrade criminal records, as authorized under the Crime 
     Identification Technology Act of 1998 (42 U.S.C. 14601), of 
     which $35,000,000 is for DNA testing as authorized by the DNA 
     Analysis Backlog Elimination Act of 2000 (Public Law 106-
     546), of which $35,000,000 is for the State and local DNA 
     laboratories as authorized by section 1001(a)(22) of the 1968 
     Act, and improvements to the State and local forensic general 
     science capabilities to reduce State and local DNA convicted 
     offender sample backlog and for awards to State, local, and 
     private laboratories, and of which $17,000,000 is for the 
     National Institute of Justice for grants, contracts, and 
     other agreements to develop school safety technologies and 
     training; of which $510,524,000 is for Public Safety and 
     Community Policing Grants pursuant to title I of the 1994 
     Act, of which $190,291,000 shall be available for the COPS 
     hiring program, of which $180,000,000 shall be available for 
     school resource officers, of which $31,315,000 shall be used 
     to improve tribal law enforcement including equipment and 
     training, of which $25,444,000 shall be used for the Matching 
     Grant Program for Law Enforcement Armor Vests pursuant to 
     section 2501 of part Y of the Omnibus Crime Control and Safe 
     Streets Act of 1968 (``the 1968 Act''), as amended, of which 
     $30,000,000 shall be used for Police Corps education, 
     training, and service as set forth in sections 200101-200113 
     of the 1994 Act, and of which $20,662,000 shall be used to 
     provide training and technical assistance; of which 
     $155,467,000 shall be used for a law enforcement technology 
     program, of which $7,202,000, to remain available until 
     September 30, 2003, shall be transferred to, and merged with, 
     funds in the Federal Bureau of Investigation, ``Salaries and 
     Expenses'' appropriations account to be available only to 
     maintain or establish not more than 4 regional computer 
     forensic labs in affiliation with the Federal Bureau of 
     Investigation Laboratory Division, of which $1,005,000, to 
     remain available until September 30, 2003, shall be 
     transferred to, and merged with, funds in the Federal Bureau 
     of Investigation, ``Salaries and Expenses'' appropriations 
     account to be available only to expand the Violent Criminal 
     Apprehension Program to include sexual assault, of which

[[Page S9264]]

     $350,000 shall be transferred to, and merged with, funds in 
     the ``Salaries and Expenses'', General Legal Activities 
     appropriations account to be available only for equipment to 
     connect Interpol to the National Law Enforcement 
     Telecommunications System, and of which $4,000,000, to remain 
     available until September 30, 2003, shall be transferred to, 
     and merged with, funds in the Federal Bureau of 
     Investigation, ``Salaries and Expenses'' appropriations 
     account to be available only to maintain or establish not 
     more than 4 regional mitochondrial DNA forensic labs in 
     affiliation with the Federal Bureau of Investigation 
     Laboratory Division; of which $48,393,000 shall be used for 
     policing initiatives to combat methamphetamine production and 
     trafficking and to enhance policing initiatives in drug ``hot 
     spots''; of which $99,780,000 for a prosecution assistance 
     program to reimburse State, county, parish, or municipal 
     governments only for Federal costs associated with the 
     prosecution of criminal cases declined by local U.S. 
     Attorneys' offices, of which $49,780,000 shall be for a 
     national program to reduce gun violence, and of which 
     $50,000,000 shall be for the Southwest Border Prosecutor 
     Initiative; of which $16,963,000 shall be for a police 
     integrity program; of which $22,851,000 is for the Safe 
     Schools Initiative; and of which $14,934,000 shall be for an 
     offender re-entry program: Provided, That of the amount 
     provided for Public Safety and Community Policing Grants, not 
     to exceed $32,812,000 shall be expended for program 
     management and administration: Provided further, That of the 
     prior year balances available in this program, $46,000,000 
     shall be available for the direct hiring of law enforcement 
     officers through the Universal Hiring Program: Provided 
     further, That Section 1703(b) and (c) of the 1968 Act shall 
     not apply to non-hiring grants made pursuant to part Q of 
     title I thereof (42 U.S.C. 3796 d.d. et seq.).


                       Juvenile Justice Programs

       For grants, contracts, cooperative agreements, and other 
     assistance authorized by the Juvenile Justice and Delinquency 
     Prevention Act of 1974, as amended, (``the Act''), including 
     salaries and expenses in connection therewith to be 
     transferred to and merged with the appropriations for Justice 
     Assistance, $320,026,000, to remain available until expended, 
     as authorized by section 299 of part I of title II and 
     section 506 of title V of the Act, as amended by Public Law 
     102-586, of which: (1) notwithstanding any other provision of 
     law, $6,847,000 shall be available for expenses authorized by 
     part A of title II of the Act, $88,804,000 shall be available 
     for expenses authorized by part B of title II of the Act, and 
     $55,691,000 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) $130,767,000 shall be 
     available for expenses authorized by title V of the Act for 
     incentive grants for local delinquency prevention programs; 
     of which $12,472,000 shall be for delinquency prevention, 
     control, and system improvement programs for tribal youth; of 
     which $25,000,000 shall be available for grants of $360,000 
     to each State and $6,640,000 shall be available for 
     discretionary grants to States, for programs and activities 
     to enforce State laws prohibiting the sale of alcoholic 
     beverages to minors or the purchase or consumption of 
     alcoholic beverages by minors, prevention and reduction of 
     consumption of alcoholic beverages by minors, and for 
     technical assistance and training; and of which $15,000,000 
     shall be available for the Safe Schools Initiative: Provided 
     further, That of amounts made available under the Juvenile 
     Justice Programs of the Office of Justice Programs to carry 
     out part B (relating to Federal Assistance for State and 
     Local Programs), subpart II of part C (relating to Special 
     Emphasis Prevention and Treatment Programs), part D (relating 
     to Gang-Free Schools and Communities and Community-Based Gang 
     Intervention), part E (relating to State Challenge 
     Activities), and part G (relating to Mentoring) of title II 
     of the Juvenile Justice and Delinquency Prevention Act of 
     1974, and to carry out the At-Risk Children's Program under 
     title V of that Act, not more than 10 percent of each such 
     amount may be used for research, evaluation, and statistics 
     activities designed to benefit the programs or activities 
     authorized under the appropriate part or title, and not more 
     than 2 percent of each such amount may be used for training 
     and technical assistance activities designed to benefit the 
     programs or activities authorized under that part or title.
       In addition, for grants, contracts, cooperative agreements, 
     and other assistance authorized by the Victims of Child Abuse 
     Act of 1990, as amended, $8,481,000, to remain available 
     until expended, as authorized by section 214B of the Act.


                    Public Safety Officers Benefits

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

               General Provisions--Department of Justice

       Sec. 101. In addition to amounts otherwise made available 
     in this title for official reception and representation 
     expenses, a total of not to exceed $45,000 from funds 
     appropriated to the Department of Justice in this title shall 
     be available to the Attorney General for official reception 
     and representation expenses in accordance with distributions, 
     procedures, and regulations established by the Attorney 
     General.
       Sec. 102. Section 124 of the Departments of Commerce, 
     Justice, and State, the Judiciary, and Related Agencies 
     Appropriations Act, 1999, as contained in the Omnibus 
     Consolidated and Emergency Supplemental Appropriations Act, 
     1999, is repealed.
       Sec. 103. Notwithstanding any other provision of law, not 
     to exceed $10,000,000 of the funds made available in this Act 
     may be used to establish and publicize a program under which 
     publicly advertised, extraordinary rewards may be paid, which 
     shall not be subject to spending limitations contained in 
     sections 3059 and 3072 of title 18, United States Code: 
     Provided, That any reward of $100,000 or more, up to a 
     maximum of $2,000,000, may not be made without the personal 
     approval of the President or the Attorney General and such 
     approval may not be delegated.
       Sec. 104. Not to exceed 5 percent of any appropriation made 
     available for the current fiscal year for the Department of 
     Justice in this Act may be transferred between such 
     appropriations, but no such appropriation, except as 
     otherwise specifically provided, shall be increased by more 
     than 10 percent by any such transfers: Provided, That any 
     transfer pursuant to this section shall be treated as a 
     reprogramming of funds under section 605 of this Act and 
     shall not be available for obligation except in compliance 
     with the procedures set forth in that section.
       Sec. 105. Section 286(q)(1)(A) of the Immigration and 
     Nationality Act of 1953, as amended, is further amended by 
     striking ``6'' and inserting ``96''.
       Sec. 106. Notwithstanding any other provision of law, 
     $1,000,000 shall be available for technical assistance from 
     the funds appropriated for part G of title II of the Juvenile 
     Justice and Delinquency Prevention Act of 1974, as amended.
       Sec. 107. Section 11231 of the National Capital 
     Revitalization and Self-Government Improvement Act of 1997, 
     Public Law 105-33, is amended--
       (1) in the catchline of paragraphs (a)(1) and (2), by 
     striking ``of Parole Commission'';
       (2) in subsections (a) and (c), by replacing ``United 
     States Parole Commission'' and ``Parole Commission'', each 
     place they currently appear, with ``agency established under 
     section 11233'';
       (3) in paragraph (a)(1), by replacing ``one year after date 
     of enactment of this Act'' with ``September 30, 2002'', by 
     replacing ``Board of Parole of the District of Columbia'' 
     with ``United States Parole Commission'', by striking 
     ``exclusive'', and by replacing all the matter from 
     ``felons,'' to the period, inclusive, with ``felons.'';
       (4) by replacing all the matter after the catchline of 
     paragraph (a)(2) with ``Not later than September 30, 2002, 
     the agency established under section 11233 shall assume all 
     powers, duties, and jurisdiction transferred to the United 
     States Parole Commission by this paragraph as in effect on 
     January 1, 2001.''; and
       (5) in subsection (c), by replacing all the matter from 
     ``Columbia,'' to the period, inclusive, with ``Columbia.''.
       Sec. 108. In instances where the Attorney General 
     determines that law enforcement-, security-, or mission-
     related considerations mitigate against obtaining maintenance 
     or repair services from private sector entities for equipment 
     under warranty, the Attorney General is authorized to seek 
     reimbursement from such entities for warranty work performed 
     at Department of Justice facilities and, notwithstanding any 
     other provision of law, to credit any payment made for such 
     work to any appropriation charged therefore.
       Sec. 109. Section 286(e)(1) of the Immigration and 
     Nationality Act (8 U.S.C. 1356(e)(1)) is amended to read as 
     follows:
       ``(1)(A) Except as provided in subparagraph (B), the 
     Attorney General is authorized to charge and collect a fee in 
     the amount of $3 for each individual with respect to whom 
     immigration inspection services or preinspection services are 
     provided in connection with the arrival in the United States 
     of the individual as a passenger on a commercial vessel, if 
     the passenger's journey originated in any of the following:
       ``(i) Mexico.
       ``(ii) Canada.
       ``(iii) A State, territory, or possession of the United 
     States.
       ``(iv) Any adjacent island (within the meaning of section 
     101(b)(5)).
       ``(B) The authority of subparagraph (A) does not apply to 
     immigration inspection services or preinspection services 
     provided at a designated port of entry in connection with

[[Page S9265]]

     the arrival of a passenger by means of a Great Lakes 
     international ferry, or by means of any vessel that transits 
     the Great Lakes or its connecting waterways, if the ferry or 
     other vessel operates on a regular schedule.''.
       Sec. 110. Section 245(i) of the Immigration and Nationality 
     Act (8 U.S.C. 1255(i)) is amended--
       (1) in paragraph (1), by amending the first sentence to 
     read as follows: ``Notwithstanding the provisions of 
     subsections (a) and (c) of this section, an alien physically 
     present in the United States who--
       ``(A) entered the United States without inspection; or
       ``(B) is within one of the classes enumerated in subsection 
     (c) of this section, may apply to the Attorney General for 
     the adjustment of his or her status to that of an alien 
     lawfully admitted for permanent residence.''; and
       (2) by amending paragraph (3)(B) to read as follows:
       ``(B) One-half of any remaining portion of such fees 
     remitted under such paragraphs shall be deposited by the 
     Attorney General into the Immigration Examination Fee Account 
     established under section 286(m), and one-half of any 
     remaining portion of such fees shall be deposited by the 
     Attorney General into the Breached Bond/Detention Fund 
     established under section 286(r).''.
       Sec. 111. Section 1402(d)(3) of the Victims of Crime Act of 
     1984 (42 U.S.C. 10601(d)(3)), is amended by striking the 
     period at the end and inserting ``, and for a Victim 
     Notification System.''.
       This title may be cited as the ``Department of Justice 
     Appropriations Act, 2002''.

         TITLE II--DEPARTMENT OF COMMERCE AND RELATED AGENCIES

                  Trade and Infrastructure Development

                            RELATED AGENCIES

            Office of the United States Trade Representative


                         SALARIES AND EXPENSES

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

                     International Trade Commission


                         salaries and expenses

       For necessary expenses of the International Trade 
     Commission, including hire of passenger motor vehicles, and 
     services as authorized by 5 U.S.C. 3109, and not to exceed 
     $2,500 for official reception and representation expenses, 
     $49,386,000, to remain available until expended.

                         DEPARTMENT OF COMMERCE

                   International Trade Administration


                     operations and administration

       For necessary expenses for international trade activities 
     of the Department of Commerce provided for by law, and 
     engaging in trade promotional activities abroad, including 
     expenses of grants and cooperative agreements for the purpose 
     of promoting exports of United States firms, without regard 
     to 44 U.S.C. 3702 and 3703; full medical coverage for 
     dependent members of immediate families of employees 
     stationed overseas and employees temporarily posted overseas; 
     travel and transportation of employees of the United States 
     and Foreign Commercial Service between two points abroad, 
     without regard to 49 U.S.C. 1517; employment of Americans and 
     aliens by contract for services; rental of space abroad for 
     periods not exceeding 10 years, and expenses of alteration, 
     repair, or improvement; purchase or construction of temporary 
     demountable exhibition structures for use abroad; payment of 
     tort claims, in the manner authorized in the first paragraph 
     of 28 U.S.C. 2672 when such claims arise in foreign 
     countries; not to exceed $327,000 for official representation 
     expenses abroad; purchase of passenger motor vehicles for 
     official use abroad, not to exceed $30,000 per vehicle; 
     obtaining insurance on official motor vehicles; and rental of 
     tie lines, $347,090,000, to remain available until expended, 
     of which $3,000,000 is to be derived from fees to be retained 
     and used by the International Trade Administration, 
     notwithstanding 31 U.S.C. 3302: Provided, That $66,820,000 
     shall be for Trade Development, $27,441,000 shall be for 
     Market Access and Compliance, $42,859,000 shall be for the 
     Import Administration, $193,824,000 shall be for the United 
     States and Foreign Commercial Service, and $13,146,000 shall 
     be for Executive Direction and Administration: Provided 
     further, That the provisions of the first sentence of section 
     105(f) and all of section 108(c) of the Mutual Educational 
     and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and 
     2458(c)) shall apply in carrying out these activities without 
     regard to section 5412 of the Omnibus Trade and 
     Competitiveness Act of 1988 (15 U.S.C. 4912); and that for 
     the purpose of this Act, contributions under the provisions 
     of the Mutual Educational and Cultural Exchange Act shall 
     include payment for assessments for services provided as part 
     of these activities.

                         Export Administration


                     operations and administration

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

                  Economic Development Administration


                Economic Development Assistance Programs

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


                         salaries and expenses

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

                  Minority Business Development Agency


                     Minority Business Development

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

                Economic and Information Infrastructure

                   Economic and Statistical Analysis


                         salaries and expenses

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

                          Bureau of the Census


                         salaries and expenses

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


                     Periodic Censuses and Programs

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

       National Telecommunications and Information Administration


                         salaries and expenses

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


    public telecommunications facilities, planning and construction

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


                   information infrastructure grants

       For grants authorized by section 392 of the Communications 
     Act of 1934, as amended,

[[Page S9266]]

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

                      Patent and Trademark Office


                         salaries and expenses

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

                         Science and Technology

                       Technology Administration


       Under Secretary for Technology/Office of Technology Policy

                         salaries and expenses

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

             National Institute of Standards and Technology


             Scientific and Technical Research and Services

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

                     industrial technology services

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

                  construction of research facilities

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

            National Oceanic and Atmospheric Administration

                  operations, research, and facilities


                     (including transfers of funds)

       For necessary expenses of activities authorized by law for 
     the National Oceanic and Atmospheric Administration, 
     including maintenance, operation, and hire of aircraft; 
     grants, contracts, or other payments to nonprofit 
     organizations for the purposes of conducting activities 
     pursuant to cooperative agreements; and relocation of 
     facilities as authorized by 33 U.S.C. 883i, $2,267,705,000, 
     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 in addition, not to exceed $3,000,000 shall be 
     derived by transfer from the fund entitled ``Coastal Zone 
     Management'': Provided further, That of the amounts made 
     available to the National Marine Fisheries Service, not less 
     than $29,000,000 shall be for Alaskan Steller sea lion 
     research: Provided further, That grants to States pursuant to 
     sections 306 and 306A of the Coastal Zone Management Act of 
     1972, as amended, shall not exceed $2,000,000: Provided 
     further, That of the amount provided under this heading, for 
     expenses necessary to carry out ``NOAA Operations, Research 
     and Facilities sub-category'' in section 250(c)(4)(E) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985, as 
     amended, $33,650,000 to remain available until expended, for 
     the purposes of discretionary spending limits: Provided 
     further, That not to exceed $54,255,000 shall be expended for 
     Executive Direction and Administration, which consists of the 
     Offices of the Undersecretary, the Executive Secretariat, 
     Policy and Strategic Planning, International Affairs, 
     Legislative Affairs, Public Affairs, Sustainable Development, 
     the Chief Scientist, and the General Counsel: Provided 
     further, That the aforementioned offices, excluding the 
     Office of the General Counsel, shall not be augmented by 
     personnel details, temporary transfers of personnel on either 
     a reimbursable or nonreimbursable basis or any other type of 
     formal or informal transfer or reimbursement of personnel or 
     funds on either a temporary or long-term basis above the 
     level of 42 personnel: Provided further, That of the amount 
     provided to the National Marine Fisheries Service, a total of 
     $6,000,000 shall be provided to the National Oceanic and 
     Atmospheric Administration Office of General Counsel: 
     Provided further, That the National Marine Fisheries Service 
     shall be obligated for payment of all fisheries-related 
     reimbursable work performed by the National Oceanic and 
     Atmospheric Administration Office of General Counsel: 
     Provided further, That the Secretary may proceed as he deems 
     necessary to have the National Oceanic and Atmospheric 
     Administration occupy and operate its research facilities 
     which are located at Lafayette, Louisiana: Provided further, 
     That the R/V FAIRWEATHER shall be homeported in Ketchikan, 
     Alaska: Provided further, That no general administrative 
     charge shall be applied against an assigned activity included 
     in this Act and, further, that any direct administrative 
     expenses applied against an assigned activity shall be 
     limited to 5 percent of the funds provided for that assigned 
     activity: Provided further, That any use of deobligated 
     balances of funds provided under this heading in previous 
     years shall be subject to the procedures set forth in section 
     605 of this Act.
       In addition, for necessary retired pay expenses under the 
     Retired Serviceman's Family Protection and Survivor Benefits 
     Plan, and for payments for medical care of retired personnel 
     and their dependents under the Dependents Medical Care Act 
     (10 U.S.C. ch. 55), such sums as may be necessary.
       In addition, there is hereby established the Business 
     Management Fund of the National Oceanic and Atmospheric 
     Administration, which shall be available without fiscal year 
     limitation for expense and equipment necessary for the 
     maintenance and operations of such services and projects as 
     the Administrator of the National Oceanic and Atmospheric 
     Administration determines may be performed more 
     advantageously when centralized: Provided, That such central 
     services shall, to the fullest extent practicable, be used to 
     make unnecessary the maintenance of separate like services in 
     the divisions and offices of the National Oceanic and 
     Atmospheric Administration: Provided further, That a separate 
     schedule of expenditures and reimbursements, and a statement 
     of the current assets and liabilities of the Business 
     Management Fund as of the close of the completed fiscal year, 
     shall be prepared each year and submitted to Congress: 
     Provided further, That notwithstanding 31 U.S.C. 3302, the 
     Business Management Fund may be credited with advances and 
     reimbursements from applicable appropriations of the National 
     Oceanic and Atmospheric Administration and from funds of 
     other agencies or entities for services furnished pursuant to 
     law: Provided further, That any inventories, equipment, 
     systems, real property and other assets over $25,000, 
     pertaining to the services to be provided by such funds, 
     either on hand or on order, less the related liabilities or 
     unpaid obligations, and any appropriations made hereafter for 
     the purpose of providing capital, shall be used to capitalize 
     the Business Management Fund: Provided further, That the 
     National Oceanic and Atmospheric Administration Business 
     Management Fund shall be authorized to create an initial cash 
     corpus of $5,000,000 from deobligations and continued funding 
     as may be or become available from deobligations: Provided 
     further, That the Business Management Fund shall provide for 
     centralized services at rates which return in full all 
     expenses of operation and services, including depreciation or 
     full overhead costs of fund plant and equipment, plus an 
     amount equal to projected inflation, amortization of 
     automated data processing software and hardware systems, and 
     an

[[Page S9267]]

     amount not to exceed four percent necessary to maintain an 
     operating level in the fund as determined by the 
     Administrator: Provided further, That full implementation of 
     the Business Management Fund will be phased in over a period 
     not less than three years nor more than five fiscal years.
       There is hereby established the following organizational 
     structure for the Business Management Fund of the National 
     Oceanic and Atmospheric Administration: Provided, That the 
     overall responsibility for the National Oceanic and 
     Atmospheric Administration Business Management Fund lies with 
     the Administrator of the National Oceanic and Atmospheric 
     Administration: Provided further, That general management of 
     the National Oceanic and Atmospheric Administration's 
     Business Management Fund may be delegated by the 
     Administrator to the Chief Financial Officer/Chief 
     Administrative Officer of the National Oceanic and 
     Atmospheric Administration.


   Procurement, Acquisition and Construction (including transfers of 
                                 funds)

       For procurement, acquisition and construction of capital 
     assets, including alteration and modification costs, of the 
     National Oceanic and Atmospheric Administration, 
     $939,610,000, to remain available until expended: Provided, 
     That unexpended balances of amounts previously made available 
     in the ``Operations, Research, and Facilities'' account for 
     activities funded under this heading may be transferred to 
     and merged with this account, to remain available until 
     expended for the purposes for which the funds were originally 
     appropriated: Provided further, That of the amount provided 
     under this heading for expenses necessary to carry out the 
     ``NOAA Procurement, Acquisition, and Construction sub-
     category'' in section 250(c)(4)(E) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended, the 
     Coastal and Estuarine Land Conservation Program, $83,410,000 
     to remain available until expended, and to be for 
     conservation spending category activities pursuant to Section 
     251(c) of the Balanced Budget and Emergency Deficit Control 
     Act of 1985, as amended, for the purposes of discretionary 
     spending limits: Provided further, That of the above amounts, 
     $60,000,000 shall be for the ``Coastal and Estuarine Land 
     Conservation Program'': Provided further, That none of the 
     funds provided in this Act or any other Act under the heading 
     ``National Oceanic and Atmospheric Administration, 
     Procurement, Acquisition and Construction'' shall be used to 
     fund the General Services Administration's standard 
     construction and tenant build-out costs of a facility at the 
     Suitland Federal Center.


                    Pacific Coastal Salmon Recovery

       For necessary expenses to carry out the ``NOAA Pacific 
     Coastal Salmon Recovery sub-category'' in section 
     250(c)(4)(E) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended, the Endangered Species Act-
     Pacific Salmon Recovery, the Columbia River Hatcheries, the 
     Columbia River Facilities, Pacific Salmon Treaty 
     Implementation, $133,940,000, to remain available until 
     expended, and to be for conservation spending category 
     activities pursuant to Section 251(c) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985, as amended, for 
     the purposes of discretionary spending limits.


                      coastal zone management fund

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


                      Fishermen's Contingency Fund

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

                     foreign fishing observer fund

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


                   fisheries finance program account

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

                        Departmental Management


                         salaries and expenses

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


                      office of inspector general

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

               General Provisions--Department of Commerce

       Sec. 201. During the current fiscal year, applicable 
     appropriations and funds made available to the Department of 
     Commerce by this Act shall be available for the activities 
     specified in the Act of October 26, 1949 (15 U.S.C. 1514), to 
     the extent and in the manner prescribed by the Act, and, 
     notwithstanding 31 U.S.C. 3324, may be used for advanced 
     payments not otherwise authorized only upon the certification 
     of officials designated by the Secretary of Commerce that 
     such payments are in the public interest.
       Sec. 202. During the current fiscal year, appropriations 
     made available to the Department of Commerce by this Act for 
     salaries and expenses shall be available for hire of 
     passenger motor vehicles as authorized by 31 U.S.C. 1343 and 
     1344; services as authorized by 5 U.S.C. 3109; and uniforms 
     or allowances therefore, as authorized by law (5 U.S.C. 5901-
     5902).
       Sec. 203. None of the funds made available by this Act may 
     be used to support the hurricane reconnaissance aircraft and 
     activities that are under the control of the United States 
     Air Force or the United States Air Force Reserve.
       Sec. 204. Not to exceed 5 percent of any appropriation made 
     available for the current fiscal year for the Department of 
     Commerce in this Act may be transferred between such 
     appropriations, but no such appropriation shall be increased 
     by more than 10 percent by any such transfers: Provided, That 
     any transfer pursuant to this section shall be treated as a 
     reprogramming of funds under section 605 of this Act and 
     shall not be available for obligation or expenditure except 
     in compliance with the procedures set forth in that section.
       Sec. 205. Any costs incurred by a department or agency 
     funded under this title resulting from personnel actions 
     taken in response to funding reductions included in this 
     title or from actions taken for the care and protection of 
     loan collateral or grant property shall be absorbed within 
     the total budgetary resources available to such department or 
     agency: Provided, That the authority to transfer funds 
     between appropriations accounts as may be necessary to carry 
     out this section is provided in addition to authorities 
     included elsewhere in this Act: Provided further, That use of 
     funds to carry out this section shall be treated as a 
     reprogramming of funds under section 605 of this Act and 
     shall not be available for obligation or expenditure except 
     in compliance with the procedures set forth in that section.
       Sec. 206. The Secretary of Commerce may award contracts for 
     hydrographic, geodetic, and photogrammetric surveying and 
     mapping services in accordance with title IX of the Federal 
     Property and Administrative Services Act of 1949 (40 U.S.C. 
     541 et seq.).
       Sec. 207. The Secretary of Commerce may use the Commerce 
     franchise fund for expenses and equipment necessary for the 
     maintenance and operation of such administrative services as 
     the Secretary determines may be performed more advantageously 
     as central services, pursuant to section 403 of Public Law 
     103-356: Provided, That any inventories, equipment, and other 
     assets pertaining to the services to be provided by such 
     fund, either on hand or on order, less the related 
     liabilities or unpaid obligations, and any appropriations 
     made for the purpose of providing capital shall be used to 
     capitalize such fund: Provided further, That such fund shall 
     be paid in advance from funds available to the Department and 
     other Federal agencies for which such centralized services 
     are performed, at rates which will return in full all 
     expenses of operation, including accrued leave, depreciation 
     of fund plant and equipment, amortization of automated data 
     processing (ADP) software and systems (either acquired or 
     donated), and an amount necessary to maintain a reasonable 
     operating reserve, as determined by the Secretary: Provided 
     further, That such fund shall provide services on a 
     competitive basis: Provided further, That an amount not to 
     exceed 4 percent of the total annual income to such fund may 
     be retained in the fund for fiscal year 2002 and each fiscal 
     year thereafter, to remain available until expended, to be 
     used for the acquisition of capital equipment, and for the 
     improvement and implementation of department financial 
     management, ADP, and other support systems: Provided further, 
     That such amounts retained in the fund for fiscal year 2002 
     and each fiscal year thereafter shall be available for 
     obligation and expenditure only in accordance with section 
     605 of this Act: Provided further, That no later than 30 days 
     after the end of each fiscal year, amounts in excess of this 
     reserve limitation shall be deposited as miscellaneous 
     receipts in the Treasury: Provided further, That such 
     franchise fund pilot program shall terminate pursuant to 
     section 403(f) of Public Law 103-356.
       Sec. 208. Notwithstanding any other provision of law, of 
     the amounts made available elsewhere in this title to the 
     ``National Institute of Standards and Technology, 
     Construction of Research Facilities'', $5,000,000 is 
     appropriated to fund a cooperative agreement with the Medical 
     University of South Carolina, $6,000,000 is appropriated to 
     the Thayer School of Engineering for the nanocrystalline 
     materials and biomass research initiative, $3,000,000 is 
     appropriated to the Institute for Information Infrastructure 
     Protection at the Institute for Security Technology Studies, 
     and $4,000,000 is appropriated for the Institute for 
     Politics.

[[Page S9268]]

       Sec. 209. (a) Notwithstanding any other provision of law, 
     the total amount of funds that may be transferred into the 
     ``Working Capital Fund'' in fiscal year 2002, or in any 
     fiscal year thereafter, may not exceed $117,000,000.
       (b) All transfers of funds to or from the Working Capital 
     Fund in fiscal year 2002 and any fiscal year thereafter shall 
     be subject to section 605, without regard to the amount of 
     the reprogramming or the purpose of the funds so 
     reprogrammed.
       (c) Of the amounts available under this section for 
     salaries of the staff of the Department of Commerce, the 
     amount obligated for that purpose before December 15, 2001, 
     may not exceed $29,250,000.
       (d)(1) Not later than December 15, 2001, the Secretary of 
     Commerce shall submit to the Committees on Appropriations of 
     the Senate and House of Representatives a report setting 
     forth the proposed disbursements from the Working Capital 
     Fund during fiscal year 2002.
       (2) Of the proposed disbursements in the report under 
     paragraph (1)--
       (A) not more than $40,000,000 of the proposed disbursements 
     may be for the Commerce Administrative Management System; and
       (B) not more than $15,000,000 of the proposed disbursements 
     for that System may be from or attributable to the National 
     Oceanic and Atmospheric Administration.
       (3) Disbursements from the Working Capital Fund in fiscal 
     year 2002 may not be made until 15 days after the date on 
     which the report is submitted under paragraph (1).
       (4) Any modification of a proposed disbursement from the 
     Working Capital Fund previously specified in the report under 
     paragraph (1) shall be treated as a reprogramming of funds to 
     which section 605 applies, without regard to the amount of 
     the modification or the purpose of the disbursement, as so 
     modified.
       (5)(A) If a disbursement from the Working Capital Fund in 
     fiscal year 2002 will require any bureau or organization in 
     the Department of Commerce to incur costs not previously 
     specified in the report under paragraph (1), the disbursement 
     may not be made until 15 days after the date on which such 
     bureau or organization submits to the Committees on 
     Appropriations of the Senate and House of Representatives a 
     Memorandum of Agreement providing for such bureau or 
     organization to incur such costs.
       (B) Each Memorandum of Agreement under this paragraph shall 
     specify the provision of statute providing authority for the 
     disbursement concerned.
       (e) Amounts in the ``Advances and Reimbursements'' account 
     may not be used to assess or collect costs or charges against 
     or from any bureau or organization of the Department of 
     Commerce unless the costs or charges are incurred for a 
     project has been approved as a request for reprogramming 
     under section 605.
       This title may be cited as the ``Department of Commerce and 
     Related Agencies Appropriations Act, 2002''.

                        TITLE III--THE JUDICIARY

                   Supreme Court of the United States


                         salaries and expenses

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

                    care of the building and grounds

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

         United States Court of Appeals for the Federal Circuit

                         salaries and expenses

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

               United States Court of International Trade

                         salaries and expenses

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

    Courts of Appeals, District Courts, and Other Judicial Services

                         salaries and expenses

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


                           defender services

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

                    fees of jurors and commissioners

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

                             court security

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

           Administrative Office of the United States Courts


                         salaries and expenses

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

                        Federal Judicial Center


                         salaries and expenses

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

                       Judicial Retirement Funds


                    payment to judiciary trust funds

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

                  United States Sentencing Commission

                         salaries and expenses

       For the salaries and expenses necessary to carry out the 
     provisions of chapter 58 of title

[[Page S9269]]

     28, United States Code, $11,327,000, of which not to exceed 
     $1,000 is authorized for official reception and 
     representation expenses.

                   General Provisions--The Judiciary

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

            TITLE IV--DEPARTMENT OF STATE AND RELATED AGENCY

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs


                    diplomatic and consular programs

       For necessary expenses of the Department of State and the 
     Foreign Service not otherwise provided for, including 
     employment, without regard to civil service and 
     classification laws, of persons on a temporary basis (not to 
     exceed $700,000 of this appropriation), as authorized; 
     representation to certain international organizations in 
     which the United States participates pursuant to treaties, 
     ratified pursuant to the advice and consent of the Senate, or 
     specific Acts of Congress; arms control, nonproliferation and 
     disarmament activities as authorized; acquisition by exchange 
     or purchase of passenger motor vehicles as authorized by law; 
     and for expenses of general administration, $3,088,990,000: 
     Provided, That, of the amount made available under this 
     heading, not to exceed $4,000,000 may be transferred to, and 
     merged with, funds in the ``Emergencies in the Diplomatic and 
     Consular Service'' appropriations account, to be available 
     only for emergency evacuations and terrorism rewards: 
     Provided further, That of the amount made available under 
     this heading, $7,800,000 shall be available only to provide 
     language, security, leadership and management, and 
     professional training: Provided further, That of the amount 
     made available under this heading, $6,000,000 to remain 
     available until expended, shall be transferred to, and merged 
     with, funds in the ``Narrowband Communications'' 
     appropriations account in title I of this Act, to be 
     administered by the Department of Justice Wireless Management 
     Office and to be available only for the conversion to 
     narrowband communications and for the operations and 
     maintenance of legacy radio systems: Provided further, That 
     of the amount made available under this heading, $694,190,000 
     shall be available only for information resource management: 
     Provided further, That of the amount made available under 
     this heading, $9,000,000 shall be available only for the 
     East-West Center: Provided further, That, notwithstanding any 
     other provision of law, not to exceed $335,000,000 of 
     offsetting collections derived from fees collected under the 
     authority of section 104(a)(1) of the Foreign Relations 
     Authorization Act, Fiscal Years 1994 and 1995 (Public Law 
     103-236) during fiscal year 2002 shall be retained and used 
     for authorized expenses in this appropriation and shall 
     remain available until expended: Provided further, That any 
     fees received in excess of $335,000,000 in fiscal year 2002 
     shall not be available for obligation and shall be returned 
     to the General Fund: Provided further, That notwithstanding 
     any other provision of law, a citizen of the United States 
     approved by the Department of State to serve as Deputy 
     Director General of the World Intellectual Property 
     Organization shall, while serving in such position, be deemed 
     an employee in a foreign area within the meaning of 5 U.S.C. 
     Section 5923, and qualify for a living quarters allowance as 
     authorized by 5 U.S.C. 5923(2): Provided further, That a 
     citizen of the United States approved by the Department of 
     State to serve as Deputy Director General of the World 
     Intellectual Property Organization shall, while serving in 
     such position, be deemed as an employee approved for transfer 
     to an international organization within the meaning of 5 
     U.S.C. Section 352, and eligible to continue participating in 
     the retirement, health benefit, group life insurance, and 
     other benefit programs as provided in that section: Provided 
     further, That advances for services authorized by 22 U.S.C. 
     3620(c) may be credited to this account, to remain available 
     until expended for such services: Provided further, That no 
     funds may be obligated or expended for processing licenses 
     for the export of satellites of United States origin 
     (including commercial satellites and satellite components) to 
     the People's Republic of China, unless, at least 15 days in 
     advance, the Committees on Appropriations of the House of 
     Representatives and the Senate are notified of such proposed 
     action: Provided further, That of the amounts made available 
     under this heading, $5,000,000 shall be available only for 
     the reimbursement costs incurred by the State of Hawaii for 
     security expenses relating to the May 2001 Asian Development 
     Bank Meeting: Provided further, That of the amount made 
     available under this heading, $45,419,000 shall only be 
     available to implement the 1999 Pacific Salmon Treaty 
     Agreement, of which $20,000,000 shall be deposited in the 
     Northern Boundary and Transboundary Rivers Restoration and 
     Enhancement Fund, of which $20,000,000 shall be deposited in 
     the Southern Boundary Restoration and Enhancement Fund, and 
     of which $5,419,000 shall be for a direct payment to the 
     State of Washington for obligations under the 1999 Pacific 
     Salmon Treaty Agreement.
       In addition, not to exceed $1,252,000 shall be derived from 
     fees collected from other executive agencies for lease or use 
     of facilities located at the International Center in 
     accordance with section 4 of the International Center Act, as 
     amended; in addition, as authorized by section 5 of such Act, 
     $490,000, to be derived from the reserve authorized by that 
     section, to be used for the purposes set out in that section; 
     in addition, as authorized by section 810 of the United 
     States Information and Educational Exchange Act, not to 
     exceed $6,000,000, to remain available until expended, may be 
     credited to this appropriation from fees or other payments 
     received from English teaching, library, motion pictures, and 
     publication programs, and from fees from educational advising 
     and counseling, and exchange visitor programs; and, in 
     addition, not to exceed $15,000, which shall be derived from 
     reimbursements, surcharges, and fees for use of Blair House 
     facilities.
       In addition, for the costs of worldwide security upgrades, 
     $409,363,000, to remain available until expended.


                        capital investment fund

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


                      office of inspector general

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


               educational and cultural exchange programs

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


                       representation allowances

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


              protection of foreign missions and officials

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


            embassy security, construction, and maintenance

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


           emergencies in the diplomatic and consular service

       For expenses necessary to enable the Secretary of State to 
     meet unforeseen emergencies arising in the Diplomatic and 
     Consular Service, $5,465,000, to remain available until 
     expended as authorized, of which not to exceed $1,000,000 may 
     be transferred to and

[[Page S9270]]

     merged with the Repatriation Loans Program Account, subject 
     to the same terms and conditions.


                   repatriation loans program account

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


              payment to the american institute in taiwan

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


     payment to the foreign service retirement and disability fund

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

              International Organizations and Conferences


              contributions to international organizations

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


        contributions for international peacekeeping activities

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


                       international commissions

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


 international boundary and water commission, united states and mexico

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


                         salaries and expenses

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

                              construction

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


              american sections, international commissions

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


                  international fisheries commissions

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

                                 Other


                     payment to the asia foundation

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


           Eisenhower Exchange Fellowship Program Trust Fund

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


                    israeli arab scholarship program

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


                            East-West Center

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


                    national endowment for democracy

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

                             RELATED AGENCY

                    Broadcasting Board of Governors


                 international broadcasting operations

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


                          broadcasting to cuba

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


                   broadcasting capital improvements

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

       General Provisions--Department of State and Related Agency

       Sec. 401. Funds appropriated under this title shall be 
     available, except as otherwise provided, for allowances and 
     differentials as authorized by subchapter 59 of title 5, 
     United States Code; for services as authorized by 5 U.S.C. 
     3109; and hire of passenger transportation pursuant to 31 
     U.S.C. 1343(b).
       Sec. 402. Not to exceed 5 percent of any appropriation made 
     available for the current fiscal year for the Department of 
     State in this Act may be transferred between such 
     appropriations, but no such appropriation, except as 
     otherwise specifically provided, shall be increased by more 
     than 10 percent by any such transfers: Provided, That not to 
     exceed 5 percent of any appropriation made available for the 
     current fiscal year for the Broadcasting Board of Governors 
     in this Act may be transferred between such appropriations, 
     but no such appropriation, except as otherwise specifically 
     provided, shall be increased by more than 10 percent by any 
     such transfers: Provided further, That any transfer pursuant 
     to this section shall be treated as a reprogramming of funds 
     under section 605 of this Act and shall not be available for 
     obligation or expenditure except in compliance with the 
     procedures set forth in that section.
       Sec. 403. None of the funds made available in this Act may 
     be used by the Department

[[Page S9271]]

     of State or the Broadcasting Board of Governors to provide 
     equipment, technical support, consulting services, or any 
     other form of assistance to the Palestinian Broadcasting 
     Corporation.
       Sec. 404. There is hereby enacted into law S. 787 of the 
     107th Congress (as introduced on April 26, 2001).
       Sec. 405. Hereafter, none of the funds appropriated or 
     otherwise made available for the United Nations may be used 
     by the United Nations for the promulgation or enforcement of 
     any treaty, resolution, or regulation authorizing the United 
     Nations, or any of its specialized agencies or affiliated 
     organizations, to tax any aspect of the Internet or 
     international currency transactions.
       Sec. 406. None of the funds appropriated or otherwise made 
     available by this Act or any other Act for fiscal year 2002 
     or any fiscal year thereafter may be obligated or expended 
     for the operation of a United States consulate or diplomatic 
     facility in Jerusalem unless such consulate or diplomatic 
     facility is under the supervision of the United States 
     Ambassador to Israel.
       Sec. 407. None of the funds appropriated or otherwise made 
     available by this Act or any other Act for fiscal year 2002 
     or any fiscal year thereafter may be obligated or expended 
     for the publication of any official Government document which 
     lists countries and their capital cities unless the 
     publication identifies Jerusalem as the capital of Israel.
       Sec. 408. For the purposes of registration of birth, 
     certification of nationality, or issuance of a passport of a 
     United States citizen born in the city of Jerusalem, the 
     Secretary of State shall, upon request of the citizen, record 
     the place of birth as Israel.
       This title may be cited as the ``Department of State and 
     Related Agency Appropriations Act, 2002''.

                       TITLE V--RELATED AGENCIES

                      DEPARTMENT OF TRANSPORTATION

                        Maritime Administration

                       maritime security program

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

                        operations and training

       For necessary expenses of operations and training 
     activities authorized by law, $89,054,000.


          maritime guaranteed loan (title xi) program account

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


           administrative provisions--maritime administration

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

      Commission for the Preservation of America's Heritage Abroad

                         salaries and expenses

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

                       Commission on Civil Rights


                         salaries and expenses

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

                       Commission on Ocean Policy


                         SALARIES AND EXPENSES

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

            Commission on Security and Cooperation In Europe

                         salaries and expenses

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

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


                         salaries and expenses

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

                Equal Employment Opportunity Commission


                         salaries and expenses

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

                   Federal Communications Commission

                         salaries and expenses

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

                      Federal Maritime Commission

                         salaries and expenses

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

                        Federal Trade Commission


                         salaries and expenses

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

                       Legal Services Corporation


               payment to the legal services corporation

       For payment to the Legal Services Corporation to carry out 
     the purposes of the Legal Services Corporation Act of 1974, 
     as amended, $329,300,000, of which $310,000,000 is

[[Page S9272]]

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


          administrative provision--legal services corporation

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

                        Marine Mammal Commission


                         salaries and expenses

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

           National Veterans Business Development Corporation

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

                   Securities and Exchange Commission


                         salaries and expenses

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

                     Small Business Administration


                         salaries and expenses

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


                      office of inspector general

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


                     business loans program account

       For the cost of direct loans, $1,860,000, to be available 
     until expended; and for the cost of guaranteed loans, 
     $93,500,000, as authorized by 15 U.S.C. 631 note, of which 
     $45,000,000 shall remain available until September 30, 2003: 
     Provided, That such costs, including the cost of modifying 
     such loans, shall be as defined in section 502 of the 
     Congressional Budget Act of 1974, as amended: Provided 
     further, That during fiscal year 2002, commitments to 
     guarantee loans under section 503 of the Small Business 
     Investment Act of 1958, as amended, shall not exceed 
     $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, commitments 
     to guarantee loans 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, $79,510,000, to remain 
     available until expended: Provided, That such costs, 
     including the cost of modifying such loans, shall be as 
     defined in section 502 of the Congressional Budget Act of 
     1974, as amended.
       In addition, for administrative expenses to carry out the 
     direct loan program, $125,354,000, which may be transferred 
     to and merged with appropriations for Salaries and Expenses, 
     of which $500,000 is for the Office of Inspector General of 
     the Small Business Administration for audits and reviews of 
     disaster loans and the disaster loan program and shall be 
     transferred to and merged with appropriations for the Office 
     of Inspector General; of which $115,000,000 is for direct 
     administrative expenses of loan making and servicing to carry 
     out the direct loan program; and of which $9,854,000 is for 
     indirect administrative expenses: Provided, That any amount 
     in excess of $9,854,000 to be transferred to and merged with 
     appropriations for Salaries and Expenses for indirect 
     administrative expenses shall be treated as a reprogramming 
     of funds under section 605 of this Act and shall not be 
     available for obligation or expenditure except in compliance 
     with the procedures set forth in that section.


        administrative provision--small business administration

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

                        State Justice Institute


                         salaries and expenses

       For necessary expenses of the State Justice Institute, as 
     authorized by the State Justice Institute Authorization Act 
     of 1992 (Public Law 102-572; 106 Stat. 4515-4516), 
     $14,850,000, to remain available until expended: Provided, 
     That not to exceed $2,500 shall be available for official 
     reception and representation expenses.

              United States-Canada Alaska Rail Commission


                         SALARIES AND EXPENSES

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

                      TITLE VI--GENERAL PROVISIONS

       Sec. 601. No part of any appropriation contained in this 
     Act shall be used for publicity or propaganda purposes not 
     authorized by the Congress.
       Sec. 602. No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year unless expressly so provided herein.
       Sec. 603. The expenditure of any appropriation under this 
     Act for any consulting service through procurement contract, 
     pursuant to 5 U.S.C. 3109, shall be limited to those 
     contracts where such expenditures are a matter of public 
     record and available for public inspection, except where 
     otherwise provided under existing law, or under existing 
     Executive order issued pursuant to existing law.
       Sec. 604. (a) The caption for section 504 of title 28, 
     United States Code, is amended by replacing ``Attorney'' with 
     ``Attorneys''.
       (b) Section 504 of title 28, United States Code, is amended 
     by inserting after ``General'' the following, ``and a Deputy 
     Attorney General for Combating Domestic Terrorism''.
       (c) There is established within the Department of Justice 
     the position of Deputy Attorney General for Combating 
     Domestic Terrorism, who shall be appointed by the President, 
     by and with the advice and consent of the Senate.

[[Page S9273]]

       (d) Subject to the authority of the Attorney General, the 
     Deputy Attorney General for Combating Domestic Terrorism 
     shall serve as the principal advisor to the Attorney General 
     on, and, with the Deputy Director of the Federal Emergency 
     Management Agency, serve as one of two key government 
     officials responsible for domestic counterterrorism and 
     antiterrorism policy.
       (e) The Deputy Attorney General for Combating Terrorism 
     together with the Deputy Director of the Federal Emergency 
     Management Agency shall coordinate all functions of the 
     Federal Government related to domestic counterterrorism and 
     antiterrorism activities, including--
       (1) the development of a National Strategy for Combating 
     Domestic Terrorism that shall establish national policies, 
     objectives, and priorities for preventing, preparing for, and 
     responding to domestic terrorism within the United States;
       (2) the coordination of the implementation of the National 
     Strategy for Combating Domestic Terrorism by the departments 
     and agencies of the Federal Government and by State and local 
     entities with responsibilities for combating domestic 
     terrorism; and
       (3) the recommendation of changes in the organization and 
     management of Federal departments and agencies and State and 
     local entities engaged in combating domestic terrorism to the 
     Congress, the President, the Vice President, the Attorney 
     General, and the Director of the Federal Emergency Management 
     Agency.
       (f) Subject to the authority of the Attorney General, the 
     Deputy Attorney General for Combating Domestic Terrorism 
     shall be responsible for State and local preparedness for 
     weapons of mass destruction, security classifications and 
     clearances within the Department of Justice, and contingency 
     operations within the Department of Justice.
       (g) For necessary expenses of the Office of the Deputy 
     Attorney General for Combating Domestic Terrorism, 
     $23,000,000, to remain available until expended.
       (h) Notwithstanding any other provision of law, all 
     authorities, liabilities, funding, personnel, equipment, and 
     real property associated with the Office of State and Local 
     Domestic Preparedness Support, the National Domestic 
     Preparedness Office, the Executive Office of National 
     Security, and such components which relate to domestic 
     counterterrorism and antiterrorism activities in the Office 
     of Intelligence Policy and Review as are appropriate shall be 
     transferred to the Deputy Attorney General for Combating 
     Domestic Terrorism not later than 90 days after enactment of 
     this Act.
       Sec. 605. (a) None of the funds provided under this Act, or 
     provided under previous appropriations Acts to the agencies 
     funded by this Act that remain available for obligation or 
     expenditure in fiscal year 2002, or provided from any 
     accounts in the Treasury of the United States derived by the 
     collection of fees available to the agencies funded by this 
     Act, shall be available for obligation or expenditure through 
     a reprogramming of funds which: (1) creates new programs; (2) 
     eliminates a program, project, or activity; (3) increases 
     funds or personnel by any means for any project or activity 
     for which funds have been denied or restricted; (4) relocates 
     an office or employees; (5) reorganizes offices, programs, or 
     activities; or (6) contracts out or privatizes any functions, 
     or activities presently performed by Federal employees; 
     unless the Appropriations Committees of both Houses of 
     Congress are notified 15 days in advance of such 
     reprogramming of funds.
       (b) None of the funds provided under this Act, or provided 
     under previous appropriations Acts to the agencies funded by 
     this Act that remain available for obligation or expenditure 
     in fiscal year 2002, or provided from any accounts in the 
     Treasury of the United States derived by the collection of 
     fees available to the agencies funded by this Act, shall be 
     available for obligation or expenditure for activities, 
     programs, or projects through a reprogramming of funds in 
     excess of $500,000 or 10 percent, whichever is less, that: 
     (1) augments existing programs, projects, or activities; (2) 
     reduces by 10 percent funding for any existing program, 
     project, or activity, or numbers of personnel by 10 percent 
     as approved by Congress; or (3) results from any general 
     savings from a reduction in personnel which would result in a 
     change in existing programs, activities, or projects as 
     approved by Congress; unless the Appropriations Committees of 
     both Houses of Congress are notified 15 days in advance of 
     such reprogramming of funds.
       Sec. 606. Section 286(d) of Public Law 82-414, as amended, 
     is further amended--
       (1) in subsection (d), by striking ``$6'' and inserting 
     ``$7''; and
       (2) in subsection (h), by adding at the end the following 
     new paragraph:
       ``(3) Not less than nine percent of the total amounts 
     deposited under this subsection in a fiscal year shall be 
     available only to automate or otherwise improve the speed, 
     accuracy, or security of the inspection process.''.
       Sec. 607. None of the funds made available in this Act may 
     be used for the construction, repair (other than emergency 
     repair), overhaul, conversion, or modernization of vessels 
     for the National Oceanic and Atmospheric Administration in 
     shipyards located outside of the United States.
       Sec. 608. Section 140 of Public Law 97-92 (28 U.S.C. 461 
     note; 95 Stat. 1200) is amended by adding at the end the 
     following: ``This section shall apply to fiscal year 1981 and 
     each fiscal year thereafter.''.
       Sec. 609. None of the funds made available in this Act may 
     be used to implement, administer, or enforce any guidelines 
     of the Equal Employment Opportunity Commission covering 
     harassment based on religion, when such guidelines do not 
     differ in any respect from the proposed guidelines published 
     by the Commission on October 1, 1993 (58 Fed. Reg. 51266).
       Sec. 610. None of the funds made available by this Act may 
     be used for any United Nations undertaking when: (1) the 
     United Nations undertaking is a peacekeeping mission; (2) 
     such undertaking will involve United States Armed Forces 
     under the command or operational control of a foreign 
     national; and (3) the President's military advisors have not 
     submitted to the President a recommendation that such 
     involvement is in the national security interests of the 
     United States and the President has not submitted to the 
     Congress such a recommendation.
       Sec. 611. (a) None of the funds appropriated or otherwise 
     made available by this Act shall be expended for any purpose 
     for which appropriations are prohibited by section 609 of the 
     Departments of Commerce, Justice, and State, the Judiciary, 
     and Related Agencies Appropriations Act, 1999.
       (b) The requirements in subparagraphs (A) and (B) of 
     section 609 of that Act shall continue to apply during fiscal 
     year 2002.
       Sec. 612. Hereafter, none of the funds appropriated or 
     otherwise made available to the Bureau of Prisons shall be 
     used to provide the following amenities or personal comforts 
     in the Federal prison system--
       (1) in-cell television viewing except for prisoners who are 
     segregated from the general prison population for their own 
     safety;
       (2) the viewing of R, X, and NC-17 rated movies, through 
     whatever medium presented;
       (3) any instruction (live or through broadcasts) or 
     training equipment for boxing, wrestling, judo, karate, or 
     other martial art, or any bodybuilding or weightlifting 
     equipment of any sort;
       (4) possession of in-cell coffee pots, hot plates or 
     heating elements; or
       (5) the use or possession of any electric or electronic 
     musical instrument.
       Sec. 613. Any costs incurred by a department or agency 
     funded under this Act resulting from personnel actions taken 
     in response to funding reductions included in this Act shall 
     be absorbed within the total budgetary resources available to 
     such department or agency: Provided, That the authority to 
     transfer funds between appropriations accounts as may be 
     necessary to carry out this section is provided in addition 
     to authorities included elsewhere in this Act: Provided 
     further, That use of funds to carry out this section shall be 
     treated as a reprogramming of funds under section 605 of this 
     Act and shall not be available for obligation or expenditure 
     except in compliance with the procedures set forth in that 
     section.
       Sec. 614. Hereafter, none of the funds appropriated or 
     otherwise made available to the Federal Bureau of Prisons may 
     be used to distribute or make available any commercially 
     published information or material to a prisoner when such 
     information or material is sexually explicit or features 
     nudity.
       Sec. 615. (a) None of the funds appropriated or otherwise 
     made available by this Act shall be expended for any purpose 
     for which appropriations are prohibited by section 616 of the 
     Departments of Commerce, Justice, and State, the Judiciary, 
     and Related Agencies Appropriations Act, 1999, as amended.
       (b) The requirements in subsections (b) and (c) of section 
     616 of that Act shall continue to apply during fiscal year 
     2002.
       Sec. 616. None of the funds appropriated pursuant to this 
     Act or any other provision of law may be used for: (1) the 
     implementation of any tax or fee in connection with the 
     implementation of 18 U.S.C. 922(t); and (2) any system to 
     implement 18 U.S.C. 922(t) that does not require and result 
     in the destruction of any identifying information submitted 
     by or on behalf of any person who has been determined not to 
     be prohibited from owning a firearm.
       Sec. 617. Notwithstanding any other provision of law, 
     amounts deposited or available in the Fund established under 
     42 U.S.C. 10601 in any fiscal year in excess of $576,462,000 
     shall not be available for obligation until the following 
     fiscal year.
       Sec. 618. Hereafter, none of the funds appropriated or 
     otherwise made available to the Department of State and the 
     Department of Justice shall be available for the purpose of 
     granting either immigrant or nonimmigrant visas, or both, 
     consistent with the Secretary's determination under section 
     243(d) of the Immigration and Nationality Act, to citizens, 
     subjects, nationals, or residents of countries that the 
     Attorney General has determined deny or unreasonably delay 
     accepting the return of citizens, subjects, nationals, or 
     residents under that section.
       Sec. 619. None of the funds made available to the 
     Department of Justice in this Act may be used for the purpose 
     of transporting an individual who is a prisoner pursuant to 
     conviction for crime under State or Federal law and is 
     classified as a maximum or high security prisoner, other than 
     to a prison or other facility certified by the Federal Bureau 
     of Prisons as appropriately secure for housing such a 
     prisoner.
       Sec. 620. Section 504(a)(16) of the Commerce, Justice, and 
     State, the Judiciary, and Related Agencies Appropriations 
     Act, 1996 (110 Stat. 1321-55; Public Law 104-134) is amended 
     by striking beginning with ``, except that'' through 
     ``representation''.
       Sec. 621. The requirements of section 312(a)(3) of the 
     Magnuson-Stevens Fishery

[[Page S9274]]

     Conservation and Management Act shall not apply to funds made 
     available by section 2201 of Public Law 106-246.
       Sec. 622. (a) Section 203(i) of the Act entitled ``An Act 
     to approve a governing international agreement between the 
     United States and the Republic of Poland, and for other 
     purposes'', approved November 13, 1998, is amended by 
     striking ``2001'' and inserting ``2006''.
       (b) Section 203 of such Act, as amended by subsection (a), 
     is further amended by adding at the end the following:
       ``(j) Not later than December 31, 2001, and every 2 years 
     thereafter, the Pacific State Marine Fisheries Commission 
     shall submit to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on Resources 
     of the House of Representatives a report on the health and 
     management of the Dungeness Crab fishery located off the 
     coasts of the States of Washington, Oregon, and 
     California.''.

                         TITLE VII--RESCISSIONS

                 DEPARTMENT OF STATE AND RELATED AGENCY

              International Organizations and Conferences


        contributions for international peacekeeping activities

                              (rescission)

       Of the unobligated balances available under this heading, 
     $126,620,000 are rescinded.
       This Act may be cited as the ``Departments of Commerce, 
     Justice, and State, the Judiciary, and Related Agencies 
     Appropriations Act, 2002.''
                                  ____

  SA 1534. Mr. KENNEDY, submitted an amendment intended to be proposed 
by him to the bill H.R. 2500, 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; 
which was ordered to lie on the table; as follows:

       At the end of title V, add the following:
       Sec. 5__. (a) Section 502 of the Departments of Commerce, 
     Justice, and State, the Judiciary, and Related Agencies 
     Appropriations Act, 1998 (Public Law 105-119; 111 Stat. 2510) 
     is amended--
       (1) in subsection (a)(2), by striking subparagraph (C) and 
     inserting the following:
       ``(C) subsection (a)(11) of such section 504 shall not be 
     construed to prohibit a recipient from using funds derived 
     from a source other than the Corporation to provide related 
     legal assistance to--
       ``(i) an alien who has been battered or subjected to 
     extreme cruelty, or who has been subjected to violence from 
     which the alien is protected under the domestic violence laws 
     (including criminal and civil domestic violence laws) or 
     family violence laws of the jurisdiction in which the 
     recipient is located; or
       ``(ii) an alien whose child has been battered or subjected 
     to extreme cruelty, or whose child has been subjected to 
     violence from which the child is protected under domestic or 
     family violence laws described in clause (i), in a case in 
     which the alien did not actively participate in such battery, 
     cruelty, or violence.''; and
       (2) in subsection (b)(2), by striking ``battery or 
     cruelty'' and inserting ``battery, cruelty, or other domestic 
     or family violence''.
       (b) Any funds appropriated for the Legal Services 
     Corporation for fiscal year 1999, 2000, or 2001 and remaining 
     available on the date of enactment of this Act shall be 
     subject to the terms and conditions set forth in section 502 
     of the Departments of Commerce, Justice, and State, the 
     Judiciary, and Related Agencies Appropriations Act, 1998 (as 
     amended by subsection (a)), rather than section 502 of such 
     Act (as in effect on the day before the date of enactment of 
     this Act).
                                  ____

  SA 1535. Mr. HOLLINGS (for himself and Mr. Gregg) proposed an 
amendment to the bill H.R. 2500, 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; as follows:

       On page 91, line 15, before the ``.'', insert the 
     following: ``, of which $13,000,000 shall remain available 
     until expended for capital improvements at the U.S. Merchant 
     Marine Academy''.
       On page 18, line 20, before the ``:'', insert the 
     following: ``, of which $11,554,000 shall be available only 
     for the activation of the facility at Atwater, California, 
     and of which $13,323,000 shall be available only for the 
     activation of the facility at Honolulu, Hawaii''.
       On page 53, line 23, strike ``$54,255,000'' and insert 
     ``$23,890,000''.
       On page 55, starting on line 4, and finishing on line 5, 
     strike ``provided under this heading in previous years'' and 
     insert in lieu thereof ``in excess of $22,000,000''.
       On page 53, starting on line 16 and continuing through line 
     18, strike ``for expenses necessary to carry out ``NOAA 
     Operations, Research and Facilities sub-category'' '' and 
     insert in lieu thereof ``for conservation activities 
     defined''.
       On page 58, starting on line 7 and ending on line 8, strike 
     ``the ``NOAA Procurement, Acquisition, and Construction sub-
     category'' '' and insert in lieu thereof ``conservation 
     activities defined''.
       On page 58, line 10, after ``amended'', insert ``including 
     funds for''.
       On page 58, strike all after ``expended'' on line 12 
     through ``limits'' on line 16.
       On page 58, line 16, after ``That'', insert the following: 
     ``, notwithstanding any other provision of law,''.
       On page 58, line 17, strike ``for'' and insert in lieu 
     thereof ``used to initiate''.
       On page 58, line 18, insert before the ``:'', the 
     following: ``, for which there shall be no matching 
     requirement''.
       On page 59, starting on line 2 and ending on line 3, strike 
     `` ``NOAA Pacific Coastal Salmon Recovery sub-category'' '' 
     and insert in lieu thereof ``conservation activities 
     defined''.
       On page 59, line 5, after the second ``,'', insert the 
     following: ``including funds for''.
       On page 59, line 9, strike all after ``expended'' through 
     ``limits'' on line 13.
       On page 65, line 13, after ``funds'', insert the following: 
     ``, functions, or personnel''.
       On page 66, line 5, strike ``$40,000,000'' and insert 
     ``7,000,000''.
       On page 66, line 7, before the ``;'', insert the following: 
     ``or support for the Commerce Administrative Management 
     System Support Center''.
       On page 66, line 8, after the ``(B)'', strike ``not more 
     than $15,000,000'' and insert in lieu thereof ``None''.
       On page 67, after line 15, insert the following new 
     subsection:
       ``(f) The Office of Management and Budget shall issue a 
     quarterly Apportionment and Reapportionment Schedule, and a 
     Standard Form 133, for the Working Capital Fund and the 
     ``Advances and Reimbursements'' account based upon the report 
     required by subsection (d)(1).''.
       On page 75, after line 11, insert the following new 
     section:
       ``Sec. 306. Pursuant to section 140 of Public Law 97-92, 
     Justices and judges of the United States are authorized 
     during fiscal year 2002, to receive a salary adjustment in 
     accordance with 28 U.S.C. 461: Provided, That $8,625,000 is 
     appropriated for salary adjustments pursuant to this section 
     and such funds shall be transferred to and merged with 
     appropriations in title III of this Act.''.
       On page 42, line 21, strike ``$49,386,000'' and insert 
     ``$51,440,000''.
       Strike section 107 and renumber sections 108-111 as ``107-
     110''.
       On page 102, line 20, strike ``$3,750,000,000'' and insert 
     ``$4,500,000,000, as provided under section 20(h)(1)(B)(ii) 
     of the Small Business Act''.
       On page 103, line 1, after ``loans'', insert ``for 
     debentures and participating securities''.
       On page 103, line 3, strike ``$4,100,000'', and insert 
     ``the levels established by section 200(h)(1)(C) of the Small 
     Business Act''.
       On page 105, line 5, before the ``,'', insert the 
     following: ``, to remain available until expended''.
       On page 104, line 24, strike ``$14,850,000 and insert 
     $6,225,000''.
       On page 10, line 18, strike ``$724,682,000'' and insert 
     ``$712,682,000''.
                                  ____

  SA 1536. Mr. CRAIG (for himself, Mr. Miller, Mr. Helms, Mr. Smith of 
New Hampshire, Mr. Allen, Mr. Crapo, Mr. Lott, Mr. Nickles, Mr. 
Santorum, Mr. Bennett, Mr. Allard, Mr. Kyl, Mr. Bond, and Mr. Inhofe) 
proposed an amendment to the bill H.R. 2500, making appropriations for 
the Departments of Commerce, Justice and State, the Judiciary, and 
related agencies of the fiscal year ending September 30, 2002, and for 
other purposes; as follows:

       At the end of title VI, add the following:
       Sec. 623. (a) Findings.--Congress makes the following 
     findings:
       (1) On July 17, 1998, the United Nations Diplomatic 
     Conference of Plenipotentiaries on the Establishment of an 
     International Criminal Court, meeting in Rome, Italy, adopted 
     the ``Rome Statute of the International Criminal Court''. The 
     United States voted against final adoption of the Rome 
     Statute.
       (2) As of April 30, 2001, 139 countries had signed the Rome 
     Statute and 30 had ratified it. Pursuant to Article 126 of 
     the Rome Statute, the Statute will enter into force on the 
     first day of the month after the 60th day following the date 
     on which the 60th country deposits an instrument ratifying 
     the Statute.
       (3) Any American prosecuted by the International Criminal 
     Court will, under the Rome Statute, be denied procedural 
     protections to which all Americans are entitled under the 
     Bill of Rights to the United States Constitution, such as the 
     right to trial by jury.
       (4) Members of the Armed Forces of the United States 
     deserve the full protection of the United States Constitution 
     wherever they are stationed or deployed around the world to 
     protect the vital national interests of the United States. 
     The United States Government has an obligation to protect the 
     members of its Armed Forces, to the maximum extent possible, 
     against criminal prosecutions carried out by United Nations 
     officials under procedures that deny them their 
     constitutional rights.
       (5) In addition to exposing members of the Armed Forces of 
     the United States to the risk of international criminal 
     prosecution, the Rome Statute creates a risk that the

[[Page S9275]]

     President and other senior elected and appointed officials of 
     the United States Government may be prosecuted by the 
     International Criminal Court for national security decisions 
     involving such matters as responding to acts of terrorism, 
     preventing the proliferation of weapons of mass destruction, 
     and deterring aggression.
       (6) The claimed jurisdiction of the International Criminal 
     Court over citizens of a country that is not a state party to 
     the Rome Statute is a threat to the sovereignty of the United 
     States under the Constitution of the United States.
       (b) Prohibition.--None of the funds appropriated or 
     otherwise made available by this Act shall be available for 
     cooperation with, or assistance or other support to, the 
     International Criminal Court or the Preparatory Commission. 
     This subsection shall not be construed to apply to any other 
     entity outside the Rome treaty.
                                  ____

  SA 1537. Mr. CRAIG proposed an amendment to amendment SA 1536 
proposed by Mr. Craig to the bill H.R. 2500, 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; as follows:

       Strike line 2 and all that follows, and insert the 
     following:
       Sec. 623. None of the funds appropriated or otherwise made 
     available by this Act shall be available for cooperation 
     with, or assistance or other support to, the International 
     Criminal Court or the Preparatory Commission. This subsection 
     shall not be construed to apply to any other entity outside 
     the Rome treaty.
                                  ____

  SA 1538. Mr. SMITH of New Hampshire (for himself, Mr. Harkin, Mr. 
Warner, Mr. Inhofe, Mr. Cochran, Mr. Allard, Mr. Campbell, and Mr. 
Johnson) proposed an amendment to the bill H.R. 2500, 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; as follows:

       At the appropriate place, add the following:
       Sec.   . None of the funds made available in this Act may 
     be used by the Department of Justice or the Department of 
     State to file a motion in any court opposing a civil action 
     against any Japanese person or corporation for compensation 
     or reparations in which the plaintiff alleges that, as an 
     American prisoner of war during World War II, he or she was 
     used as slave or forced labor.
                                  ____

  SA 1539. Mr. WELLSTONE (for himself, Mr. Helms, Mr. Kohl, Mr. 
Feingold, and Mr. Akaka) submitted an amendment intended to be proposed 
by him to the bill H.R. 2500, 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; 
which was ordered to lie on the table; as follows:

       On page 41, between lines 22 and 23, insert the following:
       Sec. 112. Section 6 of the Hmong Veterans' Naturalization 
     Act of 2000 (Public Law 106-207; 8 U.S.C. 1423 note) (as 
     amended by Public Law 106-415) is amended by striking ``18 
     months'' each place such term appears and inserting ``36 
     months''.
                                  ____

  SA 1540. Mr. SMITH of New Hampshire submitted an amendment intended 
to be proposed by him to the bill H.R. 2500, 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; which was ordered to lie on the table; as follows:

       On page 46, line 9, strike ``$341,000,000, to remain 
     available until expended.'' and insert ``$345,000,000, to 
     remain available until expended, of which $4,000,000 shall be 
     made available to the North County Council to be used to 
     provide assistance (such as a revolving loan fund for small 
     businesses and, in coordination with local community 
     colleges, job training) to the towns of Berlin and Gorham, 
     New Hampshire and businesses and individuals that have been 
     significantly affected by the closure of and layoffs at the 
     American Tissue mills in Berlin and Gorham, New Hampshire.''.
       On page 87, line 7, strike ``$31,000,000'' and insert 
     ``$27,000,000''.
                                  ____

  SA 1541. Mr. CRAIG (for himself, Mr. Crapo, Mr. Bennett, Mr. Allen, 
and Mr. Hatch) submitted an amendment intended to be proposed by him to 
the bill H.R. 2500, 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; 
which was ordered to lie on the table; as follows:

       Insert at the appropriate place the following:

     SEC.   . SENSE OF THE SENATE REGARDING THE REPUBLIC OF 
                   KOREA'S IMPROPER BAILOUT OF HYNIX 
                   SEMICONDUCTOR.

       (a) Findings.--Congress finds that--
       (1) the Government of the Republic of Korea over many years 
     has supplied aid to the Korean semiconductor industry 
     enabling that industry to be the Republic of Korea's leading 
     exporter;
       (2) this assistance has occurred through a coordinated 
     series of government programs and policies, consisting of 
     preferential access to credit, low-interest loans, government 
     grants, preferential tax programs, government inducement of 
     private sector loans, tariff reductions, and other measures;
       (3) in December 1997, the United States, the International 
     Monetary Fund (IMF), other foreign government entities, and a 
     group of international financial institutions assembled an 
     unprecedented $58,000,000,000 financial package to prevent 
     the Korean economy from declaring bankruptcy;
       (4) as part of that rescue package, the Republic of Korea 
     agreed to put an end to corporate cronyism, and to overhaul 
     the banking and financial sectors;
       (5) Korea also pledged to permit and require banks to run 
     on market principles, to allow and enable bankruptcies and 
     workouts to occur rather than bailouts, and to end subsidies;
       (6) the Republic of Korea agreed to all of these provisions 
     in the Stand-by Arrangement with the IMF dated December 3, 
     1997;
       (7) section 602 of the Foreign Operations, Export 
     Financing, and Related Agencies Appropriations Act, 1999, as 
     enacted by section 101(d) of Division A of the Omnibus 
     Consolidated and Emergency Supplemental Appropriations Act 
     (Public Law 105-277; 112 Stat. 2681-220) specified that the 
     United States would not authorize further IMF payments to 
     Korea unless the Secretary of the Treasury certified that the 
     provisions of the IMF Standby Arrangement were adhered to;
       (8) the Secretary of the Treasury certified to Congress on 
     December 11, 1998, April 5, 1999, and July 2, 1999 that the 
     Stand-by Arrangement was being adhered to, and assured 
     Congress that consultations had been held with the Government 
     of the Republic of Korea in connection with the 
     certifications;
       (9) the Republic of Korea has acceded to the World Trade 
     Organization, and to the Agreement on Subsidies and 
     Countervailing Measures (as defined in section 101(d)(12) of 
     the Uruguay Round Agreements Act);
       (10) the Agreement on Subsidies and Countervailing Measures 
     specifically prohibits export subsidies, and makes actionable 
     other subsidies bestowed upon a specific enterprise that 
     causes adverse effects;
       (11) Hynix Semiconductor is a major exporter of 
     semiconductor products from the Republic of Korea to the 
     United States; and
       (12) The Republic of Korea has now engaged in a massive 
     $5,000,000,000 bailout of Hynix Semiconductor which 
     contravenes the commitments the Government of the Republic of 
     Korea made to the IMF, the World Trade Organization and in 
     other agreements, and the understandings and certifications 
     made to Congress under the Omnibus Consolidated and Emergency 
     Supplemental Appropriations Act, 1999:
       (b) Sense of the Senate.--It is the sense of the Senate 
     that--
       ((1) The Secretary of the Treasury, the Secretary of 
     Commerce, and the United States Trade Representative should 
     forthwith request consultations with the Republic of Korea 
     under Article 4 and Article 7 of the Agreement on Subsidies 
     and Countervailing Measures of the World Trade Organization, 
     and take immediately such other actions as are necessary to 
     assure that the improper bailout by the Republic of Korea is 
     stopped, and its effects fully offset or reversed;
       (2) the relationship between the United States and Republic 
     of Korea has been and will continue to be harmed 
     significantly by the bailout of a major exporter of products 
     from Korea to the United States;
       (3) the Republic of Korea should end immediately the 
     bailout of Hynix Semiconductor;
       (4) the Republic of Korea should comply immediately with 
     its commitments to the IMF, with its trade agreements, and 
     with the assurances it made to the Secretary of the Treasury; 
     and
       (5) the United States Trade Representative and the 
     Secretary of Commerce should monitor and report to Congress 
     on steps that have been taken to end this bailout and reverse 
     its effects.
                                  ____

  SA 1542. Mr. DORGAN (for himself and Mr. Kerry) proposed an amendment 
to the bill H.R. 2500, 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; as 
follows:

       On page 44, line 1, strike ``$347,090,000'' and insert 
     ``$357,090,000''.
       On page 44, line 6, strike ``$27,441,000'' and insert 
     ``$32,441,000''.
       On page 44, line 7, strike ``$42,859,000'' and insert 
     ``$47,859,000''.
       On page 88, line 7, strike ``and television''.
       On page 88, line 9, strike ``and television''.
       On page 88, line 10, strike ``$24,872,000'' and insert 
     ``$14,872,000''.
                                  ____

  SA 1543. Mr. DORGAN proposed an amendment to the bill H.R. 2500, 
making appropriations for the Departments

[[Page S9276]]

of Commerce, Justice, and State, the Judiciary, and related agencies 
for the fiscal year ending September 30, 2002, and for other purposes; 
as follows:

       At the appropriate place, insert the following:

     SEC.   . PROHIBITION ON SALE OF DISASTER LOANS.

       Notwithstanding any other provision of law, no amount made 
     available under this Act may be used to sell any disaster 
     loan authorized by section 7(b) of the Small Business Act (15 
     U.S.C. 636(b)) to any private company or other entity.
                                  ____

  SA 1544. Mrs. FEINSTEIN submitted an amendment intended to be 
proposed by her to the bill H.R. 2500, 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; which was ordered to lie on the table; as follows:

       On page 116, between lines 9 and 10, insert the following:

                     TITLE VIII--INFANT CRIB SAFETY

     SEC. 801. SHORT TITLE.

       This title may be cited as the ``Infant Crib Safety Act''.

     SEC. 802. FINDINGS; PURPOSE.

       (a) Findings.--Congress makes the following findings:
       (1) The disability and death of infants resulting from 
     injuries sustained in crib incidents are a serious threat to 
     the public health, welfare, and safety of people of this 
     country.
       (2) The design and construction of a baby crib must ensure 
     that it is safe to leave an infant unattended for extended 
     periods of time. A parent or caregiver has a right to believe 
     that the crib in use is a safe place to leave an infant.
       (3) Each year more than 12,000 children ages 2 and under 
     are injured in cribs seriously enough to require hospital 
     treatment.
       (4) Each year at least 50 children ages 2 and under die 
     from injuries sustained in cribs.
       (5) The United States Consumer Product Safety Commission 
     estimates that the cost to society resulting from deaths due 
     to cribs is at least $225,000,000 per year.
       (6) Secondhand, hand-me-down, and heirloom cribs pose a 
     special problem. There are nearly 4 million infants born in 
     this country each year, but only one million new cribs sold. 
     As many as 2 out of 4 infants are placed in secondhand, hand-
     me-down, or heirloom cribs.
       (7) Most crib deaths occur in secondhand, hand-me-down, or 
     heirloom cribs.
       (8) Existing State and Federal legislation is inadequate to 
     deal with the hazard presented by secondhand, hand-me-down, 
     or heirloom cribs.
       (9) Prohibiting the contracting to sell, resell, lease, 
     sublease of unsafe cribs that are not new, or otherwise place 
     in the stream of commerce unsafe secondhand, hand-me-down, or 
     heirloom cribs, will prevent injuries and deaths caused by 
     cribs.
       (b) Purpose.--The purpose of this title is to prevent the 
     occurrence of injuries and deaths to infants as a result of 
     unsafe cribs by making it illegal--
       (1) to manufacture, sell, or contract to sell any crib that 
     is unsafe for any infant using it; or
       (2) to resell, lease, sublet, or otherwise place in the 
     stream of commerce, after the effective date of this Act, any 
     unsafe crib, particularly any unsafe secondhand, hand-me-
     down, or heirloom crib.

     SEC. 803. DEFINITIONS.

       As used in this title:
       (1) Commercial user.--The term ``commercial user'' means 
     any person--
       (A) who manufactures, sells, or contracts to sell full-size 
     cribs or nonfull-size cribs; or
       (B) who--
       (i) deals in full-size or nonfull-size cribs that are not 
     new or who otherwise by one's occupation holds oneself out as 
     having knowledge or skill peculiar to full-size cribs or 
     nonfull-size cribs, including child care facilities and 
     family child care homes; or
       (ii) is in the business of contracting to sell or resell, 
     lease, sublet, or otherwise placing in the stream of commerce 
     full-size cribs or nonfull-size cribs that are not new.
       (2) Crib.--The term ``crib'' means a full-size crib or 
     nonfull-size crib.
       (3) Full-size crib.--The term ``full-size crib'' means a 
     full-size baby crib as defined in section 1508.1 of title 16 
     of the Code of Federal Regulations.
       (4) Infant.--The term ``infant'' means any person less than 
     35 inches tall or less than 2 years of age.
       (5) Nonfull-size crib.--The term ``nonfull-size crib'' 
     means a nonfull-size baby crib as defined in section 
     1509.2(b) of title 16 of the Code of Federal Regulations 
     (including a portable crib and a crib-pen described in 
     paragraph (2) of subsection (b) of that section).

     SEC. 804. PROHIBITIONS.

       (a) In General.--It shall be unlawful for any commercial 
     user--
       (1) to manufacture, sell, or contract to sell, any full-
     size crib or nonfull-size crib that is unsafe for any infant 
     using it; or
       (2) to sell, contract to sell or resell, lease, sublet, or 
     otherwise place in the stream of commerce, any full-size or 
     nonfull-size crib that is not new and that is unsafe for any 
     infant using the crib.
       (b) Lodgings.--It shall be unlawful for any hotel, motel, 
     or similar transient lodging facility to offer or provide for 
     use or otherwise place in the stream of commerce, on or after 
     the effective date of this title, any full-size crib or 
     nonfull-size crib that is unsafe for any infant using it.

     SEC. 805. CRIB STANDARDS.

       A crib shall be presumed to be unsafe under this title if 
     it does not conform to all of the following:
       (1) Part 1508 (commencing with section 1508.1) of title 16 
     of the Code of Federal Regulations.
       (2) Part 1509 (commencing with section 1509.1) of title 16 
     of the Code of Federal Regulations.
       (3) Part 1303 (commencing with section 1303.1) of title 16 
     of the Code of Federal Regulations.
       (4) American Society for Testing Materials Voluntary 
     Standard F406.
       (5) American Society for Testing Materials Voluntary 
     Standards F966.
       (6) American Society for Testing Materials Voluntary 
     Standards F1169.
       (7) American Society for Testing Materials Voluntary 
     Standards F1822.
       (8) Any regulations or standards that are adopted in order 
     to amend or supplement the regulations described in 
     paragraphs (1) through (7).

     SEC. 806. EXCEPTIONS.

       This title shall not apply to a full-size crib or nonfull-
     size crib that is not intended for use by an infant, 
     including a toy or display item, if at the time it is 
     manufactured, made subject to a contract to sell or resell, 
     leased, sublet, or otherwise placed in the stream of 
     commerce, as applicable, it is accompanied by a notice to be 
     furnished by each commercial user declaring that the crib is 
     not intended to be used for an infant and is dangerous to use 
     for an infant.

     SEC. 807. ENFORCEMENT.

       (a) Civil Penalty.--Any commercial user, hotel, motel, or 
     similar transient lodging facility that knowingly violates 
     section 804 is subject to a civil penalty not exceeding 
     $1,000.
       (b) Injunction.--Any person may bring an action in a 
     district court of the United States against any commercial 
     user, hotel, motel, or similar transient lodging facility to 
     enjoin any act or omission that violates section 804, and for 
     reasonable attorneys fees and costs incurred in bringing the 
     action.

     SEC. 808. REMEDIES.

       Penalties or other remedies available under this title are 
     in addition to any other fines, penalties, remedies, or 
     procedures under any other provision of law.

     SEC. 809. EFFECTIVE DATE.

       This title shall become effective 90 days after the date of 
     the enactment of this Act.
                                  ____

  SA 1545. Mrs. FEINSTEIN submitted an amendment intended to be 
proposed by her to the bill H.R. 2500, 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; which was ordered to lie on the table; as follows:

       On page 17, line 20, after the colon insert the following: 
     ``Provided further, That, of the amount appropriated under 
     this heading, $67,000,000 shall be transferred to the 
     Immigration Services and Infrastructure Improvements Account 
     under section 204 of the Immigration Services and 
     Infrastructure Improvements Act of 2000 (U.S.C. 1573), to be 
     used for the same purposes for which funds in such account 
     may be used and to remain available until expended:''.
                                  ____

  SA 1546. Ms. COLLINS (for herself and Ms. Snowe) submitted an 
amendment intended to be proposed by her to the bill H.R. 2500, 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; which was ordered to lie on the 
table; as follows:

       On page 34, line 5, after ``Act'' insert ``, of which 
     $250,000 shall be for a grant to the Rapid Response Program 
     in Washington and Hancock Counties, Maine''.
                                  ____

  SA 1547. Mr. SMITH of New Hampshire submitted an amendment intended 
to be proposed by him to the bill H.R. 2500, 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; which was ordered to lie on the table; as follows:

       On page 46, line 9, before the period at the end, insert 
     the following: ``, of which $100,000 shall be used by the 
     Secretary of Commerce to conduct a study, and, not later than 
     1 year after the date of enactment of this Act, submit to the 
     Committee on Environment and Public Works of the Senate a 
     report, on the need for and the feasibility of establishing 
     an eco-industrial grant program''.

[[Page S9277]]



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