[107th Congress Public Law 77]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ077.107]
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DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2002
[[Page 115 STAT. 748]]
Public Law 107-77
107th Congress
An Act
Making appropriations for the Departments of Commerce, Justice, and
State, the Judiciary, and related agencies for the fiscal year ending
September 30, 2002, and for other purposes. <<NOTE: Nov. 28,
2001 - [H.R. 2500]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Departments of
Commerce, Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 2002. Department of Justice Appropriations Act,
2002.>> That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2002, and for other purposes, namely:
TITLE I--DEPARTMENT OF JUSTICE
General Administration
salaries and expenses
For expenses necessary for the administration of the Department of
Justice, $91,668,000, of which not to exceed $3,317,000 is for the
Facilities Program 2000, to remain available until expended: Provided,
That not to exceed 43 permanent positions and 44 full-time equivalent
workyears and $8,451,000 shall be expended for the Department Leadership
Program exclusive of augmentation that occurred in these offices in
fiscal year 2001: Provided further, That not to exceed 41 permanent
positions and 48 full-time equivalent workyears and $4,997,000 shall be
expended for the Offices of Legislative Affairs and Public Affairs:
Provided further, That the latter two aforementioned offices may utilize
non-reimbursable details of career employees within the caps described
in the preceding proviso: Provided further, That the Attorney General is
authorized to transfer, under such terms and conditions as the Attorney
General shall specify, forfeited real or personal property of limited or
marginal value, as such value is determined by guidelines established by
the Attorney General, to a State or local government agency, or its
designated contractor or transferee, for use to support drug abuse
treatment, drug and crime prevention and education, housing, job skills,
and other community-based public health and safety programs: Provided
further, That any transfer under the preceding proviso shall not create
or confer any private right of action in any person against the United
States, and shall be treated as a reprogramming under section 605 of
this Act.
[[Page 115 STAT. 749]]
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, $1,000,000, 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, $94,615,000, to remain available until expended.
counterterrorism fund
For necessary expenses, as determined by the Attorney General,
$4,989,000, to remain available until expended, to reimburse any
Department of Justice organization for: (1) the costs incurred in
reestablishing the operational capability of an office or facility which
has been damaged or destroyed as a result of any domestic or
international terrorist incident; and (2) the costs of providing support
to counter, investigate or prosecute domestic or international
terrorism, including payment of rewards in connection with these
activities: Provided, That any Federal agency may be reimbursed for the
costs of detaining in foreign countries individuals accused of acts of
terrorism that violate the laws of the United
States: <<NOTE: Notification.>> Provided further, That funds provided
under this paragraph shall be available only after the Attorney General
notifies the Committees on Appropriations of the House of
Representatives and the Senate in accordance with section 605 of this
Act.
administrative review and appeals
For expenses necessary for the administration of pardon and clemency
petitions and immigration-related activities, $173,647,000.
detention trustee
For necessary expenses of the Federal Detention Trustee who shall
exercise all power and functions authorized by law relating to the
detention of Federal prisoners in non-Federal institutions or otherwise
in the custody of the United States Marshals Service; and the detention
of aliens in the custody of the Immigration and Naturalization Service,
$1,000,000: Provided, That the Trustee shall be responsible for
overseeing construction of detention facilities or for housing related
to such detention; the management of funds appropriated to the
Department for the exercise of any detention functions; and the
direction of the United States Marshals Service and Immigration and
Naturalization Service with respect to the exercise of detention policy
setting and operations for the Department.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $50,735,000; including not to exceed $10,000 to meet unforeseen
emergencies of a confidential character, to be expended under the
direction of, and to be accounted for solely under the
[[Page 115 STAT. 750]]
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, $9,876,000.
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, $549,176,000; of which not to exceed $10,000,000 for
litigation support contracts shall remain available until expended:
Provided, That of the total amount appropriated, not to exceed $1,000
shall be available to the United States National Central Bureau,
INTERPOL, for official reception and representation expenses: Provided
further, That notwithstanding any other provision of law, upon a
determination by the Attorney General that emergent circumstances
require additional funding for litigation activities of the Civil
Division, the Attorney General may transfer such amounts to ``Salaries
and Expenses, General Legal Activities'' from available appropriations
for the current fiscal year for the Department of Justice, as may be
necessary to respond to such circumstances: Provided further, That any
transfer pursuant to the previous proviso shall be treated as a
reprogramming under section 605 of this Act and shall not be available
for obligation or expenditure except in compliance with the procedures
set forth in that section.
In addition, for reimbursement of expenses of the Department of
Justice associated with processing cases under the National Childhood
Vaccine Injury Act of 1986, as amended, not to exceed $4,028,000, to be
appropriated from the Vaccine Injury Compensation Trust Fund.
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, $15,765,000, to
remain available until expended.
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
[[Page 115 STAT. 751]]
filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976
(15 U.S.C. 18a), regardless of the year of collection, shall be retained
and used for necessary expenses in this appropriation, and shall remain
available until expended: Provided further, That the sum herein
appropriated from the general fund shall be reduced as such offsetting
collections are received during fiscal year 2002, so as to result in a
final fiscal year 2002 appropriation from the general fund estimated at
not more than $0.
salaries and expenses, united states attorneys
For necessary expenses of the Offices of the United States
Attorneys, including inter-governmental and cooperative agreements,
$1,353,968,000; of which not to exceed $2,500,000 shall be available
until September 30, 2003, for: (1) training personnel in debt
collection; (2) locating debtors and their property; (3) paying the net
costs of selling property; and (4) tracking debts owed to the United
States Government: Provided, That of the total amount appropriated, not
to exceed $8,000 shall be available for official reception and
representation expenses: Provided further, That not to exceed
$10,000,000 of those funds available for automated litigation support
contracts shall remain available until expended: Provided further, That
not to exceed $2,500,000 for the operation of the National Advocacy
Center shall remain available until expended: Provided further, That, in
addition to reimbursable full-time equivalent workyears available to the
Offices of the United States Attorneys, not to exceed 9,571 positions
and 9,776 full-time equivalent workyears shall be supported from the
funds appropriated in this Act for the United States Attorneys: 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 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.
united states trustee system fund
For necessary expenses of the United States Trustee Program, as
authorized by 28 U.S.C. 589a(a), $147,000,000, 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, $147,000,000 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.
[[Page 115 STAT. 752]]
salaries and expenses, foreign claims settlement commission
For expenses necessary to carry out the activities of the Foreign
Claims Settlement Commission, including services as authorized by 5
U.S.C. 3109, $1,136,000.
salaries and expenses, united states marshals service
For necessary expenses of the United States Marshals Service,
including the acquisition, lease, maintenance, and operation of
vehicles, and the purchase of passenger motor vehicles for police-type
use, without regard to the general purchase price limitation for the
current fiscal year, $619,429,000; of which not to exceed $6,000 shall
be available for official reception and representation expenses; and of
which not to exceed $4,000,000 for development, implementation,
maintenance and support, and training for an automated prisoner
information system shall remain available until expended: Provided,
That, in addition to reimbursable full-time equivalent workyears
available to the United States Marshals Service, not to exceed 4,128
positions and 3,993 full-time equivalent workyears shall be supported
from the funds appropriated in this Act for the United States Marshals
Service.
In addition, for the costs of courthouse security equipment,
including furnishings, relocations, and telephone systems and cabling,
$14,267,000, 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,
$15,000,000 to remain available until expended.
federal prisoner detention
For expenses, related to United States prisoners in the custody of
the United States Marshals Service, but not including expenses otherwise
provided for in appropriations available to the Attorney General,
$706,182,000, 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.
[[Page 115 STAT. 753]]
salaries and expenses, community relations service
For necessary expenses of the Community Relations Service,
$9,269,000 and, in addition, up to $1,000,000 of funds made available to
the Department of Justice in this Act may be transferred by the Attorney
General to this account: Provided, That notwithstanding any other
provision of law, upon a determination by the Attorney General that
emergent circumstances require additional funding for conflict
prevention and resolution activities of the Community Relations Service,
the Attorney General may transfer such amounts to the Community
Relations Service, from available appropriations for the current fiscal
year for the Department of Justice, as may be necessary to respond to
such circumstances: Provided further, That any transfer pursuant to the
previous proviso shall be treated as a reprogramming under section 605
of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section.
assets forfeiture fund
For expenses authorized by 28 U.S.C. 524(c)(1)(A)(ii), (B), (F), and
(G), as amended, $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.
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, $338,577,000, of which $50,000,000 shall remain
available until expended: Provided, That any amounts obligated from
appropriations under this heading may be used under authorities
available to the organizations reimbursed from this appropriation:
Provided further, That any unobligated balances remaining available at
the end of the fiscal year shall revert to the Attorney General for
reallocation among participating organizations in succeeding fiscal
years, subject to the reprogramming procedures set forth in section 605
of this Act.
Federal Bureau of Investigation
salaries and expenses
For necessary expenses of the Federal Bureau of Investigation for
detection, investigation, and prosecution of crimes against the United
States; including purchase for police-type use of not to exceed 1,354
passenger motor vehicles, of which 1,190 will be for replacement only,
without regard to the general purchase price
[[Page 115 STAT. 754]]
limitation for the current fiscal year, and hire of passenger motor
vehicles; acquisition, lease, maintenance, and operation of aircraft;
and not to exceed $70,000 to meet unforeseen emergencies of a
confidential character, to be expended under the direction of, and to be
accounted for solely under the certificate of, the Attorney General,
$3,491,073,000; of which not to exceed $50,000,000 for automated data
processing and telecommunications and technical investigative equipment
and not to exceed $1,000,000 for undercover operations shall remain
available until September 30, 2003; of which not less than $459,243,000
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: Provided further, That, in addition to
reimbursable full-time equivalent workyears available to the Federal
Bureau of Investigation, not to exceed 24,935 positions and 24,488 full-
time equivalent workyears shall be supported from the funds appropriated
in this Act for the Federal Bureau of Investigation.
construction
For necessary expenses to construct or acquire buildings and sites
by purchase, or as otherwise authorized by law (including equipment for
such buildings); conversion and extension of federally-owned buildings;
and preliminary planning and design of projects; $33,791,000, to remain
available until expended.
Drug Enforcement Administration
salaries and expenses
For necessary expenses of the Drug Enforcement Administration,
including not to exceed $70,000 to meet unforeseen emergencies of a
confidential character, to be expended under the direction of, and to be
accounted for solely under the certificate of, the Attorney General;
expenses for conducting drug education and training programs, including
travel and related expenses for participants in such programs and the
distribution of items of token value that promote the goals of such
programs; purchase of not to exceed 1,477 passenger motor vehicles, of
which 1,354 will be for replacement only, for police-type use without
regard to the general purchase price limitation for the current fiscal
year; and acquisition, lease, maintenance, and operation of aircraft,
$1,481,783,000; 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
[[Page 115 STAT. 755]]
for contracting for automated data processing and telecommunications
equipment, and not to exceed $2,000,000 for laboratory equipment,
$4,000,000 for technical equipment, and $2,000,000 for aircraft
replacement retrofit and parts, shall remain available until September
30, 2003; of which not to exceed $50,000 shall be available for official
reception and representation expenses: Provided, That, in addition to
reimbursable full-time equivalent workyears available to the Drug
Enforcement Administration, not to exceed 7,654 positions and 7,515
full-time equivalent workyears shall be supported from the funds
appropriated in this Act for the Drug Enforcement Administration.
Immigration and Naturalization Service
salaries and expenses
For expenses necessary for the administration and enforcement of the
laws relating to immigration, naturalization, and alien registration, as
follows:
enforcement and border affairs
For salaries and expenses for the Border Patrol program, the
detention and deportation program, the intelligence program, the
investigations program, and the inspections program, including not to
exceed $50,000 to meet unforeseen emergencies of a confidential
character, to be expended under the direction of, and to be accounted
for solely under the certificate of, the Attorney General; purchase for
police-type use (not to exceed 3,165 passenger motor vehicles, of which
2,211 are for replacement only), without regard to the general purchase
price limitation for the current fiscal year, and hire of passenger
motor vehicles; acquisition, lease, maintenance and operation of
aircraft; research related to immigration enforcement; for protecting
and maintaining the integrity of the borders of the United States
including, without limitation, equipping, maintaining, and making
improvements to the infrastructure; and for the care and housing of
Federal detainees held in the joint Immigration and Naturalization
Service and United States Marshals Service Buffalo Detention Facility,
$2,739,695,000; of which not to exceed $5,000,000 is for payments or
advances arising out of contractual or reimbursable agreements with
State and local law enforcement agencies while engaged in cooperative
activities related to immigration; of which not to exceed $5,000,000 is
to fund or reimburse other Federal agencies for the costs associated
with the care, maintenance, and repatriation of smuggled illegal aliens:
Provided, That none of the funds available to the Immigration and
Naturalization Service shall be available to pay any employee overtime
pay in an amount in excess of $30,000 during the calendar year beginning
January 1, 2002, except that the INS Commissioner may exceed this cap as
necessary for national security purposes and in cases of immigration
emergencies: Provided further, That uniforms may be purchased without
regard to the general purchase price limitation for the current fiscal
year: Provided further, That, in addition to reimbursable full-time
equivalent workyears available to the Immigration and Naturalization
Service, not to exceed 20,759 positions and 20,096 full-time equivalent
workyears shall be supported from the funds appropriated under this
heading in this Act for the Immigration and Naturalization
[[Page 115 STAT. 756]]
Service: Provided further, That none of the funds provided in this or
any other Act shall be used for the continued operation of the San
Clemente and Temecula checkpoints unless the checkpoints are open and
traffic is being checked on a continuous 24-hour basis.
citizenship and benefits, immigration support and program direction
For all programs of the Immigration and Naturalization Service not
included under the heading ``Enforcement and Border Affairs'',
$631,745,000, of which not to exceed $400,000 for research shall remain
available until expended: Provided, That not to exceed $5,000 shall be
available for official reception and representation expenses: Provided
further, That the Attorney General may transfer any funds appropriated
under this heading and the heading ``Enforcement and Border Affairs''
between said appropriations notwithstanding any percentage transfer
limitations imposed under this appropriations Act and may direct such
fees as are collected by the Immigration and Naturalization Service to
the activities funded under this heading and the heading ``Enforcement
and Border Affairs'' for performance of the functions for which the fees
legally may be expended: Provided further, That not to exceed 40
permanent positions and 40 full-time equivalent workyears and $4,300,000
shall be expended for the Offices of Legislative Affairs and Public
Affairs: Provided further, That unencumbered positions in the
aforementioned offices after the date of enactment of this Act shall be
filled only by personnel details, temporary transfers of personnel on
either a reimbursable or non-reimbursable basis, or any other formal or
informal transfer or reimbursement of personnel or funds on either a
temporary or long-term basis up to 10 full-time equivalent workyears:
Provided further, That the number of positions filled through non-career
appointment at the Immigration and Naturalization Service, for which
funding is provided in this Act or is otherwise made available to the
Immigration and Naturalization Service, shall not exceed six permanent
positions and six full-time equivalent workyears: Provided further, That
none of the funds available to the Immigration and Naturalization
Service shall be used to pay any employee overtime pay in an amount in
excess of $30,000 during the calendar year beginning January 1, 2002,
except that the INS Commissioner may exceed this cap as necessary for
national security purposes and in cases of immigration emergencies:
Provided further, That funds may be used, without limitation, for
equipping, maintaining, and making improvements to the infrastructure
and the purchase of vehicles for police-type use within the limits of
the Enforcement and Border Affairs appropriation: Provided further,
That, in addition to reimbursable full-time equivalent workyears
available to the Immigration and Naturalization Service, not to exceed
3,100 positions and 3,500 full-time equivalent workyears shall be
supported from the funds appropriated under this heading in this Act for
the Immigration and Naturalization Service.
construction
For planning, construction, renovation, equipping, and maintenance
of buildings and facilities necessary for the administration and
enforcement of the laws relating to immigration, naturalization,
[[Page 115 STAT. 757]]
and alien registration, not otherwise provided for, $128,454,000, to
remain available until expended: Provided, That no funds shall be
available for the site acquisition, design, or construction of any
Border Patrol checkpoint in the Tucson sector.
Federal Prison System
salaries and expenses
For expenses necessary for the administration, operation, and
maintenance of Federal penal and correctional institutions, including
purchase (not to exceed 685, of which 610 are for replacement only) and
hire of law enforcement and passenger motor vehicles, and for the
provision of technical assistance and advice on corrections related
issues to foreign governments, $3,808,600,000: Provided, <<NOTE: 42 USC
250a.>> That the Attorney General may transfer to the Health Resources
and Services Administration such amounts as may be necessary for direct
expenditures by that Administration for medical relief for inmates of
Federal penal and correctional institutions: Provided further, That the
Director of the Federal Prison System (FPS), where necessary, may enter
into contracts with a fiscal agent/fiscal intermediary claims processor
to determine the amounts payable to persons who, on behalf of FPS,
furnish health services to individuals committed to the custody of FPS:
Provided further, That not to exceed $6,000 shall be available for
official reception and representation expenses: Provided further, That
not to exceed $50,000,000 shall remain available for necessary
operations until September 30, 2003: Provided further, That, of the
amounts provided for Contract Confinement, not to exceed $20,000,000
shall remain available until expended to make payments in advance for
grants, contracts and reimbursable agreements, and other expenses
authorized by section 501(c) of the Refugee Education Assistance Act of
1980, as amended, for the care and security in the United States of
Cuban and Haitian entrants: Provided further, That the Director of the
Federal Prison System may accept donated property and services relating
to the operation of the prison card program from a not-for-profit entity
which has operated such program in the past notwithstanding the fact
that such not-for-profit entity furnishes services under contracts to
the Federal Prison System relating to the operation of pre-release
services, halfway houses or other custodial facilities.
buildings and facilities
For planning, acquisition of sites and construction of new
facilities; purchase and acquisition of facilities and remodeling, and
equipping of such facilities for penal and correctional use, including
all necessary expenses incident thereto, by contract or force account;
and constructing, remodeling, and equipping necessary buildings and
facilities at existing penal and correctional institutions, including
all necessary expenses incident thereto, by contract or force account,
$813,552,000, to remain available until expended, of which not to exceed
$14,000,000 shall be available to construct areas for inmate work
programs: Provided, That labor of United States prisoners may be used
for work performed under this appropriation: Provided further, That not
to exceed 10 percent of the funds appropriated to ``Buildings and
Facilities'' in this or any other Act may be transferred to ``Salaries
and Expenses'', Federal
[[Page 115 STAT. 758]]
Prison System, upon notification by the Attorney General to the
Committees on Appropriations of the House of Representatives and the
Senate in compliance with provisions set forth in section 605 of this
Act.
federal prison industries, incorporated
The Federal Prison Industries, Incorporated, is hereby authorized to
make such expenditures, within the limits of funds and borrowing
authority available, and in accord with the law, and to make such
contracts and commitments, without regard to fiscal year limitations as
provided by section 9104 of title 31, United States Code, as may be
necessary in carrying out the program set forth in the budget for the
current fiscal year for such corporation, including purchase (not to
exceed five for replacement only) and hire of passenger motor vehicles.
limitation on administrative expenses, federal prison industries,
incorporated
Not to exceed $3,429,000 of the funds of the corporation shall be
available for its administrative expenses, and for services as
authorized by 5 U.S.C. 3109, to be computed on an accrual basis to be
determined in accordance with the corporation's current prescribed
accounting system, and such amounts shall be exclusive of depreciation,
payment of claims, and expenditures which the said accounting system
requires to be capitalized or charged to cost of commodities acquired or
produced, including selling and shipping expenses, and expenses in
connection with acquisition, construction, operation, maintenance,
improvement, protection, or disposition of facilities and other property
belonging to the corporation or in which it has an interest.
Office of Justice Programs
justice assistance
For grants, contracts, cooperative agreements, and other assistance
authorized by title I of the Omnibus Crime Control and Safe Streets Act
of 1968, as amended (``the 1968 Act''), and the Missing Children's
Assistance Act, as amended, including salaries and expenses in
connection therewith, and with the Victims of Crime Act of 1984, as
amended, $185,514,000, 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, $251,494,000, to remain available until expended.
state and local law enforcement assistance
For assistance authorized by the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322), as amended (``the 1994
Act''); the Omnibus Crime Control and Safe Streets Act of 1968, as
amended (``the 1968 Act''); the Victims of Child Abuse Act of 1990, as
amended (``the 1990 Act''); and the Victims
[[Page 115 STAT. 759]]
of Trafficking and Violence Protection Act of 2000 (Public Law 106-386);
$2,403,354,000 (including amounts for administrative costs, which shall
be transferred to and merged with the ``Justice Assistance'' account),
to remain available until expended as follows:
(1) $400,000,000 for Local Law Enforcement Block Grants,
pursuant to H.R. 728 as passed by the House of Representatives
on February 14, 1995, except that for purposes of this Act and
retroactive to October 1, 2000, Guam shall be considered as one
``State'' for all purposes under H.R. 728, notwithstanding any
provision of section 108(3) thereof, 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) $70,000,000 shall be for Boys and Girls Clubs in
public housing facilities and other areas in cooperation
with State and local law enforcement: Provided, That
funds may also be used to defray the costs of
indemnification insurance for law enforcement officers;
(B) $19,956,000 shall be available for grants,
contracts, and other assistance to carry out section
102(c) of H.R. 728;
(2) $565,000,000 for the State Criminal Alien Assistance
Program, as authorized by section 242(j) of the Immigration and
Nationality Act, as amended;
(3) $20,000,000 for the Cooperative Agreement Program;
(4) $48,162,000 for assistance to Indian tribes, of which:
(A) $35,191,000 shall be available for grants under
section 20109(a)(2) of subtitle A of title II of the
1994 Act;
(B) $7,982,000 shall be available for the Tribal
Courts Initiative; and
(C) $4,989,000 shall be available for demonstration
grants on alcohol and crime in Indian Country;
(5) $594,489,000 for programs authorized by part E of title
I of the 1968 Act, notwithstanding the provisions of section 511
of said Act, of which $94,489,000 shall be for discretionary
grants under the Edward Byrne Memorial State and Local Law
Enforcement Assistance Programs;
(6) $11,975,000 for the Court Appointed Special Advocate
Program, as authorized by section 218 of the 1990 Act;
(7) $2,296,000 for Child Abuse Training Programs for
Judicial Personnel and Practitioners, as authorized by section
224 of the 1990 Act;
(8) $998,000 for grants for televised testimony, as
authorized by section 1001(a)(7) of the 1968 Act;
(9) $184,737,000 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:
[[Page 115 STAT. 760]]
(A) $1,000,000 shall be for the Bureau of Justice
Statistics for grants, contracts, and other assistance
for a domestic violence Federal case processing study;
(B) $5,200,000 shall be for the National Institute
of Justice for grants, contracts, and other assistance
for research and evaluation of violence against women;
(C) $10,000,000 shall be for the Office of Juvenile
Justice and Delinquency Prevention for the Safe Start
Program, to be administered as authorized by part C of
the Juvenile Justice and Delinquency Act of 1974, as
amended; and
(D) $200,000 for the Attorney General to conduct a
study and prepare a report to be submitted to the
Subcommittee on Commerce, Justice and State
Appropriations of the Senate and House of
Representatives Appropriations Committee on the response
of local law enforcement agencies to emergency calls
involving domestic violence;
(10) $64,925,000 for Grants to Encourage Arrest Policies to
States, units of local government, and Indian tribal
governments, as authorized by section 1001(a)(19) of the 1968
Act;
(11) $39,945,000 for Rural Domestic Violence and Child Abuse
Enforcement Assistance Grants, as authorized by section 40295 of
the 1994 Act;
(12) $4,989,000 for training programs to assist probation
and parole officers who work with released sex offenders, as
authorized by section 40152(c) of the 1994 Act, and for local
demonstration projects;
(13) $3,000,000 for grants to States and units of local
government to improve the process for entering data regarding
stalking and domestic violence into local, State, and national
crime information databases, as authorized by section 40602 of
the 1994 Act;
(14) $10,000,000 for grants to reduce Violent Crimes Against
Women on Campus, as authorized by section 1108(a) of Public Law
106-386;
(15) $40,000,000 for Legal Assistance for Victims, as
authorized by section 1201 of Public Law 106-386;
(16) $5,000,000 for enhancing protection for older and
disabled women from domestic violence and sexual assault as
authorized by section 40801 of the 1994 Act;
(17) $15,000,000 for the Safe Havens for Children Pilot
Program as authorized by section 1301 of Public Law 106-386;
(18) $200,000 for the study of standards and processes for
forensic exams of domestic violence, as authorized by section
1405 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) $10,000,000 for victim services programs for victims of
trafficking, as authorized by section 107(b)(2) of Public Law
106-386;
(21) $70,000,000 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
[[Page 115 STAT. 761]]
requirements, may use their residential substance abuse grant
funds for treatment, both during incarceration and after
release;
(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, of which $38,000,000 shall be available for
grants, contracts, and other assistance under the Project
ChildSafe Initiative, except that such funds shall be subject to
the same terms and conditions as set forth in the provisions
under this heading for this program in Public Law 105-119, but
all references in such provisions to 1998 shall be deemed to
refer instead to 2002, and Guam shall be considered a ``State''
for the purposes of title III of H.R. 3, as passed by the House
of Representatives on May 8, 1997; and
(27) $1,298,000 for Motor Vehicle Theft Prevention Programs,
as authorized by section 220002(h) of the 1994 Act:
Provided, That funds made available in fiscal year 2002 under subpart 1
of part E of title I of the 1968 Act may be obligated for programs to
assist States in the litigation processing of death penalty Federal
habeas corpus petitions and for drug testing initiatives: Provided
further, That, if a unit of local government uses any of the funds made
available under this title to increase the number of law enforcement
officers, the unit of local government will achieve a net gain in the
number of law enforcement officers who perform nonadministrative public
safety service.
weed and seed program fund
For necessary expenses, including salaries and related expenses of
the Executive Office for Weed and Seed, to implement ``Weed and Seed''
program activities, $58,925,000, to remain available until expended, for
inter-governmental agreements, including grants, cooperative agreements,
and contracts, with State and local law enforcement agencies, non-profit
organizations, and agencies of local government engaged in the
investigation and prosecution of violent crimes and drug offenses in
``Weed and Seed'' designated communities, and for either reimbursements
or transfers to appropriation accounts of the Department of Justice and
other Federal agencies which shall be specified by the Attorney General
to execute the ``Weed and Seed'' program strategy: Provided, That funds
designated by Congress through language for other Department of Justice
appropriation accounts for ``Weed and Seed'' program activities shall be
managed and executed by the Attorney General through the Executive
Office for Weed and Seed: Provided further, That the Attorney General
may direct the use of other Department of Justice funds and personnel in
support of ``Weed and Seed'' program activities only after the Attorney
General notifies the Committees on Appropriations of the House of
Representatives and the Senate in accordance with section 605 of this
Act.
[[Page 115 STAT. 762]]
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), $1,050,440,000, to remain available
until expended: Provided, That prior year balances available in this
program shall be used 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. 3796dd et seq.):
Provided further, That all prior year balances derived from the Violent
Crime Trust Fund for Community Oriented Policing Services may be
transferred into this appropriation: Provided further, That the officer
redeployment demonstration described in section 1701(b)(1)(C) shall not
apply to equipment, technology, support system or overtime grants made
pursuant to part Q of title I thereof (42 U.S.C. 3796dd et seq.).
Of the amounts provided:
(1) for Public Safety and Community Policing Grants pursuant
to title I of the 1994 Act, $496,014,000 as follows:
$330,000,000 for the hiring of law enforcement officers,
including up to $180,000,000 for school resource officers;
$20,662,000 for training and technical assistance; $25,444,000
for the matching grant program for Law Enforcement Armor Vests
pursuant to section 2501 of part Y of the Omnibus Crime Control
and Safe Streets Act of 1968, as amended (``the 1968 Act'');
$35,000,000 to improve tribal law enforcement including
equipment and training; $70,473,000 for policing initiatives to
combat methamphetamine production and trafficking and to enhance
policing initiatives in ``drug hot spots''; and $14,435,000 for
Police Corps education, training, and service under sections
200101-200113 of the 1994 Act;
(2) for crime technology, $351,632,000 as follows:
$154,345,000 for a law enforcement technology program;
$35,000,000 for grants to upgrade criminal records, as
authorized under the Crime Identification Technology Act of 1998
(42 U.S.C. 14601); $40,000,000 for DNA analysis and backlog
reduction of which $35,000,000 shall be used as authorized by
the DNA Analysis Backlog Elimination Act of 2000 (Public Law
106-546) and of which $5,000,000 shall be available for Paul
Coverdell Forensic Sciences Improvement Grants under part BB of
title I of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3797j et seq.); $35,000,000 for State and local
DNA laboratories as authorized by section 1001(a)(22) of the
1968 Act, and improvements to forensic laboratory general
forensic science capacity and capabilities; and $87,287,000 for
grants, contracts and other assistance to States under section
102(b) of the Crime Identification Technology Act of 1998 (42
U.S.C. 14601), of which $17,000,000 is for the National
Institute of Justice for grants, contracts, and other agreements
to develop school safety technologies and training;
(3) for prosecution assistance, $99,780,000 as follows:
$49,780,000 for a national program to reduce gun violence, and
$50,000,000 for the Southwest Border Prosecutor Initiative
[[Page 115 STAT. 763]]
to reimburse State, county, parish, tribal, or municipal
governments only for Federal costs associated with the
prosecution of criminal cases declined by local U.S. Attorneys
offices;
(4) for grants, training, technical assistance, and other
expenses to support community crime prevention efforts,
$70,202,000 as follows: $14,967,000 for Project Sentry;
$14,934,000 for an offender re-entry program; $23,338,000 for
the Safe Schools Initiative; and $16,963,000 for a police
integrity program; and
(5) not to exceed $32,812,000 for program management and
administration.
juvenile justice programs
For grants, contracts, cooperative agreements, and other assistance
authorized by the Juvenile Justice and Delinquency Prevention Act of
1974, as amended (``the Act''), including salaries and expenses in
connection therewith to be transferred to and merged with the
appropriations for Justice Assistance, $286,403,000, to remain available
until expended, as authorized by section 299 of part I of title II and
section 506 of title V of the Act, as amended by Public Law 102-586, of
which: (1) notwithstanding any other provision of law, $6,832,000 shall
be available for expenses authorized by part A of title II of the Act,
$88,804,000 shall be available for expenses authorized by part B of
title II of the Act, and $58,513,000 shall be available for expenses
authorized by part C of title II of the Act: Provided, That $26,442,000
of the amounts provided for part B of title II of the Act, as amended,
is for the purpose of providing additional formula grants under part B
to States that provide assurances to the Administrator that the State
has in effect (or will have in effect no later than 1 year after date of
application) policies and programs that ensure that juveniles are
subject to accountability-based sanctions for every act for which they
are adjudicated delinquent; (2) $11,974,000 shall be available for
expenses authorized by sections 281 and 282 of part D of title II of the
Act for prevention and treatment programs relating to juvenile gangs;
(3) $9,978,000 shall be available for expenses authorized by section 285
of part E of title II of the Act; (4) $15,965,000 shall be available for
expenses authorized by part G of title II of the Act for juvenile
mentoring programs; and (5) $94,337,000 shall be available for expenses
authorized by title V of the Act for incentive grants for local
delinquency prevention programs; of which $12,472,000 shall be for
delinquency prevention, control, and system improvement programs for
tribal youth; of which $14,513,000 shall be available for the Safe
Schools Initiative including $5,033,000 for grants, contracts, and other
assistance under the Project Sentry Initiative; and of which $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: 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-
[[Page 115 STAT. 764]]
Free Schools and Communities and Community-Based Gang Intervention),
part E (relating to State Challenge Activities), and part G (relating to
Mentoring) of title II of the Juvenile Justice and Delinquency
Prevention Act of 1974, and to carry out the At-Risk Children's Program
under title V of that Act, not more than 10 percent of each such amount
may be used for research, evaluation, and statistics activities designed
to benefit the programs or activities authorized under the appropriate
part or title, and not more than 2 percent of each such amount may be
used for training and technical assistance activities designed to
benefit the programs or activities authorized under that part or title.
In addition, for grants, contracts, cooperative agreements, and
other assistance, $10,976,000 to remain available until expended, for
developing, testing, and demonstrating programs designed to reduce drug
use among juveniles.
In addition, for grants, contracts, cooperative agreements, and
other assistance authorized by the Victims of Child Abuse Act of 1990,
as amended, $8,481,000, to remain available until expended, as
authorized by section 214B of the Act.
public safety officers benefits
To remain available until expended, for payments authorized by part
L of title I of the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3796), as amended, such sums as are necessary, as authorized
by section 6093 of Public Law 100-690 (102 Stat. 4339-4340); and
$4,500,000, to remain available until expended for payments as
authorized by section 1201(b) of said Act.
General Provisions--Department of Justice
Sec. 101. In addition to amounts otherwise made available in this
title for official reception and representation expenses, a total of not
to exceed $45,000 from funds appropriated to the Department of Justice
in this title shall be available to the Attorney General for official
reception and representation expenses in accordance with distributions,
procedures, and regulations established by the Attorney General.
Sec. 102. Authorities contained in the Department of Justice
Appropriation Authorization Act, Fiscal Year 1980 (Public Law 96-132; 93
Stat. 1040 (1979)), as amended, shall remain in effect until the
effective date of a subsequent Department of Justice Appropriation
Authorization Act.
Sec. 103. <<NOTE: Abortion.>> None of the funds appropriated by
this title shall be available to pay for an abortion, except where the
life of the mother would be endangered if the fetus were carried to
term, or in the case of rape: Provided, That should this prohibition be
declared unconstitutional by a court of competent jurisdiction, this
section shall be null and void.
Sec. 104. <<NOTE: Abortion.>> None of the funds appropriated under
this title shall be used to require any person to perform, or facilitate
in any way the performance of, any abortion.
Sec. 105. Nothing in the preceding section shall remove the
obligation of the Director of the Bureau of Prisons to provide escort
services necessary for a female inmate to receive such service outside
the Federal facility: Provided, That nothing in this section in any way
diminishes the effect of section 104 intended to address
[[Page 115 STAT. 765]]
the philosophical beliefs of individual employees of the Bureau of
Prisons.
Sec. 106. <<NOTE: 18 USC 3059 note.>> 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: Provided further, That rewards made
pursuant to section 501 of Public Law 107-56 shall not be subject to
this section.
Sec. 107. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Justice in
this Act may be transferred between such appropriations, but no such
appropriation, except as otherwise specifically provided, shall be
increased by more than 10 percent by any such transfers: Provided, That
any transfer pursuant to this section shall be treated as a
reprogramming of funds under section 605 of this Act and shall not be
available for obligation except in compliance with the procedures set
forth in that section.
Sec. 108. Notwithstanding any other provision of law, $1,000,000
shall be available for technical assistance from the funds appropriated
for part G of title II of the Juvenile Justice and Delinquency
Prevention Act of 1974, as amended.
Sec. 109. Section 286 of the Immigration and Nationality Act (8
U.S.C. 1356), as amended, is further amended as follows:
(1) by striking in subsection (d) ``$6'', and inserting
``$7'';
(2) by amending subsection (e)(1), by replacing ``No'' with
``Except as provided in paragraph (3), no''; and
(3) by adding a new paragraph (e)(3) as follows:
``(3) The Attorney General is authorized to charge and
collect $3 per individual for the immigration inspection or pre-
inspection of each commercial vessel passenger whose journey
originated in the United States or in any place set forth in
paragraph (1): Provided, That this authorization shall not apply
to immigration inspection at designated ports of entry of
passengers arriving by the following vessels, when operating on
a regular schedule: Great Lakes international ferries, or Great
Lakes Vessels on the Great Lakes and connecting waterways.''.
Sec. 110. Section 286(q)(1)(A) of the Immigration and Nationality
Act of 1953, as amended, <<NOTE: 8 USC 1356.>> is further amended by
striking ``6'' and inserting ``96''.
Sec. 111. (a) Section 1402(d)(3) of the Victims of Crime Act of
1984, <<NOTE: 42 USC 10601.>> is amended by striking the period at the
end and inserting ``, and for a Victim Notification System.''.
(b) Section 1402(c) of the Victims of Crime Act of 1984 is amended
to read as it did on October 25, 2001.
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''.
Sec. 113. No provision of section 614 of Public Law 107-56 shall
incorporate the organization that administers title I of the Violent
Crime Control and Law Enforcement Act of 1994 (Public Law 103-322)
(Community Oriented Policing Services), its programs
[[Page 115 STAT. 766]]
and functions, into the Office of Justice Programs, for fiscal year 2002
and thereafter.
Sec. 114. <<NOTE: Posthumous citizenship.>> (a) Notwithstanding any
provision of title III of the Immigration and Nationality Act (8 U.S.C.
1401 et seq.), the Attorney General shall provide, in accordance with
this section, for the granting of posthumous citizenship, as of
September 10, 2001, to a person described in subsection (b), if the
Attorney General approves an application for such citizenship filed
under subsection (e).
(b) A person referred to in subsection (a) is a person who--
(1) while an alien or a noncitizen national of the United
States, died as a result of an injury incurred in one or more of
the events described in subsection (c);
(2) was not culpable for any of such events; and
(3) on September 11, 2001, had pending an application for
naturalization filed with the Attorney General by the person.
(c)(1) The events described in this subsection are the following:
(A) The hijacking of American Airlines Flight 11 on
September 11, 2001, the crash of that aircraft into the World
Trade Center in New York, New York, and the subsequent
destruction that resulted.
(B) The hijacking of United Airlines Flight 175 on such
date, the crash of that aircraft into the World Trade Center in
New York, New York, and the subsequent destruction that
resulted.
(C) The hijacking of American Airlines Flight 77 on such
date, the crash of that aircraft into the Pentagon in Arlington,
Virginia, and the subsequent destruction that resulted.
(D) The hijacking of United Airlines Flight 93 on such date,
and the crash of that aircraft in Stony Creek Township,
Pennsylvania.
(2) Any person who died as a result of an injury incurred while
assisting in the emergency response to an event described in paragraph
(1) (such as military personnel, law enforcement officers, firefighters,
emergency management personnel, search and rescue personnel, medical
personnel, engineers and other personnel providing technical assistance,
and volunteers) shall be considered to have died as a result of an
injury incurred in such event.
(d)(1) Unless otherwise provided by this section, no person may be
granted posthumous citizenship under this section who would not
otherwise have been eligible for naturalization on the date of the
person's death. Unless otherwise provided by this section, any provision
of law that specifically bars or prohibits a person from being
naturalized as a citizen of the United States shall be applied to the
granting of posthumous citizenship under this section.
(2) Notwithstanding section 312 of the Immigration and Nationality
Act (8 U.S.C. 1423), or any similar provision of law requiring that a
person demonstrate an understanding of the English language or a
knowledge and understanding of the fundamentals of the history, and of
the principles and form of government, of the United States in order to
be naturalized, no such demonstration shall be required for the granting
of posthumous citizenship under this section.
(3) No oath of renunciation or allegiance shall be required for the
granting of posthumous citizenship under this section.
[[Page 115 STAT. 767]]
(4) To the maximum extent practicable, the investigation and
examination described in section 335 of the Immigration and Nationality
Act (8 U.S.C. 1446) shall be conducted with respect to an application
described in subsection (b)(3) in the same manner as they otherwise
would have been conducted if the subject of the application had not
died.
(e) <<NOTE: Deadline.>> A request for the granting of posthumous
citizenship to a person described in subsection (b) may be filed on
behalf of the person only by the next of kin (as defined by the Attorney
General) or another representative (as defined by the Attorney General),
and must be filed not later than 2 years after the later of--
(1) the date of the enactment of this section; or
(2) the date of the person's death.
(f) If the Attorney General approves such a request to grant a
person posthumous citizenship, the Attorney General shall send to the
individual who filed the request a suitable document which states that
the United States considers the person to have been a citizen of the
United States as of September 10, 2001.
(g) Nothing in this section shall be construed as providing for any
benefits under the Immigration and Nationality Act for any spouse, son,
daughter, or other relative of a person granted posthumous citizenship
under this section.
(h)(1) Notwithstanding section 341 of the Immigration and
Nationality Act (8 U.S.C. 1452), the Attorney General shall provide, in
accordance with this subsection, for the furnishing of a certificate of
citizenship to a person described in paragraph (4), if the Attorney
General approves under paragraph (3) an application for such certificate
described in paragraph (2).
(2) An application described in this paragraph is an application for
a certificate of citizenship that was--
(A) filed with the Attorney General under such section 341
by a person who subsequently died as a result of an injury
incurred in one or more of the events described in section
114(c) and who was not culpable for any of such events; and
(B) pending on September 11, 2001.
(3) The Attorney General shall consider an application described in
paragraph (2) pursuant to the standards under such section 341 and shall
approve the application if the applicant would have been eligible to
receive a certificate of citizenship on September 11, 2001, if the
applicant had not died, except that the requirements of such section
relating to the oath of allegiance and presence within the United States
shall not apply.
(4) A request for a certificate of citizenship under this subsection
may be filed only by the next of kin (as defined by the Attorney
General) or another representative (as defined by the Attorney General)
of the applicant described in paragraph (2), and must be filed not later
than 2 years after the later of--
(A) the date of the enactment of this section; or
(B) the date of the applicant's death.
(i)(1) Notwithstanding section 322 of the Immigration and
Nationality Act (8 U.S.C. 1433), the Attorney General shall provide, in
accordance with this subsection, for the furnishing of a certificate of
citizenship to a parent described in paragraph (2), if, upon the request
of the parent, the Attorney General approves under paragraph (3) an
application for naturalization described in paragraph (2).
[[Page 115 STAT. 768]]
(2) An application described in this paragraph is an application for
naturalization that was--
(A) filed with the Attorney General under such section 322
by a parent of a child who subsequently died as a result of an
injury incurred in one or more of the events described in
section 114(c) and who was not culpable for any of such events;
and
(B) pending on September 11, 2001.
(3) The Attorney General shall consider an application described in
paragraph (2) pursuant to the standards under such section 322 and shall
approve the application if the child would have been eligible to receive
a certificate of citizenship on September 11, 2001, if the child had not
died, except that the requirements of such section relating to the oath
of allegiance shall not apply.
Sec. 115. (a) Section 231(a) of the Immigration and Nationality Act,
8 U.S.C. 1221(a), is amended to read--
``(a) Arrival Manifest; Form and Contents.--With respect to the
arrival of any person by water or by air at any port within the United
States from any place outside the United States, it shall be the duty of
the master or commanding officer, or authorized agent, owner, or
consignee, of the vessel or aircraft transporting such person to deliver
to the Service at the port of arrival a list or manifest of the persons
transported on such vessel or aircraft. The Attorney General is
authorized to extend, by regulation, the requirements of this subsection
to any public or private carrier transporting persons by land to the
United States. <<NOTE: Regulations.>> Such list or manifest shall be
prepared and delivered at such time, be in such form, and shall contain
such information as the Attorney General shall prescribe by regulation
as being necessary for the identification of the persons transported and
for the enforcement of the immigration laws. The Attorney General may
require in such regulations that the list or manifest be delivered
electronically prior to boarding the vessel, aircraft, train or bus at
the place of departure, or at such other time reasonably in advance of
the arrival of the vessel, aircraft, train or bus in the United States
as the Attorney General may direct.''.
(b) Section 231(b) of the Immigration and Nationality Act is amended
to read--
``(b) Departure Manifest; Form and Contents.--It shall be the duty
of the master or commanding officer or authorized agent of every vessel
or aircraft taking passengers on board at any port of the United States,
who are destined to any place outside the United States, to file with
the immigration officers before departure from such port a list or
manifest of all such persons transported. The Attorney General is
authorized to extend, by regulation, the requirements of this subsection
to any public or private carrier transporting persons by land from the
United States. <<NOTE: Regulations.>> Such list or manifest shall be
prepared and delivered at such time, be in such form, and shall contain
such information as the Attorney General shall prescribe by regulation
as being necessary for the identification of the persons transported and
for the enforcement of the immigration laws. The Attorney General may
require in such regulations that the list or manifest be delivered
electronically prior to boarding the vessel, aircraft, train or bus at
the place of departure, or at such other time reasonably in advance of
the departure of the vessel, aircraft, train or bus from the United
[[Page 115 STAT. 769]]
States as the Attorney General may direct. No master or commanding
officer of any such vessel or aircraft, or operator of any private or
public carrier, shall be granted clearance papers until he or the
authorized agent has complied with the requirements of this subsection,
except that in the case of vessels, aircraft, trains or buses which the
Attorney General determines are making regular trips to the United
States, the Attorney General may, when expedient, arrange for the
delivery of lists of outgoing persons at a later date.''.
(c) Section 231(d) of the Immigration and Nationality Act <<NOTE: 8
USC 1221.>> is amended by--
(1) In the heading, striking ``Shipments or Aircraft'' and
inserting in lieu thereof, ``Shipments, Aircraft or Carriers'';
(2) In the first sentence, inserting ``, any public or
private carrier,'' after ``or aircraft,''; and
(3) In the second sentence, striking ``vessel or aircraft''
and inserting in lieu thereof, ``vessel, aircraft, train or
bus''.
This title may be cited as the ``Department of Justice
Appropriations Act, 2002''.
TITLE II <<NOTE: Department of Commerce and Related Agencies
Appropriations Act, 2002.>> --DEPARTMENT OF COMMERCE AND RELATED
AGENCIES
Trade and Infrastructure Development
RELATED AGENCIES
Office of the United States Trade Representative
salaries and expenses
For necessary expenses of the Office of the United States Trade
Representative, including the hire of passenger motor vehicles and the
employment of experts and consultants as authorized by 5 U.S.C. 3109,
$30,097,000, of which $1,000,000 shall remain available until expended:
Provided, That not to exceed $98,000 shall be available for official
reception and representation expenses.
International Trade Commission
salaries and expenses
For necessary expenses of the International Trade Commission,
including hire of passenger motor vehicles, and services as authorized
by 5 U.S.C. 3109, and not to exceed $2,500 for official reception and
representation expenses, $51,440,000, to remain available until
expended.
DEPARTMENT OF COMMERCE
International Trade Administration
operations and administration
For necessary expenses for international trade activities of the
Department of Commerce provided for by law, and for engaging in trade
promotional activities abroad, including expenses of grants and
cooperative agreements for the purpose of promoting exports of United
States firms, without regard to 44 U.S.C. 3702 and
[[Page 115 STAT. 770]]
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, $347,547,000, to remain available until expended, of which
$3,000,000 is to be derived from fees to be retained and used by the
International Trade Administration, notwithstanding 31 U.S.C. 3302:
Provided, That $67,669,000 shall be for Trade Development, $27,741,000
shall be for Market Access and Compliance, $43,346,000 shall be for the
Import Administration, $195,791,000 shall be for the United States and
Foreign Commercial Service, and $13,000,000 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
[[Page 115 STAT. 771]]
such activities may be retained for use in covering the cost of such
activities, and for providing information to the public with respect to
the export administration and national security activities of the
Department of Commerce and other export control programs of the United
States and other governments.
Economic Development Administration
economic development assistance programs
For grants for economic development assistance as provided by the
Public Works and Economic Development Act of 1965, as amended, and for
trade adjustment assistance, $335,000,000, to remain available until
expended.
salaries and expenses
For necessary expenses of administering the economic development
assistance programs as provided for by law, $30,557,000: Provided, That
these funds may be used to monitor projects approved pursuant to title I
of the Public Works Employment Act of 1976, as amended, title II of the
Trade Act of 1974, as amended, and the Community Emergency Drought
Relief Act of 1977.
Minority Business Development Agency
minority business development
For necessary expenses of the Department of Commerce in fostering,
promoting, and developing minority business enterprise, including
expenses of grants, contracts, and other agreements with public or
private organizations, $28,381,000.
Economic and Information Infrastructure
Economic and Statistical Analysis
salaries and expenses
For necessary expenses, as authorized by law, of economic and
statistical analysis programs of the Department of Commerce,
$62,515,000, to remain available until September 30, 2003.
Bureau of the Census
salaries and expenses
For expenses necessary for collecting, compiling, analyzing,
preparing, and publishing statistics, provided for by law, $169,424,000.
periodic censuses and programs
For necessary expenses related to the 2000 decennial census,
$85,238,000, to remain available until expended: Provided, That, of the
total amount available related to the 2000 decennial census ($85,238,000
in new appropriations and $54,000,000 in deobligated balances from prior
years), $8,606,000 is for Program Development and Management;
$68,330,000 is for Data Content and Products; $9,455,000 is for Field
Data Collection and Support Systems;
[[Page 115 STAT. 772]]
$24,462,000 is for Automated Data Processing and Telecommunications
Support; $22,844,000 is for Testing and Evaluation; $3,105,000 is for
activities related to Puerto Rico, the Virgin Islands and Pacific Areas;
and $2,436,000 is for Marketing, Communications and Partnership
activities.
In addition, for expenses related to planning, testing, and
implementing the 2010 decennial census, $65,000,000.
In addition, for expenses to collect and publish statistics for
other periodic censuses and programs provided for by law, $171,138,000,
to remain available until expended: Provided, That regarding engineering
and design of a facility at the Suitland Federal Center, quarterly
reports regarding the expenditure of funds and project planning, design
and cost decisions shall be provided by the Bureau, in cooperation with
the General Services Administration, to the Committees on Appropriations
of the Senate and the House of Representatives: Provided further, That
none of the funds provided in this Act or any other Act under the
heading ``Bureau of the Census, Periodic Censuses and Programs'' shall
be used to fund the construction and tenant build-out costs of a
facility at the Suitland Federal Center.
National Telecommunications and Information Administration
salaries and expenses
For necessary expenses, as provided for by law, of the National
Telecommunications and Information Administration (NTIA), $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, <<NOTE: 47 USC 903 note.>> That
hereafter, notwithstanding any other provision of law, NTIA shall not
authorize spectrum use or provide any spectrum functions pursuant to the
National Telecommunications and Information Administration Organization
Act, 47 U.S.C. 902-903, to any Federal entity without reimbursement as
required by NTIA for such spectrum management costs, and Federal
entities withholding payment of such cost shall not use spectrum:
Provided further, That the Secretary of Commerce is authorized to retain
and use as offsetting collections all funds transferred, or previously
transferred, from other Government agencies for all costs incurred in
telecommunications research, engineering, and related activities by the
Institute for Telecommunication Sciences of NTIA, in furtherance of its
assigned functions under this paragraph, and such funds received from
other Government agencies shall remain available until expended.
public telecommunications facilities, planning and construction
For grants authorized by section 392 of the Communications Act of
1934, as amended, $43,466,000, to remain available until expended as
authorized by section 391 of the Act, as amended: Provided, That not to
exceed $2,358,000 shall be available for program administration as
authorized by section 391 of the Act:
[[Page 115 STAT. 773]]
Provided further, That, notwithstanding the provisions of section 391 of
the Act, the prior year unobligated balances may be made available for
grants for projects for which applications have been submitted and
approved during any fiscal year.
information infrastructure grants
For grants authorized by section 392 of the Communications Act of
1934, as amended, $15,503,000, to remain available until expended as
authorized by section 391 of the Act, as amended: Provided, That not to
exceed $3,097,000 shall be available for program administration and
other support activities as authorized by section 391: Provided further,
That, of the funds appropriated herein, not to exceed 5 percent may be
available for telecommunications research activities for projects
related directly to the development of a national information
infrastructure: Provided further, That, notwithstanding the requirements
of sections 392(a) and 392(c) of the Act, these funds may be used for
the planning and construction of telecommunications networks for the
provision of educational, cultural, health care, public information,
public safety, or other social services: Provided further, That,
notwithstanding any other provision of law, no entity that receives
telecommunications services at preferential rates under section 254(h)
of the Act (47 U.S.C. 254(h)) or receives assistance under the regional
information sharing systems grant program of the Department of Justice
under part M of title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3796h) may use funds under a grant under this
heading to cover any costs of the entity that would otherwise be covered
by such preferential rates or such assistance, as the case may be.
United States Patent and Trademark Office
salaries and expenses
For necessary expenses of the United States Patent and Trademark
Office provided for by law, including defense of suits instituted
against the Under Secretary of Commerce for Intellectual Property and
Director of the United States Patent and Trademark Office, $843,701,000,
to remain available until expended, which amount shall be derived from
offsetting collections assessed and collected pursuant to 15 U.S.C. 1113
and 35 U.S.C. 41 and 376, and shall be retained and used for necessary
expenses in this appropriation: Provided, That the sum herein
appropriated from the general fund shall be reduced as such offsetting
collections are received during fiscal year 2002, so as to result in a
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 $843,701,000, 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 $1,000 shall be made available in fiscal year 2002 for
official reception and representation expenses.
[[Page 115 STAT. 774]]
Science and Technology
Technology Administration
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, $321,111,000, to remain available until expended, of which
not to exceed $282,000 may be transferred to the ``Working Capital
Fund''.
industrial technology services
For necessary expenses of the Manufacturing Extension Partnership of
the National Institute of Standards and Technology, $106,522,000, to
remain available until expended: 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,
$184,500,000, 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, $62,393,000, to remain
available until expended.
National Oceanic and Atmospheric Administration
operations, research, and facilities
(including transfer of funds)
For necessary expenses of activities authorized by law for the
National Oceanic and Atmospheric Administration, including maintenance,
operation, and hire of aircraft; grants, contracts, or other payments to
nonprofit organizations for the purposes of conducting activities
pursuant to cooperative agreements; and relocation of facilities as
authorized by 33 U.S.C. 883i, $2,253,697,000, 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,
[[Page 115 STAT. 775]]
$68,000,000 shall be derived by transfer from the fund entitled
``Promote and Develop Fishery Products and Research Pertaining to
American Fisheries'': Provided further, That grants to States pursuant
to sections 306 and 306A of the Coastal Zone Management Act of 1972, as
amended, shall not exceed $2,000,000: Provided further, That, of the
$2,341,697,000 provided for in direct obligations under this heading (of
which $2,253,697,000 is appropriated from the General Fund, $71,000,000
is provided by transfer, and $17,000,000 is derived from deobligations
from prior years), $413,911,000 shall be for the National Ocean Service,
$579,196,000 shall be for the National Marine Fisheries Service,
$356,062,000 shall be for Oceanic and Atmospheric Research, $672,355,000
shall be for the National Weather Service, $139,627,000 shall be for the
National Environmental Satellite, Data, and Information Service, and
$180,546,000 shall be for Program Support: Provided further, <<NOTE: 2
USC 900 note.>> That, hereafter, habitat conservation activities under
this heading shall be considered to be within the ``Coastal Assistance
sub-category'' in section 250(c)(4)(K) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended: Provided further,
That, of the amount provided under this heading, $223,273,000 shall be
for the conservation activities defined in section 250(c)(4)(K) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended:
Provided further, That no general administrative charge shall be applied
against an assigned activity included in this Act and, further, that any
direct administrative expenses applied against an assigned activity
shall be limited to 5 percent of the funds provided for that assigned
activity so that total National Oceanic and Atmospheric Administration
administrative expenses shall not exceed $265,025,000: Provided further,
That any use of deobligated balances of funds provided under this
heading in previous years shall be subject to the procedures set forth
in section 605 of this Act: Provided further, That of the amounts
provided, $3,000,000 shall be derived by transfer from the fund entitled
``Coastal Zone Management'': 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.
In addition, for necessary retired pay expenses under the Retired
Serviceman's Family Protection and Survivor Benefits Plan, and for
payments for medical care of retired personnel and their dependents
under the Dependents Medical Care Act (10 U.S.C. ch. 55), such sums as
may be necessary.
procurement, acquisition and construction
(including transfers of funds)
For procurement, acquisition and construction of capital assets,
including alteration and modification costs, of the National Oceanic and
Atmospheric Administration, $836,552,000, 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 amounts provided for
[[Page 115 STAT. 776]]
the National Polar-orbiting Operational Environmental Satellite System,
funds shall only be made available on a dollar for dollar matching basis
with funds provided for the same purpose by the Department of Defense:
Provided further, That of the amount provided under this heading for
expenses necessary to carry out conservation activities defined in
section 250(c)(4)(E) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, including funds for the Coastal and
Estuarine Land Conservation Program, $58,487,000 to remain available
until expended: Provided further, <<NOTE: 16 USC 1456d.>> That the
Secretary shall establish a Coastal and Estuarine Land Conservation
Program, for the purpose of protecting important coastal and estuarine
areas that have significant conservation, recreation, ecological,
historical, or aesthetic values, or that are threatened by conversion
from their natural or recreational state to other uses: Provided
further, <<NOTE: Deadline.>> That by September 30, 2002, the Secretary
shall issue guidelines for this program delineating the criteria for
grant awards: Provided further, That the Secretary shall distribute
these funds in consultation with the States' Coastal Zone Managers' or
Governors' designated representatives based on demonstrated need and
ability to successfully leverage funds, and shall give priority to lands
which can be effectively managed and protected and which have
significant ecological value: Provided further, That grants funded under
this program shall require a 100 percent match from other sources:
Provided further, That none of the funds provided in this Act or any
other Act under the heading ``National Oceanic and Atmospheric
Administration, Procurement, Acquisition and Construction'' shall be
used to fund the General Services Administration's standard construction
and tenant build-out costs of a facility at the Suitland Federal Center.
pacific coastal salmon recovery
For necessary expenses associated with the restoration of Pacific
salmon populations and the implementation of the 1999 Pacific Salmon
Treaty Agreement between the United States and Canada, $110,000,000:
Provided, That this amount shall be for the conservation activities
defined in section 250(c)(4)(E) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
In addition, for implementation of the 1999 Pacific Salmon Treaty
Agreement, $47,419,000, 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, of which $5,419,000 shall be for a
final direct payment to the State of Washington for obligations under
the 1999 Pacific Salmon Treaty Agreement, and of which $2,000,000 is for
the Pacific Salmon Commission: Provided, That this amount shall be for
the conservation activities defined in section 250(c)(4)(E) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
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.
[[Page 115 STAT. 777]]
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
$5,000 for official entertainment, $37,652,000.
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),
$20,176,000.
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).
[[Page 115 STAT. 778]]
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, <<NOTE: 31 USC 501 note.>> 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
[[Page 115 STAT. 779]]
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'',
$8,000,000 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, $3,350,000 is appropriated for the Institute for
Politics, $650,000 is appropriated to the Mount Washington Technology
Village, $6,500,000 is appropriated for a critical infrastructure
project at the George Mason University School of Law, $3,700,000 is
appropriated for the Conservation Institute of the Bronx Zoo, $2,000,000
is appropriated for the Adolescent Mental Health Residential Treatment
program at Bronx-Lebanon Hospital Center, $1,300,000 is appropriated for
the Puerto Rican Historical, Cultural and Activities Center, $5,000,000
is appropriated for the National Infrastructure Institute, and
$2,000,000 is appropriated for the University of South Carolina School
of Public Health.
Sec. 209. (a) The Secretary of Commerce shall present with the
fiscal year 2003 budget request a detailed description of all projects,
programs, and activities to be funded from the ``Working Capital Fund''
and the ``Advances and Reimbursements'' account.
(b) The ``Working Capital Fund'' and ``Advances and Reimbursements''
account shall be subject to section 605 of this Act begining in fiscal
year 2003.
Sec. 210. (a) Notwithstanding section 102 of the Marine Mammal
Protection Act of 1972, as amended, or section 9 of the Endangered
Species Act of 1973, the Anchorage Sister Cities Commission of
Anchorage, Alaska, may export, on a one-time basis, to the Town of
Whitby, in the care of the Scarborough Borough Council, Whitby, North
Yorkshire, United Kingdom, two bowhead whale jawbones taken as part of a
legal subsistence hunt by Native Alaskans and identified in U.S. Fish
and Wildlife Service, Convention on International Trade of Endangered
Species, permit 01US037393/9.
(b) The Anchorage Sister Cities Commission shall notify the National
Marine Fisheries Service Office of Enforcement 15 days prior to shipment
to ensure compliance with all applicable export requirements.
Sec. 211. Section 213(a) of title II of division C of Public Law
105-277 <<NOTE: 16 USC 1851 note.>> is amended by striking the second
sentence and inserting in lieu thereof: ``There are authorized to be
appropriated $6,700,000 per year to carry out the provisions of this Act
through fiscal year 2004.''.
This title may be cited as the ``Department of Commerce and Related
Agencies Appropriations Act, 2002''.
[[Page 115 STAT. 780]]
TITLE III <<NOTE: Judiciary Appropriations Act, 2002.>> --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), $37,530,000, which shall
remain available until expended.
United States Court of Appeals for the Federal Circuit
salaries and expenses
For salaries of the chief judge, judges, and other officers and
employees, and for necessary expenses of the court, as authorized by
law, $19,287,000.
United States Court of International Trade
salaries and expenses
For salaries of the chief judge and eight judges, salaries of the
officers and employees of the court, services as authorized by 5 U.S.C.
3109, and necessary expenses of the court, as authorized by law,
$13,064,000.
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, $3,591,116,000 (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.
[[Page 115 STAT. 781]]
In addition, for expenses of the United States Court of Federal
Claims associated with processing cases under the National Childhood
Vaccine Injury Act of 1986, not to exceed $2,692,000, to be appropriated
from the Vaccine Injury Compensation Trust Fund.
defender services
For the operation of Federal Public Defender and Community Defender
organizations; the compensation and reimbursement of expenses of
attorneys appointed to represent persons under the Criminal Justice Act
of 1964, as amended; the compensation and reimbursement of expenses of
persons furnishing investigative, expert and other services under the
Criminal Justice Act of 1964 (18 U.S.C. 3006A(e)); the compensation (in
accordance with Criminal Justice Act maximums) and reimbursement of
expenses of attorneys appointed to assist the court in criminal cases
where the defendant has waived representation by counsel; the
compensation and reimbursement of travel expenses of guardians ad litem
acting on behalf of financially eligible minor or incompetent offenders
in connection with transfers from the United States to foreign countries
with which the United States has a treaty for the execution of penal
sentences; the compensation of attorneys appointed to represent jurors
in civil actions for the protection of their employment, as authorized
by 28 U.S.C. 1875(d); and for necessary training and general
administrative expenses, $500,671,000, to remain available until
expended as authorized by 18 U.S.C. 3006A(i).
fees of jurors and commissioners
For fees and expenses of jurors as authorized by 28 U.S.C. 1871 and
1876; compensation of jury commissioners as authorized by 28 U.S.C.
1863; and compensation of commissioners appointed in condemnation cases
pursuant to rule 71A(h) of the Federal Rules of Civil Procedure (28
U.S.C. Appendix Rule 71A(h)), $48,131,000, to remain available until
expended: Provided, That the compensation of land commissioners shall
not exceed the daily equivalent of the highest rate payable under
section 5332 of title 5, United States Code.
court security
For necessary expenses, not otherwise provided for, incident to
providing protective guard services for United States courthouses and
the procurement, installation, and maintenance of security equipment for
United States courthouses and other facilities housing Federal court
operations, including building ingress-egress control, inspection of
mail and packages, directed security patrols, and other similar
activities as authorized by section 1010 of the Judicial Improvement and
Access to Justice Act (Public Law 100-702), $220,677,000, of which not
to exceed $10,000,000 shall remain available until expended for security
systems or contract costs for court security officers, to be expended
directly or transferred to the United States Marshals Service, which
shall be responsible for administering the Judicial Facility Security
Program consistent with standards or guidelines agreed to by the
Director of the Administrative Office of the United States Courts and
the Attorney General.
[[Page 115 STAT. 782]]
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, $61,664,000, of which not to exceed $8,500 is authorized for
official reception and representation expenses.
Federal Judicial Center
salaries and expenses
For necessary expenses of the Federal Judicial Center, as authorized
by Public Law 90-219, $19,735,000; of which $1,800,000 shall remain
available through September 30, 2003, to provide education and training
to Federal court personnel; and of which not to exceed $1,000 is
authorized for official reception and representation expenses.
Judicial Retirement Funds
payment to judiciary trust funds
For payment to the Judicial Officers' Retirement Fund, as authorized
by 28 U.S.C. 377(o), $26,700,000; to the Judicial Survivors' Annuities
Fund, as authorized by 28 U.S.C. 376(c), $8,400,000; and to the United
States Court of Federal Claims Judges' Retirement Fund, as authorized by
28 U.S.C. 178(l), $1,900,000.
United States Sentencing Commission
salaries and expenses
For the salaries and expenses necessary to carry out the provisions
of chapter 58 of title 28, United States Code, $11,575,000, of which not
to exceed $1,000 is authorized for official reception and representation
expenses.
General Provisions--the Judiciary
Sec. 301. Appropriations and authorizations made in this title which
are available for salaries and expenses shall be available for services
as authorized by 5 U.S.C. 3109.
Sec. 302. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Judiciary in this Act may
be transferred between such appropriations, but no such appropriation,
except ``Courts of Appeals, District Courts, and Other Judicial
Services, Defender Services'' and ``Courts of Appeals, District Courts,
and Other Judicial Services, Fees of Jurors and Commissioners'', shall
be increased by more than 10 percent by any such transfers: Provided,
That any transfer pursuant to this section shall be treated as a
reprogramming of funds under section
[[Page 115 STAT. 783]]
605 of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section.
Sec. 303. Notwithstanding any other provision of law, the salaries
and expenses appropriation for district courts, courts of appeals, and
other judicial services shall be available for official reception and
representation expenses of the Judicial Conference of the United States:
Provided, That such available funds shall not exceed $11,000 and shall
be administered by the Director of the Administrative Office of the
United States Courts in the capacity as Secretary of the Judicial
Conference.
Sec. 304. Of the unexpended balances transferred to the Commission
on Structural Alternatives in Federal Appellate Courts, $400,000 shall
be transferred to, and merged with, funds in the ``Federal Judicial
Center, Salaries and Expenses'' appropriations account to be available
only for distance learning.
Sec. 305. <<NOTE: 28 USC 461 note.>> Pursuant to section 140 of
Public Law 97-92, Justices and judges of the United States are
authorized during fiscal year 2002, to receive a salary adjustment in
accordance with 28 U.S.C. 461: Provided, That $8,625,000 is appropriated
for salary adjustments pursuant to this section and such funds shall be
transferred to and merged with appropriations in title III of this Act.
This title may be cited as the ``Judiciary Appropriations Act,
2002''.
TITLE IV-- <<NOTE: Department of State and Related Agency Appropriations
Act, 2002.>> DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic and consular programs
For necessary expenses of the Department of State and the Foreign
Service not otherwise provided for, including employment, without regard
to civil service and classification laws, of persons on a temporary
basis (not to exceed $700,000 of this appropriation), as authorized by
section 801 of the United States Information and Educational Exchange
Act of 1948, as amended; representation to certain international
organizations in which the United States participates pursuant to
treaties ratified pursuant to the advice and consent of the Senate or
specific Acts of Congress; arms control, nonproliferation and
disarmament activities as authorized; acquisition by exchange or
purchase of passenger motor vehicles as authorized by law; and for
expenses of general administration, $3,142,277,000: Provided, That, of
the amount made available under this heading, not to exceed $4,000,000
may be transferred to, and merged with, funds in the ``Emergencies in
the Diplomatic and Consular Service'' appropriations account, to be
available only for emergency evacuations and terrorism rewards: Provided
further, That, of the amount made available under this heading,
$270,259,000 shall be available only for public diplomacy international
information programs: Provided further, That of the amount made
available under this heading, $694,190,000 shall be available only for
information resource management: Provided further, <<NOTE: 8 USC 1351
note.>> That notwithstanding section 140(a)(5), and the second sentence
of section 140(a)(3), of the Foreign Relations Authorization Act, Fiscal
Years 1994 and 1995, fees may be collected during
[[Page 1 15 STAT. 784]]
fiscal years 2002 and 2003, under the authority of section 140(a)(1) of
that Act: Provided further, That all fees collected under the preceding
proviso shall be deposited in fiscal years 2002 and 2003 as an
offsetting collection to appropriations made under this heading to
recover costs as set forth under section 140(a)(2) of that Act and shall
remain available until expended: Provided further, That, of the amount
made available under this heading, $1,800,000 shall be available for a
grant to conduct an international conference on combating sex
trafficking: <<NOTE: China. Notification.>> Provided further, That no
funds may be obligated or expended for processing licenses for the
export of satellites of United States origin (including commercial
satellites and satellite components) to the People's Republic of China
unless, at least 15 days in advance, the Committees on Appropriations of
the House of Representatives and the Senate are notified of such
proposed action.
In addition, not to exceed $1,343,000 shall be derived from fees
collected from other executive agencies for lease or use of facilities
located at the International Center in accordance with section 4 of the
International Center Act, as amended; in addition, as authorized by
section 5 of such Act, $490,000, to be derived from the reserve
authorized by that section, to be used for the purposes set out in that
section; in addition, as authorized by section 810 of the United States
Information and Educational Exchange Act, not to exceed $6,000,000, to
remain available until expended, may be credited to this appropriation
from fees or other payments received from English teaching, library,
motion pictures, and publication programs and from fees from educational
advising and counseling and exchange visitor programs; and, in addition,
not to exceed $15,000, which shall be derived from reimbursements,
surcharges, and fees for use of Blair House facilities.
In addition, for the costs of worldwide security upgrades,
$487,735,000, to remain available until expended.
capital investment fund
For necessary expenses of the Capital Investment Fund, $203,000,000,
to remain available until expended, as authorized: Provided, That
section 135(e) of Public Law 103-236 shall not apply to funds available
under this heading.
office of inspector general
For necessary expenses of the Office of Inspector General,
$29,000,000, notwithstanding section 209(a)(1) of the Foreign Service
Act of 1980, as amended (Public Law 96-465), as it relates to post
inspections.
educational and cultural exchange programs
For expenses of educational and cultural exchange programs, as
authorized, $237,000,000, to remain available until expended: Provided,
That not to exceed $2,000,000, to remain available until expended, may
be credited to this appropriation from fees or other payments received
from or in connection with English teaching, educational advising and
counseling programs, and exchange visitor programs as authorized.
[[Page 115 STAT. 785]]
representation allowances
For representation allowances as authorized, $6,485,000.
protection of foreign missions and officials
For expenses, not otherwise provided, to enable the Secretary of
State to provide for extraordinary protective services, as authorized,
$9,400,000, to remain available until September 30, 2003.
embassy security, construction, and maintenance
For necessary expenses for carrying out the Foreign Service
Buildings Act of 1926, as amended (22 U.S.C. 292-300), preserving,
maintaining, repairing, and planning for buildings that are owned or
directly leased by the Department of State, renovating, in addition to
funds otherwise available, the Harry S Truman Building, and carrying out
the Diplomatic Security Construction Program as authorized,
$458,000,000, to remain available until expended as authorized, of which
not to exceed $25,000 may be used for domestic and overseas
representation as authorized: Provided, That none of the funds
appropriated in this paragraph shall be available for acquisition of
furniture, furnishings, or generators for other departments and
agencies.
In addition, for the costs of worldwide security upgrades,
acquisition, and construction as authorized, $815,960,000, to remain
available until expended.
emergencies in the diplomatic and consular service
For expenses necessary to enable the Secretary of State to meet
unforeseen emergencies arising in the Diplomatic and Consular Service,
$6,500,000, to remain available until expended as authorized, of which
not to exceed $1,000,000 may be transferred to and merged with the
Repatriation Loans Program Account, subject to the same terms and
conditions.
repatriation loans program account
For the cost of direct loans, $612,000, as authorized: Provided,
That such costs, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974. In
addition, for administrative expenses necessary to carry out the direct
loan program, $607,000, which may be transferred to and merged with the
Diplomatic and Consular Programs account under Administration of Foreign
Affairs.
payment to the american institute in taiwan
For necessary expenses to carry out the Taiwan Relations Act, Public
Law 96-8, $17,044,000.
payment to the foreign service retirement and disability fund
For payment to the Foreign Service Retirement and Disability Fund,
as authorized by law, $135,629,000.
[[Page 115 STAT. 786]]
International Organizations and Conferences
contributions to international organizations
For expenses, <<NOTE: 22 USC 269a note.>> not otherwise provided
for, necessary to meet annual obligations of membership in international
multilateral organizations, pursuant to treaties ratified pursuant to
the advice and consent of the Senate, conventions or specific Acts of
Congress, $850,000,000: Provided, That any payment of arrearages under
this title shall be directed toward special activities that are mutually
agreed upon by the United States and the respective international
organization: Provided further, That none of the funds appropriated in
this paragraph shall be available for a United States contribution to an
international organization for the United States share of interest costs
made known to the United States Government by such organization for
loans incurred on or after October 1, 1984, through external borrowings:
Provided further, That, of the funds appropriated in this paragraph,
$100,000,000 may be made available only pursuant to a certification by
the Secretary of State that the United Nations has taken no action in
calendar year 2001 prior to the date of enactment of this Act to
increase funding for any United Nations program without identifying an
offsetting decrease elsewhere in the United Nations budget and cause the
United Nations to exceed the budget for the biennium 2000-2001 of
$2,535,700,000: Provided further, That if the Secretary of State is
unable to make the aforementioned certification, the $100,000,000 is to
be applied to paying the current year assessment for other international
organizations for which the assessment has not been paid in full or to
paying the assessment due in the next fiscal year for such
organizations, subject to the reprogramming procedures contained in
section 605 of this Act: Provided further, That funds appropriated under
this paragraph may be obligated and expended to pay the full United
States assessment to the civil budget of the North Atlantic Treaty
Organization.
contributions for international peacekeeping activities
For necessary expenses to pay assessed and other expenses of
international peacekeeping activities directed to the maintenance or
restoration of international peace and security, $844,139,000, 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: Provided further, That funds
shall be available for peacekeeping expenses only upon a certification
by the Secretary of State to the appropriate committees of the Congress
that American manufacturers and suppliers are being given opportunities
to provide equipment, services,
[[Page 115 STAT. 787]]
and material for United Nations peacekeeping activities equal to those
being given to foreign manufacturers and suppliers: Provided further,
That none of the funds made available under this heading are available
to pay the United States share of the cost of court monitoring that is
part of any United Nations peacekeeping mission.
international commissions
For necessary expenses, <<NOTE: 2 USC 269a note.>> not otherwise
provided for, to meet obligations of the United States arising under
treaties, or specific Acts of Congress, as follows:
international boundary and water commission, united states and mexico
For necessary expenses for the United States Section of the
International Boundary and Water Commission, United States and Mexico,
and to comply with laws applicable to the United States Section,
including not to exceed $6,000 for representation; as follows:
salaries and expenses
For salaries and expenses, not otherwise provided for, $24,705,000.
construction
For detailed plan preparation and construction of authorized
projects, $5,450,000, 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,
$9,911,000, 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, $20,480,000: Provided,
That the United States' share of such expenses may be advanced to the
respective commissions pursuant to 31 U.S.C. 3324.
Other
payment to the asia foundation
For a grant to the Asia Foundation, as authorized by the Asia
Foundation Act (22 U.S.C. 4402), as amended, $9,250,000, to remain
available until expended, as authorized.
[[Page 115 STAT. 788]]
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,
$33,500,000, to remain available until expended.
RELATED AGENCY
Broadcasting Board of Governors
international broadcasting operations
For expenses necessary to enable the Broadcasting Board of
Governors, as authorized, to carry out international communication
activities, $428,234,000, 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
[[Page 115 STAT. 789]]
$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, $25,900,000, to remain available until expended, as
authorized.
General Provisions--Department of State and Related Agency
Sec. 401. Funds appropriated under this title shall be available,
except as otherwise provided, for allowances and differentials as
authorized by subchapter 59 of title 5, United States Code; for services
as authorized by 5 U.S.C. 3109; and for hire of passenger transportation
pursuant to 31 U.S.C. 1343(b).
Sec. 402. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of State in
this Act may be transferred between such appropriations, but no such
appropriation, except as otherwise specifically provided, shall be
increased by more than 10 percent by any such transfers: Provided, That
not to exceed 5 percent of any appropriation made available for the
current fiscal year for the Broadcasting Board of Governors in this Act
may be transferred between such appropriations, but no such
appropriation, except as otherwise specifically provided, shall be
increased by more than 10 percent by any such transfers: Provided
further, That any transfer pursuant to this section shall be treated as
a reprogramming of funds under section 605 of this Act and shall not be
available for obligation or expenditure except in compliance with the
procedures set forth in that section.
Sec. 403. None of the funds made available in this Act may be used
by the Department of State or the Broadcasting Board of Governors to
provide equipment, technical support, consulting services, or any other
form of assistance to the Palestinian Broadcasting Corporation.
Sec. 404. <<NOTE: 22 USC 287e note.>> 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. 405. Funds appropriated by this Act for the Broadcasting Board
of Governors and the Department of State may be obligated
[[Page 115 STAT. 790]]
and expended notwithstanding section 313 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995, and section 15 of the
State Department Basic Authorities Act of 1956, as amended.
Sec. 406. The Mutual Educational and Cultural Exchange Act of 1961
(22 U.S.C. 2451 et seq.) is amended by adding at the end the following
new section:
``SEC. 114. <<NOTE: 22 USC 2463.>> ALLOCATION OF FUNDS TRANSFERRED TO
THE BUREAU OF EDUCATIONAL AND CULTURAL AFFAIRS.
``Of each amount transferred to the Bureau of Educational and
Cultural Affairs out of appropriations other than appropriations under
the heading `Educational and Cultural Exchange Programs' for support of
an educational or cultural exchange program, notwithstanding any other
provision of law, not more than 7.5 percent shall be made available to
cover administrative expenses incurred in connection with support of the
program. Amounts made available to cover administrative expenses shall
be credited to the appropriations under the heading `Educational and
Cultural Exchange Programs' and shall remain available until
expended.''.
Sec. 407. (a) Section 1334 of the Foreign Affairs Reform and
Restructuring Act of 1998 (as enacted in division G of the Omnibus
Consolidated and Emergency Supplemental Appropriations Act, 1999; Public
Law 105-277 and amended by section 404(a) of the Admiral James W. Nance
and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000
and 2001) <<NOTE: 22 USC 6553.>> is amended by striking ``October 1,
2001'' and inserting ``October 1, 2005''.
(b) <<NOTE: 22 USC 6553 note.>> The amendment made by subsection
(a) shall take effect as if included in the enactment of the Admiral
James W. Nance and Meg Donovan Foreign Relations Authorization Act,
Fiscal Years 2000 and 2001.
(c) The provisions of law repealed by section 404(c) of the Admiral
James W. Nance and Meg Donovan Foreign Relations Authorization Act,
Fiscal Years 2000 and 2001 (section 404(c) of division A of H.R. 3427,
as enacted into law by section 1000(a)(7) of Public Law 106-113;
appendix G; 113 Stat. 1501A-446) <<NOTE: 22 USC 1461 note, 1469; 5 USC
app.>> are hereby reenacted into law.
(d) <<NOTE: 22 USC 1469 note.>> Notwithstanding any other provision
of law, any period of discontinuity of the United States Advisory
Commission on Public Diplomacy shall not affect the appointment or terms
of service of members of the commission.
Sec. 408. (a) Section 303 of the Departments of Commerce, Justice,
and State, the Judiciary, and Related Agencies Appropriations Act, 1988
(as enacted into law by section 101(a) of Public Law 100-202) <<NOTE: 22
USC 276e note.>> is amended in the first sentence by striking
``$440,000'' and inserting ``$620,000''.
(b)(1) Section 2(2) of the joint resolution entitled ``Joint
resolution to authorize participation by the United States in
parliamentary conferences of the North Atlantic Treaty Organization'',
approved July 11, 1956 (22 U.S.C. 1928b) is amended--
(A) by striking ``$100,000'' and inserting ``$200,000''; and
(B) by striking ``$50,000'' each of the two places it
appears and inserting ``$100,000''.
(2) Section 2 of the joint resolution entitled ``Joint resolution to
authorize participation by the United States in parliamentary
conferences with Mexico'', approved April 9, 1960 (22 U.S.C. 276i) is
amended--
(A) by striking ``$80,000'' and inserting ``$120,000''; and
[[Page 115 STAT. 791]]
(B) by striking ``$40,000'' each of the two places it
appears and inserting ``$60,000''.
(3) Section 2 of the joint resolution entitled ``Joint resolution to
authorize participation by the United States in parliamentary
conferences with Canada'', approved June 11, 1959 (22 U.S.C. 276e) is
amended--
(A) by striking ``$70,000'' and inserting ``$150,000''; and
(B) by striking ``$35,000'' each of the two places it
appears and inserting ``$75,000''.
(4) Section 109(b) of the Department of State Authorization Act,
Fiscal Years 1984 and 1985 (22 U.S.C. 276 note) <<NOTE: 22 USC 276l
note.>> is amended by striking ``$50,000'' and inserting ``$100,000''.
(c) Notwithstanding any other provision of law, whenever either the
House of Representatives or the Senate does not appoint its allotment of
members as part of the American delegation or group to a conference or
assembly of the British-American Interparliamentary Group, the
Conference on Security and Cooperation in Europe (CSCE), the Mexico-
United States Interparliamentary Group, the North Atlantic Assembly, or
any similar interparliamentary group of which the United States is a
member or participates and so notifies the other body of Congress, the
other body may make appointments to complete the membership of the
American delegation. Any appointment pursuant to this section shall be
for the period of such conference or assembly and the body of Congress
making such an appointment shall be responsible for the expenses of any
member so appointed. Any such appointment shall be made in the same
manner in which other appointments to the delegation by such body of
Congress are made.
This title may be cited as the ``Department of State and Related
Agency Appropriations Act, 2002''.
TITLE V--RELATED AGENCIES
DEPARTMENT OF TRANSPORTATION
Maritime Administration
maritime security program
For necessary expenses to maintain and preserve a U.S.-flag merchant
fleet to serve the national security needs of the United States,
$98,700,000, to remain available until expended.
operations and training
For necessary expenses of operations and training activities
authorized by law, $89,054,000, of which $13,000,000 shall remain
available until expended for capital improvements at the United States
Merchant Marine Academy.
maritime guaranteed loan (title xi) program account
For the cost of guaranteed loans, as authorized by the Merchant
Marine Act, 1936, $33,000,000, 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
[[Page 115 STAT. 792]]
be transferred to and merged with the appropriation for Operations and
Training.
administrative provisions--maritime administration
Notwithstanding any other provision of this Act, the Maritime
Administration is authorized to furnish utilities and services and make
necessary repairs in connection with any lease, contract, or occupancy
involving Government property under control of the Maritime
Administration, and payments received therefore shall be credited to the
appropriation charged with the cost thereof: Provided, That rental
payments under any such lease, contract, or occupancy for items other
than such utilities, services, or repairs shall be covered into the
Treasury as miscellaneous receipts.
No obligations shall be incurred during the current fiscal year from
the construction fund established by the Merchant Marine Act, 1936, or
otherwise, in excess of the appropriations and limitations contained in
this Act or in any prior Appropriations Act.
Commission for the Preservation of America's Heritage Abroad
salaries and expenses
For expenses for the Commission for the Preservation of America's
Heritage Abroad, $489,000, as authorized by section 1303 of Public Law
99-83.
Commission on Civil Rights
salaries and expenses
For necessary expenses of the Commission on Civil Rights, including
hire of passenger motor vehicles, $9,096,000: Provided, That not to
exceed $50,000 may be used to employ consultants: Provided further, That
none of the funds appropriated in this paragraph shall be used to employ
in excess of four full-time individuals under Schedule C of the Excepted
Service exclusive of one special assistant for each Commissioner:
Provided further, That none of the funds appropriated in this paragraph
shall be used to reimburse Commissioners for more than 75 billable days,
with the exception of the chairperson, who is permitted 125 billable
days.
Commission on International Religious Freedom
salaries and expenses
For necessary expenses for the United States Commission on
International Religious Freedom, as authorized by title II of the
International Religious Freedom Act of 1998 (Public Law 105-292),
$3,000,000, to remain available until expended.
Commission on Ocean Policy
salaries and expenses
For the necessary expenses of the Commission on Ocean Policy,
pursuant to Public Law 106-256, $3,000,000, to remain available until
expended: Provided, <<NOTE: 33 USC 857-19 note.>> That the Commission
shall present to
[[Page 115 STAT. 793]]
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, $1,499,000, to remain
available until expended as authorized by section 3 of Public Law 99-7.
Congressional-Executive Commission on the People's Republic of China
salaries and expenses
For necessary expenses of the Congressional-Executive Commission on
the People's Republic of China, as authorized, $1,000,000, to remain
available until expended.
Equal Employment Opportunity Commission
salaries and expenses
For necessary expenses of the Equal Employment Opportunity
Commission as authorized by title VII of the Civil Rights Act of 1964,
as amended (29 U.S.C. 206(d) and 621-634), the Americans with
Disabilities Act of 1990, and the Civil Rights Act of 1991, including
services as authorized by 5 U.S.C. 3109; hire of passenger motor
vehicles as authorized by 31 U.S.C. 1343(b); non-monetary awards to
private citizens; and not to exceed $30,000,000 for payments to State
and local enforcement agencies for services to the Commission pursuant
to title VII of the Civil Rights Act of 1964, as amended, sections 6 and
14 of the Age Discrimination in Employment Act, the Americans with
Disabilities Act of 1990, and the Civil Rights Act of 1991,
$310,406,000: Provided, That the Commission is authorized to make
available for official reception and representation expenses not to
exceed $2,500 from available funds.
Federal Communications Commission
salaries and expenses
For necessary expenses of the Federal Communications Commission, as
authorized by law, including uniforms and allowances therefor, as
authorized by 5 U.S.C. 5901-5902; not to exceed $600,000 for land and
structure; not to exceed $500,000 for improvement and care of grounds
and repair to buildings; not to exceed $4,000 for official reception and
representation expenses; purchase (not to exceed 16) and hire of motor
vehicles; special counsel fees; and services as authorized by 5 U.S.C.
3109, $245,071,000, 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
[[Page 115 STAT. 794]]
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 $26,314,000: 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, $16,458,000: Provided, That not to exceed $2,000 shall be
available for official reception and representation expenses.
Federal Trade Commission
salaries and expenses
For necessary expenses of the Federal Trade Commission, including
uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902;
services as authorized by 5 U.S.C. 3109; hire of passenger motor
vehicles; not to exceed $2,000 for official reception and representation
expenses, $155,982,000: Provided, That not to exceed $300,000 shall be
available for use to contract with a person or persons for collection
services in accordance with the terms of 31 U.S.C. 3718, as amended:
Provided further, That, notwithstanding any other provision of law, not
to exceed $155,982,000 of offsetting collections derived from fees
collected for premerger notification filings under the Hart-Scott-Rodino
Antitrust Improvements Act of 1976 (15 U.S.C. 18a), regardless of the
year of collection, shall be retained and used for necessary expenses in
this appropriation, and shall remain available until expended: Provided
further, That the sum herein appropriated from the general fund shall be
reduced as such offsetting collections are received during fiscal year
2002, so as to result in a final fiscal year 2002 appropriation from the
general fund estimated at not more than $0, to remain available until
expended: Provided further, That none of the funds made available to the
Federal Trade Commission shall be available for obligation for expenses
authorized by section 151 of the Federal Deposit Insurance Corporation
Improvement Act of 1991 (Public Law 102-242; 105 Stat. 2282-2285).
Legal Services Corporation
payment to the legal services corporation
For payment to the Legal Services Corporation to carry out the
purposes of the Legal Services Corporation Act of 1974, as amended,
$329,300,000, of which $310,000,000 is for basic field programs and
required independent audits; $2,500,000 is for the Office of Inspector
General, of which such amounts as may be necessary may be used to
conduct additional audits of recipients;
[[Page 115 STAT. 795]]
$12,400,000 is for management and administration; and $4,400,000 is for
client self-help and information technology.
administrative provisions--legal services corporation
None of the funds appropriated in this Act to the Legal Services
Corporation shall be expended for any purpose prohibited or limited by,
or contrary to any of the provisions of, sections 501, 502, 503, 504,
505, and 506 of Public Law 105-119, and all funds appropriated in this
Act to the Legal Services Corporation shall be subject to the same terms
and conditions set forth in such sections, except that all references in
sections 502 and 503 to 1997 and 1998 shall be deemed to refer instead
to 2001 and 2002, respectively.
Section 504(a)(16) of Public Law 104-134 <<NOTE: 110 Stat. 1321-
55.>> is hereafter amended by striking ``if such relief does not
involve'' and all that follows through ``representation''.
Marine Mammal Commission
salaries and expenses
For necessary expenses of the Marine Mammal Commission as authorized
by title II of Public Law 92-522, as amended, $1,957,000.
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.
Pacific Charter Commission
salaries and expenses
For necessary expenses for the Pacific Charter Commission, as
authorized by the Pacific Charter Commission Act of 2000 (Public Law
106-570), $1,500,000, to remain available until expended.
Securities and Exchange Commission
salaries and expenses
For necessary expenses for the Securities and Exchange Commission,
including services as authorized by 5 U.S.C. 3109, the rental of space
(to include multiple year leases) in the District of Columbia and
elsewhere, and not to exceed $3,000 for official reception and
representation expenses, $109,500,000 from fees collected in fiscal year
2002 to remain available until expended, and from fees collected in
previous fiscal years, $328,400,000, to remain available until expended;
of which not to exceed $10,000 may be used toward funding a permanent
secretariat for the International Organization of Securities
Commissions; and of which not to exceed $100,000 shall be available for
expenses for consultations and meetings hosted by the Commission with
foreign governmental and other regulatory officials, members of their
delegations, appropriate representatives and staff to exchange views
concerning developments relating to securities matters, development and
[[Page 115 STAT. 796]]
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 in the event that H.R. 1088, the
Investor and Capital Markets Fee Relief Act, or other legislation to
amend section 6(b) of the Securities Act of 1933 (15 U.S.C. 77f(b)), and
sections 13(e), 14(g), and 31 of the Securities Exchange Act of 1934 (15
U.S.C. 78m(e), 78n(g) and 78ee), is enacted into law prior to the date
on which a regular appropriation to the Commission for fiscal year 2003
is enacted, the fees, charges, and assessments authorized by such
sections, as amended, shall be deposited and 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, $308,476,000: 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.), $11,464,000.
[[Page 115 STAT. 797]]
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, $78,000,000, as
authorized by 15 U.S.C. 631 note, of which $45,000,000 shall remain
available until September 30, 2003: Provided, That such costs, including
the cost of modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974, as amended: Provided further, That
during fiscal year 2002 commitments to guarantee loans under section 503
of the Small Business Investment Act of 1958, as amended, shall not
exceed $4,500,000,000, as provided under section 20(h)(1)(B)(ii) of the
Small Business Act: Provided further, That during fiscal year 2002
commitments for general business loans authorized under section 7(a) of
the Small Business Act, as amended, shall not exceed $10,000,000,000
without prior notification of the Committees on Appropriations of the
House of Representatives and Senate in accordance with section 605 of
this Act: Provided further, That during fiscal year 2002 commitments to
guarantee loans for debentures and participating securities under
section 303(b) of the Small Business Investment Act of 1958, as amended,
shall not exceed the levels established by section 20(h)(1)(C) of the
Small Business Act.
In addition, for administrative expenses to carry out the direct and
guaranteed loan programs, $129,000,000, which may be transferred to and
merged with the appropriations for Salaries and Expenses.
disaster loans program account
For the cost of direct loans authorized by section 7(b) of the Small
Business Act, as amended, $87,360,000, 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, $122,354,000, 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 $112,000,000 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
[[Page 115 STAT. 798]]
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), $3,000,000: 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,
$2,000,000, to remain available until expended.
TITLE VI--GENERAL PROVISIONS
Sec. 601. No part of any appropriation contained in this Act shall
be used for publicity or propaganda purposes not authorized by the
Congress.
Sec. 602. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 603. <<NOTE: Contracts. Public information.>> The expenditure
of any appropriation under this Act for any consulting service through
procurement contract, pursuant to 5 U.S.C. 3109, shall be limited to
those contracts where such expenditures are a matter of public record
and available for public inspection, except where otherwise provided
under existing law, or under existing Executive order issued pursuant to
existing law.
Sec. 604. If any provision of this Act or the application of such
provision to any person or circumstances shall be held invalid, the
remainder of the Act and the application of each provision to persons or
circumstances other than those as to which it is held invalid shall not
be affected thereby.
Sec. 605. (a) None of the funds provided under this Act, or provided
under previous appropriations Acts to the agencies funded by this Act
that remain available for obligation or expenditure in fiscal year 2002,
or provided from any accounts in the Treasury of the United States
derived by the collection of fees available to the agencies funded by
this Act, shall be available for obligation or expenditure through a
reprogramming of funds which: (1) creates new programs; (2) eliminates a
program, project, or activity; (3) increases funds or personnel by any
means for any project or activity for which funds have been denied or
restricted; (4) relocates an office or employees; (5) reorganizes
offices, programs, or activities; or (6) contracts out or privatizes any
functions or activities presently performed by Federal
employees; <<NOTE: Notification.>> unless the Appropriations Committees
of both Houses of Congress are notified 15 days in advance of such
reprogramming of funds.
[[Page 115 STAT. 799]]
(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 <<NOTE: Notification.>> Congress are notified 15 days in advance of
such reprogramming of funds.
Sec. 606. None of the funds made available in this Act may be used
for the construction, repair (other than emergency repair), overhaul,
conversion, or modernization of vessels for the National Oceanic and
Atmospheric Administration in shipyards located outside of the United
States.
Sec. 607. (a) Purchase of American-Made Equipment and Products.--It
is the sense of the Congress that, to the greatest extent practicable,
all equipment and products purchased with funds made available in this
Act should be American-made.
(b) Notice Requirement.--In providing financial assistance to, or
entering into any contract with, any entity using funds made available
in this Act, the head of each Federal agency, to the greatest extent
practicable, shall provide to such entity a notice describing the
statement made in subsection (a) by the Congress.
(c) Prohibition of Contracts With Persons Falsely Labeling Products
as Made in America.--If it has been finally determined by a court or
Federal agency that any person intentionally affixed a label bearing a
``Made in America'' inscription, or any inscription with the same
meaning, to any product sold in or shipped to the United States that is
not made in the United States, the person shall be ineligible to receive
any contract or subcontract made with funds made available in this Act,
pursuant to the debarment, suspension, and ineligibility procedures
described in sections 9.400 through 9.409 of title 48, Code of Federal
Regulations.
Sec. 608. None of the funds made available in this Act may be used
to implement, administer, or enforce any guidelines of the Equal
Employment Opportunity Commission covering harassment based on religion,
when it is made known to the Federal entity or official to which such
funds are made available that such guidelines do not differ in any
respect from the proposed guidelines published by the Commission on
October 1, 1993 (58 Fed. Reg. 51266).
Sec. 609. None of the funds made available by this Act may be used
for any United Nations undertaking when it is made known to the Federal
official having authority to obligate or expend such funds: (1) that the
United Nations undertaking is a peacekeeping mission; (2) that such
undertaking will involve United States Armed Forces under the command or
operational control of a foreign national; and (3) that the President's
military advisors have not submitted to the President a recommendation
that such
[[Page 115 STAT. 800]]
involvement is in the national security interests of the United States
and the President has not submitted to the Congress such a
recommendation.
Sec. 610. (a) None of the funds appropriated or otherwise made
available by this Act shall be expended for any purpose for which
appropriations are prohibited by section 609 of the Departments of
Commerce, Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 1999.
(b) The requirements in subparagraphs (A) and (B) of section 609 of
that Act shall continue to apply during fiscal year 2002.
Sec. 611. <<NOTE: 18 USC 4042 note.>> 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. 612. <<NOTE: President. 28 USC 504 note.>> (a) The President
shall submit as part of the fiscal year 2003 budget to Congress a
proposal to restructure the Department of Justice to include a
coordinator of Department of Justice activities relating to combating
domestic terrorism, including State and local grant programs subject to
the authority of the Attorney General, and who will serve as the
Department of Justice representative at interagency meetings on
combating terrorism below the Cabinet level.
(b) If the President does not submit a proposal as described in
subsection (a), or if Congress fails to enact legislation establishing a
new position described in subsection (a), by June 30, 2002, then
effective on such date subsections (c) through (f) shall take effect.
(c)(1) 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''.
(2) the Section heading for section 504 of title 28, United States
Code, is amended by striking ``Attorney'' and inserting ``Attorneys''.
(d) The Deputy Attorney General for Combating Domestic Terrorism
(appointed under section 504 of title 28, United States Code, as amended
by subsection (c)) shall--
(1) serve as the principal adviser to the Attorney General
for combating terrorism, counterterrorism, and antiterrorism
policy;
(2) have responsibility for coordinating all functions
within the Department of Justice relating to combating domestic
terrorism including--
(A) policies, plans, and oversight, as they relate
to combating terrorism, counterterrorism, and
antiterrorism activities;
[[Page 115 STAT. 801]]
(B) State and local preparedness for terrorist
events;
(C) security classifications and clearances within
the Department of Justice;
(D) contingency operations within the Department of
Justice; and
(E) critical infrastructure.
(3) coordinate--
(A) all inter-agency interface between the
Department of Justice and other departments, agencies,
and entities of the United States, including State and
local organizations, engaged in combating terrorism,
counterterrorism, and antiterrorism activities; and
(B) the implementation of the national strategy for
combating terrorism by State and local entities with
responsibilities for combating domestic terrorism; and
(4) recommend changes in the organization and management of
the Department of Justice and State and local entities engaged
in combating domestic terrorism to the Attorney General.
(e) There is appropriated, out of any money in the Treasury of the
United States not otherwise appropriated, for necessary expenses of the
Office of the Deputy Attorney General for Combating Domestic Terrorism
of the Department of Justice, $1,000,000, to remain available until
expended.
(f) <<NOTE: Effective date.>> Effective September 30, 2002, there
is transferred to the Deputy Attorney General for Combating Domestic
Terrorism all authorities, liabilities, funding, personnel, equipment,
and real property employed or used by, or associated with, the Office of
Domestic Preparedness, the National Domestic Preparedness Office, the
Executive Office of National Security, and such appropriate components
of the Office of Intelligence Policy and Review as relate to combating
terrorism, counterterrorism, and antiterrorism activities.
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. <<NOTE: Pornography. 18 USC 4042 note.>> 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 it is
made known to the Federal official having authority to obligate or
expend such funds that such information or material is sexually explicit
or features nudity.
Sec. 615. Of the funds appropriated in this Act under the heading
``Office of Justice Programs--State and Local Law Enforcement
Assistance'', not more than 90 percent of the amount to be awarded to an
entity under the Local Law Enforcement Block Grant shall be made
available to such an entity when it is made
[[Page 115 STAT. 802]]
known to the Federal official having authority to obligate or expend
such funds that the entity that employs a public safety officer (as such
term is defined in section 1204 of title I of the Omnibus Crime Control
and Safe Streets Act of 1968) does not provide such a public safety
officer who retires or is separated from service due to injury suffered
as the direct and proximate result of a personal injury sustained in the
line of duty while responding to an emergency situation or a hot pursuit
(as such terms are defined by State law) with the same or better level
of health insurance benefits at the time of retirement or separation as
they received while on duty.
Sec. 616. None of the funds provided by this Act shall be available
to promote the sale or export of tobacco or tobacco products, or to seek
the reduction or removal by any foreign country of restrictions on the
marketing of tobacco or tobacco products, except for restrictions which
are not applied equally to all tobacco or tobacco products of the same
type.
Sec. 617. (a) None of the funds appropriated or otherwise made
available by this Act shall be expended for any purpose for which
appropriations are prohibited by section 616 of the Departments of
Commerce, Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 1999, as amended.
(b) Subsection (a)(1) of section 616 of that Act, as amended, is
further amended by striking ``Claudy Myrthil,''.
(c) The requirements in subsections (b) and (c) of section 616 of
that Act shall continue to apply during fiscal year 2002.
Sec. 618. None of the funds appropriated pursuant to this Act or any
other provision of law may be used for: (1) the implementation of any
tax or fee in connection with the implementation of 18 U.S.C. 922(t);
and (2) any system to implement 18 U.S.C. 922(t) that does not require
and result in the destruction of any identifying information submitted
by or on behalf of any person who has been determined not to be
prohibited from owning a firearm.
Sec. 619. <<NOTE: 42 USC 10601 note.>> 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 $550,000,000 shall
not be available for obligation until the following fiscal year, with
the exception of emergency appropriations made available by Public Law
107-38 and transferred to the Fund.
Sec. 620. None of the funds made available to the Department of
Justice in this Act may be used to discriminate against or denigrate the
religious or moral beliefs of students who participate in programs for
which financial assistance is provided from those funds, or of the
parents or legal guardians of such students.
Sec. 621. None of the funds appropriated 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. 622. None of the funds made available to the Department of
Justice in this Act may be used for the purpose of transporting an
individual who is a prisoner pursuant to conviction for crime
[[Page 115 STAT. 803]]
under State or Federal law and is classified as a maximum or high
security prisoner, other than to a prison or other facility certified by
the Federal Bureau of Prisons as appropriately secure for housing such a
prisoner.
Sec. 623. The requirements of section 312(a)(3) of the Magnuson-
Stevens Fishery Conservation and Management Act shall not apply to funds
made available by section 2201 of Public Law 106-246.
Sec. 624. (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, <<NOTE: 16 USC 1856 note.>> is amended by striking ``2001'' and
inserting ``2006''.
(b) <<NOTE: 16 USC 1856 note.>> Section 203 of such Act, as amended
by subsection (a), is further amended by adding at the end the
following:
``(j) <<NOTE: Deadline. Reports.>> Not later than December 31,
2001, and every 2 years thereafter, the Pacific State Marine Fisheries
Commission shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Resources of the House
of Representatives a report on the health and management of the
Dungeness Crab fishery located off the coasts of the States of
Washington, Oregon, and California.''.
Sec. 625. 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. 626. <<NOTE: President. Deadline.>> (a) The President shall
submit, by not later than the time of submission of the Budget of the
United States Government for Fiscal Year 2003, a legislative proposal to
establish a comprehensive program to ensure fair, equitable, and prompt
compensation for all United States victims of international terrorism
(or relatives of deceased United States victims of international
terrorism) that occurred or occurs on or after November 1, 1979.
(b) The legislative proposal shall include, among other things,
which types of events should be covered; which categories of individuals
should be covered by a compensation program; the means by which United
States victims of prior or future acts of international terrorism,
including those with hostage claims against foreign states, will be
covered; the establishment of a Special Master to administer the
program; the categories of injuries for which there should be
compensation; the process by which any collateral source of compensation
to a victim (or a relative of a deceased victim) for an act of
international terrorism shall be offset from any compensation that may
be paid to that victim (or that relative) under the program established
by this section; and identifiable sources of funds including assets of
any state sponsor of terrorism to make payments under the program.
(c) Amend 28 U.S.C. Section 1605(a)(7)(A) by inserting at the end,
before the semicolon, the following: ``or the act is related to Case
Number 1:00CV03110(ESG) in the United States District Court for the
District of Columbia''.
Sec. 627. No funds appropriated by this Act may be used by Federal
prisons to purchase cable television services, to rent or purchase
videocassettes, videocassette recorders, or other audiovisual or
electronic equipment used primarily for recreational purposes. The
preceding sentence does not preclude the renting,
[[Page 115 STAT. 804]]
maintenance, or purchase of audiovisual or electronic equipment for
inmate training, religious, or educational programs.
Sec. 628. Clause (ii) of section 621(5)(A) of the Communications
Satellite Act of 1962 (47 U.S.C. 763(5)(A)) is amended by striking ``on
or about October 1, 2000,'' and all that follows through the end and
inserting ``not later than December 31, 2002, except that the Commission
may extend this deadline to not later than June 30, 2003.
Sec. 629. For an additional amount for ``Small Business
Administration, Salaries and Expenses'', $30,000,000, of which
$1,000,000 shall be available for a grant to Green Thumb, Inc., to
expand activities serving small businesses and older entrepreneurs;
$500,000 shall be available for a grant to the New York Small Business
Development Center to establish veterans business outreach programs;
$1,000,000 shall be for a grant to the University of West Florida for a
virtual business accelerator program; $1,000,000 shall be for a grant to
Hamilton County, Tennessee, to establish a high-tech small business
incubator; $500,000 shall be available for a grant to the Oklahoma
Department of Career and Technology Education for a technology-based
program for vocational training for economic and job development;
$200,000 shall be available for a grant to Rural Enterprises, Inc., in
Durant, Oklahoma, to continue support for a resource center for rural
businesses; $100,000 shall be available for a grant to Oklahoma State
University for a center for international trade development; $300,000
shall be for a grant to the University of Montana to establish an
economic development resource center; $1,000,000 shall be for a grant to
George Mason University to conduct an information technology business
development program; $1,500,000 shall be for a grant to Shenandoah
University to develop a historical and tourism development facility;
$1,000,000 shall be for a grant to the Software Productivity Consortium
to develop a facility to support demonstration programs on information
technology and telework; $1,000,000 shall be for a grant to the Southern
Kentucky Tourism Development Association for continuation of a regional
tourism promotion initiative; $1,500,000 shall be for a grant to the
Southern Kentucky Economic Development Corporation for regional
infrastructure and economic development initiatives; $450,000 shall be
for a grant to Southern Kentucky Rehabilitation Industries for financial
assistance and small business development; $350,000 shall be available
for a grant to the Catskill Mountain Foundation to develop facilities
and small business assistance programs; $500,000 shall be for a grant to
the East Los Angeles Community Union to redevelop small business
assistance facilities; $300,000 shall be for a grant to the Rockford,
Illinois, Health Council for a pilot program on small business health
care insurance issues; $2,000,000 shall be for a grant for the Illinois
Coalition for a national demonstration project providing one-stop
assistance for technology startup businesses; $1,000,000 shall be for a
grant to James Madison University for library programs and facilities to
assist small businesses; $300,000 shall be for a grant to Lewis and
Clark College in Lewiston, Idaho, to develop a virtual business
incubator; $300,000 shall be for a grant to the City of Chesapeake,
Virginia, to develop a community and microenterprise development
facility; $700,000 shall be for a grant to Social Compact for the
``Realizing the Dream'' initiative; $1,000,000 shall be for a grant to
Soundview Community in Action for a technology access and
[[Page 115 STAT. 805]]
business improvement project; $500,000 shall be for a grant to the Urban
Justice Center in New York City for a community development project;
$1,000,000 shall be for a grant to the Bronx Child Study Center at the
Bronx-Lebanon Hospital Center; $2,000,000 shall be for a grant to the
Los Angeles Conservancy for rebuilding and revitalization; $2,000,000
shall be to the Rhode Island School of Design for the modernization of a
building to establish a small business incubator; $500,000 shall be for
a grant to Johnstown Area Regional Industries for a High Technology
Initiative and a Wireless/Digital Technology Program; $400,000 shall be
for a grant to Purdue University for the purposes of constructing the
Purdue Regional Technology Center in Lake County, Indiana; $500,000
shall be for a grant to the NTTC at Wheeling Jesuit University to
continue the outreach program to assist small business development;
$400,000 shall be for a grant to the Infotonics Center of Excellence in
Rochester, New York, for photonics incubation and business development;
$1,100,000 shall be for a grant to the MountainMade Foundation to
fulfill its charter purposes and to continue the initiative developed by
the NTTC for promotion, business and sites development, and education of
artists and craftspeople; $500,000 shall be for a grant to the West
Virginia High Technology Consortium Foundation to develop a small
business commercialization grant program; $400,000 shall be for a grant
to the National Corrections and Law Enforcement Training and Technology
Center, Inc., to work in conjunction with the Office of Law Enforcement
Technology Commercialization and the Moundsville Economic Development
Council for continued operations of the National Corrections and Law
Enforcement Training and Technology Center, and for infrastructure
improvements associated with this initiative; $500,000 shall be for a
grant to the Chippewa Falls Industrial Development Corporation in
Chippewa Falls, Wisconsin, for a business development assistance
program; $400,000 shall be for a grant to the National Center for e-
Commerce at Polytechnic University in Brooklyn, New York; $150,000 shall
be for a grant to Portage County, Wisconsin, for the establishment of a
revolving loan fund; $1,000,000 shall be for a grant to the Upper
Manhattan Empowerment Zone to develop a community accessible
recreational area and economic development site along the Hudson River
between 125th and 135th Streets; $150,000 is for a grant to the Long
Island Bay Shore Aquarium to develop a facility; $500,000 is for a grant
to Yonkers, New York, for the Nepperhan Valley Technology Center; and
$500,000 shall be for a grant for Greenpoint Manufacturing and Design
Center to acquire certain properties to develop a small business
incubator facility: Provided, That Section 633 of Public Law 106-553 is
amended with respect to a grant of $1,000,000 for the City of Oak Ridge,
Tennessee, by inserting the words ``through a subaward to the Oak Ridge
Associated University for renovation and expansion of a facility owned
by the Oak Ridge Associated University'' after ``to support technology
and economic development initiatives''.
Sec. 630. 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.
[[Page 115 STAT. 806]]
TITLE VII--RESCISSIONS
DEPARTMENT OF JUSTICE
Legal Activities
assets forfeiture fund
(rescission)
Of the unobligated balances available under this heading,
$40,000,000 are rescinded.
DEPARTMENT OF COMMERCE
Departmental Management
emergency oil and gas guaranteed loan program account
(rescission)
Of the unobligated balances available under this heading from prior
year appropriations, $5,200,000 are rescinded.
RELATED AGENCIES
DEPARTMENT OF TRANSPORTATION
Maritime Administration
ship construction
(rescission)
Of the unobligated balances available under this heading, $4,400,000
are rescinded.
Securities and Exchange Commission
salaries and expenses
(rescission)
Of the unobligated balances available under this heading,
$50,000,000 are rescinded.
Small Business Administration
business loans program account
(rescission)
Of the unobligated balances available under this heading, $5,500,000
are rescinded.
[[Page 115 STAT. 807]]
This Act may be cited as the ``Departments of Commerce, Justice, and
State, the Judiciary, and Related Agencies Appropriations Act, 2002''.
Approved November 28, 2001.
LEGISLATIVE HISTORY--H.R. 2500 (S. 1215):
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HOUSE REPORTS: Nos. 107-139 (Comm. on Appropriations) and 107-278
(Comm. of Conference).
SENATE REPORTS: No. 107-42 accompanying S. 1215 (Comm. on
Appropriations).
CONGRESSIONAL RECORD, Vol. 147 (2001):
July 17, 18, considered and passed House.
Sept. 10, 13, considered and passed Senate, amended.
Sept. 21, Senate amended its amendment.
Nov. 14, House agreed to conference report.
Nov. 15, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 37 (2001):
Nov. 28, Presidential statement.
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