PUBLIC LAW 107–77—NOV. 28, 2001

DEPARTMENTS OF COMMERCE, JUSTICE,

AND STATE, THE JUDICIARY, AND RELATED

AGENCIES APPROPRIATIONS ACT, 2002

115 STAT. 748 PUBLIC LAW 107–77—NOV. 28, 2001

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.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled, That the

following sums are appropriated, out of any money in the Treasury

not otherwise appropriated, for the fiscal year ending September

30, 2002, and for other purposes, namely:

TITLE I—DEPARTMENT OF JUSTICE

GENERAL ADMINISTRATION

SALARIES AND EXPENSES

For expenses necessary for the administration of the Department of Justice, $91,668,000, of which not to exceed $3,317,000

is for the Facilities Program 2000, to remain available until

expended: Provided, That not to exceed 43 permanent positions

and 44 full-time equivalent workyears and $8,451,000 shall be

expended for the Department Leadership Program exclusive of augmentation that occurred in these offices in fiscal year 2001: Provided

further, That not to exceed 41 permanent positions and 48 fulltime 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 nonreimbursable 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.

Departments of

Commerce,

Justice, and

State, the

Judiciary, and

Related Agencies

Appropriations

Act, 2002.

Department of

Justice

Appropriations

Act, 2002.

Nov. 28, 2001

[H.R. 2500]

PUBLIC LAW 107–77—NOV. 28, 2001 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:

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

Notification.

115 STAT. 750 PUBLIC LAW 107–77—NOV. 28, 2001

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

PUBLIC LAW 107–77—NOV. 28, 2001 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 fulltime equivalent workyears available to the Offices of the United

States Attorneys, not to exceed 9,571 positions and 9,776 fulltime 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.

115 STAT. 752 PUBLIC LAW 107–77—NOV. 28, 2001

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 policetype 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.

PUBLIC LAW 107–77—NOV. 28, 2001 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

115 STAT. 754 PUBLIC LAW 107–77—NOV. 28, 2001

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 federallyowned 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

PUBLIC LAW 107–77—NOV. 28, 2001 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

115 STAT. 756 PUBLIC LAW 107–77—NOV. 28, 2001

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 fulltime equivalent workyears available to the Immigration and Naturalization Service, not to exceed 3,100 positions and 3,500 fulltime 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,

PUBLIC LAW 107–77—NOV. 28, 2001 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, 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 pro- vided 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-forprofit 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

42 USC 250a.

115 STAT. 758 PUBLIC LAW 107–77—NOV. 28, 2001

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

PUBLIC LAW 107–77—NOV. 28, 2001 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:

115 STAT. 760 PUBLIC LAW 107–77—NOV. 28, 2001

(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

PUBLIC LAW 107–77—NOV. 28, 2001 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.

115 STAT. 762 PUBLIC LAW 107–77—NOV. 28, 2001

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

PUBLIC LAW 107–77—NOV. 28, 2001 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 provi- sion 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 GangVerDate 11-MAY-2000 17:02 Dec 14, 2001 Jkt 099139 PO 00077 Frm 00017 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL077.107 APPS24 PsN: PUBL077
115 STAT. 764 PUBLIC LAW 107–77—NOV. 28, 2001

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 AtRisk 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. None of the funds appropriated by this title shall

be available to pay for an abortion, except where the life of the

mother would be endangered if the fetus were carried to term,

or in the case of rape: Provided, That should this prohibition be

declared unconstitutional by a court of competent jurisdiction, this

section shall be null and void.

SEC. 104. None of the funds appropriated under this title shall

be used to require any person to perform, or facilitate in any

way the performance of, any abortion.

SEC. 105. Nothing in the preceding section shall remove the

obligation of the Director of the Bureau of Prisons to provide escort

services necessary for a female inmate to receive such service outside the Federal facility: Provided, That nothing in this section

in any way diminishes the effect of section 104 intended to address

Abortion.

Abortion.

PUBLIC LAW 107–77—NOV. 28, 2001 115 STAT. 765

the philosophical beliefs of individual employees of the Bureau

of Prisons.

SEC. 106. Notwithstanding any other provision of law, not

to exceed $10,000,000 of the funds made available in this Act

may be used to establish and publicize a program under which

publicly advertised, extraordinary rewards may be paid, which shall

not be subject to spending limitations contained in sections 3059

and 3072 of title 18, United States Code: Provided, That any reward of $100,000 or more, up to a maximum of $2,000,000, may not

be made without the personal approval of the President or the

Attorney General and such approval may not be delegated: 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 preinspection 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, is further amended by striking

‘‘6’’ and inserting ‘‘96’’.

SEC. 111. (a) Section 1402(d)(3) of the Victims of Crime Act

of 1984, 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

42 USC 10601.

8 USC 1356.

18 USC 3059

note.

115 STAT. 766 PUBLIC LAW 107–77—NOV. 28, 2001

and functions, into the Office of Justice Programs, for fiscal year

2002 and thereafter.

SEC. 114. (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.

Posthumous

citizenship.

PUBLIC LAW 107–77—NOV. 28, 2001 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) 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).

Deadline.

115 STAT. 768 PUBLIC LAW 107–77—NOV. 28, 2001

(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. 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. 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

Regulations.

Regulations.

PUBLIC LAW 107–77—NOV. 28, 2001 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 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—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

Department of

Commerce and

Related Agencies

Appropriations

Act, 2002.

8 USC 1221.

115 STAT. 770 PUBLIC LAW 107–77—NOV. 28, 2001

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

PUBLIC LAW 107–77—NOV. 28, 2001 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, pre- paring, 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;

115 STAT. 772 PUBLIC LAW 107–77—NOV. 28, 2001

$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, 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:

47 USC 903 note.

PUBLIC LAW 107–77—NOV. 28, 2001 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.

115 STAT. 774 PUBLIC LAW 107–77—NOV. 28, 2001

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,

PUBLIC LAW 107–77—NOV. 28, 2001 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, 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

2 USC 900 note.

115 STAT. 776 PUBLIC LAW 107–77—NOV. 28, 2001

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, 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, 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.

Deadline.

16 USC 1456d.

PUBLIC LAW 107–77—NOV. 28, 2001 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).

115 STAT. 778 PUBLIC LAW 107–77—NOV. 28, 2001

SEC. 203. None of the funds made available by this Act may

be used to support the hurricane reconnaissance aircraft and activities that are under the control of the United States Air Force

or the United States Air Force Reserve.

SEC. 204. Not to exceed 5 percent of any appropriation made

available for the current fiscal year for the Department of Commerce

in this Act may be transferred between such appropriations, but

no such appropriation shall be increased by more than 10 percent

by any such transfers: Provided, That any transfer pursuant to

this section shall be treated as a reprogramming of funds under

section 605 of this Act and shall not be available for obligation

or expenditure except in compliance with the procedures set forth

in that section.

SEC. 205. Any costs incurred by a department or agency funded

under this title resulting from personnel actions taken in response

to funding reductions included in this title or from actions taken

for the care and protection of loan collateral or grant property

shall be absorbed within the total budgetary resources available

to such department or agency: Provided, That the authority to

transfer funds between appropriations accounts as may be necessary

to carry out this section is provided in addition to authorities

included elsewhere in this Act: Provided further, That use of funds

to carry out this section shall be treated as a reprogramming

of funds under section 605 of this Act and shall not be available

for obligation or expenditure except in compliance with the procedures set forth in that section.

SEC. 206. The Secretary of Commerce may award contracts

for hydrographic, geodetic, and photogrammetric surveying and

mapping services in accordance with title IX of the Federal Property

and Administrative Services Act of 1949 (40 U.S.C. 541 et seq.).

SEC. 207. The Secretary of Commerce may use the Commerce

franchise fund for expenses and equipment necessary for the

maintenance and operation of such administrative services as the

Secretary determines may be performed more advantageously as

central services, pursuant to section 403 of Public Law 103–356:

Provided, That any inventories, equipment, and other assets pertaining to the services to be provided by such fund, either on

hand or on order, less the related liabilities or unpaid obligations,

and any appropriations made for the purpose of providing capital

shall be used to capitalize such fund: Provided further, That such

fund shall be paid in advance from funds available to the Department and other Federal agencies for which such centralized services

are performed, at rates which will return in full all expenses of

operation, including accrued leave, depreciation of fund plant and

equipment, amortization of automated data processing (ADP) software and systems (either acquired or donated), and an amount

necessary to maintain a reasonable operating reserve, as determined by the Secretary: Provided further, That such fund shall

provide services on a competitive basis: Provided further, That

an amount not to exceed 4 percent of the total annual income

to such fund may be retained in the fund for fiscal year 2002

and each fiscal year thereafter, to remain available until expended,

to be used for the acquisition of capital equipment, and for the

improvement and implementation of department financial management, ADP, and other support systems: Provided further, That

such amounts retained in the fund for fiscal year 2002 and each

31 USC 501 note.

PUBLIC LAW 107–77—NOV. 28, 2001 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 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’’.

16 USC 1851

note.

115 STAT. 780 PUBLIC LAW 107–77—NOV. 28, 2001

TITLE III—THE JUDICIARY

SUPREME COURT OF THE UNITED STATES

SALARIES AND EXPENSES

For expenses necessary for the operation of the Supreme Court,

as required by law, excluding care of the building and grounds,

including purchase or hire, driving, maintenance, and operation

of an automobile for the Chief Justice, not to exceed $10,000 for

the purpose of transporting Associate Justices, and hire of passenger

motor vehicles as authorized by 31 U.S.C. 1343 and 1344; not

to exceed $10,000 for official reception and representation expenses;

and for miscellaneous expenses, to be expended as the Chief Justice

may approve, $39,988,000.

CARE OF THE BUILDING AND GROUNDS

For such expenditures as may be necessary to enable the

Architect of the Capitol to carry out the duties imposed upon

the Architect by the Act approved May 7, 1934 (40 U.S.C. 13a–

13b), $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.

Judiciary

Appropriations

Act, 2002.

PUBLIC LAW 107–77—NOV. 28, 2001 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.

115 STAT. 782 PUBLIC LAW 107–77—NOV. 28, 2001

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 provi- sions 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

PUBLIC LAW 107–77—NOV. 28, 2001 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. 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—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, 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

8 USC 1351 note.

Department of

State and

Related Agency

Appropriations

Act, 2002.

28 USC 461 note.

115 STAT. 784 PUBLIC LAW 107–77—NOV. 28, 2001

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: 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.

China.

Notification.

PUBLIC LAW 107–77—NOV. 28, 2001 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.

115 STAT. 786 PUBLIC LAW 107–77—NOV. 28, 2001

INTERNATIONAL ORGANIZATIONS AND CONFERENCES

CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

For expenses, not otherwise provided for, necessary to meet

annual obligations of membership in international multilateral

organizations, pursuant to treaties ratified pursuant to the advice

and consent of the Senate, conventions or specific Acts of Congress,

$850,000,000: Provided, That any payment of arrearages under

this title shall be directed toward special activities that are mutually

agreed upon by the United States and the respective international

organization: Provided further, That none of the funds appropriated

in this paragraph shall be available for a United States contribution

to an international organization for the United States share of

interest costs made known to the United States Government by

such organization for loans incurred on or after October 1, 1984,

through external borrowings: Provided further, That, of the funds

appropriated in this paragraph, $100,000,000 may be made available only pursuant to a certification by the Secretary of State

that the United Nations has taken no action in calendar year

2001 prior to the date of enactment of this Act to increase funding

for any United Nations program without identifying an offsetting

decrease elsewhere in the United Nations budget and cause the

United Nations to exceed the budget for the biennium 2000–2001

of $2,535,700,000: Provided further, That if the Secretary of State

is unable to make the aforementioned certification, the $100,000,000

is to be applied to paying the current year assessment for other

international organizations for which the assessment has not been

paid in full or to paying the assessment due in the next fiscal

year for such organizations, subject to the reprogramming procedures contained in section 605 of this Act: Provided further, That

funds appropriated under this paragraph may be obligated and

expended to pay the full United States assessment to the civil

budget of the North Atlantic Treaty Organization.

CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES

For necessary expenses to pay assessed and other expenses

of international peacekeeping activities directed to the maintenance

or restoration of international peace and security, $844,139,000,

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,

22 USC 269a

note.

PUBLIC LAW 107–77—NOV. 28, 2001 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, 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.

2 USC 269a note.

115 STAT. 788 PUBLIC LAW 107–77—NOV. 28, 2001

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 Nonprofit 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

PUBLIC LAW 107–77—NOV. 28, 2001 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. 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

22 USC 287e

note.

115 STAT. 790 PUBLIC LAW 107–77—NOV. 28, 2001

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. 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) is amended by

striking ‘‘October 1, 2001’’ and inserting ‘‘October 1, 2005’’.

(b) 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) are

hereby reenacted into law.

(d) 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) 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

22 USC 276e

note.

22 USC 1469

note.

22 USC 1461

note, 1469;

5 USC app.

22 USC 6553

note.

22 USC 6553.

22 USC 2463.

PUBLIC LAW 107–77—NOV. 28, 2001 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) 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

22 USC 276l

note.

115 STAT. 792 PUBLIC LAW 107–77—NOV. 28, 2001

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

33 USC 857–19 until expended: Provided, That the Commission shall present to

note.

PUBLIC LAW 107–77—NOV. 28, 2001 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

115 STAT. 794 PUBLIC LAW 107–77—NOV. 28, 2001

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 pas- senger 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;

PUBLIC LAW 107–77—NOV. 28, 2001 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 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

110 Stat.

1321–55.

115 STAT. 796 PUBLIC LAW 107–77—NOV. 28, 2001

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.

PUBLIC LAW 107–77—NOV. 28, 2001 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

115 STAT. 798 PUBLIC LAW 107–77—NOV. 28, 2001

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. The expenditure of any appropriation under this

Act for any consulting service through procurement contract, pursuant to 5 U.S.C. 3109, shall be limited to those contracts where

such expenditures are a matter of public record and available

for public inspection, except where otherwise provided under

existing law, or under existing Executive order issued pursuant

to existing law.

SEC. 604. If any provision of this Act or the application of

such provision to any person or circumstances shall be held invalid,

the remainder of the Act and the application of each provision

to persons or circumstances other than those as to which it is

held invalid shall not be affected thereby.

SEC. 605. (a) None of the funds provided under this Act, or

provided under previous appropriations Acts to the agencies funded

by this Act that remain available for obligation or expenditure

in fiscal year 2002, or provided from any accounts in the Treasury

of the United States derived by the collection of fees available

to the agencies funded by this Act, shall be available for obligation

or expenditure through a reprogramming of funds which: (1) creates

new programs; (2) eliminates a program, project, or activity; (3)

increases funds or personnel by any means for any project or

activity for which funds have been denied or restricted; (4) relocates

an office or employees; (5) reorganizes offices, programs, or activities; or (6) contracts out or privatizes any functions or activities

presently performed by Federal employees; unless the Appropriations Committees of both Houses of Congress are notified 15 days

in advance of such reprogramming of funds.

Notification.

Contracts.

Public

information.

PUBLIC LAW 107–77—NOV. 28, 2001 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 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

Notification.

115 STAT. 800 PUBLIC LAW 107–77—NOV. 28, 2001

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. 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. (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;

President.

28 USC 504 note.

18 USC 4042

note.

PUBLIC LAW 107–77—NOV. 28, 2001 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) 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. 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

Pornography.

18 USC 4042

note.

Effective date.

115 STAT. 802 PUBLIC LAW 107–77—NOV. 28, 2001

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. 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

42 USC 10601

note.

PUBLIC LAW 107–77—NOV. 28, 2001 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, is amended by striking ‘‘2001’’ and

inserting ‘‘2006’’.

(b) Section 203 of such Act, as amended by subsection (a),

is further amended by adding at the end the following:

‘‘(j) Not later than December 31, 2001, and every 2 years

thereafter, the Pacific State Marine Fisheries Commission shall

submit to the Committee on Commerce, Science, and Transportation

of the Senate and the Committee on Resources of the House of

Representatives a report on the health and management of the

Dungeness Crab fishery located off the coasts of the States of

Washington, Oregon, and California.’’.

SEC. 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. (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,

President.

Deadline.

Deadline.

Reports.

16 USC 1856

note.

16 USC 1856

note.

115 STAT. 804 PUBLIC LAW 107–77—NOV. 28, 2001

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

PUBLIC LAW 107–77—NOV. 28, 2001 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.

115 STAT. 806 PUBLIC LAW 107–77—NOV. 28, 2001

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.

PUBLIC LAW 107–77—NOV. 28, 2001 115 STAT. 807

LEGISLATIVE HISTORY—H.R. 2500 (S. 1215):

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.

Æ

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.