73–688

107TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 107–139

DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE

JUDICIARY, AND RELATED AGENCIES APPROPRIATIONS

BILL, FISCAL YEAR 2002

JULY 13, 2001.—Committed to the Committee of the Whole House on the State of

the Union and ordered to be printed

Mr. WOLF, from the Committee on Appropriations,

submitted the following

REPORT

together with

MINORITY VIEWS

[To accompany H.R. 2500]

The Committee on Appropriations submits the following report in

explanation of the accompanying bill making appropriations for the

Departments of Commerce, Justice, and State, the Judiciary, and

related agencies for the fiscal year ending September 30, 2002.

INDEX TO BILL AND REPORT

Page Number

Bill Report

Title I—Department of Justice ................................................................. 2 8

Title II—Department of Commerce and Related Agencies ..................... 42 58

Office of the United States Trade Representative ........................... 42 58

International Trade Commission ....................................................... 43 59

Department of Commerce ................................................................... 43 59

Title III—The Judiciary ............................................................................. 63 88

Title IV—Department of State and Related Agency ............................... 70 96

Department of State ........................................................................... 70 96

Broadcasting Board of Governors ...................................................... 81 117

Title V—Related Agencies ......................................................................... 84 119

Department of Transportation: Maritime Administration .............. 84 119

Commission for the Preservation of America’s Heritage Abroad .... 86 122

Commission on Civil Rights ............................................................... 86 123

Commission on International Religious Freedom ............................ 87 123

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Commission on Ocean Policy ............................................................. ........ 123

Commission on Security and Cooperation in Europe ....................... 87 124

Congressional-Executive Commission on the People’s Republic of

China ................................................................................................ 87 124

Equal Employment Opportunity Commission .................................. 87 124

Federal Communications Commission .............................................. 88 125

Federal Maritime Commission ........................................................... 89 126

Federal Trade Commission ................................................................ 90 126

Legal Services Corporation ................................................................ 91 127

Marine Mammal Commission ............................................................ 92 128

National Veterans Business Development Corporation ................... 92 128

Pacific Charter Commission ............................................................... 92 128

Securities and Exchange Commission ............................................... 93 128

Small Business Administration ......................................................... 94 129

State Justice Institute ........................................................................ 98 134

Title VI—General Provisions .................................................................... 98 134

Title VII—Rescissions ................................................................................ 108 137

SUMMARY OF ESTIMATES AND RECOMMENDATIONS

The Committee recommends a total of $38,541,000,000 in discretionary budget authority for the departments and agencies funded

in this bill. The recommendation is $599,284,000 above the request

and $971,974,000 above the amounts enacted for the current fiscal

year. Within the amounts recommended for discretionary appropriations, the committee provides $440,000,000 for the new conservation allocation. The Committee assumes a 4.6% salary adjustment in all instances where it has provided amounts for adjustments to a base level of operations for departments and agencies

funded in this bill. The Committee also recommends $619,801,000

for mandatory programs funded within this bill.

The following table provides a comparison of the new budget authority and outlays recommended in the accompanying bill with the

amounts appropriated for fiscal year 2001, and the budget request

for fiscal year 2002:

[In millions of dollars]

FY 2001 enacted FY 2002 request FY 2002 recommended

FY 2002 recommendation compared with

FY 2001 enacted FY 2002 request

Discretionary ...................................... 37,569 37,658 38,101 +532 +443

Discretionary-Conservation ................ ........................ 284 440 +440 +156

Mandatory .......................................... 578 627 620 +42 ¥7

Total ..................................... 38,147 38,569 39,161 +1,014 +592

HIGHLIGHTS OF THE BILL

Major initiatives and highlights contained in the recommendation follow:

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TITLE I.—DEPARTMENT OF JUSTICE

[In millions of dollars]

FY 2001 enacted FY 2002 request FY 2002 recommended

FY 2002 recommendation compared

with

FY 2001 enacted FY 2002 request

Discretionary ...................................... 20,877 20,925 21,549 +672 +623

—$21.5 billion in discretionary funding for the Department of

Justice, $672 million above the fiscal year 2001 level and $623 million above the President’s request.

—$455 million increase to address critical detention requirements to house Federal prisoners and criminal and illegal aliens.

—$469 million increase for the Drug Enforcement Administration, the Federal Bureau of Investigation, and the U.S. Attorneys

to maintain and enhance Federal law enforcement’s ability to fight

the war on violent crime and drugs, and to provide new tools to

combat cybercrime and national security threats.

—$252 million increase for the Immigration and Naturalization

Service to enforce our immigration laws, hire additional border patrol agents, increase detention and removal capacity, continue the

interior enforcement effort, and reduce the backlog of naturalization applications.

—$150 million increase to enforce Federal and State gun laws

and distribute gun safety locks.

—$4.3 billion for the Office of Justice Programs and Community

Oriented Policing Services (COPS) Program to continue assistance

to State and local law enforcement agencies, including: $522 million for the Local Law Enforcement Block Grant program, $570

million for the Edward Byrne Memorial State and Local Law Enforcement Assistance Grant program, $250 million for Juvenile Accountability Block Grant programs, and $565 million for the State

Criminal Alien Assistance program. In addition, $391 million is

provided for Violence Against Women Act programs, $1.0 billion for

COPS, and $298 million for Juvenile Justice programs.

TITLE II.—DEPARTMENT OF COMMERCE AND RELATED AGENCIES

[In millions of dollars]

FY 2001 enacted FY 2002 request FY 2002 recommended

FY 2002 recommendation compared with

FY 2001 enacted FY 2002 request

Discretionary ...................................... 5,233 4,880 4,745 ¥488 ¥135

Discretionary-Conservation ................ ........................ 284 440 +440 +156

—The Committee is consistent with the President’s request for

most of the Department of Commerce and trade-related agencies.

The recommendation fully funds the Bureau of the Census, the

Patent and Trademark Office, the National Institute of Standards

and Technology, the Export Administration, the Minority Business

Development Agency, Economic and Statistical Analysis, and the

National Telecommunications and Information Administration.

—The International Trade Administration is funded at $15 million over the President’s request to provide for restoration of textile

and apparel activities, and fully funds the trade enforcement and

compliance initiative from last year.

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—For the National Institute of Standards and Technology

(NIST), the Committee fully funds the President’s proposal and discontinues funding for new grants for the Advanced Technology Program (ATP). The ATP researchers and scientists have been transferred to the scientific and technical research services account. —The National Oceanic and Atmospheric Administration

(NOAA) is fully funded and adjustments to base are provided. The

recommendation designates the full funding for the conservation

category, $440 million. Protected species, ocean assessment, and

habitat restoration categories are funded within the conservation

budget category, similar to treatment in the Interior Appropriations bill. —NOAA includes $135 million for Pacific salmon restoration.

TITLE III.—THE JUDICIARY

[In millions of dollars]

FY 2001 enacted FY 2002 request FY 2002 recommended

FY 2002 recommendation compared

with

FY 2001 enacted FY 2002 request

Discretionary ...................................... 3,966 4,580 4,388 +422 ¥192

—Provides funding for the ongoing activities of the Federal

courts; allows the Defender Services account to keep up with ongoing workload and funding requirements; and begins the long overdue restoration of the Supreme Court building. The recommendation provides $4.7 billion, which is an increase of $426 million over

last year’s enacted level and $192 million below the request.

—Provides sufficient funding to increase panel attorney rates to

$90 per hour. The recommendation also assumes that in-court

hours and out-of-court hours should no longer be compensated at

different rates given the reality that the most efficient hours are

those used to avoid costly trials. —Defers without prejudice the Administration request regarding

salary adjustments for Justices and judges.

TITLE IV.—DEPARTMENT OF STATE AND INTERNATIONAL BROADCASTING

[In millions of dollars]

FY 2001 enacted FY 2002 request FY 2002

recommended

FY 2002

recommendation compared with

FY 2001 enacted FY 2002 request

Discretionary ...................................... 6,910 7,841 7,747 +837 ¥94

—Provides a program increase of $419 million for ‘‘diplomatic

readiness’’, including $134 million for 360 new positions, $216 million for technology initiatives to replace the Department’s obsolete

classified computer system and bring Internet access to every desktop, and $69,000,000 to replace and maintain overseas infrastructure.

—Over $1.3 billion, the full request, for embassy security programs, an increase of $234 million over FY 2001. This increase includes an additional $154 million for capital security construction

for replacement of our most vulnerable embassies and consulates,

and a program increase of $79 million and 237 positions to meet

increased requirements for improving the security of State operVerDate 11-MAY-2000 04:04 Jul 14, 2001 Jkt 089006 PO 00000 Frm 00004 Fmt 6659 Sfmt 6602 E:\HR\OC\HR139.000 pfrm02 PsN: HR139
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ations, including initiatives on improving information and telephone security, counterintelligence, access control, and training. —$850 million to fully cover anticipated assessments for U.S.

membership in the United Nations and other international organizations. —$844 million for contributions for international peacekeeping

activities, the full amount requested. —$479 million for International Broadcasting, $9 million more

than the request, including new initiatives to improve the impact

of broadcasting to the Middle East and East Asia.

TITLE V.—RELATED AGENCIES

[In millions of dollars]

FY 2001 enacted FY 2002 request FY 2002

recommended

FY 2002 recommendation compared

with

FY 2001 enacted FY 2002 request

Discretionary ...................................... 2,197 1,804 2,102 ¥95 +298

—$232 million for the Maritime Administration, an increase of

$129 million above the request, including full funding of $99 million for the Maritime Security Program, $34 million for the Title

XI guaranteed loan program, and the designation of $13 million to

continue capital renovation efforts at the U.S. Merchant Marine

Academy.

—$3 million, the full request, for the Commission on International Religious Freedom to continue their efforts to monitor violations of religious freedom worldwide.

—$310 million, the full request level for the Equal Employment

Opportunity Commission, to continue efforts to reduce the backlog

of private sector discrimination charges awaiting Commission action.

—$438 million, the full request level for the Securities and Exchange Commission.

—$728 million for the Small Business Administration, an increase of $186 million above the request. This amount includes

$205 million to support an average annual level of disaster home

and economic injury loans, and $208 million for SBA business loan

programs including appropriations to support a 7(a) general business loan program level of $10 billion.

—$329 million for the Legal Services Corporation, the requested

level.

REPROGRAMMINGS, REORGANIZATIONS, AND RELOCATIONS

The House and Senate reports accompanying the appropriations

bills for the Departments of Commerce, Justice, and State, the Judiciary, and the Related Agencies for several years have contained

language concerning the reprogramming of funds between programs and activities. This matter is addressed in section 605 of the

General Provisions contained in the accompanying bill.

The Committee expects each department and agency to follow

closely the reprogramming procedures listed below, which are identical to provisions that applied in statute during fiscal year 2001.

These procedures apply to funds provided under this Act, or provided under previous Appropriations Acts that remain available for

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obligation or expenditure in fiscal year 2002, or provided from any

accounts in the Treasury available to the agencies funded by this

Act.

The Committee expects that the Chairman of the Appropriations

Subcommittee on the Departments of Commerce, Justice, and

State, the Judiciary, and Related Agencies will be notified by letter

a minimum of 15 days prior to— (1) Reprogramming of funds, whether permanent or temporary, in excess of $500,000 or 10 percent, whichever is less, between programs or activities. This provision is also applicable in cases where

several activities are involved with each receiving less than

$500,000. In addition, the Committee is to be notified of reprogramming actions which are less than these amounts if such actions

would have the effect of committing the agency to significant funding requirements in future years.

(2) Increasing funds or personnel by any means for any project

or activity for which funds have been denied or restricted.

(3) Creating new programs, offices, agencies or commissions or

substantial augmentation of existing programs, offices, agencies or

commissions.

(4) Relocating offices or employees.

(5) Reorganizing offices, programs, or activities.

In addition, the Committee expects any department or agency

funded in the accompanying bill that is planning to conduct a reduction-in-force to notify the Committee by letter 30 days in advance of the date of the proposed personnel action.

The Committee also expects that any items that are subject to

interpretation will be reported.

The Committee is concerned that, in some instances, the departments or agencies funded within this Appropriations Act are not

adhering to the Committee’s reprogramming policy and procedures

that are set forth in this report and in section 605 of the accompanying bill. The Committee expects that each department and

agency funded in the bill to follow these notification policies precisely and will not reallocate resources or reorganize activities prior

to submitting the required notifications to the Committee. The

Committee has provided each of the departments, the Judiciary,

and the Small Business Administration with transfer authority,

which is the same as the transfer authority provided in the fiscal

year 2001 Appropriations Act. The Committee believes such authority, together with the traditional reprogramming policy, gives

each department, the Judiciary and the Small Business Administration the needed flexibility to respond to unanticipated circumstances and requirements which may arise throughout the fiscal year.

RELATIONSHIP WITH BUDGET AND COMPTROLLER’S OFFICES

Through the years the Appropriations Committee has channeled

most of its inquiries and requests for information and assistance

through the budget offices or comptroller organizations of the various departments, agencies, and commissions and the Judiciary.

The Committee has often pointed out the natural affinity and relationship between these organizations and the Appropriations Committee that makes such a relationship imperative. The Committee

reiterates its position that, while it always reserves the right to call

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upon all organizations in the departments, agencies, and commissions and the Judiciary for information and assistance, the primary

conjunction between the Committee and these entities must be

through the budget offices and comptroller organizations.

The Committee appreciates all of the assistance received from

each of the departments, agencies, and commissions and the Judiciary during this past year. The workload generated in the budget

process is large and growing, and, therefore, a positive, responsive

relationship between the Committee and the budget and/or comptroller offices is absolutely essential to the appropriations process

of the United States Government.

FULL COMPLIANCE WITH TELEWORK DIRECTIVE

Advances in information and computer technology, the development of the Internet, and the growth of wireless and digital products have given some federal employees the ability to telework—or

work anytime from almost anyplace. Management considerations,

such as productive and satisfied workers; environmental considerations, such as reduced traffic congestion and improved air quality;

and quality of life considerations, such as accommodating the

short- or long-term health responsibilities of employees, require the

establishment of telework programs.

Policies on telework are evolving. Among the factors that contribute to successful programs are top management support, a clear

telework agreement that includes expectations with measurable

goals, accountability, and performance results. The Committee is

committed to telework programs in the Federal government. Section 359 of Public Law 106–346, the Department of Transportation

Appropriations Act for fiscal year 2001, directs executive agencies

to establish policies under which eligible employees can telecommute to the maximum extent possible without diminished performance. By April 2001, the Office of Personnel Management was directed to ensure that telework policies were in place for 25% of the

eligible federal workforce, and for an additional 25% each year

thereafter. The Committee expects the departments, the Judiciary,

and the related agencies funded herein to be in full compliance

with this timetable.

STAFFING AND OPERATIONS OUTSIDE OF THE UNITED STATES

The Committee remains concerned that there does not yet appear

to be any systematic control over the size and growth of Federal

department and agency presence outside of the United States, raising the likelihood that resources are being misallocated. The Committee, in conjunction with the Administration, has begun a number of initiatives to improve the situation, including the International Cooperative Administrative Support Services system, to

better allocate costs of overseas presence to each agency, in order

to ensure that any decision to assign personnel overseas is based

on the true cost. Most recently, the Committee has supported the

Overseas Presence Advisory Panel, which presented recommendations on right-sizing our overseas presence to the Secretary of

State.

This concern is due in large part to the cost implications. It costs

two to three times as much to maintain an employee outside of the

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United States as it does within the United States. It is clear that

rationalizing and systematizing staffing and operations in foreign

countries has the potential for large budgetary savings. The Committee has included additional guidance under Title IV of this report related to the implementation of these recommendations.

The Committee wishes to make it clear that any expansion of

staffing or presence overseas is to be brought to the attention of the

Committee at the outset of the planning process, well in advance

of the proposed use of any funds appropriated in this Act, or any

prior or subsequent Appropriations Acts, preferably through the

annual budget submission, and as a last resort through the reprogramming process. The Committee remains intent upon finding

the proper way to assure control of the deployment of personnel

and resources outside of the United States.

TITLE I—DEPARTMENT OF JUSTICE

The Committee recommends $21,723,303,000 in new budget authority in the accompanying bill for the Department of Justice for

fiscal year 2002. This amount is $693,828,000 above the appropriation for the current year and is $615,529,000 above the budget request.

Of the total amount provided, $21,548,585,000 is derived from

general purpose discretionary funds, which represents an increase

of $671,907,000 above the current year. The remaining

$174,718,000 provided is scored as mandatory spending.

The Committee recommendation for the Department of Justice

reflects the continuing commitment of the Congress to investments

which have been made over the last six years to address the Nation’s top domestic priority—fighting crime—while at the same

time fulfilling the commitment to a balanced budget made by the

Congress and the Administration in 1997. Over the past six years,

Congress has increased funding for the Department of Justice by

over $8.2 billion, representing a 50 percent increase in resources.

As a result, our communities are safer, there are more partnerships between Federal law enforcement officers and State and local

police officers, and violent criminals are serving longer sentences

and are not being released back into the community prematurely.

For fiscal year 2002, an additional $455,730,000 above fiscal year

2001 is recommended to address critical detention requirements to

house the Federal prisoner and criminal alien populations. The

Committee also recommends increases totaling $469,485,000 for

the Drug Enforcement Administration (DEA), the Federal Bureau

of Investigation (FBI), and the United States Attorneys (USA) to

maintain and enhance Federal law enforcement’s ability to fight

the war on violent crime and drugs, and provide new tools to investigate and prosecute new and emerging crimes in the information

technology age as well as threats to our national security. To address the continuing problem of illegal immigration, the Committee

recommends an increase of $197,064,000 for the Immigration and

Naturalization Service (INS) for new border patrol agents and increased detention and removal capacity, and continued funding to

maintain the interior enforcement initiative begun in fiscal year

1999. In addition, $565,000,000 is provided to reimburse States for

the incarceration of criminal aliens. The Committee has also inVerDate 11-MAY-2000 04:04 Jul 14, 2001 Jkt 089006 PO 00000 Frm 00008 Fmt 6659 Sfmt 6602 E:\HR\OC\HR139.000 pfrm02 PsN: HR139
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cluded $45,000,000 in additional funding to continue the naturalization backlog reduction initiative begun in fiscal year 1999. The Committee recommendation provides over $150,000,000 in

additional resources to enforce gun laws and distribute gun safety

locks. This includes $29,000,000 for Project Sentry, a Federal-State

law enforcement partnership to identify and prosecute juveniles

who violate firearms laws and adults who supply them with guns;

$49,780,000 to assist States in targeting gun crimes through increased arrests, prosecution, and public awareness; and

$75,000,000 for Project ChildSafe, a program to provide gun safety

locks for every handgun in America.

The recommendation continues to reflect the Committee’s commitment to empower our local communities to fight crime. Now is

not the time to reduce our support for proven crime prevention and

law enforcement programs that have achieved concrete results. The

recommendation includes $4,333,928,000 for all State and local law

enforcement assistance, which is $660,932,000 above the President’s request. This includes funding for the State Criminal Alien Assistance Program ($565,000,000); the Local Law Enforcement

Block Grant Program ($521,849,000); the Byrne Grant Program

($570,000,000); the Community Oriented Policing Services (COPS)

Program ($1,013,498,000); Violence Against Women Act (VAWA)

programs ($390,565,000); and the Juvenile Justice programs

($547,390,000), including $249,540,000 for the Juvenile Crime

Block Grant.

Despite all of the progress that has been made to improve Federal law enforcement, the Committee is also mindful of serious

problems that exist in some areas of the Department of Justice. To

address concerns that have arisen regarding the FBI and DEA, the

Committee directs that the Attorney General expand the authority

of the Inspector General (IG) to cover allegations of employee misconduct within the FBI and the DEA. The present Department of

Justice internal order confers this responsibility upon the FBI and

DEA Offices of Professional Responsibility (OPR). This system of

self-policing has not provided adequate oversight, and as a result,

a number of serious allegations at the FBI and the DEA have come

to light in recent months. These breaches of security, protocol, and

policy have tarnished the reputation of the world’s premier law enforcement agency and the world’s leading drug enforcement agency,

and have resulted in serious damage to the nation’s national security program. To address this issue, additional funding is provided

to the IG to support the expanded responsibilities being conferred

upon this office.

The Committee directs that the Attorney General review the role

of the Department of Justice, FBI and DEA OPRs, in light of the

Inspector General’s expanded role, to develop a plan to reduce or

reallocate resources to avoid unnecessary overlap and expenses.

The Committee expects that the fiscal year 2003 budget submission

will reflect any reductions and reallocations as a result of this review.

The Committee reiterates its desire to channel most of its inquiries and requests for information and assistance through the budget

offices or comptroller organizations, but reserves the right to call

upon all organizations throughout the agencies. The Committee

continues to stress the natural affinity between these offices and

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the appropriations committee, which makes such a relationship imperative.

GENERAL ADMINISTRATION

SALARIES AND EXPENSES

The Committee recommends a total of $91,668,000 for General

Administration for fiscal year 2002. This amount is $1,765,000

below the request and $3,150,000 above the level provided in fiscal

year 2001.

This account funds the development of policy objectives and the

overall management of the Department of Justice. The recommendation provides inflationary adjustments to maintain the

current operating level in fiscal year 2002. The recommended level does not include $1,000,000 for seven positions and workyears to manage the integration of the INS’s

IDENT system and the FBI’s IAFIS system. The FBI and INS

should continue to reimburse the Justice Management Division for

these positions.

The Committee recommends bill language, carried in previous

years, which (1) specifies the amount of funding provided for the

Department Leadership and Offices of Legislative and Public Affairs; and (2) makes up to $3,317,000 of this appropriation available until expended for the Departmental building, renovation,

maintenance, and security needs.

JOINT AUTOMATED BOOKING SYSTEM

The Committee recommends a total of $15,957,000 for the Joint

Automated Booking System (JABS), the same amount as requested

and $77,000 above the amount provided in fiscal year 2001. Funding is provided for program management support and maintenance

of the JABS production system.

The JABS will enable Department of Justice law enforcement

components—the Bureau of Prisons (BOP), FBI, DEA, INS and the

U.S. Marshals Service (USMS)—to build an automated booking capability using their respective infrastructures and to share information using the Department’s common information technology

platform.

NARROWBAND COMMUNICATIONS

The Committee recommends a direct appropriation of $104,615,000 for this account. This amount is $99,934,000 below

the current year level and $9,000 above the request. The Committee expects the Department to continue implementation of a

consolidated, regional, interagency Justice Wireless Network (JWN)

to meet components’ needs and to improve wireless capabilities, as

such an approach will enhance interoperability and reduce costs associated with narrowband conversion by up to $1,000,000,000.

Amounts provided will be used to continue implementation of the

JWN, operate and maintain legacy systems, expand the use of commercial services, and support the Wireless Management Office. It

is the Committee’s continued expectation that narrowband requirements can be accommodated without significant additional new resources. The Committee is concerned that the JWN does not have

a plan for implementation. Therefore, the Justice Wireless ManageVerDate 11-MAY-2000 04:04 Jul 14, 2001 Jkt 089006 PO 00000 Frm 00010 Fmt 6659 Sfmt 6602 E:\HR\OC\HR139.000 pfrm02 PsN: HR139
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ment Office is directed to submit an operational plan for expenditure of funds by October 1, 2001.

COUNTERTERRORISM FUND

The Committee recommends $4,989,000 for the Counterterrorism

Fund to cover the extraordinary costs associated with a terrorist

threat or incident. This level is the full amount requested and the

same level provided in fiscal year 2001. The recommendation, when

combined with the current unobligated balances from prior years,

will provide up to $46,066,000 in the Fund for fiscal year 2002.

The Counterterrorism Fund was established in the 1995 Supplemental Appropriations Act after the bombing of the Alfred P.

Murrah Federal Building in Oklahoma City, and is under the control and direction of the Attorney General. These funds may be

used to reimburse any Department of Justice organization for the

costs incurred from the reestablishment of an office or facility damaged or destroyed as a result of a domestic or international terrorist incident, and to cover extraordinary expenses necessary to

counter, investigate, or prosecute domestic or international terrorism activities. The Attorney General is required to notify the

Committees on Appropriations of the House of Representatives and

the Senate in accordance with section 605 of this Act prior to obligation of any funds from this account.

The Committee recommends bill language, carried in previous

Appropriations Acts, which makes funds available: (1) for costs incurred in reestablishing the operational capacity of an office or facility damaged or destroyed by a terrorist incident; and (2) for support to counter, investigate, or prosecute terrorism, including payments of rewards and detention costs in connection with these activities.

ADMINISTRATIVE REVIEW AND APPEALS

The Committee recommends $178,751,000 for Administrative Review and Appeals. This amount is an increase of $18,043,000 above

the fiscal year 2001 level and $252,000 above the request. Of the

total amount provided, $176,964,000 is for the Executive Office of

Immigration Review (EOIR), and $1,787,000 is for the Pardon Attorney.

In light of the recent Supreme Court ruling on the detention of

criminal aliens who have served their sentences, EOIR is directed

to submit a report to the Committee by September 14, 2001, addressing the impact of this ruling on the Department of Justice and

its components. The INS, BOP, USA, and other affected components of the Department are instructed to contribute to this report.

EOIR is directed to consult with the Committee prior to beginning

this effort.

This appropriation supports EOIR, which includes the Board of

Immigration Appeals, Immigration Judges, and Administrative

Law Judges who decide through administrative hearings on the admission or exclusion of aliens seeking to enter the country, and the

transportation and adjustment of status of aliens whose status has

been challenged; and the Office of the Pardon Attorney, which receives, investigates and considers petitions for all forms of Executive clemency.

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DETENTION TRUSTEE

The Committee recommends $1,721,000 for the Federal Detention Trustee within the Department of Justice. This amount is

$3,000 more than requested and $723,000 more than provided in

fiscal year 2001. Technical bill language changes are included to reflect that the Detention Trustee was established in the fiscal year

2001 Appropriations Act.

The Committee notes that as of June 27, 2001, a Detention

Trustee still has not been selected and urges the Attorney General

to promptly conclude the hiring process so that the detention problems noted by the Committee can begin to be sufficiently addressed.

In response to the Committee’s growing concerns about the problem of inadequate planning and management of detention space in

the Department of Justice, in fiscal year 2000, the Committee directed that the Attorney General submit recommendations on a Department-wide strategy to plan for and manage its detention needs.

As part of this effort, the Committee directed that the trustee establish two regional detention pilot projects, one along the Southwest border and one located in the Midwest. As directed in the fiscal year 2001 House report, the Detention Trustee should, at the

outset of these pilot projects, conduct a needs assessment of detention and detainee handling requirements, and baseline the present

efficiency and effectiveness of all aspects of detention and detainee

handling against subsequent process improvements. This initial

baseline report should also identify the specific operational areas of

detention that will be targeted, as well as the specific geographic

boundaries for the pilot. Additional elements of the pilot projects

should include: centralized management of Inter-governmental

Agreements under the detention trustee, prisoner transportation,

healthcare management, and Cooperative Agreement Program

grants. The Committee continues to intend that the trustee be

given control to direct the use of INS and USMS detention resources. The Committee expects the Department of Justice to consult with the Committee in the development of these pilot projects.

A baseline report should be submitted no later than December 5,

2001, and the completed assessment of the pilots one year later.

OFFICE OF INSPECTOR GENERAL

The Committee recommends $50,735,000 for the Office of Inspector General, which is $5,240,000 above the request and $9,251,000

above the level provided in fiscal year 2001.

The Office of Inspector General conducts and supervises audits

and investigations relating to the programs and operations of the

Department of Justice. The Inspector General keeps the Attorney

General and Congress informed about problems and deficiencies relating to the administration of such programs and activities.

The recommended level includes requested program increases to

address corruption and civil rights cases involving Departmental

employees along the Southwest border, and to cover increased

audit responsibilities in the computer security and information

technology arena, as well as Departmental contract and grant programs.

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The Committee recommendation includes $5,000,000 to expand

the Inspector General’s authorities in investigating allegations of

employee misconduct within the FBI and the DEA. Currently, this

responsibility is conferred upon the FBI and DEA internal offices

of professional responsibility. This system of self-policing has not

provided adequate oversight and, as a result, a number of serious

allegations of employee misconduct have been reported in recent

months. Additional funding is provided to the Office of Inspector

General to support the expanded responsibilities being conferred

upon this office.

UNITED STATES PAROLE COMMISSION

SALARIES AND EXPENSES

The Committee recommends $10,915,000 for the Parole Commission for fiscal year 2002. This level is $53,000 above the request

and $2,079,000 above the amount provided in fiscal year 2001.

The Commission is an independent body within the Department

of Justice that makes decisions regarding requests for parole and

supervision of Federal and District of Columbia (DC) Code prisoners. As a result of legislation that established sentencing guidelines, the Parole Commission is phasing down its Federal operations. Beginning in August 1998, the Commission assumed additional responsibilities by taking jurisdiction over D.C. felony prisoners and D.C. Code parolees.

When the D.C. Board of Parole went out of existence, the Commission inherited a parole revocation caseload with a significant

backlog of warrant requests and revocation hearings. Additional resources are necessary to address the serious deficiencies associated

with the D.C. parole program. The recommended level includes a

program increase of 37 positions, 19 workyears, and $1,648,000 to

continue the responsibility of making parole decisions for the District of Columbia Code prisoners.

LEGAL ACTIVITIES

GENERAL LEGAL ACTIVITIES

The Committee recommends a total of $568,011,000 for General

Legal Activities for fiscal year 2002, which is an increase of

$1,189,000 above the request and $33,419,000 above the amount

provided in fiscal year 2001.

This appropriation supports the Attorney General through the

establishment of litigation policy, conduct of litigation, and various

other legal responsibilities. The recommendation provides for adjustments to base totaling $27,558,000 and program increases totaling $5,861,000. The distribution of funding provided is as follows:

GENERAL LEGAL ACTIVITIES

[In thousands of dollars]

2002 recommendation

Solicitor General ................................................................................................................................................... $7,326

Tax Division .......................................................................................................................................................... 73,795

Criminal Division .................................................................................................................................................. 119,449

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GENERAL LEGAL ACTIVITIES—Continued

[In thousands of dollars]

2002 recommendation

Civil Division ........................................................................................................................................................ 161,107

Environment and Natural Resources ................................................................................................................... 71,687

Office of Legal Counsel ........................................................................................................................................ 5,199

Civil Rights Division ............................................................................................................................................. 101,957

Interpol-USNCB ..................................................................................................................................................... 8,323

Legal Activities Office Automation ....................................................................................................................... 18,835

Office of Dispute Resolution ................................................................................................................................ 333

Total ........................................................................................................................................................ 568,011

Criminal Division.—The recommendation includes an increase of

$2,497,000, 26 positions, and 14 workyears, including 16 attorneys,

for the Criminal Division to address cyber-terrorism, extradition

and foreign legal assistance, foreign counterintelligence, and building security issues. The recommended level does not include funding for new encryption software and communications equipment for

the Criminal Division. The Department of Justice should consider

funding this equipment through the unobligated balances transferred to the Working Capital Fund.

Civil Division.—The Committee recommends new bill language

to allow the Attorney General to provide additional resources for

the Civil Division, if emergent circumstances warrant increased resources, through transfers of funds from other Department of Justice programs, subject to the requirements of section 605 of this

Act.

Civil Rights Division.—The recommendation provides an increase

of $1,230,000, 18 positions, and 9 workyears, including 10 attorneys, for the Civil Rights Division to enforce voting rights, disability rights, and other civil rights policies.

The recommendation also provides an increase of $1,000,000, 10

positions, and 5 workyears, including 5 attorneys, to increase civil

and criminal investigations and prosecutions of facilities for individuals who are mentally ill and developmentally disabled, nursing

homes, juvenile correctional facilities, and adult jails and prisons.

Trafficking.—In addition to amounts noted above, $770,000, 12

positions, and 6 workyears, including 7 attorneys, are provided for

the Civil Rights Division to enforce the Victims of Trafficking and

Protection Act of 2000. These additional resources will increase the

prosecution of persons who violate the Act and support outreach to

local communities to promote awareness of the trafficking issue. An

estimated 1 to 2 million people are trafficked each year worldwide,

with women and children making up at least 700,000 of this total.

It is estimated that 45,000 to 50,000 women and children are trafficked into the United States annually by crime rings and loosely

connected criminal networks.

The Committee applauds the Department of Justice’s commitment to investigate and prosecute people who are accused of trafficking in humans, particularly women who are brought into this

country and then enslaved as prostitutes. The Committee believes

that the trafficking of humans is a criminal issue and should not

be distinguished as a worker exploitation issue. Therefore, the

Committee is concerned that these investigations and prosecutions

15

are being pursued under the Civil Rights Division, instead of the

Criminal Division. It is suggested that the Department of Justice

consider relocating these activities to the Criminal Division.

Interpol.—The recommendation provides an increase of $364,000

for Interpol-U.S. National Central Bureau (USNCB) to pay for increased dues.

The Committee also recommends bill language, similar to that

included in previous fiscal years, which: (1) allows up to $20,000

for expenses of collecting evidence; (2) makes up to $10,000,000 for

litigation support contracts available until expended; (3) makes up

to $18,835,000 for office automation systems available until expended, and includes language allowing funds to be used for additional Departmental components; and (4) makes up to $1,000 available to the INTERPOL–USNCB for reception and representation

expenses.

THE NATIONAL CHILDHOOD VACCINE INJURY ACT

The Committee recommends a reimbursement of $4,028,000 for

fiscal year 2002 from the Vaccine Injury Compensation Trust Fund

to cover the Department of Justice’s expenses associated with litigating cases under the National Childhood Vaccine Injury Act of

1986. This represents the full amount requested and $9,000 above

the level provided in fiscal year 2001.

SALARIES AND EXPENSES, ANTITRUST DIVISION

The Committee recommendation assumes a total of $141,366,000

in budget authority for the Antitrust Division, $393,000 above the

request and $20,528,000 above the current year appropriation. Of

this amount, $105,366,000 will be derived from anticipated fee collections in fiscal year 2002, and $36,000,000 will be derived from

available fiscal year 2001 collections, resulting in no net direct appropriation. The Committee notes that any use of remaining unobligated fee collections from prior years is subject to the reprogramming requirements outlined in section 605 of this Act.

This Division acts on antitrust cases before the Supreme Court,

represents the interests of the United States in cases brought

under Federal antitrust laws, reviews decisions of regulatory commissions, and prepares and files amicus briefs. Appropriations for

both the Division and the Federal Trade Commission are financed

with Hart-Scott-Rodino Act pre-merger filing fees.

The Committee’s recommendation provides an increase of

$13,799,000 and 113 positions and workyears for the civil merger

program. These additional resources will allow the Antitrust Division to review premerger filings within statutorily mandated time

frames.

The recommendation includes bill language for the Division, carried in previous fiscal years, which allows fees to be credited to this

account and reduces appropriated funds as fees are collected.

SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

The Committee recommends a total of $1,353,968,000 for the

U.S. Attorneys for fiscal year 2002. The total amount provided is

an increase of $7,679,000 above the request and $106,337,000

above the current year appropriation.

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This appropriation supports the Executive Office of U.S. Attorneys and the 94 U.S. Attorneys Offices, which serve as the principal litigators for the U.S. Government for criminal, civil, and debt

collection matters.

The recommendation includes a total of $93,185,000 for pay and inflationary adjustments and $13,152,000 in program increases.

Project Sentry.—The recommendation includes $9,000,000, 94 attorneys, and 40 workyears to establish a new Federal-State partnership that will identify and prosecute juveniles who violate State

and Federal firearms laws, and adults who illegally furnish firearms to them.

Cybercrime and Intellectual Property Enforcement.—The recommendation includes an increase of $2,948,000, 24 positions, and

12 workyears, including 18 attorneys, for a total program level of

$6,900,000, for the investigation and prosecution of intellectual

property crimes, including software counterfeiting crimes and

crimes identified in the No Electronic Theft (NET) Act. The U.S.

Attorneys are to vigorously prosecute these violations of Federal

copyright law. The U.S. Attorneys shall report to the Committee by

April 30, 2002, on the number of copyright prosecutions undertaken in the preceding year, including those under Public Law

105–147, by type and location.

Habeas Corpus Overload.—The recommendation includes

$1,204,000, 14 positions, and 7 workyears, including 9 attorneys, to

handle the immigration workload generated from an increase in

habeas corpus petitions filed by ‘‘post-order’’ detainees.

The Committee also recommends bill language, similar to that

included in previous fiscal years, which: (1) makes up to $2,500,000

for debt collection purposes available through fiscal year 2003; (2)

makes available up to $8,000 to be used for official reception and

representation expenses; (3) makes up to $10,000,000 for automated litigation support contracts available until expended; and (4)

specifies the number of positions and workyears provided for the

United States Attorneys.

UNITED STATES TRUSTEE SYSTEM FUND

The Committee recommendation provides a total of $145,937,000

for the U.S. Trustees for fiscal year 2002, to be entirely funded

from offsetting collections and interest on U.S. securities. The

amount recommended is $19,940,000 above the current level and

$8,107,000 below the request. The Committee notes that any

amounts collected or otherwise available in excess of the recommended level are subject to the reprogramming requirements

outlined in section 605 of this Act.

The U.S. Trustees System provides administrative support to expeditiously move bankruptcy cases through the bankruptcy process

and ensures accountability of private trustees appointed to administer bankruptcy estates and with regard to debtors. Public Law

99–554, the Bankruptcy Judges, U.S. Trustees, and Family Farmer

Bankruptcy Act of 1986, established a U.S. Trustee System Fund

in the U.S. Treasury and provided for the collection of fees into the

Fund to finance program operations.

The recommendation includes $9,003,000 for pay and inflationary adjustments and $10,937,000 for program increases, including:

17

Abuse Litigation.—The recommendation includes $4,615,000, 76

positions, and 38 workyears, including 24 attorneys, to identify the

number of debtors abusing the bankruptcy system. This initiative

will target those who file for Chapter 7 bankruptcy but may have

the income to sustain a Chapter 13 repayment plan.

Caseload Increase.—The recommendation provides an increase of $3,700,000, 55 positions, and 28 workyears, including 15 attorneys,

to process the significant increase in bankruptcy filings. The Department of Justice estimates that by 2002 filings will increase by

24 percent over 2001.

Automation.—The recommendation includes an increase of

$1,322,000 for automation hardware and software upgrades. The

recommendation does not include an additional $6,000,000 requested for various automation projects. The Department of Justice

should consider funding these projects through the unobligated balances transferred to the Working Capital Fund.

Bankruptcy Fraud.—The recommendation provides an increase of $1,000,000, 12 attorneys, and 6 workyears for a bankruptcy fraud

team that will assist the U.S. Attorneys and the FBI in investigating bankruptcy fraud.

Physical Security.—The recommendation includes an increase of

$300,000 to install 100 duress alarms in rooms where employees

meet with creditors and debtors.

The recommendation also includes bill language which: (1) allows

deposits to the U.S. Trustee System Fund to be used to pay refunds

due depositors; (2) allows $145,937,000 in offsetting collections to

be retained and used for necessary expenses in this appropriation;

and (3) reduces appropriated funds as such offsetting collections

are collected.

SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT COMMISSION

The Committee recommends $1,136,000 for the Foreign Claims Settlement Commission for fiscal year 2002. This amount is $6,000

above the request and $31,000 above the current year appropriation.

The Commission settles claims of American citizens arising out

of nationalization, expropriation, or other takings of their properties and interests by foreign governments.

SALARIES AND EXPENSES, UNITED STATES MARSHALS SERVICE

The Committee recommends $622,646,000 for the United States

Marshals Service (USMS) salaries and expenses for fiscal year

2002. This amount represents increases of $51,211,000 above the

level for fiscal year 2001 and $2,828,000 above the request.

The recommendation includes a net increase of $35,631,000 in

base adjustments, as follows: a $44,269,000 increase for pay and inflationary adjustments, partially offset by decreases of $8,638,000

for one-time equipment purchases and lease expirations. In addition, the recommendation provides program increases for the following:

Security at New and Expanded Courthouses.—An increase of

$9,394,000 is provided for security at new and expanded courthouses anticipated to open in 2002, including $3,625,000 for security staffing and $5,769,000 for equipment. This amount provides

the full amount requested for this activity based on the schedule

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for courthouse openings submitted in the budget. The Committee

notes that in previous years slippages have often occurred in this

schedule. Therefore, the Committee directs the USMS to provide

the Committee a revised schedule and spending plan for the use of

these funds no later than November 1, 2001. Should slippages

occur in the schedule, the Committee expects the revised plan to

devote these excess resources to address additional workload requirements, particularly along the Southwest Border.

D.C. Revitalization.—Additional funding of $2,728,000 is provided as requested to support the anticipated workload increases as

a result of the National Capital Revitalization and Self Government Act of 1997, and the mandated closure of the Lorton, VA,

prison complex by December 31, 2001.

Movement of U.S. Prisoners.—An increase of $3,458,000 is provided as requested to accommodate the estimated increase in prisoner air movements to 56,371, compared to 51,540 in fiscal year

2001. The use of the Joint Prisoner Alien Transportation System

(JPATS) continues to be a critical tool in the safe, efficient, and

cost-effective movement of USMS detainees and sentenced prisoners, prisoners that require medical attention, and high threat

prisoners requiring additional security.

The primary mission of the 94 U.S. Marshals offices is the protection of the Federal Judiciary, protection of witnesses, execution

of warrants and court orders, and the custody and transportation

of unsentenced prisoners.

The Committee also recommends bill language, similar to that

included in previous Appropriations Acts, which (1) allows for the

acquisition of motor vehicles for police-type use without regard to

the general purchase price limitation; (2) allows up to $6,000 to be

used for official reception and representation expenses; and (3)

makes up to $4,000,000 for development, implementation, maintenance and support, and training for an automated prisoner information system available until expended. In addition, language proposed for deletion is retained which specifies the number of positions and workyears provided for the USMS.

CONSTRUCTION, UNITED STATES MARSHALS SERVICE

The Committee recommendation includes $6,628,000 for USMS

construction, $11,460,000 below the amount of the current year appropriation and $7,000 above the request. This account was created

in fiscal year 1999 when responsibility for the construction of prisoner holding facilities for USMS was transferred from BOP. The

Committee expects USMS to use this funding to undertake renovation projects which address the highest priority security needs

identified.

FEDERAL PRISONER DETENTION

The Committee recommendation includes $724,682,000 for the

Federal Prisoner Detention account for fiscal year 2002, which is

$128,594,000 above the level provided in the current year appropriation and the full amount requested. Under this program, the

U.S. Marshals contract with State and local jails and private facilities to house unsentenced Federal prisoners for short periods of

time, usually before and during trial and while awaiting transfer

to Federal institutions after conviction.

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The recommendation includes the amount of funding necessary

to detain the current average population, adjusted for anticipated

increases in jail day costs, as well as to allow for additional growth

in the detainee population. This amount will enable the USMS to

house detainees for a total of 10,603,381 non-Federal jail days, an

11 percent increase over fiscal year 2001, and equates to an average non-Federal daily prisoner population of 29,050.

FEES AND EXPENSES OF WITNESSES

The Committee recommends $148,494,000 for Fees and Expenses

of Witnesses for fiscal year 2002, $22,921,000 above the amount

provided for the current year appropriation and $7,651,000 below

the request. This appropriation, which is considered mandatory for

scorekeeping purposes, provides for fees and expenses of witnesses

who appear on behalf of the Government in cases in which the

United States is a party, including fact and expert witnesses, mental competency examinations, and witness/informant protection.

Funds are also used to provide private counsel to pay certain legal

expenses of Federal employees.

The Committee also recommends bill language, included in previous Appropriations Acts, which allows: (1) up to $6,000,000 for

protected witness safesites; (2) up to $1,000,000 for the purchase

and maintenance of armored vehicles for prisoner transportation;

and (3) up to $5,000,000 that may be made available for installation and operation of a secure automated network.

SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE

The Committee recommends $9,269,000 for the Community Relations Service for fiscal year 2002, the same as the request and

$813,000 above the current year appropriation. This level will fund

pay and inflationary base adjustments. In addition, the recommendation includes a provision that allows the Attorney General

to transfer $1,000,000 from funds made available to the Department of Justice to this account, thereby allowing for a total funding

level of $10,269,000.

The Community Relations Service was established by Title X of

the Civil Rights Act of 1964 to provide assistance to communities

in resolving disagreements arising from discriminatory practices.

The Committee recommends bill language, identical to that included in previous years, which allows the Attorney General to provide additional resources for the Community Relations Service, if

emergent circumstances exist, through the transfer of funds from

other Department of Justice programs, and subject to the requirements of section 605 of this Act.

ASSETS FORFEITURE FUND

The Committee recommends $21,949,000 for the Assets Forfeiture Fund for fiscal year 2002, which is $1,000,000 below the

amount requested and the level provided in the current year appropriation.

This account provides funds for additional investigative expenses

of the FBI, DEA, INS and USMS, such as purchase of evidence,

equipping of conveyances, and investigative expenses leading to

seizure. Funds for these activities are provided from receipts in the

20

Assets Forfeiture Fund resulting from the forfeiture of assets. Expenses related to the management and disposal of assets are also

provided from these receipts in the Assets Forfeiture Fund by a

permanent indefinite appropriation.

RADIATION EXPOSURE COMPENSATION

ADMINISTRATIVE EXPENSES

The Committee recommends $1,996,000 for fiscal year 2002, the

full amount requested and the same level provided in the current

year appropriation, for the expenses of the Civil Division necessary

to handle claims and litigation arising from the Radiation Exposure

Compensation Act (RECA) of 1990, as amended.

This program was established to permit the payment of claims

to individuals exposed to radiation as a result of atmospheric nuclear tests and uranium mining in accordance with RECA.

PAYMENT TO THE RADIATION EXPOSURE COMPENSATION TRUST FUND

The Committee recommends $10,776,000 for fiscal year 2002, to

make payments to individuals who qualify under the Radiation Exposure Compensation Act. This is the same level as the request

and the current year appropriation.

The Committee also recommends bill language, identical to that

included last year, to limit compensation payments to claims covered by RECA as in effect on June 1, 2000.

The Committee is aware that over $200,000,000 is required in

fiscal year 2002 to cover approximately 1,767 awards. The Committee strongly encourages the Administration to work with the appropriate authorizing committees to develop other funding options

for the payment of these claims.

INTERAGENCY LAW ENFORCEMENT

INTERAGENCY CRIME AND DRUG ENFORCEMENT

The Committee recommends $340,189,000 for Interagency Crime

and Drug Enforcement for fiscal year 2002, an increase of

$15,008,000 above the current year appropriation and $2,083,000

above the request, to provide for inflationary increases for Department of Justice agencies’ participation in this program.

The Interagency Crime and Drug Enforcement (ICDE) program

was created in 1982 to ensure a coordinated, multi-agency approach to attacking and dismantling high-level drug enterprises.

Through its nine regional Task Forces, the ICDE program utilizes

the combined resources and expertise of its 11 Federal agency

members, in cooperation with State and local investigators and

prosecutors, to target and destroy major narcotics trafficking and

money laundering organizations. Amounts provided in the accompanying bill are to reimburse Department of Justice components

for their costs to participate in ICDE task forces; additional funding for non-Justice Department agencies’ participation in ICDE is

provided in other Appropriations Acts.

The recommendation includes funding for the DOJ components

as follows:

21

REIMBURSEMENTS BY AGENCY

FTE $(000)

DEA .......................................................................................................................................... 1,000 $112,073

FBI ............................................................................................................................................ 912 116,144

INS ........................................................................................................................................... 117 16,199

Marshals .................................................................................................................................. 13 2,098

US Attorneys ............................................................................................................................ 887 89,623

Criminal Division ..................................................................................................................... 6 851

Tax Division ............................................................................................................................. 14 1,441

Administrative Office ............................................................................................................... 12 1,760

Total ........................................................................................................................... 2,961 340,189

The Committee recommends bill language, similar to that included in previous Appropriations Acts, which: (1) allows for intergovernmental agreements with State and local law enforcement

agencies; (2) makes $50,000,000 available until expended; (3) allows funds to be used under existing authorities available to participating organizations; and (4) allows the Attorney General to reallocate unobligated balances among participating organizations,

subject to the reprogramming procedures described in Section 605

of this Act.

FEDERAL BUREAU OF INVESTIGATION

SALARIES AND EXPENSES

The Committee recommends total budget authority of

$3,491,073,000 for the FBI salaries and expenses account for fiscal

year 2002. This amount is $14,786,000 below the request and

$262,591,000 above the level provided for fiscal year 2001.

The Committee recommends an increase of $122,348,000 in adjustments to base. The Committee has provided the full amount for

base adjustments to support the FBI’s current staffing and operating level as reflected in the budget request.

The Committee is highly concerned about the recent and recurring problems plaguing the FBI, including the Hanssen espionage

case that went undetected by the FBI for at least 15 years; the

problems in turning over all the evidence in the McVeigh case; and

reports that an agent has been selling secret documents for more

than a year to criminal elements and defense attorneys. These severe lapses in security and procedure are particularly troubling,

given that this Committee has increased the FBI’s budget by more

than 32% since 1996. These increases have supported information

technology upgrades, more agents, and an expanded presence overseas.

The Committee notes that a number of reviews of the FBI are

underway, the latest of which is at the direction of the Attorney

General. The Committee commends the Attorney General for his

recent action directing that the Department’s Strategic Management Council conduct a comprehensive review of the FBI and submit recommendations for reform no later than January 1, 2002.

The Committee directs the Strategic Management Council to consult with the Appropriations Committee during its review. The

Committee believes that this review will enhance the institutional

integrity of the Bureau, and enhance the perception of uncomproVerDate 11-MAY-2000 04:04 Jul 14, 2001 Jkt 089006 PO 00000 Frm 00021 Fmt 6659 Sfmt 6602 E:\HR\OC\HR139.000 pfrm02 PsN: HR139
22

mising personal integrity of the employees of the world’s premier

law enforcement entity.

In order to provide on-going oversight, as set forth in the Inspector General report language and in the opening statement of this

report, the Office of the Inspector General will now have the authority to conduct investigations into allegations of employee misconduct within the FBI. The Committee fully supports the planned

revision to the Department’s internal directive issued by the Attorney General, and expects that the FBI will comply with the direction included in that internal order. This expanded authority will

enable the Department’s Inspector General to investigate allegations of employee misconduct within the FBI.

The Committee continues to be concerned with the FBI’s ability

to execute its budget within the funding levels appropriated by

Congress, and expects to be consulted if any problems should arise

in maintaining an adequate level of agents and other personnel

necessary to fulfilling the mission of the FBI. The Committee also

reminds the FBI that it is awaiting several outstanding reports,

and expects the FBI to take every opportunity to provide these reports to the Congress as quickly as possible.

The Committee requests that the new director, once confirmed,

submit a comprehensive budget and financial review of the FBI no

later than six months after being confirmed.

The Committee recommendation continues to include a provision

that identifies the funded position and FTE levels provided in the

bill. These staffing levels are consistent with full base funding requested and program increases provided in the Committee recommendation.

The following distribution represents the Committee recommendation:

FBI SALARIES AND EXPENSES

[In thousands of dollars]

Activity Pos. FTE Amount

Criminal, Security and Other Investigations:

Organized Criminal Enterprises ......................................................... 3,778 3,787 $467,246

White Collar Crime ............................................................................. 4,164 4,068 497,066

Other Field Programs ......................................................................... 10,362 10,130 1,449,170

Subtotal ......................................................................................... 18,304 17,985 2,413,482

Law Enforcement Support:

Training, Recruitment, and Applicants ............................................. 1,017 987 124,383

Forensic Services ............................................................................... 730 697 138,195

Information, Management, Automation & Telecommunications ....... 553 554 243,168

Technical Field Support & Services ................................................... 260 242 150,710

Criminal Justice Services ................................................................... 2,010 2,021 210,354

Subtotal ......................................................................................... 4,570 4,501 866,810

Program Direction: Management and Administration ................................ 2,061 2,002 210,781

Total, Direct Appropriations .......................................................... 24,935 24,488 $3,491,073

The Committee reminds the FBI that changes in this distribution

are subject to the reprogramming requirements in section 605 of

this Act.

23

The Committee recommends program increases totaling $140,243,000, as follows:

Trilogy.—Trilogy, the FBI’s information technology upgrade plan,

will be implemented at all field offices, the Quantico, VA facilities,

Clarksburg, WV, the FBI Headquarters building in Washington,

D.C., and all Legal Attache Offices. The recommendation for Trilogy includes an increase of $67,660,000, as requested, for the second year of this three-year implementation plan. When combined

with $100,700,000 in base and prior year funding, a total of

$168,360,000 will be available to continue this program in fiscal

year 2002. The Committee notes that the FBI submitted a revised

strategy for this initiative in September, 2000, and that this plan

was approved in that form by the Committee. The Bureau is again

directed to continue to provide quarterly status reports to the Committee on implementation of this plan, including funding obligations. Any proposed changes to the plan as agreed upon must be

reviewed with the Committee.

Information Technology Report.—As requested in fiscal year

2001, the Committee requests that the FBI provide an updated information technology report, to include: a complete listing of all information technology projects; the stage of each project’s development and deployment; base funding for each project, to include all

sources of funding; the fiscal year 2001 and 2002 funding level of

each project; and the outyear cost projections for each project, including recurring requirements for operations and maintenance of

these systems. This report is to be submitted no later than January

1, 2002.

Counterterrorism Initiative.—The recommendation includes

$24,082,000 in increases for FBI’s Counterterrorism needs, including $12,302,000 for the FBI’s participation in the 2002 Salt Lake City Winter Olympics and $11,780,000 for the FBI’s Incident Response Readiness program. The Committee directs the FBI to continue to coordinate its Counterterrorism activities with appropriate

local, State, Federal and foreign entities.

Cybercrime Initiative.—Increases of $17,224,000 are provided for

the FBI’s cybercrime activities. When combined with $91,398,000

in base resources, a total of $108,642,000 is available to the FBI

to address the growing threat of cybercrime. Funds are also provided under the U.S. Attorneys and other areas of this bill to address cybercrime. The Attorney General is directed to formulate a

coordinated approach to preventing, detecting, and successfully

prosecuting instances of cybercrime, and to submit a report by January 4, 2002, detailing its activities and successes in detecting and

prosecuting criminals involved in cybercrime. This report is to include an update on the FBI’s Innocent Images National Initiative,

the Internet Fraud Complaint Center, and cybercrimes involving

intellectual property rights.

Quantico, VA Laboratory Activation Costs.—The recommendation

assumes a transfer of $25,073,000 from the Working Capital Fund,

as requested, to meet one-time costs associated with the activation

of the FBI’s new lab at Quantico. Another $14,135,000 is provided

for costs associated with decommissioning the old lab in the FBI

headquarters building.

Counterintelligence Initiative.—The recommendation includes an

increase of $31,277,000, 182 positions, and 91 FTE, the full amount

24

requested, for a counterintelligence initiative to allow the FBI to

more effectively address foreign intelligence threats on an ongoing

basis.

The Committee is aware of the FBI’s efforts through the Jewelry

and Gem (JAG) program to establish multi-agency task forces to

address the increased incidents of violent crimes against jewelry

vendors, and encourages the FBI to continue to devote appropriate

resources to disrupting these criminal enterprises. The Committee

also encourages the Bureau to continue to make technological improvements in its audio intelligence and forensics capabilities.

The Committee also includes bill language, similar to that included in previous Appropriations Acts, which provides: (1) for purchase of not to exceed 1,236 passenger vehicles, of which 1,142 will

be for replacement only, without regard to general purchase price

limitations, and the acquisition and operation of aircraft; (2) up to

$70,000 for unforeseen emergencies; (3) up to $50,000,000 for automated data processing, telecommunications and technical equipment, and up to $1,000,000 for undercover operations to remain

available until September 30, 2003; (4) not less than $448,467,000

for counterterrorism investigations, foreign counterintelligence, and

national security activities; (5) up to $10,000,000 to reimburse

State and local police for assistance related to violent crime, terrorism and drug investigations; and (6) up to $45,000 for official reception and representation expenses. In addition, bill language is

included, as carried in prior fiscal years, setting forth certain authorities. Bill language is deleted as requested which prohibits

funds from being used to provide ballistics equipment to State or

local entities that have received similar equipment from other Federal agencies.

CONSTRUCTION

The Committee recommendation includes $1,250,000 for FBI construction, which is the same amount as requested and $15,400,000

below the current year appropriation.

DRUG ENFORCEMENT ADMINISTRATION

SALARIES AND EXPENSES

The Committee recommends total budget authority of

$1,543,083,000 for the DEA Salaries and Expenses account for fiscal year 2002, of which $67,000,000 is derived from the Diversion

Control Fund, resulting in a direct appropriation of $1,476,083,000.

The recommendation is $99,414,000 above the fiscal year 2001

level and $4,846,000 below the request.

The recommended level provides for a net increase of $68,213,000

for pay and inflationary costs to maintain the current operating

level. Of this amount, increases totaling $73,532,000 are provided,

offset by a reduction of $5,319,000 for General Services Administration rent decreases. Base adjustments include the total amount requested to adjust for the DEA rent ‘‘shortfall.’’ The Committee remains concerned that the DEA has opened a number of offices

around the country with no clear, standard criteria for opening offices, and is still awaiting the DEA’s criteria for opening new offices. DEA will recall that it received approval from the Committee,

after the fact, to open these offices and begin incurring rent costs,

25

and that this approval was predicated on the agreement that DEA

would develop and submit criteria for opening offices in the future.

To that end, the DEA is directed to submit, by July 30, 2001, their

criteria for when a new office opening is justified. The DEA is expected to consult with the Committee in developing these criteria.

Further, the Committee approves, with two minor modifications,

the FY 2001 reprogramming received in June 2001, which includes

a number of mostly technical corrections to DEA’s budget. The

Committee understands that the reprogramming will provide a

more accurate accounting of DEA’s present costs by decision unit,

and that the vast majority of the changes proposed in the reprogramming are simply administrative in nature, and that this reprogramming does not change what DEA employees do, or their organizational or geographic assignments. The Committee commends

the DEA for taking this step to accurately account for its funding,

and to address the Committee’s previously expressed concerns

about DEA’s inattention to its reprogramming and fiscal responsibilities.

In addition, the Committee recommends $47,560,000 for program

enhancements. The following table represents funding provided

under this account:

DEA SALARIES AND EXPENSES

[In thousands of dollars]

Activity Pos. FTE Amount

Enforcement:

Domestic Enforcement ....................................................................... 2,092 2,044 $429,401

Foreign Cooperative Investigations .................................................... 633 600 193,275

Drug and Chemical Diversion ............................................................ 165 165 18,961

State and Local Task Forces ............................................................. 1,699 1,696 244,385

Subtotal ......................................................................................... 4,589 4,505 886,022

Investigative Support:

Intelligence ......................................................................................... 952 968 119,719

Laboratory Services ............................................................................ 452 415 60,674

Training .............................................................................................. 99 98 24,754

RETO ................................................................................................... 587 567 121,870

ADP ..................................................................................................... 125 121 159,044

Subtotal ......................................................................................... 2,215 2,169 486,061

Management and Administration ............................................................... 850 841 104,000

Total, DEA ...................................................................................... 7,654 7,515 1,476,083

DEA is reminded that any deviation from the above distribution

is subject to the reprogramming requirements of section 605 of this

Act.

The Committee recommends the following program increases:

Special Operations Division.—The Committee recommends

$15,056,000, 62 positions and 32 FTE, including 13 special agents,

within Domestic Enforcement for the Special Operations Division

(SOD) to expand support for critical enhancements for drug enforcement investigations associated with the Southwest Border Initiative, Latin America, the Caribbean, Europe and Asia.

FIREBIRD Implementation.—FIREBIRD, DEA’s primary office

automation system, supports agency operations by providing critVerDate 11-MAY-2000 04:04 Jul 14, 2001 Jkt 089006 PO 00000 Frm 00025 Fmt 6659 Sfmt 6602 E:\HR\OC\HR139.000 pfrm02 PsN: HR139
26

ical investigative, operational and administrative tools to DEA personnel. To continue deployment and upgrades to DEA’s FIREBIRD

system, $19,400,000, 3 positions and 2 FTE are provided for FIREBIRD implementation. Of this amount, $2,500,000 is for deployment; $15,000,000 is for technology renewal; and $1,900,000 is for

network security. The DEA is directed to submit an updated implementation and maintenance plan to the Committee by December

14, 2001. The DEA is directed to consult with the Committee prior

to beginning this report.

Laboratory Operations.—The Committee recommends

$13,104,000, 69 positions and 35 FTE including 46 chemists, to

meet critical requirements within the Laboratory Services Program. The DEA is directed to submit a plan for distribution of this

funding by December 14, 2001.

In order to ensure that DEA does not exceed its funded staffing

level, the Committee recommendation continues to include a provision, as with the FBI and the INS, that identifies the funded position and FTE levels provided in the bill. These staffing levels are

consistent with full base funding requested and program increases

provided in the Committee recommendation.

Caribbean Initiative.—The Committee notes that significant additional resources have been provided to DEA, the FBI, and INS

since fiscal year 1997 to augment activities in Puerto Rico, the Caribbean, and South Florida. The Committee earlier directed the Attorney General to provide a report, in consultation with the Secretaries of Treasury and Transportation, to the Committee on the

status of the implementation of the enhancements that have been

provided in prior fiscal years and outline any additional requirements necessary to address the flow of drugs coming through the

Caribbean. The Committee directs that this report be submitted to

the Committee by January 31, 2002. The Committee also reminds

the DEA that it is awaiting several outstanding reports, and expects the DEA to take every opportunity to provide these reports

to the Congress as quickly as possible.

The Committee directs that DEA continue to provide quarterly

reports on the investigative workhours and funding, by type, within

major source and transit countries, including the Caribbean, delineated by country and function.

Methamphetamines.—The Committee is concerned with the

growing problem of Ecstasy and methamphetamine use in communities, particularly rural communities, throughout the United

States. The Committee does not feel that the Department of Justice

has developed an adequate, coordinated strategy to reduce and

eliminate the use of these highly addictive drugs. Therefore, the

Attorney General and DEA are directed to develop a coordinated

strategy to address this escalating problem, and submit a report to

the Committee no later than six months following the confirmation

of the new Administrator of DEA.

OxyContin.—The Committee is concerned with the recent flourish of abuse and illicit availability of the prescription drug

OxyContin throughout rural America, particularly in Southern and

Eastern Kentucky and Virginia. The Committee notes that over

100 confirmed OxyContin overdose deaths have occurred in Kentucky and Virginia alone within the last year, and that state and

local law enforcement agencies there are struggling with how to efVerDate 11-MAY-2000 04:04 Jul 14, 2001 Jkt 089006 PO 00000 Frm 00026 Fmt 6659 Sfmt 6602 E:\HR\OC\HR139.000 pfrm02 PsN: HR139
27

fectively combat this epidemic. Though the Committee commends

the DEA for their public awareness campaign, and their continued

outreach and negotiations with the manufacturer, the Committee is

disappointed with the lack of attention paid to assisting law enforcement agencies at the local level, and feels DEA should redouble their efforts in this regard. In addition, as with

methamphetamines and Ecstasy, the Committee is equally concerned that the Department has not implemented a coordinated

strategy to reduce the illegal use and distribution of this powerful

substance. Therefore, the Committee directs DEA to submit a report no later than November 1, 2001, which outlines a coordination

strategy and distribution of resources for tackling the OxyContin

problem, with particular attention to the unique circumstances facing rural law enforcement agencies throughout the country.

High Intensity Drug Trafficking Areas (HIDTA).—The Committee

expects DEA to continue its participation in the High Intensity

Drug Trafficking Areas, particularly those operating in the Midwest, to combat the influx of methamphetamines. Further, the

Committee expects DEA to continue its support of State and Local

Task Forces, and directs DEA to submit a report by January 4,

2002, outlining the successes of this program and suggesting areas

for improvement and greater coordination. The DEA is expected to

consult with its State and local partners in developing this report.

Drug Diversion Control Fee Account.—The recommendation includes $67,000,000 for DEA’s Drug Diversion Control Program for

fiscal year 2002, the full amount requested. The recommendation

provides an increase of $2,478,000 for adjustments to base. The recommendation assumes that the level of balances in the Fee Account are sufficient to fully support diversion control programs in

fiscal year 2002. As was the case in previous fiscal years, no funds

are provided in the DEA salaries and expenses appropriation for

this account in fiscal year 2002.

The Drug Diversion Control Program is responsible for control of

diversion, distribution, manufacture and abuse of legitimate pharmaceuticals. DEA annually registers in excess of 900,000 drug handlers, of which over 1,670 are manufacturers, distributors, importers, exporters, and others handling large volumes of controlled substances. These registrants pay fees, which fully support the cost of

this program.

The Committee also recommends bill language, similar to that

included in previous Appropriations Acts, which provides: (1) up to

$70,000 for unforeseen emergencies; (2) for expenses for drug education and training programs; (3) for purchase of passenger vehicles without regard to general purchase price limitations, and acquisition and operation of aircraft; (4) up to $1,800,000 for research

to remain available until expended; (5) up to $4,000,000 for evidence and information, up to $10,000,000 for automated data processing and telecommunications, up to $2,000,000 for laboratory

equipment, $4,000,000 for technical equipment, and $2,000,000 for

aircraft replacement parts to remain available until September 30,

2003; and (6) up to $50,000 for official reception and representation

expenses. In addition, language is continued which specifies the

number of positions and workyears provided to DEA.

28

CONSTRUCTION

The Committee directs the DEA to submit a report by December

14, 2001 on the status of laboratory construction and renovation

projects around the country.

IMMIGRATION AND NATURALIZATION SERVICE

The Committee recommends total new spending authority of $5,640,504,000 for the INS for fiscal year 2002. This includes a direct appropriation of $3,371,440,000 for salaries and expenses,

which is $252,441,000 above the fiscal year 2001 level and

$16,561,000 below the request. Also included in the total amount

provided for new spending authority is $2,140,610,000 in anticipated fee collections and estimated carryover, which is

$591,130,000 above the current year level and $146,669,000 above

the amount requested. For construction, $128,454,000 is provided,

which is $4,555,000 less than the amount provided in fiscal year

2001 and $44,000 above the request.

SALARIES AND EXPENSES

This year the Committee has once again devoted considerable resources to the INS. For this support, the Committee expects a return on investment that will be greater than what it has received

in the past from the INS. The Committee understands that it is the

intention of the Administration to submit legislation to reorganize

the INS. The Committee urges the Administration to submit this

legislation as soon as possible as reorganization of the INS remains

one of this Committee’s highest priorities.

The Committee is also concerned about how the INS is enforcing

Section 212 of the Immigration and Nationality Act of 1952, as

amended. This section pertains to the general classes of aliens ineligible to receive visas. The Committee is particularly concerned

with people who are granted entrance into the United States who

may have been foreign intelligence operatives against the United

States; who have been or are involved in trafficking in persons; or

who are foreign government officials who have engaged in particularly severe violations of human rights or religious freedom. The

INS, in cooperation with the State Department’s Bureau of Consular Affairs, is directed to submit a report by December 20, 2001,

describing its efforts to enforce the provisions of Section 212.

The Committee also reminds the INS that it is awaiting several

outstanding reports, and expects the INS to take every opportunity

to provide these reports to the Congress as quickly as possible.

Backlogs in Naturalization and Other Benefits Applications

Cases.—As in previous years, numerous Members of Congress and

their constituents continue to have complaints about the lack of attentiveness to their requests for better service and enforcement. As

a result, Members have requested either additional resources in

the nearest INS office, the opening of new INS offices to deal with

backlogs, or the upgrade of existing offices. Among the many complaints the Committee has received, Members have reported serious problems in the following areas: Northern Virginia; New York,

New York; Bronx, New York; Sioux City, Iowa; Nashville, Tennessee; and Northern New Jersey. Many Members of Congress report that their district offices serve as ‘‘satellite’’ INS offices. This

29

situation is unacceptable and will not be tolerated any longer. The

Committee continues to believe that additional resources or upgrading additional offices will not provide relief from poor service,

lack of enforcement and mismanagement, and that management

improvements need to be made immediately.

Enforcement and Border Affairs.—The Committee recommends

$2,738,517,000 for Enforcement and Border Affairs. The account

provides for activities related to inspections, border patrol, investigations, detention and deportation, and intelligence. This amount

is $1,176,000 above the request and $197,064,000 above the fiscal

year 2001 level. Of this amount, a net increase of $87,824,000 is

provided for adjustments to base. Program increases are described

below.

Border Patrol Agents.—To continue to ensure a safe and secure

border, $66,352,000, 570 positions and 143 FTE are included for

new border patrol agents. Should the INS be unable to hire up to

the full amount, the INS is directed to consult with the Committee

to determine how to reallocate funding provided for these additional 570 Border Patrol agents. The INS is reminded of the reprogramming obligations as set forth under Section 605 of this Act.

While some increased level of border control is being witnessed on

parts of the Southwest Border, namely in San Diego, as a result

of the doubling of border patrol agents and technology in this region, the problem has shifted to other areas along the Southwest

Border. In addition, the Committee remains concerned about the

continued problem along the Northern Border. The Committee expects INS to submit a deployment plan to the Committee for the

new agents provided, and expects the plan to pay particular attention to the needs along the Northern Border and areas along the

Southwest Border experiencing the influx of illegal aliens due to

operations along other parts of the border. The INS is also directed

to provide the Committee with quarterly status reports on border

patrol hiring, with the first such report due no later than January

15, 2002.

Quick Response Teams (QRTs).—In addition to this funding for

border enforcement needs, the Committee is providing an additional $3,500,000 to establish three QRTs in New Jersey. The INS

is directed to consult with the Committee regarding the establishment of these task forces. The Committee notes that from October

through December 2000, the INS received 2,532 requests for assistance from state and local law enforcement, the largest number of

requests received by the QRTs in any given quarter to date. In addition, these QRTs made 2,246 arrests and 1,214 of those arrested

were voluntarily returned to their countries of citizenship. Further,

the average response time was less then three hours. The INS is

directed to continue submitting its quarterly reports on the status

of QRT response rates and apprehensions.

The Committee recommendation continues to provide

$30,737,000 of base resources for information resource management for border patrol equipment and technology. Of this amount,

the Committee recommendation assumes no more than $5,000,000

for procurement of additional infrared night vision scopes and other

equipment needs normally funded under this account.

The Committee is extremely frustrated and disappointed with

the INS lack of responsiveness to Congress, especially as it relates

30

to the Tucson Border Patrol Sector in Arizona. The illegal immigration problem in the Tucson Sector is severe and demands immediate attention. As a result of the INS failing to comply or give

proper explanation of numerous matters in the Tucson Sector, the

Committee is requiring that the INS provide monthly expenditure

reports from the Tucson Sector in order to allow more thorough

oversight of the activities in this sector. The INS is directed to consult with the Committee to determine the expenditures that will be

included in these reports. Further, the Committee is concerned

with INS compliance with bill language that has been included for

the last three fiscal years prohibiting the Tucson Sector from using

funding to establish a permanent checkpoint. Bill language states

that no funds shall be available for the site acquisition, design, or

construction of any Border Patrol checkpoint in the Tucson sector.

The INS is reminded that it must not operate a checkpoint at the

same location for seven consecutive days during a 14 day period in

the Tucson Sector. The Committee also directs the Tucson Sector

to implement the negotiations that were directed to be completed

last year to relocate Tucson Sector helicopter operations to Sierra

Vista, Arizona.

The Committee continues bill language carried in previous Acts

requiring that the San Clemente and Temecula checkpoints be fully

operational on a continuous 24-hour basis.

Detention and Removals.—To support additional detention beds

requested under the Breached Bond/Detention Fund, $20,309,000

and 116 positions are provided for additional staffing. Another

$1,873,000 is provided for 40 additional vans and 7 buses for transportation of detainees. To accommodate expected increases in detainee transportation needs, $8,796,000 is provided for additional

JPATS movements. In addition, $8,672,000 is provided for additional costs associated with providing medical care to detainees. Finally, $2,653,000 is provided to enable the INS legal proceedings

program to assist the U.S. Attorney’s Office and the Office of Immigration Litigation in immigration-related matters arising in Federal courts.

IDENT/IAFIS.—The Committee recommendation assumes

$27,000,000 from the Working Capital Fund for continued deployment and integration needs of the IDENT/IAFIS systems. This

funding will provide for the continued development and deployment

of the ten-print workstation and a ten-print fingerprint file within

IAFIS to support INS apprehension data; and the planning and design of the interface between INS’ Enforcement Case Tracking System (ENFORCE) and the integrated IDENT/IAFIS system. The

Committee directs the Justice Management Division (JMD) to consult with the Committee prior to the obligation of any of these

funds. The Committee expects JMD to continue managing this program and directs the Department to report on the progress of this

planned intergration.

Citizenship and Benefits, Immigration Support and Program Resources.—The Committee recommends $632,923,000, which is

$55,377,000 above the current fiscal year and $17,737,000 below

the request. Of this amount, $7,462,000 is provided for adjustments

to base as requested. In addition, the recommendation includes an

increase of $45,000,000 as requested, plus $35,000,000 in base

31

funds and $20,000,000 in fees, to continue the naturalization and

other applications backlog reduction initiative.

The Committee has provided significant resources to the INS

over the last three years—over $517 million—to address the naturalization backlog and to improve the integrity of the naturalization process, based upon INS’ representation that it would achieve

certain results. This funding is in addition to the fees that the INS

collects to process immigration applications. Despite the Committee’s continued concerns, once again the recommendation provides

additional resources to the INS to address both the naturalization

backlog and other immigration benefits applications backlogs. The

Committee expects the INS to improve the services as promised,

and directs the INS to continue to provide monthly reports to the

Committee on the status of processing of naturalization, adjustment of status, and all other immigration benefits applications. Finally, the INS is asked to undertake as many naturalization ceremonies as possible on or near the 4th of July.

OFFSETTING FEE COLLECTIONS

The Committee recommendation assumes a total of

$2,140,610,000 in offsetting fee collections, an increase of

$591,130,000 from the current year and $146,669,000 above the request, to support activities related to the legal admission of persons

into the United States. These activities are supported primarily by

fees paid by persons who are either traveling internationally or applying for immigration benefits. The Committee notes that the fiscal year 2002 budget request proposed new or expanded fees to

support a number of initiatives, including an increase in the fee

charged certain airline passengers, and the lifting of the fee exemption for cruise ship passengers. The Committee adopts the recommendation for increasing the current airline passenger user fee

from $6 to $7, and for lifting the current cruise ship fee exemption

and charging $3 per passenger. The following levels are recommended:

Immigration Inspections User Fees.—Increases recommended

under this account will be supported from the requested changes

in the current fee structure. The Committee notes that a number

of airports around the country are short of inspections personnel

and expects that this fee increase will enable the INS to meet increasing staffing demands and meet the mandated 45 minute inspection timeframe at all airports. The Committee notes that the

INS is about to undertake a study on the user fee program; prior

to beginning this study or obligating any funds, the INS is directed

to consult with the Committee. The Committee recommendation assumes $591,866,000 of spending from offsetting collections in this

account, an increase of $97,482,000 above fiscal year 2001 and the

same amount requested. For airport inspections, the recommendation includes adjustments to base as requested, plus 283 positions

and 142 workyears for additional Immigration Inspectors at new

and renovated airport terminals, as well as at high growth airports. The INS is expected to consult with the Committee prior to

the deployment of these new positions. Other increases provided

under this account include $4,510,000, 60 positions and 30

workyears for additional inspectors to enable the INS to analyze

traveler information in advance of plane arrivals; $4,144,000 for

32

additional inspection assistants and clerks to perform ancillary inspection functions at medium and large airports; $6,512,000, 15 positions and 8 workyears for 7 detention enforcement officers, 3 deportation officers, 5 docket clerks, and 200 additional detention

beds; and $14,370,000 to begin implementation of an automated

entry/exit system at airports as mandated in the INS Data Management Improvement Act of 2000. This Act requires the development of an integrated entry and exit data system that would use

available data to record alien arrivals and departures in an electronic format. Another $6,425,000 is provided for the National

Automated Lookout System, an expansion of the Inspections Traveler Examination, and for purchase of additional Live Scan Devices

that will send electronic fingerprint submissions to the FBI’s Integrated Automated Fingerprint Identification System. Prior to the

obligation of any of these additional funds, the INS is directed to

submit a complete and detailed implementation plan for how these

funds will be used. An additional $6,300,000 is also provided from

increased fees to improve the Carrier Consultant Program. The

INS is directed to ensure that its fee working group be consulted

in the development of this enhanced program. To provide INS with

adequate resources to address the expected increase in international travel as a result of the 2002 Salt Lake City Winter Olympics, $1,000,000 is provided for overtime and other needs associated

with this event. For seaport inspections, $4,153,000 is provided for

54 positions and 27 workyears for additional inspectors. Another

$2,273,000 is provided for passenger analysis units to analyze passengers in advance to identify inadmissible aliens. As for airport

inspections, this allowance provides $1,069,000 for 25 positions and

12 workyears for additional inspection assistants. This increase

will enable inspectors to devote their time exclusively to conducting

inspections. Finally, $5,545,000 is provided for information technology initiatives. As in the airport inspection program, the INS is

directed to consult with its fee user group to develop an implementation strategy for these technology programs prior to the obligation of any of these funds. The Committee notes that the INS must

partner with the affected industries in order to ensure that these

investments are used in a manner so as to achieve the highest return on investment.

Immigration Examinations Fees.—The Committee recommendation assumes $1,376,871,000 to support the adjudication of applications for immigration benefits to be derived from fees collected from

persons applying for immigration benefits. This represents an increase of $407,020,000 above fiscal year 2001 spending on these activities and $118,783,000 above the request. This amount represents the expected increases from the Legal Immigration Family

Equity Act (LIFE Act), Public Law 106–553, and the LIFE Act

Amendments, Public Law 106–554, including extension of section

245(i) of the Immigration and Nationality Act. INS estimates that

an additional 2,300,000 applications/petitions will be filed under

the LIFE Act in fiscal year 2001, and upwards of 1,200,000 will be

filed in fiscal year 2002. These amounts are in addition to the nearly 6,000,000 applications/petitions filed in fiscal year 2000. This

funding, in addition to the funding provided in direct appropriations, will enable the INS to attain a six-month processing time in

less than five years. The INS is also expected to provide no less

33

than $43,000,000 for the telephone customer service center and no

less than $7,200,000 for the indexing and conversion of INS microfilm images.

Land Border Inspections Fees.—The Committee recommendation

assumes $2,944,000 in spending from the Land Border Inspection

Fund, an increase of $1,274,000 above the current year and

$1,230,000 above the request. The current revenues generated in

this account are from Dedicated Commuter Lanes in Blaine and

Port Roberts, Washington; Detroit Tunnel and Ambassador Bridge,

Michigan; and Otay Mesa, California; and Automated Permit Ports

which provide pre-screened local border residents border crossing

privileges by means of automated inspections.

Breached Bond/Detention Fund.—The recommendation assumes

$139,935,000 in spending for detention of illegal aliens from the

Immigration Breached Bond/Detention Fund in fiscal year 2002, an

increase of $59,335,000 above the fiscal year 2001 level and

$19,172,000 above the request. The allowance assumes increased

receipts resulting from the temporary reinstatement of section

245(i). Of these increased receipts, $38,517,000 will be used to fund

an additional 1,407 detention beds, and another $1,483,000 will

fund vehicles to transport the increased number of detainees. Carryover balances from 245(i) fees collected in prior years remain in

this account for expenditure in fiscal year 2002.

Resources available in this Fund are derived from the recovery of breached cash and surety bonds in excess of $8,000,000, which

are deposited in the Fund as offsetting collections. In addition, resources are also available in this account from a portion of fees

charged under section 245(i) of the Immigration and Nationality

Act, which initially expired on January 14, 1998.

H–1B Fees.—The recommendation includes $16,000,000 to process H–1B visas. This amount assumes the proposed spending in- crease of $13,192,000 in this account as a result of Public Law 106– 313, the American Competitiveness in the 21st Century Act of 2000

and fiscal year 2000 carryover. The H–1B is a temporary visa category for non-immigrant, highly skilled workers. The Committee

understands that the increased revenues in this account will be

used to hire term employees, to augment the Service Center’s overtime budgets, and to provide enhancements and improvements to

the Computer Linked Application Information Management System, or CLAIMS 3.

Other.—The Committee has again included provisions that limit

the level of staffing for the INS Offices of Congressional and Public

Affairs. This limitation is not to affect the level of staffing dedicated to casework. In addition, the recommendation continues the

limitation on the number of non-career employees at not to exceed

four employees.

The Committee also recommends bill language, similar to that

included in previous Appropriations Acts, which provides: (1) up to

$50,000 to meet unforeseen emergencies of a confidential nature;

(2) for the purchase of motor vehicles for police-type use and for

uniforms, without regard to general purchase price limitations; (3)

for the acquisition and operation of aircraft; (4) for research up to

$400,000 to be available until expended; (5) up to $10,000,000 for

basic officer training; (6) up to $5,000,000 for payments to State

and local law enforcement agencies engaged in cooperative activiVerDate 11-MAY-2000 04:04 Jul 14, 2001 Jkt 089006 PO 00000 Frm 00033 Fmt 6659 Sfmt 6602 E:\HR\OC\HR139.000 pfrm02 PsN: HR139
34

ties related to immigration; (7) up to $5,000,000 to fund or reimburse other Federal agencies for costs associated with the repatriation of smuggled aliens; (8) that up to $30,000 may be paid to individual employees for overtime; (9) up to $5,000 to be used for official reception and representation expenses; (10) that funds in this

Act or any other Act may not 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; (11) a limit on the level of funding for the Office of Legislative and Public Affairs; (12) a limit on the amount of funding

available for non-career positions; (13) direction and authorization

for the Attorney General to impose disciplinary actions, including

termination of employment, for any INS employee who violates Department policies and procedures relative to granting citizenship or

who willfully deceives the Congress or Department leadership on

any matter; and (14) separate headings for Enforcement and Border Affairs and Citizenship and Benefits, Immigration Support,

and Program Direction. In addition, bill language is included under

both headings which specifies the number of positions and FTE

available to the INS.

CONSTRUCTION

The Committee recommends $128,454,000 for Construction

projects for the Immigration and Naturalization Service for fiscal

year 2002, which is $44,000 above the request and $4,555,000

below the amount provided in fiscal year 2001.

Border Control Construction.—Of the amount recommended,

$42,728,000 is for planning and construction of the following border

patrol facilities to meet space requirements for additional agents on

the Southwest Border:

Full Construction Projects:

Temecula, CA, Border Patrol Station ........................................... $6,000,000

El Centro, CA, Border Patrol Station ........................................... 6,050,000

Chula Vista, CA, Border Patrol Station ....................................... 9,033,000

Yuma, AZ, Border Sector Headquarters ....................................... 2,000,000

Alpine, TX, Border Patrol Station ................................................. 2,692,000

Laredo, TX, Checkpoint System .................................................... 7,028,000

Brownfield, CA, Lead Mitigation .................................................. 3,925,000

San Diego, CA, Border Barriers .................................................... 3,000,000

Southwest Border Infrastructure .................................................. 3,000,000

The Committee directs that a portion of the funding provided for

Southwest Border Infrastructure repairs be directed to the Tucson

Sector Border Patrol to repair or replace rural fences along the

Mexico/Arizona border. The INS is directed to consult with the

Committee prior to beginning this effort, and to provide a report

to the Committee by December 15, 2001, on the status of repairing

and replacing fences in this area.

Detention Facility Construction.—Of the amount recommended,

$31,890,000 is for planning and construction of additional bed

space, to address expansion requirements at existing facilities, as

follows:

Port Isabel, TX, Service Processing Center ......................................... $7,000,000

Krome, FL, Service Processing Center ................................................ 14,890,000

El Centro, CA, Service Processing Center ........................................... 3,000,000

El Paso, TX, Service Processing Center ............................................... 7,000,000

35

FEDERAL PRISON SYSTEM

SALARIES AND EXPENSES

The Committee recommends a fiscal year 2002 appropriation of $3,830,971,000 for the salaries and expenses of the Federal Prison

System, which is $1,534,000 more than requested and $361,799,000

above the current fiscal year. When combined with $15,000,000 of

projected carry over from fiscal year 2001, this will provide an operating level of $3,845,971,000.

The Committee recommendation recognizes the critical importance of providing adequate space for the incarceration of sentenced and unsentenced Federal prisoners, and the need to activate

newly constructed prison facilities. The recommendation provides

for requested adjustments to base, including the annualization

costs of new prisons activated and additional contract services provided in the fiscal year 2001 appropriation.

Activation of New Prisons.—The Committee includes funding for

the activation of new facilities at the medium security facility in

Petersburg, VA and the high security prison in Lee County, VA.

Also provided is funding for equipment needed for the Glenville,

WV Federal Correctional Institution (FCI) and the Canaan, PA

United States Prison (USP).

The Committee has been made aware that the Youngstown, OH

private prison facility may be able to fulfill some of the needs of

the Bureau of Prisons in housing medium security inmates. The

Committee directs the Bureau of Prisons (BOP) to conduct a review

and submit a report to the Committee on the estimated cost to purchase the facility, and include an estimate on the cost to redesign

the facility in order to fulfill the needs of housing medium security

inmates. The report is to include estimates on the number of personnel and associated costs necessary to staff the facility. The BOP

should compare the potential costs of running this facility with

other BOP medium security facilities. This report is to be submitted to the Committee by September 10, 2001. The recommendation also includes $18,913,000 for an additional

1,500 contract confinement beds to house criminal aliens, and another $38,530,000 for 1,499 additional contract confinement beds to

house the general inmate population.

The Committee also supports the expansion of the drug treatment program as requested, as studies have shown that increases

in treatment and other such rehabilitative programs can reduce recidivism rates. In addition, the Committee supports the request to

establish a multi-faith based prison pre-release pilot program. The

Committee directs that a fifth pilot be added, and that it be located

at the Petersburg, VA facility. The Committee directs that the Bureau of Prisons, in conjunction with the Attorney General and the

Office of Justice Programs, submit a report by April 1, 2002, assessing the implementation of this program. The BOP, in establishing these pilots, should build in baseline measures so as to enable the Department to assess the impact of this program on future

recidivism rates.

The Committee also recommends bill language, similar to that

included in previous Appropriations Acts, which provides: (1) for

the purchase of motor vehicles for police-type use; (2) for the provision of technical advice to foreign governments; (3) for transfer of

36

funds to the Health Resources and Services Administration; (4) for

the Director to enter into contracts to furnish health care; (5) up

to $6,000 for reception and representation expenses; (6) up to

$20,000,000 for contract confinement expenses for the care and security of Cuban and Haitian entrants; and (7) for the Federal Prison System to enter into contracts and other agreements with private entities for multi-year periods for the confinement of Federal

prisoners. The Committee also includes a proposed change in the

number of new and replacement automobile purchases, and includes language, as requested, designating an amount to remain

available for two years.

BUILDINGS AND FACILITIES

The Committee recommends $813,552,000 for fiscal year 2002 for

the construction, modernization, maintenance and repair of prison

and detention facilities housing Federal prisoners, which is

$19,721,000 below the request and $20,270,000 below the current

fiscal year. The amount provided includes the full request for adjustments to base.

The recommendation provides $630,047,000 as requested for facilities with prior funding:

[in thousands of dollars]

USP Western .......................................................................................... $147,000

USP South East/Coleman, FL .............................................................. 133,000

FCI South East/SC ................................................................................ 106,000

FCI Mid Atlantic .................................................................................... 91,047

USP Western .......................................................................................... 11,500

FCI Butner, NC ..................................................................................... 11,500

USP Terre Haute, IN ............................................................................ 130,000

The Committee also provides $20,000,000 for site and planning

for new facilities requested in the budget, including:

Northern Florida (female facility) ........................................................ $5,000

FCI North Central (female facility) ...................................................... 5,000

FCI South Central ................................................................................. 5,000

USP North East/Northern Mid Atlantic .............................................. 5,000

The Bureau is expected to consult with the Committee with respect to the siting and planning of these facilities.

The Committee also recommends bill language, similar to that

included in previous Appropriations Acts, which allows: (1) for

planning, acquisition of sites, and construction of facilities; (2) for

leasing a facility in Oklahoma City; (3) for acquisition, remodeling,

and equipping facilities by contract or force account; (4) up to

$14,000,000 to construct inmate work areas; (5) for use of prisoner

labor; and (6) up to 10 percent of this appropriation to be transferred to the salaries and expenses account.

FEDERAL PRISON INDUSTRIES, INCORPORATED

(LIMITATION ON ADMINISTRATIVE EXPENSES)

The Committee recommends a limitation on administrative expenses of $3,429,000 for Federal Prison Industries, Incorporated,

for fiscal year 2002, which is $8,000 above the current limitation

and equal to the request.

37

OFFICE OF JUSTICE PROGRAMS

The Committee recommends a total of $4,333,928,000 in new

budget authority for fiscal year 2002 for the various law enforcement assistance programs, juvenile delinquency prevention programs, and research and statistics programs of the Office of Justice

Programs (OJP). This amount is $660,932,000 above the request

and $323,569,000 below the current year appropriation. Included in

these amounts are funds for programs providing assistance to State

and local entities, such as the Local Law Enforcement Block Grant

program, the State Criminal Alien Assistance Program, the Violence Against Women Grant program, the Byrne Grant program,

the Weed and Seed program, Juvenile Justice and Delinquency

Prevention programs, and Victims of Child Abuse programs.

JUSTICE ASSISTANCE

The Committee recommends $408,371,000 in direct appropriations for the Justice Assistance program for fiscal year 2002, which

is $694,000 above the request and $8,928,000 below the current

year appropriation.

The Justice Assistance program provides assistance to States and

localities in the form of research, evaluation, statistics, information

sharing, emergency assistance, missing children assistance, and

the management and administration of all grants provided through

the Office of Justice Programs. The distribution of funding provided

is as follows:

JUSTICE ASSISTANCE

[In thousands of dollars]

2002

recommendation

National Institute of Justice ................................................................................................................................. $54,879

Bureau of Justice Statistics ................................................................................................................................. 32,335

Missing Children .................................................................................................................................................. 22,997

Regional Information Sharing System ................................................................................................................. 24,945

White Collar Crime Information Center ................................................................................................................ 9,230

Counterterrorism Programs .................................................................................................................................. 220,494

Management and Administration ......................................................................................................................... 43,491

Total ........................................................................................................................................................ 408,371

National Institute of Justice.—The Committee recommendation

provides $54,879,000 for the National Institute of Justice (NIJ) for

fiscal year 2002, which is the same as the request and $14,967,000

below the current year appropriation.

NIJ is the nation’s primary source of research and development

in the field of criminal justice. NIJ fosters innovation in law enforcement technologies and practices, investigative causes and patterns of crime, and informs the public of research and development

findings. Within the total funding level provided to NIJ for fiscal

year 2002, the following initiatives should continue to be funded: —National Law Enforcement and Corrections Technology

Center system, a network of facilities and capabilities that converts non-lethal defense technology to law enforcement use.

The system also provides actual casework assistance when

highly specialized technologies are required, as well as help in

identifying and locating high quality technologies and equipVerDate 11-MAY-2000 04:04 Jul 14, 2001 Jkt 089006 PO 00000 Frm 00037 Fmt 6659 Sfmt 6602 E:\HR\OC\HR139.000 pfrm02 PsN: HR139
38

ment for law enforcement use. The current year level is provided for the technology commercialization initiative at the National Technology Transfer Center and for the Center for Rural

Law Enforcement Technology and Training. —DNA Technology Research and Development, a program to

develop highly accurate, reliable, economic, quick, and acceptable DNA testing approaches. —Facial Recognition, a project to locate and identify missing

and exploited children, eradicate child pornography from the

Internet, and conduct subject identification from video images

in support of law enforcement agencies. —High Intensity Drug Trafficking Areas, a project to develop

information technology applications for these areas. —Kitsap County Medical Examiner’s Office, a grant to assist

in the development of a new death investigation module for the

FBI’s ViCAP system.

Bureau of Justice Statistics.—The Committee recommendation

provides $32,335,000 for the Bureau of Justice Statistics for fiscal

year 2002, which is the same as the request and $3,643,000 above

the current year appropriation. The Bureau of Justice Statistics is

responsible for the collection, analysis, and publication of statistical

information on crime, criminal offenders, victims of crime, and the

operations of the Nation’s justice systems. The recommendation includes program increases of $1,500,000 to

fund three statistical studies—traffic stops by police, deaths in law

enforcement custody, and victimization of the disabled—and the

conversion to automated data collection for the National Crime Victimization Survey.

Missing Children.—The Committee recommendation provides $22,997,000 for the Missing Children Program for fiscal year 2002,

which is the same level as the request and the current year appropriation. This program provides funds to combat crimes against

children, particularly kidnapping and sexual exploitation.

Within amounts provided, OJP should continue to support the

National Center for Missing and Exploited Children and the Jimmy

Ryce Law Enforcement Training Center. The Committee also directs OJP, working with the National Center for Missing and Exploited Children, to report to the Committee by September 4, 2001,

on how other existing technologies for locating missing children can

be integrated with the Center’s activities.

The Committee is supportive of the Internet Crimes Against

Children Task Force Program, which assists State and local law

enforcement agencies to acquire the necessary knowledge, equipment, and personnel resources to prevent, interdict, or investigate

child sexual exploitation on the Internet.

Regional Information Sharing System.—The Committee recommendation provides $24,945,000 for fiscal year 2002 for the Regional Information Sharing System (RISS), which is the same as

the amount provided in the current year appropriation under this

account and the full amount requested. The RISS program provides

funds to maintain six regionally-based information sharing centers

throughout the United States, which are connected electronically to

form a nationwide network to allow for the automated exchange of

information between law enforcement entities addressing major,

multi-jurisdictional crimes.

39

White Collar Crime Information Center.—The Committee recommends a total of $9,230,000 for the National White Collar Crime

Center for fiscal year 2002, which is equal to the current year appropriation and the request. This program provides assistance to

State and local law enforcement and regulatory agencies in addressing multi-jurisdictional white collar crimes.

Counterterrorism Program.—The Committee recommends a total

of $220,494,000 for the counterterrorism program, which is the

same as the request and the current year appropriation. This program prepares, equips, and trains State and local entities to respond to incidents of chemical, biological, radiological, and other incidents of domestic terrorism.

The Committee understands that OJP is currently collecting

State-wide Domestic Preparedness Strategic Plans, which will provide a comprehensive picture of the equipment, training, exercise

and technical assistance needs for each State. The Committee supports OJP’s proposal to restructure the funding streams of the

Counterterrorism program to better address the needs of the first

responder community. The Committee recommends the following

distribution of funding:

COUNTERTERRORISM PROGRAM

[In thousands of dollars]

2001 enacted 2002 recommendation

Equipment Grants:

State & Other Equipment Grant Program ...................................................................... $104,171 $116,740

State & Local Bomb Technician Equipment Program ................................................... 4,989 10,000

Subtotal, Equipment Grants ...................................................................................... 109,160 126,740

Training and Technical Assistance:

Integrated Training & Technical Assistance Program ................................................... ........................ 35,485

Law Enforcement Training Program ............................................................................... 7,982 ........................

Nunn-Lugar-Domenici City Training Program ................................................................ 20,934 ........................

Fort McClellan/Center for Domestic Preparedness ......................................................... 15,466 17,716

National Domestic Preparedness Consortium ................................................................ 17,960 13,969

Technical Assistance/Needs Assessment ....................................................................... 1,996 ........................

Distance Learning Program/NTPI .................................................................................... 2,993 ........................

State & Local Antiterrorism Training Program .............................................................. 998 ........................

Subtotal, Training and Technical Assistance ............................................................ 68,329 67,170

Exercise, Evaluation, & Improved Response:

Situational Exercises ...................................................................................................... 3,991 3,991

Nunn-Lugar-Domenici Improved Response Plans .......................................................... ........................ 2,600

TOPOFF II ........................................................................................................................ 2,993 2,993

Subtotal, Exercise, Evaluation, & Improved Response .............................................. 6,984 9,584

Counterterrorism Research and Development Program .......................................................... 36,021 17,000

Total, Counterterrorism Programs .............................................................................. 220,494 220,494

The Committee continues its direction, first included in the fiscal

year 2000 conference report, regarding the distribution of general

equipment grants only in accordance with State-wide plans. The

Committee understands that these plans are currently being submitted to OJP. The Committee expects that these equipment resources will be used to meet the needs of the maximum number of

40

communities possible, based on a comprehensive needs assessment,

which takes into account the relative risk to a community, as well

as the availability of Federal, State, and local resources to address

the problem. The Committee recommends $17,000,000 for the National Institute of Justice to resume its counterterrorism technology development program, such as developing chemical detection and personal

protective technologies.

Management and Administration.—The Committee recommendation provides $43,491,000 for the management and administration

of the Office of Justice Programs, excluding the administration of

Juvenile Justice programs, which are provided within funds under

the Juvenile Justice heading. This amount is $694,000 above the

request and $2,396,000 above the current year appropriation. In

addition, reimbursable funding will be provided from the Community Oriented Policing Services and the State and Local Law Enforcement Assistance Programs for the administration of grants

under these activities.

STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

The Committee recommends a total of $2,519,575,000 for fiscal

year 2002 for State and Local Law Enforcement Assistance programs. This amount is $501,849,000 above the request and

$323,085,000 below the current year appropriation. These funds

will provide assistance to State and local governments in their drug

control and crime fighting efforts as follows:

STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

[In thousands of dollars]

2001 enacted 2002 request 2002 recommendation

Local Law Enforcement Block Grant .......................................................... $521,849 $400,000 $521,849

(Boys and Girls Club) ........................................................................ (60,000) ....................... (60,000)

(Police Athletic League) ..................................................................... ....................... ....................... (6,000)

(National Institute of Justice) ............................................................ (19,956) (19,956) (19,956)

State Criminal Alien Assistance Program .................................................. 1 399,120 265,000 565,000

State Prison Grants .................................................................................... 684,990 ....................... .......................

Cooperative Agreement Program ................................................................ 2 (34,923) 35,000 35,000

Indian Assistance ....................................................................................... ....................... ....................... 48,162

(Tribal Prison Construction Program) ................................................ 2 (33,925) 35,191 (35,191)

(Indian Tribal Courts Program) ......................................................... 7,982 7,982 (7,982)

(Alcohol and Substance Abuse) ......................................................... 4,989 4,989 (4,989)

Byrne Grants:

Discretionary Grants .......................................................................... 68,898 ....................... 70,000

Formula Grants .................................................................................. 498,900 500,000 500,000

Total, Byrne Grants ....................................................................... 567,798 500,000 570,000

Violence Against Women Grants ................................................................. 288,043 390,565 390,565

Victims of Trafficking Grants ..................................................................... ....................... ....................... 10,000

State Prison Drug Treatment ...................................................................... 62,861 73,861 73,861

Drug Courts ................................................................................................. 49,890 50,000 50,000

Juvenile Crime Block Grant ........................................................................ 249,450 249,450 249,450

(Project ChildSafe) ............................................................................. ....................... (38,000) (38,000)

Other Crime Control Programs:

Missing Alzheimer’s Patients ............................................................. 898 898 898

Law Enforcement Family Support ...................................................... 1,497 1,497 1,497

Motor Vehicle Theft Prevention .......................................................... 1,298 1,298 1,298

Senior Citizens Vs. Marketing Scams ................................................ 1,995 1,995 1,995

41

STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE—Continued

[In thousands of dollars]

2001 enacted 2002 request 2002 recommendation

Total, State and Local Assistance ................................................ 2,842,660 2,017,726 2,519,575

1 An additional $164,637,000 was earmarked in the State Prison Grants program for SCAAP in fiscal year 2001, for a total funding level of $563,757,000. 2 Funding was included under the State Prison Grants in fiscal year 2001.

Local Law Enforcement Block Grant.—The Committee recommendation includes $521,849,000 for the Local Law Enforcement

Block Grant program, which is $121,849,000 above the request and

the same level as the current year appropriation. This program

provides grants to localities to reduce crime and improve public

safety. Of the amount included, $19,956,000 will be provided to NIJ

for assisting local units of government to identify, select, develop,

modernize, and purchase new technologies for use by law enforcement. The recommendation also includes language that allows

$60,000,000 of these funds to be used for Boys and Girls Clubs and

$6,000,000 to be used for the National Police Athletic League.

State Criminal Alien Assistance Program.—The recommendation

provides $565,000,000 for the State Criminal Alien Assistance Program (SCAAP) for the reimbursement to States for the costs of incarceration of criminal aliens. This amount is $300,000,000 above

the request and $1,243,000 above the total amount provided in fiscal year 2001.

Cooperative Agreement Program.—The recommendation provides

$35,000,000 to provide resources for the improvement of State and

local correctional facilities holding Federal prisoners. This amount

is the same as the request and $77,000 above fiscal year 2001 appropriation.

Indian Assistance.—The Committee recommends $48,162,000 in

Indian assistance grants, of which $35,191,000 is for the tribal

prison construction program; $7,982,000 for Indian tribal courts,

and $4,989,000 for alcohol and substance abuse grants. These

amounts are the same as the request and $1,266,000 above the current year appropriation.

Edward Byrne Grants to States.—The Committee recommendation provides $570,000,000 for the Edward Byrne Memorial State

and Local Law Enforcement Assistance Program, of which

$70,000,000 is for discretionary grants and $500,000,000 is for formula grants under this program. The recommended level is

$70,000,000 above the level requested and $2,202,000 above the

amount provided in the current year. These grants help to improve

the functioning of the criminal justice system with an emphasis on

drugs, violent crime and serious offenders.

Within the amount provided for discretionary grants, the Committee expects OJP to continue funding at the current level for the

following programs:

• Drug Abuse Resistance Education (DARE) program;

• Search Group, Inc. and the National Technical Assistance

Program; and

• National Crime Prevention Council’s McGruff campaign;

In addition, within the amounts appropriated for discretionary

grants, the Committee also expects OJP to examine each of the folVerDate 11-MAY-2000 04:04 Jul 14, 2001 Jkt 089006 PO 00000 Frm 00041 Fmt 6659 Sfmt 6602 E:\HR\OC\HR139.000 pfrm02 PsN: HR139
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lowing proposals, to provide grants if warranted, and to submit a

report to the Committee on its intentions for each proposal: • The Women’s Center, Vienna, VA; • DuPage County, IL Fire Investigation Task Force, for

arson investigations; • The Julian Dixon Courtroom and Advocacy Center at the

Southwestern University School of Law in Los Angeles, CA; • Night Light Program in San Bernardino, CA; • San Joaquin Valley, CA Rural Agricultural Crime Prevention Program; • Center for Court Innovation throughout New York State,

including Onondaga County and surrounding areas; • Law Enforcement Innovation Center (LEIC), TN; • Chattanooga Endeavors program; • New Mexico Technology to Recover Abducted Kids (TRAK); • National Fatherhood Initiative; • National Center for Justice and the Rule of Law at the

University of Mississippi School of Law to sponsor research

and produce judicial education seminars and training for

judges, court personnel, prosecutors, police agencies, and attorneys; • National Association of Town Watch’s National Night Out

crime prevention program; • Prevent underage drinking demonstration program; • BiasHELP of Long Island; • ‘‘Breaking the Cycle’’ Program, for Jacksonville, FL and

Lane County, OR; • City of San Luis Obispo, CA, for a gang prevention project; • NYPD criminal justice coordination project; • National Training and Information Center (NTIC); • I–SAFE, for teaching children online safety; • Community Security Initiatives (CSI) of the Local Initiatives Support Corporation; • Atlanta, GA, for a comprehensive homicide reduction initiative;

• Excelsior College in NY, for a distance education degree

program in criminal justice;

• Men Against Destruction, Defending Against Drugs and

Social Disorder (MAD DADS) of Miami-Dade, FL;

• Washington Metropolitan Area Drug Enforcement Task

Force (MATF);

• Northwestern MA District Attorney’s Office special prosecution program, for crimes against seniors and the disabled;

• Expansion of law enforcement counseling programs at the

On-Site Academy in Gardner, MA;

• Turtle Mountain Community College’s ‘‘Project Peacemaker’’;

• Doe Fund’s Ready Willing and Able Program;

• TELACU family-based gang violence prevention program;

and

• Thin Blue Line of Michigan, for assistance to law enforcement families in crisis.

Violence Against Women Act.—The Committee recommends

$390,565,000 to support grants under the Violence Against Women

Act (VAWA), which is the same level as the request and

43

$102,522,000 above the current year appropriation. Grants provided under this recommendation are for the following programs:

VIOLENCE AGAINST WOMEN ACT PROGRAMS

[In thousands of Dollars]

2002 recommendation

General Grants ..................................................................................................................................................... $184,537

(National Institute of Justice) ..................................................................................................................... (5,200)

(Safe Start Program) ................................................................................................................................... (10,000)

(Domestic Violence Federal Case Processing Study) .................................................................................. (1,000)

(Research on Family Violence) .................................................................................................................... (5,000)

Victims of Child Abuse ........................................................................................................................................ 15,269

(CASA Special Advocates) ........................................................................................................................... (11,975)

(Training for Judicial Personnel) ................................................................................................................. (2,296)

(Grants for Televised Testimony) ................................................................................................................ (998)

Grants to Encourage Arrests Policies .................................................................................................................. 64,925

Rural Domestic Violence Assistance Grants ........................................................................................................ 39,945

Training Programs ................................................................................................................................................ 4,989

Stalking Database ................................................................................................................................................ 3,000

Violence on College Campuses ............................................................................................................................ 10,000

Civil Legal Assistance .......................................................................................................................................... 40,000

Elder Abuse Grant Program ................................................................................................................................. 5,000

Safe Haven Project ............................................................................................................................................... 15,000

Study on the Effects of Parental Kidnapping ...................................................................................................... 200

Domestic Violence Forensic Exams Study ............................................................................................................ 200

Education and Training for Disabled Female Victims ......................................................................................... 7,500

Total ........................................................................................................................................................ 390,565

Funding included for Violence Against Women Act programs will

continue to provide resources to expand units of law enforcement

officers and prosecutors specifically targeted at crimes against

women, to develop and implement effective arrest and prosecution

policies to prevent, identify and respond to violent crimes against

women, and to provide much needed victims services, including

specialized domestic violence court advocates to obtain protection

orders.

Victims of Trafficking.—The Committee recommendation includes $10,000,000 for victims service programs to provide assistance to victims of trafficking, as authorized by the Victims of Trafficking and Violence Protection Act of 2000. This amount is

$10,000,000 above the request and the current year appropriation.

Substance Abuse Treatment for State Prisoners.—The Committee

recommends $73,861,000 for grants to States and units of local government for development and implementation of residential substance abuse treatment programs within State correctional facilities and certain local correctional and detention facilities. This

amount is the same as the request and $11,000,000 above the current year appropriation.

The recommendation includes requested language expanding the

use of these grants to provide treatment for released State prisoners. The Committee is concerned that expanding this program to

treat parolees will divert needed funding from State prison treatment programs. Therefore, OJP may issue grants up to 10 percent

of the total program level for these expanded purposes. In addition,

these grants should only fund treatment for individuals up to one

year after they are released from a State prison. OJP is directed

to provide to the Committee, by February 15, 2002, an assessment

44

of the need for State prison substance abuse treatment programs

for both incarcerated and released prisoners.

Drug Courts.—The recommendation includes $50,000,000 for the

Drug Courts grant program, the same as the request and $110,000

above the current fiscal year. This program provides grants to

State, local, and Indian tribal governments to develop dedicated

drug courts that prescribe an integrated mix of treatment, drug

testing, incentives, and sanctions for non-violent offenders.

Juvenile Accountability Incentive Block Grant.—The Committee

recognizes the importance of supporting efforts that will continue

to reduce juvenile crime. The recommendation includes

$249,450,000 for the Juvenile Accountability Incentive Block Grant

program, which is the same as the request and current year appropriation. Language is included that allows $38,000,000 of these

funds to be used for Project ChildSafe, an initiative that will ensure gun safety locks are available for every handgun in America.

An additional $37,000,000 is included for Project ChildSafe under

Juvenile Justice, for a total funding level of $75,000,000.

Safe Return Program.—The Committee recommendation includes

$898,000 to continue the national program to locate missing Alzheimer’s disease patients, the same level as in fiscal year 2001 and

the request.

Law Enforcement Family Support Programs.—The recommendation includes $1,497,000 for programs that provide support services

to law enforcement officers and their families, the same level in the

current year appropriation and the amount requested.

Motor Vehicle Theft Prevention.—The recommendation provides

$1,298,000 for grants to combat motor vehicle theft through cooperative partnerships between car owners and State and local law enforcement to reduce car theft committed by professional auto

thieves and to facilitate their recovery. This amount is the same as

the level provided in the current fiscal year and the amount requested for this program.

Senior Citizens Against Marketing Scams.—The recommendation

includes $1,995,000, the same level as provided in the current fiscal year and the full amount requested, for programs to assist law

enforcement in preventing and stopping marketing scams against

the elderly.

WEED AND SEED PROGRAM FUND

The Committee recommends $58,925,000 for the Weed and Seed

Program. This amount is the same as the request and $25,000,000

above the current year appropriation.

The Weed and Seed program serves as a crime prevention catalyst, coordinating existing anti-crime efforts in high-crime neighborhoods and leveraging other resources for activities such as truancy prevention, conflict resolution, mentoring, gun abatement, justice innovations, jobs for at-risk youth, and anti-gang initiatives.

The recommendation provides $25,000,000 in requested program

increases, including: $3,675,000 for 21 new Weed and Seed sites;

$3,825,000 to support special emphasis programs such as gun law

enforcement, anti-drug activities, and faith-based initiatives;

$2,000,000 to enhance data collection and performance assessments; and $15,500,000 to replace the funding received in prior

years from the Assets Forfeiture Fund.

45

The Committee recommends bill language, included in previous

fiscal years, making funds available for grants or agreements with

State agencies or to reimburse Federal agencies in order to execute

the Weed and Seed strategy, and also allows for the use of other

Department of Justice funds to support the Weed and Seed program.

COMMUNITY ORIENTED POLICING SERVICES

The Committee recommendation includes $1,013,498,000 for the

Community Oriented Policing Services program (COPS) for fiscal

year 2002. This amount is $158,389,000 above the request and

$16,556,000 below the current year appropriation. In addition,

$46,000,000 in recoveries is available for use in the universal hiring program, which brings the total funding availability for the

COPS program to $1,059,498,000. The Committee recommends the

following distribution of funding:

COMMUNITY ORIENTED POLICING SERVICES

[In thousands of dollars]

2001 enacted 2002 request 2002

recommendation

Public Safety and Community Policing:

COPS Hiring Program ......................................................................... $408,323 $180,000 $330,000

(School Resource Officers) ........................................................ (180,000) (180,000) (180,000)

Training and Technical Assistance ................................................... 20,731 20,662 20,662

Tribal Law Enforcement ..................................................................... 34,923 31,315 31,315

Police Corps ....................................................................................... 29,435 14,435 14,435

Methamphetamine Enforcement and Clean-up ................................. 48,393 48,393 48,393

Bulletproof Vests ................................................................................ 25,444 25,444 25,444

School Violence .................................................................................. 14,967 ....................... .......................

Subtotal, Public Safety and Community Policing ......................... 582,216 320,249 470,249

Crime-Fighting Technologies:

Law Enforcement Technology Program .............................................. 139,692 ....................... 150,000

COPS Information Technology Program ............................................. ....................... 100,000 .......................

Crime Identification Technology Act .................................................. 129,714 150,404 103,611

(Safe Schools Technology) ........................................................ (17,462) (17,000) (17,000)

(Criminal History Records) ........................................................ (34,923) ....................... .......................

(DNA Backlog/Crime Lab. Improvement) .................................. (29,934) ....................... .......................

(Information Integration Projects) ............................................ (18,311) ....................... .......................

National Criminal History Improvement ............................................ ....................... 35,000 35,000

Crime Laboratory Improvement Program ........................................... ....................... 35,000 35,000

DNA Backlog Elimination ................................................................... ....................... 35,000 40,000

Subtotal, Crime-Fighting Technologies ......................................... 269,406 355,404 363,611

Prosecution Assistance:

Community Prosecutors ..................................................................... 24,945 ....................... .......................

Gun Violence Prosecutors .................................................................. 74,835 ....................... .......................

Southwest Border Prosecutors ........................................................... ....................... 50,000 50,000

Gun Violence Reduction Program ...................................................... ....................... 49,780 49,780

Subtotal, Prosecution Assistance .................................................. 99,780 99,780 99,780

Community Crime Prevention:

Police Integrity ................................................................................... 16,963 16,963 16,963

Offender Reentry ................................................................................ 29,934 14,934 14,934

Project Sentry ..................................................................................... ....................... 14,967 14,967

Subtotal, Community Crime Prevention ........................................ 46,897 46,864 46,864

46

COMMUNITY ORIENTED POLICING SERVICES—Continued

[In thousands of dollars]

2001 enacted 2002 request 2002

recommendation

Management and Administration ............................................................... 31,755 32,812 32,994

Total, Community Policing Services .............................................. 1,030,054 855,109 1,013,498

COPS Hiring Program.—The Committee recommends

$330,000,000 for the COPS hiring program. This amount is

$150,000,000 above the request and $78,323,000 below the fiscal

year 2001 appropriation. In addition, as of May 31, 2001, there is

over $46,000,000 available in recoveries for the universal hiring

program, which cannot be obligated until a reprogramming notification is submitted. This provides a total funding availability for

the COPS Hiring Program of $376,000,000 in fiscal year 2002. The recommendation provides up to $180,000,000 for the hiring

of school resource officers—the same level as fiscal year 2001 and

the request. The Committee also recommends the continuation of

the COPS MORE program within the overall funding levels of the

hiring program.

The Committee remains concerned at the level of funds that the

COPS program recovers each year and does not understand how

such amounts can be deobligated in a program that pays personnel

compensation. The Committee prohibits the COPS program from

obligating any funds available from prior year recoveries except

through the normal reprogramming process.

Police Corps.—The Committee recommends $14,435,000 for the

Police Corps Program, which is the same as the request and

$15,000,000 below the fiscal year 2001 appropriation. The Committee understands that the Police Corps program has sufficient

unobligated balances available to allow the program to maintain its

activities in fiscal year 2002 at the current level.

Training and Technical Assistance.—The Committee recommends $20,662,000 to provide training and technical assistance

for the advancement of community policing. Within the overall

amounts recommended, the Committee expects the COPS office to

examine each of the following proposals, to provide grants if warranted, and to submit a report to the Committee on its intentions

for each proposal:

• Virginia Community Policing Institute; and

• Roger Williams University in Bristol, RI, for a law enforcement professional training program with the Justice System

Research and Training Institute.

Methamphetamine Enforcement and Clean-Up.—The Committee

recommends $48,393,000 in appropriations for State and local law

enforcement programs to combat methamphetamine production

and distribution, to target drug ‘‘hot spots,’’ and to remove and dispose of hazardous materials at clandestine methamphetamine labs.

This amount is the same as the request and the fiscal year 2001

appropriation.

The Committee is aware that the production, trafficking, and

usage of methamphetamine, an extremely destructive and addictive

synthetic drug, is a growing national problem. Despite some successes in the seizure of clandestine drug laboratories, limited State

47

and local law enforcement resources, coupled with the complexity

of clandestine laboratory enforcement investigation and cleanup

processes, have made the fight against illicit methamphetamine

manufacturing a difficult one.

The Committee is concerned that the Department of Justice has

not adequately focused its attention on the growing problem of

methamphetamine production and trafficking and the strain this

crime is placing on State and local law enforcement resources. The

Committee directs the Department of Justice to undertake a review

of its current efforts in assisting States and local communities with

this growing problem and to prepare a report that (1) defines the

scope of the methamphetamine problem nationwide; (2) identifies

the regions of the country most adversely affected by methamphetamine production and trafficking; (3) identifies the needs of State

and local law enforcement in addressing this issue; and (4) defines

the Department’s role in providing training, investigative, and

clean-up assistance to States and localities. This plan shall be provided to the Committee by February 15, 2002.

Within the amount provided, the Committee has included $20,000,000 to be reimbursed to the Drug Enforcement Administration for assistance to State and local law enforcement for proper removal and disposal of hazardous materials at clandestine methamphetamine labs.

In addition, within the amount provided, the Committee expects

OJP, in consultation with DEA, to examine each of the following

proposals, to provide grants if warranted, and to submit a report

to the Committee on its intentions for each proposal: • California Department of Justice, Bureau of Narcotic Enforcement, for the California Methamphetamine Strategy

(CALMS); • Sioux City, IA Regional Methamphetamine Training Center, to provide training to officers from eight states in over 80

classes; • Daviess County, KY, to combat methamphetamine;

• Methamphetamine Task Force in East Tennessee, to fight

the spread of meth labs in this region;

• Oklahoma State Bureau of Investigations and Oklahoma

Bureau of Narcotics and Dangerous Drug Control, to assist

their methamphetamine clean-up operations;

• Western Kentucky Methamphetamine Initiative;

• Virginia State Police, to assist their efforts in combating

methamphetamine;

• Washington State methamphetamine initiative and law

enforcement methamphetamine initiative, including funding

for Snohomish and King Counties and the Northeastern Washington State Four County Methamphetamine Task Force;

• Marion County, OR, methamphetamine project;

• Marathon and Douglas Counties, WI, methamphetamine

cleanup;

• City of Phoenix, AZ, for methamphetamine laboratory

cleanup;

• Minot State University, ND, rural methamphetamine

project; and

• Jackson County, MS, Sheriff’s office methamphetamine

initiative.

48

Law Enforcement Technology Program.—The Committee recommendation provides $150,000,000 for continued development of

technologies and automated systems to assist State and local law

enforcement agencies in investigating, responding to and preventing crime. In particular, the Committee recognizes the importance of sharing criminal information and intelligence among State

and local law enforcement agencies to address multi-jurisdictional

crimes. The recommendation does not fund, as requested, a new

COPS Information Technology program.

Within the amount provided, the Committee expects the COPS

office to examine each of the following proposals, to provide grants

if warranted, and to submit a report to the Committee on its intentions for each proposal: • Walker County Jail, AL, for police radio system upgrade; • Powell Police Department, AL, for policing equipment upgrades and technology enhancements; • Blountsville Police Department, AL, for an integrated

automated fingerprint information system; • Simulated Prison Environment Crisis Aversion Tools

(SPECAT); • Mooresville, NC, for a Silent Dispatch and Automatic Vehicle Locator System; • Springfield, MO, for security equipment for the Southside

District Police Station; • Springfield, MO, Police Department, for in-car video cameras; • Alabama law enforcement SmartCOP technology initiative; • City of Escondido, CA, for communications technology upgrades; • Miami-Dade County, FL, Public Schools, for technology

equipment for school policing activities; • Placer County, CA, for public safety communications upgrades; • Citrus Heights, CA, for technological improvements to centralize the police force;

• City of Sierra Madre, CA, for law enforcement equipment

for the Emergency Operations Center;

• Arcadia Police Department, CA, for the conversion to

narrowband radios;

• Northeast Wisconsin Technical College Tactical Training

Facility, Green Bay, WI, for equipment;

• Cache County, UT Sheriff’s Department, for law enforcement training simulators;

• Aliquippa Police Department, PA, for police equipment,

training, and computer resources;

• Joint Venture 9–1–1 Communications Center (Tri-Com),

IL, for law enforcement communications equipment replacement;

• Long Beach Police Department, CA, for imaging technology;

• Video teleconferencing grant program, through INS, to

provide local sheriff’s offices the ability to identify or arraign

apprehended aliens;

• Redlands, CA East Valley Community Justice Center, to

study and identify new technologies;

49

• Inyo County, CA, for public safety radio communications;

• Arlington County, VA Police Department and the New Jersey State Police, for Racial Profiling Self-Assessment Software;

• Jeffersontown Police Department, KY, for in-car video systems;

• Jefferson County, KY Domestic Violence Unit, for the purchase of cameras to be used during investigations;

• Louisville, KY Division of Police, for in-car video systems;

• Sacramento, CA Sheriff’s Department, for law enforcement

technology systems;

• Regional Law Enforcement Technology Program in KY;

• City of Norfolk, VA Police Department, for law enforcement technology equipment;

• Sedgwick County, KS Sheriff’s Department, for integrated

records management system;

• Jefferson County, AL, for law enforcement communication

equipment upgrades;

• Washington Parish, LA, for law enforcement technology

and automated systems;

• Tangipahoa Parish, LA, for law enforcement technology

and automated systems;

• Jefferson Parish, LA, including the cities of Harahan,

Kenner, and Gretna, for law enforcement technology and automated systems;

• St. Tammany Parish, LA Sheriff’s Office, for automated

systems to assist investigations;

• Orleans Parish, LA, for law enforcement technology and

automated systems;

• Law Enforcement Online (LEO) Program;

• Chattanooga, TN Police Department, for law enforcement

technology;

• Oklahoma Department of Public Safety, for in-car video

cameras for the Highway Patrol;

• Allen County, KY, for the law enforcement component of

an emergency systems upgrade;

• Page County, VA, for law enforcement equipment to consolidate 911 services;

• Virginia State Police, for in-car video cameras;

• Center for Criminal Justice Technology;

• Pinellas County, FL law enforcement agencies, for facial

recognition technology;

• City of Thibodaux, LA Police Department, for in-car video

cameras and computers;

• City of Mayaguez, PR, for municipal police technology improvements;

• City of Madison, WI, for laptop computers and video monitoring units in patrol cars;

• Las Vegas, NV Metropolitan Police Department’s Interagency Cyber Crime Task Force, for technology improvements;

• City of Tallahassee, FL, for a joint law enforcement communications upgrade;

• City of Baltimore, MD, for law enforcement technology upgrades including laptop computers, cameras and wiretap equipment;

50

• Indianapolis, IN Police Department, for technology enhancements including in-car cameras;

• Territory of the Virgin Islands, for technology equipment

and upgrades;

• Lane County/Springfield/Eugene, OR, for law enforcement

area information records system (AIRS);

• City of Austin, TX, for police mobile data computers;

• City of Fresno, CA Police Department, for a law enforcement communications system;

• NYPD 47th Police Precinct, for equipping a mobile command center;

• East Palo Alto, CA Police Department, for communications

and computer equipment;

• Marlboro Police Department in Monmouth County, NJ, for

video cameras in patrol cars;

• Marion County, OR, for mobile probation computers and

radio equipment;

• East Hazel Crest, IL SSMMA/Regional Law Enforcement

Technology Support Center, for technological enhancements;

• City of Pawtucket, RI Police Department, for technology

upgrades, including a digital radio system;

• Town of Portsmouth, RI Police Department, for technology

upgrades including computing and communications systems;

• Galveston County, TX Sheriff’s office, for the Southeast

Texas Region Law Enforcement Technology Project, including

data equipment and computers;

• Palos Park Police Department, for law enforcement equipment and new technology;

• Southwest Major Case Unit, IL, for video surveillance and

related technology;

• Village of Larchmont, NY Police Department, for closedcircuit surveillance equipment;

• Town of Mamaroneck, NY, for police communications

equipment;

• Village of Mamaroneck, NY Police Department, for an

automated fingerprinting system;

• City of New Fairfield, CT Police Department, for technology improvements including laptop computers for patrol

cars;

• Saint Paul, MN Police Department, for police radios;

• North Attleboro, MA, for technology upgrades at the new

police facility;

• Facial recognition and data capture system demonstration

for 5 cities in Massachusetts;

• Sacramento County, CA, for an integrated justice system;

• City of Jersey City, NJ, for radio system upgrade and fixed

radio network equipment;

• Union City, NJ, for CAD and RMS Systems;

• Solano County, CA Regional Law Enforcement Training

Center, for technology infrastructure;

• Holyoke, MA Police Department, for equipment;

• City of San Francisco, CA, for a geographic information

crime mapping system;

• Wake County, NC, for law enforcement communications;

51

• City of South Bend, IN, for video and audio recording systems in squad cars; • Minneapolis, MN Police Department, for an automated resources system; • Santa Ana, CA Police Department Crime Analysis Unit,

for equipment purchases; • City of Norfolk, VA Police Department, for a computer

aided dispatch system and video cameras; • Ventura County, CA, for an Integrated Justice Information

System; • White County, AR, for technology upgrades at the county

jail; • City of Abilene, TX, for purchase of emergency response

and public safety communications equipment for law enforcement; • Charlevoix-Cheboygan-Emmett, MI Central Dispatch Authority, for computer aided dispatch/records management software; • Citrus County, FL, Emergency Operations and Communications Center, for law enforcement technology enhancements; • San Juan County Criminal Justice Training Authority/City

of Farmington, NM, for an automated fingerprint identification

system; • Project Hoosier SAFE-T, for communications systems upgrades; • Griffith, IN Police Department, for in-car video cameras; • Northwest IN Police Department, for an automated fingerprint identification system; • City of Inglewood, CA Police Department, for digital

records management and equipment; • City of Gardena, CA, for technology equipment for patrol

cars; • Town of Mooresville, NC, for a digital transmission system; and

• Columbia County, OR, for law enforcement communications.

Crime Identification Technology Act (CITA).—The Committee recommendation includes $103,611,000 to be used and distributed

pursuant to the Crime Identification Technology Act of 1998, Public

Law 105–251. Under that Act, eligible uses of the funds are (1) upgrading criminal history and criminal justice record systems; (2)

improvement of criminal justice identification systems, including

fingerprint-based systems; (3) promoting compatibility and integration of national, State, and local systems for criminal justice purposes, firearms eligibility determinations, identification of sexual

offenders, identification of domestic violence offenders, and background checks for other authorized purposes; (4) capturing information for statistical and research purposes; (5) multijurisdictional,

multiagency communications systems; and (6) improvement of capabilities of forensic sciences, including DNA.

Within the overall amounts recommended, the Committee expects OJP to examine each of the following proposals, to provide

grants if warranted, and to submit a report to the Committee on

its intentions for each proposal:

52

• Cyber Science Laboratory, for the acquisition and development of new and advanced investigative, analysis, and forensic

tools for Federal, State and local law enforcement; • Orange County, CA Strategic Integrated Justice System,

for the electronic linking of law enforcement communities; • Illinois State Police, for the implementation of an integrated records management system; • Washington Association of Sheriffs and Police Chiefs

(WASPC), for the statewide jail booking, reporting, and victim

notification system; • WEBCHECK, the Ohio background check system, for its

integration into the FBI fingerprint system; • Virginia Department of Criminal Justice Services, for the

Integrated Criminal Justice Information System; • Louisiana State Police, for Information and Management

Systems within the Emergency Operations Center; • Buncomb County, NC, for conversion of the City-County

Bureau of Identification criminal arrest records into an accessible electronic format; • Squad Car Unit Identification (SQUID) program, for remote fingerprint identification programs in Ontario and Rialto,

CA; Redlands, CA; and Minneapolis, MN; • Las Vegas, NV Metropolitan Police Department, for the

Metro Automated Identification Network (MAIN) System; • Great Cities Universities Coalition, for criminal justice

data gathering and analysis; • San Diego, CA Police Department, for the Criminal

Records Management System (CRMS); • Wayne Area Justice Information System (WAJIS), MI; • Hennepin County, MN, for an integrated criminal database system; and • Mecklenberg County, NC, Criminal Justice Information

System (CJIS).

Crime Laboratory Improvement Program (CLIP).—The Committee recommendation includes $35,000,000 for the crime laboratory improvement program. This program supports State and local

government crime laboratories to develop or improve their capability to analyze DNA in a forensic laboratory, as well as other general forensic science capabilities.

Within the overall amounts recommended, the Committee expects OJP to examine each of the following proposals, to provide

grants if warranted, and to submit a report to the Committee on

its intentions for each proposal:

• National Forensic Systems Technology Center;

• University of Connecticut for DNA research; and

• University of New Haven, CT for DNA research.

DNA Backlog Elimination.—The Committee recommendation includes $40,000,000 to reduce the DNA sample backlog. DNA technology is widely recognized as key to both fighting crime and preserving justice through the identification of the guilty and exoneration of the innocent. The Committee is concerned about the DNA

backlog, especially with the need to increase the capacity of State

laboratories to process and analyze crime scene DNA and to reduce

the backlog of convicted offenders’ DNA samples. The recommendation is $5,000,000 above the request.

53

Southwest Border Prosecutions.—The Committee recommends

$50,000,000 to provide assistance to State and local prosecutors located along the Southwest Border. This program will provide financial assistance to Texas, New Mexico, Arizona, and California for

the State and local costs associated with the handling and processing of drug and alien cases referred from Federal arrests. This

program was funded through the U.S. Attorneys in fiscal year

2001.

Gun Violence Reduction Program.—The Committee recommends

$49,780,000 for a new program that will encourage States to increase the prosecution of gun criminals. This program encompasses

a broad range of gun violence strategies, including hiring and

training of local prosecutors and implementing public awareness

campaigns to advertise tough sentences for gun crimes and foster

community support.

Offender Reentry.—The Committee recommends $14,934,000 for

the law enforcement costs related to establishing offender reentry

programs. This amount is the same as the request and $15,000,000

below the current year appropriation. Offender reentry programs

establish partnerships among institutional corrections, community

corrections, social services programs, community policing, and community leaders to prepare for the successful return of inmates to

their home neighborhoods. The amount recommended is provided

to fund law enforcement participation and coordination of offender

reentry programs.

Project Sentry.—The Committee recommends $14,967,000 for

Project Sentry. This program will create a new Federal and State

partnership establishing safe schools task forces across the country

that will prosecute and supervise juveniles who violate Federal and

State firearms laws and adults who illegally furnish firearms to

them. An additional $5,033,000 is provided for this initiative

through the Juvenile Justice programs, for a total funding level of

$20,000,000.

JUVENILE JUSTICE PROGRAMS

The Committee recommendation provides a total of $297,940,000

for Juvenile Justice Programs for fiscal year 2002, the same

amount as the request and as provided in the current fiscal year.

The Committee understands that addressing juvenile violence requires a combination of strategies that involve (1) focusing law enforcement on dangerous, violent youths and making sure the punishment fits the crime; (2) community intervention to help solve the

underlying problems of first-time offenders; (3) quality prevention

programs that are designed to reduce risks and develop competencies in at-risk juveniles; and (4) programs that hold juveniles

accountable for their actions, including systems of graduated sanctions, victim restitution and community service. The recommendation provides funding for the following programs:

1. $6,832,000 for the Office of Juvenile Justice and Delinquency

Prevention (OJJDP) (Part A), of which $200,000 is for the coordination of Federal efforts.

2. $88,804,000 for Formula Grants for assistance to State and

local programs (Part B).

3. $50,139,000 for Discretionary Grants for National Programs

and Special Emphasis Programs (Part C). Within the amounts proVerDate 11-MAY-2000 04:04 Jul 14, 2001 Jkt 089006 PO 00000 Frm 00053 Fmt 6659 Sfmt 6602 E:\HR\OC\HR139.000 pfrm02 PsN: HR139
54

vided for Part C discretionary grants, the Committee expects

OJJDP to continue current year funding for Parents Anonymous,

Inc.

In addition, the Committee is aware of a number of encouraging

programs to develop partnerships with local communities and help

prevent the cycle of abuse and delinquency. Within the overall

amounts recommended for Part C, OJJDP is directed to review the

following proposals, provide a grant if warranted, and submit a report to the Committee on its intentions regarding: • University of South Alabama for youth violence prevention

research; • ARISE Foundation for at-risk youth; • Youth Crime Watch of America; • Teens, Crime and Community program; • National Council of Juvenile and Family Courts, which

provides continuing legal education in family and juvenile law; • University of Montana for the Pathways to Discovery

Project, a community based after-school program for at-risk

youth; • Prevent Child Abuse America for the programs of the National Family Support Roundtable; • Family, Career and Community Leaders of America

(FCCLA) ‘‘Stop the Violence’’ program; • Detroit, MI Rescue Mission Ministries for its at-risk youth

program; • New Mexico State University for the After School Services

Pilot Program for at-risk youth; • Law related education for continued support; • Wichita State University for a juvenile justice program; • Hamilton Fish National Institute on School and Community Violence; • Westside Gang Prevention Demonstration Program in Syracuse, NY; • Loudoun County, VA School Probation Program;

• Anti-gambling public service media campaign grants for

in-school educational networks;

• Pinellas County, FL, for the ABOUT FACE program;

• Oregon Museum of Science and Industry for the Science

for At-Risk Youth program;

• Greater Philadelphia, PA and Camden, NJ, for The Rock

School at-risk youth program;

• Jacksonville, FL collaborative partnership for the Truancy

Interdiction Program;

• Roxbury Family, MA, YMCA for enhanced at-risk youth

programs;

• West End House in Allston-Brighton, MA;

• South Carolina Law Enforcement Truancy Initiative;

• Bronx, NY Neighborhood Enhancement Training and Services (NETS), Inc. for the center for at-risk youth;

• Chicago, IL CeaseFire Project for Violence Prevention;

• Wayne County, MI Juvenile Justice Program for prevention activities and services;

• Clackamas County, OR, for juvenile detention programs;

• The Good Knight Child Empowerment Network’s Million

Knight Campaign for youth violence prevention;

55

• Port Chester, NY, Public Schools at risk youth program; • Suffolk University Law School Juvenile Justice Center; • Wausau, WI alternative juvenile offender program; • Phoenix, AZ to expand Operation Quality Time; • Para Los Nin ̃ os collaborative program with the LA County

Probation Department, schools and community agencies; • Project Juvenile Assistance Diversion Effort (JADE) in Los

Angeles, for a juvenile delinquency prevention program; • L.A.’s BEST youth program; • Glendale, CA, YMCA for ‘‘Your House’’ shelter and case

management program for at-risk youth; • West Farms Center, for at-risk youth assistance; • Greater Heights Program, for high-risk youth mentoring; • Bronx Youth Conservation Corps ‘‘Save a Generation’’ work and study program; • Sports Foundation, Inc. (SFI), for a focused mentoring program; and • ‘‘No Workshops . . . No Jump Shots’’ project for case management, counseling and mandatory workshops for at risk

youth. 4. $11,974,000 to expand the Youth Gangs (Part D) program,

which provides grants to public and private nonprofit organizations

to prevent and reduce the participation of at-risk youth in the activities of gangs that commit crimes. 5. $9,978,000 for Discretionary Grants for State Challenge Activities (Part E) to increase the amount of a State’s formula grant by

up to 10 percent, if that State agrees to undertake some or all of

the ten challenge activities designed to improve various aspects of

a State’s juvenile justice and delinquency prevention program. 6. $15,965,000 for the Juvenile Mentoring Program (Part G) to

reduce juvenile delinquency, improve academic performance, and

reduce the drop-out rate among at-risk youth by bringing young

people in high crime areas together with law enforcement officers

and other responsible adults who are willing to serve as long-term

mentors.

7. $94,791,000 for the At-Risk Children’s Program (Title V).

Under Title V juvenile justice programs, the At-Risk Children’s

Program provides funding to support comprehensive delinquency

prevention plans formulated at the community level. The program

targets truancy and school violence; gangs, guns, and drugs; and

other influences that lead juveniles to delinquency and criminality.

Safe Schools Initiative.—The Committee recommends

$14,967,000 within Title V grants for the Safe Schools Initiative.

Within this amount, $5,033,000 is provided for Project Sentry. This

program will create a new Federal and State partnership establishing safe schools task forces across the country that will prosecute and supervise juveniles who violate Federal and State firearms laws and adults who illegally furnish firearms to them. An

additional $14,967,000 is provided for this initiative through the

COPS program, for a total funding level of $20,000,000.

In addition, $2,000,000 of the recommended level shall be used

for purposes authorized in the Secure Our Schools Act (Public Law

106–386), such as metal detectors, locks, lighting and other deterrent measures; security assessments; security training of personnel

and students; and coordination with local law enforcement.

56

Within the overall amounts recommended for the Safe Schools

Initiative, OJJDP is directed to review the following proposals, provide grants if warranted, and submit a report to the Committee on

its intentions regarding:

• ‘‘I Have a Dream’’ Foundation for at-risk youth;

• Home Run Program; and

• North Eastern Massachusetts Law Enforcement Council

for the School Threat Assessment and Response System

(STARS).

Tribal Youth Program.—The Committee recommends

$12,472,000 within the Title V grants for programs to reduce, control, and prevent crime both by and against tribal and Native

youth.

Project ChildSafe.—The Committee recommends $37,000,000 for

Project ChildSafe, an initiative that will ensure gun safety locks

are available for every handgun in America. An additional

$38,000,000 is included for Project ChildSafe in the COPS program,

for a total funding level of $75,000,000.

The Committee supports the use of gun safety locks and encourages the distribution of safety locks to handgun owners. However,

the Committee is concerned with reports that some of these safety

locks have failed or do not work on certain handguns. The Committee understands that the Department of Justice is reviewing the

availability of national standards for gun safety locks. The Department of Justice is directed to work with the National Institute of

Standards and Technology to develop national standards. Funds

recommended for Project ChildSafe may be used to offset the cost

of this effort. Until such national standards are established, no

funds shall be obligated for the purchase and distribution of gun

safety locks and only locks that meet these standards should be

purchased and distributed.

The Committee directs the Department of Justice to submit a report by December 17, 2001, that (1) reports on the status of the development of national standards for handgun safety locks; (2) provides cost estimates for gun safety locks based on the new national

standards; and (3) describes how funding for gun safety locks will

be distributed to the States.

Victims of Child Abuse Act.—The Committee recommends a total

of $8,481,000 for the various programs authorized under the Victims of Child Abuse Act (VOCA). The recommendation is the same

as the request and the current level. The following programs are

included in the recommendation to improve investigations and

prosecutions:

• $1,247,000 to Regional Children’s Advocacy Centers, as authorized by section 213 of VOCA;

• $4,989,000 to establish local Children’s Advocacy Centers,

as authorized by section 214 of VOCA;

• $1,497,000 for a continuation grant to the National Center

for Prosecution of Child Abuse for specialized technical assistance and training programs to improve the prosecution of child

abuse cases, as authorized by section 214a of VOCA; and

• $748,000 for a continuation grant to the National Children’s Alliance for technical assistance and training, as authorized by section 214a of VOCA.

57

PUBLIC SAFETY OFFICERS BENEFITS

The Committee recommendation provides a total of $33,224,000

for death benefits to public safety officers for fiscal year 2002, the

full amount requested and the same amount provided in the current year appropriation. This program, which is considered mandatory for scorekeeping purposes, provides a lump sum death benefit

payment to eligible survivors of Federal, State, and local public

safety officers whose death was the direct and proximate result of

traumatic injury sustained in the line of duty.

The Committee recommendation also includes $2,395,000 for disability benefits for fiscal year 2002, the full amount requested and

the same amount provided in the current year appropriation. This

discretionary program provides disability benefits for Federal

State, and local public safety officers who are permanently disabled

as the result of a catastrophic injury sustained in the line of duty.

No additional funding is required for the Public Safety Officers

Educational Assistance Program for FY 2002. The Department of

Justice indicates that the anticipated carryover balances, which are

currently projected to be over $2,000,000, can cover requests for assistance under this program. This program provides payments for

educational purposes to the children and spouses of Federal, State,

and local public safety officers killed or disabled in the line of duty.

GENERAL PROVISIONS—DEPARTMENT OF JUSTICE

The Committee has included the following general provisions for

the Department of Justice in this bill:

Section 101 provides language, included in previous Appropriations Acts, which makes up to $45,000 of the funds appropriated

to the Department of Justice available for reception and representation expenses.

Section 102 provides language, included in previous appropriations Acts, which continues certain authorities for the Justice Department in fiscal year 2002 that were contained in the Department of Justice Appropriation Authorization Act, Fiscal Year 1980.

Section 103 provides language, included in Appropriations Acts

for the last five years and prior to 1994, which prohibits the use

of funds to perform abortions in the Federal Prison System.

Section 104 provides language, included in previous Appropriations Acts, which prohibits use of the funds in this bill to require

any person to perform, or facilitate the performance of, an abortion.

Section 105 provides language, included in previous Appropriations Acts, which states that nothing in the previous section removes the obligation of the Director of the Bureau of Prisons to

provide escort services to female inmates who seek to obtain abortions outside a Federal facility.

Section 106 provides language, included in previous Appropriations Acts, which allows the Department of Justice to spend up to

$10,000,000 for rewards for information regarding criminal acts

and acts of terrorism against a United States person or property

at levels not to exceed $2,000,000 per award.

Section 107 provides language, similar to language included in

previous Appropriations Acts, which allows the Department of Justice, subject to the Committee’s reprogramming procedures, to

transfer up to 5 percent between any appropriation, but limits to

58

10 percent the amount that can be transferred into any one appropriation.

Section 108 provides language, included in previous Appropriations Acts, allowing certain funds to be available for technical assistance from funds provided under the Juvenile Justice Delinquency Prevention Act of 1974, as amended.

Section 109 provides language, modified from the request, that

authorizes the collection of certain immigration inspections fees,

and increases the amount of other immigration fees already collected.

TITLE II—DEPARTMENT OF COMMERCE AND RELATED

AGENCIES

The Committee recommends a total of $5,192,191,000 for the programs of the United States Trade Representative, the International

Trade Commission and the Department of Commerce for fiscal year

2002. This amount is $21,186,000 above the total request. Compared to the current fiscal year, this amount is $38,019,000 below

the total provided. Of the total amount provided, $4,745,191,000 is

derived from general purpose discretionary funds and $440,000,000

is derived from the conservation category. The remaining

$7,000,000 provided is scored as mandatory spending.

The Committee has continued a structure initiated in fiscal year

1996 under this Title, which reflects the fundamental functions

that will need to be considered as the overall administrative structure of these programs is examined. This reflects the Committee’s

effort to identify and prioritize programs within these agencies and

Departments.

TRADE AND INFRASTRUCTURE DEVELOPMENT

The Committee has included under this section of Title II the Office of the U.S. Trade Representative, the International Trade Commission, and the Department of Commerce agencies responsible for

trade promotion, enforcement, and economic infrastructure development.

RELATED AGENCIES

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

SALARIES AND EXPENSES

The Committee recommends an appropriation of $30,097,000 for

the Office of the United States Trade Representative (USTR) for

fiscal year 2002. The recommendation is $645,000 above the

amount appropriated for fiscal year 2001, and the same as the request.

The Committee notes the importance of the Office of the United

States Trade Representative at a time when several bilateral and

multilateral negotiations could significantly affect the future course

of U.S. trade.

The Office of the United States Trade Representative is responsible for developing and coordinating U.S. international trade, commodity, and direct investment policy, and for leading or directing

negotiations with other countries on such matters.

59

INTERNATIONAL TRADE COMMISSION

SALARIES AND EXPENSES

The Committee recommends an appropriation of $51,440,000 for

the International Trade Commission for fiscal year 2002, the same

amount as in the request and $3,446,000 above fiscal year 2001.

The International Trade Commission is an independent, quasi-judicial agency responsible for conducting trade-related investigations; providing the Congress and the President with independent,

expert technical advice to assist in the development and implementation of U.S. international trade policy; responding to the Congress and the President on various matters affecting international

trade; maintaining the Harmonized Commodity Description and

Coding System of internationally accepted product nomenclature;

providing technical assistance to eligible small businesses seeking

remedies and benefits under the trade laws; and performing other

specific statutory responsibilities ranging from research and analysis to quasi-judicial functions on trade-related matters.

DEPARTMENT OF COMMERCE

INTERNATIONAL TRADE ADMINISTRATION

OPERATIONS AND ADMINISTRATION

The Committee recommends $347,654,000 in total resources for

the programs of the International Trade Administration (ITA) for

fiscal year 2002, $15,064,000 above the amount requested and

$10,952,000 above the current year appropriation. Of this amount,

$344,654,000 is derived from direct appropriations and $3,000,000

from fee collections, which is the same amount of fees instituted in

fiscal year 2001.

The Committee recommendation includes adjustments to base for

all operating units of the International Trade Administration, including the U.S. and Foreign Commercial Service (US&FCS), to

provide adequate resources to fund increased security costs for

overseas posts. The Committee recommendation provides the same

level of support for the operational units as in the current year, including the restoration of congressionally identified priorities.

The following table reflects the distribution of the Committee recommendation by subactivity:

[In thousands of dollars]

ITA Request Recommended

Trade Development .................................................................................................................. $52,792 $66,919

Market Access Compliance ...................................................................................................... 27,687 27,741

Import Administration .............................................................................................................. 43,245 43,346

US & FCS ................................................................................................................................. 195,600 196,791

Under Secretary/Administration ............................................................................................... 13,266 12,857

Offsetting Fee Collections ....................................................................................................... (3,000) (3,000)

Total, ITA .................................................................................................................... 329,590 344,654

Trade Development.—The recommendation provides a total of $66,919,000 for this component, an increase of $14,127,000 above

the request and $2,172,000 above the current year. The Committee

recommendation provides full adjustments to base for fiscal year

2002 to maintain program levels comparable to fiscal year 2001.

60

Funding is restored for two export promotion programs related to

textiles and apparel, the export database, the international competitiveness program, and $500,000 for travel industry statistics.

Market Access Compliance.—The Committee recommends

$27,741,000 for Market Access Compliance, $54,000 above the request and $2,186,000 above the current year. This funding level

provides the full costs of maintaining the new trade compliance

and enforcement personnel and the strike force teams as provided

in fiscal year 2001.

Import Administration.—The Committee recommends

$43,346,000 for the Import Administration, $2,701,000 above the

current year and $101,000 above the request. The recommendation

provides the full costs of maintaining the new positions provided in

fiscal year 2001 for overseas compliance and enforcement and import surge monitoring.

U.S. and Foreign Commercial Service (US&FCS).—The Committee recommends $196,791,000 for the US&FCS, an increase of

$2,967,000 above the request and $2,153,000 above the amount

available in fiscal year 2001. This represents full base funding, including increased costs for payments under the International Cooperative Administrative Support Services (ICASS) system and for increased costs for local guard security services overseas. The Committee has provided an additional $1,000,000 to continue the Rural

Export Initiative. The US&FCS should continue and expand its

Global Diversity Initiative to support minority-owned businesses in

underserved areas, including inner-city urban areas, empowerment

zones and enterprise communities, and Indian reservations. This

initiative should continue to include support for companies that are

export-ready and hoping to enter into and/or expand international

operations.

Executive Direction/Administration.—The Committee recommends $12,857,000 for the administrative and policy functions of

ITA. This amount is $151,000 above the current year and $289,000

below the request.

Language is included in the bill, as has been carried since fiscal

year 1999, designating the amounts available for each unit within

ITA. The Committee reminds ITA that any changes from the funding distribution provided in the bill and report, including carryover

balances, are subject to the standard reprogramming procedures

set forth in section 605 of this Act. ITA shall submit to the Committee, not later than November 15, 2001, a spending plan for all

ITA units that incorporates any carryover of funds.

Trade Missions.—The Committee continues the direction provided last year that all trade missions involving Department of

Commerce agencies must be initiated, coordinated, and administered through ITA.

Buying Power Maintenance.—The Committee directs ITA to report on the impact of exchange rate fluctuations on ITA’s budget

on a quarterly basis, beginning with the last quarter of fiscal year

2001. That report should indicate what has been done with exchange rate gains, which the Committee presumes are being reserved to balance future exchange rate losses.

Trade Show Revenues.—The Committee directs ITA to submit a

report by the date of the fiscal year 2003 budget submission on the

amount of trade show revenues that are collected on an annual

61

basis, how those revenues are used, and how they are reflected in

the budget.

The recommendation deletes language, as proposed, relating to

teletype equipment.

EXPORT ADMINISTRATION

OPERATIONS AND ADMINISTRATION

The Committee recommends an appropriation of $68,893,000 for

the Operations and Administration appropriation of the Bureau of

Export Administration (BXA), $4,182,000 above the current year

level and the same amount as provided in the request. Of the total

amount available, the recommendation provides the following:

Export Administration.—$31,755,000 is provided for export administration activities, the same amount as in the request and

$427,000 above the amount in the current year. The recommendation includes $750,000 to continue Chemical Weapons Convention

implementation, and $496,000 for an additional four export licensing personnel, as requested.

Export Enforcement.—$26,438,000 is provided for export enforcement activities, which is $1,405,000 above the amount provided in

the current year, to pay for continuing operations, including enforcement of dual-use export controls for reasons of national security and counterterrorism, to maximize legal export opportunities

while ensuring illegal exports will be prevented.

Critical Infrastructure Assurance Office (CIAO).—$4,928,000 is

provided for the activities of the CIAO, which is $61,000 above the

current year. The CIAO was created by Presidential Decision Directive 63 (PDD–63) as an interim agency to facilitate coordination

and integration among Federal agencies as those agencies develop

and implement their own critical infrastructure protection and

awareness plans. The Committee remains concerned that this office

may be duplicative of other offices throughout the Federal government. The Committee directs the Department of Commerce to report to the committee on the continued requirements of this office

before September 1, 2001.

Management and Policy Coordination.—$5,772,000 is provided

for Management and Policy Coordination, the amount requested

and $1,721,000 above the current year. The recommendation includes a requested increase of $1,600,000 for the completion of the

development of the Export Control Automated Support System

(ECASS). The Committee notes that the primary responsibility for

non-proliferation activities lies with the Department of Defense,

the Department of Energy and the Department of State, and believes that BXA participation in such activities should be carried

out using funds provided from those agencies.

ECONOMIC DEVELOPMENT ADMINISTRATION

The accompanying bill provides a total of $365,557,000, which is

equal to the amount requested and $73,354,000 below the current

year, for the programs and administrative expenses of the Economic Development Administration (EDA) for fiscal year 2002, as

described below:

62

ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

A total of $335,000,000 is recommended for fiscal year 2002 for

Economic Development Assistance Programs, $75,973,000 below

the current year and the same as the request. The recommendation

reflects the Committee’s continued support for the traditional programs of the EDA that provide needed assistance to communities

struggling with long-term economic downturns as well as sudden

and severe economic downturns. The Committee has retained the

funding structure enacted in previous years to support all communities facing economic hardship.

The Committee notes that EDA was reauthorized in 1999 (Public

Law 105–393) through fiscal year 2003. That authorization locks

into place the work that this Committee, the Transportation and

Infrastructure Committee and EDA have done to reform EDA programs to ensure that funds provided under this account are targeted to the most severely distressed areas, which, absent the assistance provided by the EDA, would have little or no access to resources for critical infrastructure development and capacity building. This puts the program on firm ground to carry out its purpose

to provide the ‘‘seed capital’’ to distressed areas to allow local communities to increase their ability to create new economic opportunities and jobs in accordance with local priorities.

Of the amounts provided, $250,000,000 is for Public Works and

Economic Development, $40,900,000 is for Economic Adjustment

Assistance, $24,000,000 is for planning, $9,100,000 is for technical

assistance, including university centers, $10,500,000 is for trade

adjustment assistance, and $500,000 is for research. The Committee expects EDA to continue its efforts to assist communities

impacted by economic dislocations related to coal industry

downswings and timber industry downturns due to environmental

concerns at no less than the current level of effort.

The Committee notes that the authorization for the Trade Adjustment Assistance program expires at the end of the current fiscal year.

The Committee continues its directive for EDA to discontinue the

use of single purpose grant loans.

SALARIES AND EXPENSES

The Committee recommends $30,557,000 for the salaries and expenses of the Economic Development Administration. The amount

provided is the same amount as requested and $2,619,000 above

the amount provided in the current year.

The Committee has retained language in the bill that provides

the authority to use this appropriation to monitor projects approved under Title I of the Public Works Employment Act of 1976,

Title II of the Trade Act of 1974, and the Community Emergency

Drought Relief Act of 1977.

MINORITY BUSINESS DEVELOPMENT AGENCY

MINORITY BUSINESS DEVELOPMENT

The Committee recommends $28,381,000 for the Minority Business Development Agency (MBDA) for fiscal year 2002. This

amount is the same amount as in the request and $1,127,000 above

63

the amount provided in the current year. The Committee recommendation includes $750,000 for the expansion of the Phoenix

Database, as requested. The Committee recommendation assumes

that the Entrepreneurial Technology Apprenticeship Program

(ETAP) will continue to be supported at its current levels.

ECONOMIC AND INFORMATION INFRASTRUCTURE

The Committee has included under this section of the bill the Department of Commerce agencies responsible for the nation’s basic

economic and technical information infrastructure, as well as the

administrative functions which oversee the development of telecommunications and information policy.

ECONOMIC AND STATISTICAL ANALYSIS

SALARIES AND EXPENSES

The bill provides $62,515,000 for the economic and statistical

analysis programs of the Department of Commerce, including the

Bureau of Economic Analysis, for fiscal year 2002. This amount is

the same as the request and $8,888,000 above the current year.

The request and recommendation include increases of $3,000,000 to

continue to improve core statistics including the Gross Domestic

Product, $3,500,000 to update the information technology systems

of the Bureau, and $2,380,000 for increased costs of operations.

The Economic and Statistics Administration (ESA) is responsible

for the collection, tabulation and publication of a wide variety of

economic, demographic and social statistics and provides support to

the Secretary of Commerce and other Government officials in interpreting the state of the economy and developing economic policy.

The Bureau of Economic Analysis and the Under Secretary for Economic Affairs are funded in this account.

BUREAU OF THE CENSUS

The Committee recommends a total appropriation of

$519,800,000 for the Bureau of the Census for fiscal year 2002.

This represents an increase of $87,121,000 above the current fiscal

year direct appropriation, but is $201,030,000 below the total fiscal

year 2001 program level, which included $300,000,000 in carryover

funding, and is $23,596,000 below the total amount requested in

the President’s budget. In addition, $25,000,000 will be available

from anticipated deobligations, resulting in a total fiscal year 2002

spending level of $544,800,000.

SALARIES AND EXPENSES

The Committee recommends $169,424,000 for the salaries and

expenses of the Bureau of the Census for fiscal year 2002, $863,000

above the request and $12,543,000 above the current year level.

The Committee continues to believe that the Bureau must continue

to streamline and prioritize its programs to ensure that the highest

priority core activities are supported. The Committee also expects

the Bureau to be fully reimbursed for any non-core survey requested by any other Federal agency or private organization.

This appropriation provides for the current statistical programs

of the Bureau of the Census, which includes the measurement of

64

the nation’s economy, including exports, and the demographic characteristics of the population. These programs are intended to provide a broad base of economic, demographic, and social information

used for decision-making by governments, private organizations,

and individuals.

PERIODIC CENSUSES AND PROGRAMS

The Committee recommends a total spending level of $375,376,000 for all periodic censuses and related programs funded

under this heading in fiscal year 2002, a decrease of $201,030,000

below the comparable fiscal year 2001 level, and $541,000 above

the level requested. Of the total amount provided, $25,000,000 is

from anticipated deobligations of contracts from the 2000 decennial

census resulting in a total of $350,376,000 for fiscal year 2002.

Decennial Census Programs.—The recommendation provides full

costs requested in the budget for the decennial census programs,

including $139,238,000 for the costs of 2000 decennial census in fiscal year 2002, of which $25,000,000 is from deobligations from

prior year contracts relating to the 2000 decennial census. The following represents the distribution of funds provided for 2000 Census activities:

Program Development and Management ............................................ $8,606,000

Data Content and Products .................................................................. 68,330,000

Field Data Collection and Support ....................................................... 9,455,000

Automated Data Processing and Telecommunications Support ........ 24,462,000

Testing and Evaluation ......................................................................... 22,844,000

Puerto Rico, Virgin Islands and Pacific Areas .................................... 3,105,000

Marketing, Communications and Partnerships .................................. 2,436,000

Deobligations .......................................................................................... (25,000,000)

Total, 2000 Decennial Census .................................................... 114,238,000

The Committee directs the Bureau to continue to provide the

Committee with monthly reports of the obligation of funds against

each framework.

In addition, the recommendation provides the full request for the

planning, design, and implementation of the long-form transitional

database for the 2010 decennial census, including the American

Community Survey (ACS). Bill language is included designating

funding for the 2010 decennial census. The following represents the

distribution of funds provided for the 2010 Census:

Re-engineered Design Process .............................................................. $21,000,000

Long-Form Transitional Database ....................................................... 29,000,000

Master Address File/Topologically Integrated Geographic Encoding

and Referencing database (MAF/TIGER) ......................................... 15,000,000

Total, 2010 Decennial Census .................................................... 65,000,000

Other Periodic Programs.—In addition, the Committee recommends $171,138,000 for other periodic censuses and programs,

an increase of $25,630,000 above the current year and $541,000

above the request. The following table represents the distribution

of funds provided for other non-decennial periodic census and related programs:

Economic Censuses ................................................................................ $51,958,000

Census of Governments ......................................................................... 5,745,000

Intercensal Demographic Estimates .................................................... 6,048,000

Continuous Measurement ..................................................................... 27,131,000

Demographic Survey Sample Redesign ............................................... 12,583,000

Electronic Information Collection (CASIC) .......................................... 6,254,000

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Geographic Support ............................................................................... 37,624,000

Data Processing Systems ...................................................................... 23,795,000

Total ............................................................................................. 171,138,000

Suitland Facility Requirements.—The Committee recommendation includes language relating to the Suitland Federal Center. The

Committee continues to direct the Census Bureau to work with the

General Services Administration regarding the Suitland Facility.

The Committee recommends bill language, similar to language

included in the fiscal year 2001 Appropriations Act, which provides

separate appropriations for decennial and non-decennial programs

and designates specific amounts for each decennial census framework. The Committee notes that in the recommendation the continuous measurement line combined with funding under the 2010 Decennial heading equals the full request for the ACS.

This appropriations account provides for decennial and quinquennial censuses, and other programs that are cyclical in nature. Additionally, individual surveys are conducted for other Federal agencies on a reimbursable basis.

NATIONAL TELECOMMUNICATIONS AND INFORMATION

ADMINISTRATION

The Committee recommends a total of $72,017,000 for the National Telecommunications and Information Administration (NTIA)

for fiscal year 2002. This amount is $28,199,000 below the current

year appropriation and $1,006,000 below the budget request.

SALARIES AND EXPENSES

The Committee recommends $13,048,000 for the Salaries and Expenses appropriation of the NTIA, which is $1,636,000 above the

current year for the radio spectrum measurement system and

$1,006,000 below the request. The recommendation does not include the full funding for base in the request due to the number

of vacancies remaining unfilled in the current fiscal year. Therefore, the personnel costs associated with these positions should be

used to offset costs of the new measurement system. The Committee recommendation assumes an additional $22,055,000 will be

available to the NTIA through reimbursements from other agencies

for the costs of providing spectrum management, analysis and research services to those agencies, reflecting implementation of a

policy of 80% reimbursement for such services that began in fiscal

year 1999.

PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING AND

CONSTRUCTION

The Committee recommends $43,466,000 for planning and construction grants for public television, radio, and non-broadcast facilities, an increase of $62,000 above the current year and the same

amount as in the request. This amount will allow the continuation

of the existing equipment and facilities replacement program.

Language carried in previous years has been included in the bill

which: (1) provides authority to use a portion of funds under this

heading for program administration as authorized by law; and (2)

permits prior year unobligated balances to be available for grants

66

for projects for which applications have been submitted and approved during any fiscal year.

INFORMATION INFRASTRUCTURE GRANTS

The Committee recommends $15,503,000 for the Information Infrastructure Grants program under NTIA for demonstrations of

new telecommunications technology applications. The recommendation is the same as the request and $29,897,000 below the current

year funding level.

The Committee recommendation reflects the fact that the universal service requirements of the Telecommunications Act of 1996

(Public Law 104–104) will provide significant new opportunities for

bringing the information superhighway to schools and libraries,

which were not previously envisioned when this program was created. It is the Committee’s expectation that this action will reduce

the burden on the National Information Infrastructure (NII) program. The Committee notes some overlap between this program

and technology programs under the Department of Justice, Community Oriented Policing Services, with respect to grants for public

safety.

The Committee continues bill language making funds provided

under this heading available for program administration and related program support activities at the fiscal year 2001 level. The

bill also includes language carried in previous Appropriations Acts

which will allow up to five percent of this appropriation to be available for telecommunications research activities directly related to

the development of the NII.

UNITED STATES PATENT AND TRADEMARK OFFICE

SALARIES AND EXPENSES

The bill provides a total funding level of $1,129,001,000 for the

Patent and Trademark Office (PTO) in fiscal year 2002, which is

$91,993,000 above the current year level and $10,000,000 below the

request. In addition to $846,701,000 in direct appropriations,

$10,000,000 is available from anticipated unobligated balances

from the current year, for a total spending level of $1,139,001,000

for fiscal year 2002.

The Committee remains concerned that the Patent and Trademark Office is unable to meet the demands of the increasing number of patent applications. The Committee is concerned that, with

the increased funding the Office has received in the past, there is

no measurable increase in performance. Every agency must set performance measures and strive to meet them. If these goals are not

met, then the agency must be able to answer the questions from

Congress and their customers as to why it was unable to meet its

goals. The PTO and the patent user community have continually

criticized the Congress and the Administration for not allowing full

access to their fees in the year they are received, yet PTO has been

unsuccessful in proving that increased funding will decrease the

amount of time it takes an applicant to receive a patent. PTO bases

its budget submission on anticipated fee income, which is derived

from an estimation of its anticipated workload. However, there is

no indication that the existing level of fees was developed based on

any direct relationship to the actual costs of doing business. ThereVerDate 11-MAY-2000 04:04 Jul 14, 2001 Jkt 089006 PO 00000 Frm 00066 Fmt 6659 Sfmt 6602 E:\HR\OC\HR139.000 pfrm02 PsN: HR139
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fore, the Committee directs the United States Patent and Trademark Office, in consultation with the Department of Commerce, to

develop a requirements-based budget structure. This revised budget structure proposal should include the number of actual trademark examiners required to perform the examinations, the number

of examiners the PTO would be able to hire and train during the

fiscal year, the number of patent applications to be processed while

maintaining accuracy, and a timeline and incremental budget plan

for technological requirements to assist the processing of applications. This proposal is to be submitted to the House Appropriations

Committee by September 30, 2001. In addition, the PTO is directed

to provide to the Committee quarterly reports of obligations in the

above-mentioned format beginning with the last quarter of fiscal

year 2001. Further, the Committee directs the PTO to submit the

fiscal year 2003 budget submission in the above-mentioned format.

The Committee commends the Patent and Trademark Office on

its efforts to afford its employees the opportunity to telework.

The recommendation does not include requested language regarding representation funds. The recommendation does include

other requested technical changes.

Within the amounts available to the PTO in fiscal year 2002, the

Committee expects that not less than $3,000,000 will be provided

to expand PTO’s relationship with the National Inventor’s Hall of

Fame and Inventure Place, and not less than $1,000,000 will be

provided to the International Intellectual Property Institute to promote sustainable development in developing countries and to protect business interests by assisting in the establishment of intellectual property legal frameworks.

The Patent and Trademark Office is charged with administering

the patent and trademark laws of the United States. PTO examines patent applications, grants patent protection for qualified inventions, and disseminates technological information disclosed in

patents. PTO also examines trademark applications and provides

Federal registration to owners of qualified trademarks.

SCIENCE AND TECHNOLOGY

The Committee has included under this section of Title II the Department of Commerce agencies responsible for scientific and technological research and programs.

TECHNOLOGY ADMINISTRATION

OFFICE OF THE UNDER SECRETARY/OFFICE OF TECHNOLOGY POLICY

SALARIES AND EXPENSES

The Committee recommends $8,094,000 for the Technology Administration’s Office of the Under Secretary/Office of Technology

Policy. This amount is $32,000 above the current year and

$144,000 below the request. The Committee recommendation does

not provide the full amount requested due to a number of positions

remaining unfilled during fiscal year 2001. The Committee continues the direction included since fiscal year 1998 regarding the

use of Technology Administration and Department of Commerce resources to support foreign policy initiatives and programs.

68

NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

The Committee recommends a total of $488,996,000 for the appropriations accounts under the National Institute of Standards

and Technology (NIST) for fiscal year 2002. The recommendation

is $1,549,000 above the budget request for pay increases and

$108,020,000 below the current year level due to two one-time only

projects and the discontinuation of the Advanced Technology Program. A description of each account and the Committee recommendation follows:

SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES

The Committee has provided $348,589,000 for the Scientific and

Technical Research and Services (core programs) appropriation of

the National Institute of Standards and Technology. This amount

is $36,660,000 above the amount provided in fiscal year 2001 and

$1,301,000 above the request. It should be noted that the budget

request includes a transfer of $20,000,000 and 154 positions from

the Industrial Technology Services account to maintain the same

level of research efforts as in the current year for NIST core research, despite the discontinuation of new funding for the Advanced Technology Program.

The Committee notes that, in an era of declining budgets, the

core programs of NIST have enjoyed significant support, receiving

continued program increases. Overall funding for these programs

has grown from $240,000,000 in fiscal year 1995 to $311,929,000

in fiscal year 2001. The Committee understands the importance of

the research done by this agency, and recommends funding to

maintain the current level of operations. In addition, the Committee, by September 15, 2001, expects NIST to review NOAA’s minority serving institutions program and report back to the Committee on NIST’s plan to implement a similar program.

The following is a breakdown of the amounts provided under this

account by activity.

[In thousands of dollars]

NIST STRS FY02 request FY02 recommendation

Electronics and Electrical ........................................................................................................ $41,132 $41,286

Manufacturing ......................................................................................................................... 20,352 20,428

Chemical .................................................................................................................................. 38,712 38,857

Physics ..................................................................................................................................... 37,054 37,193

Materials .................................................................................................................................. 62,532 62,766

Building and Fire ..................................................................................................................... 15,982 16,042

Computer Science and Applied Mathematies ......................................................................... 59,478 59,698

Technology Assistance ............................................................................................................. 17,679 17,745

Baldridge ................................................................................................................................. 5,403 5,423

Research Support .................................................................................................................... 43,972 37,651

National Institute for Infrastructure Protection ...................................................................... 4,992 11,500

Total, STRS ................................................................................................................. 347,288 348,589

Within the amounts provided for the Critical Infrastructure Pro- tection Grants program, $6,500,000 is for the George Mason University School of Law and James Madison University to establish

a critical infrastructure program to conduct research on critical infrastructure protection.

69

Within the Research Support program, $2,400,000 is for a grant

to the Software Productivity Consortium to demonstrate technologically the effectiveness of telework.

Further, the Committee continues the directive included in previous years regarding the placement of additional NIST personnel

or support for Foreign Service nationals overseas.

INDUSTRIAL TECHNOLOGY SERVICES

The Committee recommends $119,514,000 for the Industrial

Technology Services appropriation of the National Institute of

Standards and Technology. This amount is $130,771,000 below the

current year appropriation and $248,000 above the request.

Manufacturing Extension Partnership Program.—The Committee

has included $106,522,000 for the Manufacturing Extension Partnership (MEP) Program, $248,000 above the request for pay increases and $1,616,000 above the current year. This recommendation includes the expectation that funding is provided for the existing centers and not for new initiatives.

Advanced Technology Program.—The Committee recommendation includes $12,992,000 to fully fund prior year commitments of

the Advanced Technology Program. The President’s budget proposes to discontinue funding for new grants in fiscal year 2002. The

fiscal year 2000 and 2001 House appropriation bills did not include

funding for this program and recommended that the ATP program

be terminated.

The advocates for the ATP program have always had to answer

a number of fundamental questions, such as whether the program

achieves results that could not be achieved through the private

marketplace; whether it funded technology development and commercialization that would not be undertaken but for the existence

of the program; and whether the Federal government should play

a role in picking technologies to be developed and then funding

that development at substantial government expense.

After many years in existence, the program has not produced a

body of evidence to overcome those fundamental questions about

whether the program should exist in the first place.

CONSTRUCTION OF RESEARCH FACILITIES

The Committee recommendation includes $20,893,000 for construction, renovation, and maintenance of NIST facilities. The recommendation is the same as the amount in the request and

$13,909,000 below the current year due to non-recurring projects.

This account supports all NIST activities by providing the facilities necessary to carry out the NIST mission. The Institute has

proposed a multiyear effort to renovate NIST’s current buildings

and laboratory facilities in compliance with more stringent science

and engineering program requirements.

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

The Committee recommends a total of $3,092,728,000 in new

budget authority, of which $7,000,000 is mandatory spending, for

the six appropriation items of the National Oceanic and Atmospheric Administration (NOAA) and transfers totaling $71,000,000.

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quest, and an increase of $51,939,000 over the current year. The

amount provided includes a total of $440,000,000 for programs in

the conservation spending category.

For the fiscal year 2002 budget, the House and Senate Appropriations staff along with NOAA managers have realigned the

NOAA budget structure. Funding is provided to maintain NOAA

core operations, including the National Weather Service, mapping

and charting, satellite operations, fishery management programs,

atmospheric research and ocean conservation programs. Funding

for new initiatives was provided at a lower level than requested,

but most core programs were provided at least the requested level.

OPERATIONS, RESEARCH, AND FACILITIES

(INCLUDING TRANSFERS OF FUNDS)

The bill includes $2,200,298,000 in new budget authority for the

coastal, fisheries, marine, weather, environmental, satellite, and

other programs funded in this appropriation. This amount is an increase of $19,989,000 above the fiscal year 2002 request. Of this

amount, $304,000,000 is provided under the conservation account.

In addition to the new budget authority provided for the NOAA

ORF account, the Committee recommends a transfer of $68,000,000

from balances in the account entitled, ‘‘Promote and Develop Fishery Products and Research Pertaining to American Fisheries.’’ The

total amount provided also includes prior year deobligations totaling $17,000,000, and $3,000,000 from collections from the Coastal

Zone Management Fund, the same amount proposed in the budget.

The bill also includes language to allow NOAA to retain gifts and

contributions made under the Marine Sanctuary Program. The

Committee expects NOAA to fully utilize the authorities provided

for this program.

Language is also included in the bill specifying the total amount

of direct obligations available for each of the six NOAA line offices

and other related activities funded through this account. The Committee has taken this action to provide greater clarity and accountability in budgeting and management for the diverse activities

funded in this account. In addition, the bill also modifies language

from the fiscal year 2001 Act regarding the practice of assessing

NOAA line organizations, programs, projects, and activities, to support NOAA and line office overhead and programs over and above

the amounts specifically provided. The Committee reminds NOAA

that administrative charges levied against certain activities assigned in the bill are limited to no more than five percent. Language carried in prior years regarding funding and personnel in

Executive Direction and Administration has been discontinued, as

proposed. In addition, language is continued from prior years regarding the use of deobligations in excess of amounts estimated in

the budget.

Further, the Committee expects NOAA to follow the direction

given in this section of the report as well as the sections addressing

the Committee’s reprogramming requirements.

This year, the Committee and NOAA have worked together to

prepare a new budget structure to realign resources within the National Marine Fisheries Service and the Office of Atmospheric Research line office, and realigns funding for data acquisition (ship

71

time) components under the Program Support account. In addition,

there is a reallocation from the President’s request of $10,750,000

from NESDIS, under the Procurement Acquisition, and Construction account to NESDIS, under the Operations, Research, and Facilities account.

The following revised and extended table compares the Committee recommendation to the President’s request for the activities,

sub-activities, and projects funded in this appropriation. The table

has been expanded from prior years to provide greater clarity. Report language is provided for Committee direction or to provide additional information.

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION OPERATIONS, RESEARCH, AND FACILITIES

FISCAL YEAR 2002

[In thousands of dollars]

FY 2002 President’s requestFY 2002 House

recommendation

NATIONAL OCEAN SERVICE

Navigation Services:

Mapping & Charting:

Base ....................................................................................................................... 37,016 37,183

Electronic Navigational Charts .............................................................................. 3,554 1,777

Shoreline Mapping ................................................................................................. 1,000 1,500

Coastal Storms ...................................................................................................... 1,000 500

Joint Hydrographic Center ..................................................................................... 2,580 2,580

Address Survey Backlog/Contracts ................................................................................. 20,450 24,985

Subtotal, Mapping & Charting .................................................................................. 65,600 68,525

Geodesy:

Base ....................................................................................................................... 20,550 20,612

National Spacial Reference System ...................................................................... 500 0

Height Modernization Study—NGS Implementation ............................................. 250 250

Height Modernization Study—NC .......................................................................... 1,000 1,000

Height Modernization Study—CA Spatial Ref. Center .......................................... 1,000 1,000

SC Geodetic Survey ................................................................................................ 500 0

Subtotal, Geodesy .............................................................................................. 23,800 22,862

Tide & Current Data ....................................................................................................... 17,250 19,295

Total, Navigation Services ......................................................................................... 106,650 110,682

Ocean Resources Conservation & Management—Estuarine and Coastal Assessment:

Ocean Assessment Program:

Base ....................................................................................................................... 13,608 13,721

Coastal Storms ...................................................................................................... 1,000 0

Beaufort/Oxford ...................................................................................................... 3,500 2,917

Ocean Assessment Program—Conservation:

Pfiesteria and HAB Rapid Response ..................................................................... 3,925 3,925

South Florida Ecosystem ....................................................................................... 900 900

Coastal Services Center ........................................................................................ 18,900 18,900

JASON ..................................................................................................................... 2,500 2,500

Coral Reef Program ............................................................................................... 14,000 14,000

Harmful Algal Blooms ........................................................................................... 5,000 5,000

CICEET ................................................................................................................... 5,800 4,800

Lake Pontchartrain ................................................................................................ 0 1,500

CREST .................................................................................................................... 0 500

CI-CORE ................................................................................................................. 0 2,000

National Coral Reef Institute—HI ......................................................................... 1,000 1,000

National Coral Reef Institute—FL ........................................................................ 500 500

National Coral Reef Institute—P.R. ...................................................................... 500 500

National Fish and Wildlife Foundation .................................................................. 1,000 1,500

72

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION OPERATIONS, RESEARCH, AND FACILITIES

FISCAL YEAR 2002—Continued

[In thousands of dollars]

FY 2002 President’s requestFY 2002 House

recommendation

Subtotal, Ocean Assessment Program—Conservation ..................................... 54,025 57,525

Total, Ocean Assessment Program ............................................................................ 72,133 74,163

Response and Restoration:

Base ....................................................................................................................... 2,000 2,078

Estuarine and Coastal Assessment ...................................................................... 3,568 3,000

Damage Assessment Program ............................................................................... 5,200 5,200

Oil Pollution Act of 1990 ....................................................................................... 1,000 1,000

Coastal Protection and Restoration Project .......................................................... 1,000 1,000

Spill Response and Restoration Program ............................................................. 2,000 2,000

Estuary Restoration Act ......................................................................................... 2,000 0

Aquatic Resources Environmental Initiative ......................................................... 0 8,000

Subtotal, Response and Restoration ................................................................ 16,768 22,278

Ocean and Coastal Research:

Base ....................................................................................................................... 6,000 6,020

Fish Forensics/Enforcement ................................................................................... 1,300 1,247

MERHL .................................................................................................................... 1,500 1,277

Pfiesteria/Toxins Research ..................................................................................... 1,000 1,000

Subtotal, Ocean and Coastal Research ............................................................ 9,800 9,544

Subtotal, Estuarine and Coastal Assessment .................................................. 98,701 105,985

Coastal Ocean Program:

Base ....................................................................................................................... 12,890 11,497

ECOHAB .................................................................................................................. 4,200 4,300

Hypoxia ................................................................................................................... 0 1,100

South Florida Ecosystem ....................................................................................... 1,300 1,300

Subtotal, Coastal Ocean Program .................................................................... 18,390 18,197

Total, Ocean Resources Conservation & Assessment ...................................... 117,091 124,182

Coastal Management:

Coastal Zone Management Grants ........................................................................ 68,963 68,963

Program Administration ......................................................................................... 6,382 6,382

National Estuarine Research Reserve System ...................................................... 16,400 16,400

Nonpoint Pollution Implementation Grants ........................................................... 10,000 10,000

Marine Protected Areas ......................................................................................... 3,000 3,000

Subtotal, Coastal Management—Conservation ............................................... 104,745 104,745

Marine Sanctuary Program:

Base ....................................................................................................................... 34,000 33,500

Sanctuaries SSE Data Collection .......................................................................... 2,000 2,000

Northwest Straits Citizens Advisory Commission .................................................. 0 500

Subtotal, Marine Sanctuary Program—Conservation ....................................... 36,000 36,000

Total, National Ocean Service—Conservation .................................................. 194,770 198,270

Total, National Ocean Service ........................................................................... 364,486 375,609

NATIONAL MARINE FISHERIES SERVICE

Fisheries Research and Management Services:

Science and Technology:

Base, including information analysis and discrimination .................................... 86,614 86,930

AKFIN ...................................................................................................................... 3,000 3,000

Alaska Groundfish Monitoring—Base ................................................................... 2,087 2,087

73

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION OPERATIONS, RESEARCH, AND FACILITIES

FISCAL YEAR 2002—Continued

[In thousands of dollars]

FY 2002 President’s requestFY 2002 House

recommendation

Alaska Groundfish Monitoring—Bering Sea Fishermen ....................................... 150 150

Alaska Groundfish Monitoring—Crab Research ................................................... 850 850

Alaska Groundfish Monitoring—Gulf of Alaska Coastal Communities ................ 175 175

Alaska Groundfish Monitoring—NMFS Field Fishery Monitoring .......................... 300 300

Alaska Groundfish Monitoring—NMFS Rockfish Research ................................... 350 350

Alaska Groundfish Monitoring—Rockfish Research/Crab .................................... 238 238

Alaska Groundfish Monitoring—State of AK crab, scallop license limitation ..... 1,000 0

Alaska Groundfish Monitoring—Winter Pollock Survey ........................................ 1,000 500

Alaska Groundfish Surveys—Base ........................................................................ 661 661

Alaska Groundfish Surveys—Calibration Studies ................................................. 239 0

Alaska—Steller Sea Lion/Pollock Research—N. Pacific Council ......................... 2,000 1,250

Alaska—Steller Sea lions Predator Prey Relationships ........................................ 2,000 2,000

Alaska—Bering Sea Pollock Research .................................................................. 945 945

Alaska—Chinook Salmon Research at Auke Bay ................................................. 300 150

Alaska—North Pacific and Bering Sea—Ocean Climate Impacts ...................... 6,000 3,000

Alaska—Magnuson Stevens Implementation ....................................................... 4,350 4,350

American Fisheries Act—Base .............................................................................. 3,526 3,526

Aquaculture ............................................................................................................ 1,000 250

Atlantic Herring and Mackerel .............................................................................. 200 200

Bluefin Tuna Tagging ............................................................................................ 600 600

Bluefish/Striped Bass—Base ................................................................................ 1,500 1,550

Computer Hardware and Software ........................................................................ 4,000 4,000

Cooperative Research—National Cooperative Research ...................................... 3,000 2,500

Cooperative Research—Southeast ........................................................................ 3,000 3,000

Cooperative Research—Northeast ........................................................................ 5,000 5,000

Cooperative Research—Northeast Consortium ..................................................... 5,000 0

Cooperative Research Implementation—NMFS ..................................................... 3,500 0

Cooperative Research and Marine Education—NEC ............................................ 200 0

Driftnet Act Implementation—Base ...................................................................... 1,800 1,800

Driftnet Act Implementation—Pacific Rim Fisheries ........................................... 150 150

Driftnet Act Implementation—Science Observer Russian EEZ ............................ 250 250

Driftnet Act Implementation—State Participaton AK/WA ..................................... 200 0

Expand Stock Assessments—Improve Data Collection ........................................ 15,000 3,000

NMFS Facilities Maintenance ................................................................................ 4,400 4,200

Fish Statistics—Base ........................................................................................... 13,902 13,902

Fish Statistics—Atlantic Coastal Cooperative Statistics Program ...................... 1,500 1,500

Fish Statistics—Economics and Social Sciences Research ................................. 3,365 1,996

Fish Statistics—National Fisheries Information System ...................................... 8,000 2,350

Fish Statistics—National Standard 8 .................................................................. 1,000 500

Fisheries Development Program—Product Quality and Safety/Seafood Inspection .................................................................................................................... 8,685 8,685

Fisheries Oceanography ......................................................................................... 1,500 0

Great South Bay Hard Clams ................................................................................ 0 500

GULFFIN Data Collection Effort ............................................................................. 3,500 3,500

Gulf of Maine Groundfish Survey .......................................................................... 567 567

Gulf of Mexico Consortium .................................................................................... 1,500 2,500

Gulf and South Atlantic Fisheries ......................................................................... 0 500

Hawaii Stock Management Plan ........................................................................... 500 500

JIMAR ..................................................................................................................... 2,250 2,250

Lobster Sampling ................................................................................................... 150 0

MARFIN—Base ...................................................................................................... 2,500 2,500

MARFIN—NE Activities .......................................................................................... 250 250

MARFIN—Red Snapper .......................................................................................... 750 750

MarMap .................................................................................................................. 850 850

New England Stock Depletion ............................................................................... 1,000 1,000

Observers/Training—Atlantic Coast Observers ..................................................... 3,350 3,350

Observers/Training—East Coast Observers .......................................................... 350 350

Observers/Training—HI Longline Observer Program ............................................ 1,200 1,200

Observers/Training—N. Pacific Marine Resources Observers .............................. 1,875 1,875

Observers/Training—N. Pacific Observer Program ............................................... 425 425

Observers/Training—West Coast Observers ......................................................... 2,275 3,275

Observers/Training—NMFS National Program ...................................................... 4,000 1,000

74

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION OPERATIONS, RESEARCH, AND FACILITIES

FISCAL YEAR 2002—Continued

[In thousands of dollars]

FY 2002 President’s requestFY 2002 House

recommendation

Ocean Coastal and Waterway/Pascagoula ............................................................ 1,000 0

PACFIN Catch Effort Data ..................................................................................... 3,000 3,000

Pacific Highly Migratory Species Research ........................................................... 1,000 500

RECFIN—Recreational Fishery Harvest Monitoring ............................................... 3,700 3,700

Red Snapper Monitoring and Research ................................................................ 7,500 7,500

Reduce Fishing Impacts on Essential Fish Habitat ............................................. 1,000 500

SEAMAP .................................................................................................................. 1,400 1,400

Shrimp Pathogens ................................................................................................. 300 150

South Carolina Taxonomic Center ......................................................................... 350 350

Swordfish Research ............................................................................................... 400 400

West Coast Groundfish .......................................................................................... 5,070 5,370

Subtotal, Science and Technology .................................................................... 254,549 215,907

Conservation and Management:

Base ....................................................................................................................... 7,775 7,775

Alaska Near Shore Fisheries .................................................................................. 500 500

Alaska/Bering Sea Crab ........................................................................................ 500 500

Alaska—Magnuson Stevens Implementation ....................................................... 2,050 2,050

Alaska—Yukon River Chinook Salmon—Base ..................................................... 1,000 1,000

Alaska—Yukon River Chinook Salmon—Y.R. Drainage Fisheries Asso ............... 500 0

Alaska—American Fisheries Act ........................................................................... 500 0

Alaska—North Pacific Council—American Fisheries Act .................................... 500 0

American Fisheries Act—Base .............................................................................. 2,174 2,174

Anadromous Grants ............................................................................................... 2,100 2,100

Columbia River Hatcheries—Operations .............................................................. 11,457 11,457

Columbia River Hatcheries—Monitor, Evaluation and Reform ............................ 1,700 1,700

Fisheries Management Programs .......................................................................... 31,257 31,257

Halibut/Sablefish ................................................................................................... 1,200 1,200

Interjurisdictional Fisheries Grants ....................................................................... 2,590 2,590

International Fisheries Commissions .................................................................... 400 400

Interstate Fish Commissions—3 Commissions .................................................... 750 750

Interstate Fish Commissions—Atlantic Cooperative Management ...................... 7,250 7,250

Management of George’s Bank ............................................................................. 478 478

NMFS NEPA ............................................................................................................ 8,000 8,000

Pacific Salmon Treaty—NMFS Research Base ..................................................... 5,612 5,612

Pacific Salmon Treaty—NMFS Research Chinook Salmon Agreement ................. 1,844 1,844

Refine Essential Fish Habitat Designations ......................................................... 1,500 1,500

Regional Councils .................................................................................................. 15,650 14,150

Subtotal, Conservation and Management ........................................................ 107,287 104,287

Total, Fisheries Research and Management Services ...................................... 361,836 320,194

Protected Resources Research and Management Services:

Science and Technology:

Base ....................................................................................................................... 11,984 12,037

Alaska Sea Life Center—Steller Sea Lion Recovery ............................................. 3,000 0

Alaska Steller Sea Lion Recovery Plan—Base ..................................................... 22,000 20,030

Alaska Steller Sea Lion Recovery Plan—N. Pacific Univ MM Consortium ........... 800 0

Alaska Steller Sea Lion Recovery Plan—Univ of AK Gulf Apex Predator ............. 1,000 0

Atlantic Salmon Research ..................................................................................... 710 710

Antarctic Research ................................................................................................ 1,500 1,500

Columbia River—Endangered Species Studies .................................................... 299 299

Dolphin Encirclement ............................................................................................. 3,300 3,300

Dolphin Yellowfin Tuna Research .......................................................................... 250 250

Protected Species—Conservation:

Endangered Species Act—Atlantic Salmon .......................................................... 3,000 1,295

Marine Mammals .............................................................................................. 4,500 4,500

Other Species .................................................................................................... 2,700 2,700

Pacific Salmon Recovery ................................................................................... 17,450 17,450

Right Whale Activities ....................................................................................... 3,100 3,100

75

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION OPERATIONS, RESEARCH, AND FACILITIES

FISCAL YEAR 2002—Continued

[In thousands of dollars]

FY 2002 President’s requestFY 2002 House

recommendation

Right Whale Activities NE Consortium ............................................................. 2,900 2,900

Sea Turtles ........................................................................................................ 6,338 6,338

Steller Sea Lions ............................................................................................... 850 850

Habitat Conservation ............................................................................................. 4,598 4,598

Hawaiian Monk Seals ............................................................................................ 800 850

Hawaiian Sea Turtles ............................................................................................ 300 300

Hawaiian Sea Turtle research and data collection .............................................. 3,000 3,000

Marine Mammal Protection—Base ....................................................................... 2,641 2,641

Marine Mammal Protection—AK Harbor Seal Research ....................................... 900 900

Habitat Conservation ............................................................................................. 1,761 1,761

Marine Mammal Protection—Base ....................................................................... 4,584 4,584

Marine Mammal Strandings .................................................................................. 4,000 4,000

Protected Species Management—Base ................................................................ 5,276 5,276

Protected Species Management—Bottlenose Dolphin Research .......................... 750 750

Rancho Nuevo Sea Turtles .................................................................................... 350 350

Subtotal, Protected Species—Conservation ..................................................... 69,798 68,143

Subtotal, Protected Resources .......................................................................... 114,641 106,269

Conservation and Management Services:

Base ....................................................................................................................... 4,988 5,135

Atlantic Salmon Recovery Plan ............................................................................. 450 450

Chinook Salmon Management ............................................................................... 150 150

Endangered Species Act—Atlantic Salmon .......................................................... 500 500

Endangered Species Act—Pacific Salmon Recovery ............................................ 20,500 20,500

Endangered Species Act—Right Whale Activities ................................................ 1,000 1,000

Native Marine Mammals—Alaska Eskimo Whaling Commission ......................... 400 0

Native Marine Mammals—Alaska Harbour Seals ................................................ 150 0

Native Marine Mammals—Aleut Pacific Marine Resources Observers ................ 125 125

Native Marine Mammals—Beluga Whale Committee .......................................... 225 225

Native Marine Mammals—Bristol Bay Native Association .................................. 50 0

Protected Species Management—Base ................................................................ 3,234 3,234

Protected Species Management—California Sea Lions ....................................... 750 750

Protected Species Management—NFWF Species Management ............................ 1,000 1,000

Protected Species Management—State of Maine Salmon Recovery .................... 1,500 1,000

Southestern Sea Turtles ........................................................................................ 300 300

State of Maine Recovery Plan ............................................................................... 150 150

Steller Sea Lion Recovery—State of AK Work ...................................................... 2,500 711

Subtotal, Conservation and Management Services .......................................... 37,972 35,230

Subtotal, Protected Resources .......................................................................... 152,613 141,499

Habitat Conservation:

Sustainable Habitat Management:

Base ....................................................................................................................... 2,000 2,038

Charleston Bump ................................................................................................... 300 300

Chesapeake Bay Multi-Species Management ....................................................... 500 500

Chesapeake Bay Oyster Restoration ...................................................................... 850 2,000

Chesapeake Bay Studies ....................................................................................... 2,000 2,500

Coral Reef .............................................................................................................. 11,000 11,000

Habitat Conservation ............................................................................................. 2,960 2,960

Alaska—Magnuson Stevens Implementation ....................................................... 850 350

Subtotal, Sustainable Habitat Management .................................................... 20,460 21,648

Fisheries Habitat Restoration:

Base ....................................................................................................................... 1,316 1,324

Bronx River Recovery and Restoration .................................................................. 0 500

Fisheries Habitat Restoration—Base .................................................................... 10,000 10,000

Fisheries Habitat Restoration—Bronx River ......................................................... 1,000 1,000

76

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION OPERATIONS, RESEARCH, AND FACILITIES

FISCAL YEAR 2002—Continued

[In thousands of dollars]

FY 2002 President’s requestFY 2002 House

recommendation

Fisheries Habitat Restoration—Pinellas County ................................................... 1,000 1,500

Habitat Conservation ............................................................................................. 1,116 1,116

Subtotal, Fisheries Habitat Restoration ............................................................ 14,432 15,440

Subtotal Habitat Conservation—Conservation ................................................. 34,892 37,088

Enforcement and Surveillance:

NMFS Enforcement:

Driftnet Act Implementation/Base ......................................................................... 1,375 1,375

Enforcement and Surveillance—Base .................................................................. 22,420 22,465

Enforcement and Surveillance—Coop agreements w/States ............................... 2,500 2,500

Enforcement and Surveillance—Vessel Monitoring System ................................. 7,400 2,000

Subtotal, NMFS Enforcement ............................................................................ 33,695 28,340

Cooperative Enforcement with States ..................................................................................... 15,000 15,000

Subtotal, Enforcement and Surveillance .......................................................... 48,695 43,340

Total, National Marine Fisheries Service—Conservation ................................. 104,690 105,231

Total, National Marine Fisheries Service .......................................................... 598,036 542,441

OCEAN AND ATMOSPHERIC RESEARCH

Climate Research:

Laboratories & Joint Institutes:

Aeronomy Laboratory .............................................................................................. 8,089 8,111

Atlantic Oceanographic and Meteorological Laboratory ........................................ 5,676 5,691

Air Resources Laboratory ....................................................................................... 3,438 3,447

Climate Diagnostic Center .................................................................................... 2,548 2,555

Climate Monitoring and Diagnostic Laboratory .................................................... 5,937 5,952

Environmental Technology Laboratory ................................................................... 242 243

Forecast Systems Laboratory ................................................................................. 156 156

Geophysical Fluid Dynamics Laboratory ................................................................ 14,191 14,229

Pacific Marine Environmental Laboratory ............................................................. 8,344 8,523

Space Environmental Center ................................................................................. 235 236

Subtotal, Laboratories & Joint Institutions ....................................................... 48,856 49,143

Climate & Global Change Program:

Climate and Global Change (Base, competitive grants) ...................................... 67,854 69,875

Variability beyond ENSO ........................................................................................ 1,000 1,000

Climate Forcing Agents ......................................................................................... 1,000 1,000

Accelerating Climate Models—International Research Institute ......................... 2,750 2,750

Subtotal, Climate & Global Change Program .................................................. 72,604 74,625

Climate Observations & Services:

Climate Reference Network ................................................................................... 3,000 3,000

Climate Data & Info .............................................................................................. 1,000 1,000

Baseline Observatories .......................................................................................... 2,000 2,000

Ocean Observations/Ocean Systems ..................................................................... 4.352 3.852

Argo Floats ............................................................................................................. 7,950 7,950

Regional Assessments, Education and Outreach ................................................. 1,850 1,850

Climate Change Assessments ............................................................................... 650 650

Weather-Climate Connection ................................................................................. 900 900

Carbon Cycle Monitoring ....................................................................................... 2,300 2,300

Subtotal, Climate Observations & Services ...................................................... 24,002 23,502

Partnership Programs:

Institute for Study of Earth, Ocean & Space (CCRC) ........................................... 2,000 0

International Pacific Research Center (U of HI) ................................................... 500 0

77

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION OPERATIONS, RESEARCH, AND FACILITIES

FISCAL YEAR 2002—Continued

[In thousands of dollars]

FY 2002 President’s requestFY 2002 House

recommendation

Central CA Ozone Study ........................................................................................ 0 250

Subtotal, Partnership Programs ........................................................................ 2,500 250

Total, Climate Research .................................................................................... 147,962 147,520

Weather & Air Quality Research:

Laboratories & Joint Institutes:

Aeronomy Laboratory .............................................................................................. 2,048 2,054

Atlantic Oceanographic and Meteorological Laboratory ........................................ 3,910 3,921

Air Resources Laboratory ....................................................................................... 2,072 2,077

Climate Monitoring and Diagnostic Laboratory .................................................... 166 166

Environmental Technology Laboratory ................................................................... 6,845 6,864

Forecast Systems Laboratory ................................................................................. 10,617 10,646

Geophysical Fluid Dynamics Laboratory ................................................................ 3,069 3,077

National Severe Storms Laboratory ....................................................................... 7,531 7,552

Pacific Marine Environmental Laboratory ............................................................. 263 264

Space Environmental Center ................................................................................. 7,222 7,242

Subtotal, Laboratories & Joint Institutes .......................................................... 43,743 43,863

U.S. Weather Research Program:

U.S. Weather Research Program Base (USWRP) ................................................... 3,731 3,000

Space-Based Wind Profile Lidar Technology ......................................................... 1,000 0

Subtotal, U.S. Weather Research Program ....................................................... 4,731 3,000

Total, Weather & Air Quality Research ............................................................. 48,474 46,863

Ocean, Coastal, and Great Lakes Research:

Laboratories & Joint Institutes:

Atlantic Oceanographic and Meteorological Laboratory ........................................ 2,720 2,720

Coral Reef Watch—Conservation Category .......................................................... 499 499

Environmental Technology Laboratory ................................................................... 445 445

Great Lakes Environmental Research Laboratory ................................................. 8,232 8,232

Pacific Marine Environmental Laboratory ............................................................. 7,389 7,389

Subtotal, Laboratories & Joint Institutes .......................................................... 19,285 19,285

National Sea Grant College Program:

National Sea Grant College Program Base (Base) ............................................... 56,400 56,410

Aquatic Nuisance Species/Zebra Mussel Research .............................................. 3,000 3,000

Gulf of Mexico Oyster Initiative ............................................................................. 1,000 1,000

Oyster Disease Research ....................................................................................... 2,000 2,000

Subtotal, National Sea Grant College Program ................................................ 62,400 62,410

National Undersea Research Program (NURP) ............................................................... 13,848 11,503

Ocean Exploration ........................................................................................................... 14,000 6,000

Partnership Programs:

Aquatic Ecosystems ............................................................................................... 0 4,300

Arctic Research ...................................................................................................... 1,650 0

NISA/Ballast Water Demonstrations ...................................................................... 0 2,494

NISA/Prevent & Control Invasive Species .............................................................. 800 800

Marine Aquaculture Program ................................................................................. 3,606 0

Tsunami Hazard Mitigation ................................................................................... 2,300 1,000

Subtotal, Partnership Programs ........................................................................ 8,356 8,594

78

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION OPERATIONS, RESEARCH, AND FACILITIES

FISCAL YEAR 2002—Continued

[In thousands of dollars]

FY 2002 President’s requestFY 2002 House

recommendation

Total, Ocean, Coastal, & Great Lakes Research .............................................. 117,889 107,792

Information Technology R&D, & Science Education:

GLOBE ............................................................................................................................. 3,057 2,500

High Performance Computing & Communications (HPCC) ............................................ 12,806 12,808

Total, Information Technology, R&D, & Science Education .............................. 15,863 15,308

Total, Oceanic and Atmospheric Research—Conservation .............................. 499 499

Total, Ocean and Atmospheric Research—ORF ............................................... 330,188 317,483

NATIONAL WEATHER SERVICE

Local Warnings and Forecasts:

Local Warnings and Forecasts Base .............................................................................. 518,708 520,084

Alaska Data Buoys ......................................................................................................... 1,700 650

Sustain Cooperative Observer Network .......................................................................... 2,299 1,890

Subtotal, Local Warnings and Forecasts ................................................................... 522,707 522,624

Advanced Hydrological Prediction Service ............................................................................... 1,000 1,500

WFO Maintenance .................................................................................................................... 4,550 4,230

Weather Radio Transmitters:

Weather Radio Transmitters Base .................................................................................. 2,323 2,323

NOAA Weather Radio Transmitters—Big Horn, WY ....................................................... 0 76

NOAA Weather Radio Transmitters—WI ......................................................................... 0 500

Subtotal, Weather Radio Transmitters ....................................................................... 2,323 2,899

Total, Local Warnings and Forecasts ........................................................................ 530,580 531,253

Central Forecast Guidance ...................................................................................................... 43,745 40,850

Total, Operations and Research ................................................................................ 574,325 572,103

Systems Operations & Maintenance (O&M):

NEXRAD ........................................................................................................................... 39,996 43,021

ASOS ............................................................................................................................... 7,651 7,667

AWIPS .............................................................................................................................. 36,484 36,558

Total, Systems Operation & Maintenance ................................................................. 84,131 87,246

Total, National Weather Service—ORF ...................................................................... 658,456 659,349

NATIONAL ENVIRONMENTAL SATELLITE, DATA AND INFORMATION SERVICE

Environmental Satellite Observing System:

Satellite Command and Control ..................................................................................... 32,791 32,842

Product Processing and Distribution .............................................................................. 28,696 25,747

Product Development, Readiness & Application ............................................................ 23,471 22,518

Global Wind Demonstration ............................................................................................ 1,000 1,000

Commercial Remote Sensing Licensing & Enforcement ................................................ 1,200 250

Total, Environmental Satellite Observing Systems ........................................... 87,158 82,357

NOAA’s Data Centers & Information Services:

Archive, Access & Assessment ....................................................................................... 32,192 31,371

Climate Database Modernization ................................................................................... 6,214 16,048

Coastal Data Development ............................................................................................. 4,513 4,513

Regional Climate Centers ............................................................................................... 0 3,000

Environmental Data Systems Modernization .................................................................. 12,335 12,335

79

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION OPERATIONS, RESEARCH, AND FACILITIES

FISCAL YEAR 2002—Continued

[In thousands of dollars]

FY 2002 President’s requestFY 2002 House

recommendation

Total, NOAA’s Data Centers & Information Services ........................................ 55,254 67,267

Total, Nat’l Environmental Satellite, Data and Information Service ................ 142,412 149,624

PROGRAM SUPPORT

Corporate Services:

Under Secretary and Associate Offices .......................................................................... 23,981 21,823

Policy Formulation and Direction:

Policy Formulation and Direction Base ................................................................. 36,366 33,940

Minority Serving Institutions ................................................................................. 15,000 15,000

Subtotal, Policy Formulation and Direction ...................................................... 51,366 48,940

Total, Corporate Services .................................................................................. 75,347 70,763

Office of Marine and Aviation Operations:

Aviation Operations:

Aircraft Services .................................................................................................... 14,184 13,918

Subtotal, Aviation Operations ........................................................................... 14,184 13,918

Marine Operations:

Marine Services ..................................................................................................... 63,829 61,615

Fleet Planning and Maintenance .......................................................................... 11,120 11,000

Total, Marine Operations ................................................................................... 74,949 72,615

Total, Office of Marine and Aviation Operations .............................................. 89,133 86,533

Facilities and Projects:

NOAA Maintenance and Repairs .................................................................................... 3,636 2,816

Environmental Compliance ............................................................................................. 2,000 2,000

Boulder Facilities Operations ......................................................................................... 5,000 4,500

Columbia River Facilities ............................................................................................... 3,365 4,000

Pribilof Island Cleanup ................................................................................................... 4,000 5,500

Total, Facilities and Projects ............................................................................ 18,001 18,816

Total, Program Support—ORF ................................................................................................. 182,481 176,112

Total, Conservation Category—ORF ........................................................................................ 168,000 304,000

Total ORF ................................................................................................................................. 2,276,059 2,220,298

Deobligations ........................................................................................................................... (17,000) (17,000)

Coastal Zone Management Fund offset .................................................................................. (3,000) (3,000)

Total, Budget Authority—ORF ................................................................................................. 2,256,059 2,200,298

NATIONAL OCEAN SERVICE

The Committee has included a total of $375,609,000 for activities

of the National Ocean Service (NOS) for fiscal year 2002.

Mapping and Charting.—The recommendation includes

$68,525,000 for mapping and charting activities, which is

$2,925,000 above the budget request and $9,768,000 above the current year. The recommendation includes $24,985,000 for the hydrographic survey backlog line. The recommendation is consistent with

the position the Committee has supported for years that at least

50 percent of hydrographic surveying should be contracted out. The

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merce and ensures safe navigation to be a priority for NOAA. At

the President’s request level, it would take 20 years for NOAA to

update maps and charts of the critically important areas. The Committee recommendation includes an increase to the ‘‘address survey

backlog’’ line of $4,535,000 for the Gulf of Mexico, including Lake

Pontchartrain.

Further, the Committee directs NOAA to enter into a long-term

lease or charter of a U.S. purpose-built, U.S. flag hydrographic survey vessel which is capable of performing the full scope of necessary hydrographic services. To provide optimal quality survey

data to NOAA, the intended vessel should be equipped with a suite

of state-of-the-art survey equipment capable of providing quality

data from inshore waters to full ocean depths. It is the Committee’s

intent to provide the most efficient and cost-effective use of the survey backlog funding, including using longer-term private vessel

charters. This model would allow NOAA to sustain its goal of maintaining accurate and timely charts of the Nation’s waters without

additional Federal capital outlays.

Acquisition of data funding (ship time) has been moved to Program Support.

Geodesy.—The Committee has included $22,862,000 for NOAA’s

geodesy programs, an increase of $527,000 above fiscal year 2001

and $938,000 above the request. No funding is provided for the National Spacial Reference System or for the South Carolina Geodetic

survey. NOAA is directed to work with the states of Louisiana and

Wisconsin to assess their requirements for similar programs and

report back to the Committee by September 15, 2001.

Tide and Current Data.—The Committee has recommended

$19,295,000 for this activity, an increase of $4,239,000 above fiscal

year 2001 and $2,045,000 above the request. The increase from current year levels is for the continued implementation of the Physical

Oceanographic Real-Time System (PORTS) program and increased

funding for the National Water Level Observation Network

(NWLON) on the Great Lakes.

Ocean Assessment Program.—The Committee recommendation

provides $74,163,000 for this activity, of which $57,525,000 is

under the conservation category. Of the amount provided for the

Coastal Services Center, $1,000,000 is for the Alliance for Coastal

Technologies.

Coastal Zone Management.—The Committee recommendation

provides a total of $104,745,000, as requested, under the National

Ocean Service to assist coastal States in implementing clean water

programs. Of this amount, $68,963,000 is for grants to States in accordance with sections 306 and 306A of the Coastal Zone Management Act (CZMA), the same amount as in the request and

$8,596,000 above the current year. In the fiscal year 2001 Appropriations Act, the Committee directed NOAA to provide an assessment of the national impact of this program and submit such assessment to the Committees on Appropriations no later than March

15, 2001. The Committee has not received this report. The recommendation does not make language changes to the limits of each

grant. While the Administration’s request includes an increase of

$12,184,000 for the CZMA program, the Committee notes the

CZMA authorization has expired. Further, $10,000,000 is requested

by the Administration for the Non-Point Source Pollution ImpleVerDate 11-MAY-2000 04:04 Jul 14, 2001 Jkt 089006 PO 00000 Frm 00080 Fmt 6659 Sfmt 6602 E:\HR\OC\HR139.000 pfrm02 PsN: HR139
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mentation grants program, which is not authorized under sections

306 and 306A of the CZMA, but rather section 6217 of the CZMA.

In fiscal year 2001, the Committee provided $10,000,000 for the

program, and the Environmental Protection Agency (EPA) nonpoint source program was funded at $238,000,000. The Committee

remains concerned that the program remains unauthorized, and

has questioned whether NOAA’s program is duplicative of programs funded under the Environmental Protection Agency and the

Department of Agriculture.

Marine Sanctuaries.—The recommendation provides $36,000,000 for the program, $3,571,000 above the current year, of which

$500,000 is for the activities of the Northwest Straits Citizens Advisory Commission, the same amount provided in fiscal year 2001.

The Commission was established to focus on the marine resources

in the area, mobilize science and support marine resource committees, and establish a forum for coordination and consensus building, in lieu of Federal designation of the area as a Marine Sanctuary. The Committee believes that such a consensus-based approach is an innovative and novel way to promote marine conservation, the goal of the Marine Sanctuary Program.

The Committee continues to believe that NOAA should redouble

its efforts to pursue revenue enhancement initiatives and to explore other voluntary, innovative means to identify partners and

raise additional resources for the sanctuaries. In addition, the bill

includes language, carried in previous years, allowing the collection

of user fees for the sanctuaries.

Marine Protected Areas.—$3,000,000 is provided, as requested,

for marine protected areas to develop an atlas of local, regional,

state, Federal and international marine protected areas at least

partially in the United States Exclusive Economic Zone. The atlas

should include Geographic Information System compatible maps of

these areas, descriptions of the statutory and regulatory establishment documents for these areas, and any regulations or restrictions

imposed on such areas. Marine Protected Areas included in the

atlas should not include land areas adjacent to marine areas. No

funds should be used to evaluate, propose or designate new marine

protected areas.

NATIONAL MARINE FISHERIES SERVICE

The Committee has provided a total of $542,121,000 for the programs of the National Marine Fisheries Service (NMFS), as compared to $598,036,000 as requested. Bill language is not included

designating funding for Alaska Steller sea lions.

The Committee’s actions reflect the fact that the key to building

sustainable fisheries lies in the ability to accurately assess the status of the stock. Early assessment enables more accurate and timely decisions by managers of the resource to ensure continued viability of the resource. Thus the Committee has placed highest priority

on, and provided increases for, programs and activities which ensure that the National Marine Fisheries Service (NMFS) and its resource management partners have access to the necessary information to make fishery management decisions. The Committee remains concerned at the increasing number of lawsuits against

NMFS. As of March 30, 2001 there were 102 open lawsuits against

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mental community, 30 percent by the commercial fishing industry,

13 percent by local government, 14 percent by community developers/other industry, and the remaining 3 percent were filed by

tribes and recreational fishing groups. The majority of these lawsuits were based on the National Environmental Policy Act (NEPA)

and the Endangered Species Act (ESA). In last year’s conference

agreement, a total of $21 million was provided to assist NOAA in

meeting its research requirements due to lawsuits. The Committee

has continued this funding level in fiscal year 2002.

Science and Technology.—The Committee also expects NMFS to

continue the collaborative multi-regional biological research on

highly migratory species of sharks to provide NMFS with the information necessary for effective management of the highly migratory

shark fishery and conservation of imminently threatened shark

fishery resources. Of the amounts provided under Science and

Technology, $250,000 is for aquaculture work at the NMFS Milford, CT laboratory.

Atlantic Bluefish/Striped Bass.—The Committee recommendation includes $1,550,000 in funding under Fisheries Research and

Management Services, Science and Techology for the ongoing program under the Cooperative Education Marine Research program

to study the decline of nearshore Atlantic bluefish stocks and

striped bass population monitoring.

Data Collection Efforts for States.—The Committee remains concerned that there are a number of different mechanisms in place

to collect data and these data may not be available to fishery managers in a useable format. As a result, the Committee directs

NMFS to ensure that information from fishery observers and state

data is incorporated into the National Fisheries Information System. The Committee recommendation includes $2,350,000 to ensure this coordination.

Protected Species Management.—The recommendation includes

$141,819,000 for protected species management, of which

$68,143,000 is under the conservation budget category. Marine

Mammal Stranding funding of $4,000,000 is for the Prescott Marine Mammal Stranding grant program as authorized in Public

Law 106–555.

Habitat Restoration.—The recommendation includes $37,088,000,

which is funded under the conservation category. A total of

$5,000,000 is provided through the Chesapeake Bay Office, of

which $2,000,000 is for oyster reef construction, to be divided evenly between Maryland Oyster Reef Partnership and the Virginia

Oyster Reef Heritage Foundation. The Partnership and the Foundation should consult with their respective state marine resource

agencies in planning, locating and building oyster reefs.

Right Whales.—The Committee expects NMFS to continue its

right whale research and to focus on much needed gear modification research. The Committee is concerned that strikes by large

vessels have resulted in right whale fatalities. The Committee continues its direction from last year for NMFS to work with the Coast

Guard and the Department of the Navy to reduce the strikes in

whale habitat areas.

The Committee expects NOAA to maintain as a priority under

the Saltonstall-Kennedy grant program proposals for research and

education efforts directed at the protection of high-risk consumers

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from naturally occurring bacteria associated with raw molluscan

shellfish. Specifically, the Committee expects continuation of ongoing efforts to address concerns associated with Vibrio vulnificus.

Columbia River.—The Committee is aware of the National Marine Fisheries Service’s obligations, under the 2000 Biological Opinion for the Federal Columbia River Power System, to address the

impacts of the operation of federal hydroelectric dams on the Columbia and Snake Rivers on endangered and threatened salmon.

The Committee is also mindful that record-low water levels in the

river systems could result in severe energy and water shortages in

many states. Therefore, the Committee urges NMFS to use full

flexibility under the Biological Opinion. In addition, the Committee

is concerned that NMFS may be delaying consultation with the

U.S. Army Corps of Engineers on its implementation of critical interim maintenance of navigational channels through dredging activities on the Snake, Clearwater, and mid-Columbia Rivers. These

delays could significantly and adversely impact barge transportation as well as fish stocks, including juvenile smolts, along the

river system. The Committee directs NMFS to devote resources to

expedite its review of the Walla Walla Corps of Engineers’ environmental assessment. The Committee understands that if the assessment is not received from the U.S. Corps of Engineers by August

2001, there may be affects on the maintenance of navigational

channels during the 2001 winter season.

OCEANIC AND ATMOSPHERIC RESEARCH

The Committee has provided a total of $317,483,000 for the Oceanic and Atmospheric Research Programs of NOAA, instead of

$330,188,000 as requested. The revised budget structure table

identifies the available funding for each of the OAR laboratories.

The Committee recommendation includes the following amounts for

basic laboratory research and support under Oceanic and Atmospheric Research:

Climate Research.—The Committee has included $147,520,000

for the Climate Research category. Within the amounts for the Climate and Global Change base, $1,000,000 is provided to the University of Arizona.

Of funds available to the Pacific Marine Environmental Laboratory, $2.5 million shall be available for the VENTS program. Of the

amounts provided for OAR, $499,000 for the coral reef watch program is provided under the conservation category.

National Undersea Research Program (NURP).—Of the amount

provided for the National Undersea Research Program, $1 million

is for administration, $1.8 million is for Alvin and Aquarius, and

the remaining funds are to be split evenly between the East Coast

and West Coast Centers.

NATIONAL WEATHER SERVICE

The Committee recommendation includes a total of $659,349,000

for the National Weather Service for fiscal year 2002 under the

ORF account, which is $29,945,000 above fiscal year 2001 and

$893,000 above the request. Additional amounts for NWS are provided under the Procurement, Acquisition and Construction account to support NWS systems modernization and facilities requirements. Of the amounts provided under systems operation and

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maintenance, $3.1 million is for the relocation and installation of

a WSR–88D from Keesler Air Force Base in Mississippi to Brandon, Mississippi.

Funding for the Susquehanna River Basin flood system should

remain at current year levels.

NATIONAL ENVIRONMENTAL SATELLITE, DATA AND INFORMATION

SERVICE

The recommendation includes $149,624,000 for the operational

and research and development programs of the National Environmental Satellite, Data, and Information Service (NESDIS), an increase of $7,212,000 from the request and $24,665,000 above current year. The revised budget structure transfers $10,500,000 from

the PAC account to this appropriations account.

Environmental Data Management Systems.—Funding is provided

to continue a multi-year program of climate database modernization and utilization.

The recommendation includes $3,000,000 for continuation of the

Regional Climate Centers program, which was proposed for elimination. Further, the Committee recognizes the value of NOAA climate data centers as the U.S. repositories for historical environmental data and encourages the Administration to ensure that in

future years adequate funding is requested to maintain these centers.

PROGRAM SUPPORT

The Committee has included $176,112,000 for Program Support.

Of the amounts provided for Pribilof Island Cleanup, $1,500,000 is

for assistance authorized under the Section 206(b) of the Fur Seal

Act of 1966 (16 USC 1166(b)), and $4,000,000 is to carry out Section 3 of Public Law 104–91 (16 USC 1165 note).

The University of Louisiana at Lafayette may occupy the presently vacant space in the National Oceanic and Atmospheric Administration facility in Lafayette, Louisiana, and conduct classroom

teaching, scientific research and related activities on the premises

at no expense to the University.

A number of Members of Congress and staff have raised the

issue of the amount of time it takes for NOAA to process grant applications and provide funding to external granters. As a result, the

Committee directs NOAA, through the Department of Commerce,

to submit to the Committee an operating plan for expenditure of

funds available to NOAA in fiscal year 2002, based on the Committee’s distribution as shown in the accompanying table. In addition,

the Committee directs NOAA to report to the Committee on a quarterly basis on the status of obligations against the Committee’s distribution.

PROCUREMENT, ACQUISITION AND CONSTRUCTION

The recommendation includes $749,000,000 in fiscal year 2002

for this account, of which $26,000,000 is under the conservation

category. The revised budget structure includes a transfer of

$10,750,000 from the President’s request for NESDIS under this

account to NESDIS under the ORF account. The recommendation

is $67,603,000 above the current year and $15,861,000 below the

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President’s request. This account funds capital assets acquisition

activities, including systems acquisition and continued construction. The following distribution reflects the activities funded within

this account:

PROCUREMENT, ACQUISITION AND CONSTRUCTION

[In thousands of dollars]

FY 2002 President’s requestFY 2002 House

recommendation

NOS-Construction:

Beaufort Lab Repairs ..................................................................................................... 1,000 500

Coastal Service Center ................................................................................................... 1,000 0

Marine Sanctuaries Construction ................................................................................... 15,993 15,993

National Estuarine Research Reserve Construction ....................................................... 9,912 9,912

Total NOS–PAC ........................................................................................................... 27,905 26,405

NMFS–Construction:

Alaska Facilities Fisheries Center Juneau—continuation ............................................. 11,700 5,850

Aquatic Resources—continuation .................................................................................. 0 5,000

N.Y. Botanical Gardens—continuation .......................................................................... 0 4,034

Honolulu Laboratory—continuation ................................................................................ 3,000 1,500

Santa Cruz Laboratory—continuation ............................................................................ 0 550

Total, NMFS—PAC ..................................................................................................... 14,700 16,934

OAR-Systems Acquisition:

Comprehensive Large Array Data Stewardship System ................................................. 3,626 3,626

Research Supercomputing .............................................................................................. 6,984 8,984

Total, OAR–PAC .......................................................................................................... 10,610 12,610

NWS-Systems Acquisition:

ASOS ............................................................................................................................... 5,125 5,125

AWIPS .............................................................................................................................. 16,264 16,264

NEXRAD ........................................................................................................................... 8,261 11,261

NWSTG Backup—CIP ...................................................................................................... 7,460 7,460

Radiosonde Network Replacement ................................................................................. 4,989 4,989

Weather and Climate Supercomputing .......................................................................... 15,052 15,052

WFO Construction ........................................................................................................... 12,000 9,505

Total, NWS—PAC ....................................................................................................... 69,151 69,656

NESDIS-Systems Acquisition:

Geostationary Systems .................................................................................................... 289,474 289,474

Polar Orbiting Systems ................................................................................................... 295,902 295,902

Continuity of Critical Facilities ...................................................................................... 4,550 2,550

Suitland Facility .............................................................................................................. 5,700 5,700

Total, NESDIS—PAC ................................................................................................... 595,626 593,626

Program Support-Systems Acquisition:

Commerce Administrative Management System (CAMS) ............................................... 19,804 19,254

Subtotal, PS Systems Acquisition .............................................................................. 19,804 19,254

Program Support—OMAO:

ADVENTUROUS Refurbishment (Hawaii) ................................................................ 4,200 0

ALBATROSS IV Repairs (New England) ................................................................. 4,000 1,000

FAIRWEATHER Refurbishment (Ketchikan, Alaska) ............................................... 9,515 9,515

GORDON GUNTER (Gulf of Mexico) ........................................................................ 1,800 0

Subtotal, Program Support—OMAO Fleet Replacement ............................................ 19,515 10,515

Total, Program Support—PAC ................................................................................................. 39,319 29,769

Total, PAC-non-conservation ................................................................................................... 731,311 723,000

Total—PAC-conservation ......................................................................................................... 26,000 26,000

Total Direct Obligations, PAC .................................................................................................. 757,311 749,000

Marine Sanctuaries Construction Account.—Of the amounts provided, $2,000,000 is for the Gray’s Reef National Marine Reef SancVerDate 11-MAY-2000 04:04 Jul 14, 2001 Jkt 089006 PO 00000 Frm 00085 Fmt 6659 Sfmt 6602 E:\HR\OC\HR139.000 pfrm02 PsN: HR139
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tuary, which must be matched 3 to 1 by State and local partners,

and $5,000,000 for the National Monitor Sanctuary’s USS Monitor

Center for planning, design, and engineering of the exhibits for the

Center.

National Estuarine Research Reserves.—Of the amount provided,

$500,000 is for the Elkhorn Slough NERR and $1,000,000 is for

support of the Hackensack watershed project, for which the amount

must be matched 3 to 1 by State and local partners.

National Weather Service.—The funding provided for the Advanced Weather Interactive Processing System (AWIPS) will complete the third year of a three-year effort to develop and deploy

Build 5.0 software.

Of the amounts provided for the next generation radar

(NEXRAD), $3,000,000 is included for the establishment of a

weather forecast office at the National Space Science and Technology Center located at the University of Alabama at Huntsville,

which shall be consistent in capabilities, functions, and mission

with similarly constituted NWS offices.

PACIFIC COASTAL SALMON RECOVERY FUND

The recommendation includes $110,000,000 under the conservation category for the Pacific Salmon Recovery Fund. This amount

is $20,000,000 above the request. In the fiscal year 2001 Act, language was included to authorize the appropriation of funds for fiscal years 2001, 2002, and 2003. The Committee has included bill

language making fiscal year 2002 funds available subject to express authorization. In addition, $20,000,000 is included for the

Northern and Southern Boundary funds, and $5,000,000 for a direct payment to the State of Washington for the obligations of the

1999 Pacific Salmon Treaty.

COASTAL ZONE MANAGEMENT FUND

The Committee has included language in the bill, identical to

that included in the request, which makes $3,000,000 in the Coastal Zone Management Fund available for transfer to the Operations,

Research, and Facilities account.

FISHERMEN’S CONTINGENCY FUND

The Committee recommends $952,000 for the Fishermen’s Contingency Fund, the full amount requested and $2,000 above the

current year.

The Fishermen’s Contingency Fund provides compensation to

U.S. fishermen for damage or loss of fishing gear and any resulting

loss because of natural or manmade obstructions related to oil and

gas exploration, development, and production on the Outer Continental Shelf.

FOREIGN FISHING OBSERVER FUND

The Committee recommends $191,000 for the Foreign Fishing

Observer Fund for fiscal year 2002, an amount equal to the current

year level and the request.

Fees paid into the Fund are collected from owners and operators

of certain foreign fishing vessels that fish within the United States

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retary of Commerce to finance the cost of placing United States observers aboard such fishing vessels.

FISHERIES FINANCE PROGRAM ACCOUNT

The Committee recommends $287,000 in subsidy amounts for the

Fisheries Finance Program account, the same amount as in the request and in the current year.

DEPARTMENTAL MANAGEMENT

SALARIES AND EXPENSES

The Committee recommends $37,843,000 for the Commerce Department’s Salaries and Expenses appropriation for fiscal year

2001, $2,002,000 over the current year and $191,000 above the

budget request. The Committee directs the Department of Commerce to provide quarterly reports on obligations of the National

Oceanic and Atmospheric Administration, the Patent and Trademark Office, and the Bureau of the Census. The Department is directed to consult with the Committee prior to submitting the first

report, covering the first quarter of fiscal year 2002.

Further, the General Accounting Office has raised concerns that

the Commerce Administrative Management System (CAMS) does

not meet core financial requirements to timely produce a usable accounts payable list and does not have archiving capabilities. The

Committee directs the Department of Commerce to review these

concerns and provide a report on the findings to the Committee no

later than August 30, 2001.

The recommendation retains language, proposed for modification,

regarding reception and representation.

This appropriation provides for the Office of the Secretary and

for staff offices of the Department that assist in the formulation of

policy, management, and administration.

Office Relocations.—The Committee continues its direction for

the Department to submit quarterly reports providing details of all

office moves, openings, reductions and closings, which will be considered as reprogrammings under section 605 of the Act.

OFFICE OF INSPECTOR GENERAL

The Committee recommends $21,176,000 for the Commerce Department’s Office of Inspector General for fiscal year 2002. This

amount is the same as the request and $1,220,000 above the current year level.

GENERAL PROVISIONS—DEPARTMENT OF COMMERCE

The Committee has included the following General Provisions for

the Department of Commerce that were included in the fiscal year

2001 Appropriations Act:

Section 201 makes Commerce Department funds in the bill available for advanced payments only upon certification of officials designated by the Secretary that such payments are considered to be

in the public interest.

Section 202 makes appropriations for the Department in the bill

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hicles and for services, uniforms and allowances as authorized by

law.

Section 203 prohibits any of the funds in the bill to be used to

support hurricane reconnaissance aircraft and activities that are

under the control of the United States Air Force or the United

States Air Force Reserve.

Section 204 provides the authority to transfer funds between Department of Commerce appropriation accounts. The language provides that no account may be decreased by more than 5 percent or

increased by more than 10 percent. The language also makes the

transfers subject to the Committee’s standard reprogramming procedures.

Section 205 provides that any costs incurred by the Department

in response to funding reductions shall be absorbed within the total

budgetary resources available to the Department and shall not be

subject to the reprogramming limitations in this Act.

Section 206, allows the Secretary to award contracts for certain

mapping and charting activities in accordance with the Federal

Property and Administrative Services Act.

Section 207 allows the Department of Commerce franchise fund

to retain a percentage of earnings from services provided for capital

investments.

TITLE III—THE JUDICIARY

The funds recommended by the Committee in Title III of the accompanying bill are for the operation and maintenance of United

States Courts and include the salaries of judges, magistrates, probation and pretrial services officers, and supporting personnel and

other expenses of the Federal Judiciary.

The Committee recommendation provides $4,681,132,000, which

is an increase of $426,351,000 over last year’s enacted level and

$191,581,000 below the request. This amount is provided to fund

the ongoing activities of the Federal courts; to allow the Defender

Services account to keep pace with growing workload and funding

requirements; to fund increased security requirements; and to

begin the long-overdue restoration of the Supreme Court building.

The Judiciary formulates its budget based on total obligations,

including appropriated funds and funds available from other

sources, including fees and carryover. The Judiciary is able to offset

its request for appropriated funds by the amount of fees estimated

to be collected in a given year and the level of carryover balances

estimated to be available. In prior years, at the direction of the

Committee, the Judiciary presented its budget request based on

total obligations. For the fiscal year 2002, the Judiciary adjusted

the presentation of its budget request to compare the fiscal year

2001 available appropriation to the fiscal year 2002 requested appropriation. This presentation is similar to that of the Executive

Branch. The Committee is pleased with the change in budget presentation.

SUPREME COURT OF THE UNITED STATES

The Committee recommends a total of $112,066,000 for the Supreme Court of the United States for fiscal year 2002, $67,041,000

above the fiscal year 2001 level, and $47,790,000 below the request.

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The total amount is provided in two separate appropriations accounts, as follows:

SALARIES AND EXPENSES

The Committee recommends an appropriation of $42,066,000 for

fiscal year 2002 for the salaries and expenses of the Justices and

their supporting personnel, and the cost of operating the Supreme

Court, excluding the care of the building and grounds. The recommendation is $4,554,000 above the current year appropriation,

and is $48,000 below the Court’s request.

The recommendation fully funds the Court’s adjustments to base

for court supporting staff. The recommendation also fully funds the

Court’s request for additional staff, training, and equipment. The

Committee is pleased with the Court’s efforts to increase its use of

information technologies.

A former member of the Committee, the late Julian Dixon of

California, worked tirelessly to remind the Supreme Court of the

importance of fair hiring practices in the selection of law clerks.

This year, a number of Members of the Committee raised questions

about the progress in hiring of minority and women law clerks at

the Supreme Court. The Justices who testified before the Committee responded by stating that there is a ‘‘heightened awareness’’ about this issue. The Court has been responsive in providing information regarding its practices and in continuing to make every effort to expand the pool of applicants in a manner to bring about

fairness in hiring. The Subcommittee appreciates the efforts of the

Court and looks forward to continuing progress in this matter.

CARE OF THE BUILDING AND GROUNDS

The Committee recommends an appropriation of $70,000,000 for

fiscal year 2002 for personnel and other services relating to the Supreme Court building and grounds, which are supervised by the Architect of the Capitol. The recommendation is $47,742,000 below

the request and is $62,487,000 above the current year appropriation.

The Committee recommendation provides a $63,500,000 increase

to begin the critical upgrades of the Supreme Court building. The

Committee understands that an additional $53,500,000 will be required in fiscal year 2003 to complete the project. The Architect of

the Capitol, who is responsible for maintaining this historic structure, believes that a single contract would be the most advantageous means to ensure the accountability of contractors. It would

also be the least disruptive to the operations of the Court. The

budget authority is made available until expended to give the Architect maximum flexibility in structuring the contract. The Committee notes its full intention to provide the amounts needed to

complete the project as soon as practicable.

The Supreme Court building has serious deficiencies in its life

safety, security, mechanical, electrical, and plumbing systems.

These obsolete systems create the risk of an emergency to the

health and safety of the Justices, the court staff, the Supreme

Court police, and the nearly one million visitors to the building

each year. To correct these deficiencies, the Architect has proposed

the building’s first significant upgrade in its 65-year history. The

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cally increases the potential for the building’s outdated systems to

fail, placing human life and safety at risk as well as increasing the

costs required to perform the necessary modernization.

In order to address the building’s fire safety deficiencies, the

Committee understands the Architect plans to provide the following: full fire detection and suppression coverage for currently

unprotected areas; protected egress paths to provide safe avenues

of escape in the event of an emergency; and smoke evacuation and

smoke purge systems for the entire building.

The Committee also supports the Architect’s plans to address the

building’s security deficiencies by: construction of a dedicated police

facility; enhancement of visitor screening capabilities; and installation of bullet and blast proof windows where appropriate.

The Committee understands that the building’s antiquated heating, ventilating, and air conditioning systems require extraordinary

and daily maintenance precautions to avoid sick-building syndrome

conditions. The Committee further understands that the systems

have outlived their anticipated life expectancy, two and a half

times the normal industry standards, and that replacement parts

for maintenance and system failures are no longer manufactured.

The Committee therefore recognizes the urgent need to replace

these systems to assure no disruption to the Court’s functions and

supports the Architect’s plan to do so.

The Committee also understands that the building’s electrical

system is operating at full capacity, which not only is a fire hazard

but also hinders the Court’s ability to implement new information

technologies critical to the functioning of the Court. The Committee

supports the Architect’s plan to replace this system to ensure that

both the present and future electrical needs of the Court will be accommodated.

The Committee expects the Architect to minimize the impact

that this project will have on the operations of the Court. The Committee supports the Architect’s plan to install all needed systems

simultaneously so that each area of the building is disturbed only

once. The Committee also supports the Architect’s plan to hire a

construction management firm to assist the Architect in managing

and overseeing the project.

UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT

SALARIES AND EXPENSES

The Committee recommends an appropriation of $19,287,000 for

fiscal year 2002 for the salaries and expenses of the United States

Court of Appeals for the Federal Circuit. The Committee recommendation is $1,392,000 above the current year appropriation

and $1,159,000 below the request.

The Committee recommendation funds the Court’s requested adjustments to base for court support staffing and funds the Court’s

request for additional technical assistants. If the Court determines

that its other requested enhancements are a higher priority than

the technical assistants, the Court may submit a reprogramming

request for the Committee’s consideration under section 605 of this

Act.

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UNITED STATES COURT OF INTERNATIONAL TRADE

SALARIES AND EXPENSES

The Committee recommends an appropriation of $13,073,000 for

fiscal year 2002 for the salaries and expenses of the United States

Court of International Trade. The Committee recommendation is

$39,000 below the amount requested and $641,000 above the fiscal

year 2001 appropriation. The Committee recommendation funds

the requested adjustments and also includes $75,000 for an architectural analysis of the Court’s facility, which is over 35 years old

and in need of several repairs and upgrades.

COURTS OF APPEALS, DISTRICT COURTS, AND OTHER JUDICIAL

SERVICES

SALARIES AND EXPENSES

The Committee recommends an appropriation of $3,631,940,000

for the operations of the regional courts of appeals, district courts,

bankruptcy courts, the Court of Federal Claims, and probation and

pretrial services officers. The recommendation is $103,834,000

below the request and $279,061,000 above the fiscal year 2001 appropriation.

Non-appropriated Funds.—In addition to appropriations, the

courts collect fees and have various carryover authorities. The Judiciary uses these non-appropriated funds to reduce its appropriation request. For fiscal year 2002, the budget request estimates

that $226,062,000 will be available in fee collections and carryover

balances. If additional non-appropriated funds become available in

fiscal year 2002, either through savings in fiscal year 2001 or increased fee collections, the Committee expects the Judiciary to

apply these funds to its fiscal year 2002 financial plan to meet the

highest priority needs of the courts.

Workload.—The Committee understands the workload of the

courts continues to escalate. Nationally, between FY 1997 and FY

2001, the courts have seen a 34% increase in criminal filings, a

30% increase in offenders receiving substance abuse treatment, a

27% increase in pretrial services reports, and a 14% increase in the

number of persons under the supervision of a probation officer.

This growth in workload is most significant in the 5 districts along

the Southwest Border, which account for a staggering 27% of all

criminal filings.

The Committee also understands that, unlike Executive Branch

agencies, the Judiciary is unable to control either the volume of its

workload or the rate at which it must complete that work. The significant growth in the Judiciary’s workload is largely attributable

to the expanding jurisdiction of the Federal courts through legislation passed by the Congress as well as the significant increases in

funding provided to the Department of Justice in recent years for

investigating and prosecuting crimes.

In fiscal year 2001, the Committee was able to fully fund the

staffing needs of the courts for the first time in three years. The

Committee is pleased that staffing resources were allocated based

on formulas recently updated by the Administrative Office of the

U.S. Courts (AO) that equitably allocated staff based on the actual

workload of each district. The Committee expects the Judiciary to

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allocate its fiscal year 2002 staffing resources using the formulas

approved by the Judicial Conference.

Bankruptcy Reform.—The Committee is aware that H.R. 333, as

passed by the House on March 1, 2001, and S. 420, as passed by

the Senate on March 15, 2001, will increase costs in bankruptcy

courts by an estimated $100 million over five years. No funds are

included in this recommendation to implement the Bankruptcy Reform Bill. However, upon enactment, the Judiciary should submit

a report to Congress regarding the additional funding, which may

be required to implement the bill, as well as a plan for providing

for the new financial needs facing the Bankruptcy Courts. In the language in the accompanying bill, $27,817,000 is permitted to remain available until expended for space alteration

projects and for furniture costs related to new space alteration or

construction projects.

VACCINE INJURY COMPENSATION TRUST FUND

The Committee recommends a reimbursement of $2,692,000 for

fiscal year 2002 from the Special Fund to cover expenses of the

Claims Court associated with processing cases under the National

Childhood Vaccine Injury Act of 1986. This amount is equal to the

request and is $96,000 above the amount available in the current

fiscal year.

As in past years, the bill language is included under the title

Vaccine Injury Compensation Trust Fund. The language was not

moved into the Salaries and Expenses account as requested.

DEFENDER SERVICES

The Committee recommends an appropriation of $500,671,000 for fiscal year 2002. The recommendation is $66,628,000 above the

available current year appropriation and $20,846,000 below the request. This account provides funding for the operation of the Federal Public Defender and Community Defender organizations and

for compensation and reimbursement of expenses of panel attorneys appointed pursuant to the Criminal Justice Act (CJA), as

amended, for representation in criminal cases.

The recommendation provides for inflationary pay and non-pay

increases for Federal Defender Organizations, additional representations, and an increase in the hourly rate of compensation for private panel attorneys appointed to provide representation to $90 per

hour in-court and out-of-court.

Workload.—Between fiscal year 1996 and the end of fiscal year

2001, the number of CJA representations provided by the Judiciary

has increased by approximately 50 percent. The Committee recognizes that the Judiciary is unable to control the number of representations it must provide and its workload is dependent upon

the number of cases prosecuted by the Department of Justice

(DOJ). As funding for DOJ has increased for initiatives such as increased firearms prosecutions and the Southwest Border Initiative,

the number of CJA representations has increased, as has the complexity of these cases. In order to address this growth in workload

in fiscal year 2002, the Committee recommends funds for additional CJA representations.

Panel Attorney Rate Increase.—The Judiciary’s budget requests $35,135,000 to increase panel attorney compensation in most disVerDate 11-MAY-2000 04:04 Jul 14, 2001 Jkt 089006 PO 00000 Frm 00092 Fmt 6659 Sfmt 6602 E:\HR\OC\HR139.001 pfrm02 PsN: HR139
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tricts from $55 per hour out-of-court and $75 per hour in-court to

$113 per hour for in-court and out-of-court time. This is the level

authorized by the Criminal Justice Act, as amended. The Committee is supportive of the need to raise hourly rates and provides

funding to increase the panel attorney rates to $90 per hour.

The Committee recognizes that panel attorney rates have not

kept pace with inflation over the past 15 years and that this has

negatively impacted the Judiciary’s ability to attract and retain attorneys to the panel. The Committee understands that the current

rates often do not cover private attorneys’ overhead costs. Since

over 90 percent of panel attorney appointments are made to sole

practitioners or firms with 2 to 5 attorneys, the low compensation

rates place a significant financial burden on the individual attorneys accepting appointments. This low rate of pay has resulted in

a decline in the number of attorneys willing to take Federal cases,

especially complex cases that involve a significant investment of

time. This is particularly problematic as the number of CJA representations continues to escalate. In testimony before this Committee, the Judiciary stated that one of the biggest impediments to

maintaining a fair system of justice is the low rate of pay that private panel attorneys receive.

In order to address this problem, the Committee has provided

sufficient funding to increase panel attorney rates to $90 per hour.

The Committee recommends that in-court hours and out-of-court

hours should no longer be compensated at different rates. The

Committee directs the Judiciary to fund in- and out-of-court time

at the same level. The Committee expects the Judiciary to implement this increase as soon as is technically feasible.

The bill also includes language making funds available for training and general administrative expenses.

FEES OF JURORS AND COMMISSIONERS

The Committee recommends an appropriation of $48,131,000.

This amount is $11,305,000 below the amount enacted in fiscal

year 2001 and $2,000,000 below the request.

COURT SECURITY

The Committee recommends an appropriation of $224,433,000 for

Court Security for fiscal year 2002 to provide for necessary expenses of security and protective services for the United States

Courts in courtrooms and adjacent areas. This is $25,297,000 above

the amount appropriated in fiscal year 2001 and $4,000,000 below

the request. The recommendation provides for the inflationary increases, and additional staff and equipment associated with new

and renovated space.

As requested, language in the bill clarifies the current responsibilities of the Court Security Program to provide protective guard

service for United States courthouses, the installation and maintenance of security equipment in all buildings housing judiciary operations and the inspection of mail and packages. Bill language is

also included allowing up to $10,000,000 in court security funding

to remain available until expended.

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ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS

SALARIES AND EXPENSES

The Committee recommends an appropriation of $60,029,000 for

the salaries and expenses of the Administrative Office of the

United States Courts, which is $1,817,000 above the fiscal year

2001 appropriation and $3,000,000 below the request.

The Administrative Office (AO) provides administrative and

management support to the United States Courts, including the

probation and bankruptcy systems. It also supports the Judicial

Conference of the United States in determining Judiciary policies;

developing methods to allow the courts to conduct business more

efficiently and economically; and enhancing the use of information

technology in the courts.

Historically, the Judiciary has been able, as the fiscal year progresses, to identify additional prior year unobligated fee balances

to supplement appropriated funds. Should such other sources of

funds be forthcoming, the Committee would consider a request

from the Administrative Office to use such funds.

The Committee recognizes that as the courts continue to grow,

the administrative workload and policy responsibility of the AO

also grows. Given the size and continued growth of the Federal Judiciary, the Committee feels that it is important that the policy and

oversight functions of the AO are adequately funded. In addition,

the AO is in the midst of developing and deploying a number of

major new or upgraded automated systems for the courts. The additional FTEs are required to provide technical assistance and

oversight to the probation and pretrial services program, develop of

new case management systems, and improve financial management

and internal controls in the courts.

Language is included in the bill permitting not to exceed a total

of $8,500 for official reception and representation expenses.

FEDERAL JUDICIAL CENTER

SALARIES AND EXPENSES

The Committee recommends an appropriation of $20,235,000 for

the salaries and expenses of the Federal Judicial Center (the Center) for fiscal year 2002, which is $88,000 below the request and

$1,499,000 above the fiscal year 2001 appropriation.

The Center improves the management of Federal judicial dockets

and court administration through education for judges and staff

and research, evaluation, and planning assistance for the courts

and the Judicial Conference.

The Committee’s recommendation funds the Center’s inflationary

pay and non-pay increases and provides additional funds to increase the Center’s use of satellite broadcasting and new distance

education programs.

JUDICIAL RETIREMENT FUNDS

PAYMENT TO JUDICIARY TRUST FUNDS

The Committee provides $37,000,000 for payments to the Judicial Officers’ Retirement Fund and the Claims Court Judges Retirement Fund for fiscal year 2002. This amount is the same as the

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budget request and $1,300,000 above the current year. These payments are considered mandatory for budget scorekeeping purposes.

These Funds cover the estimated annuity payments to be made

to retired bankruptcy judges and magistrate judges, Claims Court

judges, and spouses and dependent children of deceased judicial officers.

UNITED STATES SENTENCING COMMISSION

SALARIES AND EXPENSES

The Committee recommends $11,575,000 for the salaries and expenses of the United States Sentencing Commission for fiscal year

2002, which is $1,666,000 above the current year appropriation and

$825,000 below the Commission’s full request.

The purpose of the Commission is to establish, review, and revise

sentencing guidelines, policies, and practices for the Federal criminal justice system. The Commission is also required to monitor the

operation of the guidelines and to identify and report necessary

changes to the Congress.

The Committee’s recommendation funds the Commission’s pay

and non-pay inflationary increases and annualizes the cost of new

staff funded in fiscal year 2001.

GENERAL PROVISIONS—THE JUDICIARY

The Committee has included the following general provisions in

the bill for the Judiciary:

The recommended bill continues to carry Sections 301, 302, and

303 from previous years.

Section 301 provides language to permit funds in the bill for salaries and expenses for the Judiciary to be available for employment

of experts and consultant services as authorized by 5 U.S.C. 3109.

Section 302 provides language which permits up to 5 percent of

any appropriation made available for fiscal year 2002 to be transferred between Judiciary appropriations accounts with the proviso

that no appropriation shall be decreased by more than 5 percent

or increased by more than 10 percent by any such transfer except

in certain circumstances. In addition, the language provides that

any such transfer shall be treated as a reprogramming of funds

under section 605 of the accompanying bill and shall not be available for obligation or expenditure except in compliance with the

procedures set forth in that section.

Section 303 provides language permitting not to exceed $11,000

for official reception and representation expenses incurred by the

Judicial Conference of the United States.

Section 304 provides language allowing up to $400,000 of unexpended balances available to the Commission on Structural Alternatives in Federal Appellate Courts to be expended on court operations.

The recommended bill defers without prejudice a proposal to include a modified version of section 309 of the fiscal year 2001 Act

related to salary adjustments for Federal Justices and judges.

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TITLE IV—DEPARTMENT OF STATE AND RELATED AGENCY

In total, the recommendation in this Title for the Department of

State and the Broadcasting Board of Governors includes

$7,882,222,000, which is $94,314,000 below the budget request and

$840,934,000 above the amount provided in fiscal year 2001. Of the

total amount provided, $7,746,593,000 is derived from general purpose discretionary funds and $135,629,000 is scored as mandatory

spending. The recommended funding levels support requested program increases to improve diplomatic readiness and security. The

recommendation includes the full amount requested,

$1,303,695,000, to continue worldwide security activities, including

the design and construction of replacement facilities for the most

vulnerable overseas posts.

DEPARTMENT OF STATE

The Committee’s fiscal year 2002 recommendation for the Department of State is intended to support dramatic improvements in

the Department’s efforts to achieve diplomatic readiness and to institute sweeping management reforms. Despite receiving appropriations for operations of the Department that averaged almost four

percent above inflation over each of the past four years, the Department’s request for fiscal year 2002 reflected a determination of

inadequate current resources for major functions, including staffing, security, technology, and overseas infrastructure. The overall

Committee recommendation for the Administration of Foreign Affairs accounts represents an increase of more than 17 percent

above the amounts available in the current fiscal year, including

funding to support the hiring and training of an additional 668 employees. The Committee expects that this enormous infusion of resources will allow the Department to meet all its staffing requirements, modernize its technology and equipment, and undertake

vigorous reform initiatives to improve management and right-size

America’s overseas presence.

The Committee recommends a total of $7,403,216,000 for fiscal

year 2002 for the Department of State. This amount is

$103,314,000 below the budget request and $802,380,000 above the

amounts appropriated for fiscal year 2001. Of the total amount provided, $7,267,587,000 is derived from general purpose discretionary

funds and $135,629,000 is scored as mandatory spending.

The Committee recommendation includes a total of

$5,460,107,000 for the discretionary appropriation accounts under

Administration of Foreign Affairs; $1,694,139,000 for the appropriation accounts under International Organizations and Conferences; $60,316,000 for International Commissions; and

$53,025,000 for Other activities. The Committee’s recommended

priorities for the Department of State are delineated in the following paragraphs.

ADMINISTRATION OF FOREIGN AFFAIRS

DIPLOMATIC AND CONSULAR PROGRAMS

The Committee recommends $3,653,735,000 for the Diplomatic

and Consular Programs account, including $487,735,000 to conVerDate 11-MAY-2000 04:04 Jul 14, 2001 Jkt 089006 PO 00000 Frm 00096 Fmt 6659 Sfmt 6602 E:\HR\OC\HR139.001 pfrm02 PsN: HR139
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tinue funding for worldwide security upgrades and $270,259,000

for public diplomacy international information programs.

This appropriation provides for the formulation and execution of

United States foreign policy, including the conduct of diplomatic

and consular relations with foreign countries, diplomatic relations

with international organizations, and related activities. The account includes funding for all of the program and operations bureaus and offices of the Department of State and the Foreign Service.

The recommendation represents a reduction of $51,405,000 from the budget request and an increase of $486,561,000 above the fiscal

year 2001 appropriation. The recommendation of $487,735,000 for

worldwide security upgrades is $78,637,000 above the fiscal year

2001 level and the same amount as requested. Exclusive of security

programs, the recommendation represents an increase of

$407,924,000 above fiscal year 2001, which includes all requested

adjustments to base and $320,671,000 for requested program increases for staffing, information technology, information security,

and overseas infrastructure.

Changes from the Budget Request.—The Committee recommendation does not include $25,000,000 requested under this account to

implement the 1999 Pacific Salmon Treaty Agreement. Funding for

costs related to that agreement is included in Title II of this Act.

The Committee recommendation does not include requested increases totaling $16,950,000 for foreign policy program enhancements in this account. The Committee recommendation provides

$68,402,000 for program increases related to improving overseas

infrastructure, a reduction of $9,455,000 from the request. The

Committee encourages the Department to prioritize the replacement of overseas equipment and vehicles accordingly. As in past

years, the Committee expects that there will be additional savings

available to the Department, including exchange rate gains and vacancies in funded positions. The Department will have the ability

to propose that savings be used for needs not funded by the recommendation through the normal reprogramming process.

Reform and Restructuring.—The Committee continues to support

the combination of similar activities and the achievement of all

possible efficiencies in the management of a consolidated State Department. The Committee remains convinced that the Department’s bureaucratic structure and inadequate attention to management issues hamper its effectiveness and efficiency. The Committee

recommendation therefore assumes that management improvements will be the Department’s highest priority. The Committee

understands that the Department intends to fill the position of

Deputy Secretary of State for Management and Resources created

in the current year Appropriations Act. The filling of this position

is a critical first step toward ensuring that management, budgeting, and financial issues receive the appropriate attention at the

highest levels of the Department. The Committee expects that this

move will also ensure that there will be one official within the Department with the responsibility and authority to ensure that all

the Department’s operating, capital and program resources are rationally and efficiently managed. The Committee directs the Department to submit a corresponding reorganization plan through

the regular reprogramming process, and within 60 days after the

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Deputy Secretary of State for Management and Resources position

has been filled.

Diplomatic Readiness and Reform.—The recommendation includes $305,761,000 for program increases to help the Department

put the right people in the right places at the right times with the

right skills to advance the national interest. The recommendation

includes funding to support the hiring and training of 360 new employees, the consolidation under this account of over $100,000,000

in technology operations and maintenance costs formerly funded

from fees and from the Capital Investment Fund, adjustment of

pay scales for foreign national employees, the further consolidation

of financial services functions, and a large-scale replacement program for overseas equipment and vehicles.

Public Diplomacy.—The recommendation includes language,

similar to language included in the fiscal year 2001 bill, specifying

that $270,259,000 is available only for Public Diplomacy programs.

The integration of the United States Information Agency in fiscal

year 2000 resulted in public diplomacy resources being spread

across several different bureaus. The Committee believes that separately identifying these resources will facilitate the Committee’s

ability to monitor funding levels and trends for these activities. The

amount identified for public diplomacy programs includes the costs

of personnel and programs throughout the Department, and is the

same as the amount requested for these activities.

Worldwide Security Upgrades.—The Committee recommendation

includes $487,735,000, the full amount requested under Diplomatic

and Consular Programs, for the costs of worldwide security upgrades. This funding includes $349,323,000 to provide full year

costs of maintaining base security activities at current levels. These

activities include guard services, physical security equipment, armored vehicles, personnel, training and wireless communications.

In addition, the recommendation includes $74,000,000 for a perimeter security initiative. This initiative will enable the Department

to complete perimeter security upgrades at 59 posts in fiscal year

2002. The recommendation also includes $17,147,000 to support an

additional 186 positions in the Bureau of Diplomatic Security, including 86 special agents and 19 security engineers and technicians. This staffing increase will ensure that sufficient resources

are allocated to address continuing high threat levels overseas, to

improve the management of overseas security improvement programs, and also to maintain domestic protective and other responsibilities. Finally, the recommendation includes $47,265,000 for the

Department’s global security and law enforcement mission. The Department shall submit a detailed spending plan by December 31,

2001, for the entire amount provided for worldwide security upgrades.

Carrying out the recommendations of the Overseas Presence Advisory Panel (OPAP).—The Committee expects the Department to

continue efforts to implement the recommendations of the OPAP

issued in November, 1999. Some recommendations are limited to

changes within the Department, but others call for interagency

mechanisms to better coordinate, rationalize and manage the overall deployment of U.S. Government personnel overseas. The Committee has directed the Department over the last several years to

take various measures to rationalize staffing levels and to align

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staffing with foreign policy objectives. Those efforts have borne few

results, largely because the Department does not have the authority to overrule other agencies’ decisions regarding overseas presence. The Committee remains convinced that the proliferation of

overseas staff without regard to mission priorities and the duplication of effort overseas due to the absence of interagency coordination remain significant problems. The Committee also agrees with

the OPAP that right-sizing can result in significant overall budget

savings by reducing the size of overstaffed posts. The Department

shall submit a report to the Committee before November 30, 2001,

laying out an interagency methodology, timetable and spending

plan to extend an effective right-sizing analysis to all posts worldwide. The continuing support of the Committee for increased resources will be contingent upon the accomplishments of the Department in response to the mandates of the Panel, particularly in regard to right-sizing the American overseas presence and improvements in the management of overseas property. These issues are

also discussed under the Embassy Security, Construction and

Maintenance account.

Border Security Program.—The Department’s budget submission includes funding of $414,174,000 for the Department’s Border Security program, to be entirely funded through collection of Machine

Readable Visa (MRV) fees. This level of operations includes a program increase of 71 positions, reflecting projected workload increases in relation to visa applications, passport adjudications, citizen services and associated management. Based on information

from the Department, the Committee expects there to be

$112,000,000 in carryover funds from fiscal year 2001 available to

support the fiscal year 2002 program, and has included language

capping expenditure of fees collected in fiscal year 2002 at

$323,000,000, with funds collected in excess of that amount available for expenditure in fiscal year 2003. This is consistent with the

way offsetting fee collections are treated throughout the bill, and

assures that the Congress has the ability to monitor how these

funds are being expended. The Committee expects the Department

to work with the INS to review the implementation of visa laws,

as described under Title I of this report. The Committee continues

to support Bureau of Consular Affairs efforts to implement the diversity visa program.

Trafficking in Persons.—The Committee is concerned about the

serious and growing problem of international trafficking in persons.

The Committee notes the important role given to the Department

to monitor and combat trafficking in persons in the Victims of Trafficking and Violence Protection Act of 2000 (Public Law 106–386).

The Committee recommendation includes $2,000,000 for costs of

operating an office within the Department to conduct programs to

monitor and combat trafficking in persons. The Committee expects

to receive a proposal via the reprogramming process to establish

such an office during fiscal year 2001, pursuant to section 105(e)

of Public Law 106–386. The Committee recommendation also includes an additional $1,800,000 for the costs of an international

conference on combating sex trafficking to be held in Washington,

DC. Such a conference would bring additional international attention to the issue and be an opportunity for international networking and information sharing and a forum to develop interVerDate 11-MAY-2000 04:04 Jul 14, 2001 Jkt 089006 PO 00000 Frm 00099 Fmt 6659 Sfmt 6602 E:\HR\OC\HR139.001 pfrm02 PsN: HR139
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national plans of action on prevention, prosecution and protection.

The Committee expects that uses of this funding will include support for the participation of individuals from other countries who

would be unable to attend without such support.

Minority Recruitment and Hiring.—The Department is directed to provide $1,500,000 to continue its educational partnership begun

in fiscal year 2001 with Hostos Community College and Columbia

University in New York. This model program will support the Department’s ongoing efforts to increase minority hiring and diversity

by facilitating the preparation of non-traditional and minority students for careers in the Foreign Service and the State Department.

The Committee also notes that the Department has identified additional continuing base funding of at least $2,000,000 to improve efforts to recruit members of minority groups for careers in the Foreign Service and international affairs. The recommendation includes resources to continue these efforts, including an ongoing

partnership with Howard University.

Diplomatic Telecommunications Service/Program Office (DTS/

PO).—The Committee recommendation includes requested funding

for the continuing costs associated with the management of the nation’s overseas communications infrastructure. The Committee is

concerned about ongoing problems with the management of this

program. The expenditure of any amount above the current year

funding level in fiscal year 2002 will be subject to reprogramming

under Section 605 of this Act.

Africa Policy/Sudan.—The Committee is concerned about the

lack of sufficient attention to foreign policy issues regarding Africa,

and supports the Department’s efforts to improve the effectiveness

of its diplomatic efforts in the region. The Committee expects the

Department to conduct a top-to-bottom review of Africa policy, and

communicate the revised regional policy priorities to the Committee. The Committee expects the Department to take all necessary actions to help bring about an end to the conflict in Sudan,

including the naming of a special envoy.

Egypt.—The Committee is troubled by the deteriorating human

rights situation in Egypt. In particular, religious and ethnic minorities, especially the Copts, are in certain circumstances denied equal

treatment by law and in practice by Government of Egypt officials.

The Committee is concerned by reports that the Coptic community

must obtain permission directly from the President of Egypt before

constructing new churches. The Committee also is alarmed at government-sanctioned anti-Israeli and anti-Copt press activities, and

at the sentencing of leaders of the human rights community in

Egypt to long prison terms on questionable charges. The Committee urges the Department to exercise every opportunity to encourage Egypt to grant the same basic rights to all citizens.

Embassy Bombings.—The Committee directs the State Department and the Justice Department to ensure that victims of the

Nairobi and Dar es Salaam Embassy bombings receive the maximum services and compensation allowable under all existing authorities, including new regulations that are currently being drafted by the Justice Department in response to last year’s Victims of

Trafficking and Violence Protection Act.

Lebanon.—The Committee expects that within the amount provided under this heading, the Department will allocate the necVerDate 11-MAY-2000 04:04 Jul 14, 2001 Jkt 089006 PO 00000 Frm 00100 Fmt 6659 Sfmt 6602 E:\HR\OC\HR139.001 pfrm02 PsN: HR139
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essary amount to complete funding for a memorial at the U.S. Embassy in Beirut honoring the Americans killed in the bombing of

the U.S. Marine barracks on October 23, 1983.

Overseas Schools.—The Committee commends the Consolidated

Overseas Schools Assistance Program for its accomplishments in

improving educational opportunities for dependent children of

American families living abroad. The program fulfills the dual purpose of providing a quality, American-style education for children

of Americans assigned overseas and demonstrating the best practices in American education to children of other countries and local

educators. The Committee also commends the continuing contribution of the Overseas Schools Advisory Council and its annual Program of Educational Assistance that helps to provide educational

excellence to American-sponsored overseas schools. In addition, the

Council successfully promotes financial and in-kind support to

these schools from American businesses and foundations, as well as

volunteer participation in activities of the schools by U.S. firms’

employees and their spouses stationed overseas.

Office of Defense Trade Controls (ODTC).—The Committee notes

that concerns continue to arise regarding delays in the processing

of export licenses by the ODTC despite significant funding increases over the past few years. The Committee is particularly concerned by reports of a lack of support given to small companies,

delays by the various agencies involved in rendering decisions, and

unresponsiveness to requests for status reports on pending applications. The Committee expects ODTC to examine its procedures, and

redirect resources to address these areas of concern.

Extradition.—The Committee expects the Department to work

with the Department of Justice to bolster efforts to negotiate effective extradition treaties.

The Committee has included language in the bill, similar to language in prior years, which: (1) permits not to exceed $4,000,000

to be transferred to the Emergencies in the Diplomatic and Consular Service account for emergency evacuations and terrorism rewards; (2) provides $1,343,000 in fees collected from other Executive Branch agencies and $490,000 from reserves for lease or use

of facilities at the International Center Complex, as authorized by

law; (3) provides not to exceed $15,000 from reimbursements, surcharges, and fees for use of Blair House facilities in accordance

with the State Department Basic Authorities Act of 1956; (4) requires notification of Congress before processing licenses for the export of satellites to China; and (5) makes not to exceed $6,000,000

in fee collections available until expended for various activities.

The recommendation does not include requested language to permanently authorize the collection of MRV fees, or language allowing spending of certain fee collections.

CAPITAL INVESTMENT FUND

The Committee recommends $210,000,000 for the Capital Investment Fund, $113,213,000 above the fiscal year 2001 level and the

same as the request. In addition, the budget request estimates that

an additional $63,000,000 in expedited passport fees will be used

to support the information technology modernization effort, for a

total fiscal year 2002 spending availability of $273,000,000.

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The entire amount available under this heading, including fees,

will support investments in new information technologies and infrastructure to improve the efficiency of Department operations.

The total amount available, $273,000,000, represents an increase of

$215,959,000, or 379 percent above the comparable fiscal year 2001

level for new technology investments. Costs associated with information technology operations and maintenance, formerly supported

by amounts under this heading, are instead included under the

Diplomatic and Consular Programs account, as requested. The recommended level under that account includes $102,746,000 for operations and maintenance activities formerly funded under this heading.

The Committee recommendation provides the full requested

amounts for two major technology initiatives: —$106,600,000 for the Classified Connectivity Project. This

amount will enable the Department to replace obsolete computer and communications equipment that posts use for classified operations. —$109,631,000 for the OpenNet Plus project. This amount

will enable the Department to undertake, and complete, the expansion of desktop Internet access to all Department employees worldwide.

The Committee notes that the Department plans to use only

$650,000 during fiscal year 2002 to establish a common information technology platform at overseas posts, highlighted by the Overseas Presence Advisory Panel as a critical information technology

priority. The Committee expects the Department to continue to

work to correct this impediment to communications among agencies

and among posts. Should additional funding become available

under this account, the Committee encourages the Department to

reprogram funds, as needed, to this activity, in accordance with

section 605 of this Act.

The amount provided under this heading, when combined with

expedited passport fees, the portion of Machine Readable Visa fees

used for consular affairs technology improvements, and amounts

for information resource management in other Administration of

Foreign Affairs accounts, results in a Department-wide information

resources budget of $782,979,000. This represents approximately

18 percent of the Department’s total operating budget—a larger

percentage than is allocated to the Diplomatic Relations, Public Diplomacy, or Consular Relations functions.

The Committee is concerned that this increasing allocation of resources to technology infrastructure is not clearly linked to quantifiable achievements and efficiencies, either overseas or domestically. The Committee directs the Department to submit, by December 31, 2001, a detailed list of measurable performance targets

under the two major initiatives in this account, a corresponding implementation timetable, and specific efficiencies and savings that

will result.

OFFICE OF INSPECTOR GENERAL

The Committee recommends $29,264,000 for the Office of Inspector General (OIG), which is $837,000 above the current year level

and the same as the request. The Inspector General conducts oversight at the State Department and the Broadcasting Board of GovVerDate 11-MAY-2000 04:04 Jul 14, 2001 Jkt 089006 PO 00000 Frm 00102 Fmt 6659 Sfmt 6602 E:\HR\OC\HR139.001 pfrm02 PsN: HR139
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ernors. The Committee recommendation includes funding for OIG

oversight of the Department’s efforts to implement worldwide security upgrades.

The Committee recommends that the Inspector General exercise

appropriate oversight over the programs for International Commissions and International Broadcasting funded under this title.

The bill includes language, as in previous years, waiving the

statutory requirement that every post be inspected every five years,

in order to provide greater flexibility to the Inspector General to

use resources in the most productive areas. Despite this waiver of

the statutory requirement, the Committee understands that the

OIG is renewing its commitment to review and evaluate embassies,

missions and bureaus every five years. The Committee expects that

the OIG can begin to meet this goal by re-engineering its inspection processes and reprioritizing within the existing level of resources, making continuation of the waiver unnecessary in future

years.

EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS

The bill includes a total of $237,000,000 for the Educational and

Cultural Exchange Programs of the Department of State. This

amount is $5,922,000 above the fiscal year 2001 level, and

$5,000,000 below the budget request. In addition to the amount

provided under this heading, the Department expects to receive

transfers from accounts in other appropriations acts for exchange

programs with nations of east and central Europe, and of the

former Soviet Union. In fiscal year 2001, the Department expects

to obligate an additional $152,000,000 in this account for such programs.

Funding provided under this heading supports international educational and cultural exchange programs, including the Fulbright

student and scholar exchanges and the International Visitors Program, as well as staff costs to implement these and other exchange

programs. To the maximum extent possible, the Committee urges

that the following exchange programs be supported: the CongressBundestag youth exchange program, the disability exchange clearinghouse, foreign study grants for U.S. undergraduates, educational advising and counseling, citizen exchange programs, interparliamentary exchanges with China and Korea, youth science

leadership exchanges, American overseas research centers, regional

scholar exchanges, and student exchanges with Tibet, the South

Pacific and East Timor. With respect to the Congress-Bundestag

Program, the Committee intends that the amount provided will

support 380 exchanges in fiscal year 2002, the same level as in fiscal year 2001.

The Committee also anticipates that the Department may propose to continue support for the North/South Center under this account. The Committee encourages the Department to consider reducing the funding level for this sole-source award to a non-governmental organization affiliated with a university. The Center started receiving a direct subsidy from the Federal government in 1991.

Since that time, the Federal government has provided $45,295,000

for its operations. Prior to 1991, the Center operated on private

funding, and competed for and received project-specific Federal

grants. The Committee notes that the Center can solicit contribuVerDate 11-MAY-2000 04:04 Jul 14, 2001 Jkt 089006 PO 00000 Frm 00103 Fmt 6659 Sfmt 6602 E:\HR\OC\HR139.001 pfrm02 PsN: HR139
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tions and can compete for other Federal grants to support its activities.

With respect to exchanges with the newly independent states of

the former Soviet Union (NIS), the Committee expects that funding

provided under this heading shall be allocated in recognition of the

amounts available for similar programs via transfer from other appropriations. The Committee is concerned that amounts provided in

other appropriations acts and transferred to this account are resulting in significant geographical resource inequalities that do not

correspond with worldwide policy priorities. The Committee notes

that as a result of such transfers, over 57 percent of the total funding available for Exchange Programs in fiscal year 2000 was allocated to programs for Europe and the former Soviet Union. The

Committee expects the Department to certify to the Committee

that no more than 25 percent of the amount provided under this

heading for fiscal year 2002 shall be for exchange programs with

Europe and the former Soviet Union.

The Committee expects that a proposal for the programmatic distribution of available resources (including unobligated balances and

recoveries) will be submitted through the normal reprogramming

process within 60 days from the date of enactment of this Act. The

Committee expects that the overall funding distribution will conform to the geographical guidelines described in the previous paragraph.

The Committee supports the continuation of graduate exchange

fellowships with the former Soviet Union. Should the amount

transferred from other appropriations for this activity decline in

fiscal year 2002, the Committee would support an allocation within

the spending plan from amounts available under this heading.

The Committee notes that funding provided under this account

supports the Working Group on United States Government Sponsored International Exchanges and Training. This Working Group

is charged with identifying the most efficient and cost-effective uses

of Federal resources for international exchanges. The Committee

encourages the Working Group and the Department to ensure

interagency cooperation and efficiency, and to identify unnecessary

duplication in carrying out all exchange programs, particularly

those with the independent states of the former Soviet Union.

The Committee recommendation includes a limitation of not to

exceed $2,000,000 on the use of fees or other payments received

from or in connection with English teaching, educational advising

and counseling, and exchange visitor programs as authorized by

law.

The Committee is aware of an international initiative to develop

and implement new technologies to deliver higher education and

training content from American institutions to Africans. The Committee believes this initiative could have significant potential benefits to African workforce development and competitiveness in the

global economy. The Committee encourages the Department to consider supporting international exchanges that are designed to advance this initiative.

The Committee also encourages the Office of Citizen Exchanges

to consider proposals through competitive grant processes for grant

awards to support programs that build linkages between American

and foreign musicians and musical institutions.

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The Committee supports efforts to increase competition in

awarding grants to administer exchange programs. Increasing competition will allow more organizations to compete, including those

having expertise in specific regions of the world, and may lead to

the achievement of significant efficiencies. Maximizing the number

of grants that are subject to open competition also ensures that the

most meritorious applications are funded. The Committee encourages the Department to continue efforts to expand competition in

all exchange programs.

The Committee notes that exchange programs owe their success

in great measure to the partnerships that exist between the Federal government and private, nonprofit U.S. organizations, as such

programs are carried out through grants and cooperative agreements. The Committee urges the Department to renew and sustain

the existing partnerships with U.S. exchange organizations, and to

fully use the expertise and experience of such organizations.

REPRESENTATION ALLOWANCES

The Committee recommends $6,485,000 for representation allowances authorized by section 905 of the Foreign Service Act of 1980.

This is the same as the amount available in the current fiscal year

and $2,515,000 below the budget request. These funds are used to

reimburse Foreign Service Officers for expenditures incurred in

their official capacities abroad in establishing and maintaining relations with officials of foreign governments and appropriate members of local communities.

PROTECTION OF FOREIGN MISSIONS AND OFFICIALS

The Committee recommends a total of $9,400,000 for the Protection of Foreign Missions and Officials account. This is $6,033,000

below the amount available in fiscal year 2001 and $600,000 below

the budget request.

This account reimburses local governments and communities for

the extraordinary costs incurred in providing protection for international organizations, foreign missions and officials, and foreign

dignitaries under certain circumstances. The Committee believes

that local jurisdictions incurring such costs must submit a certified

billing for such costs in accordance with program regulations. The

Committee also believes that in those instances where a local jurisdiction will realize a financial benefit from a visit by a foreign dignitary through increased tax revenues, such circumstances should

be taken into account by the Department in assessing the need for

reimbursement under this program. The Committee expects the

Department to treat such submissions diligently and provide reimbursement to local jurisdictions on a timely basis if claims are fully

justified.

Of the total amount recommended, $1,300,000 is available for

protection of foreign diplomats and their families throughout the

United States. The Foreign Missions Act of 1982 authorizes the

provision of such services when necessary either at the request of

a foreign mission or on the initiative of the Secretary of State. In

these situations, where State and local authorities cannot provide

the security required, the Act permits the Department of State to

employ the services of private security firms.

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Of the total amount recommended, $8,100,000 is allocated to reimburse New York City for the protection of foreign missions and

officials accredited to the United Nations and other international

organizations. These funds provide for the costs of guard posts and

security escort and motorcade services to foreign missions and personnel assigned to the United Nations.

The bill includes language making these funds available until

September 30, 2003, as requested in the budget.

EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE

The Committee recommends a total appropriation of $1,285,960,000 for Embassy Security, Construction, and Maintenance. This is $208,360,000 above the amount available in fiscal

year 2001 and $5,046,000 below the budget request. The recommendation designates $815,960,000 as available only for priority

worldwide security upgrades, acquisition, and construction, the full

amount requested for such activities. The recommendation includes

$470,000,000 for non-security related costs, which is $53,941,000

above fiscal year 2001 and $5,046,000 below the budget request.

This account provides funding to the Department to manage U.S. Government real property worth more than $10,000,000,000 in

over 200 countries, including maintaining 3,000 Government-owned

and long-term leased properties at 250 posts and leasing approximately 1,100 office and functional facilities and 8,000 residential

units, not only for the Department of State, but for all U.S. employees overseas. The Department’s latest inspection survey identified

in excess of 4,200 maintenance and repair needs, as well as major

rehabilitation requirements. The Committee recommendation assumes that at least $5,046,000 in unallocated carryover balances

and recoveries will be available in fiscal year 2002 to allow the Department to carry out the activities under this heading at requested funding levels.

Worldwide Security Upgrades.—The Committee recommendation

includes $815,960,000 for security projects, the full amount requested, including $665,000,000 for the security capital program.

The budget request indicated that this amount would provide for

the design and/or construction of approximately seven facilities.

The Committee notes that the Department has recently notified the

Committee of significant downward adjustments to earlier total

funding estimates for a number of capital security projects. The

Committee therefore expects the Department to exceed the level of

activity projected in the request.

The Committee is concerned by the Department’s requests to reprogram funds under this activity for projects that do not address

top priority security vulnerabilities and for projects that will not result, when complete, in a facility that meets existing security

standards. The Committee recommendation for fiscal year 2002 includes funding for the non-security capital program (discussed

below). The Committee expects that such projects will be funded

from that source in the future, and that worldwide security funds

will be used for the purposes established in law.

The recommendation does not designate amounts for U.S. Agency

for International Development facilities, as was requested. Instead,

the Committee intends that the entire amount provided for the security capital program shall be allocated for projects at posts that

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are determined by the Department to be most in need of secure facilities. The Committee expects that the Department will continue

to report to the Congress on its findings in this regard. The Committee expects that a proposed spending plan for the entire amount

of available resources provided for worldwide security upgrades will

be submitted through the normal reprogramming process within 60

days from the date of enactment of this Act. The Committee expects the Department to notify it immediately if there are any facilities that the Department believes face serious security risks.

Capital Program.—The Committee recommendation includes

$19,000,000 for the non-security capital program. The Committee

does not designate this funding specifically for the construction of

a classified annex in Colombia, as was proposed in the request. The

Committee is aware of several additional non-security capital funding needs, including projects that correspond with proposed post

openings, that may be priorities for funding under this activity.

The Committee expects the Department to propose an allocation of

this funding through the normal reprogramming process.

Physical Security Upgrades.—The Committee recommends

$5,920,000 for physical security upgrades, the amount in the budget request. This amount does not include any new funding for the

Department’s share of a joint program to acquire living quarters to

enable the deployment of Marine Security Guards to selected posts

that currently lack such support.

Administration.—The Committee recommendation includes

$23,396,000 for administration costs associated with programs

under this heading, the same as the requested amount. The Committee understands that this amount will support the maintenance

of existing staffing levels and will not be used for the creation of

new positions.

Responding to the Recommendations of the Overseas Presence Advisory Panel.—The Committee directs the Department to continue

to vigorously implement the recommendations of the Overseas

Presence Advisory Panel (OPAP) that pertain to the security of facilities, management of overseas property, and the size and location

of overseas posts.

• All diplomatic facility construction and major renovation/rehabilitation projects funded under this account, including from assets

management funds, shall result in facilities that fully comply with

the Department’s security standards.

• The Committee notes the Department’s failure to submit a

plan to implement the Panel’s recommendation to establish a new

federally chartered government corporation to exercise responsibility for building, renovating, maintaining, and managing the Federal Government’s civilian overseas facilities, as directed the fiscal

year 2001 Conference Report. The Committee understands that the

Department has rejected this recommendation of the Panel without

further study or review. The Committee approved the Department’s

proposal to realign the reporting chain for the Office of Foreign

Buildings Operations, so that the Office now reports directly to the

Undersecretary for Management. The Committee now expects the

Department to continue to develop organizational improvements to

ensure the efficient conduct of the U.S. Government’s overseas real

estate function, and to propose such changes to the Committee. A

reliance on personnel changes as a substitute for fundamental orVerDate 11-MAY-2000 04:04 Jul 14, 2001 Jkt 089006 PO 00000 Frm 00107 Fmt 6659 Sfmt 6602 E:\HR\OC\HR139.001 pfrm02 PsN: HR139
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ganizational changes increases the likelihood that the problems

identified in the Panel’s report will persist over time. The Committee expects the Department to submit a report by no later than

January 15, 2002, outlining a comprehensive plan for organizational and structural changes to the Department’s foreign buildings

function, including a plan to ensure that all agencies represented

overseas share in the cost of overseas facilities, and to emulate private sector best practices in contracting and human resources management.

• The Committee is disappointed at the Department’s failure to

make discernable progress in the pursuit of an Administrationwide process of determining the right size and makeup of overseas

posts. In testimony before the Committee, the Department reported

that the right-sizing process proposed by the Panel is not workable.

The continued absence of any systematic control over the size and

growth of Federal department and agency presence outside of the

United States ensures the misallocation and waste of resources.

Past initiatives to improve the situation, including the Department’s Overseas Staffing Model, have been wholly unsuccessful,

and have served no purpose other than to be manipulated to support justifications for further staffing increases. The cost implications of a continuing failure to right-size are enormous. It costs two

to three times as much to maintain an employee outside of the

United States as it does within the United States. The Committee

is convinced, and agrees with the Overseas Presence Advisory

Panel, that rationalizing staffing and operations abroad has the potential for large budgetary savings. The justification for all facilities projects funded under this account must include a full explanation of regional efficiency and security planning, and related

staffing assumptions, and such projects will not be approved for

funding absent evidence of the application of a uniform right-sizing

methodology.

Assets Management.—The budget request designates $95,615,000

in assets management funds planned for expenditure in fiscal year

2002. The Committee expects that these funds will be used for opportunity purchases to replace uneconomical leases and for other

priority capital acquisition purposes. In addition, as in previous

years, the Committee expects that assets management funds will

continue to be allocated in part to security construction needs. Any

use of these or additional assets management funds in fiscal year

2002 is subject to reprogramming. In addition, with respect to the

requirement that a reprogramming for any major new start be submitted, the Committee understands that requirement to mean that

rehabilitation or construction of projects involving ambassador’s

residences will be subject to the requirement.

The recommendation includes language, as requested, reflecting

the renaming of the State Department Headquarters building, but

does not include a requested minor technical change to a citation.

The recommendation continues language carried in the bill in previous years that prohibits funds from being used for acquisition of

furniture and furnishings and generators for other departments

and agencies.

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EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE

The Committee recommends $10,000,000 to enable the Secretary

of State to meet unforeseen emergencies arising in the Diplomatic

and Consular Service. This amount is $4,535,000 above the amount

available in fiscal year 2001 and $5,500,000 below the budget request. The Committee does not provide the full requested increase,

and notes that the Department had $5,500,000 in carryover funding available in fiscal year 2001. The Committee funding recommendation anticipates at least $3,000,000 of carryover into fiscal

year 2002. Funding provided in this account is available until expended.

The Committee has included a provision in the bill that permits

up to $1,000,000 to be transferred from this account to the Repatriation Loans Program account, as requested in the budget. This provision will ensure an adequate level of resources for loans to American citizens through the Repatriation Loans Program account

should that account require additional funds in fiscal year 2002

due to an unanticipated increase in the number of loans.

This appropriation provides resources for the Department of

State to meet emergency requirements in the conduct of foreign affairs. The Committee recommendation provides funds for: (1) travel

and subsistence expenses for relocation of American employees of

the United States Government and their families from troubled

areas to the United States and/or safe-haven posts; (2) allowances

granted to State Department employees and their dependents evacuated to the United States for the convenience of the Government;

and (3) payment of rewards for information concerning terrorist activities.

REPATRIATION LOANS PROGRAM ACCOUNT

The Committee recommendation includes $612,000 for the subsidy cost of repatriation loans, which is $22,000 above the amount

available in the current fiscal year and the same as the budget request, and $607,000 for administrative costs of the program as authorized by 22 U.S.C. 2671, which is $4,000 above the amount

available in the current fiscal year and the same as the budget request.

This account provides emergency loans to assist destitute Americans abroad who have no other source of funds to return to the

United States.

PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN

The Committee recommends $17,044,000 for the appropriation

entitled ‘‘Payment to the American Institute in Taiwan’’. This

amount is the same as the budget request and $735,000 above the

current year amount. The recommendation provides for the Institute’s pay and inflationary base adjustments. In addition, the Institute is authorized to collect Machine Readable Visa fees, which are

expected to generate an additional $12,000,000 in revenues in fiscal

year 2002, as well as reimbursements from agencies and user fees

from trade show exhibitors.

The Committee expects that the American Institute in Taiwan

(AIT) will cover anticipated operating expenses in fiscal year 2002

through a combination of appropriations and visa fee revenues, and

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encourages the Institute to continue to pursue cost saving measures. The Committee expects the Department to submit by December 31, 2001, an AIT spending plan for fiscal year 2002, indicating

the total amount of estimated fee collections, the amount of such

fee collections allocated for operating expenses, and the total

amount planned for operating expenses from all funding sources.

The Taiwan Relations Act requires that programs concerning

Taiwan be carried out by the American Institute in Taiwan and authorizes funds to be appropriated to the Secretary of State to carry

out the provisions of the Act. The Institute administers programs

in the areas of economic and commercial services, cultural affairs,

travel services, and logistics. The Department of State contracts

with the American Institute in Taiwan to carry out these activities.

PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY

FUND

The Committee recommends $135,629,000 for the appropriation

entitled ‘‘Payment to the Foreign Service Retirement and Disability

Fund’’. This amount is the full budget request and is $4,405,000

above the amount appropriated for the current fiscal year. The

amount provided in the Committee recommendation is required to

amortize the unfunded liability in the system, as documented by

the annual evaluation of Fund balances.

This appropriation, which is considered mandatory for budget

scorekeeping purposes, is authorized by the Foreign Service Act of

1980, which provides for an appropriation to the Fund in 30 equal

annual installments of the amount required for the unfunded liability created by new benefits, new groups of beneficiaries or increased salaries on which benefits are computed. The Retirement

Fund is maintained through contributions by participants; matching government contributions; special government contributions, including this account; interest on investments; and voluntary contributions.

INTERNATIONAL ORGANIZATIONS AND CONFERENCES

CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

The bill includes a total of $850,000,000 for payment of the obligations of United States membership in international organizations

as authorized by conventions, treaties, or specific Acts of Congress

for fiscal year 2002. This is $18,917,000 below the amount available in the current fiscal year and $28,767,000 below the request.

The amount provided in the bill is intended to cover anticipated

assessments for membership in international organizations, including the United Nations. In addition, the amount provides the requested levels for assessments for membership in the North Atlantic Treaty Organization and the related North Atlantic Assembly,

International War Crimes Tribunals for Rwanda and the former

Yugoslavia, the Organization of American States, and the Pan

American Health Organization, among others.

Over the past several months, estimates of the amount required

to cover fiscal year 2001 assessments have varied based on the

most recent foreign currency exchange rates for the dollar, which

has risen in value since the budget request was formulated. The

Committee recommendation is based on a downward adjustment of

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the fiscal year 2002 request by $10,000,000 based on exchange rate

fluctuations, and also reflects the application of an estimated

$15,267,000 in available balances from fiscal year 2001 that the

Committee directs the Department to apply to the fiscal year 2002

assessment for the United Nations regular budget.

The Committee notes, with approval, the Department’s recent actions to formally withdraw from certain international organizations

where continued U.S. participation was determined to be a low priority in the context of overall U.S. national interests. The Committee continues to support the comprehensive reassessment of

U.S. membership in each of the 50 international organizations for

which funding is requested under this account. The recommended funding level does not include $3,500,000 requested to fund future renovations to the Organization for Economic Cooperation and Development (OECD) headquarters building in Paris. The Committee is not convinced of the need for the

United States to assume the largest funding share for an undefined

capital project in Paris with costs that could exceed $200,000,000.

The Committee expects to review detailed plans, cost estimates,

and potential financing methods through the reprogramming process before any funds are expended for this project.

The Committee notes that the Department’s request includes $12,011,000 for anticipated assessments for the International Civil

Aviation Organization (ICAO). The Committee understands that

this funding may not be necessary, due to the payment of 2001

United States assessments from amounts appropriated for the Federal Aviation Administration. The payment from this account of

any fiscal year 2002 funds for ICAO assessments will be subject to

the reprogramming requirements in section 605 of this Act. Any

such reprogramming shall include a report to the Committee on the

final status of fiscal year 2001 assessment payments from all

sources.

The Committee notes that the Department will continue to revise

the fiscal year 2001 operating budget and the fiscal year 2002 request over the next few months, and expects that those changes

will result in significant additional savings to allow the Department to live within the recommended level and still pay, in full, all

approved assessments.

The Committee continues to insist on reform as the highest priority for all of the international organizations, including the maintenance of zero nominal growth budgets and the development of

processes to evaluate and terminate programs. The Committee believes that the onus is on each international organization and the

State Department representatives to those organizations to reduce

overall budgets and eliminate duplicative activities, excessive administrative costs, and inefficient operations.

As indicated, the funding level assumes full payment of the U.S.

assessment to the United Nations regular budget, as has been provided every year since fiscal year 1989. This assessment is estimated at $266,244,000 for calendar year 2001. In order to assure

that the United Nations lives up to the fiscal discipline that the

Congress has insisted upon, the bill contains language, similar to

that carried last year and in previous fiscal years, and proposed for

deletion, that conditions release of $100,000,000 of the current year

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retary of State that the United Nations has taken no action 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 its 2000–2001 budget of

$2,535,700,000. The Committee directs the Department to continue

its policy of insisting on the maintenance of zero nominal growth

budgets in the United Nations and other international organizations. Any planned exception to this policy should be communicated

to the Committee far in advance of the formal consideration and

adoption of such an exception.

The Committee continues to believe that additional reforms are

required at the United Nations and other international organizations. The Committee directs the Department to insist on maintaining any reforms that have been achieved to date and to report to

the Committee on any actions taken that threaten the maintenance

of such reforms, including the maintenance of reduced staffing levels at the United Nations.

The Committee is deeply concerned by the secret ballot vote of

U.N. member nations to keep the United States off the U.N.

Human Rights Commission. The exit of the United States, and the

election at the same time of the Government of Sudan, effectively

cancels the ability of the United Nations to speak or act with credibility on human rights issues. The Committee views this vote as

part of a continuing effort by nations that routinely violate human

rights to escape scrutiny. The Committee expects the Department

to work to regain full United States membership on the Human

Rights Commission. The Committee notes that despite being voted

off, the United States will continue to be assessed for the largest

financial share of the U.N.’s human rights activities. At current

year levels, the United States annual share of assessed costs for

U.N. human rights activities is approximately $4,300,000. The

Committee encourages the Department to consider making the payment of such funds in fiscal year 2002 contingent upon the U.N.

discontinuing the use of secret ballots. The Committee also encourages the Department to consider the establishment of a coalition of

democratic states at the United Nations to more effectively promote

the rule of law and human rights. Adherence to universal standards of democracy and human rights should be among the criteria

for membership in such a coalition.

The recommendation includes full requested funding for the

international criminal tribunals for Rwanda and Yugoslavia. The

Committee notes a continuing failure to budget accurately for the

costs of these activities. The actual fiscal year 2001 appropriations

requirement for assessed contributions for these Tribunals is

$32,312,000 less than the Department’s corresponding budget requests under this account and under the Contributions for International Peacekeeping Activities account. The Committee is dismayed at the possibility that U.S. payments to the Tribunals could

end up in the pockets of accused war criminals or their families in

the form of kickbacks from Tribunal attorneys, as reported by the

U.N.’s Office of Internal Oversight Services. The Committee expects the Department to confirm the cessation and vigorous prosecution of these abuses and report back to the Committee. The

Committee also expects the Department to work with the U.N. to

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ensure the establishment and maintenance of strong internal controls at the Tribunals.

The Committee continues to support the work done by the Pan

American Health Organization (PAHO). PAHO has continued to

take the lead in health issues, including border health concerns

and emerging diseases that have an impact on citizens of the

United States and all citizens of the Americas. The Committee encourages the Department to continue to support PAHO’s efforts.

In addition, the bill includes language carried in previous years

stating that any payment of arrearages under this Title shall be directed toward special activities that are mutually agreed upon by

the U.S. and the respective international organization.

CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES

The Committee recommendation includes $844,139,000 for

United States payments for Contributions for International Peacekeeping Activities for fiscal year 2002, the same amount available

in fiscal year 2001 and the same as the amount requested in the

budget.

The Committee recommendation provides for the payment of anticipated fiscal year 2002 assessments for United Nations (U.N.)

peacekeeping missions.

The Committee is particularly concerned about the future of the

UNAMSIL mission in Sierra Leone. The Committee did not oppose

the expansion of UNAMSIL to 17,500 troops with the understanding that the current concept of operation assumes the beginning of U.N. occupation of RUF-controlled diamond producing areas

before the expiration of the current six-month mandate. In light of

the tragic consequences of past UNAMSIL failures, the Committee

intends to closely monitor the progress of this mission, and to hold

the U.N. and the Department accountable for achieving the goals

of the new concept of operation.

The Committee is also concerned about the continuing lack of

any demonstrable progress resulting from the MINURSO mission

in Western Sahara, despite an enormous investment of funds over

the past decade. The Committee notes that the Secretary General

and his Personal Envoy both recently recommended that the settlement plan upon which MINURSO is based should be put on hold.

The Committee urges the Department to work to encourage a negotiated settlement to the dispute, and a re-evaluation of the U.N.

peacekeeping presence.

The establishment of several large, complex missions over the

past two years has overtaken the capacity of the U.N. to plan and

manage such operations successfully. The Brahimi report last year

addressed many deficiencies in U.N. peacekeeping efforts, including

problems in doctrine, strategy, decision-making, planning, deployment, support and information technology. The Committee supports efforts to improve the performance and efficiency of U.N.

peacekeeping missions through structural and procedural reforms.

The Committee also supports efforts to better limit and focus the

goals of such missions, and to set specific benchmarks for performance and mission termination.

Finally, the Committee acknowledges the efforts of the United

Nations Office of Internal Oversight Services (OIOS) to identify

waste, fraud and abuse with regard to peacekeeping operations,

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and to recommend specific reforms to ensure that such practices

are brought to an end. The Committee directs the Department to

provide the necessary support to ensure that the work of the OIOS

is maintained and strengthened as it relates to oversight of peacekeeping operations.

The bill retains language carried in previous years requiring 15-

day advance notice of any new or expanded mission, together with

a statement of cost, duration, exit strategy, vital national interest,

and source of funds to pay the cost. The bill also retains language

requiring certification that American manufacturers and suppliers

are provided equal procurement opportunities, and language prohibiting the use of funds under this account for the costs of court

monitoring. The bill does not include requested language to make

a portion of appropriations under this account available for two fiscal years.

INTERNATIONAL COMMISSIONS

INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES

AND MEXICO

The bill includes a total of $30,225,000 for the International

Boundary and Water Commission, United States and Mexico

(IBWC). This amount is $199,000 above the amount available in

fiscal year 2001, and $2,881,000 less than the total budget request

for fiscal year 2002. The total amount provided includes

$24,705,000 for Salaries and Expenses and $5,520,000 for construction. The recommendation does not reflect the request to include

operations and maintenance costs in the construction account and

instead includes those costs under the salaries and expenses account. The recommendation includes language authorizing not to

exceed $6,000 for representation expenses.

SALARIES AND EXPENSES

The Committee recommendation for the Salaries and Expenses account is $24,705,000, which is $17,579,000 above the amount

available in fiscal year 2001 and $17,253,000 above the budget request. The recommendation includes $17,199,000 in this account

representing the adjusted base funding level for operations and

maintenance. Within the amount provided, the Committee expects

the Commission to take the necessary actions to maintain the flood

warning system of the Nogales Wash Project in the binational watershed. The Committee understands that the cost of this maintenance is estimated to be less than $5,000.

CONSTRUCTION

The Committee recommendation for IBWC construction provides

$5,520,000, which is $17,380,000 below the amount available in the

current fiscal year and $20,134,000 below the budget request. Since

the recommendation does not include operations and maintenance

costs, the recommendation does not include requested language to

add ‘‘operations and maintenance’’ to the allowable uses of funds

under this account.

The recommendation provides funding for ongoing projects as follows: Boundary-wide construction—$2,226,000; Rio Grande construction—$2,954,000; and Colorado River construction—$340,000.

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Any reallocation of funding may be proposed to the Committee

under the reprogramming procedures set forth in section 605 of

this Act.

AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS

The Committee recommends a total of $10,311,000 to fund the

U.S. share of expenses of the International Boundary Commission,

the International Joint Commission, United States and Canada,

and the Border Environment Cooperation Commission for fiscal

year 2002. This amount is $3,585,000 above the amount available

in fiscal year 2001 and the same as the budget request, and includes $989,000 for the International Boundary Commission,

$7,282,000 for the International Joint Commission and $2,040,000

for the Border Environment Cooperation Commission. The recommended funding level for the International Joint Commission includes $3,432,000 for the second year costs of a five-year study of

the water regulation plan governing Lake Ontario and the St. Lawrence River. The Committee encourages the Commission to designate a portion of this funding to develop a plan of study for reviewing additional lake level controls in the Great Lakes system.

INTERNATIONAL FISHERIES COMMISSIONS

The Committee recommends a total of $19,780,000 to fund the

U.S. share of the expenses of twelve international fisheries commissions or related organizations, as well as the travel expenses of the

United States commissioners. This amount is $431,000 above the

amount available in fiscal year 2001 and the same as the budget

request.

OTHER

PAYMENT TO THE ASIA FOUNDATION

The Committee recommends an appropriation of $9,250,000 for

payment to the Asia Foundation for fiscal year 2002, the same as

the budget request and $20,000 above the amount available in fiscal year 2001. The Committee recommendation also includes a

minor technical change to a citation, as requested.

The Asia Foundation is a private, nonprofit institution, the purpose of which is to stimulate Asian democratic development and assist the peoples of Asian countries to shape their own destinies.

EISENHOWER EXCHANGE FELLOWSHIP PROGRAM TRUST FUND

The Committee recommends an appropriation for fiscal year

2002 of interest and earnings from the Eisenhower Exchange Fellowship Program Trust Fund, expected to total $500,000.

The Eisenhower Exchange Fellowship Act of 1990 authorized a

permanent endowment for the Eisenhower Exchange Fellowship

Program to increase educational opportunities for young leaders in

preparation for and enhancement of their professional careers and

to advance peace through international understanding. The Act established the Eisenhower Exchange Fellowship Program Trust

Fund in the United States Treasury for these purposes. A total of

$7,500,000 has been provided to establish a permanent endowment

for the program, from which the appropriation of interest and earnVerDate 11-MAY-2000 04:04 Jul 14, 2001 Jkt 089006 PO 00000 Frm 00115 Fmt 6659 Sfmt 6602 E:\HR\OC\HR139.001 pfrm02 PsN: HR139
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ings is provided to Eisenhower Exchange Fellowships, Incorporated.

ISRAELI ARAB SCHOLARSHIP PROGRAM

The Committee recommends language in the accompanying bill

that will appropriate for fiscal year 2002 interest and earnings of

the Israeli Arab Scholarship Endowment Fund, expected to total

$375,000. A permanent endowment of $4,978,500 for the Fund was

established in fiscal year 1992 with funds made available to the

United States Information Agency under section 556(b) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990, as amended. The income from the endowment

is to be used for a program of scholarships for Israeli Arabs to attend institutions of higher education in the United States.

EAST-WEST CENTER

The Committee recommends an appropriation of $9,400,000 for

the costs of maintaining and operating the East-West Center. This

amount is $4,070,000 below the amount available in the current

fiscal year and $4,100,000 below the budget request.

The reduction from the current level and the request reflects the

Committee’s desire to reduce the reliance of the Center on a direct

sole-source subsidy from the Federal government. The Committee

notes that the Center can solicit contributions and can compete for

other Federal grants to support its activities.

The purpose of the Center is to promote better relations and understanding between the United States and the nations of Asia and

the Pacific through cooperative programs of research, study and

training. The Center started receiving a direct subsidy from the

Federal government in fiscal year 1961.

NATIONAL ENDOWMENT FOR DEMOCRACY

The Committee recommends $33,500,000 for the National Endowment for Democracy (NED) for fiscal year 2002, $2,569,000

above the amount available in fiscal year 2001 and $2,500,000

above the budget request. The Committee expects that funding provided above the request will allow NED to provide additional targeted grants to indigenous groups on the cutting edge of Africa’s

dynamic democracy movement, including groups in Sudan and the

Democratic Republic of Congo.

The National Endowment for Democracy is a private, non-profit

corporation established to encourage and strengthen the development of democratic institutions and processes internationally

through private-sector initiatives, training, and other activities, including those which promote pluralism, democratic governance,

civic education, human rights, and respect for the rule of law. The

Endowment does not carry out programs directly, but provides

funding for projects which are determined to be in the national interest of the United States and which are administered by private

organizations and groups.

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RELATED AGENCY

BROADCASTING BOARD OF GOVERNORS

INTERNATIONAL BROADCASTING OPERATIONS

The Committee recommends $453,106,000 to carry out United

States International Broadcasting Operations for fiscal year 2002.

The recommendation includes language and funding for Broadcasting to Cuba under this account, instead of as a separate account as provided in fiscal year 2001 and in the request. The recommended level is the same amount as the comparable budget request and $32,967,000 above the comparable amounts available for

international broadcasting operations in fiscal year 2001. The increase above the 2001 level provides all requested adjustments to

base for all entities funded under this account and full requested

funding for the initiative to expand and improve broadcasting to

the Middle East.

Arabic Broadcasting to the Middle East.—The Committee supports the Board’s efforts to redefine and enhance the effectiveness

of Voice of America broadcasting in Arabic to the Middle East. Including the existing base funding for VOA Arabic broadcasting, additional resources reallocated through language service review, and

a program increase of $5,000,000, the recommendation assumes

total funding of at least $14,300,000 under this account for the Arabic broadcasting initiative. Within this amount, the Committee expects the Board to place the highest priority on initiating broadcasting to Sudan, and the lowest priority on broadcasting to Iraq.

The Committee funding recommendation already includes base

funding to continue eight hours per day of Arabic broadcasting to

Iraq by Radio Free Europe/Radio Liberty. Additional requirements

associated with the Arabic broadcasting initiative are discussed

under the Broadcasting Capital Improvements heading. The Committee believes that additional opportunities may exist to allocate

additional funding to this and other priority initiatives, as described below.

Reprogramming of Exchange Rate Gains/Other Savings.—As in

past years, the Committee expects that there will be additional

savings available to the Board, including exchange rate gains and

vacancies in funded positions. The Committee notes that the Board

will have the ability to propose that savings be used for additional

requirements related to the Arabic broadcasting initiative, broadcasting to China, and other emerging priority programs, through

the normal reprogramming process.

Language Service Review and Research.—The Committee strongly supports the Board’s efforts to objectively and systematically review and evaluate the performance, results, and importance of

every U.S. Government-sponsored international broadcasting language service and to propose corresponding reallocations of funds.

The Committee endorses this process as a means to improve broadcast quality and meet emerging program priorities within limited

resources. The Committee notes that through language service reviews in fiscal years 2000 and 2001 the Board expects to reallocate

as much as $10,000,000 to emerging priorities. The Committee supports the continuation and expansion of this effort in fiscal year

2002 and expects the Board to proceed with its plan to consolidate

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and strengthen the research function to ensure that prioritization

decisions are based on the most complete and accurate data. Accordingly, the Committee recommendation includes the establishment of a central, enhanced, core research fund of $5,000,000. The

Committee encourages the Board to ensure that foreign policy implications are given full consideration before adopting language

service review recommendations. The Committee expects that the

continuing language service review effort may also result in the

dedication of additional resources to the Arabic broadcasting initiative, broadcasting to China, and other emerging priority programs,

through the normal reprogramming process.

The recommendation provides funding for the principal broadcasting entities as follows:

Voice of America.—The recommendation provides $139,910,000

for VOA. The Committee notes that this amount includes amounts

previously allocated separately for international television broadcasting programs. The Committee continues to urge the Board to

undertake a top-to-bottom review of television-related activities

and eliminate lower-priority, less cost effective programs. The Committee expects that such a review could result in significant future

savings. The overall recommended funding level for VOA includes

$9,526,000 above the fiscal year 2001 level to provide for requested

adjustments to base and program increases.

Radio Free Europe/Radio Liberty.—The recommendation provides the full requested amount of $68,697,000 for RFE/RL, including the requested amounts for broadcasting to Iran and Iraq. The

recommended amount includes $829,000 above the fiscal year 2001

level to provide for adjustments to base.

Radio Free Asia.—The recommendation provides the full requested amount of $25,221,000 for RFA. This amount includes

$996,000 above the fiscal year 2001 level to provide for adjustments to base, and will allow RFA to continue its expanded schedule of broadcasting to China, Tibet, Burma, Vietnam, North Korea,

Laos, and Cambodia. The Committee has included additional funding under the Broadcasting Capital Improvements account to overcome jamming of RFA broadcasts.

Broadcasting to Cuba.—The recommendation provides the full requested amount of $24,872,000 for Broadcasting to Cuba. This

amount includes $2,826,000 above the fiscal year 2001 level to provide for requested adjustments to base.

BROADCASTING CAPITAL IMPROVEMENTS

The Committee recommends $25,900,000 in new budget authority for broadcasting capital improvements, which is $9,000,000

above the request and $5,587,000 above the amount available in

fiscal year 2001. The amount recommended will provide for the

continuation of base costs for maintenance, improvements, replacements and repairs, digital production capability development, and

security upgrades at transmitting stations overseas.

Within the amount provided, the Committee expects the Board

to allocate at least the requested amount of $3,900,000 for the installation of medium wave transmission facilities associated with

the Arabic broadcasting initiative. The Committee expects that the

uses of this funding will include the development of a capability for

broadcasting to Sudan.

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The Committee recommendation also includes $9,000,000 above

the request for additional transmission infrastructure to defeat

jamming and reach a wider audience for Radio Free Asia and Voice

of America broadcasts to China, Tibet, Vietnam and North Korea.

The Committee directs the Board to submit a spending plan

within sixty days from the date of enactment of this Act allocating

funds available in this account, including carryover balances, to

various activities. The plan shall include detailed proposals for the

Arabic and East Asia enhancements. The Board shall also continue

to keep the Committee informed regarding costs and results of the

ongoing digital conversion project.

GENERAL PROVISIONS—DEPARTMENT OF STATE AND RELATED

AGENCY

The Committee recommends the following general provisions for

the Department of State, similar to provisions that were included

in the fiscal year 2001 Appropriations Act:

Section 401 of the bill permits funds appropriated in this Act for

the Department of State to be available for allowances and differentials as authorized by subchapter 59 of Title 5 of the United

States Code; for services as authorized by 5 U.S.C. 3109; and hire

of passenger transportation pursuant to 5 U.S.C. 1343(b).

Section 402 of the bill permits up to five percent of any State Department appropriation to be transferred to another State Department appropriation, but no program can be increased by more than

ten percent, and also provides the same authority to Broadcasting

Board of Governors programs. In addition, the language provides

that any transfer pursuant to this subsection shall be treated as a

reprogramming of funds under section 605 of the accompanying bill

and shall not be available for obligation or expenditure except in

compliance with the procedures set forth in that section.

Section 403 of the bill prohibits the use of funds by the Department of State or the Broadcasting Board of Governors to provide

assistance to the Palestinian Broadcasting Corporation.

TITLE V—RELATED AGENCIES

The Committee recommends $2,102,167,000 in new budget authority in the accompanying bill for the Related Agencies in this

Title for fiscal year 2002. This amount is $94,465,000 below current

year appropriations, and $297,975,000 below the budget request.

DEPARTMENT OF TRANSPORTATION

MARITIME ADMINISTRATION

The Committee recommendation includes a total of $231,732,000

in new budget authority for the Maritime Administration (MARAD)

for fiscal year 2002, as described below:

MARITIME SECURITY PROGRAM

The Committee recommends $98,700,000 for the Maritime Security Program. No funds were requested for this program under the

Maritime Administration. The President’s budget requested

$98,700,000 for this program under the Department of Defense.

The recommendation provides the funding instead to the Maritime

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Administration and assumes that the Maritime Administration will

continue to administer the program. The recommendation will provide all the resources necessary for the operation of the program

through fiscal year 2002. The purpose of the Maritime Security

Program is to maintain and preserve a U.S. flag merchant fleet to

serve the national security needs of the United States. The program provides direct payments to U.S.-flag ship operators engaged

in U.S.-foreign trade. Participating operators are required to keep

the vessels in active commercial service and are required to provide

intermodal sealift support to the Department of Defense in times

of war or national emergency. This program is funded under the

allocation for national security programs.

The Committee recommendation provides funding for payments to U.S. carriers for 47 ships, capped at $2,100,000 per ship, per

year.

OPERATIONS AND TRAINING

The Committee recommends an appropriation of $89,054,000 to

fund programs under the Operations and Training account of the

Maritime Administration. This amount is $2,335,000 above the current fiscal year and the same as the budget request. This account

provides funding for the U.S. Merchant Marine Academy, the State

maritime schools, and MARAD operations. The Committee recommendation includes $47,822,000 for the operation and maintenance of the U.S. Merchant Marine Academy,

an increase of $690,000 above the fiscal year 2001 level. The Committee recommendation includes language, modified from the request, designating $13,000,000 to remain available until expended

for the continuation of an initiative to maintain and repair the

Academy’s infrastructure, and thereby improve safety and health

conditions for the midshipmen and faculty. MARAD has submitted

to the Committee a master plan to address the Academy’s longterm maintenance and renovation needs. The Committee has approved the allocation of $13,000,000 from fiscal year 2001 appropriations to address specific capital improvement needs, including

the elimination of lead in Academy drinking water, renovations to

bring buildings into compliance with the Americans with Disabilities Act, renovations to the Mallory pier and bulkhead, and the

completion of architectural and engineering design to renovate the

barracks buildings. The additional $13,000,000 provided for fiscal

year 2002 will enable the Academy to pursue additional capital improvements consistent with the facilities master plan. The Committee directs MARAD to submit, no later than November 30, 2001,

and prior to the expenditure of fiscal year 2002 funds, a spending

plan for this initiative, subject to the reprogramming requirements

under section 605 of this Act. The Committee reminds MARAD and

the Academy that deviations from approved spending plans are

also subject to section 605 reprogramming requirements.

The Committee notes with concern that MARAD has still not

fully complied with the directive in the report accompanying the

fiscal year 1999 House bill to submit information on various aspects of Maritime Education and Training. The Committee continues its interest in accurately determining the need for Federal

support for maritime education, measuring results of these programs in relation to their national security goals, and ensuring a

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minimum of duplication and inefficiency among the U.S. Merchant

Marine Academy, State academies, and other institutions that do

not receive funding under this account. The Committee understands that MARAD has thus far been unable to determine the impact of licensed officer education programs funded under this account on the achievement of national security goals. As a first step

in this regard, the Committee directs MARAD to conduct a survey

of currently licensed mariners in conjunction with the Bureau of

Transportation Statistics, and to submit the report to the Committee by September 30, 2001.

The recommendation includes the requested level of $7,457,000

for State maritime schools, the same as the fiscal year 2001 level.

The Committee encourages MARAD to pursue its ‘‘level-funding’’

initiative for schoolship maintenance and repair, and endorses the

goals of increased cost-sharing, increased local responsibility, and

the elimination of periodic spikes in costs. The Committee notes

that, in addition to the funds provided for State schools under this

account, MARAD expects to receive additional funding in fiscal

year 2002 of at least $2,000,000 for school ship maintenance and

repair under the Department of Defense Ready Reserve Force program. The Committee notes that MARAD has again requested

$1,200,000 under this activity to maintain the Student Incentive

Payment program at the current level. The Committee directs

MARAD to report to the Committee by November 30, 2001, with

a justification for the annual target for new reservists in relation

to documented emergency requirements that cannot be met from

other sources.

The Committee recommendation includes $33,775,000 for operating programs and general administration of MARAD, an increase

of $1,645,000 above fiscal year 2001 to support requested adjustments to base. This funding level is intended to support 945 fulltime equivalents, the same level as in fiscal year 2001.

SHIP DISPOSAL

The Committee recommendation includes $10,000,000 for expenses related to the disposal of obsolete vessels in the National

Defense Reserve Fleet (NDRF), the same amount as requested. The

Committee is aware of the need to reduce the current inventory of

115 vessels in the NDRF awaiting disposal. The Committee directs

MARAD to submit a plan for the expenditure of resources under

this account by November 15, 2001, in accordance with the procedures outlined in section 605 of this Act. The budget request indicated that this funding would allow MARAD to scrap at least three

vessels. The Committee urges MARAD to consider every feasible alternative for the use of fiscal year 2002 funding in order to accelerate the disposal rate of these vessels, particularly those which

pose the greatest environmental risk. The spending plan shall include: a multi-year plan for reducing the inventory based on level

funding; a plan to reduce the average scrapping cost; the methodology used to prioritize disposal based on environmental risk management; a target number of vessels to be disposed of by means

other than scrapping; and a plan to expedite the sale of vessels

that meet environmental requirements.

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MARITIME GUARANTEED LOAN PROGRAM

The Committee recommends a total of $33,978,000 for the Maritime Guaranteed Loan (Title XI) Program. This amount is

$30,000,000 above the budget request, and is $66,000 above the

amount available in fiscal year 2001. The Committee recommendation also includes language that requires MARAD to submit a reprogramming under section 605 of the Act before exceeding a loan

program level of $1,000,000,000.

The amount provided includes $30,000,000 in subsidies for the

guaranteed loan program. The Committee directs that MARAD

shall not make commitments exceeding the $1,000,000,000 program

limitation in FY 2002, including commitments made with appropriations from previous fiscal years, without prior notification of

the Committee in accordance with section 605 reprogramming procedures. The Committee further directs MARAD to continue to submit quarterly reports to the Committee on Title XI obligations, including information on total loan principal guaranteed by each separate fiscal year’s subsidy appropriation.

The Committee notes that the amount of loans that the appropriation supports depends upon the risk factor in the loans that

MARAD approves. To the extent that the program concentrates on

lower-risk loans, the appropriation will support a higher total program level, and the risk of defaults will be decreased. The Committee urges MARAD to continue to ensure that any loan guarantees issued under this program meet the economic soundness requirement under Title XI.

The amount provided also includes $3,978,000 for administrative

expenses related to this program, the same amount provided in fiscal year 2001 and the same as the request. The amount provided

for administrative expenses may be transferred to and merged with

appropriations for MARAD operations and training on a reimbursable basis to cover the common overhead expenses associated with

maritime guaranteed loans.

ADMINISTRATIVE PROVISIONS

The bill includes administrative provisions involving Government

property controlled by MARAD, the accounting for certain funds received by MARAD, and a prohibition on obligations from the

MARAD construction fund. These provisions have been carried in

Appropriations Acts for the Maritime Administration for several

years.

COMMISSION FOR THE PRESERVATION OF AMERICA’S HERITAGE

ABROAD

SALARIES AND EXPENSES

The Committee recommends $489,000 for the expenses of the

Commission for the Preservation of America’s Heritage Abroad.

This amount is the same as the level in the budget request and the

current year. The recommendation for this year will allow the Commission to fund its administrative expenses through appropriated

funds while relying on privately donated funds for the actual purchase and restoration of property. The Committee notes and enVerDate 11-MAY-2000 04:04 Jul 14, 2001 Jkt 089006 PO 00000 Frm 00122 Fmt 6659 Sfmt 6602 E:\HR\OC\HR139.001 pfrm02 PsN: HR139
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courages the efforts of the Commission to attract additional funding for the Commission’s efforts.

The purpose of the Commission is to encourage the preservation

of cemeteries, monuments, and historic buildings associated with

the foreign heritage of the American people.

COMMISSION ON CIVIL RIGHTS

SALARIES AND EXPENSES

The Committee recommends an appropriation of $9,096,000 for

the salaries and expenses of the Commission on Civil Rights for fiscal year 2002. The amount recommended is $216,000 above the fiscal year 2001 level and the same as the budget request.

The Commission was established by the Civil Rights Act of 1957

and is directed by eight part-time commissioners. The Commission

was created to protect the civil rights of people within the U.S. and

was intended to be an independent, bipartisan, fact-finding agency.

The Commission investigates charges of citizens being deprived of

voting rights, and collects, studies and disseminates information on

the impact of Federal laws and policies on civil rights.

The Committee reminds the Commission that agencies seeking

appropriations from Congress must submit budget justification material to the Committee. The Committee expects that in the future

the Commission will submit such material in a timely fashion, and

that the amount of the Commission’s budget request will correspond with the amount requested in the President’s budget.

The Committee recommends bill language which provides (1)

$50,000 to employ consultants; (2) a prohibition against reimbursing commissioners for more than 75 billable days, with the exception of the chairwoman, who is permitted 125 billable days; and (3)

a limitation of four full-time positions under schedule C of the Excepted Service, exclusive of one special assistant for each commissioner.

COMMISSION ON INTERNATIONAL RELIGIOUS FREEDOM

SALARIES AND EXPENSES

The Committee recommendation includes $3,000,000 for the

Commission on International Religious Freedom, the same amount

as the budget request.

The Commission, established pursuant to the International Religious Freedom Act of 1998, conducts independent reviews and reporting of facts and circumstances of violations of religious freedom

abroad, and recommends options for United States policies with respect to foreign countries engaging in or tolerating violations of religious freedom.

COMMISSION ON OCEAN POLICY

SALARIES AND EXPENSES

The Committee does not include requested language regarding

reporting requirements. No funding was requested or recommended

for this account.

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COMMISSION ON SECURITY AND COOPERATION IN EUROPE

SALARIES AND EXPENSES

The Committee recommends an appropriation of $1,499,000 for

the Commission on Security and Cooperation in Europe, the same

amount as the request, and an increase of $132,000 above the

amount provided in the current fiscal year.

The Commission was established in 1976 to monitor compliance

with the final act of the Conference on Security and Cooperation

in Europe, with particular regard to provisions dealing with humanitarian affairs.

CONGRESSIONAL-EXECUTIVE COMMISSION ON THE PEOPLE’S

REPUBLIC OF CHINA

SALARIES AND EXPENSES

The Committee recommends an appropriation of $500,000 for the

Congressional-Executive Commission on the People’s Republic of China, the same amount as the request and $1,000 above the

amount provided in the current fiscal year.

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

SALARIES AND EXPENSES

The Committee recommends $310,406,000 for the salaries and

expenses of the Equal Employment Opportunity Commission

(EEOC) for fiscal year 2002. This amount is the same as the request, and $7,211,000 above the amount available in the current

year.

Within the funding provided, the Committee directs the Commission to continue reducing the backlog of pending private sector discrimination charges, and expanding the use of alternative dispute

resolution (ADR) techniques, including mediation and ‘‘early resolution’’. The Committee funding recommendation assumes that the

Commission will at least maintain the current level of spending on

contract mediation ($1,800,000), in addition to the mediation being

performed by EEOC staff.

The Committee expects the EEOC to submit a spending plan to

the Committee in accordance with section 605 of this Act before

December 31, 2001, describing the allocation of funding to various

Commission activities, including private sector charge backlog reduction, ADR and mediation initiatives, litigation, and automation

improvements.

The Committee again expresses concern regarding the failure to

achieve further private sector charge backlog reduction. The Committee notes that the budget request assumes a reduction of less

than 6% by the end of fiscal year 2002. The Committee directs the

Commission to make the reduction of this backlog its highest priority. The Committee expects the Commission to submit a spending

plan that allocates the increased resources in this account to backlog reduction on a priority basis, and expects the Commission to exceed the backlog reduction targets included in the budget request.

The EEOC may be able to achieve even greater backlog reductions

depending on the intake rate for new charges and the extent to

which ‘‘early resolution’’ methods are adopted.

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The Committee notes that the State and local Fair Employment

Practices Agencies (FEPAs) will resolve an estimated 55,785

charges in fiscal year 2002. The bill includes language similar to

that included in previous Appropriations Acts allowing not to exceed $30,000,000 for payments to State and local FEPAs. The Committee encourages the EEOC to use the experience the FEPAs have

in mediation, as the Commission implements its ADR programs.

The Committee is willing to entertain proposals in the spending

plan to reprogram additional funds to the FEPAs for this purpose.

The bill also includes language similar to that included in previous Appropriations Acts allowing non-monetary awards to private

citizens, and up to $2,500 for official reception and representation

expenses.

FEDERAL COMMUNICATIONS COMMISSION

SALARIES AND EXPENSES

The Committee recommends total budget authority of $238,597,000 for the salaries and expenses of the Federal Communications Commission (FCC) for fiscal year 2002, of which

$218,757,000 is to be derived from offsetting collections, resulting

in a direct appropriation of $19,840,000. The recommended total

budget authority is $9,948,000 below the request, and $9,103,000,

above the current year appropriation.

The Committee directs the Commission to submit, no later than

December 15, 2001, a financial plan proposing a distribution of all

funds in this account, subject to the reprogramming requirements

under section 605 of this Act.

The Committee recommendation includes bill language, similar

to that included in previous Appropriations Acts, which allows: (1)

up to $600,000 for land and structure; (2) up to $500,000 for care

of grounds and buildings; (3) up to $4,000 for official reception and

representation expenses; (4) up to $300,000 for research and policy

studies to remain available until September 30, 2003; (5) purchase

of uniforms and acquisition of vehicles: (6) special counsel fees; (7)

collection of $218,757,000 in section 9 fees; (8) the sum appropriated to be reduced as section 9 fees are collected; and (9) fees

in excess of $218,757,000 to be available in fiscal year 2003.

The mission of the Federal Communications Commission is to

implement the Communications Act of 1934, as amended, in a

manner that promotes competition, innovation, and deregulation in

the communications industry and the availability of high quality

communications services for all Americans. The Committee commends the Commission on its efforts to keep pace with industry

changes and to set rational productivity goals. The recommendation includes a total of $238,597,000 in direct appropriations and

offsetting collections for this purpose.

The FCC faces a number of complex issues related to spectrum

licensing and allocation this year—the ramifications of which will

affect communications policy over the long term. The Committee

supports thorough and timely reviews and will avoid any effort to

impose arbitrary deadlines upon consideration of these matters.

The Committee also wishes to note that, given funding constraints,

it would caution against the development of regional projects,

which might not benefit the Nation as a whole.

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The Committee would also emphasize the importance of the

FCC’s commitment to the availability of high quality communications. In addition to technical quality, the Committee hopes the

Commission will take greater steps toward carrying out its responsibilities under Title 18 of the United States Code, Section 1464.

The procedures developed by the FCC for addressing ‘‘* * * obscene, indecent, or profane, language by means of radio communication * * *’’ are cumbersome and reactive only. The Committee

commends recent FCC efforts to take a more aggressive stance in

curbing an assault of obscene matter over the airwaves while remaining cognizant of the Constitutional rights of our citizens.

The Committee does not include in its bill a new authorization

requested in the President’s Budget, to alter the E-rate program.

The proposal did not appear in the budget justification submitted

by the FCC and Administration support for the proposal is uncertain at this time.

FEDERAL MARITIME COMMISSION

SALARIES AND EXPENSES

The Committee recommends an appropriation of $15,466,000 for

the salaries and expenses of the Federal Maritime Commission

(FMC) for fiscal year 2002. This amount is a reduction of $984,000

below the budget request and the same as the amount available in

the current fiscal year. The Committee directs the Commission to

maintain a zero growth budget as the Commission continues to advance the deregulatory mandates of the Ocean Shipping Reform

Act. The Committee expects that any pay and inflationary increases shall be absorbed through hiring below attrition and other

cost-cutting measures.

FEDERAL TRADE COMMISSION

SALARIES AND EXPENSES

The Committee recommends total budget authority of

$155,982,000 for the salaries and expenses of the Federal Trade

Commission for fiscal year 2002, which is $8,828,000 above the current year appropriation and $288,000 below the request. This

amount is to be derived from current year offsetting fee collections

from premerger filing fees under the Hart-Scott-Rodino Act, resulting in no net direct appropriation.

The mission of the Federal Trade Commission is to enforce a variety of Federal antitrust and consumer protection laws. Under

these laws, the Commission seeks to ensure that the nation’s markets are competitive, function vigorously and efficiently, and are

free from undue governmental and private restrictions. The Commission also seeks to improve the operation of the marketplace by

eliminating deceptive and unfair practices. Appropriations for both

the Antitrust Division of the Department of Justice and the Commission are financed with Hart-Scott-Rodino Act pre-merger filing

fees.

The recommended level provides for pay and inflationary base

adjustments to maintain the current operating level. The Committee notes that any use of remaining unobligated fee collections

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from prior years are subject to the reprogramming requirements

outlined in section 605 of this Act.

The Committee recommends bill language, similar to that included in previous Appropriations Acts, which: (1) allows for hire

of motor vehicles; (2) allows up to $2,000 for official reception and

representation expenses; (3) allows for the collection of fees; (4) allows for the sum appropriated to be reduced as fees are collected;

(5) prohibits the use of funds to implement section 151 of the Federal Deposit Insurance Corporation Improvements Act of 1991; and

(6) makes funds appropriated from the Treasury for the FTC available until expended.

LEGAL SERVICES CORPORATION

SALARIES AND EXPENSES

The Committee recommendation includes $329,300,000 for the

Legal Services Corporation for fiscal year 2002. This amount is the

same as the request and $26,000 above the current year appropriation. This amount includes: (1) $310,000,000 for grants to basic

field programs; (2) $2,500,000 for the Office of Inspector General;

(3) $12,400,000 for Corporation management and administration;

and (4) $4,400,000 for client self-help and information technology.

The Committee notes that $40,000,000 is provided for civil legal assistance under the Violence Against Women Act program funded

under Title I of this bill.

The Legal Services Corporation is a private, nonprofit corporation that provides low-income individuals with access to legal assistance and information concerning civil legal problems. Created

in 1974, the Legal Services Corporation is charged by Congress to

provide assistance to those who would otherwise be unable to afford adequate legal counsel.

The Committee supports LSC’s efforts to streamline its service

area configurations through the State planning process. However,

the Committee has been made aware of concerns that LSC has attempted to impose its own reconfiguration plans on certain States

without clearly articulating standards for such decisions. In several

instances the Corporation rejected reconfiguration plans developed

and approved by all relevant stakeholders within a State, and provided no opportunity for the State to appeal that decision. The

Committee expects LSC to review the State planning process and

the concerns raised, and report back to the Committee by no later

than September 4, 2001, with a proposal that articulates the reconfiguration standards and process for States to appeal LSC’s decisions. The Committee intends that LSC consult with appropriate

stakeholders in developing this proposal.

The Committee reminds the Legal Services Corporation that its

grantees are prohibited by section 504(a)(7) of Public Law 105–119

from participating in class action lawsuits and directs the Corporation to ensure its grantees comply.

ADMINISTRATIVE PROVISION—LEGAL SERVICES CORPORATION

The Committee recommendation includes bill language to continue statutory requirements and restrictions contained in previous

Appropriations Acts, as requested. A legal correction is recVerDate 11-MAY-2000 04:04 Jul 14, 2001 Jkt 089006 PO 00000 Frm 00127 Fmt 6659 Sfmt 6602 E:\HR\OC\HR139.001 pfrm02 PsN: HR139
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ommended to reflect the recent Supreme Court ruling in the Legal

Services Corporation v. Velazquez case.

MARINE MAMMAL COMMISSION

SALARIES AND EXPENSES

The Committee recommends $1,732,000 for the Marine Mammal

Commission for fiscal year 2002. The recommendation is the same

amount as the request and $36,000 above the current year level.

The Committee recommendation provides for continuation of research on the impacts of sea ice and other environmental changes

on Arctic marine resources and the Alaska Natives that depend

upon them; for continuation of studies to further protect the Florida manatee; and for research stemming from the Commission’s

contaminants research project.

NATIONAL VETERANS BUSINESS DEVELOPMENT CORPORATION

SALARIES AND EXPENSES

The Committee recommends $4,000,000 under a new separate

account for the National Veterans Business Development Corporation, the same as the budget request. The same amount was made

available in the current fiscal year from the ‘‘Salaries and Expenses’’ account of the Small Business Administration.

The Corporation was established pursuant to the Veterans Entrepreneurship and Small Business Development Act of 1999 to expand the provision of and improve access to technical assistance regarding entrepreneurship for the nation’s veterans, and to assist

veterans, including service-disabled veterans, with the formation

and expansion of small business concerns.

PACIFIC CHARTER COMMISSION

SALARIES AND EXPENSES

The Committee recommends $2,500,000 as an initial appropriation to support the establishment of the Pacific Charter Commission. No funding was requested for this Commission. The role of

the Commission as articulated in the Pacific Charter Commission

Act of 2000 is the promotion of consistent and coordinated foreign

policy in the Asia-Pacific region, including support for democratization, the rule of law, and human rights.

SECURITIES AND EXCHANGE COMMISSION

SALARIES AND EXPENSES

The Committee recommends overall funding for the Securities

and Exchange Commission (SEC) of $437,900,000, which is the

same as the request and $16,030,000 above the level provided in

fiscal year 2001. The overall funding is made up of the following

components: (1) an appropriation of fiscal year 2002 offsetting fee

collections of $109,500,000; and (2) an appropriation of prior year

offsetting fee collections of $328,400,000. The recommendation provides the Commission with the full amount of requested adjustments to base funding for pay and inflation changes. The Committee is aware of the ‘‘pay parity’’ provisions contained in the InVerDate 11-MAY-2000 04:04 Jul 14, 2001 Jkt 089006 PO 00000 Frm 00128 Fmt 6659 Sfmt 6602 E:\HR\OC\HR139.001 pfrm02 PsN: HR139
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vestor and Capital Markets Fee Relief Act (H.R. 1088), and will address additional requirements related to ‘‘pay parity’’ in the event

that bill is enacted. The Committee recommendation also includes

requested language to preserve the current allocation of Section 31

fees notwithstanding the registration of Nasdaq as an exchange.

The Committee recommendation includes bill language providing

offsetting fee collections in accord with levels authorized in the National Securities Markets Improvement Act of 1996. The Committee intends that any such collections in excess of the amounts

made available in fiscal year 2002 will remain available for the Securities and Exchange Commission in future years through the regular appropriations process.

The Committee commends the SEC on the important actions recently taken to increase enforcement of disclosure rules. Foreign

corporations playing a direct role in human rights abuses in Sudan

have been able to offer securities to American investors, and as a

result, these investors are unwittingly helping to subsidize these

atrocities. The SEC has a responsibility and an obligation to require these corporations to disclose such involvements to U.S. investors. The Committee is pleased by the progress already made,

and will continue to insist on the full exercise of existing authorities to inform and protect American investors in this area.

In addition, the Committee recommends bill language, similar to

that included in previous Appropriations Acts, which: (1) allows for

the rental of space; (2) makes up to $3,000 available for official reception and representation expenses; (3) makes up to $10,000 available for a permanent secretariat for the International Organization

of Securities Commissions; and (4) makes up to $100,000 available

for expenses of meetings and consultations with foreign governmental and regulatory officials.

The SEC was created by the Securities Exchange Act of 1934 as

an independent, quasi-judicial agency. It administers a group of

statutes in the area of securities and finance which seek to protect

the investing public by providing full disclosure, regulating the nation’s securities markets, and preventing and policing fraud and

malpractice in the securities and financial markets.

SMALL BUSINESS ADMINISTRATION

The accompanying bill provides a total of $727,872,000 for four

appropriations items of the Small Business Administration (SBA).

This amount is $185,872,000 above the budget request, and

$129,729,000 below the amount appropriated in fiscal year 2001.

The details for the four SBA appropriation accounts are contained

in the following paragraphs.

The Committee is disappointed by the failure of the SBA to put

forward a credible appropriations request. The funding request includes major reductions to credit and non-credit programs that are

predicated on the enactment of separate authorization measures.

The enactment of these measures, in most cases, is highly unlikely.

The Committee rejects this approach, and directs the SBA to re-examine its budget formulation process and to base future funding

requests on credible estimates of true program requirements.

The Committee recommendation for fiscal year 2002 again includes funding to improve portfolio management and systems modernization efforts. The Committee expects the SBA to continue to

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place a high priority on these improvements that will make possible further streamlining and efficiencies.

SALARIES AND EXPENSES

The Committee recommends $303,581,000 for the salaries and

expenses account of the Small Business Administration. This

amount is $64,243,000 below the amount provided in fiscal year

2001, and $17,638,000 below the request.

Of the amount provided under this heading, $157,681,000 is for

operating expenses of the SBA. In addition, a total of $138,854,000

may be transferred to and merged with the salaries and expenses

account for indirect operating costs. This amount consists of

$129,000,000 from the Business Loans Program account for administrative expenses, and $9,854,000 from the Disaster Loans Program account for administrative expenses. The Committee also anticipates that SBA will have an additional $3,000,000 in fee receipts available for operating expenses. This will result in a total

availability of $299,535,000 for the operating expenses of the SBA,

an increase of $6,000,000 above the comparable fiscal year 2000

amount.

In addition, the recommendation includes language under the

Disaster Loans Program account providing that $110,000,000 of the

amount provided for administrative expenses may be transferred to

and merged with the salaries and expenses account for the direct

administrative costs of disaster loan making and servicing.

The amount provided includes $4,500,000 for the continuation of

initiatives to strengthen the management of SBA’s loan portfolio,

modernize automated systems, and train the workforce to meet the

agency’s changing roles. The Committee expects the SBA to submit

a plan for the expenditure of resources for these initiatives by December 31, 2001, in accordance with section 605 of this Act.

The Committee notes that $32,000,000 has been provided previously for loan monitoring and systems modernization, much of

which remains unexpended. The Committee expects that any funding requirements to complete the loan monitoring system, and the

first phase of the joint accounting and administrative management

system (core financial system) will be the highest priority for the

use of fiscal year 2002 funding. Should additional funding be available within the amount provided, the Committee urges the SBA to

implement the next phase of the joint accounting and administrative management system initiative. The Committee expects that

the modernization of the SBA’s human resources, travel, procurement and payroll functions will yield significant savings and efficiencies.

Within the amounts provided under this heading, the Committee

expects the SBA to continue to help small businesses adapt to a

paperless procurement environment. The Committee recommendation also includes the full amount requested for Low Documentation Processing Centers. The Committee recommendation for salaries and expenses includes a total of $141,400,000 for non-credit

initiatives, as follows:

Small Business Development Centers ................................................. $87,806,000

7(j) ........................................................................................................... 2,600,000

SCORE .................................................................................................... 3,500,000

Microloan technical assistance ............................................................. 20,000,000

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One-stop Capital Shops ......................................................................... 3,100,000

Export Assistance Centers .................................................................... 3,100,000

Regulatory Fairness Boards/National Ombudsman ........................... 500,000

Women’s Business Centers ................................................................... 12,000,000

Women’s Business Council .................................................................... 750,000

Advocacy Research ................................................................................. 1,100,000

Veterans Programs ................................................................................ 750,000

Small Business Drug-free Workplace Program ................................... 5,000,000

Survey of Women-Owned Businesses .................................................. 694,000

Business Information Centers .............................................................. 500,000

Total, non-credit initiatives ......................................................... 141,400,000

Of the amounts provided for the SBDC program, $2,000,000 is to continue the SBDC defense transition program and $1,000,000 is

for a regulatory compliance simplification program to increase coordination of environmental, Occupational Health and Safety Administration and Internal Revenue Service compliance requirements and to avoid duplication among programs for compliance assistance to small businesses.

The Committee expects that within the overall amount provided

under this account, full funding will be provided for the operations

of the Office of Advocacy. In addition, the recommendation includes

$1,100,000 for Advocacy Research.

The Committee recommendation deletes language, as requested,

designating funding under this account for the National Veterans

Business Development Corporation. The Committee has included a

direct appropriation of $4,000,000 for the Corporation under a separate heading in this title.

The Committee recommendation includes $5,000,000 to continue

funding for a drug-free workplace demonstration program to provide technical assistance to small business concerns seeking to

start a drug-free workplace program. The recommendation also includes $694,000 for the second year funding requirement associated

with the 2002 Survey of Woman-Owned Businesses.

The Committee recommendation includes requested language authorizing $3,500 for official reception and representation expenses

as well as language authorizing the SBA to charge fees to cover the

cost of publications and certain loan servicing activities. The language also permits revenues received from all such activities to be

credited to the salaries and expenses account to be available for

carrying out these purposes without further appropriations.

The Committee recommendation deletes language, as requested,

making amounts available for New Markets assistance programs

subject to authorization. Also, the recommendation does not include

the requested authority for a specified amount of program funds to

remain available for two years. Finally, the recommendation does

not include requested language allowing the SBA to retain not to

exceed $3,000,000 of increased collections of delinquent debt for

qualified expenses.

OFFICE OF INSPECTOR GENERAL

The Committee recommends $11,927,000 for the Office of Inspector General of the Small Business Administration under this heading, the same amount as requested, and the same amount available

in fiscal year 2001. The recommendation assumes that, as in fiscal

year 2001, the appropriation under this heading will be supplemented by an additional $500,000 provided under the administraVerDate 11-MAY-2000 04:04 Jul 14, 2001 Jkt 089006 PO 00000 Frm 00131 Fmt 6659 Sfmt 6602 E:\HR\OC\HR139.001 pfrm02 PsN: HR139
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tive expenses of the Disaster Loans Program for oversight of that

program, which may be transferred to this account. The Committee

recommendation includes resources for continued oversight of the

SBA’s business loan portfolio and the SBA’s administration of the

7(a) and disaster assistance programs.

BUSINESS LOANS PROGRAM ACCOUNT

The Committee recommends a total of $207,500,000 under this

account, consisting of: $77,000,000 for the Business Loans Program

Account for subsidies for guaranteed business loans; $1,500,000 for

subsidies for direct business loans; and $129,000,000 for administrative expenses related to business loan programs. The amount

provided for administrative expenses may be transferred to and

merged with the appropriation for SBA salaries and expenses to

cover the common overhead expenses associated with business

loans. In addition, the recommendation includes a provision in the

bill, also carried in previous years, which allows up to $45,000,000

to remain available for two fiscal years.

As required by the Federal Credit Reform Act of 1990, the Congress is required to appropriate an amount sufficient to cover the

estimated losses associated with all direct loan obligations and loan

guarantee commitments made in fiscal year 2002, as well as the

administrative expenses of the loans. The subsidy amounts are estimated on a net present value basis, and the administrative expenses are estimated on a cash basis.

7(a) Business loan program.—The recommendation includes

$77,000,000 in new budget authority for the 7(a) loan program.

When combined with an estimated $30,000,000 in carryover balances, and assuming a subsidy rate of 1.07 percent, this appropriation will support an estimated program level of $10,000,000,000, an

increase of at least $800,000,000 over the current year. The budget

request did not include any new budget authority for the 7(a) program in conjunction with an assumption that new, separate authorizing legislation would be enacted that would have the effect of

bringing the program to zero subsidy. This legislation has not been

enacted, nor does the Committee expect that it will be enacted.

Should changes in the program level occur due to changes in the

subsidy rate, or as a result of changes in estimated carryover or recoveries, the Committee expects to be notified in accordance with

section 605 of this Act prior to the SBA taking any actions to

change the program level provided for fiscal year 2002. The Committee recommendation includes language, as carried in the fiscal

year 2001 Appropriations Act, requiring the SBA to submit a reprogramming under section 605 of the Act before exceeding a 7(a)

program level of $10,000,000,000.

Small Business Investment Corporation (SBIC) Debentures and

Participating Securities.—The Committee recommendation does not

include an appropriation of new budget authority for the SBIC debentures and participating securities programs, as none was requested. The Committee continues to support these highly successful programs that facilitate the formation of privately-owned and

operated investment companies to serve as sources of equity capital

and long-term loans to new or expanding small businesses, and to

supplement investment companies’ private capital with funds made

available through SBA guarantees. The debentures program curVerDate 11-MAY-2000 04:04 Jul 14, 2001 Jkt 089006 PO 00000 Frm 00132 Fmt 6659 Sfmt 6602 E:\HR\OC\HR139.001 pfrm02 PsN: HR139
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rently operates at a zero subsidy rate and therefore requires no appropriation. The Committee recommendation and the Administration’s request for the participating securities program assume that

authorization changes will be enacted that will allow the program

to operate with a zero subsidy rate in fiscal year 2002. The recommendation also includes language, modified from the request,

that the SBIC total program level shall not exceed $4,100,000,000.

In recognition that the assumed authorization changes include an

appropriate increase in fees, the Committee expects the SBA to ensure that fee increases do not create prohibitive barriers to participation in the program.

Microloan Direct and Guaranty Programs.—The Committee recommendation includes new appropriations of $1,500,000 for the

Microloan Direct Loan Program, as requested, and no new appropriations for the Microloan Guaranty Program, as none was requested. The recommendation for direct Microloans assumes that

no carryover balances will be available. The appropriation of

$1,500,000 will provide for a program level of $20,575,000. For the

Microloan Guaranty program, the Committee understands that

few, if any program obligations are projected for fiscal years 2001

or 2002.

504 Development Company Loans.—The Committee recommendation provides no new budget authority for the section 504 development company loan program, as requested, and includes language

limiting the 504 guaranteed lending program to $3,750,000,000, as

requested. This program will operate with a zero subsidy rate in

fiscal year 2002.

The Committee is aware that there are continuing concerns

about the accuracy of the subsidy rate model for the 7(a) general

business loan program, and that modeling decisions are overestimating projected default rates, resulting in large downward re-estimates. The Committee encourages SBA to continue to work with

the Office of Management and Budget to maximize the validity of

its models to ensure that requested appropriations to guarantee

such loans are, in fact, necessary.

The recommendation includes language, proposed for deletion, making $45,000,000 under this heading available for two fiscal

years. The recommendation deletes language included in the fiscal

year 2001 bill earmarking an amount for a specific business loan

program, subject to authorization.

DISASTER LOANS PROGRAM ACCOUNT

The Committee recommends a total of $204,864,000 for the Disaster Loans Program Account for loan subsidies and associated administrative expenses, which is $20,776,000 above the amount provided in fiscal year 2001, and $126,510,000 above the request. The

Committee recommendation includes $84,510,000 for the subsidy

costs of disaster loans, which when combined with estimated recoveries of $37,850,000 will provide a disaster loan level of

$800,000,000. The Committee notes that the fiscal year 2002 request did not include a realistic estimate for an average annual direct disaster loan program from discretionary appropriations.

The Committee recommendation includes $120,354,000 for administrative expenses of carrying out the program, which may be

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penses. The recommendation includes language specifying that, of

the amount provided for administrative expenses, $110,000,000 is

for the direct administrative expenses of loan making and loan

servicing, and $9,854,000 is for indirect administrative expenses.

The recommendation also includes language requiring that any

amount in excess of $9,854,000 transferred to the salaries and expenses account for indirect administrative expenses shall be subject

to reprogramming requirements, as detailed under section 605. In

addition, the recommendation retains language transferring

$500,000 of the amount provided for administrative expenses to the

Office of Inspector General for audits and reviews of the disaster

loan portfolio.

As required by the Federal Credit Reform Act of 1990, the Congress is required to appropriate an amount sufficient to cover the

subsidy costs associated with all direct loan obligations and loan

guarantee commitments made in fiscal year 2002, as well as the

administrative expenses of the loan programs. The subsidy

amounts are measured on a net present value basis, and the administrative expenses are estimated on a cash basis.

STATE JUSTICE INSTITUTE

SALARIES AND EXPENSES

The Committee recommends $6,835,000 for the State Justice Institute for fiscal year 2002, same as the current year appropriation

and $8,165,000 below the request.

The State Justice Institute is a private, non-governmental organization, which awards grants to improve the administration of justice in State courts. While the State Justice Institute requested an

appropriation of $15,000,000 for fiscal year 2002, the Administration only included $6,835,000.

The Committee recommendation takes into account that assistance to State courts is available through the Office of Justice Programs within the Department of Justice.

TITLE VI—GENERAL PROVISIONS

The Committee recommends the following general provisions for

the departments and agencies funded in the accompanying bill. Except where modifications are indicated, these general provisions

were included in the fiscal year 2001 Appropriations Act.

Section 601 prohibits any appropriation contained in the Act

from being used for publicity or propaganda purposes not authorized by the Congress.

Section 602 prohibits any appropriation contained in the Act

from remaining available for obligation beyond the current fiscal

year unless explicitly provided.

Section 603 provides that the expenditure of any appropriation

contained in the Act for any consulting service through procurement contracts 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.

Section 604 provides that if any provision of the Act or the application of such provision to any person or circumstance shall be held

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

held invalid shall not be affected thereby.

Section 605 provides for the Committee’s policy concerning the

reprogramming of funds. Section 605(a) prohibits the 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 offices or employees; (5) reorganizes

offices, programs, or activities; or (6) contracts out or privatizes any

function or activity presently performed by Federal employees unless the Appropriations Committees of both Houses of Congress are

notified 15 days in advance. Section 605(b) prohibits 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 due to 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. The Committee has again included carryover

funds under the requirements of section 605 to clarify that agencies

must follow reprogramming procedures with respect to carryover

funds.

Section 606 prohibits funds in the Act from being used for construction, repair (other than emergency repair), overhaul, conversion, or modernization of vessels for the National Oceanic and Atmospheric Administration in shipyards located outside the United

States.

Section 607 states the sense of the Congress that all equipment

and products purchased with funds made available in the bill

should be American-made, directs the head of each Federal agency

to provide a notice describing Congressional intent to any entity it

provides financial assistance to or enters into a contract with, and

makes any person determined to have misused ‘‘Made in America’’

labeling ineligible from receiving grants or contracts made with

funds provided under this Act.

Section 608 prohibits funds from being used to implement, administer, or enforce any guidelines of the Equal Employment Opportunity Commission covering harassment based on religion similar to proposed guidelines published by the EEOC in October, 1993.

Section 609 prohibits the use of funds for any United Nations

peacekeeping mission when it is made known that United States

Armed Forces are under the command or operational control of a

foreign national and the President has not submitted to the Congress a recommendation that such involvement is in the national

security interest of the United States.

Section 610 prohibits the use of funds to pay for expansion of

diplomatic or consular operations in Vietnam beyond the level of

operations on July 11, 1995, unless the President certifies within

60 days that Vietnam is cooperating in full faith with the U.S. on

POW/MIA issues.

Section 611 prohibits the use of funds to provide certain amenities and personal comforts in the Federal prison system.

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Section 612 includes language prohibiting the use of funds under

the NOAA Fleet Modernization, Shipbuilding and Conversion account to implement sections 603, 604, and 605 of Public Law 102–

567, except for development of a modernization plan for fisheries

research.

Section 613 provides that any closing or downsizing costs incurred by a department or agency funded under this Act resulting

from funding reductions in the Act shall be absorbed within the

budgetary resources available to the Department or agency, and

provides transfer authority between appropriation accounts to

carry out the provision, subject to reprogramming procedures.

Section 614 prohibits funds made available in this Act to the

Federal Bureau of Prisons from being used to distribute publications that include sexually explicit material.

Section 615 limits funding under the Local Law Enforcement

Block Grant to 90 percent to an entity that does not provide public

safety officers injured in the line of duty and, as a result, separated

or retired from their jobs with health insurance benefits equal to

the insurance they received while on duty.

Section 616 prohibits funds made available in this Act from being

used to promote the sale or export of tobacco or tobacco products,

or to seek the reduction or removal of foreign restrictions on the

marketing of tobacco products, provided that such restrictions are

applied equally to all tobacco products or tobacco products of the

same type. This provision is not intended to impact routine international trade services provided to all U.S. citizens, including the

processing of applications to establish foreign trade zones.

Section 617, modified from the previous year and the request,

prohibits funds for the issuance of visas to persons involved in political and extrajudicial killings in Haiti.

Section 618 prohibits funds made available in this Act from being

used to implement a Federal user fee for background checks conducted pursuant to the Brady Handgun Control Act of 1993, or to

implement a background check system that does not require and

result in the destruction of certain information.

Section 619, modified from the current year, delays the obligations of any receipts deposited into the Crime Victims Fund in excess of $575,000,000 until October 1, 2002. Due to unprecedented

antitrust criminal fines in recent years, receipts deposited have

greatly exceeded historical levels. The Committee has continued to

take this action to ensure that a stable source of funds will remain

available for the program.

Section 620 prohibits the use of Department of Justice funds for

programs that discriminate against or denigrate the religious beliefs of students participating in such programs.

Section 621 prohibits the use of funds to process visas for citizens

of countries that deny or delay the repatriation of deported citizens.

Section 622 prohibits the use of Department of Justice funds to

transport high security prisoners to facilities not certified by the

Bureau of Prisons as appropriate to receive such prisoners.

Section 623 prohibits the use of funds to take certain actions for

the purpose of implementing, or in contemplation of preparing to

implement, the Kyoto Protocol.

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TITLE VII—RESCISSIONS

DEPARTMENT OF COMMERCE

EMERGENCY OIL AND GAS GUARANTEED LOAN PROGRAM ACCOUNT

(RESCISSION)

The Committee recommends a rescission of $115,000,000 from remaining unobligated balances in this account.

EMERGENCY STEEL GUARANTEED LOAN PROGRAM ACCOUNT

(RESCISSION)

The Committee recommends a rescission of $10,000,000 from remaining unobligated balances in this account.

HOUSE OF REPRESENTATIVES REPORT REQUIREMENTS

The following items are included in accordance with various requirements of the Rules of the House of Representatives.

CONSTITUTIONAL AUTHORITY

Clause 3(d)(1) of rule XIII of the Rules of the House of Representatives states that:

Each report of a committee on a bill or joint resolution of a public

character, shall include a statement citing the specific powers

granted to the Congress in the Constitution to enact the law proposed by the bill or joint resolution.

The Committee on Appropriations bases its authority to report

this legislation from Clause 7 of Section 9 of Article I of the Constitution of the United States of America, which states:

No money shall be drawn from the Treasury but in consequence

of Appropriations made by law.***

Appropriations contained in this Act are made pursuant to this

specific power granted by the Constitution.

STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

Pursuant to clause 3(c)(4) of rule XIII of the Rules of the House

of Representatives, the following is a statement of general performance goals and objectives for which this measure authorizes funding:

The Committee on Appropriations considers program performance, including a program’s success in development and attaining

outcome-related goals and objectives in development funding recommendations.

CHANGES IN THE APPLICATION OF EXISTING LAW

Pursuant to clause 3(f)(1) of rule XIII of Rules of the House of

Representatives, the following statements are submitted describing

the effect of provisions in the accompanying bill, which directly or

indirectly change the application of existing law.

Language is included for a number of accounts that places limitations on reception and representation allowances in order to reduce

the amount of money that could otherwise be spent on these activities.

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Language is included in various parts of the bill to continue ongoing activities which require annual authorization or additional

legislation, which to date has not been enacted.

The bill includes provisions which place limitations on the use of

funds in the bill or change existing limitations and which might,

under some circumstances, be construed as changing the application of existing law.

The bill includes a number of provisions, which have been virtually unchanged for many years, which are technically considered

legislation.

The bill also provides that a number of appropriations shall remain available for obligation beyond the current fiscal year. While

these provisions are not specifically authorized for all of the items,

it is deemed desirable to include such language for certain programs in order to provide for orderly administration and the effective use of funds.

Language is included under a number of accounts, in which appropriations are offset by collections, that specify the level of offsetting collections to be credited to the account and in certain cases

makes collections in excess of the level available in the following

fiscal year.

In various places in the bill, the Committee has earmarked funds

within appropriation accounts in order to fund specific programs

and has adjusted some existing earmarks.

Language is included in various parts of the bill to allow appropriations or unexpended balances of prior year appropriations to be

transferred and merged with appropriations under this Act.

Those additional changes in the fiscal year 2002 bill, which

might be interpreted as changing existing law, are as follows:

Under Immigration and Naturalization Service, language is included which increases the current inspection fee, and lifts the

cruise ship fee exemption.

Under Federal Prison System, Salaries and Expenses, language

is amended changing the limitation on the number of passenger

and replacement motor vehicles.

Language has been included under the Office of Justice Programs to allow funds to be used for additional purposes.

Under the State and Local Law Enforcement Assistance Program, language is included to expand the allowable use of State

Prison Drug Treatment funds;

Under Community Oriented Policing Services, language is included to allocate hiring funds for a school violence initiative and

to provide for grants for certain purposes.

Under Department of Commerce, Patent and Trademark Office,

Salaries and Expenses, language is included limiting the availability of carryover into fiscal year 2003.

Under National Oceanic and Atmospheric Administration, Operations, Research, and Facilities, Procurement, Acquisition, and

Construction, and the Pacific Salmon Recovery Fund accounts, language is included designating amounts and activities for the conservation spending category.

Under National Oceanic and Atmospheric Administration, Operations, Research, and Facilities account, the bill includes language

requiring standard reprogramming notification for the use of unanticipated deobligations.

139

Under Department of State, Administration of Foreign Affairs,

Diplomatic and Consular Programs, language is included limiting

the Machine Readable Visa fees that can be spent in fiscal year

2002 and providing that any amount collected in excess of the limit

will be available in fiscal year 2003. In addition, language is included designating specific amounts for public diplomacy international information programs and worldwide security upgrades.

Language is also included prohibiting funds for the export of satellites of U.S. origin to the Peoples’ Republic of China unless the

Committee is notified in advance.

Under Embassy Security, Construction, and Maintenance, language is included designating a specific amount for worldwide security upgrades.

Under Repatriation Loans Program Account, language is included allowing administrative expenses to be merged with the

Diplomatic and Consular Programs account under Administration

of Foreign Affairs.

Under Contributions to International Organizations, language is

included requiring certification that the U.N. is keeping within its

budget.

Under Broadcasting Board of Governors, International Broadcasting Operations, language is included to provide authorities for

broadcasting to Cuba under this account.

Under Department of Transportation, Maritime Administration,

Operations and Training, language is included designating an

amount to remain available until expended for capital renovations

at the U.S. Merchant Marine Academy.

Under Maritime Guaranteed Loan (Title XI) Program Account,

language is included designating a limitation on the total loan program level.

Under Legal Services Corporation, language clarifying current

statutory requirements is included.

Under Securities and Exchange Commission, Salaries and Expenses, language is included allowing certain offsetting collections

to continue to be credited to this account.

Under Small Business Administration, Business Loans Program

Account, language is included designating limitations to loan programs at authorized levels.

Under Disaster Loans Program Account, language is amended to

designate amounts for the direct and indirect administrative expenses of disaster loan making and servicing and to describe a reprogramming requirement. In addition, language is included to

allow a specified amount of funding to be transferred to the Office

of Inspector General.

Under Department of Commerce, Departmental Management,

Emergency Oil and Gas Guaranteed Loan Program Account, (Rescission), language is included rescinding funds.

Under Emergency Steel Guaranteed Loan Program Account, (Rescission), language is included rescinding funds.

APPROPRIATIONS NOT AUTHORIZED BY LAW

Pursuant to clause 3(f)(1) of rule XIII of the Rules of the House

of Representatives, the following table lists the appropriations in

the accompanying bill which are not authorized by law:

140

[In thousands of dollars]

Agency/Program Last year of authorization

Authorization

level

Appropriations in

last year of authorization

Appropriations in

this bill

Department of Justice: 1

Office of Justice Programs:

Justice Assistance:

Management and Administration ......................... 1995 $28,000 $27,100 $43,491

National Institute of Justice ................................. 1995 33,000 27,000 54,879

Bureau of Justice Assistance ............................... 1995 33,000 21,379 32,335

Counterterrorism Programs ................................... 1997 15,000 29,450 220,494

Missing Children ................................................... 2001 Such sums 22,997 22,997

RISS ....................................................................... 1995 Such sums 14,500 24,945

White Collar Crime ................................................ ........................ ........................ ........................ 9,230

Juvenile Justice Programs:

Delinquency Programs ........................................... 1996 150,000 100,000 145,775

Gang Free Schools ................................................ 1996 Such sums 10,000 11,974

State Challenge ..................................................... 1996 Such sums 10,000 9,978

Mentoring .............................................................. 1996 Such sums 40,000 15,965

Incentive Grants for Local Delinquency Prevention .................................................................... 1996 Such sums 20,000 94,791

Victims of Child Abuse Act ................................... 1996 Such sums 4,500 8,481

State and Local Law Enforcement Act, Juvenile

Accountability Block Grants ............................. 2001 249,450 249,450 249,450

Weed and Seed ..................................................... 2001 33,925 33,925 58,925

Community Oriented Policing Services (COPS):

Community Policing .............................................. 2000 268,000 269,937 444,805

Criminal Records Upgrades .................................. 2000 20,000 ........................ 35,000

Community Prosecutors ......................................... ........................ ........................ 99,780 99,780

Bullet Proof Vests ................................................. 2001 25,000 25,444 25,444

State and Local Assistance:

Local Law Enforcement Block Grants ................... 2001 521,849 521,849 521,849

Drug Courts ........................................................... 2001 49,890 49,890 50,000

Byrne Grants ......................................................... 1995 100,000 500,000 570,000

Violence Against Women:

Training Programs ................................................. 1997 1,000 1,000 4,989

State Criminal Alien Assistance Programs .......... 2000 340,000 420,000 565,000

Substance Abuse Treatment ................................. 2000 72,000 63,000 73,861

Missing Alzheimer’s Patients ................................ 1998 900 900 898

Family Support ...................................................... 2000 7,500 1,500 1,497

Telemarketing Fraud ............................................. 2000 2,500 2,000 19,995

Motor Vehicle ......................................................... 1998 1,800 750 1,297

United States Trade Rep ................................................ 1992 21,077 19,992 28,000

Department of Commerce 2:

International Trade Administration ....................... 1996 Such sums 248,726 344,654

Bureau of Export Administration .......................... 2001 Such sums 64,711 68,893

NOAA ...................................................................... ........................ 370,738 394,370 627,586

Office of Technology Policy ................................... 1993 8,500 6,070 8,094

National Institute of Standards and Technology .. 1993 383,500 310,677 488,996

National Telecommunications and Information

Administration .................................................. 1993 59,900 71,823 72,017

Department of State:

Administration of Foreign Affairs ......................... 2001 4,162,950 4,777,175 5,595,736

International Organizations ................................... 2001 Such sums 1,713,056 1,694,139

International Commissions ................................... 2001 50,228 56,101 60,316

Other State ............................................................ 2001 59,500 54,504 53,025

Broadcasting Board of Governors .................................. 2001 467,229 467,229 479,006

Maritime Administration ................................................ 2001 148,439 120,631 133,032

Federal Maritime Commission ....................................... 1998 15,000 14,000 15,466

Federal Trade Commission ............................................. 1998 110,000 106,500 155,982

Legal Services Corporation ............................................ 1979 Indef 270,000 329,300

Marine Mammal Commission ........................................ 1999 1,750 1,240 1,732

Securities and Exchange Commission ........................... 1999 351,280 324,000 437,900

State Justice Institute .................................................... 1996 25,000 6,850 6,835

1 The fiscal year 2001 Commerce, Justice, State and the Judiciary and Related Agencies Appropriation Act, Public Law

106–553, Section 102, hereafter continued the authorizations contained in Public Law 96–132, the Department of Justice

Appropriations Authorizations Act, Fiscal Year 1980, until the effective date of a subsequent Department of Justice appropriation authorization act.

141

2 Programs under the jurisdiction of the Department of Commerce are funded pursuant to a number of expiring authorizing statutes. The statutes address a number of projects and activities that do not directly correspond to the account

structure in this Act.

Following are the relevant authorizing statutes and estimates of the relative funding provided pursuant to each statute:

Agency/program

Last year of

authorization

Authorization leval

Appropriations in last

year of authorization

Appropriation in this

bill

National Oceanic and Atmospheric Administration ........................................................ .................... .................... .................... 542,441 National Marine Fisheries Service: Endangered Species Act Amendments of 1988, P.L. 100–478 .................... FY 1992 8,750 8,236 ....................

Marine Mammal Protection Act, P.L. 103–238 ............................................. FY 1999 14,766 22,927 ....................

Magnuson-Stevens Fisheries Conservation Act, P.L. 104–297 ..................... FY 1999 159,000 165,286 ....................

NOAA Marine Fisheries Program Authorization Act, P.L. 104–297 ............... FY 2000 110,470 125,596 ....................

Anadramous Fishery Conservation & Management Act, P.L. 104–297 ........ FY 2000 4,250 2,342 2,100

Interjurisdictional Fisheries Act, P.L. 104–297 ............................................. FY 2000 4,400 3,190 2,590

International Dolphin Conservation Program Act, P.L. 105–42 .................... FY 2001 4,000 3,293 .................... National Ocean Service: Coastal Zone Management Act, P.L. 104–150 ...................................................... FY 1999 55,100 58,500 91,745

Coastal Zone Management Act, P.L. 101–508 section 6217, Coastal Nonpoint

Source Program .................................................................................................. FY 1995 12,000 5,000 10,000 International Trade Administration: Export Promotion, P.L. 103–392 ............................................................................. FY 1996 Such sums 248,726 347,654

Bureau of Export Administration:

Export Administration Act of 1979, P.L. 106–508 ................................................. FY 2001 Such sums 64,711 68,893

Under Secretary/Office of Technology Policy:

American Technology Preeminence Act of 1991, P.L. 102–245 ............................ FY 1993 8,500 6,070 8,094

National Institute of Standards & Technology:

American Technology Preeminence Act of 1991, P.L. 102–245: Scientific & Technical Research & Services ................................................. FY 1993 221,200 201,911 348,589

Industrial Technology Services ...................................................................... FY 1993 127,500 86,067 119,514

Construction of Research Facilities .............................................................. FY 1993 34,800 22,699 20,893 National Telecommunications and Information Administration: Telecommunications Authorization Act of 1992, P.L. 102–538: Salaries and Ex- penses ................................................................................................................ FY 1993 17,900 21,823 13,048

Public Telecommunications Authorization Act of 1992, P.L. 102–356: Public Telecommunications Facilities & Digital Broadcasting Applications FY 1994 42,000 24,000 43,466

Information Infrastructure Grants ................................................................. FY 1994 .................... 26,000 15,503

COMPARISON WITH THE BUDGET RESOLUTION

Clause 3(c)(2) of rule XIII of the Rules of the House of Representatives requires an explanation of compliance with section

308(a)(1)(A) of the Congressional Budget and Impoundment Control

Act of 1974 (Public Law 93–344), as amended, which requires that

the report accompanying a bill providing new budget authority contain a statement detailing how that authority compares with the

reports submitted under section 302 of the Act for the most recently agreed to concurrent resolution on the budget for the fiscal

year from the Committee’s section 302(a) allocation.

Section 302(b)

allocation

Recommended in this bill

Budget authority:

Mandatory ................................................................................................................... $572 $572

Discretionary ............................................................................................................... 38,541 38,541

Total budget authority ........................................................................................... 39,113 39,113

Outlays:

Mandatory ................................................................................................................... 581 581

Discretionary ............................................................................................................... 39,000 38,905

Total outlays ........................................................................................................... 39,581 39,486

FIVE-YEAR OUTLAY PROJECTIONS

In compliance with section 308(a)(1)(B) of the Congressional

Budget and Impoundment Control Act of 1974 (Public Law 93–

344), as amended, the following table contains five-year projections

associated with the budget authority provided in the accompanying

bill:

142

Fiscal year 2002 outlays

[In millions of dollars]

Budget authority:

Outlays:

2002 ........................................................................................................................................................ $26,673

2003 ........................................................................................................................................................ 7,057

2004 ........................................................................................................................................................ 3,961

2005 ........................................................................................................................................................ 1,666

2006 and future years ............................................................................................................................ 599

ASSISTANCE TO STATE AND LOCAL GOVERNMENTS

In accordance with section 308(a)(1)(C) of the Congressional

Budget and Impoundment Control Act of 1974 (Public Law 93–

344), as amended, the financial assistance to State and local governments is as follows:

Millions

FY 2002 new budget authority ............................................................. $3,576

FY 2002 outlays resulting therefrom ................................................... 543

COMPLIANCE WITH RULE XIII, CL. 3(e) (RAMSEYER RULE)

In compliance with clause 3(e) of rule XIII of the Rules of the

House of Representatives, changes in existing law made by the bill,

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italics,

existing law in which no change is proposed is shown in roman):

SECTION 286 OF THE IMMIGRATION AND NATIONALITY

ACT OF 1952

§ 286. Dispositions of moneys collected under provisions of

this subchapter

(a) * * *

* * * * * * *

(d) SCHEDULE OF FEES.—In addition to any other fee authorized

by law, the Attorney General shall charge and collect ø$6¿ $7 per

individual for the immigration inspection of each passenger arriving at a port of entry in the United States, or for the preinspection

of a passenger in a place outside of the United States prior to such

arrival, aboard a commercial aircraft or commercial vessel.

(e) LIMITATIONS ON FEES.—(1) øNo¿ Except as provided in paragraph (3), no fee shall be charged under subsection (d) of this section for immigration inspection or preinspection provided in connection with the arrival of any passenger, other than aircraft passengers, whose journey originated in the following:

(A) Canada,

(B) Mexico,

(C) a territory or possession of the United States, or

(D) any adjacent island (within the meaning of section

1101(b)(5) of this title).

(2) No fee may be charged under subsection (d) of this section

with respect to the arrival of any passenger—

(A) who is in transit to a destination outside the United

States, and

143

(B) for whom immigration inspection services are not provided.

(3) The Attorney General is authorized to charge and collect $3

per individual for the immigration inspection or pre-inspection of

each commercial vessel passenger whose journey originated in the

United States or in any place set forth in paragraph (1): Provided,

That this authorization shall not apply to immigration inspection at

designated ports of entry of passengers arriving by the following

vessels, when operating on a regular schedule: Great Lakes international ferries, or Great Lakes vessels on the Great Lakes and connecting waterways.

* * * * * * *

SECTION 504 OF AN ACT MAKING APPROPRIATIONS FOR

FISCAL YEAR 1996 TO MAKE A FURTHER DOWNPAYMENT TOWARD A BALANCED BUDGET, AND FOR

OTHER PURPOSES

PUBLIC LAW 104–134

SEC. 504. (a) * * *

(1) * * *

* * * * * * *

(16) that initiates legal representation or participates in any

other way, in litigation, lobbying, or rulemaking, involving an

effort to reform a Federal or State welfare system, except that

this paragraph shall not be construed to preclude a recipient

from representing an individual eligible client who is seeking

specific relief from a welfare agency øif such relief does not involve an effort to amend or otherwise challenge existing law in

effect on the date of the initiation of the representation¿;

* * * * * * *

TRANSFER OF FUNDS

Pursuant to clause 3(f)(2) of rule XII of the Rules of the House

of Representatives, language included under ‘‘National Oceanic and

Atmospheric Administration, Operations, Research and Facilities’’ and ‘‘National Oceanic and Atmospheric Administration, Procurement, Acquisition and Construction’’ provides certain transfer authority.

RESCISSIONS

Pursuant to clause 3(f)(2) of rule XII of the Rules of the House

of Representatives, the following table is submitted describing the

rescissions recommended in the accompanying bill:

Department of Commerce, Emergency Oil and Gas Guaranteed

Loan Program Account ...................................................................... ¥$115,000,000

Department of Commerce, Emergency Steel Guaranteed Loan Program Account ...................................................................................... ¥10,000,000

COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL)

AUTHORITY

The following table provides a detailed summary, for each Department and agency, comparing the amounts recommended in the

144

bill with fiscal year 2001 enacted amounts and budget estimates

presented for fiscal year 2002:

146

147

148

149

150

151

152

153

154

155

156

157

158

159

160

161

162

163

164

165

166

(167)

MINORITY VIEWS OF THE HONORABLE JOSE SERRANO,

THE HONORABLE ALAN MOLLOHAN, THE HONORABLE

LUCILLE ROYBAL-ALLARD, THE HONORABLE BUD

CRAMER, THE HONORABLE PATRICK KENNEDY AND THE

HONORABLE DAVID OBEY

At the outset, we wish to express our appreciation for the cooperative and bipartisan manner in which the Commerce, Justice,

State, Judiciary and Related Agencies Appropriations bill for fiscal

year 2002 has been handled by the Subcommittee Chairman and

the Majority. The Minority has been consulted at every stage of the

process thus far, and our views have been reflected in many aspects of this bill. While we do not agree with every recommendation in the bill, and will continue to work for improvements in

funding levels for several critical areas, we believe that on the

whole this fiscal year 2002 CJSJ bill is one that Members on both

sides of the aisle should support.

We endorse the recommendations made in this bill to restore

many of the unreasonable cuts proposed in the President’s budget

request for the State and local law enforcement and community oriented policing services (COPS) programs. The budget request had

cut these critical programs by almost $1 Billion below FY 2001 levels. This bill provides a total of $4.3 Billion for the activities of the

Office of Justice Programs and COPS, an increase of $661 million

over the budget request. It should be noted that this total amount

is still $323 million below the current year funding levels, and that

the amount appropriated for public safety and community policing

grants under COPS—including funds for both the COPS universal

hiring program and the COPS-MORE program—is still $112 million below the FY 2001 appropriated level. We support the bill’s rejection of the Administration’s proposed elimination of funding for these specific COPS activities through the restoration of $150 million in new appropriations for these programs.

We also appreciate the support this bill shows for the Secretary

of State’s initiatives to invest in the nation’s diplomatic readiness

as well as the security, technology and infrastructure requirements

of the State Department. This bill includes $7.4 Billion for the

State Department, an increase of $802 million or 12 percent above

the current year appropriated level for the entire Department, including an increase of 17 percent above current year levels for the

Administration of Foreign Affairs activities. We agree that a significant investment is needed to ensure that the Secretary has the

adequate resources—people and technology—to carry out our foreign policy and national security objectives, and to ensure that our

employees overseas work in the most secure environment possible.

In contrast to the CJSJ bills reported out of Committee in the

past several years, this bill fully funds the request for Contributions to International Peacekeeping Activities. International peaceVerDate 11-MAY-2000 04:04 Jul 14, 2001 Jkt 089006 PO 00000 Frm 00167 Fmt 6604 Sfmt 6604 E:\HR\OC\HR139.002 pfrm02 PsN: HR139
168

keeping operations are critical to eliminating tensions and reducing

tragedies throughout the world, and can eliminate the need for direct involvement of U.S. military forces at a fraction of the cost. We

commend the Subcommittee Chairman for his foresight in providing this funding level.

It should be noted that the amount provided in the bill for assessed contributions to the United Nations and other international

organizations (the Contributions to International Organizations account) is slightly less than the amount requested, and does not include additional funds that will be necessary if the U.S. rejoins

UNESCO as proposed in the State Department authorization bill

which passed the House on May 16, 2001. We look forward to

working with the majority to ensure that the appropriate funding

level is made available for this account as the bill progresses

through the Congress. We also would note that the bill includes a

provision fencing off $100 million for the United Nations until

there is a certification that the UN is staying within its 2000–2001

biennial budget. In a letter to the Committee regarding this bill

dated July 10, 2001, the Director of the Office of Management and

Budget indicated that such language ‘‘may unduly restrict the

President’s ability to conduct foreign policy’’. We want to work with

the Majority to make sure that nothing in this bill results in the

creation of further arrearages in our assessed obligations to the UN

and related agencies.

We are pleased to note the overall funding levels for the Commerce Department’s National Oceanic and Atmospheric Administration (NOAA) in this bill. NOAA’s activities in coastal and ocean

conservation, the management and preservation of our nation’s

fisheries, the operations of the National Weather Service as well as

satellites and data systems that support weather forecasts, plus

critical research into global climate change and other oceanic and

atmospheric phenomena, are all critical to our Nation’s economic

and environmental future, as well as to the safety and health of

our people. While not every request from Members or from the Administration could be accommodated in this recommendation, we

feel that, considering the competing requirements in this bill,

NOAA is funded at a level that reflects the importance of the agency’s overall mission. Included in this bill is full funding for NOAA

programs under the new Conservation Trust Fund created last

year by the Congress (Title VIII of the Fiscal Year 2001 Interior

Appropriations Act).

We also want to commend the Chairman for the funding levels

in this bill for the Legal Services Corporation. Level funding for the

LSC will eliminate the need to go through the exercise carried out

over the past six years to restore (or partially restore) draconian

cuts in this program—cuts that are not supported by a majority in

the Congress.

We also applaud full funding in this bill for the budget requests

of the Equal Employment Opportunity Commission and the U.S.

Commission on Civil Rights. In addition, funding for the Justice

Department’s Civil Rights Division is increased above the current

services level, supporting not only the Administration’s initiatives

on voting rights and the rights of the disabled, but also an initiative to investigate allegations of possible civil rights abuses against

169

those incarcerated in our nation’s prisons or otherwise institutionalized.

While we have attempted in these views to indicate the many

areas of the bill we fully support, we must express some mixed feelings about funding for certain programs under the Small Business

Administration (SBA). We commend the Majority for rejecting the

Administration’s proposal to decrease the appropriations needed for

the SBA Disaster Loan Program and the 7(a) General Business

Loan Program by assuming increases in fees that will never be approved by the Congress. Yet we note that concerns have been

raised that the funding level provided in this bill for subsidy budget authority for the 7(a) program makes assumptions about available carryover that may result either in the program running out

of money and having to shut down new loan-making activity in the

third quarter of the next fiscal year, or in a reduction in annual

loan activity below the $10 Billion assumed in the mark.

In addition, the bill endorses the Administration’s request of a

zero-subsidy appropriation for Small Business Investment Corporation (SBIC) participating securities program that will require

changes in the authorization for this program to raise the fees

charged under this program for small businesses to access capital.

Since the budget request and this bill do not include additional

funds for the PRIME program or the New Markets program (including the BusinessLINC program)—developed to assist minority

or disadvantaged entrepreneurs in low income communities access

capital not otherwise available or to provide technical assistance to

businesses in these communities not available through other

sources—we are concerned that the proposed changes to the SBIC

program could result in an erosion of efforts made recently to close

the gap between the economic ‘‘haves’’ and ‘‘have-nots’’. We hope to

work with the Chairman and the Majority—as well as with the Administration once a Small Business Administrator is confirmed—to

restore the necessary funds for appropriate programs to assist entrepreneurs in these less-advantaged communities to continue to

close that economic gap.

As stated at the beginning of these views, we believe this legislation on balance is a good bill produced through an open and bi-partisan process. We will work with the Majority to continue to make

improvements to the bill as it moves through the Congress. Barring

significant negative changes during Floor action on the bill, we believe that it deserves an ‘‘aye’’ vote at final passage.

JOSE ́ E. SERRANO.

ALAN B. MOLLOHAN.

LUCILLE ROYBAL-ALLARD.

BUD CRAMER.

PATRICK J. KENNEDY.

DAVID OBEY.

Æ