74–007 PS

Calendar No. 95

107TH CONGRESS REPORT

1st Session " ! SENATE 107–42

DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE

JUDICIARY, AND RELATED AGENCIES APPROPRIATION

BILL, 2002

JULY 20, 2001.—Ordered to be printed

Mr. HOLLINGS, from the Committee on Appropriations,

submitted the following

REPORT

[To accompany S. 1215]

The Committee on Appropriations reports the bill (S. 1215) making appropriations for the Departments of Commerce, Justice, and

State, the judiciary, and related agencies for the fiscal year ending

September 30, 2002, and for other purposes, reports favorably

thereon and recommends that the bill do pass.

Amount in new budget (obligational) authority

Total bill as reported to Senate ............................... $41,527,177,000

Amount of appropriations, 2001 .............................. 39,784,041,000

Amount of budget estimates, 2002, as amended ... 40,807,220,000

The bill as reported to the Senate:

Above the appropriations for 2001 ................... 1,743,136,000

Above the estimates for 2002 ........................... 719,957
(2)

CONTENTS

Page

Background:

Purpose of the bill ............................................................................................ 3

Hearings ............................................................................................................ 3

Summary of the bill .......................................................................................... 3

Budgetary impact of the bill ................................................................................... 5

Title I—Department of Justice ............................................................................... 6

Title II—Department of Commerce and related agencies .................................... 76

Title III—The judiciary ........................................................................................... 115

Title IV—Department of State and related agency .............................................. 123

Title V—Related agencies:

Department of Transportation: Maritime Administration ............................ 145

Commission for the Preservation of America’s Heritage Abroad ................. 146

Commission on Civil Rights ............................................................................. 147

Commission on International Religious Freedom .......................................... 147

Commission on Ocean Policy ........................................................................... 147

Commission on Security and Cooperation in Europe .................................... 148

Congressional-Executive Commission on the People’s Republic of China ... 148

Equal Employment Opportunity Commission ................................................ 148

Federal Communications Commission ............................................................ 148

Federal Maritime Commission ........................................................................ 150

Federal Trade Commission .............................................................................. 150

Legal Services Corporation .............................................................................. 151

Marine Mammal Commission .......................................................................... 152

National Veterans’ Business Development Corporation ............................... 152

Securites and Exchange Commission ............................................................. 152

Small Business Administration ....................................................................... 153

State Justice Institute ...................................................................................... 158

United States-Canada Alaska Rail Commission ............................................ 158

Title VI—General provisions .................................................................................. 159

Title VII—Rescissions ............................................................................................. 161

Compliance with paragraph 7, rule XVI of the Standing Rules of the Senate ... 162

Compliance with paragraph 7(c), rule XXVI of the Standing Rules of the

Senate ................................................................................................................... 162

Compliance with paragraph 12, rule XXVI of the Standing Rules of the

Senate ................................................................................................................... 163
(3)

BACKGROUND

PURPOSE OF THE BILL

This bill makes appropriations for the functions of the Departments of Commerce, Justice, State, the Judiciary and Related

Agencies for the period October 1, 2001, through September 30,

2002. Functional areas include the pay, allowances, and support of

personnel, operation and maintenance, procurement of equipment

and systems, and research.

The bill provides funds for fighting crime, enhancing drug enforcement, responding to the threat of terrorism, addressing the

shortcomings of the immigration process, continuing the judicial

process, conducting commerce within the United States, improving

State Department operations, and fullfilling the needs of various

independent agencies.

HEARINGS

The Subcommittee on Commerce, Justice, State, the Judiciary

and Related Agencies Appropriations began hearings on the fiscal

year 2002 budget request on April 26, 2001, and concluded them

on June 28, 2001, after holding 9 separate sessions. The subcommittee heard testimony from representatives of the Departments of Commerce, Justice, State, and various commissions.

SUMMARY OF THE BILL

The budget estimates for the departments and agencies included

in the accompanying bill are contained in the budget of the United

States for fiscal year 2002 submitted on April 9, 2001 and a budget

amendment submitted May 7, 2001.

The total amount of new budget authority recommended by the

Committee for fiscal year 2002 is $41,527,177,000. This amount is

an increase of $1,743,136,000 above appropriations enacted for fiscal year 2001 for these departments and agencies. The Committee

recommendation is $719,957,000 above the budget estimates.

REPROGRAMMINGS, REORGANIZATIONS, AND RELOCATIONS

As in previous years, the Committee is inserting section 605

under title VI of the general provisions of the bill.

The Committee directs that both the House and Senate chairmen

of the Subcommittees on the Departments of Commerce, Justice,

and State, the judiciary, and related agencies will be notified by

letter at least 15 days prior to:

—Reprogramming of funds, whether permanent or temporary, in

excess of $500,000 or 10 percent, whichever is less, between

programs or activities. In addition, the Committee desires to be

notified of reprogramming actions which are less than these
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amounts if such actions would have the effect of committing

the agency to significant funding requirements in future years; —Increasing funds or personnel by any means for any project or

activity for which funds have been denied or restricted; —Creation of new programs, offices, agencies, or commissions, or

substantial augmentations of existing programs, offices, agencies, or commissions; —Relocations of offices or employees;

—Reorganization of offices, programs, or activities; and

—Contracts out or privatizes any functions or activities presently

performed by Federal employees.

The Committee directs each department or agency to notify the

Committee when the number of political appointees rises above 10

percent from either of the previous 2 years or when five or more

political appointees are added in a given year. The Committee

should be notified 30 days before either of these situations occurs.

Similar notification should be provided when the same number of

personnel positions is converted from political appointments to civil

service positions.

In addition, the Committee directs departments or agencies funded in the accompanying bill that are planning to conduct a reduction in force to notify the Committees by letter 30 days in advance

of the date of the proposed personnel action. Also, the Committee

directs that any items which are subject to interpretation will be

reported.
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BUDGETARY IMPACT OF BILL

PREPARED IN CONSULTATION WITH THE CONGRESSIONAL BUDGET OFFICE PURSUANT TO SEC.

308(a), PUBLIC LAW 93–344, AS AMENDED

[In millions of dollars]

Budget authority Outlays

Committee

allocation Amount of bill Committeeallocation Amount of bill

Comparison of amounts in the bill with Committee allocations to its subcommittees of

amounts in the First Concurrent Resolution

for 2002: Subcommittee on Commerce, Justice, and State, the Judiciary, and Related

Agencies:

General purpose, defense ............................ 604 604 NA NA

General purpose, non-defense ..................... 37,772 37,772 NA NA

General purpose, total ................................. 38,376 38,376 39,049 1 38,545

Conservation ................................................ 384 251 202 202

Mandatory .................................................... 572 627 581 577

Projection of outlays associated with the recommendation:

2002 ............................................................. .................... .................... .................... 2 26,508

2003 ............................................................. .................... .................... .................... 7,080

2004 ............................................................. .................... .................... .................... 3,972

2005 ............................................................. .................... .................... .................... 1,693

2006 and future years ................................ .................... .................... .................... 573

Financial assistance to State and local governments for 2002 ................................................ NA 3,295 NA 467

1 Includes outlays from prior-year budget authority.

2 Excludes outlays from prior-year budget authority.

NA: Not applicable.
(6)

TITLE I—DEPARTMENT OF JUSTICE

The Committee has made funding for law enforcement the centerpiece of the fiscal year 2002 appropriations bill. The Committee

recommends $21,532,214,000 in new budget (obligational) authority

in the accompanying bill for the Department of Justice with a

strong emphasis on law enforcement activities for fiscal year 2002.

The Committee shares the desire of the House 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 the Appropriations Committee, which makes such a relationship imperative.

GENERAL ADMINISTRATION

SALARIES AND EXPENSES

Appropriations, 2001 ............................................................................. $88,518,000

Budget estimate, 2002 ........................................................................... 93,433,000

Committee recommendation ................................................................. 93,433,000

This account funds the development of policy objectives and the

overall management of the Department of Justice. The Committee

recommends an appropriation of $93,433,000. The recommendation

is identical to the budget request and provides for all needed adjustments to base.

IDENT/IAFIS.—Shortcomings in the INS’ Automated Biometric

Identification System [‘‘IDENT’’] database were blamed for the release of suspected serial killer Rafael Resendez Ramirez. In the

wake of Resendez Ramirez’s later surrender, Justice Management

Division [JMD] took over development and integration of IDENT

and the FBI’s Integrated Automated Fingerprint Identification System [IAFIS]. That effort has been expanded to integrate the INS’ Enforcement Case Tracking System [‘‘ENFORCE’’] with IDENT/

IAFIS. The Committee recommendation provides a $1,000,000 increase over fiscal year 2001 for management of the development

and piloting of IDENT/IAFIS. JMD is directed to provide the Committees on Appropriations with progress reports as needed.

International Law Enforcement Training Academy/Mexico.—The

Committee believes a law enforcement training academy, similar to

the International Law Enforcement Academies (ILEAs) in Budapest and Bangkok, should be established in Southern Mexico.

United States law enforcement agency personnel would manage the

facility and conduct the courses, and in the process develop personal relationships with Mexican law enforcement personnel that

would be invaluable to future liaison and cooperative international

law enforcement activities. The Committee directs the Attorney

General, in consultation and collaboration with the Secretary of
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State, to provide a report to the Committees on Appropriations of

the House of Representatives and the Senate no later than May 12,

2002 on the feasibility of establishing ILEA-Mexico. The Committee

expects the report to include a timeline, cost analysis, and implementation plan for establishing ILEA-Mexico.

JOINT AUTOMATED BOOKING SYSTEM

Appropriations, 2001 ............................................................................. $15,880,000

Budget estimate, 2002 ........................................................................... 15,957,000

Committee recommendation ................................................................. 22,500,000

This account centrally funds development, acquisition, and deployment of the joint automated booking system [JABS]. Previously, JABS funding was distributed among various Justice components.

The Committee recommends an appropriation of $22,500,000.

The recommendation is $6,543,000 above the budget request.

The Committee recommendations, by component, are displayed

in the following table:

Joint Automated Booking System

[In thousands of dollars]

Committee

recommendation

Field Acquisition:

BoP ................................................................................................................... 1,496

DEA .................................................................................................................. 3,337

FBI ................................................................................................................... 442

INS ................................................................................................................... 929

USMS ............................................................................................................... 1,504

JABS Incentive Fund ............................................................................................ 7,323

Management, Procurement, Deployment, Installation, Training, & Administration .................................................................................................................. 7,469

Total, JABS .................................................................................................. 22,500

JABS will: (1) standardize booking data, procedures, and equipment throughout Justice; (2) save funds by eliminating repetitive

booking of suspects; and (3) improve public safety by identifying repeat offenders and persons with outstanding charges or warrants.

JABS incentive funds are to be distributed to the component or

components making the best progress in installing and operating

the system.

LEGAL ACTIVITIES OFFICE AUTOMATION

Appropriations, 2001 ............................................................................. $68,877,000

Budget estimate, 2002 ........................................................................... 18,877,000

Committee recommendation ................................................................. 34,600,000

This account centrally funds acquisition, deployment, and maintenance of legal activities office automation [LAOA] systems, the

largest components of which are the justice consolidated network

[JCN] and the justice consolidated office network [JCON]. Previously, LAOA funding was included under ‘‘General Legal Activities’’. The adoption of a common standard and uniform equipment

across Justice components has improved efficiency and saved

money.

The Committee recommends an appropriation of $34,600,000.

The recommendation is $15,723,000 above the budget request. In
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addition, the Committee understands that $17,200,000 in prior

year funds will be available for LAOA.

LAOA is the computer modernization program for the legal divisions, including the Antitrust Division, the U.S. Attorneys, the U.S.

Marshals Service, the U.S. Trustees, the Executive Office for Immigration Review, the Community Relations Service, and the offices

funded through the ‘‘General Administration’’ and ‘‘General Legal

Activities’’ accounts. The JCN will also serve as part of the backbone for the FBI’s ‘‘Trilogy’’ program. For years, funding for computer modernization at the Department has been neglected. The

Committee has pushed hard in previous years to increase the funds

for, and widen the scope of, JCN and JCON to maximize the benefits of a common computer system across components. Most recently, the U.S. Marshals Service has been incorporated into the

network. The increase in funding over last year is caused by the

initial deployment of equipment to the U.S. Attorneys, by far the

largest of the participants, and inclusion of the Marshals, the participating agency with network and office suites most in need of

modernization.

NARROWBAND COMMUNICATIONS

Appropriations, 2001 ............................................................................. $204,549,000

Budget estimate, 2002 ........................................................................... 104,606,000

Committee recommendation ................................................................. 204,549,000

This account centrally funds development, acquisition, deployment, and operation and maintenance of the Justice Department’s

narrowband wireless communications network. By law, all Justice

components operating Land Mobile Radio [LMR] systems in the

VHF band must convert by January 1, 2005.

The Committee recommends an appropriation of $204,549,000.

The recommendation is $99,943,000 above the budget request. Previously, narrowband communications compliance funding was scattered among various Justice components.

Troubles noted below have forced the Wireless Management Office [WMO] to focus current investments on sustaining legacy systems. At the present rate of investment, the Justice Department

will not meet the narrowband conversion deadline. In anticipation

that problems described below can be resolved by the second quarter of fiscal year 2002, the Committee recommendation provides

the funds necessary to jump start procurement of digital radios.

The Committee is aware that progress on converting to

narrowband radios has been considerably slowed due to differences

among components and the WMO over network requirements.

Components are demanding network coverage and capabilities far

in excess of current system performance and cost. Though final requirements finally have been established, the Committee is very

concerned that the system acceptable to the collective may be completely unaffordable. The WMO is directed to submit a program

plan based on the final list of system requirements and a breakout,

by fiscal year and activity, of the total program cost based on the

program plan not later than December 31, 2001. None of the funds

provided for Narrowband Communications for fiscal year 2002 may

be made available until the Committees on Appropriations have

approved this program plan.
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Central management of narrowband radio investments will,

when properly enforced: (1) maximize resource sharing; (2) ensure

system efficiency and interoperability; and (3) sharply reduce up

front and out year costs Department-wide.

PORT SECURITY

Appropriations, 2001 ............................................................................. ...........................

Budget estimate, 2002 ........................................................................... ...........................

Committee recommendation ................................................................. $39,950,000

This account funds the acquisition, deployment, and maintenance

of port security facilities and equipment for federal law enforcement agencies [LEAs]. Previously, such funds as were available for

port security activities were embedded in the accounts of participating LEAs.

The Committee recommends an appropriation of $39,950,000.

The recommendation is $39,950,000 above the budget request. The

Committee is alarmed by the lax security at U.S. seaports. Thousands of vessels, and millions of containers, move in and out of

ports with almost no inspection of cargo. In terms of both counterterrorism and counter-narcotics, this is an enormous gap in the security net we have drawn around our borders. The Committee directs the Justice Department, specifically the Deputy Attorney

General for Combatting Terrorism, to develop a nationwide, multiagency port security plan for submission to the Committee not later

than February 14, 2002.

COUNTERTERRORISM FUND

Appropriations, 2001 ............................................................................. $4,989,000

Budget estimate, 2002 ........................................................................... 4,989,000

Committee recommendation ................................................................. 0

The Committee does not recommend an appropriation for the

‘‘Counterterrorism fund’’ account. The recommendation is

$4,989,000 below the request and the fiscal year 2001 appropriation. The Committee is aware that there will be carryover balances

available in fiscal year 2002 in excess of $41,077,000.

This fund is under the control and direction of the Deputy Attorney General for Combatting Terrorism to: (1) cover the costs incurred in reestablishing the operational capability of an office or facility which has been damaged or destroyed as a result of any domestic or international terrorist incident; (2) cover the costs of providing support to counter, investigate, or prosecute domestic or

international terrorism, including payment of rewards in connection with these activities; and (3) cover the costs of conducting a

terrorism threat assessment of Federal agencies and their facilities.

National Guard.—The Committee’s goals include providing

States with an improved ability to respond to terrorist threats or

events. This includes training and equipping the first responder

who will arrive at the scene within 1 hour of an attack. The Committee is also aware of the States’ Community Support Teams that

are expected to arrive within 6 to 8 hours after an event has occurred. The Committee urges the National Guard Bureau (NGB) to

significantly reduce this arrival time.
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The Committee is aware of the important work the National

Guard is doing in preparing for terrorist attacks. Last year, the Defense Subcommittee provided funding for counterterrorism infrastructure at the NGB. This funding remains available to help support the work of the co-coordinators for combatting domestic terrorism.

DEPUTY ATTORNEY GENERAL FOR COMBATING DOMESTIC TERRORISM

The United States is in the beginning stages of developing an organizational structure for leadership in the area of terrorism preparedness. A National Coordinator for Security, Infrastructure Protection, and Counterterrorism was established 4 years ago within

the National Security Council. Under Presidential Decision Directive 62, the National Coordinator was tasked with coordinating

interagency terrorism policy issues and reviewing ongoing terrorism-related activities. While the designation of a National Coordinator signaled the previous Administration’s recognition of the

weight of the problem, it was not a permanent solution. Responsibility for developing national security policy belongs to the President. However, it is the responsibility of the Congress to provide

the means to implement a systematic and synchronized policy that

will achieve sustainable Federal, State, and local cooperation on domestic terrorism issues. Whomever is responsible for managing this

Nation’s activities to combat terrorism must be accountable to the

American people.

Despite increased attention to this problem over the last 5 years,

there remains considerable confusion over jurisdiction at all levels

of government. In order to improve coordination and centralize the

policy-making structure for domestic terrorism within the Department of Justice, the Committee recommends the creation of a Deputy Attorney General for Combating Domestic Terrorism (DAG–

CT). The Committee recommends $23,000,000 for this purpose. The

DAG–CT shall have as its principal duty the overall coordination

and implementation of policy aimed at preventing, preparing for,

and responding to terrorist attacks within the United States. This

person will be directly responsible to the Attorney General. This office will be responsible for domestic terrorism policy development

and coordination and will speak for the Department on and coordinate with all of the appropriate agencies for terrorism-related matters.

The DAG–CT will be nominated by the President and confirmed

by the Senate. This person will work with localities across the

country, all of the States and territories, and all of the Federal

agencies and departments with responsibility for combating terrorism. The DAG–CT will not be in any other chain of command

within the Department of Justice. The DAG–CT will not be considered as a successor to the Attorney General. This position is recommended only to address terrorism within the United States and

should not compete with the present Deputy Attorney General position. It shall be the responsibility of the DAG–CT to select, appoint,

employ, and determine the compensation of personnel to carry out

the Office’s primary purpose, to monitor the implementation of the

national strategy and associated classified and unclassified plans,
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including conducting program and performance audits and evaluations.

The National Strategy.—The American people, the Congress, the

President, the Attorney General, and the Director of FEMA must

be able to look to one strategy to keep this country safe from domestic terrorism. In conjunction with the Vice President, the DAG– CT and the Deputy Director of the Federal Emergency Management Agency (FEMA) shall develop and implement a national

strategy establishing the policies, objectives, and priorities of the

Federal Government for preventing, preparing for, and responding

to domestic terrorist attacks. The strategy shall include measurable

objectives to be achieved. The national strategy shall include a description of the role each Federal department and agency and State

and local government entity performs in combating terrorism, as

well as a description of Federal training, equipment, exercise, and

grant programs. The strategy shall rest on four pillars: prevention

(including detection and deterrence), preparedness, crisis management, and consequence management (including long term response).

A comprehensive national strategy is benign unless its custodian

has the tools to implement it. The DAG–CT and Deputy Director

of FEMA will thus be responsible for advising the President and

Vice-President on ways to ensure that agencies’ and departments’ programs and policies complement the national strategy. The

DAG–CT and Deputy Director of FEMA must be kept appraised of

any changes in the organization, management, or budgets of the

Federal departments and agencies as they relate to combating domestic terrorism. The Committee therefore directs all agencies and

departments involved in combating domestic terrorism to participate in an annual review process that the DAG–CT and Deputy Director of FEMA will coordinate for the President and Vice-President. In conducting their review, the DAG–CT and Deputy Director

of FEMA shall consult with the appropriate entities. The purpose

of the review is to allow the DAG–CT and Deputy Director of

FEMA to better coordinate agencies’ policies, programs, and budgets for combating domestic terrorism and monitor their progress in

implementing the national strategy.

The DAG–CT and Deputy Director of FEMA shall provide the

Committees on Appropriations a plan for implementing the national strategy. The DAG–CT and Deputy Director of FEMA together shall develop a strategy and plan in consultation with the

department and agency heads involved in combating domestic terrorism, the Congress, and the State and Local Advisory Group.

They shall submit the strategy and plan through the Attorney General and the Director of FEMA to the Congress, President, and

Vice-President.

Risk and Threat Assessments.—A rigorous and continuous assessment of risk will help ensure that training, equipment, and

other safeguards are justified and targeted. Decisions must be

based on a threat, the level of uncertainty regarding that threat,

vulnerability to attack, and the criticality of assets. They should

not be based solely on the worst-case, but rather on a range of

plausible threat scenarios. These scenarios should, to the extent

possible, be developed with reference to past incidents, U.S. pro-
12

gram experience, and current intelligence. Regularly scheduled exercises such as TOPOFF will serve to demonstrate and refine the

national strategy. Continually updated intelligence and law enforcement input, therefore, is crucial to the process. A multidisciplinary team of experts selected by the DAG–CT and Deputy Director of FEMA will generate these objectives and a plan for ensuring

their currency. This plan should be provided to the Committees on

Appropriations no later than May 1 of each year.

Reorganization.—The National Domestic Preparedness Office

(NDPO), currently under the FBI, will be transferred to the DAG– CT. The NDPO is directed to provide support to the FEMA, which

has been given the responsibility of serving as a single point of contact for State and local governments by the President. The Office

of State and Local Domestic Preparedness Support (OSLDPS), formerly under the Office of Justice Programs (OJP), will also be

transferred to the DAG–CT. The OJP will continue to administer

grants involving counterterrorism equipment, training, and preparedness activities. However the DAG–CT, through OSLDPS, will

be responsible for the programmatic development of these grant

programs and will have final approval authority. The Committee

also believes that certain other national security policy entities

within the Department of Justice should report to the DAG–CT, including the Executive Office of National Security. Finally, funding

for terrorism-related research, development, test, and evaluate

(RDT&E) programs within the Department of Justice will pass

through the National Institute of Justice (NIJ) with direction from

the DAG–CT as to how funds will be spent.

Budget Approval.—The Committee directs the DAG–CT and Deputy Director of FEMA to develop for each fiscal year a governmentwide budget to implement the national strategy. They shall do so

in consultation with the Vice-President, the Office of Management

and Budget, and the departments and agencies and program managers with responsibility for combating domestic terrorism. The

DAG–CT and Deputy Director of FEMA shall advise all such departments and agencies in preparation of their budgets prior to

submission. The Attorney General and Director of FEMA shall

transmit one consolidated budget proposal with revised requests to

the President simultaneous to submission to the OMB. The DAG–

CT shall generate reprogrammings within the Department of Justice under section 605 for that funding available for the implementation of the national strategy.

TELECOMMUNICATIONS CARRIER COMPLIANCE FUND

Appropriations, 2001 ............................................................................. $200,976,000

Budget estimate, 2002 ........................................................................... ...........................

Committee recommendation ................................................................. ...........................

No funds are requested or recommended, because the Committee

provided the funds necessary to fully capitalize the fund in fiscal

year 2001.

ADMINISTRATIVE REVIEW AND APPEALS

Appropriations, 2001 ............................................................................. $160,708,000

Budget estimate, 2002 ........................................................................... 178,499,000

Committee recommendation ................................................................. 45,813,000
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The Executive Office for Immigration Review [EOIR] includes the

Board of Immigration Appeals, immigration judges, and administrative law judges who decide through administrative hearings

whether to admit or exclude aliens seeking to enter the country,

and whether to deport or adjust the status of aliens whose status

has been challenged. This account also funds the Office of the Pardon Attorney which receives, investigates, and considers petitions

for all forms of executive clemency. The Committee recommends an appropriation of $45,813,000. The recommendation is $132,686,000 below the budget request.

The recommendation assumes that $127,834,000 in funds from the

Immigration and Naturalization Service ‘‘immigration examinations fee’’ account will be made available for EOIR operations, in- cluding $1,200,000 for contract court interpreter services for immigration court proceedings. Exam fees may be used for expenses in

providing immigration adjudication.

DETENTION TRUSTEE

Appropriations, 2001 ............................................................................. $998,000

Budget estimate, 2002 ........................................................................... 1,718,000

Committee recommendation ................................................................. 88,884,000

The Detention Trustee oversees Federal detainees. The Committee recommends an appropriation of $88,884,000. The recommendation is $87,166,000 above the budget request.

The Trustee has management responsibility for detention, but

funding remains under the control of the various components.

Without control of funds, the Trustee is powerless. Noting this

weakness last year, the conferees directed that detention funds be

consolidated under the Trustee in fiscal year 2002. The Department ignored this direction.

Nevertheless, the Committee is determined to make use of this

new position. Therefore, the Committee recommendation centralizes funding for prisoner movements under the Detention Trustee.

Management of the Justice Prisoner and Alien Transportation System [JPATS] is precisely the sort of task that should be undertaken

by the Detention Trustee. Endless disputes between JPATS ‘‘customers’’ are distracting managers from the complex task of operating an airline in a high security environment. As an impartial arbiter with control of program funding, the Trustee should be able

to quickly resolve most of the disagreements affecting JPATS. The

Trustee should also be able to rally the necessary support at the

Department level to put JPATS on a sound financial footing.

In addition, the Committee directs the Justice Department to

centralize detention funding under the Trustee as part of the fiscal

year 2003 budget request.

OFFICE OF INSPECTOR GENERAL

Appropriations, 2001 ............................................................................. $41,484,000

Budget estimate, 2002 ........................................................................... 45,495,000

Committee recommendation ................................................................. 46,006,000

The Committee recommends an appropriation of $46,006,000.

The recommendation is $511,000 above the budget request.

Base restoration.—The erosion of base funding over time has had

a negative effect on Justice Department components. Chronic budg-
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et shortfalls have led to ‘‘hollow workyears’’, ‘‘rent holes’’, and ‘‘run

to failure’’ replacement cycles that have undermined the efficiency

and effectiveness of Federal law enforcement. The Committee is intent on putting Justice Department agencies on a sound financial

footing. Therefore, the recommendation fully funds the Inspector

General’s true base requirements. This adjustment should be treated as a permanent increase to the base.

INS fees.—In keeping with agreements made in previous years,

no INS fees shall be available to the IG. The recommendation substitutes direct appropriations for fees to maintain the current level

of IG audit activity.

U.S. PAROLE COMMISSION

SALARIES AND EXPENSES

Appropriations, 2001 ............................................................................. $8,836,000

Budget estimate, 2002 ........................................................................... 10,862,000

Committee recommendation ................................................................. 8,836,000

This Commission is an independent body within the Department

of Justice which makes decisions regarding requests for parole and

supervision of Federal prisoners. The Committee recommends an appropriation of $8,836,000. The recommendation is $2,026,000 below the budget request.

The Parole Commission is scheduled to be phased out in 2002 as

a result of the creation of sentencing guidelines. The Committee

recommendation ensures timely close out of the Commission’s operations. In particular, the District of Columbia parole caseload has

been returned to the jurisdiction of the District.

Close out process.—The Committee is aware that it will take at

least 6 months to shut down operations at the Parole Commission.

To minimize the cost and inconvenience of this process, the Commission should begin to wind down operations immediately. In particular, the Commission, in cooperation with the Justice Department, should aggressively pursue outplacing of employees to avoid

layoffs when the Commission ceases operation. Also, the Commission, with the help of the General Services Administration, should

begin discussions with Federal agencies willing and able to assume

the Commission’s lease. Finally, preparation of files for shipment

to various archives should be pursued with diligence. Justice

should continue to make available as many details as are necessary

to support the Commission’s work during this final transition period. Manpower from the legal divisions would be especially valuable in this regard. The Department is directed to report quarterly

to the Committee on the resources it has lent to the Commission.

LEGAL ACTIVITIES

GENERAL LEGAL ACTIVITIES

Appropriations, 2001 ............................................................................. $534,592,000

Budget estimate, 2002 ........................................................................... 566,822,000

Committee recommendation ................................................................. 527,543,000

This appropriation funds the establishment of litigation policy,

conduct of litigation, and various other legal responsibilities,

through the Office of the Solicitor General, the Tax Division, the
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Criminal Division, the Civil Division, the Environmental and Natural Resources Division, the Civil Rights Division, the Office of

Legal Counsel, and Interpol. The Committee recommends an appropriation of $527,543,000. The recommendation is $39,279,000 below the budget request. The

reduction is due, in part, to the establishment of ‘‘Legal Activities

Office Automation’’ as a separate account.

The Committee recommendations, by division or office, are displayed in the following table:

General Legal Activities

[In thousands of dollars]

Office of the Solicitor General ........................................................................ 7,093

Tax Division:

Civil Trial .................................................................................................. 37,758

Civil Appellate .......................................................................................... 8,716

Criminal Enforcement .............................................................................. 16,337

Management & Administration .............................................................. 8,425

Office of the Assistant Attorney General ............................................... 919

Office of Review ........................................................................................ 1,277

Criminal Division:

Organized Crime and Narcotics:

Narcotics and Dangerous Drug Section ........................................... 8,085

Organized Crime and Racketeering Section ................................... 5,524

White Collar Crime:

Child Exploitation and Obscenity Section ....................................... 4,455

Computer Crime and Intellectual Property Section ....................... 7,090

Public Integrity Section .................................................................... 8,297

Fraud Section .................................................................................... 12,073

International:

Terrorism and Violent Crime Section .............................................. 6,878

Office of International Affairs .......................................................... 11,099

Internal Security Section .................................................................. 2,924

Office of Special Investigations ........................................................ 6,149

Litigation Support:

Appellate Section ............................................................................... 3,953

Asset Forfeiture and Money Laundering Section ........................... 6,519

Office of Enforcement Operations .................................................... 12,949

Office of Policy and Legislation ........................................................ 1,497

Management and Administration:

Office of Assistant Attorney General ............................................... 3,996

Office of Administration ................................................................... 10,610

Civil Division:

Federal Appellate Activity ....................................................................... 11,530

Torts Litigation:

Aviation & Admiralty ....................................................................... 10,241

Federal Torts Claims Act ................................................................. 7,970

Environmental Torts ......................................................................... 5,715

Constitutional & Specialized Torts .................................................. 3,744

All Other Torts .................................................................................. 1,857

Commercial Litigation ............................................................................. 62,102

Federal Programs ..................................................................................... 19,217

Consumer Litigation ................................................................................ 5,796

Immigration Litigation ............................................................................ 16,873

Management & Administration .............................................................. 12,172

Environment and Natural Resources Division:

Appellate & Policy:

Appellate Section ............................................................................... 4,204

Policy, Legislation, & Special Litigation Section ............................ 1,631

Environmental Protection:

Environmental Crimes Section ........................................................ 3,399

Environmental Defense Section ....................................................... 10,033

Environmental Enforcement Section ............................................... 20,003

Natural Resources:

General Litigation Section ................................................................ 12,112
16

General Legal Activities—Continued

Indian Resources Section .................................................................. 2,221

Land Acquisition Section .................................................................. 4,564

Wildlife & Marine Resources Section .............................................. 2,314

Management & Administration:

Executive Office ................................................................................. 4,773

Office of the Assistant Attorney General ........................................ 1,346

Office of Legal Counsel ................................................................................... 4,971

Civil Rights Division:

Appellate Section ...................................................................................... 4,010

Coordination & Review Section ............................................................... 3,525

Civil Rights Prosecution Section ............................................................. 10,909

Disability Rights Section ......................................................................... 15,273

Education Opportunities Section ............................................................ 4,298

Employment Litigation Section ............................................................... 7,215

Housing & Civil Enforcement Section .................................................... 13,163

Office of Special Counsel for Immigration-Related Unfair Employment Practices ....................................................................................... 6,573

Special Litigation Section ........................................................................ 7,420

Voting Section ........................................................................................... 12,742

Administrative Management Section ..................................................... 10,702

Interpol—USNCB ............................................................................................ 7,360

Courtroom Technology .................................................................................... 2,612

Office of Dispute Resolution ........................................................................... 330

Total ....................................................................................................... 527,543

The Committee expects to be consulted prior to any deviation

from the above plan for fiscal year 2002. No funds are provided for

the Joint Center for Strategic Environmental Enforcement.

Courtroom technology.—Federal attorneys have been experimenting with portable, off-the-shelf video and computer equipment

for courtroom proceedings. These attorneys found that the equipment substantially improved the presentation of evidence, as well

as rapidly accelerating the pace of trials. Users found that they

saved the equivalent of one trial day in every five using video and

computer equipment. The Committee recommendation provides

$2,612,000 for courtroom technology to be distributed among the divisions on the basis of need. The Committee expects the legal divisions to report to the Committees on Appropriations on their courtroom technology efforts not later than February 1, 2002.

Drug labs in Federal parklands.—Last year, a record 452 methamphetamine labs or dumps were seized in national forests. The

environmental threat posed by these labs and dumps is severe. The

by-products of methamphetamine production: anhydrous ammonia,

ether, sulfuric acid, and other toxins, are volatile, corrosive, and

poisonous. Often, lab operators dump these materials in rivers and

streams to eliminate evidence. Within available resources, the

Committee recommendation provides $262,000 for prosecuting the

operators of drug labs hidden in national parks and forests, including such sums as are necessary for litigation support.

Poaching on Federal lands.—The theft of plant and animal species from public lands is reaching alarming proportions. Driven by

everything from the landscaping needs of a booming housing market to the renewed interest in traditional medicines, poachers are

despoiling parks and forests by stealing species such as barrel cactus, black bears, and sea sponges. Ironically, the very protection afforded endangered species on public lands has resulted in bigger,

healthier, and more common examples of these species, making
17

them prime targets for thieves. Within available resources, the

Committee recommendation provides $525,000 for prosecuting traffickers arrested for looting plants and animals from Federal lands,

including such sums as are necessary for litigation support.

THE NATIONAL CHILDHOOD VACCINE INJURY ACT

Appropriations, 2001 ............................................................................. $4,019,000

Budget estimate, 2002 ........................................................................... 4,028,000

Committee recommendation ................................................................. 4,028,000

This account covers Justice Department expenses associated with

litigating cases under the National Childhood Vaccine Injury Act of

1986. The Committee recommends a reimbursement of $4,028,000

for legal costs. The recommendation is identical to the budget request.

ANTITRUST DIVISION

SALARIES AND EXPENSES

Appropriations, 2001 ............................................................................. $120,572,000

Budget estimate, 2002 ........................................................................... 140,973,000

Committee recommendation (including carryover) ............................. 130,791,000

The Antitrust Division investigates potential violations of Federal antitrust laws, represents the interests of the United States in

cases brought under these laws, acts on antitrust cases before the

Supreme Court, and reviews decisions of regulatory commissions

relating to antitrust law.

The Committee recommendation assumes a total of $130,791,000

in budget (obligational) authority. The recommendation is

$10,182,999 below the budget request. The amount provided fully

funds base requirements.

Workload.—The Committee is concerned that the merger frenzy

gripping increasingly massive industrial combines threatens to

overwhelm the ability of the Antitrust division to keep pace with

complex merger proposals. The value of merger activity in the

United States jumped from $959,000,000,000 in fiscal year 1997 to

$1,830,000,000,000 in fiscal year 2000. Furthermore, recent market

conditions will likely spark an increase in merger activity. The collapse of high technology stocks, and the resultant downward pressure on all stock prices, has created ‘‘fire sale’’ opportunities for

cash-rich corporations to acquire undervalued companies. The Committee recommendation includes an increase of $3,617,000 over fiscal year 2001 to ensure the timely review of merger filings.

U.S. ATTORNEYS

SALARIES AND EXPENSES

Appropriations, 2001 ............................................................................. $1,247,631,000

Budget estimate, 2002 ........................................................................... 1,346,289,000

Committee recommendation ................................................................. 1,260,353,000

This account supports the Executive Office for U.S. Attorneys

[EOUSA] and the 94 U.S. attorneys offices throughout the United

States and its territories. The U.S. attorneys serve as the principal

litigators for the U.S. Government for criminal and civil matters.
18

The Committee recommends an appropriation of $1,260,353,000. The recommendation is $85,936,000 below the budget request. The

Committee is aware that the U.S. Attorneys will receive

$142,017,000 in reimbursements in fiscal year 2002. As in the past,

Committee recommendations focus the efforts of the U.S. Attorneys

on those crimes where the unique resources, expertise, or jurisdiction of the Federal Government can, or must, be most effective.

Fundamental reform.—For the past several years, the Committee

has attempted to fix the U.S. Attorney’s resource allocation process.

That process has resulted in wide disparities in caseload between

districts. Assistant U.S. Attorneys [AUSAs] in the busiest districts

are responsible for almost 10 times the number of criminal prosecutions and almost 14 times the number of civil prosecutions as

AUSAs in the sleepiest districts. The Committee has pursued several methods to better match resources to changing patterns of

crime. First, the Committee tried to influence the division of spoils

process conducted by the EOUSA at the beginning of each year.

Next, it suggested using term appointments for new hires to allow

attorneys and support staff to be plugged in and pulled out of overor under-worked districts as needed. Finally, the Committee directed that specific numbers of personnel be transferred to and

from specific offices to better align capability with need. Exercising

unusual political muscle, presidentially-appointed U.S. Attorneys

were successful in defeating all of these initiatives. As a result, the

disparities in caseload between districts have grown worse.

The Committee is prepared to give headquarters the tools to reform the U.S. Attorneys. All previous congressional guidance to the

U.S. Attorneys regarding initiatives and the designation of funds is

waived. The EOUSA is free to distribute manpower and funding

among the district offices for the purposes, and to the places, it

feels best serve the interests of the American people. The EOUSA

may coordinate with the heads of the various investigatory agencies as it sees fit. The EOUSA shall submit a report on its proposed

reforms to the Committees on Appropriations not later than March

17, 2002.

Gun Prosecutions.—Within available resources and manpower

ceilings, the Committee recommendation includes an additional

$5,000,000 over fiscal year 2001 for the existing gun prosecution

initiative in Pennsylvania and $500,000 over fiscal year 2001 for

the existing gun prosecution initiative in Colorado.

Gun Surveillance Technology.—The Committee is aware of commercially off-the-shelf technology consisting of acoustic sensors and

telecommunication networks connected to police dispatch centers

allowing for the location of a gunshot to be accurately located within seconds. With this technology, dispatchers can direct officers

rapidly to the precise gunshot location. The Committee recommends $6,000,000 for a pilot initiative, ‘‘Project CeaseFire’’, to

deploy a gunshot location system in four cities: Las Vegas, NV; St.

Louis, MO; Charleston, SC; and Kansas City, KS.

Courtroom technology.—In a recent report to the Committee, the

U.S. Attorneys extolled the virtues of their courtroom technology

pilot. Using portable, off-the-shelf video and computer equipment

for courtroom proceedings, the Attorneys found that the equipment

substantially improved the presentation of evidence and rapidly ac-
19

celerated the pace of trials. The pilot having validated the concept,

the U.S. Attorneys are prepared to expand the courtroom technology program nationwide. The Committee recommendation provides $5,224,000 for courtroom technology activities, including

standardization of hardware and software, training, equipment

purchases, and operation of a pilot regional center. The Committee

expects the U.S. Attorneys to report to the Committees on Appropriations on the distribution of these resources not later than February 1, 2002.

Computer and Telecommunications Coordinators [CTC].—Over

the last 5 years, the Department established a network of prosecutors trained to investigate and prosecute high-technology crimes.

Each office appointed a CTC to serve as a resident consultant on

high technology issues who coordinates with other offices and is the

legal consultant to agents, prosecutors, and the private sector for

high technology cases. The Committee provides $297,000 for equipment ($180,000) and annual training ($117,000) for each CTC position.

Cyber Crime and Intellectual Property Enforcement.—The Committee recommends $10,000,000, 100 positions, and 50 FTE, including 55 attorneys, to augment the investigation and prosecution of

intellectual property crimes, including software counterfeiting

crimes and crimes identified in the No Electronic Theft (NET) Act.

The Committee directs the U.S. Attorneys to vigorously prosecute

violations of Federal copyright law. Appropriations that are not

used to fund these positions shall be used by the Computer Crimes

and Intellectual Property Section to reimburse regional offices for

the resources spent by regional office personnel on intellectual

property investigations. The U.S. Attorneys shall report to the

Committee not later than April 30, 2002 on the number of copyright law prosecutions undertaken in the preceding year, including

those under Public Law 105–147, by type and location.

Legal education.—Within available resources and manpower ceilings, the Committee recommendation provides $17,741,000 for legal

education at the National Advocacy Center [NAC] as requested by

the Administration. If merited, the NAC may expand cybercrime,

cyberpiracy, and counterfeiting classes. In addition, also within

available resources, the Committee recommendation provides

$1,000,000 to continue the establishment of a distance learning facility at the NAC. NAC State and local training funds are provided

under the Office of Justice Programs.

Violent crime task forces.—Last year, the Conferees provided

$1,000,000 to a violent crime task force to investigate and prosecute perpetrators of Internet sexual exploitation of children as

well as to initiate an investigation into the participation of motor

cycle gangs in drug running and other criminal activity. The Committee recommends an additional $1,000,000 within available resources to continue and expand this effort under the auspices of

Operation Streetsweeper.

U.S. TRUSTEE SYSTEM FUND

Appropriations, 2001 ............................................................................. $125,720,000

Budget estimate, 2002 ........................................................................... 154,044,000

Committee recommendation ................................................................. 154,044,000
20

The U.S. trustee system provides administrative support to expeditiously move bankruptcy cases through the bankruptcy process

and ensures accountability of private trustees appointed to administer bankruptcy estates. The Committee recommends a total of $154,044,000 in budget

authority. The recommendation is identical to the budget request.

The Committee notes that workload increases associated with

bankruptcy reform have not been factored into the amount requested for, or provided to, the Trustees. The Committee recommendation includes $750,000 for the Bankruptcy Training Center at the National Advocacy Center. The Committee supports the Trustees’ continuing education program.

FOREIGN CLAIMS SETTLEMENT COMMISSION

Appropriations, 2001 ............................................................................. $1,105,000

Budget estimate, 2002 ........................................................................... 1,130,000

Committee recommendation ................................................................. 1,130,000

The Committee recommends an appropriation of $1,130,000. The

recommendation is identical to the budget request and fully provides for the adjudication of claims against: Germany relating to

World War II; Cuba relating to the Castro regime; and Iraq relating to the U.S.S. Stark incident and Desert Shield/Storm.

The Foreign Claims Settlement Commission settles claims of

American citizens arising from nationalization, expropriation, or

other takings of their properties and interests by foreign governments.

U.S. MARSHALS SERVICE

SALARIES AND EXPENSES

Appropriations, 2001 ............................................................................. $571,435,000

Budget estimate, 2002 ........................................................................... 619,818,000

Committee recommendation ................................................................. 644,746,000

The U.S. Marshals Service is made up of 94 offices with the responsibility for the apprehension of fugitives, protection of the Federal judiciary, protection of witnesses, execution of warrants and

court orders, and the custody and transportation of the accused and

unsentenced prisoners. The Committee recommends an appropriation of $644,746,000. The recommendation is $24,928,000 above the budget request.

Base restoration.—The erosion of base funding over time has had

a negative effect on Justice Department components. Chronic budget shortfalls have led to ‘‘hollow workyears’’, ‘‘rent holes’’, and ‘‘run

to failure’’ replacement cycles that have undermined the efficiency

and effectiveness of Federal law enforcement. The Committee is intent on putting Justice Department agencies on a sound financial

footing. Therefore, the recommendation fully funds the Marshals

Service’s true mandatory and core base requirements, the latter in- cluding $1,000,000 for Special Operations Group training, equipment, and facilities maintenance.

Also included in the Committee recommendation are $1,766,000

(excluding a $230,000 transfer from the Justice Detainee Information System) to improve and maintain the Warrant Information

Network and to continue subscriptions to various government and
21

private networks and on-line services and $1,400,000 for Electronic

Surveillance Unit recurring costs. The recommendation also transfers $852,000 in base resources from Human Resources to the Central Courthouse Management Group to implement the Marshals’ safety and health program.

Courthouse Security Personnel.—The conversion of 1811 slots to

detention enforcement officer and 082 slots allows the Marshals to

add to its rolls without increasing costs. The additional personnel

that result from this restructuring process should cover unmet requirements on the Southwest border and at newly opening courthouses.

Courthouse security equipment.—This account funds security

equipment, furnishings, relocations, and telephone systems and cabling. The Committee recommendation provides $18,145,000 for

courthouse security equipment. This equipment will outfit newly

opening courthouses in the following locations:

USMS Courthouse Security Equipment

[In thousands of dollars]

Committee

recommendation

Detainee Facilities:

Fort Smith, AR ................................................................................................ 200

El Centro, CA .................................................................................................. 315

San Francisco, CA .......................................................................................... 200

Denver, CO ...................................................................................................... 1,090

Washington, DC .............................................................................................. 75

Jacksonville, FL .............................................................................................. 1,065

Dublin, GA ...................................................................................................... 432

Moscow, ID ...................................................................................................... 50

Bowling Green, KY ......................................................................................... 330

Bay City, MI .................................................................................................... 175

Detroit, MI ....................................................................................................... 450

Cape Girardeau, MO ...................................................................................... 75

East St. Louis, MO ......................................................................................... 10

Greenville, MS ................................................................................................ 645

Gulfport, MS ................................................................................................... 540

Hattiesburg, MS .............................................................................................. 590

Oxford, MS ...................................................................................................... 1,095

Newark, NJ ..................................................................................................... 300

Brooklyn, NY ................................................................................................... 1,966

Columbus, OH ................................................................................................. 300

Muskogee, OK ................................................................................................. 920

Florence, SC .................................................................................................... 321

Spartanburg, SC ............................................................................................. 555

Columbia, TN .................................................................................................. 195

Amarillo, TX .................................................................................................... 450

Houston, TX .................................................................................................... 1,063

Laredo, TX ....................................................................................................... 700

Waco, TX ......................................................................................................... 423

Cheyenne, WY ................................................................................................. 800

Minor Repair .......................................................................................................... 375

Justice Federal Protective Officers ....................................................................... 1,617

Engineering Services ............................................................................................. 643

Security Survey ...................................................................................................... 180

Total, USMS Security Equipment ............................................................. 18,145

The Committee expects to be consulted prior to any deviation

from the above plan for fiscal year 2002.

Fugitive apprehensions.—At any given moment, 25,000 to 30,000

fugitives are prowling America’s streets. With nothing to lose, these

fugitives are particularly prone to violent crime. The Committee is
22

aware that resources dedicated to fugitive apprehension are often

diverted to courthouse security. Therefore, the Committee directs

the Marshals to establish task forces in New York City and Los

Angeles dedicated full-time to the pursuit of the most dangerous

fugitives on the eastern and western seaboard. The task forces

shall answer only to the Director or the Associate Director for Operations. Each team shall be made up of not less than a total of

12 supervisors, DUSMs, surveillance specialists, analysts, and support staff. To the degree possible, team members should be drawn

from DUSMs serving on the Special Operations Group [SOG] as a

collateral duty. The Committee recommendation includes

$5,882,000 for the task forces, of which $2,497,000 is for the full

year costs of 1811s and support staff on the task forces, $2,177,000

is for outfitting, training, and housing the task forces, $53,000 is

for travel, and $1,155,000 is for permanent change of station moves

(capped at $55,000 per move). In addition, the Committee recommendation provides an increase of $4,553,000 over the fiscal

year 2002 request for electronic surveillance unit [ESU] personnel,

training, and equipment, including funding for surveillance vans

and light aircraft, bucket trucks, a central signal collection system,

secure communications equipment, various tracking systems, and

night vision equipment.

Terrorism.—The World Trade Center bombing trials and a number of other high threat or special assignments have been a continuing, and unfunded, drain on the resources of the Marshals. The

Committee recommendation includes an increase of $2,500,000 over

fiscal year 2001 for 24 hour protection of World Trade Center

bombing trial judges and for other extraordinary costs associated

with these trials. In addition, the recommendation includes an increase of $3,300,000 over fiscal year 2001 for permanent change of

station moves. This will reduce the number of costly temporary

duty assignments required to staff high threat and special assignments and will provide the Marshals with the flexibility to transfer

deputies between districts as workload dictates. As noted above,

both amounts should be treated as permanent increases to the

base.

Radios.—The Marshals have dedicated inadequate manpower to

the narrowband conversion process. At present, only one person is

handling the transition from analog to digital systems. The Marshals are directed to establish a wireless group of not less than 10

communications officers that is dedicated to narrowband conversion

full time and that only answers to headquarters. Members of the

group shall be culled from the ranks on the basis of their radio expertise. The Committee expects regular updates on the group’s

progress.

CONSTRUCTION

Appropriations, 2001 ............................................................................. $18,088,000

Budget estimate, 2002 ........................................................................... 6,621,000

Committee recommendation ................................................................. 25,812,000

This account funds construction, security, and furniture at existing courthouses. The Committee recommends an appropriation of

$25,812,000. The recommendation is $19,191,000 above the budget

request. The request for this account verges on the irresponsible.
23

The Committee is aware that a recently-conducted national survey of Federal courthouses revealed that 95 percent of prisoner

holding and transit facilities have serious security deficiencies. Of

392 courthouses surveyed: 84 percent lack enough courtroom holding cells; 78 percent do not have secure prison elevators; 74 percent

do not have enclosed sallyports; 72 percent lack enough interview

rooms; 57 percent do not have adequate cellblock space; and 38 percent lack cameras, monitors, and alarms.

Years of neglect have created this deplorable situation, posing

risks to the judicial family, the public, and the Marshals themselves. The Committee is intent on remedying courthouse deficiencies before a tragedy occurs. The Committee recommendations,

by project, are displayed in the following table:

USMS Construction

[In thousands of dollars]

Committee

recommendation

Detainee Facilities:

Construction:

Birmingham, AL ...................................................................................... 580

Hot Springs, AR ....................................................................................... 1,328

Prescott, AZ .............................................................................................. 550

San Diego, CA .......................................................................................... 1,800

Grand Junction, CO ................................................................................ 450

Key West, FL ........................................................................................... 1,200

Agana, Guam ........................................................................................... 100

Davenport, IA .......................................................................................... 856

Sioux City, IA .......................................................................................... 100

Moscow, ID ............................................................................................... 200

Rock Island, IL ........................................................................................ 1,250

Rockford, IL ............................................................................................. 24

Springfield, IL .......................................................................................... 85

Fort Wayne, IN ........................................................................................ 175

Wichita, KS .............................................................................................. 200

Louisville, KY .......................................................................................... 749

Bay City, MI ............................................................................................ 685

Flint, MI ................................................................................................... 248

Natchez, MS ............................................................................................. 1,000

Billings, MT ............................................................................................. 850

Raleigh, NC .............................................................................................. 2,490

Santa Fe, NM ........................................................................................... 500

New York, NY (40 Foley) ........................................................................ 250

Rochester, NY .......................................................................................... 150

Akron, OH ................................................................................................ 800

Columbus, OH .......................................................................................... 1,000

Dayton, OH .............................................................................................. 150

Muskogee, OK .......................................................................................... 280

Tulsa, OK ................................................................................................. 2,100

Sioux Falls, SD ........................................................................................ 680

Houston, TX ............................................................................................. 2,675

Cheyenne, WY .......................................................................................... 200

Subtotal ................................................................................................. 23,705

Planning, Design, and Relocation:

El Dorado, AR .......................................................................................... 100

Fayetteville, AR ....................................................................................... 100

El Centro, CA ........................................................................................... 32

Jacksonville, FL ....................................................................................... 44

Ocala, FL .................................................................................................. 475

London, KY .............................................................................................. 30

Billings, MT ............................................................................................. 200

Helena, MT .............................................................................................. 20
24

Committee

recommendation

Wilmington, NC ....................................................................................... 125

Cleveland, OH .......................................................................................... 70

Hato Rey, PR ........................................................................................... 75

Columbia, SC ........................................................................................... 46

Casper, WY .............................................................................................. 100

Subtotal ................................................................................................. 1,417

Security Specialists/Construction Engineers ....................................................... 690

Total, USMS Construction ......................................................................... 25,812

The Committee considers this an important step in reducing the

backlog of critical security-related projects. As with courthouse security equipment, the Committee expects to be consulted prior to

any deviation from the above plan for fiscal year 2002.

JUSTICE PRISONER AND ALIEN TRANSPORTATION SYSTEM

Appropriations, 2001 ............................................................................. $13,470,000

Budget estimate, 2002 ........................................................................... ...........................

Committee recommendation ................................................................. 53,050,000

This account funds prisoner air transportation operations and

maintenance, aircraft procurement, and facilities.

The Committee recommends an appropriation of $53,050,000.

The recommendation is $53,050,000 above the budget request. The

funds provided will allow the Marshals to procure two modern, fuel

efficient, wide body aircraft to replace two first generation airliners

that have reached the end of their useful service lives. A similar

approach was taken last year to address problems with the Marshals’ short haul fleet. The Marshals shall report to the Committees on Appropriations on its procurement strategy not later than

November 15, 2001.

Detention Trustee.—The Justice Prisoner and Alien Transportation System [JPATS] is supposed to be funded by a self-financing

revolving fund. The self-financing aspects of the revolving fund are

at best limited to operations and maintenance. Aircraft procurement, facilities, and prisoner ground transportation require appropriated funds, as evidenced by the direct funding of two aircraft

last year. Worst of all, the use of annual reimbursements from

‘‘customers’’ to capitalize the revolving fund has led to endless disputes between agencies over aircraft operations, distracting managers from the complex task of operating an airline in a high security environment. Management of JPATS is precisely the sort of

task that should be undertaken by the new Detention Trustee.

Therefore, the Committee recommendation centralizes funding for

prisoner movements under the Detention Trustee. Base funding for

the Marshals Service, the Bureau of Prisons, and the Immigration

and Naturalization Service has been adjusted accordingly. The

Trustee shall be reimbursed by components for prisoner movements in excess of those programmed in the budget request.

FEDERAL PRISONER DETENTION

Appropriations, 2001 ............................................................................. $596,088,000

Budget estimate, 2002 ........................................................................... 724,682,000

Committee recommendation ................................................................. 724,682,000
25

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. This is usually before and during

trial and while awaiting transfer to Federal institutions after conviction.

The Committee recommends an appropriation of $724,682,000.

The recommendation is identical to the budget request. The

amount provided will fund approximately 10,603,381 jail days, an

11 percent increase over fiscal year 2001, or an average daily detainee population of 29,050.

FEES AND EXPENSES OF WITNESSES

Appropriations, 2001 ............................................................................. $125,573,000

Budget estimate, 2002 ........................................................................... 156,145,000

Committee recommendation ................................................................. 156,145,000

This account 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. These funds

are also used for mental competency examinations as well as witness and informant protection.

The Committee recommends an appropriation of $156,145,000.

The recommendation is identical to the budget request.

COMMUNITY RELATIONS SERVICE

Appropriations, 2001 ............................................................................. $8,456,000

Budget estimate, 2002 ........................................................................... 9,269,000

Committee recommendation ................................................................. 9,269,000

The Community Relations Service [CRS] provides assistance to

communities and persons in the prevention and resolution of disagreements relating to perceived discriminatory practices.

The Committee recommends an appropriation of $9,269,000. The

recommendation is identical to the budget request.

ASSETS FORFEITURE FUND

Appropriations, 2001 ............................................................................. $22,949,000

Budget estimate, 2002 ........................................................................... 22,949,000

Committee recommendation ................................................................. 22,949,000

The Committee recommends an appropriation of $22,949,000.

The recommendation is identical to the budget request. This account provides funds to supplement existing resources to cover additional investigative expenses of the FBI, DEA, INS, and U.S.

Marshals, such as awards for information, purchase of evidence,

equipping of conveyances, and investigative expenses leading to

seizure. Funds for these activities are provided from receipts deposited in the assets forfeiture fund resulting from the forfeiture of assets. Expenses related to the management and disposal of assets

are also provided from the assets forfeiture fund by a permanent

indefinite appropriation.
26

RADIATION EXPOSURE COMPENSATION

ADMINISTRATIVE EXPENSES

Appropriations, 2001 ............................................................................. $1,996,000

Budget estimate, 2002 ........................................................................... 1,996,000

Committee recommendation ................................................................. 1,996,000

The Committee recommends an appropriation of $1,996,000. The

recommendation is identical to the budget request. 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 the Radiation Exposure Compensation Act of 1990.

PAYMENT TO THE RADIATION EXPOSURE COMPENSATION TRUST FUND

Appropriations, 2001 ............................................................................. $10,776,000

Budget estimate, 2002 ........................................................................... 10,776,000

Committee recommendation ................................................................. 10,776,000

The Committee recommends an appropriation of $10,776,000.

The recommendation is identical to the budget request. This account funds payments to approved claimants under the Radiation

Exposure Compensation Act of 1990. The Committee recommendation does not include additional funding to administer or pay

claims under the expansion of the Radiation Exposure Compensation Act as provided for by Public Law 106–245. The Committee is

concerned that a substantial unfunded requirement and a delay in

the payment of claims to those qualified individuals as provided for

by the original statute will result.

INTERAGENCY LAW ENFORCEMENT

INTERAGENCY CRIME AND DRUG ENFORCEMENT

Appropriations, 2001 ............................................................................. $325,181,000

Budget estimate, 2002 ........................................................................... 338,106,000

Committee recommendation ................................................................. 336,966,000

The Interagency Crime and Drug Enforcement Program, through

its 9 regional task forces, utilizes the combined resources and expertise of its 11 member Federal agencies, in cooperation with

State and local investigators and prosecutors, to target and disband

major narcotics trafficking and money laundering organizations.

The Committee recommends an appropriation of $336,966,000 as

distributed in the following table. The recommendation is

$1,140,000 below the budget request.

REIMBURSEMENTS BY AGENCY

[Amounts in dollars]

FTE Amount

Drug Enforcement Administration .................................................................. ........................ $110,909

Federal Bureau of Investigation .................................................................... ........................ 115,335

Immigration and Naturalization Service ........................................................ ........................ 16,190

U.S. Marshals Service .................................................................................... ........................ 2,049

U.S. Attorneys ................................................................................................. ........................ 88,552

Criminal Division ............................................................................................ ........................ 1,086

Tax Division .................................................................................................... ........................ 1,120
27

REIMBURSEMENTS BY AGENCY—Continued

[Amounts in dollars]

FTE Amount

Administrative Office ..................................................................................... ........................ 1,725

Total .................................................................................................. ........................ 336,966

The Committee notes that the Immigration and Naturalization

Service [INS] has the largest budget of the Justice Department

components. Also, the General Accounting Office found that INS

agents were not doing task force work but claiming reimbursable

funds in Los Angeles from this account. The INS is directed to

match at least 25 percent of each reimbursable dollar from their direct appropriation on Organized Crime and Drug Enforcement

Task Force cases before they can be reimbursed from this account.

FEDERAL BUREAU OF INVESTIGATION

SALARIES AND EXPENSES

Appropriations, 2001 ............................................................................. $3,228,482,000

Budget estimate, 2002 ........................................................................... 3,505,859,000

Committee recommendation ................................................................. 3,425,041,000

The Committee recommends an appropriation of $3,425,041,000. The recommendation is $80,818,000 below the budget request. The

recommendation fully funds adjustments to base.

Budget structure.—For the past several years, the Committee has

remarked on the Justice Department’s inability to respond swiftly

to changing patterns of crime. In the case of the FBI, the very

structure of its budget hinders the Bureau’s ability to react to

emerging criminal trends. Current decision units also do little to

protect the Director’s strategic priorities, ease management of high

risk programs, or provide the transparency necessary for effective

Congressional oversight. Therefore, the Committee recommendation restructures the FBI budget.

The new structure focuses FBI resources on Tier 1 missions by

creating three new decision units: ‘‘National Security’’,

‘‘Counterterrorism’’, and ‘‘Cyber-Investigations and Infrastructure

Protection’’. These activities will define the FBI in the 21st century.

In particular, the proposed ‘‘Cyber-Investigations and Infrastructure Protection’’ decision unit, with base funding of $101,429,000,

consolidates the funding of a number of mutually-supportive initiatives that had been scattered across existing decision units, such

as the National Infrastructure Protection Center, including the

Special Applications and Technology Unit, computer intrusion

squads, Computer Analysis Response Teams, Internet fraud

squads, the Internet Fraud Complaint and Intellectual Property

Rights Centers, ‘‘Innocent Images’’, and the new Cyber Technology

Section of the Engineering Research Facility.

Conversely, two current decision units, ‘‘Training, Recruitment,

and Applicant’’ and ‘‘Management and Administration’’, have been

abolished or severely circumscribed. These decision units cross-cut

all others, creating an artificial separation between these functions

and the activities of which they were ultimately a part. This un-
28

duly complicated management’s ability to rapidly transfer resources within and between decision units in response to changing

circumstances.

Similarly, the current ‘‘Organized Criminal Enterprises’’, ‘‘White

Collar Crime’’, and ‘‘Violent Crime’’ decision units have been collapsed into one, ‘‘Criminal Enterprises and Federal Crimes’’, to

allow the Bureau to rapidly shift resources between Tier 1, 2, and

3 priorities as circumstances warrant.

Finally, ‘‘Law Enforcement Support’’ has been reorganized into

three decision units, ‘‘Forensic, Training, and Investigative Assistance’’, with base funding of $318,090,000, ‘‘Investigative and Information Technology’’, with base funding of $247,053,000, and ‘‘Criminal Justice Services’’, with base funding of $212,366,000, to

sharpen mission focus, improve support to the field, and maintain

technical superiority.

The Committee believes that the new budget structure will significantly enhance FBI performance.

Re-engineering the workforce.—The FBI is steadily moving from

a manpower-intensive to an information-intensive approach to

crime fighting, a trend the Committee applauds. This year, for example, the FBI hopes to add 33 specialists to its rolls, including

technically-trained agents and support staff and electronics engineers and technicians. Though resource and manpower constraints

will force this shift in the skill sets of Bureau employees to move

at an evolutionary rather than revolutionary pace, a necessarily

measured approach will allow the Committee to provide the training and equipment required to support an increasingly sophisticated workforce. The FBI may convert up to 33 special agent and

general support positions into the technical positions described

above using attrition to affect the desired change in staff mix. In

particular, the Committee recommends culling slots opened by retirements at Resident Agent offices, the least focused of the FBI’s

operations. The Committee recommendation includes an increase of

$2,000,000 to expand and improve training for Technically Trained

Agents and Electronic Technicians. The funds provided include up

to 4 training personnel. This amount should be treated as a permanent increase to the base.

Training.—Presently, Computer Analysis Response Team

[CART] examiners participate in every aspect of cybercrime investigations, including evidence seizure, imaging and duplication, examination and evidence review. This is a poor use of a precious

asset. CART examiners, special skills are best applied to examinations, the probing of hard drives for evidence, and more complex

seizures, imaging, and duplication. The Committee is aware of a

training initiative that would broaden the skills and responsibilities of FBI technicians and case agents to include computer seizures, imaging and duplication, and evidence review. This training

would significantly enhance the efficiency and effectiveness of examiners, technicians, and agents. The training has the added benefit of establishing the outlines of a cybercrime career track for

computer proficient agents and technicians. The Committee recommendation includes $769,000 for this initiative.

Evidence Response Teams.—The Committee is aware that Evidence Response Teams [ERTs] are badly in need of basic evidence
29

gathering supplies such as ‘‘lift kits’’ for fingerprinting, non-static

bags for seized electronics, and special photographic equipment for

documenting crime scenes. ERTs also lack the most rudimentary

training aids. The Committee recommendation includes a total of

$1,392,000 for ERT evidence collection and training supplies. This

amount should be treated as a permanent increase to the base.

Improving intercept capabilities.—The FBI is proposing a multipronged approach to improving intercept capabilities. Initiatives include: (1) enhancing the transmission, monitoring, and minimization of intercepted data, (2) developing broadband capabilities, and

(3) procuring prototypes capable of intercepting transmissions outside of the FBI’s technical reach. The Committee recommendation

includes $6,800,000 to improve intercept capabilities.

Counter-encryption.—The increasing sophistication and availability of encrypted software is allowing criminals to establish secure communications networks impervious to law enforcement penetration. As with interception capabilities, the FBI is proposing a

multi-pronged approach to counter-encryption. Initiatives include:

(1) analysis/exploitation of systems to allow access to data preencryption, (2) recognition/decryption of data hidden in plain sight,

and (3) decryption of encrypted data. The Committee recommendation includes an increase of $7,000,000 for counter-encryption.

Counterintelligence.—The FBI has been deeply traumatized by

Robert Hanssen’s treachery. However, Hanssen’s long success as a

spy seems to have had more to do with a peculiar, and hopefully

unique, personality and less to do with a lack of diligence on the

part of the Bureau in keeping tabs on known or suspected foreign

agents. Still, the FBI is seeking to increase counterintelligence

staffing by almost 200 personnel in fiscal year 2002. This request

may have more to do with the natural desire to appear to be reacting to a disaster than with a sober assessment of the strengths and

weaknesses of the current counterintelligence program. While it is

not clear what benefits will accrue from a sharp increase in manning, the Committee is prepared, for the moment, to defer to the

judgement of the Bureau. Within existing resource and manpower

ceilings, the FBI may transfer up to 182 special agents and support

staff from ‘‘tier 3’’ duties to counterintelligence operations. As with

the shift to technically proficient staff, the Committee recommends

culling manpower from Resident Agent offices.

Surveillance.—The FBI uses small planes for the discreet surveillance of individuals or locations of interest. Pilots flying in support

of Washington Field Office [WFO] operations are having difficulty

deconflicting their flight plans from the increasingly busy air traffic

pattern around Washington due to the ceiling limitations of the aircraft currently available to the WFO. A similar problem in New

York City was solved by the acquisition of aircraft capable of operating up to 10,000 feet. The Committee recommendation includes

$4,000,000 for an aircraft of the same class as purchased for New

York with the appropriate surveillance and communications packages.

Jewelry and gem program.—The Committee is aware of the FBI’s

highly successful efforts through the ‘‘Criminal Enterprises and

Federal Crimes’’-run Jewelry and Gem Program to combat robberies of jewelry vendors, committed largely by violent gangs from
30

South America. Major arrests have been made, several gangs have

been interdicted, and the number of these serious crimes has been

reduced. The Committee encourages the FBI to continue to devote

the necessary resources to disrupting these criminal enterprises.

2002 Winter Olympic Games.—The Committee is aware that the

Secret Service has requested the assistance of the FBI in support

of the Salt Lake City Olympics. The Committee recommendation

includes $12,302,000 for travel, per diem, overtime, lease of vehicles, telecommunications, and utilities in support of the 2002

Games. The entire amount is to be derived from the Working Capital Fund.

Regional computer forensic labs.—The Committee recommendation includes $7,202,000 under the Office of Justice Programs to

maintain or establish 4 regional computer forensic labs in affiliation with the FBI Laboratory. The labs will analyze the hard

drives of seized computers for evidentiary material. Affiliation with

the FBI Laboratory ensures that uniform standards and procedures

are maintained by all of the participating computer forensic laboratories.

National Infrastructure Protection Center.—The Committee is

aware that the FBI is under intense pressure from the business

community to police the Internet. Yet, at the same time that businesses are demanding action, they appear to be doing little to protect themselves. The Committee notes that the National Infrastructure Protection Center [NIPC] has issued two public warnings encouraging industry to implement no- or low-cost ‘‘patches’’ to fix

long-documented vulnerabilities in popular business software. Failure to take basic steps to ensure their own security resulted in a

large number of Web sites being victimized by Russian and Eastern

European hackers who stole credit card numbers as part of an extortion scheme. An FBI agent likened the computer attacks to a

rash of burglaries in a neighborhood where no one locks their

doors. Federal resolve and resources will be difficult to muster and

sustain if the simplest precautions are left undone by private industry. The Committee also questions the motives of computer security experts whose complaints about NIPC warnings would turn

a virtue into a vice.

Internet fraud/copyright enforcement.—The squads responsible

for Internet fraud, copyright enforcement, and other cybercrimes in

the former White Collar Crime decision unit have been living on

hand me downs since National Infrastructure Protection Center

computer intrusion squads were spun off as a separate activity.

The financial losses attributable to consumer swindles and the

pirating of software are such that the proper funding of Internet

fraud and copyright enforcement squads is imperative. The Committee recommendation includes $4,000,000 for computers and associated equipment for these squads. This increase should be

annualized to ensure a technology refreshment cycle in keeping

with industry advances.

The Committee is aware that the FBI has launched an initiative

to investigate violations of Federal copyright laws protecting certain marketed software applications. The Committee supports FBI

efforts to vigorously pursue violations of Federal copyright law. The

FBI shall report to the Committee not later than June 30, 2002 on
31

the number of copyright law investigations that led to prosecutions

in the preceding year, including those under Public Law 105–147,

by type and location.

Trilogy.—Trilogy is the FBI’s current computer modernization

program. After two false starts, a new management team was specifically recruited to save the FBI’s computer modernization effort

from total disaster. The result, Trilogy, appears to address cost and

capability concerns raised in the past by the Committee. In particular, the Committee is pleased to note that analytical tools are

being provided to agents far earlier than would have been the case

in the failed ISI and eFBI proposals. The Committee recommendation includes a total of $142,390,000 for Trilogy, including

$67,660,000 derived from the Working Capital Fund.

Serial rapists.—The Violent Criminal Apprehension Program

[ViCAP] has proven valuable in pursuing serial killers by fusing

evidence across cases and jurisdictions. The Committee believes

that expanding ViCAP to include sexual assault cases would greatly improve the ability of law enforcement at all levels to identify,

capture, and prosecute serial rapists. Therefore, the Committee recommendation includes $1,005,000 under the Office of Justice Programs to expand ViCAP to include rape cases.

Laboratory activation.—The FBI laboratory will be ready for occupation in June 2002. The new facility will allow the Lab to meet

American Society of Crime Laboratory Directors [ASCLD] and

International Standards Organization [ISO] 9000 quality control/

quality assurance standards. Unfortunately, after investing

$130,000,000 in the new building, the FBI lacks the funds to fully

outfit the Lab with essential equipment. The Committee sees little

sense in opening an ill-equipped facility. Therefore, the Committee

recommendation includes $50,737,000 for lab activation, including

$24,837,000 for critical equipment, and $11,765,000 for moving

costs, fit out, and building services personnel. The remaining

$14,135,000 is provided to decommission and renovate former Lab

space in the Hoover building.

Forensic research.—The Committee is aware that the FBI Laboratory has a long list of unfunded research projects, including proposals for new techniques to detect: (1) date rape drugs or metabolites in the bloodstream, (2) latent fingerprints left by children, and

(3) gunshot residues on shooters’ hands and other surfaces. The

Committee recommendation includes $12,200,000 to fund the highest priority forensic research proposals submitted to the Committee

on April 30, 2001. The FBI shall report back to the Committees on

Appropriations on its final spending plan for these resources not

later than February 1, 2002.

Forensic audio/video program.—The explosion of digital audio

and video recording formats has taxed the FBI’s forensic capabilities to the extreme. At the same time, the FBI must maintain its

capability to analyze recordings from older analog devices. The

Committee recommendation includes an increase of $608,000 over

fiscal year 2001 for forensic audio/video specialists and equipment.

The increase should be treated as a permanent increase to the

base.

National Instant Criminal Background Check System.—The National Instant Criminal Background Check System [NICS] is the
32

immediate source of information for Federal firearms licensees

seeking to determine whether a given individual’s purchase of a

firearm would violate Federal or State law. The Committee recommendation provides $67,735,000, the full amount required for

NICS, from within available resources and manpower ceilings.

Mitochondrial DNA.—The Committee recommendation includes

$4,000,000 under the Office of Justice Programs to maintain or establish 4 regional mitochondrial DNA [mtDNA] forensic labs in affiliation with the FBI Laboratory. The labs will analyze mtDNA

from human remains or other evidence to assist law enforcement

in the identification of missing persons or perpetrators. Affiliation

with the FBI Laboratory ensures that uniform standards and procedures are maintained by all of the participating laboratories

doing mtDNA analysis. The recommendation also includes

$484,000 in this account for the biologists and other highly specialized personnel required by the lab to oversee regional mtDNA labs.

Crimes against children.—The Committee recommendation includes not less than $5,204,000 to maintain the FBI’s capabilities

to combat child abductions and serial killings. Within this amount,

at least $3,439,000 is for: (1) the child abduction and serial killer

unit, (2) a police fellows program for training local investigators,

and (3) training for State and local law enforcement. Additionally,

at least $1,765,000 is recommended to enhance the staffing of the

Violent Criminal Apprehension Program to provide more timely assistance to State and local law enforcement requesting case analysis services.

Jurisdiction.—Statistics collected by Syracuse University indicate

that FBI drug convictions climbed sharply—69 percent—between

1992 and 1998. In 1998, FBI drug convictions represented 25.6 percent of total Bureau convictions. Narcotics are a ‘‘tier 2’’ priority in

the FBI’s strategic plan. Also, drugs are a classic example of overlapping jurisdictions, involving the FBI, the Drug Enforcement Administration [DEA], and State and local police forces. The Committee is concerned that narcotics investigations are draining resources from higher priority counter-espionage and counter-terrorism missions. Therefore, the FBI is directed to report on: (1) its

role in the nation’s current overall strategy for combating drug

trafficking, (2) opportunities for shifting the narcotics burden to the

DEA and others, and (3) priority investigative initiatives that

would benefit from resources freed up by the diminishment of the

Bureau’s role in drug cases. The report shall be delivered not later

than April 1, 2002.

End strength.—The Committee notes that the fiscal year 2002

budget request imposed on the FBI includes a substantial number

of ‘‘hollow’’ work years. The FBI has endured 2 very disruptive

years attempting to reconcile its actual budget with artificial manpower levels. The Committee directs the Bureau to strike all of the

hollow work years from its books to avoid another year of budget

shortfalls. The FBI shall report back to the Committees on Appropriations on its adjusted end strength not later than November 1,

2001.
33

CONSTRUCTION

Appropriations, 2001 ............................................................................. $16,650,000

Budget estimate, 2002 ........................................................................... 1,250,000

Committee recommendation ................................................................. 44,074,000

The Committee recommends an appropriation of $44,074,000.

The recommendation is $42,824,000 above the budget request.

Engineering Research Facility.—Well-heeled criminals, foreign

agents, and terrorists have been quick to exploit technological innovations, complicating Bureau investigations. The Engineering Research Facility [ERF] develops and fields cutting edge technology

in support of case agents. The rapid pace of progress has necessitated an equally rapid expansion of ERF programs simply to keep

current with industry advances. The resultant cramped conditions

at the facility have forced employees into leased space and is slowing critical projects due to a lack of room for new equipment. For

several years, the FBI has been pursuing funds for the construction

of an ERF annex. The annex would: (1) allow the FBI to consolidate far-flung cybercrime assets at the ERF, (2) accommodate

planned growth, and (3) improve security by allowing programs of

differing sensitivities to be physically separated. Therefore, the

Committee recommendation provides $32,541,000 for planning, site

preparation, design, and construction of the ERF annex. The FBI

may use prior year recoveries or unobligated balances to pay for

short-term leased space in order to alleviate overcrowding at the

ERF until the new annex opens. In addition, the recommendation

includes $10,283,000 to refurbish the existing ERF facility.

DRUG ENFORCEMENT ADMINISTRATION

SALARIES AND EXPENSES

Appropriations, 2001 ............................................................................. $1,360,126,000

Budget estimate, 2002 ........................................................................... 1,480,929,000

Committee recommendation ................................................................. 1,489,779,000

The Committee recommends an appropriation of $1,489,779,000.

The recommendation is $8,850,000 above the budget request.

The Committee is very concerned that our efforts in the drug

war, while producing periodic headlines, are not effectively ebbing

the flow of a growing supply of illicit drugs into the United States.

The major drug targets the DEA is able to bring to justice in the

United States are quickly replaced by others who continue their

criminal enterprises using increasingly sophisticated clandestine

methods.

There appears to be an inexhaustible number of people who are

willing to take the risk of participating in the drug trade because

of the enormously high monetary rewards. With that, small victories appear the best we can hope for in this war funded by U.S.

taxpayers at a collective cost of over $40,000,000,000 annually.

While total victory in the drug war is unattainable at this time,

the Committee is aware that many DEA programs have been very

effective in stopping some of the drug supply. The recommendation

attempts to focus resources on activities that have been the most

successful and cost effective.
34

Special Operations Division [SOD]/Communications Intercept.—

The SOD’s mission is to establish strategies and operations between law enforcement agencies aimed at dismantling national and

international drug trafficking organizations by attacking their communications systems. The Committee is pleased that the SOD assigned agents are actively working to coordinate and share information with other Federal law enforcement agencies. The Committee recommends: an additional three positions and $6,428,000 to

fund contract and in-house language translation/transcription services; $4,382,000 for communications and data intercept equipment,

and 46 support positions; and $3,196,000 associated with SOD and

the field. These additional resources will directly benefit investigations targeting organizations bringing drugs into the United States

through the Southwest Border from Europe, Asia, Latin America

and the Caribbean.

Computer Forensics.—The DEA’s computer forensic’s capability is

wholly inadequate measured against the number of computers

seized by agents from criminals involved in drug related crime. The

number of computers needing analysis is increasing 30 percent per

year and backlogs in this area currently run from 10 to 12 workyears. To address this problem the Committee provides an additional $1,700,000 (20 FTE’s). This funding should be used to hire

computer forensic examiners and purchase related equipment for

the Office of Investigative Technology.

Computer Training.—The Committee commends the DEA for

working cooperatively with other Justice components and providing

needed computer and computer forensic training at the DEA Office

of Investigative Technology.

Joint Automated Booking System [JABS].—The Committee supports the leadership role DEA has taken with the JABS program.

When fully operational the Committee believes that JABS will be

a tremendous resource to all Federal law enforcement agencies.

The Committee encourages DEA to continue to work with the other

Justice and non-justice law enforcement agencies to train individuals on its use and to facilitate its expansion.

Methamphetamine Initiative.—The recommendation includes

$32,854,000, a $5,395,000 increase over fiscal year 2001, to continue DEA’s efforts of targeting and investigating methamphetamine trafficking, production, and abuse across the United States.

The funding will allow DEA to continue investigations and stop

methamphetamine traffickers; maintain the national clandestine

laboratory data base; reduce the availability of precursor chemicals

being diverted to clandestine laboratories in the United States and

abroad; clean-up the hazardous waste generated by seized clandestine laboratories; and coordinate with the agency’s Special Operation’s Division. The Committee directs DEA to submit quarterly

spending reports on methamphetamine initiatives to the Committees on Appropriations beginning January 1, 2002.

The Committee notes that $20,000,000 is provided through the

COPS Methamphetamine/Drug ‘‘Hot Spots’’ Program to reimburse

the DEA for the costs associated with assisting State and local law

enforcement remove and dispose of the hazardous materials at

clandestine methamphetamine labs.
35

Heroin Enforcement Operations.—In hearings before the Committee, the DEA Administrator testified in detail about the flood of

heroin entering the country as close to the Capitol as the Port of

Baltimore. The re-emergence of the use of heroin by teenagers parallels the dramatic increase in the purity of heroin at very low

prices. To address this challenge, the Committee encourages DEA

to continue its heroin enforcement efforts within available resources and staffing levels.

Oxycontin and MDMA.—Two drugs that have recently emerged

as a growing concern to the Committee are Oxycontin and 3, 4-

Methylenedioxymethamphetamine [MDMA]. Oxycontin, a legallyprescribed controlled substance, is being diverted from the legal

market into illegal use. MDMA, a drug with no legally-authorized

use, is fast becoming a drug of choice at rave parties and other

youth venues. Both drugs have managed to avoid much of the stigma that they deserve, and too many young people are under the

false impression that these drugs may be used without harmful effects. The Committee strongly supports DEA’s efforts to control the

illegal diversion of Oxycontin, and to dismantle the organizations

that import and distribute MDMA to the nation’s young people.

Regional Drug Enforcement Teams [RET].—The Committee recommends a total of $19,100,000 for DEA RET teams. RET team deployments have proven to be very successful at dismantling drug

trafficking organizations in targeted areas at a very low cost per

operation. RET teams are currently stationed in selected regions in

the United States and have been given the flexibility to deploy

agent resources and assets to meet emerging drug trends, specifically in our Nation’s smaller cities. The teams direct their efforts

toward combating specific drug problems as identified by intelligence sources and leads provided by DEA’s Special Operations Division.

Mobile Enforcement Teams [MET].—The Committee recommends

$9,200,000 to continue the DEA MET team program. MET teams

operate in communities at the request of local officials and since

1995 have targeted and dismantled drug trafficking organizations

across the United States. The Committee believes that the DEA

should increasingly focus personnel and resources on operations

which target drug related crime and drug trafficking organizations

within the United States.

Firebird/Merlin.—An additional $30,000,000 and three positions

is provided for the deployment, network security, and the technology renewal of DEA’s Firebird computer system. The recommendation includes a total of $2,500,000 for Firebird Deployment, and $1,900,000 for network security. Finally, for technology

renewal $25,600,000 and three positions is provided to modernize

and replace systems and system components as they become obsolete. With this funding, Firebird will be fully deployed and Firebird

will provide all DEA domestic and international offices with an integrated information sharing and communications computer network.

Laboratory Operations.—Timely and effective laboratory support

is critical to law enforcement. DEA’s laboratory program is currently suffering from a backlog of evidence where processing time

averages almost 50 days, potentially jeopardizing the investigation
36

and prosecution of critical drug cases. To address this backlog, the

Committee recommendation provides an increase of $13,104,000

over fiscal year 2001 for DEA laboratory operations, to manage the

agency’s increased laboratory workload, address deficient areas in

the agency’s laboratory system, and to institute a 5-year laboratory

equipment replacement cycle.

Sensitive Investigative Units [SIU].—The Committee recommends

a total of $20,000,000 for the SIU program. The Committee is encouraged by the successes of the SIU program in participating

countries. Last year, the Committee noted concerns that the endemic corruption within the Mexican Government would make the

implementation of the SIU program there unattainable. The Committee is encouraged by recent changes brought on by Mexico’s new

President, Vicente Fox, who has pledged to combat drug traffickers

and end corruption within the Mexican Government. The Committee therefore recommends DEA deploy its SIU’s in Mexico as

planned. The DEA is reminded that the Committees on Appropriations are to be notified before this program is expanded to include

additional countries.

Helicopters and other equipment.—The committee recommendation includes $5,250,000 for three single engine light enforcement

helicopters to be stationed in Seattle, WA, Chicago, IL, and St.

Louis, MO, and $5,000,000 for one twin engine medium lift helicopter to meet the needs of enforcement efforts in Hawaii. In addition, the DEA shall provide $500,000 to equip and maintain the

Federal gun range in Rocky Flats, Colorado for use by Federal,

State, and local law enforcement.

Management and Administration.—The Committee is encouraged

by changes made in the personnel and authority of DEA’s Financial

Management Division. DEA’s expertise in financial management

has improved drastically, as demonstrated through the quality and

timeliness of budget justifications, follow-up information, and the

ability of DEA financial managers to provide detailed accounting of

reprogramming actions and other basic financial information.

‘‘Drug Diversion Control Fee’’ Account.—The Committee has provided $86,021,000 for DEA’s Drug Diversion Control Program. This

is the full amount requested, and 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 fiscal year

2001, no funds are provided in the DEA ‘‘Salaries and expenses’’

appropriation for the ‘‘Diversion control fee account’’ in fiscal year

2002.

End strength.—The Committee notes that the fiscal year 2002

budget request includes a substantial number of ‘‘hollow’’ work

years. The Committee is disappointed that the DEA forwent two

opportunities to correct this problem during the development of the

fiscal year 2002 budget submission in the hopes that additional

funds might miraculously be made available. No such funds have

been, or will be, made available. The Committee directs the DEA

to strike all of the hollow work years from its books to avoid another year of budget shortfalls. The DEA shall report back to the

Committees on Appropriations on its adjusted work years not later

than November 1, 2001.
37

IMMIGRATION AND NATURALIZATION SERVICE

(INCLUDING OFFSETTING FEE COLLECTIONS)

SALARIES AND EXPENSES

Appropriations, 2001 ............................................................................. $3,118,999,000

Budget estimate, 2002 ........................................................................... 3,388,001,000

Committee recommendation ................................................................. 3,176,037,000

The Committee recommends an appropriation of $3,176,037,000.

The recommendation is $211,964,000 below the budget request.

Land border inspectors.—Long lines and the most cursory of inspections describe the current situation at land border ports of

entry [POEs]. The reason for this is that for years all available resources have been diverted to the Border Patrol to increase the

number of agents deployed. The result is that from fiscal year 1997

to 2001 the number of Border Patrol agents increased 40 percent

from 6,828 to 9,545. At the same time, the number of land border

inspectors decreased slightly from 1,770 to 1,767. Today, of 104

POEs, 85, or 82 percent, are manned at 50 percent or less of workload requirements. The most understaffed, Beebe Plain, VT, is

manned at 10 percent of requirements. The following chart highlights current staff shortfalls:

LAND BORDER PORTS OF ENTRY STAFFING REQUIREMENTS

Location

Workload requirement

(No. personnel)

Current staffing (on-board

12/28/00)

Understaffing

(No. personnel)

Staffing as

percentage of

workload

Beebe Plain, VT, POE ............................................ 10 1 9 10.0

Raymond, MT POE ................................................ 8 1 7 12.5

Detroit Bridge/Tunnel, MI POE .............................. 174 23 151 13.2

Warroad, MN/Dunseith, ND POEs ......................... 7 1 6 14.3

Fortuna, Northgate, and Sherwood, ND POEs ...... 6 1 5 16.7

Alcan and Poker Creek, AK POEs ......................... 12 2 10 16.7

Coburn Gore, ME POE ........................................... 12 2 10 16.7

Trade and tourism are suffering on both borders as a result of

inadequate staffing at land POEs. The handful of inspectors the

Committee was able to fund last year will have no appreciable effect on current shortfalls. Therefore, the Committee recommendation includes $25,408,000 for 348 land border inspectors to begin

the long process of aligning manning with workload requirements.

New inspectors shall be deployed to the most understaffed POEs.

Border control.—As a recent INS report makes clear, overcrowding at Border Patrol facilities on the Southwest border has

reached crisis proportions. Of 85 outposts across 9 sectors, 63 are

overcrowded. The worst, a station in Mercedes, Texas, was designed for 13 agents but currently houses 142, almost 1,100 percent

its rated capacity.

The chart below highlights the current situation:
38

BORDER PATROL FACILITY REQUIREMENTS

Location

Facility capacity

(No. personnel)

Current staffing (on-board

2/10/01)

Overstaffing

(No. personnel)

Overstaffing

as percentage

of capacity

Mercedes, TX STN ................................................. 13 142 129 1,092

Laredo del Mar, TX STN ........................................ 36 357 321 992

Kingsville, TX STN ................................................. 9 97 88 978

Tucson, AZ STN ..................................................... 17 161 144 947

Falfurrias, TX STN ................................................. 11 92 81 836

Laredo South, TX STN ........................................... 29 234 205 807

Hebbronville, TX STN ............................................ 11 86 75 782

This situation will only worsen as new Border Patrol agents

funded in fiscal year 2001 arrive at their duty stations on the

Southwest border. From San Diego to Brownsville, detention, processing, interview, and evidence and equipment storage space fall

far short of requirements. The risks to the safety of agents are

stark, and appalling work conditions exacerbate the Border Patrol’s

soaring attrition rate. The Committee recommendation addresses

this problem in the INS ‘‘Construction’’ account.

In addition, the Committee recommendation provides

$75,000,000 for 570 new Border Patrol agents.

Border Patrol equipment.—The effectiveness of the Border Patrol

has been threatened by crippling shortfalls in basic equipment inventories. More importantly, agent safety has been at risk. The

chart below summarizes the current situation after several years of

Committee intervention to ensure that Border Patrol agents are

properly equipped:

BORDER PATROL EQUIPMENT REQUIREMENTS

Ratio per agent/sector Item Projected

total need

Present

inventory

Percentage of requirement

Inventory

required

1 per Agent ....................... Pocket scopes .............................. 9,000 6,138 68 2,862

2 per 3 Agents .................. Night vision goggles .................... 6,000 4,037 67 1,963

2 per Sector ...................... Fiber optic scopes ....................... 350 200 57 150

100 per Sector .................. Hand-held searchlights ............... 2,100 415 20 1,685

100 per Sector .................. IR scopes ..................................... 2,000 755 38 1,245

1 per Agent ....................... GPS .............................................. 9,000 1,200 13 7,800

1 per 10 Agents ................ Vehicle IR scopes ........................ 900 144 16 756

To preserve the benefits of several years of massive investments

to expand the Border Patrol, the Committee recommendation provides a total of $22,598,000 for high priority equipment, including

$1,020,000 for fiber optic scopes, $799,000 for hand-held searchlights, $708,000 for vehicle infrared scopes, $2,091,000 for Global

Positioning Systems, $9,120,000 for infrared scopes, $2,606,000 for

night vision goggles, and $6,254,000 for pocket scopes.

Integrated Surveillance Intelligence System [ISIS].—In its haste

to deploy ISIS, the INS has failed to develop the body of system

engineering documentation associated with the development, procurement, and operation of new equipment. Lacking such documentation, such basic questions as system performance versus re-
39

quirements and lifecycle costs versus outyear budgets remain unanswered. Prior to further expansion of the program, the Committee directs the INS to ensure that documents addressing customer requirements and system functionality, design, test, performance, and cost are completed and available for review. The Committee recommendation includes $4,000,000 to fully fund the system engineering process for ISIS.

The Committee recommendation also includes the following:

—$14,000,000 for Law Enforcement Support Center [LESC]; and

—Full funding for the first year of the INS vehicle replacement

master plan.

IDENT/IAFIS.—Shortcomings in the INS’ Automated Biometric

Identification System [‘‘IDENT’’] database were blamed for the release of suspected serial killer Rafael Resendez Ramirez. In the

wake of Resendez Ramirez’s later surrender, Justice Management

Division [JMD] took over development and integration of IDENT

and the FBI’s Integrated Automated Fingerprint Identification System [IAFIS]. That effort has been expanded to integrate the INS’ Enforcement Case Tracking System [‘‘ENFORCE’’] with IDENT/

IAFIS. Within existing automation base funding, the Committee

recommendation includes $27,000,000 for continued development

and piloting of IDENT/IAFIS by Justice Management Division

[JMD]. The JMD is directed to provide the Committees on Appropriations with an automation spending plan not later than November 15, 2001.

Pacific Northwest.—There are currently 300 Border Patrol

Agents assigned to patrol the entire 4,000 miles of the northern

border. In contrast, the Southwest border has nearly 8,000 agents

for 2,000 miles. This is four agents for every mile in the south compared to one agent for every 13 miles in the north. Consequently,

agents on the northern border are fourteen times more likely to encounter aliens involved with smuggling weapons and nine times

more likely to encounter aliens involved with smuggling drugs

when compared to agents along the Southwest border. Furthermore, the lack of INS inspectors at the northern border is directly

attributable to the greatly increased congestion seen at many border crossings. Therefore, of the 570 additional Border Patrol

agents, not less than 25 percent of those new agents shall be deployed to the northern border. Inspection staff at the northern border must also be increased substantially. Selections for the northern tier shall be by the competitive transfer of experienced agents

by means of the existing merit promotion and reassignment system.

Quick Response Teams.—The Committee is aware that the initial

deployment of Quick Response Teams [QRTs] has taken far longer

than anticipated, and that costs have greatly exceeded preliminary

estimates. Until the program has stablized, and its true costs and

benefits are known, the Committee will not entertain requests for

the expansion of QRTs outside of the initial deployment area.

Legal Orientation Programs.—The Committee recommends

$2,800,000 for non-governmental agencies to provide ‘‘live presentations’’ to persons in INS detention prior to their first hearing before an immigration judge. These presentations will provide immigration detainees with essential information about immigration
40

court procedures and the availability of legal remedies to assist detainees in distinguishing between meritorious cases and frivolous

cases.

Alternatives to Detention.—The Committee recommends

$7,300,000 for community-based organizations to screen asylum

seekers and other INS detainees for community ties, provide them

with necessary services, and help to assure their appearance at

court hearings.

Benefits.—Trend analysis of the most recent benefits processing

data from the INS indicates that steady progress continues to be

made in eliminating the backlog sparked by the ‘‘Citizenship USA’’ debacle. Since its peak in fiscal year 1998, the backlog of pending

naturalization (N–400) applications has dropped 68 percent in the

last 2 fiscal years. During the same period, processing times

dropped from more than 45 months to just under 7 months. Even

greater progress is expected this year. These improvements have

not come cheaply, however. During the last 5 years, the Committee

has provided $4,169,400,000 for benefits processing. Manpower increased by 1,196 between fiscal years 1997 and 2000 with more to

come in fiscal year 2001. Hopefully, the tide has turned and benefits processing performance measures will return to historical

norms, but continued pressure to expand the number of potential

beneficiaries and the scope of potential benefits could erase these

gains.

Conversely, no area of operations will be more severely disrupted

by the imminent reorganization of the INS than benefits processing. Just in the last few months, the INS has had to deal with

the revamping of the H–1B program and the continuing extension

of Temporary Protected Status to El Salvadorans, Hondurans, and

Nicaraguans. This turmoil has typified immigration policy for

many years. Now, an organization ruled by a bewildering set of

laws, regulations, and decrees and known for poor service and endless backlogs will be spun off and established as a separate agency.

The resultant confusion might be more tolerable were it not for the

fact that ultimate control of the new immigration benefits service

will be retained by Justice, an agency with little experience or expertise in providing benefits. Rather than contribute to the coming

chaos by pouring additional new employees into the mix, the Committee recommendation is limited to fully funding current services.

The Committee will be closely monitoring monthly benefits processing reports to ensure that current standards are met or exceeded after the reorganization.

Staffing levels.—The INS has failed to provide a required assessment of staffing needs nationwide. The Committee has no recourse

but to direct the reallocation of staff to offices where caseload merits personnel increases. The INS is directed to provide an increase

of $118,750 over fiscal year 2001 to the district office in Omaha,

NE, to upgrade Nashville, TN, to a full service office, and to upgrade its presence in Las Vegas, NV to a district office not later

than June 15, 2002. Finally, of the total amount provided for naturalization and other benefits, such sums as are necessary shall be

made available to open a 1-man office in Roanoke, VA.

In addition, the recommendation includes a total of $4,506,000

for the Debt Management Center [DMC].
41

End strength.—The Committee notes that the fiscal year 2002

budget request includes a substantial number of ‘‘hollow’’ work

years. The INS has endured several very disruptive years attempting to reconcile its actual budget with artificial levels of work

years. The Committee directs the INS to strike all of the hollow

work years from its books to avoid another year of budget shortfalls. The INS shall report back to the Committees on Appropriations on its adjusted work years not later than November 1, 2001.

Fees.—The recommendation transfers a total of $147,602,000 in

base activities, including data processing, legal proceedings, detention and deportation, and information and records management,

from this account to the ‘‘User Fee’’, ‘‘Examinations Fee’’, and

‘‘Breached Bond/Detention Fund’’ accounts. This transfer better

aligns available resources with actual activities and is allowable

under the statutory authorities for each of these accounts.

OFFSETTING FEE COLLECTIONS

Fees are paid by persons who are either traveling internationally

or are applying for immigration benefits. The Committee recommends a total spending level of $2,058,723,000. The recommendation is $64,782,000 above the budget request. The Committee has included language expanding the inspection fee pilot

program at land border ports of entry [POEs]. Proceeds will contribute to buying down the almost $1,000,000,000 construction

backlog at these POEs. The Committee recommendations, by major

account, are provided below:

IMMIGRATION USER FEE

The Committee recommends a spending level of $656,648,000.

This is the full amount of receipts estimated to be available and

fully funds base requirements. The recommendation is $64,782,000

above the budget request.

The Committee recommendation provides an increase of

$67,500,000 over fiscal year 2001 for additional inspectors and support staff, including those associated with detention and removals

and legal proceedings, and for airline carrier training.

Inspection technology.—The Committee is aware of commercial

off-the-shelf technology that could significantly improve the inspection process. Document and biometric scanners linked to computers

could sharply reduce both waiting times and fraudulent entries as

well as allowing inspectors to focus on problem cases. The recommendation provides a total increase of $40,500,000 to implement

a thorough modernization of inspection technology and to upgrade

the National Automated Information Lockout System ($3,200,000)

and to procure additional live scan fingerprint devices ($425,000).

Inspection processing.—As noted above, the recommendation

transfers $33,273,000 in data processing, legal proceedings, detention, and information and records management base activities from

‘‘Salaries and Expenses’’ to this account. User fees may be used for

inspection processing expenses.
42

IMMIGRATION EXAMINATIONS FEE

The Committee recommends a spending level of $1,258,088,000.

This is the full amount of receipts estimated to be available. The

recommendation is identical to the budget request.

Benefits Processing.—As mentioned above, the turmoil engendered by recent legislation and policy decisions threatens the

steady progress the INS has been making in reducing the naturalization backlog. The Committee recommendation provides an increase of $67,095,000 over fiscal year 2001 to accelerate the pace

of efforts to reduce the time required to adjudicate immigration

benefit applications.

Transfer to Executive Office for Immigration Review [EOIR].—

The recommendation assumes that $127,834,000 from this account

will be made available for EOIR operations, including $1,200,000

for contract court interpreter services for immigration court proceedings. Exam fees may be used for expenses in providing immigration adjudication.

Benefits processing.—As noted above, the recommendation transfers $74,329,000 in data processing, legal proceedings, and information and records management base activities from ‘‘Salaries and

Expenses’’ to this account. Exam fees may be used for immigration

adjudication expenses.

BREACHED BOND/DETENTION FUND

The Committee recommends a spending level of $120,763,000.

This is the full amount of receipts estimated to be available to support detention of criminal and illegal aliens. The recommendation

is identical to the budget request.

Detention expenses.—As noted above, the recommendation transfers $40,000,000 in detention and deportation base activities from

‘‘Salaries and Expenses’’ to this account. Breached bond/detention

funds may be used for expenses associated with the detention and

deportation of illegal aliens.

CONSTRUCTION

Appropriations, 2001 ............................................................................. $133,009,000

Budget estimate, 2002 ........................................................................... 128,410,000

Committee recommendation ................................................................. 205,015,000

The Committee recommends an appropriation of $205,015,000.

The recommendation is $76,605,000 above the budget request.

The Committee is concerned by the lack, or condition, of facilities

INS-wide, described as the ‘‘worst’’ in the Federal Government in

a recent assessment. The backlog of projects has reached unacceptable levels, and is growing larger with each passing year. For the

Border Patrol alone, the shortfall in adequate facilities now exceeds

63 percent of requirements. Use of trailers or temporary or makeshift facilities is common, and even these expedients leave many

new agents without a place to process arrestees. Not surprisingly,

the result is agent attrition rates that are high and climbing. The

funding proposed is intended to begin the long process of eliminating construction and maintenance backlogs.

The Committee recommendations, by project, are displayed in

the following table:
43

INS construction

[In thousands of dollars]

Committee

Recommendation

Border Patrol:

New Construction:

Douglas, AZ—Border Patrol Station ................................................ 1,993

El Centro, CA—Border Patrol Station ............................................ 2,000

Falfurrias, TX—Border Patrol Station ............................................ 2,055

Hebbronville, TX—Border Patrol Station ....................................... 1,733

Rio Grande City, TX—Border Patrol Station .................................. 583

Brownsville, TX—Border Patrol Station ......................................... 2,104

Sierra Blanca, TX—Border Patrol Station ...................................... 1,541

Campo, CA—Border Patrol Station ................................................. 6,800

Del Rio, TX—Checkpoints ................................................................ 7,566

Santa Teresa, TX—Border Patrol Station ....................................... 1,063

Yuma, AZ—Border Patrol Station ................................................... 4,000

El Paso, TX—Border Patrol Station ................................................ 10,893

McAllen, TX—Border Patrol Station ............................................... 9,664

Tucson, AZ—Sector Headquarters ................................................... 18,257

Piegan, MT—POE Housing .............................................................. 2,315

San Clemente, CA—Checkpoint ....................................................... 3,400

El Cajon, CA—Border Patrol Station .............................................. 14,273

Eagle Pass, TX—Border Patrol Station ........................................... 12,854

Port Isabel, TX—Border Patrol Station .......................................... 8,468

Subtotal .......................................................................................... 111,562

Detention:

New Construction: 1

El Centro, CA—Service Processing Center ..................................... [3,000]

Florence, AZ—Service Processing Center ....................................... [2,800]

El Paso, TX—Service Processing Center ......................................... [7,000]

Krome, FL—Service Processing Center ........................................... [14,890]

Buffalo, NY—Service Processing Center ......................................... [5,900]

Port Isabel, TX—Service Processing Center ................................... [25,910]

San Pedro, CA—Service Processing Center .................................... [3,864]

Stockton, CA—Service Processing Center ....................................... [3,160]

Subtotal .......................................................................................... [66,524]

Servicewide One-Time Build Out:

Arlington, VA—District Office ................................................................. 2,783

Atlanta, GA—District Office .................................................................... 3,254

Birmingham, AL—Satellite Office .......................................................... 202

Blaine, WA—Border Patrol Station ........................................................ 1,714

Boston, MA—District Office .................................................................... 61

Buffalo, NY—Border Patrol Station/Sector HQ ..................................... 32

Burlington, VT—Eastern Regional Office .............................................. 1,455

Champlain, NY—Port of Entry ............................................................... 489

Cherry Hill, NJ—Satellite Office ............................................................ 461

Chicago, IL—District Office/Port of Entry ............................................. 5,242

Cleveland, OH—District Office ............................................................... 681

Coos Bay, OR—Port of Entry .................................................................. 33

Crane Lake, MN—Port of Entry ............................................................. 65

Denver, CO—District Office .................................................................... 3,233

Detroit, MI—District Office/BPS/Port of Entry ..................................... 1,361

Dover, DE—Field Office ........................................................................... 143

Dutch Harbor, AK—Port of Entry .......................................................... 2,473

Fargo, ND—Satellite Office ..................................................................... 4

Fort Fairfield, ME—Port of Entry .......................................................... 310

Grand Forks, ND—Border Patrol Sector HQ ......................................... 409

Grand Rapids, MI—Border Patrol Station ............................................. 11

Harlingen, TX—District Office ................................................................ 199

Hartford, CT—Satellite Office ................................................................. 416

Havre, MT—Border Patrol Sector HQ/BPS ........................................... 406

Helena, MT—District Office .................................................................... 1,181
44

Committee

Recommendation

Indianapolis, IN—Satellite Office ........................................................... 244

Idaho Falls, ID—Satellite Office ............................................................. 417

Jackman, ME—Port of Entry .................................................................. 231

Jackson, MS—Field Office ....................................................................... 90

Jacksonville, FL—Border Patrol Station ................................................ 2

Las Vegas, NV—Satellite Office .............................................................. 513

Lewiston, ME—Port of Entry .................................................................. 50

Lincoln, NE—Service Center ................................................................... 7,320

Marathon Key, FL—Border Patrol Station ............................................ 382

Miami, FL—District Office/BPSH/BPS ................................................... 545

New Orleans, LA—District Office ........................................................... 2,463

Newark, NJ—District Office .................................................................... 626

Newburgh, NY—Satellite Office .............................................................. 502

Omaha, NE—District Office .................................................................... 1,116

Oroville, WA—Port of Entry .................................................................... 175

Philadelphia, PA—District Office ............................................................ 597

Pittsburgh, PA—Satellite Office .............................................................. 4

Poker Creek, AK—Port of Entry ............................................................. 1,100

Portal, ND—Port of Entry/Border Patrol Station .................................. 16

Port Huron, MI—Port of Entry ............................................................... 338

Portland, OR—District Office .................................................................. 2

Raymond, MT—Port of Entry .................................................................. 2

Roosville, MT—Port of Entry .................................................................. 423

Sault Ste. Marie, MI—Port of Entry ....................................................... 474

Seattle, WA—District Office .................................................................... 3,013

St. Paul, MN—District Office .................................................................. 3,841

Sweetgrass, MT—Port of Entry .............................................................. 851

Tampa, FL—Satellite Office .................................................................... 148

Thousand Islands, NY—Port of Entry .................................................... 51

Twin Falls, ID—Border Patrol Station ................................................... 11

West Palm Beach, FL—BPS/Inspections ................................................ 1,175

Yakima, WA—Satellite Office ................................................................. 1,194

Subtotal ................................................................................................. 54,534

Servicewide Maintenance, Repair, & Alteration:

Eastern Region ......................................................................................... 1,132

Central Region .......................................................................................... 7,112

Western Region ......................................................................................... 2,113

Minor Projects ........................................................................................... 19,250

Subtotal ................................................................................................. 29,627

Construction Vehicles ...................................................................................... 2,499

OSHA Compliance ........................................................................................... 3,000

Program Execution .......................................................................................... 9,292

Total, INS Construction ........................................................................... 205,015

1Funding provided elsewhere in the bill.

The Committee expects to be consulted prior to any deviation

from the above plan for fiscal year 2002.

FEDERAL PRISON SYSTEM

Appropriations, 2001 ............................................................................. $4,300,415,000

Budget estimate, 2002 ........................................................................... 4,666,139,000

Committee recommendation ................................................................. 4,689,454,000

The Committee recommends total budgetary resources of

$4,689,454,000 for the Federal prison system for fiscal year 2002.

The recommendation is $23,315,000 above the budget request.
45

SALARIES AND EXPENSES

Appropriations, 2001 ............................................................................. $3,469,172,000

Budget estimate, 2002 ........................................................................... 3,829,437,000

Committee recommendation ................................................................. 3,786,228,000

The Committee recommends total budgetary resources of $3,786,228,000 for the salaries and expenses of the Federal prison

system for fiscal year 2002. The recommendation is $43,209,000

below the budget request.

Activation of new prisons.—The Committee recommendation includes funding for activation of two new facilities (2,240 beds): a

medium security facility in Petersburg, Virginia and a high security in Lee County, Virginia. The Committee also recommends the

purchase of equipment for FCI Glenville, West Virginia and USP

Canaan, Pennsylvania which are preparing for activation.

The Committee recommendation includes funding to begin and or

complete activation of the following facilities:

Pollack, LA ............................................................................................. $405,000

Atwater, CA ............................................................................................ 1,554,000

Coleman, FL ........................................................................................... 22,430,000

Edgefield, SC .......................................................................................... 396,000

Low Security Capacity Expansions (Ft. Dix, NJ; Elkton, OH; Jesup,

GA; Yazoo City, MS; Seagoville, TX and Lompoc, CA) ................... 10,824,000

Honolulu, HI .......................................................................................... 3,323,000

Petersburg, VA ....................................................................................... 36,933,000

Lee, VA ................................................................................................... 35,819,000

Equipment Funding ............................................................................... 9,100,000

The Committee recommendation includes funding for: 1,500 beds

for short-term criminal aliens to be housed in contract facilities;

and a contract population increase of 1,449 beds.

The Committee supports the base funding adjustment of $71,991,000 for 6,000 beds for short term criminal aliens.

Justice Prisoner and Alien Transportation System.—The Committee recommends a reduction of $8,266,000 for centralization of

prisoner air movements under the Detention Trustee, in lieu of reimbursement.

Internship Pilot.—The Committee recommendation continues to

provide funding of up to $100,000 for of a pilot program that offers

temporary internship positions for college students at the Federal

Correctional Institution in Yazoo City, Mississippi, to provide the

students work experience in a law enforcement setting and a

heightened interest in a career with the Federal Bureau of Prisons.

Female inmates.—Of the amounts provided, up to $1,000,000

shall be for the National Institute of Corrections to continue to

work with correctional systems (State and Federal) to address the

issue of staff sexual misconduct involving female inmates in correctional institutions through the provision of technical assistance,

education and training, and other monitoring activities pursuant to

the recommendations of the General Accounting Office.

Yazoo City, MS.—The Committee directs the Bureau to continue

assessing the feasibility and anticipated need for the construction

of a high security prison facility in Yazoo City, MS.

Transfer of District of Columbia Sentenced Felons.—The Committee recognizes the herculean efforts of the Bureau of Prisons to

meet requirements of the DC Revitalization Act and transfer of DC

felons into custody by December 31, 2001. The Bureau of Prisons,
46

in cooperation with other agencies, has already transferred over

half of the population and is currently accepting the remaining medium and high security inmates. To date, the Committee has provided $850,000,000 for construction of new facilities to absorb this

population. One will be fully activated in 2001, one in 2002, and

the remaining five facilities in 2003 and 2004. The timely and safe

transition of inmates into the Federal system will afford appropriate inmate education and vocational programs, close supervision

and closure of the troubled Lorton facilities.

The Committee also recommends bill language, similar to that

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

purchase of motor vehicles for police-type use and the purchase of

uniforms; (2) for the provision of technical advice to foreign governments; (3) for transfer of 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 $50,000,000 for necessary prison operations

to remain available until September 30, 2003; (7) up to $20,000,000

for contract confinement expenses for the care and security of

Cuban and Haitian entrants; and (8) for continuation of the donated greeting card program.

BUILDINGS AND FACILITIES

Appropriations, 2001 ............................................................................. $833,822,000

Budget estimate, 2002 ........................................................................... 833,273,000

Committee recommendation ................................................................. 899,797,000

The Committee recommends a total of $899,797,000 for fiscal

year 2002 for the construction, modernization, maintenance, and

repair of prison and detention facilities housing Federal prisoners.

This amount is $66,524,000 above the budget request.

The Committee continues to strongly support the BOP’s construction program, designed to provide sufficient inmate beds to manage

overcrowding in facilities and maintain them in a safe and secure

manner for staff, inmates and surrounding communities. The Committee understands that the BOP needs the 11 facilities requested

in the 2002 budget and even with these facilities, overcrowding is

projected to be 32 percent in 2006. Thus, the Committee is providing $669,972,000 for the new construction program. Further, the

Committee directs the BOP to request the funds necessary to complete these facilities in the 2003 budget. The funding provided for

facilities includes:

Sentenced Capacity Projects

(In thousands of dollars)

Facilities with prior funding:

USP Western (California with Work Camp) .......................................... $147,000

USP Coleman, FL ..................................................................................... 133,000

FCI South Carolina with Work Camp .................................................... 106,000

FCI Mid-Atlantic with Work Camp ........................................................ 91,047

INS Long Term Detainee Capacity:

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

FCI Butner, NC Medium ......................................................................... 11,500
47

Sentenced Capacity Projects—Continued

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

Subtotal ................................................................................................. 630,047

Facilities with no prior funding:

Secure Female Facility Northern Florida with Work Camp ................ 10,000

Secure Female Facility North Central ................................................... 10,000

FCI South Central with Work Camp and Protective Custody Unit ..... 9,963

USP Northeast/Northern Mid-Atlantic with Work Camp and Protective Custody Unit .................................................................................. 9,962

Subtotal .............................................................................................. 39,935

INS Detention Facilities ................................................................................. 66,524

Total New Construction Program Increases ....................................... 736,496

The Committee commends the BOP for working diligently to increase inmate housing capacity by expanding existing facilities

within available funds. The Committee fully supports these cost effective efforts and expects the BOP to continue its reprogrammings

and funds transfer requests in a timely manner to expedite these

construction projects.

Inmate Telephone Use.—The Committee notes the Bureau of

Prison’s recent changes in policy limiting inmate telephone use.

The Committee expects that these changes will further reduce potential inmate abuse of telephone privileges while continuing to

allow positive contact with family members.

The Committee recommends bill language, similar to that included in previous Appropriation Acts, which allows: (1) for planning of facilities, acquisition of sites, and construction of facilities;

(2) for acquisition, remodeling, and equipping facilities by contract

or force account; (3) for up to $14,000,000 to construct inmate work

areas; (4) for use of prison labor; and (5) for up to 10 percent of

this appropriation to be transferred to the ‘‘Salaries and expenses’’

account in accordance with section 605.

FEDERAL PRISON INDUSTRIES, INC.

(LIMITATION ON ADMINISTRATIVE EXPENSES)

Appropriations, 2001 ............................................................................. $3,421,000

Budget estimate, 2002 ........................................................................... 3,429,000

Committee recommendation ................................................................. 3,429,000

This Committee recommends a limitation on administrative expenses of $3,429,000 for the Federal Prison Industries, Inc. This

amount is equal to the amount requested.

The Committee continues to strongly support Federal Prison Industries [UNICOR] and recognizes its importance in the efficient

and safe management of Federal prisons. UNICOR provides prison

inmates with the opportunity to learn important work habits, participate in meaningful employment which keeps them productively

occupied during work hours, and develop improved job skills which

reduce recidivism. The Committee also recognizes the necessity for

UNICOR to grow as the inmate population increases. Finally,

UNICOR is a self-supporting revolving fund the resources of which
48

are derived from sales of its products. In the future, the BOP is directed to submit only UNICOR’s appropriations language exhibit.

OFFICE OF JUSTICE PROGRAMS

JUSTICE ASSISTANCE

Appropriations, 2001 ............................................................................. $417,299,000

Budget estimate, 2002 ........................................................................... 407,677,000

Committee recommendation ................................................................. 564,738,000

The Committee recommends an appropriation of $564,738,000.

The recommendation is the same as the budget request.

The funding provided for justice assistance includes funds to

States for research, evaluation, statistics, information sharing,

emergency assistance, missing children assistance, counterterrorism programs, and the management and administration of

grants provided through the Office of Justice Programs.

Justice Assistance

Committee

recommendation

National Institute of Justice ................................................................. $54,879,000

Defense/law enforcement technology transfer .............................. [12,277,000]

Bureau of Justice Statistics .................................................................. 32,335,000

Missing children .................................................................................... 22,997,000

Regional information sharing system .................................................. 38,500,000

White Collar Crime Center ................................................................... 9,230,000

Total Activities to Combat Terrorism:

Management and Administration ................................................. 8,000,000

For Consortium Members .............................................................. 58,000,000

Center for Domestic Preparedness, Fort McClellan, AL ...... [30,000,000]

National Energetic Materials Research and Testing Center, New Mexico Institute of Mining and Technology ....... [7,000,000]

National Emergency Response and Rescue Training Center, Texas A&M University ................................................. [7,000,000]

National Center for Bio-Med Research and Training, Louisiana State University ....................................................... [7,000,000]

National Exercise, Test, and Training Center, Nevada Test

Site ........................................................................................ [7,000,000]

Domestic Preparedness Equipment Grants ................................. 175,000,000

Equipment Standards ............................................................. [17,000,000]

Dartmouth Institute for Security and Technology Studies ......... 18,000,000

Oklahoma City National Memorial Institute for the Prevention

of Terrorism ................................................................................. 18,000,000

Virtual Medical Campus ................................................................ 2,000,000

Domestic Preparedness Exercise Grants and Exercise Support

Funds ........................................................................................... 20,000,000

TOPOFF II ...................................................................................... 4,000,000

Annual Exercise Program .............................................................. 5,000,000

Improved Response Program (IRP) ............................................... 3,000,000

Other Training ................................................................................ 35,000,000

Technical Assistance ...................................................................... 8,000,000

Prepositioned Equipment ............................................................... 8,000,000

Web Site Pilot ................................................................................. 2,000,000

Subtotal ................................................................................ 364,000,000

Management and administration ......................................................... 42,797,000

Total justice assistance ............................................................... 564,738,000

National Institute of Justice (NIJ).—The Committee recommends

an appropriation of $54,879,000. The recommendation is equal to

the budget request. In addition, $19,956,000 will be provided to
49

NIJ in fiscal year 2002, as was provided in fiscal year 2001, from

the local law enforcement block grant for assisting local units to

identify, select, develop, modernize, and purchase new technologies

for use by law enforcement. NIJ is the Nation’s primary source of

research and development in the field of criminal justice. Within

total funding for the NIJ, the Committee directs that increased

amounts over fiscal year 2001 be made available for computerized

identification systems and the DNA Technology Research and Development Program.

The Committee is very concerned about the administration of

some NIJ grants. Grant administrators are to work with grantees

in a cooperative but supervisory manner. NIJ is directed to re-familiarize its grant administrators with the requirements of their

positions. In addition, NIJ is directed to ensure that grant recipients are in complete compliance with the agreements they sign.

Defense/law enforcement technology transfer.—Within the

amounts provided for NIJ, $12,277,000 is provided for NIJ management and operation of this program to support joint efforts by the

Justice Department and the Department of Defense to adapt defense technologies to law enforcement use, to field prototype systems for evaluation, to develop standards and test products, and to

develop technologies that will minimize the risk of death or injury

to law enforcers, corrections officers, and citizens.

In addition to the above activities, within the amounts provided,

NIJ is to provide grants for the following projects: —$500,000 for a grant for Lane County, Oregon Breaking the

Cycle; —$800,000 for the Richmond, Virginia Secures Program;

Drug Detection.—The Committee is pleased with the progress the

NIJ has made in the evaluation of a non-toxic and non-carcinogenic

reagent-based detection and identification aerosol designed to detect trace amounts of illegal drugs in school environments. Based

on this progress the Committee directs that from within the

amounts provided to NIJ, $450,000 shall be made available for an

expanded evaluation of the aerosol’s application in educational environments, a second independent evaluation assessing the technology, and the exploration of new methods of applying the aerosol

detection technology in the criminal justice system.

—$2,145,000 to the University of Connecticut to fund research on

non-traditional DNA typing to improve law enforcement investigation techniques;

—$3,000,000 to the University of Connecticut to fund the Prison

Health Research Project; and

—$1,500,000 for the Less Than Lethal Technology for Law Enforcement program.

Bureau of Justice Statistics (BJS).—The Committee recommends

an appropriation of $32,335,000. The recommendation is equal to

the budget request. The BJS 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.

Office of Victims of Crime.—The Committee urges the Office of

Victims of Crime (OVC) to continue its Victim Assistance to Indian

Country (VAIC), and Children’s Justice Act (CJA) programs. The
50

VAIC and CJA programs have been critical in ensuring that resources are available to help victims of crime in under-served tribal

areas and to prosecute offenders in child abuse and neglect cases.

Missing children.—The Committee recommendation provides $22,997,000 for the Missing Children Program to combat crimes

against children, particularly kidnaping and sexual exploitation.

Within the amounts provided the Committee has included:

(1) $9,277,544 for the Missing Children Program within the Office of Justice Programs, Justice Assistance, including the following: $5,986,800 for State and local law enforcement to continue

specialized cyberunits and for units to investigate and prevent

child sexual exploitation which are based on the protocols for conducting investigations involving the Internet and online service

providers that have been established by the Department of Justice

and the National Center for Missing and Exploited Children. (2) $11,450,000 for the National Center for Missing and Ex- ploited Children [NCMEC], of which $2,245,050 is provided for the

operation of the CyberTipline and the Exploited Child Unit. The

Committee expects the NCMEC to continue to consult with participating law enforcement agencies to ensure the curriculum, training, and programs provided are consistent with the protocols for

conducting investigations involving the Internet and online service

providers that have been established by the Department of Justice.

The CyberTipline was created by this Committee in the fiscal year

1999 appropriation for the Center. In addition, the Committee recommends that NCMEC consult with I-Safe America to provide

Internet Safety Training in grades K–12 nationwide.

(3) $2,700,000 for the Jimmy Ryce Law Enforcement Training

Center for training of State and local law enforcement officials investigating missing and exploited children cases.

Regional Information Sharing System (RISS).—The Committee

recommends an appropriation of $38,500,000. The recommendation

is equal to the budget request. The RISS program provides funds

to maintain six regionally-based information sharing centers which

allow for information and intelligence services to be disseminated

nationwide addressing major, multi-jurisdictional crimes.

Domestic Preparedness Assistance to State and Local Jurisdictions.—The Committee supports the work of the Office for State

and Local Domestic Preparedness Support (OSLDPS) the mission

of which is to enhance the capabilities of State and local jurisdictions to better prepare for and respond to incidents of domestic terrorism involving weapons of mass destruction. OSLDPS’ activities

include training and educational instruction, specialized equipment

grants, technical assistance, and support for situational exercises.

OSLDPS provides assistance in these areas to States and localities

and their emergency response agencies. OSLDPS’ successful stewardship of the critical TOPOFF exercise program last year prompted this Committee, as well as the exercise’s participants, to request

a second national exercise, TOPOFF II. The Committee commends

OSLDPS on its efforts to work with the States and the District of

Columbia to develop individual comprehensive plans and strategies

that assess the threats and risks they face and identify their requirements in the areas of equipment, training, exercises, and technical assistance. The linkage of equipment grants to States’ comple-
51

tion of their plans has provided States with the incentive to move

forward quickly with this important process. These plans will provide critical guidance to Federal agencies and the Congress on

States’ and localities’ resource requirements.

For the continuation of the programs and activities of OSLDPS, a total of $364,000,000 is recommended, of which $8,000,000 may

be used for associated management and administrative expenses,

including support for up to 63 full time equivalent (FTE) positions.

This level of support is necessary due to the requirement that

OSLDPS work directly with the States and the District of Columbia to respond to the needs identified in the comprehensive plans

they are currently developing, and to coordinate a comprehensive

exercise program.

National Domestic Preparedness Consortium.—A total of

$58,000,000 is recommended for the continued training efforts

under OSLDPS’ National Domestic Preparedness Consortium. This

funding will enable OSLDPS to address the requirements as determined by the Statewide Domestic Preparedness Strategic Plans. Of

the $58,000,000 recommended, funds shall be allocated among the

Consortium’s members as follows: (1) $7,000,000 to the Texas Engineering Extension Service of the Texas A&M University, (2)

$7,000,000 to the Energetic Materials Research and Test Center of

the New Mexico Institute of Mining and Technology, (3) $7,000,000

to the Academy of Counterterrorist Education at the Louisiana

State University, (4) $7,000,000 to the U.S. Department of Energy’s

National Exercise, Test, and Training Center, Nevada Test Site,

and (5) $30,000,000 for OSLDPS’ Center For Domestic Preparedness at Ft. McClellan, AL.

Exercises are a critical element in preparing State and local public safety personnel to respond to incidents of domestic terrorism

involving weapons of mass destruction (WMD). The Committee

supports the work of the Center for Exercise Excellence at the Department of Energy’s Nevada Test Site (NTS). NTS trains jurisdictions in the planning and conduct of exercises, tailored to the

unique threats they face as determined by the Statewide Domestic

Preparedness Strategic Plans. The Center represents a component

of OSLDPS’ overall training program by meeting special exercise

needs as defined by the States themselves.

Domestic Preparedness Equipment Grants.—A total of

$175,000,000 is provided for equipment block grants to the States

and District of Columbia to enable these jurisdictions to purchase

specialized equipment required to respond to terrorist incidents involving chemical, biological, radiological, and explosive weapons.

The availability of the necessary protective equipment, detection

technology, decontamination equipment, and specialized communications equipment for the first response personnel in our cities

and towns is a critical priority. Domestic Preparedness Equipment

Grants will allow States and localities to acquire state-of-the-art

equipment as investments in technology development bring new

and improved technologies to the market. With the guidance of

OSLDPS, States are expected to plan strategically in order to meet

their equipment needs, taking into account the necessity of the

equipment but also their ability to maintain and operate it correctly and safely. As in the past, States are required to complete
52

their Statewide Domestic Preparedness Strategic Plans before they

are eligible for these grants. States receiving domestic preparedness equipment grant funds are expected to disperse those funds

based on the comprehensive plans currently being developed.

OSLDPS is directed to review the States’ decisions regarding the

disbursement of grant funds to ensure that communities with the

greatest need receive priority.

Equipment Standards.—Within funds available for equipment grants, $17,000,000 is recommended for OSLDPS to oversee the development of standards for equipment for responding to terrorist

incidents involving weapons of mass destruction. This effort shall

take place under the direction of the DAG–CT and should include

equipment testing and certification. In developing these standards,

OSLDPS shall work closely with the Dartmouth Institute for Security Technology Studies (ISTS) and the Oklahoma City National

Memorial Institute for the Prevention of Terrorism (MIPT). The

Committee recognizes the important role that ISTS and MIPT play

in this critical area. OSLDPS is also directed to consult with first

responders, manufacturers, the Interagency Board (IAB) for Equipment Standardization and Interoperability, the Technical Support

Working Group, the National Institute of Justice, the National Institute of Standards and Technology, the Occupational Safety and

Health Administration, and the National Institute for Occupational

Safety and Health (NIOSH) as necessary.

Of those funds available for Domestic Preparedness Equipment Grants, up to $5,000,000 shall be made available for the continued

support of the Domestic Preparedness Equipment Technical Assistance Program—a partnership between OSLDPS and the Pine Bluff

Arsenal. This program provides jurisdictions with training and

technical assistance on the use, maintenance, repair, and calibration of equipment acquired under the Equipment Grant Program.

Also of the funds available for the Domestic Preparedness Equipment Grants, $8,000,000 shall be made available to the States, Territories, and the District of Columbia to support their activities related to the implementation of the State Equipment Grants Program and to develop an annual update of the status of the plan implementation.

The Committee believes that it is critical that the medical community be fully engaged in this nation’s domestic preparedness efforts. Public health sector professionals do not typically receive

training in the medical aspects of disaster management and medical incident command. These are two areas of major importance in

dealing with an attack involving weapons of mass destruction, particularly biological. Efforts in this area have, until now, been largely pro-bono. The Committee therefore provides $2,000,000 for the

Virtual Medical Campus which will provide education, training,

and certification for medical professionals for disaster-related

events and facilitate the coordination of Federal, State, and local

planners and decision makers for disaster event management.

State and Local Domestic Preparedness Exercise Grant Program.—Situational exercises play a critical role in our efforts to

better prepare State and local jurisdictions and their emergency response agencies to respond to incidents of domestic terrorism. Such

exercises provide participants an opportunity to test their training
53

and response plans, integrate their response constraints, and to extract valuable lessons for future action. A total of $12,000,000 is

provided to enable OSLDPS to provide grants to State and local jurisdictions for the planning and conduct of exercises to enhance

their response capabilities and to test their response constructs.

Grants will only be provided to States with an approved Statewide

Strategic Domestic Preparedness Plan. Priority will be given to

those jurisdictions identified by the States’ plans as most in need

of an exercise. Based on lessons learned from TOPOFF and the development of the Domestic Preparedness Strategic Plans and the

integration of the Nunn-Lugar-Domenici Domestic Preparedness

Program, OSLDPS requires a more robust exercise program.

OSLDPS must be able to plan and conduct a variety of exercise

types, from tabletop to full scale exercises, to meet the unique requirements of State and local jurisdictions. As States complete

their Domestic Preparedness Strategic Plans, they will expect

OSLDPS to assist them in addressing the exercise needs identified

by them. The Committee recommends a total of $8,000,000 for

OSLDPS for enhanced exercise support. The purpose of these funds

is to support the planning and conduct of exercises at the State and

local level.

TOPOFF II.—The Committee looks forward to TOPOFF II,

scheduled to take place by July of 2002. The purpose of the exercise

is to simulate the high pressure conditions under which top-level

government officials would have to make decisions if a terrorist incident occurred on our soil. TOPOFF gives participants at all levels

of government the opportunity to identify their weaknesses and

demonstrate and refine their strengths. TOPOFF II will be particularly useful to the Co-Coordinators for Combating Domestic Terrorism—the DAG–CT and the Deputy Director of the Federal

Emergency Management Agency—in that it will allow them to

work through a live-action, national exercise. The Committee recommends $4,000,000 for TOPOFF II.

Annual Exercise Program.—Based on the highly successful

TOPOFF exercises and on input from the State and local emergency response community, the Committee directs OSLDPS to establish an annual exercise program that will provide, in alternating

years, a Federal, State and Local (FSL) regional exercise and a national-level TOPOFF exercise. The Committee recommends a total

of $5,000,000 for this purpose. Of these funds, $2,000,000 is recommended to support the FSL regional exercise program and

$3,000,000 for costs associated with the biennial TOPOFF exercise.

The Committee recommends an additional $3,000,000 for OSLDPS

for the continuation of the Improved Response Program (IRP) formerly under the Nunn-Lugar-Domenici program. The IRP provides

technical evaluations and exercises focused on meeting high priority responder needs.

International Terrorism Exercise.—The Department of State has

unique expertise in the area of combating international terrorism,

deriving primarily from its responsibility for the safety of Americans abroad. The Committee directs OSLDPS to work closely with

the Department of State to compare contingency plans for terrorist

incidents. Further, the Committee directs the Department of Justice and Department of State to conduct a large-scale exercise on
54

international soil by January of 2004. The Departments of Justice

and State shall jointly prepare a plan for this international exercise, to be submitted to the Committees on Appropriations no later

than May 1, 2002. This plan should include a list of objectives to

be accomplished, a description of potential obstacles, a description

of sites under construction, a tentative schedule, and preliminary

cost estimates.

Other Training.—The Committee recommends a total of

$35,000,000 for the OSLDPS to meet the ongoing training needs of

State and local jurisdictions. Due to the completion of the transition of the Nunn-Lugar-Domenici Domestic Preparedness Program

to the Department of Justice, OSLDPS requires enhanced training

program capability. In the process of developing their Statewide

Domestic Preparedness Strategic Plans, States have identified a

number of new requirements and training gaps. Among these are

WMD tactical training for State and local response teams, evidence

collection and preservation, and advanced training for biological incidents. Funding provided under this heading will allow OSLDPS

to develop and deliver these crucial training programs. Within

funds available to OSLDPS for training, the Committee recommends $1,000,000 for the continuation of the State and Local

Antiterrorism Training (SLATT) program. The purpose of SLATT

is to ensure coordination of activities and to minimize the potential

for confusion and conflicting training.

Technical Assistance.—A total of $8,000,000 is recommended for

OSLDPS to provide a continuing program of technical assistance to

States, the District of Columbia, and local jurisdictions in order to

enhance their capabilities to better plan for and respond to incidents of domestic terrorism. Specific priorities should include technical assistance to the States to refine their Statewide Domestic

Preparedness Equipment Strategies and assist State and local jurisdictions in the planning and conduct of tailored local and regional exercises.

Research and development.—The Committee is aware of the

great need for sustained, creative, high-risk research, development,

testing, and evaluation (RDT&E) for equipment and concepts used

in combating terrorism. The Committee directs those Federal entities involved in the RDT&E of combating terrorism technologies to

explore telephony technology as a means of providing early warning and facilitating evacuation in the event of a terrorist attack.

The Committee directs that RDT&E programs for combating terrorism currently administered by the National Institute for Justice

be transferred to the DAG–CT. The Committee directs the DAG–

CT to report to the Committees on Appropriations on the status of

the Department’s efforts to develop a research, development, testing, and evaluation (RDT&E) system similar to the Department of

Defense System, as proposed and funded in the fiscal year 2001

Conference Report. In producing this report, the DAG–CT shall

consult with the Oklahoma City National Memorial Institute for

the Prevention of Terrorism (MIPT), the Dartmouth Institute for

Security and Technology Studies (ISTS), the Technical Support

Working Group (TSWG), and other entities responsible for research

and development of technologies to combat terrorism. This new system will be applicable to all RDT&E for combating terrorism and
55

will provide consistency and compatibility to the separate RDT&E

systems used by the various research bodies. This report should be

received by the Committees on Appropriations no later than December 30, 2001.

Prepositioned equipment.—The Committee recognizes that the

equipment needs of State and local jurisdiction are considerable,

and that these can never be completely addressed. Equipment that

is placed in strategic locations throughout the country can help provide coverage to jurisdictions that were not targeted for equipment

grants in the States’ comprehensive plans. This prepositioned

equipment is standardized and configured into pods that are transportable by the National Guard. The pods are housed in secure National Guard facilities but are for the use of first responders only.

The Committee recommends $8,000,000 for this effort.

Web Site Pilot Project.—The Committee recognizes the enormous

potential the world wide web holds for facilitating the domestic preparedness efforts of State and local first responders. The Committee believes the world wide web could be used more effectively

for the sharing of information and best practices between the State

and local jurisdictions and the Federal agencies that support them,

as well as among first responders across the country. Each jurisdiction faces unique challenges and has unique equipment and training needs. The Committee believes that web technology will help

OSLDPS tailor its assistance programs to the diverse and changing

needs of its clients. The Committee therefore recommends

$2,000,000 for OSLDPS for a pilot project to develop an interactive

web site to serve and support this nation’s State and local first responders.

Management and administration.—The Committee recommendation provides $42,797,000 for the management and administration

[M&A] of the Office of Justice Programs. In addition, funding will

be provided from transfers from the ‘‘Juvenile justice’’ account and

from the ‘‘State and Local Assistance’’ account for the administration of grants under these activities.

STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

Appropriations, 2001 ............................................................................. $2,842,660,000

Budget estimate, 2002 ........................................................................... 2,017,726,000

Committee recommendation ................................................................. 2,089,990,000

The Committee recommends an appropriation of $2,089,990,000.

This recommendation is $169,261,000 below the budget request.

These funds provide assistance to State and local governments in

their drug control and other law enforcement efforts as follows:

Office of Justice Programs—State and local law enforcement assistance

Committee

recommendation

Local law enforcement block grant ....................................................... $400,000,000

Boys and Girls Clubs ...................................................................... (80,000,000)

Law Enforcement Technology ........................................................ (19,956,000)

Cooperative agreement program .......................................................... 35,000,000

Indian Country Prison Grants .............................................................. 35,191,000

State Criminal Alien Assistance Program (SCAAP) ........................... 265,000,000

Indian tribal courts program ................................................................ 7,982,000

Byrne grants:

Discretionary ................................................................................... 78,125,000
56

Office of Justice Programs—State and local law enforcement assistance—Continued

Committee

recommendation

Formula ........................................................................................... 500,000,000

Drug courts ............................................................................................. 50,000,000

Juvenile accountability incentive block grant ..................................... 249,450,000

Violence Against Women Act programs ............................................... 390,565,000

Substance abuse treatment for state prisoners ................................... 68,000,000

Safe Return Program ............................................................................. 898,000

Law enforcement family support programs ......................................... 1,497,000

Senior citizens against marketing scams ............................................ 1,995,000

Motor Vehicle Theft Prevention ........................................................... 1,298,000

Alcohol and Crime Prevention in Indian Country .............................. 4,989,000

Total, State and local law enforcement assistance .................. 2,089,990,000

Local law enforcement block grant.—The Committee recommendation includes $400,000,000 to continue the local law enforcement block grant program which provides grants to localities

to reduce crime and improve public safety. Of the amounts provided, $19,956,000 will be provided to NIJ to assist local units to

identify, select, develop, modernize, and purchase new technologies

for use by law enforcement. The recommendation for funding for

the local law enforcement block grant continues the commitment to

provide local governments with the resources and flexibility to address specific crime problems in their communities.

Boys and Girls Clubs.—Within the amounts provided for the

local law enforcement block grants, the Committee recommends

$80,000,000 for the Boys and Girls Clubs. The Committee commends Boys and Girls Clubs of America for its effort to reach all

children who are in need of support and affirmation.

Indian Country Grants.—The recommendation provides $70,191,000 for Indian Country grants, which is equal to the budget request. Of this amount, $35,000,000 is for the Cooperative

Agreement Program, and $35,191,000 for Indian Country Prison

Construction. Within the amount for prison construction, the Committee directs that grants be provided for the following projects: —$4,200,000 for a grant for NANA 28 bed jail for Kotzebue,

Alaska; —$620,000 for the construction of a detention facility within the

Spirit Lake Nation; —$4,000,000 for a grant for construction of the Detention Facility

for the Lower Brule Sioux Tribe; and —$16,300,000 for the construction of the Mississippi Band of

Choctaw Indians Detention Facility.

State Criminal Alien Assistance Program.—The recommendation

provides $265,000,000 for the State Criminal Alien Assistance Program [SCAAP] for the reimbursement to States for the costs of incarceration of criminal aliens. The Committee will also entertain a

reprogramming request from the Department on this important

issue addressing funding or administration requirements.

Indian Tribal Courts Program.—The Committee recommendation

provides $7,982,000 to assist tribal governments in the development, enhancement, and continuing operation of tribal judicial systems by providing resources for the necessary tools to sustain safer

and more peaceful communities.

Edward Byrne Grants to States.—The Committee recommendation provides $578,125,000 for the Edward Byrne Memorial State
57

and Local Law Enforcement Assistance Program, of which

$78,125,000 is for discretionary grants and is $500,000,000 for formula grants.

Within the amount provided for formula grants, the Committee

expects the Bureau of Justice Assistance [BJA] to provide: —$15,000,000 for Project HomeSafe for safety packets which include a gun locking device and information on how to handle

and store guns safely. These safety packets are distributed by

the foundation at no charge to any municipality that adopts

the program. This year the program will supply nearly 500,000

gunlocks to cities and States around the country. The committee recommendation shall be used to supplement current

funding and allow the foundation to provide over 8,000,000 gun

locks to municipalities in fiscal year 2001. The Committee is

very concerned about incidents of children gaining access to a

handgun, rifle, or shotgun in the home and either harming

themselves or someone else. The Committee is aware that at

least 80 percent of new guns sold in the United States are

equipped with gunlocks, however, there are millions of guns already on the streets that are not so equipped and a danger to

children. The Committee encourages municipalities to take advantage of this initiative.

Within the amount provided for BJA discretionary grants, the

Committee expects the Bureau of Justice Assistance to provide: —$5,000,000 for the National Crime Prevention Council to continue and expand the National Citizens Crime Prevention

Campaign [McGruff]; —$4,500,000 for the Executive Office of U.S. Attorneys to support the National District Attorneys Association’s participation

in legal education training at the National Advocacy Center; —$2,000,000 for continued support for the expansion of Search

Group, Inc. and the National Technical Assistance and Training Program to assist States, such as West Virginia, to accelerate the automation of fingerprint identification processes;

—$3,500,000 for the Drug Abuse Resistance Education [DARE

AMERICA] program. The Committee is concerned that DARE

programs effectiveness has been called into question. The Committee encourages DARE to continue the restructuring effort

currently underway and to report to the Committee on its

progress;

—$400,000 for the Indianapolis Comprehensive Domestic Violence Response Program;

—$200,000 for a grant to the Baker County, Oregon Federal Law

Enforcement Training Center;

—$12,700,000 for the 2002 Winter Olympics Games Public Safety

Command;

—$500,000 for the Solano County and Napa County, CA Regional

Law Enforcement authority for equipment;

—$1,300,000 for the California Rural Crime Prevention and

Prosecution;

—$600,000 for the Atlanta, Georgia Homicide Reduction Initiative;

—$1,000,000 for Alfred University’s Coordinating County Services for Families and Youth;
58

—$6,000,000 for a grant to the National Center for Justice and

the Rule of Law at the University of Mississippi School of Law;

—$1,500,000 to the Springfield, Missouri Police and Fire Training Center;

—$350,000 for Turtle Mountain Community College’s Department of Justice for ‘‘Project Peacemaker’’;

—$3,000,000 for a grant to the Clearwater, Idaho EDA for the

Lewis and Clark Bicentennial Bi-State Public Safety Project;

—$550,000 for a grant to the Albuquerque, NM DWI Resource

Center to fund drunk driving awareness and prevention programs;

—$950,000 for the Chicago Project for Violence Prevention;

—$2,000,000 to fund Kristen’s Act, which seeks to create a national clearinghouse of missing adults;

—$1,000,000 to the Nevada National Judicial College;

—$2,000,000 for the Tools for Tolerance Program;

—$675,000 for a grant to the University of Northern Iowa for the

Domestic Violence Services for Women project;

—-$5,000,000 to the Eisenhower Foundation for the Youth Safe

Haven program;

—$500,000 for the Littleton Area Learning Center;

—$300,000 for a grant to Boyle-Mercer County for a Court Appointed Special Advocate;

—$250,000 for a grant for the Regional Prevention Center in

Maysville, Kentucky;

—$1,500,000 to the New Hampshire Department of Safety to Operation Streetsweeper;

—$400,000 for the Carroll County District Court’s Alternate Sentencing Program in New Hampshire;

—$1,500,000 for the Center for Task Force Training;

—$1,000,000 for a grant to the University of Nebraska, Department of Criminal Justice for a police professionalism initiative;

—$350,000 for a grant to the Southwest Arkansas Domestic Violence Center for domestic violence prevention activities to fund

programmatic and equipment costs;

—$1,000,000 for a grant to the Southwest Texas State University

Law Enforcement Training Center for equipment and program

support;

—$500,000 for a grant to the Oklahoma Bureau of Narcotics for

the necessary equipment to establish a Mobile Command Post;

—$1,000,000 for a grant to the Arizona Criminal Justice Commission;

—$500,000 to the Iowa Department of Public Health to institute

a pilot program to rehabilitate nonviolent drug offenders;

—$560,000 for a grant to the Ninth West Judicial District in Arkansas for video conference equipment for remote witness testimony;

—$400,000 for a grant to the National Association of Town

Watch’s National Night Out crime prevention program;

—$200,000 for a grant to the Cranston, Rhode Island Police Department’s Community Police Division for community policing

initiatives;
59

—$1,000,000 for a grant to Ridge House Treatment Facility in

Reno, Nevada to house low intensity, non-sex offender, non violent convicts; —$110,000 for a grant to fund a State-wide DARE coordinator in

Alaska; —$500,000 for a grant to the National Center for Rural Law Enforcement in Little Rock, Arkansas; —$1,000,000 for a grant for the Alaska Native Justice Center Restorative Justice programs; —$1,100,000 for a grant for rural alcohol interdiction, investigations, and prosecutions in the State of Alaska; —$250,000 for a grant to the Partners for Downtown Progress

program in Alaska; —$2,000,000 for a grant to the Achievable Dream program, in

Newport News, Virginia; —$1,000,000 for a grant to Jefferson County, Alabama for an

emergency system; —$100,000 for a grant to the Native American Community Board

in Lake Andes, South Dakota for programming and equipment

related to the Domestic Violence Shelter and Community Prevention Program; —$150,000 for a grant to fund Project Safe in Crow Creek, South

Dakota; —$5,000,000 for grants to States, State courts, local courts, units

of local governments, and tribal governments to establish a

mental health court initiative to address the growing number

of mentally ill persons in jails and prisons; —$230,000 for the MUSC Innovative Alternatives for Women

program; and —$500,000 for a grant to Kansas City, Missouri for the continuation of the Community Security Initiative; —$500,000 for a grant to STEP II for the Washoe County Rehabilitation Program.

Drug courts.—The Committee recommends $50,000,000 for drug

courts. The Committee notes that localities can also access funding

for drug courts from the Local Law Enforcement Block Grant and

Juvenile Accountability Block Grant.

Juvenile accountability incentive block grant.—The Committee

recommends $249,450,000 for the Juvenile Accountability Incentive

Block Grant Program to address the growing problem of juvenile

crime by encouraging accountability-based reforms at the State and

local level.

Violence Against Women Act programs.—The Committee recommends $390,565,000 for grants to support the Violence Against

Women Act. Grants provided under this recommendation are for

the following programs:

Violence Against Women Act programs

Committee

recommendation

General formula grants ......................................................................... $184,937,000

National Institute of Justice .......................................................... (5,200,000)

OJJDP-Safe Start Program ........................................................... (10,000,000)

BJS Study of domestic violence case processing .......................... (1,000,000)

Grants to encourage arrest policies ...................................................... 64,925,000

Rural domestic violence ......................................................................... 39,945,000
60

Violence Against Women Act programs—Continued

Committee

recommendation

Legal Assistance Program ..................................................................... 40,000,000

Campus Violence Program .................................................................... 10,000,000

Elder Abuse, Neglect, and Exploitation ............................................... 5,000,000

Safe Haven Program ............................................................................. 15,000,000

Education and Training to Assist Disabled Female Victims ............. 7,500,000

Stalker Database Expansion ................................................................. 3,000,000

Training programs ................................................................................. 4,989,000

Victims of child abuse programs:

Court appointed special advocates (CASA) .................................. 11,975,000

Training for judicial personnel ...................................................... 2,296,000

Grants for televised testimony ...................................................... 998,000

Total, VAWA programs .............................................................. 390,565,000

The fiscal year 2002 funding will be used to develop and implement effective arrest and prosecution policies to prevent, identify,

and respond to violent crimes against women, strengthen programs

addressing stalking, and provide much needed victims services.

This includes specialized domestic violence court advocates who obtain protection orders. In addition, programs should be strengthened to encourage reporting of domestic violence by providing assurances that law enforcement and attorney support systems would

be available. This funding is to be distributed to States to significantly enhance the availability of services, prosecutors, and law-enforcement officials to women and children who are subjected to domestic violence. The Committee notes that Alaska has the highest

rate of domestic violence in the nation. As many as 100 percent of

Native women in some State prisons and 80 percent Statewide report that they have been raped, beaten, or physically or sexually

abused. The Committee directs the Department to work with the

State of Alaska, the Alaska Native community, and non-profit organizations involved in prevention and treatment of domestic violence

to develop a comprehensive Statewide plan utilizing best practices

in combating this epidemic, particularly in rural Native villages. A

plan including recommendations for further action among various

Federal agencies on an interdisciplinary basis should be submitted

to the Committee by May 1, 2002.

Substance abuse treatment for State prisoners.—The Committee

recommends $68,000,000, for the Residential Substance Abuse

Treatment Program for State Prisoners [RSAT]. The RSAT Program provides financial and technical assistance to assist State and

local governments in developing and implementing residential

treatment programs within State and local correctional and detention facilities in which inmates are incarcerated for a period of time

sufficient to permit substance abuse treatment. Consistent with the

authorizing statute, States must agree to require drug testing of individuals enrolled in the treatment program and give preference to

projects that assist in the placement of program participants with

community-based aftercare services, such as parole supervision,

education and job training, and halfway houses. These aftercare

programs cannot be funded with RSAT grant dollars.

Safe Return Program.—The Committee recommends $898,000 to

continue and expand training of law enforcement and other emergency response personnel to locate missing Alzheimer patients.
61

Law enforcement family support programs.—The Committee recommendation provides $1,497,000 for this program to assist Federal, State, and local law enforcement agencies in developing and

implementing policies and programs to reduce stress and provide

appropriate support services for law enforcement officers and their

families.

Senior citizens against marketing scams.—The recommendation

provides $1,995,000 for this program to assist law enforcement in

preventing and stopping marketing scams against the elderly. The

Committee requests that some program sessions be held at the National Advocacy Center. Also, the Committee directs that this effort

be coordinated with the Federal Trade Commission.

Alcohol and Crime Prevention in Indian Country.—The recommendation provides $4,989,000 for demonstration grants to address alcohol and crime prevention in Indian Country.

Motor Vehicle Theft Prevention.—The recommendation provides

$1,298,000 for grants to combat motor vehicle theft.

WEED AND SEED PROGRAM

Appropriations, 2001 ............................................................................. $33,925,000

Budget estimate, 2002 ........................................................................... 58,925,000

Committee recommendation ................................................................. 58,925,000

The Committee recommends an appropriation of $58,925,000.

The recommendation is identical to the budget request.

The Committee also recommends bill language, similar to that

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.

The Committee’s recommendation includes $3,675,000 for 21 new

Weed and Seed sites; $2,550,000 to support gun law enforcement,

including the placement of gun-shot detection devices within Weed

and Seed sites; $1,275,000 for anti-drug activities; $2,000,000 to

enhance data collection and performance assessments; and

$15,500,000 to replace funding received in prior years from the Assets Forfeiture Fund.

COMMUNITY ORIENTED POLICING SERVICES

VIOLENT CRIME REDUCTION PROGRAMS

Appropriations, 2001 ............................................................................. $1,030,054,000

Budget estimate, 2002 ........................................................................... 855,109,000

Committee recommendation ................................................................. 1,019,874,000

The Committee recommends an appropriation of $1,019,874,000.

The recommendations is $164,765,000 above the budget request.

The funds provided by the Committee for assistance to State and

local law enforcement agencies are as follows:

Police Hiring Initiatives.—The Committee recommends

$447,606,000 for police hiring initiatives as follows: $180,000,000

for school resource officers; $190,291,000 from direct appropriations

for the COPS hiring program; $46,000,000 from prior year balances

to be used for UHP; and $31,315,000 for Indian Country.
62

Safe Schools Initiative (SSI).—The Committee continues to be

concerned about the level of violence in our children’s schools. To

address this issue, $234,851,000 is provided for the continuation of

the Safe Schools Initiative (SSI), including funds for technology development, prevention, community planning, and school safety officers. Within this total, $180,000,000 is from the COPS hiring program to provide school resource officers who will work in partnership with schools and other community-based entities to develop

programs to improve the safety of elementary and secondary school

children and educators in and around schools; $15,000,000 is from

the Juvenile Justice At-Risk Children’s Program and $22,851,000 is from the COPS program ($37,500,000 total) for programs aimed

at preventing violence in schools through partnerships with schools

and community-based organizations; $17,000,000 is provided from

the Crime Identification Technology Program to the NIJ to develop

technologies to improve school safety.

Indian Country.—The Committee recommendation includes

$31,315,000 to be used to improve law enforcement capabilities on

Indian lands and native villages, both for hiring uniformed officers,

including village public safety officers, and for the purchase of

equipment and training for new and existing officers.

Management and Administration.—The Committee recommendation includes a provision that provides that not to exceed

$32,812,000 shall be expended for management and administration

of the program.

Non-Hiring Initiatives.—The Committee is aware that the COPS

program reached its goal of funding 100,000 officers in May of

1999. Having reached its original goal, the Committee wants to ensure there is adequate infrastructure for the new police officers,

similar to the focus that has been provided Federal law enforcement. The Committee believes this will enable police officers to

work more efficiently, equipped with the protection, tools, and technology they need: to address crime in and around schools, to provide law enforcement technology for local law enforcement, to combat the emergence of methamphetamine in new areas and provide

policing of ‘hot spots’ of drug market activity, and to provide bullet

proof vests for local law enforcement officers and correctional officers. Specifically, the Committee directs the program to use

$493,643,000 to fund initiatives that will result in more effective

policing. The Committee believes that these funds should be used

to address these critical law enforcement requirements and directs

the program to continue the following non-hiring grant programs:

1. COPS Technology Program.—The Committee provides

$155,467,000 to be used 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, there is recognition of the importance of the sharing of

criminal information and intelligence between State and local law

enforcement to address multi-jurisdictional crimes.

The Committee includes the expectation that the COPS office

will award grants for the following technology proposals:

—$5,000,000 to the National Center for Missing and Exploited

Children to continue the program created in fiscal year 2000

that provides targeted technology to police departments for the
63

specific purpose of child victimization prevention and response.

The technology available to our law enforcement to help them

find missing children is not at the level it needs to be. Most

police departments across the United States do not have personal computers, modems, and scanners. The departments that

do, rarely have them in areas focusing on crimes against children; —$7,202,000 for not more than 4 regional computer forensic labs;

—$350,000 for equipment to connect Interpol to the National

Law Enforcement Telecommunications System [NLETS]; —$4,000,000 for not more than 4 regional mitochondrial DNA forensic labs; —$250,000 for Criminal Intelligence Unit in Iberia Parish, Louisiana; —Up to $3,000,000 for the acquisition or lease and installation

of dashboard mounted cameras for State and local law enforcement on patrol. One camera may be used in each vehicle which

is used primarily for patrols. These cameras are only to be

used by State and local law enforcement on patrol; —$5,000,000 for the Utah Communications Agency Network

(UCAN) for enhancements and upgrades of security and communications infrastructure to assist with law enforcement

needs arising from the 2002 Winter Olympics; —$1,600,000 for the Montana Highway Patrol for computer upgrades; —$90,000 for the Billings, Montana Police Department for a firearms training system; —$500,000 for the South Bend, Indiana Police Department to

fund surveillance equipment in patrol cars; —$500,000 for a grant to Portland, Oregon Police Department for

its Square Car Unit Identification [SQUID] program; —$250,000 for technology equipment to create a traffic enforcement unit in the Muncie, Indiana Police Department;

—$1,000,000 for the Cache Valley, Utah Multi-jurisdictional 800

Megahertz Project;

—$3,000,000 for an Integrated Justice Information System in

Ventura County, California;

—$3,000,000 for Law Enforcement Online (LEO);

—$500,000 for the Louisiana Interstate 10 Technology Support

Project;

—$1,600,000 for the Montana Highway Patrol Computer Aided

Dispatch System;

—$3,000,000 for a grant to the State of South Dakota for the development of a statewide communications system;

—$1,200,000 for teleconferencing equipment for the Montana Supreme Court;

—$950,000 for a criminal justice records management system for

the Missoula, Montana Sheriff’s Department;

—$310,000 to fund technology enhancements for the Douglas

County, Colorado Sheriff’s Office;

—$1,500,000 for the City of Colorado Springs for its CMS and

PASS systems;

—$2,300,000 for the replacement of the Cowlitz County, Washington Emergency Radio Response System;
64

—$3,000,000 for the Washington State Methamphetamine Joint

Enforcement Initiative;

—$7,000,000 for the Missouri State Highway Patrol Integration

Technology Program;

—$7,500,000 for the Harrison County Public Safety Automated

Systems project;

—$500,000 for Simpson County, Mississippi’s public safety automated technologies system;

—$725,000 for the City of Jackson Mississippi’s public safety

automated technologies system;

—$1,000,000 for the Jersey City Police Department’s Crime Identification System to upgrade communications systems;

—$975,000 for the Berkeley Township Police Department in New

Jersey to upgrade communications technology;

—$7,200,000 for the Southwest Border Anti-Drug Information

System of which $3,600,000 is to go to the State of Idaho;

—$750,000 to fund the Bonner Sheriff’s Department’s Emergency

Communications Center;

—$4,700,000 to fund Minnesota’s Criminal Justice Enterprise Architecture;

—$1,500,000 for the Ohio Computer Crime Unit to upgrade technology;

—$800,000 to the National Center for Victims of Crime

INFOLINK Program;

—$500,000 for a grant to Mountain Village to equip a new communications center to improve emergency dispatch services to

the region;

—$1,000,000 for a grant to Montrose Police Department for the

purchase of a trunked communications system;

—$300,000 to Wake County, North Carolina to fund the Wake

County Interconnect module; to improve law enforcement and

emergency management communications within the county;

—$3,000,000 to fund the Criminal Justice Information System

(CJIS);

—$350,000 for the Macon County, Illinois Sheriff’s Department

for law enforcement technologies and to modernize equipment;

—$1,000,000 for communications upgrades for Portsmouth, New

Hampshire Police Department;

—$3,300,000 for the South Carolina State Law Enforcement Secure Communications Upgrade;

—$185,000 to fund computer and technology upgrades for the

Charleston, South Carolina Sheriff’s Department;

—$150,000 for Emergency 911 System Enhancements for the Hawaii County Police and Fire Department;

—$350,000 for a grant to the Colchester and South Burlington

Police Departments to fund computer upgrades;

—$1,800,000 for a grant to the Massachusetts Facial Recognition

Project;

—$600,000 for a grant to the New Bedford Police Department for

communication upgrades to improve the efficiency and effectiveness of local police efforts;

—$4,375,000 for a grant to Milwaukee, Wisconsin, for communications infrastructure equipment;
65

—$1,500,000 for a grant to the Vermont Department of Public

Safety for mobile communications technology upgrades;

—$2,000,000 for a grant to the Wayne County, Michigan, Wayne

Area Justice Information System [WAJIS] for integrated communications systems;

—$161,000 for a grant to the Muncie, Indiana Police Departments to acquire of mobile data terminals for its police vehicles;

—$2,000,000 for a grant to the City of Baltimore, Maryland to

fund enhanced communications technology;

—$1,000,000 for a grant to the Washington Association of Sheriffs and Police Chiefs to fund the Washington State Booking,

Reporting, and Victim Notification System;

—$3,500,000 for a grant to the Omaha Police Department and

the Douglas County Sheriff’s Office to fund technology for improved communications capabilities;

—$1,500,000 for a grant to Clark County, Nevada to upgrade and

replace the 911 and Emergency Response System in Clark

County;

—$1,000,000 for a grant to the Overland Park Police Department

in Kansas for technology enhancements;

—$275,000 for a grant to the Beaver and Butler County Regional

Police Network for communications technology enhancements;

—$1,500,000 for a grant to Pennsylvania’s Allegheny County Regional Police Network for communications technology enhancements;

—$600,000 for a grant to Columbia, Oregon’s Emergency Response Communications Systems for technology enhancements;

—$500,000 for laptop computers for the Madison Police Department;

—$125,000 for a grant for the Green Bay Police GangNet Program;

—$320,000 for a grant to the Nashua Police Department for technology and equipment for training exercises;

—$550,000 for a grant to Henderson City—County Police Departments for Mobile Data Terminals;

—$2,000,000 for a grant to the Maine State Police Communications Systems for technology enhancements to improve its communications infrastructure;

—$1,600,000 for a grant to the Wasilla Regional Dispatch Center

in Alaska for technology and communications upgrades;

—$2,500,000 for a grant to the Alaska Department of Public

Safety for technology and communications upgrades;

—$37,000 for a grant to the Napoleon, Ohio Police Department

for technology upgrades;

—$5,500,000 for the Consolidated Advanced Technologies for

Law Enforcement to improve communications between police

cruisers;

—$5,000,000 for the South Carolina Coastal Plain Police Initiative;

—$1,000,000 for a grant to the Boston School Safety Initiative to

purchase equipment and technology to reduce school violence;

—$1,500,000 for a grant to Project Hoosier SAFE T;
66

—$1,000,000 for a grant to Jefferson County, AL for the acquisition of equipment to improve its communications technology;

—$3,000,000 for a grant to the Fresno Police Department for

technology upgrades;

—$850,000 for a grant to the South Carolina State Law Enforcement Division for a High Technology Crime Investigative Unit;

—$130,000 for Red River, New Mexico to improve 911 capabilities;

—$2,000,000 for a grant to the Virginia State Police in-car video

systems and racial profiling training; and

—$600,000 for a grant to fund the St. Louis Regional Justice Information Service.

2. Crime Identification Technology Program [CITA].—The Committee recommends $150,404,000 for the CITA program, 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,

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) capture

of information for statistical and research purposes; (5) developing

multi-jurisdictional, multi-agency communications systems; and (6)

improvement of capabilities of forensic sciences, including DNA.

Within the amounts provided, the Office of Justice Programs is directed to provide grants to the following:

—$4,000,000 to the State Police of NH, for a VHF trunked digital

radio system;

—$4,000,000 for the GCU Coalition Project for criminal justice

data gathering and analysis;

—$3,000,000 for the Juvenile Justice Information System in Missouri;

—$1,600,000 for the University of Southern Mississippi to fund

crime identification technology training;

—$1,000,000 for the Center for Criminal Justice Technology;

—$762,000 for a grant to the State of Alaska to complete the

final phase of the criminal justice management information

system replacement;

—$2,000,000 for a grant to the State of Alaska for the training

of Village Public Safety Officers and small village police officers, and acquisition of emergency response equipment for

rural communities;

—$2,500,000 for a grant to the Alaska Department of Public

Safety for the public safety information network to integrate

Federal, State, and local criminal records along with social

service and other records. The Committee expects the system

design to include the capability to provide background checks

on potential child care workers for child care providers and

families with the permission of the job applicant. The State

should consult with the National Instant Check System for

technical expertise;
67

—$1,100,000 for Critical Incidence Response Technologies in

South Carolina; —$4,000,000 to fund the Criminal Justice Communications Upgrade in South Carolina; —$1,000,000 for a grant to the Miami-Dade County Juvenile Assessment Center Demonstration Project; —$300,000 for a grant to the Xenia Police Department to investigate child sexual exploitation on the Internet; —$400,000 for a grant to Indiana University/Purdue University

at Indianapolis to expand the use and deployment of imaging

systems to State and local law enforcement agencies; —$300,000 for a grant to the Fifth Judicial Circuit of South Dakota to establish a coordinated juvenile arrest tracking system;

and —$3,000,000 for a grant to the Alabama Department of Public

Safety to implement its SmartCOP initiative.

Safe Schools Technology.—Within the amounts available for

crime identification technology, the Committee recommends

$17,000,000 for Safe Schools technology to continue funding NIJ’s

development of new, more effective safety technologies such as less

obtrusive weapons detection and surveillance equipment and information systems that provide communities quick access to information they need to identify potentially violent youth.

Upgrade Criminal History Records (Brady Act).—Within the

amounts available for crime identification technology, the Committee recommends $35,000,000, for States to upgrade criminal history records so that these records can interface with other data

bases holding information on other categories of individuals who

are prohibited from purchasing firearms under Federal or State

statute. Additionally, the national sexual offender registry [NSOR]

component of the Criminal History Records Upgrade Program has

two principal objectives. The registry assists States in developing

complete and accurate in-State registries. It will also assist States

in sharing their registry information with the FBI system which

identifies those offenders for whom special law enforcement interest has been noted.

DNA Backlog Grants/Crime Laboratory Improvement Program

(CLIP).—Within the amounts available for crime identification

technology, the Committee recommendation includes $70,000,000

for CLIP/DNA Program to support State and local units of government crime laboratories to develop or improve the capability to

analyze DNA in a forensic laboratory, as well as other general forensic science capabilities. Eliminating the DNA convicted offender

backlog should be the program’s first priority. This funding is provided to foster cooperation and mutual assistance among forensic

DNA laboratories within States. Funds should be used for efforts

between Sates that are seeking to match and exchange DNA identification records for law enforcement purposes using the FBI’s combined DNA index system [CODIS]. Within the amounts provided

under CITA, it is expected that the Office of Justice Programs will

provide grants to the following programs:

—$2,500,000 for the Northeast Regional Forensic Institute;

—$1,000,000 for the Mississippi Crime Lab to upgrade the lab’s

capability to analyze DNA in a forensic laboratory;
68

—$750,000 to the Northeastern Illinois Public Safety Training

Academy for crime lab enhancements;

—$2,000,000 for the National Forensic Science Institute;

—$1,000,000 for upgrades to the Iowa Forensic Laboratory;

—$1,000,000 for the National Academy for Forensic Computing

in Central Piedmont, North Carolina;

—$60,000 to address the DNA backlog in the Arkansas Crime

Laboratory;

—$1,000,000 for a grant to the Alabama Department of Forensic

Sciences;

—$733,000 for a grant to Virginia’s Electronic Fingerprint Archive System;

—$4,000,000 to the West Virginia University Forensic Identification Program; and

—$3,000,000 the South Carolina Law Enforcement Division’s

Computer Forensic Laboratory.

3. COPS Methamphetamine/Drug ‘‘Hot Spots’’ Program.—The

Committee directs $48,393,000 to be used for State and local law

enforcement programs to combat methamphetamine production,

distribution, and use, and to reimburse the Drug Enforcement Administration for assistance to State and local law enforcement for

proper removal and disposal of hazardous materials at clandestine

methamphetamine labs. The funding may also be used for policing

initiatives in ‘‘hot spots’’ of drug market activity. Within the

amounts provided for the Methamphetamine/Drug Hot Spots Program, the Committee expects grants to be made for the following

programs:

—$20,000,000 for the Drug Enforcement Administration to cover

the costs associated with the cleanup and disposal of clandestine methamphetamine laboratories;

—$3,000,000 for the Washington Methamphetamine Joint Initiative for a comprehensive program to address methamphetamine enforcement, treatment, and cleanup efforts;

—$250,000 for the Jackson County, Mississippi Sheriff’s Department to combat methamphetamines;

—$1,000,000 for the Mississippi Bureau of Narcotics to combat

methamphetamine and to train officers on the proper recognition, collection, removal, and destruction of methamphetamine;

—$200,000 for the North Dakota Rural Methamphetamine Education Demonstration Project;

—$750,000 for the Methamphetamine Awareness and Prevention

Project of South Dakota to expand prevention efforts to include

Native American reservations;

—$1,000,000 for the Illinois State Police to combat methamphetamine and to train officers in those types of investigations;

—$200,000 for the Bay County, Florida’s methamphetamine program which funds the hiring of additional officers to combat

Bay County’s growing methamphetamine problem;

—$1,000,000 for the Iowa Methamphetamine Initiative;

—$250,000 for the Iowa Tanks-A-Lock Project;

—$1,000,000 for the Arkansas Methamphetamine/Drug Hot

Spots Initiative, of which $155,000 shall be used to retain

three chemists at the Arkansas Crime Lab;
69

—$1,000,000 for the Oklahoma City Police Department for a

Methamphetamine/Drug Hot Spots Initiative;

—$500,000 for the Wisconsin Ecstacy Awareness Program;

—$1,000,000 for the Wisconsin Methamphetamine Law Enforcement Initiative;

—$1,000,000 for the Arizona Methamphetamine Initiative for

personnel, training, and equipment;

—$1,000,000 for the Vermont State Multi Jurisdictional Drug

Task Force;

—$300,000 for methamphetamine training for rural law enforcement officers in Arkansas;

—$1,000,000 for the Indiana State Police for the continuation of

their anti-methamphetamine operations;

—$3,000,000 for the Methamphetamine Program for Washington

State;

—$385,000 for Marion County, Oregon for the purchase of antimethamphetamine surveillance equipment for the Methamphetamine Lab Prevention Program;

—$1,000,000 for the Kansas Bureau of Investigation to combat

methamphetamines;

—$3,000,000 for the Montana Methamphetamine Initiative;

—$1,000,000 for the Flathead Valley, Montana Methamphetamine Initiative;

—$1,000,000 for the Indiana State Police to combat

methamphetamines;

—$1,500,000 for the Central Utah Methamphetamine Program;

—$2,000,000 for the Midwest Methamphetamine Initiative; and

—$715,000 for the Oklahoma Bureau of Narcotics.

4. COPS Safe Schools Initiative (SSI)/School Prevention Initiatives.—The Committee recommends $22,851,000 be used to provide

grants to policing agencies and schools to provide resources for programs aimed at preventing violence in public schools, and to support the assignment of officers to work in collaboration with schools

and community-based organizations to address crime and disorder

problems, gangs, and drug activities. Within the amounts provided

for the Safe Schools Initiative, the Committee expects the COPS office to award grants for the following programs:

—$3,000,000 for training by the National Center for Missing and

Exploited Children for law enforcement officers selected to be

part of the Safe Schools Initiative;

—$1,300,000 for the Promoting Responsible Behavior and Preventing Violence Program in Montana;

—$2,000,000 for the New Mexico School Security Technology and

Resource Center;

—$300,000 for the Secure School Program in New Mexico;

—$1,000,000 for the Safe Schools Initiative in Macon, Georgia;

—$200,000 for the Youth Watch Initiative in Jackson, Mississippi;

—$250,000 to fund Project Success in Danville, Illinois;

—$100,000 for a grant to Watch D.O.G.S. Across America in

Springdale, Arkansas to enhance school safety;

—$3,000,000 for the Safe School Education and Community

Awareness Program;
70

—$1,701,000 for the School Threat Assessment and Response

Team;

—$3,000,000 for the School Violence Resource Center in Little

Rock, Arkansas;

—$500,000 for a grant to fund the Alaska Community in Schools

Mentoring program;

—$5,000,000 for a grant to the Foundation of School Safety in

South Dakota to support the implementation of a school safety

initiative aimed at reducing school violence; and

—$1,500,000 for the Youth Advocates Program.

5. Bullet-proof Vests Grant Program.—The Committee recommendation includes $25,444,000 to continue this program for

formula grants to States, local governments, and Indian tribes to

be used for the purchase of armored vests for law enforcement officers in the jurisdiction of the grantee.

6. Police Corps.—The Committee recommendation includes

$30,000,000 to continue advanced police education and training in

the Police Corps Program.

Prosecution Assistance Programs.—The Committee recommendation includes $50,000,000 for the Southwest Border Prosecutors Initiative, as well as $49,780,000 for the Gun Violence Reduction Program.

Community Crime Prevention Programs.—The Committee recommendation includes $16,963,000 for the Police Integrity Program, $14,934,000 for an offender re-entry program, and

$14,967,000 for the Safe Schools Initiative.

Training and Technical Assistance.—The Committee recommendation includes $20,662,000 for training and technical assistance.

JUVENILE JUSTICE PROGRAMS

Appropriations, 2001 ............................................................................. $298,938,000

Budget estimate, 2002 ........................................................................... 297,940,000

Committee recommendation ................................................................. 328,507,000

The Committee recommends an appropriation of $328,507,000.

The recommendation is $25,015,000 above the budget request.

Juvenile justice and delinquency prevention.—The Committee

recommendation includes a total of $320,026,000 for administrative

expenses and grants to States and localities for projects in the

areas of education, research, prevention, and rehabilitation including:

1. $6,847,000 for the Office of Juvenile Justice and Delinquency

Prevention [OJJDP] (Part A).

2. $88,804,000 for formula grants for assistance to State and

local programs (Part B).

3. $55,691,000 for discretionary grants for national programs and

special emphasis programs (Part C).

Within the amounts provided for Part C discretionary grants and

all of the other funds provided under Juvenile Justice programs,

the Committee directs OJJDP to provide the following grants:

—$3,000,000 for Parents Anonymous, Inc., to develop partnerships with local communities to build and support strong, safe

families and to help break the cycle of abuse and delinquency;
71

—$1,500,000 for the Achievable Dream Program in Newport

News, Virginia; —$500,000 for the Jefferson County Youth Service System;

—$850,000 for a grant to Iowa Big Brothers and Big Sisters

Rural Youth Mentoring Program; —$800,000 for the New Mexico Police Athletic League;

—$400,000 to fund the Youth Development Program in Chicago;

—$1,500,000 to the Las Vegas Family Development Foundation;

—$1,500,000 to fund the University of New Hampshire’s Crimes

Against Children Research Center; —$3,000,000 for the Partnership for High Risk Youth to improve

opportunities for disadvantaged communities and to study social policies and public programs; —$1,250,000 for the Teens, Crime, and the Community Program;

—$1,000,000 for the I Have a Dream Foundation;

—$390,000 for the Juvenile Fire Setters Program;

—$300,000 for the Chicota Youth Camp in Louisiana;

—$250,000 for a grant to the At-Risk Early Intention Program

in the 16th Judicial District, Louisiana; —$1,500,000 for the Girls and Boys Town USA;

—$1,000,000 for Utah State University Youth and Families With

Promise Program; —$100,000 to fund the Na Keika Law Center in Hawaii;

—$200,000 for a teen program in Kuhio Park, Hawaii; and

—$1,900,000 to fund the National Coordinated Law-Related Educated Program; —$130,000 for a grant to the South Dakota Unified Judicial System to better serve Children in Need of Supervision [CHINS]; —$300,000 for a grant to the Vermont Coalition of Teen Centers;

—$3,000,000 for a grant to Wayne County, Michigan’s Department of Community Justice’s At-Risk Youth program; —$500,000 for a grant to Western Kentucky University to develop a Juvenile Delinquency Prevention Project aimed at students who have been removed from school;

—$762,000 for a grant to the Northeastern South Dakota Children and Family Initiative in Aberdeen, SD;

—$750,000 for a grant to establish and enhance after-school programs in Fairbanks, Alaska for at-risk youth through LOVE

Social Services;

—$1,500,000 for a grant to the State of Alaska for a child abuse

investigation program;

—A grant, if warranted, to the Alaska Mentoring Demonstration

Project for a statewide at-risk youth mentoring program involving schools and non-profit entities, including Boys and

Girls Clubs and Big Brothers-Big Sisters;

—$3,000,000 for a grant to the National Fatherhood Initiative;

—$500,000 for a grant to the Center for Safe Urban Communities at the University of Louisville for studies on ways to prevent youth violence;

—$1,500,000 for a grant to the City of Baltimore, Maryland to

assist in operating and expanding the Police Athletic Leagues

Program;

—$1,000,000 for a grant to the Juvenile Intake and Diversion

Program in Clackamas County, Oregon;
72

—$1,000,000 for a grant to the Johnson County Family Resource

Center in Kansas; —$350,000 for a grant to the Rock Creek School of Pennsylvania

Ballet to continue and expand its in-school and after-school

youth programs; —$1,000,000 for a grant to the University of South Alabama for

youth violence research; —$605,000 for a grant to the Oregon Museum of Science and Industry to improve and expand science clubs and camps for atrisk youths; —$3,000,000 for a grant to the National Council for Juvenile

Court Judges; —$1,000,000 for a grant to Elwin Project in Pennsylvania to reduce placement in institutions and recidivism of mentally ill

youth; —$800,000 for a grant to the Martin Luther King, Jr. Center for

Non-Violence to work with at-risk youth; —$250,000 for a grant to Macon, Georgia for an At-Risk Youth

Program to help solve the underlying problems of at-risk youth

and first time offenders; —$6,000,000 for a grant to Bergen County, New Jersey, to expand its Police Athletic League after-school programs; —$200,000 for a grant to fund Deschutes County, Oregon’s Juvenile Justice Partnership Program; —$1,000,000 for a grant to the South Dakota Internet Child

Safety Project; —$1,000,000 for a grant to fund South Dakota’s Rural At-Risk

Youth Outreach program; —$2,000,000 to expand and replicate the Behind Bars program;

—$300,000 for the Low Country Children’s Center in South

Carolina; —$2,460,000 to expand the Milwaukee Safe and Sound Program

to other Milwaukee neighborhoods and other communities in

Wisconsin;

—$540,000 for a grant for the Milwaukee Summer Stars Program;

—$100,000 for a grant to fund the Adolescent Behavior Control

Program in Rhode Island; and

—$204,000 for a grant to the Children’s Advocacy Center at the

Crow Creek Sioux Indian Reservation in Fort Thompson,

South Dakota for the Children’s Safe Place program.

4. $11,974,000 for 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). This program authorizes the OJJDP Administrator to

award grants which could 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 10 challenge activities included in this program. These

challenge activities are designed to improve various aspects of a

State’s juvenile justice and delinquency prevention program.

6. $15,965,000 for the Juvenile Mentoring Program [JUMP] (Part

G). This program seeks to reduce juvenile delinquency, improve
73

academic performance, and reduce the dropout rate among at-risk

youth through the use of mentors. This program has proven successful in reaching at-risk youth and has significant support at the

local level. The program brings together young people in high crime

areas with law enforcement officers and other responsible adults

who are willing to serve as long-term mentors. The Committee encourages OJP to focus on applications submitted by community

based organizations with a proven history of providing effective and

efficient one-on-one services. Within the amounts provided, the

Committee provides $5,000,000 for the Big Brothers/Big Sisters

program to expand its capacity to serve more at-risk youth. 7. $130,767,000 for the At Risk Children’s Program (Title V).

Under Title V of 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 [SSI].—The Committee includes

$15,000,000 within the Title V grants for the Safe Schools Initiative. This effort may include training and services such as: accountability and responsibility training; violence reduction training, including dispute resolution; juvenile mentoring; training for teachers

and families to recognize troubled children; and parent accountability and family strengthening education.

Tribal Youth Program.—The Committee includes $12,472,000

within Title V grants for programs to reduce, control, and prevent

crime both by and against tribal and Native youth; for interventions for court-involved tribal youth; for improvement to tribal and

Native juvenile justice systems; and for prevention programs focusing on alcohol and drugs, including the Alaska Federation of Natives to develop an underage drinking prevention program in rural

Alaska that includes assessment and education and focuses on the

children of alcoholics. Within this amount, the Committee directs

that $2,000,000 be provided for a grant to fund the Alaska Illegal

Drug and Alcohol Use Initiative.

Enforcing the Underage Drinking Laws Program.—The Committee recommends $25,000,000 within Title V grants to assist

States in enforcing underage drinking laws. Each State shall receive $360,000 and $6,640,000 shall be available for discretionary

grants to States.

Juvenile justice research, evaluation, training, and technical assistance.—The Committee recognizes that high quality research,

evaluation, and statistical analysis are critical to understanding

and addressing the causes of youth crime, understanding the scope

of delinquency and its impact on the juvenile justice system, and

identifying effective approaches to delinquency control that can be

replicated at the State and local levels. The Committee recommendation allows the Office of Juvenile Justice and Delinquency

Prevention Programs [OJJDP] to set aside 2 percent for training

and technical assistance and 10 percent for research, evaluation,

and statistics activities.

8. Victims of Child Abuse Act.—The Committee recommends

$8,481,000 for the various programs authorized under the Victims

of Child Abuse Act [VOCA]. Funds, provided to establish regional
74

and local children’s advocacy centers, may not be used to provide

legal aid. The recommendation includes $8,481,000 to improve investigations and prosecutions (subtitle A) as follows:

—$1,247,250 to establish 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;

—$1,496,700 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

—$748,050 for a continuation grant to the National Network of

Child Advocacy Centers for technical assistance and training,

as authorized by section 214a of VOCA.

PUBLIC SAFETY OFFICERS BENEFITS

Appropriations, 2001 ............................................................................. $35,619,000

Budget estimate, 2002 ........................................................................... 35,619,000

Committee recommendation ................................................................. 35,619,000

The Committee recommends an appropriation of $35,619,000.

The recommendation is equal to the budget request and provides

all mandatory funding for death benefits under the Public Safety

Officers Benefits Program. This program 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 a traumatic injury sustained in the line of duty. In

addition, $2,395,000 is provided to pay for disability benefits to

public safety officers who are permanently disabled in the line of

duty. Within the available carryover balances, sufficient funding is

available for the program which provides payments for education

purposes to the dependents of Federal, State, and local public safety officers who are killed or permanently disabled in the line of

duty. No additional funding is provided to expand the education

benefits program in fiscal year 2001.

GENERAL PROVISIONS—DEPARTMENT OF JUSTICE

The Committee recommends the following general provisions:

Section 101 makes up to $45,000 of the funds appropriated to the

Department of Justice available for reception and representation

expenses.

Section 102 eliminates an extraneous provision.

Section 103 allows the Department of Justice to spend up to

$10,000,000 for rewards for information regarding acts of terrorism

against U.S. citizens or property at levels not to exceed $2,000,000

per reward.

Section 104 allows the Department of Justice, subject to the

Committee’s reprogramming procedures, to transfer up to 5 percent

between appropriations, but limits to 10 percent the amount that

can be transferred into any one appropriation.

Section 105 expands a land border port of entry pilot program.

Section 106 provides technical assistance funds to improve oversight of certain grant programs.
75

Section 107 transitions Parole Commission caseload to a successor organization.

Section 108 allows Justice to collect reimbursements from manufacturers for warranty work done in-house.

Section 109 addresses an inequity in the immigration inspection

process.

Section 110 improves the efficiency of the immigration adjudication process.

Section 111 allows amounts in the Crime Victims Fund, in any

fiscal year, to be used to support the operation and maintenance

of the Victim Notification System (VNS). In order to provide victims with information on case events, the Department of Justice

has developed an automated victim notification system. Currently,

this effort involves coordination among the Federal Bureau of Investigation, the United States Attorneys Offices, the Federal Bureau of Prisons, and the Office of Victims of Crime. The Committee

understands that $1,000,000 remains available from funds transferred to the Crime Victims Fund from the Administrative Office

of the United States Courts, National Fine Center in the Department’s Fiscal Year 1998 Appropriations Act (Section 109, Public

Law 105–119). The use of these funds to support the operation and

maintenance of the VNS is consistent with the original intent of

the transfer to improve services for the benefit of crime victims in

the Federal criminal justice system. The Committee directs that an

additional $4,000,000 be provided from the Fund to support the

$5,000,000 annual estimated cost of the VNS program.
(76)

TITLE II—DEPARTMENT OF COMMERCE AND RELATED

AGENCIES

The Committee recommends a total of $5,662,719,000 for the

U.S. Trade Representative, the International Trade Commission,

and the Department of Commerce for fiscal year 2002. This amount

is $491,714,000 above the total request.

TRADE AND INFRASTRUCTURE DEVELOPMENT

The Committee has included under this section of title II, the

U.S. Office of the Trade Representative, the International Trade

Commission, and the Department of Commerce agencies responsible for trade promotion and enforcement and economic infrastructure development.

RELATED AGENCIES

OFFICE OF THE U.S. TRADE REPRESENTATIVE

SALARIES AND EXPENSES

Appropriations, 2001 ............................................................................. $29,452,000

Budget estimate, 2002 ........................................................................... 30,097,000

Committee recommendation ................................................................. 30,097,000

The Committee recommends an appropriation of $30,097,000 for

the U.S. Trade Representative. The recommendation is identical to

the budget request.

The Office of the U.S. Trade Representative is responsible for developing and coordinating U.S. international trade, commodity, and

direct investment policy, and leading negotiations with other countries on such matters. The U.S. Trade Representative’s areas of responsibility include all matters within the World Trade Organization, including implementation of the Uruguay Round of multilateral trade agreements; trade, commodity, and direct investment

matters dealt with by international institutions such as the Organization for Economic Cooperation and Development and the

United Nations Conference on Trade Development; industrial, agricultural and services trade policy, and trade-related intellectual

property protection and environmental issues.

INTERNATIONAL TRADE COMMISSION

SALARIES AND EXPENSES

Appropriations, 2001 ............................................................................. $47,994,000

Budget estimate, 2002 ........................................................................... 51,440,000

Committee recommendation ................................................................. 49,386,000

The Committee recommends an appropriation of $49,386,000.

The recommendation is $2,054,000 below to the budget request.
77

Within available funds, full funding is provided for the Information

Resources Management projects.

The International Trade Commission [ITC] is an independent,

quasi-judicial agency responsible for conducting trade-related investigations, providing Congress and the President with independent technical advice relating to U.S. international trade policy,

and performing other statutory responsibilities such as quasi-judicial determinations on trade matters filed with the Commission.

DEPARTMENT OF COMMERCE

INTERNATIONAL TRADE ADMINISTRATION

OPERATIONS AND ADMINISTRATION

Appropriations, 2001 ............................................................................. $333,702,000

Budget estimate, 2002 ........................................................................... 329,590,000

Committee recommendation ................................................................. 347,090,000

The Committee recommends an appropriation of $347,090,000. The recommendation is $14,500,000 above the budget request. The

recommendation includes $14,900,000 within Market Access and

Compliance and the Import Administration for continuation of the

trade compliance and monitoring intiatives.

The Committee recommends the Administration’s estimate of

$3,000,000 in fees during fiscal year 2002. As in past years, the

Committee expects ITA to continue working on efforts to structure

its programs to enable the agency to increase fees for the services

it provides.

The recommended funding levels are reflected in the following

table:

ITA Funding

[In thousands of dollars]

Trade development ................................................................................ 66,820,000

Market access and compliance .............................................................. 27,441,000

Import Administration .......................................................................... 42,859,000

U.S. and Foreign Commercial Service ................................................. 193,824,000

Administration/executive direction ....................................................... 13,146,000

Offsetting Fee Collections ..................................................................... 3,000,000

ITA total appropriation .............................................................. 347,090,000

Trade Development.—The Committee recommends an appropria- tion of $66,820,000. The recommendation is $14,500,000 above the

budget request. The Committee recommends continued funding for

the enhancement of the agency’s export data base, funding for the National Textile Center at a level of $11,000,000 and the Textile/

Clothing Technology Center at a level of $3,500,000.

Market Access and Compliance.—The Committee recommends an

appropriation of $27,441,000. The recommendation is identical to

the budget request. Assuring that U.S. companies receive the full

benefit of our trade agreements is critically important. In fiscal

year 2001, the Committee approved a large increase for compliance

and enforcement. The Committee directs the Office of Market Access and Compliance (MAC) to continue with their compliance effort and recommends $5,700,000 within available funds for this

purpose. Part of this effort is to increase the number of staff working on ensuring foreign compliance with trade agreements. The
78

Committee recommends augmenting Washington-based staffing to

focus on markets where U.S. firms face persistent compliance

issues and market access barriers, in particular Japan, China, and

the European Union. The Committee encourages MAC to evaluate

their staffing to assure the success of this important mission

Many U.S. companies are reluctant to complain about problems

they are facing in foreign markets. The Committee recommends

$1,700,000 within available funds for ITA to continue to place and

maintain support for compliance officers in China, Japan, and the

European Union, and other key markets so that they can detect

and swiftly address compliance problems U.S. companies face in

these markets. In addition, the Committee directs the ITA to continue with the Washington-based mobile strike force that can nimbly move to address compliance problems U.S. companies face in

any market. The Committee directs that these officers be integrated into the U.S. Foreign Commercial Service offices, as U.S.

business looks to the commercial officers for support and assistance.

Import Administration.—The Committee recommends an appro- priation of $42,859,000. The recommendation is identical to the

budget request. The Committee recommendation includes

$1,500,000 for the Import Administration to continue to place and

maintain overseas enforcement officers, including monitoring compliance with the World Trade Organization and other international

commitments on antidumping and subsidies. The Committee directed the Import Administration to station a senior official in Geneva to work with the U.S. Trade Representative (USTR) on issues

related to antidumping and countervailing duties in fiscal year

2001. The Committee intended that this official would participate

in the meetings of the Antidumping and Subsidies Committees, assist the USTR in Dispute Settlement proceedings that are relevant

to the Antidumping and Subsidies Agreements, monitor developments in the Working Party on Trade and Competition Policy, and

provide policy expertise on matters pertaining to the maintenance

of strong antidumping and antisubsidy laws in the United States.

As a cost saving measure, the Committee anticipated that the

USTR’s Geneva office will provide the necessary space within its offices for use by the Import Administration. The Committee directs

USTR to respond to the Committee’s fiscal year 2001 directive in

order to ensure Import Administration’s complete participation in

World Trade Organization Antidumping and Subsidies proceedings.

The Committee recommendation provides $3,500,000 for the Import Administration to monitor import data and customs flows for

surges in key markets and sectors, such as steel and lumber, and

take immediate action when such surges are detected. Such action

should include using resources to expedite unfair trade cases so

U.S. companies can receive relief at the earliest possible date. In

addition, Import Administration must vigorously monitor foreign

subsidies so that action can be taken if the subsidies violate trade

agreements.

The Committee recommends $2,500,000 to review and evaluate

in-depth China and Japanese compliance with antidumping and

countervailing duty commitments. China and Japan represent the

majority of unfair trade actions, and the Committee believes there
79

is an urgent need for greater attention to both Japanese and Chinese trade practices.

U.S. and Foreign Commercial Service [US&FCS].—The Committee recommends an appropriation of $193,824,000. The recommendation is identical to the request.

The Committee is concerned about the efficiency of the agency’s

domestic operations. In its’ fiscal year 2001 report, the Committee

recommended a consolidation of U.S. Export Assistance Centers in

metropolitan areas where more than one center was present. In response to the Committee’s concerns, the U.S. and Foreign Commercial Service established the Silicon Valley U.S. Export Assistance

Center. This resulted in the closure of centers in San Jose and

Santa Clara, California. The Committee commends the U.S. and

Foreign Commercial Service on this consolidation effort. At the

same time, however, new U.S. Export Assistance Centers have

opened in Las Vegas, Nevada and Indio, California. The Committee

remains concerned about the number of centers in certain metropolitan areas and directs the U.S. Foreign and Commercial Service

to provide a report to the Committees on Appropriations on its consolidation efforts by January 15, 2002.

The Committee supports the Commercial Service’s work on the

Appalachian-Turkish Trade Project, a project to promote opportunities to expand trade, encourage business interests, stimulate foreign studies, and to build a lasting and mutually meaningful relationship between the Appalachian States and the Republic of Turkey, as well as the neighboring regions, such as Greece. The Committee expects the agency to support the project.

Administration and Executive Direction.—The Committee recommends an appropriation of $13,146,000. The recommendation is

identical to the budget request. Bill language is included which

prohibits certain offices from taking funds from other accounts. If

additional funds are needed, a reprogramming request should be

submitted to the Committee for approval.

EXPORT ADMINISTRATION

Appropriations, 2001 ............................................................................. $64,711,000

Budget estimate, 2002 ........................................................................... 68,893,000

Committee recommendation ................................................................. 68,893,000

The Committee recommends an appropriation of $68,893,000.

The recommendation is identical to the budget request.

The Bureau of Export Administration is the principal agency involved in the development, implementation, and enforcement of export controls for dual-use technologies and weapons of mass destruction. The Export Enforcement Division detects, prevents, investigates, and assists in the sanctioning of illegal dual-use exports. Within available funds, the Committee recommendation provides $7,250,000 for Chemical Weapons Convention enforcement,

$1,600,000 for replacement of the Export Control Automated Support System and $496,000 for additional export licensing personnel.

ECONOMIC DEVELOPMENT ADMINISTRATION

Appropriations, 2001 ............................................................................. $438,911,000

Budget estimate, 2002 ........................................................................... 365,557,000

Committee recommendation ................................................................. 371,557,000
80

The Economic Development Administration [EDA] provides

grants to local governments and nonprofit agencies for public

works, planning, and other projects designed to facilitate economic

development. The Committee recommends an appropriation of $371,557,000. The recommendation is $6,000,000 above the budget request. Funding amounts for the two appropriations accounts under this heading are displayed below.

ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

Appropriations, 2001 ............................................................................. $410,973,000

Budget estimate, 2002 ........................................................................... 335,000,000

Committee recommendation ................................................................. 341,000,000

The Committee recommends an appropriation of $341,000,000. The recommendation is $6,000,000 above the budget request.

The Committee recommendation provides funding of $250,000,000 for public works grants (title I), $24,000,000 for planning assistance, $10,500,000 for trade adjustment assistance, and

$40,900,000 for economic adjustment grants (title IX). The Committee recommendation does not include funding for defense economic adjustment. Public Law 101–50 stipulates that all closure

and realignments must be completed no later than 6 years after

recommendation for closure or realignment was made. The last

round of base closure decisions was made in 1995. The Committee

notes that Federal facilities provide a substantial economic benefit

to local communities and that when excess infrastructure results in

facility closures or realignments, local communities can be adversely impacted. Currently, Federal Departments and Agencies do

not integrate or coordinate their facility investments or policies.

The Committee recommendation provides $6,000,000 for the National Infrastructure Institute to establish a center for infrastructure expertise at the former Pease Air Force Base in Portsmouth,

New Hampshire to assist Departments and Agencies in the development of facility best business practices and to secure improvements in the efficiency of infrastructure owned or leased by the

Federal Government. The Committee expects this pilot project to

demonstrate efficiencies in facility management and life cycle infrastructure costs and identify opportunities for Federal Departments

and Agencies to partner with each other and with the private sector to better utilize the Federal Government’s huge infrastructure

investment.

The Committee is aware of several proposals for economic development or adjustment assistance and strongly urges EDA to consider applications for the following proposals within applicable procedures and guidelines and provide a grant, if warranted: (1) Randolph Village School Economic Development Project, Randolf, VT;

(2) infrastructure improvement at Discovery Square and Lancaster

Square, PA; (3) a proposal for wiring the Southwest border in New

Mexico; (4) development of an industrial park at Sawmill Cove,

Sitka, AK; and (5) expansion of DePaul University’s computer

science facilities and programs.

The Committee expects EDA to continue its efforts to assist communities impacted by economic dislocations relating to industry

downswings as well as to assist communities impacted by down-
81

turns due to environmental concerns. This includes the timber and

coal industries, United States-Canadian trade-related issues, communities in New England, the mid-Atlantic, Hawaii, and Alaska

impacted by fisheries regulations, and communities in the Southeast impacted by downturns due to NAFTA.

SALARIES AND EXPENSES

Appropriations, 2001 ............................................................................. $27,938,000

Budget estimate, 2002 ........................................................................... 30,557,000

Committee recommendation ................................................................. 30,557,000

The Committee recommends an appropriation of $30,557,000.

The recommendation is identical to the budget request. The recommendation provides $1,500,000 for the implementation of the

Economic Development Communications and Operations Management System.

MINORITY BUSINESS DEVELOPMENT AGENCY

MINORITY BUSINESS DEVELOPMENT

Appropriations, 2001 ............................................................................. $27,254,000

Budget estimate, 2002 ........................................................................... 28,381,000

Committee recommendation ................................................................. 28,381,000

The Committee recommends an appropriation of $28,381,000.

The recommendation is identical to the budget request. Of this

amount, $750,000 is provided for the Phoenix database. The Committee notes that since its inception in 1969, neither the Minority

Business Development Agency nor its predecessor, the Office of Minority Business Enterprise, have ever been authorized.

ECONOMIC AND INFORMATION INFRASTRUCTURE

The Committee includes 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

Appropriations, 2000 ............................................................................. $53,627,000

Budget estimate, 2001 ........................................................................... 62,515,000

Committee recommendation ................................................................. 62,515,000

The Committee recommends an appropriation of $62,515,000.

The recommendation is identical to the budget request and includes funding to continue the necessary task of updating and improving statistical measurements of the U.S. economy, international transactions, and the effects of e-business. Within available funds, the Committee recommends $3,500,000 for the gross domestic product initiative and $3,000,000 for the information technology initiative.

The Economic and Statistics Administration is responsible for

the collection, tabulation, and publication of a wide variety of economic, demographic, and social statistics and provides support to
82

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

Appropriations, 2001 ............................................................................. $432,679,000

Budget estimate, 2002 ........................................................................... 543,396,000

Committee recommendation ................................................................. 517,090,000

The Committee recommends an appropriation of $517,090,000.

The recommendation is $26,306,000 below the budget request. The

Committee’s recommendations for the Census Bureau accounts are

described in more detail below.

SALARIES AND EXPENSES

Appropriations, 2001 ............................................................................. $156,881,000

Budget estimate, 2002 ........................................................................... 168,561,000

Committee recommendation ................................................................. 168,561,000

The Committee recommends an appropriation of $168,561,000.

The recommendation is identical to the budget request. This account provides for the salaries and expenses associated with the

statistical programs of the Bureau of the Census, including measurement of the Nation’s economy 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.

The Committee has provided the fiscal year 2002 base funding

for the key programs of the Census Bureau. The Committee is particularly concerned that key reports on manufacturing, general economic and foreign trade statistics are maintained and issued on a

timely basis.

The Committee requests that the Bureau include in its budget

submission in fiscal year 2003 a report on the reimbursements it

has received for work requested by other Federal agencies or private organizations.

PERIODIC CENSUSES AND PROGRAMS

Appropriations, 2001 ............................................................................. $275,798,000

Budget estimate, 2002 ........................................................................... 374,835,000

Committee recommendation ................................................................. 348,529,000

The Committee recommends an appropriation of $348,529,000.

The recommendation is $26,306,000 below the budget request. This

amount, when combined with approximately $27,000,000 in carryover, will fully fund periodic censuses and programs.

This account provides for the constitutionally mandated decennial census, quinquennial censuses, and other programs which are

cyclical in nature. Additionally, individual surveys are conducted

for other Federal agencies on a reimbursable basis. The Committee

recommendation includes $694,000 for the Census Survey of

Women Business. In past years, funding for this survey has been

provided through the Small Business Administration account and
83

the Census Bureau was reimbursed for the costs of conducting the

survey.

For other programs under this account, the Committee recommends the requested levels of $51,958,000 for economic censuses; $5,745,000 for census of governments; $6,048,000 for

intercensal demographic estimates; $6,254,000 for electronic information collection; $37,624,000 for geographic support; and

$23,254,000 for data processing systems. The Committee also recommends $12,397,000 for demographic survey sample redesign and

$26,246,000 for the continuous measurement program.

NATIONAL TELECOMMUNICATIONS AND INFORMATION

ADMINISTRATION

Appropriations, 2001 ............................................................................. $100,216,000

Budget estimate, 2002 ........................................................................... 73,023,000

Committee recommendation ................................................................. 73,023,000

The Committee recommends on appropriation of $73,023,000.

This recommendation is identical to the budget request.

SALARIES AND EXPENSES

Appropriations, 2001 ............................................................................. $11,412,000

Budget estimate, 2002 ........................................................................... 14,054,000

Committee recommendation ................................................................. 14,054,000

The Committee recommends on appropriation of $14,054,000.

The recommendation is identical to the budget request, and includes $2,100,000 for the Radio Spectrum Measurement System..

The Committee retains language from previous years allowing

the Secretary of Commerce to charge Federal agencies for a portion

of the cost of coordination of spectrum management, analysis, and

operations.

PUBLIC BROADCASTING FACILITIES, PLANNING, AND CONSTRUCTION

Appropriations, 2001 ............................................................................. $43,404,000

Budget estimate, 2002 ........................................................................... 43,466,000

Committee recommendation ................................................................. 43,466,000

The Committee recommends an appropriation of $43,466,000.

The recommendation is identical to the budget request. Public

broadcasters face a significant challenge in making the transition

from analog to digital broadcasting. The public broadcasters, as

well as commercial broadcasters, are required to make the change

from analog to digital broadcasting by 2005. This is an expensive

task, and is going to be particularly challenging for public broadcasters whose networks include numerous translator stations.

These challenges are particularly great for those broadcasters

who are located in, or who serve, largely rural areas. As in past

years, the Committee continues to urge the agency to place emphasis on the needs of these stations, and to support focusing resources

on distance learning initiatives targeting rural areas.

TECHNOLOGY OPPORTUNITIES PROGRAM

Appropriations, 2001 ............................................................................. $45,400,000

Budget estimate, 2002 ........................................................................... 15,503,000

Committee recommendation ................................................................. 15,503,000
84

The Committee recommends an appropriation of $15,503,000.

The recommendation is identical to the budget request. The Committee expects NTIA to limit eligibility for this program.

The regional information sharing system [RISS] under the Department of Justice provides funding for law enforcement entities

which have traditionally obtained funding from the TOP Program.

The Committee recommendation excludes law enforcement entities

eligible for the RISS Program from applying for TOP funds. The

Committee expects NTIA to give preference to applications from

consortia and for purposes such as public safety or other uses for

which there is no other funding source available.

The Committee is aware of several proposals for information infrastructure grants and strongly urges NTIA to consider applications for the following proposals within applicable procedures and

guidelines and provide a grant, if warranted: (1) an electronic commerce initiative at the University of Missouri-Columbia; (2) a technology training initiative proposal by Morgan State University; (3)

Vermont Interactive Television; (4) Shiloh, PA Community Service;

and (5) North Dakota State University Technology Park Internships.

PATENT AND TRADEMARK OFFICE

SALARIES AND EXPENSES

Appropriations, 2001 ............................................................................. $1,037,008,000

Budget estimate, 2002 ........................................................................... 1,139,001,000

Committee recommendation ................................................................. 1,139,001,000

The Committee recommends total budget resources of $1,139,001,000. The recommendation is identical to the budget request and is a 9 percent increase over fiscal year 2001.

The Patent and Trademark Office [PTO] 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. The PTO is

subject to the policy direction of the Secretary of Commerce, but

the agency has independent control of its budget, expenditures,

personnel, procurement and other administrative and management

functions.

The PTO has experienced significant growth in recent years due

to the increase in applications for patents and trademarks. Trademark applications have substantially increased since the mid1990s, and the high technology and biotechnology industries have

accounted for much of the growth in patent applications.

While the agency has experienced significant growth in recent

years as a direct result of workload increases, PTO’s corporate plan

predicts that patent pendency will rise from 26.2 months to an unacceptable 38.6 months by fiscal year 2006. PTO assumes this

would occur even if the agency retains all of its projected fee collections for the next several years. The ability of the administration

to formulate an adequate budget for the PTO is complicated by two

factors. First, the agency historically has formulated an incremental budget based on the previous year’s budget, and does not
85

provide the Committee with a thorough business plan that demonstrates how resources will be used and what results will obtain.

Second, PTO management has not been sufficiently innovative. Although patent filings have increased dramatically over the past

decade, PTO management chose to remain wedded to an archaic

patent process and attempted to hire its way out of its workload

problems. In the April 2001 presentation to their Public Advisory

Committees, PTO management proposed hiring an additional 1,100

patent examiners in fiscal year 2003, but proposed making the patent application process fully electronic only in fiscal year 2006. In

addition, PTO management has moved at a glacial pace to address

the attrition problem among its patent examiners. Further, substantial amounts of funds have been expended on information technology projects over the last decade, but no significant increase in

examiner productivity has been noted. Finally, the Committee

lacks full confidence in the information provided to it by PTO management regarding its needs and performance.

The Committee is pleased that the Secretary of Commerce has

made a commitment to improve PTO operations and initiate an internal review to determine what the agency needs to do its job.

Consistent with that approach, the Committee directs the Secretary of Commerce to develop a 5-Year Strategic Plan for the PTO

with three core objectives: (1) prepare the agency to handle the

workload associated with the 21st century economy, (2) improve

patent quality, and (3) reduce patent and trademark pendency. The

plan should include recommendations to improve retention and

productivity of the examiner workforce, targeted hiring increases to

deal with high-growth areas, improved training, and E–Government and other capital improvements designed to improve productivity. The plan should also include benchmarks for measuring

progress in achieving each of those objectives. The plan shall be

submitted to the Committee for review by no later than January

15, 2002. In an effort to accelerate implementation of time-sensitive

elements of the Secretary’s 5-year Plan, the Committee would be

willing to consider a reprogramming request from unobligated PTO

fee balances.

The Committee further directs that the ‘‘electronic file wrapper’’ be fully implemented by the end of fiscal year 2004.

The Committee observes that the PTO received its second consecutive financial audit with no reportable conditions, and expects

that the PTO will make every effort to continue this laudable

record. However, the Committee observes that PTO administrative

expenses may be rising unnecessarily. The Committee notes that

the agency’s human resources office has 40 GS–13s through GS–

15s supervising 60 other personnel, but that office had to acquire

contractors simply to file 3 years of personnel actions that the office itself could not. The Committee expects that the PTO will take

appropriate steps to ensure its administrative resources are sufficient but not extravagant.

SCIENCE AND TECHNOLOGY

The Committee has included under this section of Title II the Department of Commerce agencies involved in technology research

and development, scientific assessment and prediction of environ-
86

mental phenomena, and the administrative and policy functions

providing oversight for these activities.

TECHNOLOGY ADMINISTRATION

UNDER SECRETARY FOR TECHNOLOGY/OFFICE OF TECHNOLOGY POLICY

SALARIES AND EXPENSES

Appropriations, 2001 ............................................................................. $8,062,000

Budget estimate, 2002 ........................................................................... 8,238,000

Committee recommendation ................................................................. 8,238,000

The Committee recommends an appropriation of $8,238,000. The

recommendation is identical to the budget request and will fully

fund the current operations of the Technology Administration.

NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

Appropriations, 2001 ............................................................................. $597,016,000

Budget estimate, 2002 ........................................................................... 487,447,000

Committee recommendation ................................................................. 696,526,000

The Committee recommends a total of $696,526,000 for the three

appropriations accounts under the National Institute of Standards

and Technology [NIST]. The recommendation is $209,079,000 above

the budget request. A description of each account and the Committee recommendation follows:

SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES

Appropriations, 2001 ............................................................................. $311,929,000

Budget estimate, 2002 ........................................................................... 347,006,000

Committee recommendation ................................................................. 343,296,000

The Committee recommends an appropriation of $343,296,000. The recommendation is $3,992,000 below the budget request.

The Committee recommendations are displayed in the following

table:

Electronics and Electrical Engineering ................................................ $41,132,000

Manufacturing Engineering .................................................................. 20,352,000

Chemical Science and Technology ........................................................ 38,712,000

Physics .................................................................................................... 37,054,000

Material Science and Engineering ....................................................... 62,532,000

Building and Fire Research .................................................................. 19,982,000

Computer Science and Applied Mathematics ...................................... 56,478,000

Technology Assistance ........................................................................... 17,679,000

National Quality Program .................................................................... 5,403,000

Research Support Activities .................................................................. 43,972,000

Total, STRS ................................................................................. 343,296,000

Within the amounts provided, the Committee approves the fol- lowing increases: (1) $1,000,000 in the Manufacturing Engineering

Program for the development of standards pertaining to the exchange of electronic data; (2) $4,000,000 in the Physics program to

provide measurements, standards, and test methods for the development of advanced nanotechnologies; (3) $4,000,000 in the Computer Science and Applied Mathematics program to develop new

measurements, test methods, and guidelines for the protection of

the Nation’s critical infrastructures; (4) $2,000,000 in the Chemical

Science and Technology Program to further develop measurement

standards for in-vitro diagnostics; and (5) $4,000,000 in the Com-
87

puter Science and Applied Mathematics Program for quantum computing. The Committee does not recommend funding for the Critical Infrastructure Protection Grants Program. The Advanced Technology Program was developed to evaluate these types of grant applications. No funding is provided for Commerce Department expert review teams. Presidential Decision Directive # 63 clearly suggests that every department and agency of the Federal Government

shall be responsible for protecting its own critical infrastructure,

especially its cyber-based systems. While the program is laudable,

it is clearly not the responsibility of the Department of Commerce

to provide computer security to other Federal agencies; and, (4)

under the Wind Research Program, the Committee recommends

$2,000,000 for wind engineering and $2,500,000 to continue funding an existing cooperative agreement between NIST and Texas

Tech University.

INDUSTRIAL TECHNOLOGY SERVICES

Appropriations, 2001 ............................................................................. $250,285,000

Budget estimate, 2002 ........................................................................... 119,266,000

Committee recommendation ................................................................. 309,337,000

The Committee recommends an appropriation of $309,337,000. The recommendation is $190,071,000 above the budget request.

Manufacturing Extension Partnership Program [MEP].—The

Committee recommends an appropriation of $105,137,000 to fully

fund all of the MEP centers. The Committee recommends bill language to authorize the Secretary of Commerce to enter into agreements with nonprofit organizations to carry out collective research

and development initiatives through the MEP. In addition, this

language authorizes the Secretary to seek and accept contributions

from public and private sources to support these efforts.

Advanced Technology Program [ATP].—The Committee recommends an appropriation of $204,200,000. The recommendation is

$191,208,000 above the budget request. This amount, when combined with approximately $11,000,000 in carryover, will fully fund

ATP awards at current levels. Within the amounts made available,

$45,200,000 shall be used for administrative costs, internal laboratory support, and for Small Business Innovation Research Program

[SBIR] requirements.

The Committee notes that the Advanced Technology Program

has been extensively reviewed. Since the inception of the ATP,

there have been 52 studies conducted on the efficacy and merits of

the program. The General Accounting Office has conducted 14

studies; 10 studies have been completed by the Department of

Commerce, Office of the Inspector General; former Secretary of

Commerce William Daley sponsored a 60-day study, and the National Research Council published, ‘‘ATP: Challenges and Opportunities’’ in 1999, and, ‘‘ATP: Assessing Outcomes’’ in 2001. In addition, 25 studies have been done by ATP’s economic assessment office. These assessments reveal that the ATP does not fund projects

that otherwise could have been financed in the private sector.

Rather, the ATP facilitates so called ‘‘valley of death’’ projects that

private capital markets are unable to fund.

ATP has put a number of safeguards in place to ensure program

funding does not replace private, venture capital funding. Since the
88

1998 competition, the ATP application form has included asking

applicants to describe what efforts were made, prior to applying for

ATP funding, to secure private capital for the project. In addition,

this issue is addressed in oral reviews of project semifinalists.

The Committee maintains that the government should play a

role in choosing promising technologies to fund. From the telegraph

to the Internet to biomedical research, government investment has

spurred the development of new technologies and new fields which

have had great impact on and held enormous benefit for the American people. According to the National Academy of Sciences’ National Research Council, ATP’s approach is funding new technologies that can contribute to important societal goals. For example, ATP supported GE Medical Systems in the development of a

new method of producing large-area, flat-panel amorphous silicon

detectors for X-rays. The research significantly reduced the number

of processing steps required to manufacture the panels and increased the yield. The panels are the heart of a new digital mammography system which was one of the biggest breakthroughs in

mammography in 20 years. In the sense that it was possible to

manufacture these panels before, the broad research goal was not

unique. However, the innovative technology was unique, and its development is making digital mammography more affordable and

more widely available to women.

The Committee concurs with the June 2001 National Academy of

Sciences assessment; the many well-documented individual case

studies; the Secretary’s 1997 review; the February 1998 Development, Commercialization, and Diffusion Study; and the March

1999 review of the Performance of Completed Projects, all of which

find that the ATP is a valuable and well-managed innovation program.

In the budget request, the administration proposed a gradual

phasing out of the Advanced Technology Program. The Committee

does not recommend this approach and is concerned that the ATP

awarding process could be purposely hindered as a result of this

difference of opinion. Therefore, the Committee directs the Department of Commerce to submit a written plan on how it intends on

making timely ATP awards in fiscal year 2002. This plan should

be submitted to the Appropriations Subcommittees on Commerce,

Justice, State and the Judiciary before any funds are obligated for

Department of Commerce, Departmental Management.

CONSTRUCTION OF RESEARCH FACILITIES

Appropriations, 2001 ............................................................................. $34,802,000

Budget estimate, 2002 ........................................................................... 20,893,000

Committee recommendation ................................................................. 43,893,000

The Committee recommends an appropriation of $43,893,000.

The recommendation is $23,000,000 above the budget request and

fully funds the highest priority safety, capacity, maintenance, and

repair projects at NIST. Of the amounts provided, $5,000,000 is

provided for wiring improvements at the NIST research facility in

Boulder, CO.
89

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

(INCLUDING TRANSFERS OF FUNDS)

Appropriations, 2001 ............................................................................. $3,040,789,000

Budget estimate, 2002 ........................................................................... 3,063,600,000

Committee recommendation ................................................................. 3,349,685,000

The Committee recommends an appropriation of $3,349,685,000

for National Oceanic and Atmospheric Administration [NOAA], of

which $7,000,000 is mandatory spending. Transfers total

$71,000,000. This amount provided includes $251,000,000 for programs in the conservation spending category. The recommendation

is $286,085,000 above the budget request. During this time of continued budgetary constraint, the Committee recommendation continues to make funding for ocean, coastal, fisheries, and atmospheric programs a high priority.

As in past years, the Committee expects NOAA and the Department of Commerce to adhere to the direction given in this section

of the Committee report and to observe the reprogramming procedures detailed in section 605 in the general provisions of the accompanying bill. Bill language is included that authorizes a NOAA

Business Management Fund.

The Committee supports NOAA’s efforts to restructure and simplify its budgetary request. The Committee commends the five line

offices and NOAA’s budget office for their efforts in realigning the

various programs funded and for bringing transparency to their

budget proposals. As a result of these efforts, the Committee recommendations by program are reflected in a new series of tables.

In many cases, these tables replace report language carried in previous Committee Reports regarding programs, projects, and activities. The Committee considers these tables binding. The Committee

advises NOAA to seek the Committee’s guidance if it is unsure on

any matter reflected in the tables. The Committee directs NOAA

to continue its restructuring efforts and expects the fiscal year

2003 budget request to reflect the changes contained within these

tables. The Committee continues to support NOAA as one integrated agency and in no way intends for this restructuring to create separate appropriations for each of NOAA’s line offices.

OPERATIONS RESEARCH, AND FACILITIES

The Committee recommends discretionary appropriations of $2,267,705,000 for operations, research, and facilities for fiscal year

2002. The recommendation is $87,396,000 above the budget request. Of this amount, $33,650,000 is provided for conservation.

Ocean Observing System.—The Committee maintains a strong interest in an integrated interagency ocean observing system. Such

a system would bring together Federal, academic, and state institutions, and industry into a coordinated system for monitoring U.S.

marine waters. A coordinated national approach, linked effectively

with similar programs in other nations, is an essential prerequisite

for effective use and management of the oceans. The nation cannot

realize the economic, social, and security benefits of the oceans in

a responsible, sustainable manner without such a program. A number of agencies including the White House Office of Science and

Technology Policy, NOAA, the National Science Foundation, and
90

the Office of Naval Research have varying interests and responsibilities in this area. The Committee directs the relevant agencies

to work through the National Science and Technology Council and

the National Oceanographic Partnership Program to develop an

interagency plan for an ocean observing system and submit this report to the Committee with the President’s fiscal year 2003 budget

request.

NOAA Operations, Research, and Facilities Fiscal Year 2002

Committee

Recommendation

National Ocean Service ......................................................................... $447,240,000

National Marine Fisheries Service ....................................................... 555,775,000

Oceanic and Atmospheric Research ..................................................... 367,630,000

National Weather Service ..................................................................... 668,620,000

National Environmental, Satellite and Information Services ............ 150,515,000

Program Support ................................................................................... 162,925,000

Total Operations, Research, and Facilities ............................... 2,267,705,000

NATIONAL OCEAN SERVICE

[In thousands of dollars]

Committee

recommendation

Navigation Services:

Mapping & Charting:

Base .................................................................................................... 37,015

Electronic Navigational Charts ........................................................ 5,455

Shoreline Mapping ............................................................................ 3,000

Coastal Storms .................................................................................. 1,000

Joint Hydrographic Center ............................................................... 3,580

N.C. Floodplain Mapping Pilot ......................................................... 5,000

Address Survey Backlog/Contracts .................................................. 30,000

Subtotal, Mapping & Charting ..................................................... 85,050

Geodesy:

Base .................................................................................................... 21,550

National Spacial Reference System ................................................. 500

Height Modenization Study—NGS Implementation ...................... 250

Height Modernization Study—NC ................................................... 1,000

Height Modernization Study—CA Spatial Reference Center ........ 1,000

S. Carolina Geodetic Survey ............................................................. 500

Subtotal, Geodesy .......................................................................... 24,800

Tide & Current Data:

Base .................................................................................................... 13,250

PORTS ................................................................................................ 3,000

Coastal Storms .................................................................................. 1,000

Subtotal, Tide & Current Data ..................................................... 17,250

Total, Navigation Services ............................................................ 127,100

Ocean Resources Conservation & Management:

Estuarine and Coastal Assessment:

Ocean Assessment Program:

Base ............................................................................................. 13,610

American Museum of Natural History Research and Conservation .................................................................................. 1,000

Coastal Observation Technology System ................................. 12,000

Coastal Storms ........................................................................... 1,000

Beaufort/Oxford .......................................................................... 4,500
91

Committee

recommendation

Pfiesteria and HAB Rapid Response ........................................ 3,925

South Florida Ecosystem ........................................................... 900

Coastal Services Center ............................................................. 18,000

Pacific Coastal Services Center ................................................ 2,000

Coastal Change Analysis ........................................................... 3,000

Coral Reef Program ................................................................... 20,000

Harmful Algae Blooms .............................................................. 5,000

Harmful Algal Bloom Research—SC Department of Marine

Resources ................................................................................. 600

CICEET ....................................................................................... 7,000

National Coral Reef Institute—Hawaii .................................... 1,000

National Coral Reef Institute—Florida .................................... 1,000

National Fish and Wildlife Foundation .................................... 1,000

JASON Foundation .................................................................... 2,500

National Ocean Science Education Program ........................... 2,000

Narragansett Explore the Bay Program .................................. 2,500

Aquaculture Education Program—Cedar Point, MS ............... 2,000

May River Ecosystem ................................................................ 100

New Bedford Oceanarium Research Program ......................... 3,000

Subtotal, Ocean Assessment Program .................................. 107,635

Response and Restoration:

Base ............................................................................................. 1,710

Estuarine and Coastal Assessment .......................................... 2,670

Estuary Restoration Program ................................................... 2,000

Damage Assessment Program ................................................... 5,200

Oil Pollution Act of 1990 ........................................................... 1,000

Coastal Protection and Restoration Project ............................. 31,000

Spill Response and Restoration Program ................................. 2,000

Oil Skimmer—NH ...................................................................... 250

Marsh Restoration—NH ............................................................ 1,000

Coastal Remediation Technology .............................................. 1,000

Palmyra Atoll Bioremediation .................................................. 750

Pribilof Island Cleanup .............................................................. 10,200

Subtotal, Response and Restoration ..................................... 58,780

Ocean and Coastal Research:

Base ............................................................................................. 6,000

Fish Forensics/Enforcement ...................................................... 1,300

MEHRL ....................................................................................... 1,950

Pfiesteria/Toxins Research ........................................................ 1,000

Subtotal, Ocean and Coastal Research ................................. 10,250

Subtotal, Estuarine and Coastal Assessment ...................... 176,665

Coastal Ocean Program:

Base ............................................................................................. 12,890

ECOHAB ..................................................................................... 4,200

Hypoxia ....................................................................................... 1,085

Long-Term Estuary Assessment Consortium .......................... 1,200

Mississippi River/Gulf of Mexico Nutrient Watershed ........... 2,000

South Carolina Sea Grant ......................................................... 1,200

Subtotal, Coastal Ocean Program ......................................... 22,575

Total, Ocean Resources Conservation & Assessment .......... 199,240

Ocean and Coastal Management:

Coastal Management:

CZM grants ........................................................................................ 65,500

Program Administration ................................................................... 3,000

National Estuarine Research Reserve System ............................... 16,400
92

Committee

recommendation

Nonpoint Pollution Implementation Grants ................................... 2,000

Marine Protected Areas .................................................................... 3,000

Subtotal, Coastal Management .................................................... 89,900

Marine Sanctuary Program:

Base .................................................................................................... 30,000

Northwest Straits Citizens Advisory Commission ......................... 1,000

Subtotal, Marine Sanctuary Program .......................................... 31,000

Total, Ocean and Coastal Management ....................................... 120,900

Total, National Ocean Service ...................................................... 447,240

Some of the Committee recommendations displayed in the table

above are described in more detail in the following paragraphs.

The Committee recommends an appropriation of $447,240,000 for

the National Ocean Service [NOS]. The recommendation is

$82,754,000 above the budget request.

The Committee has provided bill language that allows the Secretary to proceed as he deems necessary to have NOAA occupy and

operate its research facilities in Lafayette, Louisiana.

Navigation.—The Committee recommends $5,455,000 for Electronic Navigational Charts. Of this amount, the Committee recommends $1,900,000 to create a catalog of electronic navigational

charts for Alaska. Of the amounts provided for the Joint Hydrographic Center, $1,000,000 is for a study to analyze the data needs

for developing a U.S. claim beyond the 200 nautical mile Exclusive

Economic Zone. This report will be submitted to Congress by May

31, 2002, and will identify existing data, data gaps, survey costs,

and contracting opportunities to prepare a U.S. claim.

Ocean Resources Conservation and Management.—The Committee directs the National Ocean Service to establish a Coastal

Observation Technology System. This program shall provide a national framework, technical assistance, and support for sustained

coastal observation systems. Among the entities with which the

National Ocean Service is directed to engage are the Alliance for

Coastal Technologies, Center for Integrated Marine Technologies,

the University of New Hampshire Sea Grant program, and other

regional organizations as appropriate. Regarding this activity, the

Secretary and the National Ocean Service have the authority to

transfer funds and enter into agreements with any entity, including other Federal agencies. The Committee recommendation includes $12,000,000 for this program, of which $3,000,000 is for the

Alliance for Coastal Technologies; $3,000,000 is for the Center for

Integrated Marine Technologies, and $3,000,000 is for the University of New Hampshire Sea Grant program. Funding for this activity is from the conservation category.

The Committee recommendation includes an additional

$1,000,000 for the Oxford laboratory to fill three full-time equivalents and purchase new lab equipment. The Committee recommendation includes $20,000,000 for the Coral Reef Program. Of

this amount, the Committee recommendation includes $6,000,000

to convert a T–AGS vessel to support the research, monitoring, assessment, restoration, and outreach needs of the National Ocean
93

Service in waters around the Hawaiian Islands and the American

Flag Territories, including support for sanctuary activities. Under

Response and Restoration, $1,000,000 is provided for Coastal Remediation Technology to develop a cooperative program with the

Cooperative Institute for Coastal and Estuarine Environmental

Technology to evaluate innovative environmental technologies for

estuary remediation. Of the $1,950,000 provided for the Marine Environmental Health and Research Laboratory, the Committee recommendation includes $450,000 for the Murrells Inlet Special Area

Management Plan. Under funding for the Coastal Ocean Program,

the Committee directs the program to work with and continue its

current levels of support for the Baruch Institute’s research and

monitoring of small, high-salinity estuaries.

Ocean and Coastal Management.—The Committee is concerned

that the Federal Coastal Zone Management Program has not adequately identified State practices that may contribute to coastal

hazards. The NOAA is to provide a report to the Committees on

Appropriations by September 15, 2001, that identifies States with

Federally approved Coastal Management Programs with policies

that allow for the readjustment of beachfront zoning, building baselines, and setback regulations based upon shoreline accretion and

erosional characteristics. This report will specifically identify those

States with policies that allow artificial shoreline accretion and

beach nourishment to be the basis for modifying placement of

beachfront zoning lines, baselines, and construction setback mechanisms.

The Committee recommendation includes $3,000,000 for marine

protected areas. The Committee notes that a national discussion on

the potential of marine protected areas to protect the country’s marine resources is merited. The Committee is concerned, however,

that the nature of this discussion could be limited only to the input

of Federal officials and ignore the true stakeholders and users of

these resources. The Committee strongly recommends that NOAA

seek broad input from commercial and sport fishermen as well as

from scientists, fisheries experts, and environmentalists before rendering any decisions or making any recommendations to the Secretary of Commerce or to the Congress on the matter of creating

marine protected areas. NOAA will submit a spending plan to the

Committees on Appropriations on how it intends to engage the

above groups before any of the funds for marine protected areas are

obligated. Finally, the Committee notes that NOAA skillfully facilitated a broad discussion regarding the Tortugas Ecological Reserves in Florida and recommends that similar approaches to designating marine protected areas be applied in the future.

The Committee encourages NOAA to continue its work with the

Mariner’s Museum and the Navy on efforts to recover and preserve

the Monitor. The Committee does not recommend funding for the

Sustainable Seas Expedition. During this time of budgetary constraint, it is critical that NOAA use limited staff time and days at

sea judiciously in order to fulfill its core scientific and research

missions. To date, NOAA has requested $1,500,000 for the Sustainable Seas Expedition and spent over $10,000,000. It appears that

NOAA did not adhere to section 605 of this bill. Furthermore, the

Committee expects that no ship time will be allocated to the Sus-
94

tainable Seas Expedition. The Committee has provided $14,000,000

in Oceanic and Atmospheric Research for Ocean Exploration. This

investment will allow for a cross-agency, multi-institution partnership with a common goal of discovery and exploration of the last

major frontier on Earth. This activity should replace the Sustainable Seas Expedition as NOAA’s investment in undersea exploration, research, and technology in both the deep ocean and areas

of special concern, such as the National Marine Sanctuaries.

NATIONAL MARINE FISHERIES SERVICE

[In thousands of dollars]

Committee

recommendation

Fisheries Research and Management Services:

Science and Technology:

Base .................................................................................................... 64,725

AKFIN ................................................................................................ 3,500

Alaska Fisheries Development Foundation .................................... 1,750

Alaska Groundfish Monitoring—Base ............................................. 2,090

Alaska Groundfish Monitoring—Bering Sea Fishermen ............... 150

Alaska Groundfish Monitoring—Crab Research ............................ 850

Alaska Groundfish Monitoring—Gulf of Alaska Coastal Communities ............................................................................................... 175

Alaska Groundfish Monitoring—NMFS Field Fishery Monitoring ................................................................................................... 300

Alaska Groundfish Monitoring—NMFS Rockfish Research .......... 350

Alaska Groundfish Monitoring—Rockfish Research/Crab ............. 240

Alaska Groundfish Monitoring—State of AK Crab, Scallop License Limitation ............................................................................ 1,600

Alaska Groundfish Monitoring—Winter Pollock Survey ............... 1,000

Alaska Groundfish Surveys—Base .................................................. 1,500

Alaska Groundfish Surveys—Calibration Studies .......................... 250

American Fisheries Act—Base ......................................................... 3,525

Atlantic Herring and Mackerel ........................................................ 200

Bering Sea Pollock Research ............................................................ 945

Bluefin Tuna Tagging ....................................................................... 850

Bluefish/Striped Bass—Base ............................................................ 700

Charleston Bump Billfish Tagging .................................................. 150

Chinoock Salmon Research at Auke Bay ........................................ 300

Computer Hardware and Software .................................................. 3,500

Cooperative Research—National Cooperative Research ................ 3,000

Cooperative Research—SE Cooperative Research .......................... 3,000

Driftnet Act Implementation—Base ................................................ 1,800

Driftnet Act Implementation—Pacific Rim Fisheries .................... 150

Driftnet Act Implementation—Science Observer Russian EEZ .... 250

Driftnet Act Implementation—State Participation AK/WA ........... 200

Expand Stock Assessments—Improve Data Collection .................. 15,000

Fish Statistics—Atlantic Coastal Cooperative Statistics Program ................................................................................................ 3,000

Fish Statistics—Base ........................................................................ 13,900

Fish Statistics—Economics and Social Sciences Research ............ 3,365

Fish Statistics—National Fisheries Information System .............. 5,000

Fish Statistics—National Standard 8 .............................................. 1,000

Fisheries Development Program—HI Fisheries Development ...... 1,000

Fisheries Development Program—Product Quality and Safety/

Seafood Inpsection ......................................................................... 8,685

Fisheries Oceanography .................................................................... 1,500

GULFFIN Data Collection Effort ..................................................... 3,500

Gulf of Maine Groundfish Survey .................................................... 570

Gulf of Mexico Consortium ............................................................... 4,000

Hawaii Stock Management Plan ...................................................... 500

Highly Migratory Shark Fishery Research Program ..................... 1,950

Impact on Ocean Climate Shifts (OAR) .......................................... 6,000

Information Analysis & Dissemination ........................................... 21,890
95

Committee

recommendation

Joint Institute for Marine and Atmospheric Research (JIMAR) ... 3,000

Lobster Sampling .............................................................................. 150

Magnuson-Stevens Implementation AK .......................................... 4,350

MARFIN—Base ................................................................................. 2,500

MARFIN—NE Activities ................................................................... 250

MARFIN—Red Snapper ................................................................... 750

MarMap .............................................................................................. 850

NE Cooperative Research ................................................................. 5,000

NEC Cooperative Marine Education and Research ....................... 200

New England Stock Depletion ......................................................... 1,000

NMFS Cooperative Research Implementation ................................ 3,500

NMFS Facilities Maintenance .......................................................... 4,400

Northeast Consortium Cooperative Research ................................. 5,000

Observers/Training—Alaska Marine Mammals ............................. 100

Observers/Training—Atlantic Coast Observers .............................. 3,350

Observers/Training—California Longline ....................................... 100

Observers/Training—East Coast Observers .................................... 350

Observers/Training—Hawaii Longline Observer Program ............ 4,000

Observers/Training—NE Groundfish Trawl ................................... 150

Observers/Training—N. Pacific Marine Resources Observers ....... 1,875

Observers/Training—N. Pacific Observer Program ........................ 800

Observers/Training—SE Shark ........................................................ 125

Observers/Training—National Special Projects .............................. 25

Observers/Training—West Coast Observers ................................... 4,875

PACFIN Catch Effort Data .............................................................. 3,000

Pacific Highly Migratory Species Research ..................................... 1,000

Predator Prey Relationships (NOS) ................................................. 2,000

Recreational Fishery Harvest Monitoring ....................................... 3,700

Red Snapper Monitoring and Research ........................................... 7,500

SEAMAP ............................................................................................ 1,400

Shrimp Pathogens ............................................................................. 300

South Carolina Taxonomic Center ................................................... 350

Steller Sea Lion/Pollock Research—N. Pacific Council .................. 2,000

West Coast Groundfish ..................................................................... 5,070

Subtotal, Science and Technology ................................................ 260,930

Conservation and Management:

Base .................................................................................................... 7,710

Alaska Near Shore Fisheries ............................................................ 1,250

American Fisheries Act—Base ......................................................... 2,175

American Fisheries Act—N. Pacific Council ................................... 500

American Fisheries Act—State of Alaska ....................................... 500

Anadromous Grants .......................................................................... 2,100

Anadromous Fish Commission—North Pacific ............................... 1,000

Bering Sea Crab ................................................................................ 1,500

Cooper River Corridor Management ................................................ 250

Fisheries Management Programs .................................................... 31,255

Habitat Conservation ........................................................................ 65

Halibut/Sablefish ............................................................................... 1,200

Hawaii Community Development .................................................... 500

Interjurisdictional Fisheries Grants ................................................ 2,590

International Fisheries Commissions .............................................. 400

Interstate Fish Commissions—3 Commissions ............................... 750

Interstate Fish Commissions—Atlantic Cooperative Management ................................................................................................ 7,250

Kotzebue Sound Test (King Crab & Sea Snail) .............................. 200

Magnuson-Stevens Implementation—AK ....................................... 2,050

Management of George’s Bank ........................................................ 480

National Environmental Policy Act (NEPA) ................................... 5,000

National Environmental Policy Act (NEPA)—Hawaiian Sea Turtles .................................................................................................. 3,000

Oregon Groundfish Outreach Program ........................................... 2,000

Regional Councils .............................................................................. 15,650

Yukon River Chinook Salmon—Base .............................................. 1,000
96

Committee

recommendation

Yukon River Drainage Fisheries Association .................................. 500

Subtotal, Conservation and Management ................................... 90,875

Total, Fisheries Research and Management Services ................ 351,805

Protected Resources Research and Management Services:

Science and Technology:

Base .................................................................................................... 11,985

Antarctic Research ............................................................................ 2,000

Atlantic Salmon Research ................................................................ 710

Columbia River—Endangered Species Studies ............................... 300

Data Collection—HI Sea Turtle Research ....................................... 3,000

Dolphin Encirclement ....................................................................... 3,300

Dolphin/Yellowfin Tuna Research .................................................... 250

Endangered Species Act—Atlantic Salmon ..................................... 3,000

Endangered Species Act—Marine Mammals .................................. 4,500

Endangered Species Act—Other Species ......................................... 2,700

Endangered Species Act—Right Whale Activities .......................... 2,250

Endangered Species Act—Right Whale Activities NE Consortium .................................................................................................. 1,000

Endangered Species Act—Sea Turtles ............................................ 6,340

Endangered Species Act—Steller Sea Lions ................................... 850

Habitat Conservation ........................................................................ 4,600

Hawaiian Monk Seals ....................................................................... 800

Hawaiian Sea Turtles ....................................................................... 300

Marine Mammal Protection—Base .................................................. 2,640

Marine Mammal Protection—AK Harbor Seal Research .............. 1,000

Marine Mammal Protection—Erysipelas Research ........................ 250

Protected Species Management—Base ............................................ 5,275

Protected Species Management—Bottlenose Dolphin Research ... 2,000

Rancho Nuevo Sea Turtles ............................................................... 350

Steller Sea Lion Recovery Plan—AK Sea Life Center ................... 8,000

Steller Sea Lion Recovery Plan—Base ............................................ 12,300

Steller Sea Lion Recovery Plan—N. Pacific University Marine

Mammal Consortium ..................................................................... 5,000

Steller Sea Lion Recovery Plan—University of AK Gulf Apex

Predator .......................................................................................... 1,000

Steller Sea Lion Recovery Plan—Alaska Fisheries Foundation .... 500

Subtotal, Science and Technology ................................................ 86,200

Conservation and Management Services:

Base .................................................................................................... 4,985

Atlantic Salmon Recovery Plan ........................................................ 450

Chinook Salmon Management ......................................................... 150

Cook Inlet Beluga .............................................................................. 300

Endangered Species Act—Atlantic Salmon ..................................... 500

Endangered Species Act—Right Whale Activities .......................... 2,250

Endangered Species Act—Right Whale Cooperative State

Plans ............................................................................................... 1,500

Habitat Conservation ........................................................................ 1,760

Marine Mammal Protection—Base .................................................. 4,585

Marine Mammal Strandings ............................................................ 4,000

Marine Mammal Strandings—Charleston Tissue Bank ................ 800

Native Marine Mammals—AK Eskimo Whaling Commission ...... 400

Native Marine Mammals—Aleut Pacific Marine Resources Observers ............................................................................................ 125

Native Marine Mammals—Beluga Whale Committee ................... 225

Native Marine Mammals—Bristol Bay Native Asso ...................... 50

Native Marine Mammals—Alaska Native Harbor Seal Commission .................................................................................................. 150

Protected Species Management—Base ............................................ 3,235

Protected Species Management—California Sea Lions .................. 750

Protected Species Management—NFWF Species Management .... 1,000
97

Committee

recommendation

Protected Species Management—State of Maine Salmon Recovery ................................................................................................... 5,000

Southeastern Sea Turtles ................................................................. 300

State of Maine Recovery Plan .......................................................... 150

Steller Sea Lion Recovery—State of Alaska Work ......................... 2,500

Subtotal, Conservation and Management Services .................... 35,165

Subtotal, Protected Resources Research and Management

Services ....................................................................................... 121,365

Habitat Conservation:

Sustainable Habitat Management:

Base .................................................................................................... 2,000

Blue Crab Research Consortium ...................................................... 2,000

Charleston Bump .............................................................................. 300

Chesapeake Bay Multi-Species Management ................................. 500

Chesapeake Bay Oyster Research ................................................... 850

Chesapeake Bay Studies ................................................................... 3,000

Chesapeake Bay Environmental Education Program .................... 1,200

Coral Reef .......................................................................................... 11,000

Habitat Conservation ........................................................................ 2,960

Magnuson-Stevens Implementation—AK ....................................... 850

Mobile Bay Oyster Recovery ............................................................ 1,000

Subtotal, Sustainable Habitat Management ............................... 25,660

Fisheries Habitat Restoration ................................................................. 12,400

Subtotal, Habitat Conservation ........................................................... 38,060

Enforcement and Surveillance:

Enforcement:

Driftnet Act Implementation/Base ........................................... 1,375

Enforcement and Surveillance—Base ...................................... 20,420

Enforcement and Surveillance—Cooperative agreements

with States .............................................................................. 2,500

Enforcement and Surveillance—Vessel Monitoring System ... 5,000

Subtotal, Enforcement ........................................................... 29,295

Cooperative Enforcement Programs:

Enforcement and Surveillance—Cooperative agreements

with States .............................................................................. 15,000

NH Fish & Game Enforcement Vessel ..................................... 250

Subtotal, Cooperative Enforcement Programs ..................... 15,250

Subtotal, Enforcement and Surveillance .............................. 44,545

Total, National Marine Fisheries Service ............................. 555,775

Some of the Committee recommendations displayed in the table

above are described in more detail in the following paragraphs. The Committee recommends an appropriation of $555,775,000 for

the National Marine Fisheries Service [NMFS]. The recommendation is $42,261,000 below the budget request. The Committee has

included bill language directing NMFS to obligate $6,000,000 to the

NOAA Office of General Counsel. This will enable the Under Secretary and Associate Offices to remain fully funded. The Committee

directs that this realignment will only come from NMFS base

funds.
98

The Committee observes that there are opportunities to significantly improve the regulatory processes of the National Marine

Fisheries Service. Currently, NMFS handles each Endangered Species Act or National Environmental Policy Act case on an ad hoc

basis, causing unnecessary delays, unpredictable outcomes, and a

lack of accountability. The development and application of standardized practices would improve the quality and efficiency of regulatory decisions and raise the likelihood of success in litigation. The

Committee instructs NOAA and NMFS to develop and apply

throughout NMFS standardized practices for regulatory decisions.

Furthermore, the Committee recommends streamlining the process

by reducing the layers of review and concentrating the responsibility on qualified decision makers. The Committee expects to receive a plan for accomplishing these objectives by December 15,

2001, followed by quarterly reports of progress against these objectives.

The Committee remains concerned that NMFS has become overburdened by lawsuits regarding a variety of issues related to fisheries and protected species, including the Steller sea lion and the

Northern right whale. In order to assist the Committee in assessing this trend, NMFS is directed to provide a quarterly status report on pending litigation.

Cooperative activities by Federal and State agencies are a vital

part of conservation programs for many endangered and threatened

species under the jurisdiction of the National Marine Fisheries

Service. Among other things, state agencies offer knowledge, personnel, expertise, resources, and the legal authority to help carry

out urgent research and management tasks. The Committee encourages NOAA to examine the existing and potential role of state

agencies in carrying out recovery program tasks for Hawaiian

monk seals, right whales, and other endangered or threatened marine species under the jurisdiction of the Secretary of Commerce.

Where appropriate and not already in effect, the Committee encourages NOAA to develop cooperative agreements with states

under section 6 of the Endangered Species Act to establish or clarify state agency involvement in those recovery programs. The Committee expects NOAA to request appropriations in their fiscal year

2003 budget under section 6 to support cooperative state activities

that contribute to the recovery of endangered marine species.

In the past, Congress provided $7,000,000 under Magnuson-Stevens Act for the Pribilof Islands to address the severe economic impact caused by precipitous decline in crab stocks in the Bering Sea.

The Committee is concerned that the economy of the village of St.

George was so adversely impacted, it has not been able to provide

the required local match and has not been able to access the economic recovery funds. The Committee has included bill language

waiving the match consistent with Interjurisdictional Fisheries Act.

Out of base funds budgeted for the Southwest Regional Office

[SWR], the Committee provides $1,000,000 for the Pacific Islands

Area Office [PIAO] for administrative costs associated with the

transition of the PIAO to the Western Pacific Regional Office.

Within 30 days of date of enactment, SWR shall provide a report

identifying all funds expended in fiscal years 2000 and 2001 by the

SWR to support programs relating to Western Pacific region.
99

The Committee recommendation includes $7,000,000 for North

Atlantic right whale research and management activities. Of the

amount provided, $1,000,000 is for the Northeast Consortium to

complete funding of right whale research grants awarded in fiscal

year 2001; and, $1,500,000 is for Atlantic coastal states to implement cooperative federal-state right whale recovery plans, such as

those concluded under section 6 of the Endangered Species Act

[ESA]. The Committee strongly encourages NMFS to conclude ESA

section 6 agreements with coastal states of concern prior to fiscal

year 2003. The remaining $4,500,000 is for NMFS to expedite right

whale recovery in consultation with the Implementation Team and

the Take Reduction Team. The NMFS is expected to support priority management, enforcement, and ship strike prevention activities, including expedited development and deployment of innovative

fishing gear and whale tracking technologies, improved stranding

response and procedures, a whale-sighting advisory system, and a

mandatory ship-reporting system. No more than 20 percent of

funds provided to NMFS may be used for salaries of existing personnel. The Committee expects NMFS to submit a status report to

Congress describing its progress in meeting the priority recovery

goals established in the 5-year research and management plan, as

was requested in the fiscal year 2001 Conference Report. The Committee notes that this report has not been submitted for review by

the Appropriations subcommittee. None of the funds for right

whale activities may be obligated until this report has been approved.

The Committee supports NMFS’s efforts to address international

conservation and recovery of sea turtles through an international

bycatch strategy under Magnuson-Stevens Act Section 202(h),

which calls for the Secretary of State, in cooperation with the Secretary of Commerce, to seek international agreements to establish

standards and measures for bycatch reduction that are comparable

to U.S. standards. International action is urgently needed in the

international longline fishery, particularly in the Pacific region. In

furtherance of this goal, the Committee directs NMFS, in cooperation with the Department of State, to work with other nations and

industry, including the Asia-Pacific Economic Cooperation Forum,

to develop alternative fishing technologies and practices designed

to reduce incidental capture mortality of sea turtles in the international longline fleet. NMFS is urged to convene preparatory

meetings on gear development, particularly in the Pacific region,

prior to the technical workshop scheduled for 2002 to ensure that

agreement on alternative gear research and data sharing, including

timetables for specific action, can be concluded at this workshop.

The Department of Commerce and Department of State shall report back on the status of these efforts within 90 days of enactment

of this Act. The Committee recommendation includes $500,000

under NOAA ‘‘Executive Direction and Administration’’ for travel

expenses associated with this effort.

Fisheries Research and Management.—The Committee recommendation includes $5,000,000 for the National Fisheries Information System. The NMFS will submit a spending plan on the capabilities and out-year costs of this system before any funds for it

may be obligated. The Committee has provided $3,700,000 for the
100

recreational fishing information network [RecFIN] program, and

expects that the Pacific, Atlantic, and Gulf States shall each receive one-third of these funds with funding for inshore recreational

species assessment and tagging efforts in South Carolina. The

Committee expects that $250,000 will be used to continue the effort

to enhance the annual collection and analysis of economic data on

marine recreational fishing. The Committee recommends that the

$750,000 for the Interstate Fish Commissions be equally divided

among the three commissions. As in prior fiscal years, funds appropriated for the Hawaii Fisheries Development and Hawaii Stock

Management Plan programs shall be administered by the Oceanic

Institute.

Protected Resources Research and Management.—The Committee

recommendation provides $1,000,000 to Marine Mammal Protection—Alaska Harbor Seal Research to be split evenly between the

Alaska Sea Life Center and the Alaska Native Harbor Seal Commission.

Habitat Conservation.—The Committee recommendation includes

$3,000,000 for Chesapeake Bay Studies. In addition, the Committee

recommends that NOAA initiate a micro-grant program allowing

local governments and non-profit organizations to perform fisheries

and shellfish restoration on the Chesapeake Bay.

Enforcement and Surveillance.—The Committee recommendation

provides $250,000 for a fisheries enforcement vessel for the New

Hampshire Department of Fish and Game. This vessel should be

used equally for biological research and fisheries enforcement.

OCEANIC AND ATMOSPHERIC RESEARCH

[In thousands of dollars]

Committee

recommendation

Climate Research:

Laboratories & Joint Institutes:

Aeronomy Laboratory (Colorado) ..................................................... 8,090

Atlantic Oceanographic and Meterological Laboratory (Florida) .. 5,675

Air Resources Laboratory (CO, ID, NC, NV, TN) ........................... 3,440

Climate Diagnostic Center (Colorado) ............................................. 2,550

Climate Monitoring and Diagnostic Laboratory (Colorado) ........... 5,935

Environmental Technology Laboratory (Colorado) ......................... 240

Forecast Systems Laboratory (Colorado) ......................................... 155

Geophysical Fluid Dynamics Laboratory (New Jersey) ................. 14,190

Pacific Marine Environmental Laboratory (Washington) .............. 8,345

Space Environmental Center (Colorado) ......................................... 235

Subtotal, Laboratories & Joint Institutions ................................ 48,855

Climate & Global Change Program:

Climate and Global Change (Base) .................................................. 67,855

Variability beyond ENSO ................................................................. 1,000

Climate Forcing Agents .................................................................... 1,000

Accelerating Climate Models—IRI ................................................... 2,000

Subtotal, Climate & Global Change Program ............................. 71,855

Climate Observations & Services:

Climate Reference Network .............................................................. 3,000

Climate Data & Info and CLASS in PAC ....................................... 1,000

Baseline Observatories ..................................................................... 3,000

Ocean Observations/Ocean Systems ................................................ 4,350

Argo Floats ......................................................................................... 7,950
101

Committee

recommendation

Regional Assessments, Education and Outreach ............................ 1,850

Climate Change Assessments .......................................................... 650

Weather-Climate Connection ........................................................... 900

Carbon Cycle ...................................................................................... 2,300

Subtotal, Climate Observations & Services ................................. 25,000

Other Partnership Programs:

Central California Ozone Study ....................................................... 500

East Tennessee ozone study ............................................................. 300

AIRMAP ............................................................................................. 4,500

International Pacific Research Center (U of HI) ............................ 500

Subtotal, Other Partnership Programs ........................................ 5,800

Total, Climate Research ................................................................ 151,510

Weather & Air Quality Research:

Laboratories & Joint Institutes:

Aeronomy Laboratory (Colorado) ..................................................... 2,050

Atlantic Oceanographic and Meterological Laboratory (Florida) .. 3,910

Air Resources Laboratory (CO, ID, NC, NV, TN) ........................... 2,070

Climate Monitoring and Diagnostic Laboratory (Colorado) ........... 165

Environmental Technology Laboratory (Colorado) ......................... 6,845

Forecast Systems Laboratory (Colorado) ......................................... 10,615

Geophysical Fluid Dynamics Laboratory (New Jersey) ................. 3,070

National Severe Storms Labroratory (Oklahoma) .......................... 7,530

Pacific Marine Environmental Laboratory (Washington) .............. 260

Space Environmental Center (Colorado) ......................................... 7,220

Subtotal, Laboratories & Joint Institutes .................................... 43,735

U.S. Weather Research Program:

U.S. Weather Research Program Base (USWRP) ........................... 3,730

Space-Based Wind Profile Lidar Technology .................................. 1,000

Air Quality Forecasting Pilot Program ........................................... 4,000

High Resolution Temperature Forecasting Pilot Program ............ 5,000

Subtotal, U.S. Weather Research Program ................................. 13,730

Other Partnership Programs:

New England Air Quality Study ...................................................... 2,000

New England Airshed Pollution Analysis ....................................... 200

STORM (U. of N. Iowa) .................................................................... 1,000

Subtotal, Other Partnership Programs ........................................ 3,200

Total, Weather & Air Quality Research ...................................... 60,665

Ocean, Coastal, and Great Lakes Research:

Laboratories & Joint Institutes:

Atlantic Oceanographic and Meterological Laboratory (Florida) .. 2,720

AOML Coral Reef Watch .................................................................. 500

Environmental Technology Laboratory (Colorado) ......................... 445

Great Lakes Environmental Research Laboratory (Michigan) ...... 8,700

Pacific Marine Environmental Laboratory (Washington) .............. 7,390

Subtotal, Laboratories & Joint Institutes .................................... 19,755

National Sea Grant College Program:

National Sea Grant College Program Base ..................................... 56,400

Aquatic Nuisance Species/Zebra Mussel Research ......................... 3,000

Gulf of Mexico Oyster Initiative ....................................................... 1,000

Oyster Disease Research .................................................................. 2,000
102

Committee

recommendation

Sea Grant Fisheries Extension ........................................................ 3,000

Subtotal, National Sea Grant College Program .......................... 65,400

National Undersea Research Program (NURP):

National Undersea Research Program (NURP) Base .................... 13,850

National Institute for Undersea Science and Technology .............. 5,000

Subtotal, National Undersea Research Program ........................ 18,850

Ocean Exploration .................................................................................... 14,000

Other Partnership Programs:

Arctic Research .................................................................................. 3,650

Cultured Cobia Demonstration (VIMS) ........................................... 500

Carolina Coastal Ocean Observing and Prediction System ........... 2,800

Gulf of Maine Council ....................................................................... 750

Lake Champlain Research Consortium ........................................... 300

NISA/Ballast Water Demonstrations .............................................. 850

NISA/Prevent & Control Invasive Species ...................................... 800

NOAA Marine Aquaculture Program .............................................. 3,600

Cooperative Institute for New England Mariculture & Fisheries

(UNH) ............................................................................................. 4,000

Pacific Tropical Ornamental Fish .................................................... 500

Aquaculture Management Plan—RICRMC .................................... 1,600

SE Atlantic Marine Monitoring & Pred. Center (UNC) ................. 1,500

Tsunami Hazard Mitigation (incl. TWEAK) ................................... 3,800

Subtotal, Other Partnership Programs ........................................ 24,650

Total, Ocean, Coastal, & Great Lakes Research ......................... 142,655

High Performance Computing & Communications (HPCC) ................. 12,800

Total, NOAA Research .................................................................. 367,630

Some of the Committee recommendations displayed in the table

above are described in more detail in the following paragraphs.

The Committee recommends an appropriation of $367,630,000 for

Oceanic and Atmospheric Research. The recommendation is

$37,442,000 above the budget request.

Climate Observations and Services.—Of the amounts appropriated for Argo, no less than 275 floats shall be deployed. The

Committee recommends that with the funds provided for the Carbon Cycle line, at least one sampling site be established in New

Hampshire.

Weather and Air Quality Research.—Of the $3,730,000 provided

for the Weather Research Program base, the Committee recommends $500,000 for continued development of the 3–D ceilometer in Hawaii. In addition, the Committee recommendation includes $4,000,000 for a pilot air quality forecasting system to increase the operational efficiency of power plants while minimizing

their impact on air quality. The Committee recommendation also

includes $5,000,000 to operate a model and deploy meteorological

sensors to improve the daily temperature forecasts in a specific region. This will foster greater energy efficiency and more accurate

electrical load forecasting.

Ocean, Coastal, and Great Lakes Research.—Within the amount

provided for the Great Lakes Environmental Research Lab

(GLERL), the Committee recommends that NOAA support research
103

programs on aquatic invasive species mitigation and reduction in

the Lake Champlain Basin. In addition, the Committee recommends $500,000 for a study on the construction of an interagency facility owned by NOAA which would replace a leasing arrangement. The Committee recommends $13,850,000 for the National Undersea Research Program (NURP). Of the amount provided, $6,925,000 is for research conducted through the east coast

NURP centers and $6,925,000 is for the west coast NURP centers,

including the Hawaiian and Pacific Center and the West Coast and

Polar Regions Center. The Committee expects level funding will be

available for Aquarius, ALVIN, and program administration.

NATIONAL WEATHER SERVICE

[In thousands of dollars]

Committee

recommendation

Local Warnings and Forecasts:

Local Warnings and Forecasts Base ....................................................... 480,000

Alaska Data Buoys ................................................................................... 1,700

New England Data Buoys ........................................................................ 750

Sustain Cooperative Observer Network ................................................. 2,300

Mt. Washington Observatory .................................................................. 500

Susquehanna River Basin Flood System ................................................ 1,500

Aviation Forecasts .................................................................................... 35,600

Kentucky Mesonet .................................................................................... 2,000

Texas Mesonet .......................................................................................... 2,000

Subtotal, Local Warnings and Forecasts ............................................ 526,350

Advanced Hydrological Prediction Service .................................................... 1,500

WFO Maintenance ........................................................................................... 4,550

Weather Radio Transmitters:

Weather Radio Transmitters Base .......................................................... 2,320

NOAA Weather Radio Transmitters—ME ............................................. 350

NOAA Weather Radio Transmitters—NH ............................................. 230

NOAA Weather Radio Transmitters—SD .............................................. 400

NOAA Weather Radio Transmitters—WY ............................................. 500

North Dakota Ag Weather Network ....................................................... 270

Subtotal, Weather Radio Transmitters ............................................... 4,070

Central Forecast Guidance ............................................................................. 43,000

Systems Operation & Maintenance (O&M):

NEXRAD ................................................................................................... 40,000

ASOS ......................................................................................................... 12,650

AWIPS ....................................................................................................... 36,500

Total, Systems Operation & Maintenance .......................................... 89,150

Total, National Weather Service ......................................................... 668,620

Some of the Committee recommendations displayed in the table

above are described in more detail in the following paragraphs.

The Committee recommends an appropriation of $668,620,000 for

the National Weather Service [NWS] for operations, acquisitions,

and research. The recommendation is $10,164,000 above the request.

Local Warnings and Forecasts.—The ‘‘1995 Secretary’s Report to

Congress on Adequacy of NEXRAD Coverage and Degradation of
104

Weather Services’’ requested further studies of several sites, including Williston, ND and Erie, PA. The Committee provided funds to

begin mitigation in fiscal year 1999 at these sites. The Committee

has provided $4,790,000 to continue current operations at these

sites. In addition, the Committee directs the NWS to make appropriate arrangements to maintain a local presence for the maintenance of the NOAA weather radio antenna in Erie, PA and develop

a strategy to adequately address the prediction of lake-effect snow

in the area. The Committee recommendation includes funding for

three data buoys off New England in accordance with the National

Research Council report of 1998.

Advanced Hydrological Prediction Service.—The Committee recommendation provides $1,500,000 for the Advanced Hydrological

Prediction Service, an increase of $500,000. The Committee expects

that this increase will cover the development of this service for

New Hampshire.

Systems Operation and Maintenance.—The Committee notes that

Alaska has the highest pilot death rate in the nation. No weather

forecasting facilities exist in dozens of remote Native Alaskan villages. Accidents are often caused by rapidly changing weather conditions for which no forecasting information is available. The Committee recommendation provides $12,650,000 for Automated Surface Observing System [ASOS], of which $5,000,000 is for the installation of forecasting equipment in remote Alaskan villages.

NATIONAL ENVIRONMENTAL SATELLITE, DATA, AND INFORMATION

SERVICE

[In thousands of dollars]

Committee

recommendation

Environmental Satellite Observing Systems:

Satellite Command and Control .............................................................. 32,790

Product Processing and Distribution ...................................................... 28,700

Product Development, Readiness & Application:

Product Development, Readiness & Application ............................ 22,720

Coral Reef Monitoring ....................................................................... 750

Global Wind Demonstration ............................................................. 3,500

Subtotal, Product Development, Readiness & Application ........ 26,970

Commercial Remote Sensing Licensing & Enforcement ....................... 1,200

Total, Environmental Satellite Observing Systems ........................... 89,660

NOAA’s Data Centers & Information Services:

Archive, Access & Assessment:

Archive, Access & Assessment .................................................. 32,190

Climate Database Modernization ............................................. 6,215
105

Committee

recommendation

GOES Data Archive Project ...................................................... 2,000

Subtotal, Archive, Access & Assessment .............................. 40,405

National Coastal Ocean Data Development and Management Center—MS .................................................................................................. 4,515

Regional Climate Centers ........................................................................ 3,600

Environmental Data Systems Modernization ........................................ 12,335

Total, NOAA’s Data Centers & Information Services ....................... 58,855

Total, NESDIS ...................................................................................... 150,515

The Committee recommends an appropriation of $150,515,000 for

the National Environmental Satellite, Data, and Information Service [NESDIS]. The recommendation is $18,853,000 above the request.

PROGRAM SUPPORT

[In thousands of dollars]

Committee

recommendation

Corporate Services:

Under Secretary and Associate Offices Base ......................................... 17,890

Policy Formulation and Direction Base .................................................. 36,365

Total, Corporate Services ..................................................................... 54,255

Office of Marine and Aviation Operations (OMAO):

Aviation Operations: Aircraft Services ................................................... 15,185

Subtotal, Aviation Operations ............................................................. 15,185

Marine Operations:

Marine Services ................................................................................. 63,830

Fleet Planning and Maintenance ..................................................... 19,020

Total, Marine Operations .............................................................. 82,850

Total, OMAO .................................................................................. 98,035

Facilities:

NOAA Maintenance, Repairs and Safety ............................................... 3,635

Environmental Compliance ..................................................................... 2,000

Project Planning and Execution: Boulder Facilities Operations .......... 5,000

Total, Facilities ..................................................................................... 10,635

Total, Program Support ........................................................................ 162,925

The Committee recommends an appropriation of $162,925,000 for

the NOAA program support functions. The recommendation is

$1,555,000 below the request.

Corporate Services.—The Committee does not recommend funding for a $15,000,000 initiative to provide funding to historically

black colleges and universities to train scientists. While the Committee believes that more women and minorities should be encour-
106

aged to seek careers in mathematics and sciences, funding for this

purpose should be provided by the Department of Education, the

National Academy of Sciences, or the National Science Foundation.

Office of Marine and Aviation Operations.—The Committee recommends that $62,000,000 for Acquisition of Data be transferred

from the National Ocean Service, National Marine Fisheries Service, and Office of Oceanic and Atmospheric Research to NOAA’s Office of Marine and Aviation Operations under the Marine Services

line. The Committee recognizes this transfer of funds is necessary

to enable further efficiencies in the use of both contracted and

NOAA ships. Further, the Committee expects that this transfer of

responsibility will result in no fewer days at sea for any NOAA program. Of the $15,185,000 provided in Aircraft Services, the Committee recommends that an additional $1,000,000 be used to support the necessary overhaul of the P–3 aircraft. Prior to the obligation of funds, NOAA is directed to provide to the Committees on

Appropriations an assessment of the condition of the aircraft, especially as it relates to corrosion, and the anticipated benefits from

spending $1,500,000 as it relates to aircraft performance and service life.

The R/V RONALD H. BROWN, commissioned in 1997, is NOAA’s

premier deep ocean research vessel and the largest vessel in the

NOAA fleet. Equipped with highly advanced instruments and sensors, the NOAA R/V RONALD H. BROWN is unique in the world

research fleet, built to support scientific studies worldwide that will

increase our understanding of oceans and climate. The Committee

notes that at a time that global warming and study of the role of

the oceans in climate change has taken on increasing urgency, a

substantial portion of the vessel’s days at sea have been used to deploy and retrieve buoys in the Pacific rather than to support important atmospheric and oceanographic research in the Atlantic and

elsewhere. While the Committee acknowledges the importance of

maintaining these oceanographic buoys, other NOAA vessels or

smaller charter vessels are more suitable to that mission. The

Committee directs NOAA to plan for the R/V RONALD H. BROWN

to spend no less than 139 days at sea in the Atlantic Ocean during

fiscal year 2002 for oceanographic research opportunities lost in

prior years.

The Committee recommendation provides $19,020,000 for Fleet

Planning and Maintenance. Of this amount, the Committee recommends $7,200,000 for equipment to support NOAA’s mapping

and charting missions. Funds for this purpose are authorized under

the Hydrographic Services Improvement Act of 1998, the National

Marine Sanctuaries Amendments of 2000, and the Coral Reef Conservation Act of 2000.

PROCUREMENT, ACQUISITION, AND CONSTRUCTION

[In thousands of dollars]

Committee

recommendation

NOS:

Construction and Acquisition:

Beaufort Laboratory .......................................................................... 5,000

Coastal Service Center (Wing) ......................................................... 4,000

Coastal and Estuarine Land Conservation Program ..................... 60,000
107

Committee

recommendation

Florida Keys National Marine Sanctuary ....................................... 6,500

Humpback Whale National Marine Sanctuary ............................... 2,200

Kachemak Bay Service Facility ....................................................... 800

Kasitsna Bay Laboratory .................................................................. 5,500

Marine Environmental Health Research Laboratory Enhancement & Equipment ........................................................................ 14,000

Monterey Bay National Marine Sanctuary ..................................... 3,000

NERRS Acquisition ........................................................................... 9,910

Stellwagen Bank National Marine Sanctuary ................................ 1000

Subtotal, NOS Construction ......................................................... 111,910

Total NOS ...................................................................................... 111,910

NMFS:

Construction:

Alaska Facilities Fisheries Center Juneau ..................................... 21,100

Honolulu ............................................................................................. 3,000

Kodiak Pier ........................................................................................ 4,000

Ketchikan Facilities .......................................................................... 1,500

Subtotal, NMFS Construction ...................................................... 29,600

Fleet Replacement:

Fisheries Research Vessel Replacement .......................................... 54,000

Subtotal, NMFS Fleet Replacement ............................................. 54,000

Total, NMFS ................................................................................... 83,600

OAR:

Systems Acquisition:

Comprehensive Large Array Data Stewardship System ............... 3,600

Research Supercomputing ................................................................ 6,500

Stone Laboratory ............................................................................... 1,000

Subtotal, OAR Systems Acquisition ............................................. 11,100

Construction: Norman Consolidation Project ......................................... 15,000

Subtotal, OAR Construction ................................................................ 15,000

Total, OAR ............................................................................................. 26,100

NWS:

Systems Acquisition:

ASOS .................................................................................................. 5,125

AWIPS ................................................................................................ 16,265

NEXRAD ............................................................................................ 8,260

NWSTG Backup—CIP ...................................................................... 7,000

Radiosonde Network Replacement .................................................. 5,000

Weather and Climate Supercomputing ........................................... 15,000

Subtotal, NWS Systems Acquisition ............................................ 56,650

Construction: WFO Construction ............................................................ 12,000

Subtotal, NWS Construction ................................................................ 12,000

Total, NWS ............................................................................................ 68,650

NESDIS:

Systems Acquisition:

Geostationary Systems ..................................................................... 290,000
108

Committee

recommendation

Polar Orbiting Systems ..................................................................... 296,000

Subtotal, NESDIS Systems Acquisition ....................................... 586,000

Construction: Continuity of Critical Facilities ....................................... 4,550

Subtotal, NESDIS Construction .......................................................... 4,550

Total, NESDIS ...................................................................................... 590,550

Program Support:

CAMS ........................................................................................................ 15,000

OMAO/Fleet Replacement:

ADVENTUROUS Refurbishment .................................................... 4,200

ALBATROSS IV Repairs .................................................................. 4,000

FAIRWEATHER Refurbishment ..................................................... 12,500

GORDON GUNTER .......................................................................... 1,800

Naval Surplus Vessels for Coastal Research (YTT) ....................... 4,500

Small Waterplane Area Twin Hull Vessel ...................................... 14,000

T–AGS Vessel Conversion ................................................................ 6,000

Subtotal, OMAO ............................................................................ 47,000

Total, Program Support ................................................................ 62,000

Total, Procurement, Acquisition, and Construction—Conservation .......................................................................................... [83,410]

Total, Procurement, Acquisition, and Construction .................... 939,610

The Committee recommendation provides $939,610,000 for Procurement, Acquisition, and Construction. This amount includes

$3,200,000 in recoveries from prior years. The recommendation is

$174,749,000 above the request. The amount provided includes

$83,410,000 for programs in the conservation spending category.

Some of the Committee recommendations displayed in the table

above are described in more detail in the following paragraphs.

National Ocean Service.—The Committee recommendation includes $5,000,000 for the Beaufort Laboratory for necessary repairs

to existing facilities and to construct a joint laboratory, dock, and

other facilities in collaboration with the Rachel Carson National

Estuarine Research Reserve. The Committee recommends

$60,000,000 for the coastal and estuarine land conservation program. This program is funded under the conservation spending category. This new program will provide funds for matching grants to

States, communities, and groups engaged in land conservation efforts that benefit coastal and estuarine areas. These funds will be

used expressly to acquire lands or interests in lands that include

significant conservation, recreation, ecological, historical or aesthetic values to further the goals of a federally approved Coastal

Zone Management Program or a National Estuarine Research Reserve. Of the amount provided for this program in fiscal year 2002,

the Committee recommends the following projects: $10,000,000 for

ACE Basin; $6,000,000 for the Great Bay Partnership; $1,250,000

for Mill River Harbor, CT; $3,000,000 for Morris Island, SC;

$10,000,000 for Long Island, SC; $370,000 for Old Woman Creek,

OH; $3,000,000 for Elkhorn Slough, CA; $325,000 for Taskinas
109

Creek, VA; $1,000,000 for Hempstead Harbor, NY; $1,100,000 for

Tilamook Bay, OR; $800,000 for Kitsap County, WA; $370,000 is

for Massachusetts Bay, Manchester, MA; $875,000 for Lake Ontario, Parma, NY; $2,000,000 for Maryland Coastal Bays, MD;

$3,000,000 for Hawaii Coastal Conservation; $3,000,000 for Los

Cerritos Wetlands, Long Beach, CA; $350,000 for Carnes acquisition, Juneau Public Parks, Juneau, AK; and $4,000,000 for Tongass

National Forest coastal land acquisition.

Program Support.—The Committee notes that the NOAA R/V

FAIRWEATHER will conduct the vast majority of its research off

the coast of Alaska, and has provided bill language to homeport the

vessel in Ketchikan, Alaska. The Committee recommendation provides $14,000,000 for a Small Waterplane Area Twin Hull vessel

to be homeported in New Castle, NH. In addition, the Committee

recommends $6,000,000 to convert a T–AGS vessel to be

homeported in Charleston, SC.

OTHER

[In thousands of dollars]

Committee

recommendation

Operations, Research, and Facilities:

Direct Obligations ..................................................................................... 2,340,255

De-Obligations .......................................................................................... ¥17,000

Subtotal, Discretionary ORF Budget Authority ................................. 2,323,255

Transfers:

Promote & Develop American Fisheries .......................................... ¥68,000

Coastal Zone Management Fund ..................................................... ¥3,000

Subtotal, ORF Transfers ............................................................... ¥71,000

Total, CJS ORF Appropriation ..................................................... 2,252,255

Procurement, Acquisition, and Construction:

Direct Obligations ..................................................................................... 942,810

De-Obligations .......................................................................................... ¥3,200

Subtotal, Discretionary PAC Budget Authority ................................. 939,610

Total, CJS PAC Appropriation ............................................................ 939,610

Other Discretionary Appropriations:

Coastal Zone Management Fund ............................................................ 3,000

Fishermen’s Contingency Fund ............................................................... 952

Foreign Fishing Observer Fund .............................................................. 191

Fisheries Financing Program .................................................................. 287

Pacific Coastal Salmon Recovery:

Pacific Coastal Salmon Recovery Fund ........................................... 70,000

Endangered Species Act—Pacific Salmon Recovery ....................... 38,000

Columbia River Hatcheries—Operations ........................................ 11,430

Columbia River Hatcheries—Monitor, Evaluation and Reform .... 1,700

Columbia River Facilities ................................................................. 3,365

Pacific Salmon Treaty Implementation—Base ............................... 5,600

Pacific Salmon Treaty Implementation—Chinook Salmon Agreement ................................................................................................ 1,845
110

Committee

recommendation

Pacific Salmon Treaty Implementation—Pacific Salmon Commission .................................................................................................. 2,000

Subtotal, Pacific Coastal Salmon Recovery .......................... 133,940

Total, Other Discretionary Appropriations—Conservation ....................................................................................... [133,940]

Total, Other Discretionary Appropriations .......................... 138,370

NOAA GRAND TOTAL DISCRETIONARY APPROPRIATIONS .... 3,349,685

PACIFIC COASTAL SALMON RECOVERY FUND

Appropriations, 2001 ............................................................................. $73,837,000

Budget estimate, 2002 ........................................................................... 110,000,000

Committee recommendation ................................................................. 133,940,000

The Committee recommends $133,940,000 for Pacific Coastal

Salmon conservation to be funded under the conservation category.

Of this amount, $70,000,000 is for the Pacific Coastal Salmon Recovery Fund. Of this amount, the Committee recommends

$20,600,000 for the State of Alaska, $20,150,000 for the State of

Washington, $10,075,000 for the State of Oregon, $10,075,000 for

the State of California, and $9,100,000 for the Tribes. Of the funds

provided for the State of Alaska, $500,000 is provided to study

parasitic infection of chum salmon; $2,000,000 is provided to restore the Chester Creek salmon run; $5,000,000 is provided for an

interagency, multi-disciplinary research effort to determine the

causes of the decline of salmon species in Alaska; $800,000 is provided for hatchery operations; $200,000 is provided to restore the

King Salmon runs in Craig, Alaska; $250,000 is provided to enable

the State of Alaska to participate in discussions regarding the Columbia River hydrosystem management; and $750,000 is provided

to the Pacific States Marine Fisheries Commission to prevent the

escapement of Atlantic salmon from Alaska streams and address

other invasive species issues. Of the amounts provided for the

State of Washington, $1,000,000 is for Washington State University and the University of Idaho for the Salmon Restoration Partnership, and $4,000,000 is for the Washington State Department of

Natural Resources and other State and Federal agencies for purposes of implementing the State of Washington’s Forest and Fish

Report. The monies shall be spent in accordance with the terms

and conditions of the Forest and Fish Report and consistent with

the requirements of the Endangered Species Act and Clean Water

Act. Of the amount provided to the State of Oregon, $1,000,000 is

for culvert replacement and rehabilitation in Clakamas County, Oregon to help meet Federal Endangered Species Act mandates, and

$1,000,000 is to address natural threats to the southern Oregon/

northern California coho salmon in the Klamath River.

COASTAL ZONE MANAGEMENT FUND

This fund consists of loan repayments arising from the former

Coastal Energy Impact Program which are transferred to the ‘‘Operations, research, and facilities’’ account for program grants.
111

The Committee recommendation includes $3,000,000 from the

coastal zone management [CZM] fund for CZM program management and other purposes authorized by section 308 of the Coastal

Zone Management Act.

FISHERMEN’S CONTINGENCY FUND

Appropriations, 2001 ............................................................................. $950,000

Budget estimate, 2002 ........................................................................... 952,000

Committee recommendation ................................................................. 952,000

The Committee recommends an appropriation of $952,000 for the

fishermen’s contingency fund.

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 man-made obstructions related to oil and gas

exploration, development, and production on the Outer Continental

Shelf. The Secretary of Commerce is authorized to establish an

area account within the fund for any area within the Outer Continental Shelf. A holder of a lease, permit, easement, or right-of-way

in such area is required to pay a fee into the appropriate area account in the fund. Each area account, if depleted, will be replenished by assessment. The authorization stipulates that amounts

available in each area account can be disbursed only to the extent

provided by appropriations acts. Since receipts collected may not be

sufficient for this appropriation, the Committee has included language which provides that the sums necessary to eliminate the insufficiency may be derived from the general fund of the Treasury.

FOREIGN FISHING OBSERVER FUND

Appropriations, 2001 ............................................................................. $191,000

Budget estimate, 2002 ........................................................................... 191,000

Committee recommendation ................................................................. 191,000

The Committee recommends an appropriation of $191,000 for the

foreign fishing observer fund.

Fees paid into the fund are collected from owners and operators

of certain foreign fishing vessels that fish within the U.S. fishery

conservation zone. The fund supports salaries of U.S. observers and

program support personnel, other administrative costs, and the

cost of data management and analysis.

FISHERIES FINANCE PROGRAM ACCOUNT

Appropriations, 2001 ............................................................................. $287,000

Budget estimate, 2002 ........................................................................... 287,000

Committee recommendation ................................................................. 287,000

The Committee recommends an appropriation of $287,000 for the

fisheries finance program account. Of the funds provided, $100,000

is for entry level and small vessel individual fishery quota (IFQ)

obligation guarantees in the halibut and sablefish fisheries off

Alaska pursuant to section 1104A(a)(7) of the Merchant Marine Act

of 1936. These funds are provided for IFQ loans in accordance with

section 303(d)(4) of the Magnuson-Stevens Act and section 108(g)

of the Sustainable Fisheries Act.
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DEPARTMENT MANAGEMENT

SALARIES AND EXPENSES

Appropriations, 2001 ............................................................................. $35,841,000

Budget estimate, 2002 ........................................................................... 37,652,000

Committee recommendation ................................................................. 42,062,000

The Committee recommends an appropriation of $42,062,000 for Departmental Management. The recommendation is $4,410,000

above the budget request. The Committee recommendation provides $750,000 for the National Academy of Sciences to conduct a

study on the nature of global intellectual property counterfeiting

and piracy. The purpose of the study is to develop effective, longterm strategies for addressing these threats to U.S. economic

strength. The Department of Commerce will, in conjunction with

the Department of Justice and not later than 1 month after enactment of this Act, grant this award to the National Academy of

Sciences. The study will be completed by September 30, 2002. The

Department of Commerce, the Department of Justice and other

agencies shall fully cooperate with and provide necessary information to assess the current situation related to Intellectual Property

theft.

The Committee is concerned by the uncontrolled growth and lack

of Congressional oversight of the Working Capital Fund [‘‘the

Fund’’]. The Committee believes that the Department’s use of bureau program funds which are appropriated for program purposes

should be scrutinized through reprogramming procedures. In addition, the Committee is concerned by the Department’s use of appropriated bureau program funds to finance new Departmental initiatives. It is the Committee’s intent that all programs and activities

financed through the Fund and all changes and increases to the

Fund shall require the advance approval of the Committee under

the provisions of Section 605. Consequently the Department will

submit a request for reprogramming before any funds may be obligated to or from the Fund.

The Committee has, over the past 6 months, engaged in discussions with Department of Commerce officials regarding the need

for Departmental Fund reforms. As an outcome of these discussions

and the information provided by the Department of Commerce at

the Committee’s request, the Committee has developed directives

which should be included in the Department’s request for reprogramming. They are outlined in the following paragraphs.

The Committee has included bill language that caps the Fund at

a level of $117,000,000 and 700 Full-Time Equivalents [FTE]. Included is language capping funding for the Commerce Administrative Management Systems [CAMS] or CAMS-related products at

$40,000,000. No more than $15,000,000 for CAMS will be assessed

to NOAA. Any reductions necessary to be taken to operate the

Fund at the fiscal year 2002 authorized level of $117,000,000 will

be based upon the numbers of FTE of the Fund service providers,

beginning with those service providers which operate with the largest number of FTEs and funds. At a minimum, reductions will be

taken from the three largest Fund accounts and service providers

as reported in the fiscal year 2002 Congressional Budget submission for Departmental Management. These service providers are
113

the Office of Administrative Services, the Office of General Counsel

and the Office of Security. The Office of Human Resources Management, Human Resources Services project and or its equivalent(s)

will be reduced by at least $1,386,000.

The Office of Management and Organization Support, Office of

Budget Forms and Tracking System, Office of Human Resources

Management Payroll Demonstration Project, Office of Human Resources Management Employee Diversity and Classification or

their equivalents will be eliminated from the Fund.

The Office of Human Resources Decennial Census and the Office

of Civil Rights Census 2000 and or their equivalents will be eliminated from the Fund and may be billed through the Advances and

Reimbursements Account [‘‘A and R’’ account].

Further, the Committee notes that certain A and R projects have

become permanent activities carried out by the Office of the Secretary, and, therefore, should be funded through, and subject to the

scrutiny of the Appropriations process. As such, External Affairs,

White House Liaison, Executive Support, Cultural Awareness, and

Commerce, Government Performance and Results Act project, will

be eliminated from the A and R account and the activities funded

by these projects shall not be charged or billed to the Department’s

bureaus The Committee has recommended a total amount of

$3,660,000 in the Departmental Management appropriation to fund

these activities. This amount is commensurate with the level of

funding planned for payment by the bureaus to these activities.

Electronic Commerce, Regional Economic Growth, Class Action

Suit, Diversity Employment Plan, MSI Financial Assistance and

Grant Promotion Activities, MSI Conferences, Executive Assistance

Management Information Technology Activities, Pioneer Fund,

COMMITS, Executive Direction Support, Celebrate Department of

Commerce, and Telecommuting will not be funded out of the A and

R account.

The USA Trade Center, Ronald Reagan Building and International Trade Center project will be eliminated from the Departmental A and R account and responsibility for administering the

project activities shall be transferred to the International Trade

Administration.

In future budget submissions, the Department will submit and

display the A and R project listing and the Fund project listings

and associated dollar and FTE requests as part of the Congressional budget request. The Committee directs that the Department

ensure that WCF budget estimates for upcoming fiscal year be provided to bureau clients no later than October 1 each fiscal year.

OFFICE OF THE INSPECTOR GENERAL

Appropriations, 2001 ............................................................................. $19,956,000

Budget estimate, 2002 ........................................................................... 21,176,000

Committee recommendation ................................................................. 21,176,000

The Committee recommends an appropriation of $21,176,000 for

the Commerce Department’s Office of the Inspector General. The

recommendation is identical to the budget request.
114

GENERAL PROVISIONS—DEPARTMENT OF COMMERCE

The Committee includes the following general provisions for the

Department of Commerce that were included in the fiscal year

2001 appropriations act. Sections 201 through 208 are continuations of language included in previous appropriations acts.

Section 201 makes Commerce Department funds 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 salaries and expenses

available for the hire of passenger motor vehicles, and for services,

uniforms, and allowances as authorized by law.

Section 203 prohibits any funds to be used to support hurricane

reconnaissance aircraft and activities that are under the control of

the U.S. Air Force or the U.S. Air Force Reserve.

Section 204 provides the authority to transfer funds between Department of Commerce 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 allows the Secretary to award contracts for certain

mapping and charting activities in accordance with the Federal

Property and Administrative Services Act.

Section 206 allows the Department of Commerce franchise fund

to retain a percentage of earnings from services provided for capital

investments.

Section 207 permits the Department of Commerce franchise fund

to retain a percentage of earnings from services provided for capital

investments.

Section 208 provides funding for three grants and a cooperative

agreement.

Section 209 makes administrative changes to the Department of

Commerce, Working Capital Fund and Advances and Reimbursements account.
(115)

TITLE III—THE JUDICIARY

The funds provided in title III of the accompanying bill are for

the operation and maintenance of the U.S. courts and include the

salaries of judges, magistrates, supporting personnel, and other expenses of the Federal judiciary.

The Committee recommends a total appropriation of

$4,491,578,000 for the judiciary. The recommendation is

$381,135,000 below the budget request. The Committee is aware

that a total of $235,365,000 in fees, reimbursables, and carryover

is available in various accounts across the title.

Steady growth in costs associated with Defender Services, court

security, GSA rental payments, and pay and benefits at a time of

declining resources is putting serious pressure on the judiciary

budget. The Committee urges the judiciary to make every effort to

contain mandatory costs.

SUPREME COURT OF THE UNITED STATES

Appropriations, 2001 ............................................................................. $45,121,000

Budget estimate, 2002 ........................................................................... 159,856,000

Committee recommendation ................................................................. 47,518,000

The Committee recommends an appropriation of $47,518,000.

The total amount is provided in two separate appropriation accounts as follows:

SALARIES AND EXPENSES

Appropriations, 2001 ............................................................................. $37,512,000

Budget estimate, 2002 ........................................................................... 42,114,000

Committee recommendation ................................................................. 39,988,000

The Committee recommends an appropriation of $39,988,000 for

the Justices, their supporting personnel, and the costs of operating

the Supreme Court, excluding the care of the building and grounds.

The recommendation is $2,126,000 below the budget request and

fully funds current services.

Various offices, a theatre, a gift shop, and mail handling have all

been built out into the hallways of the Court in direct violation of

fire codes. The expected renovation of the Court will only exacerbate space problems for the foreseeable future. Therefore, the Committee recommendation defers staffing increases until it is clear

that there is room for additional personnel. To the degree that the

positions sought are needed immediately, including the assistant

food preparation specialist, forklift operator, warehousemen, and

mail services clerks, the Court may, within existing manpower ceilings, use attrition to alter the skill mix of its workforce.
116

CARE OF THE BUILDING AND GROUNDS

Appropriations, 2001 ............................................................................. $7,513,000

Budget estimate, 2002 ........................................................................... 117,742,000

Committee recommendation ................................................................. 7,530,000

The Committee recommends an appropriation of $7,530,000 for

personnel and other services relating to the Supreme Court building and grounds, which is supervised by the Architect of the Capitol. The recommendation is $110,212,000 below the budget request.

Building renovations.—While entirely supportive of the proposal

to replace building systems that have been maintained long past

the end of their useful service lives, the Committee is very concerned by the linchpin of the Court’s construction approach: the

digging out of an underground annex as swing space for displaced

staff. Better utilization of existing Court space, particularly the

conversion of ceremonial or public areas into working offices, presents a far less risky and costly alternative to burrowing under the

north wall. Furthermore, space can be made available in the

Thurgood Marshall Building. The Committee directs the Architect

of the Capitol to develop a plan for installing the necessary building services without recourse to an underground annex. The lowrisk, low-cost approach to swing space used for the renovation of

the Dirksen Senate Office Building should serve as a model. The

plan should be delivered not later than January 1, 2002. The recommendation funds the routine maintenance of existing building

systems in anticipation of a construction start in 2003 under the

revised plan.

U.S. COURT OF APPEALS FOR THE FEDERAL CIRCUIT

SALARIES AND EXPENSES

Appropriations, 2001 ............................................................................. $17,895,000

Budget estimate, 2002 ........................................................................... 20,446,000

Committee recommendation ................................................................. 19,372,000

The Committee recommends an appropriation of $19,372,000. The recommendation is $1,094,000 below the budget request. Certain mandatory increases for judicial officers are provided. The recommendation includes requested funding by the Court to renovate

and modernize one of the Federal Circuit’s courtrooms. To accommodate this request no funding is provided for other requested increases.

U.S. COURT OF INTERNATIONAL TRADE

SALARIES AND EXPENSES

Appropriations, 2001 ............................................................................. $12,432,000

Budget estimate, 2002 ........................................................................... 13,112,000

Committee recommendation ................................................................. 13,054,000

The Committee recommends an appropriation of $13,054,000.

The recommendation is $58,000 below the budget request. Certain

mandatory increases for judicial officers are provided. The recommendation includes $75,000 for an architectural analysis requested by the court.
117

COURTS OF APPEALS, DISTRICT COURTS, AND OTHER JUDICIAL

SERVICES

SALARIES AND EXPENSES

Appropriations, 2001 ............................................................................. $3,352,879,000

Budget estimate, 2002 ........................................................................... 3,735,864,000

Committee recommendation ................................................................. 3,559,012,000

This account provides for the salaries of judges, magistrates, and

all other officers and employees of the Federal judiciary not otherwise provided for, and for all necessary expenses, including charges

for space and facilities.

The Committee recommends a total appropriation of

$3,559,012,000 for salaries and expenses of the Courts of Appeals,

District Courts, and Other Judicial Services. The recommendation

is $176,852,000 below the budget request. The recommendation reflects a refinement of anticipated funding requirements which is

$176,852,000 below the budget request. In addition, as noted at the

beginning of the title, the Committee understands that up to

$70,000,000 in carryover, reimbursables, and fees will be available

to apply to this account, if necessary. Certain mandatory increases

for judicial officers are provided.

The Committee recommendations are displayed in the following

table:

Courts of appeals, district courts, and other judicial services

[In thousands of dollars]

Committee

recommendation

Appeals court:

Judicial officers:

Article III judges:

Active .......................................................................................... 24,386

Senior .......................................................................................... 18,492

Court staff:

Article III judges’ staff ............................................................... 60,458

Circuit executives ....................................................................... 26,013

Clerks offices .............................................................................. 37,223

Staff and prearguement attorneys ............................................ 42,389

Librarians ................................................................................... 17,020

Bankruptcy appellate panels .................................................... 1,472

Subtotal ................................................................................... 227,453

District courts:

Judicial officers:

Article III judges:

Active .......................................................................................... 98,355

Senior .......................................................................................... 59,260

Magistrate judges .............................................................................. 80,965

Court of Federal Claims judges ....................................................... 2,315

Court staff:

Article III judges’ staff ...................................................................... 181,652

Magistrate judges’ staff .................................................................... 71,262

Federal claims judges’ staff .............................................................. 4,356

Clerks offices ...................................................................................... 407,984

Court reporters .................................................................................. 50,210
118

Committee

recommendation

Court interpreters ............................................................................. 6,542

Subtotal .......................................................................................... 962,901

Bankruptcy courts:

Judicial officers: Bankruptcy judges ....................................................... 49,941

Court staff:

Bankruptcy judges’ staff ................................................................... 45,601

Clerks ................................................................................................. 285,498

Bankruptcy administrators .............................................................. 4,167

Subtotal .......................................................................................... 385,207

Probation/pretrial services:

Investigations and supervision ................................................................ 654,507

Drug dependent offenders ........................................................................ 35,367

Mental health ........................................................................................... 7,224

Subtotal ................................................................................................. 697,098

Services, supplies, and equipment ................................................................. 502,111

Rental payment to GSA .................................................................................. 784,242

Total, courts .......................................................................................... 3,559,012

The Committee recommendations are discussed in more detail in

the following paragraphs. The Committee notes that in order to accommodate rental payments, the Committee recommendation necessitates a downward adjustment for support staff.

Southwest Border.—In Fiscal Year 2001 the Committee devoted

resources to help the hard-hit judicial districts on the Southwest

Border. These Federal districts continue to handle over one quarter

of all criminal court filings in the United States. While court staffing problems appear to be abating, the number of unfilled judgeships and need for new judgeships remains a persistent concern. To

address this issue the Committee has provided $5,000,000 to hire

additional magistrate judges along the Southwest border. The Committee directs that a spending and hiring plan and a list of proposed locations be provided to the Committee by no later than February 1, 2002.

Juries.—The Committee is concerned with increased plea bargaining, limits on jury awards, and new powers of judges to screen

evidence presented to jurors. These factors are diminishing the traditional role of the jury. The number of Federal criminal and civil

cases ending in jury verdicts has fallen more than 58 and 72 percent respectively over the past few decades. Also disturbing is the

number of jury verdicts that Federal appeals courts have overturned since 1987. Some estimates calculate that nearly a 40 percent increase has occurred in this area. This trend promises to undermine individual confidence in the jury system and in the courts

themselves. The Committee directs the Administrative Office of the

U.S. Courts to report to the Committee by no later than February

1, 2002, with recommendations delineating what reforms the Federal Judiciary can make to ensure that juror and citizen confidence

are not eroded.

Relocation report.—Prior to opening new offices, the Justice Department is required to seek permission from Congress. In the last
119

relocation report, the Marshals Service sought to open a new office

in Lander, WY. The request was denied, because the Marshals

were, and are, projected to go anti-deficient due to unexpectedly

heavy and prolonged costs associated with security for the World

Trade Center and East Africa bombing trials in New York City.

The Committee has since learned that a magistrate is holding court

in Lander, WY, and that the Marshals opened an office there at the

insistence of the magistrate. The Committee acknowledges that

court may be held in Lander, but, in light of the Committee’s decision on the relocation report, the Judiciary must pay for Marshals

support if the magistrate’s work requires their presence. Therefore, the Committee recommendation transfers $33,000 from this account to the Marshals to cover their costs in Lander. The Committee understands that similar situations may exist in Minnesota,

Wisconsin, and North Carolina. As additional information becomes

available, additional costs may be incurred.

Protective details.—The Committee is aware that a judge vacationing in Switzerland with his extended family forced his protective detail to babysit his very young grandchildren on several occasions. When the detail supervisor objected, the judge ‘‘punished’’ the detail in various ways. Judges are reminded that the taxpayer

bears a considerable burden providing portal to portal security. The

detail has one assignment and one assignment only: protection. Details are not care givers. In the future, the Committee will not ask

the taxpayer to shoulder the costs of protective details if those details are found to be acting as servants.

THE NATIONAL CHILDHOOD VACCINE INJURY ACT

Appropriations, 2001 ............................................................................. $2,596,000

Budget estimate, 2002 ........................................................................... 2,692,000

Committee recommendation ................................................................. 2,692,000

The Committee recommends a reimbursement of $2,692,000 from

the special fund to cover expenses of the claims court associated

with processing cases under the National Childhood Vaccine Injury

Act of 1986. The recommendation is identical to the budget request.

DEFENDER SERVICES

Appropriations, 2001 ............................................................................. $434,043,000

Budget estimate, 2002 ........................................................................... 521,517,000

Committee recommendation ................................................................. 463,756,000

The Committee recommends an appropriation of $463,756,000. The recommendation is $57,761,000 below the budget request. The

recommendation reflects a refinement of anticipated funding requirements.

This account funds the operations of the Federal public defender

and community defender organizations and the compensation, reimbursement, and expenses of attorneys appointed to represent

persons under the Criminal Justice Act, as amended.

The Committee is very concerned with the requested 19.9 percent

increase in funding for this account. While every effort has been

made to address the needs expressed by the Judicial Conference,

growth of this magnitude cannot be funded within existing Committee resources. Funding is provided to maintain current services

and additional funding is provided to increase panel attorney rates
120

of compensation beyond what was provided in fiscal years 2000 and

2001. The new rate is $90 per hour in and out of court. A modest

amount is also provided for heavier panel attorney workload. In addition, as noted at the beginning of the title, the Committee understands that up to $70,000,000 in carryover, reimbursables, and fees

will be available to apply to this account, if necessary.

The impact of multi-defendant litigation needs to be reassessed.

The Committee directs the Administrative Office of the U.S. Courts

to commence a study to be provided to the Committees on Appropriations by no later than March 1, 2002, examining the feasibility

of establishing ‘‘firewalls’’ in existing Federal defender organizations that will allow multi-defendant cases to be handled out of the

same office. If these cases can be addressed in this way, concerns

about the quality of panel attorney representations should decrease, and substantial savings would assuredly result.

FEES OF JURORS AND COMMISSIONERS

Appropriations, 2001 ............................................................................. $59,436,000

Budget estimate, 2002 ........................................................................... 50,131,000

Committee recommendation ................................................................. 50,131,000

The Committee recommends an appropriation of $50,131,000.

The recommendation is identical to the budget request and is a refined estimate of fiscal year 2002 requirements. This account provides for the fees and allowances of grand and petit jurors and for

the compensation of land commissioners and jury commissioners.

COURT SECURITY

Appropriations, 2001 ............................................................................. $199,136,000

Budget estimate, 2002 ........................................................................... 228,433,000

Committee recommendation ................................................................. 209,762,000

The Committee recommends an appropriation of $209,762,000. The recommendation is $18,671,000 below the budget request. The

recommendation is based on an estimate by the U.S. Marshals

Service of court security requirements and funds court security personnel, equipment, and perimeter enhancements. The Committee is

unable to fully accommodate the 14.5 percent requested increase

for this account. The recommendation includes an additional

$4,000,000 to maintain courthouse security and replace obsolete

systems and equipment. In addition, as noted at the beginning of

the title, the Committee understands that up to $70,000,000 in carryover, reimbursables, and fees will be available to apply to this account, if necessary.

Radios.—Last year, the Administrative Office of U.S. Courts

[AO] sought to have its radio program included under the

narrowband conversion program run by the Justice Department.

Like Justice, the Judiciary must convert VHF radios by January 1,

2005. In a letter to Congress, the AO correctly noted the cost and

interoperability benefits of bringing court security radio modernization under the Justice program. Left unsaid was the sad fact that

radio funds have been used through the years to cover salaries and

expenses, a problem that would be alleviated by shifting control of

radio investments to the Wireless Management Office within the

Department of Justice. The Committee recommendation includes a

provision that transfers $3,580,000 from this account to the
121

‘‘Narrowband Conversion’’ account in title I to begin the process of

converting court security radios.

ADMINISTRATIVE OFFICE OF THE U.S. COURTS

SALARIES AND EXPENSES

Appropriations, 2001 ............................................................................. $58,212,000

Budget estimate, 2002 ........................................................................... 63,029,000

Committee recommendation ................................................................. 58,212,000

The Committee recommends an appropriation of $58,212,000.

The recommendation is $4,817,000 below the budget request.

The Administrative Office of the U.S. Courts [AO] hosts the Judicial Conference, and handles certain administrative tasks for the

U.S. courts.

Americans with Disabilities Act.—The Committee supports the

efforts of the AO to bring modern technology to the Federal courts.

Pursuant to that effort the Committee directs the AO to provide

$3,000,000 to the University of Mississippi to support real time

captioning initiatives for the hearing disabled. This funding shall

be used both to improve the real-time captioning skills of court reporters and to expand the availability of captioning equipment to

all Federal courthouses.

FEDERAL JUDICIAL CENTER

SALARIES AND EXPENSES

Appropriations, 2001 ............................................................................. $18,736,000

Budget estimate, 2002 ........................................................................... 20,323,000

Committee recommendation ................................................................. 19,742,000

The Committee recommends an appropriation of $19,742,000.

The recommendation is $581,000 below the budget request and provides for requested adjustments to base.

The Federal Judicial 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.

JUDICIAL RETIREMENT FUNDS

PAYMENT TO JUDICIARY TRUST FUNDS

Appropriations, 2001 ............................................................................. $35,700,000

Budget estimate, 2002 ........................................................................... 37,000,000

Committee recommendation ................................................................. 37,000,000

The Committee recommends an appropriation of $37,000,000.

The recommendation is identical to the budget request.

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.
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U.S. SENTENCING COMMISSION

SALARIES AND EXPENSES

Appropriations, 2001 ............................................................................. $9,909,000

Budget estimate, 2002 ........................................................................... 12,400,000

Committee recommendation ................................................................. 11,327,000

The Committee recommends an appropriation of $11,327,000. The recommendation is $1,073,000 below the budget 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.

GENERAL PROVISIONS—THE JUDICIARY

The Committee recommends the following general provisions for

the judiciary, all of which were included in previous appropriations

acts.

Section 301 allows the Judiciary to expend funds for employment

of experts and consultant services.

Section 302 allows the Judiciary, subject to the Committee’s reprogramming procedures, to transfer up to 5 percent between appropriations, but limits to 10 percent the amount that can be transferred into any one appropriation.

Section 303 limits official reception and representation expenses

incurred by the Judicial Conference of the United States to no

more than $11,000.

Section 304 prospectively addresses Employment Cost Index adjustments for Justices and judges.

Section 305 increases funding for distance learning.
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TITLE IV—DEPARTMENT OF STATE AND RELATED AGENCY

DEPARTMENT OF STATE

The Committee recommends an appropriation of $7,658,282,000.

The recommendation is $318,254,000 below the budget request. Security, technology, and infrastructure accounts have received the

maximum funding deemed prudent.

ADMINISTRATION OF FOREIGN AFFAIRS

DIPLOMATIC AND CONSULAR PROGRAMS

Appropriations, 2001 ............................................................................. $3,167,174,000

Budget estimate, 2002 ........................................................................... 3,705,140,000

Committee recommendation ................................................................. 3,498,353,000

This appropriation account provides for the formulation and execution of U.S. foreign policy, including the conduct of diplomatic

and consular relations with foreign countries, diplomatic relations

with international organizations, and related activities. This account primarily funds the overseas programs and operations of the

Department of State.

The Committee recommends an appropriation of $3,498,353,000.

The recommendation is $206,787,000 below the budget request.

Within the amount provided, the Committee recommendation includes $175,000 to support the United States’ membership in the

Arctic Council and $40,000 for the Bering Straits Commission. The

former includes funds for representation expenses and travel for

U.S. delegates.

The Committee recommendations, by bureau or operation, are

displayed in the following table:

Diplomatic & Consular Programs

[In thousands of dollars]

Committee

recommendation

Overseas Bureaus:

African Affairs ................................................................................ 202,263

Near Eastern Affairs ...................................................................... 133,066

South Asian Affairs ........................................................................ 50,634

East Asian & Pacific Affairs .......................................................... 227,095

East-West Center .................................................................... [14,000]

European Affairs ............................................................................ 484,503

Western Hemispheric Affairs ........................................................ 234,571

International Organization Affairs ............................................... 46,956

International Conferences .............................................................. 6,736

FSN Separation Liability Trust Fund .......................................... 7,898

Subtotal ........................................................................................ 1,393,722

Functional Bureaus:

Consular Affairs .............................................................................. 42,787

Economic & Business Affairs ......................................................... 26,473
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Committee

recommendation

Intelligence & Research ................................................................. 39,191

International Information Programs ............................................ 40,889

Oceans/Int’l Environmental/Scientific Affs ................................... 20,091

Pacific Salmon Treaty ............................................................. 45,419

Political-Military Affairs ................................................................ 22,465

NonProliferation ...................................................................... 18,667

Arms Control ........................................................................... 17,366

Verification & Compliance ...................................................... 8,905

Diplomatic Security ........................................................................ 225,989

Information Resource Management .............................................. 90,522

Democracy, Human Rights, & Labor ............................................ 12,145

Population, Refugees, & Migration ............................................... 688

Legislative Affairs .......................................................................... 8,446

Finance Management & Policy ...................................................... 62,580

Bureau of Public Affairs ................................................................. 22,268

Counterterrorism Research & Development ................................ 1,800

Office of International Criminal Justice ....................................... 1,719

Subtotal ........................................................................................ 708,410

Management Programs ......................................................................... 284,848

Diplomatic Telecommunications Service ...................................... [47,614]

Continuing Language Training Overseas ..................................... [10,000]

Administrative Programs ...................................................................... 503,768

Subtotal ........................................................................................ 788,616

Initiatives: ..............................................................................................

Diplomatic Readiness ..................................................................... 45,784

Personnel .................................................................................. [37,988]

Training .................................................................................... [7,796]

Service Needs Incentives ............................................................... 11,555

Civil Service Overseas Mobility Initiative .................................... 1,000

Leadership Development Competencies ....................................... 1,500

Overseas Infrastructure ................................................................. 20,800

Paris Rightsizing ............................................................................ 14,857

Information Resource Management .............................................. 102,746

Subtotal ........................................................................................ 198,242

Worldwide Security Upgrades:

Domestic/Local Guards .................................................................. 139,101

Physical Security Equipment ........................................................ 18,395

Physical Security Technical Support ............................................ 69,313

Armored Vehicles ............................................................................ 10,320

Personnel/Training ......................................................................... 80,901

Radio Replacements ....................................................................... 2,240

Information/Systems Security ....................................................... 25,109

Chemical/Biological Program ......................................................... 3,944

Perimeter Security Enhancements ............................................... 24,000

Global Security and Law Enforcement ......................................... 36,040

Subtotal ........................................................................................ 409,363

Total, Diplomatic & Consular Programs ................................... 3,498,353

Some of the Committee recommendations displayed in the table

are described in more detail in the following paragraphs.

Diplomatic Security.—Explosive growth in Diplomatic Security

manning has created an imbalance between seasoned and unseasoned agents that can only be solved with time because the best

training available does not compare to the value of experience. In

another context, the Attorney General testifies that ‘‘it is very risky

to allow an agency’s overall ratio of inexperienced to experienced
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agents to exceed 30 percent.’’ Today, the percentage of Diplomatic

Security agents having served 4 years or less is over 30 percent.

The Attorney General warned that agencies with excessive numbers of rookie agents ‘‘will find it difficult to maintain performance,

professionalism and integrity.’’ Therefore, the Committee does not

recommend full funding for an additional 186 Diplomatic Security

agents.

Diplomatic Readiness.—Full funding is provided for hiring an anticipated 700 replacements for attrition. In addition, full funding is

provided for all training needs to ensure that new hires have the

appropriate language, security, leadership, management, and professional skills needed to be successful in their new assignments.

Worldwide security upgrades.—The Committee recommendation

includes $459,363,000 for worldwide security upgrades, of which

$50,000,000 has been made available from prior year unobligated

funds available in the ‘‘Embassy Security, Construction and Maintenance’’ account. Of the funding provided, $349,323,000 is for ongoing security activities. In addition, full funding is provided for

procedural and technical security enhancements as well as for

training, operational support, and infrastructure. None of the funds

provided here for security may be obligated until a complete and

thorough accounting of prior year security funds has been forwarded to the Committee.

The Committee is aware of a 2-year, two-city ‘‘Weapons of Mass

Destruction [WMD] Terrorism Threat Information and Training for

First Responders’’ pilot project of the Center for Nonproliferation

Studies at the Monterey Institute of International Security to build

effective communication and information sharing between Federal

and local officials on WMD terrorism issues. The Committee urges

the Department of State to support funding for this project.

Radios.—The Department installed an extensive worldwide radio

network with funds provided through the Fiscal Year 1999 Emergency Security Supplemental and is now seeking additional funding for replacement of its domestic wireless networks. By law, the

existing wireless networks must convert to 12.5 kilohertz channel

spacing by 2005. The Committee recommendation provides

$6,000,000 for replacement of the domestic wireless networks in

Washington, DC and elsewhere in the United States, used for diplomatic security and law enforcement. Given the Department of

Justice Wireless Management Office’s expertise in the area of

narrowband conversion for law enforcement and addressing issues

such as interoperability, the Committee recommendation includes a

provision that transfers $6,000,000 from this account to the

‘‘Narrowband Conversion’’ account in Title I to begin the conversion

of the State Department’s domestic wireless network.

Influence.—The Committee recommendation includes $1,000,000

out of available funds to continue the Ambassador’s Fund for Cultural Preservation. U.S. Ambassadors from underdeveloped countries may submit competitive proposals for one-time or recurring

projects with awards based on the importance of the site, the country’s need, and the ability to make a meaningful contribution to the

preservation of a site, object, or form of expression. The Department is directed to submit a report to the Committees on winning

projects on an annual basis.
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Bureau of Consular Affairs.—The Department is directed to report to the Committee on the Bureau of Consular Affairs’ programs

to assist Americans who have been the victims of violent crimes

while traveling or studying overseas. The report shall evaluate the

current services provided by the Office of Overseas Citizens Affairs

and the adequacy of resources available to it for this purpose. This

report shall consider whether and what data should be collected on

individual incidents and made available to victims. The report shall

also consider whether a database containing information about

grants available to assist victims with the high costs associated

with the prosecution of a perpetrator in foreign countries—particularly remote or judicially unsophisticated foreign countries is merited. Finally, the report shall determine how best to make this information available to victims. The Committee expects that Internet technology will be utilized to accomplish this.

Continuing language education.—Language skills are central to

the effectiveness of State Department employees abroad, irrespective of assignment. As important, language skills ensure dependents are not overwhelmed by feelings of isolation and alienation,

resulting in lowered post morale. The Committee applauds Department efforts to revive continuing language education programs at

posts. Within available funds, the Committee recommendation directs that $10,000,000 shall be available only for continuing language education programs for both employees and dependents at

posts worldwide. Language classes should also be open to non-State

Department (Federal) employees on a space available, reimbursable

basis.

International conservation of sea turtles.—The Committee is concerned with the increasing threat to sea turtles, particularly those

listed under the Convention on International Trade on Endangered

Species of Wild Fauna and Flora [CITES], from incidental capture

by foreign fleets, particularly in the longline fishery. The Secretary

of State shall, on an expedited basis, negotiate strong, enforceable

management, reporting, and data collection measures (including

economic measures) focused on reducing incidental capture of sea

turtles in commercial fisheries under regional management agreements for living marine resources, including the Inter-American

Sea Turtle Conservation Treaty, the Inter-American Tropical Tuna

Convention, the International Convention for the Conservation of

Atlantic Tunas, and the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (the Multilateral High Level Conference). In addition, the Committee urges the Secretary to develop a trans-Pacific international turtle conservation agreement to include Pacific

island and Pacific rim nations. In particular, the Committee urges

the Secretary to work with the Secretary of Commerce under Magnuson-Stevens Act Section 202(h), which calls for the Secretary of

State, in cooperation with the Secretary of Commerce, to seek

international agreements to establish standards and measures for

bycatch reduction that are comparable to U.S. standards. In fiscal

year 2002 these efforts should focus on longline fishing. In furtherance of this goal, the Secretary of State and Secretary of Commerce, through the National Marine Fisheries Service, shall work

with other nations and industry, including the Asia-Pacific Eco-
127

nomic Cooperation Forum, to develop alternative fishing technologies and practices designed to reduce incidental capture mortality of sea turtles, particularly in the international longline fleet.

The Secretaries are urged to convene preparatory meetings on gear

development, particularly in the Pacific region, prior to the technical workshop scheduled for 2002 to ensure that agreement on alternative gear research and data sharing, including timetables for

specific action, can be concluded at this workshop. The State Department and Commerce Department shall report back on the status of these efforts within 90 days of enactment.

Pacific salmon treaty implementation.—The Committee has pro- vided $45,419,000 to implement the 1999 Pacific Salmon Treaty

Agreement. Of this amount, $20,000,000 is for further capitalizing

the Northern Boundary Fund, $20,000,000 is for further capitalizing the Southern Boundary Fund, and $5,419,000 is for the State

of Washington for obligations pursuant to the 1999 Agreement.

The Committee is concerned that National Marine Fisheries

Service (NMFS) continues to consider further harvest restrictions

in Alaska in its efforts to recover some stocks of Pacific salmon.

The Committee believes Alaska has made sufficient harvest reductions under the Treaty, and that any further recovery efforts

should address other impacts to listed stocks.

Out of funds provided for this purpose, NMFS should continue to

work with the State of Alaska in monitoring the effects of the decline of Pacific Northwest-origin salmon on the harvest off Alaska

of Alaska-origin salmon.

Biotechnology.—The Office of Agricultural and Textile Trade Affairs [ATTA], Bureau of Economic and Business Affairs, is playing

a critical role in promoting abroad an understanding of the benefits

and safety of biotechnology. The Committee is aware that the European Union [EU] has launched a misinformation campaign aimed

at scaring regulators and policy makers in the developing world

into opposing biotechnology. These scare tactics are intended to

help protect the EU’s increasingly uncompetitive agricultural sector. The Bureau is directed to provide the support to posts necessary to refute the EU’s calumnies regarding biotechnology. Furthermore, the Department is directed to increase the manpower of

the ATTA to the level needed both to prepare U.S. negotiators on

trade related and food safety talks and to thoroughly educate foreign governments on the importance of biotechnology. In support of

the latter, the Committee expects the Department to increase funding for the speaker’s program promoting plant biotechnology. Program enhancements should be targeted exclusively at Southeast

Asia, Latin America, Africa, and India. The Committee directs the

Department, in coordination with the Foreign Commercial Service,

to submit a comprehensive plan for supporting biotechnology overseas not later than December 31, 2001.

International Trade.—Every year the State Department attempts

to pursue international trade activities that are clearly within the

traditional domain of the Commerce Department’s International

Trade Administration, particularly within the area of expertise of

the United States and Foreign Commercial Service. This continual

push by the State Department to expand its jurisdiction in this

area runs counter to the wishes of the Committee which notes the
128

expansive and intractable foreign policy issues already confronting

the Department. No funding is provided for this initiative.

CAPITAL INVESTMENT FUND

Appropriations, 2001 ............................................................................. $96,787,000

Budget estimate, 2002 ........................................................................... 210,000,000

Committee recommendation ................................................................. 210,000,000

This account provides resources for information and communications systems. The Committee recommends $210,000,000. The recommendation is identical to the budget request. The Committee

recommendations, by initiative, are displayed in the following

table:

Capital investment fund

[In thousands of dollars]

Committee

recommendation

Diplomatic Telecommunications Service .............................................. 38,969

Mainframe computer centers ................................................................ 3,000

Central management functions ............................................................ 139,348

Subtotal, infrastructure systems ............................................... 181,317

Core foreign affairs systems ................................................................. 4,000

Financial systems .................................................................................. 5,000

Administrative systems ......................................................................... 13,483

Subtotal, corporate information systems & services ................ 22,483

Office automation .................................................................................. 500

Training .................................................................................................. 5,700

Total, capital investment fund ............................................................. 210,000

Some of the Committee recommendations displayed in the table

above are described in more detail in the following paragraphs.

Diplomatic Telecommunications Service.—The Diplomatic Telecommunications Service [DTS] was established in 1992 to create a

global telecommunications network for all agencies overseas. A single network was intended to reduce duplication in equipment, staffing, training, and operations, as well as achieve cost savings

through economies of scale. The Committee recommendation provides the budget request for DTS to maintain program momentum.

Internet Access at Overseas Posts.—The Committee commends

the Department on reaching its goal of providing e-mail capability

to all of its overseas posts through a global network called

OpenNet. In contrast to its progress in delivering e-mail capabilities, the Department has been slow in providing Internet access to

Department desktops. The Committee is aware of the Department’s

plan to build upon OpenNet with a system called OpenNet Plus to

provide web browsing capabilities. The world wide web has become

essential to the conduct of foreign policy. The Committee supports

the Secretary’s decision to place Information Technology (IT)

among the Department’s top priorities. Accordingly, the Department’s fiscal year 2002 request is fully funded, with the understanding that the target dates for completion of all IT programs

will be significantly expedited. The Committee expects OpenNet
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Plus Internet access to be provided to all State Department

desktops by January of 2003. The Department is directed to report

to the Committees on Appropriations no later than December 1,

2001 on the status of the implementation of its overall IT plan. At

that time, the Department should also be prepared to submit a

plan for the overhaul of its classified network, to include a time

frame and cost estimates.

Common Technology Platform.—Last year, the Committee directed the Department to create a common technology platform

whereby all agencies operating overseas may communicate and coordinate their activities. This common platform, called the ‘‘Collaboration Zone’’ was among the recommendations of the Overseas

Presence Advisory Panel (OPAP). While important, this is not as

high a priority as the delivery of Internet capabilities or the upgrading of the classified network. The Department is directed to report to the Committees on Appropriations on the status of this effort by October 1, 2001, at which time the Committee will consider

releasing in full the amount provided for this effort in fiscal year

2001.

OFFICE OF INSPECTOR GENERAL

Appropriations, 2001 ............................................................................. $28,427,000

Budget estimate, 2002 ........................................................................... 29,264,000

Committee recommendation ................................................................. 28,427,000

The Committee recommends an appropriation of $28,427,000.

The recommendation is $837,000 below the budget request.

EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS

Appropriations, 2001 ............................................................................. $231,078,000

Budget estimate, 2002 ........................................................................... 242,000,000

Committee recommendation ................................................................. 242,000,000

The Committee recommends an appropriation of $242,000,000.

The recommendation is identical to the budget request.

The Committee recommendations, by program, are displayed in

the following table:

Cultural and Educational Exchanges

[In thousands of dollars]

Committee

recommendation

Academic Programs:

Fulbright Program:

Students, Scholars, Teachers ........................................................... 119,495

Hubert H. Humphrey Fellowship Program ..................................... 6,222

Regional Scholars Program .............................................................. 2,049

Subtotal .......................................................................................... 127,766

Other Academic Programs:

Educational Advising & Student Services ...................................... 3,500

English Language Programs ............................................................ 3,000
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Committee

recommendation

Edmund S. Muskie Fellowship Program ......................................... 559

Subtotal .......................................................................................... 7,059

Other Special Academic Programs: American Overseas Research

Centers ................................................................................................... 2,321

Subtotal, Academic Programs .......................................................... 137,146

Professional & Cultural Programs:

International Visitors Program ............................................................... 52,000

Citizen Exchange Program ...................................................................... 17,861

Cultural Educational, and Workforce Development Exchanges to Africa ......................................................................................................... 750

Subtotal .............................................................................................. 70,611

Other Professional & Cultural Programs:

Mike Mansfield Fellowships Programs ................................................... 2,239

Irish Institute ........................................................................................... 500

Atlantic Corridor USA ............................................................................. 500

North/South Center .................................................................................. 1,500

Joiner Fellowships in War ....................................................................... 100

Padnos International Center ................................................................... 100

UNI-Cedar Falls Russo-American Exchange ......................................... 100

UNLV Global Business Exchange ........................................................... 100

UNR International Business Exchange .................................................. 100

Subtotal ................................................................................................. 5,239

Subtotal, Professional & Cultural ....................................................... 75,850

Exchanges Support:

Employee Compensation & Benefits ....................................................... 24,971

Program Direction & Administration ..................................................... 4,033

Subtotal ................................................................................................. 29,004

Total, Cultural & Educational Exchanges .......................................... 242,000

Some of the Committee recommendations displayed in the table

above are described in more detail in the following paragraphs.

Overseas educational advising centers.—The Committee strongly

supports the essential mission of overseas educational advising centers [OEACs] in recruiting international students to study at U.S.

colleges and universities. The Committee notes that modest funding for OEACs helped leverage $12,000,000,000 in spending by

international students and their dependents in communities and

higher education institutions throughout the United States in the

academic year 1999–2000. In the Committee’s view, OEACs must

receive adequate funding to keep pace with increasing competition

from other nations to attract foreign students.

Foreign policy priority.—The Committee recognizes that international education—imparting global literacy to students and other

citizens as an integral part of their education—is important to ensure our nation’s ability to meet key challenges, including national

security and the management of global conflict, competitiveness in

the global market, and an increasingly multi-cultural society. The

Committee suggests the Department of State, in cooperation with

the Department of Education and other agencies with exchange

programs, give higher priority to international education and raise
131

its level of importance on the national agenda. In particular, the

Committee urges the Department of State, the Department of Commerce, and the Department of Justice through the Immigration and

Naturalization Service to coordinate efforts to promote U.S. exchange programs and U.S. higher education abroad and to remove

unnecessary barriers for exchange visitors and students seeking access to the U.S. exchange programs and higher education institutions.

Seed programs.—The Committee has continued a modest program begun in fiscal year 2000 that provides one-time funding to

international exchange startups. These new programs are expected,

after their first year, to seek funding from outside sources. The

Committee will track the survival rate of new starts. The Bureau

of Educational and Cultural Exchanges is directed to provide advice and assistance to these new programs and to inform the Committee immediately of any change in their status.

Cultural, Educational, and Technical Exchanges to Africa.—Performances by touring U.S. dance and music troupes have afforded

our diplomats unusual access to oft-times elusive senior policymakers in Africa. At the same time, the lure of technological innovation, especially the explosion of the Internet, afford American

educators and entrepeneurs a rare opportunity to develop lasting

links with African elites. In particular, the potential appears to

exist to establish a ‘‘virtual university’’ in Africa that could prove

critical to literacy and economic development programs continentwide. The Committee recommendation provides $750,000 to revive

Federal support for touring companies as a means of expanding

and deepening diplomatic contacts throughout Africa, to establish

Internet-centric educational and workforce development programs,

and to explore the feasibility of establishing a virtual university in

Africa.

REPRESENTATION ALLOWANCES

Appropriations, 2001 ............................................................................. $6,485,000

Budget estimate, 2002 ........................................................................... 9,000,000

Committee recommendation ................................................................. 9,000,000

Representation allowances provide partial reimbursement to 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.

The Committee recommends an appropriation of $9,000,000. The

recommendation is identical to the budget request.

PROTECTION OF FOREIGN MISSIONS AND OFFICIALS

Appropriations, 2001 ............................................................................. $15,433,000

Budget estimate, 2002 ........................................................................... 10,000,000

Committee recommendation ................................................................. 10,000,000

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 recommends an appropriation of $10,000,000.

The recommendation is identical to the budget request.
132

The Committee directs that local jurisdictions that incur such

costs submit a certified billing for such costs in accordance with

program regulations. The Committee also recommends that in

those circumstances where a local jurisdiction will realize a financial benefit from a visit from a foreign dignitary through increased

tax revenues, that 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.

EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE

Appropriations, 2001 ............................................................................. $1,077,600,000

Budget estimate, 2002 ........................................................................... 1,291,006,000

Committee recommendation ................................................................. 1,066,951,000

This account provides the funding that allows the Department to

manage U.S. Government real property in over 200 countries worth

an estimated $12,500,000,000 and to maintain almost 14,000 residential, office, and functional properties, not only for the Department of State, but for all U.S. employees overseas.

The Committee recommends an appropriation of $1,066,951,000.

The recommendation $224,055,000 below the budget request.

The Committee recommendations by project or program are displayed in the following table:

Security and maintenance of U.S. missions

[In thousands of dollars]

Committee

recommendation

Direct Appropriations:

Leasehold Program ................................................................................... 130,941

Functional Programs:

Buy-out of Uneconomic Leases ......................................................... 35,000

Physical Security Upgrade ............................................................... 5,920

Safety & Fire Programs .................................................................... 10,000

Post Communications Support ......................................................... 6,100

Maintenance of Buildings ................................................................. 77,400

Facility Rehabilitation ...................................................................... 39,700

Moscow, Russia .......................................................................... 5,000

Istanbul, Turkey ......................................................................... 4,500

Improve Post Housing ............................................................... 6,300

Improve Marine Housing ........................................................... 2,600

Main State & Other Domestic Facilities ......................................... 24,700

Facility Maintenance Assistance ..................................................... 46,000

Energy Conservation & Investment ................................................ 3,800

Power Support Program ................................................................... 6,700

Seismic Program ................................................................................ 730

Subtotal, Functional Programs ..................................................... 274,450

Subtotal, Non-Security .................................................................. 405,391

Worldwide Security Upgrades:

Capital Program:

Housing:

Acquisition:

Post Housing—worldwide ........................................... 21,010

Marine Housing—worldwide ...................................... 7,450

Facilities:

Planning/Site Acquisition/Design ...................................... 43,000
133

Committee

recommendation

Annex—Moscow, Russia .............................................. [11,400]

Construction ........................................................................ 437,890

Annex—Moscow, Russia .............................................. [84,490]

Subtotal, Capital Projects ........................................ 509,350

Other Security Upgrades/Support Costs ......................................... 14,280

Perimeter Security Enhancements .................................................. 136,680

Overseas American Schools .............................................................. 1,250

Subtotal, Other Security Upgrades .............................................. 152,210

Subtotal, Security .......................................................................... 661,560

Total, Direct Appropriations ......................................................... 1,066,951

Unobligated Prior Year Balances:

Worldwide Security Upgrades:

Perimeter Security—Transfer to D&CP .......................................... 50,000

Program Execution ............................................................................ 37,060

Construction Security ....................................................................... 25,590

Administration .................................................................................. 23,396

Leasehold Program ........................................................................... 18,009

Subtotal, Unobligated Balances ................................................... 154,055

Anticipated Savings & Slippages ................................................................... ..................

Total, Security & Maintenance ............................................................ 1,221,006

Some of the Committee recommendations displayed in the table

above are described in more detail in the following paragraphs.

Cost savings.—By scrubbing the costs for a number of pending

construction projects, the leadership of the Office of Building Operations [OBO] was able to identify significant savings. The Committee commends the work of the OBO and believes that similar

savings can be achieved with projects proposed for fiscal year 2002.

The recommendation adjusts the funding levels of certain capital

projects in anticipation of an OBO cost review of these projects.

The Committee expects OBO to present its results on a project by

project basis as part of the reprogramming process.

Unobligated balances.—The Committee is aware that the Office

of Overseas Building Operations [OBO] is holding large unobligated balances. The Department’s continued resistance to executing

certain Congressionally-designated projects, such as those in Jerusalem and Taipei, and Congressional denial of a number of ill-considered projects, affords the Committee the opportunity to apply

prior year funds to current year projects, thus saving direct appropriations this year.

Moscow, Russia.—Over 26 agencies currently are using the Old

Embassy Building in Moscow, Russia. The Old Embassy Building

is rapidly deteriorating and posing life and health concerns for the

personnel which are still located in the facility. Additionally, the

building is within 15 feet of one of Moscow’s busiest thoroughfares

and has been frequently and violently attacked during the past 5

years. The United States and Russia share numerous vital interests, including preventing the proliferation of weapons of mass destruction, the long-term integration of a democratic Russia into

global economic and financial institutions, and engaging Russia on
134

a broad range of foreign policy issues, including the United Nations

and the Middle East peace process. Given these shared interests,

the Committee recommendation provides $95,890,000 for design,

site preparation, and construction of a new Unclassified Annex.

Family security.—As part of the overall response to the worldwide security threat to U.S. personnel abroad, the Committee recommendation includes $6,250,000 to enhance the security of post

housing and overseas American schools. The Committee expects to

be consulted prior to the release of these funds.

Buyout of uneconomic leases.—High lease costs deplete Department resources. The Committee supports efforts by the Department

to selectively acquire properties in cities with volatile rental markets, thus generating significant out-year savings. The Committee

recommendation provides $35,000,000 for opportunity purchases.

Marine security guards.—The Committee recommendation does

not include funding to expand the number of Marine security

guards at embassies, since the current state of guard housing is deplorable. Instead, the Committee recommendation provides

$10,050,000 to repair and improve existing Marine houses and

posts or acquire new housing.

The Department is directed to submit, and receive approval for,

only those projects or subaccounts funded under this account,

whether from direct appropriations or proceeds of sales, that deviate from the financial plan outlined above. Any proposed deviations

shall include project-level detail, and shall be provided to the Appropriations Committees not later than 60 days after the date of

enactment of this Act. Any deviation from the above plan shall be

treated as a reprogramming in the case of an addition greater than

$500,000 or as a notification in the case of a deletion, a project cost

overrun exceeding 25 percent, or a project schedule delay exceeding

6 months. Notification requirements also extend to the ‘‘rebaselining’’ of a given project’s cost estimate, schedule, or scope of work.

EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE

Appropriations, 2001 ............................................................................. $5,465,000

Budget estimate, 2002 ........................................................................... 15,500,000

Committee recommendation ................................................................. 5,465,000

This account provides resources for the Department of State to

meet emergency requirements while conducting foreign affairs. The

Committee recommendation provides funds for: (1) travel and subsistence expenses for relocation of Americans, U.S. Government

employees, 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; (3) payment of rewards for information concerning terrorists and war criminals; and

(4) representation expenses for senior Administration officials.

The Committee recommends an appropriation of $5,465,000. The recommendation is $10,035,000 below the budget request.

REPATRIATION LOANS PROGRAM ACCOUNT

Appropriations, 2001 ............................................................................. $1,193,000

Budget estimate, 2002 ........................................................................... 1,219,000

Committee recommendation ................................................................. 1,219,000
135

This account provides emergency loans to assist destitute Americans abroad who have no other source of funds to return to the

United States.

The Committee recommends an appropriation of $1,219,000. The

recommendation is identical to the budget request.

Less than 20 percent of repatriation loans are ever repaid. The

Committee strongly endorses efforts by consular services to limit

assistance only to victims of unforeseen circumstances or travelers

whose mental instability presents a risk to themselves or others.

PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN

Appropriations, 2001 ............................................................................. $16,309,000

Budget estimate, 2002 ........................................................................... 17,044,000

Committee recommendation ................................................................. 17,044,000

The Taiwan Relations Act requires that programs concerning

Taiwan be carried out by the American Institute in Taiwan [AIT].

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 AIT to carry out these

activities.

The Committee recommends an appropriation of $17,044,000.

The recommendation is identical to the budget request.

PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY

FUND

Appropriations, 2001 ............................................................................. $131,224,000

Budget estimate, 2002 ........................................................................... 135,629,000

Committee recommendation ................................................................. 135,629,000

This appropriation 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 Committee recommends an appropriation of $135,629,000.

The recommendation is identical to the budget request.

INTERNATIONAL ORGANIZATIONS AND CONFERENCES

CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

Appropriations, 2001 ............................................................................. $868,917,000

Budget estimate, 2002 ........................................................................... 878,767,000

Committee recommendation ................................................................. 1,091,348,000

This account funds payment of the obligations of U.S. membership in international organizations as authorized by treaties or specific acts of Congress.

The Committee recommends an appropriation of $1,091,348,000.

The recommendation is $212,581,000 above the budget request.

The Committee recommendations, by organization, are displayed

in the following table:
136

Contributions to international organizations

[In thousands of dollars]

Committee

recommendation

United Nations and affiliated agencies:

Food and Agriculture Organization .............................................. 72,741

International Atomic Energy Agency ............................................ 49,112

International Civil Aviation Organization ................................... 12,011

International Labor Organization ................................................. 54,873

International Maritime Organization ........................................... 1,168

International Telecommunications Union .................................... 5,871

United Nations—Regular ............................................................... 266,244

United Nations—War Crimes Tribunals ...................................... 24,000

United Nations—Synchronization of United States and United

Nations budget years .................................................................. 266,244

Universal Postal Union .................................................................. 1,312

World Health Organization ........................................................... 108,109

World Intellectual Property Organization .................................... 817

World Meteorological Organization ............................................... 8,259

Subtotal ........................................................................................ 870,761

Inter-American organizations:

Inter-American Institute for Cooperation on Agriculture ........... 16,560

Organization of American States .................................................. 54,196

Pan American Health Organization .............................................. 52,258

Pan American Institute of Geography and History ..................... 324

Subtotal ........................................................................................ 123,338

Regional organizations:

Asia-Pacific Economic Cooperation ............................................... 601

Colombo Plan Council for Technical Cooperation ........................ 15

North Atlantic Assembly ................................................................ 596

North Atlantic Treaty Organization ............................................. 43,975

Organization for Economic Cooperation and Development ......... 52,143

South Pacific Commission .............................................................. 1,104

Subtotal ........................................................................................ 98,434

Other international organizations:

Customs Cooperation Council ........................................................ 2,861

Hague Conference on Private International Law ........................ 103

International Agency for Research on Cancer ............................. 1,670

International Bureau/Permanent Court of Arbitration ............... 19

International Bureau/Publication of Customs Tariffs ................. 89

International Bureau of Weights and Measures .......................... 810

International Copper Study Group ............................................... 55

International Cotton Advisory Committee ................................... 222

International Center/Study of Preservation and Restoration of

Cultural Property ........................................................................ 748

International Hydrographic Organization .................................... 82

International Institute/Unification of Private Law ..................... 101

International Lead & Zinc Study Group ...................................... 56

International Office of Epizootics .................................................. 75

International Organization of Legal Metrology ........................... 94

International Rubber Study Group ............................................... 117

International Seed Testing Association ........................................ 7

International Tropical Timber Organization ................................ 159

International Union/Conservation of Nature and Natural Resources ......................................................................................... 251

International Grains Council ......................................................... 444

International Union/Protection of New Varieties of Plants ........ 163

Organization for the Prevention of Chemical Weapons .............. 12,950
137

Committee

recommendation

World Trade Organization/General Agreement on Tariffs and

Trade ............................................................................................ 12,739

Subtotal .................................................................................... 33,815

Spending reductions:

Exchange rate savings ................................................................... (20,100)

U.N. buydown ................................................................................. (14,900)

Administrative overhead ................................................................ ...........................

Subtotal ........................................................................................ (35,000)

Total, international organizations ............................................. 1,091,348

Some of the Committee recommendations displayed in the table

above are described in more detail in the following paragraphs.

Synchronization of United States and United Nations budget

years.—Twenty years ago a decision was made to put the United

States and United Nations budget years out of alignment. The

budget year of the United Nations begins in January. Prior to this

change, Administration requests sought funding for U.N. dues in

the fiscal year beginning in the October prior to dues being due.

After this change, funding for U.N. dues have been sought in the

fiscal year beginning in the October after dues are due. This 9

month delay in annual payment of U.N. regular dues has caused

difficulties for 20 years. The United Nations frequently chides the

United States for being in ‘‘arrears’’ for the period between the bill

for dues being received and being paid. This has had a negative impact on relations between Congress and the United Nations. The

Committee is aware that there are reasons enough for discord between Congress and the United Nations without additional bookkeeping challenges adding to the list. Therefore, the recommendation provides the funds necessary to synchronize the U.S. payment

of U.N. regular dues with the U.N. budget year.

Spending decreases.—The recommendation assumes exchange

rate savings due to the continuing strength of the U.S. dollar. The

recommendation also anticipates approval of a reprogramming involving $14,900,000 in fiscal year 2001 ‘‘Contribution to International Organizations’’ [CIO] funds that will be used to partially

prepay U.N. regular budget assessments for calendar year 2001 by

a like amount.

International Civil Aviation Organization.—The Committee recognizes the need for increased aviation safety and security throughout the world and commends the progress that the International

Civil Aviation Organization [ICAO] has made. In view of the importance of ICAO’s work to the United States and the rapid growth

of international civil aviation, the Committee recommendation provides the necessary funding for the United States to continue to

pay its 25 percent assessment. The Committee recommendation includes the additional budgetary resources necessary for the new

and expanded programs in safety and security undertaken by the

ICAO.
138

CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES

Appropriations, 2001 ............................................................................. $844,139,000

Budget estimate, 2002 ........................................................................... 844,139,000

Committee recommendation ................................................................. 773,182,000

This account funds U.S. payments for contributions for international peacekeeping activities.

The Committee recommends an appropriation of $773,182,000.

The recommendation is $70,957,000 below the budget request.

Sierra Leone.—The Revolutionary United Front [RUF] has had

several opportunities, including three cease fire agreements, to

demonstrate its commitment to peace, and each time it has merely

used the hiatus in the conflict as an opportunity to regroup and redeploy its forces. The Committee is concerned that the recent willingness of the RUF to honor the May 2001 ceasefire is nothing

more than the continuation of the same old practice and the RUF

does not desire peace, but rather fears that the Guinean army

poses a serious threat to its survival. The RUF is effectively using

the United Nations Peacekeeping mission to Sierra Leone

[UNAMSIL] as a shield against the Guinean army. Although the

Committee supports the deployment of U.N. peacekeepers to the

areas of Sierra Leone most in need, it remains skeptical of the

RUF’s motives for allowing it to do so. The Committee considers

the five principles laid out by the former U.S. Ambassador to the

U.N. to the Committee to form the basis of U.S. policy. These five

principles are: prevent rebel groups from having a role in government; support the British military presence; give regional and

international forces and the Sierra Leonean Army [SLA] the capacity to disrupt RUF control of the diamond-producing areas; assist

the government of Sierra Leone with institution-building; and develop a strategy for dealing with the current Liberian government.

Therefore, concurrent to the submission of a spend plan under Section 605, the Department of State is directed to provide the Committee written assurance that neither the U.N. nor the Government of Sierra Leone has made a promise of a political role for current or former members of the RUF or of amnesty to the same.

Twenty-Five Percent Cap.—Funding is provided to meet fully

U.S. assessments to UN peacekeeping operations at a level that is

consistent with the current legislative cap of 25 percent imposed by

section 404 of the Foreign Relations Authorization Act, fiscal years

1994 and 1995. When legislation is enacted to lift or modify this

restriction, the Committee will consider through the regular reprogramming process a request by the Department to reallocate

funding. This reprogramming would permit the United States to

meet its full assessment obligations.

East Timor.—The Committee is aware that, in anticipation of the

East Timor’s independence vote, scheduled for August 2001, the

Department has requested to open a U.S. post in Dili, East Timor.

While the Committee recognizes the eventual need for a U.S. presence in East Timor, it believes that the process should proceed prudently. The situation in East Timor, despite the relative success of

the U.N. Transitional Administration in East Timor [UNTAET], remains highly unstable. East Timor continues to be the third largest

peacekeeping initiative funded in the ‘‘Contributions for Inter-
139

national Peacekeeping Activities’’ account with over 15 percent of

the funding in this account directed toward the mission. The uncertainty surrounding East Timor’s path to independence gives this

Committee pause about sanctioning American people and assets to

East Timor while it is still unclear how they might be received. The

Department is therefore directed to report to the Committee on the

situation in East Timor by January 1, 2002, at which time the

Committee will reconsider the request.

INTERNATIONAL COMMISSIONS

INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES

AND MEXICO

SALARIES AND EXPENSES

Appropriations, 2001 ............................................................................. $7,126,000

Budget estimate, 2002 ........................................................................... 7,452,000

Committee recommendation ................................................................. 7,452,000

The Committee recommends an appropriation of $7,452,000. The

recommendation is identical to the budget request.

CONSTRUCTION

Appropriations, 2001 ............................................................................. $22,900,000

Budget estimate, 2002 ........................................................................... 25,654,000

Committee recommendation ................................................................. 24,154,000

The Committee recommends an appropriation of $24,154,000.

The recommendation is $1,500,000 below the budget request.

The Committee recommendations, by project, are displayed in

the following table:

International Boundary & Water Commission Construction

[In thousands of dollars]

Committee

recommendation

Boundary-wide construction:

Facilities renovation construction ................................................. 725

Heavy equipment replacement ...................................................... 500

Land mobile radio systems replacement ...................................... 750

Hydrological data collection system rehabilitation ...................... 750

Construction Administration ......................................................... 382

Subtotal, boundary-wide construction ....................................... 3,107

Rio Grande construction:

Rio Grande American Canal extension ......................................... 250

Rio Grande canalization continuation .......................................... 800

Rio Grande flood control system rehabilitation ........................... 1,150

Safety of dams rehabilitation ........................................................ 754

Subtotal, Rio Grande construction ............................................ 2,954

Colorado River construction: Colorado River boundary/capacity

preservation ........................................................................................ 340

Subtotal, construction ................................................................. 6,401

Operations & maintenance ................................................................... 17,753

Total ............................................................................................. 24,154

The Committee expects to be consulted prior to any deviation

from the above plan for fiscal year 2002.
140

AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS

Appropriations, 2001 ............................................................................. $6,726,000

Budget estimate, 2002 ........................................................................... 10,311,000

Committee recommendation ................................................................. 6,879,000

This account funds the U.S. share of expenses of the International Boundary Commission [IBC], the International Joint Commission [IJC], and the Border Environment Cooperation Commission [BECC].

The Committee recommends an appropriation of $6,879,000. The

recommendation is $3,432,000 below the budget request.

The Committee recommendations, by commission, are displayed

in the following table:

American Sections, International Commissions

[In thousands of dollars]

Committee

recommendation

International Boundary Commission:

Commission operations .................................................................. 494

Maine-Quebec project ..................................................................... 118

Washington-British Columbia ....................................................... 234

Montana-Alberta, British Columbia ............................................. 143

Subtotal, IBC ............................................................................... 989

International Joint Commission:

United States Section ..................................................................... 3,330

U.S. Geological Survey ................................................................... 520

Subtotal, IJC ............................................................................... 3,850

Border Environment Cooperation Commission:

Studies & investigations/solid waste projects .............................. 320

All other operations ........................................................................ 1,720

Subtotal, BECC ........................................................................... 2,040

Total, American sections ............................................................ 6,879

The Committee expects to be consulted prior to any deviation

from the above plan for fiscal year 2002.

INTERNATIONAL FISHERIES COMMISSIONS

Appropriations, 2001 ............................................................................. $19,349,000

Budget estimate, 2002 ........................................................................... 19,780,000

Committee recommendation ................................................................. 20,780,000

This account funds the U.S. share of the expenses of international fisheries commissions; participation in the International

Council for the Exploration of the Sea; participation in the North

Pacific Marine Sciences Organization; travel expenses of the U.S.

commissioners and their advisors; and salaries of non-Government

employees of the Pacific Salmon Commission for days actually

worked as commissioners and panel members and alternates.

The Committee recommends an appropriation of $20,780,000.

The recommendation is $1,000,000 above the budget request.

The Committee recommendations, by commission, organization,

or council, are displayed in the following table:
141

International Fisheries Commissions

[In thousands of dollars]

Committee

recommendation

Inter-American Tropical Tuna Commission .................................................. 2,100

Great Lakes Fishery Commission .................................................................. 13,248

Pacific Salmon Commission ............................................................................ 2,193

International Pacific Halibut Commission .................................................... 2,200

International Whaling Commission ............................................................... 110

North Pacific Anadromous Fish Commission ................................................ 99

Int’l Commission/Conservation of Atlantic Tunas ........................................ 151

Northwest Atlantic Fisheries Organization .................................................. 146

Commission for the Conservation of Antarctic Marine Living Resources .................................................................................................................. 100

North Atlantic Salmon Conservation Organization ...................................... 27

Int’l Council for the Exploration of the Seas ................................................. 120

North Pacific Marine Science Organization .................................................. 66

Inter-American Sea Turtle Convention Commission .................................... 120

Expenses of the U.S. Commissioners ............................................................. 100

Total ....................................................................................................... 20,780

The Committee expects to be consulted prior to any deviation

from the above plan for fiscal year 2002.

Of the amount provided for the Great Lakes Fishery Commission

[GLFC], not less than $300,000 shall be used to treat Lake Champlain with lampricide and lampricide alternative. The GLFC is directed to give priority to States that have provided matching grants

when distributing lampricide funds.

OTHER

PAYMENT TO THE ASIA FOUNDATION

Appropriations, 2001 ............................................................................. $9,230,000

Budget estimate, 2002 ........................................................................... 9,250,000

Committee recommendation ................................................................. 8,000,000

The Committee recommends an appropriation of $8,000,000. The

recommendation is $1,250,000 less than the budget request.

EISENHOWER EXCHANGE FELLOWSHIP PROGRAM

EISENHOWER EXCHANGE FELLOWSHIP PROGRAM TRUST FUND

Appropriations, 2001 ............................................................................. $499,000

Budget estimate, 2002 ........................................................................... 500,000

Committee recommendation ................................................................. 500,000

The Committee recommends an appropriation of $500,000 for interest and earnings in the Eisenhower Exchange Fellowship Program Trust Fund, authorized by the Eisenhower Exchange Fellowship Act of 1990 (Public Law 101–454). The recommendation is

equal to the budget request.

The Eisenhower Exchange Fellowship Act of 1990 authorized a

permanent endowment for the Eisenhower Exchange Fellowship

Program. The act established the Eisenhower Exchange Fellowship

Program Trust Fund in the U.S. Treasury for these purposes. A

total of $7,500,000 has been provided to establish a permanent endowment for the program, from which interest and earnings in the

fund are appropriated to Eisenhower Exchange Fellowships, Inc.
142

ISRAELI-ARAB SCHOLARSHIP PROGRAM

Appropriations, 2001 ............................................................................. $374,000

Budget estimate, 2002 ........................................................................... 375,000

Committee recommendation ................................................................. 375,000

The Committee recommends an appropriation of interest and

earnings for the Israeli-Arab Scholarship Endowment Fund estimated to be $375,000. The recommendation is equal to the budget

request.

A permanent endowment of $4,978,500 was established in fiscal

year 1992 with funds made available 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

Appropriations, 2001 ............................................................................. $13,470,000

Budget estimate, 2002 ........................................................................... 13,500,000

Committee recommendation ................................................................. 14,000,000

The Committee recommends an appropriation of $14,000,000. The recommendation is $500,000 above the request.

NATIONAL ENDOWMENT FOR DEMOCRACY

Appropriations, 2001 ............................................................................. $30,931,000

Budget estimate, 2002 ........................................................................... 31,000,000

Committee recommendation ................................................................. 31,000,000

The Committee recommends an appropriation of $31,000,000.

The recommendation is identical to the budget request.

RELATED AGENCY

BROADCASTING BOARD OF GOVERNORS

INTERNATIONAL BROADCASTING OPERATIONS

Appropriations, 2001 ............................................................................. $398,093,000

Budget estimate, 2002 ........................................................................... 428,234,000

Committee recommendation ................................................................. 414,752,000

This account funds the operating and engineering costs of Voice

of America [VOA], Radio Free Europe/Radio Liberty [RFE/RL],

Radio Free Asia [RFA], Worldnet Television, and the Broadcasting

Board of Governors [BBG].

The Committee recommends an appropriation of $414,752,000.

The recommendation is $13,482,000 below the budget request.

The Committee recommendations are displayed in the following

table:

[In thousands of dollars]

Committee

recommendation

Broadcasting Board of Governors ................................................................... 13,318

International Broadcasting Bureau:

Voice of America ....................................................................................... 110,876

VOA–TV .................................................................................................... 19,508

Engineering and technical operations .................................................... 107,617

Program support ....................................................................................... 20,398
143

Committee

recommendation

Administrative support ............................................................................ 47,015

Subtotal ................................................................................................. 318,732

Independent grantee organizations:

Radio Free Europe/Radio Liberty ............................................................ 69,527

Radio Free Asia ........................................................................................ 26,493

Uyghur ............................................................................................... [1,000]

Subtotal .......................................................................................... 96,020

Total, international broadcasting operations .............................. 414,752

Some of the Committee recommendations displayed in the table

above are described in more detail in the following paragraphs.

Post-Independence Agreement with the Department of State.—The

Committee is concerned by the lack of progress towards reaching

an agreement between the BBG and Department of State formalizing ‘‘post-independence’’ actions and responsibilities of the

BBG toward the Department. The Committee directs that, within

6 months of the date of enactment of this Act, the BBG and Department of State shall have signed a memorandum of understanding that delineates a formal arrangement for providing services to the Department and reimbursement for the cost of such

services.

Expansion of Broadcasting Capabilities.—The Committee is

aware that the Department of State is looking to enhance its own

broadcasting capabilities, a program decision which carries with it

the potential for overlap with current BBG services. The Department is directed to report to the Committee on its reasoning for requesting additional transmission and production services.

Shifting requirements.—The Committee believes an opportunity

exists to reach important and isolated minorities in the Northern

Caucasus. RFE/RL has in the past broadcast in native languages

to this region. The Committee believes that doing so today would

not be financially prohibitive, and further believes that the

Chechen crisis has created a genuine need in this region for objective, uncensored information. The Committee directs RFE/RL to expand broadcasting to the Northern Caucasus and to develop programming in Avar, Chechen, and Circassian. To the degree desirable, RFE/RL should exploit VOA–TV assets. RFE/RL shall report

back to the Committee on this effort not later than February 14,

2002.

The Committee recommendation includes a $1,000,000 increase

over the budget request for Radio Free Asia to increase daily

Uyghur broadcasts. Radio Free Asia’s Uyghur broadcasts are proving successful in northwest China in spite of top level officials efforts to erect ‘‘a steel wall’’ against ‘‘hostile radio stations from

abroad.’’ Africa Broadcasting.—The Committee is concerned with Voice of

America’s proposal to reduce funding for its Africa Division. Given

the political instability in numerous countries, and given the impact AIDS is having on the entire continent, funding for Africa

Broadcasting should be increasing. Within available funds, the

Committee recommendation includes $10,000,000 for Africa broad-
144

casting. VOA shall report back to the Committee on its AIDS education related broadcasting activities no later than March 22, 2002.

BROADCASTING TO CUBA

Appropriations, 2001 ............................................................................. $22,046,000

Budget estimate, 2002 ........................................................................... 24,872,000

Committee recommendation ................................................................. 24,872,000

This account funds the operating and engineering costs of Radio

and Television Marti.

The Committee recommends an appropriation of $24,872,000.

The recommendation is identical to the budget request.

BROADCASTING CAPITAL IMPROVEMENTS

Appropriations, 2001 ............................................................................. $20,313,000

Budget estimate, 2002 ........................................................................... 16,900,000

Committee recommendation ................................................................. 16,900,000

This account funds necessary maintenance, improvements, replacements, and repairs of broadcasting sites; satellite and terrestrial program feeds; and engineering support activities, broadcast

facility leases, and land rentals.

The Committee recommends an appropriation of $16,900,000.

The recommendation is identical to the budget request.

GENERAL PROVISIONS—DEPARTMENT OF STATE AND RELATED

AGENCIES

The Committee recommends the following general provisions:

Section 401 permits funds appropriated in this act for the Department of State to be available for allowances and differentials,

services, and hire of passenger transportation.

Section 402 permits up to 5 percent of any appropriation made

available in the bill for the Department of State and the U.S. Information Agency to be transferred between their respective appropriations. The language also provides that no appropriation shall

be decreased by more than 5 percent or increased by more than 10

percent by any such transfer. 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 prohibits the use of Department of State funds to

support the Palestinian Broadcasting Corp.

Section 404 limits the fundraising ability of criminal groups trafficking in ‘‘conflict’’ diamonds.

Section 405 prohibits the United Nations, or any of its specialized agencies, from imposing a tax on the Internet or international

currency transactions.

Section 406 requires that a consulate or diplomatic facility in Jerusalem be under the supervision of the U.S. Ambassador to Israel.

Section 407 requires government publications to list Jerusalem

as the capital of Israel.

Section 408 allows Israel to be recorded as the place of birth on

registrations of birth, certifications of nationality, and passport applications for U.S. citizens born in Jerusalem.
(145)

TITLE V—RELATED AGENCIES

DEPARTMENT OF TRANSPORTATION

MARITIME ADMINISTRATION

Appropriations, 2001 ............................................................................. $219,114,000

Budget estimate, 2002 ........................................................................... 103,032,000

Committee recommendation ................................................................. 291,732,000

The Maritime Administration [MarAd] in the Department of

Transportation is responsible for administering several programs

for the maritime industry relating to U.S. foreign and domestic

commerce and for national defense purposes.

The Committee recommends a total appropriation of

$291,732,000, which is $188,700,000 above budget request. The

Committee’s recommendations for specific accounts are described

below.

The Committee is concerned about foreign-owned hopper dredge

vessels, which were grandfathered by the Oceans Act of 1992 (Public Law 102–587), inappropriately expanding their domestic operations and unfairly disadvantaging the domestic industry. The

Committee directs the Administrator to review charters of vessels

engaged in dredging in the navigable waters of the United States,

in particular charterers who are not citizens of the United States

under section 2 of the Shipping Act, 1916, in order to ensure that

they are in compliance with current law and the intent of Congress.

MARITIME SECURITY PROGRAM

Appropriations, 2001 ............................................................................. $98,483,000

Budget estimate, 2002 ........................................................................... ...........................

Committee recommendation ................................................................. 98,700,000

The Committee recommends an appropriation of $98,700,000.

The recommendation is $98,700,000 above the budget request. The

Committee notes that the budget request recommended that jurisdiction over the Maritime Security Program be shifted to the Department of the Navy. The Committee does not recommend such a

move.

The Maritime Security program maintains a U.S.-flag merchant

fleet crewed by U.S. citizens who serve both the commercial and

national security needs of the United States. The Committee’s recommendation fully funds the 47 ships authorized to participate in

this program.

OPERATIONS AND TRAINING

Appropriations, 2001 ............................................................................. $86,719,000

Budget estimate, 2002 ........................................................................... 89,054,000

Committee recommendation ................................................................. 89,054,000
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The Committee recommends an appropriation of $89,054,000.

The recommendation is identical to the budget request.

This account funds operations of the Maritime Administration

[MarAd], the U.S. Merchant Marine Academy, and provides grants

to State maritime academies.

The recommendation includes $47,822,000 for the U.S. Merchant

Marine Academy and $7,457,000 for the State maritime schools.

Within the amounts provided for the U.S. Merchant Marine Academy, $3,000,000 is included to reduce the maintenance and repair

backlog at the Academy, and to begin to make needed capital improvements. Within the amounts for State maritime schools,

$1,200,000 is for student incentive payments, $1,200,000 is for direct scholarship payments, and $5,057,000 is for schoolship

maintanence and repair. The Committee notes that MarAd anticipates using $2,000,000 in Ready Reserve funds to support the

schoolship maintenance and repair program.

MARITIME GUARANTEED LOAN PROGRAM

Appropriations, 2001 ............................................................................. $33,912,000

Budget estimate, 2002 ........................................................................... 3,978,000

Committee recommendation ................................................................. 103,978,000

The Committee recommends an appropriation of $103,978,000. The recommendation is $100,000,000 above the budget request and

assumes administrative expenses of $3,978,000.

The Maritime Guaranteed Loan Program (title XI) provides subsidies for guaranteed loans for purchasers of vessels built in U.S.

shipyards and includes the guarantee for facilities or equipment

pertaining to marine operations related to any of those vessels.

The Committee is concerned that the Administration did not request a title XI subsidy for fiscal year 2002. Projects currently

under consideration, and many future maritime projects would be

in jeopardy under this proposal. The recommended subsidy

amount, when combined with $5,000,000 in anticipated carryover

balances, should provide sufficient funding to cover expected outyear requirements.

SHIP DISPOSAL PROGRAM

Appropriations, 2001 ............................................................................. ...........................

Budget estimate, 2002 ........................................................................... $10,000,000

Committee recommendation ................................................................. ...........................

The Committee does not recommend an appropriation for the Ship Disposal Program. The recommendation is $10,000,000 below

the budget request.

COMMISSION FOR THE PRESERVATION OF AMERICA’S HERITAGE

ABROAD

SALARIES AND EXPENSES

Appropriations, 2001 ............................................................................. $489,000

Budget estimate, 2002 ........................................................................... 489,000

Committee recommendation ................................................................. 489,000

The Committee recommends an appropriation of $489,000. This

amount is equal to the budget request. The recommendation will

allow the Commission to fund its administrative expenses through
147

appropriated funds while relying on privately donated funds for the

actual purchase and restoration of property.

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.

Revolutionary War heroes.—In recognition of the 225th anniversary of the signing of the Declaration of Independence, the Commission is directed to develop a plan for the preservation and interpretation of sites associated with the lives and deeds of foreignborn heroes of the American Revolution, including, but not limited

to, John Barry, Thaddeus Kosciusko, the Comtes d’Estaing, de

Grasse, and de Rochambeau, Baron Johann De Kalb, Count

Casimir Pulaski, Friedrich Wilhelm von Steuben, John Paul Jones,

and Gilbert du Motier, Marquis de Lafayette. The Commission

shall deliver a preliminary survey to the Committees on Appropriations not later than July 4, 2002.

COMMISSION ON CIVIL RIGHTS

SALARIES AND EXPENSES

Appropriations, 2001 ............................................................................. $8,800,000

Budget estimate, 2002 ........................................................................... 9,096,000

Committee recommendation ................................................................. 9,096,000

The Committee recommends an appropriation of $9,096,000 for

the salaries and expenses of the Commission on Civil Rights. The

recommendation is identical to the budget request. The Committee

recommendation includes $100,000 to hold hearings in Alaska on

recent incidents of racially motivated violence and to make recommendations to improve interracial relations.

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; (3) a prohibition

against reimbursing the chairperson for more than 125 billable

days; and (4) 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

Appropriation 2001 ................................................................................ ...........................

Budget estimate ..................................................................................... $3,000,000

Committee recommendation ................................................................. ...........................

The Committee does not recommend an appropriation. The recommendation is $3,000,000 below the budget request.

COMMISSION ON OCEAN POLICY

Appropriations, 2001 ............................................................................. $998,000

Budget estimate, 2002 ........................................................................... ...........................

Committee recommendation ................................................................. 2,500,000

The Committee recommends an appropriation of $2,500,000 for

the Commission on Ocean Policy. Legislation directing the President to establish a Commission on Ocean Policy, as the successor

to the objective, science-based 1966 Stratton Commission passed
148

during the 106th Congress. To date $4,500,000 has been appropriated for the Commission.

COMMISSION ON SECURITY AND COOPERATION IN EUROPE

SALARIES AND EXPENSES

Appropriations, 2001 ............................................................................. $1,367,000

Budget estimate, 2002 ........................................................................... 1,499,000

Committee recommendation ................................................................. 1,432,000

The Committee recommends an appropriation of $1,432,000. The

recommendation is $67,000 below the budget request.

The Commission was established in 1976 to ensure 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

Appropriations, 2001 ............................................................................. $499,000

Budget estimate, 2002 ........................................................................... 500,000

Committee recommendation ................................................................. 500,000

The Committee recommends an appropriation of $500,000. The

recommendation is identical to the budget request.

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

SALARIES AND EXPENSES

Appropriations, 2001 ............................................................................. $303,195,000

Budget estimate, 2002 ........................................................................... 310,406,000

Committee recommendation ................................................................. 310,406,000

The Committee recommends an appropriation of $310,406,000.

The recommendation is identical to the budget request. During the

past 4 years, the EEOC has received increases significantly higher

than most of the agencies funded under this bill.

The Committee recommendation includes $33,000,000 to fund

fair employment practices agencies. This should permit the EEOC

to increase the contract rate for cases closed to $575. In order to

ensure the EEOC understands the importance the Committee

places on the work of State and local fair employment practices

agencies, bill language is included to direct the agency to increase

funding for the charge rate paid to these agencies.

The Committee expects the agency to use its anticipated fiscal

year 2001 carryover funds and the remainder not used for the

above purposes to modernize its computer systems.

FEDERAL COMMUNICATIONS COMMISSION

SALARIES AND EXPENSES

Appropriations, 2001 ............................................................................. $229,494,000

Budget estimate, 2002 ........................................................................... 248,545,000

Committee recommendation ................................................................. 252,545,000
149

The Committee recommends an appropriation of $252,545,000 for

the salaries and expenses of the Federal Communications Commission [FCC], of which $218,757,000 is to be derived from collection

of existing fees. The remaining $33,788,000 is provided from direct

appropriations. The recommendation is $4,000,000 above the budget request. The Committee recommendation includes $10,997,000

for the FCC’s Information Technology requirements and initiatives.

This funding will provide for continued support and critical improvements for existing systems, and will ensure compliance with

government-wide standards pertaining to system security, accessibility and financial management. The funding will impact on all

five key FCC activities, which includes licensing, competition, enforcement, consumer information, and spectrum management.

The FCC is an independent agency charged with regulating

interstate and foreign communications, including radio, television,

wire, wireless, cable, and satellite. The FCC’s primary mission is

to promote competition, innovation, and deregulation in the communications industry. The U.S. communications markets will be

characterized predominately by competition and innovation over

the next 5 years that will greatly reduce the need for direct regulation and increase the need for the FCC to maintain an independent

technical engineering and economic expertise. The advent of Internet-based and other new technology-driven communications services will continue to erode the traditional regulatory distinctions

between different sectors of the communications industry.

Enforcement and Consumer Access.—Vigorous enforcement is a

fundamental prerequisite for competitive markets and expeditious

dispute resolution. Enforcement remains vital but is most effective

when fully and fairly implemented. Similarly, effective consumer

information programs are essential during this period. Consumers

must become familiar with the myriad new communications options

and providers available, as well as the new demands which emerge

from the advent of increased competition. Where competition does

not ensure access for all Americans to communications services, the

FCC will continue to promote universal service and other public interest policies to further the goal of ensuring all Americans have

access to telecommunications tools.

Excellence in Engineering.—The Committee recommends

$4,000,000 for the Excellence in Engineering program. The purpose

of the program is to reestablish the engineering preeminence of the

Commission so that it is more fluent in technology than the entities

it regulates.

Broadcast television standards.—The Committee is concerned

about the declining standards of broadcast television and the impact this decline is having on America’s children. An analysis of all

prime-time programming has found that overall sexual content,

foul language and violence have tripled over the past decade. In

December 1999, the FCC issued a notice of inquiry regarding the

public interest obligations of broadcasters during and after the

transition to digital transmission. The Committee directs the FCC

to continue to report to Congress on the issues associated with resurrecting a broadcast industry code of conduct for content of programming that, if adhered to by the broadcast industry, would protect against the further erosion of broadcasting standards.
150

FEDERAL MARITIME COMMISSION

SALARIES AND EXPENSES

Appropriations, 2001 ............................................................................. $15,466,000

Budget estimate, 2002 ........................................................................... 16,450,000

Committee recommendation ................................................................. 17,450,000

The Committee recommends an appropriation of $17,450,000.

The recommendation is $1,000,000 above the budget request.

The Federal Maritime Commission is an independent regulatory

agency charged with administering several laws relating to the waterborne domestic and foreign offshore commerce of the United

States.

FEDERAL TRADE COMMISSION

SALARIES AND EXPENSES

Appropriations, 2001 ............................................................................. $146,830,000

Budget estimate, 2002 ........................................................................... 156,270,000

Committee recommendation ................................................................. 156,270,000

The Federal Trade Commission [FTC] administers a variety of

Federal antitrust and consumer protection laws. Activities in the

antitrust area include detection and elimination of illegal collusion,

anticompetitive mergers, unlawful single-firm conduct, and injurious vertical agreements. The FTC regulates advertising practices,

service industry practices, marketing practices, and credit practices

as it addresses fraud and other consumer concerns.

The Committee recommends an appropriation of $156,270,000.

The recommendation is identical to the budget request. The Committee recommendation for fiscal year 2002 provides funding for a

total of 1,080 full time equivalents. The requested program level

will be fully funded by fees assessed on Hart-Scott-Rodino Act

premerger notification filings as authorized by section 605 of Public

Law 101–162.

Child Protection.—The FTC released a report last year that was

very critical of the entertainment industry and their persistent and

calculated marketing of violent games, movies, and music to children. In response to this report the entertainment industry has

promised to place tougher regulations on itself and voluntarily comply with the report’s recommendations. The Committee believes

that the FTC should continue and expand its efforts in this area

and directs the Commission to engage in the following three initiatives in fiscal year 2002.

(1) Consumer Research and Workshops.—The Committee directs

that $500,000 be provided to conduct focus group and survey research involving parents, retailers, and others involved in children’s entertainment activities. From these sessions it is hoped

that the FTC will be able to determine how best to deliver messages to consumers through retail outlets in the most efficient way.

(2) Underage Shopper-Retail Compliance Survey.—The Committee directs that $275,000 be provided for the FTC to contract

with an outside firm to conduct an additional ‘‘mystery shopper’’

survey. The study should be expanded to include the children’s purchase and rental of R-rated movie videos.
151

(3) Marketing Data Collection.—The Committee directs that

$135,000 be provided to ensure that the entertainment industry is

living up to its promises. The FTC is directed to contract with a

video monitoring, news clipping, and movie trailer service to record

television shows, family hour programing, movies, and to clip magazines and newspapers to check for inappropriate ad placements

and disclosure of rating information. In addition, actual products

should be purchased to ensure that rating, label, and lyric information is properly and adequately disclosed.

Competition.—The FTC’s Maintaining Competition Mission is

aimed at fostering and preserving our competitive market. The goal

of the competition mission is to prevent anticompetitive business

practices in the marketplace. The mission works to accomplish this

goal by identifying and stopping anticompetitive mergers, and by

preventing consumer injury through education. Mergers that are

anticompetitive can drive up consumer prices by millions of dollars

every year and can significantly diminish output, product quality,

innovation, and consumer choice. To identify anticompetitive mergers, the FTC relies primarily on the premerger notification required

by the Hart-Scott-Rodino Act. To distinguish between mergers that

threaten free markets and those likely to promote them, the FTC

uses sophisticated economic analysis and thorough factual investigation.

Consumer Protection.—The FTC is charged with eliminating unfair or deceptive acts or practices affecting commerce. The goal of

the consumer protection mission is to prevent fraud, deception, and

unfair business practices in the marketplace. The mission works to

accomplish this goal by identifying fraud, deception and unfair

practices that cause the greatest consumer injury, by stopping

these actions through law enforcement, and by preventing consumer injury through education. Staff in the FTC’s eight regions

support the consumer protection mission by bringing a wide variety

of consumer protection cases in various programs and acting as

contacts for State Attorneys General and other State and local consumer protection officials.

Internet.—The FTC is charged with monitoring compliance with

the Children’s Online Privacy Protection Act. The Committee’s recommendation ensures the agency is adequately prepared to meet

the challenges of increased fraud on the Internet and the agency’s

recognition that Internet fraud is an international phenomenon

since the Internet has no borders.

LEGAL SERVICES CORPORATION

PAYMENT TO THE LEGAL SERVICES CORPORATION

Appropriations, 2001 ............................................................................. $329,274,000

Budget estimate, 2002 ........................................................................... 329,300,000

Committee recommendation ................................................................. 329,300,000

The Committee recommends an appropriation of $329,300,000.

This is identical to the budget request. The Committee recommendation includes $310,000,000 for basic field programs, to be

used for competitively awarded grants and contracts, $12,400,000

for management and administration, $4,400,000 is for client self-
152

help and information technology, and $2,500,000 for the Office of

the Inspector General [OIG].

ADMINISTRATIVE PROVISIONS

The Committee recommendation continues the administrative

provisions contained in the fiscal year 1998 appropriations act

(Public Law 105–119) regarding operation of this program to provide basic legal services to poor individuals and the restrictions on

the use of Legal Services Corporation funds.

Grantees must agree not to engage in litigation and related activities with respect to a variety of matters including (1) redistricting; (2) class action suits; (3) representation of illegal aliens; (4)

political activities; (5) collection of attorney fees; (6) abortion; (7)

prisoner litigation; (8) welfare reform; (9) representation of charged

drug dealers during eviction proceedings; and (10) solicitation of clients. The exception to the restrictions in a case where there is imminent threat of physical harm to the client or prospective client

remains in place.

The manner in which LSC grantees are audited through contracts with certified public accountants for financial and compliance audits are continued along with the provisions on recompetition and debarment.

MARINE MAMMAL COMMISSION

SALARIES AND EXPENSES

Appropriations, 2001 ............................................................................. $1,696,000

Budget estimate, 2002 ........................................................................... 1,732,000

Committee recommendation ................................................................. 1,957,000

The recommendation provides $1,957,000 for the Marine Mammal Commission in fiscal year 2002. The recommendation is

$225,000 above the budget request.

The Committee recommendation provides $225,000 for the workshop described in a proposal submitted to Congress on April 20,

2001.

NATIONAL VETERANS’ BUSINESS DEVELOPMENT CORPORATION

Appropriations, 2001 ............................................................................. $4,000,000

Budget estimate, 2002 ........................................................................... 4,000,000

Committee recommendation ................................................................. 4,000,000

The Committee recommends an appropriation of $4,000,000. The

recommendation is identical to the budget request. The National

Veterans’ Business Development Corporation was authorized by

Public Law 106–50.

SECURITIES AND EXCHANGE COMMISSION

SALARIES AND EXPENSES

Appropriations, 2001 ............................................................................. $421,870,000

Budget estimate, 2002 ........................................................................... 437,900,000

Committee recommendation ................................................................. 514,047,000
153

The Securities and Exchange Commission [SEC] is an independent agency responsible for administering many of the Nation’s

laws regulating the areas of securities and finance.

The Committee recommendation provides total budget (obligational) authority of $514,047,000. The recommended amount

of budget authority is $76,147,000 above the budget request.

The recommendation assumes passage of the fee reduction provisions of S. 143. This legislation will result in significant reductions

in SEC transaction, registration, and merger and tender offering

fee rates. In fiscal year 2002, the Section 31 transaction fee rate

will decline from roughly $33 per million (1/300th of 1 percent) to

$15 per million, more than a 50 percent reduction. In addition, the

Section 6(b) registration fee rate will decline from $250 per million

(1/40th of 1 percent) to $92 per million, a reduction of nearly 63

percent. The fees associated with merger and tender offerings also

will decline to $92 per million. Fees collected from all three of these

sources will be made available to this appropriation as offsetting

collections. The Committee’s recommendation assumes that

$404,547,300 in fees collected in fiscal year 2001 and $109,500,000

in fees collected in fiscal year 2002 will be available as offsetting

collections.

For fiscal year 2002 the Committee continues to emphasize the

importance of the Office of Economic Analysis within the Commission and expects adequate funds be provided in order to carry out

these functions. 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 governmental and regulatory officials.

Internet Fraud.—The Commission’s Internet enforcement program has proven extremely successful. Internet fraud cases represent a growing proportion of the SEC’s caseload, increasing from

four percent in 1998 to sixteen percent in 2000. There have been

220 cases involving Internet fraud against 760 persons and entities. The Committee encourages the SEC to continue to aggressively carry out the multifaceted program of enforcement actions,

Internet surveillance of publicly accessible areas of the Internet

only, staff training in Internet investigative techniques, maintenance of the online Enforcement Complaint Center, and joint education and training sessions on Internet investigations for other

Federal, State SRO and international regulators. The Committee

also encourages the SEC to continue to cooperate with the Federal

Trade Commission, the Department of Justice, and other Federal

agencies to maximize coordination and the efficiency of all Federal

programs targeted at Internet fraud.

SMALL BUSINESS ADMINISTRATION

Appropriations, 2001 ............................................................................. $857,601,000

Budget estimate, 2002 ........................................................................... 546,000,000

Committee recommendation ................................................................. 773,457,000

The Committee recommends an appropriation of $773,457,000.

The recommendation is $231,457,000 above the budget request.
154

The total funding is distributed among the five SBA appropriation

accounts as described below.

SALARIES AND EXPENSES

Appropriations, 2001 ............................................................................. $367,824,000

Budget estimate, 2002 ........................................................................... 321,219,000

Committee recommendation ................................................................. 333,233,000

The Committee recommends a direct appropriation of $333,233,000 for the salaries and expenses of the Small Business

Administration. The recommendation is $12,014,000 above the

budget request. The Committee does not recommend funding for

the SBA’s systems modernization initiative. The Committee has, in past years, provided $32,000,000 for this purpose, of which

$8,000,000 remains unobligated. The Committee is aware that SBA

has used funding appropriated for the Systems Modernization Initiative for other purposes. Further, the SBA moved funds out of the

Systems Modernization Initiative without a reprogramming request

as is required under Section 605 of this Act. The SBA has obligated

$8,000,000 from prior year appropriations in the Federal System

Integration and Management Center account (FEDSIM) to be held

until projects are ready for acquisition. The Committee recommendation reduces the SBA Salaries and Expenses account by

$8,000,000. The Committee recommends that SBA submit a reprogramming request to move funds from the FEDSIM account to

the Salaries and Expenses account if it wishes to make up the difference in funding. Also, the Committee does not recommend funding for the workforce transition.

The Committee recommendation includes requested language au- thorizing $3,500 for official reception and representation expenses

and language authorizing SBA to charge fees to cover the cost of

publications and certain loan servicing activities.

NON-CREDIT BUSINESS ASSISTANCE PROGRAMS

For SBA’s non-credit business assistance programs, the Com- mittee recommends an appropriation of $183,914,000. The Committee recommends the following amounts for these programs:

Small Business Development Centers ................................................. $88,000,000

USEAC Program .................................................................................... 3,100,000

Business LINC ....................................................................................... 7,000,000

New Freedom Initiative ........................................................................ 5,000,000

Drug-free Workplace Grants ................................................................. 3,500,000

Asset Sales Program Financial Officer ................................................ 1,500,000

Regulatory Fairness Bonds ................................................................... 500,000

SCORE .................................................................................................... 5,000,000

BICs ........................................................................................................ 500,000

Women’s Business Centers ................................................................... 12,000,000

Women’s Council .................................................................................... 750,000

Women’s Procurement Assistance ........................................................ 500,000

7(j) Technical Assistance ....................................................................... 3,600,000

Advocacy Research/Database ................................................................ 1,100,000

Microloan Technical Assistance ............................................................ 20,000,000

Veteran’s Business Development Assistance ....................................... 750,000

PRO-Net ................................................................................................. 500,000

Ombudsman and Regulatory Fairness Board ..................................... 500,000

SBIR Technical Assistance ................................................................... 1,500,000

Federal and State Technology Partnership Program ......................... 3,500,000

HubZone Progam ................................................................................... 2,000,000

PRIME Technical Assistance ................................................................ 15,000,000
155

The Committee believes the Small Business Development Centers (SBDCs) provide useful services to small businesses nationwide. Federal funding of the SBDC program constitutes the seed

funding for the program, which is leveraged one or two times by

State, local, and private funds. In the fiscal year 2002 budget request, the administration is proposing that the SBDCs be required

to collect fees from small business owners and entrepreneurs to reduce the annual appropriation by $12,207,000. Section 502(d) of the

Small Business Reauthorization Act of 1997 prohibits the SBDCs

from imposing or collecting fees in connection with the small business counseling services provided by the program. The Committee

recommends that this prohibition should not be rescinded or modified, and further recommends that $88,000,000 be provided for this

program.

The Committee has in the past provided funding to the SBA to

reimburse the Census Bureau for costs of conducting the regular

Census Survey of Women Business. Data from this survey is critical to implementing the set-aside authority through the SBA Office of Federal Contract Assistance for Women. The Committee recommendation provides no funding for this survey through the SBA

account, but instead provides the requested level of $694,000

through the Bureau of Census account. The Committee directs the

Census Bureau to provide the SBA with the data that it collects

in conducting this survey.

The Committee is aware that there are instances in several cities

where Business Information Centers and U.S. Export Assistance

Centers are located in separate sites within blocks of each other,

rather than in a single location. The Committee recommends that

these centers be collocated whenever and wherever possible with

the Small Business Development Centers. To this effect, the Committee directs the SBA to provide a plan no later than January 15,

2002 on how it plans collocations.

The Committee notes that information regarding the use, services and merits of One Stop Capital Shops [OSCS] is limited. SBA

reports that the OSCS counseled 43,000 people last year and yet

this resulted in only 430 loans. One percent is not an impressive

return for a program designed to provide access to capital. The

Committee observes that the efforts of OSCS are duplicative of

other more established SBA programs and recommends no funding

for this program for fiscal year 2002.

The Committee recommendation provides funding of $20,000,000

for the Microloan Technical Assistance Program and $15,000,000

for the PRIME technical assistance program. The Committee believes the PRIME program has great promise for providing assistance to the entrepreneurs who have no access to capital and has

a training component for assisting these small businesses which is

missing in some of the other SBA assistance programs.

The Committee recommendation includes $7,000,000 for

BusinessLINC and $3,500,000 for Drug-Free Workplace Grants.

The Committee recommends $1,500,000 for Small Business Innovation Research (SBIR) technical assistance and $3,500,000 for the

Federal and State Technology Partnership Program (FAST). The

FAST program encourages organizations in States to assist in the

development of small high-technology businesses. The Committee
156

believes that increasing the overall participation in the SBIR program by high-technology small businesses will ultimately lead to

an overall increase in the quality of SBIR proposals and completed

projects. The Committee recommends an appropriation of $4,000,000 for

the National Veterans’ Business Development Corporation, as authorized by Public Law 106–50. The Committee has, for the first

time, recommended this amount as a separate appropriation found

elsewhere in the bill. The Committee recommends the request of

$750,000 for Veteran’s Business Development Assistance.

OFFICE OF INSPECTOR GENERAL

Appropriations, 2001 ............................................................................. $11,927,000

Budget estimate, 2002 ........................................................................... 11,927,000

Committee recommendation ................................................................. 11,000,000

The Committee recommends an appropriation of $11,000,000 for

the Office of Inspector General of the Small Business Administration. The recommendation is $927,000 below the budget request.

The Committee directs the Inspector General’s office to continue

the activities outlined in the fiscal year 2001 Senate report, and expects the office to report on its progress in reviewing and auditing

the agency’s financial management systems. The bill contains lan- guage making $500,000 available to the Inspector General’s office

from funds made available to the disaster loan program for its activities.

BUSINESS LOANS PROGRAM ACCOUNT

Appropriations, 2001 ............................................................................. $293,762,000

Budget estimate, 2002 ........................................................................... 130,500,000

Committee recommendation ................................................................. 224,360,000

The Committee recommends an appropriation of $224,360,000 for

the business loans program account. The recommendation is

$93,860,000 above the budget request. Of the amount provided,

$129,000,000 is for administrative expenses related to this account.

The administrative expenses may be transferred to and merged

with SBA salaries and expenses to cover the common overhead expenses associated with the business loan programs.

The Committee recommendation includes an appropriation of $93,500,000 to support a $10,700,000,000 7(a) loan program. This

assumes a subsidy rate of 1.07 percent and a carryover balance of

$21,000,000. The small business community is dependent on the

SBA 7(a) program to obtain long-term financing at a competitive

interest rate. Each year, 40,000 or more small business concerns,

who cannot obtain comparable credit elsewhere, turn to the 7(a)

program for critical financing. Currently, both the borrowers and

the lenders pay significant fees to the SBA to help offset the credit

subsidy cost necessary to underwrite the program. The budget request seeks to increase the fees paid by borrowers and lenders to

offset the need for an annual appropriation. The net result of the

Administration’s budget request would be to drive both the small

business borrowers and lenders from the program. Furthermore,

the Committee believes the SBA should achieve a goal of a zero

subsidy rate for the 7(a) loan program. However, the same result

can be achieved by a comprehensive review of subsidy cost esti-
157

mates for the 7(a) program. Previous reports from the GAO indicate that subsidy costs have been inflated. OMB estimates of the

subsidy cost of the 7(a) program consistently show execution rates

are inflated. This could lead to the overcharging of small business

owners. The Committee believes that the 7(a) program is already

operating near a zero subsidy rate and that the budget request

should contain a one-time accurate accounting change to reflect

that reality. The Committee recommends that this one-time accounting change be reflected in future budget requests. The Senate

includes bill language requiring the SBA to submit a reprogramming under section 605 if the agency wishes to exceed a program

level of $10,000,000,000. The recommendation includes $1,860,000

in subsidy budget authority for the Microloan program, which will

support a program level of approximately $25,500,000 in fiscal year

2002, assuming a subsidy rate of 6.78 percent. The Committee recommendation provides no funding for funds guaranteed by the SBA

under the SBIC programs. The SBIC programs are a unique partnership of public and private funds in which SBA–guaranteed

funds supplement the capital of private venture capital investment

firms. The budget request recommends increasing fees paid by the

SBICs to offset the annual appropriation needed to fund the debentures guaranteed under the SBIC Participating Security program.

This change would require an increase from 1.0 percent to 1.37 percent to the annual interest surcharge paid by the SBICs to the SBA

on their outstanding balances of the SBA–guaranteed investment

funds. The Committee concurs with the budget request on this

matter. This will allow for a $3,500,000,000 program level, as authorized.

DISASTER LOANS PROGRAM ACCOUNT

Appropriations, 2001 ............................................................................. $184,088,000

Budget estimate, 2002 ........................................................................... 78,354,000

Committee recommendation ................................................................. 204,864,000

The Committee recommends an appropriation of $204,864,000 for the disaster loan program. The recommendation is $126,510,000

above the budget request. Of the amount provided, $79,510,000 is

for direct loan subsidies. This amount, combined with carryover

and recoveries of $37,850,000 will provide for a program level of

$800,000,000. The remaining $125,354,000 is made available for

administrative expenses for the program, and can be merged with

the agency’s salaries and expenses account.

ADMINISTRATIVE PROVISIONS

The Committee wishes to underscore the reprogramming requirements outlined in section 605. This recommendation includes an

administrative provision in the bill language, as in last year’s bill,

providing the authority to transfer funds between the Small Business Administration’s appropriations 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 under section 605. In addition, a reprogramming notification is required in any proposed organization, whether or not funding transfers will be associated with the proposed reorganization.
158

STATE JUSTICE INSTITUTE

SALARIES AND EXPENSES

Appropriations, 2001 ............................................................................. $6,835,000

Budget estimate, 2002 ........................................................................... 15,000,000

Committee recommendation ................................................................. 14,850,000

The Committee recommends an appropriation of $14,850,000. The recommendation is $150,000 below the budget request.

The Institute was created in 1984 to further the development

and adoption of improved judicial administration in State courts.

This goal is reached through grants which (1) create a national program of assistance to assure a fair and effective system of justice,

(2) foster coordination with the Federal Judiciary in areas of mutual concern, (3) promote recognition of the separation of powers,

or (4) provide education to judges and support personnel through

national organizations.

UNITED STATES-CANADA ALASKA RAIL COMMISSION

SALARIES AND EXPENSES

Appropriations, 2001 ............................................................................. $0

Budget estimate, 2002 ........................................................................... 0

Committee recommendation ................................................................. 4,000,000

The United States-Canada Alaska Rail Commission is chartered

to explore the feasibility of connecting continental railway systems

to the Alaska railway.

The Committee recommendation provides $4,000,000. The recommendation is $4,000,000 above the budget request.
(159)

TITLE VI—GENERAL PROVISIONS

The Committee recommends the following general provisions for

the departments and agencies funded in the accompanying bill.

Section 601 prohibits any appropriation act from being used for

publicity or propaganda purposes not authorized by law.

Section 602 prohibits any appropriation contained in the act from

remaining available for obligation beyond the current year unless

expressly so provided.

Section 603 provides that the expenditure for 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 establishes a Deputy Attorney General for combatting terrorism.

Section 605 stipulates Committee policy concerning the reprogramming of funds. Section 605(a) prohibits the reprogramming

of funds which: (1) create 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; (6) contracts out or privatizes any function

or activity presently performed by Federal employees—unless the

Appropriations Committees of the House and Senate are notified

15 days in advance.

Section 605(b) prohibits a reprogramming of funds in excess of $500,000 or 10 percent, whichever is more, 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 the

House and Senate are notified 15 days in advance.

Section 606 increase the amount of funds available to improve

the immigration inspection process at air ports of entry.

Section 607 prohibits construction, repair, overhaul, conversion,

or modernization of NOAA ships outside of the United States.

Section 608 makes permanent Section 140 of Public Law 97–92.

Section 609 prohibits funds in the bill 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 610 establishes notification requirements for new peacekeeping missions.
160

Section 611 limits the use of funds for diplomatic facilities in

Vietnam unless certain conditions are met.

Section 612 prohibits the use of funds to provide certain amenities and personal comforts in the Federal prison system.

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. The

language also provides transfer of authority between appropriation

accounts to carry out the provision subject to the reprogramming

procedures outlined in section 605 of this act.

Section 614 limits the availability of pornography to Federal prisoners.

Section 615 prohibits funds from being used to issue a visa to

any alien involved in extrajudicial and political killings in Haiti.

Section 616 prohibits a user fee from being charged for background checks conducted pursuant to the Brady Handgun Control

Act of 1993 and prohibits implementation of a background check

system that does not require and result in the immediate destruction of certain information.

Section 617 delays obligation of some receipts deposited into the

Crime Victim Fund.

Section 618 ties visa issuance to cooperation on so-called ‘‘nonreturnables’’. Section 619 limits the placement of maximum or high security

prisoners to appropriately secure facilities.

Section 620 redefines the terms of service for certain Government

financed attorneys.

Section 621 makes technical corrections to Public Law 106–246.

Section 622 extends current law for an additional 5 years. The

Pacific Coast States will be allowed to manage Dungeness crab out

to 200 nautical miles until a Fisheries Management Plan is in

place.
(161)

TITLE VII—RESCISSIONS

DEPARTMENT OF STATE AND RELATED AGENCIES

DEPARTMENT OF STATE

CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES

(RESCISSION)

The Committee recommends a rescission of $126,620,000 from

the unobligated balances available in the ‘‘Contributions for International Peacekeeping Activities’’ account.
(162)

COMPLIANCE WITH PARAGRAPH 7, RULE XVI OF THE

STANDING RULES OF THE SENATE

Rule XVI, paragraph 7 requires that every report on a general

appropriation bill filed by the Committee must identify items of appropriation not made to carry out the provisions of an existing law,

a treaty stipulation, or an act or resolution previously passed by

the Senate during that session.

The following appropriations have not been authorized either in

whole or in part and fall under this rule:

Title I—Department of Justice: General administration, salaries

and expenses; administrative review and appeals, Office of the Inspector General; United States Parole Commission, salaries and expenses; general legal activities, salaries and expenses; National

Childhood Vaccine Injury Act; Antitrust Division, salaries and expenses; U.S. attorneys, salaries and expenses; Foreign Claims Settlement Commission; fees and expenses of witnesses; Federal Bureau of Investigation, salaries and expenses; Drug Enforcement Administration, salaries and expenses; Drug Enforcement Administration, construction; Immigration and Naturalization Service, salaries

and expenses; Federal Prison System, salaries and expenses; Federal Prison System, building and facilities; Federal Prison Industries, Inc.; limitation on administrative expenses; Federal Prison

Industries Inc.; juvenile justice programs; juvenile justice delinquency prevention; State and local law enforcement assistance

block grants; Weed and Seed Program; Missing Children’s Program; and Victims of Child Abuse Act Program.

Title II—Department of Commerce and related agencies: Office of

the U.S. Trade Representative, salaries and expenses; International Trade Commission, salaries and expenses; Export Administration, operations and administration; International Trade Administration, operations and administration; economic development

assistance programs; Patent and Trademark Office; National Institute of Standards and Technology, scientific and technical research

and services; NIST industrial technology services; NIST construction of research facilities; National Oceanic and Atmospheric Administration operations, research, and facilities; NOAA construction; and Minority Business Development Agency.

Title V—Related agencies: Department of Transportation; Maritime Administration, operations and training; Commission on Civil

Rights; Federal Communications Commission (except offsetting fee

collections); Legal Services Corporation; and Securities and Exchange Commission.

COMPLIANCE WITH PARAGRAPH 7(C), RULE XXVI OF THE

STANDING RULES OF THE SENATE

Pursuant to paragraph 7(c) of rule XXVI, the Committee ordered

reported, en bloc, an original fiscal year 2002 Departments of Com-
163

merce, Justice, and State, the Judiciary, and related agencies appropriations bill, S. 1215, and an original fiscal year 2002 Departments of Veterans Affairs and Housing and Urban Development,

and Independent Agencies appropriations bill, S. 1216, each subject

to amendment and each subject to its budget allocations, by a recorded vote of 29–0, a quorum being present. The vote was as follows:

Yeas Nays

Chairman Byrd

Mr. Inouye

Mr. Hollings

Mr. Leahy

Mr. Harkin

Ms. Mikulski

Mr. Reid

Mr. Kohl

Mrs. Murray

Mr. Dorgan

Mrs. Feinstein

Mr. Durbin

Mr. Johnson

Mrs. Landrieu

Mr. Reed

Mr. Stevens

Mr. Cochran

Mr. Specter

Mr. Domenici

Mr. Bond

Mr. McConnell

Mr. Burns

Mr. Shelby

Mr. Gregg

Mr. Bennett

Mr. Campbell

Mr. Craig

Mrs. Hutchison

Mr. DeWine

COMPLIANCE WITH PARAGRAPH 12, RULE XXVI OF THE

STANDING RULES OF THE SENATE

Paragraph 12 of the rule XXVI requires that Committee reports

on a bill or joint resolution repealing or amending any statute or

part of any statute include ‘‘(a) the text of the statute or part thereof which is proposed to be repealed; and (b) a comparative print of

that part of the bill or joint resolution making the amendment and

of the statute or part thereof proposed to be amended, showing by

stricken-through type and italics, parallel columns, or other appropriate typographical devices the omissions and insertions which

would be made by the bill or joint resolution if enacted in the form

recommended by the committee.’’ In compliance with this rule, the following changes in existing

law proposed to be made by this bill are shown as follows: existing

law to be omitted is enclosed in black brackets; new matter is
164

printed in italic; and existing law in which no change is proposed

is shown in roman.

TITLE 5—GOVERNMENT ORGANIZATION AND

EMPLOYEES

* * * * * * *

PART III—EMPLOYEES

* * * * * * *

Subpart B—Employment and Retention

* * * * * * *

CHAPTER 31—AUTHORITY FOR EMPLOYMENT

* * * * * * *

SUBCHAPTER II—THE SENIOR EXECUTIVE SERVICE

§ 3132. Definitions and exclusions

(a) For the purpose of this subchapter—

(1) * * *

(A) * * *

* * * * * * *

(C) the Federal Election Commission; øor¿

(D) the Office of the Comptroller of the Currency, the

Office of Thrift Supervision, the Federal Housing Finance

Board, the Resolution Trust Corporation, the Farm Credit

Administration, the Office of Federal Housing Enterprise

Oversight of the Department of Housing and Urban Development, and the National Credit Union Administration; or

(E) the Securities and Exchange Commission.

* * * * * * *

Subpart D—Pay and Allowances

* * * * * * *

CHAPTER 53—PAY RATES AND SYSTEMS

* * * * * * *

SUBCHAPTER VII—MISCELLANEOUS PROVISIONS

§ 5373. Limitation on pay fixed by administrative action

(a) * * *

* * * * * * *

(1) * * *

(2) section 831b of title 16; øor¿

(3) sections 403a–403c, 403e–403h, and 403j of title 50ø.¿;

or

(4) section 4(b) of the Securities Exchange Act of 1934.

* * * * * * *
165

TITLE 8—ALIENS AND NATIONALITY

* * * * * * *

CHAPTER 12—IMMIGRATION AND NATIONALITY

* * * * * * *

SUBCHAPTER II—IMMIGRATION

* * * * * * *

PART IX—MISCELLANEOUS

Sec. 1356. Disposition of moneys collected under the provisions of this subchapter

(a) * * *

* * * * * * *

(e) Limitations on fees

ø(1) 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:

ø(a) Canada,

ø(b) Mexico,

ø(c) a State, territory or possession of the United States,

or

ø(d) any adjacent island (within the meaning of section

1101(b)(5) of this title).¿

(1)(A) Except as provided in subparagraph (B), the Attorney

General is authorized to charge and collect a fee in the amount of

$3 for each individual with respect to whom immigration inspection

services or preinspection services are provided in connection with

the arrival in the United States of the individual as a passenger on

a commercial vessel, if the passenger’s journey originated in any of

the following:

(i) Mexico.

(ii) Canada.

(iii) A State, territory, or possession of the United States.

(iv) Any adjacent island (within the meaning of section

101(b)(5)).

(B) The authority of subparagraph (A) does not apply to immigration inspection services or preinspection services provided at a

designated port of entry in connection with the arrival of a passenger by means of a Great Lakes international ferry, or by means

of any vessel that transits the Great Lakes or its connecting waterways, if the ferry or other vessel operates on a regular schedule.

* * * * * * *

TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE

* * * * * * *
166

PART II—DEPARTMENT OF JUSTICE

* * * * * * *

CHAPTER 31—THE ATTORNEY GENERAL

* * * * * * *

§ 504. Deputy øAttorney¿ Attorneys

The President may appoint, by and with the advice and consent

of the Senate, a Deputy Attorney General and a Deputy Attorney

General for Combating Domestic Terrorism.

* * * * * * *

TITLE 42—THE PUBLIC HEALTH AND WELFARE

* * * * * * *

CHAPTER 112—VICTIM COMPENSATION AND

ASSISTANCE

* * * * * * *

§ 10601. Crime Victims Fund

(a) * * *

* * * * * * *

(d) * * *

* * * * * * *

(3) Of the sums remaining in the Fund in any particular fiscal year after compliance with paragraph (2), such sums as

may be necessary shall be available for the United States Attorneys Offices and the Federal Bureau of Investigation to improve services for the benefit of crime victims in the Federal

criminal justice systemø.¿ , and for a Victim Notification System.

* * * * * * *

IMMIGRATION AND NATIONALITY ACT

SEC. 245. (a) * * *

* * * * * * *

(i)(1) øNotwithstanding the provisions of subsections (a) and (c)

of this section, an alien physically present in the United States—

ø(A) who—

ø(i) entered the United States without inspection; or

ø(ii) is within one of the classes enumerated in subsection (c) of this section; and

ø(B) who is the beneficiary (including a spouse or child of

the principal alien, if eligible to receive a visa under section

203(d)) of—

ø(i) a petition for classification under section 204 that

was filed with the Attorney General on or before January

14, 1998; or
167

ø(ii) an application for a labor certification under section 212(a)(5)(A) that was filed pursuant to the regulations

of the Secretary of Labor on or before such date;

ømay apply to the Attorney General for the adjustment of his or

her status to that of an alien lawfully admitted for permanent residence. The Attorney General may accept such application only if

the alien remits with such application a sum equalling $1,000 as

of the date of receipt of the application, but such sum shall not be

required from a child under the age of seventeen, or an alien who

is the spouse or unmarried child of an individual who obtained

temporary or permanent resident status under section 210 or 245A

of the Immigration and Nationality Act or section 202 of the Immigration Reform and Control Act of 1986 at any date, who—

ø(i) as of May 5, 1988, was the unmarried child or spouse

of the individual who obtained temporary or permanent resident status under section 210 or 245A of the Immigration and

Nationality Act or section 202 of the Immigration Reform and

Control Act of 1986;

ø(ii) entered the United States before May 5, 1988, resided

in the United States on May 5, 1988, and is not a lawful permanent resident; and

ø(iii) applied for benefits under section 301(a) of the Immigration Act of 1990. The sum specified herein shall be in addition to the fee normally required for the processing of an application under this section.¿

Notwithstanding the provisions of subsections (a) and (c) of this section, an alien physically present in the United States who—

(A) entered the United States without inspection; or

(B) is within one of the classes enumerated in subsection (c) of this section, may apply to the Attorney General for the adjustment of his or her status to that of an

alien lawfully admitted for permanent residence.

(2) Upon receipt of such an application and the sum hereby required, the Attorney General may adjust the status of the alien to

that of an alien lawfully admitted for permanent residence if—

(A) the alien is eligible to receive an immigrant visa and

is admissible to the United States for permanent residence;

and

(B) an immigrant visa is immediately available to the alien

at the time the application is filed.

(3)(A) The portion of each application fee (not to exceed $200)

that the Attorney General determines is required to process an application under this section and is remitted to the Attorney General

pursuant to paragraphs (1) and (2) of this subsection shall be disposed of by the Attorney General as provided in subsections (m),

(n), and (o) of section 286.

ø(B) Any remaining portion of such fees remitted under such

paragraphs shall be deposited by the Attorney General into the

Breached Bond/Detention Fund established under section 286(r).¿

(B) One-half of any remaining portion of such fees remitted

under such paragraphs shall be deposited by the Attorney General

into the Immigration Examination Fee Account established under

section 286(m), and one-half of any remaining portion of such fees
168

shall be deposited by the Attorney General into the Breached Bond/

Detention Fund established under section 286(r).

* * * * * * *

CHAPTER 1—SELECTION SYSTEM

* * * * * * *

CHAPTER 2—QUALIFICATIONS FOR ADMISSION OF ALIENS; TRAVEL

CONTROL OF CITIZENS AND ALIENS

* * * * * * *

DISPOSITION OF MONEYS COLLECTED UNDER THE PROVISIONS OF THIS

TITLE

SEC. 286. (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.

* * * * * * *

(h) DISPOSITION OF RECEIPTS.—(1)(A) * * *

* * * * * * *

(2)(A) * * *

* * * * * * *

(B) * * *

* * * * * * *

(3) Not less than nine percent of the total amounts deposited under this subsection in a fiscal year shall be available

only to automate or otherwise improve the speed, accuracy, or

security of the inspection process.

* * * * * * *

(q) LAND BORDER INSPECTION FEE ACCOUNT.—(1)(A)(i) Notwithstanding any other provision of law, the Attorney General is

authorized to establish, by regulation, not more than ø6¿ 96

projects under which a fee may be charged and collected for inspection services provided at one or more land border points of entry.

Such projects may include the establishment of commuter lanes to

be made available to qualified United States citizens and aliens, as

determined by the Attorney General.

* * * * * * *

SECOND FURTHER CONTINUING APPROPRIATIONS,

1982, PUBLIC LAW 97–92

* * * * * * *
169

TITLE IV

THE JUDICIARY

* * * * * * *

SEC. 140. Notwithstanding any other provision of law or of this

joint resolution, none of the funds appropriated by this joint resolution or by any other Act shall be obligated or expended to increase,

after the date of enactment of this joint resolution, any salary of

any Federal judge or Justice of the Supreme Court, except as may

be specifically authorized by Act of Congress hereafter enacted:

Provided, That nothing in this limitation shall be construed to reduce any salary which may be in effect at the time of enactment

of this joint resolution nor shall this limitation be construed in any

manner to reduce the salary of any Federal judge or of any Justice

of the Supreme Court. This section shall apply to fiscal year 1981

and each fiscal year thereafter.

* * * * * * *

DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE,

THE JUDICIARY, AND RELATED AGENCIES APPROPRIATIONS ACT, 1996 (PUBLIC LAW 104–134)

* * * * * * *

TITLE V—RELATED AGENCIES

* * * * * * *

LEGAL SERVICES CORPORATION

* * * * * * *

ADMINISTRATIVE PROVISIONS—LEGAL SERVICES CORPORATION

* * * * * * *

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 systemø, 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 if 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¿;

* * * * * * *

AN ACT TO APPROVE A GOVERNING INTERNATIONAL

FISHERY AGREEMENT BETWEEN THE UNITED STATES

AND THE REPUBLIC OF POLAND, AND FOR OTHER

PURPOSES

* * * * * * *
170

TITLE II—MISCELLANEOUS FISHERIES PROVISIONS

* * * * * * *

SEC. 203. AUTHORITY OF STATES OF WASHINGTON, OREGON, AND

CALIFORNIA TO MANAGE DUNGENESS CRAB FISHERY.

(a) * * *

* * * * * * *

(i) SUNSET.—This section shall have no force or effect on and

after September 30, ø2001¿ 2006. (j) Not later than December 31, 2001, and every 2 years thereafter, the Pacific State Marine Fisheries Commission shall submit

to the Committee on Commerce, Science, and Transportation of the

Senate and the Committee on Resources of the House of Representatives a report on the health and management of the Dungeness Crab

fishery located off the coasts of the States of Washington, Oregon,

and California.

* * * * * * *

NATIONAL CAPITAL REVITALIZATION AND SELF-GOVERNMENT IMPROVEMENT ACT OF 1977, PUBLIC LAW

105–33

CHAPTER 3—OFFENDER SUPERVISION AND PAROLE

SEC. 11231. PAROLE.

(a) PAROLING JURISDICTION.— (1) JURISDICTION øOF PAROLE COMMISSION¿ TO GRANT OR

DENY PAROLE AND TO IMPOSE CONDITIONS.—Not later than øone

year after date of the enactment of this Act¿ September 30,

2002, the øUnited States Parole Commission¿ agency established under section 11233 shall assume the jurisdiction and

authority of the øBoard of Parole of the District of Columbia¿

United States Parole Commission to grant and deny parole,

and to impose conditions upon an order of parole, in the case

of any imprisoned felon who is eligible for parole or reparole

under the District of Columbia Code. The øParole Commission¿ agency established under section 11233 shall have øexclusive¿ authority to amend or supplement any regulation interpreting or implementing the parole laws of the District of Columbia with respect to øfelons, provided that the Commission

adheres to the rulemaking procedures set forth in section 4218

of title 18, United States Code.¿ felons.

(2) JURISDICTION øOF PAROLE COMMISSION¿ TO REVOKE PAROLE OR MODIFY CONDITIONS.—øOn the date in which the District of Columbia Offender Supervision, Defender, and Courts

Services Agency is established under section 11233, the United

States Parole Commission shall assume any remaining powers,

duties, and jurisdiction of the Board of Parole of the District

of Columbia, including jurisdiction to revoke parole and to

modify the conditions of parole, with respect to felons.¿ Not

later than September 30, 2002, the agency established under

section 11233 shall assume all powers, duties, and jurisdiction

transferred to the United States Parole Commission by this

paragraph as in effect on January 1, 2001.
171

(3) JURISDICTION OF SUPERIOR COURT.—On the date on

which the District of Columbia Offender Supervision, Defender,

and Courts Services Agency is established under section 11233,

the Superior Court of the District of Columbia shall assume

the jurisdiction and authority of the Board of Parole of the District of Columbia to grant, deny, and revoke parole, and to impose and modify conditions of parole, with respect to

misdemeanants.

(b) ABOLITION OF THE BOARD OF PAROLE.—On the date on

which the District of Columbia Offender Supervision, Defender,

and Courts Services Agency is established under section 11233, the

Board of Parole established in the District of Columbia Board of

Parole Amendment Act of 1987 shall be abolished.

(c) RULEMAKING AND LEGISLATIVE RESPONSIBILITY FOR PAROLE

MATTERS.—The øParole Commission¿ agency established under section 11233 shall exercise the authority vested in it by this section

pursuant to the parole laws and regulations of the District of øColumbia, except that the Council of the District of Columbia and the

Board of Parole of the District of Columbia may not revise any

such laws or regulations (as in effect on the date of the enactment

of this Act) without the concurrence of the Attorney General.¿ Columbia.

(d) INCREASE IN THE AUTHORIZED NUMBER OF UNITED STATES

PAROLE COMMISSIONERS.—Section 2(c) of the Parole Commission

Phaseout Act of 1996 (Public Law 104–232) is amended to read as

follows: ‘‘(c) The United States Parole Commission shall have no more

than five members.’’.

* * * * * * *

OMNIBUS CONSOLIDATED AND EMERGENCY SUPPLEMENTAL APPROPRIATIONS ACT, 1999 (PUBLIC LAW

105–277)

* * * * * * *

DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE JUDICIARY,

AND RELATED AGENCIES APPROPRIATIONS ACT, 1999

TITLE I—DEPARTMENT OF JUSTICE

* * * * * * *

GENERAL PROVISIONS—DEPARTMENT OF JUSTICE

* * * * * * *

øSEC. 124. (a)(1) A nursing facility or home health care agency

may submit a request to the Attorney General to conduct a search

and exchange of records described in subsection (b) regarding an

applicant for employment if the employment position is involved in

direct patient care.

ø(2) A nursing facility or home health care agency requesting

a search and exchange of records under this section shall submit

to the Attorney General through the appropriate State agency or

agency designated by the Attorney General a copy of an employment applicant’s fingerprints, a statement signed by the applicant
172

authorizing the nursing facility or home health care agency to request the search and exchange of records, and any other identification information not more than 7 days (excluding Saturdays, Sundays, and legal public holidays under section 6103(a) of title 5,

United States Code) after acquiring the fingerprints, signed statement, and information.

ø(b) Pursuant to any submission that complies with the requirements of subsection (a), the Attorney General shall search the

records of the Criminal Justice Information Services Division of the

Federal Bureau of Investigation for any criminal history records

corresponding to the fingerprints or other identification information

submitted. The Attorney General shall provide any corresponding

information resulting from the search to the appropriate State

agency or agency designated by the Attorney General to receive

such information.

ø(c) Information regarding an applicant for employment in a

nursing facility or home health care agency obtained pursuant to

this section may be used only by the facility or agency requesting

the information and only for the purpose of determining the suitability of the applicant for employment by the facility or agency in

a position involved in direct patient care.

ø(d) The Attorney General may charge a reasonable fee, not to

exceed $50 per request, to any nursing facility or home health care

agency requesting a search and exchange of records pursuant to

this section.

ø(e) Not later than 2 years after the date of enactment of this

Act, the Attorney General shall submit a report to Congress on the

number of requests for searches and exchanges of records made

under this section by nursing facilities and home health care agencies and the disposition of such requests.

ø(f) Whoever knowingly uses any information obtained pursuant to this section for a purpose other than as authorized under

subsection (c) shall be fined in accordance with title 18, United

States Code, imprisoned for not more than 2 years, or both.

ø(g) A nursing facility or home health care agency that, in denying employment for an applicant, reasonably relies upon information provided by the Attorney General pursuant to this section

shall not be liable in any action brought by the applicant based on

the employment determination resulting from the incompleteness

or inaccuracy of the information.

ø(h) The Attorney General may promulgate such regulations as

are necessary to carry out this section, including regulations regarding the security, confidentiality, accuracy, use, destruction, and

dissemination of information, audits and recordkeeping, the imposition of fees, and any necessary modifications to the definitions contained in subsection (i).

ø(i) In this section:

ø(1) The term ‘‘home health care agency’’ means an agency

that provides home health care or personal care services on a

visiting basis in a place of residence.

ø(2) The term ‘‘nursing facility’’ means a facility or institution (or a distinct part of an institution) that is primarily engaged in providing to residents of the facility or institution
173

nursing care, including skilled nursing care, and related services for individuals who require medical or nursing care.

ø(j) This section shall apply without fiscal year limitation.¿

* * * * * * *
COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR FISCAL YEAR 2001 AND BUDGET ESTIMATES AND AMOUNTS RECOMMENDED IN 

FOR FISCAL YEAR 2002

[In thousands of dollars]

Item 2001 appropriation Budget estimate Committee recommendation

Senate Committee recomm

compared with (∂ o

2001

appropriation

TITLE I

—DEPARTMENT OF JUSTICE

General Administration

Salaries and expenses .............................................................................................................. 88,518 93,433 93,433

∂4,915 .......

Joint automated booking system .............................................................................................. 15,880 15,957 22,500

∂6,620

Legal activities office automation ............................................................................................ .......................... .......................... 34,600

∂34,600

Narrowband communications .................................................................................................... 204,549 104,606 204,549 ..........................

(By transfer) ..................................................................................................................... .......................... .......................... (9,580) (

∂9,580) 

Deputy Attorney General for Combatting Terrorism .................................................................. .......................... .......................... 23,000

∂23,000

Counterterrorism fund ............................................................................................................... 4,989 4,989 ..........................

¥4,989

Telecommunications carrier compliance fund .......................................................................... 100,488 .......................... ..........................

¥100,488 .......

Defense function .............................................................................................................. 100,488 .......................... ..........................

¥100,488 .......

Port Security .............................................................................................................................. .......................... .......................... 39,950

∂39,950

Administrative review and appeals: Direct appropriation ........................................................ 160,708 178,499 45,813

¥114,895

Detention trustee ....................................................................................................................... 998 1,718 88,884

∂87,886

Office of Inspector General ....................................................................................................... 41,484 45,495 46,006

∂4,522

Total, General administration ...................................................................................... 718,102 444,697 598,735

¥119,367

United States Parole Commission

Salaries and expenses .............................................................................................................. 8,836 10,862 8,836 ..........................
Legal Activities

General legal activities:

Direct appropriation ......................................................................................................... 534,592 566,822 527,543 ¥7,049 (By transfer) ..................................................................................................................... .......................... .......................... (350) (∂350) 

Vaccine injury compensation trust fund (permanent) .............................................................. 4,019 4,028 4,028 ∂9 .......Antitrust Division ....................................................................................................................... 120,572 140,973 130,791 ∂10,219 

Offsetting fee collections—carryover .............................................................................. ¥25,000 ¥51,550 .......................... ∂25,000 Offsetting fee collections—current year ......................................................................... ¥95,838 ¥89,423 ¥130,791 ¥34,953 

Direct appropriation ..................................................................................................... ¥266 .......................... .......................... ∂266 .......

United States Attorneys: Direct appropriation .......................................................................... 1,247,631 1,346,289 1,260,353 ∂12,722 United States Trustee System Fund .......................................................................................... 125,720 154,044 154,044 ∂28,324 .......

Offsetting fee collections ................................................................................................. ¥119,997 ¥147,044 ¥147,044 ¥27,047 .......Interest on U.S. securities ................................................................................................ ¥6,000 ¥7,000 ¥7,000 ¥1,000 .......

Direct appropriation ..................................................................................................... ¥277 .......................... .......................... ∂277 .......

Foreign Claims Settlement Commission ................................................................................... 1,105 1,130 1,130 ∂25 .......United States Marshals Service:

Direct appropriation ......................................................................................................... 571,435 619,818 .......................... ¥571,435 Salaries and expenses (non-CSE) .................................................................................... .......................... .......................... 644,746 ∂644,746 Courthouse security equipment ........................................................................................ .......................... .......................... 18,145 ∂18,145 Construction ..................................................................................................................... 18,088 6,621 25,812 ∂7,724 Justice prisoner and alien transportation system fund .................................................. 13,470 .......................... 53,050 ∂39,580 

Total, United States Marshals Service ........................................................................ 602,993 626,439 741,753 ∂138,760 

Federal prisoner detention ........................................................................................................ 596,088 724,682 724,682 ∂128,594 .......Fees and expenses of witnesses ............................................................................................... 125,573 156,145 156,145 ∂30,572 .......Community Relations Service .................................................................................................... 8,456 9,269 9,269 ∂813 .......Assets forfeiture fund ............................................................................................................... 22,949 22,949 22,949 .......................... .......

Total, Legal activities .................................................................................................. 3,142,863 3,457,753 3,447,852 ∂304,989 
COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR FISCAL YEAR 2001 AND BUDGET ESTIMATES AND AMOUNTS RECOMMENDED IN 

FOR FISCAL YEAR 2002

—Continued

[In thousands of dollars]

Item 2001 appropriation Budget estimate Committee recommendation

Senate Committee recomm

compared with (∂ o

2001

appropriation

Radiation Exposure Compensation

Administrative expenses ............................................................................................................ 1,996 1,996 1,996 .......................... .......Payment to radiation exposure compensation trust fund ........................................................ 10,776 10,776 10,776 .......................... .......

Total, Radiation Exposure Compensation .................................................................... 12,772 12,772 12,772 .......................... .......

Interagency Law Enforcement

Interagency crime and drug enforcement ................................................................................. 325,181 338,106 336,966

∂11,785

Federal Bureau of Investigation

Salaries and expenses .............................................................................................................. 2,791,795 3,050,472 2,939,763

∂147,968

(By transfer) ..................................................................................................................... .......................... .......................... (12,557) (

∂12,557) 

Counterintelligence and national security ................................................................................ 436,687 455,387 485,278

∂48,591

Direct appropriation ..................................................................................................... 3,228,482 3,505,859 3,425,041

∂196,559

Construction .............................................................................................................................. 16,650 1,250 44,074

∂27,424

Total, Federal Bureau of Investigation ........................................................................ 3,245,132 3,507,109 3,469,115

∂223,983

Drug Enforcement Administration

Salaries and expenses .............................................................................................................. 1,443,669 1,547,929 1,556,779

∂113,110

Diversion control fund ......................................................................................................

¥83,543

¥67,000

¥67,000

∂16,543 .......
Total, Drug Enforcement Administration ..................................................................... 1,360,126 1,480,929 1,489,779

∂129,653

Immigration and Naturalization Service

Salaries and expenses .............................................................................................................. 3,118,999 3,388,001 3,176,037

∂57,038

Enforcement and border affairs ....................................................................................... (2,547,057) (2,737,341) .......................... (

¥2,547,057) (

¥

Citizenship and benefits, immigration support and program direction ......................... (578,819) (650,660) .......................... (

¥578,819) (

Fee accounts:

Immigration user fee ............................................................................................... (494,384) (591,866) (656,648) (

∂162,264) 

Land border inspection fund ................................................................................... (1,670) (1,714) (1,714) (

∂44) .......

Immigration examinations fund .............................................................................. (969,851) (1,258,088) (1,258,088) (

∂288,237) .......

Breached bond fund ................................................................................................ (80,600) (120,763) (120,763) (

∂40,163) .......

Immigration enforcement fines ............................................................................... (1,850) (5,510) (5,510) (

∂3,660) .......

H–1b Visa fees ........................................................................................................ (1,125) (16,000) (16,000) (

∂14,875) .......

Subtotal, Fee accounts ....................................................................................... (1,549,480) (1,993,941) (2,058,723) (

∂509,243) 

Construction .............................................................................................................................. 133,009 128,410 205,015

∂72,006

(By transfer) ..................................................................................................................... .......................... .......................... (66,524) (

∂66,524) 

Total, Immigration and Naturalization Service ........................................................... (4,801,488) (5,510,352) (5,506,299) (

∂704,811) 

Appropriations ..................................................................................................... (3,252,008) (3,516,411) (3,381,052) (

∂129,044) (

(Fee accounts) .................................................................................................... (1,549,480) (1,993,941) (2,058,723) (

∂509,243) 

Federal Prison System

Salaries and expenses .............................................................................................................. 3,500,172 3,829,437 3,786,228

∂286,056

Prior year carryover ..........................................................................................................

¥31,000 .......................... ..........................

∂31,000 .......

Direct appropriation ..................................................................................................... 3,469,172 3,829,437 3,786,228

∂317,056

Buildings and facilities ............................................................................................................. 833,822 833,273 899,797

∂65,975

(Transfer out) ................................................................................................................... .......................... .......................... (

¥66,524) (

¥66,524) 

Federal Prison Industries, Incorporated (limitation on administrative expenses) ................... 3,421 3,429 3,429

∂8 .......

Total, Federal Prison System ....................................................................................... 4,306,415 4,666,139 4,689,454

∂383,039
COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR FISCAL YEAR 2001 AND BUDGET ESTIMATES AND AMOUNTS RECOMMENDED IN 

FOR FISCAL YEAR 2002

—Continued

[In thousands of dollars]

Item 2001 appropriation Budget estimate Committee recommendation

Senate Committee recomm

compared with (∂ o

2001

appropriation

Office of Justice Programs

Justice assistance ..................................................................................................................... 417,299 407,677 564,738

∂147,439

(By transfer) ..................................................................................................................... (6,985) (7,000) (6,647) (

¥338) 

State and local law enforcement assistance:

Direct appropriations:

Local law enforcement block grant ........................................................................ 521,849 400,000 400,000

¥121,849 .......

Boys and Girls clubs (earmark) ..................................................................... (60,000) .......................... (80,000) (

∂20,000) 

Grants, contracts, and other assistance (earmark) ...................................... .......................... (19,956) (19,956) (

∂19,956) .......

State prison grants ................................................................................................. 684,990 .......................... ..........................

¥684,990 .......

Tribal prison construction ....................................................................................... .......................... 35,191 35,191

∂35,191 .......

State criminal alien assistance program ............................................................... 399,120 265,000 265,000

¥134,120 .......

Cooperative agreement program ............................................................................. .......................... 35,000 35,000

∂35,000 .......

Indian tribal courts program .................................................................................. 7,982 7,982 7,982 .......................... .......Indian grants ........................................................................................................... 4,989 4,989 4,989 .......................... .......Byrne grants (formula) ............................................................................................ 498,900 500,000 500,000

∂1,100 .......

Byrne grants (discretionary) .................................................................................... 68,898 .......................... 78,125

∂9,227

Juvenile crime block grant ...................................................................................... 249,450 249,450 249,450 .......................... .......Drug courts .............................................................................................................. 49,890 50,000 50,000

∂110 .......

Violence Against Women grants ............................................................................. 288,044 309,665 310,065

∂22,021

State prison drug treatment ................................................................................... 62,861 73,861 68,000 ∂5,139Stalking and domestic violence grants program ................................................... .......................... 3,000 3,000

∂3,000 .......

Violent Crimes Against Women on Campus ........................................................... .......................... 10,000 10,000

∂10,000 .......

Legal assistance for victims ................................................................................... .......................... 40,000 40,000

∂40,000 .......

Protection for older and disabled women ............................................................... .......................... 5,000 5,000

∂5,000 .......
Safe Havens for Children pilot program ................................................................. .......................... 15,000 15,000

∂15,000 .......

Parental kidnapping laws report ............................................................................ .......................... 200 .......................... ..........................Forensic exams of domestic violence study ........................................................... .......................... 200 .......................... ..........................Education and training to end violence against and abuse of women with disabilities ............................................................................................................... .......................... 7,500 7,500

∂7,500 .......

Other crime control programs ................................................................................. 5,687 5,688 5,688

∂1 .......

Total, State and local law enforcement ............................................................. 2,842,660 2,017,726 2,089,990

¥752,670

Weed and seed program fund .................................................................................................. 33,925 58,925 58,925

∂25,000 .......

Community oriented policing services:

Direct appropriations:

Public safety and community policing grants ........................................................ 533,823 271,856 477,712

¥56,111

Management administration ................................................................................... 31,755 32,812 32,812

∂1,057 .......

Crime identification technology .............................................................................. 129,714 255,404 150,962

∂21,248

Safe schools initiative .................................................................................... (17,500) .......................... (17,000) (

¥500) 

Upgrade criminal history records ................................................................... (35,000) (35,000) (35,000) .......................... .......DNA identification/crime lab .......................................................................... (30,000) (70,000) (70,000) (

∂40,000) .......

Methamphetamine ................................................................................................... 48,393 48,393 48,393 .......................... .......Community prosecutors ........................................................................................... 99,780 99,780 99,780 .......................... .......Crime prevention ..................................................................................................... 46,897 46,864 54,748

∂7,851

COPS technology ...................................................................................................... 139,692 100,000 155,467

∂15,775

(Transfer out) ................................................................................................. .......................... .......................... (

¥12,557) (

¥12,557) 

Total, Community oriented policing services ............................................ 1,030,054 855,109 1,019,874

¥10,180

Juvenile justice programs ......................................................................................................... 297,940 297,940 328,507

∂30,567

(Transfer out) ................................................................................................................... (

¥7,000) (

¥7,000) (

¥6,647) (

∂353) 

Public safety officers benefits program:

Death benefits .................................................................................................................. 33,224 33,224 33,224 .......................... .......Disability benefits ............................................................................................................ 2,395 2,395 2,395 .......................... .......

Total, Public safety officers benefits program ............................................................ 35,619 35,619 35,619 .......................... .......
COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR FISCAL YEAR 2001 AND BUDGET ESTIMATES AND AMOUNTS RECOMMENDED IN 

FOR FISCAL YEAR 2002

—Continued

[In thousands of dollars]

Item 2001 appropriation Budget estimate Committee recommendation

Senate Committee recomm

compared with (∂ o

2001

appropriation

Total, Office of Justice Programs ................................................................................ 4,657,497 3,672,996 4,097,653

¥559,844

Total, title I, Department of Justice ............................................................................ 21,028,932 21,107,774 21,532,214

∂503,282

(Transfer out) ...................................................................................................... (

¥7,000) (

¥7,000) (

¥85,728) (

¥78,728) 

(By transfer) ........................................................................................................ (6,985) (7,000) (95,658) (

∂88,673) 

TITLE II

—DEPARTMENT OF COMMERCE AND RELATED AGENCIES

TRADE AND INFRASTRUCTURE DEVELOPMENT

Office of the United States Trade Representative

Salaries and expenses .............................................................................................................. 29,452 30,097 30,097

∂645 .......

International Trade Commission

Salaries and expenses .............................................................................................................. 47,994 51,440 49,386

∂1,392

Total, Related agencies ............................................................................................... 77,446 81,537 79,483

∂2,037

DEPARTMENT OF COMMERCE

International Trade Administration

Operations and administration ................................................................................................. 336,702 332,590 347,090

∂10,388

Offsetting fee collections .................................................................................................

¥3,000

¥3,000

¥3,000 .......................... .......

Direct appropriation ..................................................................................................... 333,702 329,590 344,090

∂10,388
Export Administration

Operations and administration ................................................................................................. 57,477 61,643 61,643 ∂4,166 .......

CWC enforcement ............................................................................................................. 7,234 7,250 7,250 ∂16 .......

Total, Export Administration ........................................................................................ 64,711 68,893 68,893 ∂4,182 .......

Economic Development Administration

Economic development assistance programs ........................................................................... 410,973 335,000 341,000 ¥69,973 Salaries and expenses .............................................................................................................. 27,938 30,557 30,557 ∂2,619 .......

Total, Economic Development Administration ............................................................. 438,911 365,557 371,557 ¥67,354 

Minority Business Development Agency

Minority business development ................................................................................................. 27,254 28,381 28,381 ∂1,127 .......

Total, Trade and Infrastructure Development ............................................................. 942,024 873,958 892,404 ¥49,620 

ECONOMIC AND INFORMATION INFRASTRUCTURE

Economic and Statistical Analysis

Salaries and expenses .............................................................................................................. 53,627 62,515 62,515 ∂8,888 .......

Bureau of the Census

Salaries and expenses .............................................................................................................. 156,881 168,561 168,561 ∂11,680 .......Periodic censuses and programs .............................................................................................. 275,798 374,835 348,529 ∂72,731 

Total, Bureau of the Census ....................................................................................... 432,679 543,396 517,090 ∂84,411 

National Telecommunications and Information Administration

Salaries and expenses .............................................................................................................. 11,412 14,054 14,054 ∂2,642 .......Public telecommunications facilities, planning and construction ........................................... 43,404 43,466 43,466 ∂62 .......Information infrastructure grants ............................................................................................. 45,400 15,503 15,503 ¥29,897 .......
COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR FISCAL YEAR 2001 AND BUDGET ESTIMATES AND AMOUNTS RECOMMENDED IN 

FOR FISCAL YEAR 2002

—Continued

[In thousands of dollars]

Item 2001 appropriation Budget estimate Committee recommendation

Senate Committee recomm

compared with (∂ o

2001

appropriation

Total, National Telecommunications and Information Administration ........................ 100,216 73,023 73,023

¥27,193 .......

United States Patent and Trademark Office

Current year fee funding ........................................................................................................... 782,119 856,701 856,701

∂74,582 .......

(Prior year carryover) ................................................................................................................. (254,889) (282,300) (282,300) (

∂27,411) .......

Total, Patent and Trademark Office ............................................................................ (1,037,008) (1,139,001) (1,139,001) (

∂101,993) .......

Offsetting fee collections .............................................................................................

¥783,843

¥856,701

¥856,701

¥72,858 .......

Total, Economic and Information Infrastructure ......................................................... 584,798 678,934 652,628

∂67,830

SCIENCE AND TECHNOLOGY

Technology Administration

Under Secretary for Technology/Office of Technology Policy

Salaries and expenses .............................................................................................................. 8,062 8,238 8,238

∂176 .......

National Institute of Standards and Technology

Scientific and technical research and services ....................................................................... 311,929 347,288 343,296

∂31,367

Industrial technology services ................................................................................................... 250,285 119,266 309,337

∂59,052

Construction of research facilities ............................................................................................ 34,802 20,893 43,893

∂9,091

Total, National Institute of Standards and Technology .............................................. 597,016 487,447 696,526

∂99,510
National Oceanic and Atmospheric Administration

Operations, research, and facilities .......................................................................................... 1,865,058 2,009,309 2,231,055 ∂365,997 

Conservation ..................................................................................................................... .......................... 168,000 33,650 ∂33,650 (By transfer from Promote and Develop Fund) ................................................................ (67,850) (68,000) (68,000) (∂150) .......(By transfer from Coastal zone management) ................................................................ 3,193 3,000 3,000 ¥193 .......

Total, Operations, research and facilities ................................................................... 1,868,251 2,180,309 2,267,705 ∂399,454 

Procurement, acquisition and construction .............................................................................. 681,397 738,861 856,200 ∂174,803 

Conservation ..................................................................................................................... .......................... 26,000 83,410 ∂83,410 

Total, Procurement, acquisition and construction ...................................................... 681,397 764,861 939,610 ∂258,213 

Coastal and ocean activities .................................................................................................... 419,076 .......................... .......................... ¥419,076 .......Pacific coastal salmon recovery ............................................................................................... 73,837 20,000 .......................... ¥73,837 

Conservation ..................................................................................................................... .......................... 90,000 133,940 ∂133,940 

Coastal zone management fund ............................................................................................... ¥3,200 ¥3,000 ¥3,000 ∂200 .......Fishermen’s contingency fund .................................................................................................. 950 952 952 ∂2 .......Foreign fishing observer fund ................................................................................................... 191 191 191 .......................... .......Fisheries finance program account .......................................................................................... 287 287 287 .......................... .......Environmental improvement and restoration fund ................................................................... .......................... 10,000 10,000 ∂10,000 .......

Total, National Oceanic and Atmospheric Administration .......................................... 3,040,789 3,063,600 3,349,685 ∂308,896 Total, Science and Technology .................................................................................... 3,645,867 3,559,285 4,054,449 ∂408,582 

Appropriations ..................................................................................................... (3,645,867) (3,275,285) (3,803,449) (∂157,582) (Conservation ....................................................................................................... .......................... (284,000) (251,000) (∂251,000) 

Departmental Management

Salaries and expenses .............................................................................................................. 35,841 37,652 42,062 ∂6,221 Office of Inspector General ....................................................................................................... 19,956 21,176 21,176 ∂1,220 .......

Total, Departmental management ............................................................................... 55,797 58,828 63,238 ∂7,441 Total, Department of Commerce .................................................................................. 5,151,040 5,089,468 5,583,236 ∂432,196 
COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR FISCAL YEAR 2001 AND BUDGET ESTIMATES AND AMOUNTS RECOMMENDED IN 

FOR FISCAL YEAR 2002

—Continued

[In thousands of dollars]

Item 2001 appropriation Budget estimate Committee recommendation

Senate Committee recomm

compared with (∂ o

2001

appropriation

Total, title II, Department of Commerce and related agencies .................................. 5,228,486 5,171,005 5,662,719

∂434,233

Appropriations ..................................................................................................... (5,228,486) (4,887,005) (5,411,719) (

∂183,233) (

Conservation ....................................................................................................... .......................... (284,000) (251,000) (

∂251,000) 

(By transfer) ........................................................................................................ (67,850) (68,000) (68,000) (

∂150) .......

TITLE III

—THE JUDICIARY

Supreme Court of the United States

Salaries and expenses:

Salaries of justices .......................................................................................................... 1,698 1,698 1,698 .......................... .......Other salaries and expenses ............................................................................................ 35,814 40,416 38,290

∂2,476

Total, Salaries and expenses ....................................................................................... 37,512 42,114 39,988

∂2,476

Care of the building and grounds ............................................................................................ 7,513 117,742 7,530

∂17

Total, Supreme Court of the United States ................................................................. 45,025 159,856 47,518

∂2,493

United States Court of Appeals for the Federal Circuit

Salaries and expenses:

Salaries of judges ............................................................................................................ 2,021 2,021 2,021 .......................... .......Other salaries and expenses ............................................................................................ 15,874 18,425 17,351

∂1,477

Total, Salaries and expenses ....................................................................................... 17,895 20,446 19,372

∂1,477
United States Court of International Trade

Salaries and expenses:

Salaries of judges ............................................................................................................ 1,525 1,525 1,525 .......................... .......Other salaries and expenses ............................................................................................ 10,907 11,587 11,529 ∂622 

Total, Salaries and expenses ....................................................................................... 12,432 13,112 13,054 ∂622 

Courts of Appeals, District Courts, and Other Judicial Services

Salaries and expenses:

Salaries of judges and bankruptcy judges ...................................................................... 248,000 250,000 250,000 ∂2,000 .......Other salaries and expenses ............................................................................................ 3,104,879 3,485,774 3,309,012 ∂204,133 

Direct appropriation ..................................................................................................... 3,352,879 3,735,774 3,559,012 ∂206,133 

Vaccine Injury Compensation Trust Fund ................................................................................. 2,596 2,692 2,692 ∂96 .......Defender services ...................................................................................................................... 434,043 521,517 463,756 ∂29,713 Fees of jurors and commissioners ............................................................................................ 59,436 50,131 50,131 ¥9,305 .......Court security ............................................................................................................................ 199,136 228,433 209,762 ∂10,626 

(Transfer out) ................................................................................................................... .......................... .......................... (¥3,580) (¥3,580) 

Total, Courts of Appeals, District Courts, and Other Judicial Services ...................... 4,048,090 4,538,547 4,285,353 ∂237,263 

Administrative Office of the United States Courts

Salaries and expenses .............................................................................................................. 58,212 63,029 58,212 .......................... 

Federal Judicial Center

Salaries and expenses .............................................................................................................. 18,736 20,323 19,742 ∂1,006 

Judicial Retirement Funds

Payment to Judiciary Trust Funds ............................................................................................. 35,700 37,000 37,000 ∂1,300 .......

United States Sentencing Commission

Salaries and expenses .............................................................................................................. 9,909 12,400 11,327 ∂1,418 
COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR FISCAL YEAR 2001 AND BUDGET ESTIMATES AND AMOUNTS RECOMMENDED IN 

FOR FISCAL YEAR 2002

—Continued

[In thousands of dollars]

Item 2001 appropriation Budget estimate Committee recommendation

Senate Committee recomm

compared with (∂ o

2001

appropriation

General Provisions

Judges pay raise (sec. 304) ...................................................................................................... 8,782 8,000 ..........................

¥8,782

Total, title III, the Judiciary ......................................................................................... 4,254,781 4,872,713 4,491,578

∂236,797

TITLE IV

—DEPARTMENT OF STATE

Administration of Foreign Affairs

Diplomatic and consular programs .......................................................................................... 2,758,076 3,217,405 3,088,990

∂330,914

(Transfer out) ................................................................................................................... (

¥1,400) .......................... .......................... (

∂1,400) .......

(Transfer out) ................................................................................................................... (

¥4,000) (

¥4,000) (

¥4,000) .......................... .......

(Transfer out) ................................................................................................................... .......................... .......................... (

¥6,000) (

¥6,000) 

Worldwide security upgrade ............................................................................................. 409,098 487,735 409,363

∂265

Total, Diplomatic and consular programs ................................................................... 3,167,174 3,705,140 3,498,353

∂331,179

Capital investment fund ........................................................................................................... 96,787 210,000 210,000

∂113,213 .......

Office of Inspector General ....................................................................................................... 28,427 29,264 28,427 ..........................Educational and cultural exchange programs .......................................................................... 231,078 242,000 242,000

∂10,922 .......

Representation allowances ........................................................................................................ 6,485 9,000 9,000

∂2,515 .......

Protection of foreign missions and officials ............................................................................ 15,433 10,000 10,000

¥5,433 .......

Embassy security, construction and maintenance ................................................................... 416,059 475,046 405,391

¥10,668

Worldwide security upgrade ............................................................................................. 661,541 815,960 661,560

∂19

Emergencies in the diplomatic and consular service .............................................................. 5,465 15,500 5,465 ..........................

(By transfer) ..................................................................................................................... (3,991) (4,000) (4,000) (

∂9) .......

(Transfer out) ................................................................................................................... (

¥1,000) (

¥1,000) (

¥1,000) .......................... .......
Commission on Holocaust Assets in U.S. (by transfer) ........................................................... (1,397) .......................... .......................... (

¥1,397) .......

Repatriation Loans Program Account:

Direct loans subsidy ......................................................................................................... 590 612 612

∂22 .......

Administrative expenses ................................................................................................... 603 607 607

∂4 .......

(By transfer) ..................................................................................................................... (998) (1,000) (1,000) (

∂2) .......

Total, Repatriation loans program account ................................................................ 1,193 1,219 1,219

∂26 .......

Payment to the American Institute in Taiwan .......................................................................... 16,309 17,044 17,044

∂735 .......

Payment to the Foreign Service Retirement and Disability Fund ............................................ 131,224 135,629 135,629

∂4,405 .......

Total, Administration of Foreign Affairs ...................................................................... 4,777,175 5,665,802 5,224,088

∂446,913

International Organizations and Conferences

Contributions to international organizations, current year assessment .................................. 868,917 878,767 1,091,348

∂222,431

Contributions for international peacekeeping activities, current year ..................................... 844,139 844,139 773,182

¥70,957

Total, International Organizations and Conferences ................................................... 1,713,056 1,722,906 1,864,530 ∂151,474

International Commissions

International Boundary and Water Commission, United States and Mexico:

Salaries and expenses ..................................................................................................... 7,126 7,452 7,452

∂326 .......

Construction ..................................................................................................................... 22,900 25,654 24,154

∂1,254

American sections, international commissions ........................................................................ 6,726 10,311 6,879

∂153

International fisheries commissions ......................................................................................... 19,349 19,780 20,780

∂1,431

Total, International commissions ................................................................................ 56,101 63,197 59,265

∂3,164

Other ..........................

Payment to the Asia Foundation ............................................................................................... 9,230 9,250 8,000

¥1,230

Eisenhower Exchange Fellowship program trust fund .............................................................. 499 500 500

∂1 .......

Israeli Arab scholarship program ............................................................................................. 374 375 375

∂1 .......

East-West Center ....................................................................................................................... 13,470 13,500 14,000

∂530

National Endowment for Democracy ......................................................................................... 30,931 31,000 31,000

∂69 .......
COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR FISCAL YEAR 2001 AND BUDGET ESTIMATES AND AMOUNTS RECOMMENDED IN 

FOR FISCAL YEAR 2002

—Continued

[In thousands of dollars]

Item 2001 appropriation Budget estimate Committee recommendation

Senate Committee recomm

compared with (∂ o

2001

appropriation

Total, Department of State .......................................................................................... 6,600,836 7,506,530 7,201,758

∂600,922

RELATED AGENCY

Broadcasting Board of Governors

International Broadcasting Operations ..................................................................................... 398,093 428,234 414,752

∂16,659

Broadcasting to Cuba ............................................................................................................... 22,046 24,872 24,872

∂2,826 .......

Broadcasting capital improvements ......................................................................................... 20,313 16,900 16,900

¥3,413 .......

Total, Broadcasting Board of Governors ..................................................................... 440,452 470,006 456,524 ∂16,072Total, title IV, Department of State ............................................................................. 7,041,288 7,976,536 7,658,282

∂616,994

(Transfer out) ...................................................................................................... (

¥6,400) (

¥5,000) (

¥11,000) (

¥4,600) 

(By transfer) ........................................................................................................ (6,386) (5,000) (5,000) (

¥1,386) .......

TITLE V

—RELATED AGENCIES

DEPARTMENT OF TRANSPORTATION

Maritime Administration

Maritime security program ........................................................................................................ 98,483 .......................... 98,700

∂217

Operations and training ............................................................................................................ 86,719 89,054 89,054

∂2,335 .......

Ship disposal ............................................................................................................................. .......................... 10,000 .......................... ..........................Maritime Guaranteed Loan (Title XI) Program Account:

Guaranteed loans subsidy ................................................................................................ 29,934 .......................... 100,000

∂70,066
Administrative expenses ................................................................................................... 3,978 3,978 3,978 .......................... .......

Total, Maritime guaranteed loan program account .................................................... 33,912 3,978 103,978

∂70,066

Total, Maritime Administration .................................................................................... 219,114 103,032 291,732

∂72,618

Commission for the Preservation of America’s Heritage Abroad

Salaries and expenses .............................................................................................................. 489 489 489 .......................... .......

Commission on Civil Rights

Salaries and expenses .............................................................................................................. 8,880 9,096 9,096

∂216 .......

Commission on International Religious Freedom

Salaries and expenses .............................................................................................................. .......................... 3,000 .......................... ..........................

Commission on Ocean Policy

Salaries and expenses .............................................................................................................. 998 .......................... 2,500

∂1,502

Commission on Security and Cooperation in Europe

Salaries and expenses .............................................................................................................. 1,367 1,499 1,432

∂65

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

Salaries and expenses .............................................................................................................. 499 500 500

∂1 .......

Equal Employment Opportunity Commission

Salaries and expenses .............................................................................................................. 303,195 310,406 310,406

∂7,211 .......

Federal Communications Commission

Salaries and expenses .............................................................................................................. 229,494 248,545 252,545

∂23,051

Offsetting fee collections

—current year .........................................................................

¥200,146

¥218,757

¥218,757

¥18,611 .......

Direct appropriation ..................................................................................................... 29,348 29,788 33,788

∂4,440
COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR FISCAL YEAR 2001 AND BUDGET ESTIMATES AND AMOUNTS RECOMMENDED IN 

FOR FISCAL YEAR 2002

—Continued

[In thousands of dollars]

Item 2001 appropriation Budget estimate Committee recommendation

Senate Committee recomm

compared with (∂ o

2001

appropriation

Federal Maritime Commission

Salaries and expenses .............................................................................................................. 15,466 16,450 17,450

∂1,984

Federal Trade Commission

Salaries and expenses .............................................................................................................. 146,830 156,270 156,270

∂9,440 .......

Offsetting fee collections

—carryover ..............................................................................

¥1,900 .......................... ..........................

∂1,900 .......

Offsetting fee collections

—current year .........................................................................

¥145,254

¥156,270

¥156,270

¥11,016 .......

Direct appropriation .....................................................................................................

¥324 .......................... ..........................

∂324 .......

Legal Services Corporation

Payment to the Legal Services Corporation .............................................................................. 329,274 329,300 329,300

∂26 .......

Marine Mammal Commission

Salaries and expenses .............................................................................................................. 1,696 1,732 1,957

∂261

Pacific Charter Commission

Salaries and expenses .............................................................................................................. .......................... .......................... .......................... .......................... .......

National Veterans Business Development Corporation

Salaries and expenses .............................................................................................................. .......................... 4,000 4,000

∂4,000 .......

Securities and Exchange Commission

Current year fees ....................................................................................................................... 127,519 109,500 109,500

¥18,019 .......
2000 fees .................................................................................................................................. 294,351 328,400 404,547 ∂110,196 

Direct appropriation ..................................................................................................... 421,870 437,900 514,047 ∂92,177 

Small Business Administration

Salaries and expenses .............................................................................................................. 367,824 321,219 333,233 ¥34,591 Office of Inspector General ....................................................................................................... 11,927 11,927 11,000 ¥927 Business Loans Program Account:

Direct loans subsidy ......................................................................................................... 2,245 1,500 1,860 ¥385 Guaranteed loans subsidy ................................................................................................ 162,801 .......................... 93,500 ¥69,301 Administrative expenses ................................................................................................... 128,716 129,000 129,000 ∂284 .......

Total, Business loans program account ...................................................................... 293,762 130,500 224,360 ¥69,402 

Disaster Loans Program Account:

Direct loans subsidy ......................................................................................................... 75,972 .......................... 79,510 ∂3,538 Administrative expenses ................................................................................................... 108,116 75,354 125,354 ∂17,238 Gainsharing ...................................................................................................................... .......................... 3,000 .......................... .......................... 

Total, Disaster loans program account ....................................................................... 184,088 78,354 204,864 ∂20,776 Total, Small Business Administration ......................................................................... 857,601 542,000 773,457 ¥84,144 

State Justice Institute

Salaries and expenses 1 ............................................................................................................ 6,835 15,000 14,850 ∂8,015 

United States-Canada Alaska Rail Commission

Salaries and expenses .............................................................................................................. .......................... .......................... 4,000 ∂4,000 

Total, title V, Related agencies ................................................................................... 2,196,308 1,804,192 2,309,004 ∂112,696 
COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR FISCAL YEAR 2001 AND BUDGET ESTIMATES AND AMOUNTS RECOMMENDED IN 

FOR FISCAL YEAR 2002

—Continued

[In thousands of dollars]

Item 2001 appropriation Budget estimate Committee recommendation

Senate Committee recomm

compared with (∂ o

2001

appropriation

TITLE VII

—RESCISSIONS

DEPARTMENT OF JUSTICE

Drug Enforcement Administration

Drug diversion fund (rescission) ...............................................................................................

¥8,000 .......................... ..........................

∂8,000 .......

DEPARTMENT OF COMMERCE

Departmental Management

Emergency oil and gas guaranteed loan program account (rescission) ................................. ..........................

¥115,000 .......................... ..........................

Emergency steel guaranteed loan program account (rescission) ............................................ .......................... ¥10,000 .......................... ..........................

DEPARTMENT OF STATE AND RELATED AGENCIES

DEPARTMENT OF STATE

Contributions for International Peacekeeping activities (rescission) ....................................... .......................... ..........................

¥126,620

¥126,620

RELATED AGENCIES

DEPARTMENT OF TRANSPORTATION

Maritime Administration

Maritime Guaranteed Loan (Title XI) Program Account: Guaranteed loans subsidy (rescission) ......................................................................................................................................

¥7,644 .......................... ..........................

∂7,644 .......

Total, title VII, Rescissions ..........................................................................................

¥15,644

¥125,000

¥126,620

¥110,976
TITLE IX

Wildlife conservation and restoration planning ........................................................................ 49,890 .......................... .......................... ¥49,890 .......

Grand total:

New budget (obligational) authority ................................................................... 39,784,041 40,807,220 41,527,177 ∂1,743,136 

Appropriations ............................................................................................ (39,799,685) (40,648,220) (41,402,797) (∂1,603,112) (Conservation .............................................................................................. .......................... (284,000) (251,000) (∂251,000) Rescissions ................................................................................................ (¥15,644) (¥125,000) (¥126,620) (¥110,976) Contingent emergency appropriations ....................................................... .......................... .......................... .......................... .......................... .......

(Transfer out) ...................................................................................................... (¥13,400) (¥12,000) (¥100,308) (¥86,908) (By transfer) ........................................................................................................ (81,221) (80,000) (168,658) (∂87,437) 

1 The President’s budget proposed $6.85 million for State Justice Institute.

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