II

Calendar No. 95

107TH CONGRESS

1ST SESSION S. 1215

[Report No. 107–42]

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.

IN THE SENATE OF THE UNITED STATES

JULY 20, 2001

Mr. HOLLINGS, from the Committee on Appropriations, reported the following

original bill; which was read twice and placed on the calendar

A BILL

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 That the following sums are appropriated, out of any

4 money in the Treasury not otherwise appropriated, for the

5 fiscal year ending September 30, 2002, and for other pur6 poses, namely:
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1 TITLE I—DEPARTMENT OF JUSTICE

2 GENERAL ADMINISTRATION

3 SALARIES AND EXPENSES

4 For expenses necessary for the administration of the

5 Department of Justice, $93,433,000, of which not to ex6 ceed $3,317,000 is for the Facilities Program 2000, to

7 remain available until expended: Provided, That not to ex8 ceed 43 permanent positions and 44 full-time equivalent

9 workyears and $8,136,000 shall be expended for the De10 partment Leadership Program: Provided further, That not

11 to exceed 41 permanent positions and 48 full-time equiva12 lent workyears and $4,811,000 shall be expended for the

13 Offices of Legislative Affairs and Public Affairs: Provided

14 further, That the Attorney General is authorized to trans15 fer, under such terms and conditions as the Attorney Gen16 eral shall specify, forfeited real or personal property of

17 limited or marginal value, as such value is determined by

18 guidelines established by the Attorney General, to a State

19 or local government agency, or its designated contractor

20 or transferee, for use to support drug abuse treatment,

21 drug and crime prevention and education, housing, job

22 skills, and other community-based public health and safety

23 programs: Provided further, That any transfer under the

24 preceding proviso shall not create or confer any private

25 right of action in any person against the United States,
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1 and shall be treated as a reprogramming under section

2 605 of this Act.

3 JOINT AUTOMATED BOOKING SYSTEM

4 For expenses necessary for the nationwide deploy5 ment of a Joint Automated Booking System including

6 automated capability to transmit fingerprint and image

7 data, $22,500,000, to remain available until expended.

8 LEGAL ACTIVITIES OFFICE AUTOMATION

9 For necessary office-automation expenses of organi10 zations funded under the headings ‘‘Salaries and Ex11 penses’’, General Legal Activities, and ‘‘Salaries and Ex12 penses’’, General Administration, and of the United States

13 Attorneys, the United States Marshals Service, the Anti14 trust Division, the United States Trustee Program, the

15 Executive Office for Immigration Review, and the Com16 munity Relations Service, $34,600,000, to remain avail17 able until expended.

18 NARROWBAND COMMUNICATIONS

19 For the costs of conversion to narrowband commu20 nications, including the cost for operation and mainte21 nance of Land Mobile Radio legacy systems,

22 $204,549,000, to remain available until expended.

23 PORT SECURITY

24 For expenses necessary for counter-terrorism,

25 counter-narcotics, and other law enforcement activities at

26 United States seaports, including Great Lakes ports,
4

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1 $39,950,000, to remain available until expended, to be

2 available only for facilities, equipment, and supplies occu3 pied or used by federal law enforcement agencies, includ4 ing the United States Customs Service.

5 ADMINISTRATIVE REVIEW AND APPEALS

6 For expenses necessary for the administration of par7 don and clemency petitions and immigration related activi8 ties, $45,813,000.

9 DETENTION TRUSTEE

10 For necessary expenses of the Federal Detention

11 Trustee who shall exercise all power and functions author12 ized by law relating to the detention of Federal prisoners

13 in non-Federal institutions or otherwise in the custody of

14 the United States Marshals Service; and the detention of

15 aliens in the custody of the Immigration and Naturaliza16 tion Service, $88,884,000, of which $87,166,000 shall be

17 available only for prisoner movements handled by the Jus18 tice Prisoner and Alien Transportation System: Provided,

19 That the Trustee shall be responsible for overseeing con20 struction of detention facilities or for housing related to

21 such detention; the management of funds appropriated to

22 the Department for the exercise of any detention func23 tions; and the direction of the United States Marshals

24 Service and Immigration and Naturalization Service with

25 respect to the exercise of detention policy setting and oper26 ations for the Department.
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1 OFFICE OF INSPECTOR GENERAL

2 For necessary expenses of the Office of Inspector

3 General in carrying out the provisions of the Inspector

4 General Act of 1978, as amended, $46,006,000; including

5 not to exceed $10,000 to meet unforeseen emergencies of

6 a confidential character, to be expended under the direc7 tion of, and to be accounted for solely under the certificate

8 of, the Attorney General; and for the acquisition, lease,

9 maintenance, and operation of motor vehicles, without re10 gard to the general purchase price limitation for the cur11 rent fiscal year.

12 UNITED STATES PAROLE COMMISSION

13 SALARIES AND EXPENSES

14 For necessary expenses of the United States Parole

15 Commission as authorized by law, $8,836,000.

16 LEGAL ACTIVITIES

17 SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

18 For expenses necessary for the legal activities of the

19 Department of Justice, not otherwise provided for, includ20 ing not to exceed $20,000 for expenses of collecting evi21 dence, to be expended under the direction of, and to be

22 accounted for solely under the certificate of, the Attorney

23 General; and rent of private or Government-owned space

24 in the District of Columbia, $527,543,000: Provided, That

25 of the funds made available in this appropriation,
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1 $2,612,000 shall remain available until expended only for

2 courtroom technology: Provided further, That of the total

3 amount appropriated, not to exceed $1,000 shall be avail4 able to the United States National Central Bureau,

5 INTERPOL, for representation expenses.

6 In addition, for reimbursement of expenses of the De7 partment of Justice associated with processing cases

8 under the National Childhood Vaccine Injury Act of 1986,

9 as amended, not to exceed $4,028,000, to be appropriated

10 from the Vaccine Injury Compensation Trust Fund.

11 SALARIES AND EXPENSES, ANTITRUST DIVISION

12 For expenses necessary for the enforcement of anti13 trust and kindred laws, $130,791,000: Provided, That,

14 notwithstanding any other provision of law, not to exceed

15 $130,791,000 of offsetting collections derived from fees

16 collected for premerger notification filings under the Hart17 Scott-Rodino Antitrust Improvements Act of 1976 (15

18 U.S.C. 18a), regardless of the year of collection, shall be

19 retained and used for necessary expenses in this appro20 priation, and shall remain available until expended: Pro21 vided further, That the sum herein appropriated from the

22 general fund shall be reduced as such offsetting collections

23 are received during fiscal year 2002, so as to result in

24 a final fiscal year 2002 appropriation from the general

25 fund estimated at not more than $0.
7

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1 SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

2 For necessary expenses of the Offices of the United

3 States Attorneys, including inter-governmental and coop4 erative agreements, $1,260,353,000; of which not to ex5 ceed $2,500,000 shall be available until September 30,

6 2003, for: (1) training personnel in debt collection; (2) lo7 cating debtors and their property; (3) paying the net costs

8 of selling property; and (4) tracking debts owed to the

9 United States Government: Provided, That of the total

10 amount appropriated, not to exceed $8,000 shall be avail11 able for official reception and representation expenses:

12 Provided further, That of the amount made available

13 under this heading, $6,000,000 shall be available only to

14 procure, operate, and maintain gunfire surveillance equip15 ment to support gun prosecution initiatives in high crime

16 areas: Provided further, That not to exceed $10,000,000

17 of those funds available for automated litigation support

18 contracts shall remain available until expended: Provided

19 further, That, notwithstanding any other provision of law,

20 the Attorney General shall transfer to the Department of

21 Justice Working Capital Fund, unobligated, all unex22 pended funds appropriated by the first heading of chapter

23 2 of title II of division B of Public Law 106–246 and by

24 section 202 of division A of appendix H.R. 5666 of Public

25 Law 106–554: Provided further, That not to exceed
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1 $2,500,000 for the operation of the National Advocacy

2 Center shall remain available until expended: Provided fur3 ther, That the fourth proviso under the heading ‘‘Salaries

4 and Expenses, United States Attorneys’’ in title I of H.R.

5 3421 of the 106th Congress, as enacted by section

6 1000(a)(1) of Public Law 106–113 shall apply to amounts

7 made available under this heading for fiscal year 2002:

8 Provided further, That, in addition to reimbursable full9 time equivalent workyears available to the Offices of the

10 United States Attorneys, not to exceed 9,539 positions

11 and 9,607 full-time equivalent workyears shall be sup12 ported from the funds appropriated in this Act for the

13 United States Attorneys.

14 UNITED STATES TRUSTEE SYSTEM FUND

15 For necessary expenses of the United States Trustee

16 Program, as authorized by 28 U.S.C. 589a(a),

17 $154,044,000, to remain available until expended and to

18 be derived from the United States Trustee System Fund:

19 Provided, That, notwithstanding any other provision of

20 law, deposits to the Fund shall be available in such

21 amounts as may be necessary to pay refunds due deposi22 tors: Provided further, That, notwithstanding any other

23 provision of law, $154,044,000 of offsetting collections

24 pursuant to 28 U.S.C. 589a(b) shall be retained and used

25 for necessary expenses in this appropriation and remain

26 available until expended: Provided further, That the sum
9

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1 herein appropriated from the Fund shall be reduced as

2 such offsetting collections are received during fiscal year

3 2002, so as to result in a final fiscal year 2002 appropria4 tion from the Fund estimated at $0.

5 SALARIES AND EXPENSES, FOREIGN CLAIMS

6 SETTLEMENT COMMISSION

7 For expenses necessary to carry out the activities of

8 the Foreign Claims Settlement Commission, including

9 services as authorized by 5 U.S.C. 3109, $1,130,000.

10 SALARIES AND EXPENSES, UNITED STATES MARSHALS

11 SERVICE

12 For necessary expenses of the United States Mar13 shals Service, including the acquisition, lease, mainte14 nance, and operation of vehicles, and the purchase of pas15 senger motor vehicles for police-type use, without regard

16 to the general purchase price limitation for the current

17 fiscal year, $644,746,000; of which not to exceed $6,000

18 shall be available for official reception and representation

19 expenses; and of which not to exceed $4,000,000 for devel20 opment, implementation, maintenance and support, and

21 training for an automated prisoner information system

22 shall remain available until expended.

23 In addition, for the costs of courthouse security

24 equipment, including furnishings, relocations, and tele25 phone systems and cabling, $18,145,000, to remain avail26 able until expended.
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1 CONSTRUCTION

2 For planning, constructing, renovating, equipping,

3 and maintaining United States Marshals Service prisoner4 holding space in United States courthouses and Federal

5 buildings, including the renovation and expansion of pris6 oner movement areas, elevators, and sallyports,

7 $25,812,000, to remain available until expended.

8 JUSTICE PRISONER AND ALIEN TRANSPORTATION SYSTEM

9 FUND, UNITED STATES MARSHALS SERVICE

10 For necessary expenses to procure replacement air11 craft, $53,050,000, to remain available until expended,

12 shall be available only for the purchase of two long-range,

13 wide body aircraft.

14 FEDERAL PRISONER DETENTION

15 For expenses, related to United States prisoners in

16 the custody of the United States Marshals Service, but

17 not including expenses otherwise provided for in appro18 priations available to the Attorney General, $724,682,000,

19 to remain available until expended.

20 FEES AND EXPENSES OF WITNESSES

21 For expenses, mileage, compensation, and per diems

22 of witnesses, for expenses of contracts for the procurement

23 and supervision of expert witnesses, for private counsel ex24 penses, and for per diems in lieu of subsistence, as author25 ized by law, including advances, $156,145,000, to remain

26 available until expended; of which not to exceed
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1 $6,000,000 may be made available for planning, construc2 tion, renovations, maintenance, remodeling, and repair of

3 buildings, and the purchase of equipment incident thereto,

4 for protected witness safesites; of which not to exceed

5 $1,000,000 may be made available for the purchase and

6 maintenance of armored vehicles for transportation of pro7 tected witnesses; and of which not to exceed $5,000,000

8 may be made available for the purchase, installation, and

9 maintenance of secure telecommunications equipment and

10 a secure automated information network to store and re11 trieve the identities and locations of protected witnesses.

12 SALARIES AND EXPENSES, COMMUNITY RELATIONS

13 SERVICE

14 For necessary expenses of the Community Relations

15 Service, $9,269,000 and, in addition, up to $1,000,000 of

16 funds made available to the Department of Justice in this

17 Act may be transferred by the Attorney General to this

18 account.

19 ASSETS FORFEITURE FUND

20 For expenses authorized by 28 U.S.C.

21 524(c)(1)(A)(ii), (B), (F), and (G), as amended,

22 $22,949,000, to be derived from the Department of Jus23 tice Assets Forfeiture Fund.
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1 RADIATION EXPOSURE COMPENSATION

2 ADMINISTRATIVE EXPENSES

3 For necessary administrative expenses in accordance

4 with the Radiation Exposure Compensation Act,

5 $1,996,000.

6 PAYMENT TO RADIATION EXPOSURE COMPENSATION

7 TRUST FUND

8 For payments to the Radiation Exposure Compensa9 tion Trust Fund of claims covered by the Radiation Expo10 sure Compensation Act as in effect on June 1, 2000,

11 $10,776,000.

12 INTERAGENCY LAW ENFORCEMENT

13 INTERAGENCY CRIME AND DRUG ENFORCEMENT

14 For necessary expenses for the detection, investiga15 tion, and prosecution of individuals involved in organized

16 crime drug trafficking not otherwise provided for, to in17 clude inter-governmental agreements with State and local

18 law enforcement agencies engaged in the investigation and

19 prosecution of individuals involved in organized crime drug

20 trafficking, $336,966,000, of which $50,000,000 shall re21 main available until expended: Provided, That any

22 amounts obligated from appropriations under this heading

23 may be used under authorities available to the organiza24 tions reimbursed from this appropriation: Provided fur25 ther, That any unobligated balances remaining available

26 at the end of the fiscal year shall revert to the Attorney
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1 General for reallocation among participating organizations

2 in succeeding fiscal years, subject to the reprogramming

3 procedures described in section 605 of this Act.

4 FEDERAL BUREAU OF INVESTIGATION

5 SALARIES AND EXPENSES

6 For necessary expenses of the Federal Bureau of In7 vestigation for detection, investigation, and prosecution of

8 crimes against the United States; including purchase for

9 police-type use of not to exceed 1,354 passenger motor ve10 hicles, of which 1,190 will be for replacement only, without

11 regard to the general purchase price limitation for the cur12 rent fiscal year, and hire of passenger motor vehicles; ac13 quisition, lease, maintenance, and operation of aircraft;

14 and not to exceed $70,000 to meet unforeseen emergencies

15 of a confidential character, to be expended under the di16 rection of, and to be accounted for solely under the certifi17 cate of, the Attorney General, $3,425,041,000; of which

18 not to exceed $50,000,000 for automated data processing

19 and telecommunications and technical investigative equip20 ment and not to exceed $1,000,000 for undercover oper21 ations shall remain available until September 30, 2003;

22 of which not less than $485,278,000 shall be for

23 counterterrorism investigations, foreign counterintel24 ligence, and other activities related to our national secu25 rity; of which not to exceed $10,000,000 is authorized to
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1 be made available for making advances for expenses aris2 ing out of contractual or reimbursable agreements with

3 State and local law enforcement agencies while engaged

4 in cooperative activities related to violent crime, terrorism,

5 organized crime, and drug investigations: Provided, That

6 not to exceed $45,000 shall be available for official recep7 tion and representation expenses: Provided further, That

8 of the amount made available under this heading, $53,000

9 shall be available only to reimburse Acadian Ambulance

10 & Air Med Services for costs incurred during the Decem11 ber 1999 prison riot in St. Martin Parish Correctional

12 Center, St. Martin Parish, Louisiana.

13 CONSTRUCTION

14 For necessary expenses to construct or acquire build15 ings and sites by purchase, or as otherwise authorized by

16 law (including equipment for such buildings); conversion

17 and extension of federally-owned buildings; and prelimi18 nary planning and design of projects; $44,074,000, to re19 main available until expended.

20 DRUG ENFORCEMENT ADMINISTRATION

21 SALARIES AND EXPENSES

22 For necessary expenses of the Drug Enforcement Ad23 ministration, including not to exceed $70,000 to meet un24 foreseen emergencies of a confidential character, to be ex25 pended under the direction of, and to be accounted for

26 solely under the certificate of, the Attorney General; ex-
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1 penses for conducting drug education and training pro2 grams, including travel and related expenses for partici3 pants in such programs and the distribution of items of

4 token value that promote the goals of such programs; pur5 chase of not to exceed 1,477 passenger motor vehicles, of

6 which 1,354 will be for replacement only, for police-type

7 use without regard to the general purchase price limitation

8 for the current fiscal year; and acquisition, lease, mainte9 nance, and operation of aircraft, $1,489,779,000; of which

10 $33,000,000 for permanent change of station shall remain

11 available until September 30, 2003; of which not to exceed

12 $1,800,000 for research shall remain available until ex13 pended, and of which not to exceed $4,000,000 for pur14 chase of evidence and payments for information, not to

15 exceed $10,000,000 for contracting for automated data

16 processing and telecommunications equipment, and not to

17 exceed $2,000,000 for laboratory equipment, $4,000,000

18 for technical equipment, and $2,000,000 for aircraft re19 placement retrofit and parts, shall remain available until

20 September 30, 2003; of which not to exceed $50,000 shall

21 be available for official reception and representation ex22 penses.
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1 IMMIGRATION AND NATURALIZATION SERVICE

2 SALARIES AND EXPENSES

3 For expenses, not otherwise provided for, necessary

4 for the administration and enforcement of the laws relat5 ing to immigration, naturalization, and alien registration,

6 including not to exceed $50,000 to meet unforeseen emer7 gencies of a confidential character, to be expended under

8 the direction of, and to be accounted for solely under the

9 certificate of, the Attorney General; purchase for police10 type use (not less than 3,165 passenger motor vehicles,

11 of which not less than 2,211 are for replacement only),

12 without regard to the general purchase price limitation for

13 the current fiscal year, and hire of passenger motor vehi14 cles; acquisition, lease, maintenance and operation of air15 craft; research related to immigration enforcement; for

16 protecting and maintaining the integrity of the borders of

17 the United States including, without limitation, equipping,

18 maintaining, and making improvements to the infrastruc19 ture; and for the care and housing of Federal detainees

20 held in the joint Immigration and Naturalization Service

21 and United States Marshals Service’s Buffalo Detention

22 Facility, $3,176,037,000; of which not to exceed $400,000

23 for research shall remain available until expended; of

24 which not to exceed $10,000,000 shall be available for

25 costs associated with the training program for basic officer
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1 training; of which not to exceed $5,000,000 is for pay2 ments or advances arising out of contractual or reimburs3 able agreements with State and local law enforcement

4 agencies while engaged in cooperative activities related to

5 immigration; of which not to exceed $5,000,000 is to fund

6 or reimburse other Federal agencies for the costs associ7 ated with the care, maintenance, and repatriation of

8 smuggled illegal aliens: Provided, That none of the funds

9 available to the Immigration and Naturalization Service

10 shall be available to pay any employee overtime pay in an

11 amount in excess of $1,153 per pay period during the cal12 endar year beginning January 1, 2002: Provided further,

13 That uniforms may be purchased without regard to the

14 general purchase price limitation for the current fiscal

15 year: Provided further, That not to exceed $45,000 shall

16 be available for official reception and representation ex17 penses: Provided further, That not to exceed 30 permanent

18 positions and 30 full-time equivalent workyears and not

19 to exceed $4,300,000 shall be expended for the Offices of

20 Legislative Affairs and Public Affairs: Provided further,

21 That the latter two aforementioned offices shall be aug22 mented by personnel details, temporary transfers of per23 sonnel on either a reimbursable or non-reimbursable basis,

24 or any other type of formal or informal transfer or reim25 bursement of personnel or funds on either a temporary
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1 or long-term basis and such augmentation may not exceed

2 10 full-time equivalent workyears.

3 CONSTRUCTION

4 For planning, purchase of construction vehicles, con5 struction, renovation, equipping, and maintenance of

6 buildings and facilities necessary for the administration

7 and enforcement of the laws relating to immigration, natu8 ralization, and alien registration, not otherwise provided

9 for, $205,015,000, to remain available until expended, of

10 which $3,000,000 shall be available only to comply with

11 Occupational Safety and Health Administration programs.

12 FEDERAL PRISON SYSTEM

13 SALARIES AND EXPENSES

14 For expenses necessary for the administration, oper15 ation, and maintenance of Federal penal and correctional

16 institutions, including purchase (not to exceed 685, of

17 which 610 are for replacement only) and hire of law en18 forcement and passenger motor vehicles, and for the provi19 sion of technical assistance and advice on corrections re20 lated issues to foreign governments, $3,786,228,000: Pro21 vided, That the Attorney General may transfer to the

22 Health Resources and Services Administration such

23 amounts as may be necessary for direct expenditures by

24 that Administration for medical relief for inmates of Fed25 eral penal and correctional institutions: Provided further,

26 That the Director of the Federal Prison System (FPS),
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1 where necessary, may enter into contracts with a fiscal

2 agent/fiscal intermediary claims processor to determine

3 the amounts payable to persons who, on behalf of FPS,

4 furnish health services to individuals committed to the

5 custody of FPS: Provided further, That not to exceed

6 $6,000 shall be available for official reception and rep7 resentation expenses: Provided further, That not to exceed

8 $50,000,000 shall remain available for necessary oper9 ations until September 30, 2003: Provided further, That,

10 of the amounts provided for Contract Confinement, not

11 to exceed $20,000,000 shall remain available until ex12 pended to make payments in advance for grants, contracts

13 and reimbursable agreements, and other expenses author14 ized by section 501(c) of the Refugee Education Assist15 ance Act of 1980, as amended, for the care and security

16 in the United States of Cuban and Haitian entrants: Pro17 vided further, That the Director of the Federal Prison Sys18 tem may accept donated property and services relating to

19 the operation of the prison card program from a not-for20 profit entity which has operated such program in the past

21 notwithstanding the fact that such not-for-profit entity

22 furnishes services under contracts to the Federal Prison

23 System relating to the operation of pre-release services,

24 halfway houses or other custodial facilities.
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1 BUILDINGS AND FACILITIES

2 For planning, acquisition of sites and construction of

3 new facilities; purchase and acquisition of facilities and re4 modeling, and equipping of such facilities for penal and

5 correctional use, including all necessary expenses incident

6 thereto, by contract or force account; and constructing,

7 remodeling, and equipping necessary buildings and facili8 ties at existing penal and correctional institutions, includ9 ing all necessary expenses incident thereto, by contract or

10 force account, $899,797,000, to remain available until ex11 pended, of which not to exceed $14,000,000 shall be avail12 able to construct areas for inmate work programs: Pro13 vided, That labor of United States prisoners may be used

14 for work performed under this appropriation: Provided

15 further, That, of the amount made available under this

16 heading, $66,524,000, to remain available until expended,

17 shall be transferred to, and merged with, funds in the

18 ‘‘Immigration and Naturalization Service, Construction’’

19 appropriations account, to be available only for the con20 struction of detention facilities: Provided further, That not

21 to exceed 10 percent of the funds appropriated to ‘‘Build22 ings and Facilities’’ in this or any other Act may be trans23 ferred to ‘‘Salaries and Expenses’’, Federal Prison Sys24 tem, upon notification by the Attorney General to the

25 Committees on Appropriations of the House of Represent-
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1 atives and the Senate in compliance with provisions set

2 forth in section 605 of this Act.

3 FEDERAL PRISON INDUSTRIES, INCORPORATED

4 The Federal Prison Industries, Incorporated, is here5 by authorized to make such expenditures, within the limits

6 of funds and borrowing authority available, and in accord

7 with the law, and to make such contracts and commit8 ments, without regard to fiscal year limitations as pro9 vided by section 9104 of title 31, United States Code, as

10 may be necessary in carrying out the program set forth

11 in the budget for the current fiscal year for such corpora12 tion, including purchase of (not to exceed five for replace13 ment only) and hire of passenger motor vehicles.

14 LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL

15 PRISON INDUSTRIES, INCORPORATED

16 Not to exceed $3,429,000 of the funds of the corpora17 tion shall be available for its administrative expenses, and

18 for services as authorized by 5 U.S.C. 3109, to be com19 puted on an accrual basis to be determined in accordance

20 with the corporation’s current prescribed accounting sys21 tem, and such amounts shall be exclusive of depreciation,

22 payment of claims, and expenditures which the said ac23 counting system requires to be capitalized or charged to

24 cost of commodities acquired or produced, including sell25 ing and shipping expenses, and expenses in connection

26 with acquisition, construction, operation, maintenance, im-
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1 provement, protection, or disposition of facilities and other

2 property belonging to the corporation or in which it has

3 an interest.

4 OFFICE OF JUSTICE PROGRAMS

5 JUSTICE ASSISTANCE

6 For grants, contracts, cooperative agreements, and

7 other assistance authorized by title I of the Omnibus

8 Crime Control and Safe Streets Act of 1968, as amended

9 (‘‘the 1968 Act’’), and the Missing Children’s Assistance

10 Act, as amended, including salaries and expenses in con11 nection therewith, and with the Victims of Crime Act of

12 1984, as amended, $200,738,000, to remain available

13 until expended, as authorized by section 1001 of title I

14 of the Omnibus Crime Control and Safe Streets Act of

15 1968, as amended by Public Law 102–534 (106 Stat.

16 3524).

17 In addition, for grants, cooperative agreements, and

18 other assistance authorized by sections 819 and 821 of

19 the Antiterrorism and Effective Death Penalty Act of

20 1996 and for other counterterrorism programs,

21 $364,000,000, to remain available until expended.

22 STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

23 For assistance authorized by the Violent Crime Con24 trol and Law Enforcement Act of 1994 (Public Law 103–

25 322), as amended (‘‘the 1994 Act’’); the Omnibus Crime

26 Control and Safe Streets Act of 1968, as amended (‘‘the
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1 1968 Act’’); and the Victims of Child Abuse Act of 1990,

2 as amended (‘‘the 1990 Act’’), $2,089,990,000 (including

3 amounts for administrative costs, which shall be trans4 ferred to and merged with the ‘‘Justice Assistance’’ ac5 count), to remain available until expended as follows:

6 (1) $400,000,000 for Local Law Enforcement

7 Block Grants, pursuant to H.R. 728 as passed by

8 the House of Representatives on February 14, 1995,

9 except that for purposes of this Act, Guam shall be

10 considered a ‘‘State’’, the Commonwealth of Puerto

11 Rico shall be considered a ‘‘unit of local govern12 ment’’ as well as a ‘‘State’’, for the purposes set

13 forth in paragraphs (A), (B), (D), (F), and (I) of

14 section 101(a)(2) of H.R. 728 and for establishing

15 crime prevention programs involving cooperation be16 tween community residents and law enforcement

17 personnel in order to control, detect, or investigate

18 crime or the prosecution of criminals: Provided, That

19 no funds provided under this heading may be used

20 as matching funds for any other Federal grant pro21 gram, of which:

22 (a) $80,000,000 shall be for Boys and

23 Girls Clubs in public housing facilities and

24 other areas in cooperation with State and local

25 law enforcement: Provided, That funds may
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1 also be used to defray the costs of indemnifica2 tion insurance for law enforcement officers, and

3 (b) $19,956,000 shall be available for

4 grants, contracts, and other assistance to carry

5 out section 102(c) of H.R. 728;

6 (2) $265,000,000 for the State Criminal Alien

7 Assistance Program, as authorized by section 242(j)

8 of the Immigration and Nationality Act, as amend9 ed;

10 (3) $35,000,000 shall be available for the Coop11 erative Agreement Program;

12 (4) $35,191,000 shall be available for grants

13 under section 20109(a)(2) of subtitle A of title II of

14 the 1994 Act;

15 (5) $7,982,000 for the Tribal Courts Initiative;

16 (6) $578,125,000 for programs authorized by

17 part E of title I of the 1968 Act, notwithstanding

18 the provisions of section 511 of said Act, of which

19 $78,125,000 shall be for discretionary grants under

20 the Edward Byrne Memorial State and Local Law

21 Enforcement Assistance Programs;

22 (7) $11,975,000 for the Court Appointed Spe23 cial Advocate Program, as authorized by section 218

24 of the 1990 Act;
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1 (8) $2,296,000 for Child Abuse Training Pro2 grams for Judicial Personnel and Practitioners, as

3 authorized by section 224 of the 1990 Act;

4 (9) $184,937,000 for Grants to Combat Vio5 lence Against Women, to States, units of local gov6 ernment, and Indian tribal governments, as author7 ized by section 1001(a)(18) of the 1968 Act, of

8 which:

9 (a) $1,000,000 shall be for the Bureau of

10 Justice Statistics for grants, contracts, and

11 other assistance for domestic violence federal

12 case processing study,

13 (b) $5,200,000 shall be for the National

14 Institute of Justice for grants, contracts, and

15 other assistance for research and evaluation of

16 violence against women, and

17 (c) $10,000,000 shall be for the Office of

18 Juvenile Justice and Delinquency Prevention

19 for the Safe Start Program, to be administered

20 as authorized by part C of the Juvenile Justice

21 and Delinquency Act of 1974, as amended;

22 (10) $64,925,000 for Grants to Encourage Ar23 rest Policies to States, units of local government,

24 and Indian tribal governments, as authorized by sec25 tion 1001(a)(19) of the 1968 Act;
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1 (11) $39,945,000 for Rural Domestic Violence

2 and Child Abuse Enforcement Assistance Grants, as

3 authorized by section 40295 of the 1994 Act;

4 (12) $4,989,000 for training programs to assist

5 probation and parole officers who work with released

6 sex offenders, as authorized by section 40152(c) of

7 the 1994 Act, and for local demonstration projects;

8 (13) $998,000 for grants for televised testi9 mony, as authorized by section 1001(a)(7) of the

10 1968 Act;

11 (14) $3,000,000 for grants to States and units

12 of local government to improve the process for enter13 ing data regarding stalking and domestic violence

14 into local, State, and national crime information

15 databases, as authorized by section 40602 of the

16 1994 Act;

17 (15) $10,000,000 for grants to reduce Violent

18 Crimes Against Women on Campus, as authorized

19 by section 1108(a) of Public Law 106–386;

20 (16) $40,000,000 for Legal Assistance for Vic21 tims, as authorized by section 1201 of Public Law

22 106–386;

23 (17) $5,000,000 for enhancing protection for

24 older and disabled women from domestic violence
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1 and sexual assault as authorized by section 40801 of

2 the 1994 Act;

3 (18) $15,000,000 for the Safe Havens for Chil4 dren Pilot Program as authorized by section 1301 of

5 Public Law 106–386;

6 (19) $7,500,000 for Education and Training to

7 end violence against and abuse of women with dis8 abilities, as authorized by section 1402 of Public

9 Law 106–386;

10 (20) $68,000,000 for grants for residential sub11 stance abuse treatment for State prisoners, as au12 thorized by section 1001(a)(17) of the 1968 Act:

13 Provided, That States that have in-prison drug

14 treatment programs, in compliance with Federal re15 quirements, may use their residential substance

16 abuse grants funds for treatment, both during incar17 ceration and after release;

18 (21) $4,989,000 for demonstration grants on

19 alcohol and crime in Indian Country;

20 (22) $898,000 for the Missing Alzheimer’s Dis21 ease Patient Alert Program, as authorized by section

22 240001(c) of the 1994 Act;

23 (23) $50,000,000 for Drug Courts, as author24 ized by title V of the 1994 Act;
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1 (24) $1,497,000 for Law Enforcement Family

2 Support Programs, as authorized by section

3 1001(a)(21) of the 1968 Act;

4 (25) $1,995,000 for public awareness programs

5 addressing marketing scams aimed at senior citi6 zens, as authorized by section 250005(3) of the

7 1994 Act;

8 (26) $249,450,000 for Juvenile Accountability

9 Incentive Block Grants except that such funds shall

10 be subject to the same terms and conditions as set

11 forth in the provisions under this heading for this

12 program in Public Law 105–119, but all references

13 in such provisions to 1998 shall be deemed to refer

14 instead to 2002, and Guam shall be considered a

15 ‘‘State’’ for the purposes of title III of H.R. 3, as

16 passed by the House of Representatives on May 8,

17 1997; and

18 (27) $1,298,000 for the Motor Vehicle Theft

19 Prevention Programs, as authorized by section

20 220002(h) of the 1994 Act:

21 Provided, That funds made available in fiscal year 2002

22 under subpart 1 of part E of title I of the 1968 Act may

23 be obligated for programs to assist States in the litigation

24 processing of death penalty Federal habeas corpus peti25 tions and for drug testing initiatives: Provided further,
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1 That, if a unit of local government uses any of the funds

2 made available under this title to increase the number of

3 law enforcement officers, the unit of local government will

4 achieve a net gain in the number of law enforcement offi5 cers who perform nonadministrative public safety service.

6 WEED AND SEED PROGRAM FUND

7 For necessary expenses, including salaries and re8 lated expenses of the Executive Office for Weed and Seed,

9 to implement ‘‘Weed and Seed’’ program activities,

10 $58,925,000, to remain available until expended, for inter11 governmental agreements, including grants, cooperative

12 agreements, and contracts, with State and local law en13 forcement agencies, non-profit organizations, and agencies

14 of local government, engaged in the investigation and

15 prosecution of violent crimes and drug offenses in ‘‘Weed

16 and Seed’’ designated communities, and for either reim17 bursements or transfers to appropriation accounts of the

18 Department of Justice and other Federal agencies which

19 shall be specified by the Attorney General to execute the

20 ‘‘Weed and Seed’’ program strategy: Provided, That funds

21 designated by Congress through language for other De22 partment of Justice appropriation accounts for ‘‘Weed and

23 Seed’’ program activities shall be managed and executed

24 by the Attorney General through the Executive Office for

25 Weed and Seed: Provided further, That the Attorney Gen26 eral may direct the use of other Department of Justice
30

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1 funds and personnel in support of ‘‘Weed and Seed’’ pro2 gram activities only after the Attorney General notifies the

3 Committees on Appropriations of the House of Represent4 atives and the Senate in accordance with section 605 of

5 this Act.

6 COMMUNITY ORIENTED POLICING SERVICES

7 For activities authorized by the Violent Crime Con8 trol and Law Enforcement Act of 1994, Public Law 103–

9 322 (‘‘the 1994 Act’’) (including administrative costs),

10 $1,019,874,000, to remain available until expended; of

11 which $150,962,000 shall be available to the Office of Jus12 tice Programs to carry out section 102 of the Crime Iden13 tification Technology Act of 1998 (42 U.S.C. 14601), of

14 which $35,000,000 is for grants to upgrade criminal

15 records, as authorized under the Crime Identification

16 Technology Act of 1998 (42 U.S.C. 14601), of which

17 $35,000,000 is for DNA testing as authorized by the DNA

18 Analysis Backlog Elimination Act of 2000 (Public Law

19 106–546), of which $35,000,000 is for the State and local

20 DNA laboratories as authorized by section 1001(a)(22) of

21 the 1968 Act, and improvements to the State and local

22 forensic general science capabilities to reduce State and

23 local DNA convicted offender sample backlog and for

24 awards to State, local, and private laboratories, and of

25 which $17,000,000 is for the National Institute of Justice
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1 for grants, contracts, and other agreements to develop

2 school safety technologies and training; of which

3 $510,524,000 is for Public Safety and Community Polic4 ing Grants pursuant to title I of the 1994 Act, of which

5 $190,291,000 shall be available for the COPS hiring pro6 gram, of which $180,000,000 shall be available for school

7 resource officers, of which $31,315,000 shall be used to

8 improve tribal law enforcement including equipment and

9 training, of which $25,444,000 shall be used for the

10 Matching Grant Program for Law Enforcement Armor

11 Vests pursuant to section 2501 of part Y of the Omnibus

12 Crime Control and Safe Streets Act of 1968 (‘‘the 1968

13 Act’’), as amended, of which $30,000,000 shall be used

14 for Police Corps education, training, and service as set

15 forth in sections 200101–200113 of the 1994 Act, and

16 of which $20,662,000 shall be used to provide training and

17 technical assistance; of which $155,467,000 shall be used

18 for a law enforcement technology program, of which

19 $7,202,000, to remain available until September 30, 2003,

20 shall be transferred to, and merged with, funds in the Fed21 eral Bureau of Investigation, ‘‘Salaries and Expenses’’ ap22 propriations account to be available only to maintain or

23 establish not more than 4 regional computer forensic labs

24 in affiliation with the Federal Bureau of Investigation

25 Laboratory Division, of which $1,005,000, to remain
32

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1 available until September 30, 2003, shall be transferred

2 to, and merged with, funds in the Federal Bureau of In3 vestigation, ‘‘Salaries and Expenses’’ appropriations ac4 count to be available only to expand the Violent Criminal

5 Apprehension Program to include sexual assault, of which

6 $350,000 shall be transferred to, and merged with, funds

7 in the ‘‘Salaries and Expenses’’, General Legal Activities

8 appropriations account to be available only for equipment

9 to connect Interpol to the National Law Enforcement

10 Telecommunications System, and of which $4,000,000, to

11 remain available until September 30, 2003, shall be trans12 ferred to, and merged with, funds in the Federal Bureau

13 of Investigation, ‘‘Salaries and Expenses’’ appropriations

14 account to be available only to maintain or establish not

15 more than 4 regional mitochondrial DNA forensic labs in

16 affiliation with the Federal Bureau of Investigation Lab17 oratory Division; of which $48,393,000 shall be used for

18 policing initiatives to combat methamphetamine produc19 tion and trafficking and to enhance policing initiatives in

20 drug ‘‘hot spots’’; of which $99,780,000 for a prosecution

21 assistance program to reimburse State, county, parish, or

22 municipal governments only for Federal costs associated

23 with the prosecution of criminal cases declined by local

24 U.S. Attorneys’ offices, of which $49,780,000 shall be for

25 a national program to reduce gun violence, and of which
33

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1 $50,000,000 shall be for the Southwest Border Prosecutor

2 Initiative; of which $16,963,000 shall be for a police integ3 rity program; of which $22,851,000 is for the Safe Schools

4 Initiative; and of which $14,934,000 shall be for an of5 fender re-entry program: Provided, That of the amount

6 provided for Public Safety and Community Policing

7 Grants, not to exceed $32,812,000 shall be expended for

8 program management and administration: Provided fur9 ther, That of the prior year balances available in this pro10 gram, $46,000,000 shall be available for the direct hiring

11 of law enforcement officers through the Universal Hiring

12 Program: Provided further, That Section 1703(b) and (c)

13 of the 1968 Act shall not apply to non-hiring grants made

14 pursuant to part Q of title I thereof (42 U.S.C. 3796 d.d.

15 et seq.).

16 JUVENILE JUSTICE PROGRAMS

17 For grants, contracts, cooperative agreements, and

18 other assistance authorized by the Juvenile Justice and

19 Delinquency Prevention Act of 1974, as amended, (‘‘the

20 Act’’), including salaries and expenses in connection there21 with to be transferred to and merged with the appropria22 tions for Justice Assistance, $320,026,000, to remain

23 available until expended, as authorized by section 299 of

24 part I of title II and section 506 of title V of the Act,

25 as amended by Public Law 102–586, of which: (1) not26 withstanding any other provision of law, $6,847,000 shall
34

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1 be available for expenses authorized by part A of title II

2 of the Act, $88,804,000 shall be available for expenses au3 thorized by part B of title II of the Act, and $55,691,000

4 shall be available for expenses authorized by part C of title

5 II of the Act: Provided, That $26,442,000 of the amounts

6 provided for part B of title II of the Act, as amended,

7 is for the purpose of providing additional formula grants

8 under part B to States that provide assurances to the Ad9 ministrator that the State has in effect (or will have in

10 effect no later than 1 year after date of application) poli11 cies and programs, that ensure that juveniles are subject

12 to accountability-based sanctions for every act for which

13 they are adjudicated delinquent; (2) $11,974,000 shall be

14 available for expenses authorized by sections 281 and 282

15 of part D of title II of the Act for prevention and treat16 ment programs relating to juvenile gangs; (3) $9,978,000

17 shall be available for expenses authorized by section 285

18 of part E of title II of the Act; (4) $15,965,000 shall be

19 available for expenses authorized by part G of title II of

20 the Act for juvenile mentoring programs; and (5)

21 $130,767,000 shall be available for expenses authorized

22 by title V of the Act for incentive grants for local delin23 quency prevention programs; of which $12,472,000 shall

24 be for delinquency prevention, control, and system im25 provement programs for tribal youth; of which
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1 $25,000,000 shall be available for grants of $360,000 to

2 each State and $6,640,000 shall be available for discre3 tionary grants to States, for programs and activities to

4 enforce State laws prohibiting the sale of alcoholic bev5 erages to minors or the purchase or consumption of alco6 holic beverages by minors, prevention and reduction of

7 consumption of alcoholic beverages by minors, and for

8 technical assistance and training; and of which

9 $15,000,000 shall be available for the Safe Schools Initia10 tive: Provided further, That of amounts made available

11 under the Juvenile Justice Programs of the Office of Jus12 tice Programs to carry out part B (relating to Federal

13 Assistance for State and Local Programs), subpart II of

14 part C (relating to Special Emphasis Prevention and

15 Treatment Programs), part D (relating to Gang-Free

16 Schools and Communities and Community-Based Gang

17 Intervention), part E (relating to State Challenge Activi18 ties), and part G (relating to Mentoring) of title II of the

19 Juvenile Justice and Delinquency Prevention Act of 1974,

20 and to carry out the At-Risk Children’s Program under

21 title V of that Act, not more than 10 percent of each such

22 amount may be used for research, evaluation, and statis23 tics activities designed to benefit the programs or activities

24 authorized under the appropriate part or title, and not

25 more than 2 percent of each such amount may be used
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1 for training and technical assistance activities designed to

2 benefit the programs or activities authorized under that

3 part or title.

4 In addition, for grants, contracts, cooperative agree5 ments, and other assistance authorized by the Victims of

6 Child Abuse Act of 1990, as amended, $8,481,000, to re7 main available until expended, as authorized by section

8 214B of the Act.

9 PUBLIC SAFETY OFFICERS BENEFITS

10 To remain available until expended, for payments au11 thorized by part L of title I of the Omnibus Crime Control

12 and Safe Streets Act of 1968 (42 U.S.C. 3796), as amend13 ed, such sums as are necessary, as authorized by section

14 6093 of Public Law 100–690 (102 Stat. 4339–4340); and

15 $2,395,000, to remain available until expended for pay16 ments as authorized by section 1201(b) of said Act.

17 GENERAL PROVISIONS—DEPARTMENT OF JUSTICE

18 SEC. 101. In addition to amounts otherwise made

19 available in this title for official reception and representa20 tion expenses, a total of not to exceed $45,000 from funds

21 appropriated to the Department of Justice in this title

22 shall be available to the Attorney General for official re23 ception and representation expenses in accordance with

24 distributions, procedures, and regulations established by

25 the Attorney General.
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1 SEC. 102. Section 124 of the Departments of Com2 merce, Justice, and State, the Judiciary, and Related

3 Agencies Appropriations Act, 1999, as contained in the

4 Omnibus Consolidated and Emergency Supplemental Ap5 propriations Act, 1999, is repealed.

6 SEC. 103. Notwithstanding any other provision of

7 law, not to exceed $10,000,000 of the funds made avail8 able in this Act may be used to establish and publicize

9 a program under which publicly advertised, extraordinary

10 rewards may be paid, which shall not be subject to spend11 ing limitations contained in sections 3059 and 3072 of

12 title 18, United States Code: Provided, That any reward

13 of $100,000 or more, up to a maximum of $2,000,000,

14 may not be made without the personal approval of the

15 President or the Attorney General and such approval may

16 not be delegated.

17 SEC. 104. Not to exceed 5 percent of any appropria18 tion made available for the current fiscal year for the De19 partment of Justice in this Act may be transferred be20 tween such appropriations, but no such appropriation, ex21 cept as otherwise specifically provided, shall be increased

22 by more than 10 percent by any such transfers: Provided,

23 That any transfer pursuant to this section shall be treated

24 as a reprogramming of funds under section 605 of this
38

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1 Act and shall not be available for obligation except in com2 pliance with the procedures set forth in that section.

3 SEC. 105. Section 286(q)(1)(A) of the Immigration

4 and Nationality Act of 1953, as amended, is further

5 amended by striking ‘‘6’’ and inserting ‘‘96’’.

6 SEC. 106. Notwithstanding any other provision of

7 law, $1,000,000 shall be available for technical assistance

8 from the funds appropriated for part G of title II of the

9 Juvenile Justice and Delinquency Prevention Act of 1974,

10 as amended.

11 SEC. 107. Section 11231 of the National Capital Re12 vitalization and Self-Government Improvement Act of

13 1997, Public Law 105–33, is amended—

14 (1) in the catchline of paragraphs (a)(1) and

15 (2), by striking ‘‘of Parole Commission’’;

16 (2) in subsections (a) and (c), by replacing

17 ‘‘United States Parole Commission’’ and ‘‘Parole

18 Commission’’, each place they currently appear, with

19 ‘‘agency established under section 11233’’;

20 (3) in paragraph (a)(1), by replacing ‘‘one year

21 after date of enactment of this Act’’ with ‘‘Sep22 tember 30, 2002’’, by replacing ‘‘Board of Parole of

23 the District of Columbia’’ with ‘‘United States Pa24 role Commission’’, by striking ‘‘exclusive’’, and by
39

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1 replacing all the matter from ‘‘felons,’’ to the period,

2 inclusive, with ‘‘felons.’’;

3 (4) by replacing all the matter after the catch4 line of paragraph (a)(2) with ‘‘Not later than Sep5 tember 30, 2002, the agency established under sec6 tion 11233 shall assume all powers, duties, and ju7 risdiction transferred to the United States Parole

8 Commission by this paragraph as in effect on Janu9 ary 1, 2001.’’; and

10 (5) in subsection (c), by replacing all the matter

11 from ‘‘Columbia,’’ to the period, inclusive, with ‘‘Co12 lumbia.’’.

13 SEC. 108. In instances where the Attorney General

14 determines that law enforcement-, security-, or mission15 related considerations mitigate against obtaining mainte16 nance or repair services from private sector entities for

17 equipment under warranty, the Attorney General is au18 thorized to seek reimbursement from such entities for war19 ranty work performed at Department of Justice facilities

20 and, notwithstanding any other provision of law, to credit

21 any payment made for such work to any appropriation

22 charged therefore.

23 SEC. 109. Section 286(e)(1) of the Immigration and

24 Nationality Act (8 U.S.C. 1356(e)(1)) is amended to read

25 as follows:
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1 ‘‘(1)(A) Except as provided in subparagraph (B), the

2 Attorney General is authorized to charge and collect a fee

3 in the amount of $3 for each individual with respect to

4 whom immigration inspection services or preinspection

5 services are provided in connection with the arrival in the

6 United States of the individual as a passenger on a com7 mercial vessel, if the passenger’s journey originated in any

8 of the following:

9 ‘‘(i) Mexico.

10 ‘‘(ii) Canada.

11 ‘‘(iii) A State, territory, or possession of the

12 United States.

13 ‘‘(iv) Any adjacent island (within the meaning

14 of section 101(b)(5)).

15 ‘‘(B) The authority of subparagraph (A) does not

16 apply to immigration inspection services or preinspection

17 services provided at a designated port of entry in connec18 tion with the arrival of a passenger by means of a Great

19 Lakes international ferry, or by means of any vessel that

20 transits the Great Lakes or its connecting waterways, if

21 the ferry or other vessel operates on a regular schedule.’’.

22 SEC. 110. Section 245(i) of the Immigration and Na23 tionality Act (8 U.S.C. 1255(i)) is amended—

24 (1) in paragraph (1), by amending the first sen25 tence to read as follows: ‘‘Notwithstanding the provi-
41

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1 sions of subsections (a) and (c) of this section, an

2 alien physically present in the United States who—

3 ‘‘(A) entered the United States without in4 spection; or

5 ‘‘(B) is within one of the classes enumer6 ated in subsection (c) of this section, may apply

7 to the Attorney General for the adjustment of

8 his or her status to that of an alien lawfully ad9 mitted for permanent residence.’’; and

10 (2) by amending paragraph (3)(B) to read as

11 follows:

12 ‘‘(B) One-half of any remaining portion of such fees

13 remitted under such paragraphs shall be deposited by the

14 Attorney General into the Immigration Examination Fee

15 Account established under section 286(m), and one-half

16 of any remaining portion of such fees shall be deposited

17 by the Attorney General into the Breached Bond/Deten18 tion Fund established under section 286(r).’’.

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

20 Act of 1984 (42 U.S.C. 10601(d)(3)), is amended by strik21 ing the period at the end and inserting ‘‘, and for a Victim

22 Notification System.’’.

23 This title may be cited as the ‘‘Department of Justice

24 Appropriations Act, 2002’’.
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1 TITLE II—DEPARTMENT OF COMMERCE AND

2 RELATED AGENCIES

3 TRADE AND INFRASTRUCTURE DEVELOPMENT

4 RELATED AGENCIES

5 OFFICE OF THE UNITED STATES TRADE

6 REPRESENTATIVE

7 SALARIES AND EXPENSES

8 For necessary expenses of the Office of the United

9 States Trade Representative, including the hire of pas10 senger motor vehicles and employment of experts and con11 sultants as authorized by 5 U.S.C. 3109, $30,097,000, of

12 which $1,000,000 shall remain available until expended:

13 Provided, That not to exceed $98,000 shall be available

14 for official reception and representation expenses.

15 INTERNATIONAL TRADE COMMISSION

16 SALARIES AND EXPENSES

17 For necessary expenses of the International Trade

18 Commission, including hire of passenger motor vehicles,

19 and services as authorized by 5 U.S.C. 3109, and not to

20 exceed $2,500 for official reception and representation ex21 penses, $49,386,000, to remain available until expended.
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1 DEPARTMENT OF COMMERCE

2 INTERNATIONAL TRADE ADMINISTRATION

3 OPERATIONS AND ADMINISTRATION

4 For necessary expenses for international trade activi5 ties of the Department of Commerce provided for by law,

6 and engaging in trade promotional activities abroad, in7 cluding expenses of grants and cooperative agreements for

8 the purpose of promoting exports of United States firms,

9 without regard to 44 U.S.C. 3702 and 3703; full medical

10 coverage for dependent members of immediate families of

11 employees stationed overseas and employees temporarily

12 posted overseas; travel and transportation of employees of

13 the United States and Foreign Commercial Service be14 tween two points abroad, without regard to 49 U.S.C.

15 1517; employment of Americans and aliens by contract for

16 services; rental of space abroad for periods not exceeding

17 10 years, and expenses of alteration, repair, or improve18 ment; purchase or construction of temporary demountable

19 exhibition structures for use abroad; payment of tort

20 claims, in the manner authorized in the first paragraph

21 of 28 U.S.C. 2672 when such claims arise in foreign coun22 tries; not to exceed $327,000 for official representation

23 expenses abroad; purchase of passenger motor vehicles for

24 official use abroad, not to exceed $30,000 per vehicle; ob25 taining insurance on official motor vehicles; and rental of
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1 tie lines, $347,090,000, to remain available until ex2 pended, of which $3,000,000 is to be derived from fees

3 to be retained and used by the International Trade Admin4 istration, notwithstanding 31 U.S.C. 3302: Provided, That

5 $66,820,000 shall be for Trade Development,

6 $27,441,000 shall be for Market Access and Compliance,

7 $42,859,000 shall be for the Import Administration,

8 $193,824,000 shall be for the United States and Foreign

9 Commercial Service, and $13,146,000 shall be for Execu10 tive Direction and Administration: Provided further, That

11 the provisions of the first sentence of section 105(f) and

12 all of section 108(c) of the Mutual Educational and Cul13 tural Exchange Act of 1961 (22 U.S.C. 2455(f) and

14 2458(c)) shall apply in carrying out these activities with15 out regard to section 5412 of the Omnibus Trade and

16 Competitiveness Act of 1988 (15 U.S.C. 4912); and that

17 for the purpose of this Act, contributions under the provi18 sions of the Mutual Educational and Cultural Exchange

19 Act shall include payment for assessments for services pro20 vided as part of these activities.

21 EXPORT ADMINISTRATION

22 OPERATIONS AND ADMINISTRATION

23 For necessary expenses for export administration and

24 national security activities of the Department of Com25 merce, including costs associated with the performance of
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1 export administration field activities both domestically and

2 abroad; full medical coverage for dependent members of

3 immediate families of employees stationed overseas; em4 ployment of Americans and aliens by contract for services

5 abroad; payment of tort claims, in the manner authorized

6 in the first paragraph of 28 U.S.C. 2672 when such claims

7 arise in foreign countries; not to exceed $15,000 for offi8 cial representation expenses abroad; awards of compensa9 tion to informers under the Export Administration Act of

10 1979, and as authorized by 22 U.S.C. 401(b); purchase

11 of passenger motor vehicles for official use and motor vehi12 cles for law enforcement use with special requirement vehi13 cles eligible for purchase without regard to any price limi14 tation otherwise established by law, $68,893,000, to re15 main available until expended, of which $7,250,000 shall

16 be for inspections and other activities related to national

17 security: Provided, That the provisions of the first sen18 tence of section 105(f) and all of section 108(c) of the

19 Mutual Educational and Cultural Exchange Act of 1961

20 (22 U.S.C. 2455(f) and 2458(c)) shall apply in carrying

21 out these activities: Provided further, That payments and

22 contributions collected and accepted for materials or serv23 ices provided as part of such activities may be retained

24 for use in covering the cost of such activities, and for pro25 viding information to the public with respect to the export
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1 administration and national security activities of the De2 partment of Commerce and other export control programs

3 of the United States and other governments.

4 ECONOMIC DEVELOPMENT ADMINISTRATION

5 ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

6 For grants for economic development assistance as

7 provided by the Public Works and Economic Development

8 Act of 1965, as amended, and for trade adjustment assist9 ance, $341,000,000, to remain available until expended.

10 SALARIES AND EXPENSES

11 For necessary expenses of administering the eco12 nomic development assistance programs as provided for by

13 law, $30,557,000: Provided, That these funds may be used

14 to monitor projects approved pursuant to title I of the

15 Public Works Employment Act of 1976, as amended, title

16 II of the Trade Act of 1974, as amended, and the Commu17 nity Emergency Drought Relief Act of 1977.

18 MINORITY BUSINESS DEVELOPMENT AGENCY

19 MINORITY BUSINESS DEVELOPMENT

20 For necessary expenses of the Department of Com21 merce in fostering, promoting, and developing minority

22 business enterprise, including expenses of grants, con23 tracts, and other agreements with public or private organi24 zations, $28,381,000.
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1 ECONOMIC AND INFORMATION INFRASTRUCTURE

2 ECONOMIC AND STATISTICAL ANALYSIS

3 SALARIES AND EXPENSES

4 For necessary expenses, as authorized by law, of eco5 nomic and statistical analysis programs of the Department

6 of Commerce, $62,515,000, to remain available until Sep7 tember 30, 2003.

8 BUREAU OF THE CENSUS

9 SALARIES AND EXPENSES

10 For expenses necessary for collecting, compiling, ana11 lyzing, preparing, and publishing statistics, provided for

12 by law, $168,561,000.

13 PERIODIC CENSUSES AND PROGRAMS

14 For necessary expenses to collect and publish statis15 tics for periodic censuses and programs provided for by

16 law, $348,529,000, to remain available until expended.

17 NATIONAL TELECOMMUNICATIONS AND INFORMATION

18 ADMINISTRATION

19 SALARIES AND EXPENSES

20 For necessary expenses, as provided for by law, of

21 the National Telecommunications and Information Ad22 ministration (NTIA), $14,054,000, to remain available

23 until expended: Provided, That, notwithstanding 31

24 U.S.C. 1535(d), the Secretary of Commerce shall charge

25 Federal agencies for costs incurred in spectrum manage26 ment, analysis, and operations, and related services and
48

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1 such fees shall be retained and used as offsetting collec2 tions for costs of such spectrum services, to remain avail3 able until expended: Provided further, That the Secretary

4 of Commerce is authorized to retain and use as offsetting

5 collections all funds transferred, or previously transferred,

6 from other Government agencies for all costs incurred in

7 telecommunications research, engineering, and related ac8 tivities by the Institute for Telecommunication Sciences

9 of NTIA, in furtherance of its assigned functions under

10 this paragraph, and such funds received from other Gov11 ernment agencies shall remain available until expended.

12 PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING

13 AND CONSTRUCTION

14 For grants authorized by section 392 of the Commu15 nications Act of 1934, as amended, $43,466,000, to re16 main available until expended as authorized by section 391

17 of the Act, as amended: Provided, That not to exceed

18 $2,358,000 shall be available for program administration

19 as authorized by section 391 of the Act: Provided further,

20 That notwithstanding the provisions of section 391 of the

21 Act, the prior year unobligated balances may be made

22 available for grants for projects for which applications

23 have been submitted and approved during any fiscal year.

24 INFORMATION INFRASTRUCTURE GRANTS

25 For grants authorized by section 392 of the Commu26 nications Act of 1934, as amended, $15,503,000, to re-
49

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1 main available until expended as authorized by section 391

2 of the Act, as amended: Provided, That not to exceed

3 $3,097,000 shall be available for program administration

4 and other support activities as authorized by section 391:

5 Provided further, That, of the funds appropriated herein,

6 not to exceed 5 percent may be available for telecommuni7 cations research activities for projects related directly to

8 the development of a national information infrastructure:

9 Provided further, That, notwithstanding the requirements

10 of sections 392(a) and 392(c) of the Act, these funds may

11 be used for the planning and construction of telecommuni12 cations networks for the provision of educational, cultural,

13 health care, public information, public safety, or other so14 cial services: Provided further, That notwithstanding any

15 other provision of law, no entity that receives tele16 communications services at preferential rates under sec17 tion 254(h) of the Act (47 U.S.C. 254(h)) or receives as18 sistance under the regional information sharing systems

19 grant program of the Department of Justice under part

20 M of title I of the Omnibus Crime Control and Safe

21 Streets Act of 1968 (42 U.S.C. 3796h) may use funds

22 under a grant under this heading to cover any costs of

23 the entity that would otherwise be covered by such pref24 erential rates or such assistance, as the case may be.
50

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1 PATENT AND TRADEMARK OFFICE

2 SALARIES AND EXPENSES

3 For necessary expenses of the United States Patent

4 and Trademark Office provided for by law, including de5 fense of suits instituted against the Under Secretary of

6 Commerce for Intellectual Property and Director of the

7 United States Patent and Trademark Office,

8 $856,701,000, to remain available until expended, which

9 amount shall be derived from offsetting collections as10 sessed and collected pursuant to 15 U.S.C. 1113 and 35

11 U.S.C. 41 and 376, and shall be retained and used for

12 necessary expenses in this appropriation: Provided, That

13 the sum herein appropriated from the general fund shall

14 be reduced as such offsetting collections are received dur15 ing fiscal year 2002, so as to result in fiscal year 2002

16 appropriation from the general fund estimated at $0: Pro17 vided further, That during fiscal year 2002, should the

18 total amount of offsetting fee collections be less than

19 $856,701,000, the total amounts available to the United

20 States Patent and Trademark Office shall be reduced ac21 cordingly: Provided further, That an additional amount not

22 to exceed $282,300,000 from fees collected in prior fiscal

23 years shall be available for obligation in fiscal year 2002,

24 to remain available until expended: Provided further, That

25 from amounts provided herein, not to exceed $5,000 shall
51

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1 be made available in fiscal year 2002 for official reception

2 and representation expenses.

3 SCIENCE AND TECHNOLOGY

4 TECHNOLOGY ADMINISTRATION

5 UNDER SECRETARY FOR TECHNOLOGY/OFFICE OF

6 TECHNOLOGY POLICY

7 SALARIES AND EXPENSES

8 For necessary expenses for the Under Secretary for

9 Technology/Office of Technology Policy, $8,238,000.

10 NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

11 SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES

12 For necessary expenses of the National Institute of

13 Standards and Technology, $343,296,000, to remain

14 available until expended, of which not to exceed $282,000

15 may be transferred to the ‘‘Working Capital Fund’’.

16 INDUSTRIAL TECHNOLOGY SERVICES

17 For necessary expenses of the Manufacturing Exten18 sion Partnership of the National Institute of Standards

19 and Technology, $105,137,000, to remain available until

20 expended: Provided, That the Secretary of Commerce is

21 authorized to enter into agreements with one or more non22 profit organizations for the purpose of carrying out collec23 tive research and development initiatives pertaining to 15

24 U.S.C. 278k paragraph (a), and is authorized to seek and

25 accept contributions from public and private sources to

26 support these efforts as necessary.
52

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1 In addition, for necessary expenses of the Advanced

2 Technology Program of the National Institute of Stand3 ards and Technology, $204,200,000, to remain available

4 until expended, of which not to exceed $60,700,000 shall

5 be available for the award of new grants.

6 CONSTRUCTION OF RESEARCH FACILITIES

7 For construction of new research facilities, including

8 architectural and engineering design, and for renovation

9 of existing facilities, not otherwise provided for the Na10 tional Institute of Standards and Technology, as author11 ized by 15 U.S.C. 278c–278e, $43,893,000, to remain

12 available until expended.

13 NATIONAL OCEANIC AND ATMOSPHERIC

14 ADMINISTRATION

15 OPERATIONS, RESEARCH, AND FACILITIES

16 (INCLUDING TRANSFERS OF FUNDS)

17 For necessary expenses of activities authorized by law

18 for the National Oceanic and Atmospheric Administration,

19 including maintenance, operation, and hire of aircraft;

20 grants, contracts, or other payments to nonprofit organi21 zations for the purposes of conducting activities pursuant

22 to cooperative agreements; and relocation of facilities as

23 authorized by 33 U.S.C. 883i, $2,267,705,000, to remain

24 available until expended: Provided, That fees and dona25 tions received by the National Ocean Service for the man-
53

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1 agement of the national marine sanctuaries may be re2 tained and used for the salaries and expenses associated

3 with those activities, notwithstanding 31 U.S.C. 3302:

4 Provided further, That in addition, $68,000,000 shall be

5 derived by transfer from the fund entitled ‘‘Promote and

6 Develop Fishery Products and Research Pertaining to

7 American Fisheries’’: Provided further, That in addition,

8 not to exceed $3,000,000 shall be derived by transfer from

9 the fund entitled ‘‘Coastal Zone Management’’: Provided

10 further, That of the amounts made available to the Na11 tional Marine Fisheries Service, not less than $29,000,000

12 shall be for Alaskan Steller sea lion research: Provided fur13 ther, That grants to States pursuant to sections 306 and

14 306A of the Coastal Zone Management Act of 1972, as

15 amended, shall not exceed $2,000,000: Provided further,

16 That of the amount provided under this heading, for ex17 penses necessary to carry out ‘‘NOAA Operations, Re18 search and Facilities sub-category’’ in section

19 250(c)(4)(E) of the Balanced Budget and Emergency Def20 icit Control Act of 1985, as amended, $33,650,000 to re21 main available until expended, for the purposes of discre22 tionary spending limits: Provided further, That not to ex23 ceed $54,255,000 shall be expended for Executive Direc24 tion and Administration, which consists of the Offices of

25 the Undersecretary, the Executive Secretariat, Policy and
54

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1 Strategic Planning, International Affairs, Legislative Af2 fairs, Public Affairs, Sustainable Development, the Chief

3 Scientist, and the General Counsel: Provided further, That

4 the aforementioned offices, excluding the Office of the

5 General Counsel, shall not be augmented by personnel de6 tails, temporary transfers of personnel on either a reim7 bursable or nonreimbursable basis or any other type of

8 formal or informal transfer or reimbursement of personnel

9 or funds on either a temporary or long-term basis above

10 the level of 42 personnel: Provided further, That of the

11 amount provided to the National Marine Fisheries Service,

12 a total of $6,000,000 shall be provided to the National

13 Oceanic and Atmospheric Administration Office of Gen14 eral Counsel: Provided further, That the National Marine

15 Fisheries Service shall be obligated for payment of all fish16 eries-related reimbursable work performed by the National

17 Oceanic and Atmospheric Administration Office of Gen18 eral Counsel: Provided further, That the Secretary may

19 proceed as he deems necessary to have the National Oce20 anic and Atmospheric Administration occupy and operate

21 its research facilities which are located at Lafayette, Lou22 isiana: Provided further, That the R/V FAIRWEATHER

23 shall be homeported in Ketchikan, Alaska: Provided fur24 ther, That no general administrative charge shall be ap25 plied against an assigned activity included in this Act and,
55

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1 further, that any direct administrative expenses applied

2 against an assigned activity shall be limited to 5 percent

3 of the funds provided for that assigned activity: Provided

4 further, That any use of deobligated balances of funds pro5 vided under this heading in previous years shall be subject

6 to the procedures set forth in section 605 of this Act.

7 In addition, for necessary retired pay expenses under

8 the Retired Serviceman’s Family Protection and Survivor

9 Benefits Plan, and for payments for medical care of re10 tired personnel and their dependents under the Depend11 ents Medical Care Act (10 U.S.C. ch. 55), such sums as

12 may be necessary.

13 In addition, there is hereby established the Business

14 Management Fund of the National Oceanic and Atmos15 pheric Administration, which shall be available without fis16 cal year limitation for expense and equipment necessary

17 for the maintenance and operations of such services and

18 projects as the Administrator of the National Oceanic and

19 Atmospheric Administration determines may be performed

20 more advantageously when centralized: Provided, That

21 such central services shall, to the fullest extent practicable,

22 be used to make unnecessary the maintenance of separate

23 like services in the divisions and offices of the National

24 Oceanic and Atmospheric Administration: Provided fur25 ther, That a separate schedule of expenditures and reim-
56

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1 bursements, and a statement of the current assets and li2 abilities of the Business Management Fund as of the close

3 of the completed fiscal year, shall be prepared each year

4 and submitted to Congress: Provided further, That not5 withstanding 31 U.S.C. 3302, the Business Management

6 Fund may be credited with advances and reimbursements

7 from applicable appropriations of the National Oceanic

8 and Atmospheric Administration and from funds of other

9 agencies or entities for services furnished pursuant to law:

10 Provided further, That any inventories, equipment, sys11 tems, real property and other assets over $25,000, per12 taining to the services to be provided by such funds, either

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

14 obligations, and any appropriations made hereafter for the

15 purpose of providing capital, shall be used to capitalize

16 the Business Management Fund: Provided further, That

17 the National Oceanic and Atmospheric Administration

18 Business Management Fund shall be authorized to create

19 an initial cash corpus of $5,000,000 from deobligations

20 and continued funding as may be or become available from

21 deobligations: Provided further, That the Business Man22 agement Fund shall provide for centralized services at

23 rates which return in full all expenses of operation and

24 services, including depreciation or full overhead costs of

25 fund plant and equipment, plus an amount equal to pro-
57

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1 jected inflation, amortization of automated data proc2 essing software and hardware systems, and an amount not

3 to exceed four percent necessary to maintain an operating

4 level in the fund as determined by the Administrator: Pro5 vided further, That full implementation of the Business

6 Management Fund will be phased in over a period not less

7 than three years nor more than five fiscal years.

8 There is hereby established the following organiza9 tional structure for the Business Management Fund of the

10 National Oceanic and Atmospheric Administration: Pro11 vided, That the overall responsibility for the National Oce12 anic and Atmospheric Administration Business Manage13 ment Fund lies with the Administrator of the National

14 Oceanic and Atmospheric Administration: Provided fur15 ther, That general management of the National Oceanic

16 and Atmospheric Administration’s Business Management

17 Fund may be delegated by the Administrator to the Chief

18 Financial Officer/Chief Administrative Officer of the Na19 tional Oceanic and Atmospheric Administration.

20 PROCUREMENT, ACQUISITION AND CONSTRUCTION

21 (INCLUDING TRANSFERS OF FUNDS)

22 For procurement, acquisition and construction of

23 capital assets, including alteration and modification costs,

24 of the National Oceanic and Atmospheric Administration,

25 $939,610,000, to remain available until expended: Pro26 vided, That unexpended balances of amounts previously
58

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1 made available in the ‘‘Operations, Research, and Facili2 ties’’ account for activities funded under this heading may

3 be transferred to and merged with this account, to remain

4 available until expended for the purposes for which the

5 funds were originally appropriated: Provided further, That

6 of the amount provided under this heading for expenses

7 necessary to carry out the ‘‘NOAA Procurement, Acquisi8 tion, and Construction sub-category’’ in section

9 250(c)(4)(E) of the Balanced Budget and Emergency Def10 icit Control Act of 1985, as amended, the Coastal and Es11 tuarine Land Conservation Program, $83,410,000 to re12 main available until expended, and to be for conservation

13 spending category activities pursuant to Section 251(c) of

14 the Balanced Budget and Emergency Deficit Control Act

15 of 1985, as amended, for the purposes of discretionary

16 spending limits: Provided further, That of the above

17 amounts, $60,000,000 shall be for the ‘‘Coastal and Estu18 arine Land Conservation Program’’: Provided further,

19 That none of the funds provided in this Act or any other

20 Act under the heading ‘‘National Oceanic and Atmos21 pheric Administration, Procurement, Acquisition and Con22 struction’’ shall be used to fund the General Services Ad23 ministration’s standard construction and tenant build-out

24 costs of a facility at the Suitland Federal Center.
59

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1 PACIFIC COASTAL SALMON RECOVERY

2 For necessary expenses to carry out the ‘‘NOAA Pa3 cific Coastal Salmon Recovery sub-category’’ in section

4 250(c)(4)(E) of the Balanced Budget and Emergency Def5 icit Control Act of 1985, as amended, the Endangered

6 Species Act-Pacific Salmon Recovery, the Columbia River

7 Hatcheries, the Columbia River Facilities, Pacific Salmon

8 Treaty Implementation, $133,940,000, to remain avail9 able until expended, and to be for conservation spending

10 category activities pursuant to Section 251(c) of the Bal11 anced Budget and Emergency Deficit Control Act of 1985,

12 as amended, for the purposes of discretionary spending

13 limits.

14 COASTAL ZONE MANAGEMENT FUND

15 Of amounts collected pursuant to section 308 of the

16 Coastal Zone Management Act of 1972 (16 U.S.C.

17 1456a), not to exceed $3,000,000 shall be transferred to

18 the Operations, Research, and Facilities account to offset

19 the costs of implementing such Act.

20 FISHERMEN’S CONTINGENCY FUND

21 For carrying out the provisions of title IV of Public

22 Law 95–372, not to exceed $952,000, to be derived from

23 receipts collected pursuant to that Act, to remain available

24 until expended.
60

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1 FOREIGN FISHING OBSERVER FUND

2 For expenses necessary to carry out the provisions

3 of the Atlantic Tunas Convention Act of 1975, as amend4 ed (Public Law 96–339), the Magnuson-Stevens Fishery

5 Conservation and Management Act of 1976, as amended

6 (Public Law 100–627), and the American Fisheries Pro7 motion Act (Public Law 96–561), to be derived from the

8 fees imposed under the foreign fishery observer program

9 authorized by these Acts, not to exceed $191,000, to re10 main available until expended.

11 FISHERIES FINANCE PROGRAM ACCOUNT

12 For the cost of direct loans, $287,000, as authorized

13 by the Merchant Marine Act of 1936, as amended: Pro14 vided, That such costs, including the cost of modifying

15 such loans, shall be as defined in section 502 of the Con16 gressional Budget Act of 1974: Provided further, That

17 none of the funds made available under this heading may

18 be used for direct loans for any new fishing vessel that

19 will increase the harvesting capacity in any United States

20 fishery.

21 DEPARTMENTAL MANAGEMENT

22 SALARIES AND EXPENSES

23 For expenses necessary for the departmental manage24 ment of the Department of Commerce provided for by law,

25 including not to exceed $8,000 for official entertainment,

26 $42,062,000.
61

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1 OFFICE OF INSPECTOR GENERAL

2 For necessary expenses of the Office of Inspector

3 General in carrying out the provisions of the Inspector

4 General Act of 1978, as amended (5 U.S.C. App. 1–11,

5 as amended by Public Law 100–504), $21,176,000.

6 GENERAL PROVISIONS—DEPARTMENT OF COMMERCE

7 SEC. 201. During the current fiscal year, applicable

8 appropriations and funds made available to the Depart9 ment of Commerce by this Act shall be available for the

10 activities specified in the Act of October 26, 1949 (15

11 U.S.C. 1514), to the extent and in the manner prescribed

12 by the Act, and, notwithstanding 31 U.S.C. 3324, may

13 be used for advanced payments not otherwise authorized

14 only upon the certification of officials designated by the

15 Secretary of Commerce that such payments are in the

16 public interest.

17 SEC. 202. During the current fiscal year, appropria18 tions made available to the Department of Commerce by

19 this Act for salaries and expenses shall be available for

20 hire of passenger motor vehicles as authorized by 31

21 U.S.C. 1343 and 1344; services as authorized by 5 U.S.C.

22 3109; and uniforms or allowances therefore, as authorized

23 by law (5 U.S.C. 5901–5902).

24 SEC. 203. None of the funds made available by this

25 Act may be used to support the hurricane reconnaissance
62

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1 aircraft and activities that are under the control of the

2 United States Air Force or the United States Air Force

3 Reserve.

4 SEC. 204. Not to exceed 5 percent of any appropria5 tion made available for the current fiscal year for the De6 partment of Commerce in this Act may be transferred be7 tween such appropriations, but no such appropriation shall

8 be increased by more than 10 percent by any such trans9 fers: Provided, That any transfer pursuant to this section

10 shall be treated as a reprogramming of funds under sec11 tion 605 of this Act and shall not be available for obliga12 tion or expenditure except in compliance with the proce13 dures set forth in that section.

14 SEC. 205. Any costs incurred by a department or

15 agency funded under this title resulting from personnel

16 actions taken in response to funding reductions included

17 in this title or from actions taken for the care and protec18 tion of loan collateral or grant property shall be absorbed

19 within the total budgetary resources available to such de20 partment or agency: Provided, That the authority to trans21 fer funds between appropriations accounts as may be nec22 essary to carry out this section is provided in addition to

23 authorities included elsewhere in this Act: Provided fur24 ther, That use of funds to carry out this section shall be

25 treated as a reprogramming of funds under section 605
63

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1 of this Act and shall not be available for obligation or ex2 penditure except in compliance with the procedures set

3 forth in that section.

4 SEC. 206. The Secretary of Commerce may award

5 contracts for hydrographic, geodetic, and photo6 grammetric surveying and mapping services in accordance

7 with title IX of the Federal Property and Administrative

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

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

10 Commerce franchise fund for expenses and equipment nec11 essary for the maintenance and operation of such adminis12 trative services as the Secretary determines may be per13 formed more advantageously as central services, pursuant

14 to section 403 of Public Law 103–356: Provided, That any

15 inventories, equipment, and other assets pertaining to the

16 services to be provided by such fund, either on hand or

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

18 and any appropriations made for the purpose of providing

19 capital shall be used to capitalize such fund: Provided fur20 ther, That such fund shall be paid in advance from funds

21 available to the Department and other Federal agencies

22 for which such centralized services are performed, at rates

23 which will return in full all expenses of operation, includ24 ing accrued leave, depreciation of fund plant and equip25 ment, amortization of automated data processing (ADP)
64

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1 software and systems (either acquired or donated), and

2 an amount necessary to maintain a reasonable operating

3 reserve, as determined by the Secretary: Provided further,

4 That such fund shall provide services on a competitive

5 basis: Provided further, That an amount not to exceed 4

6 percent of the total annual income to such fund may be

7 retained in the fund for fiscal year 2002 and each fiscal

8 year thereafter, to remain available until expended, to be

9 used for the acquisition of capital equipment, and for the

10 improvement and implementation of department financial

11 management, ADP, and other support systems: Provided

12 further, That such amounts retained in the fund for fiscal

13 year 2002 and each fiscal year thereafter shall be available

14 for obligation and expenditure only in accordance with sec15 tion 605 of this Act: Provided further, That no later than

16 30 days after the end of each fiscal year, amounts in ex17 cess of this reserve limitation shall be deposited as mis18 cellaneous receipts in the Treasury: Provided further, That

19 such franchise fund pilot program shall terminate pursu20 ant to section 403(f) of Public Law 103–356.

21 SEC. 208. Notwithstanding any other provision of

22 law, of the amounts made available elsewhere in this title

23 to the ‘‘National Institute of Standards and Technology,

24 Construction of Research Facilities’’, $5,000,000 is appro25 priated to fund a cooperative agreement with the Medical
65

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1 University of South Carolina, $6,000,000 is appropriated

2 to the Thayer School of Engineering for the

3 nanocrystalline materials and biomass research initiative,

4 $3,000,000 is appropriated to the Institute for Informa5 tion Infrastructure Protection at the Institute for Security

6 Technology Studies, and $4,000,000 is appropriated for

7 the Institute for Politics.

8 SEC. 209. (a) Notwithstanding any other provision

9 of law, the total amount of funds that may be transferred

10 into the ‘‘Working Capital Fund’’ in fiscal year 2002, or

11 in any fiscal year thereafter, may not exceed

12 $117,000,000.

13 (b) All transfers of funds to or from the Working

14 Capital Fund in fiscal year 2002 and any fiscal year there15 after shall be subject to section 605, without regard to

16 the amount of the reprogramming or the purpose of the

17 funds so reprogrammed.

18 (c) Of the amounts available under this section for

19 salaries of the staff of the Department of Commerce, the

20 amount obligated for that purpose before December 15,

21 2001, may not exceed $29,250,000.

22 (d)(1) Not later than December 15, 2001, the Sec23 retary of Commerce shall submit to the Committees on

24 Appropriations of the Senate and House of Representa-
66

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1 tives a report setting forth the proposed disbursements

2 from the Working Capital Fund during fiscal year 2002.

3 (2) Of the proposed disbursements in the report

4 under paragraph (1)—

5 (A) not more than $40,000,000 of the proposed

6 disbursements may be for the Commerce Adminis7 trative Management System; and

8 (B) not more than $15,000,000 of the proposed

9 disbursements for that System may be from or at10 tributable to the National Oceanic and Atmospheric

11 Administration.

12 (3) Disbursements from the Working Capital Fund

13 in fiscal year 2002 may not be made until 15 days after

14 the date on which the report is submitted under paragraph

15 (1).

16 (4) Any modification of a proposed disbursement

17 from the Working Capital Fund previously specified in the

18 report under paragraph (1) shall be treated as a re19 programming of funds to which section 605 applies, with20 out regard to the amount of the modification or the pur21 pose of the disbursement, as so modified.

22 (5)(A) If a disbursement from the Working Capital

23 Fund in fiscal year 2002 will require any bureau or orga24 nization in the Department of Commerce to incur costs

25 not previously specified in the report under paragraph (1),
67

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1 the disbursement may not be made until 15 days after

2 the date on which such bureau or organization submits

3 to the Committees on Appropriations of the Senate and

4 House of Representatives a Memorandum of Agreement

5 providing for such bureau or organization to incur such

6 costs.

7 (B) Each Memorandum of Agreement under this

8 paragraph shall specify the provision of statute providing

9 authority for the disbursement concerned.

10 (e) Amounts in the ‘‘Advances and Reimbursements’’

11 account may not be used to assess or collect costs or

12 charges against or from any bureau or organization of the

13 Department of Commerce unless the costs or charges are

14 incurred for a project has been approved as a request for

15 reprogramming under section 605.

16 This title may be cited as the ‘‘Department of Com17 merce and Related Agencies Appropriations Act, 2002’’.

18 TITLE III—THE JUDICIARY

19 SUPREME COURT OF THE UNITED STATES

20 SALARIES AND EXPENSES

21 For expenses necessary for the operation of the Su22 preme Court, as required by law, excluding care of the

23 building and grounds, including purchase or hire, driving,

24 maintenance, and operation of an automobile for the Chief

25 Justice, not to exceed $10,000 for the purpose of trans-
68

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1 porting Associate Justices, and hire of passenger motor

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

3 to exceed $10,000 for official reception and representation

4 expenses; and for miscellaneous expenses, to be expended

5 as the Chief Justice may approve, $39,988,000.

6 CARE OF THE BUILDING AND GROUNDS

7 For such expenditures as may be necessary to enable

8 the Architect of the Capitol to carry out the duties im9 posed upon the Architect by the Act approved May 7,

10 1934 (40 U.S.C. 13a–13b), $7,530,000, of which

11 $4,460,000 shall remain available until expended.

12 UNITED STATES COURT OF APPEALS FOR THE FEDERAL

13 CIRCUIT

14 SALARIES AND EXPENSES

15 For salaries of the chief judge, judges, and other offi16 cers and employees, and for necessary expenses of the

17 court, as authorized by law, $19,372,000.

18 UNITED STATES COURT OF INTERNATIONAL TRADE

19 SALARIES AND EXPENSES

20 For salaries of the chief judge and eight judges, sala21 ries of the officers and employees of the court, services

22 as authorized by 5 U.S.C. 3109, and necessary expenses

23 of the court, as authorized by law, $13,054,000.
69

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1 COURTS OF APPEALS, DISTRICT COURTS, AND OTHER

2 JUDICIAL SERVICES

3 SALARIES AND EXPENSES

4 For the salaries of circuit and district judges (includ5 ing judges of the territorial courts of the United States),

6 justices and judges retired from office or from regular ac7 tive service, judges of the United States Court of Federal

8 Claims, bankruptcy judges, magistrate judges, and all

9 other officers and employees of the Federal Judiciary not

10 otherwise specifically provided for, and necessary expenses

11 of the courts, as authorized by law, $3,559,012,000 (in12 cluding the purchase of firearms and ammunition); of

13 which not to exceed $27,817,000 shall remain available

14 until expended for space alteration projects and for fur15 niture and furnishings related to new space alteration and

16 construction projects: Provided, That, of the amount made

17 available under this heading, $33,000, shall be transferred

18 to, and merged with, funds in the ‘‘Salaries and Expenses,

19 United States Marshals Service’’ appropriations account

20 in title I of the Act, to be available only for court oper21 ations in Lander, Wyoming.

22 In addition, for expenses of the United States Court

23 of Federal Claims associated with processing cases under

24 the National Childhood Vaccine Injury Act of 1986, not
70

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1 to exceed $2,692,000, to be appropriated from the Vaccine

2 Injury Compensation Trust Fund.

3 DEFENDER SERVICES

4 For the operation of Federal Public Defender and

5 Community Defender organizations; the compensation and

6 reimbursement of expenses of attorneys appointed to rep7 resent persons under the Criminal Justice Act of 1964,

8 as amended; the compensation and reimbursement of ex9 penses of persons furnishing investigative, expert and

10 other services under the Criminal Justice Act of 1964 (18

11 U.S.C. 3006A(e)); the compensation (in accordance with

12 Criminal Justice Act maximums) and reimbursement of

13 expenses of attorneys appointed to assist the court in

14 criminal cases where the defendant has waived representa15 tion by counsel; the compensation and reimbursement of

16 travel expenses of guardians ad litem acting on behalf of

17 financially eligible minor or incompetent offenders in con18 nection with transfers from the United States to foreign

19 countries with which the United States has a treaty for

20 the execution of penal sentences; and the compensation of

21 attorneys appointed to represent jurors in civil actions for

22 the protection of their employment, as authorized by 28

23 U.S.C. 1875(d), $463,756,000, of which $257,710,000 is

24 for federal defender organizations, to remain available

25 until expended.
71

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1 FEES OF JURORS AND COMMISSIONERS

2 For fees and expenses of jurors as authorized by 28

3 U.S.C. 1871 and 1876; compensation of jury commis4 sioners as authorized by 28 U.S.C. 1863; and compensa5 tion of commissioners appointed in condemnation cases

6 pursuant to rule 71A(h) of the Federal Rules of Civil Pro7 cedure (28 U.S.C. Appendix Rule 71A(h)), $50,131,000,

8 to remain available until expended: Provided, That the

9 compensation of land commissioners shall not exceed the

10 daily equivalent of the highest rate payable under section

11 5332 of title 5, United States Code.

12 COURT SECURITY

13 For necessary expenses, not otherwise provided for,

14 incident to the procurement, installation, and maintenance

15 of security equipment and protective services for the

16 United States Courts in courtrooms and adjacent areas,

17 including building ingress-egress control, inspection of

18 mail and packages, directed security patrols, and other

19 similar activities as authorized by section 1010 of the Ju20 dicial Improvement and Access to Justice Act (Public Law

21 100–702), $209,762,000, of which not to exceed

22 $10,000,000 shall remain available until expended for se23 curity systems and contract costs for court security offi24 cers, to be expended directly or transferred to the United

25 States Marshals Service, which shall be responsible for ad-
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1 ministering the Judicial Facility Security Program con2 sistent with standards or guidelines agreed to by the Di3 rector of the Administrative Office of the United States

4 Courts and the Attorney General: Provided, That, of the

5 amount made available under this heading, $3,580,000,

6 to remain available until expended, shall be transferred to,

7 and merged with, funds in the ‘‘Narrowband Communica8 tions’’ appropriations account in title I of this Act, to be

9 administered by the Department of Justice Wireless Man10 agement Office and to be available only for the conversion

11 to narrowband communications and for the operations and

12 maintenance of legacy radio systems.

13 ADMINISTRATIVE OFFICE OF THE UNITED STATES

14 COURTS

15 SALARIES AND EXPENSES

16 For necessary expenses of the Administrative Office

17 of the United States Courts as authorized by law, includ18 ing travel as authorized by 31 U.S.C. 1345, hire of a pas19 senger motor vehicle as authorized by 31 U.S.C. 1343(b),

20 advertising and rent in the District of Columbia and else21 where, $58,212,000, of which $3,000,000 shall only be

22 available, by grant, for caption training, and of which not

23 to exceed $8,500 is authorized for official reception and

24 representation expenses.
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1 FEDERAL JUDICIAL CENTER

2 SALARIES AND EXPENSES

3 For necessary expenses of the Federal Judicial Cen4 ter, as authorized by Public Law 90–219, $19,742,000;

5 of which $1,800,000 shall remain available through Sep6 tember 30, 2003, to provide education and training to

7 Federal court personnel; and of which not to exceed

8 $1,000 is authorized for official reception and representa9 tion expenses.

10 JUDICIAL RETIREMENT FUNDS

11 PAYMENT TO JUDICIARY TRUST FUNDS

12 For payment to the Judicial Officers’ Retirement

13 Fund, as authorized by 28 U.S.C. 377(o), $26,700,000;

14 to the Judicial Survivors’ Annuities Fund, as authorized

15 by 28 U.S.C. 376(c), $8,400,000; and to the United

16 States Court of Federal Claims Judges’ Retirement Fund,

17 as authorized by 28 U.S.C. 178(l), $1,900,000.

18 UNITED STATES SENTENCING COMMISSION

19 SALARIES AND EXPENSES

20 For the salaries and expenses necessary to carry out

21 the provisions of chapter 58 of title 28, United States

22 Code, $11,327,000, of which not to exceed $1,000 is au23 thorized for official reception and representation expenses.
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1 GENERAL PROVISIONS—THE JUDICIARY

2 SEC. 301. Appropriations and authorizations made in

3 this title which are available for salaries and expenses shall

4 be available for services as authorized by 5 U.S.C. 3109.

5 SEC. 302. Not to exceed 5 percent of any appropria6 tion made available for the current fiscal year for the Judi7 ciary in this Act may be transferred between such appro8 priations, but no such appropriation, except ‘‘Courts of

9 Appeals, District Courts, and Other Judicial Services, De10 fender Services’’ and ‘‘Courts of Appeals, District Courts,

11 and Other Judicial Services, Fees of Jurors and Commis12 sioners’’, shall be increased by more than 10 percent by

13 any such transfers: Provided, That any transfer pursuant

14 to this section shall be treated as a reprogramming of

15 funds under section 605 of this Act and shall not be avail16 able for obligation or expenditure except in compliance

17 with the procedures set forth in that section.

18 SEC. 303. Notwithstanding any other provision of

19 law, the salaries and expenses appropriation for district

20 courts, courts of appeals, and other judicial services shall

21 be available for official reception and representation ex22 penses of the Judicial Conference of the United States:

23 Provided, That such available funds shall not exceed

24 $11,000 and shall be administered by the Director of the
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1 Administrative Office of the United States Courts in the

2 capacity as Secretary of the Judicial Conference.

3 SEC. 304. Section 140 of Public Law 97–92 (28

4 U.S.C. 461 note; 95 Stat. 1200) shall apply to fiscal year

5 2002 and each fiscal year thereafter.

6 SEC. 305. Of the unexpended balances transferred to

7 the Commission on Structural Alternatives in Federal Ap8 pellate Courts, $400,000 shall be transferred to, and

9 merged with, funds in the ‘‘Federal Judicial Center, Sala10 ries and Expenses’’ appropriations account to be available

11 only for distance learning.

12 This title may be cited as this ‘‘Judiciary Appropria13 tions Act, 2002’’.

14 TITLE IV—DEPARTMENT OF STATE AND

15 RELATED AGENCY

16 DEPARTMENT OF STATE

17 ADMINISTRATION OF FOREIGN AFFAIRS

18 DIPLOMATIC AND CONSULAR PROGRAMS

19 For necessary expenses of the Department of State

20 and the Foreign Service not otherwise provided for, includ21 ing employment, without regard to civil service and classi22 fication laws, of persons on a temporary basis (not to ex23 ceed $700,000 of this appropriation), as authorized; rep24 resentation to certain international organizations in which

25 the United States participates pursuant to treaties, rati-
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1 fied pursuant to the advice and consent of the Senate, or

2 specific Acts of Congress; arms control, nonproliferation

3 and disarmament activities as authorized; acquisition by

4 exchange or purchase of passenger motor vehicles as au5 thorized by law; and for expenses of general administra6 tion, $3,088,990,000: Provided, That, of the amount made

7 available under this heading, not to exceed $4,000,000

8 may be transferred to, and merged with, funds in the

9 ‘‘Emergencies in the Diplomatic and Consular Service’’

10 appropriations account, to be available only for emergency

11 evacuations and terrorism rewards: Provided further, That

12 of the amount made available under this heading,

13 $7,800,000 shall be available only to provide language, se14 curity, leadership and management, and professional

15 training: Provided further, That of the amount made avail16 able under this heading, $6,000,000 to remain available

17 until expended, shall be transferred to, and merged with,

18 funds in the ‘‘Narrowband Communications’’ appropria19 tions account in title I of this Act, to be administered by

20 the Department of Justice Wireless Management Office

21 and to be available only for the conversion to narrowband

22 communications and for the operations and maintenance

23 of legacy radio systems: Provided further, That of the

24 amount made available under this heading, $694,190,000

25 shall be available only for information resource manage-
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1 ment: Provided further, That of the amount made available

2 under this heading, $9,000,000 shall be available only for

3 the East-West Center: Provided further, That, notwith4 standing any other provision of law, not to exceed

5 $335,000,000 of offsetting collections derived from fees

6 collected under the authority of section 104(a)(1) of the

7 Foreign Relations Authorization Act, Fiscal Years 1994

8 and 1995 (Public Law 103–236) during fiscal year 2002

9 shall be retained and used for authorized expenses in this

10 appropriation and shall remain available until expended:

11 Provided further, That any fees received in excess of

12 $335,000,000 in fiscal year 2002 shall not be available

13 for obligation and shall be returned to the General Fund:

14 Provided further, That notwithstanding any other provi15 sion of law, a citizen of the United States approved by

16 the Department of State to serve as Deputy Director Gen17 eral of the World Intellectual Property Organization shall,

18 while serving in such position, be deemed an employee in

19 a foreign area within the meaning of 5 U.S.C. Section

20 5923, and qualify for a living quarters allowance as au21 thorized by 5 U.S.C. 5923(2): Provided further, That a

22 citizen of the United States approved by the Department

23 of State to serve as Deputy Director General of the World

24 Intellectual Property Organization shall, while serving in

25 such position, be deemed as an employee approved for
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1 transfer to an international organization within the mean2 ing of 5 U.S.C. Section 352, and eligible to continue par3 ticipating in the retirement, health benefit, group life in4 surance, and other benefit programs as provided in that

5 section: Provided further, That advances for services au6 thorized by 22 U.S.C. 3620(c) may be credited to this ac7 count, to remain available until expended for such services:

8 Provided further, That no funds may be obligated or ex9 pended for processing licenses for the export of satellites

10 of United States origin (including commercial satellites

11 and satellite components) to the People’s Republic of

12 China, unless, at least 15 days in advance, the Committees

13 on Appropriations of the House of Representatives and the

14 Senate are notified of such proposed action: Provided fur15 ther, That of the amounts made available under this head16 ing, $5,000,000 shall be available only for the reimburse17 ment costs incurred by the State of Hawaii for security

18 expenses relating to the May 2001 Asian Development

19 Bank Meeting: Provided further, That of the amount made

20 available under this heading, $45,419,000 shall only be

21 available to implement the 1999 Pacific Salmon Treaty

22 Agreement, of which $20,000,000 shall be deposited in the

23 Northern Boundary and Transboundary Rivers Restora24 tion and Enhancement Fund, of which $20,000,000 shall

25 be deposited in the Southern Boundary Restoration and
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1 Enhancement Fund, and of which $5,419,000 shall be for

2 a direct payment to the State of Washington for obliga3 tions under the 1999 Pacific Salmon Treaty Agreement.

4 In addition, not to exceed $1,252,000 shall be derived

5 from fees collected from other executive agencies for lease

6 or use of facilities located at the International Center in

7 accordance with section 4 of the International Center Act,

8 as amended; in addition, as authorized by section 5 of such

9 Act, $490,000, to be derived from the reserve authorized

10 by that section, to be used for the purposes set out in

11 that section; in addition, as authorized by section 810 of

12 the United States Information and Educational Exchange

13 Act, not to exceed $6,000,000, to remain available until

14 expended, may be credited to this appropriation from fees

15 or other payments received from English teaching, library,

16 motion pictures, and publication programs, and from fees

17 from educational advising and counseling, and exchange

18 visitor programs; and, in addition, not to exceed $15,000,

19 which shall be derived from reimbursements, surcharges,

20 and fees for use of Blair House facilities.

21 In addition, for the costs of worldwide security up22 grades, $409,363,000, to remain available until expended.

23 CAPITAL INVESTMENT FUND

24 For necessary expenses of the Capital Investment

25 Fund, $210,000,000, to remain available until expended,

26 as authorized: Provided, That section 135(e) of Public
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1 Law 103–236 shall not apply to funds available under this

2 heading.

3 OFFICE OF INSPECTOR GENERAL

4 For necessary expenses of the Office of Inspector

5 General, $28,427,000, notwithstanding section 209(a)(1)

6 of the Foreign Service Act of 1980, as amended (Public

7 Law 96–465), as it relates to post inspections.

8 EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS

9 For expenses of educational and cultural exchange

10 programs, as authorized, $242,000,000, to remain avail11 able until expended: Provided, That not to exceed

12 $800,000, to remain available until expended, may be

13 credited to this appropriation from fees or other payments

14 received from or in connection with English teaching and

15 educational advising and counseling programs as author16 ized.

17 REPRESENTATION ALLOWANCES

18 For representation allowances as authorized,

19 $9,000,000.

20 PROTECTION OF FOREIGN MISSIONS AND OFFICIALS

21 For expenses, not otherwise provided, to enable the

22 Secretary of State to provide for extraordinary protective

23 services, as authorized, $10,000,000, to remain available

24 until September 30, 2003.
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1 EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE

2 For necessary expenses for carrying out the Foreign

3 Service Buildings Act of 1926, as amended (22 U.S.C.

4 292–300), preserving, maintaining, repairing, and plan5 ning for, buildings that are owned or directly leased by

6 the Department of State, renovating, in addition to funds

7 otherwise available, the Main State Building, and carrying

8 out the Diplomatic Security Construction Program as au9 thorized, $405,391,000, to remain available until ex10 pended as authorized, of which not to exceed $25,000 may

11 be used for domestic and overseas representation as au12 thorized: Provided, That none of the funds appropriated

13 in this paragraph shall be available for acquisition of fur14 niture and furnishings and generators for other depart15 ments and agencies.

16 In addition, for the costs of worldwide security up17 grades, acquisition, and construction, $661,560,000, to re18 main available until expended.

19 EMERGENCIES IN THE DIPLOMATIC AND CONSULAR

20 SERVICE

21 For expenses necessary to enable the Secretary of

22 State to meet unforeseen emergencies arising in the Diplo23 matic and Consular Service, $5,465,000, to remain avail24 able until expended as authorized, of which not to exceed

25 $1,000,000 may be transferred to and merged with the
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1 Repatriation Loans Program Account, subject to the same

2 terms and conditions.

3 REPATRIATION LOANS PROGRAM ACCOUNT

4 For the cost of direct loans, $612,000, as authorized:

5 Provided, That such costs, including the cost of modifying

6 such loans, shall be as defined in section 502 of the Con7 gressional Budget Act of 1974. In addition, for adminis8 trative expenses necessary to carry out the direct loan pro9 gram, $607,000, which may be transferred to and merged

10 with the Diplomatic and Consular Programs account

11 under Administration of Foreign Affairs.

12 PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN

13 For necessary expenses to carry out the Taiwan Rela14 tions Act, Public Law 96–8, $17,044,000.

15 PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND

16 DISABILITY FUND

17 For payment to the Foreign Service Retirement and

18 Disability Fund, as authorized by law, $135,629,000.

19 INTERNATIONAL ORGANIZATIONS AND CONFERENCES

20 CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

21 For expenses, not otherwise provided for, necessary

22 to meet annual obligations of membership in international

23 multilateral organizations, pursuant to treaties ratified

24 pursuant to the advice and consent of the Senate, conven25 tions or specific Acts of Congress, $1,091,348,000: Pro26 vided, That any payment of arrearages under this title
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1 shall be directed toward special activities that are mutually

2 agreed upon by the United States and the respective inter3 national organization: Provided further, That none of the

4 funds appropriated in this paragraph shall be available for

5 a United States contribution to an international organiza6 tion for the United States share of interest costs made

7 known to the United States Government by such organiza8 tion for loans incurred on or after October 1, 1984,

9 through external borrowings: Provided further, That funds

10 appropriated under this paragraph may be obligated and

11 expended to pay the full United States assessment to the

12 civil budget of the North Atlantic Treaty Organization.

13 CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING

14 ACTIVITIES

15 For necessary expenses to pay assessed and other ex16 penses of international peacekeeping activities directed to

17 the maintenance or restoration of international peace and

18 security, $773,182,000, of which 15 percent shall remain

19 available until September 30, 2003: Provided, That none

20 of the funds made available under this Act shall be obli21 gated or expended for any new or expanded United Na22 tions peacekeeping mission unless, at least 15 days in ad23 vance of voting for the new or expanded mission in the

24 United Nations Security Council (or in an emergency, as

25 far in advance as is practicable): (1) the Committees on

26 Appropriations of the House of Representatives and the
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1 Senate and other appropriate committees of the Congress

2 are notified of the estimated cost and length of the mis3 sion, the vital national interest that will be served, and

4 the planned exit strategy; and (2) a reprogramming of

5 funds pursuant to section 605 of this Act is submitted,

6 and the procedures therein followed, setting forth the

7 source of funds that will be used to pay for the cost of

8 the new or expanded mission.

9 INTERNATIONAL COMMISSIONS

10 For necessary expenses, not otherwise provided for,

11 to meet obligations of the United States arising under

12 treaties, or specific Acts of Congress, as follows:

13 INTERNATIONAL BOUNDARY AND WATER COMMISSION,

14 UNITED STATES AND MEXICO

15 For necessary expenses for the United States Section

16 of the International Boundary and Water Commission,

17 United States and Mexico, and to comply with laws appli18 cable to the United States Section, including not to exceed

19 $6,000 for representation; as follows:

20 SALARIES AND EXPENSES

21 For salaries and expenses, not otherwise provided for,

22 $7,452,000.

23 CONSTRUCTION

24 For detailed plan preparation and construction of au25 thorized projects, $24,154,000, to remain available until

26 expended, as authorized.
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1 AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS

2 For necessary expenses, not otherwise provided for

3 the International Joint Commission and the International

4 Boundary Commission, United States and Canada, as au5 thorized by treaties between the United States and Can6 ada or Great Britain, and for the Border Environment

7 Cooperation Commission as authorized by Public Law

8 103–182, $6,879,000, of which not to exceed $9,000 shall

9 be available for representation expenses incurred by the

10 International Joint Commission.

11 INTERNATIONAL FISHERIES COMMISSIONS

12 For necessary expenses for international fisheries

13 commissions, not otherwise provided for, as authorized by

14 law, $20,780,000: Provided, That the United States’ share

15 of such expenses may be advanced to the respective com16 missions, pursuant to 31 U.S.C. 3324.

17 OTHER

18 PAYMENT TO THE ASIA FOUNDATION

19 For a grant to the Asia Foundation, as authorized

20 by section 501 of Public Law 101–246, $8,000,000, to

21 remain available until expended, as authorized.

22 EISENHOWER EXCHANGE FELLOWSHIP PROGRAM TRUST

23 FUND

24 For necessary expenses of Eisenhower Exchange Fel25 lowships, Incorporated, as authorized by sections 4 and

26 5 of the Eisenhower Exchange Fellowship Act of 1990 (20
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1 U.S.C. 5204–5205), all interest and earnings accruing to

2 the Eisenhower Exchange Fellowship Program Trust

3 Fund on or before September 30, 2002, to remain avail4 able until expended: Provided, That none of the funds ap5 propriated herein shall be used to pay any salary or other

6 compensation, or to enter into any contract providing for

7 the payment thereof, in excess of the rate authorized by

8 5 U.S.C. 5376; or for purposes which are not in accord9 ance with OMB Circulars A–110 (Uniform Administrative

10 Requirements) and A–122 (Cost Principles for Non-profit

11 Organizations), including the restrictions on compensation

12 for personal services.

13 ISRAELI ARAB SCHOLARSHIP PROGRAM

14 For necessary expenses of the Israeli Arab Scholar15 ship Program as authorized by section 214 of the Foreign

16 Relations Authorization Act, Fiscal Years 1992 and 1993

17 (22 U.S.C. 2452), all interest and earnings accruing to

18 the Israeli Arab Scholarship Fund on or before September

19 30, 2002, to remain available until expended.

20 EAST-WEST CENTER

21 To enable the Secretary of State to provide for car22 rying out the provisions of the Center for Cultural and

23 Technical Interchange Between East and West Act of

24 1960, by grant to the Center for Cultural and Technical

25 Interchange Between East and West in the State of Ha26 waii, $14,000,000: Provided, That none of the funds ap-
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1 propriated herein shall be used to pay any salary, or enter

2 into any contract providing for the payment thereof, in

3 excess of the rate authorized by 5 U.S.C. 5376.

4 NATIONAL ENDOWMENT FOR DEMOCRACY

5 For grants made by the Department of State to the

6 National Endowment for Democracy as authorized by the

7 National Endowment for Democracy Act, $31,000,000, to

8 remain available until expended.

9 RELATED AGENCY

10 BROADCASTING BOARD OF GOVERNORS

11 INTERNATIONAL BROADCASTING OPERATIONS

12 For expenses necessary to enable the Broadcasting

13 Board of Governors, as authorized, to carry out inter14 national communication activities, $414,752,000, of which

15 not to exceed $16,000 may be used for official receptions

16 within the United States as authorized, not to exceed

17 $35,000 may be used for representation abroad as author18 ized, and not to exceed $39,000 may be used for official

19 reception and representation expenses of Radio Free Eu20 rope/Radio Liberty; and in addition, notwithstanding any

21 other provision of law, not to exceed $2,000,000 in re22 ceipts from advertising and revenue from business ven23 tures, not to exceed $500,000 in receipts from cooperating

24 international organizations, and not to exceed $1,000,000

25 in receipts from privatization efforts of the Voice of Amer26 ica and the International Broadcasting Bureau, to remain
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1 available until expended for carrying out authorized pur2 poses.

3 BROADCASTING TO CUBA

4 For necessary expenses to enable the Broadcasting

5 Board of Governors to carry out broadcasting to Cuba,

6 including the purchase, rent, construction, and improve7 ment of facilities for radio and television transmission and

8 reception, and purchase and installation of necessary

9 equipment for radio and television transmission and recep10 tion, $24,872,000, to remain available until expended.

11 BROADCASTING CAPITAL IMPROVEMENTS

12 For the purchase, rent, construction, and improve13 ment of facilities for radio transmission and reception, and

14 purchase and installation of necessary equipment for radio

15 and television transmission and reception as authorized,

16 $16,900,000, to remain available until expended, as au17 thorized.

18 GENERAL PROVISIONS—DEPARTMENT OF STATE AND

19 RELATED AGENCY

20 SEC. 401. Funds appropriated under this title shall

21 be available, except as otherwise provided, for allowances

22 and differentials as authorized by subchapter 59 of title

23 5, United States Code; for services as authorized by 5

24 U.S.C. 3109; and hire of passenger transportation pursu25 ant to 31 U.S.C. 1343(b).
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1 SEC. 402. Not to exceed 5 percent of any appropria2 tion made available for the current fiscal year for the De3 partment of State in this Act may be transferred between

4 such appropriations, but no such appropriation, except as

5 otherwise specifically provided, shall be increased by more

6 than 10 percent by any such transfers: Provided, That not

7 to exceed 5 percent of any appropriation made available

8 for the current fiscal year for the Broadcasting Board of

9 Governors in this Act may be transferred between such

10 appropriations, but no such appropriation, except as oth11 erwise specifically provided, shall be increased by more

12 than 10 percent by any such transfers: Provided further,

13 That any transfer pursuant to this section shall be treated

14 as a reprogramming of funds under section 605 of this

15 Act and shall not be available for obligation or expenditure

16 except in compliance with the procedures set forth in that

17 section.

18 SEC. 403. None of the funds made available in this

19 Act may be used by the Department of State or the Broad20 casting Board of Governors to provide equipment, tech21 nical support, consulting services, or any other form of

22 assistance to the Palestinian Broadcasting Corporation.

23 SEC. 404. There is hereby enacted into law S. 787

24 of the 107th Congress (as introduced on April 26, 2001).
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1 SEC. 405. Hereafter, none of the funds appropriated

2 or otherwise made available for the United Nations may

3 be used by the United Nations for the promulgation or

4 enforcement of any treaty, resolution, or regulation au5 thorizing the United Nations, or any of its specialized

6 agencies or affiliated organizations, to tax any aspect of

7 the Internet or international currency transactions.

8 SEC. 406. None of the funds appropriated or other9 wise made available by this Act or any other Act for fiscal

10 year 2002 or any fiscal year thereafter may be obligated

11 or expended for the operation of a United States consulate

12 or diplomatic facility in Jerusalem unless such consulate

13 or diplomatic facility is under the supervision of the

14 United States Ambassador to Israel.

15 SEC. 407. None of the funds appropriated or other16 wise made available by this Act or any other Act for fiscal

17 year 2002 or any fiscal year thereafter may be obligated

18 or expended for the publication of any official Government

19 document which lists countries and their capital cities un20 less the publication identifies Jerusalem as the capital of

21 Israel.

22 SEC. 408. For the purposes of registration of birth,

23 certification of nationality, or issuance of a passport of

24 a United States citizen born in the city of Jerusalem, the
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1 Secretary of State shall, upon request of the citizen,

2 record the place of birth as Israel.

3 This title may be cited as the ‘‘Department of State

4 and Related Agency Appropriations Act, 2002’’.

5 TITLE V—RELATED AGENCIES

6 DEPARTMENT OF TRANSPORTATION

7 MARITIME ADMINISTRATION

8 MARITIME SECURITY PROGRAM

9 For necessary expenses to maintain and preserve a

10 U.S.-flag merchant fleet to serve the national security

11 needs of the United States, $98,700,000, to remain avail12 able until expended.

13 OPERATIONS AND TRAINING

14 For necessary expenses of operations and training ac15 tivities authorized by law, $89,054,000.

16 MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM

17 ACCOUNT

18 For the cost of guaranteed loans, as authorized by

19 the Merchant Marine Act, 1936, $100,000,000, to remain

20 available until expended: Provided, That such costs, in21 cluding the cost of modifying such loans, shall be as de22 fined in section 502 of the Congressional Budget Act of

23 1974, as amended.

24 In addition, for administrative expenses to carry out

25 the guaranteed loan program, not to exceed $3,978,000,
92

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1 which shall be transferred to and merged with the appro2 priation for Operations and Training.

3 ADMINISTRATIVE PROVISIONS—MARITIME

4 ADMINISTRATION

5 Notwithstanding any other provision of this Act, the

6 Maritime Administration is authorized to furnish utilities

7 and services and make necessary repairs in connection

8 with any lease, contract, or occupancy involving Govern9 ment property under control of the Maritime Administra10 tion, and payments received therefore shall be credited to

11 the appropriation charged with the cost thereof: Provided,

12 That rental payments under any such lease, contract, or

13 occupancy for items other than such utilities, services, or

14 repairs shall be covered into the Treasury as miscellaneous

15 receipts.

16 No obligations shall be incurred during the current

17 fiscal year from the construction fund established by the

18 Merchant Marine Act, 1936, or otherwise, in excess of the

19 appropriations and limitations contained in this Act or in

20 any prior appropriation Act.

21 COMMISSION FOR THE PRESERVATION OF AMERICA’S

22 HERITAGE ABROAD

23 SALARIES AND EXPENSES

24 For expenses for the Commission for the Preservation

25 of America’s Heritage Abroad, $489,000, as authorized by

26 section 1303 of Public Law 99–83.
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1 COMMISSION ON CIVIL RIGHTS

2 SALARIES AND EXPENSES

3 For necessary expenses of the Commission on Civil

4 Rights, including hire of passenger motor vehicles,

5 $9,096,000: Provided, That not to exceed $50,000 may

6 be used to employ consultants: Provided further, That

7 none of the funds appropriated in this paragraph shall be

8 used to employ in excess of four full-time individuals under

9 Schedule C of the Excepted Service exclusive of one special

10 assistant for each Commissioner: Provided further, That

11 none of the funds appropriated in this paragraph shall be

12 used to reimburse Commissioners for more than 75

13 billable days, with the exception of the chairperson, who

14 is permitted 125 billable days.

15 COMMISSION ON OCEAN POLICY

16 SALARIES AND EXPENSES

17 For the necessary expenses of the Commission on

18 Ocean Policy, pursuant to Public Law 106–256,

19 $2,500,000, to remain available until expended: Provided,

20 That the Commission shall present to the Congress within

21 18 months of appointment its recommendations for a na22 tional ocean policy.
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1 COMMISSION ON SECURITY AND COOPERATION IN

2 EUROPE

3 SALARIES AND EXPENSES

4 For necessary expenses of the Commission on Secu5 rity and Cooperation in Europe, as authorized by Public

6 Law 94–304, $1,432,000, to remain available until ex7 pended as authorized by section 3 of Public Law 99–7.

8 CONGRESSIONAL-EXECUTIVE COMMISSION ON THE

9 PEOPLE’S REPUBLIC OF CHINA

10 SALARIES AND EXPENSES

11 For necessary expenses of the Congressional-Execu12 tive Commission on the People’s Republic of China, as au13 thorized, $500,000, to remain available until expended.

14 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

15 SALARIES AND EXPENSES

16 For necessary expenses of the Equal Employment

17 Opportunity Commission as authorized by title VII of the

18 Civil Rights Act of 1964, as amended (29 U.S.C. 206(d)

19 and 621–634), the Americans with Disabilities Act of

20 1990, and the Civil Rights Act of 1991, including services

21 as authorized by 5 U.S.C. 3109; hire of passenger motor

22 vehicles as authorized by 31 U.S.C. 1343(b); non-mone23 tary awards to private citizens; and not to exceed

24 $33,000,000 for payments to State and local enforcement

25 agencies for services to the Commission pursuant to title
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1 VII of the Civil Rights Act of 1964, as amended, sections

2 6 and 14 of the Age Discrimination in Employment Act,

3 the Americans with Disabilities Act of 1990, and the Civil

4 Rights Act of 1991, $310,406,000: Provided, That the

5 Commission is authorized to make available for official re6 ception and representation expenses not to exceed $2,500

7 from available funds.

8 FEDERAL COMMUNICATIONS COMMISSION

9 SALARIES AND EXPENSES

10 For necessary expenses of the Federal Communica11 tions Commission, as authorized by law, including uni12 forms and allowances therefor, as authorized by 5 U.S.C.

13 5901–5902; not to exceed $600,000 for land and struc14 ture; not to exceed $500,000 for improvement and care

15 of grounds and repair to buildings; not to exceed $4,000

16 for official reception and representation expenses; pur17 chase (not to exceed 16) and hire of motor vehicles; special

18 counsel fees; and services as authorized by 5 U.S.C. 3109,

19 $252,545,000, of which not to exceed $300,000 shall re20 main available until September 30, 2003, for research and

21 policy studies: Provided, That $218,757,000 of offsetting

22 collections shall be assessed and collected pursuant to sec23 tion 9 of title I of the Communications Act of 1934, as

24 amended, and shall be retained and used for necessary ex25 penses in this appropriation, and shall remain available
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1 until expended: Provided further, That the sum herein ap2 propriated shall be reduced as such offsetting collections

3 are received during fiscal year 2002 so as to result in a

4 final fiscal year 2002 appropriation estimated at

5 $29,788,000: Provided further, That any offsetting collec6 tions received in excess of $218,757,000 in fiscal year

7 2002 shall remain available until expended, but shall not

8 be available for obligation until October 1, 2002.

9 FEDERAL MARITIME COMMISSION

10 SALARIES AND EXPENSES

11 For necessary expenses of the Federal Maritime

12 Commission as authorized by section 201(d) of the Mer13 chant Marine Act, 1936, as amended (46 U.S.C. App.

14 1111), including services as authorized by 5 U.S.C. 3109;

15 hire of passenger motor vehicles as authorized by 31

16 U.S.C. 1343(b); and uniforms or allowances therefor, as

17 authorized by 5 U.S.C. 5901–5902, $17,450,000: Pro18 vided, That not to exceed $2,000 shall be available for offi19 cial reception and representation expenses.

20 FEDERAL TRADE COMMISSION

21 SALARIES AND EXPENSES

22 For necessary expenses of the Federal Trade Com23 mission, including uniforms or allowances therefor, as au24 thorized by 5 U.S.C. 5901–5902; services as authorized

25 by 5 U.S.C. 3109; hire of passenger motor vehicles; not
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1 to exceed $2,000 for official reception and representation

2 expenses, $156,270,000: Provided, That not to exceed

3 $300,000 shall be available for use to contract with a per4 son or persons for collection services in accordance with

5 the terms of 31 U.S.C. 3718, as amended: Provided fur6 ther, That, notwithstanding any other provision of law, not

7 to exceed $156,270,000 of offsetting collections derived

8 from fees collected for premerger notification filings under

9 the Hart-Scott-Rodino Antitrust Improvements Act of

10 1976 (15 U.S.C. 18a), regardless of the year of collection,

11 shall be retained and used for necessary expenses in this

12 appropriation, and shall remain available until expended:

13 Provided further, That the sum herein appropriated from

14 the general fund shall be reduced as such offsetting collec15 tions are received during fiscal year 2002, so as to result

16 in a final fiscal year 2002 appropriation from the general

17 fund estimated at not more than $0, to remain available

18 until expended: Provided further, That none of the funds

19 made available to the Federal Trade Commission shall be

20 available for obligation for expenses authorized by section

21 151 of the Federal Deposit Insurance Corporation Im22 provement Act of 1991 (Public Law 102–242; 105 Stat.

23 2282–2285).
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1 LEGAL SERVICES CORPORATION

2 PAYMENT TO THE LEGAL SERVICES CORPORATION

3 For payment to the Legal Services Corporation to

4 carry out the purposes of the Legal Services Corporation

5 Act of 1974, as amended, $329,300,000, of which

6 $310,000,000 is for basic field programs and required

7 independent audits; $2,500,000 is for the Office of Inspec8 tor General, of which such amounts as may be necessary

9 may be used to conduct additional audits of recipients;

10 $12,400,000 is for management and administration and

11 $4,400,000 is for client self-help and information tech12 nology: Provided, That none of such funds for manage13 ment and administration shall be obligated or expended

14 for any program that is in addition to, or expanded from,

15 the programs funded under this heading for fiscal year

16 2001, unless the Legal Services Corporation prepares a

17 spending plan for such funds, and notifies the Committees

18 on Appropriations of the House of Representatives and the

19 Senate concerning the contents of the spending plan.

20 ADMINISTRATIVE PROVISION—LEGAL SERVICES

21 CORPORATION

22 None of the funds appropriated in this Act to the

23 Legal Services Corporation shall be expended for any pur24 pose prohibited or limited by, or contrary to any of the

25 provisions of, sections 501, 502, 503, 504, 505, and 506

26 of Public Law 105–119, and all funds appropriated in this
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1 Act to the Legal Services Corporation shall be subject to

2 the same terms and conditions set forth in such sections,

3 except that all references in sections 502 and 503 to 1997

4 and 1998 shall be deemed to refer instead to 2001 and

5 2002, respectively.

6 MARINE MAMMAL COMMISSION

7 SALARIES AND EXPENSES

8 For necessary expenses of the Marine Mammal Com9 mission as authorized by title II of Public Law 92–522,

10 as amended, $1,957,000.

11 NATIONAL VETERANS BUSINESS DEVELOPMENT

12 CORPORATION

13 For necessary expenses of the National Veterans

14 Business Development Corporation as authorized under

15 section 33(a) of the Small Business Act, as amended,

16 $4,000,000.

17 SECURITIES AND EXCHANGE COMMISSION

18 SALARIES AND EXPENSES

19 For necessary expenses for the Securities and Ex20 change Commission, including services as authorized by

21 5 U.S.C. 3109, the rental of space (to include multiple

22 year leases) in the District of Columbia and elsewhere, and

23 not to exceed $3,000 for official reception and representa24 tion expenses, $109,500,000 from fees collected in fiscal

25 year 2002 to remain available until expended, and from
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1 fees collected in fiscal year 2000, $404,547,000 to remain

2 available until expended; of which not to exceed $10,000

3 may be used toward funding a permanent secretariat for

4 the International Organization of Securities Commissions;

5 and of which not to exceed $100,000 shall be available

6 for expenses for consultations and meetings hosted by the

7 Commission with foreign governmental and other regu8 latory officials, members of their delegations, appropriate

9 representatives and staff to exchange views concerning de10 velopments relating to securities matters, development and

11 implementation of cooperation agreements concerning se12 curities matters and provision of technical assistance for

13 the development of foreign securities markets, such ex14 penses to include necessary logistic and administrative ex15 penses and the expenses of Commission staff and foreign

16 invitees in attendance at such consultations and meetings

17 including: (1) such incidental expenses as meals taken in

18 the course of such attendance; (2) any travel and trans19 portation to or from such meetings; and (3) any other re20 lated lodging or subsistence: Provided, That fees and

21 charges authorized by sections 6(b)(4) of the Securities

22 Act of 1933 (15 U.S.C. 77f(b)(4)) and 31(d) of the Secu23 rities Exchange Act of 1934 (15 U.S.C. 78ee(d)) shall be

24 credited to this account as offsetting collections: Provided

25 further, That fees collected as authorized by section 31 of
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1 the Securities Exchange Act of 1934 (15 U.S.C. 78ee) for

2 sales transacted on, and with respect to securities reg3 istered solely on, an exchange that is initially granted reg4 istration as a national securities exchange after February

5 24, 2000 shall be credited to this account as offsetting

6 collections: Provided further, That for purposes of collec7 tions under section 31, a security shall not be deemed reg8 istered on a national securities exchange solely because

9 that national securities exchange continues or extends un10 listed trading privileges to that security.

11 SMALL BUSINESS ADMINISTRATION

12 SALARIES AND EXPENSES

13 For necessary expenses, not otherwise provided for,

14 of the Small Business Administration as authorized by

15 Public Law 105–135, including hire of passenger motor

16 vehicles as authorized by 31 U.S.C. 1343 and 1344, and

17 not to exceed $3,500 for official reception and representa18 tion expenses, $333,233,000: Provided, That the Adminis19 trator is authorized to charge fees to cover the cost of pub20 lications developed by the Small Business Administration,

21 and certain loan servicing activities: Provided further,

22 That, notwithstanding 31 U.S.C. 3302, revenues received

23 from all such activities shall be credited to this account,

24 to be available for carrying out these purposes without fur25 ther appropriations: Provided further, That $88,000,000
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1 shall be available to fund grants for performance in fiscal

2 year 2002 or fiscal year 2003 as authorized by section

3 21 of the Small Business Act, as amended.

4 OFFICE OF INSPECTOR GENERAL

5 For necessary expenses of the Office of Inspector

6 General in carrying out the provisions of the Inspector

7 General Act of 1978, as amended (5 U.S.C. App.),

8 $11,000,000.

9 BUSINESS LOANS PROGRAM ACCOUNT

10 For the cost of direct loans, $1,860,000, to be avail11 able until expended; and for the cost of guaranteed loans,

12 $93,500,000, as authorized by 15 U.S.C. 631 note, of

13 which $45,000,000 shall remain available until September

14 30, 2003: Provided, That such costs, including the cost

15 of modifying such loans, shall be as defined in section 502

16 of the Congressional Budget Act of 1974, as amended:

17 Provided further, That during fiscal year 2002, commit18 ments to guarantee loans under section 503 of the Small

19 Business Investment Act of 1958, as amended, shall not

20 exceed $3,750,000,000: Provided further, That during fis21 cal year 2002, commitments for general business loans au22 thorized under section 7(a) of the Small Business Act, as

23 amended, shall not exceed $10,000,000,000 without prior

24 notification of the Committees on Appropriations of the

25 House of Representatives and Senate in accordance with

26 section 605 of this Act: Provided further, That during fis-
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1 cal year 2002, commitments to guarantee loans under sec2 tion 303(b) of the Small Business Investment Act of 1958,

3 as amended, shall not exceed $4,100,000,000.

4 In addition, for administrative expenses to carry out

5 the direct and guaranteed loan programs, $129,000,000,

6 which may be transferred to and merged with the appro7 priations for Salaries and Expenses.

8 DISASTER LOANS PROGRAM ACCOUNT

9 For the cost of direct loans authorized by section 7(b)

10 of the Small Business Act, as amended, $79,510,000, to

11 remain available until expended: Provided, That such

12 costs, including the cost of modifying such loans, shall be

13 as defined in section 502 of the Congressional Budget Act

14 of 1974, as amended.

15 In addition, for administrative expenses to carry out

16 the direct loan program, $125,354,000, which may be

17 transferred to and merged with appropriations for Salaries

18 and Expenses, of which $500,000 is for the Office of In19 spector General of the Small Business Administration for

20 audits and reviews of disaster loans and the disaster loan

21 program and shall be transferred to and merged with ap22 propriations for the Office of Inspector General; of which

23 $115,000,000 is for direct administrative expenses of loan

24 making and servicing to carry out the direct loan program;

25 and of which $9,854,000 is for indirect administrative ex26 penses: Provided, That any amount in excess of
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1 $9,854,000 to be transferred to and merged with appro2 priations for Salaries and Expenses for indirect adminis3 trative expenses shall be treated as a reprogramming of

4 funds under section 605 of this Act and shall not be avail5 able for obligation or expenditure except in compliance

6 with the procedures set forth in that section.

7 ADMINISTRATIVE PROVISION—SMALL BUSINESS

8 ADMINISTRATION

9 Not to exceed 5 percent of any appropriation made

10 available for the current fiscal year for the Small Business

11 Administration in this Act may be transferred between

12 such appropriations, but no such appropriation shall be

13 increased by more than 10 percent by any such transfers:

14 Provided, That any transfer pursuant to this paragraph

15 shall be treated as a reprogramming of funds under sec16 tion 605 of this Act and shall not be available for obliga17 tion or expenditure except in compliance with the proce18 dures set forth in that section.

19 STATE JUSTICE INSTITUTE

20 SALARIES AND EXPENSES

21 For necessary expenses of the State Justice Institute,

22 as authorized by the State Justice Institute Authorization

23 Act of 1992 (Public Law 102–572; 106 Stat. 4515–4516),

24 $14,850,000, to remain available until expended: Pro25 vided, That not to exceed $2,500 shall be available for offi26 cial reception and representation expenses.
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1 UNITED STATES-CANADA ALASKA RAIL COMMISSION

2 SALARIES AND EXPENSES

3 For necessary expenses of the ‘‘United States-Canada

4 Alaska Rail Commission’’, as authorized by Title III of

5 Public Law 106–520, $4,000,000.

6 TITLE VI—GENERAL PROVISIONS

7 SEC. 601. No part of any appropriation contained in

8 this Act shall be used for publicity or propaganda purposes

9 not authorized by the Congress.

10 SEC. 602. No part of any appropriation contained in

11 this Act shall remain available for obligation beyond the

12 current fiscal year unless expressly so provided herein.

13 SEC. 603. The expenditure of any appropriation

14 under this Act for any consulting service through procure15 ment contract, pursuant to 5 U.S.C. 3109, shall be limited

16 to those contracts where such expenditures are a matter

17 of public record and available for public inspection, except

18 where otherwise provided under existing law, or under ex19 isting Executive order issued pursuant to existing law.

20 SEC. 604. (a) The caption for section 504 of title 28,

21 United States Code, is amended by replacing ‘‘Attorney’’

22 with ‘‘Attorneys’’.

23 (b) Section 504 of title 28, United States Code, is

24 amended by inserting after ‘‘General’’ the following, ‘‘and
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1 a Deputy Attorney General for Combating Domestic Ter2 rorism’’.

3 (c) There is established within the Department of

4 Justice the position of Deputy Attorney General for Com5 bating Domestic Terrorism, who shall be appointed by the

6 President, by and with the advice and consent of the Sen7 ate.

8 (d) Subject to the authority of the Attorney General,

9 the Deputy Attorney General for Combating Domestic

10 Terrorism shall serve as the principal advisor to the Attor11 ney General on, and, with the Deputy Director of the Fed12 eral Emergency Management Agency, serve as one of two

13 key government officials responsible for domestic

14 counterterrorism and antiterrorism policy.

15 (e) The Deputy Attorney General for Combating Ter16 rorism together with the Deputy Director of the Federal

17 Emergency Management Agency shall coordinate all func18 tions of the Federal Government related to domestic

19 counterterrorism and antiterrorism activities, including—

20 (1) the development of a National Strategy for

21 Combating Domestic Terrorism that shall establish

22 national policies, objectives, and priorities for pre23 venting, preparing for, and responding to domestic

24 terrorism within the United States;
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1 (2) the coordination of the implementation of

2 the National Strategy for Combating Domestic Ter3 rorism by the departments and agencies of the Fed4 eral Government and by State and local entities with

5 responsibilities for combating domestic terrorism;

6 and

7 (3) the recommendation of changes in the orga8 nization and management of Federal departments

9 and agencies and State and local entities engaged in

10 combating domestic terrorism to the Congress, the

11 President, the Vice President, the Attorney General,

12 and the Director of the Federal Emergency Manage13 ment Agency.

14 (f) Subject to the authority of the Attorney General,

15 the Deputy Attorney General for Combating Domestic

16 Terrorism shall be responsible for State and local pre17 paredness for weapons of mass destruction, security classi18 fications and clearances within the Department of Justice,

19 and contingency operations within the Department of Jus20 tice.

21 (g) For necessary expenses of the Office of the Dep22 uty Attorney General for Combating Domestic Terrorism,

23 $23,000,000, to remain available until expended.

24 (h) Notwithstanding any other provision of law, all

25 authorities, liabilities, funding, personnel, equipment, and
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1 real property associated with the Office of State and Local

2 Domestic Preparedness Support, the National Domestic

3 Preparedness Office, the Executive Office of National Se4 curity, and such components which relate to domestic

5 counterterrorism and antiterrorism activities in the Office

6 of Intelligence Policy and Review as are appropriate shall

7 be transferred to the Deputy Attorney General for Com8 bating Domestic Terrorism not later than 90 days after

9 enactment of this Act.

10 SEC. 605. (a) None of the funds provided under this

11 Act, or provided under previous appropriations Acts to the

12 agencies funded by this Act that remain available for obli13 gation or expenditure in fiscal year 2002, or provided from

14 any accounts in the Treasury of the United States derived

15 by the collection of fees available to the agencies funded

16 by this Act, shall be available for obligation or expenditure

17 through a reprogramming of funds which: (1) creates new

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

19 (3) increases funds or personnel by any means for any

20 project or activity for which funds have been denied or

21 restricted; (4) relocates an office or employees; (5) reorga22 nizes offices, programs, or activities; or (6) contracts out

23 or privatizes any functions, or activities presently per24 formed by Federal employees; unless the Appropriations
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1 Committees of both Houses of Congress are notified 15

2 days in advance of such reprogramming of funds.

3 (b) None of the funds provided under this Act, or

4 provided under previous appropriations Acts to the agen5 cies funded by this Act that remain available for obligation

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

7 accounts in the Treasury of the United States derived by

8 the collection of fees available to the agencies funded by

9 this Act, shall be available for obligation or expenditure

10 for activities, programs, or projects through a reprogram11 ming of funds in excess of $500,000 or 10 percent, which12 ever is less, that: (1) augments existing programs,

13 projects, or activities; (2) reduces by 10 percent funding

14 for any existing program, project, or activity, or numbers

15 of personnel by 10 percent as approved by Congress; or

16 (3) results from any general savings from a reduction in

17 personnel which would result in a change in existing pro18 grams, activities, or projects as approved by Congress; un19 less the Appropriations Committees of both Houses of

20 Congress are notified 15 days in advance of such re21 programming of funds.

22 SEC. 606. Section 286(d) of Public Law 82–414, as

23 amended, is further amended—

24 (1) in subsection (d), by striking ‘‘$6’’ and in25 serting ‘‘$7’’; and
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1 (2) in subsection (h), by adding at the end the

2 following new paragraph:

3 ‘‘(3) Not less than nine percent of the total

4 amounts deposited under this subsection in a fiscal

5 year shall be available only to automate or otherwise

6 improve the speed, accuracy, or security of the in7 spection process.’’.

8 SEC. 607. None of the funds made available in this

9 Act may be used for the construction, repair (other than

10 emergency repair), overhaul, conversion, or modernization

11 of vessels for the National Oceanic and Atmospheric Ad12 ministration in shipyards located outside of the United

13 States.

14 SEC. 608. Section 140 of Public Law 97–92 (28

15 U.S.C. 461 note; 95 Stat. 1200) is amended by adding

16 at the end the following: ‘‘This section shall apply to fiscal

17 year 1981 and each fiscal year thereafter.’’.

18 SEC. 609. None of the funds made available in this

19 Act may be used to implement, administer, or enforce any

20 guidelines of the Equal Employment Opportunity Com21 mission covering harassment based on religion, when such

22 guidelines do not differ in any respect from the proposed

23 guidelines published by the Commission on October 1,

24 1993 (58 Fed. Reg. 51266).
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1 SEC. 610. None of the funds made available by this

2 Act may be used for any United Nations undertaking

3 when: (1) the United Nations undertaking is a peace4 keeping mission; (2) such undertaking will involve United

5 States Armed Forces under the command or operational

6 control of a foreign national; and (3) the President’s mili7 tary advisors have not submitted to the President a rec8 ommendation that such involvement is in the national se9 curity interests of the United States and the President has

10 not submitted to the Congress such a recommendation.

11 SEC. 611. (a) None of the funds appropriated or oth12 erwise made available by this Act shall be expended for

13 any purpose for which appropriations are prohibited by

14 section 609 of the Departments of Commerce, Justice, and

15 State, the Judiciary, and Related Agencies Appropriations

16 Act, 1999.

17 (b) The requirements in subparagraphs (A) and (B)

18 of section 609 of that Act shall continue to apply during

19 fiscal year 2002.

20 SEC. 612. Hereafter, none of the funds appropriated

21 or otherwise made available to the Bureau of Prisons shall

22 be used to provide the following amenities or personal

23 comforts in the Federal prison system—
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1 (1) in-cell television viewing except for prisoners

2 who are segregated from the general prison popu3 lation for their own safety;

4 (2) the viewing of R, X, and NC–17 rated mov5 ies, through whatever medium presented;

6 (3) any instruction (live or through broadcasts)

7 or training equipment for boxing, wrestling, judo,

8 karate, or other martial art, or any bodybuilding or

9 weightlifting equipment of any sort;

10 (4) possession of in-cell coffee pots, hot plates

11 or heating elements; or

12 (5) the use or possession of any electric or elec13 tronic musical instrument.

14 SEC. 613. Any costs incurred by a department or

15 agency funded under this Act resulting from personnel ac16 tions taken in response to funding reductions included in

17 this Act shall be absorbed within the total budgetary re18 sources available to such department or agency: Provided,

19 That the authority to transfer funds between appropria20 tions accounts as may be necessary to carry out this sec21 tion is provided in addition to authorities included else22 where in this Act: Provided further, That use of funds to

23 carry out this section shall be treated as a reprogramming

24 of funds under section 605 of this Act and shall not be
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1 available for obligation or expenditure except in compli2 ance with the procedures set forth in that section.

3 SEC. 614. Hereafter, none of the funds appropriated

4 or otherwise made available to the Federal Bureau of Pris5 ons may be used to distribute or make available any com6 mercially published information or material to a prisoner

7 when such information or material is sexually explicit or

8 features nudity.

9 SEC. 615. (a) None of the funds appropriated or oth10 erwise made available by this Act shall be expended for

11 any purpose for which appropriations are prohibited by

12 section 616 of the Departments of Commerce, Justice, and

13 State, the Judiciary, and Related Agencies Appropriations

14 Act, 1999, as amended.

15 (b) The requirements in subsections (b) and (c) of

16 section 616 of that Act shall continue to apply during fis17 cal year 2002.

18 SEC. 616. None of the funds appropriated pursuant

19 to this Act or any other provision of law may be used for:

20 (1) the implementation of any tax or fee in connection

21 with the implementation of 18 U.S.C. 922(t); and (2) any

22 system to implement 18 U.S.C. 922(t) that does not re23 quire and result in the destruction of any identifying infor24 mation submitted by or on behalf of any person who has
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1 been determined not to be prohibited from owning a fire2 arm.

3 SEC. 617. Notwithstanding any other provision of

4 law, amounts deposited or available in the Fund estab5 lished under 42 U.S.C. 10601 in any fiscal year in excess

6 of $576,462,000 shall not be available for obligation until

7 the following fiscal year.

8 SEC. 618. Hereafter, none of the funds appropriated

9 or otherwise made available to the Department of State

10 and the Department of Justice shall be available for the

11 purpose of granting either immigrant or nonimmigrant

12 visas, or both, consistent with the Secretary’s determina13 tion under section 243(d) of the Immigration and Nation14 ality Act, to citizens, subjects, nationals, or residents of

15 countries that the Attorney General has determined deny

16 or unreasonably delay accepting the return of citizens,

17 subjects, nationals, or residents under that section.

18 SEC. 619. None of the funds made available to the

19 Department of Justice in this Act may be used for the

20 purpose of transporting an individual who is a prisoner

21 pursuant to conviction for crime under State or Federal

22 law and is classified as a maximum or high security pris23 oner, other than to a prison or other facility certified by

24 the Federal Bureau of Prisons as appropriately secure for

25 housing such a prisoner.
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1 SEC. 620. Section 504(a)(16) of the Commerce, Jus2 tice, and State, the Judiciary, and Related Agencies Ap3 propriations Act, 1996 (110 Stat. 1321–55; Public Law

4 104–134) is amended by striking beginning with ‘‘, except

5 that’’ through ‘‘representation’’.

6 SEC. 621. The requirements of section 312(a)(3) of

7 the Magnuson-Stevens Fishery Conservation and Manage8 ment Act shall not apply to funds made available by sec9 tion 2201 of Public Law 106–246.

10 SEC. 622. (a) Section 203(i) of the Act entitled ‘‘An

11 Act to approve a governing international agreement be12 tween the United States and the Republic of Poland, and

13 for other purposes’’, approved November 13, 1998, is

14 amended by striking ‘‘2001’’ and inserting ‘‘2006’’.

15 (b) Section 203 of such Act, as amended by sub16 section (a), is further amended by adding at the end the

17 following:

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

19 2 years thereafter, the Pacific State Marine Fisheries

20 Commission shall submit to the Committee on Commerce,

21 Science, and Transportation of the Senate and the Com22 mittee on Resources of the House of Representatives a re23 port on the health and management of the Dungeness

24 Crab fishery located off the coasts of the States of Wash25 ington, Oregon, and California.’’.
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1 TITLE VII—RESCISSIONS

2 DEPARTMENT OF STATE AND RELATED

3 AGENCY

4 INTERNATIONAL ORGANIZATIONS AND CONFERENCES

5 CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING

6 ACTIVITIES

7 (RESCISSION)

8 Of the unobligated balances available under this

9 heading, $126,620,000 are rescinded.

10 This Act may be cited as the ‘‘Departments of Com11 merce, Justice, and State, the Judiciary, and Related

12 Agencies Appropriations Act, 2002.’’
Calendar No. 95

107TH CONGRESS

1ST SESSION S. 1215

[Report No. 107–42]

A BILL

Making appropriations for the Departments of

Commerce, Justice, and State, the Judiciary, andrelated agencies for the fiscal year ending September 30, 2002, and for other purposes.

JULY 20, 2001

Read twice and placed on the calendar