H. R. 2500—48
$12,400,000 is for management and administration; and $4,400,000
is for client self-help and information technology.
ADMINISTRATIVE PROVISIONS—LEGAL SERVICES CORPORATION
None of the funds appropriated in this Act to the Legal Services
Corporation shall be expended for any purpose prohibited or limited
by, or contrary to any of the provisions of, sections 501, 502,
503, 504, 505, and 506 of Public Law 105–119, and all funds
appropriated in this Act to the Legal Services Corporation shall
be subject to the same terms and conditions set forth in such
sections, except that all references in sections 502 and 503 to
1997 and 1998 shall be deemed to refer instead to 2001 and 2002,
respectively.
Section 504(a)(16) of Public Law 104–134 is hereafter amended
by striking ‘‘if such relief does not involve’’ and all that follows
through ‘‘representation’’.
MARINE MAMMAL COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Marine Mammal Commission
as authorized by title II of Public Law 92–522, as amended,
$1,957,000.
NATIONAL VETERANS BUSINESS DEVELOPMENT CORPORATION
For necessary expenses of the National Veterans Business
Development Corporation as authorized under section 33(a) of the
Small Business Act, as amended, $4,000,000.
PACIFIC CHARTER COMMISSION
SALARIES AND EXPENSES
For necessary expenses for the Pacific Charter Commission,
as authorized by the Pacific Charter Commission Act of 2000 (Public
Law 106–570), $1,500,000, to remain available until expended.
SECURITIES AND EXCHANGE COMMISSION
SALARIES AND EXPENSES
For necessary expenses for the Securities and Exchange
Commission, including services as authorized by 5 U.S.C. 3109,
the rental of space (to include multiple year leases) in the District
of Columbia and elsewhere, and not to exceed $3,000 for official
reception and representation expenses, $109,500,000 from fees col-
lected in fiscal year 2002 to remain available until expended, and
from fees collected in previous fiscal years, $328,400,000, to remain
available until expended; of which not to exceed $10,000 may be
used toward funding a permanent secretariat for the International
Organization of Securities Commissions; and of which not to exceed
$100,000 shall be available for expenses for consultations and
meetings hosted by the Commission with foreign governmental
and other regulatory officials, members of their delegations, appro-
priate representatives and staff to exchange views concerning
developments relating to securities matters, development and
H. R. 2500—49
implementation of cooperation agreements concerning securities
matters and provision of technical assistance for the development
of foreign securities markets, such expenses to include necessary
logistic and administrative expenses and the expenses of Commis-
sion staff and foreign invitees in attendance at such consultations
and meetings including: (1) such incidental expenses as meals taken
in the course of such attendance; (2) any travel and transportation
to or from such meetings; and (3) any other related lodging or
subsistence: Provided, That fees and charges authorized by sections
6(b)(4) of the Securities Act of 1933 (15 U.S.C. 77f(b)(4)) and 31(d)
of the Securities Exchange Act of 1934 (15 U.S.C. 78ee(d)) shall
be credited to this account as offsetting collections: Provided further,
That in the event that H.R. 1088, the Investor and Capital Markets
Fee Relief Act, or other legislation to amend section 6(b) of the
Securities Act of 1933 (15 U.S.C. 77f(b)), and sections 13(e), 14(g),
and 31 of the Securities Exchange Act of 1934 (15 U.S.C. 78m(e),
78n(g) and 78ee), is enacted into law prior to the date on which
a regular appropriation to the Commission for fiscal year 2003
is enacted, the fees, charges, and assessments authorized by such
sections, as amended, shall be deposited and credited to this account
as offsetting collections: Provided further, That fees collected as
authorized by section 31 of the Securities Exchange Act of 1934
(15 U.S.C. 78ee) for sales transacted on, and with respect to securi-
ties registered solely on, an exchange that is initially granted reg-
istration as a national securities exchange after February 24, 2000
shall be credited to this account as offsetting collections: Provided
further, That for purposes of collections under section 31, a security
shall not be deemed registered on a national securities exchange
solely because that national securities exchange continues or
extends unlisted trading privileges to that security.
SMALL BUSINESS ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses, not otherwise provided for, of the Small
Business Administration as authorized by Public Law 105–135,
including hire of passenger motor vehicles as authorized by 31
U.S.C. 1343 and 1344, and not to exceed $3,500 for official reception
and representation expenses, $308,476,000: Provided, That the
Administrator is authorized to charge fees to cover the cost of
publications developed by the Small Business Administration, and
certain loan servicing activities: Provided further, That, notwith-
standing 31 U.S.C. 3302, revenues received from all such activities
shall be credited to this account, to be available for carrying out
these purposes without further appropriations: Provided further,
That $88,000,000 shall be available to fund grants for performance
in fiscal year 2002 or fiscal year 2003 as authorized by section
21 of the Small Business Act, as amended.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
as amended (5 U.S.C. App.), $11,464,000.
H. R. 2500—50
BUSINESS LOANS PROGRAM ACCOUNT
For the cost of direct loans, $1,860,000, to be available until
expended; and for the cost of guaranteed loans, $78,000,000, as
authorized by 15 U.S.C. 631 note, of which $45,000,000 shall remain
available until September 30, 2003: Provided, That such costs,
including the cost of modifying such loans, shall be as defined
in section 502 of the Congressional Budget Act of 1974, as amended:
Provided further, That during fiscal year 2002 commitments to
guarantee loans under section 503 of the Small Business Investment
Act of 1958, as amended, shall not exceed $4,500,000,000, as pro-
vided under section 20(h)(1)(B)(ii) of the Small Business Act: Pro-
vided further, That during fiscal year 2002 commitments for general
business loans authorized under section 7(a) of the Small Business
Act, as amended, shall not exceed $10,000,000,000 without prior
notification of the Committees on Appropriations of the House of
Representatives and Senate in accordance with section 605 of this
Act: Provided further, That during fiscal year 2002 commitments
to guarantee loans for debentures and participating securities under
section 303(b) of the Small Business Investment Act of 1958, as
amended, shall not exceed the levels established by section
20(h)(1)(C) of the Small Business Act.
In addition, for administrative expenses to carry out the direct
and guaranteed loan programs, $129,000,000, which may be trans-
ferred to and merged with the appropriations for Salaries and
Expenses.
DISASTER LOANS PROGRAM ACCOUNT
For the cost of direct loans authorized by section 7(b) of the
Small Business Act, as amended, $87,360,000, to remain available
until expended: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended.
In addition, for administrative expenses to carry out the direct
loan program, $122,354,000, which may be transferred to and
merged with appropriations for Salaries and Expenses, of which
$500,000 is for the Office of Inspector General of the Small Business
Administration for audits and reviews of disaster loans and the
disaster loan program and shall be transferred to and merged
with appropriations for the Office of Inspector General; of which
$112,000,000 is for direct administrative expenses of loan making
and servicing to carry out the direct loan program; and of which
$9,854,000 is for indirect administrative expenses: Provided, That
any amount in excess of $9,854,000 to be transferred to and merged
with appropriations for Salaries and Expenses for indirect adminis-
trative expenses shall be treated as a reprogramming of funds
under section 605 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth
in that section.
ADMINISTRATIVE PROVISION—SMALL BUSINESS ADMINISTRATION
Not to exceed 5 percent of any appropriation made available
for the current fiscal year for the Small Business Administration
in this Act may be transferred between such appropriations, but
no such appropriation shall be increased by more than 10 percent
by any such transfers: Provided, That any transfer pursuant to
H. R. 2500—51
this paragraph shall be treated as a reprogramming of funds under
section 605 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth
in that section.
STATE JUSTICE INSTITUTE
SALARIES AND EXPENSES
For necessary expenses of the State Justice Institute, as author-
ized by the State Justice Institute Authorization Act of 1992 (Public
Law 102–572; 106 Stat. 4515–4516), $3,000,000: Provided, That
not to exceed $2,500 shall be available for official reception and
representation expenses.
UNITED STATES-CANADA ALASKA RAIL COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the ‘‘United States-Canada Alaska
Rail Commission’’, as authorized by title III of Public Law 106–
520, $2,000,000, to remain available until expended.
TITLE VI—GENERAL PROVISIONS
SEC. 601. No part of any appropriation contained in this Act
shall be used for publicity or propaganda purposes not authorized
by the Congress.
SEC. 602. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
SEC. 603. The expenditure of any appropriation under this
Act for any consulting service through procurement contract, pursu-
ant to 5 U.S.C. 3109, shall be limited to those contracts where
such expenditures are a matter of public record and available
for public inspection, except where otherwise provided under
existing law, or under existing Executive order issued pursuant
to existing law.
SEC. 604. If any provision of this Act or the application of
such provision to any person or circumstances shall be held invalid,
the remainder of the Act and the application of each provision
to persons or circumstances other than those as to which it is
held invalid shall not be affected thereby.
SEC. 605. (a) None of the funds provided under this Act, or
provided under previous appropriations Acts to the agencies funded
by this Act that remain available for obligation or expenditure
in fiscal year 2002, or provided from any accounts in the Treasury
of the United States derived by the collection of fees available
to the agencies funded by this Act, shall be available for obligation
or expenditure through a reprogramming of funds which: (1) creates
new programs; (2) eliminates a program, project, or activity; (3)
increases funds or personnel by any means for any project or
activity for which funds have been denied or restricted; (4) relocates
an office or employees; (5) reorganizes offices, programs, or activi-
ties; or (6) contracts out or privatizes any functions or activities
presently performed by Federal employees; unless the Appropria-
tions Committees of both Houses of Congress are notified 15 days
in advance of such reprogramming of funds.
H. R. 2500—52
(b) None of the funds provided under this Act, or provided
under previous appropriations Acts to the agencies funded by this
Act that remain available for obligation or expenditure in fiscal
year 2002, or provided from any accounts in the Treasury of the
United States derived by the collection of fees available to the
agencies funded by this Act, shall be available for obligation or
expenditure for activities, programs, or projects through a re-
programming of funds in excess of $500,000 or 10 percent, which-
ever is less, that: (1) augments existing programs, projects, or
activities; (2) reduces by 10 percent funding for any existing pro-
gram, project, or activity, or numbers of personnel by 10 percent
as approved by Congress; or (3) results from any general savings
from a reduction in personnel which would result in a change
in existing programs, activities, or projects as approved by Congress;
unless the Appropriations Committees of both Houses of Congress
are notified 15 days in advance of such reprogramming of funds.
SEC. 606. None of the funds made available in this Act may
be used for the construction, repair (other than emergency repair),
overhaul, conversion, or modernization of vessels for the National
Oceanic and Atmospheric Administration in shipyards located out-
side of the United States.
SEC. 607. (a) PURCHASE OF AMERICAN-MADE EQUIPMENT AND
PRODUCTS.—It is the sense of the Congress that, to the greatest
extent practicable, all equipment and products purchased with
funds made available in this Act should be American-made.
(b) NOTICE REQUIREMENT.—In providing financial assistance
to, or entering into any contract with, any entity using funds
made available in this Act, the head of each Federal agency, to
the greatest extent practicable, shall provide to such entity a notice
describing the statement made in subsection (a) by the Congress.
(c) PROHIBITION
OF
CONTRACTS
WITH
PERSONS
FALSELY
LABELING PRODUCTS AS MADE IN AMERICA.—If it has been finally
determined by a court or Federal agency that any person inten-
tionally affixed a label bearing a ‘‘Made in America’’ inscription,
or any inscription with the same meaning, to any product sold
in or shipped to the United States that is not made in the United
States, the person shall be ineligible to receive any contract or
subcontract made with funds made available in this Act, pursuant
to the debarment, suspension, and ineligibility procedures described
in sections 9.400 through 9.409 of title 48, Code of Federal Regula-
tions.
SEC. 608. None of the funds made available in this Act may
be used to implement, administer, or enforce any guidelines of
the Equal Employment Opportunity Commission covering harass-
ment based on religion, when it is made known to the Federal
entity or official to which such funds are made available that
such guidelines do not differ in any respect from the proposed
guidelines published by the Commission on October 1, 1993 (58
Fed. Reg. 51266).
SEC. 609. None of the funds made available by this Act may
be used for any United Nations undertaking when it is made
known to the Federal official having authority to obligate or expend
such funds: (1) that the United Nations undertaking is a peace-
keeping mission; (2) that such undertaking will involve United
States Armed Forces under the command or operational control
of a foreign national; and (3) that the President’s military advisors
have not submitted to the President a recommendation that such
H. R. 2500—53
involvement is in the national security interests of the United
States and the President has not submitted to the Congress such
a recommendation.
SEC. 610. (a) None of the funds appropriated or otherwise
made available by this Act shall be expended for any purpose
for which appropriations are prohibited by section 609 of the Depart-
ments of Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act, 1999.
(b) The requirements in subparagraphs (A) and (B) of section
609 of that Act shall continue to apply during fiscal year 2002.
SEC. 611. Hereafter, none of the funds appropriated or other-
wise made available to the Bureau of Prisons shall be used to
provide the following amenities or personal comforts in the Federal
prison system—
(1) in-cell television viewing except for prisoners who are
segregated from the general prison population for their own
safety;
(2) the viewing of R, X, and NC–17 rated movies, through
whatever medium presented;
(3) any instruction (live or through broadcasts) or training
equipment for boxing, wrestling, judo, karate, or other martial
art, or any bodybuilding or weightlifting equipment of any
sort;
(4) possession of in-cell coffee pots, hot plates or heating
elements; or
(5) the use or possession of any electric or electronic musical
instrument.
SEC. 612. (a) The President shall submit as part of the fiscal
year 2003 budget to Congress a proposal to restructure the Depart-
ment of Justice to include a coordinator of Department of Justice
activities relating to combating domestic terrorism, including State
and local grant programs subject to the authority of the Attorney
General, and who will serve as the Department of Justice represent-
ative at interagency meetings on combating terrorism below the
Cabinet level.
(b) If the President does not submit a proposal as described
in subsection (a), or if Congress fails to enact legislation establishing
a new position described in subsection (a), by June 30, 2002, then
effective on such date subsections (c) through (f) shall take effect.
(c)(1) Section 504 of title 28, United States Code, is amended
by inserting after ‘‘General’’ the following: ‘‘and a Deputy Attorney
General for Combating Domestic Terrorism’’.
(2) the Section heading for section 504 of title 28, United
States Code, is amended by striking ‘‘Attorney’’ and inserting ‘‘Attor-
neys’’.
(d) The Deputy Attorney General for Combating Domestic Ter-
rorism (appointed under section 504 of title 28, United States
Code, as amended by subsection (c)) shall—
(1) serve as the principal adviser to the Attorney General
for combating terrorism, counterterrorism, and antiterrorism
policy;
(2) have responsibility for coordinating all functions within
the Department of Justice relating to combating domestic ter-
rorism including—
(A) policies, plans, and oversight, as they relate to
combating terrorism, counterterrorism, and antiterrorism
activities;
H. R. 2500—54
(B) State and local preparedness for terrorist events;
(C) security classifications and clearances within the
Department of Justice;
(D) contingency operations within the Department of
Justice; and
(E) critical infrastructure.
(3) coordinate—
(A) all inter-agency interface between the Department
of Justice and other departments, agencies, and entities
of the United States, including State and local organiza-
tions, engaged in combating terrorism, counterterrorism,
and antiterrorism activities; and
(B) the implementation of the national strategy for
combating terrorism by State and local entities with respon-
sibilities for combating domestic terrorism; and
(4) recommend changes in the organization and manage-
ment of the Department of Justice and State and local entities
engaged in combating domestic terrorism to the Attorney Gen-
eral.
(e) There is appropriated, out of any money in the Treasury
of the United States not otherwise appropriated, for necessary
expenses of the Office of the Deputy Attorney General for Combating
Domestic Terrorism of the Department of Justice, $1,000,000, to
remain available until expended.
(f) Effective September 30, 2002, there is transferred to the
Deputy Attorney General for Combating Domestic Terrorism all
authorities, liabilities, funding, personnel, equipment, and real prop-
erty employed or used by, or associated with, the Office of Domestic
Preparedness, the National Domestic Preparedness Office, the
Executive Office of National Security, and such appropriate compo-
nents of the Office of Intelligence Policy and Review as relate
to combating terrorism, counterterrorism, and antiterrorism activi-
ties.
SEC. 613. Any costs incurred by a department or agency funded
under this Act resulting from personnel actions taken in response
to funding reductions included in this Act shall be absorbed within
the total budgetary resources available to such department or
agency: Provided, That the authority to transfer funds between
appropriations accounts as may be necessary to carry out this
section is provided in addition to authorities included elsewhere
in this Act: Provided further, That use of funds to carry out this
section shall be treated as a reprogramming of funds under section
605 of this Act and shall not be available for obligation or expendi-
ture except in compliance with the procedures set forth in that
section.
SEC. 614. Hereafter, none of the funds appropriated or other-
wise made available to the Federal Bureau of Prisons may be
used to distribute or make available any commercially published
information or material to a prisoner when it is made known
to the Federal official having authority to obligate or expend such
funds that such information or material is sexually explicit or
features nudity.
SEC. 615. Of the funds appropriated in this Act under the
heading ‘‘Office of Justice Programs—State and Local Law Enforce-
ment Assistance’’, not more than 90 percent of the amount to
be awarded to an entity under the Local Law Enforcement Block
Grant shall be made available to such an entity when it is made
H. R. 2500—55
known to the Federal official having authority to obligate or expend
such funds that the entity that employs a public safety officer
(as such term is defined in section 1204 of title I of the Omnibus
Crime Control and Safe Streets Act of 1968) does not provide
such a public safety officer who retires or is separated from service
due to injury suffered as the direct and proximate result of a
personal injury sustained in the line of duty while responding
to an emergency situation or a hot pursuit (as such terms are
defined by State law) with the same or better level of health
insurance benefits at the time of retirement or separation as they
received while on duty.
SEC. 616. None of the funds provided by this Act shall be
available to promote the sale or export of tobacco or tobacco prod-
ucts, or to seek the reduction or removal by any foreign country
of restrictions on the marketing of tobacco or tobacco products,
except for restrictions which are not applied equally to all tobacco
or tobacco products of the same type.
SEC. 617. (a) None of the funds appropriated or otherwise
made available by this Act shall be expended for any purpose
for which appropriations are prohibited by section 616 of the Depart-
ments of Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act, 1999, as amended.
(b) Subsection (a)(1) of section 616 of that Act, as amended,
is further amended by striking ‘‘Claudy Myrthil,’’.
(c) The requirements in subsections (b) and (c) of section 616
of that Act shall continue to apply during fiscal year 2002.
SEC. 618. None of the funds appropriated pursuant to this
Act or any other provision of law may be used for: (1) the
implementation of any tax or fee in connection with the implementa-
tion of 18 U.S.C. 922(t); and (2) any system to implement 18
U.S.C. 922(t) that does not require and result in the destruction
of any identifying information submitted by or on behalf of any
person who has been determined not to be prohibited from owning
a firearm.
SEC. 619. Notwithstanding any other provision of law, amounts
deposited or available in the Fund established under 42 U.S.C.
10601 in any fiscal year in excess of $550,000,000 shall not be
available for obligation until the following fiscal year, with the
exception of emergency appropriations made available by Public
Law 107–38 and transferred to the Fund.
SEC. 620. None of the funds made available to the Department
of Justice in this Act may be used to discriminate against or
denigrate the religious or moral beliefs of students who participate
in programs for which financial assistance is provided from those
funds, or of the parents or legal guardians of such students.
SEC. 621. None of the funds appropriated or otherwise made
available to the Department of State and the Department of Justice
shall be available for the purpose of granting either immigrant
or nonimmigrant visas, or both, consistent with the Secretary’s
determination under section 243(d) of the Immigration and Nation-
ality Act, to citizens, subjects, nationals, or residents of countries
that the Attorney General has determined deny or unreasonably
delay accepting the return of citizens, subjects, nationals, or resi-
dents under that section.
SEC. 622. None of the funds made available to the Department
of Justice in this Act may be used for the purpose of transporting
an individual who is a prisoner pursuant to conviction for crime
H. R. 2500—56
under State or Federal law and is classified as a maximum or
high security prisoner, other than to a prison or other facility
certified by the Federal Bureau of Prisons as appropriately secure
for housing such a prisoner.
SEC. 623. The requirements of section 312(a)(3) of the Magnu-
son-Stevens Fishery Conservation and Management Act shall not
apply to funds made available by section 2201 of Public Law 106–
246.
SEC. 624. (a) Section 203(i) of the Act entitled ‘‘An Act to
approve a governing international agreement between the United
States and the Republic of Poland, and for other purposes’’,
approved November 13, 1998, is amended by striking ‘‘2001’’ and
inserting ‘‘2006’’.
(b) Section 203 of such Act, as amended by subsection (a),
is further amended by adding at the end the following:
‘‘(j) Not later than December 31, 2001, and every 2 years
thereafter, the Pacific State Marine Fisheries Commission shall
submit to the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Resources of the House of
Representatives a report on the health and management of the
Dungeness Crab fishery located off the coasts of the States of
Washington, Oregon, and California.’’.
SEC. 625. Section 140 of Public Law 97–92 (28 U.S.C. 461
note; 95 Stat. 1200) is amended by adding at the end the following:
‘‘This section shall apply to fiscal year 1981 and each fiscal year
thereafter.’’.
SEC. 626. (a) The President shall submit, by not later than
the time of submission of the Budget of the United States Govern-
ment for Fiscal Year 2003, a legislative proposal to establish a
comprehensive program to ensure fair, equitable, and prompt com-
pensation for all United States victims of international terrorism
(or relatives of deceased United States victims of international
terrorism) that occurred or occurs on or after November 1, 1979.
(b) The legislative proposal shall include, among other things,
which types of events should be covered; which categories of individ-
uals should be covered by a compensation program; the means
by which United States victims of prior or future acts of inter-
national terrorism, including those with hostage claims against
foreign states, will be covered; the establishment of a Special Master
to administer the program; the categories of injuries for which
there should be compensation; the process by which any collateral
source of compensation to a victim (or a relative of a deceased
victim) for an act of international terrorism shall be offset from
any compensation that may be paid to that victim (or that relative)
under the program established by this section; and identifiable
sources of funds including assets of any state sponsor of terrorism
to make payments under the program.
(c) Amend 28 U.S.C. Section 1605(a)(7)(A) by inserting at the
end, before the semicolon, the following: ‘‘or the act is related
to Case Number 1:00CV03110(ESG) in the United States District
Court for the District of Columbia’’.
SEC. 627. No funds appropriated by this Act may be used
by Federal prisons to purchase cable television services, to rent
or purchase videocassettes, videocassette recorders, or other audio-
visual or electronic equipment used primarily for recreational pur-
poses. The preceding sentence does not preclude the renting,