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further, That, notwithstanding any other provision of law,
of the above amounts, $60,000,000 shall be used to initiate
the ‘‘Coastal and Estuarine Land Conservation Program’’,
for which there shall be no matching requirement, of which
$2,500,000 is for coastal land acquisition at Rocky Point
in Warwick, Rhode Island: Provided further, That none of
the funds provided in this Act or any other Act under the
heading ‘‘National Oceanic and Atmospheric Administra-
tion, Procurement, Acquisition and Construction’’ shall be
used to fund the General Services Administration’s stand-
ard construction and tenant build-out costs of a facility at
the Suitland Federal Center.
PACIFIC COASTAL SALMON RECOVERY
For necessary expenses to carry out the conservation
activites defined in section 250(c)(4)(E) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as
amended, including funds for the Endangered Species Act-
Pacific Salmon Recovery, the Columbia River Hatcheries,
the Columbia River Facilities, Pacific Salmon Treaty Im-
plementation, $137,940,000, to remain available until ex-
pended.
COASTAL ZONE MANAGEMENT FUND
Of amounts collected pursuant to section 308 of the
Coastal Zone Management Act of 1972 (16 U.S.C. 1456a),
not to exceed $3,000,000 shall be transferred to the Oper-
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ations, Research, and Facilities account to offset the costs
of implementing such Act.
FISHERMEN’S CONTINGENCY FUND
For carrying out the provisions of title IV of Public
Law 95–372, not to exceed $952,000, to be derived from re-
ceipts collected pursuant to that Act, to remain available
until expended.
FOREIGN FISHING OBSERVER FUND
For expenses necessary to carry out the provisions of
the Atlantic Tunas Convention Act of 1975, as amended
(Public Law 96–339), the Magnuson-Stevens Fishery Con-
servation and Management Act of 1976, as amended (Public
Law 100–627), and the American Fisheries Promotion Act
(Public Law 96–561), to be derived from the fees imposed
under the foreign fishery observer program authorized by
these Acts, not to exceed $191,000, to remain available until
expended.
FISHERIES FINANCE PROGRAM ACCOUNT
For the cost of direct loans, $287,000, as authorized
by the Merchant Marine Act of 1936, as amended: Provided,
That such costs, including the cost of modifying such loans,
shall be as defined in section 502 of the Congressional Budg-
et Act of 1974: Provided further, That none of the funds
made available under this heading may be used for direct
loans for any new fishing vessel that will increase the har-
vesting capacity in any United States fishery.
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DEPARTMENTAL MANAGEMENT
SALARIES AND EXPENSES
For expenses necessary for the departmental manage-
ment of the Department of Commerce provided for by law,
including not to exceed $8,000 for official entertainment,
$42,062,000.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector Gen-
eral in carrying out the provisions of the Inspector General
Act of 1978, as amended (5 U.S.C. App. 1–11, as amended
by Public Law 100–504), $21,176,000.
GENERAL PROVISIONS—DEPARTMENT OF COMMERCE
SEC. 201. During the current fiscal year, applicable
appropriations and funds made available to the Depart-
ment of Commerce by this Act shall be available for the
activities specified in the Act of October 26, 1949 (15 U.S.C.
1514), to the extent and in the manner prescribed by the
Act, and, notwithstanding 31 U.S.C. 3324, may be used for
advanced payments not otherwise authorized only upon the
certification of officials designated by the Secretary of Com-
merce that such payments are in the public interest.
SEC. 202. During the current fiscal year, appropria-
tions made available to the Department of Commerce by
this Act for salaries and expenses shall be available for hire
of passenger motor vehicles as authorized by 31 U.S.C. 1343
and 1344; services as authorized by 5 U.S.C. 3109; and uni-
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forms or allowances therefore, as authorized by law (5
U.S.C. 5901–5902).
SEC. 203. None of the funds made available by this
Act may be used to support the hurricane reconnaissance
aircraft and activities that are under the control of the
United States Air Force or the United States Air Force Re-
serve.
SEC. 204. Not to exceed 5 percent of any appropriation
made available for the current fiscal year for the Depart-
ment of Commerce in this Act may be transferred between
such appropriations, but no such appropriation shall be in-
creased by more than 10 percent by any such transfers: Pro-
vided, That any transfer pursuant to this section shall be
treated as a reprogramming of funds under section 605 of
this Act and shall not be available for obligation or expendi-
ture except in compliance with the procedures set forth in
that section.
SEC. 205. Any costs incurred by a department or agen-
cy funded under this title resulting from personnel actions
taken in response to funding reductions included in this
title or from actions taken for the care and protection of
loan collateral or grant property shall be absorbed within
the total budgetary resources available to such department
or agency: Provided, That the authority to transfer funds
between appropriations accounts as may be necessary to
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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 re-
programming of funds under section 605 of this Act and
shall not be available for obligation or expenditure except
in compliance with the procedures set forth in that section.
SEC. 206. The Secretary of Commerce may award con-
tracts for hydrographic, geodetic, and photogrammetric sur-
veying and mapping services in accordance with title IX
of the Federal Property and Administrative Services Act
of 1949 (40 U.S.C. 541 et seq.).
SEC. 207. The Secretary of Commerce may use the
Commerce franchise fund for expenses and equipment nec-
essary for the maintenance and operation of such adminis-
trative services as the Secretary determines may be per-
formed more advantageously as central services, pursuant
to section 403 of Public Law 103–356: Provided, That any
inventories, equipment, and other assets pertaining to the
services to be provided by such fund, either on hand or on
order, less the related liabilities or unpaid obligations, and
any appropriations made for the purpose of providing cap-
ital shall be used to capitalize such fund: Provided further,
That such fund shall be paid in advance from funds avail-
able to the Department and other Federal agencies for which
such centralized services are performed, at rates which will
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return in full all expenses of operation, including accrued
leave, depreciation of fund plant and equipment, amortiza-
tion of automated data processing (ADP) software and sys-
tems (either acquired or donated), and an amount necessary
to maintain a reasonable operating reserve, as determined
by the Secretary: Provided further, That such fund shall
provide services on a competitive basis: Provided further,
That an amount not to exceed 4 percent of the total annual
income to such fund may be retained in the fund for fiscal
year 2002 and each fiscal year thereafter, to remain avail-
able until expended, to be used for the acquisition of capital
equipment, and for the improvement and implementation
of department financial management, ADP, and other sup-
port systems: Provided further, That such amounts retained
in the fund for fiscal year 2002 and each fiscal year there-
after shall be available for obligation and expenditure only
in accordance with section 605 of this Act: Provided further,
That no later than 30 days after the end of each fiscal year,
amounts in excess of this reserve limitation shall be depos-
ited as miscellaneous receipts in the Treasury: Provided
further, That such franchise fund pilot program shall termi-
nate pursuant to section 403(f) of Public Law 103–356.
SEC. 208. Notwithstanding any other provision of law,
of the amounts made available elsewhere in this title to the
‘‘National Institute of Standards and Technology, Con-
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struction of Research Facilities’’, $5,000,000 is appro-
priated to fund a cooperative agreement with the Medical
University of South Carolina, $6,000,000 is appropriated
to the Thayer School of Engineering for the nanocrystalline
materials and biomass research initiative, $3,000,000 is ap-
propriated to the Institute for Information Infrastructure
Protection at the Institute for Security Technology Studies,
and $4,000,000 is appropriated for the Institute for Poli-
tics.
SEC. 209. (a) Notwithstanding any other provision of
law, the total amount of funds that may be transferred into
the ‘‘Working Capital Fund’’ in fiscal year 2002, or in any
fiscal year thereafter, may not exceed $117,000,000.
(b) All transfers of funds, functions, or personnel to
or from the Working Capital Fund in fiscal year 2002 and
any fiscal year thereafter shall be subject to section 605,
without regard to the amount of the reprogramming or the
purpose of the funds so reprogrammed.
(c) Of the amounts available under this section for sal-
aries of the staff of the Department of Commerce, the
amount obligated for that purpose before December 15,
2001, may not exceed $29,250,000.
(d)(1) Not later than December 15, 2001, the Secretary
of Commerce shall submit to the Committees on Appropria-
tions of the Senate and House of Representatives a report
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setting forth the proposed disbursements from the Working
Capital Fund during fiscal year 2002.
(2) Of the proposed disbursements in the report under
paragraph (1)—
(A) not more than $7,000,000 of the proposed
disbursements may be for the Commerce Administra-
tive Management System or support for the Com-
merce Administrative Management System Support
Center; and
(B) none of the proposed disbursements for that
System may be from or attributable to the National
Oceanic and Atmospheric Administration.
(3) Disbursements from the Working Capital Fund in
fiscal year 2002 may not be made until 15 days after the
date on which the report is submitted under paragraph (1).
(4) Any modification of a proposed disbursement from
the Working Capital Fund previously specified in the report
under paragraph (1) shall be treated as a reprogramming
of funds to which section 605 applies, without regard to
the amount of the modification or the purpose of the dis-
bursement, as so modified.
(5)(A) If a disbursement from the Working Capital
Fund in fiscal year 2002 will require any bureau or organi-
zation in the Department of Commerce to incur costs not
previously specified in the report under paragraph (1), the
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disbursement may not be made until 15 days after the date
on which such bureau or organization submits to the Com-
mittees on Appropriations of the Senate and House of Rep-
resentatives a Memorandum of Agreement providing for
such bureau or organization to incur such costs.
(B) Each Memorandum of Agreement under this para-
graph shall specify the provision of statute providing au-
thority for the disbursement concerned.
(e) Amounts in the ‘‘Advances and Reimbursements’’
account may not be used to assess or collect costs or charges
against or from any bureau or organization of the Depart-
ment of Commerce unless the costs or charges are incurred
for a project has been approved as a request for reprogram-
ming under section 605.
(f) The Office of Management and Budget shall issue
a quarterly Apportionment and Reapportionment Schedule,
and a Standard Form 133, for the Working Capital Fund
and the ‘‘Advances and Reimbursements’’ account based
upon the report required by subsection (d)(1).
SEC. 210. (a) Notwithstanding section 102 of the Ma-
rine Mammal Protection Act of 1972, as amended, or sec-
tion 9 of the Endangered Species Act of 1973, the Anchorage
Sister Cities Commission of Anchorage, Alaska, may export,
on a one-time basis, to the Town of Whitby, in the care
of the Scarborough Borough Council, Whitby, North York-
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shire, United Kingdom, two bowhead whale jawbones taken
as part of a legal subsistence hunt by Native Alaskans and
identified in U.S. Fish and Wildlife Service, Convention
on International Trade of Endangered Species, permit
01US037393/9.
(b) The Anchorage Sister Cities Commission shall no-
tify the National Marine Fisheries Service Office of En-
forcement 15 days prior to shipment to ensure compliance
with all applicable export requirements.
This title may be cited as the ‘‘Department of Com-
merce and Related Agencies Appropriations Act, 2002’’.
TITLE III—THE JUDICIARY
SUPREME COURT OF THE UNITED STATES
SALARIES AND EXPENSES
For expenses necessary for the operation of the Su-
preme Court, as required by law, excluding care of the
building and grounds, including purchase or hire, driving,
maintenance, and operation of an automobile for the Chief
Justice, not to exceed $10,000 for the purpose of trans-
porting Associate Justices, and hire of passenger motor ve-
hicles as authorized by 31 U.S.C. 1343 and 1344; not to
exceed $10,000 for official reception and representation ex-
penses; and for miscellaneous expenses, to be expended as
the Chief Justice may approve, $39,988,000.
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CARE OF THE BUILDING AND GROUNDS
For such expenditures as may be necessary to enable
the Architect of the Capitol to carry out the duties imposed
upon the Architect by the Act approved May 7, 1934 (40
U.S.C. 13a–13b), $7,530,000, of which $4,460,000 shall re-
main available until expended.
UNITED STATES COURT OF APPEALS FOR THE FEDERAL
CIRCUIT
SALARIES AND EXPENSES
For salaries of the chief judge, judges, and other officers
and employees, and for necessary expenses of the court, as
authorized by law, $19,372,000.
UNITED STATES COURT OF INTERNATIONAL TRADE
SALARIES AND EXPENSES
For salaries of the chief judge and eight judges, salaries
of the officers and employees of the court, services as author-
ized by 5 U.S.C. 3109, and necessary expenses of the court,
as authorized by law, $13,054,000.
COURTS OF APPEALS, DISTRICT COURTS, AND OTHER
JUDICIAL SERVICES
SALARIES AND EXPENSES
For the salaries of circuit and district judges (includ-
ing judges of the territorial courts of the United States),
justices and judges retired from office or from regular active
service, judges of the United States Court of Federal Claims,
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bankruptcy judges, magistrate judges, and all other officers
and employees of the Federal Judiciary not otherwise spe-
cifically provided for, and necessary expenses of the courts,
as authorized by law, $3,559,012,000 (including the pur-
chase of firearms and ammunition); of which not to exceed
$27,817,000 shall remain available until expended for space
alteration projects and for furniture and furnishings related
to new space alteration and construction projects: Provided,
That, of the amount made available under this heading,
$33,000, shall be transferred to, and merged with, funds in
the ‘‘Salaries and Expenses, United States Marshals Serv-
ice’’ appropriations account in title I of the Act, to be avail-
able only for court operations in Lander, Wyoming.
In addition, for expenses of the United States Court
of Federal Claims associated with processing cases under
the National Childhood Vaccine Injury Act of 1986, not to
exceed $2,692,000, to be appropriated from the Vaccine In-
jury Compensation Trust Fund.
DEFENDER SERVICES
For the operation of Federal Public Defender and
Community Defender organizations; the compensation and
reimbursement of expenses of attorneys appointed to rep-
resent persons under the Criminal Justice Act of 1964, as
amended; the compensation and reimbursement of expenses
of persons furnishing investigative, expert and other services
under the Criminal Justice Act of 1964 (18 U.S.C.