H. R. 2500—19
and functions, into the Office of Justice Programs, for fiscal year
2002 and thereafter.
SEC. 114. (a) Notwithstanding any provision of title III of the
Immigration and Nationality Act (8 U.S.C. 1401 et seq.), the
Attorney General shall provide, in accordance with this section,
for the granting of posthumous citizenship, as of September 10,
2001, to a person described in subsection (b), if the Attorney General
approves an application for such citizenship filed under subsection
(e).
(b) A person referred to in subsection (a) is a person who—
(1) while an alien or a noncitizen national of the United
States, died as a result of an injury incurred in one or more
of the events described in subsection (c);
(2) was not culpable for any of such events; and
(3) on September 11, 2001, had pending an application
for naturalization filed with the Attorney General by the person.
(c)(1) The events described in this subsection are the following:
(A) The hijacking of American Airlines Flight 11 on Sep-
tember 11, 2001, the crash of that aircraft into the World
Trade Center in New York, New York, and the subsequent
destruction that resulted.
(B) The hijacking of United Airlines Flight 175 on such
date, the crash of that aircraft into the World Trade Center
in New York, New York, and the subsequent destruction that
resulted.
(C) The hijacking of American Airlines Flight 77 on such
date, the crash of that aircraft into the Pentagon in Arlington,
Virginia, and the subsequent destruction that resulted.
(D) The hijacking of United Airlines Flight 93 on such
date, and the crash of that aircraft in Stony Creek Township,
Pennsylvania.
(2) Any person who died as a result of an injury incurred
while assisting in the emergency response to an event described
in paragraph (1) (such as military personnel, law enforcement offi-
cers, firefighters, emergency management personnel, search and
rescue personnel, medical personnel, engineers and other personnel
providing technical assistance, and volunteers) shall be considered
to have died as a result of an injury incurred in such event.
(d)(1) Unless otherwise provided by this section, no person
may be granted posthumous citizenship under this section who
would not otherwise have been eligible for naturalization on the
date of the person’s death. Unless otherwise provided by this sec-
tion, any provision of law that specifically bars or prohibits a
person from being naturalized as a citizen of the United States
shall be applied to the granting of posthumous citizenship under
this section.
(2) Notwithstanding section 312 of the Immigration and Nation-
ality Act (8 U.S.C. 1423), or any similar provision of law requiring
that a person demonstrate an understanding of the English lan-
guage or a knowledge and understanding of the fundamentals of
the history, and of the principles and form of government, of the
United States in order to be naturalized, no such demonstration
shall be required for the granting of posthumous citizenship under
this section.
(3) No oath of renunciation or allegiance shall be required
for the granting of posthumous citizenship under this section.
H. R. 2500—20
(4) To the maximum extent practicable, the investigation and
examination described in section 335 of the Immigration and
Nationality Act (8 U.S.C. 1446) shall be conducted with respect
to an application described in subsection (b)(3) in the same manner
as they otherwise would have been conducted if the subject of
the application had not died.
(e) A request for the granting of posthumous citizenship to
a person described in subsection (b) may be filed on behalf of
the person only by the next of kin (as defined by the Attorney
General) or another representative (as defined by the Attorney
General), and must be filed not later than 2 years after the later
of—
(1) the date of the enactment of this section; or
(2) the date of the person’s death.
(f) If the Attorney General approves such a request to grant
a person posthumous citizenship, the Attorney General shall send
to the individual who filed the request a suitable document which
states that the United States considers the person to have been
a citizen of the United States as of September 10, 2001.
(g) Nothing in this section shall be construed as providing
for any benefits under the Immigration and Nationality Act for
any spouse, son, daughter, or other relative of a person granted
posthumous citizenship under this section.
(h)(1) Notwithstanding section 341 of the Immigration and
Nationality Act (8 U.S.C. 1452), the Attorney General shall provide,
in accordance with this subsection, for the furnishing of a certificate
of citizenship to a person described in paragraph (4), if the Attorney
General approves under paragraph (3) an application for such cer-
tificate described in paragraph (2).
(2) An application described in this paragraph is an application
for a certificate of citizenship that was—
(A) filed with the Attorney General under such section
341 by a person who subsequently died as a result of an
injury incurred in one or more of the events described in section
114(c) and who was not culpable for any of such events; and
(B) pending on September 11, 2001.
(3) The Attorney General shall consider an application described
in paragraph (2) pursuant to the standards under such section
341 and shall approve the application if the applicant would have
been eligible to receive a certificate of citizenship on September
11, 2001, if the applicant had not died, except that the requirements
of such section relating to the oath of allegiance and presence
within the United States shall not apply.
(4) A request for a certificate of citizenship under this sub-
section may be filed only by the next of kin (as defined by the
Attorney General) or another representative (as defined by the
Attorney General) of the applicant described in paragraph (2), and
must be filed not later than 2 years after the later of—
(A) the date of the enactment of this section; or
(B) the date of the applicant’s death.
(i)(1) Notwithstanding section 322 of the Immigration and
Nationality Act (8 U.S.C. 1433), the Attorney General shall provide,
in accordance with this subsection, for the furnishing of a certificate
of citizenship to a parent described in paragraph (2), if, upon
the request of the parent, the Attorney General approves under
paragraph (3) an application for naturalization described in para-
graph (2).
H. R. 2500—21
(2) An application described in this paragraph is an application
for naturalization that was—
(A) filed with the Attorney General under such section
322 by a parent of a child who subsequently died as a result
of an injury incurred in one or more of the events described
in section 114(c) and who was not culpable for any of such
events; and
(B) pending on September 11, 2001.
(3) The Attorney General shall consider an application described
in paragraph (2) pursuant to the standards under such section
322 and shall approve the application if the child would have
been eligible to receive a certificate of citizenship on September
11, 2001, if the child had not died, except that the requirements
of such section relating to the oath of allegiance shall not apply.
SEC. 115. (a) Section 231(a) of the Immigration and Nationality
Act, 8 U.S.C. 1221(a), is amended to read—
‘‘(a) ARRIVAL MANIFEST; FORM AND CONTENTS.—With respect
to the arrival of any person by water or by air at any port within
the United States from any place outside the United States, it
shall be the duty of the master or commanding officer, or authorized
agent, owner, or consignee, of the vessel or aircraft transporting
such person to deliver to the Service at the port of arrival a
list or manifest of the persons transported on such vessel or aircraft.
The Attorney General is authorized to extend, by regulation, the
requirements of this subsection to any public or private carrier
transporting persons by land to the United States. Such list or
manifest shall be prepared and delivered at such time, be in such
form, and shall contain such information as the Attorney General
shall prescribe by regulation as being necessary for the identifica-
tion of the persons transported and for the enforcement of the
immigration laws. The Attorney General may require in such regu-
lations that the list or manifest be delivered electronically prior
to boarding the vessel, aircraft, train or bus at the place of depar-
ture, or at such other time reasonably in advance of the arrival
of the vessel, aircraft, train or bus in the United States as the
Attorney General may direct.’’.
(b) Section 231(b) of the Immigration and Nationality Act is
amended to read—
‘‘(b) DEPARTURE MANIFEST; FORM AND CONTENTS.—It shall be
the duty of the master or commanding officer or authorized agent
of every vessel or aircraft taking passengers on board at any port
of the United States, who are destined to any place outside the
United States, to file with the immigration officers before departure
from such port a list or manifest of all such persons transported.
The Attorney General is authorized to extend, by regulation, the
requirements of this subsection to any public or private carrier
transporting persons by land from the United States. Such list
or manifest shall be prepared and delivered at such time, be in
such form, and shall contain such information as the Attorney
General shall prescribe by regulation as being necessary for the
identification of the persons transported and for the enforcement
of the immigration laws. The Attorney General may require in
such regulations that the list or manifest be delivered electronically
prior to boarding the vessel, aircraft, train or bus at the place
of departure, or at such other time reasonably in advance of the
departure of the vessel, aircraft, train or bus from the United
H. R. 2500—22
States as the Attorney General may direct. No master or com-
manding officer of any such vessel or aircraft, or operator of any
private or public carrier, shall be granted clearance papers until
he or the authorized agent has complied with the requirements
of this subsection, except that in the case of vessels, aircraft, trains
or buses which the Attorney General determines are making regular
trips to the United States, the Attorney General may, when expe-
dient, arrange for the delivery of lists of outgoing persons at a
later date.’’.
(c) Section 231(d) of the Immigration and Nationality Act is
amended by—
(1) In the heading, striking ‘‘Shipments or Aircraft’’ and
inserting in lieu thereof, ‘‘Shipments, Aircraft or Carriers’’;
(2) In the first sentence, inserting ‘‘, any public or private
carrier,’’ after ‘‘or aircraft,’’; and
(3) In the second sentence, striking ‘‘vessel or aircraft’’
and inserting in lieu thereof, ‘‘vessel, aircraft, train or bus’’.
This title may be cited as the ‘‘Department of Justice Appropria-
tions Act, 2002’’.
TITLE II—DEPARTMENT OF COMMERCE AND RELATED
AGENCIES
TRADE AND INFRASTRUCTURE DEVELOPMENT
RELATED AGENCIES
OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
SALARIES AND EXPENSES
For necessary expenses of the Office of the United States Trade
Representative, including the hire of passenger motor vehicles and
the employment of experts and consultants as authorized by 5
U.S.C. 3109, $30,097,000, of which $1,000,000 shall remain avail-
able until expended: Provided, That not to exceed $98,000 shall
be available for official reception and representation expenses.
INTERNATIONAL TRADE COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the International Trade Commission,
including hire of passenger motor vehicles, and services as author-
ized by 5 U.S.C. 3109, and not to exceed $2,500 for official reception
and representation expenses, $51,440,000, to remain available until
expended.
DEPARTMENT OF COMMERCE
INTERNATIONAL TRADE ADMINISTRATION
OPERATIONS AND ADMINISTRATION
For necessary expenses for international trade activities of
the Department of Commerce provided for by law, and for engaging
in trade promotional activities abroad, including expenses of grants
and cooperative agreements for the purpose of promoting exports
of United States firms, without regard to 44 U.S.C. 3702 and
H. R. 2500—23
3703; full medical coverage for dependent members of immediate
families of employees stationed overseas and employees temporarily
posted overseas; travel and transportation of employees of the
United States and Foreign Commercial Service between two points
abroad, without regard to 49 U.S.C. 1517; employment of Americans
and aliens by contract for services; rental of space abroad for
periods not exceeding 10 years, and expenses of alteration, repair,
or improvement; purchase or construction of temporary demount-
able exhibition structures for use abroad; payment of tort claims,
in the manner authorized in the first paragraph of 28 U.S.C. 2672
when such claims arise in foreign countries; not to exceed $327,000
for official representation expenses abroad; purchase of passenger
motor vehicles for official use abroad, not to exceed $30,000 per
vehicle; obtaining insurance on official motor vehicles; and rental
of tie lines, $347,547,000, to remain available until expended, of
which $3,000,000 is to be derived from fees to be retained and
used by the International Trade Administration, notwithstanding
31 U.S.C. 3302: Provided, That $67,669,000 shall be for Trade
Development, $27,741,000 shall be for Market Access and Compli-
ance, $43,346,000 shall be for the Import Administration,
$195,791,000 shall be for the United States and Foreign Commercial
Service, and $13,000,000 shall be for Executive Direction and
Administration: Provided further, That the provisions of the first
sentence of section 105(f) and all of section 108(c) of the Mutual
Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f)
and 2458(c)) shall apply in carrying out these activities without
regard to section 5412 of the Omnibus Trade and Competitiveness
Act of 1988 (15 U.S.C. 4912); and that for the purpose of this
Act, contributions under the provisions of the Mutual Educational
and Cultural Exchange Act shall include payment for assessments
for services provided as part of these activities.
EXPORT ADMINISTRATION
OPERATIONS AND ADMINISTRATION
For necessary expenses for export administration and national
security activities of the Department of Commerce, including costs
associated with the performance of export administration field
activities both domestically and abroad; full medical coverage for
dependent members of immediate families of employees stationed
overseas; employment of Americans and aliens by contract for serv-
ices abroad; payment of tort claims, in the manner authorized
in the first paragraph of 28 U.S.C. 2672 when such claims arise
in foreign countries; not to exceed $15,000 for official representation
expenses abroad; awards of compensation to informers under the
Export Administration Act of 1979, and as authorized by 22 U.S.C.
401(b); purchase of passenger motor vehicles for official use and
motor vehicles for law enforcement use with special requirement
vehicles eligible for purchase without regard to any price limitation
otherwise established by law, $68,893,000, to remain available until
expended, of which $7,250,000 shall be for inspections and other
activities related to national security: Provided, That the provisions
of the first sentence of section 105(f) and all of section 108(c)
of the Mutual Educational and Cultural Exchange Act of 1961
(22 U.S.C. 2455(f) and 2458(c)) shall apply in carrying out these
activities: Provided further, That payments and contributions col-
lected and accepted for materials or services provided as part of
H. R. 2500—25
$24,462,000 is for Automated Data Processing and Telecommuni-
cations Support; $22,844,000 is for Testing and Evaluation;
$3,105,000 is for activities related to Puerto Rico, the Virgin Islands
and Pacific Areas; and $2,436,000 is for Marketing, Communications
and Partnership activities.
In addition, for expenses related to planning, testing, and imple-
menting the 2010 decennial census, $65,000,000.
In addition, for expenses to collect and publish statistics for
other periodic censuses and programs provided for by law,
$171,138,000, to remain available until expended: Provided, That
regarding engineering and design of a facility at the Suitland Fed-
eral Center, quarterly reports regarding the expenditure of funds
and project planning, design and cost decisions shall be provided
by the Bureau, in cooperation with the General Services Administra-
tion, to the Committees on Appropriations of the Senate and the
House of Representatives: Provided further, That none of the funds
provided in this Act or any other Act under the heading ‘‘Bureau
of the Census, Periodic Censuses and Programs’’ shall be used
to fund the construction and tenant build-out costs of a facility
at the Suitland Federal Center.
NATIONAL TELECOMMUNICATIONS AND INFORMATION
ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses, as provided for by law, of the National
Telecommunications 
and 
Information 
Administration 
(NTIA),
$14,054,000, to remain available until expended: Provided, That,
notwithstanding 31 U.S.C. 1535(d), the Secretary of Commerce shall
charge Federal agencies for costs incurred in spectrum management,
analysis, and operations, and related services and such fees shall
be retained and used as offsetting collections for costs of such
spectrum services, to remain available until expended: Provided
further, That hereafter, notwithstanding any other provision of law,
NTIA shall not authorize spectrum use or provide any spectrum
functions pursuant to the National Telecommunications and
Information Administration Organization Act, 47 U.S.C. 902–903,
to any Federal entity without reimbursement as required by NTIA
for such spectrum management costs, and Federal entities with-
holding payment of such cost shall not use spectrum: Provided
further, That the Secretary of Commerce is authorized to retain
and use as offsetting collections all funds transferred, or previously
transferred, from other Government agencies for all costs incurred
in telecommunications research, engineering, and related activities
by the Institute for Telecommunication Sciences of NTIA, in further-
ance of its assigned functions under this paragraph, and such
funds received from other Government agencies shall remain avail-
able until expended.
PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING AND
CONSTRUCTION
For grants authorized by section 392 of the Communications
Act of 1934, as amended, $43,466,000, to remain available until
expended as authorized by section 391 of the Act, as amended:
Provided, That not to exceed $2,358,000 shall be available for
program administration as authorized by section 391 of the Act:
H. R. 2500—26
Provided further, That, notwithstanding the provisions of section
391 of the Act, the prior year unobligated balances may be made
available for grants for projects for which applications have been
submitted and approved during any fiscal year.
INFORMATION INFRASTRUCTURE GRANTS
For grants authorized by section 392 of the Communications
Act of 1934, as amended, $15,503,000, to remain available until
expended as authorized by section 391 of the Act, as amended:
Provided, That not to exceed $3,097,000 shall be available for
program administration and other support activities as authorized
by section 391: Provided further, That, of the funds appropriated
herein, not to exceed 5 percent may be available for telecommuni-
cations research activities for projects related directly to the
development of a national information infrastructure: Provided fur-
ther, That, notwithstanding the requirements of sections 392(a)
and 392(c) of the Act, these funds may be used for the planning
and construction of telecommunications networks for the provision
of educational, cultural, health care, public information, public
safety, or other social services: Provided further, That, notwith-
standing any other provision of law, no entity that receives tele-
communications services at preferential rates under section 254(h)
of the Act (47 U.S.C. 254(h)) or receives assistance under the
regional information sharing systems grant program of the Depart-
ment of Justice under part M of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796h) may use
funds under a grant under this heading to cover any costs of
the entity that would otherwise be covered by such preferential
rates or such assistance, as the case may be.
UNITED STATES PATENT AND TRADEMARK OFFICE
SALARIES AND EXPENSES
For necessary expenses of the United States Patent and Trade-
mark Office provided for by law, including defense of suits instituted
against the Under Secretary of Commerce for Intellectual Property
and Director of the United States Patent and Trademark Office,
$843,701,000, to remain available until expended, which amount
shall be derived from offsetting collections assessed and collected
pursuant to 15 U.S.C. 1113 and 35 U.S.C. 41 and 376, and shall
be retained and used for necessary expenses in this appropriation:
Provided, That the sum herein appropriated from the general fund
shall be reduced as such offsetting collections are received during
fiscal year 2002, so as to result in a fiscal year 2002 appropriation
from the general fund estimated at $0: Provided further, That
during fiscal year 2002, should the total amount of offsetting fee
collections be less than $843,701,000, the total amounts available
to the United States Patent and Trademark Office shall be reduced
accordingly: Provided further, That an additional amount not to
exceed $282,300,000 from fees collected in prior fiscal years shall
be available for obligation in fiscal year 2002, to remain available
until expended: Provided further, That from amounts provided
herein, not to exceed $1,000 shall be made available in fiscal year
2002 for official reception and representation expenses.
H. R. 2500—27
SCIENCE AND TECHNOLOGY
TECHNOLOGY ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses for the Under Secretary for Technology/
Office of Technology Policy, $8,238,000.
NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY
SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES
For necessary expenses of the National Institute of Standards
and Technology, $321,111,000, to remain available until expended,
of which not to exceed $282,000 may be transferred to the ‘‘Working
Capital Fund’’.
INDUSTRIAL TECHNOLOGY SERVICES
For necessary expenses of the Manufacturing Extension Part-
nership of the National Institute of Standards and Technology,
$106,522,000, to remain available until expended: Provided, That
the Secretary of Commerce is authorized to enter into agreements
with one or more nonprofit organizations for the purpose of carrying
out collective research and development initiatives pertaining to
15 U.S.C. 278k paragraph (a), and is authorized to seek and accept
contributions from public and private sources to support these
efforts as necessary.
In addition, for necessary expenses of the Advanced Technology
Program of the National Institute of Standards and Technology,
$184,500,000, to remain available until expended, of which not
to exceed $60,700,000 shall be available for the award of new
grants.
CONSTRUCTION OF RESEARCH FACILITIES
For construction of new research facilities, including architec-
tural and engineering design, and for renovation of existing facili-
ties, not otherwise provided for the National Institute of Standards
and Technology, as authorized by 15 U.S.C. 278c–278e, $62,393,000,
to remain available until expended.
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
OPERATIONS, RESEARCH, AND FACILITIES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of activities authorized by law for the
National Oceanic and Atmospheric Administration, including
maintenance, operation, and hire of aircraft; grants, contracts, or
other payments to nonprofit organizations for the purposes of con-
ducting activities pursuant to cooperative agreements; and reloca-
tion of facilities as authorized by 33 U.S.C. 883i, $2,253,697,000,
to remain available until expended: Provided, That fees and dona-
tions received by the National Ocean Service for the management
of the national marine sanctuaries may be retained and used for
the salaries and expenses associated with those activities, notwith-
standing 31 U.S.C. 3302: Provided further, That, in addition,
H. R. 2500—28
$68,000,000 shall be derived by transfer from the fund entitled
‘‘Promote and Develop Fishery Products and Research Pertaining
to American Fisheries’’: Provided further, That grants to States
pursuant to sections 306 and 306A of the Coastal Zone Management
Act of 1972, as amended, shall not exceed $2,000,000: Provided
further, That, of the $2,341,697,000 provided for in direct obligations
under this heading (of which $2,253,697,000 is appropriated from
the General Fund, $71,000,000 is provided by transfer, and
$17,000,000 is derived from deobligations from prior years),
$413,911,000 shall be for the National Ocean Service, $579,196,000
shall be for the National Marine Fisheries Service, $356,062,000
shall be for Oceanic and Atmospheric Research, $672,355,000 shall
be for the National Weather Service, $139,627,000 shall be for
the National Environmental Satellite, Data, and Information
Service, and $180,546,000 shall be for Program Support: Provided
further, That, hereafter, habitat conservation activities under this
heading shall be considered to be within the ‘‘Coastal Assistance
sub-category’’ in section 250(c)(4)(K) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended: Provided fur-
ther, That, of the amount provided under this heading, $223,273,000
shall be for the conservation activities defined in section 250(c)(4)(K)
of the Balanced Budget and Emergency Deficit Control Act of 1985,
as amended: Provided further, That no general administrative
charge shall be applied against an assigned activity included in
this Act and, further, that any direct administrative expenses
applied against an assigned activity shall be limited to 5 percent
of the funds provided for that assigned activity so that total National
Oceanic and Atmospheric Administration administrative expenses
shall not exceed $265,025,000: Provided further, That any use of
deobligated balances of funds provided under this heading in pre-
vious years shall be subject to the procedures set forth in section
605 of this Act: Provided further, That of the amounts provided,
$3,000,000 shall be derived by transfer from the fund entitled
‘‘Coastal Zone Management’’: Provided further, That the Secretary
may proceed as he deems necessary to have the National Oceanic
and Atmospheric Administration occupy and operate its research
facilities which are located at Lafayette, Louisiana: Provided fur-
ther, That the R/V FAIRWEATHER shall be homeported in Ketch-
ikan, Alaska.
In addition, for necessary retired pay expenses under the
Retired Serviceman’s Family Protection and Survivor Benefits Plan,
and for payments for medical care of retired personnel and their
dependents under the Dependents Medical Care Act (10 U.S.C.
ch. 55), such sums as may be necessary.
PROCUREMENT, ACQUISITION AND CONSTRUCTION
(INCLUDING TRANSFERS OF FUNDS)
For procurement, acquisition and construction of capital assets,
including alteration and modification costs, of the National Oceanic
and Atmospheric Administration, $836,552,000, to remain available
until expended: Provided, That unexpended balances of amounts
previously made available in the ‘‘Operations, Research, and Facili-
ties’’ account for activities funded under this heading may be trans-
ferred to and merged with this account, to remain available until
expended for the purposes for which the funds were originally
appropriated: Provided further, That of the amounts provided for