year leases) in the District of Columbia and elsewhere, and
not to exceed $3,000 for official reception and representa-
tion expenses, $109,500,000 from fees collected in fiscal
year 2002 to remain available until expended, and from
fees collected in previous fiscal years, $328,400,000, to re-
main available until expended; of which not to exceed
$10,000 may be used toward funding a permanent secre-
tariat 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,
appropriate representatives and staff to exchange views
concerning developments relating to securities matters, de-
velopment and implementation of cooperation agreements
concerning securities matters and provision of technical
assistance for the development of foreign securities mar-
kets, such expenses to include necessary logistic and ad-
ministrative expenses and the expenses of Commission
staff and foreign invitees in attendance at such consulta-
tions 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 col-
lections.
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 representa-
tion expenses, $303,581,000 (increased by $7,000,000):
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, notwithstanding 31
U.S.C. 3302, revenues received from all such activities
shall be credited to this account, to be available for car-
rying out these purposes without further appropriations.
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.),
$11,927,000.
BUSINESS LOANS PROGRAM ACCOUNT
For the cost of direct loans, $1,500,000, to be avail-
able until expended; and for the cost of guaranteed loans,
$77,000,000 (increased by $10,000,000), 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 $3,750,000,000: Provided fur-
ther, That during fiscal year 2002 commitments for gen-
eral 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 Com-
mittees on Appropriations of the House of Representatives
and Senate in accordance with section 605 of this Act:
Provided further, That during fiscal year 2002 guarantee
commitments 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 (15 U.S.C. 631 note).
In addition, for administrative expenses to carry out
the direct and guaranteed loan programs, $129,000,000,
which may be transferred to and merged with the appro-
priations 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, $84,510,000, 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, $120,354,000, which may be
transferred to and merged with appropriations for Salaries
and Expenses, of which $500,000 is for the Office of In-
spector 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 ap-
propriations for the Office of Inspector General; of which
$110,000,000 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 ex-
penses: Provided, That any amount in excess of
$9,854,000 to be transferred to and merged with appro-
priations 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 avail-
able 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 this paragraph
shall be treated as a reprogramming of funds under sec-
tion 605 of this Act and shall not be available for obliga-
tion or expenditure except in compliance with the proce-
dures set forth in that section.
STATE JUSTICE INSTITUTE
SALARIES AND EXPENSES
For necessary expenses of the State Justice Institute,
as authorized by the State Justice Institute Authorization
Act of 1992 (Public Law 102–572; 106 Stat. 4515–4516),
$6,835,000, to remain available until expended: Provided,
That not to exceed $2,500 shall be available for official
reception and representation expenses.
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 procure-
ment contract, pursuant 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 ex-
isting Executive order issued pursuant to existing law.
SEC. 604. If any provision of this Act or the applica-
tion of such provision to any person or circumstances shall
be held invalid, the remainder of the Act and the applica-
tion of each provision to persons or circumstances other
than those as to which it is held invalid shall not be af-
fected 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 obli-
gation 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;
100
(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) reorga-
nizes offices, programs, or activities; or (6) contracts out
or privatizes any functions or activities presently per-
formed by Federal employees; unless the Appropriations
Committees of both Houses of Congress are notified 15
days in advance of such reprogramming of funds.
(b) None of the funds provided under this Act, or
provided under previous appropriations Acts to the agen-
cies 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 reprogram-
ming 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 program, 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 pro-
grams, activities, or projects as approved by Congress; un-
less the Appropriations Committees of both Houses of
101
Congress are notified 15 days in advance of such re-
programming 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 Ad-
ministration in shipyards located outside of the United
States.
SEC. 607. (a) PURCHASE
OF
AMERICAN-MADE
EQUIPMENT AND PRODUCTS.—It is the sense of the Con-
gress that, to the greatest extent practicable, all equip-
ment 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 enti-
ty 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 intentionally affixed a label bear-
ing a ‘‘Made in America’’ inscription, or any inscription
with the same meaning, to any product sold in or shipped
102
to the United States that is not made in the United
States, the person shall be ineligible to receive any con-
tract or subcontract made with funds made available in
this Act, pursuant to the debarment, suspension, and ineli-
gibility procedures described in sections 9.400 through
9.409 of title 48, Code of Federal Regulations.
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 Com-
mission covering harassment 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 au-
thority to obligate or expend such funds: (1) that the
United Nations undertaking is a peacekeeping mission; (2)
that such undertaking will involve United States Armed
Forces under the command or operational control of a for-
eign national; and (3) that the President’s military advi-
sors have not submitted to the President a recommenda-
tion that such involvement is in the national security inter-
103
ests of the United States and the President has not sub-
mitted to the Congress such a recommendation.
SEC. 610. (a) None of the funds appropriated or oth-
erwise made available by this Act shall be expended for
any purpose for which appropriations are prohibited by
section 609 of the Departments 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. None of the funds made available in this
Act shall be used to provide the following amenities or per-
sonal comforts in the Federal prison system—
(1) in-cell television viewing except for prisoners
who are segregated from the general prison popu-
lation for their own safety;
(2) the viewing of R, X, and NC–17 rated mov-
ies, 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
104
(5) the use or possession of any electric or elec-
tronic musical instrument.
SEC. 612. None of the funds made available in title
II for the National Oceanic and Atmospheric Administra-
tion (NOAA) under the headings ‘‘Operations, Research,
and Facilities’’ and ‘‘Procurement, Acquisition and Con-
struction’’ may be used to implement sections 603, 604,
and 605 of Public Law 102–567: Provided, That NOAA
may develop a modernization plan for its fisheries research
vessels that takes fully into account opportunities for con-
tracting for fisheries surveys.
SEC. 613. Any costs incurred by a department or
agency funded under this Act resulting from personnel ac-
tions taken in response to funding reductions included in
this Act shall be absorbed within the total budgetary re-
sources available to such department or agency: Provided,
That the authority to transfer funds between appropria-
tions accounts as may be necessary to carry out this sec-
tion is provided in addition to authorities included else-
where 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 expenditure except in compli-
ance with the procedures set forth in that section.
105
SEC. 614. Hereafter, none of the funds made avail-
able in this Act 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 Enforcement 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 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 emer-
gency situation or a hot pursuit (as such terms are defined
by State law) with the same or better level of health insur-
ance benefits at the time of retirement or separation as
they received while on duty.
106
SEC. 616. None of the funds provided by this Act
shall be available to promote the sale or export of tobacco
or tobacco products, 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 oth-
erwise made available by this Act shall be expended for
any purpose for which appropriations are prohibited by
section 616 of the Departments 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 fis-
cal 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 implementation of 18 U.S.C. 922(t); and (2) any
system to implement 18 U.S.C. 922(t) that does not re-
quire and result in the destruction of any identifying infor-
107
mation submitted by or on behalf of any person who has
been determined not to be prohibited from owning a fire-
arm.
SEC. 619. Notwithstanding any other provision of
law, amounts deposited or available in the Fund estab-
lished under 42 U.S.C. 10601 in any fiscal year in excess
of $575,000,000 shall not be available for obligation until
the following fiscal year.
SEC. 620. None of the funds made available to the
Department of Justice in this Act may be used to discrimi-
nate 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 in this Act
shall be available for the purpose of granting either immi-
grant or nonimmigrant visas, or both, consistent with the
Secretary’s determination under section 243(d) of the Im-
migration and Nationality Act, to citizens, subjects, na-
tionals, or residents of countries that the Attorney General
has determined deny or unreasonably delay accepting the
return of citizens, subjects, nationals, or residents under
that section.
SEC. 622. None of the funds made available to the
Department of Justice in this Act may be used for the
108
purpose of transporting an individual who is a prisoner
pursuant to conviction for crime under State or Federal
law and is classified as a maximum or high security pris-
oner, 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. No funds appropriated or otherwise made
available under this Act shall be made available to any
person or entity that has been convicted of violating the
Buy American Act (41 U.S.C. 10a–10c).
SEC. 624. None of the funds appropriated in title I
of this Act may be used to prohibit States from partici-
pating in voluntary child safety gun lock programs.
SEC. 625. None of the funds appropriated in this Act
may be used to negotiate or pay any request or claim by
the Government of the People’s Republic of China for re-
imbursement of the costs associated with the detention of
the crewmembers of the United States Navy EP–3 aircraft
that was forced to land on Hainan Island, China, on April
1, 2001, or for reimbursement of any of the costs associ-
ated with the return of the aircraft to the United States.
SEC. 626. None of the funds made available in this
Act may be used by the Department of Justice or the De-
partment of State to file a motion in any court opposing
a civil action against any Japanese person or corporation
109
for compensation or reparations in which the plaintiff al-
leges that, as an American prisoner of war during World
War II, he or she was used as slave or forced labor.
TITLE VII—RESCISSIONS
DEPARTMENT OF COMMERCE
DEPARTMENTAL MANAGEMENT
EMERGENCY OIL AND GAS GUARANTEED LOAN PROGRAM
ACCOUNT
(RESCISSION)
Of the unobligated balances available under this
heading from prior year appropriations, $115,000,000 are
rescinded.
EMERGENCY STEEL GUARANTEED LOAN PROGRAM
ACCOUNT
(RESCISSION)
Of the unobligated balances available under this
heading from prior year appropriations, $10,000,000 are
rescinded.
This Act may be cited as the ‘‘Departments of Com-
merce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act, 2002’’.
Passed the House of Representatives July 18, 2001.
Attest:
Clerk.
107TH CONGRESS
1ST SESSION
H. R. 2500
AN ACT
Making appropriations for the Departments of
Commerce, Justice, and State, the Judiciary, and
related agencies for the fiscal year ending Sep-
tember 30, 2002, and for other purposes.