H. R. 2500—29
the National Polar-orbiting Operational Environmental Satellite
System, funds shall only be made available on a dollar for dollar
matching basis with funds provided for the same purpose by the
Department of Defense: Provided further, That of the amount pro-
vided under this heading for expenses necessary to carry out con-
servation activities defined in section 250(c)(4)(E) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended,
including funds for the Coastal and Estuarine Land Conservation
Program, $58,487,000 to remain available until expended: Provided
further, That the Secretary shall establish a Coastal and Estuarine
Land Conservation Program, for the purpose of protecting important
coastal and estuarine areas that have significant conservation,
recreation, ecological, historical, or aesthetic values, or that are
threatened by conversion from their natural or recreational state
to other uses: Provided further, That by September 30, 2002, the
Secretary shall issue guidelines for this program delineating the
criteria for grant awards: Provided further, That the Secretary
shall distribute these funds in consultation with the States’ Coastal
Zone Managers’ or Governors’ designated representatives based on
demonstrated need and ability to successfully leverage funds, and
shall give priority to lands which can be effectively managed and
protected and which have significant ecological value: Provided
further, That grants funded under this program shall require a
100 percent match from other sources: Provided further, That none
of the funds provided in this Act or any other Act under the
heading ‘‘National Oceanic and Atmospheric Administration,
Procurement, Acquisition and Construction’’ shall be used to fund
the General Services Administration’s standard construction and
tenant build-out costs of a facility at the Suitland Federal Center.
PACIFIC COASTAL SALMON RECOVERY
For necessary expenses associated with the restoration of
Pacific salmon populations and the implementation of the 1999
Pacific Salmon Treaty Agreement between the United States and
Canada, $110,000,000: Provided, That this amount shall be for
the conservation activities defined in section 250(c)(4)(E) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
In addition, for implementation of the 1999 Pacific Salmon
Treaty Agreement, $47,419,000, of which $20,000,000 shall be
deposited in the Northern Boundary and Transboundary Rivers
Restoration and Enhancement Fund, of which $20,000,000 shall
be deposited in the Southern Boundary Restoration and Enhance-
ment Fund, of which $5,419,000 shall be for a final direct payment
to the State of Washington for obligations under the 1999 Pacific
Salmon Treaty Agreement, and of which $2,000,000 is for the Pacific
Salmon Commission: Provided, That this amount shall be for the
conservation activities defined in section 250(c)(4)(E) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
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 ‘‘Operations, Research, and
Facilities’’ account to offset the costs of implementing such Act.
H. R. 2500—30
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 receipts 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 Conservation and Manage-
ment 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 Budget 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 harvesting capacity in any United States fishery.
DEPARTMENTAL MANAGEMENT
SALARIES AND EXPENSES
For expenses necessary for the departmental management of
the Department of Commerce provided for by law, including not
to exceed $5,000 for official entertainment, $37,652,000.
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. 1–11, as amended by Public Law 100–
504), $20,176,000.
GENERAL PROVISIONS—DEPARTMENT OF COMMERCE
SEC. 201. During the current fiscal year, applicable appropria-
tions and funds made available to the Department 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 Commerce that such payments are in the public interest.
SEC. 202. During the current fiscal year, appropriations 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 uniforms or allowances therefore, as author-
ized by law (5 U.S.C. 5901–5902).
H. R. 2500—31
SEC. 203. None of the funds made available by this Act may
be used to support the hurricane reconnaissance aircraft and activi-
ties that are under the control of the United States Air Force
or the United States Air Force Reserve.
SEC. 204. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Commerce
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 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 compliance with the procedures set forth
in that section.
SEC. 205. Any costs incurred by a department or agency 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 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 expenditure except in compliance with the proce-
dures set forth in that section.
SEC. 206. The Secretary of Commerce may award contracts
for hydrographic, geodetic, and photogrammetric surveying 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 necessary for the
maintenance and operation of such administrative services as the
Secretary determines may be performed more advantageously as
central services, pursuant to section 403 of Public Law 103–356:
Provided, That any inventories, equipment, and other assets per-
taining 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 capital
shall be used to capitalize such fund: Provided further, That such
fund shall be paid in advance from funds available to the Depart-
ment and other Federal agencies for which such centralized services
are performed, at rates which will return in full all expenses of
operation, including accrued leave, depreciation of fund plant and
equipment, amortization of automated data processing (ADP) soft-
ware and systems (either acquired or donated), and an amount
necessary to maintain a reasonable operating reserve, as deter-
mined 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 available until expended,
to be used for the acquisition of capital equipment, and for the
improvement and implementation of department financial manage-
ment, ADP, and other support systems: Provided further, That
such amounts retained in the fund for fiscal year 2002 and each
H. R. 2500—32
fiscal year thereafter shall be available for obligation and expendi-
ture 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 deposited
as miscellaneous receipts in the Treasury: Provided further, That
such franchise fund pilot program shall terminate 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, Construction of Research
Facilities’’, $8,000,000 is appropriated to fund a cooperative agree-
ment 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 appropriated to the Institute for Information Infra-
structure Protection at the Institute for Security Technology
Studies, $3,350,000 is appropriated for the Institute for Politics,
$650,000 is appropriated to the Mount Washington Technology
Village, $6,500,000 is appropriated for a critical infrastructure
project at the George Mason University School of Law, $3,700,000
is appropriated for the Conservation Institute of the Bronx Zoo,
$2,000,000 is appropriated for the Adolescent Mental Health Resi-
dential Treatment program at Bronx-Lebanon Hospital Center,
$1,300,000 is appropriated for the Puerto Rican Historical, Cultural
and Activities Center, $5,000,000 is appropriated for the National
Infrastructure Institute, and $2,000,000 is appropriated for the
University of South Carolina School of Public Health.
SEC. 209. (a) The Secretary of Commerce shall present with
the fiscal year 2003 budget request a detailed description of all
projects, programs, and activities to be funded from the ‘‘Working
Capital Fund’’ and the ‘‘Advances and Reimbursements’’ account.
(b) The ‘‘Working Capital Fund’’ and ‘‘Advances and Reimburse-
ments’’ account shall be subject to section 605 of this Act begining
in fiscal year 2003.
SEC. 210. (a) Notwithstanding section 102 of the Marine
Mammal Protection Act of 1972, as amended, or section 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 Yorkshire, 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, Conven-
tion on International Trade of Endangered Species, permit
01US037393/9.
(b) The Anchorage Sister Cities Commission shall notify the
National Marine Fisheries Service Office of Enforcement 15 days
prior to shipment to ensure compliance with all applicable export
requirements.
SEC. 211. Section 213(a) of title II of division C of Public
Law 105–277 is amended by striking the second sentence and
inserting in lieu thereof: ‘‘There are authorized to be appropriated
$6,700,000 per year to carry out the provisions of this Act through
fiscal year 2004.’’.
This title may be cited as the ‘‘Department of Commerce and
Related Agencies Appropriations Act, 2002’’.
H. R. 2500—33
TITLE III—THE JUDICIARY
SUPREME COURT OF THE UNITED STATES
SALARIES AND EXPENSES
For expenses necessary for the operation of the Supreme 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 transporting Associate Justices, and hire of passenger
motor vehicles as authorized by 31 U.S.C. 1343 and 1344; not
to exceed $10,000 for official reception and representation expenses;
and for miscellaneous expenses, to be expended as the Chief Justice
may approve, $39,988,000.
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), $37,530,000, which shall remain 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, $19,287,000.
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 authorized
by 5 U.S.C. 3109, and necessary expenses of the court, as authorized
by law, $13,064,000.
COURTS OF APPEALS, DISTRICT COURTS, AND OTHER JUDICIAL
SERVICES
SALARIES AND EXPENSES
For the salaries of circuit and district judges (including 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, bankruptcy judges, mag-
istrate judges, and all other officers and employees of the Federal
Judiciary not otherwise specifically provided for, and necessary
expenses of the courts, as authorized by law, $3,591,116,000
(including the purchase 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.
H. R. 2500—34
In addition, for expenses of the United States Court of Federal
Claims associated with processing cases under the National Child-
hood Vaccine Injury Act of 1986, not to exceed $2,692,000, to be
appropriated from the Vaccine Injury 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 represent 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. 3006A(e)); the compensation (in accordance with Criminal
Justice Act maximums) and reimbursement of expenses of attorneys
appointed to assist the court in criminal cases where the defendant
has waived representation by counsel; the compensation and
reimbursement of travel expenses of guardians ad litem acting
on behalf of financially eligible minor or incompetent offenders
in connection with transfers from the United States to foreign
countries with which the United States has a treaty for the execu-
tion of penal sentences; the compensation of attorneys appointed
to represent jurors in civil actions for the protection of their employ-
ment, as authorized by 28 U.S.C. 1875(d); and for necessary training
and general administrative expenses, $500,671,000, to remain avail-
able until expended as authorized by 18 U.S.C. 3006A(i).
FEES OF JURORS AND COMMISSIONERS
For fees and expenses of jurors as authorized by 28 U.S.C.
1871 and 1876; compensation of jury commissioners as authorized
by 28 U.S.C. 1863; and compensation of commissioners appointed
in condemnation cases pursuant to rule 71A(h) of the Federal
Rules of Civil Procedure (28 U.S.C. Appendix Rule 71A(h)),
$48,131,000, to remain available until expended: Provided, That
the compensation of land commissioners shall not exceed the daily
equivalent of the highest rate payable under section 5332 of title
5, United States Code.
COURT SECURITY
For necessary expenses, not otherwise provided for, incident
to providing protective guard services for United States courthouses
and the procurement, installation, and maintenance of security
equipment for United States courthouses and other facilities
housing Federal court operations, including building ingress-egress
control, inspection of mail and packages, directed security patrols,
and other similar activities as authorized by section 1010 of the
Judicial Improvement and Access to Justice Act (Public Law 100–
702), $220,677,000, of which not to exceed $10,000,000 shall remain
available until expended for security systems or contract costs for
court security officers, to be expended directly or transferred to
the United States Marshals Service, which shall be responsible
for administering the Judicial Facility Security Program consistent
with standards or guidelines agreed to by the Director of the
Administrative Office of the United States Courts and the Attorney
General.
H. R. 2500—35
ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS
SALARIES AND EXPENSES
For necessary expenses of the Administrative Office of the
United States Courts as authorized by law, including travel as
authorized by 31 U.S.C. 1345, hire of a passenger motor vehicle
as authorized by 31 U.S.C. 1343(b), advertising and rent in the
District of Columbia and elsewhere, $61,664,000, of which not to
exceed $8,500 is authorized for official reception and representation
expenses.
FEDERAL JUDICIAL CENTER
SALARIES AND EXPENSES
For necessary expenses of the Federal Judicial Center, as
authorized by Public Law 90–219, $19,735,000; of which $1,800,000
shall remain available through September 30, 2003, to provide
education and training to Federal court personnel; and of which
not to exceed $1,000 is authorized for official reception and represen-
tation expenses.
JUDICIAL RETIREMENT FUNDS
PAYMENT TO JUDICIARY TRUST FUNDS
For payment to the Judicial Officers’ Retirement Fund, as
authorized by 28 U.S.C. 377(o), $26,700,000; to the Judicial Sur-
vivors’ Annuities Fund, as authorized by 28 U.S.C. 376(c),
$8,400,000; and to the United States Court of Federal Claims
Judges’ Retirement Fund, as authorized by 28 U.S.C. 178(l),
$1,900,000.
UNITED STATES SENTENCING COMMISSION
SALARIES AND EXPENSES
For the salaries and expenses necessary to carry out the provi-
sions of chapter 58 of title 28, United States Code, $11,575,000,
of which not to exceed $1,000 is authorized for official reception
and representation expenses.
GENERAL PROVISIONS—THE JUDICIARY
SEC. 301. Appropriations and authorizations made in this title
which are available for salaries and expenses shall be available
for services as authorized by 5 U.S.C. 3109.
SEC. 302. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Judiciary in this Act
may be transferred between such appropriations, but no such appro-
priation, except ‘‘Courts of Appeals, District Courts, and Other
Judicial Services, Defender Services’’ and ‘‘Courts of Appeals, Dis-
trict Courts, and Other Judicial Services, Fees of Jurors and
Commissioners’’, shall be increased by more than 10 percent by
any such transfers: Provided, That any transfer pursuant to this
section shall be treated as a reprogramming of funds under section
H. R. 2500—36
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. 303. Notwithstanding any other provision of law, the
salaries and expenses appropriation for district courts, courts of
appeals, and other judicial services shall be available for official
reception and representation expenses of the Judicial Conference
of the United States: Provided, That such available funds shall
not exceed $11,000 and shall be administered by the Director of
the Administrative Office of the United States Courts in the capacity
as Secretary of the Judicial Conference.
SEC. 304. Of the unexpended balances transferred to the
Commission on Structural Alternatives in Federal Appellate Courts,
$400,000 shall be transferred to, and merged with, funds in the
‘‘Federal Judicial Center, Salaries and Expenses’’ appropriations
account to be available only for distance learning.
SEC. 305. Pursuant to section 140 of Public Law 97–92, Justices
and judges of the United States are authorized during fiscal year
2002, to receive a salary adjustment in accordance with 28 U.S.C.
461: Provided, That $8,625,000 is appropriated for salary adjust-
ments pursuant to this section and such funds shall be transferred
to and merged with appropriations in title III of this Act.
This title may be cited as the ‘‘Judiciary Appropriations Act,
2002’’.
TITLE IV—DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
ADMINISTRATION OF FOREIGN AFFAIRS
DIPLOMATIC AND CONSULAR PROGRAMS
For necessary expenses of the Department of State and the
Foreign Service not otherwise provided for, including employment,
without regard to civil service and classification laws, of persons
on a temporary basis (not to exceed $700,000 of this appropriation),
as authorized by section 801 of the United States Information
and Educational Exchange Act of 1948, as amended; representation
to certain international organizations in which the United States
participates pursuant to treaties ratified pursuant to the advice
and consent of the Senate or specific Acts of Congress; arms control,
nonproliferation and disarmament activities as authorized; acquisi-
tion by exchange or purchase of passenger motor vehicles as author-
ized by law; and for expenses of general administration,
$3,142,277,000: Provided, That, of the amount made available under
this heading, not to exceed $4,000,000 may be transferred to, and
merged with, funds in the ‘‘Emergencies in the Diplomatic and
Consular Service’’ appropriations account, to be available only for
emergency evacuations and terrorism rewards: Provided further,
That, of the amount made available under this heading,
$270,259,000 shall be available only for public diplomacy inter-
national information programs: Provided further, That of the
amount made available under this heading, $694,190,000 shall be
available only for information resource management: Provided fur-
ther, That notwithstanding section 140(a)(5), and the second sen-
tence of section 140(a)(3), of the Foreign Relations Authorization
Act, Fiscal Years 1994 and 1995, fees may be collected during
H. R. 2500—37
fiscal years 2002 and 2003, under the authority of section 140(a)(1)
of that Act: Provided further, That all fees collected under the
preceding proviso shall be deposited in fiscal years 2002 and 2003
as an offsetting collection to appropriations made under this heading
to recover costs as set forth under section 140(a)(2) of that Act
and shall remain available until expended: Provided further, That,
of the amount made available under this heading, $1,800,000 shall
be available for a grant to conduct an international conference
on combating sex trafficking: Provided further, That no funds may
be obligated or expended for processing licenses for the export
of satellites of United States origin (including commercial satellites
and satellite components) to the People’s Republic of China unless,
at least 15 days in advance, the Committees on Appropriations
of the House of Representatives and the Senate are notified of
such proposed action.
In addition, not to exceed $1,343,000 shall be derived from
fees collected from other executive agencies for lease or use of
facilities located at the International Center in accordance with
section 4 of the International Center Act, as amended; in addition,
as authorized by section 5 of such Act, $490,000, to be derived
from the reserve authorized by that section, to be used for the
purposes set out in that section; in addition, as authorized by
section 810 of the United States Information and Educational
Exchange Act, not to exceed $6,000,000, to remain available until
expended, may be credited to this appropriation from fees or other
payments received from English teaching, library, motion pictures,
and publication programs and from fees from educational advising
and counseling and exchange visitor programs; and, in addition,
not to exceed $15,000, which shall be derived from reimbursements,
surcharges, and fees for use of Blair House facilities.
In addition, for the costs of worldwide security upgrades,
$487,735,000, to remain available until expended.
CAPITAL INVESTMENT FUND
For necessary expenses of the Capital Investment Fund,
$203,000,000, to remain available until expended, as authorized:
Provided, That section 135(e) of Public Law 103–236 shall not
apply to funds available under this heading.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General,
$29,000,000, notwithstanding section 209(a)(1) of the Foreign
Service Act of 1980, as amended (Public Law 96–465), as it relates
to post inspections.
EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS
For expenses of educational and cultural exchange programs,
as authorized, $237,000,000, to remain available until expended:
Provided, That not to exceed $2,000,000, to remain available until
expended, may be credited to this appropriation from fees or other
payments received from or in connection with English teaching,
educational advising and counseling programs, and exchange visitor
programs as authorized.
H. R. 2500—38
REPRESENTATION ALLOWANCES
For representation allowances as authorized, $6,485,000.
PROTECTION OF FOREIGN MISSIONS AND OFFICIALS
For expenses, not otherwise provided, to enable the Secretary
of State to provide for extraordinary protective services, as author-
ized, $9,400,000, to remain available until September 30, 2003.
EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE
For necessary expenses for carrying out the Foreign Service
Buildings Act of 1926, as amended (22 U.S.C. 292–300), preserving,
maintaining, repairing, and planning for buildings that are owned
or directly leased by the Department of State, renovating, in addi-
tion to funds otherwise available, the Harry S Truman Building,
and carrying out the Diplomatic Security Construction Program
as authorized, $458,000,000, to remain available until expended
as authorized, of which not to exceed $25,000 may be used for
domestic and overseas representation as authorized: Provided, That
none of the funds appropriated in this paragraph shall be available
for acquisition of furniture, furnishings, or generators for other
departments and agencies.
In addition, for the costs of worldwide security upgrades,
acquisition, and construction as authorized, $815,960,000, to remain
available until expended.
EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE
For expenses necessary to enable the Secretary of State to
meet unforeseen emergencies arising in the Diplomatic and Con-
sular Service, $6,500,000, to remain available until expended as
authorized, of which not to exceed $1,000,000 may be transferred
to and merged with the Repatriation Loans Program Account, sub-
ject to the same terms and conditions.
REPATRIATION LOANS PROGRAM ACCOUNT
For the cost of direct loans, $612,000, as authorized: 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. In addition, for administrative expenses necessary to carry
out the direct loan program, $607,000, which may be transferred
to and merged with the Diplomatic and Consular Programs account
under Administration of Foreign Affairs.
PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN
For necessary expenses to carry out the Taiwan Relations Act,
Public Law 96–8, $17,044,000.
PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY
FUND
For payment to the Foreign Service Retirement and Disability
Fund, as authorized by law, $135,629,000.
H. R. 2500—39
INTERNATIONAL ORGANIZATIONS AND CONFERENCES
CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS
For expenses, not otherwise provided for, necessary to meet
annual obligations of membership in international multilateral
organizations, pursuant to treaties ratified pursuant to the advice
and consent of the Senate, conventions or specific Acts of Congress,
$850,000,000: Provided, That any payment of arrearages under
this title shall be directed toward special activities that are mutually
agreed upon by the United States and the respective international
organization: Provided further, That none of the funds appropriated
in this paragraph shall be available for a United States contribution
to an international organization for the United States share of
interest costs made known to the United States Government by
such organization for loans incurred on or after October 1, 1984,
through external borrowings: Provided further, That, of the funds
appropriated in this paragraph, $100,000,000 may be made avail-
able only pursuant to a certification by the Secretary of State
that the United Nations has taken no action in calendar year
2001 prior to the date of enactment of this Act to increase funding
for any United Nations program without identifying an offsetting
decrease elsewhere in the United Nations budget and cause the
United Nations to exceed the budget for the biennium 2000–2001
of $2,535,700,000: Provided further, That if the Secretary of State
is unable to make the aforementioned certification, the $100,000,000
is to be applied to paying the current year assessment for other
international organizations for which the assessment has not been
paid in full or to paying the assessment due in the next fiscal
year for such organizations, subject to the reprogramming proce-
dures contained in section 605 of this Act: Provided further, That
funds appropriated under this paragraph may be obligated and
expended to pay the full United States assessment to the civil
budget of the North Atlantic Treaty Organization.
CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES
For necessary expenses to pay assessed and other expenses
of international peacekeeping activities directed to the maintenance
or restoration of international peace and security, $844,139,000,
of which 15 percent shall remain available until September 30,
2003: Provided, That none of the funds made available under this
Act shall be obligated or expended for any new or expanded United
Nations peacekeeping mission unless, at least 15 days in advance
of voting for the new or expanded mission in the United Nations
Security Council (or in an emergency as far in advance as is
practicable): (1) the Committees on Appropriations of the House
of Representatives and the Senate and other appropriate committees
of the Congress are notified of the estimated cost and length of
the mission, the vital national interest that will be served, and
the planned exit strategy; and (2) a reprogramming of funds pursu-
ant to section 605 of this Act is submitted, and the procedures
therein followed, setting forth the source of funds that will be
used to pay for the cost of the new or expanded mission: Provided
further, That funds shall be available for peacekeeping expenses
only upon a certification by the Secretary of State to the appropriate
committees of the Congress that American manufacturers and sup-
pliers are being given opportunities to provide equipment, services,
H. R. 2500—40
and material for United Nations peacekeeping activities equal to
those being given to foreign manufacturers and suppliers: Provided
further, That none of the funds made available under this heading
are available to pay the United States share of the cost of court
monitoring that is part of any United Nations peacekeeping mission.
INTERNATIONAL COMMISSIONS
For necessary expenses, not otherwise provided for, to meet
obligations of the United States arising under treaties, or specific
Acts of Congress, as follows:
INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES
AND MEXICO
For necessary expenses for the United States Section of the
International Boundary and Water Commission, United States and
Mexico, and to comply with laws applicable to the United States
Section, including not to exceed $6,000 for representation; as fol-
lows:
SALARIES AND EXPENSES
For salaries and expenses, not otherwise provided for,
$24,705,000.
CONSTRUCTION
For detailed plan preparation and construction of authorized
projects, $5,450,000, to remain available until expended, as author-
ized.
AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS
For necessary expenses, not otherwise provided, for the Inter-
national Joint Commission and the International Boundary
Commission, United States and Canada, as authorized by treaties
between the United States and Canada or Great Britain, and for
the Border Environment Cooperation Commission as authorized
by Public Law 103–182, $9,911,000, of which not to exceed $9,000
shall be available for representation expenses incurred by the Inter-
national Joint Commission.
INTERNATIONAL FISHERIES COMMISSIONS
For necessary expenses for international fisheries commissions,
not otherwise provided for, as authorized by law, $20,480,000: Pro-
vided, That the United States’ share of such expenses may be
advanced to the respective commissions pursuant to 31 U.S.C. 3324.
OTHER
PAYMENT TO THE ASIA FOUNDATION
For a grant to the Asia Foundation, as authorized by the
Asia Foundation Act (22 U.S.C. 4402), as amended, $9,250,000,
to remain available until expended, as authorized.
H. R. 2500—41
EISENHOWER EXCHANGE FELLOWSHIP PROGRAM TRUST FUND
For necessary expenses of Eisenhower Exchange Fellowships,
Incorporated, as authorized by sections 4 and 5 of the Eisenhower
Exchange Fellowship Act of 1990 (20 U.S.C. 5204–5205), all interest
and earnings accruing to the Eisenhower Exchange Fellowship Pro-
gram Trust Fund on or before September 30, 2002, to remain
available until expended: Provided, That none of the funds appro-
priated herein shall be used to pay any salary or other compensa-
tion, or to enter into any contract providing for the payment thereof,
in excess of the rate authorized by 5 U.S.C. 5376; or for purposes
which are not in accordance with OMB Circulars A–110 (Uniform
Administrative Requirements) and A–122 (Cost Principles for Non-
profit Organizations), including the restrictions on compensation
for personal services.
ISRAELI ARAB SCHOLARSHIP PROGRAM
For necessary expenses of the Israeli Arab Scholarship Program
as authorized by section 214 of the Foreign Relations Authorization
Act, Fiscal Years 1992 and 1993 (22 U.S.C. 2452), all interest
and earnings accruing to the Israeli Arab Scholarship Fund on
or before September 30, 2002, to remain available until expended.
EAST-WEST CENTER
To enable the Secretary of State to provide for carrying out
the provisions of the Center for Cultural and Technical Interchange
Between East and West Act of 1960, by grant to the Center for
Cultural and Technical Interchange Between East and West in
the State of Hawaii, $14,000,000: Provided, That none of the funds
appropriated herein shall be used to pay any salary, or enter
into any contract providing for the payment thereof, in excess
of the rate authorized by 5 U.S.C. 5376.
NATIONAL ENDOWMENT FOR DEMOCRACY
For grants made by the Department of State to the National
Endowment for Democracy as authorized by the National Endow-
ment for Democracy Act, $33,500,000, to remain available until
expended.
RELATED AGENCY
BROADCASTING BOARD OF GOVERNORS
INTERNATIONAL BROADCASTING OPERATIONS
For expenses necessary to enable the Broadcasting Board of
Governors, as authorized, to carry out international communication
activities, $428,234,000, of which not to exceed $16,000 may be
used for official receptions within the United States as authorized,
not to exceed $35,000 may be used for representation abroad as
authorized, and not to exceed $39,000 may be used for official
reception and representation expenses of Radio Free Europe/Radio
Liberty; and in addition, notwithstanding any other provision of
law, not to exceed $2,000,000 in receipts from advertising and
revenue from business ventures, not to exceed $500,000 in receipts
from cooperating international organizations, and not to exceed
H. R. 2500—42
$1,000,000 in receipts from privatization efforts of the Voice of
America and the International Broadcasting Bureau, to remain
available until expended for carrying out authorized purposes.
BROADCASTING TO CUBA
For necessary expenses to enable the Broadcasting Board of
Governors to carry out broadcasting to Cuba, including the pur-
chase, rent, construction, and improvement of facilities for radio
and television transmission and reception, and purchase and
installation of necessary equipment for radio and television trans-
mission and reception, $24,872,000, to remain available until
expended.
BROADCASTING CAPITAL IMPROVEMENTS
For the purchase, rent, construction, and improvement of facili-
ties for radio transmission and reception, and purchase and installa-
tion of necessary equipment for radio and television transmission
and reception as authorized, $25,900,000, to remain available until
expended, as authorized.
GENERAL PROVISIONS—DEPARTMENT OF STATE AND RELATED
AGENCY
SEC. 401. Funds appropriated under this title shall be available,
except as otherwise provided, for allowances and differentials as
authorized by subchapter 59 of title 5, United States Code; for
services as authorized by 5 U.S.C. 3109; and for hire of passenger
transportation pursuant to 31 U.S.C. 1343(b).
SEC. 402. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of State
in this Act may be transferred between such appropriations, but
no such appropriation, except as otherwise specifically provided,
shall be increased by more than 10 percent by any such transfers:
Provided, That not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Broadcasting Board
of Governors in this Act may be transferred between such appropria-
tions, but no such appropriation, except as otherwise specifically
provided, shall be increased by more than 10 percent by any such
transfers: Provided further, 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. 403. None of the funds made available in this Act may
be used by the Department of State or the Broadcasting Board
of Governors to provide equipment, technical support, consulting
services, or any other form of assistance to the Palestinian Broad-
casting Corporation.
SEC. 404. Hereafter, none of the funds appropriated or other-
wise made available for the United Nations may be used by the
United Nations for the promulgation or enforcement of any treaty,
resolution, or regulation authorizing the United Nations, or any
of its specialized agencies or affiliated organizations, to tax any
aspect of the Internet or international currency transactions.
SEC. 405. Funds appropriated by this Act for the Broadcasting
Board of Governors and the Department of State may be obligated
H. R. 2500—43
and expended notwithstanding section 313 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995, and section 15
of the State Department Basic Authorities Act of 1956, as amended.
SEC. 406. The Mutual Educational and Cultural Exchange Act
of 1961 (22 U.S.C. 2451 et seq.) is amended by adding at the
end the following new section:
‘‘SEC. 114. ALLOCATION OF FUNDS TRANSFERRED TO THE BUREAU
OF EDUCATIONAL AND CULTURAL AFFAIRS.
‘‘Of each amount transferred to the Bureau of Educational
and Cultural Affairs out of appropriations other than appropriations
under the heading ‘Educational and Cultural Exchange Programs’
for support of an educational or cultural exchange program, notwith-
standing any other provision of law, not more than 7.5 percent
shall be made available to cover administrative expenses incurred
in connection with support of the program. Amounts made available
to cover administrative expenses shall be credited to the appropria-
tions under the heading ‘Educational and Cultural Exchange Pro-
grams’ and shall remain available until expended.’’.
SEC. 407. (a) Section 1334 of the Foreign Affairs Reform and
Restructuring Act of 1998 (as enacted in division G of the Omnibus
Consolidated and Emergency Supplemental Appropriations Act,
1999; Public Law 105–277 and amended by section 404(a) of the
Admiral James W. Nance and Meg Donovan Foreign Relations
Authorization Act, Fiscal Years 2000 and 2001) is amended by
striking ‘‘October 1, 2001’’ and inserting ‘‘October 1, 2005’’.
(b) The amendment made by subsection (a) shall take effect
as if included in the enactment of the Admiral James W. Nance
and Meg Donovan Foreign Relations Authorization Act, Fiscal Years
2000 and 2001.
(c) The provisions of law repealed by section 404(c) of the
Admiral James W. Nance and Meg Donovan Foreign Relations
Authorization Act, Fiscal Years 2000 and 2001 (section 404(c) of
division A of H.R. 3427, as enacted into law by section 1000(a)(7)
of Public Law 106–113; appendix G; 113 Stat. 1501A–446) are
hereby reenacted into law.
(d) Notwithstanding any other provision of law, any period
of discontinuity of the United States Advisory Commission on Public
Diplomacy shall not affect the appointment or terms of service
of members of the commission.
SEC. 408. (a) Section 303 of the Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies Appropria-
tions Act, 1988 (as enacted into law by section 101(a) of Public
Law 100–202) is amended in the first sentence by striking
‘‘$440,000’’ and inserting ‘‘$620,000’’.
(b)(1) Section 2(2) of the joint resolution entitled ‘‘Joint resolu-
tion to authorize participation by the United States in parliamen-
tary conferences of the North Atlantic Treaty Organization’’,
approved July 11, 1956 (22 U.S.C. 1928b) is amended—
(A) by striking ‘‘$100,000’’ and inserting ‘‘$200,000’’; and
(B) by striking ‘‘$50,000’’ each of the two places it appears
and inserting ‘‘$100,000’’.
(2) Section 2 of the joint resolution entitled ‘‘Joint resolution
to authorize participation by the United States in parliamentary
conferences with Mexico’’, approved April 9, 1960 (22 U.S.C. 276i)
is amended—
(A) by striking ‘‘$80,000’’ and inserting ‘‘$120,000’’; and
H. R. 2500—44
(B) by striking ‘‘$40,000’’ each of the two places it appears
and inserting ‘‘$60,000’’.
(3) Section 2 of the joint resolution entitled ‘‘Joint resolution
to authorize participation by the United States in parliamentary
conferences with Canada’’, approved June 11, 1959 (22 U.S.C. 276e)
is amended—
(A) by striking ‘‘$70,000’’ and inserting ‘‘$150,000’’; and
(B) by striking ‘‘$35,000’’ each of the two places it appears
and inserting ‘‘$75,000’’.
(4) Section 109(b) of the Department of State Authorization
Act, Fiscal Years 1984 and 1985 (22 U.S.C. 276 note) is amended
by striking ‘‘$50,000’’ and inserting ‘‘$100,000’’.
(c) Notwithstanding any other provision of law, whenever either
the House of Representatives or the Senate does not appoint its
allotment of members as part of the American delegation or group
to a conference or assembly of the British-American Interparliamen-
tary Group, the Conference on Security and Cooperation in Europe
(CSCE), the Mexico-United States Interparliamentary Group, the
North Atlantic Assembly, or any similar interparliamentary group
of which the United States is a member or participates and so
notifies the other body of Congress, the other body may make
appointments to complete the membership of the American delega-
tion. Any appointment pursuant to this section shall be for the
period of such conference or assembly and the body of Congress
making such an appointment shall be responsible for the expenses
of any member so appointed. Any such appointment shall be made
in the same manner in which other appointments to the delegation
by such body of Congress are made.
This title may be cited as the ‘‘Department of State and Related
Agency Appropriations Act, 2002’’.
TITLE V—RELATED AGENCIES
DEPARTMENT OF TRANSPORTATION
MARITIME ADMINISTRATION
MARITIME SECURITY PROGRAM
For necessary expenses to maintain and preserve a U.S.-flag
merchant fleet to serve the national security needs of the United
States, $98,700,000, to remain available until expended.
OPERATIONS AND TRAINING
For necessary expenses of operations and training activities
authorized by law, $89,054,000, of which $13,000,000 shall remain
available until expended for capital improvements at the United
States Merchant Marine Academy.
MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM ACCOUNT
For the cost of guaranteed loans, as authorized by the Merchant
Marine Act, 1936, $33,000,000, 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
guaranteed loan program, not to exceed $3,978,000, which shall
H. R. 2500—45
be transferred to and merged with the appropriation for Operations
and Training.
ADMINISTRATIVE PROVISIONS—MARITIME ADMINISTRATION
Notwithstanding any other provision of this Act, the Maritime
Administration is authorized to furnish utilities and services and
make necessary repairs in connection with any lease, contract,
or occupancy involving Government property under control of the
Maritime Administration, and payments received therefore shall
be credited to the appropriation charged with the cost thereof:
Provided, That rental payments under any such lease, contract,
or occupancy for items other than such utilities, services, or repairs
shall be covered into the Treasury as miscellaneous receipts.
No obligations shall be incurred during the current fiscal year
from the construction fund established by the Merchant Marine
Act, 1936, or otherwise, in excess of the appropriations and limita-
tions contained in this Act or in any prior Appropriations Act.
COMMISSION FOR THE PRESERVATION OF AMERICA’S HERITAGE
ABROAD
SALARIES AND EXPENSES
For expenses for the Commission for the Preservation of Amer-
ica’s Heritage Abroad, $489,000, as authorized by section 1303
of Public Law 99–83.
COMMISSION ON CIVIL RIGHTS
SALARIES AND EXPENSES
For necessary expenses of the Commission on Civil Rights,
including hire of passenger motor vehicles, $9,096,000: Provided,
That not to exceed $50,000 may be used to employ consultants:
Provided further, That none of the funds appropriated in this para-
graph shall be used to employ in excess of four full-time individuals
under Schedule C of the Excepted Service exclusive of one special
assistant for each Commissioner: Provided further, That none of
the funds appropriated in this paragraph shall be used to reimburse
Commissioners for more than 75 billable days, with the exception
of the chairperson, who is permitted 125 billable days.
COMMISSION ON INTERNATIONAL RELIGIOUS FREEDOM
SALARIES AND EXPENSES
For necessary expenses for the United States Commission on
International Religious Freedom, as authorized by title II of the
International Religious Freedom Act of 1998 (Public Law 105–
292), $3,000,000, to remain available until expended.
COMMISSION ON OCEAN POLICY
SALARIES AND EXPENSES
For the necessary expenses of the Commission on Ocean Policy,
pursuant to Public Law 106–256, $3,000,000, to remain available
until expended: Provided, That the Commission shall present to
H. R. 2500—46
the Congress within 18 months of appointment its recommendations
for a national ocean policy.
COMMISSION ON SECURITY AND COOPERATION IN EUROPE
SALARIES AND EXPENSES
For necessary expenses of the Commission on Security and
Cooperation in Europe, as authorized by Public Law 94–304,
$1,499,000, to remain available until expended as authorized by
section 3 of Public Law 99–7.
CONGRESSIONAL-EXECUTIVE COMMISSION ON THE PEOPLE’S
REPUBLIC OF CHINA
SALARIES AND EXPENSES
For necessary expenses of the Congressional-Executive Commis-
sion on the People’s Republic of China, as authorized, $1,000,000,
to remain available until expended.
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Equal Employment Opportunity
Commission as authorized by title VII of the Civil Rights Act
of 1964, as amended (29 U.S.C. 206(d) and 621–634), the Americans
with Disabilities Act of 1990, and the Civil Rights Act of 1991,
including services as authorized by 5 U.S.C. 3109; hire of passenger
motor vehicles as authorized by 31 U.S.C. 1343(b); non-monetary
awards to private citizens; and not to exceed $30,000,000 for pay-
ments to State and local enforcement agencies for services to the
Commission pursuant to title VII of the Civil Rights Act of 1964,
as amended, sections 6 and 14 of the Age Discrimination in Employ-
ment Act, the Americans with Disabilities Act of 1990, and the
Civil Rights Act of 1991, $310,406,000: Provided, That the Commis-
sion is authorized to make available for official reception and rep-
resentation expenses not to exceed $2,500 from available funds.
FEDERAL COMMUNICATIONS COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Federal Communications
Commission, as authorized by law, including uniforms and allow-
ances therefor, as authorized by 5 U.S.C. 5901–5902; not to exceed
$600,000 for land and structure; not to exceed $500,000 for improve-
ment and care of grounds and repair to buildings; not to exceed
$4,000 for official reception and representation expenses; purchase
(not to exceed 16) and hire of motor vehicles; special counsel fees;
and services as authorized by 5 U.S.C. 3109, $245,071,000, of which
not to exceed $300,000 shall remain available until September
30, 2003, for research and policy studies: Provided, That
$218,757,000 of offsetting collections shall be assessed and collected
pursuant to section 9 of title I of the Communications Act of
1934, as amended, and shall be retained and used for necessary
expenses in this appropriation, and shall remain available until
expended: Provided further, That the sum herein appropriated shall
H. R. 2500—47
be reduced as such offsetting collections are received during fiscal
year 2002 so as to result in a final fiscal year 2002 appropriation
estimated at $26,314,000: Provided further, That any offsetting
collections received in excess of $218,757,000 in fiscal year 2002
shall remain available until expended, but shall not be available
for obligation until October 1, 2002.
FEDERAL MARITIME COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Federal Maritime Commission
as authorized by section 201(d) of the Merchant Marine Act, 1936,
as amended (46 U.S.C. App. 1111), including services as authorized
by 5 U.S.C. 3109; hire of passenger motor vehicles as authorized
by 31 U.S.C. 1343(b); and uniforms or allowances therefor, as
authorized by 5 U.S.C. 5901–5902, $16,458,000: Provided, That
not to exceed $2,000 shall be available for official reception and
representation expenses.
FEDERAL TRADE COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Federal Trade Commission,
including uniforms or allowances therefor, as authorized by 5 U.S.C.
5901–5902; services as authorized by 5 U.S.C. 3109; hire of pas-
senger motor vehicles; not to exceed $2,000 for official reception
and representation expenses, $155,982,000: Provided, That not to
exceed $300,000 shall be available for use to contract with a person
or persons for collection services in accordance with the terms
of 31 U.S.C. 3718, as amended: Provided further, That, notwith-
standing any other provision of law, not to exceed $155,982,000
of offsetting collections derived from fees collected for premerger
notification filings under the Hart-Scott-Rodino Antitrust Improve-
ments Act of 1976 (15 U.S.C. 18a), regardless of the year of collec-
tion, shall be retained and used for necessary expenses in this
appropriation, and shall remain available until expended: Provided
further, 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 final fiscal year 2002 appropria-
tion from the general fund estimated at not more than $0, to
remain available until expended: Provided further, That none of
the funds made available to the Federal Trade Commission shall
be available for obligation for expenses authorized by section 151
of the Federal Deposit Insurance Corporation Improvement Act
of 1991 (Public Law 102–242; 105 Stat. 2282–2285).
LEGAL SERVICES CORPORATION
PAYMENT TO THE LEGAL SERVICES CORPORATION
For payment to the Legal Services Corporation to carry out
the purposes of the Legal Services Corporation Act of 1974, as
amended, $329,300,000, of which $310,000,000 is for basic field
programs and required independent audits; $2,500,000 is for the
Office of Inspector General, of which such amounts as may be
necessary may be used to conduct additional audits of recipients;