[Congressional Record: November 9, 2001 (House)]
[Page H7986-H8033]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]
[DOCID:cr09no01-18]
CONFERENCE REPORT ON H.R. 2500
Mr. WOLF submitted the following conference report and statement on
the bill (H.R. 2500) ``making appropriations for the Departments of
Commerce, Justice, and State, the Judiciary, and related agencies for
the fiscal year ending September 30, 2002, and for other purposes'':
Conference Report (H. Rept. 107-278)
The committee of conference on the disagreeing votes of the
two Houses on the amendment of the Senate to the bill (H.R.
2500) ``making appropriations for the Departments of
Commerce, Justice, and State, the Judiciary, and related
agencies for the fiscal year ending September 30, 2002, and
for other purposes'', having met, after full and free
conference, have agreed to recommend and do recommend to
their respective Houses as follows:
That the House recede from its disagreement to the
amendment of the Senate, and agree to the same with an
amendment, as follows:
In lieu of the matter stricken and inserted by said
amendment, insert:
That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the fiscal year
ending September 30, 2002, and for other purposes, namely:
TITLE I--DEPARTMENT OF JUSTICE
General Administration
salaries and expenses
For expenses necessary for the administration of the
Department of Justice, $91,668,000, of which not to exceed
$3,317,000 is for the Facilities Program 2000, to remain
available until expended: Provided, That not to exceed 43
permanent positions and 44 full-time equivalent workyears and
$8,451,000 shall be expended for the Department Leadership
Program exclusive of augmentation that occurred in these
offices in fiscal year 2001: Provided further, That not to
exceed 41 permanent positions and 48 full-time equivalent
workyears and $4,997,000 shall be expended for the Offices of
Legislative Affairs and Public Affairs: Provided further,
That the latter two aforementioned offices may utilize non-
reimbursable details of career employees within the caps
described in the preceding proviso: Provided further, That
the Attorney General is authorized to transfer, under such
terms and conditions as the Attorney General shall specify,
forfeited real or personal property of limited or marginal
value, as such value is determined by guidelines established
by the Attorney General, to a State or local government
agency, or its designated contractor or transferee, for use
to support drug abuse treatment, drug and crime prevention
and education, housing, job skills, and other community-based
public health and safety programs: Provided further, That any
transfer under the preceding proviso shall not create or
confer any private right of action in any person against the
United States, and shall be treated as a reprogramming under
section 605 of this Act.
joint automated booking system
For expenses necessary for the nationwide deployment of a
Joint Automated Booking System including automated capability
to transmit fingerprint and image data, $1,000,000, to remain
available until expended.
narrowband communications
For the costs of conversion to narrowband communications,
including the cost for operation and maintenance of Land
Mobile Radio legacy systems, $94,615,000, to remain available
until expended.
Counterterrorism Fund
For necessary expenses, as determined by the Attorney
General, $4,989,000, to remain available until expended, to
reimburse any Department of Justice organization for: (1) the
costs incurred in reestablishing the operational capability
of an office or facility which has been damaged or destroyed
as a result of any domestic or international terrorist
incident; and (2) the costs of providing support to counter,
investigate or prosecute domestic or international terrorism,
including payment of rewards in connection with these
activities: Provided, That any Federal agency may be
reimbursed for the costs of
[[Page H7987]]
detaining in foreign countries individuals accused of acts of
terrorism that violate the laws of the United States:
Provided further, That funds provided under this paragraph
shall be available only after the Attorney General notifies
the Committees on Appropriations of the House of
Representatives and the Senate in accordance with section 605
of this Act.
Administrative Review and Appeals
For expenses necessary for the administration of pardon and
clemency petitions and immigration-related activities,
$173,647,000.
Detention Trustee
For necessary expenses of the Federal Detention Trustee who
shall exercise all power and functions authorized by law
relating to the detention of Federal prisoners in non-Federal
institutions or otherwise in the custody of the United States
Marshals Service; and the detention of aliens in the custody
of the Immigration and Naturalization Service, $1,000,000:
Provided, That the Trustee shall be responsible for
overseeing construction of detention facilities or for
housing related to such detention; the management of funds
appropriated to the Department for the exercise of any
detention functions; and the direction of the United States
Marshals Service and Immigration and Naturalization Service
with respect to the exercise of detention policy setting
and operations for the Department.
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, $50,735,000; including not to exceed
$10,000 to meet unforeseen emergencies of a confidential
character, to be expended under the direction of, and to be
accounted for solely under the certificate of, the Attorney
General; and for the acquisition, lease, maintenance, and
operation of motor vehicles, without regard to the general
purchase price limitation for the current fiscal year.
United States Parole Commission
Salaries and Expenses
For necessary expenses of the United States Parole
Commission as authorized by law, $9,876,000.
Legal Activities
Salaries and Expenses, General Legal Activities
For expenses necessary for the legal activities of the
Department of Justice, not otherwise provided for, including
not to exceed $20,000 for expenses of collecting evidence, to
be expended under the direction of, and to be accounted for
solely under the certificate of, the Attorney General; and
rent of private or Government-owned space in the District of
Columbia, $549,176,000; of which not to exceed $10,000,000
for litigation support contracts shall remain available until
expended: Provided, That of the total amount appropriated,
not to exceed $1,000 shall be available to the United States
National Central Bureau, INTERPOL, for official reception and
representation expenses: Provided further, That
notwithstanding any other provision of law, upon a
determination by the Attorney General that emergent
circumstances require additional funding for litigation
activities of the Civil Division, the Attorney General may
transfer such amounts to ``Salaries and Expenses, General
Legal Activities'' from available appropriations for the
current fiscal year for the Department of Justice, as may be
necessary to respond to such circumstances: Provided further,
That any transfer pursuant to the previous proviso shall be
treated as a reprogramming 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.
In addition, for reimbursement of expenses of the
Department of Justice associated with processing cases under
the National Childhood Vaccine Injury Act of 1986, as
amended, not to exceed $4,028,000, to be appropriated from
the Vaccine Injury Compensation Trust Fund.
legal activities office automation
For necessary office-automation expenses of organizations
funded under the headings ``Salaries and Expenses'', General
Legal Activities, and ``Salaries and Expenses'', General
Administration, and of the United States Attorneys, the
United States Marshals Service, the Antitrust Division, the
United States Trustee Program, the Executive Office for
Immigration Review, and the Community Relations Service,
$15,765,000, to remain available until expended.
salaries and expenses, antitrust division
For expenses necessary for the enforcement of antitrust and
kindred laws, $130,791,000: Provided, That, notwithstanding
any other provision of law, not to exceed $130,791,000 of
offsetting collections derived from fees collected for
premerger notification filings under the Hart-Scott-Rodino
Antitrust Improvements Act of 1976 (15 U.S.C. 18a),
regardless of the year of collection, 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
appropriation from the general fund estimated at not more
than $0.
Salaries and Expenses, United States Attorneys
For necessary expenses of the Offices of the United States
Attorneys, including inter-governmental and cooperative
agreements, $1,353,968,000; of which not to exceed $2,500,000
shall be available until September 30, 2003, for: (1)
training personnel in debt collection; (2) locating debtors
and their property; (3) paying the net costs of selling
property; and (4) tracking debts owed to the United States
Government: Provided, That of the total amount appropriated,
not to exceed $8,000 shall be available for official
reception and representation expenses: Provided further, That
not to exceed $10,000,000 of those funds available for
automated litigation support contracts shall remain available
until expended: Provided further, That not to exceed
$2,500,000 for the operation of the National Advocacy Center
shall remain available until expended: Provided further,
That, in addition to reimbursable full-time equivalent
workyears available to the Offices of the United States
Attorneys, not to exceed 9,571 positions and 9,776 full-time
equivalent workyears shall be supported from the funds
appropriated in this Act for the United States Attorneys:
Provided further, That, notwithstanding any other provision
of law, the Attorney General shall transfer to the Department
of Justice Working Capital Fund, unobligated, all unexpended
funds appropriated by the first heading of chapter 2 of title
II of division B of Public Law 106-246 and by section 202 of
division A of appendix H.R. 5666 of Public Law 106-554:
Provided further, That the fourth proviso under the
heading ``Salaries and Expenses, United States Attorneys''
in title I of H.R. 3421 of the 106th Congress, as enacted
by section 1000(a)(1) of Public Law 106-113 shall apply to
amounts made available under this heading for fiscal year
2002.
United States Trustee System Fund
For necessary expenses of the United States Trustee
Program, as authorized by 28 U.S.C. 589a(a), $147,000,000, to
remain available until expended and to be derived from the
United States Trustee System Fund: Provided, That,
notwithstanding any other provision of law, deposits to the
Fund shall be available in such amounts as may be necessary
to pay refunds due depositors: Provided further, That,
notwithstanding any other provision of law, $147,000,000 of
offsetting collections pursuant to 28 U.S.C. 589a(b) shall be
retained and used for necessary expenses in this
appropriation and remain available until expended: Provided
further, That the sum herein appropriated from the Fund shall
be reduced as such offsetting collections are received during
fiscal year 2002, so as to result in a final fiscal year 2002
appropriation from the Fund estimated at $0.
Salaries and Expenses, Foreign Claims Settlement Commission
For expenses necessary to carry out the activities of the
Foreign Claims Settlement Commission, including services as
authorized by 5 U.S.C. 3109, $1,136,000.
Salaries and Expenses, United States Marshals Service
For necessary expenses of the United States Marshals
Service, including the acquisition, lease, maintenance, and
operation of vehicles, and the purchase of passenger motor
vehicles for police-type use, without regard to the general
purchase price limitation for the current fiscal year,
$619,429,000; of which not to exceed $6,000 shall be
available for official reception and representation expenses;
and of which not to exceed $4,000,000 for development,
implementation, maintenance and support, and training for an
automated prisoner information system shall remain available
until expended: Provided, That, in addition to reimbursable
full-time equivalent workyears available to the United States
Marshals Service, not to exceed 4,128 positions and 3,993
full-time equivalent workyears shall be supported from the
funds appropriated in this Act for the United States Marshals
Service.
In addition, for the costs of courthouse security
equipment, including furnishings, relocations, and telephone
systems and cabling, $14,267,000, to remain available until
expended.
Construction
For planning, constructing, renovating, equipping, and
maintaining United States Marshals Service prisoner-holding
space in United States courthouses and Federal buildings,
including the renovation and expansion of prisoner movement
areas, elevators, and sallyports, $15,000,000 to remain
available until expended.
Federal Prisoner Detention
For expenses, related to United States prisoners in the
custody of the United States Marshals Service, but not
including expenses otherwise provided for in appropriations
available to the Attorney General, $706,182,000, to remain
available until expended.
Fees and Expenses of Witnesses
For expenses, mileage, compensation, and per diems of
witnesses, for expenses of contracts for the procurement and
supervision of expert witnesses, for private counsel
expenses, and for per diems in lieu of subsistence, as
authorized by law, including advances, $156,145,000, to
remain available until expended; of which not to exceed
$6,000,000 may be made available for planning, construction,
renovations, maintenance, remodeling, and repair of
buildings, and the purchase of equipment incident thereto,
for protected witness safesites; of which not to
exceed $1,000,000 may be made available for the purchase
and maintenance of armored vehicles for transportation of
protected witnesses; and of which not to exceed $5,000,000
may be made available for the purchase, installation, and
maintenance of secure telecommunications equipment and a
secure automated information network to store and retrieve
the identities and locations of protected witnesses.
Salaries and Expenses, Community Relations Service
For necessary expenses of the Community Relations Service,
$9,269,000 and, in addition, up to $1,000,000 of funds made
available to the Department of Justice in this Act may be
transferred by the Attorney General to this account:
[[Page H7988]]
Provided, That notwithstanding any other provision of law,
upon a determination by the Attorney General that emergent
circumstances require additional funding for conflict
prevention and resolution activities of the Community
Relations Service, the Attorney General may transfer such
amounts to the Community Relations Service, from available
appropriations for the current fiscal year for the Department
of Justice, as may be necessary to respond to such
circumstances: Provided further, That any transfer pursuant
to the previous proviso shall be treated as a reprogramming
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.
assets forfeiture fund
For expenses authorized by 28 U.S.C. 524(c)(1)(A)(ii), (B),
(F), and (G), as amended, $22,949,000, to be derived from the
Department of Justice Assets Forfeiture Fund.
Radiation Exposure Compensation
Administrative Expenses
For necessary administrative expenses in accordance with
the Radiation Exposure Compensation Act, $1,996,000.
Interagency Law Enforcement
Interagency Crime and Drug Enforcement
For necessary expenses for the detection, investigation,
and prosecution of individuals involved in organized crime
drug trafficking not otherwise provided for, to include
inter-governmental agreements with State and local law
enforcement agencies engaged in the investigation and
prosecution of individuals involved in organized crime drug
trafficking, $338,577,000, of which $50,000,000 shall remain
available until expended: Provided, That any amounts
obligated from appropriations under this heading may be used
under authorities available to the organizations reimbursed
from this appropriation: Provided further, That any
unobligated balances remaining available at the end of the
fiscal year shall revert to the Attorney General for
reallocation among participating organizations in succeeding
fiscal years, subject to the reprogramming procedures set
forth in section 605 of this Act.
Federal Bureau of Investigation
Salaries and Expenses
For necessary expenses of the Federal Bureau of
Investigation for detection, investigation, and prosecution
of crimes against the United States; including purchase for
police-type use of not to exceed 1,354 passenger motor
vehicles, of which 1,190 will be for replacement only,
without regard to the general purchase price limitation for
the current fiscal year, and hire of passenger motor
vehicles; acquisition, lease, maintenance, and operation of
aircraft; and not to exceed $70,000 to meet unforeseen
emergencies of a confidential character, to be expended under
the direction of, and to be accounted for solely under the
certificate of, the Attorney General, $3,491,073,000; of
which not to exceed $50,000,000 for automated data processing
and telecommunications and technical investigative equipment
and not to exceed $1,000,000 for undercover operations shall
remain available until September 30, 2003; of which not less
than $459,243,000 shall be for counterterrorism
investigations, foreign counterintelligence, and other
activities related to our national security; of which not to
exceed $10,000,000 is authorized to be made available for
making advances for expenses arising out of contractual or
reimbursable agreements with State and local law enforcement
agencies while engaged in cooperative activities related to
violent crime, terrorism, organized crime, and drug
investigations: Provided, That not to exceed $45,000 shall be
available for official reception and representation expenses:
Provided further, That of the amount made available under
this heading, $53,000 shall be available only to reimburse
Acadian Ambulance & Air Med Services for costs incurred
during the December 1999 prison riot in St. Martin Parish
Correctional Center, St. Martin Parish, Louisiana: Provided
further, That, in addition to reimbursable full-time
equivalent workyears available to the Federal Bureau of
Investigation, not to exceed 24,935 positions and 24,488
full-time equivalent workyears shall be supported from the
funds appropriated in this Act for the Federal Bureau of
Investigation.
Construction
For necessary expenses to construct or acquire buildings
and sites by purchase, or as otherwise authorized by law
(including equipment for such buildings); conversion and
extension of federally-owned buildings; and preliminary
planning and design of projects; $33,791,000, to remain
available until expended.
Drug Enforcement Administration
Salaries and Expenses
For necessary expenses of the Drug Enforcement
Administration, including not to exceed $70,000 to meet
unforeseen emergencies of a confidential character, to be
expended under the direction of, and to be accounted for
solely under the certificate of, the Attorney General;
expenses for conducting drug education and training programs,
including travel and related expenses for participants in
such programs and the distribution of items of token value
that promote the goals of such programs; purchase of not to
exceed 1,477 passenger motor vehicles, of which 1,354 will be
for replacement only, for police-type use without regard to
the general purchase price limitation for the current fiscal
year; and acquisition, lease, maintenance, and operation of
aircraft, $1,481,783,000; of which $33,000,000 for permanent
change of station shall remain available until September 30,
2003; of which not to exceed $1,800,000 for research shall
remain available until expended, and of which not to exceed
$4,000,000 for purchase of evidence and payments for
information, not to exceed $10,000,000 for contracting for
automated data processing and telecommunications equipment,
and not to exceed $2,000,000 for laboratory equipment,
$4,000,000 for technical equipment, and $2,000,000 for
aircraft replacement retrofit and parts, shall remain
available until September 30, 2003; of which not to exceed
$50,000 shall be available for official reception and
representation expenses: Provided, That, in addition to
reimbursable full-time equivalent workyears available to
the Drug Enforcement Administration, not to exceed 7,654
positions and 7,515 full-time equivalent workyears shall
be supported from the funds appropriated in this Act for
the Drug Enforcement Administration.
Immigration and Naturalization Service
Salaries and Expenses
For expenses necessary for the administration and
enforcement of the laws relating to immigration,
naturalization, and alien registration, as follows:
enforcement and border affairs
For salaries and expenses for the Border Patrol program,
the detention and deportation program, the intelligence
program, the investigations program, and the inspections
program, including not to exceed $50,000 to meet unforeseen
emergencies of a confidential character, to be expended under
the direction of, and to be accounted for solely under the
certificate of, the Attorney General; purchase for police-
type use (not to exceed 3,165 passenger motor vehicles, of
which 2,211 are for replacement only), without regard to the
general purchase price limitation for the current fiscal
year, and hire of passenger motor vehicles; acquisition,
lease, maintenance and operation of aircraft; research
related to immigration enforcement; for protecting and
maintaining the integrity of the borders of the United States
including, without limitation, equipping, maintaining, and
making improvements to the infrastructure; and for the care
and housing of Federal detainees held in the joint
Immigration and Naturalization Service and United States
Marshals Service Buffalo Detention Facility, $2,739,695,000;
of which not to exceed $5,000,000 is for payments or advances
arising out of contractual or reimbursable agreements with
State and local law enforcement agencies while engaged in
cooperative activities related to immigration; of which not
to exceed $5,000,000 is to fund or reimburse other Federal
agencies for the costs associated with the care, maintenance,
and repatriation of smuggled illegal aliens: Provided, That
none of the funds available to the Immigration and
Naturalization Service shall be available to pay any employee
overtime pay in an amount in excess of $30,000 during the
calendar year beginning January 1, 2002, except that the INS
Commissioner may exceed this cap as necessary for national
security purposes and in cases of immigration emergencies:
Provided further, That uniforms may be purchased without
regard to the general purchase price limitation for the
current fiscal year: Provided further, That, in addition to
reimbursable full-time equivalent workyears available to the
Immigration and Naturalization Service, not to exceed 20,759
positions and 20,096 full-time equivalent workyears shall be
supported from the funds appropriated under this heading in
this Act for the Immigration and Naturalization Service:
Provided further, That none of the funds provided in this or
any other Act shall be used for the continued operation of
the San Clemente and Temecula checkpoints unless the
checkpoints are open and traffic is being checked on a
continuous 24-hour basis.
citizenship and benefits, immigration support and program direction
For all programs of the Immigration and Naturalization
Service not included under the heading ``Enforcement and
Border Affairs'', $631,745,000, of which not to exceed
$400,000 for research shall remain available until expended:
Provided, That not to exceed $5,000 shall be available for
official reception and representation expenses: Provided
further, That the Attorney General may transfer any funds
appropriated under this heading and the heading ``Enforcement
and Border Affairs'' between said appropriations
notwithstanding any percentage transfer limitations imposed
under this appropriations Act and may direct such fees as are
collected by the Immigration and Naturalization Service to
the activities funded under this heading and the heading
``Enforcement and Border Affairs'' for performance of the
functions for which the fees legally may be expended:
Provided further, That not to exceed 40 permanent positions
and 40 full-time equivalent workyears and $4,300,000 shall be
expended for the Offices of Legislative Affairs and Public
Affairs: Provided further, That unencumbered positions in the
aforementioned offices after the date of enactment of this
Act shall be filled only by personnel details, temporary
transfers of personnel on either a reimbursable or non-
reimbursable basis, or any other formal or informal transfer
or reimbursement of personnel or funds on either a temporary
or long-term basis up to 10 full-time equivalent workyears:
Provided further, That the number of positions filled through
non-career appointment at the Immigration and Naturalization
Service, for which funding is provided in this Act or is
otherwise made available to the Immigration and
Naturalization Service, shall not exceed six permanent
positions and six full-time equivalent workyears: Provided
further, That none of the funds available to the Immigration
and Naturalization Service shall be used to pay any employee
overtime pay in an amount in excess of $30,000 during the
calendar year beginning January 1, 2002, except that the
INS Commissioner may exceed this cap as necessary for
national security purposes and in cases of immigration
emergencies: Provided further, That funds may be used,
without limitation, for equipping,
[[Page H7989]]
maintaining, and making improvements to the infrastructure
and the purchase of vehicles for police-type use within
the limits of the Enforcement and Border Affairs
appropriation: Provided further, That, in addition to
reimbursable full-time equivalent workyears available to
the Immigration and Naturalization Service, not to exceed
3,100 positions and 3,500 full-time equivalent workyears
shall be supported from the funds appropriated under this
heading in this Act for the Immigration and Naturalization
Service.
Construction
For planning, construction, renovation, equipping, and
maintenance of buildings and facilities necessary for the
administration and enforcement of the laws relating to
immigration, naturalization, and alien registration, not
otherwise provided for, $128,454,000, to remain available
until expended: Provided, That no funds shall be available
for the site acquisition, design, or construction of any
Border Patrol checkpoint in the Tucson sector.
Federal Prison System
Salaries and Expenses
For expenses necessary for the administration, operation,
and maintenance of Federal penal and correctional
institutions, including purchase (not to exceed 685, of which
610 are for replacement only) and hire of law enforcement and
passenger motor vehicles, and for the provision of technical
assistance and advice on corrections related issues to
foreign governments, $3,808,600,000: Provided, That the
Attorney General may transfer to the Health Resources and
Services Administration such amounts as may be necessary for
direct expenditures by that Administration for medical relief
for inmates of Federal penal and correctional institutions:
Provided further, That the Director of the Federal Prison
System (FPS), where necessary, may enter into contracts with
a fiscal agent/fiscal intermediary claims processor to
determine the amounts payable to persons who, on behalf of
FPS, furnish health services to individuals committed to the
custody of FPS: Provided further, That not to exceed $6,000
shall be available for official reception and representation
expenses: Provided further, That not to exceed $50,000,000
shall remain available for necessary operations until
September 30, 2003: Provided further, That, of the amounts
provided for Contract Confinement, not to exceed $20,000,000
shall remain available until expended to make payments in
advance for grants, contracts and reimbursable agreements,
and other expenses authorized by section 501(c) of the
Refugee Education Assistance Act of 1980, as amended, for the
care and security in the United States of Cuban and Haitian
entrants: Provided further, That the Director of the Federal
Prison System may accept donated property and services
relating to the operation of the prison card program from a
not-for-profit entity which has operated such program in the
past notwithstanding the fact that such not-for-profit entity
furnishes services under contracts to the Federal Prison
System relating to the operation of pre-release services,
halfway houses or other custodial facilities.
Buildings and Facilities
For planning, acquisition of sites and construction of new
facilities; purchase and acquisition of facilities and
remodeling, and equipping of such facilities for penal and
correctional use, including all necessary expenses incident
thereto, by contract or force account; and constructing,
remodeling, and equipping necessary buildings and facilities
at existing penal and correctional institutions, including
all necessary expenses incident thereto, by contract or force
account, $813,552,000, to remain available until expended, of
which not to exceed $14,000,000 shall be available to
construct areas for inmate work programs: Provided, That
labor of United States prisoners may be used for work
performed under this appropriation: Provided further, That
not to exceed 10 percent of the funds appropriated to
``Buildings and Facilities'' in this or any other Act may be
transferred to ``Salaries and Expenses'', Federal Prison
System, upon notification by the Attorney General to the
Committees on Appropriations of the House of Representatives
and the Senate in compliance with provisions set forth in
section 605 of this Act.
Federal Prison Industries, Incorporated
The Federal Prison Industries, Incorporated, is hereby
authorized to make such expenditures, within the limits of
funds and borrowing authority available, and in accord with
the law, and to make such contracts and commitments, without
regard to fiscal year limitations as provided by section 9104
of title 31, United States Code, as may be necessary in
carrying out the program set forth in the budget for the
current fiscal year for such corporation, including purchase
(not to exceed five for replacement only) and hire of
passenger motor vehicles.
Limitation on Administrative Expenses, Federal Prison Industries,
Incorporated
Not to exceed $3,429,000 of the funds of the corporation
shall be available for its administrative expenses, and for
services as authorized by 5 U.S.C. 3109, to be computed on an
accrual basis to be determined in accordance with the
corporation's current prescribed accounting system, and
such amounts shall be exclusive of depreciation, payment
of claims, and expenditures which the said accounting
system requires to be capitalized or charged to cost of
commodities acquired or produced, including selling and
shipping expenses, and expenses in connection with
acquisition, construction, operation, maintenance,
improvement, protection, or disposition of facilities and
other property belonging to the corporation or in which it
has an interest.
Office of Justice Programs
Justice Assistance
For grants, contracts, cooperative agreements, and other
assistance authorized by title I of the Omnibus Crime Control
and Safe Streets Act of 1968, as amended (``the 1968 Act''),
and the Missing Children's Assistance Act, as amended,
including salaries and expenses in connection therewith, and
with the Victims of Crime Act of 1984, as amended,
$185,514,000, to remain available until expended, as
authorized by section 1001 of title I of the Omnibus Crime
Control and Safe Streets Act of 1968, as amended by Public
Law 102-534 (106 Stat. 3524).
In addition, for grants, cooperative agreements, and other
assistance authorized by sections 819 and 821 of the
Antiterrorism and Effective Death Penalty Act of 1996 and for
other counterterrorism programs, $251,494,000, to remain
available until expended.
State and Local Law Enforcement Assistance
For assistance authorized by the Violent Crime Control and
Law Enforcement Act of 1994 (Public Law 103-322), as amended
(``the 1994 Act''); the Omnibus Crime Control and Safe
Streets Act of 1968, as amended (``the 1968 Act''); the
Victims of Child Abuse Act of 1990, as amended (``the 1990
Act''); and the Victims of Trafficking and Violence
Protection Act of 2000 (Public Law 106-386); $2,403,354,000
(including amounts for administrative costs, which shall be
transferred to and merged with the ``Justice Assistance''
account), to remain available until expended as follows:
(1) $400,000,000 for Local Law Enforcement Block Grants,
pursuant to H.R. 728 as passed by the House of
Representatives on February 14, 1995, except that for
purposes of this Act and retroactive to October 1, 2000, Guam
shall be considered as one ``State'' for all purposes under
H.R. 728, notwithstanding any provision of section 108(3)
thereof, the Commonwealth of Puerto Rico shall be considered
a ``unit of local government'' as well as a ``State'', for
the purposes set forth in paragraphs (A), (B), (D), (F), and
(I) of section 101(a)(2) of H.R. 728, and for establishing
crime prevention programs involving cooperation between
community residents and law enforcement personnel in order to
control, detect, or investigate crime or the prosecution of
criminals: Provided, That no funds provided under this
heading may be used as matching funds for any other Federal
grant program, of which:
(A) $70,000,000 shall be for Boys and Girls Clubs in public
housing facilities and other areas in cooperation with State
and local law enforcement: Provided, That funds may also be
used to defray the costs of indemnification insurance for law
enforcement officers,
(B) $19,956,000 shall be available for grants, contracts,
and other assistance to carry out section 102(c) of H.R. 728;
(2) $565,000,000 for the State Criminal Alien Assistance
Program, as authorized by section 242(j) of the Immigration
and Nationality Act, as amended;
(3) $20,000,000 for the Cooperative Agreement Program;
(4) $48,162,000 for assistance to Indian tribes, of which:
(A) $35,191,000 shall be available for grants under section
20109(a)(2) of subtitle A of title II of the 1994 Act;
(B) $7,982,000 shall be available for the Tribal Courts
Initiative; and
(C) $4,989,000 shall be available for demonstration grants
on alcohol and crime in Indian Country;
(5) $594,489,000 for programs authorized by part E of title
I of the 1968 Act, notwithstanding the provisions of section
511 of said Act, of which $94,489,000 shall be for
discretionary grants under the Edward Byrne Memorial State
and Local Law Enforcement Assistance Programs;
(6) $11,975,000 for the Court Appointed Special Advocate
Program, as authorized by section 218 of the 1990 Act;
(7) $2,296,000 for Child Abuse Training Programs for
Judicial Personnel and Practitioners, as authorized by
section 224 of the 1990 Act;
(8) $998,000 for grants for televised testimony, as
authorized by section 1001(a)(7) of the 1968 Act;
(9) $184,737,000 for Grants to Combat Violence Against
Women, to States, units of local government, as authorized by
section 1001(a)(18) of the 1968 Act, of which:
(A) $1,000,000 shall be for the Bureau of Justice
Statistics for grants, contracts, and other assistance for a
domestic violence Federal case processing study;
(B) $5,200,000 shall be for the National Institute of
Justice for grants, contracts, and other assistance for
research and evaluation of violence against women;
(C) $10,000,000 shall be for the Office of Juvenile Justice
and Delinquency Prevention for the Safe Start Program, to be
administered as authorized by part C of the Juvenile Justice
and Delinquency Act of 1974, as amended; and
(D) $200,000 for the Attorney General to conduct a study
and prepare a report to be submitted to the Subcommittee on
Commerce, Justice and State Appropriations of the Senate and
House of Representatives Appropriations Committee on the
response of local law enforcement agencies to emergency calls
involving domestic violence;
(10) $64,925,000 for Grants to Encourage Arrest Policies to
States, units of local government, and Indian tribal
governments, as authorized by section 1001(a)(19) of the
1968 Act;
(11) $39,945,000 for Rural Domestic Violence and Child
Abuse Enforcement Assistance Grants, as authorized by section
40295 of the 1994 Act;
(12) $4,989,000 for training programs to assist probation
and parole officers who work with released sex offenders, as
authorized by section 40152(c) of the 1994 Act, and for local
demonstration projects;
[[Page H7990]]
(13) $3,000,000 for grants to States and units of local
government to improve the process for entering data regarding
stalking and domestic violence into local, State, and
national crime information databases, as authorized by
section 40602 of the 1994 Act;
(14) $10,000,000 for grants to reduce Violent Crimes
Against Women on Campus, as authorized by section 1108(a) of
Public Law 106-386;
(15) $40,000,000 for Legal Assistance for Victims, as
authorized by section 1201 of Public Law 106-386;
(16) $5,000,000 for enhancing protection for older and
disabled women from domestic violence and sexual assault as
authorized by section 40801 of the 1994 Act;
(17) $15,000,000 for the Safe Havens for Children Pilot
Program as authorized by section 1301 of Public Law 106-386;
(18) $200,000 for the study of standards and processes for
forensic exams of domestic violence, as authorized by section
1405 of Public Law 106-386;
(19) $7,500,000 for Education and Training to end violence
against and abuse of women with disabilities, as authorized
by section 1402 of Public Law 106-386;
(20) $10,000,000 for victim services programs for victims
of trafficking, as authorized by section 107(b)(2) of Public
Law 106-386;
(21) $70,000,000 for grants for residential substance abuse
treatment for State prisoners, as authorized by section
1001(a)(17) of the 1968 Act: Provided, That States that have
in-prison drug treatment programs, in compliance with Federal
requirements, may use their residential substance abuse grant
funds for treatment, both during incarceration and after
release;
(22) $898,000 for the Missing Alzheimer's Disease Patient
Alert Program, as authorized by section 240001(c) of the 1994
Act;
(23) $50,000,000 for Drug Courts, as authorized by title V
of the 1994 Act;
(24) $1,497,000 for Law Enforcement Family Support
Programs, as authorized by section 1001(a)(21) of the 1968
Act;
(25) $1,995,000 for public awareness programs addressing
marketing scams aimed at senior citizens, as authorized by
section 250005(3) of the 1994 Act;
(26) $249,450,000 for Juvenile Accountability Incentive
Block Grants, of which $38,000,000 shall be available for
grants, contracts, and other assistance under the Project
ChildSafe Initiative, except that such funds shall be subject
to the same terms and conditions as set forth in the
provisions under this heading for this program in Public Law
105-119, but all references in such provisions to 1998 shall
be deemed to refer instead to 2002, and Guam shall be
considered a ``State'' for the purposes of title III of H.R.
3, as passed by the House of Representatives on May 8, 1997;
and
(27) $1,298,000 for Motor Vehicle Theft Prevention
Programs, as authorized by section 220002(h) of the 1994
Act: Provided, That funds made available in fiscal year
2002 under subpart 1 of part E of title I of the 1968 Act
may be obligated for programs to assist States in the
litigation processing of death penalty Federal habeas
corpus petitions and for drug testing initiatives:
Provided further, That, if a unit of local government uses
any of the funds made available under this title to
increase the number of law enforcement officers, the unit
of local government will achieve a net gain in the number
of law enforcement officers who perform nonadministrative
public safety service.
Weed and Seed Program Fund
For necessary expenses, including salaries and related
expenses of the Executive Office for Weed and Seed, to
implement ``Weed and Seed'' program activities, $58,925,000,
to remain available until expended, for inter-governmental
agreements, including grants, cooperative agreements, and
contracts, with State and local law enforcement agencies,
non-profit organizations, and agencies of local government
engaged in the investigation and prosecution of violent
crimes and drug offenses in ``Weed and Seed'' designated
communities, and for either reimbursements or transfers to
appropriation accounts of the Department of Justice and other
Federal agencies which shall be specified by the Attorney
General to execute the ``Weed and Seed'' program strategy:
Provided, That funds designated by Congress through language
for other Department of Justice appropriation accounts for
``Weed and Seed'' program activities shall be managed and
executed by the Attorney General through the Executive Office
for Weed and Seed: Provided further, That the Attorney
General may direct the use of other Department of Justice
funds and personnel in support of ``Weed and Seed'' program
activities only after the Attorney General notifies the
Committees on Appropriations of the House of Representatives
and the Senate in accordance with section 605 of this Act.
Community Oriented Policing Services
For activities authorized by the Violent Crime Control and
Law Enforcement Act of 1994, Public Law 103-322 (``the 1994
Act'') (including administrative costs), $1,050,440,000, to
remain available until expended: Provided, That prior year
balances available in this program shall be used for the
direct hiring of law enforcement officers through the
Universal Hiring Program: Provided further, That section 1703
(b) and (c) of the 1968 Act shall not apply to non-hiring
grants made pursuant to part Q of title I thereof (42 U.S.C.
3796dd et seq.): Provided further, That all prior year
balances derived from the Violent Crime Trust Fund for
Community Oriented Policing Services may be transferred into
this appropriation: Provided further, That the officer
redeployment demonstration described in Section 1701(b)(1)(C)
shall not apply to equipment, technology, support system or
overtime grants made pursuant to part Q of title I thereof
(42 U.S.C. 3796 dd et seq.).
Of the amounts provided:
(1) for Public Safety and Community Policing Grants
pursuant to title I of the 1994 Act, $496,014,000 as follows:
$330,000,000 for the hiring of law enforcement officers,
including up to $180,000,000 for school resource officers;
$20,662,000 for training and technical assistance;
$25,444,000 for the matching grant program for Law
Enforcement Armor Vests pursuant to section 2501 of part Y of
the Omnibus Crime Control and Safe Streets Act of 1968, as
amended (``the 1968 Act''); $35,000,000 to improve tribal law
enforcement including equipment and training; $70,473,000 for
policing initiatives to combat methamphetamine production and
trafficking and to enhance policing initiatives in ``drug hot
spots''; and $14,435,000 for Police Corps education,
training, and service under sections 200101-200113 of the
1994 Act;
(2) for crime technology, $351,632,000 as follows:
$154,345,000 for a law enforcement technology program;
$35,000,000 for grants to upgrade criminal records, as
authorized under the Crime Identification Technology Act of
1998 (42 U.S.C. 14601); $40,000,000 for DNA analysis and
backlog reduction of which $35,000,000 shall be used as
authorized by the DNA Analysis Backlog Elimination Act of
2000 (Public Law 106-546) and of which $5,000,000 shall be
available for Paul Coverdell Forensic Sciences Improvement
Grants under part BB of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3797j et seq.);
$35,000,000 for State and local DNA laboratories as
authorized by section 1001(a)(22) of the 1968 Act, and
improvements to forensic laboratory general forensic science
capacity and capabilities; and $87,287,000 for grants,
contracts and other assistance to States under section 102(b)
of the Crime Identification Technology Act of 1998 (42 U.S.C.
14601), of which $17,000,000 is for the National Institute of
Justice for grants, contracts, and other agreements to
develop school safety technologies and training;
(3) for prosecution assistance, $99,780,000 as follows:
$49,780,000 for a national program to reduce gun violence,
and $50,000,000 for the Southwest Border Prosecutor
Initiative to reimburse State, county, parish, tribal, or
municipal governments only for Federal costs associated with
the prosecution of criminal cases declined by local U.S.
Attorneys offices;
(4) for grants, training, technical assistance, and other
expenses to support community crime prevention efforts,
$70,202,000 as follows: $14,967,000 for Project Sentry;
$14,934,000 for an offender re-entry program; $23,338,000 for
the Safe Schools Initiative; and $16,963,000 for a police
integrity program; and
(5) not to exceed $32,812,000 for program management and
administration.
Juvenile Justice Programs
For grants, contracts, cooperative agreements, and other
assistance authorized by the Juvenile Justice and Delinquency
Prevention Act of 1974, as amended (``the Act''), including
salaries and expenses in connection therewith to be
transferred to and merged with the appropriations for Justice
Assistance, $286,403,000, to remain available until expended,
as authorized by section 299 of part I of title II and
section 506 of title V of the Act, as amended by Public Law
102-586, of which: (1) notwithstanding any other provision of
law, $6,832,000 shall be available for expenses authorized by
part A of title II of the Act, $88,804,000 shall be
available for expenses authorized by part B of title II of
the Act, and $58,513,000 shall be available for expenses
authorized by part C of title II of the Act: Provided,
That $26,442,000 of the amounts provided for part B of
title II of the Act, as amended, is for the purpose of
providing additional formula grants under part B to States
that provide assurances to the Administrator that the
State has in effect (or will have in effect no later than
1 year after date of application) policies and programs
that ensure that juveniles are subject to accountability-
based sanctions for every act for which they are
adjudicated delinquent; (2) $11,974,000 shall be available
for expenses authorized by sections 281 and 282 of part D
of title II of the Act for prevention and treatment
programs relating to juvenile gangs; (3) $9,978,000 shall
be available for expenses authorized by section 285 of
part E of title II of the Act; (4) $15,965,000 shall be
available for expenses authorized by part G of title II of
the Act for juvenile mentoring programs; and (5)
$94,337,000 shall be available for expenses authorized by
title V of the Act for incentive grants for local
delinquency prevention programs; of which $12,472,000
shall be for delinquency prevention, control, and system
improvement programs for tribal youth; of which
$14,513,000 shall be available for the Safe Schools
Initiative including $5,033,000 for grants, contracts, and
other assistance under the Project Sentry Initiative; and
of which $25,000,000 shall be available for grants of
$360,000 to each State and $6,640,000 shall be available
for discretionary grants to States, for programs and
activities to enforce State laws prohibiting the sale of
alcoholic beverages to minors or the purchase or
consumption of alcoholic beverages by minors, prevention
and reduction of consumption of alcoholic beverages by
minors, and for technical assistance and training:
Provided further, That of amounts made available under the
Juvenile Justice Programs of the Office of Justice
Programs to carry out part B (relating to Federal
Assistance for State and Local Programs), subpart II of
part C (relating to Special Emphasis Prevention and
Treatment Programs), part D (relating to Gang-Free Schools
and Communities and Community-Based Gang Intervention),
part E (relating to State Challenge Activities), and part
G (relating to Mentoring) of title II of the Juvenile
Justice and Delinquency Prevention Act of 1974, and to
carry out the At-Risk Children's Program under title V of
that Act, not more than 10 percent of
[[Page H7991]]
each such amount may be used for research, evaluation, and
statistics activities designed to benefit the programs or
activities authorized under the appropriate part or title,
and not more than 2 percent of each such amount may be
used for training and technical assistance activities
designed to benefit the programs or activities authorized
under that part or title.
In addition, for grants, contracts, cooperative agreements,
and other assistance, $10,976,000 to remain available until
expended, for developing, testing, and demonstrating programs
designed to reduce drug use among juveniles.
In addition, for grants, contracts, cooperative agreements,
and other assistance authorized by the Victims of Child Abuse
Act of 1990, as amended, $8,481,000, to remain available
until expended, as authorized by section 214B of the Act.
Public Safety Officers Benefits
To remain available until expended, for payments authorized
by part L of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796), as amended, such sums
as are necessary, as authorized by section 6093 of Public Law
100-690 (102 Stat. 4339-4340); and $4,500,000, to remain
available until expended for payments as authorized by
section 1201(b) of said Act.
General Provisions--Department of Justice
Sec. 101. In addition to amounts otherwise made available
in this title for official reception and representation
expenses, a total of not to exceed $45,000 from funds
appropriated to the Department of Justice in this title shall
be available to the Attorney General for official reception
and representation expenses in accordance with distributions,
procedures, and regulations established by the Attorney
General.
Sec. 102. Authorities contained in the Department of
Justice Appropriation Authorization Act, Fiscal Year 1980
(Public Law 96-132; 93 Stat. 1040 (1979)), as amended, shall
remain in effect until the effective date of a subsequent
Department of Justice Appropriation Authorization Act.
Sec. 103. None of the funds appropriated by this title
shall be available to pay for an abortion, except where the
life of the mother would be endangered if the fetus were
carried to term, or in the case of rape: Provided, That
should this prohibition be declared unconstitutional by a
court of competent jurisdiction, this section shall be null
and void.
Sec. 104. None of the funds appropriated under this title
shall be used to require any person to perform, or facilitate
in any way the performance of, any abortion.
Sec. 105. Nothing in the preceding section shall remove the
obligation of the Director of the Bureau of Prisons to
provide escort services necessary for a female inmate to
receive such service outside the Federal facility: Provided,
That nothing in this section in any way diminishes the effect
of section 104 intended to address the philosophical beliefs
of individual employees of the Bureau of Prisons.
Sec. 106. Notwithstanding any other provision of law, not
to exceed $10,000,000 of the funds made available in this Act
may be used to establish and publicize a program under which
publicly advertised, extraordinary rewards may be paid, which
shall not be subject to spending limitations contained in
sections 3059 and 3072 of title 18, United States Code:
Provided, That any reward of $100,000 or more, up to a
maximum of $2,000,000, may not be made without the personal
approval of the President or the Attorney General and such
approval may not be delegated: Provided further, That rewards
made pursuant to section 501 of Public Law 107-56 shall not
be subject to this section.
Sec. 107. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of
Justice 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 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 except in compliance
with the procedures set forth in that section.
Sec. 108. Notwithstanding any other provision of law,
$1,000,000 shall be available for technical assistance from
the funds appropriated for part G of title II of the Juvenile
Justice and Delinquency Prevention Act of 1974, as amended.
Sec. 109. Section 286 of the Immigration and Nationality
Act (8 U.S.C. 1356), as amended, is further amended as
follows:
(1) by striking in subsection (d) ``$6'', and inserting
``$7'';
(2) by amending subsection (e)(1), by replacing ``No'' with
``Except as provided in paragraph (3), no''; and
(3) by adding a new paragraph (e)(3) as follows:
``(3) The Attorney General is authorized to charge and
collect $3 per individual for the immigration inspection or
pre-inspection of each commercial vessel passenger whose
journey originated in the United States or in any place set
forth in paragraph (1): Provided, That this authorization
shall not apply to immigration inspection at designated ports
of entry of passengers arriving by the following vessels,
when operating on a regular schedule: Great Lakes
international ferries, or Great Lakes Vessels on the Great
Lakes and connecting waterways.''.
Sec. 110. Section 286(q)(1)(A) of the Immigration and
Nationality Act of 1953, as amended, is further amended by
striking ``6'' and inserting ``96''.
Sec. 111. (a) Section 1402(d)(3) of the Victims of Crime
Act of 1984, is amended by striking the period at the end and
inserting ``, and for a Victim Notification System.''.
(b) Section 1402(c) of the Victims of Crime Act of 1984 is
amended to read as it did on October 25, 2001.
Sec. 112. Section 6 of the Hmong Veterans' Naturalization
Act of 2000 (Public Law 106-207; 8 U.S.C. 1423 note) (as
amended by Public Law 106-415) is amended by striking ``18
months'' each place such term appears and inserting ``36
months''.
Sec. 113. No provision of section 614 of Public Law 107-56
shall incorporate the organization that administers Title I
of the Violent Crime Control and Law Enforcement Act of 1994
(Public Law 103-322) (Community Oriented Policing Services),
its programs 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
September 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 officers, 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 section, 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
Nationality Act (8 U.S.C. 1423), or any similar provision of
law requiring that a person demonstrate an understanding of
the English language 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.
(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 certificate
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
[[Page H7992]]
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
subsection 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 paragraph (2).
(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 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 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 States as the
Attorney General may direct. No master or commanding 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 expedient, 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
Appropriations 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 available 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 authorized 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 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
demountable 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 Compliance, $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 services 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 collected and accepted for materials or
services provided as part of such activities may be retained
for use in covering the cost of such activities, and for
providing information to the public with respect to the
export administration and national security activities of the
Department of Commerce and other export control programs of
the United States and other governments.
Economic Development Administration
Economic Development Assistance Programs
For grants for economic development assistance as provided
by the Public Works and Economic Development Act of 1965, as
amended, and for trade adjustment assistance, $335,000,000,
to remain available until expended.
Salaries and Expenses
For necessary expenses of administering the economic
development assistance programs as
[[Page H7993]]
provided for by law, $30,557,000: Provided, That these funds
may be used to monitor projects approved pursuant to title I
of the Public Works Employment Act of 1976, as amended, title
II of the Trade Act of 1974, as amended, and the Community
Emergency Drought Relief Act of 1977.
Minority Business Development Agency
Minority Business Development
For necessary expenses of the Department of Commerce in
fostering, promoting, and developing minority business
enterprise, including expenses of grants, contracts, and
other agreements with public or private organizations,
$28,381,000.
Economic and Information Infrastructure
Economic and Statistical Analysis
Salaries and Expenses
For necessary expenses, as authorized by law, of economic
and statistical analysis programs of the Department of
Commerce, $62,515,000, to remain available until September
30, 2003.
Bureau of the Census
Salaries and Expenses
For expenses necessary for collecting, compiling,
analyzing, preparing, and publishing statistics, provided for
by law, $169,424,000.
Periodic Censuses and Programs
For necessary expenses related to the 2000 decennial
census, $85,238,000, to remain available until expended:
Provided, That, of the total amount available related to the
2000 decennial census ($85,238,000 in new appropriations and
$54,000,000 in deobligated balances from prior years),
$8,606,000 is for Program Development and Management;
$68,330,000 is for Data Content and Products; $9,455,000 is
for Field Data Collection and Support Systems; $24,462,000 is
for Automated Data Processing and Telecommunications 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
implementing 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 Federal 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 Administration, 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 withholding 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 furtherance of its assigned functions
under this paragraph, and such funds received from other
Government agencies shall remain available 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: 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 telecommunications research
activities for projects related directly to the development
of a national information infrastructure: Provided further,
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, notwithstanding any other provision
of law, no entity that receives telecommunications 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 Department
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
Trademark 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.
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
Partnership 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
architectural and engineering design, and for renovation of
existing facilities, 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 conducting activities
pursuant to cooperative agreements; and relocation of
facilities as authorized by 33 U.S.C. 883i, $2,253,697,000,
to remain available until expended: Provided, That fees and
donations 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, notwithstanding 31 U.S.C. 3302: Provided further,
That, in addition, $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
[[Page H7994]]
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 further, 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 previous 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 further, That the R/V FAIRWEATHER
shall be homeported in Ketchikan, 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 Facilities'' account for
activities funded under this heading may be transferred 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 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 provided under this heading for expenses
necessary to carry out conservation 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
Enhancement 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.
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
Management Act of 1976, as amended (Public Law 100-627), and
the American Fisheries Promotion Act (Public Law 96-561), to
be derived from the fees imposed under the foreign fishery
observer program authorized by these Acts, not to exceed
$191,000, to remain available until expended.
fisheries finance program account
For the cost of direct loans, $287,000, as authorized by
the Merchant Marine Act of 1936, as amended: Provided, That
such costs, including the cost of modifying such loans, shall
be as defined in section 502 of the Congressional 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
appropriations 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 authorized by law (5 U.S.C. 5901-
5902).
Sec. 203. None of the funds made available by this Act may
be used to support the hurricane reconnaissance aircraft and
activities that are under the control of the United States
Air Force or the United States Air Force 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 procedures 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 pertaining to the services to be provided by such
fund, either on hand or on order, less the related
liabilities or unpaid obligations, and any appropriations
made for the purpose of providing capital shall be used to
capitalize such fund: Provided further, That such fund shall
be paid in advance from funds available to the Department 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) software and systems (either acquired or
donated), and an amount necessary to maintain a reasonable
operating reserve, as determined by the Secretary: Provided
further, That such fund shall provide
[[Page H7995]]
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 management, ADP, and other support
systems: Provided further, That such amounts retained in the
fund for fiscal year 2002 and each fiscal year thereafter
shall be available for obligation and expenditure only in
accordance with section 605 of this Act: Provided further,
That no later than 30 days after the end of each fiscal year,
amounts in excess of this reserve limitation shall be
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 agreement with the Medical
University of South Carolina, $6,000,000 is appropriated to
the Thayer School of Engineering for the nanocrystalline
materials and biomass research initiative, $3,000,000 is
appropriated to the Institute for Information Infrastructure
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 Residential
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
Reimbursements'' 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, Convention 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.
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