[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.
Sec. 211. Section 213(a) of Title II of Division C of
Public Law 105-277 is amended by striking the second sentence
and inserting in lieu thereof: ``There are authorized to be
appropriated $6,700,000 per year to carry out the provisions
of this Act through fiscal year 2004.''.
This title may be cited as the ``Department of Commerce and
Related Agencies Appropriations Act, 2002''.
TITLE III--THE JUDICIARY
Supreme Court of the United States
salaries and expenses
For expenses necessary for the operation of the Supreme
Court, as required by law, excluding care of the building and
grounds, including purchase or hire, driving, maintenance,
and operation of an automobile for the Chief Justice, not to
exceed $10,000 for the purpose of transporting Associate
Justices, and hire of passenger motor vehicles as authorized
by 31 U.S.C. 1343 and 1344; not to exceed $10,000 for
official reception and representation expenses; and for
miscellaneous expenses, to be expended as the Chief Justice
may approve, $39,988,000.
care of the building and grounds
For such expenditures as may be necessary to enable the
Architect of the Capitol to carry out the duties imposed upon
the Architect by the Act approved May 7, 1934 (40 U.S.C. 13a-
13b), $37,530,000, which shall remain available until
expended.
United States Court of Appeals for the Federal Circuit
salaries and expenses
For salaries of the chief judge, judges, and other officers
and employees, and for necessary expenses of the court, as
authorized by law, $19,287,000.
United States Court of International Trade
Salaries and expenses
For salaries of the chief judge and eight judges, salaries
of the officers and employees of the court, services as
authorized by 5 U.S.C. 3109, and necessary expenses of the
court, as authorized by law, $13,064,000.
Courts of Appeals, District Courts, and Other Judicial Services
salaries and expenses
For the salaries of circuit and district judges (including
judges of the territorial courts of the United States),
justices and judges retired from office or from regular
active service, judges of the United States Court of Federal
Claims, bankruptcy judges, magistrate judges, and all other
officers and employees of the Federal Judiciary not otherwise
specifically provided for, and necessary expenses of the
courts, as authorized by law, $3,591,116,000 (including the
purchase of firearms and ammunition); of which not to exceed
$27,817,000 shall remain available until expended for space
alteration projects and for furniture and furnishings related
to new space alteration and construction projects.
In addition, for expenses of the United States Court of
Federal Claims associated with processing cases under the
National Childhood Vaccine Injury Act of 1986, not to exceed
$2,692,000, to be appropriated from the Vaccine Injury
Compensation Trust Fund.
defender services
For the operation of Federal Public Defender and Community
Defender organizations; the compensation and reimbursement of
expenses of attorneys appointed to represent persons under
the Criminal Justice Act of 1964, as amended; the
compensation and reimbursement of expenses of persons
furnishing investigative, expert and other services under the
Criminal Justice Act of 1964 (18 U.S.C. 3006A(e)); the
compensation (in accordance with Criminal Justice Act
maximums) and reimbursement of expenses of attorneys
appointed to assist the court in criminal cases where the
defendant has waived representation by counsel; the
compensation and reimbursement of travel expenses of
guardians ad litem acting on behalf of financially eligible
minor or incompetent offenders in connection with transfers
from the United States to foreign countries with which the
United States has a treaty for the execution of penal
sentences; the compensation of attorneys appointed to
represent jurors in civil actions for the protection of their
employment, as authorized by 28 U.S.C. 1875(d); and for
necessary training and general administrative expenses,
$500,671,000, to remain available until expended as
authorized by 18 U.S.C. 3006A(i).
fees of jurors and commissioners
For fees and expenses of jurors as authorized by 28 U.S.C.
1871 and 1876; compensation of jury commissioners as
authorized by 28 U.S.C. 1863; and compensation of
commissioners appointed in condemnation cases pursuant to
rule 71A(h) of the Federal Rules of Civil Procedure (28
U.S.C. Appendix Rule 71A(h)), $48,131,000, to remain
available until expended: Provided, That the compensation of
land commissioners shall not exceed the daily equivalent of
the highest rate payable under section 5332 of title 5,
United States Code.
court security
For necessary expenses, not otherwise provided for,
incident to providing protective guard services for United
States courthouses and the procurement, installation, and
maintenance of security equipment for United States
courthouses and other facilities housing Federal court
operations, including building ingress-egress control,
inspection of mail and packages, directed security patrols,
and other similar activities as authorized by section 1010 of
the Judicial Improvement and Access to Justice Act (Public
Law 100-702), $220,677,000, of which not to exceed
$10,000,000 shall remain available until expended for
security systems or contract costs for court security
officers, to be expended directly or transferred to the
United States Marshals Service, which shall be responsible
for administering the Judicial Facility Security Program
consistent with standards or guidelines agreed to by the
Director of the Administrative Office of the United States
Courts and the Attorney General.
Administrative Office of the United States Courts
salaries and expenses
For necessary expenses of the Administrative Office of the
United States Courts as authorized by law, including travel
as authorized by 31 U.S.C. 1345, hire of a passenger motor
vehicle as authorized by 31 U.S.C. 1343(b), advertising and
rent in the District of Columbia and elsewhere, $61,664,000,
of which not to exceed $8,500 is authorized for official
reception and representation expenses.
Federal Judicial Center
salaries and expenses
For necessary expenses of the Federal Judicial Center, as
authorized by Public Law 90-219, $19,735,000; of which
$1,800,000 shall remain available through September 30, 2003,
to provide education and training to Federal court personnel;
and of which not to exceed $1,000 is authorized for official
reception and representation expenses.
Judicial Retirement Funds
payment to judiciary trust funds
For payment to the Judicial Officers' Retirement Fund, as
authorized by 28 U.S.C. 377(o), $26,700,000; to the Judicial
Survivors' Annuities Fund, as authorized by 28 U.S.C. 376(c),
$8,400,000; and to the United States Court of Federal Claims
Judges' Retirement Fund, as authorized by 28 U.S.C. 178(l),
$1,900,000.
United States Sentencing Commission
salaries and expenses
For the salaries and expenses necessary to carry out the
provisions of chapter 58 of title 28, United States Code,
$11,575,000, of which not to exceed $1,000 is authorized for
official reception and representation expenses.
General Provisions--the Judiciary
Sec. 301. Appropriations and authorizations made in this
title which are available for salaries and expenses shall be
available for services as authorized by 5 U.S.C. 3109.
[[Page H7996]]
Sec. 302. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Judiciary in
this Act may be transferred between such appropriations, but
no such appropriation, except ``Courts of Appeals, District
Courts, and Other Judicial Services, Defender Services'' and
``Courts of Appeals, District Courts, and Other Judicial
Services, Fees of Jurors and Commissioners'', shall be
increased by more than 10 percent by any such transfers:
Provided, That any transfer pursuant to this section shall be
treated as a reprogramming of funds under section 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. 303. Notwithstanding any other provision of law, the
salaries and expenses appropriation for district courts,
courts of appeals, and other judicial services shall be
available for official reception and representation expenses
of the Judicial Conference of the United States: Provided,
That such available funds shall not exceed $11,000 and shall
be administered by the Director of the Administrative Office
of the United States Courts in the capacity as Secretary of
the Judicial Conference.
Sec. 304. Of the unexpended balances transferred to the
Commission on Structural Alternatives in Federal Appellate
Courts, $400,000 shall be transferred to, and merged with,
funds in the ``Federal Judicial Center, Salaries and
Expenses'' appropriations account to be available only for
distance learning.
Sec. 305. Pursuant to section 140 of Public Law 97-92,
justices and judges of the United States are authorized
during fiscal year 2002, to receive a salary adjustment in
accordance with 28 U.S.C. 461: Provided, That $8,625,000 is
appropriated for salary adjustments pursuant to this section
and such funds shall be transferred to and merged with
appropriations in title III of this Act.
This title may be cited as the ``Judiciary Appropriations
Act, 2002''.
TITLE IV--DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic and consular programs
For necessary expenses of the Department of State and the
Foreign Service not otherwise provided for, including
employment, without regard to civil service and
classification laws, of persons on a temporary basis (not to
exceed $700,000 of this appropriation), as authorized by
section 801 of the United States Information and Educational
Exchange Act of 1948, as amended; representation to certain
international organizations in which the United States
participates pursuant to treaties ratified pursuant to the
advice and consent of the Senate or specific Acts of
Congress; arms control, nonproliferation and disarmament
activities as authorized; acquisition by exchange or purchase
of passenger motor vehicles as authorized by law; and for
expenses of general administration, $3,142,277,000: Provided,
That, of the amount made available under this heading, not to
exceed $4,000,000 may be transferred to, and merged with,
funds in the ``Emergencies in the Diplomatic and Consular
Service'' appropriations account, to be available only for
emergency evacuations and terrorism rewards: Provided
further, That, of the amount made available under this
heading, $270,259,000 shall be available only for public
diplomacy international information programs: Provided
further, That of the amount made available under this
heading, $694,190,000 shall be available only for information
resource management: Provided further, That notwithstanding
section 140(a)(5), and the second sentence of section
140(a)(3), of the Foreign Relations Authorization Act, Fiscal
Years 1994 and 1995, fees may be collected during fiscal
years 2002 and 2003, under the authority of section 140(a)(1)
of that Act: Provided further, That all fees collected under
the preceding proviso shall be deposited in fiscal years 2002
and 2003 as an offsetting collection to appropriations made
under this heading to recover costs as set forth under
section 140(a)(2) of that Act and shall remain available
until expended: Provided further, That, of the amount made
available under this heading, $1,800,000 shall be available
for a grant to conduct an international conference on
combating sex trafficking: Provided further, That no funds
may be obligated or expended for processing licenses for the
export of satellites of United States origin (including
commercial satellites and satellite components) to the
People's Republic of China unless, at least 15 days in
advance, the Committees on Appropriations of the House of
Representatives and the Senate are notified of such proposed
action.
In addition, not to exceed $1,343,000 shall be derived from
fees collected from other executive agencies for lease or use
of facilities located at the International Center in
accordance with section 4 of the International Center Act, as
amended; in addition, as authorized by section 5 of such Act,
$490,000, to be derived from the reserve authorized by that
section, to be used for the purposes set out in that section;
in addition, as authorized by section 810 of the United
States Information and Educational Exchange Act, not to
exceed $6,000,000, to remain available until expended, may be
credited to this appropriation from fees or other payments
received from English teaching, library, motion pictures, and
publication programs and from fees from educational advising
and counseling and exchange visitor programs; and, in
addition, not to exceed $15,000, which shall be derived from
reimbursements, surcharges, and fees for use of Blair House
facilities.
In addition, for the costs of worldwide security upgrades,
$487,735,000, to remain available until expended.
capital investment fund
For necessary expenses of the Capital Investment Fund,
$203,000,000, to remain available until expended, as
authorized: Provided, That section 135(e) of Public Law 103-
236 shall not apply to funds available under this heading.
office of inspector general
For necessary expenses of the Office of Inspector General,
$29,000,000, notwithstanding section 209(a)(1) of the Foreign
Service Act of 1980, as amended (Public Law 96-465), as it
relates to post inspections.
educational and cultural exchange programs
For expenses of educational and cultural exchange programs,
as authorized, $237,000,000, to remain available until
expended: Provided, That not to exceed $2,000,000, to remain
available until expended, may be credited to this
appropriation from fees or other payments received from or in
connection with English teaching, educational advising and
counseling programs, and exchange visitor programs as
authorized.
representation allowances
For representation allowances as authorized, $6,485,000.
protection of foreign missions and officials
For expenses, not otherwise provided, to enable the
Secretary of State to provide for extraordinary protective
services, as authorized, $9,400,000, to remain available
until September 30, 2003.
embassy security, construction, and maintenance
For necessary expenses for carrying out the Foreign Service
Buildings Act of 1926, as amended (22 U.S.C. 292-300),
preserving, maintaining, repairing, and planning for
buildings that are owned or directly leased by the Department
of State, renovating, in addition to funds otherwise
available, the Harry S Truman Building, and carrying out the
Diplomatic Security Construction Program as authorized,
$458,000,000, to remain available until expended as
authorized, of which not to exceed $25,000 may be used for
domestic and overseas representation as authorized: Provided,
That none of the funds appropriated in this paragraph shall
be available for acquisition of furniture, furnishings, or
generators for other departments and agencies.
In addition, for the costs of worldwide security upgrades,
acquisition, and construction as authorized, $815,960,000, to
remain available until expended.
emergencies in the diplomatic and consular service
For expenses necessary to enable the Secretary of State to
meet unforeseen emergencies arising in the Diplomatic and
Consular Service, $6,500,000, to remain available until
expended as authorized, of which not to exceed $1,000,000 may
be transferred to and merged with the Repatriation Loans
Program Account, subject to the same terms and conditions.
repatriation loans program account
For the cost of direct loans, $612,000, as authorized:
Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974. In addition, for
administrative expenses necessary to carry out the direct
loan program, $607,000, which may be transferred to and
merged with the Diplomatic and Consular Programs account
under Administration of Foreign Affairs.
payment to the american institute in taiwan
For necessary expenses to carry out the Taiwan Relations
Act, Public Law 96-8, $17,044,000.
payment to the foreign service retirement and disability fund
For payment to the Foreign Service Retirement and
Disability Fund, as authorized by law, $135,629,000.
International Organizations and Conferences
contributions to international organizations
For expenses, not otherwise provided for, necessary to meet
annual obligations of membership in international
multilateral organizations, pursuant to treaties ratified
pursuant to the advice and consent of the Senate, conventions
or specific Acts of Congress, $850,000,000: Provided, That
any payment of arrearages under this title shall be directed
toward special activities that are mutually agreed upon by
the United States and the respective international
organization: Provided further, That none of the funds
appropriated in this paragraph shall be available for a
United States contribution to an international organization
for the United States share of interest costs made known to
the United States Government by such organization for loans
incurred on or after October 1, 1984, through external
borrowings: Provided further, That, of the funds appropriated
in this paragraph, $100,000,000 may be made available only
pursuant to a certification by the Secretary of State that
the United Nations has taken no action in calendar year 2001
prior to the date of enactment of this Act to increase
funding for any United Nations program without identifying an
offsetting decrease elsewhere in the United Nations budget
and cause the United Nations to exceed the budget for the
biennium 2000-2001 of $2,535,700,000: Provided further, That
if the Secretary of State is unable to make the
aforementioned certification, the $100,000,000 is to be
applied to paying the current year assessment for other
international organizations for which the assessment has not
been paid in full or to paying the assessment due in the next
fiscal year for such organizations, subject to the
reprogramming procedures contained in section 605 of this
Act: Provided further, That funds appropriated under this
paragraph may be obligated and expended to pay the full
United States assessment to the civil budget of the North
Atlantic Treaty Organization.
[[Page H7997]]
contributions for international peacekeeping activities
For necessary expenses to pay assessed and other expenses
of international peacekeeping activities directed to the
maintenance or restoration of international peace and
security, $844,139,000, of which 15 percent shall remain
available until September 30, 2003: Provided, That none of
the funds made available under this Act shall be obligated or
expended for any new or expanded United Nations peacekeeping
mission unless, at least 15 days in advance of voting for the
new or expanded mission in the United Nations Security
Council (or in an emergency as far in advance as is
practicable): (1) the Committees on Appropriations of the
House of Representatives and the Senate and other appropriate
committees of the Congress are notified of the estimated cost
and length of the mission, the vital national interest that
will be served, and the planned exit strategy; and (2) a
reprogramming of funds pursuant to section 605 of this Act is
submitted, and the procedures therein followed, setting forth
the source of funds that will be used to pay for the cost of
the new or expanded mission: Provided further, That funds
shall be available for peacekeeping expenses only upon a
certification by the Secretary of State to the appropriate
committees of the Congress that American manufacturers and
suppliers are being given opportunities to provide equipment,
services, and material for United Nations peacekeeping
activities equal to those being given to foreign
manufacturers and suppliers: Provided further, That none of
the funds made available under this heading are available to
pay the United States share of the cost of court monitoring
that is part of any United Nations peacekeeping mission.
international commissions
For necessary expenses, not otherwise provided for, to meet
obligations of the United States arising under treaties, or
specific Acts of Congress, as follows:
international boundary and water commission, united states and mexico
For necessary expenses for the United States Section of the
International Boundary and Water Commission, United States
and Mexico, and to comply with laws applicable to the United
States Section, including not to exceed $6,000 for
representation; as follows:
salaries and expenses
For salaries and expenses, not otherwise provided for,
$24,705,000.
construction
For detailed plan preparation and construction of
authorized projects, $5,450,000, to remain available until
expended, as authorized.
american sections, international commissions
For necessary expenses, not otherwise provided, for the
International Joint Commission and the International Boundary
Commission, United States and Canada, as authorized by
treaties between the United States and Canada or Great
Britain, and for the Border Environment Cooperation
Commission as authorized by Public Law 103-182, $9,911,000,
of which not to exceed $9,000 shall be available for
representation expenses incurred by the International Joint
Commission.
international fisheries commissions
For necessary expenses for international fisheries
commissions, not otherwise provided for, as authorized by
law, $20,480,000: Provided, That the United States' share of
such expenses may be advanced to the respective commissions
pursuant to 31 U.S.C. 3324.
Other
payment to the asia foundation
For a grant to the Asia Foundation, as authorized by the
Asia Foundation Act (22 U.S.C. 4402), as amended, $9,250,000,
to remain available until expended, as authorized.
eisenhower exchange fellowship program trust fund
For necessary expenses of Eisenhower Exchange Fellowships,
Incorporated, as authorized by sections 4 and 5 of the
Eisenhower Exchange Fellowship Act of 1990 (20 U.S.C. 5204-
5205), all interest and earnings accruing to the Eisenhower
Exchange Fellowship Program Trust Fund on or before September
30, 2002, to remain available until expended: Provided, That
none of the funds appropriated herein shall be used to pay
any salary or other compensation, or to enter into any
contract providing for the payment thereof, in excess of the
rate authorized by 5 U.S.C. 5376; or for purposes which are
not in accordance with OMB Circulars A-110 (Uniform
Administrative Requirements) and A-122 (Cost Principles for
Non-profit Organizations), including the restrictions on
compensation for personal services.
israeli arab scholarship program
For necessary expenses of the Israeli Arab Scholarship
Program as authorized by section 214 of the Foreign Relations
Authorization Act, Fiscal Years 1992 and 1993 (22 U.S.C.
2452), all interest and earnings accruing to the Israeli Arab
Scholarship Fund on or before September 30, 2002, to remain
available until expended.
East-West Center
To enable the Secretary of State to provide for carrying
out the provisions of the Center for Cultural and Technical
Interchange Between East and West Act of 1960, by grant to
the Center for Cultural and Technical Interchange Between
East and West in the State of Hawaii, $14,000,000: Provided,
That none of the funds appropriated herein shall be used to
pay any salary, or enter into any contract providing for the
payment thereof, in excess of the rate authorized by 5 U.S.C.
5376.
national endowment for democracy
For grants made by the Department of State to the National
Endowment for Democracy as authorized by the National
Endowment for Democracy Act, $33,500,000, to remain available
until expended.
RELATED AGENCY
Broadcasting Board of Governors
international broadcasting operations
For expenses necessary to enable the Broadcasting Board of
Governors, as authorized, to carry out international
communication activities, $428,234,000, of which not to
exceed $16,000 may be used for official receptions within the
United States as authorized, not to exceed $35,000 may be
used for representation abroad as authorized, and not to
exceed $39,000 may be used for official reception and
representation expenses of Radio Free Europe/Radio Liberty;
and in addition, notwithstanding any other provision of law,
not to exceed $2,000,000 in receipts from advertising and
revenue from business ventures, not to exceed $500,000 in
receipts from cooperating international organizations, and
not to exceed $1,000,000 in receipts from privatization
efforts of the Voice of America and the International
Broadcasting Bureau, to remain available until expended for
carrying out authorized purposes.
broadcasting to cuba
For necessary expenses to enable the Broadcasting Board of
Governors to carry out broadcasting to Cuba, including the
purchase, rent, construction, and improvement of facilities
for radio and television transmission and reception, and
purchase and installation of necessary equipment for radio
and television transmission and reception, $24,872,000, to
remain available until expended.
broadcasting capital improvements
For the purchase, rent, construction, and improvement of
facilities for radio transmission and reception, and purchase
and installation of necessary equipment for radio and
television transmission and reception as authorized,
$25,900,000, to remain available until expended, as
authorized.
General Provisions--Department of State and Related Agency
Sec. 401. Funds appropriated under this title shall be
available, except as otherwise provided, for allowances and
differentials as authorized by subchapter 59 of title 5,
United States Code; for services as authorized by 5 U.S.C.
3109; and for hire of passenger transportation pursuant to 31
U.S.C. 1343(b).
Sec. 402. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of
State in this Act may be transferred between such
appropriations, but no such appropriation, except as
otherwise specifically provided, shall be increased by more
than 10 percent by any such transfers: Provided, That not to
exceed 5 percent of any appropriation made available for the
current fiscal year for the Broadcasting Board of Governors
in this Act may be transferred between such appropriations,
but no such appropriation, except as otherwise specifically
provided, shall be increased by more than 10 percent by any
such transfers: Provided further, That any transfer pursuant
to this section shall be treated as a reprogramming of funds
under section 605 of this Act and shall not be available for
obligation or expenditure except in compliance with the
procedures set forth in that section.
Sec. 403. None of the funds made available in this Act may
be used by the Department of State or the Broadcasting Board
of Governors to provide equipment, technical support,
consulting services, or any other form of assistance to the
Palestinian Broadcasting Corporation.
Sec. 404. Hereafter, none of the funds appropriated or
otherwise made available for the United Nations may be used
by the United Nations for the promulgation or enforcement of
any treaty, resolution, or regulation authorizing the United
Nations, or any of its specialized agencies or affiliated
organizations, to tax any aspect of the Internet or
international currency transactions.
Sec. 405. Funds appropriated by this Act for the
Broadcasting Board of Governors and the Department of State
may be obligated and expended notwithstanding section 313 of
the Foreign Relations Authorization Act, Fiscal Years 1994
and 1995, and section 15 of the State Department Basic
Authorities Act of 1956, as amended.
Sec. 406. The Mutual Educational and Cultural Exchange Act
of 1961 (22 U.S.C. 2451 et seq.) is amended by adding at the
end the following new section:
``SEC. 114. ALLOCATION OF FUNDS TRANSFERRED TO THE BUREAU OF
EDUCATIONAL AND CULTURAL AFFAIRS.
``Of each amount transferred to the Bureau of Educational
and Cultural Affairs out of appropriations other than
appropriations under the heading `Educational and Cultural
Exchange Programs' for support of an educational or cultural
exchange program, notwithstanding any other provision of law,
not more than 7.5 percent shall be made available to cover
administrative expenses incurred in connection with support
of the program. Amounts made available to cover
administrative expenses shall be credited to the
appropriations under the heading `Educational and Cultural
Exchange Programs' and shall remain available until
expended.''.
Sec. 407. (a) Section 1334 of the Foreign Affairs Reform
and Restructuring Act of 1998 (as enacted in division G of
the Omnibus Consolidated and Emergency Supplemental
Appropriations Act, 1999; Public Law 105-277 and amended by
section 404(a) of the Admiral James W. Nance and Meg Donovan
Foreign Relations Authorization Act, Fiscal Years 2000 and
2001) is amended by striking ``October 1, 2001'' and
inserting ``October 1, 2005''.
(b) The amendment made by subsection (a) shall take effect
as if included in the enactment
[[Page H7998]]
of the Admiral James W. Nance and Meg Donovan Foreign
Relations Authorization Act, Fiscal Years 2000 and 2001.
(c) The provisions of law repealed by section 404(c) of the
Admiral James W. Nance and Meg Donovan Foreign Relations
Authorization Act, Fiscal Years 2000 and 2001 (section 404(c)
of division A of H.R. 3427, as enacted into law by section
1000(a)(7) of Public Law 106-113; appendix G; 113 Stat.
1501A-446) are hereby reenacted into law.
(d) Notwithstanding any other provision of law, any period
of discontinuity of the United States Advisory Commission on
Public Diplomacy shall not affect the appointment or terms of
service of members of the commission.
Sec. 408. (a) Section 303 of the Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 1988 (as enacted into law by section
101(a) of Public Law 100-202) is amended in the first
sentence by striking ``$440,000'' and inserting ``$620,000''.
(b)(1) Section 2(2) of the joint resolution entitled
``Joint resolution to authorize participation by the United
States in parliamentary conferences of the North Atlantic
Treaty Organization'', approved July 11, 1956 (22 U.S.C.
1928b) is amended--
(A) by striking ``$100,000'' and inserting ``$200,000'';
and
(B) by striking ``$50,000'' each of the two places it
appears and inserting ``$100,000''.
(2) Section 2 of the joint resolution entitled ``Joint
resolution to authorize participation by the United States in
parliamentary conferences with Mexico'', approved April 9,
1960 (22 U.S.C. 276i) is amended--
(A) by striking ``$80,000'' and inserting ``$120,000''; and
(B) by striking ``$40,000'' each of the two places it
appears and inserting ``$60,000''.
(3) Section 2 of the joint resolution entitled ``Joint
resolution to authorize participation by the United States in
parliamentary conferences with Canada'', approved June 11,
1959 (22 U.S.C. 276e) is amended--
(A) by striking ``$70,000'' and inserting ``$150,000''; and
(B) by striking ``$35,000'' each of the two places it
appears and inserting ``$75,000''.
(4) Section 109(b) of the Department of State Authorization
Act, Fiscal Years 1984 and 1985 (22 U.S.C. 276 note) is
amended by striking ``$50,000'' and inserting ``$100,000''.
(c) Notwithstanding any other provision of law, whenever
either the House of Representatives or the Senate does not
appoint its allotment of members as part of the American
delegation or group to a conference or assembly of the
British-American Interparliamentary Group, the Conference on
Security and Cooperation in Europe (CSCE), the Mexico-United
States Interparliamentary Group, the North Atlantic Assembly,
or any similar interparliamentary group of which the United
States is a member or participates and so notifies the other
body of Congress, the other body may make appointments to
complete the membership of the American delegation. Any
appointment pursuant to this section shall be for the period
of such conference or assembly and the body of Congress
making such an appointment shall be responsible for the
expenses of any member so appointed. Any such appointment
shall be made in the same manner in which other appointments
to the delegation by such body of Congress are made.
This title may be cited as the ``Department of State and
Related Agency Appropriations Act, 2002''.
TITLE V--RELATED AGENCIES
DEPARTMENT OF TRANSPORTATION
Maritime Administration
maritime security program
For necessary expenses to maintain and preserve a U.S.-flag
merchant fleet to serve the national security needs of the
United States, $98,700,000, to remain available until
expended.
operations and training
For necessary expenses of operations and training
activities authorized by law, $89,054,000, of which
$13,000,000 shall remain available until expended for capital
improvements at the United States Merchant Marine Academy.
maritime guaranteed loan (title xi) program account
For the cost of guaranteed loans, as authorized by the
Merchant Marine Act, 1936, $33,000,000, to remain available
until expended: Provided, That such costs, including the cost
of modifying such loans, shall be as defined in section 502
of the Congressional Budget Act of 1974, as amended.
In addition, for administrative expenses to carry out the
guaranteed loan program, not to exceed $3,978,000, which
shall be transferred to and merged with the appropriation for
Operations and Training.
administrative provisions--maritime administration
Notwithstanding any other provision of this Act, the
Maritime Administration is authorized to furnish utilities
and services and make necessary repairs in connection with
any lease, contract, or occupancy involving Government
property under control of the Maritime Administration, and
payments received therefore shall be credited to the
appropriation charged with the cost thereof: Provided, That
rental payments under any such lease, contract, or occupancy
for items other than such utilities, services, or repairs
shall be covered into the Treasury as miscellaneous receipts.
No obligations shall be incurred during the current fiscal
year from the construction fund established by the Merchant
Marine Act, 1936, or otherwise, in excess of the
appropriations and limitations contained in this Act or in
any prior Appropriations Act.
Commission for the Preservation of America's Heritage Abroad
salaries and expenses
For expenses for the Commission for the Preservation of
America's Heritage Abroad, $489,000, as authorized by section
1303 of Public Law 99-83.
Commission on Civil Rights
salaries and expenses
For necessary expenses of the Commission on Civil Rights,
including hire of passenger motor vehicles, $9,096,000:
Provided, That not to exceed $50,000 may be used to employ
consultants: Provided further, That none of the funds
appropriated in this paragraph shall be used to employ in
excess of four full-time individuals under Schedule C of the
Excepted Service exclusive of one special assistant for each
Commissioner: Provided further, That none of the funds
appropriated in this paragraph shall be used to reimburse
Commissioners for more than 75 billable days, with the
exception of the chairperson, who is permitted 125 billable
days.
Commission on International Religious Freedom
salaries and expenses
For necessary expenses for the United States Commission on
International Religious Freedom, as authorized by title II of
the International Religious Freedom Act of 1998 (Public Law
105-292), $3,000,000, to remain available until expended.
Commission on Ocean Policy
SALARIES AND EXPENSES
For the necessary expenses of the Commission on Ocean
Policy, pursuant to Public Law 106-256, $3,000,000, to remain
available until expended: Provided, That the Commission shall
present to the Congress within 18 months of appointment its
recommendations for a national ocean policy.
Commission on Security and Cooperation in Europe
salaries and expenses
For necessary expenses of the Commission on Security and
Cooperation in Europe, as authorized by Public Law 94-304,
$1,499,000, to remain available until expended as authorized
by section 3 of Public Law 99-7.
Congressional-Executive Commission on the People's Republic of China
salaries and expenses
For necessary expenses of the Congressional-Executive
Commission on the People's Republic of China, as authorized,
$1,000,000, to remain available until expended.
Equal Employment Opportunity Commission
salaries and expenses
For necessary expenses of the Equal Employment Opportunity
Commission as authorized by title VII of the Civil Rights Act
of 1964, as amended (29 U.S.C. 206(d) and 621-634), the
Americans with Disabilities Act of 1990, and the Civil Rights
Act of 1991, including services as authorized by 5 U.S.C.
3109; hire of passenger motor vehicles as authorized by 31
U.S.C. 1343(b); non-monetary awards to private citizens;
and not to exceed $30,000,000 for payments to State and
local enforcement agencies for services to the Commission
pursuant to title VII of the Civil Rights Act of 1964, as
amended, sections 6 and 14 of the Age Discrimination in
Employment Act, the Americans with Disabilities Act of
1990, and the Civil Rights Act of 1991, $310,406,000:
Provided, That the Commission is authorized to make
available for official reception and representation
expenses not to exceed $2,500 from available funds.
Federal Communications Commission
salaries and expenses
For necessary expenses of the Federal Communications
Commission, as authorized by law, including uniforms and
allowances therefor, as authorized by 5 U.S.C. 5901-5902; not
to exceed $600,000 for land and structure; not to exceed
$500,000 for improvement and care of grounds and repair to
buildings; not to exceed $4,000 for official reception and
representation expenses; purchase (not to exceed 16) and hire
of motor vehicles; special counsel fees; and services as
authorized by 5 U.S.C. 3109, $245,071,000, of which not to
exceed $300,000 shall remain available until September 30,
2003, for research and policy studies: Provided, That
$218,757,000 of offsetting collections shall be assessed and
collected pursuant to section 9 of title I of the
Communications Act of 1934, as amended, and shall be retained
and used for necessary expenses in this appropriation, and
shall remain available until expended: Provided further, That
the sum herein appropriated shall be reduced as such
offsetting collections are received during fiscal year 2002
so as to result in a final fiscal year 2002 appropriation
estimated at $26,314,000: Provided further, That any
offsetting collections received in excess of $218,757,000 in
fiscal year 2002 shall remain available until expended, but
shall not be available for obligation until October 1, 2002.
Federal Maritime Commission
salaries and expenses
For necessary expenses of the Federal Maritime Commission
as authorized by section 201(d) of the Merchant Marine Act,
1936, as amended (46 U.S.C. App. 1111), including services as
authorized by 5 U.S.C. 3109; hire of passenger motor vehicles
as authorized by 31 U.S.C. 1343(b); and uniforms or
allowances therefor, as authorized by 5 U.S.C. 5901-5902,
$16,458,000: Provided, That not to exceed $2,000 shall be
available for official reception and representation expenses.
Federal Trade Commission
salaries and expenses
For necessary expenses of the Federal Trade Commission,
including uniforms or allowances
[[Page H7999]]
therefor, as authorized by 5 U.S.C. 5901-5902; services as
authorized by 5 U.S.C. 3109; hire of passenger motor
vehicles; not to exceed $2,000 for official reception and
representation expenses, $155,982,000: Provided, That not to
exceed $300,000 shall be available for use to contract with a
person or persons for collection services in accordance with
the terms of 31 U.S.C. 3718, as amended: Provided further,
That, notwithstanding any other provision of law, not to
exceed $155,982,000 of offsetting collections derived from
fees collected for premerger notification filings under the
Hart-Scott-Rodino Antitrust 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, to remain available until
expended: Provided further, That none of the funds made
available to the Federal Trade Commission shall be available
for obligation for expenses authorized by section 151 of the
Federal Deposit Insurance Corporation Improvement Act of 1991
(Public Law 102-242; 105 Stat. 2282-2285).
Legal Services Corporation
payment to the legal services corporation
For payment to the Legal Services Corporation to carry out
the purposes of the Legal Services Corporation Act of 1974,
as amended, $329,300,000, of which $310,000,000 is for basic
field programs and required independent audits; $2,500,000 is
for the Office of Inspector General, of which such amounts as
may be necessary may be used to conduct additional audits of
recipients; $12,400,000 is for management and administration;
and $4,400,000 is for client self-help and information
technology.
administrative provisions--legal services corporation
None of the funds appropriated in this Act to the Legal
Services Corporation shall be expended for any purpose
prohibited or limited by, or contrary to any of the
provisions of, sections 501, 502, 503, 504, 505, and 506 of
Public Law 105-119, and all funds appropriated in this Act to
the Legal Services Corporation shall be subject to the same
terms and conditions set forth in such sections, except that
all references in sections 502 and 503 to 1997 and 1998 shall
be deemed to refer instead to 2001 and 2002, respectively.
Section 504(a)(16) of Public Law 104-134 is hereafter
amended by striking ``if such relief does not involve'' and
all that follows through ``representation''.
Marine Mammal Commission
salaries and expenses
For necessary expenses of the Marine Mammal Commission as
authorized by title II of Public Law 92-522, as amended,
$1,957,000.
National Veterans Business Development Corporation
For necessary expenses of the National Veterans Business
Development Corporation as authorized under section 33(a) of
the Small Business Act, as amended, $4,000,000.
Pacific Charter Commission
salaries and expenses
For necessary expenses for the Pacific Charter Commission,
as authorized by the Pacific Charter Commission Act of 2000
(Public Law 106-570), $1,500,000, to remain available until
expended.
Securities and Exchange Commission
salaries and expenses
For necessary expenses for the Securities and Exchange
Commission, including services as authorized by 5 U.S.C.
3109, the rental of space (to include multiple year leases)
in the District of Columbia and elsewhere, and not to exceed
$3,000 for official reception and representation expenses,
$109,500,000 from fees collected in fiscal year 2002 to
remain available until expended, and from fees collected in
previous fiscal years, $328,400,000, to remain available
until expended; of which not to exceed $10,000 may be used
toward funding a permanent secretariat for the International
Organization of Securities Commissions; and of which not to
exceed $100,000 shall be available for expenses for
consultations and meetings hosted by the Commission with
foreign governmental and other regulatory officials, members
of their delegations, appropriate representatives and staff
to exchange views concerning developments relating to
securities matters, development and implementation of
cooperation agreements concerning securities matters and
provision of technical assistance for the development of
foreign securities markets, such expenses to include
necessary logistic and administrative expenses and the
expenses of Commission staff and foreign invitees in
attendance at such consultations and meetings including: (1)
such incidental expenses as meals taken in the course of such
attendance; (2) any travel and transportation to or from such
meetings; and (3) any other related lodging or subsistence:
Provided, That fees and charges authorized by sections
6(b)(4) of the Securities Act of 1933 (15 U.S.C. 77f(b)(4))
and 31(d) of the Securities Exchange Act of 1934 (15 U.S.C.
78ee(d)) shall be credited to this account as offsetting
collections: Provided further, That in the event that H.R.
1088, the Investor and Capital Markets Fee Relief Act, or
other legislation to amend section 6(b) of the Securities Act
of 1933 (15 U.S.C. 77f(b)), and sections 13(e), 14(g), and 31
of the Securities Exchange Act of 1934 (15 U.S.C. 78m(e),
78n(g) and 78ee), is enacted into law prior to the date on
which a regular appropriation to the Commission for fiscal
year 2003 is enacted, the fees, charges, and assessments
authorized by such sections, as amended, shall be deposited
and credited to this account as offsetting collections:
Provided further, That fees collected as authorized by
section 31 of the Securities Exchange Act of 1934 (15 U.S.C.
78ee) for sales transacted on, and with respect to securities
registered solely on, an exchange that is initially granted
registration as a national securities exchange after February
24, 2000 shall be credited to this account as offsetting
collections: Provided further, That for purposes of
collections under section 31, a security shall not be deemed
registered on a national securities exchange solely because
that national securities exchange continues or extends
unlisted trading privileges to that security.
Small Business Administration
salaries and expenses
For necessary expenses, not otherwise provided for, of the
Small Business Administration as authorized by Public Law
105-135, including hire of passenger motor vehicles as
authorized by 31 U.S.C. 1343 and 1344, and not to exceed
$3,500 for official reception and representation expenses,
$308,476,000: Provided, That the Administrator is authorized
to charge fees to cover the cost of publications developed by
the Small Business Administration, and certain loan servicing
activities: Provided further, That, notwithstanding 31 U.S.C.
3302, revenues received from all such activities shall be
credited to this account, to be available for carrying out
these purposes without further appropriations: Provided
further, That $88,000,000 shall be available to fund grants
for performance in fiscal year 2002 or fiscal year 2003 as
authorized by section 21 of the Small Business Act, as
amended.
office of inspector general
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, as amended (5 U.S.C. App.), $11,464,000.
business loans program account
For the cost of direct loans, $1,860,000, to be available
until expended; and for the cost of guaranteed loans,
$78,000,000, as authorized by 15 U.S.C. 631 note, of which
$45,000,000 shall remain available until September 30, 2003:
Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended: Provided
further, That during fiscal year 2002 commitments to
guarantee loans under section 503 of the Small Business
Investment Act of 1958, as amended, shall not exceed
$4,500,000,000, as provided under section 20(h)(1)(B)(ii) of
the Small Business Act: Provided further, That during fiscal
year 2002 commitments for general business loans authorized
under section 7(a) of the Small Business Act, as amended,
shall not exceed $10,000,000,000 without prior notification
of the Committees on Appropriations of the House of
Representatives and Senate in accordance with section 605 of
this Act: Provided further, That during fiscal year 2002
commitments to guarantee loans for debentures and
participating securities under section 303(b) of the Small
Business Investment Act of 1958, as amended, shall not exceed
the levels established by section 20(h)(1)(C) of the Small
Business Act.
In addition, for administrative expenses to carry out the
direct and guaranteed loan programs, $129,000,000, which may
be transferred to and merged with the appropriations for
Salaries and Expenses.
disaster loans program account
For the cost of direct loans authorized by section 7(b) of
the Small Business Act, as amended, $87,360,000, to remain
available until expended: Provided, That such costs,
including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of
1974, as amended.
In addition, for administrative expenses to carry out the
direct loan program, $122,354,000, which may be transferred
to and merged with appropriations for Salaries and Expenses,
of which $500,000 is for the Office of Inspector General of
the Small Business Administration for audits and reviews of
disaster loans and the disaster loan program and shall be
transferred to and merged with appropriations for the Office
of Inspector General; of which $112,000,000 is for direct
administrative expenses of loan making and servicing to carry
out the direct loan program; and of which $9,854,000 is for
indirect administrative expenses: Provided, That any amount
in excess of $9,854,000 to be transferred to and merged with
appropriations for Salaries and Expenses for indirect
administrative expenses 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.
administrative provision--small business administration
Not to exceed 5 percent of any appropriation made available
for the current fiscal year for the Small Business
Administration in this Act may be transferred between such
appropriations, but no such appropriation shall be increased
by more than 10 percent by any such transfers: Provided, That
any transfer pursuant to this paragraph shall be treated as a
reprogramming of funds under 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.
State Justice Institute
salaries and expenses
For necessary expenses of the State Justice Institute, as
authorized by the State Justice Institute Authorization Act
of 1992 (Public Law 102-572; 106 Stat. 4515-4516),
$3,000,000: Provided, That not to exceed $2,500 shall be
available for official reception and representation expenses.
[[Page H8000]]
United States-Canada Alaska Rail Commission
SALARIES AND EXPENSES
For necessary expenses of the ``United States-Canada Alaska
Rail Commission'', as authorized by Title III of Public Law
106-520, $2,000,000, to remain available until expended.
TITLE VI--GENERAL PROVISIONS
Sec. 601. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes not
authorized by the Congress.
Sec. 602. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 603. The expenditure of any appropriation under this
Act for any consulting service through procurement contract,
pursuant to 5 U.S.C. 3109, shall be limited to those
contracts where such expenditures are a matter of public
record and available for public inspection, except where
otherwise provided under existing law, or under existing
Executive order issued pursuant to existing law.
Sec. 604. If any provision of this Act or the application
of such provision to any person or circumstances shall be
held invalid, the remainder of the Act and the application of
each provision to persons or circumstances other than those
as to which it is held invalid shall not be affected thereby.
Sec. 605. (a) None of the funds provided under this Act, or
provided under previous appropriations Acts to the agencies
funded by this Act that remain available for obligation or
expenditure in fiscal year 2002, or provided from any
accounts in the Treasury of the United States derived by the
collection of fees available to the agencies funded by this
Act, shall be available for obligation or expenditure through
a reprogramming of funds which: (1) creates new programs; (2)
eliminates a program, project, or activity; (3) increases
funds or personnel by any means for any project or activity
for which funds have been denied or restricted; (4) relocates
an office or employees; (5) reorganizes offices, programs, or
activities; or (6) contracts out or privatizes any functions
or activities presently performed by Federal employees;
unless the Appropriations Committees of both Houses of
Congress are notified 15 days in advance of such
reprogramming of funds.
(b) None of the funds provided under this Act, or provided
under previous appropriations Acts to the agencies funded by
this Act that remain available for obligation or expenditure
in fiscal year 2002, or provided from any accounts in the
Treasury of the United States derived by the collection of
fees available to the agencies funded by this Act, shall be
available for obligation or expenditure for activities,
programs, or projects through a reprogramming of funds in
excess of $500,000 or 10 percent, whichever is less, that:
(1) augments existing programs, projects, or activities; (2)
reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent
as approved by Congress; or (3) results from any general
savings from a reduction in personnel which would result
in a change in existing programs, activities, or projects
as approved by Congress; unless the Appropriations
Committees of both Houses of Congress are notified 15 days
in advance of such reprogramming of funds.
Sec. 606. None of the funds made available in this Act may
be used for the construction, repair (other than emergency
repair), overhaul, conversion, or modernization of vessels
for the National Oceanic and Atmospheric Administration in
shipyards located outside of the United States.
Sec. 607. (a) Purchase of American-Made Equipment and
Products.--It is the sense of the Congress that, to the
greatest extent practicable, all equipment and products
purchased with funds made available in this Act should be
American-made.
(b) Notice Requirement.--In providing financial assistance
to, or entering into any contract with, any entity using
funds made available in this Act, the head of each Federal
agency, to the greatest extent practicable, shall provide to
such entity a notice describing the statement made in
subsection (a) by the Congress.
(c) Prohibition of Contracts With Persons Falsely Labeling
Products as Made in America.--If it has been finally
determined by a court or Federal agency that any person
intentionally affixed a label bearing a ``Made in America''
inscription, or any inscription with the same meaning, to any
product sold in or shipped to the United States that is not
made in the United States, the person shall be ineligible to
receive any contract or subcontract made with funds made
available in this Act, pursuant to the debarment, suspension,
and ineligibility procedures described in sections 9.400
through 9.409 of title 48, Code of Federal Regulations.
Sec. 608. None of the funds made available in this Act may
be used to implement, administer, or enforce any guidelines
of the Equal Employment Opportunity Commission covering
harassment based on religion, when it is made known to the
Federal entity or official to which such funds are made
available that such guidelines do not differ in any respect
from the proposed guidelines published by the Commission on
October 1, 1993 (58 Fed. Reg. 51266).
Sec. 609. None of the funds made available by this Act may
be used for any United Nations undertaking when it is made
known to the Federal official having authority to obligate or
expend such funds: (1) that the United Nations undertaking is
a peacekeeping mission; (2) that such undertaking will
involve United States Armed Forces under the command or
operational control of a foreign national; and (3) that the
President's military advisors have not submitted to the
President a recommendation that such involvement is in the
national security interests of the United States and the
President has not submitted to the Congress such a
recommendation.
Sec. 610. (a) None of the funds appropriated or otherwise
made available by this Act shall be expended for any purpose
for which appropriations are prohibited by section 609 of the
Departments of Commerce, Justice, and State, the Judiciary,
and Related Agencies Appropriations Act, 1999.
(b) The requirements in subparagraphs (A) and (B) of
section 609 of that Act shall continue to apply during fiscal
year 2002.
Sec. 611. Hereafter, none of the funds appropriated or
otherwise made available to the Bureau of Prisons shall be
used to provide the following amenities or personal comforts
in the Federal prison system--
(1) in-cell television viewing except for prisoners who are
segregated from the general prison population for their own
safety;
(2) the viewing of R, X, and NC-17 rated movies, through
whatever medium presented;
(3) any instruction (live or through broadcasts) or
training equipment for boxing, wrestling, judo, karate, or
other martial art, or any bodybuilding or weightlifting
equipment of any sort;
(4) possession of in-cell coffee pots, hot plates or
heating elements; or
(5) the use or possession of any electric or electronic
musical instrument.
Sec. 612. (a) The President shall submit as part of the
fiscal year 2003 budget to Congress a proposal to restructure
the Department of Justice to include a coordinator of
Department of Justice activities relating to combating
domestic terrorism, including State and local grant programs
subject to the authority of the Attorney General, and who
will serve as the Department of Justice representative at
interagency meetings on combating terrorism below the Cabinet
level.
(b) If the President does not submit a proposal as
described in subsection (a), or if Congress fails to enact
legislation establishing a new position described in
subsection (a), by June 30, 2002, then effective on such date
subsections (c) through (f) shall take effect.
(c)(1) Section 504 of title 28, United States Code, is
amended by inserting after ``General'' the following: ``and a
Deputy Attorney General for Combating Domestic Terrorism''.
(2) the Section heading for section 504 of title 28, United
States Code, is amended by striking ``Attorney'' and
inserting ``Attorneys''.
(d) The Deputy Attorney General for Combating Domestic
Terrorism (appointed under section 504 of title 28, United
States Code, as amended by subsection (c)) shall--
(1) serve as the principal adviser to the Attorney General
for combating terrorism, counterterrorism, and antiterrorism
policy;
(2) have responsibility for coordinating all functions
within the Department of Justice relating to combating
domestic terrorism including--
(A) policies, plans, and oversight, as they relate to
combating terrorism, counterterrorism, and antiterrorism
activities;
(B) State and local preparedness for terrorist events;
(C) security classifications and clearances within the
Department of Justice;
(D) contingency operations within the Department of
Justice; and
(E) critical infrastructure.
(3) coordinate--
(A) all inter-agency interface between the Department of
Justice and other departments, agencies, and entities of the
United States, including State and local organizations,
engaged in combating terrorism, counterterrorism, and
antiterrorism activities; and
(B) the implementation of the national strategy for
combating terrorism by State and local entities with
responsibilities for combating domestic terrorism; and
(4) recommend changes in the organization and management of
the Department of Justice and State and local entities
engaged in combating domestic terrorism to the Attorney
General.
(e) There is appropriated, out of any money in the Treasury
of the United States not otherwise appropriated, for
necessary expenses of the Office of the Deputy Attorney
General for Combating Domestic Terrorism of the Department of
Justice, $1,000,000, to remain available until expended.
(f) Effective September 30, 2002, there is transferred to
the Deputy Attorney General for Combating Domestic Terrorism
all authorities, liabilities, funding, personnel, equipment,
and real property employed or used by, or associated with,
the Office of Domestic Preparedness, the National Domestic
Preparedness Office, the Executive Office of National
Security, and such appropriate components of the Office of
Intelligence Policy and Review as relate to combating
terrorism, counterterrorism, and antiterrorism activities.
Sec. 613. Any costs incurred by a department or agency
funded under this Act resulting from personnel actions taken
in response to funding reductions included in this Act 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. 614. Hereafter, none of the funds appropriated or
otherwise made available to the Federal Bureau of Prisons may
be used to distribute or make available any commercially
published information or material to a prisoner when it is
made known to the Federal official having authority to
obligate or expend such funds that
[[Page H8001]]
such information or material is sexually explicit or features
nudity.
Sec. 615. Of the funds appropriated in this Act under the
heading ``Office of Justice Programs--State and Local Law
Enforcement Assistance'', not more than 90 percent of the
amount to be awarded to an entity under the Local Law
Enforcement Block Grant shall be made available to such an
entity when it is made known to the Federal official having
authority to obligate or expend such funds that the entity
that employs a public safety officer (as such term is defined
in section 1204 of title I of the Omnibus Crime Control and
Safe Streets Act of 1968) does not provide such a public
safety officer who retires or is separated from service due
to injury suffered as the direct and proximate result of a
personal injury sustained in the line of duty while
responding to an emergency situation or a hot pursuit (as
such terms are defined by State law) with the same or better
level of health insurance benefits at the time of retirement
or separation as they received while on duty.
Sec. 616. None of the funds provided by this Act shall be
available to promote the sale or export of tobacco or tobacco
products, or to seek the reduction or removal by any foreign
country of restrictions on the marketing of tobacco or
tobacco products, except for restrictions which are not
applied equally to all tobacco or tobacco products of the
same type.
Sec. 617. (a) None of the funds appropriated or otherwise
made available by this Act shall be expended for any purpose
for which appropriations are prohibited by section 616 of the
Departments of Commerce, Justice, and State, the Judiciary,
and Related Agencies Appropriations Act, 1999, as amended.
(b) Subsection (a)(1) of section 616 of that Act, as
amended, is further amended by striking ``Claudy Myrthil,''.
(c) The requirements in subsections (b) and (c) of section
616 of that Act shall continue to apply during fiscal year
2002.
Sec. 618. None of the funds appropriated pursuant to this
Act or any other provision of law may be used for: (1) the
implementation of any tax or fee in connection with the
implementation of 18 U.S.C. 922(t); and (2) any system to
implement 18 U.S.C. 922(t) that does not require and result
in the destruction of any identifying information submitted
by or on behalf of any person who has been determined not to
be prohibited from owning a firearm.
Sec. 619. Notwithstanding any other provision of law,
amounts deposited or available in the Fund established under
42 U.S.C. 10601 in any fiscal year in excess of $550,000,000
shall not be available for obligation until the following
fiscal year, with the exception of emergency appropriations
made available by Public Law 107-38 and transferred to the
Fund.
Sec. 620. None of the funds made available to the
Department of Justice in this Act may be used to discriminate
against or denigrate the religious or moral beliefs of
students who participate in programs for which financial
assistance is provided from those funds, or of the parents or
legal guardians of such students.
Sec. 621. None of the funds appropriated or otherwise made
available to the Department of State and the Department of
Justice shall be available for the purpose of granting either
immigrant or nonimmigrant visas, or both, consistent with the
Secretary's determination under section 243(d) of the
Immigration and Nationality Act, to citizens, subjects,
nationals, or residents of countries that the Attorney
General has determined deny or unreasonably delay accepting
the return of citizens, subjects, nationals, or residents
under that section.
Sec. 622. None of the funds made available to the
Department of Justice in this Act may be used for the purpose
of transporting an individual who is a prisoner pursuant to
conviction for crime under State or Federal law and is
classified as a maximum or high security prisoner, other than
to a prison or other facility certified by the Federal Bureau
of Prisons as appropriately secure for housing such a
prisoner.
Sec. 623. The requirements of section 312(a)(3) of the
Magnuson-Stevens Fishery Conservation and Management Act
shall not apply to funds made available by section 2201 of
Public Law 106-246.
Sec. 624. (a) Section 203(i) of the Act entitled ``An Act
to approve a governing international agreement between the
United States and the Republic of Poland, and for other
purposes'', approved November 13, 1998, is amended by
striking ``2001'' and inserting ``2006''.
(b) Section 203 of such Act, as amended by subsection (a),
is further amended by adding at the end the following:
``(j) Not later than December 31, 2001, and every 2 years
thereafter, the Pacific State Marine Fisheries Commission
shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Resources
of the House of Representatives a report on the health and
management of the Dungeness Crab fishery located off the
coasts of the States of Washington, Oregon, and
California.''.
Sec. 625. Section 140 of Public Law 97-92 (28 U.S.C. 461
note; 95 Stat. 1200) is amended by adding at the end the
following: ``This section shall apply to fiscal year 1981 and
each fiscal year thereafter.''.
Sec. 626. (a) The President shall submit, by not later than
the time of submission of the Budget of the United States
Government for Fiscal Year 2003, a legislative proposal to
establish a comprehensive program to ensure fair, equitable,
and prompt compensation for all United States victims of
international terrorism (or relatives of deceased United
States victims of international terrorism) that occurred or
occurs on or after November 1, 1979.
(b) The legislative proposal shall include, among other
things, which types of events should be covered; which
categories of individuals should be covered by a compensation
program; the means by which United States victims of prior or
future acts of international terrorism, including those with
hostage claims against foreign states, will be covered; the
establishment of a Special Master to administer the program;
the categories of injuries for which there should be
compensation; the process by which any collateral source of
compensation to a victim (or a relative of a deceased victim)
for an act of international terrorism shall be offset from
any compensation that may be paid to that victim (or that
relative) under the program established by this section; and
identifiable sources of funds including assets of any state
sponsor of terrorism to make payments under the program.
(c) Amend 28 U.S.C. Section 1605(a)(7)(A) by inserting at
the end, before the semicolon, the following: ``or the act is
related to Case Number 1:00CV03110(ESG) in the United States
District Court for the District of Columbia''.
Sec. 627. No funds appropriated by this Act may be used by
Federal prisons to purchase cable television services, to
rent or purchase videocassettes, videocassette recorders, or
other audiovisual or electronic equipment used primarily for
recreational purposes. The preceding sentence does not
preclude the renting, maintenance, or purchase of audiovisual
or electronic equipment for inmate training, religious, or
educational programs.
Sec. 628. Clause (ii) of section 621(5)(A) of the
Communications Satellite Act of 1962 (47 U.S.C. 763(5)(A)) is
amended by striking ``on or about October 1, 2000,'' and all
that follows through the end and inserting ``not later than
December 31, 2002, except that the Commission may extend this
deadline to not later than June 30, 2003.
Sec. 629. For an additional amount for ``Small Business
Administration, Salaries and Expenses'', $30,000,000, of
which $1,000,000 shall be available for a grant to Green
Thumb, Inc., to expand activities serving small businesses
and older entrepreneurs; $500,000 shall be available for a
grant to the New York Small Business Development Center to
establish veterans business outreach programs; $1,000,000
shall be for a grant to the University of West Florida for a
virtual business accelerator program; $1,000,000 shall be for
a grant to Hamilton County, Tennessee, to establish a high-
tech small business incubator; $500,000 shall be available
for a grant to the Oklahoma Department of Career and
Technology Education for a technology-based program for
vocational training for economic and job development;
$200,000 shall be available for a grant to Rural Enterprises,
Inc., in Durant, Oklahoma, to continue support for a resource
center for rural businesses; $100,000 shall be available for
a grant to Oklahoma State University for a center for
international trade development; $300,000 shall be for a
grant to the University of Montana to establish an economic
development resource center; $1,000,000 shall be for a grant
to George Mason University to conduct an information
technology business development program; $1,500,000 shall be
for a grant to Shenandoah University to develop a historical
and tourism development facility; $1,000,000 shall be for a
grant to the Software Productivity Consortium to develop a
facility to support demonstration programs on information
technology and telework; $1,000,000 shall be for a grant to
the Southern Kentucky Tourism Development Association for
continuation of a regional tourism promotion initiative;
$1,500,000 shall be for a grant to the Southern Kentucky
Economic Development Corporation for regional infrastructure
and economic development initiatives; $450,000 shall be for a
grant to Southern Kentucky Rehabilitation Industries for
financial assistance and small business development; $350,000
shall be available for a grant to the Catskill Mountain
Foundation to develop facilities and small business
assistance programs; $500,000 shall be for a grant to the
East Los Angeles Community Union to redevelop small business
assistance facilities; $300,000 shall be for a grant to the
Rockford, Illinois, Health Council for a pilot program on
small business health care insurance issues; $2,000,000 shall
be for a grant for the Illinois Coalition for a national
demonstration project providing one-stop assistance for
technology startup businesses; $1,000,000 shall be for a
grant to James Madison University for library programs and
facilities to assist small businesses; $300,000 shall be for
a grant to Lewis and Clark College in Lewiston, Idaho, to
develop a virtual business incubator; $300,000 shall be for a
grant to the City of Chesapeake, Virginia, to develop a
community and microenterprise development facility; $700,000
shall be for a grant to Social Compact for the ``Realizing
the Dream'' initiative; $1,000,000 shall be for a grant to
Soundview Community in Action for a technology access and
business improvement project; $500,000 shall be for a grant
to the Urban Justice Center in New York City for a community
development project; $1,000,000 shall be for a grant to the
Bronx Child Study Center at the Bronx-Lebanon Hospital
Center; $2,000,000 shall be for a grant to the Los Angeles
Conservancy for rebuilding and revitalization; $2,000,000
shall be to the Rhode Island School of Design for the
modernization of a building to establish a small business
incubator; $500,000 shall be for a grant to Johnstown Area
Regional Industries for a High Technology Initiative and a
Wireless/Digital Technology Program; $400,000 shall be for a
grant to Purdue University for the purposes of constructing
the Purdue Regional Technology Center in Lake County,
Indiana; $500,000 shall be for a grant to the NTTC at
Wheeling Jesuit University to continue the outreach program
to assist small business development; $400,000 shall be for a
grant to the Infotonics Center of Excellence in Rochester,
New York, for photonics incubation and business development;
$1,100,000 shall be for a grant to the MountainMade
Foundation to fulfill its charter purposes and to continue
the initiative developed by the NTTC for
[[Page H8002]]
promotion, business and sites development, and education of
artists and craftspeople; $500,000 shall be for a grant to
the West Virginia High Technology Consortium Foundation to
develop a small business commercialization grant program;
$400,000 shall be for a grant to the National Corrections and
Law Enforcement Training and Technology Center, Inc., to work
in conjunction with the Office of Law Enforcement Technology
Commercialization and the Moundsville Economic Development
Council for continued operations of the National Corrections
and Law Enforcement Training and Technology Center, and for
infrastructure improvements associated with this initiative;
$500,000 shall be for a grant to the Chippewa Falls
Industrial Development Corporation in Chippewa Falls,
Wisconsin, for a business development assistance program;
$400,000 shall be for a grant to the National Center for e-
Commerce at Polytechnic University in Brooklyn, New York;
$150,000 shall be for a grant to Portage County, Wisconsin,
for the establishment of a revolving loan fund; $1,000,000
shall be for a grant to the Upper Manhattan Empowerment Zone
to develop a community accessible recreational area and
economic development site along the Hudson River between
125th and 135th Streets; $150,000 is for a grant to the Long
Island Bay Shore Aquarium to develop a facility; $500,000 is
for a grant to Yonkers, New York, for the Nepperhan Valley
Technology Center; and $500,000 shall be for a grant for
Greenpoint Manufacturing and Design Center to acquire certain
properties to develop a small business incubator facility:
Provided, That Section 633 of Public Law 106-553 is amended
with respect to a grant of $1,000,000 for the City of Oak
Ridge, Tennessee, by inserting the words ``through a subaward
to the Oak Ridge Associated University for renovation and
expansion of a facility owned by the Oak Ridge Associated
University'' after ``to support technology and economic
development initiatives''.
Sec. 630. None of the funds appropriated or otherwise made
available by this Act shall be available for cooperation
with, or assistance or other support to, the International
Criminal Court or the Preparatory Commission. This subsection
shall not be construed to apply to any other entity outside
the Rome treaty.
TITLE VII--RESCISSIONS
DEPARTMENT OF JUSTICE
Legal Activities
assets forfeiture fund
(rescission)
Of the unobligated balances available under this heading,
$40,000,000 are rescinded.
DEPARTMENT OF COMMERCE
Departmental Management
emergency oil and gas guaranteed loan program account
(Rescission)
Of the unobligated balances available under this heading
from prior year appropriations, $5,200,000 are rescinded.
RELATED AGENCIES
DEPARTMENT OF TRANSPORTATION
Maritime Administration
ship construction
(rescission)
Of the unobligated balances available under this heading,
$4,400,000 are rescinded.
Securities and Exchange Commission
salaries and expenses
(rescission)
Of the unobligated balances available under this heading,
$50,000,000 are rescinded.
Small Business Administration
business loans program account
(rescission)
Of the unobligated balances available under this heading,
$5,500,000 are rescinded.
This Act may be cited as the ``Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 2002''.
And the Senate agree to the same.
Frank R. Wolf,
Harold Rogers,
Jim Kolbe,
Charles H. Taylor,
Ralph Regula,
Tom Latham,
Dan Miller,
David Vitter,
Bill Young,
Jose E. Serrano,
Alan B. Mollohan,
Lucille Roybal-Allard,
Robert E. Cramer, Jr.,
Patrick J. Kennedy,
David Obey,
Managers on the Part of the House.
Ernest Hollings,
Daniel K. Inouye,
Barbara A. Mikulski,
Patrick J. Leahy,
Herb Kohl,
Patty Murray,
Jack Reed,
Robert C. Byrd,
Judd Gregg,
Ted Stevens,
Pete V. Domenici,
Mitch McConnell,
Kay Bailey Hutchison,
Ben Nighthorse Campbell,
Thad Cochran,
Managers on the Part of the Senate.
JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE
The managers on the part of the House and the Senate at the
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, submit the
following joint statement to the House and the Senate in
explanation of the effect of the action agreed upon by the
managers and recommended in the accompanying conference
report. The legislative intent in the House and Senate
versions in H.R. 2500 is set forth in the accompanying House
report (H. Rept. 107-139 and the accompanying Senate report
(S. 107-42).
Senate amendment: The Senate deleted the entire House bill
after the enacting clause and inserted the Senate bill. The
conference agreement includes a revised bill.
TITLE I--DEPARTMENT OF JUSTICE
General Administration
SALARIES AND EXPENSES
The conference agreement includes $91,668,000 for General
Administration as proposed by the House, instead $93,433,000
as proposed by the Senate.
The conference agreement adopts by reference the House
report language regarding the planned integration of the
Immigration and Naturalization Service (INS) IDENT system and
the Federal Bureau of Investigation (FBI) IAFIS system.
The conference agreement adopts by reference the Senate
report language regarding a study for the establishment of an
International Law Enforcement Training Academy in Mexico.
The conferees continue to be concerned about the security
of classified information at the Department. The conferees
understand that Federal requirements for storage of
classified information mandate that the General Services
Administration approved containers are secured with locks
that meet or exceed Federal specifications. The conferees
expect the Department to report to the Committees no later
than March 1, 2002, identifying the number of Department-
controlled containers that are not in compliance with the
Federal specification.
The conferees are concerned that the Department of Justice
has not adequately focused its attention on the growing
problem of methamphetamine production and trafficking and the
strain this crime is placing on State and local law
enforcement resources. The Department of Justice is directed
to undertake a review of its current efforts in assisting
States and local communities with this growing problem and to
prepare a report that (1) defines the scope of the
methamphetamine problem nationwide; (2) identifies the
regions of the country most adversely affected by
methamphetamine production and trafficking; (3) identifies
the needs of State and local law enforcement in addressing
this issue; and (4) defines the Department's role in
providing training, investigative, and clean-up assistance to
States and localities. This plan shall be provided to the
Committee by February 15, 2002.
The conference agreement includes bill language, as
proposed by the House, specifying the amount of funding
provided for the Department Leadership Program and the
Offices of Legislative and Public Affairs.
JOINT AUTOMATED BOOKING SYSTEM
The conference agreement includes a total of $15,957,000
for the Joint Automated Booking System (JABS) program as
proposed by the House, instead of $22,500,000 as proposed by
the Senate. This includes $1,000,000 in direct appropriations
and a transfer of $14,957,000 from the Working Capital Fund.
The JABS program office may transfer both prior year
unobligated and current year JABS funds between components as
necessary to accelerate the deployment of the system
nationwide without recourse to a reprogramming. The JABS
program office is directed to report to the Committees on
Appropriations as necessary regarding the status of program
deployment.
NARROWBAND COMMUNICATIONS
The conference agreement includes a total of $104,615,000
for narrowband communications conversion activities as
proposed by the House, instead of $204,549,000 as proposed by
the Senate. This includes $94,615,000 in direct
appropriations and a $10,000,000 transfer from the Working
Capital Fund. The conferees note that there is $105,000,000
in prior year carryover in this account. The conference
agreement provides funding necessary to continue
implementation of the Department of Justice Wireless Network
and for operations and maintenance of legacy systems. The
conference agreement does not include language from the
Senate report regarding transfers from the Judiciary or the
State Department, or availability of funds for this account.
Instead, the Wireless Management Office is directed to
submit, as part of the fiscal year 2003 President's budget
submission, a program plan based on the final list of system
requirements and a breakout, by fiscal year and activity, of
the total program cost based on the program plan.
Counterterrorism Fund
The conference agreement includes $4,989,000 for the
Counterterrorism Fund as proposed by the House. The Senate
did not fund this program. When combined with $41,077,000 in
prior year carryover, this will make a total of $46,066,000
available in the Fund for fiscal year 2002 to cover
unanticipated, extraordinary expenses as a result of a
terrorist threat or incident.
Port Security
The conference agreement does not include $39,950,000 for
Port Security as proposed by
[[Page H8003]]
the Senate. The House did not address this matter.
The conferees believe that the Maritime Administration
(MARAD) is better suited to administer a port security
program. The conferees support any actions taken by MARAD to
work with local ports to improve security.
ADMINISTRATIVE REVIEW AND APPEALS
The conference agreement includes $173,647,000 for
Administrative Review and Appeals, instead of $178,751,000 as
proposed by the House and $45,813,000 as proposed by the
Senate.
The conference agreement includes $12,940,000 for
inflationary costs and other adjustments to base. The
conferees direct that the Executive Office of Immigration
Review fully fund contract court interpreter services as
necessary. The conferees adopt by reference the House
reporting requirement regarding the detention of criminal
aliens, but direct that the Immigration and Naturalization
Service prepare this report and submit it to the Committees
on Appropriations by December 28, 2001.
DETENTION TRUSTEE
The conference agreement includes $1,000,000 for the
Federal Detention Trustee, instead of $1,721,000 as proposed
by the House, and $88,884,000 as proposed by the Senate. The
conferees note that once again the Department has failed to
centralize funding for the Department's detention needs under
the Detention Trustee account as required by the fiscal year
2001 conference report. The Attorney General is directed, as
part of the fiscal year 2003 budget submission, to include
either a funding proposal to fully centralize all detention
funding under the Detention Trustee, or a plan for the
orderly shutdown of this office.
OFFICE OF INSPECTOR GENERAL
The conference agreement includes $50,735,000 for the
Office of Inspector General as proposed by the House, instead
of $46,006,000 as proposed by the Senate.
The conference agreement adopts by reference the House
report language regarding the provision of $5,000,000 to
expand the Inspector General's authorities in investigating
allegations of employee misconduct within the FBI and the
Drug Enforcement Administration (DEA).
United States Parole Commission
SALARIES AND EXPENSES
The conference agreement includes $9,876,000 for the United
States Parole Commission, instead of $10,915,000 as proposed
by the House and $8,836,000 as proposed by the Senate.
The conferees are aware that the Parole Commission is
scheduled to be phased out in November 2002. The conferees
are also aware that a substantial parole caseload, the
majority of which is District of Columbia prisoners, will
exist well into the future. As part of the fiscal year 2003
budget submission, the Attorney General is directed to
propose either an extension of the existing Commission or the
transfer of the residual caseload to a Federal or District of
Columbia agency. In the event the latter is proposed, the
budget submission should include a plan for the orderly
shutdown of the Parole Commission.
Legal Activities
SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES
The conference agreement includes $549,176,000 for General
Legal Activities, instead of $568,011,000 as proposed by the
House and $527,543,000 as proposed by the Senate.
The conference agreement adopts by reference the House
report language and funding levels for the Civil Rights
Division to enforce the Victims of Trafficking and Protection
Act of 2000 and to investigate and prosecute abuses in
facilities for individuals who are mentally ill and
developmentally disabled, nursing homes, juvenile
correctional facilities, and adult jails and prisons.
The conference agreement adopts by reference the Senate
report language and funding levels for the Criminal
Division's Child Exploitation and Obscenity section, Computer
Crime and Intellectual Property section, and Office of
Enforcement Operations, and the Civil Division's All Other
Torts section.
Within the Environment and Natural Resources Division's
base, the conference agreement adopts by reference the Senate
report language on the prosecution of drug labs in Federal
parklands and poaching on Federal lands.
The Department is directed to notify the Committees of its
fiscal year 2002 spending plan incorporating the above
initiatives no later than January 15, 2002. The plan will not
be subject to Committee approval unless it alters or fails to
incorporate any of the aforementioned items.
THE NATIONAL CHILDHOOD VACCINE INJURY ACT
The conference agreement includes a reimbursement of
$4,028,000 for fiscal year 2002 from the Vaccine Injury
Compensation Trust Fund to the Department of Justice, as
proposed by the House and Senate.
LEGAL ACTIVITIES OFFICE AUTOMATION
The conference agreement includes $15,765,000 for Legal
Activities Office Automation, instead of $34,600,000 as
proposed by the Senate. The House provided $18,835,000 for
Legal Activities Office Automation through the ``Salaries and
Expenses, General Legal Activities'' appropriation. The
conference agreement adopts the Senate language creating this
new account structure.
The conferees expect the Department to provide an
additional $18,835,000 for Legal Activities Office Automation
from the Working Capital Fund.
SALARIES AND EXPENSES, ANTITRUST DIVISION
The conference agreement provides $130,791,000 for the
Antitrust Division as proposed by the Senate, instead of
$141,366,000 as proposed by the House. This amount will be
offset with Hart-Scott-Rodino fee collections, regardless of
the year of collection, resulting in no direct
appropriations. The conference agreement adopts the Senate
bill language structure.
SALARIES AND EXPENSES, UNITED STATES ATTORNEYS
The conference agreement includes $1,353,968,000 for the
United States Attorneys as proposed by the House, instead of
$1,260,353,000 as proposed by the Senate.
The conference agreement includes $9,000,000 for Project
Sentry. This will establish new Federal-State partnerships
that will support and expand Project Safe Neighborhood,
particularly focusing on school safety, and identifying and
prosecuting juveniles who violate State and Federal firearms
laws and adults who illegally furnish firearms to them.
The conference agreement adopts by reference the House
report language regarding habeas corpus overload, and adopts
Senate report language regarding fundamental reform of United
States Attorneys operations, gun prosecutions in Colorado,
and the National Advocacy Center, including the distance
learning facility. In addition, the conference agreement
provides such sums as may be necessary for court technology
and computer and telecommunications coordinators.
The conference agreement directs the United States
Attorneys to provide a total of $10,000,000 for cybercrime
and intellectual property enforcement. The direction included
in both the House and Senate reports regarding the submission
of a report on copyright enforcement is adopted by reference.
The conference agreement does not include language in the
Senate bill and report regarding gun surveillance technology
and state and local training on child pornography
investigations. Instead, both projects were funded under the
Office of Justice Programs. The conference agreement includes
$6,500,000 under the Office of Justice Programs, Justice
Assistance, to assist State and local law enforcement
agencies to acquire the necessary knowledge, equipment, and
personnel resources to prevent, interdict, or investigate
child sexual exploitation.
UNITED STATES TRUSTEE SYSTEM FUND
The conference agreement provides $147,000,000 for the
United States Trustees, to be funded entirely from offsetting
collections, instead of $145,937,000 as proposed by the House
and $154,044,000 as proposed by the Senate.
The conference agreement adopts by reference the House
report language regarding funding various automation projects
through the Working Capital Fund, and the Senate report
language on the National Advocacy Center.
SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT COMMISSION
The conference agreement includes $1,136,000 for the
Foreign Claims Settlement Commission as proposed by the
House, instead of $1,130,000 as proposed by the Senate.
SALARIES AND EXPENSES, UNITED STATES MARSHALS SERVICE
The conference agreement includes $619,429,000 for the U.S.
Marshals Service (USMS) salaries and expenses account,
instead of $622,646,000 as proposed by the House and
$644,746,000 as proposed by the Senate. The conference
agreement adopts by reference Senate language and funding
levels for the Warrant Information Network and other networks
and on-line services, including the transfer from the Justice
Detainee Information System, recurring costs of the
Electronic Surveillance Unit, and the transfer of funds from
Human Resources to the Central Courthouse Management Group
for safety and health programs. The conference agreement does
not adopt Senate language regarding increases to the base,
except those specifically addressed below, or the transfer of
Justice Prisoner and Alien Transportation System funding from
this account to the Detention Trustee. The conference
agreement includes $500,000 for Special Operations Group
training, equipment, and facilities maintenance and $583,000
for permanent changes of station. The latter two items should
be treated as permanent increases to the base. The conference
agreement does not include Senate language or funding levels
referencing courthouse security personnel, terrorism or
radios, or House language and funding levels regarding
District of Columbia revitalization. The conference agreement
includes language providing not to exceed 4,128 positions and
3,993 full time equivalents for the Marshals Service as
proposed by the House. The Senate did not include a similar
provision.
Overseas Assignments.--The conferees are aware that the
U.S. Marshals Service has established a number of foreign
offices in U.S. embassies without Congressional approval,
using extended temporary duty assignments to circumvent the
relocation report process. Therefore, the conferees direct
the Justice Management Division to report by November 30,
2001, to the Committees on Appropriations regarding the
locations and purposes of
[[Page H8004]]
all Marshals overseas assignments of greater than 30 days for
the previous five years. The Department is directed to
terminate all Marshals overseas operations that should have
been included in the relocation report. Finally, none of the
funds appropriated or otherwise made available by this Act
may be used for Marshals overseas temporary duty assignments
of greater than 30 days without the approval of the
Committees on Appropriations.
Financial Management.--The conferees are concerned that,
even with a reformed budget execution process, a small budget
shortfall in the Marshals Service at the beginning of the
year was left unaddressed until well into the fourth quarter,
despite sharp prompting from the Committees on
Appropriations. Therefore, the conferees direct the Marshals
Service to submit, through the Justice Management Division,
within 30 days of the date of enactment of this Act, an
overall agency spending plan for the full amount appropriated
for fiscal year 2002.
Special Assignments.--The conferees are concerned that
special assignment funds, provided for contingencies, are
being used to subsidize base activities. This misuse of
emergency funding threatens to undermine the budget execution
process. Therefore, the conferees direct that management of
all operations associated with the New York City and East
Africa bombing trials, including protective details, be
returned to the Southern District of New York, that all costs
associated with these operations be budgeted out of base
funds, and that a multi-agency security review of these
operations be undertaken immediately. This review shall be
provided to the Committees on Appropriations when completed.
In addition, the conferees direct that, within two weeks of
the date of enactment of this Act, the Marshals shall
identify to the Committees on Appropriations the total amount
available for special assignments in fiscal year 2002.
Thereafter, obligations of special assignment funds shall
require the notification of the Committees on Appropriations.
Fugitive Apprehensions.--The conference agreement provides
increases of $3,150,000 for Electronic Surveillance Unit
personnel and equipment and $5,825,000 for the establishment
of dedicated fugitive task forces on both coasts as proposed
by the Senate.
Courthouse Security Staffing and Prisoner Transportation.--
The total amount of funding provided also includes increases
of $3,625,000 for courthouse security personnel for existing
and new courthouses, and $1,451,000 for prisoner
transportation.
Courthouse Security Equipment.--The conference agreement
includes a new appropriation for the USMS, ``courthouse
security equipment,'' as proposed by the Senate. The House
did not include a similar provision. The conference agreement
includes $14,267,000 for these activities, instead of
$5,769,000 as proposed by the House under USMS salaries and
expenses and $18,145,000 as proposed by the Senate. Funding
for courthouse security equipment is provided as follows:
USMS courthouse security equipment
[In thousands of dollars]
Detainee Facilities.............................................$13,069
Fort Smith, AR....................................................200
Denver, CO......................................................1,090
Washington, DC.................................................... 75
Jacksonville, FL................................................1,065
Dublin, GA........................................................432
Moscow, ID........................................................ 50
Bowling Green, KY.................................................330
Bay City, MI......................................................175
Detroit, MI.......................................................450
Cape Girardeau, MO................................................ 75
East St. Louis, MO................................................ 10
Greenville, MS....................................................645
Gulfport, MS......................................................540
Hattiesburg, MS...................................................590
Oxford, MS......................................................1,095
Newark, NJ........................................................300
Columbus, OH......................................................300
Muskogee, OK......................................................920
Aiken, SC.........................................................220
Florence, SC......................................................321
Spartanburg, SC...................................................555
Columbia, TN......................................................195
Amarillo, TX......................................................450
Houston, TX.....................................................1,063
Laredo, TX........................................................700
Waco, TX..........................................................423
Cheyenne, WY......................................................800
__________
Subtotal, Detainee Facilities................................13,069
Minor Repair........................................................375
Engineering Services................................................643
Security Survey.....................................................180
__________
Total, USMS Security Equipment...............................14,267
CONSTRUCTION
The conference agreement includes $15,000,000 for the USMS
construction account, instead of $6,628,000 as proposed by
the House and $25,812,000 as proposed by the Senate. The
conference agreement includes the following distribution of
funds:
USMS Construction
[In thousands of dollars]
Detainee Facilities:
Construction:
Hot Springs, AR..............................................$1,328
Prescott, AZ....................................................550
Grand Junction, CO..............................................450
Davenport, IA...................................................856
Sioux City, IA..................................................100
Moscow, ID......................................................200
Rock Island, IL...............................................1,250
Rockford, IL.................................................... 24
Springfield, IL................................................. 85
Bay City, MI....................................................685
Flint, MI.......................................................248
Natchez, MS...................................................1,000
Billings, MT....................................................850
Raleigh, NC...................................................2,446
Sante Fe, NM....................................................500
New York, NY (40 Foley).........................................250
Columbus, OH..................................................1,000
Dayton, OH......................................................150
Muskogee, OK....................................................280
Sioux Falls, SD.................................................680
Cheyenne, WY....................................................200
__________
Subtotal, Construction.....................................13,132
Planning, Design & Relocation:
El Dorado, AR...................................................100
Fayetteville, AR................................................100
El Centro, CA................................................... 32
Ocala, FL.......................................................475
Billings, MT....................................................200
Wilmington, NC..................................................125
Columbia, SC.................................................... 46
Casper, WY......................................................100
__________
Subtotal, Planning, Design & Relocation.....................1,178
Security Specialists/Construction Engineers.........................690
__________
Subtotal, Construction....................................$15,000
JUSTICE PRISONER AND ALIEN TRANSPORTATION SYSTEM FUND
The conference agreement does not include funding for the
USMS Justice Prisoner and Alien Transportation System
account, as proposed by the House, instead of $53,050,000 as
proposed by the Senate.
FEDERAL PRISONER DETENTION
The conference agreement provides $706,182,000 for Federal
Prisoner Detention, instead of $724,682,000 as proposed by
the House and $687,682,000 as proposed by the Senate. This is
an increase of $110,094,000, or 18 percent, over the fiscal
year 2001 appropriation. The Department should notify the
Committees on Appropriations by the end of the second quarter
regarding the status of obligations in this account.
FEES AND EXPENSES OF WITNESSES
The conference agreement includes $156,145,000 for Fees and
Expenses of Witnesses as proposed by the Senate, instead of
$148,494,000 as proposed by the House.
SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE
The conference agreement includes $9,269,000 for the
Community Relations Service, as proposed by both the House
and Senate.
The conference agreement includes a provision allowing the
Attorney General to transfer up to $1,000,000 to this
program, as proposed by the House and Senate. The Attorney
General is expected to notify the Committees if this transfer
authority is exercised. In addition, a provision is included
allowing the Attorney General to transfer additional
resources, subject to reprogramming requirements, upon a
determination that emergent circumstances warrant additional
funding, as proposed by the House.
ASSETS FORFEITURE FUND
The conference agreement provides $22,949,000 for the
Assets Forfeiture Fund as proposed by Senate, instead of
$21,949,000 as proposed by the House.
Radiation Exposure Compensation
ADMINISTRATIVE EXPENSES
The conference agreement includes $1,996,000 for
administrative expenses for the Radiation Exposure
Compensation Act, as proposed by the House and Senate.
PAYMENT TO THE RADIATION EXPOSURE COMPENSATION TRUST FUND
The conference agreement does not include funding to make
payment to the Radiation Exposure Compensation Trust Fund,
instead of $10,776,000 as proposed by the House and Senate.
The conferees believe that the Federal government must meet
its obligations to persons, and their families, who were
exposed to radiation and who now suffer from related
diseases. The conferees note that the compensation payments
are based on claimants meeting eligibility criteria and
therefore should be scored or treated as mandatory payments
under the Budget Act. Such payments were assumed in the
fiscal year 2002 congressional budget resolution to be scored
as mandatory with enactment of appropriate legislation
starting in fiscal year 2002. Supplemental appropriations
were provided for fiscal year 2001 with the understanding and
expectation that future funding for this purpose would be
mandatory and that further discretionary appropriations would
not be necessary.
Interagency Law Enforcement
INTERAGENCY CRIME AND DRUG ENFORCEMENT
The conference agreement provides $338,577,000 for
Interagency Crime and Drug Enforcement, instead of
$340,189,000 as proposed by the House and $336,966,000 as
proposed by the Senate. Of the amounts provided, $500,000
shall be made available to equip the Federal gun range
replacing the closed range at Rocky Flats, Colorado, for use
by Federal, state and local law enforcement. The conferees
adopt by reference the Senate language regarding the
Immigration and Naturalization Service 25 percent matching
requirement. The distribution of the total available funding,
which reflects a permanent reprogramming of $450,000 from the
[[Page H8005]]
Tax Division to the Criminal Division, is as follows:
Reimbursements by agency
[In thousands of dollars]
Drug Enforcement Administration................................$111,422
Federal Bureau of Investigation.................................115,444
Immigration and Naturalization Service...........................15,987
Marshals Service..................................................2,049
U.S. Attorneys...................................................89,623
Criminal Division.................................................1,328
Tax Division........................................................964
Administrative Office.............................................1,760
__________
Total.......................................................338,577
Federal Bureau of Investigation
SALARIES AND EXPENSES
The conference agreement includes a total of $3,491,073,000
in new budget authority for the Salaries and Expenses account
of the Federal Bureau of Investigation (FBI) as proposed by
the House, instead of $3,425,041,000 as proposed by the
Senate. Of this amount, not less than $459,243,000 shall be
used for counterterrorism investigations, foreign
counterintelligence, and other activities related to national
security, instead of $448,467,000 as proposed by the House
and $485,278,000 as proposed by the Senate.
The conference agreement includes an increase of
$122,119,000 for inflationary increases and other adjustments
to base to support the FBI's current staffing and operating
level as reflected in the budget request. The conference
agreement does not adopt the new budget structure proposed by
the Senate.
The conference agreement also includes programmatic
increases of $140,472,000. The FBI is reminded that changes
in this distribution are subject to the reprogramming
requirements in section 605 of this Act.
FBI Salaries and Expenses
[In thousands of dollars]
------------------------------------------------------------------------
Activity Positions FTE Amount
------------------------------------------------------------------------
Criminal, Security and Other
Investigations:
Organized Criminal Activities 3,778 3,787 $467,246
White Collar Crime........... 4,164 4,068 501,066
Other Field Programs......... 10,362 10,130 1,442,277
--------------------------------------
Subtotal................... 18,304 17,985 2,410,589
======================================
Law Enforcement Support:
Training, Recruitment, and 1,014 985 124,383
Applicants..................
Forensic Services............ 730 697 156,853
Information, Management, 553 554 213,603
Automation &
Telecommunications..........
Technical Field Support & 263 244 164,510
Services....................
Criminal Justice Services.... 2,010 2,021 210,354
--------------------------------------
Subtotal................... 4,570 4,501 869,703
======================================
Program Direction: Management and 2,061 2,002 210,781
Administration..................
Total, Direct 24,935 24,488 $3,491,073
Appropriations............
------------------------------------------------------------------------
The conference agreement adopts by reference House language
and funding levels for counterintelligence, the 2002 Winter
Olympics, the Incident Response Readiness Program, and a
comprehensive information technology report, and the Senate
language and funding levels regarding technically-trained
agent and electronic technician training, Computer Analysis
Response Team training, Evidence Response Team supplies,
interception capabilities, counter-encryption equipment,
white-collar crime computer equipment, forensic research, the
forensic audio/video program, regional mitochondrial DNA lab
oversight, the National Instant Background Check System, and
drug jurisdiction. The conference agreement does not include
language or funding levels in the Senate report regarding
regional computer forensic labs, regional mitchondrial DNA
labs, the Violent Criminal Apprehension Program, or end
strength. The conference agreement also adopts by reference
the House and Senate report language regarding the Jewelry
and Gem program.
Trafficking in Persons.--The conferees expect the FBI to
continue its support of the Southeast European Cooperative
Initiative with regard to its efforts to combat trafficking
in women and children.
Trilogy.--The conference agreement includes a total of
$142,390,000 for Trilogy, of which $74,730,000 is base
funding, $29,565,000 is derived from a Working Capital Fund
transfer, and $38,095,000 is provided in new direct
appropriations.
Quantico Laboratory.--The conference agreement provides a
total of $36,602,000 for laboratory activation, including a
transfer of $24,837,000 from the Working Capital Fund for
laboratory equipment and $11,765,000 for moving costs, fit
out, and operations and maintenance. If prior year recoveries
or other funds become available, the FBI should seek a
reprogramming to initiate decommissioning and renovation of
former lab space in the J. Edgar Hoover Building.
The conference agreement directs the FBI to fully reimburse
private ambulance providers for their costs in support of
Hostage Rescue Team operations in St. Martin Parish,
Louisiana, in December 1999, as proposed by the Senate. The
House did not include a similar provision.
The conference agreement includes language limiting the FBI
to not exceed 24,935 positions and 24,488 full time
equivalents, as proposed by the House. The Senate did not
include a similar provision. The conference agreement also
includes a provision that provides for up to 1,354 passenger
motor vehicles, of which 1,190 will be for replacement only,
as proposed by the Senate, instead of 1,236 and 1,142,
respectively, as proposed by the House.
construction
The conference agreement includes $33,791,000 for
construction for the FBI, instead of $1,250,000 as requested
and proposed by the House and $44,074,000 as proposed by the
Senate. This includes funding for an annex at the Engineering
Research Facility that will support consolidation of various
high technology programs on the FBI Academy campus in
Quantico, Virginia.
Hazardous Devices School.--The conferees recognize the
FBI's mission to prevent and detect terrorist activities and
understand the importance preparedness plays in achieving
this mission, particularly as it relates to Weapons of Mass
Destruction (WMD). An essential element of an effective U.S.
response to WMD incidents rests with first responders,
including public safety bomb squads. All state and local bomb
technicians are trained and certified at the Hazardous
Devices School (HDS) at the Redstone Arsenal in Huntsville,
Alabama, which is operated jointly by the FBI and the U.S.
Army. The conferees approve of the transfer of $9,000,000 in
no year funds from the Department of Defense to the FBI for
the construction of practical training villages for the HDS.
These villages will be used for realistic training exercises.
Further, the conferees support the transfer from DOD of an
additional $14,000,000 in no year funds to be used by the FBI
for the construction of a classroom building at the HDS.
Drug Enforcement Administration
SALARIES AND EXPENSES
The conference agreement includes $1,481,783,000 for the
Drug Enforcement Administration (DEA) Salaries and Expenses
account, instead of $1,476,083,000 as proposed by the House
and $1,489,779,000 as proposed by the Senate.
Budget and Financial Management.--The conference agreement
adopts by reference the language included in the Senate
report regarding budget and financial management. The
conference agreement includes bill language, as proposed by
the House, providing not to exceed 7,654 positions and 7,515
full time equivalents for DEA from funds provided in this
Act. The Senate did not include a similar provision. The
conference agreement also includes bill language, as proposed
by the Senate, to provide two year funding authority for
costs associated with permanent change of station. The House
bill did not include a similar provision.
The following table represents funding provided under this
account:
DEA SALARIES AND EXPENSES
[In thousands of dollars]
------------------------------------------------------------------------
Activity Positions FTE Amount
------------------------------------------------------------------------
Enforcement:
Domestic Enforcement......... 2,091 2,042 $435,183
Foreign Cooperative 633 600 193,275
Investigations..............
Drug and Chemical Diversion.. 165 166 18,961
State and Local Task Forces.. 1,699 1,696 244,385
--------------------------------------
Subtotal................... 4,804 4,504 891,804
======================================
Investigative Support:
Intelligence................. 952 967 120,237
Laboratory Services.......... 452 415 60,674
Training..................... 99 98 24,754
Research, Engineering and 582 565 121,270
Technical Operations........
Automated Data Processing.... 125 0 159,044
--------------------------------------
Subtotal................... 2,210 2,045 $485,979
======================================
Management and Administration.... 850 841 104,000
======================================
TOTAL, DEA................. 7,654 7,515 1,481,783
------------------------------------------------------------------------
DEA is reminded that any deviation from the above
distribution is subject to the reprogramming requirements of
section 605 of this Act.
The conference agreement provides a net increase of
$68,213,000 for base adjustments as follows: increases
totaling $73,532,000 for pay and other inflationary costs to
maintain current operations, offset by a $5,319,000 reduction
for GSA rent decreases. In addition, the conference agreement
includes program increases totaling $53,260,000 as follows:
Special Operations Division.--The conference agreement
includes increases totaling $14,006,000 for drug enforcement
investigations of the Special Operations Division, including
$8,223,000 for domestic enforcement, $242,000 for
intelligence, $164,000 for management and administration and
drug and chemical conversion, and $5,377,000 for research,
engineering, and technical operations.
FIREBIRD Implementation.--The conference agreement includes
an increase of $19,400,000 for FIREBIRD implementation,
including increases of $2,500,000 for deployment, $1,900,000
for network security, and $15,000,000 for technology renewal.
DEA is directed to continue to provide quarterly FIREBIRD
status and obligation reports to the Committees on
Appropriations.
Forensic Support.--The conference agreement includes an
increase of $13,104,000, as provided by both the House and
Senate, to support additional chemists and purchase
laboratory equipment. The conference agreement adopts by
reference House language regarding distribution of this
funding.
In addition, $6,750,000 is provided to procure one twin
engine medium lift helicopter
[[Page H8006]]
to meet enforcement needs in Hawaii, and one single engine
light aircraft helicopter for drug enforcement activities
elsewhere. The conferees adopt by reference House and Senate
language regarding the Caribbean Initiative, High Intensity
Drug Trafficking Areas, heroin, OxyContin, MDMA,
methamphetamines, and Special Investigative Units.
In addition, the conference agreement includes a total of
$20,000,000 under the Community Oriented Policing Services
Methamphetamine/Drug ``Hot Spots'' program for DEA to assist
State and local law enforcement agencies with the costs
associated with methamphetamine clean up.
Drug Diversion Control Fee Account.--The conference
agreement includes total funding of $86,021,000 for DEA's
Drug Diversion Control Program for fiscal year 2002, of which
$67,000,000 is from new diversion fee collections and
$19,021,000 is from prior year collections. The conference
agreement assumes that the level of balances in the Fee
Account is sufficient to fully support diversion control
programs in fiscal year 2002.
Immigration and Naturalization Service
SALARIES AND EXPENSES
The conference agreement includes $3,371,440,000 for the
salaries and expenses of the Immigration and Naturalization
Service (INS) as proposed by the House, instead of
$3,176,037,000 as proposed by the Senate. In addition to the
amounts appropriated, the conference agreement assumes that
$2,142,926,000 will be available from offsetting fee
collections, instead of $2,140,610,000 as proposed by the
House and $2,058,723,000 as proposed by the Senate. Thus,
including resources provided under the Construction account,
the conference agreement provides a total operating level of
$5,642,820,000 for the INS, instead of $5,640,504,000 as
proposed by the House and $5,506,299,000 as proposed by the
Senate. This funding level is an increase of $841,332,000, or
18 percent, over fiscal year 2001.
INS Organization and Management.--Consistent with the
concept of separating immigration enforcement from services,
the conference agreement continues to use, as in the last
three fiscal years, two accounts, as requested by the
President and proposed in the House bill: Enforcement and
Border Affairs, and Citizenship and Benefits, Immigration
Support and Program Direction. INS enforcement funds are
provided in the Enforcement and Border Affairs account. All
immigration-related benefits and naturalization, support, and
program resources are provided in the Citizenship and
Benefits, Immigration Support and Program Direction account.
Neither account includes revenues generated in various fee
accounts to fund program activities for both enforcement and
services functions, which are in addition to the appropriated
funds and are discussed below. Funds for INS construction
projects continue to be provided in the INS construction
account.
The conference agreement includes bill language which
provides authority for the Attorney General to transfer funds
from one account to another in order to ensure that funds are
properly aligned. Such transfers may occur notwithstanding
any transfer limitations imposed under this Act, but such
transfers are still subject to the reprogramming requirements
under Section 605 of this Act. It is expected that any
request for transfer of funds will remain within the
activities under those headings.
A cap on overtime of $30,000 per employee per calendar year
has been in place the last several years in order to help the
INS maintain control over its budget. The conference
agreement maintains this limit as provided in the House bill,
but provides the INS Commissioner the flexibility to exceed
the cap as necessary for national security purposes and in
cases of immigration emergencies. The Senate bill limited
overtime to $1,153 per employee per pay period. The INS is
directed to submit to the Committees on Appropriations
quarterly reports on overtime expenditures by employee,
activity and district. It is expected that funding provided
in this act for 570 additional Border Patrol agents, 348
additional land border inspectors, new airport and seaport
inspectors funded by the fee increases, as well as additional
agents and inspectors that may be funded in other
Appropriations Acts during this fiscal year, will reduce the
need for overtime beyond $30,000 per employee for the
calendar year.
The conference agreement includes a provision limiting the
number of non-career personnel appointments at the INS to six
positions, instead of a limit of four positions as proposed
by the House and no limit as proposed by the Senate. This
level represents an increase of 50 percent above the current
ceiling for non-career appointments at INS. The conferees
expect the Commissioner to use this increased authority to
hire qualified personnel with management and information
technology expertise who can contribute to the goal of
fundamental INS reform. The conferees will consider a request
for additional non-career hiring authority or other personnel
authority options above this ceiling during the fiscal year
2003 budget process. The conferees expect that a detailed
proposal outlining both the need for such additional
authorities and how they relate to proposed INS restructuring
and management reforms, to be coordinated with the Department
of Justice, the Office of Personnel Management, and the
Office of Management and Budget, will accompany the INS
fiscal year 2003 budget submission.
The conference agreement also modifies language from the
House bill to provide that when positions become vacant in
the Offices of Legislative Affairs and Public Affairs, at
least ten of these positions be filled with detailees,
transfers, or other non-permanent staff, with the goal of
rotating staff who have experience in INS field operations
through these offices. The Senate bill included a different
version of this provision.
Base adjustments.--The conference agreement provides a
total increase of $80,110,000 and 429 full time equivalents
for inflationary cost increases and adjustments to base for
INS salaries and expenses. The conference agreement does not
include transfers to the Exams Fees account or the Breached
Bond/Detention account as proposed by the Senate.
enforcement and border affairs
The conference agreement provides $2,739,695,000 for this
account, instead of $2,738,517,000 as proposed by the House.
The Senate did not provide separate funding for this account.
This amount includes an increase of $74,911,000 and 417 full
time equivalents for pay and inflationary adjustments for
Border Patrol, Investigations, Detention and Deportation,
and Intelligence, as requested. None of these amounts
include offsetting fees, which are used to fund both
enforcement and services functions. The INS is directed to
notify the Committees on Appropriations regarding the
assignment of all new border patrol agents and inspectors
provided for in this Act as well as any other
Appropriations Acts that may be enacted during fiscal year
2002.
Border Control and Management.--The conference agreement
includes increases of $123,331,000 for border control and
management, as follows:
Land Border Inspectors.--The conference agreement includes
an increase of $25,408,000 for 348 new land border ports-of-
entry inspectors as proposed by the Senate. The House did not
include a similar provision. The INS is expected to assign
these new inspectors to the highest priority locations,
paying particular attention to the Northern Border.
Border Patrol Agents.--The conference agreement includes an
increase of $66,352,000 to hire 570 additional border patrol
agents, as proposed by the House, instead of $75,000,000 as
proposed by the Senate. Senate language regarding assignment
of border patrol agents is adopted by reference. In addition,
an increase of $2,076,000 is provided for new border patrol
vehicles, instead of the funding level referenced by the
Senate. The House did not include a similar provision. The
conferees understand that the INS spent about $100,000,000 to
acquire 2,762 replacement and enhancement vehicles in fiscal
year 2001 using base funds, enhancement funds, and
recoveries.
Detention and Removals.--The conference agreement also
includes increases of $20,823,000 for consolidated bed space
expansion needs, instead of $39,388,000 as proposed by the
House and no funding as proposed by the Senate. This amount
includes an increase of $10,154,000 for additional detention
staff, support staff and removal costs; an increase of
$1,873,000 for detainee transportation vehicles; and an
increase of $8,796,000 for Joint Prisoner and Alien
Transportation System (JPATS) requirements to support
additional domestic and repatriation movements. The
conference agreement does not include the proposed transfer
of funds from INS to the JPATS Fund for this activity, which
was recommended by the Senate. In addition, the conference
agreement also includes an increase of $8,672,000 as proposed
by the House for detainee medical costs. The Senate did not
include a similar provision.
Interior Enforcement.--The conference agreement also
includes funding as necessary to support an additional Quick
Response Team (QRT) for New Jersey, if merited. The INS is
directed to consult with the Committees on Appropriations
regarding the status of its interior enforcement effort. The
conference agreement does not adopt Senate language regarding
QRTs.
Border Patrol Equipment and Technology.-- The conference
agreement adopts by reference the Senate report language and
funding levels regarding the Integrated Surveillance
Intelligence System systems engineering, and the House
language regarding border patrol equipment.
IDENT/IAFIS.--The conference agreement provides a transfer
of $9,000,000 from the Working Capital Fund to the Department
of Justice General Administration account to provide for the
continued integration of the INS and FBI fingerprint
identification systems. This amount reflects a current
estimate of the funding need as provided to the Committees on
Appropriations by the Department of Justice.
In addition, the conferees adopt by reference House
language regarding enforcement of section 212 of the
Immigration and Nationality Act. The Senate did not include a
similar provision. Further, the INS is directed to ensure
that it does not allow any aliens to enter the United States
who have been involved in the illegal harvesting of human
organs.
The conference agreement adopts by reference House language
regarding the Tucson Sector. The conference agreement does
not include language on basic training costs as proposed by
the Senate. The House did not address this matter.
citizenship and benefits, immigration support and program direction
The conference agreement provides $631,745,000 for this
account, instead of
[[Page H8007]]
$632,923,000 as proposed by the House. The Senate did not
provide separate funding for this account. This amount
includes an increase of $5,199,000 and 12 full time
equivalents for pay and inflationary adjustments for the
activities of Citizenship and Benefits, Immigration Support,
and Management and Administration, as requested. None of
these amounts include offsetting fees, which are used to fund
both enforcement and services functions.
Immigration Services.--The conference agreement includes an
increase of $45,000,000, as requested and proposed by the
House, to support naturalization and other benefits
processing backlog reduction activities. The Senate did not
include a similar provision. This amount, when combined with
$35,000,000 in base funding and $20,000,000 in fees, will
provide $100,000,000 toward reaching a universal six-month
processing standard for all immigration applications and
petitions. The conference agreement does not include Senate
language that transferred $67,000,000 to the Immigration
Service and Infrastructure Account. The House did not address
this matter.
In addition, an increase of $1,000,000 is provided for
legal orientation programs, instead of $2,800,000 as proposed
by the Senate, and an increase of $3,000,000 is provided for
alternatives to detention, instead of $7,300,000 as proposed
by the Senate. The House did not include similar provisions.
Further, the conferees adopt by reference Senate direction
to provide $5,500,000 to the Eastern Adjudication Service
Center to process immigration self-petitions and U visas
under the Violence Against Women Act, and T visas under the
Victims of Trafficking and Violence Protection Act, and agree
that of this amount, $500,000 shall be for the Eastern
Adjudication Center as directed by the Senate. The House did
not contain a similar provision.
The Committees continue to be concerned about the problems
of backlogs in application processing and casework, and
deficiencies in other services. In the fiscal year 2001
conference report, the INS was directed to conduct a complete
review of staffing and resource needs to improve benefits and
services in all current INS offices, as well as the need for
additional offices, particularly in rural areas. The
Committees have yet to receive this review. Therefore, the
INS is directed to allocate additional staffing and upgrade
offices as necessary for the following areas: Roanoke,
Virginia; Omaha, Nebraska; Nashville, Tennessee, as described
in the Senate report; Patterson, New Jersey; the Bronx, New
York; Las Vegas, Nevada, as described in the Senate report;
and the other locations mentioned in the fiscal year 2001
conference report.
In addition to identical provisions included by both the
House and Senate, the conference agreement includes the
following provisions: (1) a limit of 3,165 passenger motor
vehicles, of which 2,211 are for replacement only, as
proposed by the House, instead of the Senate proposed limit;
(2) a prohibition on the use of funds to operate the San
Clemente and Temecula traffic checkpoints unless certain
conditions are met, as proposed in the House bill; (3) a
provision, as proposed by the House, to make available $5,000
for official reception and representation expenses; and (4) a
provision, as proposed by the House, to permit the INS to
equip, maintain, and make infrastructure improvements and
purchase vehicles for police type use within the Enforcement
and Border Affairs account.
OFFSETTING FEE COLLECTIONS
The conference agreement assumes $2,142,926,000 will be
available from offsetting fee collections, instead of
$2,140,610,000 as proposed by the House and $2,058,723,000 as
proposed by the Senate, to support activities related to the
legal admission of persons into the United States. These
activities are funded entirely by fees paid by persons who
are either traveling internationally or who are applying for
immigration benefits. The following levels are recommended:
Immigration Inspections User Fees.--The conference
agreement includes $591,866,000 of spending from offsetting
collections in this account, the same amount requested and
proposed by the House, instead of $656,648,000 as proposed by
the Senate. This amount represents a $97,482,000 increase
over fiscal year 2001 spending, including $20,991,000 for
adjustments to base, the full amount requested. The amount
also assumes an increase from $6 to $7 for the current
airline passenger immigration inspection user fee, and $3 for
a new immigration inspection cruise ship passenger fee. The
conferees adopt by reference Senate language directing that
not less than nine percent of fee collections in this account
should be used for technology infrastructure improvements.
The House did not address this matter.
The expected increase in fee collections will fund the
following safety, service and technology improvements at
airports: $19,927,000, 459 positions and 230 full time
equivalents to increase primary inspectors at new and
existing airport terminals, as well as at high growth
terminals; and $4,510,000, 60 positions and 30 full time
equivalents for additional Immigration Inspectors to expand
INS/U.S. Customs Service passenger analysis units at airports
to analyze traveler information in advance of plane arrivals
in order to identify inadmissible aliens, including criminal
aliens, drug traffickers, and terrorists. This funding level
will also enable the INS to invest at least $14,370,000 in
its automated entry/exit system that tracks alien arrivals
and departures at airports. This funding level will also fund
at least $6,425,000 for upgrades to the National Automated
Inspection Lookout System (NAILS), and for additional Live
Scan Devices that can send electronic fingerprint submissions
to the FBI's Integrated Automated Fingerprint Identification
System (IAFIS). The funding level will also provide an
additional $6,512,000 for additional Detention Enforcement
Officers, Deportation Officers, and docket clerks, and 200
additional detention beds.
In addition, this level will fund the following safety,
service and technology improvements at seaports: $4,153,000,
54 positions and 27 full time equivalents for new immigration
inspectors at newly activated seaport terminals and current
understaffed terminals; $2,273,000, 20 positions and 10 full
time equivalents for joint INS/U.S. Customs units to analyze
traveler information in advance of ship arrivals; and
$5,545,000 for the automated entry/exit system and upgrades
to the NAILS system. The INS is directed to ensure that it
allocates funding for base activities, e.g. salaries and
expenses, before it undertakes any enhancement activities.
The INS shall report to the Committees on Appropriations as
necessary should fee revenues decline more than five percent
from October projections. Further, should additional fees
become available, the INS may submit a reprogramming in
accordance with section 605 of this Act.
Immigration Examinations Fees.--The conference agreement
includes a total of $1,376,871,000 to support the
adjudication of applications for immigration benefits, the
amount requested and proposed by the House, instead of
$1,258,088,000 as proposed by the Senate. These funds are
derived from offsetting collections from persons applying for
immigration benefits, including collections from the premium-
processing fee, and are in addition to $80,000,000 in new and
continued direct appropriations provided under the
Citizenship and Benefits, Immigration Support, and Program
Direction account to eliminate the backlog in applications.
The conference agreement reflects INS' revised revenue
estimates for collections from existing fees, which is
$118,783,000 higher than the amount assumed in the budget
request and $407,020,000 above the amount available in fiscal
year 2001. The conference agreement does not adopt the
transfer of $127,834,000 from Examinations Fees funding to
the Executive Office of Immigration Review or the transfer of
$147,602,000 in activities from the Salaries and Expenses
account to the Examinations Fees account, which were proposed
by the Senate. The conference agreement adopts by reference
House report language regarding the telephone customer
service center and the indexing and conversion of INS
microfilm images.
Within the Examinations Fees account, the conference
agreement provides $18,979,000 for adjustments to base as
requested.
Land Border Inspections Fees.--The conference agreement
includes $4,490,000 in spending from the Land Border
Inspection Fund, instead of $2,944,000 as proposed by the
House and $1,714,000 as proposed by the Senate. This amount
reflects revised estimates of collections. The revenues
generated in this account are from Dedicated Commuter Lanes
in Blaine and Port Roberts, Washington; Detroit Tunnel and
Ambassador Bridge, Michigan; and Otay Mesa, California, as
well as from Automated Permit Ports that provide pre-screened
local border residents with border crossing privileges by
means of automated inspections. The conference agreement
adopts the Senate provision, which provides that the Attorney
General may expand from 6 to 96 the number of ports of entry
qualifying to participate in a fee pilot. The House did not
address this matter.
Immigration Breached Bond/Detention Fund.--The conference
agreement includes $120,763,000 in spending from the Breached
Bond/Detention Fund as proposed by the Senate, instead of
$139,935,000 as proposed by the House. The conference
agreement does not assume the reinstatement of section 245(i)
of the Immigration and Nationality Act, which was proposed by
the Senate. The conference agreement provides a $40,000,000
increase, as requested, to fund 1,407 additional detention
beds, and $1,483,000 to fund vehicles to transport detainees.
The agreement does not include the base transfer to the
Breached Bond/Detention Fund account, as proposed in the
Senate report.
Immigration Enforcement Fines.--The conference agreement
includes $22,664,000 in spending from Immigration Enforcement
fines, instead of $12,994,000 as proposed by the House and
$5,510,000 as proposed by the Senate. This level reflects the
current estimate of revenues available in this account for
fiscal year 2002.
H-1B Fees.--The conference agreement includes $26,272,000
in spending from the H-1B Fee account, instead of $16,000,000
proposed by both the House and the Senate. This level
reflects the current estimate of revenues available in this
account for fiscal year 2002.
CONSTRUCTION
The conference agreement includes $128,454,000 for
construction for INS as proposed by the House, instead of
$205,015,000 as proposed by the Senate. This amount fully
funds the Administration's request as proposed in the budget
submission. This funding level does not include the Senate
proposal to transfer funding from the Bureau of Prisons
[[Page H8008]]
buildings and facilities account to the INS construction
account, the Senate proposal to allow the INS to purchase
construction vehicles, or the Senate proposal to comply with
Occupational Safety and Health Administration programs.
The conference agreement includes language, as proposed by
the House and carried in prior Appropriations Acts,
prohibiting funds from being used for site acquisition,
design, or construction of a checkpoint in the Tucson Sector.
The Senate did not include a similar provision.
Federal Prison System
SALARIES AND EXPENSES
The conference agreement includes $3,808,600,000 for the
salaries and expenses of the Federal Prison System, instead
of $3,830,971,000 as proposed by the House and $3,786,228,000
as proposed by the Senate. This funding level is an increase
of $308,428,000 above the fiscal year 2001 amount. The
conferees note that the Bureau of Prisons submitted a
reprogramming on September 27, 2001, for $37,963,000 to meet
increased utility costs incurred during fiscal year 2001.
Activation of New Prisons.--The conference agreement
includes an increase of $72,752,000 to activate a new medium
security facility in Petersburg, Virginia and a high security
facility in Lee County, Virginia.
Equipment Funding.--The conference agreement also includes
an increase of $9,100,000 for equipment funding the United
States Prison in Canaan, Pennsylvania, and the Federal
Corrections Institute in Glenville, West Virginia.
Contract Confinement.--The conference agreement includes an
increase of $47,443,000 to fund an additional 1,500 contract
beds to accommodate the increasing number of criminal aliens
and to support 1,499 general contract inmates beds, including
85 juvenile beds.
The conference agreement provides that of the funding
provided, $11,554,000 is for activation of the Atwater,
California facility, and $13,323,000 is for the activation of
the facility at Honolulu, Hawaii. The conference adopts by
reference House language regarding drug treatment programs
and establishment of faith-based and other pilots, and Senate
language regarding a pilot internship at the prison at Yazoo
City, Mississippi, $1,000,000 for a sexual misconduct study,
and a feasibility study for Yazoo City, Mississippi. The
conference agreement does not include bill language proposed
by the Senate designating specific amounts for activation of
specific prisons. The House bill did not include such
language.
BUILDINGS AND FACILITIES
The conference agreement includes $813,552,000 for
construction, modernization, maintenance, and repair of
prison and detention facilities housing Federal prisoners, as
provided by the House, instead of $899,797,000 as provided by
the Senate. The conference agreement does not include the
proposed transfer from BOP to the INS for construction of
detainee facilities as provided in the Senate bill. The
conference agreement does not include bill language
designating specific amounts for partial site and planning
for a specific prison, as proposed by the Senate. The
conference agreement provides that of the $650,047,000
provided for increases as outlined below, $5,000,000 shall be
for partial site and planning of the USP Northeast/Mid-
Atlantic facility, to be located in Berlin, New Hampshire:
[in thousands of dollars]
Facilities with prior funding:
Western/USP California.......................................$147,000
Southeast/USP Coleman, FL.....................................133,000
Southeast/FCI South Carolina..................................106,000
Mid-Atlantic FCI...............................................91,047
INS Long-Term Detainee Capacity:
USP Western....................................................11,500
FCI Butner, NC Medium..........................................11,500
USP Terre Haute, IN...........................................130,000
__________
Subtotal, Projects with Prior Funding.........................630,047
==========
_______________________________________________________________________
Facilities with no prior funding:
Female Facility in N. Florida...................................5,000
Female Facility in N. Central Region............................5,000
Male Facility for FCI S. Central Region.........................5,000
Male Facility for USP NE/N Mid Atlantic.........................5,000
__________
Subtotal, New Sentenced Capacity.............................20,000
==========
_______________________________________________________________________
Total, New Construction Program Increases...................650,047
Federal Prison Industries, Incorporated
(LIMITATION ON ADMINISTRATIVE EXPENSES)
The conference agreement includes a limitation on
administrative expenses of $3,429,000 for Federal Prison
Industries, Incorporated as proposed by both the House and
the Senate.
Office of Justice Programs
JUSTICE ASSISTANCE
The conference agreement includes $437,008,000 for Justice
Assistance, instead of $408,371,000 as proposed by the House
and $574,538,000 as proposed by the Senate. The distribution
of funding is as follows:
JUSTICE ASSISTANCE
[Dollars in thousands]
------------------------------------------------------------------------
Amount
------------------------------------------------------------------------
National Institute of Justice.............................. $54,879
Bureau of Justice Statistics............................... 32,335
Missing Children........................................... 22,997
Regional Information Sharing System........................ 28,278
White Collar Crime Information Center...................... 9,230
Management and Administration.............................. 37,795
Counterterrorism Programs.................................. 251,494
------------
Total................................................ 437,008
------------------------------------------------------------------------
National Institute of Justice (NIJ).--The conference
agreement provides $54,879,000 for NIJ. Within the total
amount provided to NIJ, the following initiatives should be
funded at least at the current levels:
National Law Enforcement and Corrections
Technology Center system, including $1,500,000 for the Less
than Lethal Technology for Law Enforcement Program,
$2,800,000 for the Office of Law Enforcement Technology
Commercialization, Inc., and $1,500,000 for the Center for
Rural Law Enforcement Technology and Training;
Computerized identification systems;
Facial Recognition;
DNA Technology Research and Development; and
High Intensity Drug Trafficking Areas.
The conference agreement provides $450,000 for Non-Toxic
Drug Detection and Identification Aerosol Technology;
$1,500,000 for the ``Breaking the Cycle'' Program in
Jacksonville, Florida and Lane County, Oregon; and $3,000,000
for a prison health research project at the University of
Connecticut.
The Office of Justice Programs is expected to review a
proposal for a grant to the Kitsap County Medical Examiner's
Office that will assist in the development of a new death
investigation module for the FBI ViCAP system and provide a
grant, if warranted.
The conferees understand that NIJ is currently evaluating
the operational utility of the SECURES gunshot detection
system in Austin, Texas. This evaluation is scheduled to be
completed by August 1, 2002. In the next phase of
evaluations, NIJ is expected to consider installing the
SECURES gunshot detection system in Richmond, Virginia; San
Bernardino, California; and Phoenix, Arizona.
Office of Victims of Crime.--The conference agreement
adopts by reference the Senate report language regarding the
Victim Assistance to Indian Country and Children's Justice
Act programs.
Missing Children.--The conference agreement includes
$22,997,000 for the Missing Children Program. Of this amount,
$11,450,000 is provided for the National Center for Missing
and Exploited Children (NCMEC), including $2,245,000 for the
CyberTipline and the Exploited Child Unit, and $2,700,000 for
the Jimmy Ryce Law Enforcement Training Center. The conferees
recommend that the NCMEC consult with I-Safe America to
provide nationwide Internet Safety Training in grades K-12.
Within the amounts provided, $6,500,000 is provided for the
Internet Crimes Against Children Task Force to form new units
to investigate and prevent child sexual exploitation, which
are based on the protocols for conducting investigations
involving the Internet and online service providers that have
been established by the Department of Justice and the NCMEC.
Management and Administration.--The conference agreement
provides $37,795,000 for the management and administration of
the Office of Justice Programs (OJP), instead of $43,491,000
as proposed by the House and $42,797,000 as proposed by the
Senate. Funding is also provided from the ``Juvenile
Justice'' and ``State and Local Law Enforcement Assistance''
accounts for the administration of grants under these
activities. If additional management and administration funds
are required, a request for reprogramming or transfer of
funds, pursuant to Section 605 of this Act, should be
submitted. OJP shall submit to the Committees, by January 15,
2002, a spending plan for all management and administration
resources. This plan should reflect all sources of funding,
including those derived from program accounts. Beginning with
the fiscal year 2003 budget submission, OJP shall identify
all management and administration resources in its budget
submission, including those derived from program accounts.
Counterterrorism Program.--The conference agreement
includes $251,494,000 for the counterterrorism program,
instead of $220,494,000 as proposed by the House and
$373,800,000 as proposed by the Senate.
The conferees recognize the selfless acts of our Nation's
first responders following the September 11, 2001, terrorist
attacks on the United States. They are truly our first line
of defense. The dedication, professionalism, and heroism of
the men and women who serve as police officers, fire
fighters, emergency medical personnel, and emergency
managers, reflect the true spirit of this great Nation. The
conferees extend their sincere gratitude on behalf of the
nation to the fire companies, State and local police
departments, and rescue squads who responded without
hesitation to the emergencies in New York, Virginia, and
Pennsylvania. In their efforts to rescue those in danger,
some of these brave men and women made the ultimate
sacrifice. The conferees also note that untold numbers of
volunteers from States across the Nation also worked shoulder
to shoulder in the rescue efforts, and their contributions in
the face of this tragedy cannot be praised enough.
The events of September 11 underscore how important it is
that this country's first responders have the proper
equipment and
[[Page H8009]]
training in the event of another terrorist act. The conferees
recommend the following distribution of funding for
counterterrorism equipment grants, training, and research and
development programs:
COUNTERTERRORISM PROGRAM
[Dollars in thousands]
------------------------------------------------------------------------
Amount
------------------------------------------------------------------------
Equipment Grants:
State & Other Equipment Grant Program.................. $112,740
State & Local Bomb Technician Equipment Program........ 10,000
------------
Subtotal, Equipment Grants........................... 122,740
============
Training and Technical Assistance:
Integrated Training & Technical Assistance Program..... 35,485
Fort McClellan/Center for Domestic Preparedness........ 18,716
National Domestic Preparedness Consortium.............. 13,969
Virtual Medical Campus................................. 2,000
Website Pilot Program.................................. 2,000
------------
Subtotal, General Training and Assistance............ 72,170
============
Exercise, Evaluation, & Improved Response:
Situational Exercises.................................. 3,991
Nunn-Lugar-Domenici Improved Response Plans............ 2,600
TOPOFF II.............................................. 2,993
------------
Subtotal, Exercise, Evaluation, & Improved Response.. 9,584
============
Research and Development Program:
Research and Development program....................... 18,000
Dartmouth Institute.................................... 18,000
Oklahoma City National Memorial Institute.............. 4,000
New York Center on Catastrophe Preparedness and 7,000
Response..............................................
------------
Subtotal, Research and Development Program........... 47,000
============
Total, Counterterrorism Programs..................... 251,494
------------------------------------------------------------------------
The conferees continue the direction regarding the
distribution of general equipment grants only in accordance
with Statewide plans. The conferees understand that these
plans are currently being submitted to OJP.
The conferees are not convinced that sufficient attention
is being given to potential chemical and biological threats
nationally. Within available resources of the research and
development program, OJP should conduct a study, in
conjunction with George Mason University, to determine the
feasibility for the establishment of a national center for
biodefense, which would include the research, development,
and production of vaccines to combat biological terrorism.
The conference agreement includes $7,000,000 to support
counterterrorism activities of the Center on Catastrophe
Preparedness and Response at New York University (NYU). NYU
proposes to bring the expertise of its departments of
biomedical science, environmental health, medicine, public
health, dentistry, and nursing, among others, to bear on
counterterrorism studies. The conferees urge OJP to work with
the Center to assure that there is a sufficient focus on
chemical and biological threats.
The conferees are aware of the Joint Vulnerability
Assessment Tool that provides the Department of Defense with
an antiterrorism vulnerability assessment, risk management,
and planning tool. OJP is directed to evaluate whether
this program will be beneficial to State and local first
responders and emergency planners, and fund its
development if warranted.
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
The conference agreement includes $2,403,354,000 for the
State and Local Law Enforcement Assistance Program, instead
of $2,519,575,000 as proposed by the House and $2,094,990,000
as proposed by the Senate. The conference agreement provides
for the following programs:
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
[Dollars in thousands]
------------------------------------------------------------------------
Amount
------------------------------------------------------------------------
Local Law Enforcement Block Grant.......................... $400,000
(Boys and Girls Club).................................. (70,000)
(National Institute of Justice)........................ (19,956)
State Criminal Alien Assistance Program.................... 565,000
Cooperative Agreement Program.............................. 20,000
Indian Assistance.......................................... 48,162
(Tribal Prison Construction Program)................... (35,191)
(Indian Tribal Courts Program)......................... (7,982)
(Alcohol and Substance Abuse).......................... (4,989)
Byrne Grants:
Discretionary Grants................................... 94,489
Formula Grants......................................... 500,000
------------
Total, Byrne Grants.................................. 594,489
Violence Against Women Grants.............................. 390,565
Victims of Trafficking Grants.............................. 10,000
State Prison Drug Treatment................................ 70,000
Drug Courts................................................ 50,000
Juvenile Crime Block Grant................................. 249,450
(Project ChildSafe).................................... (38,000)
Other Crime Control Programs:
Missing Alzheimer's Patients........................... 898
Law Enforcement Family Support......................... 1,497
Motor Vehicle Theft Prevention......................... 1,298
Senior Citizens Vs. Marketing Scams.................... 1,995
------------
Total, State and Local Assistance.................... 2,403,354
------------------------------------------------------------------------
Local Law Enforcement Block Grant.--The conference
agreement includes $400,000,000 for the Local Law Enforcement
Block Grant program as proposed by the Senate, instead of
$521,849,000 as proposed by the House. Within the amount
provided, the conference agreement includes $70,000,000 for
the Boys and Girls Clubs of America. The conferees expect the
Boys and Girls Clubs of America to use a portion of these
funds to carry out the Kids2000 Act (Public Law 106-313; 114
Stat. 1260).
Cooperative Agreement Program.--The conference agreement
includes $20,000,000 for the Cooperative Agreement Program,
instead of $35,000,000 as proposed by the House and Senate.
Currently, there is over $20,000,000 of unobligated balances
available for this program. The conferees are concerned over
the very high level of funding carried forward in the
Cooperative Agreement Program. This program is intended to
provide guaranteed State and local bed space for Federal
detainees in USMS and INS custody. The conferees direct that
the USMS, in consultation with INS, provide an implementation
plan for these resources no later than January 15, 2002. The
plan should include steps that USMS and INS intend to take to
ensure that funding is obligated and this bed space is
available.
Tribal Prison Construction.--The conference agreement
includes $35,191,000 for the prison construction program as
proposed by both the House and Senate. The conferees expect
OJP to examine each of the following proposals, provide
grants if warranted, and submit a report on its intentions
for each proposal: a NANA 28 bed jail for Kotzebue, Alaska;
construction of a detention facility within the Spirit Lake
Nation; construction of a detention facility for the Lower
Brule Sioux Tribe; construction of a detention facility for
the Mississippi Band of Choctaw Indians; and expansion of an
adult detention facility for the Gila River Indian
reservation.
Edward Byrne Grants to States.--The conference agreement
includes $594,489,000 for the Edward Byrne Memorial State and
Local Law Enforcement Assistance Program, of which
$94,489,000 is for discretionary grants and $500,000,000 is
for formula grants under this program. Within the amounts
provided for discretionary grants, OJP is expected to review
the following proposals, provide grants if warranted, and
report to the Committees on its intentions. In addition, up
to 10 percent of the funds provided for each program shall be
made available for an independent evaluation of that program.
$5,000,000 for the National Crime Prevention
Council's McGruff campaign;
$300,000 for the Women's Center, Vienna, VA;
$250,000 for the DuPage County, IL Fire
Investigation Task Force for arson investigations;
$1,000,000 for the Julian Dixon Courtroom and
Advocacy Center at the Southwestern University School of Law
in Los Angeles, CA;
$1,000,000 for the Night Lights Program expansion
in San Bernardino, CA;
$2,000,000 for the San Joaquin Valley, CA Rural
Agricultural Crime Prevention Program;
$3,942,000 for the Center for Court Innovation in
New York State, including $1,000,000 for Onondaga County and
surrounding areas;
$3,000,000 for the Law Enforcement Innovation
Center (LEIC), TN;
$300,000 for the Chattanooga Endeavors Program;
$15,000 for the New Mexico Technology to Recover
Abducted Kids (TRAK);
$3,000,000 for the National Fatherhood Initiative;
$3,000,000 for the National Center for Justice and
the Rule of Law at the University of Mississippi School of
Law to sponsor research and produce judicial education
seminars and training for judges, court personnel,
prosecutors, police agencies, and attorneys;
$300,000 for the National Association of Town
Watch's National Night Out crime prevention program;
$750,000 for a prevent underage drinking
demonstration program;
$500,000 for BiasHELP of Long Island;
$50,000 for the City of San Luis Obispo, CA, for a
gang prevention project;
$75,000 for the NYPD criminal justice coordination
project;
$1,100,000 for the National Training and
Information Center (NTIC);
$1,000,000 for I-SAFE, for teaching children
online safety;
$500,000 for Community Security Initiatives (CSI)
of the Local Initiatives Support Corporation;
$600,000 for Atlanta, GA, for a comprehensive
homicide reduction initiative;
$1,000,000 for Excelsior College in NY for a
distance education degree program in criminal justice;
$200,000 for Men Against Destruction, Defending
Against Drugs and Social Disorder (MAD DADS) of Miami-Dade,
FL;
$2,235,000 for the Washington Metropolitan Area
Drug Enforcement Task Force (MATF);
$500,000 for the Northwestern MA District
Attorney's Office special prosecution program, for crimes
against seniors and the disabled;
$500,000 for the expansion of law enforcement
counseling programs at the On-Site Academy in Gardner, MA;
$350,000 for Turtle Mountain Community College's
``Project Peacemaker'';
$1,000,000 for the Doe Fund's Ready Willing and
Able Program;
$1,000,000 for the TELACU family-based gang
violence prevention program;
$20,000 for the Thin Blue Line of Michigan for
assistance to law enforcement families in crisis;
$400,000 for the National Indian Justice Center;
$100,000 for the Rock Island Juvenile Court;
$1,000,000 for the National Corrections and Law
Enforcement Training and Technology Center in Moundsville,
WV;
$1,000,000 for the National White Collar Crime
Center;
$1,000,000 for Kent State University's Institute
for the Study and Prevention of Violence;
[[Page H8010]]
$2,000,000 for the Harold Rogers Prescription Drug
Monitoring Program;
$6,000,000 for the Police Athletic League;
$100,000 for the Will County, IL Juvenile Drug
Court;
$350,000 for the National Association of Court
Management;
$1,000,000 for Mothers Against Drunk Driving
(MADD);
$4,000,000 for Mental Health Courts;
$1,500,000 for the Newport News, VA, Achievable
Dream Program;
$750,000 for the Chicago Project for Violence
Prevention;
$662,000 for the Virginia Community Policing
Institute;
$1,000,000 for Roger Williams University in
Bristol, RI, for a law enforcement professional training
program with the Justice System Research and Training
Institute;
$1,750,000 for Kristen's Act;
$900,000 for the Beyond Missing Program to be
coordinated with Office of Justice Programs and the National
Center for Missing and Exploited Children;
$4,500,000 for the Executive Office of U.S.
Attorneys to support the National District Attorneys
Association's participation in legal education training at
the National Advocacy Center;
$500,000 for Santee-Lynches Cops Demonstration
Project to reduce violent crime, drug trafficking, and
substance abuse;
$2,000,000 for continued support for the expansion
of Search Group, Inc. and the National Technical Assistance
and Training Program to assist States, such as West Virginia,
to accelerate the automation of fingerprint identification
processes;
$2,750,000 for the Drug Abuse Resistance Education
(DARE AMERICA) program. The Conferees are concerned that DARE
programs effectiveness has been called into question and
encourages DARE to continue the restructuring effort
currently underway and to report to the Committees on its
progress;
$150,000 for the Indianapolis Comprehensive
Domestic Violence Response Program;
$200,000 for the Baker County, Oregon Federal Law
Enforcement Training Center;
$250,000 for Alfred University's Coordinating
County Services for Families and Youth;
$1,400,000 to the Springfield, Missouri Police and
Fire Training Center;
$3,000,000 for the Clearwater, Idaho EDA for the
Lewis and Clark Bicentennial Bi-State Public Safety Project;
$350,000 for the Albuquerque, NM DWI Resource
Center to fund drunk driving awareness and prevention
programs;
$750,000 to the Nevada National Judicial College;
$1,500,000 for the Tools for Tolerance Program;
$400,000 for the University of Northern Iowa for
the Domestic Violence Services for Women project;
$4,000,000 for the Eisenhower Foundation for the
Youth Safe Haven program;
$500,000 for the Littleton Area Learning Center;
$200,000 for Boyle-Mercer County for a Court
Appointed Special Advocate;
$250,000 for the Regional Prevention Center in
Maysville, Kentucky;
$1,500,000 to the New Hampshire Department of
Safety for Operation Streetsweeper;
$400,000 for the Carroll County District Court's
Alternate Sentencing Program in New Hampshire;
$1,500,000 for the Center for Task Force Training;
$1,000,000 for the University of Nebraska,
Department of Criminal Justice, for a police professionalism
initiative;
$350,000 for the Southwest Arkansas Domestic
Violence Center for domestic violence prevention activities
to fund programmatic and equipment costs;
$500,000 for the Southwest Texas State University
Law Enforcement Training Center for equipment and program
support;
$250,000 for the Oklahoma Bureau of Narcotics for
the necessary equipment to establish a Mobile Command Post;
$500,000 for the Arizona Criminal Justice
Commission;
$350,000 to the Iowa Department of Public Health
to institute a pilot program to rehabilitate nonviolent drug
offenders;
$350,000 for the Ninth West Judicial District in
Arkansas for video conference equipment for remote witness
testimony;
$200,000 for the Cranston, Rhode Island Police
Department's Community Police Division for community policing
initiatives;
$900,000 for Ridge House Treatment Facility in
Reno, Nevada to house low intensity, non-sex offender, non-
violent convicts;
$110,000 for a Statewide DARE coordinator in
Alaska;
$300,000 for the National Center for Rural Law
Enforcement in Little Rock, Arkansas;
$750,000 for the Alaska Native Justice Center
Restorative Justice programs;
$1,100,000 for rural alcohol interdiction,
investigations, and prosecutions in the State of Alaska;
$250,000 for the Partners for Downtown Progress
program in Alaska;
$1,000,000 for Jefferson County, Alabama for an
emergency system;
$100,000 for the Native American Community Board
in Lake Andes, South Dakota for programming and equipment
related to the Domestic Violence Shelter and Community
Prevention Program;
$150,000 for the Wakpa Sica Reconciliation Place
in Fort Pierre, South Dakota;
$230,000 for the MUSC Innovative Alternatives for
Women program;
$1,000,000 for the South Carolina U.S. Attorney's
Office in Charleston for software, personnel, and equipment
related to a gunfire detection system;
$500,000 for Kansas City, Missouri, for the
continuation of the Community Security Initiative; and
$500,000 for STEP II, for the Washoe County
Rehabilitation Program.
Violence Against Women Act.--The conference agreement includes
$390,565,000 to support grants under the Violence Against Women Act, as
proposed by both the House and Senate. The conference agreement
provides funding under this account as follows:
VIOLENCE AGAINST WOMEN ACT PROGRAMS
[Dollars in thousands]
------------------------------------------------------------------------
Amount
------------------------------------------------------------------------
General Grants............................................. $184,737
(National Institute of Justice)........................ (5,200)
(Safe Start Program)................................... (10,000)
(Domestic Violence Federal Case Processing Study)...... (1,000)
(Domestic Violence Emergency Calls Study).............. (200)
Victims of Child Abuse:
CASA (Special Advocates)............................... 11,975
Training for Judicial Personnel........................ 2,296
Grants for Televised Testimony......................... 998
Grants to Encourage Arrests Policies....................... 64,925
Rural Domestic Violence Assistance Grants.................. 39,945
Training Programs.......................................... 4,989
Stalking Database.......................................... 3,000
Violence on College Campuses............................... 10,000
Civil Legal Assistance..................................... 40,000
Elder Abuse Grant Program.................................. 5,000
Safe Haven Project......................................... 15,000
Domestic Violence Forensic Exams Study..................... 200
Education and Training for Disabled Female Victims......... 7,500
------------
Total................................................ 390,565
------------------------------------------------------------------------
The conference agreement adopts by reference Senate report
language directing the Department to work with the State of
Alaska, the Alaska Native community, and non-profit
organizations involved in prevention and treatment of
domestic violence to develop a Statewide plan to combat
domestic violence.
Substance Abuse Treatment for State Prisoners.--The
conference agreement includes $70,000,000 for grants to
States and units of local government for development and
implementation of residential substance abuse treatment
programs within State correctional facilities and certain
local correctional and detention facilities. The conference
agreement adopts by reference the House report language
regarding expanding the use of these grants to provide
treatment for released State prisoners.
Juvenile Accountability Incentive Block Grant.--The
conference agreement includes $249,450,000 for the Juvenile
Accountability Incentive Block Grant program as proposed by
the House and Senate. Within this amount, $38,000,000 is
available for Project ChildSafe, an initiative that will
ensure gun safety locks are available for every handgun in
America. An additional $12,000,000 is included for gun safety
locks under Juvenile Justice, for a total funding level of
$50,000,000.
The conferees support the use of gun safety locks and
encourage the distribution of safety locks to handgun owners.
However, the conferees are concerned with reports that some
of these safety locks have failed or do not work on
certain handguns. The conferees understand that the
Department of Justice is reviewing the availability of
national standards for gun safety locks, and that private
industry groups have also sought the promulgation of such
standards. The Department of Justice is directed to work
with various Federal agencies, private industry groups,
and other interested parties in the development of
national standards for gun safety locks. Funds recommended
for Project ChildSafe may be used to offset the cost of
this effort. Until such national standards are
established, or interim standards identified, no funds
shall be obligated for the purchase and distribution of
gun safety locks and only locks that meet these standards
should be purchased and distributed.
The conferees direct the Department of Justice to submit a
report by January 15, 2002 that: (1) reports the status of
the development of interim and national standards for handgun
safety locks; (2) provides cost estimates for gun safety
locks based on the new national standards; and (3) describes
how funding for gun safety locks will be distributed to the
States.
Senior Citizens Against Marketing Scams.--The conference
agreement includes $1,995,000 for programs to assist law
enforcement in preventing and stopping marketing scams
against the elderly. The conference agreement adopts by
reference the Senate report language requesting OJP to
conduct some program sessions at the National Advocacy Center
and to coordinate efforts with the Federal Trade Commission.
weed and seed program fund
The conference agreement includes $58,925,000 for the Weed
and Seed program, as proposed by both the House and Senate.
community oriented policing services
The conference agreement includes $1,050,440,000 for the
Community Oriented Policing Services (COPS), instead of
$1,013,498,000 as proposed by the House and $1,049,659,000 as
proposed by the Senate. The conference agreement provides
funding under this account as follows:
[[Page H8011]]
COMMUNITY ORIENTED POLICING SERVICES
[Dollars in thousands]
------------------------------------------------------------------------
Amount
------------------------------------------------------------------------
Public Safety and Community Policing:
COPS Hiring Program.................................... $330,000
(School Resource Officers)......................... (180,000)
Training and Technical Assistance...................... 20,662
Tribal Law Enforcement................................. 35,000
Police Corps........................................... 14,435
Methamphetamine Enforcement & Clean-up................. 70,473
Bulletproof Vests...................................... 25,444
------------
Subtotal, Public Safety and Community................ 496,014
============
Crime-Fighting Technologies:
Law Enforcement Technology Program..................... 154,345
Crime Identification Technology Act.................... 87,287
(Safe Schools Technology).......................... (17,000)
National Criminal History Improvement.................. 35,000
Crime Laboratory Improvement Program................... 35,000
DNA Backlog Elimination................................ 40,000
------------
Subtotal, Crime-Fighting Technologies................ 351,632
============
Prosecution Assistance:
Southwest Border Prosecutors........................... 50,000
Gun Violence Reduction Program......................... 49,780
------------
Subtotal, Prosecution Assistance..................... 99,780
============
Community Crime Prevention:
Police Integrity....................................... 16,963
Offender Reentry....................................... 14,934
School Safety Initiatives.............................. 23,338
Project Sentry......................................... 14,967
------------
Subtotal, Community Crime Prevention................. 70,202
============
Management and Administration.............................. 32,812
============
Total, Community Policing Services................... 1,050,440
------------------------------------------------------------------------
COPS Hiring Program.--The conference agreement includes
$330,000,000 for the COPS hiring program, with up to
$180,000,000 available for the hiring of school resource
officers. The conferees understand that approximately
$55,000,000 is available in recoveries. Language has been
included making these recoveries available for the direct
hiring of law enforcement officers through the COPS Hiring
Program.
The conference agreement includes language that allows
technology grants to be made from fiscal year 2002 direct
appropriations under the COPS Hiring Program not subject to
redeployment tracking requirements. However, the conferees
expect that requests for technology funds will still
demonstrate the time savings expected from implementing these
technology grants.
Police Corps.--The conference agreement includes
$14,435,000 for the Police Corps Program. The conferees
understand that the Police Corps program has sufficient
unobligated balances available to allow the program to
maintain its activities in fiscal year 2002 at the prior year
level.
Methamphetamine Enforcement and Clean-Up.--The conference
agreement includes $70,473,000 for State and local law
enforcement programs to combat methamphetamine production and
distribution, to target drug ``hot spots,'' and to remove and
dispose of hazardous materials at clandestine methamphetamine
labs.
Within the amount provided, the conferees have included
$20,000,000 to be reimbursed to the DEA for assistance to
State and local law enforcement for proper removal and
disposal of hazardous materials at clandestine
methamphetamine labs.
Within the amounts provided, the Department is expected to
review, in consultation with DEA, the following proposals,
provide grants if warranted, and report to the Committees on
its intentions:
$2,100,000 for the Sioux City, IA Regional
Methamphetamine Training Center, to provide training to
officers from eight states in over 80 classes;
$1,000,000 for the Methamphetamine Task Force in
East Tennessee, to fight the spread of meth labs in this
region;
$1,000,000 for the Oklahoma State Bureau of
Investigations and Oklahoma Bureau of Narcotics and Dangerous
Drug Control, to assist their methamphetamine clean up
operations;
$1,500,000 for the Western Kentucky
Methamphetamine Initiative, in collaboration with Daviess
County;
$500,000 for the Virginia State Police, to assist
their efforts in combating methamphetamine;
$500,000 for the Indiana State Police, to assist
their efforts in combating methamphetamine;
$580,000 for the Marion County, OR,
methamphetamine project;
$300,000 for the Marathon and Douglas Counties,
WI, methamphetamine initiatives;
$1,000,000 for the City of Phoenix, AZ, for
methamphetamine laboratory cleanup;
$200,000 for the Minot State University, ND, rural
methamphetamine project;
$405,000 for the Jackson County, MS, Sheriff's
office methamphetamine initiative;
$500,000 for the Riley County, KS Police
Department to assist in methamphetamine clean-up operations;
$803,000 for the Wichita Police Department
clandestine methamphetamine lab equipment package;
$500,000 for the Louisiana Methamphetamine Task
Force;
$461,000 for the Oklahoma City Police Department
for a Methamphetamine/Drug Hot Spots Initiative;
$4,000,000 for the Washington State
Methamphetamine Programs, participants in this program will
include Benton County, Chelan County, City of Spokane, Clark
County, Cowlitz County, Ferry County, Grant County, Grays
Harbor County, King County, Kitsap County, Lewis County,
Mason County, Pend Oreille County, Pierce County, Pierce
County Alliance, Snohomish County, Spokane County, Stevens
County, Thurston County, and Yakima County;
$3,000,000 for California Department of Justice,
Bureau of Narcotics Enforcement, for the California
Methamphetamine Strategy (CALMS);
$619,000 for the Mississippi Bureau of Narcotics
to combat methamphetamine and to train officers on the proper
recognition, collection, removal, and destruction of
methamphetamine;
$750,000 for the Methamphetamine Awareness and
Prevention Project of South Dakota to expand prevention
efforts to include Native American reservations;
$500,000 for the Illinois State Police to combat
methamphetamine and to train officers in those types of
investigations;
$1,000,000 for the Iowa Methamphetamine
Initiative;
$200,000 for the Iowa Tanks-A-Lock Project;
$655,000 for the Arkansas Methamphetamine/Drug Hot
Spots Initiative, of which $155,000 shall be used to retain
three chemists at the Arkansas Crime Lab;
$250,000 for the Wisconsin Ecstasy Awareness
Program;
$1,000,000 for the Wisconsin Methamphetamine Law
Enforcement Initiative;
$500,000 for the Arizona Methamphetamine
Initiative for personnel, training, and equipment;
$400,000 for the Vermont State Multi-
Jurisdictional Drug Task Force;
$150,000 for methamphetamine training for rural
law enforcement officers in Arkansas;
$500,000 for the Kansas Bureau of Investigation to
combat methamphetamines;
$2,000,000 for the Montana Methamphetamine
Initiative;
$500,000 for the Flathead Valley, Montana
Methamphetamine Initiative;
$750,000 for the Central Utah Methamphetamine
Program;
$1,250,000 for the Midwest Methamphetamine
Initiative; and
$1,100,000 for the Missouri Methamphetamine
Initiative.
Law Enforcement Technology Program.--The conference
agreement includes $154,345,000 for continued development of
technologies and automated systems to assist State and local
law enforcement agencies in investigating, responding to and
preventing crime.
Within the amount provided, the COPS office should examine
each of the following proposals, provide grants if warranted,
and submit a report to the Committees on its intentions for
each proposal:
$8,000 for the Walker County Jail, AL, for police
radio system upgrades;
$10,000 for the Powell Police Department, AL, for
police equipment upgrades and technology enhancements;
$60,000 for the Blountsville Police Department,
AL, for an integrated automated fingerprint information
system;
$3,815,000 for the Simulated Prison Environment
Crisis Aversion Tools (SPECAT);
$400,000 for Mooresville, NC, for a Silent
Dispatch and Automatic Vehicle Locator System;
$50,000 for Springfield, MO, for security
equipment for the Southside District Police Station;
$400,000 for the Springfield, MO Police
Department, for in-car video cameras;
$3,000,000 for the Alabama law enforcement
SmartCOP technology initiative;
$1,000,000 for the City of Escondido, CA, for
communications technology upgrades;
$1,000,000 for Placer County, CA, for public
safety communications upgrades;
$1,000,000 for Citrus Heights, CA, for
technological improvements to centralize the police force;
$300,000 for the City of Sierra Madre, CA, for law
enforcement equipment for the Emergency Operations Center;
$900,000 for the Arcadia Police Department, CA,
for the conversion to narrowband radios;
$200,000 for the Northeast Wisconsin Technical
College Tactical Training Facility, Green Bay, WI, for
equipment;
$500,000 for the Cache County, UT Sheriff's
Department, for law enforcement training simulators;
$100,000 for the Aliquippa Police Department, PA,
for police equipment, training, and computer resources;
$800,000 for the Joint Venture 9-1-1
Communications Center (Tri-Com), IL, for law enforcement
communications equipment replacement;
$781,000 for the Long Beach Police Department, CA,
for imaging technology;
$3,000,000 for the video teleconferencing grant
program, through INS, to provide local sheriff's offices the
ability to identify or arraign apprehended aliens;
$735,000 for the Redlands, CA East Valley
Community Justice Center, to study and identify new
technologies;
$750,000 for Inyo County, CA, for public safety
radio communications;
$625,000 for the Arlington County, VA Police
Department and the New Jersey State Police, for Racial
Profiling Self-Assessment Software;
$45,000 for the Jeffersontown Police Department,
KY, for in-car video systems;
$75,000 for the Jefferson County, KY Domestic
Violence Unit, for the purchase of cameras to be used during
investigations;
$750,000 for the Louisville, KY Division of
Police, for in-car video systems;
$1,000,000 for the Sacramento, CA Sheriff's
Department, for law enforcement technology systems;
[[Page H8012]]
$7,500,000 for the Regional Law Enforcement
Technology Program in KY;
$1,000,000 for Sedgwick County, KS Sheriff's
Department, for an integrated records management system;
$800,000 for Jefferson County, AL, for law
enforcement communication equipment upgrades;
$250,000 for Washington Parish, LA Sheriff's
Office, for law enforcement technology and automated systems;
$250,000 for Tangipahoa Parish, LA Sheriff's
Office, for law enforcement technology and automated systems;
$125,000 for the City of Harahan, LA Police
Department, for law enforcement technology and automated
systems;
$250,000 for the City of Kenner, LA Police
Department, for law enforcement technology and automated
systems;
$125,000 for the City of Gretna, LA Police
Department, for law enforcement technology and automated
systems;
$500,000 for St. Tammany Parish, LA Sheriff's
Office, for automated systems to assist investigations;
$500,000 for Orleans Parish, LA Police Department,
for law enforcement technology and automated systems;
$3,000,000 for the Law Enforcement Online (LEO)
Program;
$1,500,000 for the Chattanooga, TN Police
Department, for law enforcement technology;
$1,500,000 for the Oklahoma Department of Public
Safety, for in-car video cameras for the Highway Patrol;
$35,000 for Allen County, KY, for the law
enforcement component of an emergency systems upgrade;
$165,000 for Page County, VA, for law enforcement
equipment to consolidate 911 services;
$1,000,000 for the Virginia State Police, for in-
car video cameras;
$2,000,000 for the Center for Criminal Justice
Technology;
$3,500,000 for Pinellas County, FL, law
enforcement agencies, for facial recognition technology;
$1,000,000 for the City of Mayaguez, PR, for
municipal police technology improvements;
$1,500,000 for the City of Madison, WI, for laptop
computers and video monitoring units in patrol cars;
$500,000 for the Las Vegas, NV Metropolitan Police
Department's Interagency Cyber Crime Task Force, for
technology improvements;
$750,000 for the City of Tallahassee, FL, for a
joint law enforcement communications upgrade;
$1,850,000 for the City of Baltimore, MD, for law
enforcement technology upgrades including laptop computers,
cameras and wiretap equipment;
$300,000 for the Indianapolis, IN Police
Department, for technology enhancements including in-car
cameras;
$1,235,000 for the Territory of the Virgin
Islands, for technology equipment and upgrades;
$750,000 for Lane County/Springfield/Eugene, OR,
for law enforcement area information records system (AIRS);
$750,000 for the City of Austin, TX, for police
mobile data computers;
$750,000 for the City of Fresno, CA Police
Department, for a law enforcement communications system;
$100,000 for the NYPD 47th Police Precinct, for
equipping a mobile command center;
$300,000 for East Palo Alto, CA Police Department,
for communications and computer equipment;
$250,000 for the Marlboro Police Department in
Monmouth County, NJ, for video cameras in patrol cars;
$150,000 for Marion County, OR, for mobile
probation computers and radio equipment;
$625,000 for the East Hazel Crest, IL SSMMA/
Regional Law Enforcement Technology Support Center, for
technological enhancements;
$750,000 for the City of Pawtucket, RI Police
Department, for technology upgrades, including a digital
radio system;
$750,000 for the Town of Portsmouth, RI Police
Department, for technology upgrades including computing and
communications systems;
$750,000 for the Galveston County, TX Sheriff's
Office, for the Southeast Texas Region Law Enforcement
Technology Project, including data equipment and computers;
$87,000 for the Palos Park Police Department, for
law enforcement equipment and new technology;
$33,000 for the Southwest Major Case Unit, IL, for
video surveillance and related technology;
$75,000 for the Village of Larchmont, NY Police
Department, for closed-circuit surveillance equipment;
$20,000 for the Town of Mamaroneck, NY, for police
communications equipment;
$85,000 for the Village of Mamaroneck, NY Police
Department, for an automated fingerprinting system;
$100,000 for the City of New Fairfield, CT Police
Department, for technology improvements including laptop
computers for patrol cars;
$210,000 for the Saint Paul, MN Police Department,
for police radios;
$500,000 for North Attleboro, MA, for technology
upgrades at the new police facility;
$1,000,000 for the facial recognition and data
capture system demonstration for 5 counties in Massachusetts;
$750,000 for Jersey City, NJ, for radio system
upgrades and fixed radio network equipment;
$250,000 for Union City, NJ, for CAD and RMS
systems;
$500,000 for the Solano County, CA Regional Law
Enforcement Training Center, for technology infrastructure;
$225,000 for the Holyoke, MA Police Department,
for equipment;
$1,500,000 for the City of San Francisco, CA, for
a geographic information crime mapping system;
$300,000 for Wake County, NC, for law enforcement
communications;
$500,000 for the City of South Bend, IN, for video
and audio recording systems in squad cars;
$1,801,000 for the Minneapolis, MN Police
Department, for an automated resources system;
$500,000 for the Santa Ana, CA Police Department
Crime Analysis Unit, for equipment purchases;
$900,000 for the City of Norfolk, VA Police
Department, including $400,000 for a computer aided dispatch
system and $500,000 for video cameras;
$750,000 for Ventura County, CA, for an Integrated
Justice Information System;
$40,000 for White County, AR, for technology
upgrades at the county jail;
$750,000 for the City of Abilene, TX, for purchase
of emergency response and public safety communications
equipment for law enforcement;
$750,000 for the Charlevoix-Cheboygan-Emmett, MI
Central Dispatch Authority, for computer aided dispatch/
records management software;
$750,000 for the Citrus County, FL, Emergency
Operations and Communications Center, for law enforcement
technology enhancements;
$90,000 for the San Juan County Criminal Justice
Training Authority/City of Farmington, NM, for an automated
fingerprint identification system;
$3,000,000 for Project Hoosier SAFE-T, for
communications systems upgrade;
$45,000 for the Griffith, IN Police Department,
for in-car video cameras;
$50,000 for the Northwest IN Police Department,
for an automated fingerprint identification system;
$500,000 for the City of Inglewood, CA Police
Department, for digital records management and equipment;
$500,000 for the City of Gardena, CA, for
technology equipment for patrol cars;
$1,400,000 for Columbia County, OR, for law
enforcement communications;
$1,000,000 for Los Angeles County, CA, for law
enforcement communications upgrade;
$250,000 for Washington State Department of
Corrections sex offender monitoring equipment upgrades;
$175,000 for the Washington County, NY Board of
Supervisors, for a mobile command and communications center;
$60,000 for the City of Thibodaux, LA, for in-car
video cameras and computers;
$100,000 for the New Orleans Metropolitan Crime
Commission;
$1,549,000 for the San Bernardino County, CA
Probation Department, for a case management system;
$90,000 for Douglas, WI, for drug interdiction
software system;
$500,000 for the Borough of Shrewsbury, NJ Police
Department, for technology upgrades;
$1,500,000 for the Orange County, CA Strategic
Integrated Justice System, for the electronic linking of law
enforcement communities;
$2,000,000 for the Illinois State Police, for the
implementation of an integrated records management system;
$1,000,000 for the Louisiana State Police, for the
Information and Management Systems within the Emergency
Operations Center;
$1,000,000 for the Washington, DC Metropolitan
Council of Government and Police Chiefs' Pawn database;
$300,000 for Del Mar College in Corpus Christi,
TX, for the Network of Medicolegal Investigative Systems
(NOMIS);
$500,000 for Orange County, CA District Attorney's
Task Force aimed at Catching Killers, Rapists and Sexual
Offenders (TracKERS);
$5,000,000 to the National Center for Missing and
Exploited Children to continue the program created in fiscal
year 2000 that provides targeted technology to police
departments for the specific purpose of child victimization
prevention and response. The technology available to our law
enforcement officials to help them find missing children is
not at the level it needs to be. Most police departments
across the United States do not have personal computers,
modems, and scanners. The departments that do rarely have
them in areas focusing on crimes against children;
$150,000 for Criminal Intelligence Unit in Iberia
Parish, Louisiana;
Up to $3,000,000 for the acquisition or lease and
installation of dashboard mounted cameras for State and local
law enforcement on patrol. One camera may be used in each
vehicle, which is used primarily for patrols. These
cameras are only to be used by State and local law
enforcement on patrol;
$4,000,000 for the Utah Communications Agency
Network (UCAN) for enhancements
[[Page H8013]]
and upgrades of security and communications infrastructure to
assist with law enforcement needs arising from the 2002
Winter Olympics. Of the $4,000,000 appropriated for UCAN
$1,440,000 is for Salt Lake County, Utah, $640,000 is for
Salt Lake City, Utah, and $740,000 is for the City of Ogden,
Utah;
$1,000,000 for the Montana Highway Patrol for
computer upgrades;
$90,000 for the Billings, Montana Police
Department for a firearms training system;
$250,000 for a grant to Portland, Oregon Police
Department for its Squad Car Unit Identification (SQUID)
program;
$125,000 for technology equipment to create a
traffic enforcement unit in the Muncie, Indiana Police
Department;
$250,000 for the Cache Valley, Utah Multi-
jurisdictional 800 Megahertz Project;
$500,000 for the Louisiana Interstate 10
Technology Support Project;
$500,000 for teleconferencing equipment for the
Montana Supreme Court;
$400,000 for a criminal justice records management
system for the Missoula, Montana Sheriff's Department;
$310,000 to fund technology enhancements for the
Douglas County, Colorado Sheriff's Office;
$700,000 for the City of Colorado Springs for its
CMS and PASS systems;
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