[House Report 107-139]
[From the U.S. Government Publishing Office]
107th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 107-139
======================================================================
DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, AND RELATED
AGENCIES APPROPRIATIONS BILL, FISCAL YEAR 2002
_______
July 13, 2001.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Wolf, from the Committee on Appropriations, submitted the following
R E P O R T
together with
MINORITY VIEWS
[To accompany H.R. 2500]
The Committee on Appropriations submits the following
report in explanation of the accompanying bill making
appropriations for the Departments of Commerce, Justice, and
State, the Judiciary, and related agencies for the fiscal year
ending September 30, 2002.
INDEX TO BILL AND REPORT
_______________________________________________________________________
Page Number
Bill Report
Title I--Department of Justice............................. 2
8
Title II--Department of Commerce and Related Agencies...... 42
58
Office of the United States Trade Representative... 42
58
International Trade Commission..................... 43
59
Department of Commerce............................. 43
59
Title III--The Judiciary................................... 63
88
Title IV--Department of State and Related Agency........... 70
96
Department of State................................ 70
96
Broadcasting Board of Governors.................... 81
117
Title V--Related Agencies.................................. 84
119
Department of Transportation: Maritime
Administration................................. 84
119
Commission for the Preservation of America's
Heritage Abroad................................ 86
122
Commission on Civil Rights......................... 86
123
Commission on International Religious Freedom...... 87
123
Commission on Ocean Policy.........................
123
Commission on Security and Cooperation in Europe... 87
124
Congressional-Executive Commission on the People's
Republic of China.............................. 87
124
Equal Employment Opportunity Commission............ 87
124
Federal Communications Commission.................. 88
125
Federal Maritime Commission........................ 89
126
Federal Trade Commission........................... 90
126
Legal Services Corporation......................... 91
127
Marine Mammal Commission........................... 92
128
National Veterans Business Development Corporation. 92
128
Pacific Charter Commission......................... 92
128
Securities and Exchange Commission................. 93
128
Small Business Administration...................... 94
129
State Justice Institute............................ 98
134
Title VI--General Provisions............................... 98
134
Title VII--Rescissions..................................... 108
137
Summary of Estimates and Recommendations
The Committee recommends a total of $38,541,000,000 in
discretionary budget authority for the departments and agencies
funded in this bill. The recommendation is $599,284,000 above
the request and $971,974,000 above the amounts enacted for the
current fiscal year. Within the amounts recommended for
discretionary appropriations, the committee provides
$440,000,000 for the new conservation allocation. The Committee
assumes a 4.6% salary adjustment in all instances where it has
provided amounts for adjustments to a base level of operations
for departments and agencies funded in this bill. The Committee
also recommends $619,801,000 for mandatory programs funded
within this bill.
The following table provides a comparison of the new budget
authority and outlays recommended in the accompanying bill with
the amounts appropriated for fiscal year 2001, and the budget
request for fiscal year 2002:
[In millions of dollars]
----------------------------------------------------------------------------------------------------------------
FY 2002 recommendation
compared with
FY 2001 FY 2002 FY 2002 -------------------------------
enacted request recommended FY 2001 FY 2002
enacted request
----------------------------------------------------------------------------------------------------------------
Discretionary................... 37,569 37,658 38,101 +532 +443
Discretionary-Conservation...... .............. 284 440 +440 +156
Mandatory....................... 578 627 620 +42 -7
-------------------------------------------------------------------------------
Total..................... 38,147 38,569 39,161 +1,014 +592
----------------------------------------------------------------------------------------------------------------
Highlights of the Bill
Major initiatives and highlights contained in the
recommendation follow:
TITLE I.--DEPARTMENT OF JUSTICE
[In millions of dollars]
----------------------------------------------------------------------------------------------------------------
FY 2002 recommendation
compared with
FY 2001 FY 2002 FY 2002 -------------------------------
enacted request recommended FY 2001 FY 2002
enacted request
----------------------------------------------------------------------------------------------------------------
Discretionary................... 20,877 20,925 21,549 +672 +623
----------------------------------------------------------------------------------------------------------------
--$21.5 billion in discretionary funding for the Department
of Justice, $672 million above the fiscal year 2001 level and
$623 million above the President's request.
--$455 million increase to address critical detention
requirements to house Federal prisoners and criminal and
illegal aliens.
--$469 million increase for the Drug Enforcement
Administration, the Federal Bureau of Investigation, and the
U.S. Attorneys to maintain and enhance Federal law
enforcement's ability to fight the war on violent crime and
drugs, and to provide new tools to combat cybercrime and
national security threats.
--$252 million increase for the Immigration and
Naturalization Service to enforce our immigration laws, hire
additional border patrol agents, increase detention and removal
capacity, continue the interior enforcement effort, and reduce
the backlog of naturalization applications.
--$150 million increase to enforce Federal and State gun
laws and distribute gun safety locks.
--$4.3 billion for the Office of Justice Programs and
Community Oriented Policing Services (COPS) Program to continue
assistance to State and local law enforcement agencies,
including: $522 million for the Local Law Enforcement Block
Grant program, $570 million for the Edward Byrne Memorial State
and Local Law Enforcement Assistance Grant program, $250
million for Juvenile Accountability Block Grant programs, and
$565 million for the State Criminal Alien Assistance program.
In addition, $391 million is provided for Violence Against
Women Act programs, $1.0 billion for COPS, and $298 million for
Juvenile Justice programs.
TITLE II.--DEPARTMENT OF COMMERCE AND RELATED AGENCIES
[In millions of dollars]
----------------------------------------------------------------------------------------------------------------
FY 2002 recommendation
compared with
FY 2001 FY 2002 FY 2002 -------------------------------
enacted request recommended FY 2001 FY 2002
enacted request
----------------------------------------------------------------------------------------------------------------
Discretionary................... 5,233 4,880 4,745 -488 -135
Discretionary-Conservation...... .............. 284 440 +440 +156
----------------------------------------------------------------------------------------------------------------
--The Committee is consistent with the President's request
for most of the Department of Commerce and trade-related
agencies. The recommendation fully funds the Bureau of the
Census, the Patent and Trademark Office, the National Institute
of Standards and Technology, the Export Administration, the
Minority Business Development Agency, Economic and Statistical
Analysis, and the National Telecommunications and Information
Administration.
--The International Trade Administration is funded at $15
million over the President's request to provide for restoration
of textile and apparel activities, and fully funds the trade
enforcement and compliance initiative from last year.
--For the National Institute of Standards and Technology
(NIST), the Committee fully funds the President's proposal and
discontinues funding for new grants for the Advanced Technology
Program (ATP). The ATP researchers and scientists have been
transferred to the scientific and technical research services
account.
--The National Oceanic and Atmospheric Administration
(NOAA) is fully funded and adjustments to base are provided.
The recommendation designates the full funding for the
conservation category, $440 million. Protected species, ocean
assessment, and habitat restoration categories are funded
within the conservation budget category, similar to treatment
in the Interior Appropriations bill.
--NOAA includes $135 million for Pacific salmon
restoration.
TITLE III.--THE JUDICIARY
[In millions of dollars]
----------------------------------------------------------------------------------------------------------------
FY 2002 recommendation
compared with
FY 2001 FY 2002 FY 2002 -------------------------------
enacted request recommended FY 2001 FY 2002
enacted request
----------------------------------------------------------------------------------------------------------------
Discretionary................... 3,966 4,580 4,388 +422 -192
----------------------------------------------------------------------------------------------------------------
--Provides funding for the ongoing activities of the
Federal courts; allows the Defender Services account to keep up
with ongoing workload and funding requirements; and begins the
long overdue restoration of the Supreme Court building. The
recommendation provides $4.7 billion, which is an increase of
$426 million over last year's enacted level and $192 million
below the request.
--Provides sufficient funding to increase panel attorney
rates to $90 per hour. The recommendation also assumes that in-
court hours and out-of-court hours should no longer be
compensated at different rates given the reality that the most
efficient hours are those used to avoid costly trials.
--Defers without prejudice the Administration request
regarding salary adjustments for Justices and judges.
TITLE IV.--DEPARTMENT OF STATE AND INTERNATIONAL BROADCASTING
[In millions of dollars]
----------------------------------------------------------------------------------------------------------------
FY 2002 recommendation
compared with
FY 2001 FY 2002 FY 2002 -------------------------------
enacted request recommended FY 2001 FY 2002
enacted request
----------------------------------------------------------------------------------------------------------------
Discretionary................... 6,910 7,841 7,747 +837 -94
----------------------------------------------------------------------------------------------------------------
--Provides a program increase of $419 million for
``diplomatic readiness'', including $134 million for 360 new
positions, $216 million for technology initiatives to replace
the Department's obsolete classified computer system and bring
Internet access to every desktop, and $69,000,000 to replace
and maintain overseas infrastructure.
--Over $1.3 billion, the full request, for embassy security
programs, an increase of $234 million over FY 2001. This
increase includes an additional $154 million for capital
security construction for replacement of our most vulnerable
embassies and consulates, and a program increase of $79 million
and 237 positions to meet increased requirements for improving
the security of State operations, including initiatives on
improving information and telephone security,
counterintelligence, access control, and training.
--$850 million to fully cover anticipated assessments for
U.S. membership in the United Nations and other international
organizations.
--$844 million for contributions for international
peacekeeping activities, the full amount requested.
--$479 million for International Broadcasting, $9 million
more than the request, including new initiatives to improve the
impact of broadcasting to the Middle East and East Asia.
TITLE V.--RELATED AGENCIES
[In millions of dollars]
----------------------------------------------------------------------------------------------------------------
FY 2002 recommendation
compared with
FY 2001 FY 2002 FY 2002 -------------------------------
enacted request recommended FY 2001 FY 2002
enacted request
----------------------------------------------------------------------------------------------------------------
Discretionary................... 2,197 1,804 2,102 -95 +298
----------------------------------------------------------------------------------------------------------------
--$232 million for the Maritime Administration, an increase
of $129 million above the request, including full funding of
$99 million for the Maritime Security Program, $34 million for
the Title XI guaranteed loan program, and the designation of
$13 million to continue capital renovation efforts at the U.S.
Merchant Marine Academy.
--$3 million, the full request, for the Commission on
International Religious Freedom to continue their efforts to
monitor violations of religious freedom worldwide.
--$310 million, the full request level for the Equal
Employment Opportunity Commission, to continue efforts to
reduce the backlog of private sector discrimination charges
awaiting Commission action.
--$438 million, the full request level for the Securities
and Exchange Commission.
--$728 million for the Small Business Administration, an
increase of $186 million above the request. This amount
includes $205 million to support an average annual level of
disaster home and economic injury loans, and $208 million for
SBA business loan programs including appropriations to support
a 7(a) general business loan program level of $10 billion.
--$329 million for the Legal Services Corporation, the
requested level.
Reprogrammings, Reorganizations, and Relocations
The House and Senate reports accompanying the
appropriations bills for the Departments of Commerce, Justice,
and State, the Judiciary, and the Related Agencies for several
years have contained language concerning the reprogrammingof
funds between programs and activities. This matter is addressed in
section 605 of the General Provisions contained in the accompanying
bill.
The Committee expects each department and agency to follow
closely the reprogramming procedures listed below, which are
identical to provisions that applied in statute during fiscal
year 2001. These procedures apply to funds provided under this
Act, or provided under previous Appropriations Acts that remain
available for obligation or expenditure in fiscal year 2002, or
provided from any accounts in the Treasury available to the
agencies funded by this Act.
The Committee expects that the Chairman of the
Appropriations Subcommittee on the Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies will be
notified by letter a minimum of 15 days prior to--
(1) Reprogramming of funds, whether permanent or temporary,
in excess of $500,000 or 10 percent, whichever is less, between
programs or activities. This provision is also applicable in
cases where several activities are involved with each receiving
less than $500,000. In addition, the Committee is to be
notified of reprogramming actions which are less than these
amounts if such actions would have the effect of committing the
agency to significant funding requirements in future years.
(2) Increasing funds or personnel by any means for any
project or activity for which funds have been denied or
restricted.
(3) Creating new programs, offices, agencies or commissions
or substantial augmentation of existing programs, offices,
agencies or commissions.
(4) Relocating offices or employees.
(5) Reorganizing offices, programs, or activities.
In addition, the Committee expects any department or agency
funded in the accompanying bill that is planning to conduct a
reduction-in-force to notify the Committee by letter 30 days in
advance of the date of the proposed personnel action.
The Committee also expects that any items that are subject
to interpretation will be reported.
The Committee is concerned that, in some instances, the
departments or agencies funded within this Appropriations Act
are not adhering to the Committee's reprogramming policy and
procedures that are set forth in this report and in section 605
of the accompanying bill. The Committee expects that each
department and agency funded in the bill to follow these
notification policies precisely and will not reallocate
resources or reorganize activities prior to submitting the
required notifications to the Committee. The Committee has
provided each of the departments, the Judiciary, and the Small
Business Administration with transfer authority, which is the
same as the transfer authority provided in the fiscal year 2001
Appropriations Act. The Committee believes such authority,
together with the traditional reprogramming policy, gives each
department, the Judiciary and the Small Business Administration
the needed flexibility to respond to unanticipated
circumstances and requirements which may arise throughout the
fiscal year.
Relationship With Budget and Comptroller's Offices
Through the years the Appropriations Committee has
channeled most of its inquiries and requests for information
and assistance through the budget offices or comptroller
organizations of the various departments, agencies, and
commissions and the Judiciary. The Committee has often pointed
out the natural affinity and relationship between these
organizations and the Appropriations Committee that makes such
a relationship imperative. The Committee reiterates its
position that, while it always reserves the right to call upon
all organizations in the departments, agencies, and commissions
and the Judiciary for information and assistance, the primary
conjunction between the Committee and these entities must be
through the budget offices and comptroller organizations.
The Committee appreciates all of the assistance received
from each of the departments, agencies, and commissions and the
Judiciary during this past year. The workload generated in the
budget process is large and growing, and, therefore, a
positive, responsive relationship between the Committee and the
budget and/or comptroller offices is absolutely essential to
the appropriations process of the United States Government.
Full Compliance With Telework Directive
Advances in information and computer technology, the
development of the Internet, and the growth of wireless and
digital products have given some federal employees the ability
to telework--or work anytime from almost anyplace. Management
considerations, such as productive and satisfied workers;
environmental considerations, such as reduced traffic
congestion and improved air quality; and quality of life
considerations, such as accommodating the short- or long-term
health responsibilities of employees, require the establishment
of telework programs.
Policies on telework are evolving. Among the factors that
contribute to successful programs are top management support, a
clear telework agreement that includes expectations with
measurable goals, accountability, and performance results. The
Committee is committed to telework programs in the Federal
government. Section 359 of Public Law 106-346, the Department
of Transportation Appropriations Act for fiscal year 2001,
directs executive agencies to establish policies under which
eligible employees can telecommute to the maximum extent
possible without diminished performance. By April 2001, the
Office of Personnel Management was directed to ensure that
telework policies were in place for 25% of the eligible federal
workforce, and for an additional 25% each year thereafter. The
Committee expects the departments, the Judiciary, and the
related agencies funded herein to be in full compliance with
this timetable.
Staffing and Operations Outside of the United States
The Committee remains concerned that there does not yet
appear to be any systematic control over the size and growth of
Federal department and agency presence outside of the United
States, raising the likelihood that resources are being
misallocated. The Committee, in conjunction with the
Administration, has begun a number of initiatives to improve
the situation, including the International Cooperative
Administrative Support Services system, to better allocate
costs of overseas presence to each agency, in order to ensure
that any decision to assign personnel overseas is based on the
true cost. Most recently, the Committee has supported the
Overseas Presence Advisory Panel, which presented
recommendations on right-sizing our overseas presence to the
Secretary of State.
This concern is due in large part to the cost implications.
It costs two to three times as much to maintain an employee
outside of the United States as it does within the United
States. It is clear that rationalizing and systematizing
staffing and operations in foreign countries has the potential
for large budgetary savings. The Committee has included
additional guidance under Title IV of this report related to
the implementation of these recommendations.
The Committee wishes to make it clear that any expansion of
staffing or presence overseas is to be brought to the attention
of the Committee at the outset of the planning process, well in
advance of the proposed use of any funds appropriated in this
Act, or any prior or subsequent Appropriations Acts, preferably
through the annual budget submission, and as a last resort
through the reprogramming process. The Committee remains intent
upon finding the proper way to assure control of the deployment
of personnel and resources outside of the United States.
TITLE I--DEPARTMENT OF JUSTICE
The Committee recommends $21,723,303,000 in new budget
authority in the accompanying bill for the Department of
Justice for fiscal year 2002. This amount is $693,828,000 above
the appropriation for the current year and is $615,529,000
above the budget request.
Of the total amount provided, $21,548,585,000 is derived
from general purpose discretionary funds, which represents an
increase of $671,907,000 above the current year. The remaining
$174,718,000 provided is scored as mandatory spending.
The Committee recommendation for the Department of Justice
reflects the continuing commitment of the Congress to
investments which have been made over the last six years to
address the Nation's top domestic priority--fighting crime--
while at the same time fulfilling the commitment to a balanced
budget made by the Congress and the Administration in 1997.
Over the past six years, Congress has increased funding for the
Department of Justice by over $8.2 billion, representing a 50
percent increase in resources. As a result, our communities are
safer, there are more partnerships between Federal law
enforcement officers and State and local police officers, and
violent criminals are serving longer sentences and are not
being released back into the community prematurely.
For fiscal year 2002, an additional $455,730,000 above
fiscal year 2001 is recommended to address critical detention
requirements to house the Federal prisoner and criminal alien
populations. The Committee also recommends increases totaling
$469,485,000 for the Drug Enforcement Administration (DEA), the
Federal Bureau of Investigation (FBI), and the United States
Attorneys (USA) to maintain and enhance Federal law
enforcement's ability to fight the war on violent crime and
drugs, and provide new tools to investigate and prosecute new
and emerging crimes in the information technology age as well
as threats to our national security. To address the continuing
problem of illegal immigration, the Committee recommends an
increase of $197,064,000 for the Immigration and Naturalization
Service (INS) for new border patrol agents and increased
detention and removal capacity, and continued funding to
maintain the interior enforcement initiative begun in fiscal
year 1999. In addition, $565,000,000 is provided to reimburse
States for the incarceration of criminal aliens. The Committee
has also included $45,000,000 in additional funding to continue
the naturalization backlog reduction initiative begun in fiscal
year 1999.
The Committee recommendation provides over $150,000,000 in
additional resources to enforce gun laws and distribute gun
safety locks. This includes $29,000,000 for Project Sentry, a
Federal-State law enforcement partnership to identify and
prosecute juveniles who violate firearms laws and adults who
supply them with guns; $49,780,000 to assist States in
targeting gun crimes through increased arrests, prosecution,
and public awareness; and $75,000,000 for Project ChildSafe, a
program to provide gun safety locks for every handgun in
America.
The recommendation continues to reflect the Committee's
commitment to empower our local communities to fight crime. Now
is not the time to reduce our support for proven crime
prevention and law enforcement programs that have achieved
concrete results. The recommendation includes $4,333,928,000
for all State and local law enforcement assistance, which is
$660,932,000 above the President's request. This includes
funding for the State Criminal Alien Assistance Program
($565,000,000); the Local Law Enforcement Block Grant Program
($521,849,000); the Byrne Grant Program ($570,000,000); the
Community Oriented Policing Services (COPS) Program
($1,013,498,000); Violence Against Women Act (VAWA) programs
($390,565,000); and the Juvenile Justice programs
($547,390,000), including $249,540,000 for the Juvenile Crime
Block Grant.
Despite all of the progress that has been made to improve
Federal law enforcement, the Committee is also mindful of
serious problems that exist in some areas of the Department of
Justice. To address concerns that have arisen regarding the FBI
and DEA, the Committee directs that the Attorney General expand
the authority of the Inspector General (IG) to cover
allegations of employee misconduct within the FBI and the DEA.
The present Department of Justice internal order confers this
responsibility upon the FBI and DEA Offices of Professional
Responsibility (OPR). This system of self-policing has not
provided adequate oversight, and as a result, a number of
serious allegations at the FBI and the DEA have come to light
in recent months. These breaches of security, protocol, and
policy have tarnished the reputation of the world's premier law
enforcement agency and the world's leading drug enforcement
agency, and have resulted in serious damage to the nation's
national security program. To address this issue, additional
funding is provided to the IG to support the expanded
responsibilities being conferred upon this office.
The Committee directs that the Attorney General review the
role of the Department of Justice, FBI and DEA OPRs, in light
of the Inspector General's expanded role, to develop a plan to
reduce or reallocate resources to avoid unnecessary overlap and
expenses. The Committee expects that the fiscal year 2003
budget submission will reflect any reductions and reallocations
as a result of this review.
The Committee reiterates its desire to channel most of its
inquiries and requests for information and assistance through
the budget offices or comptroller organizations, but reserves
the right to call upon all organizations throughout the
agencies. The Committee continues to stress the natural
affinity between these offices and the appropriations
committee, which makes such a relationship imperative.
General Administration
Salaries and Expenses
The Committee recommends a total of $91,668,000 for General
Administration for fiscal year 2002. This amount is $1,765,000
below the request and $3,150,000 above the level provided in
fiscal year 2001.
This account funds the development of policy objectives and
the overall management of the Department of Justice. The
recommendation provides inflationary adjustments to maintain
the current operating level in fiscal year 2002.
The recommended level does not include $1,000,000 for seven
positions and workyears to manage the integration of the INS's
IDENT system and the FBI's IAFIS system. The FBI and INS should
continue to reimburse the Justice Management Division for these
positions.
The Committee recommends bill language, carried in previous
years, which (1) specifies the amount of funding provided for
the Department Leadership and Offices of Legislative and Public
Affairs; and (2) makes up to $3,317,000 of this appropriation
available until expended for the Departmental building,
renovation, maintenance, and security needs.
Joint Automated Booking System
The Committee recommends a total of $15,957,000 for the
Joint Automated Booking System (JABS), the same amount as
requested and $77,000 above the amount provided in fiscal year
2001. Funding is provided for program management support and
maintenance of the JABS production system.
The JABS will enable Department of Justice law enforcement
components--the Bureau of Prisons (BOP), FBI, DEA, INS and the
U.S. Marshals Service (USMS)--to build an automated booking
capability using their respective infrastructures and to share
information using the Department's common information
technology platform.
Narrowband Communications
The Committee recommends a direct appropriation of
$104,615,000 for this account. This amount is $99,934,000 below
the current year level and $9,000 above the request. The
Committee expects the Department to continue implementation of
a consolidated, regional, interagency Justice Wireless Network
(JWN) to meet components' needs and to improve wireless
capabilities, as such an approach will enhance interoperability
and reduce costs associated with narrowband conversion by up to
$1,000,000,000. Amounts provided will be used to continue
implementation of the JWN, operate and maintain legacy systems,
expand the use of commercial services, and support the Wireless
Management Office. It is the Committee's continued expectation
that narrowband requirements can be accommodated without
significant additional new resources. The Committee is
concerned that the JWN does not have a plan for implementation.
Therefore, the Justice Wireless Management Office is directed
to submit an operational plan for expenditure of funds by
October 1, 2001.
Counterterrorism Fund
The Committee recommends $4,989,000 for the
Counterterrorism Fund to cover the extraordinary costs
associated with a terrorist threat or incident. This level is
the full amount requested and the same level provided in fiscal
year 2001. The recommendation, when combined with the current
unobligated balances from prior years, will provide up to
$46,066,000 in the Fund for fiscal year 2002.
The Counterterrorism Fund was established in the 1995
Supplemental Appropriations Act after the bombing of the Alfred
P. Murrah Federal Building in Oklahoma City, and is under the
control and direction of the Attorney General. These funds may
be used to reimburse any Department of Justice organization for
the costs incurred from the reestablishment of an office or
facility damaged or destroyed as a result of a domestic or
international terrorist incident, and to cover extraordinary
expenses necessary to counter, investigate, or prosecute
domestic or international terrorism activities. The Attorney
General is required to notify the Committees on Appropriations
of the House of Representatives and the Senate in accordance
with section 605 of this Act prior to obligation of any funds
from this account.
The Committee recommends bill language, carried in previous
Appropriations Acts, which makes funds available: (1) for costs
incurred in reestablishing the operational capacity of an
office or facility damaged or destroyed by a terrorist
incident; and (2) for support to counter, investigate, or
prosecute terrorism, including payments of rewards and
detention costs in connection with these activities.
Administrative Review and Appeals
The Committee recommends $178,751,000 for Administrative
Review and Appeals. This amount is an increase of $18,043,000
above the fiscal year 2001 level and $252,000 above the
request. Of the total amount provided, $176,964,000 is for the
Executive Office of Immigration Review (EOIR), and $1,787,000
is for the Pardon Attorney.
In light of the recent Supreme Court ruling on the
detention of criminal aliens who have served their sentences,
EOIR is directed to submit a report to the Committee by
September 14, 2001, addressing the impact of this ruling on the
Department of Justice and its components. The INS, BOP, USA,
and other affected components of the Department are instructed
to contribute to this report. EOIR is directed to consult with
the Committee prior to beginning this effort.
This appropriation supports EOIR, which includes the Board
of Immigration Appeals, Immigration Judges, and Administrative
Law Judges who decide through administrative hearings on the
admission or exclusion of aliens seeking to enter the country,
and the transportation and adjustment of status of aliens whose
status has been challenged; and the Office of the Pardon
Attorney, which receives, investigates and considers petitions
for all forms of Executive clemency.
Detention Trustee
The Committee recommends $1,721,000 for the Federal
Detention Trustee within the Department of Justice. This amount
is $3,000 more than requested and $723,000 more than provided
in fiscal year 2001. Technical bill language changes are
included to reflect that the Detention Trustee was established
in the fiscal year 2001 Appropriations Act.
The Committee notes that as of June 27, 2001, a Detention
Trustee still has not been selected and urges the Attorney
General to promptly conclude the hiring process so that the
detention problems noted by the Committee can begin to be
sufficiently addressed.
In response to the Committee's growing concerns about the
problem of inadequate planning and management of detention
space in the Department of Justice, in fiscal year 2000, the
Committee directed that the Attorney General submit
recommendations on a Department-wide strategy to plan for and
manage its detention needs. As part of this effort, the
Committee directed that the trustee establish two regional
detention pilot projects, one along the Southwest border and
one located in the Midwest. As directed in the fiscal year 2001
House report, the Detention Trustee should, at the outset of
these pilot projects, conduct a needs assessment of detention
and detainee handling requirements, and baseline the present
efficiency and effectiveness of all aspects of detention and
detainee handling against subsequent process improvements. This
initial baseline report should also identify the specific
operational areas of detention that will be targeted, as well
as the specific geographic boundaries for the pilot. Additional
elements of the pilot projects should include: centralized
management of Inter-governmental Agreements under the detention
trustee, prisoner transportation, healthcare management, and
Cooperative Agreement Program grants. The Committee continues
to intend that the trustee be given control to direct the use
of INS and USMS detention resources. The Committee expects the
Department of Justice to consult with the Committee in the
development of these pilot projects. A baseline report should
be submitted no later than December 5, 2001, and the completed
assessment of the pilots one year later.
Office of Inspector General
The Committee recommends $50,735,000 for the Office of
Inspector General, which is $5,240,000 above the request and
$9,251,000 above the level provided in fiscal year 2001.
The Office of Inspector General conducts and supervises
audits and investigations relating to the programs and
operations of the Department of Justice. The Inspector General
keeps the Attorney General and Congress informed about problems
and deficiencies relating to the administration of such
programs and activities.
The recommended level includes requested program increases
to address corruption and civil rights cases involving
Departmental employees along the Southwest border, and to cover
increased audit responsibilities in the computer security and
information technology arena, as well as Departmental contract
and grant programs.
The Committee recommendation includes $5,000,000 to expand
the Inspector General's authorities in investigating
allegations of employee misconduct within the FBI and the DEA.
Currently, this responsibility is conferred upon the FBI and
DEA internal offices of professional responsibility. This
system of self-policing has not provided adequate oversight
and, as a result, a number of serious allegations of employee
misconduct have been reported in recent months. Additional
funding is provided to the Office of Inspector General to
support the expanded responsibilities being conferred upon this
office.
United States Parole Commission
salaries and expenses
The Committee recommends $10,915,000 for the Parole
Commission for fiscal year 2002. This level is $53,000 above
the request and $2,079,000 above the amount provided in fiscal
year 2001.
The Commission is an independent body within the Department
of Justice that makes decisions regarding requests for parole
and supervision of Federal and District of Columbia (DC) Code
prisoners. As a result of legislation that established
sentencing guidelines, the Parole Commission is phasing down
its Federal operations. Beginning in August 1998, the
Commission assumed additional responsibilities by taking
jurisdiction over D.C. felony prisoners and D.C. Code parolees.
When the D.C. Board of Parole went out of existence, the
Commission inherited a parole revocation caseload with a
significant backlog of warrant requests and revocation
hearings. Additional resources are necessary to address the
serious deficiencies associated with the D.C. parole program.
The recommended level includes a program increase of 37
positions, 19 workyears, and $1,648,000 to continue the
responsibility of making parole decisions for the District of
Columbia Code prisoners.
Legal Activities
general legal activities
The Committee recommends a total of $568,011,000 for
General Legal Activities for fiscal year 2002, which is an
increase of $1,189,000 above the request and $33,419,000 above
the amount provided in fiscal year 2001.
This appropriation supports the Attorney General through
the establishment of litigation policy, conduct of litigation,
and various other legal responsibilities. The recommendation
provides for adjustments to base totaling $27,558,000 and
program increases totaling $5,861,000. The distribution of
funding provided is as follows:
GENERAL LEGAL ACTIVITIES
[In thousands of dollars]
------------------------------------------------------------------------
2002
recommendation
------------------------------------------------------------------------
Solicitor General....................................... $7,326
Tax Division............................................ 73,795
Criminal Division....................................... 119,449
Civil Division.......................................... 161,107
Environment and Natural Resources....................... 71,687
Office of Legal Counsel................................. 5,199
Civil Rights Division................................... 101,957
Interpol-USNCB.......................................... 8,323
Legal Activities Office Automation...................... 18,835
Office of Dispute Resolution............................ 333
---------------
Total............................................. 568,011
------------------------------------------------------------------------
Criminal Division.--The recommendation includes an increase
of $2,497,000, 26 positions, and 14 workyears, including 16
attorneys, for the Criminal Division to address cyber-
terrorism, extradition and foreign legal assistance, foreign
counterintelligence, and building security issues. The
recommended level does not include funding for new encryption
software and communications equipment for the Criminal
Division. The Department of Justice should consider funding
this equipment through the unobligated balances transferred to
the Working Capital Fund.
Civil Division.--The Committee recommends new bill language
to allow the Attorney General to provide additional resources
for the Civil Division, if emergent circumstances warrant
increased resources, through transfers of funds from other
Department of Justice programs, subject to the requirements of
section 605 of this Act.
Civil Rights Division.--The recommendation provides an
increase of $1,230,000, 18 positions, and 9 workyears,
including 10 attorneys, for the Civil Rights Division to
enforce voting rights, disability rights, and other civil
rights policies.
The recommendation also provides an increase of $1,000,000,
10 positions, and 5 workyears, including 5 attorneys, to
increase civil and criminal investigations and prosecutions of
facilities for individuals who are mentally ill and
developmentally disabled, nursing homes, juvenile correctional
facilities, and adult jails and prisons.
Trafficking.--In addition to amounts noted above, $770,000,
12 positions, and 6 workyears, including 7 attorneys, are
provided for the Civil Rights Division to enforce the Victims
of Trafficking and Protection Act of 2000. These additional
resources will increase the prosecution of persons who violate
the Act and support outreach to local communities to promote
awareness of the trafficking issue. An estimated 1 to 2 million
people are trafficked each year worldwide, with women and
children making up at least 700,000 of this total. It is
estimated that 45,000 to 50,000 women and children are
trafficked into the United States annually by crime rings and
loosely connected criminal networks.
The Committee applauds the Department of Justice's
commitment to investigate and prosecute people who are accused
of trafficking in humans, particularly women who are brought
into this country and then enslaved as prostitutes. The
Committee believes that the trafficking of humans is a criminal
issue and should not be distinguished as a worker exploitation
issue. Therefore, the Committee is concerned that these
investigations and prosecutions are being pursued under the
Civil Rights Division, instead of the Criminal Division. It is
suggested that the Department of Justice consider relocating
these activities to the Criminal Division.
Interpol.--The recommendation provides an increase of
$364,000 for Interpol-U.S. National Central Bureau (USNCB) to
pay for increased dues.
The Committee also recommends bill language, similar to
that included in previous fiscal years, which: (1) allows up to
$20,000 for expenses of collecting evidence; (2) makes up to
$10,000,000 for litigation support contracts available until
expended; (3) makes up to $18,835,000 for office automation
systems available until expended, and includes language
allowing funds to be used for additional Departmental
components; and (4) makes up to $1,000 available to the
INTERPOL-USNCB for reception and representation expenses.
the national childhood vaccine injury act
The Committee recommends a reimbursement of $4,028,000 for
fiscal year 2002 from the Vaccine Injury Compensation Trust
Fund to cover the Department of Justice's expenses associated
with litigating cases under the National ChildhoodVaccine
Injury Act of 1986. This represents the full amount requested and
$9,000 above the level provided in fiscal year 2001.
Salaries and Expenses, Antitrust Division
The Committee recommendation assumes a total of
$141,366,000 in budget authority for the Antitrust Division,
$393,000 above the request and $20,528,000 above the current
year appropriation. Of this amount, $105,366,000 will be
derived from anticipated fee collections in fiscal year 2002,
and $36,000,000 will be derived from available fiscal year 2001
collections, resulting in no net direct appropriation. The
Committee notes that any use of remaining unobligated fee
collections from prior years is subject to the reprogramming
requirements outlined in section 605 of this Act.
This Division acts on antitrust cases before the Supreme
Court, represents the interests of the United States in cases
brought under Federal antitrust laws, reviews decisions of
regulatory commissions, and prepares and files amicus briefs.
Appropriations for both the Division and the Federal Trade
Commission are financed with Hart-Scott-Rodino Act pre-merger
filing fees.
The Committee's recommendation provides an increase of
$13,799,000 and 113 positions and workyears for the civil
merger program. These additional resources will allow the
Antitrust Division to review premerger filings within
statutorily mandated time frames.
The recommendation includes bill language for the Division,
carried in previous fiscal years, which allows fees to be
credited to this account and reduces appropriated funds as fees
are collected.
Salaries and Expenses, United States Attorneys
The Committee recommends a total of $1,353,968,000 for the
U.S. Attorneys for fiscal year 2002. The total amount provided
is an increase of $7,679,000 above the request and $106,337,000
above the current year appropriation.
This appropriation supports the Executive Office of U.S.
Attorneys and the 94 U.S. Attorneys Offices, which serve as the
principal litigators for the U.S. Government for criminal,
civil, and debt collection matters.
The recommendation includes a total of $93,185,000 for pay
and inflationary adjustments and $13,152,000 in program
increases.
Project Sentry.--The recommendation includes $9,000,000, 94
attorneys, and 40 workyears to establish a new Federal-State
partnership that will identify and prosecute juveniles who
violate State and Federal firearms laws, and adults who
illegally furnish firearms to them.
Cybercrime and Intellectual Property Enforcement.--The
recommendation includes an increase of $2,948,000, 24
positions, and 12 workyears, including 18 attorneys, for a
total program level of $6,900,000, for the investigation and
prosecution of intellectual property crimes, including software
counterfeiting crimes and crimes identified in the No
Electronic Theft (NET) Act. The U.S. Attorneys are to
vigorously prosecute these violations of Federal copyright law.
The U.S. Attorneys shall report to the Committee by April 30,
2002, on the number of copyright prosecutions undertaken in the
preceding year, including those under Public Law 105-147, by
type and location.
Habeas Corpus Overload.--The recommendation includes
$1,204,000, 14 positions, and 7 workyears, including 9
attorneys, to handle the immigration workload generated from an
increase in habeas corpus petitions filed by ``post-order''
detainees.
The Committee also recommends bill language, similar to
that included in previous fiscal years, which: (1) makes up to
$2,500,000 for debt collection purposes available through
fiscal year 2003; (2) makes available up to $8,000 to be used
for official reception and representation expenses; (3) makes
up to $10,000,000 for automated litigation support contracts
available until expended; and (4) specifies the number of
positions and workyears provided for the United States
Attorneys.
United States Trustee System Fund
The Committee recommendation provides a total of
$145,937,000 for the U.S. Trustees for fiscal year 2002, to be
entirely funded from offsetting collections and interest on
U.S. securities. The amount recommended is $19,940,000 above
the current level and $8,107,000 below the request. The
Committee notes that any amounts collected or otherwise
available in excess of the recommended level are subject to the
reprogramming requirements outlined in section 605 of this Act.
The U.S. Trustees System provides administrative support to
expeditiously move bankruptcy cases through the bankruptcy
process and ensures accountability of private trustees
appointed to administer bankruptcy estates and with regard to
debtors. Public Law 99-554, the Bankruptcy Judges, U.S.
Trustees, and Family Farmer Bankruptcy Act of 1986, established
a U.S. Trustee System Fund in the U.S. Treasury and provided
for the collection of fees into the Fund to finance program
operations.
The recommendation includes $9,003,000 for pay and
inflationary adjustments and $10,937,000 for program increases,
including:
Abuse Litigation.--The recommendation includes $4,615,000,
76 positions, and 38 workyears, including 24 attorneys, to
identify the number of debtors abusing the bankruptcy system.
This initiative will target those who file for Chapter 7
bankruptcy but may have the income to sustain a Chapter 13
repayment plan.
Caseload Increase.--The recommendation provides an increase
of $3,700,000, 55 positions, and 28 workyears, including 15
attorneys, to process the significant increase in bankruptcy
filings. The Department of Justice estimates that by 2002
filings will increase by 24 percent over 2001.
Automation.--The recommendation includes an increase of
$1,322,000 for automation hardware and software upgrades. The
recommendation does not include an additional $6,000,000
requested for various automation projects. The Department of
Justice should consider funding these projects through the
unobligated balances transferred to the Working Capital Fund.
Bankruptcy Fraud.--The recommendation provides an increase
of $1,000,000, 12 attorneys, and 6 workyears for a bankruptcy
fraud team that will assist the U.S. Attorneys and the FBI in
investigating bankruptcy fraud.
Physical Security.--The recommendation includes an increase
of $300,000 to install 100 duress alarms in rooms where
employees meet with creditors and debtors.
The recommendation also includes bill language which: (1)
allows deposits to the U.S. Trustee System Fund to be used to
pay refunds due depositors; (2) allows $145,937,000 in
offsetting collections to be retained and used for necessary
expenses in this appropriation; and (3) reduces appropriated
funds as such offsetting collections are collected.
salaries and expenses, foreign claims settlement commission
The Committee recommends $1,136,000 for the Foreign Claims
Settlement Commission for fiscal year 2002. This amount is
$6,000 above the request and $31,000 above the current year
appropriation.
The Commission settles claims of American citizens arising
out of nationalization, expropriation, or other takings of
their properties and interests by foreign governments.
salaries and expenses, united states marshals service
The Committee recommends $622,646,000 for the United States
Marshals Service (USMS) salaries and expenses for fiscal year
2002. This amount represents increases of $51,211,000 above the
level for fiscal year 2001 and $2,828,000 above the request.
The recommendation includes a net increase of $35,631,000
in base adjustments, as follows: a $44,269,000 increase for pay
and inflationary adjustments, partially offset by decreases of
$8,638,000 for one-time equipment purchases and lease
expirations. In addition, the recommendation provides program
increases for the following:
Security at New and Expanded Courthouses.--An increase of
$9,394,000 is provided for security at new and expanded
courthouses anticipated to open in 2002, including $3,625,000
for security staffing and $5,769,000 for equipment. This amount
provides the full amount requested for this activity based on
the schedule for courthouse openings submitted in the budget.
The Committee notes that in previous years slippages have often
occurred in this schedule. Therefore, the Committee directs the
USMS to provide the Committee a revised schedule and spending
plan for the use of these funds no later than November 1, 2001.
Should slippages occur in the schedule, the Committee expects
the revised plan to devote these excess resources to address
additional workload requirements, particularly along the
Southwest Border.
D.C. Revitalization.--Additional funding of $2,728,000 is
provided as requested to support the anticipated workload
increases as a result of the National Capital Revitalization
and Self Government Act of 1997, and the mandated closure of
the Lorton, VA, prison complex by December 31, 2001.
Movement of U.S. Prisoners.--An increase of $3,458,000 is
provided as requested to accommodate the estimated increase in
prisoner air movements to 56,371, compared to 51,540 in fiscal
year 2001. The use of the Joint Prisoner Alien Transportation
System (JPATS) continues to be a critical tool in the safe,
efficient, and cost-effective movement of USMS detainees and
sentenced prisoners, prisoners that require medical attention,
and high threat prisoners requiring additional security.
The primary mission of the 94 U.S. Marshals offices is the
protection of the Federal Judiciary, protection of witnesses,
execution of warrants and court orders, and the custody and
transportation of unsentenced prisoners.
The Committee also recommends bill language, similar to
that included in previous Appropriations Acts, which (1) allows
for the acquisition of motor vehicles for police-type use
without regard to the general purchase price limitation; (2)
allows up to $6,000 to be used for official reception and
representation expenses; and (3) makes up to $4,000,000 for
development, implementation, maintenance and support, and
training for an automated prisoner information system available
until expended. In addition, language proposed for deletion is
retained which specifies the number of positions and workyears
provided for the USMS.
construction, united states marshals service
The Committee recommendation includes $6,628,000 for USMS
construction, $11,460,000 below the amount of the current year
appropriation and $7,000 above the request. This account was
created in fiscal year 1999 when responsibility for the
construction of prisoner holding facilities for USMS was
transferred from BOP. The Committee expects USMS to use this
funding to undertake renovation projects which address the
highest priority security needs identified.
federal prisoner detention
The Committee recommendation includes $724,682,000 for the
Federal Prisoner Detention account for fiscal year 2002, which
is $128,594,000 above the level provided in the current year
appropriation and the full amount requested. Under this
program, the U.S. Marshals contract with State and local jails
and private facilities to house unsentenced Federal prisoners
for short periods of time, usually before and during trial and
while awaiting transfer to Federal institutions after
conviction.
The recommendation includes the amount of funding necessary
to detain the current average population, adjusted for
anticipated increases in jail day costs, as well as to allow
for additional growth in the detainee population. This amount
will enable the USMS to house detainees for a total of
10,603,381 non-Federal jail days, an 11 percent increase over
fiscal year 2001, and equates to an average non-Federal daily
prisoner population of 29,050.
fees and expenses of witnesses
The Committee recommends $148,494,000 for Fees and Expenses
of Witnesses for fiscal year 2002, $22,921,000 above the amount
provided for the current year appropriation and $7,651,000
below the request. This appropriation, which is considered
mandatory for scorekeeping purposes, provides for fees and
expenses of witnesses who appear on behalf of the Government in
cases in which the United States is a party, including fact and
expert witnesses, mental competency examinations, and witness/
informant protection. Funds are also used to provide private
counsel to pay certain legal expenses of Federal employees.
The Committee also recommends bill language, included in
previous Appropriations Acts, which allows: (1) up to
$6,000,000 for protected witness safesites; (2) up to
$1,000,000 for the purchase and maintenance of armored vehicles
for prisoner transportation; and (3) up to $5,000,000 that may
be made available for installation and operation of a secure
automated network.
Salaries and expenses, Community Relations Service
The Committee recommends $9,269,000 for the Community
Relations Service for fiscal year 2002, the same as the request
and $813,000 above the current year appropriation. This level
will fund pay and inflationary base adjustments. In addition,
the recommendation includes a provision that allows the
Attorney General to transfer $1,000,000 from funds made
available to the Department of Justice to this account, thereby
allowing for a total funding level of $10,269,000.
The Community Relations Service was established by Title X
of the Civil Rights Act of 1964 to provide assistance to
communities in resolving disagreements arising from
discriminatory practices.
The Committee recommends bill language, identical to that
included in previous years, which allows the Attorney General
to provide additional resources for the Community Relations
Service, if emergent circumstances exist, through the transfer
of funds from other Department of Justice programs, and subject
to the requirements of section 605 of this Act.
Assets Forfeiture Fund
The Committee recommends $21,949,000 for the Assets
Forfeiture Fund for fiscal year 2002, which is $1,000,000 below
the amount requested and the level provided in the current year
appropriation.
This account provides funds for additional investigative
expenses of the FBI, DEA, INS and USMS, such as purchase of
evidence, equipping of conveyances, and investigative expenses
leading to seizure. Funds for these activities are provided
from receipts in the Assets Forfeiture Fund resulting from the
forfeiture of assets. Expenses related to the management and
disposal of assets are also provided from these receipts in the
Assets Forfeiture Fund by a permanent indefinite appropriation.
Radiation Exposure Compensation
Administrative expenses
The Committee recommends $1,996,000 for fiscal year 2002,
the full amount requested and the same level provided in the
current year appropriation, for the expenses of the Civil
Division necessary to handle claims and litigation arising from
the Radiation Exposure Compensation Act (RECA) of 1990, as
amended.
This program was established to permit the payment of
claims to individuals exposed to radiation as a result of
atmospheric nuclear tests and uranium mining in accordance with
RECA.
Payment to the radiation exposure compensation trust fund
The Committee recommends $10,776,000 for fiscal year 2002,
to make payments to individuals who qualify under the Radiation
Exposure Compensation Act. This is the same level as the
request and the current year appropriation.
The Committee also recommends bill language, identical to
that included last year, to limit compensation payments to
claims covered by RECA as in effect on June 1, 2000.
The Committee is aware that over $200,000,000 is required
in fiscal year 2002 to cover approximately 1,767 awards. The
Committee strongly encourages the Administration to work with
the appropriate authorizing committees to develop other funding
options for the payment of these claims.
Interagency Law Enforcement
Interagency Crime and Drug Enforcement
The Committee recommends $340,189,000 for Interagency Crime
and Drug Enforcement for fiscal year 2002, an increase of
$15,008,000 above the current year appropriation and $2,083,000
above the request, to provide for inflationary increases for
Department of Justice agencies' participation in this program.
The Interagency Crime and Drug Enforcement (ICDE) program
was created in 1982 to ensure a coordinated, multi-agency
approach to attacking and dismantling high-level drug
enterprises. Through its nine regional Task Forces, the ICDE
program utilizes the combined resources and expertise of its 11
Federal agency members, in cooperation with State and local
investigators and prosecutors, to target and destroy major
narcotics trafficking and money laundering organizations.
Amounts provided in the accompanying bill are to reimburse
Department of Justice components for their costs to participate
in ICDE task forces; additional funding for non-Justice
Department agencies' participation in ICDE is provided in other
Appropriations Acts.
The recommendation includes funding for the DOJ components
as follows:
REIMBURSEMENTS BY AGENCY
------------------------------------------------------------------------
FTE $(000)
------------------------------------------------------------------------
DEA..................................... 1,000 $112,073
FBI..................................... 912 116,144
INS..................................... 117 16,199
Marshals................................ 13 2,098
US Attorneys............................ 887 89,623
Criminal Division....................... 6 851
Tax Division............................ 14 1,441
Administrative Office................... 12 1,760
-------------------------------
Total............................. 2,961 340,189
------------------------------------------------------------------------
The Committee recommends bill language, similar to that
included in previous Appropriations Acts, which: (1) allows for
intergovernmental agreements with State and local law
enforcement agencies; (2) makes $50,000,000 available until
expended; (3) allows funds to be used under existing
authorities available to participating organizations; and (4)
allows the Attorney General to reallocate unobligated balances
among participating organizations, subject to the reprogramming
procedures described in Section 605 of this Act.
Federal Bureau of Investigation
Salaries and Expenses
The Committee recommends total budget authority of
$3,491,073,000 for the FBI salaries and expenses account for
fiscal year 2002. This amount is $14,786,000 below the request
and $262,591,000 above the level provided for fiscal year 2001.
The Committee recommends an increase of $122,348,000 in
adjustments to base. The Committee has provided the full amount
for base adjustments to support the FBI's current staffing and
operating level as reflected in the budget request.
The Committee is highly concerned about the recent and
recurring problems plaguing the FBI, including the Hanssen
espionage case that went undetected by the FBI for at least 15
years; the problems in turning over all the evidence in the
McVeigh case; and reports that an agent has been selling secret
documents for more than a year to criminal elements and defense
attorneys. These severe lapses in security and procedure are
particularly troubling, given that this Committee has increased
the FBI's budget by more than 32% since 1996. These increases
have supported information technology upgrades, more agents,
and an expanded presence overseas.
The Committee notes that a number of reviews of the FBI are
underway, the latest of which is at the direction of the
Attorney General. The Committee commends the Attorney General
for his recent action directing that the Department's Strategic
Management Council conduct a comprehensive review of the FBI
and submit recommendations for reform no later than January 1,
2002. The Committee directs the Strategic Management Council to
consult with the Appropriations Committee during its review.
The Committee believes that this review will enhance the
institutional integrity of the Bureau, and enhance the
perception of uncompromising personal integrity of the
employees of the world's premier law enforcement entity.
In order to provide on-going oversight, as set forth in the
Inspector General report language and in the opening statement
of this report, the Office of the Inspector General will now
have the authority to conduct investigations into allegations
of employee misconduct within the FBI. The Committee fully
supports the planned revision to the Department's internal
directive issued by the Attorney General, and expects that the
FBI will comply with the direction included in that internal
order. This expanded authority will enable the Department's
Inspector General to investigate allegations of employee
misconduct within the FBI.
The Committee continues to be concerned with the FBI's
ability to execute its budget within the funding levels
appropriated by Congress, and expects to be consulted if any
problems should arise in maintaining an adequate level of
agents and other personnel necessary to fulfilling the mission
of the FBI. The Committee also reminds the FBI that it is
awaiting several outstanding reports, and expects the FBI to
take every opportunity to provide these reports to the Congress
as quickly as possible.
The Committee requests that the new director, once
confirmed, submit a comprehensive budget and financial review
of the FBI no later than six months after being confirmed.
The Committee recommendation continues to include a
provision that identifies the funded position and FTE levels
provided in the bill. These staffing levels are consistent with
full base funding requested and program increases provided in
the Committee recommendation.
The following distribution represents the Committee
recommendation:
FBI SALARIES AND EXPENSES
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Activity Pos. FTE Amount
----------------------------------------------------------------------------------------------------------------
Criminal, Security and Other Investigations:
Organized Criminal Enterprises.............................. 3,778 3,787 $467,246
White Collar Crime.......................................... 4,164 4,068 497,066
Other Field Programs........................................ 10,362 10,130 1,449,170
-----------------------------------------------
Subtotal.................................................. 18,304 17,985 2,413,482
===============================================
Law Enforcement Support:
Training, Recruitment, and Applicants....................... 1,017 987 124,383
Forensic Services........................................... 730 697 138,195
Information, Management, Automation & Telecommunications.... 553 554 243,168
Technical Field Support & Services.......................... 260 242 150,710
Criminal Justice Services................................... 2,010 2,021 210,354
-----------------------------------------------
Subtotal.................................................. 4,570 4,501 866,810
===============================================
Program Direction: Management and Administration................ 2,061 2,002 210,781
===============================================
Total, Direct Appropriations.............................. 24,935 24,488 $3,491,073
----------------------------------------------------------------------------------------------------------------
The Committee reminds the FBI that changes in this
distribution are subject to the reprogramming requirements in
section 605 of this Act.
The Committee recommends program increases totaling
$140,243,000, as follows:
Trilogy.--Trilogy, the FBI's information technology upgrade
plan, will be implemented at all field offices, the Quantico,
VA facilities, Clarksburg, WV, the FBI Headquarters building in
Washington, D.C., and all Legal Attache Offices. The
recommendation for Trilogy includes an increase of $67,660,000,
as requested, for the second year of this three-year
implementation plan. When combined with $100,700,000 in base
and prior year funding, a total of $168,360,000 will be
available to continue this program in fiscal year 2002. The
Committee notes that the FBI submitted a revised strategy for
this initiative in September, 2000, and that this plan was
approved in that form by the Committee. The Bureau is again
directed to continue to provide quarterly status reports to the
Committee on implementation of this plan, including funding
obligations. Any proposed changes to the plan as agreed upon
must be reviewed with the Committee.
Information Technology Report.--As requested in fiscal year
2001, the Committee requests that the FBI provide an updated
information technology report, to include: a complete listing
of all information technology projects; the stage of each
project's development and deployment; base funding for each
project, to include all sources of funding; the fiscal year
2001 and 2002 funding level of each project; and the outyear
cost projections for each project, including recurring
requirements for operations and maintenance of these systems.
This report is to be submitted no later than January 1, 2002.
Counterterrorism Initiative.--The recommendation includes
$24,082,000 in increases for FBI's Counterterrorism needs,
including $12,302,000 for the FBI's participation in the 2002
Salt Lake City Winter Olympics and $11,780,000 for the FBI's
Incident Response Readiness program. The Committee directs the
FBI to continue to coordinate its Counterterrorism activities
with appropriate local, State, Federal and foreign entities.
Cybercrime Initiative.--Increases of $17,224,000 are
provided for the FBI's cybercrime activities. When combined
with $91,398,000 in base resources, a total of $108,642,000 is
available to the FBI to address the growing threat of
cybercrime. Funds are also provided under the U.S. Attorneys
and other areas of this bill to address cybercrime. The
Attorney General is directed to formulate a coordinated
approach to preventing, detecting, and successfully prosecuting
instances of cybercrime, and to submit a report by January 4,
2002, detailing its activities and successes in detecting and
prosecuting criminals involved in cybercrime. This report is to
include an update on the FBI's Innocent Images National
Initiative, the Internet Fraud Complaint Center, and
cybercrimes involving intellectual property rights.
Quantico, VA Laboratory Activation Costs.--The
recommendation assumes a transfer of $25,073,000 from the
Working Capital Fund, as requested, to meet one-time costs
associated with the activation of the FBI's new lab at
Quantico. Another $14,135,000 is provided for costs associated
with decommissioning the old lab in the FBI headquarters
building.
Counterintelligence Initiative.--The recommendation
includes an increase of $31,277,000, 182 positions, and 91 FTE,
the full amount requested, for a counterintelligence initiative
to allow the FBI to more effectively address foreign
intelligence threats on an ongoing basis.
The Committee is aware of the FBI's efforts through the
Jewelry and Gem (JAG) program to establish multi-agency task
forces to address the increased incidents of violent crimes
against jewelry vendors, and encourages the FBI to continue
todevote appropriate resources to disrupting these criminal
enterprises. The Committee also encourages the Bureau to continue to
make technological improvements in its audio intelligence and forensics
capabilities.
The Committee also includes bill language, similar to that
included in previous Appropriations Acts, which provides: (1)
for purchase of not to exceed 1,236 passenger vehicles, of
which 1,142 will be for replacement only, without regard to
general purchase price limitations, and the acquisition and
operation of aircraft; (2) up to $70,000 for unforeseen
emergencies; (3) up to $50,000,000 for automated data
processing, telecommunications and technical equipment, and up
to $1,000,000 for undercover operations to remain available
until September 30, 2003; (4) not less than $448,467,000 for
counterterrorism investigations, foreign counterintelligence,
and national security activities; (5) up to $10,000,000 to
reimburse State and local police for assistance related to
violent crime, terrorism and drug investigations; and (6) up to
$45,000 for official reception and representation expenses. In
addition, bill language is included, as carried in prior fiscal
years, setting forth certain authorities. Bill language is
deleted as requested which prohibits funds from being used to
provide ballistics equipment to State or local entities that
have received similar equipment from other Federal agencies.
Construction
The Committee recommendation includes $1,250,000 for FBI
construction, which is the same amount as requested and
$15,400,000 below the current year appropriation.
Drug Enforcement Administration
Salaries and Expenses
The Committee recommends total budget authority of
$1,543,083,000 for the DEA Salaries and Expenses account for
fiscal year 2002, of which $67,000,000 is derived from the
Diversion Control Fund, resulting in a direct appropriation of
$1,476,083,000. The recommendation is $99,414,000 above the
fiscal year 2001 level and $4,846,000 below the request.
The recommended level provides for a net increase of
$68,213,000 for pay and inflationary costs to maintain the
current operating level. Of this amount, increases totaling
$73,532,000 are provided, offset by a reduction of $5,319,000
for General Services Administration rent decreases. Base
adjustments include the total amount requested to adjust for
the DEA rent ``shortfall.'' The Committee remains concerned
that the DEA has opened a number of offices around the country
with no clear, standard criteria for opening offices, and is
still awaiting the DEA's criteria for opening new offices. DEA
will recall that it received approval from the Committee, after
the fact, to open these offices and begin incurring rent costs,
and that this approval was predicated on the agreement that DEA
would develop and submit criteria for opening offices in the
future. To that end, the DEA is directed to submit, by July 30,
2001, their criteria for when a new office opening is
justified. The DEA is expected to consult with the Committee in
developing these criteria.
Further, the Committee approves, with two minor
modifications, the FY 2001 reprogramming received in June 2001,
which includes a number of mostly technical corrections to
DEA's budget. The Committee understands that the reprogramming
will provide a more accurate accounting of DEA's present costs
by decision unit,and that the vast majority of the changes
proposed in the reprogramming are simply administrative in nature, and
that this reprogramming does not change what DEA employees do, or their
organizational or geographic assignments. The Committee commends the
DEA for taking this step to accurately account for its funding, and to
address the Committee's previously expressed concerns about DEA's
inattention to its reprogramming and fiscal responsibilities.
In addition, the Committee recommends $47,560,000 for
program enhancements. The following table represents funding
provided under this account:
DEA SALARIES AND EXPENSES
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Activity Pos. FTE Amount
----------------------------------------------------------------------------------------------------------------
Enforcement:
Domestic Enforcement........................................ 2,092 2,044 $429,401
Foreign Cooperative Investigations.......................... 633 600 193,275
Drug and Chemical Diversion................................. 165 165 18,961
State and Local Task Forces................................. 1,699 1,696 244,385
-----------------------------------------------
Subtotal.................................................. 4,589 4,505 886,022
===============================================
Investigative Support:
Intelligence................................................ 952 968 119,719
Laboratory Services......................................... 452 415 60,674
Training.................................................... 99 98 24,754
RETO........................................................ 587 567 121,870
ADP......................................................... 125 121 159,044
-----------------------------------------------
Subtotal.................................................. 2,215 2,169 486,061
===============================================
Management and Administration................................... 850 841 104,000
-----------------------------------------------
Total, DEA................................................ 7,654 7,515 1,476,083
----------------------------------------------------------------------------------------------------------------
DEA is reminded that any deviation from the above
distribution is subject to the reprogramming requirements of
section 605 of this Act.
The Committee recommends the following program increases:
Special Operations Division.--The Committee recommends
$15,056,000, 62 positions and 32 FTE, including 13 special
agents, within Domestic Enforcement for theSpecial Operations
Division (SOD) to expand support for critical enhancements for drug
enforcement investigations associated with the Southwest Border
Initiative, Latin America, the Caribbean, Europe and Asia.
FIREBIRD Implementation.--FIREBIRD, DEA's primary office
automation system, supports agency operations by providing
critical investigative, operational and administrative tools to
DEA personnel. To continue deployment and upgrades to DEA's
FIREBIRD system, $19,400,000, 3 positions and 2 FTE are
provided for FIREBIRD implementation. Of this amount,
$2,500,000 is for deployment; $15,000,000 is for technology
renewal; and $1,900,000 is for network security. The DEA is
directed to submit an updated implementation and maintenance
plan to the Committee by December 14, 2001. The DEA is directed
to consult with the Committee prior to beginning this report.
Laboratory Operations.--The Committee recommends
$13,104,000, 69 positions and 35 FTE including 46 chemists, to
meet critical requirements within the Laboratory Services
Program. The DEA is directed to submit a plan for distribution
of this funding by December 14, 2001.
In order to ensure that DEA does not exceed its funded
staffing level, the Committee recommendation continues to
include a provision, as with the FBI and the INS, that
identifies the funded position and FTE levels provided in the
bill. These staffing levels are consistent with full base
funding requested and program increases provided in the
Committee recommendation.
Caribbean Initiative.--The Committee notes that significant
additional resources have been provided to DEA, the FBI, and
INS since fiscal year 1997 to augment activities in Puerto
Rico, the Caribbean, and South Florida. The Committee earlier
directed the Attorney General to provide a report, in
consultation with the Secretaries of Treasury and
Transportation, to the Committee on the status of the
implementation of the enhancements that have been provided in
prior fiscal years and outline any additional requirements
necessary to address the flow of drugs coming through the
Caribbean. The Committee directs that this report be submitted
to the Committee by January 31, 2002. The Committee also
reminds the DEA that it is awaiting several outstanding
reports, and expects the DEA to take every opportunity to
provide these reports to the Congress as quickly as possible.
The Committee directs that DEA continue to provide
quarterly reports on the investigative workhours and funding,
by type, within major source and transit countries, including
the Caribbean, delineated by country and function.
Methamphetamines.--The Committee is concerned with the
growing problem of Ecstasy and methamphetamine use in
communities, particularly rural communities, throughout the
United States. The Committee does not feel that the Department
of Justice has developed an adequate, coordinated strategy to
reduce and eliminate the use of these highly addictive drugs.
Therefore, the Attorney General and DEA are directed to develop
a coordinated strategy to address this escalating problem, and
submit a report to the Committee no later than six months
following the confirmation of the new Administrator of DEA.
OxyContin.--The Committee is concerned with the recent
flourish of abuse and illicit availability of the prescription
drug OxyContin throughout rural America, particularly in
Southern and Eastern Kentucky and Virginia. The Committee notes
that over 100 confirmed OxyContin overdose deaths have occurred
in Kentucky and Virginia alone within the last year, and that
state and local law enforcement agencies there are struggling
with how to effectively combat this epidemic. Though the
Committee commends the DEA for their public awareness campaign,
and their continued outreach and negotiations with the
manufacturer, the Committee is disappointed with the lack of
attention paid to assisting law enforcement agencies at the
local level, and feels DEA should redouble their efforts in
this regard. In addition, as with methamphetamines and Ecstasy,
the Committee is equally concerned that the Department has not
implemented a coordinated strategy to reduce the illegal use
and distribution of this powerful substance. Therefore, the
Committee directs DEA to submit a report no later than November
1, 2001, which outlines a coordination strategy and
distribution of resources for tackling the OxyContin problem,
with particular attention to the unique circumstances facing
rural law enforcement agencies throughout the country.
High Intensity Drug Trafficking Areas (HIDTA).--The
Committee expects DEA to continue its participation in the High
Intensity Drug Trafficking Areas, particularly those operating
in the Midwest, to combat the influx of methamphetamines.
Further, the Committee expects DEA to continue its support of
State and Local Task Forces, and directs DEA to submit a report
by January 4, 2002, outlining the successes of thisprogram and
suggesting areas for improvement and greater coordination. The DEA is
expected to consult with its State and local partners in developing
this report.
Drug Diversion Control Fee Account.--The recommendation
includes $67,000,000 for DEA's Drug Diversion Control Program
for fiscal year 2002, the full amount requested. The
recommendation provides an increase of $2,478,000 for
adjustments to base. The recommendation assumes that the level
of balances in the Fee Account are sufficient to fully support
diversion control programs in fiscal year 2002. As was the case
in previous fiscal years, no funds are provided in the DEA
salaries and expenses appropriation for this account in fiscal
year 2002.
The Drug Diversion Control Program is responsible for
control of diversion, distribution, manufacture and abuse of
legitimate pharmaceuticals. DEA annually registers in excess of
900,000 drug handlers, of which over 1,670 are manufacturers,
distributors, importers, exporters, and others handling large
volumes of controlled substances. These registrants pay fees,
which fully support the cost of this program.
The Committee also recommends bill language, similar to
that included in previous Appropriations Acts, which provides:
(1) up to $70,000 for unforeseen emergencies; (2) for expenses
for drug education and training programs; (3) for purchase of
passenger vehicles without regard to general purchase price
limitations, and acquisition and operation of aircraft; (4) up
to $1,800,000 for research to remain available until expended;
(5) up to $4,000,000 for evidence and information, up to
$10,000,000 for automated data processing and
telecommunications, up to $2,000,000 for laboratory equipment,
$4,000,000 for technical equipment, and $2,000,000 for aircraft
replacement parts to remain available until September 30, 2003;
and (6) up to $50,000 for official reception and representation
expenses. In addition, language is continued which specifies
the number of positions and workyears provided to DEA.
construction
The Committee directs the DEA to submit a report by
December 14, 2001 on the status of laboratory construction and
renovation projects around the country.
Immigration and Naturalization Service
The Committee recommends total new spending authority of
$5,640,504,000 for the INS for fiscal year 2002. This includes
a direct appropriation of $3,371,440,000 for salaries and
expenses, which is $252,441,000 above the fiscal year 2001
level and $16,561,000 below the request. Also included in the
total amount provided for new spending authority is
$2,140,610,000 in anticipated fee collections and estimated
carryover, which is $591,130,000 above the current year level
and $146,669,000 above the amount requested. For construction,
$128,454,000 is provided, which is $4,555,000 less than the
amount provided in fiscal year 2001 and $44,000 above the
request.
salaries and expenses
This year the Committee has once again devoted considerable
resources to the INS. For this support, the Committee expects a
return on investment that will be greater than what it has
received in the past from the INS. The Committee understands
that it is the intention of the Administration to submit
legislation to reorganize the INS. The Committee urges the
Administration to submit this legislation as soon as possible
as reorganization of the INS remains one of this Committee's
highest priorities.
The Committee is also concerned about how the INS is
enforcing Section 212 of the Immigration and Nationality Act of
1952, as amended. This section pertains to the general classes
of aliens ineligible to receive visas. The Committee is
particularly concerned with people who are granted entrance
into the United States who may have been foreign intelligence
operatives against the United States; who have been or are
involved in trafficking in persons; or who are foreign
government officials who have engaged in particularly severe
violations of human rights or religious freedom. The INS, in
cooperation with the State Department's Bureau of Consular
Affairs, is directed to submit a report by December 20, 2001,
describing its efforts to enforce the provisions of Section
212.
The Committee also reminds the INS that it is awaiting
several outstanding reports, and expects the INS to take every
opportunity to provide these reports to the Congress as quickly
as possible.
Backlogs in Naturalization and Other Benefits Applications
Cases.--As in previous years, numerous Members of Congress and
their constituents continue to have complaints about the lack
of attentiveness to their requests for better service and
enforcement. As a result, Members have requested either
additional resources in the nearest INS office, the opening of
new INS offices to deal with backlogs, or the upgrade of
existing offices. Among the many complaints the Committee has
received, Members have reported serious problems in the
following areas: Northern Virginia; New York, New York; Bronx,
New York; Sioux City, Iowa; Nashville, Tennessee; and Northern
New Jersey. Many Members of Congress report that their district
offices serve as ``satellite'' INS offices. This situation is
unacceptable and will not be tolerated any longer. The
Committee continues to believe that additional resources or
upgrading additional offices will not provide relief from poor
service, lack of enforcement and mismanagement, and that
management improvements need to be made immediately.
Enforcement and Border Affairs.--The Committee recommends
$2,738,517,000 for Enforcement and Border Affairs. The account
provides for activities related to inspections, border patrol,
investigations, detention and deportation, and intelligence.
This amount is $1,176,000 above the request and $197,064,000
above the fiscal year 2001 level. Of this amount, a net
increase of $87,824,000 is provided for adjustments to base.
Program increases are described below.
Border Patrol Agents.--To continue to ensure a safe and
secure border, $66,352,000, 570 positions and 143 FTE are
included for new border patrol agents. Should the INS be unable
to hire up to the full amount, the INS is directed to consult
with the Committee to determine how to reallocate funding
provided for these additional 570 Border Patrol agents. The INS
is reminded of the reprogramming obligations as set forth under
Section 605 of this Act. While some increased level of border
control is being witnessed on parts of the Southwest Border,
namely in San Diego, as a result of the doubling of border
patrol agents and technology in this region, the problem has
shifted to other areas along the Southwest Border. In addition,
the Committee remains concerned about the continued problem
along the Northern Border. The Committee expects INS to submit
a deployment plan to the Committee for the new agents provided,
andexpects the plan to pay particular attention to the needs
along the Northern Border and areas along the Southwest Border
experiencing the influx of illegal aliens due to operations along other
parts of the border. The INS is also directed to provide the Committee
with quarterly status reports on border patrol hiring, with the first
such report due no later than January 15, 2002.
Quick Response Teams (QRTs).--In addition to this funding
for border enforcement needs, the Committee is providing an
additional $3,500,000 to establish three QRTs in New Jersey.
The INS is directed to consult with the Committee regarding the
establishment of these task forces. The Committee notes that
from October through December 2000, the INS received 2,532
requests for assistance from state and local law enforcement,
the largest number of requests received by the QRTs in any
given quarter to date. In addition, these QRTs made 2,246
arrests and 1,214 of those arrested were voluntarily returned
to their countries of citizenship. Further, the average
response time was less then three hours. The INS is directed to
continue submitting its quarterly reports on the status of QRT
response rates and apprehensions.
The Committee recommendation continues to provide
$30,737,000 of base resources for information resource
management for border patrol equipment and technology. Of this
amount, the Committee recommendation assumes no more than
$5,000,000 for procurement of additional infrared night vision
scopes and other equipment needs normally funded under this
account.
The Committee is extremely frustrated and disappointed with
the INS lack of responsiveness to Congress, especially as it
relates to the Tucson Border Patrol Sector in Arizona. The
illegal immigration problem in the Tucson Sector is severe and
demands immediate attention. As a result of the INS failing to
comply or give proper explanation of numerous matters in the
Tucson Sector, the Committee is requiring that the INS provide
monthly expenditure reports from the Tucson Sector in order to
allow more thorough oversight of the activities in this sector.
The INS is directed to consult with the Committee to determine
the expenditures that will be included in these reports.
Further, the Committee is concerned with INS compliance with
bill language that has been included for the last three fiscal
years prohibiting the Tucson Sector from using funding to
establish a permanent checkpoint. Bill language states that no
funds shall be available for the site acquisition, design, or
construction of any Border Patrol checkpoint in the Tucson
sector. The INS is reminded that it must not operate a
checkpoint at the same location for seven consecutive days
during a 14 day period in the Tucson Sector. The Committee also
directs the Tucson Sector to implement the negotiations that
were directed to be completed last year to relocate Tucson
Sector helicopter operations to Sierra Vista, Arizona.
The Committee continues bill language carried in previous
Acts requiring that the San Clemente and Temecula checkpoints
be fully operational on a continuous 24-hour basis.
Detention and Removals.--To support additional detention
beds requested under the Breached Bond/Detention Fund,
$20,309,000 and 116 positions are provided for additional
staffing. Another $1,873,000 is provided for 40 additional vans
and 7 buses for transportation of detainees. To accommodate
expected increases in detainee transportation needs, $8,796,000
is provided for additional JPATS movements. In addition,
$8,672,000 is provided for additional costs associated with
providing medical care to detainees. Finally, $2,653,000 is
provided to enable the INS legal proceedings program to assist
the U.S. Attorney's Office and the Office of Immigration
Litigation in immigration-related matters arising in Federal
courts.
IDENT/IAFIS.--The Committee recommendation assumes
$27,000,000 from the Working Capital Fund for continued
deployment and integration needs of the IDENT/IAFIS systems.
This funding will provide for the continued development and
deployment of the ten-print workstation and a ten-print
fingerprint file within IAFIS to support INS apprehension data;
and the planning and design of the interface between INS'
Enforcement Case Tracking System (ENFORCE) and the integrated
IDENT/IAFIS system. The Committee directs the Justice
Management Division (JMD) to consult with the Committee prior
to the obligation of any of these funds. The Committee expects
JMD to continue managing this program and directs the
Department to report on the progress of this planned
intergration.
Citizenship and Benefits, Immigration Support and Program
Resources.--The Committee recommends $632,923,000, which is
$55,377,000 above the current fiscal year and $17,737,000 below
the request. Of this amount, $7,462,000 is provided for
adjustments to base as requested. In addition, the
recommendation includes an increase of $45,000,000 as
requested, plus $35,000,000 in base funds and $20,000,000 in
fees, to continue the naturalization and other applications
backlog reduction initiative.
The Committee has provided significant resources to the INS
over the last three years--over $517 million--to address the
naturalization backlog and to improve the integrity of the
naturalization process, based upon INS' representation that it
would achieve certain results. This funding is in addition to
the fees that the INS collects to process immigration
applications. Despite the Committee's continued concerns, once
again the recommendation provides additional resources to the
INS to address both the naturalization backlog and other
immigration benefits applications backlogs. The Committee
expects the INS to improve the services as promised, and
directs the INS to continue to provide monthly reports to the
Committee on the status of processing of naturalization,
adjustment of status, and all other immigration benefits
applications. Finally, the INS is asked to undertake as many
naturalization ceremonies as possible on or near the 4th of
July.
offsetting fee collections
The Committee recommendation assumes a total of
$2,140,610,000 in offsetting fee collections, an increase of
$591,130,000 from the current year and $146,669,000 above the
request, to support activities related to the legal admission
of persons into the United States. These activities are
supported primarily by fees paid by persons who are either
traveling internationally or applying for immigration benefits.
The Committee notes that the fiscal year 2002 budget request
proposed new or expanded fees to support a number of
initiatives, including an increase in the fee charged certain
airline passengers, and the lifting of the fee exemption for
cruise ship passengers. The Committee adopts the recommendation
for increasing the current airline passenger user fee from $6
to $7, and for lifting the current cruise ship fee exemption
and charging $3 per passenger. The following levels are
recommended:
Immigration Inspections User Fees.--Increases recommended
under this account will be supported from the requested changes
in the current fee structure. The Committee notes that a number
of airports around the country are short of inspections
personnel and expects that this fee increase will enable the
INS to meet increasing staffing demands and meet the mandated
45 minute inspection timeframe at all airports. The Committee
notes that the INS is about to undertake a study on the user
fee program; prior to beginning this study or obligating any
funds, the INS is directed to consult with the Committee. The
Committee recommendation assumes $591,866,000 of spending from
offsetting collections in this account, an increase of
$97,482,000 above fiscal year 2001 and the same amount
requested. For airport inspections, the recommendation includes
adjustments to base as requested, plus 283 positions and 142
workyears for additional Immigration Inspectors at new and
renovated airport terminals, as well as at high growth
airports. The INS is expected to consult with the Committee
prior to the deployment of these new positions. Otherincreases
provided under this account include $4,510,000, 60 positions and 30
workyears for additional inspectors to enable the INS to analyze
traveler information in advance of plane arrivals; $4,144,000 for
additional inspection assistants and clerks to perform ancillary
inspection functions at medium and large airports; $6,512,000, 15
positions and 8 workyears for 7 detention enforcement officers, 3
deportation officers, 5 docket clerks, and 200 additional detention
beds; and $14,370,000 to begin implementation of an automated entry/
exit system at airports as mandated in the INS Data Management
Improvement Act of 2000. This Act requires the development of an
integrated entry and exit data system that would use available data to
record alien arrivals and departures in an electronic format. Another
$6,425,000 is provided for the National Automated Lookout System, an
expansion of the Inspections Traveler Examination, and for purchase of
additional Live Scan Devices that will send electronic fingerprint
submissions to the FBI's Integrated Automated Fingerprint
Identification System. Prior to the obligation of any of these
additional funds, the INS is directed to submit a complete and detailed
implementation plan for how these funds will be used. An additional
$6,300,000 is also provided from increased fees to improve the Carrier
Consultant Program. The INS is directed to ensure that its fee working
group be consulted in the development of this enhanced program. To
provide INS with adequate resources to address the expected increase in
international travel as a result of the 2002 Salt Lake City Winter
Olympics, $1,000,000 is provided for overtime and other needs
associated with this event. For seaport inspections, $4,153,000 is
provided for 54 positions and 27 workyears for additional inspectors.
Another $2,273,000 is provided for passenger analysis units to analyze
passengers in advance to identify inadmissible aliens. As for airport
inspections, this allowance provides $1,069,000 for 25 positions and 12
workyears for additional inspection assistants. This increase will
enable inspectors to devote their time exclusively to conducting
inspections. Finally, $5,545,000 is provided for information technology
initiatives. As in the airport inspection program, the INS is directed
to consult with its fee user group to develop an implementation
strategy for these technology programs prior to the obligation of any
of these funds. The Committee notes that the INS must partner with the
affected industries in order to ensure that these investments are used
in a manner so as to achieve the highest return on investment.
Immigration Examinations Fees.--The Committee
recommendation assumes $1,376,871,000 to support the
adjudication of applications for immigration benefits to be
derived from fees collected from persons applying for
immigration benefits. This represents an increase of
$407,020,000 above fiscal year 2001 spending on these
activities and $118,783,000 above the request. This amount
represents the expected increases from the Legal Immigration
Family Equity Act (LIFE Act), Public Law 106-553, and the LIFE
Act Amendments, Public Law 106-554, including extension of
section 245(i) of the Immigration and Nationality Act. INS
estimates that an additional 2,300,000 applications/petitions
will be filed under the LIFE Act in fiscal year 2001, and
upwards of 1,200,000 will be filed in fiscal year 2002. These
amounts are in addition to the nearly 6,000,000 applications/
petitions filed in fiscal year 2000. This funding, in addition
to the funding provided in direct appropriations, will enable
the INS to attain a six-month processing time in less than five
years. The INS is also expected to provide no less than
$43,000,000 for the telephone customer service center and no
less than $7,200,000 for the indexing and conversion of INS
microfilm images.
Land Border Inspections Fees.--The Committee recommendation
assumes $2,944,000 in spending from the Land Border Inspection
Fund, an increase of $1,274,000 above the current year and
$1,230,000 above the request. The current 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; and Automated PermitPorts
which provide pre-screened local border residents border crossing
privileges by means of automated inspections.
Breached Bond/Detention Fund.--The recommendation assumes
$139,935,000 in spending for detention of illegal aliens from
the Immigration Breached Bond/Detention Fund in fiscal year
2002, an increase of $59,335,000 above the fiscal year 2001
level and $19,172,000 above the request. The allowance assumes
increased receipts resulting from the temporary reinstatement
of section 245(i). Of these increased receipts, $38,517,000
will be used to fund an additional 1,407 detention beds, and
another $1,483,000 will fund vehicles to transport the
increased number of detainees. Carryover balances from 245(i)
fees collected in prior years remain in this account for
expenditure in fiscal year 2002.
Resources available in this Fund are derived from the
recovery of breached cash and surety bonds in excess of
$8,000,000, which are deposited in the Fund as offsetting
collections. In addition, resources are also available in this
account from a portion of fees charged under section 245(i) of
the Immigration and Nationality Act, which initially expired on
January 14, 1998.
H-1B Fees.--The recommendation includes $16,000,000 to
process H-1B visas. This amount assumes the proposed spending
increase of $13,192,000 in this account as a result of Public
Law 106-313, the American Competitiveness in the 21st Century
Act of 2000 and fiscal year 2000 carryover. The H-1B is a
temporary visa category for non-immigrant, highly skilled
workers. The Committee understands that the increased revenues
in this account will be used to hire term employees, to augment
the Service Center's overtime budgets, and to provide
enhancements and improvements to the Computer Linked
Application Information Management System, or CLAIMS 3.
Other.--The Committee has again included provisions that
limit the level of staffing for the INS Offices of
Congressional and Public Affairs. This limitation is not to
affect the level of staffing dedicated to casework. In
addition, the recommendation continues the limitation on the
number of non-career employees at not to exceed four employees.
The Committee also recommends bill language, similar to
that included in previous Appropriations Acts, which provides:
(1) up to $50,000 to meet unforeseen emergencies of a
confidential nature; (2) for the purchase of motor vehicles for
police-type use and for uniforms, without regard to general
purchase price limitations; (3) for the acquisition and
operation of aircraft; (4) for research up to $400,000 to be
available until expended; (5) up to $10,000,000 for basic
officer training; (6) up to $5,000,000 for payments to State
and local law enforcement agencies engaged in cooperative
activities related to immigration; (7) up to $5,000,000 to fund
or reimburse other Federal agencies for costs associated with
the repatriation of smuggled aliens; (8) that up to $30,000 may
be paid to individual employees for overtime; (9) up to $5,000
to be used for official reception and representation expenses;
(10) that funds in this Act or any other Act may not 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; (11) a limit on
the level of funding for the Office of Legislative and Public
Affairs; (12) a limit on the amount of funding available for
non-career positions; (13) direction and authorization for the
Attorney General to impose disciplinary actions, including
termination of employment, for any INS employee who violates
Department policies and procedures relative to granting
citizenship or who willfully deceives the Congress or
Department leadership on any matter; and (14) separate headings
for Enforcement and Border Affairs and Citizenshipand Benefits,
Immigration Support, and Program Direction. In addition, bill language
is included under both headings which specifies the number of positions
and FTE available to the INS.
Construction
The Committee recommends $128,454,000 for Construction
projects for the Immigration and Naturalization Service for
fiscal year 2002, which is $44,000 above the request and
$4,555,000 below the amount provided in fiscal year 2001.
Border Control Construction.--Of the amount recommended,
$42,728,000 is for planning and construction of the following
border patrol facilities to meet space requirements for
additional agents on the Southwest Border:
Full Construction Projects:
Temecula, CA, Border Patrol Station................. $6,000,000
El Centro, CA, Border Patrol Station................ 6,050,000
Chula Vista, CA, Border Patrol Station.............. 9,033,000
Yuma, AZ, Border Sector Headquarters................ 2,000,000
Alpine, TX, Border Patrol Station................... 2,692,000
Laredo, TX, Checkpoint System....................... 7,028,000
Brownfield, CA, Lead Mitigation..................... 3,925,000
San Diego, CA, Border Barriers...................... 3,000,000
Southwest Border Infrastructure..................... 3,000,000
The Committee directs that a portion of the funding
provided for Southwest Border Infrastructure repairs be
directed to the Tucson Sector Border Patrol to repair or
replace rural fences along the Mexico/Arizona border. The INS
is directed to consult with the Committee prior to beginning
this effort, and to provide a report to the Committee by
December 15, 2001, on the status of repairing and replacing
fences in this area.
Detention Facility Construction.--Of the amount
recommended, $31,890,000 is for planning and construction of
additional bed space, to address expansion requirements at
existing facilities, as follows:
Port Isabel, TX, Service Processing Center.............. $7,000,000
Krome, FL, Service Processing Center.................... 14,890,000
El Centro, CA, Service Processing Center................ 3,000,000
El Paso, TX, Service Processing Center.................. 7,000,000
Federal Prison System
Salaries and Expenses
The Committee recommends a fiscal year 2002 appropriation
of $3,830,971,000 for the salaries and expenses of the Federal
Prison System, which is $1,534,000 more than requested and
$361,799,000 above the current fiscal year. When combined with
$15,000,000 of projected carry over from fiscal year 2001, this
will provide an operating level of $3,845,971,000.
The Committee recommendation recognizes the critical
importance of providing adequate space for the incarceration of
sentenced and unsentenced Federal prisoners, and the need to
activate newly constructed prison facilities. The
recommendation provides for requested adjustments to base,
including the annualization costs of new prisons activated and
additional contract services provided in the fiscal year 2001
appropriation.
Activation of New Prisons.--The Committee includes funding
for the activation of new facilities at the medium security
facility in Petersburg, VA and the high security prison in Lee
County, VA. Also provided is funding for equipment needed for
the Glenville, WV Federal Correctional Institution (FCI) and
the Canaan, PA United States Prison (USP).
The Committee has been made aware that the Youngstown, OH
private prison facility may be able to fulfill some of the
needs of the Bureau of Prisons in housing medium security
inmates. The Committee directs the Bureau of Prisons (BOP) to
conduct a review and submit a report to the Committee on the
estimated cost to purchase the facility, and include an
estimate on the cost to redesign the facility in order to
fulfill the needs of housing medium security inmates. The
report is to include estimates on the number of personnel and
associated costs necessary to staff the facility. The BOP
should compare the potential costs of running this facility
with other BOP medium security facilities. This report is to be
submitted to the Committee by September 10, 2001.
The recommendation also includes $18,913,000 for an
additional 1,500 contract confinement beds to house criminal
aliens, and another $38,530,000 for 1,499 additional contract
confinement beds to house the general inmate population.
The Committee also supports the expansion of the drug
treatment program as requested, as studies have shown that
increases in treatment and other such rehabilitative programs
can reduce recidivism rates. In addition, the Committee
supports the request to establish a multi-faith based prison
pre-release pilot program. The Committee directs that a fifth
pilot be added, and that it be located at the Petersburg, VA
facility. The Committee directs that the Bureau of Prisons, in
conjunction with the Attorney General and the Office of Justice
Programs, submit a report by April 1, 2002, assessing the
implementation of this program. The BOP, in establishing these
pilots, should build in baseline measures so as to enable the
Department to assess the impact of this program on future
recidivism rates.
The Committee also recommends bill language, similar to
that included in previous Appropriations Acts, which provides:
(1) for the purchase of motor vehicles for police-type use; (2)
for the provision of technical advice to foreign governments;
(3) for transfer of funds to the Health Resources and Services
Administration; (4) for the Director to enter into contracts to
furnish health care; (5) up to $6,000 for reception and
representation expenses; (6) up to $20,000,000 for contract
confinement expenses for the care and security of Cuban and
Haitian entrants; and (7) for the Federal Prison System to
enter into contracts and other agreements with private entities
for multi-year periods for the confinement of Federal
prisoners. The Committee also includes a proposed change in the
number of new and replacement automobile purchases, and
includes language, as requested, designating an amount to
remain available for two years.
Buildings and Facilities
The Committee recommends $813,552,000 for fiscal year 2002
for the construction, modernization, maintenance and repair of
prison and detention facilities housing Federal prisoners,
which is $19,721,000 below the request and $20,270,000 below
the current fiscal year. The amount provided includes the full
request for adjustments to base.
The recommendation provides $630,047,000 as requested for
facilities with prior funding:
[in thousands of dollars]
USP Western............................................. $147,000
USP South East/Coleman, FL.............................. 133,000
FCI South East/SC....................................... 106,000
FCI Mid Atlantic........................................ 91,047
USP Western............................................. 11,500
FCI Butner, NC.......................................... 11,500
USP Terre Haute, IN..................................... 130,000
The Committee also provides $20,000,000 for site and
planning for new facilities requested in the budget, including:
Northern Florida (female facility)...................... $5,000
FCI North Central (female facility)..................... 5,000
FCI South Central....................................... 5,000
USP North East/Northern Mid Atlantic.................... 5,000
The Bureau is expected to consult with the Committee with
respect to the siting and planning of these facilities.
The Committee also recommends bill language, similar to
that included in previous Appropriations Acts, which allows:
(1) for planning, acquisition of sites, and construction of
facilities; (2) for leasing a facility in Oklahoma City; (3)
for acquisition, remodeling, and equipping facilities by
contract or force account; (4) up to $14,000,000 to construct
inmate work areas; (5) for use of prisoner labor; and (6) up to
10 percent of this appropriation to be transferred to the
salaries and expenses account.
Federal Prison Industries, Incorporated
(Limitation on Administrative Expenses)
The Committee recommends a limitation on administrative
expenses of $3,429,000 for Federal Prison Industries,
Incorporated, for fiscal year 2002, which is $8,000 above the
current limitation and equal to the request.
Office of Justice Programs
The Committee recommends a total of $4,333,928,000 in new
budget authority for fiscal year 2002 for the various law
enforcement assistance programs, juvenile delinquency
prevention programs, and research and statistics programs of
the Office of Justice Programs (OJP). This amount is
$660,932,000 above the request and $323,569,000 below the
current year appropriation.Included in these amounts are funds
for programs providing assistance to State and local entities, such as
the Local Law Enforcement Block Grant program, the State Criminal Alien
Assistance Program, the Violence Against Women Grant program, the Byrne
Grant program, the Weed and Seed program, Juvenile Justice and
Delinquency Prevention programs, and Victims of Child Abuse programs.
Justice Assistance
The Committee recommends $408,371,000 in direct
appropriations for the Justice Assistance program for fiscal
year 2002, which is $694,000 above the request and $8,928,000
below the current year appropriation.
The Justice Assistance program provides assistance to
States and localities in the form of research, evaluation,
statistics, information sharing, emergency assistance, missing
children assistance, and the management and administration of
all grants provided through the Office of Justice Programs. The
distribution of funding provided is as follows:
JUSTICE ASSISTANCE
[In thousands of dollars]
------------------------------------------------------------------------
2002
recommendation
------------------------------------------------------------------------
National Institute of Justice........................... $54,879
Bureau of Justice Statistics............................ 32,335
Missing Children........................................ 22,997
Regional Information Sharing System..................... 24,945
White Collar Crime Information Center................... 9,230
Counterterrorism Programs............................... 220,494
Management and Administration........................... 43,491
---------------
Total............................................. 408,371
------------------------------------------------------------------------
National Institute of Justice.--The Committee
recommendation provides $54,879,000 for the National Institute
of Justice (NIJ) for fiscal year 2002, which is the same as the
request and $14,967,000 below the current year appropriation.
NIJ is the nation's primary source of research and
development in the field of criminal justice. NIJ fosters
innovation in law enforcement technologies and practices,
investigative causes and patterns of crime, and informs the
public of research and development findings. Within the total
funding level provided to NIJ for fiscal year 2002, the
following initiatives should continue to be funded:
--National Law Enforcement and Corrections Technology
Center system, a network of facilities and capabilities
that converts non-lethal defense technology to law
enforcement use. The system also provides actual
casework assistance when highly specialized
technologies are required, as well as help in
identifying and locating high quality technologies and
equipment for law enforcement use. The current year
level is provided for the technology commercialization
initiative at the National Technology Transfer Center
and for the Center for Rural Law Enforcement Technology
and Training.
--DNA Technology Research and Development, a program
to develop highly accurate, reliable, economic, quick,
and acceptable DNA testing approaches.
--Facial Recognition, a project to locate and
identify missing and exploited children, eradicate
child pornography from the Internet, and conduct
subject identification from video images in support of
law enforcement agencies.
--High Intensity Drug Trafficking Areas, a project to
develop information technology applications for these
areas.
--Kitsap County Medical Examiner's Office, a grant to
assist in the development of a new death investigation
module for the FBI's ViCAP system.
Bureau of Justice Statistics.--The Committee recommendation
provides $32,335,000 for the Bureau of Justice Statistics for
fiscal year 2002, which is the same as the request and
$3,643,000 above the current year appropriation. The Bureau of
Justice Statistics is responsible for the collection, analysis,
and publication of statistical information on crime, criminal
offenders, victims of crime, and the operations of the Nation's
justice systems.
The recommendation includes program increases of $1,500,000
to fund three statistical studies--traffic stops by police,
deaths in law enforcement custody, and victimization of the
disabled--and the conversion to automated data collection for
the National Crime Victimization Survey.
Missing Children.--The Committee recommendation provides
$22,997,000 for the Missing Children Program for fiscal year
2002, which is the same level as the request and the current
year appropriation. This program provides funds to combat
crimes against children, particularly kidnapping and sexual
exploitation.
Within amounts provided, OJP should continue to support the
National Center for Missing and Exploited Children and the
Jimmy Ryce Law Enforcement Training Center. The Committee also
directs OJP, working with the National Center for Missing and
Exploited Children, to report to the Committee by September 4,
2001, on how other existing technologies for locating missing
children can be integrated with the Center's activities.
The Committee is supportive of the Internet Crimes Against
Children Task Force Program, which assists State and local law
enforcement agencies to acquire the necessary knowledge,
equipment, and personnel resources to prevent, interdict, or
investigate child sexual exploitation on the Internet.
Regional Information Sharing System.--The Committee
recommendation provides $24,945,000 for fiscal year 2002 for
the Regional Information Sharing System (RISS), which is the
same as the amount provided in the current year appropriation
under this account and the full amount requested. The RISS
program provides funds to maintain six regionally-based
information sharing centers throughout the United States, which
are connected electronically to form a nationwide network to
allow for the automated exchange of information between law
enforcement entities addressing major, multi-jurisdictional
crimes.
White Collar Crime Information Center.--The Committee
recommends a total of $9,230,000 for the National White Collar
Crime Center for fiscal year 2002, which is equal to the
current year appropriation and therequest. This program
provides assistance to State and local law enforcement and regulatory
agencies in addressing multi-jurisdictional white collar crimes.
Counterterrorism Program.--The Committee recommends a total
of $220,494,000 for the counterterrorism program, which is the
same as the request and the current year appropriation. This
program prepares, equips, and trains State and local entities
to respond to incidents of chemical, biological, radiological,
and other incidents of domestic terrorism.
The Committee understands that OJP is currently collecting
State-wide Domestic Preparedness Strategic Plans, which will
provide a comprehensive picture of the equipment, training,
exercise and technical assistance needs for each State. The
Committee supports OJP's proposal to restructure the funding
streams of the Counterterrorism program to better address the
needs of the first responder community. The Committee
recommends the following distribution of funding:
COUNTERTERRORISM PROGRAM
[In thousands of dollars]
------------------------------------------------------------------------
2002
2001 enacted recommendation
------------------------------------------------------------------------
Equipment Grants:
State & Other Equipment Grant $104,171 $116,740
Program............................
State & Local Bomb Technician 4,989 10,000
Equipment Program..................
-------------------------------
Subtotal, Equipment Grants........ 109,160 126,740
===============================
Training and Technical Assistance:
Integrated Training & Technical .............. 35,485
Assistance Program.................
Law Enforcement Training Program.... 7,982 ..............
Nunn-Lugar-Domenici City Training 20,934 ..............
Program............................
Fort McClellan/Center for Domestic 15,466 17,716
Preparedness.......................
National Domestic Preparedness 17,960 13,969
Consortium.........................
Technical Assistance/Needs 1,996 ..............
Assessment.........................
Distance Learning Program/NTPI...... 2,993 ..............
State & Local Antiterrorism Training 998 ..............
Program............................
-------------------------------
Subtotal, Training and Technical 68,329 67,170
Assistance.......................
===============================
Exercise, Evaluation, & Improved
Response:
Situational Exercises............... 3,991 3,991
Nunn-Lugar-Domenici Improved .............. 2,600
Response Plans.....................
TOPOFF II........................... 2,993 2,993
-------------------------------
Subtotal, Exercise, Evaluation, & 6,984 9,584
Improved Response................
===============================
Counterterrorism Research and 36,021 17,000
Development Program....................
-------------------------------
Total, Counterterrorism Programs.. 220,494 220,494
------------------------------------------------------------------------
The Committee continues its direction, first included in
the fiscal year 2000 conference report, regarding the
distribution of general equipment grants only in accordance
with State-wide plans. The Committee understands that these
plans are currently being submitted to OJP. The Committee
expects that these equipment resources will be used to meet the
needs of the maximum number of communities possible, based on a
comprehensive needs assessment, which takes into account the
relative risk to a community, as well as the availability of
Federal, State, and local resources to address the problem.
The Committee recommends $17,000,000 for the National
Institute of Justice to resume its counterterrorism technology
development program, such as developing chemical detection and
personal protective technologies.
Management and Administration.--The Committee
recommendation provides $43,491,000 for the management and
administration of the Office of Justice Programs, excluding the
administration of Juvenile Justice programs, which are provided
within funds under the Juvenile Justice heading. This amount is
$694,000 above the request and $2,396,000 above the current
year appropriation. In addition, reimbursable funding will be
provided from the Community Oriented Policing Services and the
State and Local Law Enforcement Assistance Programs for the
administration of grants under these activities.
state and local law enforcement assistance
The Committee recommends a total of $2,519,575,000 for
fiscal year 2002 for State and Local Law Enforcement Assistance
programs. This amount is $501,849,000 above the request and
$323,085,000 below the current year appropriation. These funds
will provide assistance to State and local governments in their
drug control and crime fighting efforts as follows:
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
2002
2001 enacted 2002 request recommendation
----------------------------------------------------------------------------------------------------------------
Local Law Enforcement Block Grant............................... $521,849 $400,000 $521,849
(Boys and Girls Club)....................................... (60,000) .............. (60,000)
(Police Athletic League).................................... .............. .............. (6,000)
(National Institute of Justice)............................. (19,956) (19,956) (19,956)
State Criminal Alien Assistance Program......................... \1\ 399,120 265,000 565,000
State Prison Grants............................................. 684,990 .............. ..............
Cooperative Agreement Program................................... \2\ (34,923) 35,000 35,000
Indian Assistance............................................... .............. .............. 48,162
(Tribal Prison Construction Program)........................ \2\ (33,925) 35,191 (35,191)
(Indian Tribal Courts Program).............................. 7,982 7,982 (7,982)
(Alcohol and Substance Abuse)............................... 4,989 4,989 (4,989)
Byrne Grants:
Discretionary Grants........................................ 68,898 .............. 70,000
Formula Grants.............................................. 498,900 500,000 500,000
-----------------------------------------------
Total, Byrne Grants....................................... 567,798 500,000 570,000
Violence Against Women Grants................................... 288,043 390,565 390,565
Victims of Trafficking Grants................................... .............. .............. 10,000
State Prison Drug Treatment..................................... 62,861 73,861 73,861
Drug Courts..................................................... 49,890 50,000 50,000
Juvenile Crime Block Grant...................................... 249,450 249,450 249,450
(Project ChildSafe)......................................... .............. (38,000) (38,000)
Other Crime Control Programs:
Missing Alzheimer's Patients................................ 898 898 898
Law Enforcement Family Support.............................. 1,497 1,497 1,497
Motor Vehicle Theft Prevention.............................. 1,298 1,298 1,298
Senior Citizens Vs. Marketing Scams......................... 1,995 1,995 1,995
-----------------------------------------------
Total, State and Local Assistance......................... 2,842,660 2,017,726 2,519,575
----------------------------------------------------------------------------------------------------------------
\1\ An additional $164,637,000 was earmarked in the State Prison Grants program for SCAAP in fiscal year 2001,
for a total funding level of $563,757,000.
\2\ Funding was included under the State Prison Grants in fiscal year 2001.
Local Law Enforcement Block Grant.--The Committee
recommendation includes $521,849,000 for the Local Law
Enforcement Block Grant program, which is $121,849,000 above
the request and the same level as the current year
appropriation. This program provides grants to localities to
reduce crime and improve public safety. Of the amount included,
$19,956,000 will be provided to NIJ for assisting local units
of government to identify, select, develop, modernize, and
purchase new technologies for use by law enforcement. The
recommendation also includes language that allows $60,000,000
of these funds to be used for Boys and Girls Clubs and
$6,000,000 to be used for the National Police Athletic League.
State Criminal Alien Assistance Program.--The
recommendation provides $565,000,000 for the State Criminal
Alien Assistance Program (SCAAP) for the reimbursement to
States for the costs of incarceration of criminal aliens. This
amount is $300,000,000 above the request and $1,243,000 above
the total amount provided in fiscal year 2001.
Cooperative Agreement Program.--The recommendation provides
$35,000,000 to provide resources for the improvement of State
and local correctional facilities holding Federal prisoners.
This amount is the same as the request and $77,000 above fiscal
year 2001 appropriation.
Indian Assistance.--The Committee recommends $48,162,000 in
Indian assistance grants, of which $35,191,000 is for the
tribal prison construction program; $7,982,000 for Indian
tribal courts, and $4,989,000 for alcohol and substance abuse
grants. These amounts are the same as the request and
$1,266,000 above the current year appropriation.
Edward Byrne Grants to States.--The Committee
recommendation provides $570,000,000 for the Edward Byrne
Memorial State and Local Law Enforcement Assistance Program, of
which $70,000,000 is for discretionary grants and $500,000,000
is for formula grants under this program. The recommended level
is $70,000,000 above the level requested and $2,202,000 above
the amount provided in the current year. These grants help to
improve the functioning of the criminal justice system with an
emphasis on drugs, violent crime and serious offenders.
Within the amount provided for discretionary grants, the
Committee expects OJP to continue funding at the current level
for the following programs:
Drug Abuse Resistance Education (DARE)
program;
Search Group, Inc. and the National
Technical Assistance Program; and
National Crime Prevention Council's McGruff
campaign;
In addition, within the amounts appropriated for
discretionary grants, the Committee also expects OJP to examine
each of the following proposals, to provide grants if
warranted, and to submit a report to the Committee on its
intentions for each proposal:
The Women's Center, Vienna, VA;
DuPage County, IL Fire Investigation Task
Force, for arson investigations;
The Julian Dixon Courtroom and Advocacy
Center at the Southwestern University School of Law in
Los Angeles, CA;
Night Light Program in San Bernardino, CA;
San Joaquin Valley, CA Rural Agricultural
Crime Prevention Program;
Center for Court Innovation throughout New
York State, including Onondaga County and surrounding
areas;
Law Enforcement Innovation Center (LEIC),
TN;
Chattanooga Endeavors program;
New Mexico Technology to Recover Abducted
Kids (TRAK);
National Fatherhood Initiative;
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;
National Association of Town Watch's
National Night Out crime prevention program;
Prevent underage drinking demonstration
program;
BiasHELP of Long Island;
``Breaking the Cycle'' Program, for
Jacksonville, FL and Lane County, OR;
City of San Luis Obispo, CA, for a gang
prevention project;
NYPD criminal justice coordination project;
National Training and Information Center
(NTIC);
I-SAFE, for teaching children online safety;
Community Security Initiatives (CSI) of the
Local Initiatives Support Corporation;
Atlanta, GA, for a comprehensive homicide
reduction initiative;
Excelsior College in NY, for a distance
education degree program in criminal justice;
Men Against Destruction, Defending Against
Drugs and Social Disorder (MAD DADS) of Miami-Dade, FL;
Washington Metropolitan Area Drug
Enforcement Task Force (MATF);
Northwestern MA District Attorney's Office
special prosecution program, for crimes against seniors
and the disabled;
Expansion of law enforcement counseling
programs at the On-Site Academy in Gardner, MA;
Turtle Mountain Community College's
``Project Peacemaker'';
Doe Fund's Ready Willing and Able Program;
TELACU family-based gang violence prevention
program; and
Thin Blue Line of Michigan, for assistance
to law enforcement families in crisis.
Violence Against Women Act.--The Committee recommends
$390,565,000 to support grants under the Violence Against Women
Act (VAWA), which is the same level as the request and
$102,522,000 above the current year appropriation. Grants
provided under this recommendation are for the following
programs:
VIOLENCE AGAINST WOMEN ACT PROGRAMS
[In thousands of Dollars]
------------------------------------------------------------------------
2002
recommendation
------------------------------------------------------------------------
General Grants.......................................... $184,537
(National Institute of Justice)..................... (5,200)
(Safe Start Program)................................ (10,000)
(Domestic Violence Federal Case Processing Study)... (1,000)
(Research on Family Violence)....................... (5,000)
Victims of Child Abuse.................................. 15,269
(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
Study on the Effects of Parental Kidnapping............. 200
Domestic Violence Forensic Exams Study.................. 200
Education and Training for Disabled Female Victims...... 7,500
---------------
Total............................................. 390,565
------------------------------------------------------------------------
Funding included for Violence Against Women Act programs
will continue to provide resources to expand units of law
enforcement officers and prosecutors specifically targeted at
crimes against women, to develop and implement effective arrest
and prosecution policies to prevent, identify and respond to
violent crimes against women, and to provide much needed
victims services, including specialized domestic violence court
advocates to obtain protection orders.
Victims of Trafficking.--The Committee recommendation
includes $10,000,000 for victims service programs to provide
assistance to victims of trafficking, as authorized by the
Victims of Trafficking and ViolenceProtection Act of 2000. This
amount is $10,000,000 above the request and the current year
appropriation.
Substance Abuse Treatment for State Prisoners.--The
Committee recommends $73,861,000 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. This amount is the same as the request
and $11,000,000 above the current year appropriation.
The recommendation includes requested language expanding
the use of these grants to provide treatment for released State
prisoners. The Committee is concerned that expanding this
program to treat parolees will divert needed funding from State
prison treatment programs. Therefore, OJP may issue grants up
to 10 percent of the total program level for these expanded
purposes. In addition, these grants should only fund treatment
for individuals up to one year after they are released from a
State prison. OJP is directed to provide to the Committee, by
February 15, 2002, an assessment of the need for State prison
substance abuse treatment programs for both incarcerated and
released prisoners.
Drug Courts.--The recommendation includes $50,000,000 for
the Drug Courts grant program, the same as the request and
$110,000 above the current fiscal year. This program provides
grants to State, local, and Indian tribal governments to
develop dedicated drug courts that prescribe an integrated mix
of treatment, drug testing, incentives, and sanctions for non-
violent offenders.
Juvenile Accountability Incentive Block Grant.--The
Committee recognizes the importance of supporting efforts that
will continue to reduce juvenile crime. The recommendation
includes $249,450,000 for the Juvenile Accountability Incentive
Block Grant program, which is the same as the request and
current year appropriation. Language is included that allows
$38,000,000 of these funds to be used for Project ChildSafe, an
initiative that will ensure gun safety locks are available for
every handgun in America. An additional $37,000,000 is included
for Project ChildSafe under Juvenile Justice, for a total
funding level of $75,000,000.
Safe Return Program.--The Committee recommendation includes
$898,000 to continue the national program to locate missing
Alzheimer's disease patients, the same level as in fiscal year
2001 and the request.
Law Enforcement Family Support Programs.--The
recommendation includes $1,497,000 for programs that provide
support services to law enforcement officers and their
families, the same level in the current year appropriation and
the amount requested.
Motor Vehicle Theft Prevention.--The recommendation
provides $1,298,000 for grants to combat motor vehicle theft
through cooperative partnerships between car owners and State
and local law enforcement to reduce car theft committed by
professional auto thieves and to facilitate their recovery.
This amount is the same as the level provided in the current
fiscal year and the amount requested for this program.
Senior Citizens Against Marketing Scams.--The
recommendation includes $1,995,000, the same level as provided
in the current fiscal year and the full amount requested, for
programs to assist law enforcement in preventing and stopping
marketing scams against the elderly.
weed and seed program fund
The Committee recommends $58,925,000 for the Weed and Seed
Program. This amount is the same as the request and $25,000,000
above the current year appropriation.
The Weed and Seed program serves as a crime prevention
catalyst, coordinating existing anti-crime efforts in high-
crime neighborhoods and leveraging other resources for
activities such as truancy prevention, conflict resolution,
mentoring, gun abatement, justice innovations, jobs for at-risk
youth, and anti-gang initiatives.
The recommendation provides $25,000,000 in requested
program increases, including: $3,675,000 for 21 new Weed and
Seed sites; $3,825,000 to support special emphasis programs
such as gun law enforcement, anti-drug activities, and faith-
based initiatives; $2,000,000 to enhance data collection and
performance assessments; and $15,500,000 to replace the funding
received in prior years from the Assets Forfeiture Fund.
The Committee recommends bill language, included in
previous fiscal years, making funds available for grants or
agreements with State agencies or to reimburse Federal agencies
in order to execute the Weed and Seed strategy, and also allows
for the use of other Department of Justice funds to support the
Weed and Seed program.
Community Oriented Policing Services
The Committee recommendation includes $1,013,498,000 for
the Community Oriented Policing Services program (COPS) for
fiscal year 2002. This amount is $158,389,000 above the request
and $16,556,000 below the current year appropriation. In
addition, $46,000,000 in recoveries is available for use in the
universal hiring program, which brings the total funding
availability for the COPS program to $1,059,498,000. The
Committee recommends the following distribution of funding:
COMMUNITY ORIENTED POLICING SERVICES
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
2002
2001 enacted 2002 request recommendation
----------------------------------------------------------------------------------------------------------------
Public Safety and Community Policing:
COPS Hiring Program......................................... $408,323 $180,000 $330,000
(School Resource Officers).............................. (180,000) (180,000) (180,000)
Training and Technical Assistance........................... 20,731 20,662 20,662
Tribal Law Enforcement...................................... 34,923 31,315 31,315
Police Corps................................................ 29,435 14,435 14,435
Methamphetamine Enforcement and Clean-up.................... 48,393 48,393 48,393
Bulletproof Vests........................................... 25,444 25,444 25,444
School Violence............................................. 14,967 .............. ..............
-----------------------------------------------
Subtotal, Public Safety and Community Policing............ 582,216 320,249 470,249
===============================================
Crime-Fighting Technologies:
Law Enforcement Technology Program.......................... 139,692 .............. 150,000
COPS Information Technology Program......................... .............. 100,000 ..............
Crime Identification Technology Act......................... 129,714 150,404 103,611
(Safe Schools Technology)............................... (17,462) (17,000) (17,000)
(Criminal History Records).............................. (34,923) .............. ..............
(DNA Backlog/Crime Lab. Improvement).................... (29,934) .............. ..............
(Information Integration Projects)...................... (18,311) .............. ..............
National Criminal History Improvement....................... .............. 35,000 35,000
Crime Laboratory Improvement Program........................ .............. 35,000 35,000
DNA Backlog Elimination..................................... .............. 35,000 40,000
-----------------------------------------------
Subtotal, Crime-Fighting Technologies..................... 269,406 355,404 363,611
===============================================
Prosecution Assistance:
Community Prosecutors....................................... 24,945 .............. ..............
Gun Violence Prosecutors.................................... 74,835 .............. ..............
Southwest Border Prosecutors................................ .............. 50,000 50,000
Gun Violence Reduction Program.............................. .............. 49,780 49,780
-----------------------------------------------
Subtotal, Prosecution Assistance.......................... 99,780 99,780 99,780
===============================================
Community Crime Prevention:
Police Integrity............................................ 16,963 16,963 16,963
Offender Reentry............................................ 29,934 14,934 14,934
Project Sentry.............................................. .............. 14,967 14,967
-----------------------------------------------
Subtotal, Community Crime Prevention...................... 46,897 46,864 46,864
===============================================
Management and Administration................................... 31,755 32,812 32,994
===============================================
Total, Community Policing Services........................ 1,030,054 855,109 1,013,498
----------------------------------------------------------------------------------------------------------------
COPS Hiring Program.--The Committee recommends $330,000,000
for the COPS hiring program. This amount is $150,000,000 above
the request and $78,323,000 below the fiscal year 2001
appropriation. In addition, as of May 31, 2001, there is over
$46,000,000 available in recoveries for the universal hiring
program, which cannot be obligated until a reprogramming
notification is submitted. This provides a total funding
availability for the COPS Hiring Program of $376,000,000 in
fiscal year 2002.
The recommendation provides up to $180,000,000 for the
hiring of school resource officers--the same level as fiscal
year 2001 and the request. The Committee also recommends the
continuation of the COPS MORE program within the overall
funding levels of the hiring program.
The Committee remains concerned at the level of funds that
the COPS program recovers each year and does not understand how
such amounts can be deobligated in a program that pays
personnel compensation. The Committee prohibits the COPS
program from obligating any funds available from prior year
recoveries except through the normal reprogramming process.
Police Corps.--The Committee recommends $14,435,000 for the
Police Corps Program, which is the same as the request and
$15,000,000 below the fiscal year 2001 appropriation. The
Committee understands that the Police Corps programhas
sufficient unobligated balances available to allow the program to
maintain its activities in fiscal year 2002 at the current level.
Training and Technical Assistance.--The Committee
recommends $20,662,000 to provide training and technical
assistance for the advancement of community policing. Within
the overall amounts recommended, the Committee expects the COPS
office to examine each of the following proposals, to provide
grants if warranted, and to submit a report to the Committee on
its intentions for each proposal:
Virginia Community Policing Institute; and
Roger Williams University in Bristol, RI,
for a law enforcement professional training program
with the Justice System Research and Training
Institute.
Methamphetamine Enforcement and Clean-Up.--The Committee
recommends $48,393,000 in appropriations 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. This amount is the same as the request
and the fiscal year 2001 appropriation.
The Committee is aware that the production, trafficking,
and usage of methamphetamine, an extremely destructive and
addictive synthetic drug, is a growing national problem.
Despite some successes in the seizure of clandestine drug
laboratories, limited State and local law enforcement
resources, coupled with the complexity of clandestine
laboratory enforcement investigation and cleanup processes,
have made the fight against illicit methamphetamine
manufacturing a difficult one.
The Committee is 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 Committee directs the Department of Justice 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.
Within the amount provided, the Committee has included
$20,000,000 to be reimbursed to the Drug Enforcement
Administration for assistance to State and local law
enforcement for proper removal and disposal of hazardous
materials at clandestine methamphetamine labs.
In addition, within the amount provided, the Committee
expects OJP, in consultation with DEA, to examine each of the
following proposals, to provide grants if warranted, and to
submit a report to the Committee on its intentions for each
proposal:
California Department of Justice, Bureau of
Narcotic Enforcement, for the California
Methamphetamine Strategy (CALMS);
Sioux City, IA Regional Methamphetamine
Training Center, to provide training to officers from
eight states in over 80 classes;
Daviess County, KY, to combat
methamphetamine;
Methamphetamine Task Force in East
Tennessee, to fight the spread of meth labs in this
region;
Oklahoma State Bureau of Investigations and
Oklahoma Bureau of Narcotics and Dangerous Drug
Control, to assist their methamphetamine clean-up
operations;
Western Kentucky Methamphetamine Initiative;
Virginia State Police, to assist their
efforts in combating methamphetamine;
Washington State methamphetamine initiative
and law enforcement methamphetamine initiative,
including funding for Snohomish and King Counties and
the Northeastern Washington State Four County
Methamphetamine Task Force;
Marion County, OR, methamphetamine project;
Marathon and Douglas Counties, WI,
methamphetamine cleanup;
City of Phoenix, AZ, for methamphetamine
laboratory cleanup;
Minot State University, ND, rural
methamphetamine project; and
Jackson County, MS, Sheriff's office
methamphetamine initiative.
Law Enforcement Technology Program.--The Committee
recommendation provides $150,000,000 for continued development
of technologies and automated systems to assist State and local
law enforcement agencies in investigating, responding to and
preventing crime. In particular, the Committee recognizes the
importance of sharing criminal information and intelligence
among State and local law enforcement agencies to address
multi-jurisdictional crimes. The recommendation does not fund,
as requested, a new COPS Information Technology program.
Within the amount provided, the Committee expects the COPS
office to examine each of the following proposals, to provide
grants if warranted, and to submit a report to the Committee on
its intentions for each proposal:
Walker County Jail, AL, for police radio
system upgrade;
Powell Police Department, AL, for policing
equipment upgrades and technology enhancements;
Blountsville Police Department, AL, for an
integrated automated fingerprint information system;
Simulated Prison Environment Crisis Aversion
Tools (SPECAT);
Mooresville, NC, for a Silent Dispatch and
Automatic Vehicle Locator System;
Springfield, MO, for security equipment for
the Southside District Police Station;
Springfield, MO, Police Department, for in-
car video cameras;
Alabama law enforcement SmartCOP technology
initiative;
City of Escondido, CA, for communications
technology upgrades;
Miami-Dade County, FL, Public Schools, for
technology equipment for school policing activities;
Placer County, CA, for public safety
communications upgrades;
Citrus Heights, CA, for technological
improvements to centralize the police force;
City of Sierra Madre, CA, for law
enforcement equipment for the Emergency Operations
Center;
Arcadia Police Department, CA, for the
conversion to narrowband radios;
Northeast Wisconsin Technical College
Tactical Training Facility, Green Bay, WI, for
equipment;
Cache County, UT Sheriff's Department, for
law enforcement training simulators;
Aliquippa Police Department, PA, for police
equipment, training, and computer resources;
Joint Venture 9-1-1 Communications Center
(Tri-Com), IL, for law enforcement communications
equipment replacement;
Long Beach Police Department, CA, for
imaging technology;
Video teleconferencing grant program,
through INS, to provide local sheriff's offices the
ability to identify or arraign apprehended aliens;
Redlands, CA East Valley Community Justice
Center, to study and identify new technologies;
Inyo County, CA, for public safety radio
communications;
Arlington County, VA Police Department and
the New Jersey State Police, for Racial Profiling Self-
Assessment Software;
Jeffersontown Police Department, KY, for in-
car video systems;
Jefferson County, KY Domestic Violence Unit,
for the purchase of cameras to be used during
investigations;
Louisville, KY Division of Police, for in-
car video systems;
Sacramento, CA Sheriff's Department, for law
enforcement technology systems;
Regional Law Enforcement Technology Program
in KY;
City of Norfolk, VA Police Department, for
law enforcement technology equipment;
Sedgwick County, KS Sheriff's Department,
for integrated records management system;
Jefferson County, AL, for law enforcement
communication equipment upgrades;
Washington Parish, LA, for law enforcement
technology and automated systems;
Tangipahoa Parish, LA, for law enforcement
technology and automated systems;
Jefferson Parish, LA, including the cities
of Harahan, Kenner, and Gretna, for law enforcement
technology and automated systems;
St. Tammany Parish, LA Sheriff's Office, for
automated systems to assist investigations;
Orleans Parish, LA, for law enforcement
technology and automated systems;
Law Enforcement Online (LEO) Program;
Chattanooga, TN Police Department, for law
enforcement technology;
Oklahoma Department of Public Safety, for
in-car video cameras for the Highway Patrol;
Allen County, KY, for the law enforcement
component of an emergency systems upgrade;
Page County, VA, for law enforcement
equipment to consolidate 911 services;
Virginia State Police, for in-car video
cameras;
Center for Criminal Justice Technology;
Pinellas County, FL law enforcement
agencies, for facial recognition technology;
City of Thibodaux, LA Police Department, for
in-car video cameras and computers;
City of Mayaguez, PR, for municipal police
technology improvements;
City of Madison, WI, for laptop computers
and video monitoring units in patrol cars;
Las Vegas, NV Metropolitan Police
Department's Interagency Cyber Crime Task Force, for
technology improvements;
City of Tallahassee, FL, for a joint law
enforcement communications upgrade;
City of Baltimore, MD, for law enforcement
technology upgrades including laptop computers, cameras
and wiretap equipment;
Indianapolis, IN Police Department, for
technology enhancements including in-car cameras;
Territory of the Virgin Islands, for
technology equipment and upgrades;
Lane County/Springfield/Eugene, OR, for law
enforcement area information records system (AIRS);
City of Austin, TX, for police mobile data
computers;
City of Fresno, CA Police Department, for a
law enforcement communications system;
NYPD 47th Police Precinct, for equipping a
mobile command center;
East Palo Alto, CA Police Department, for
communications and computer equipment;
Marlboro Police Department in Monmouth
County, NJ, for video cameras in patrol cars;
Marion County, OR, for mobile probation
computers and radio equipment;
East Hazel Crest, IL SSMMA/Regional Law
Enforcement Technology Support Center, for
technological enhancements;
City of Pawtucket, RI Police Department, for
technology upgrades, including a digital radio system;
Town of Portsmouth, RI Police Department,
for technology upgrades including computing and
communications systems;
Galveston County, TX Sheriff's office, for
the Southeast Texas Region Law Enforcement Technology
Project, including data equipment and computers;
Palos Park Police Department, for law
enforcement equipment and new technology;
Southwest Major Case Unit, IL, for video
surveillance and related technology;
Village of Larchmont, NY Police Department,
for closed-circuit surveillance equipment;
Town of Mamaroneck, NY, for police
communications equipment;
Village of Mamaroneck, NY Police Department,
for an automated fingerprinting system;
City of New Fairfield, CT Police Department,
for technology improvements including laptop computers
for patrol cars;
Saint Paul, MN Police Department, for police
radios;
North Attleboro, MA, for technology upgrades
at the new police facility;
Facial recognition and data capture system
demonstration for 5 cities in Massachusetts;
Sacramento County, CA, for an integrated
justice system;
City of Jersey City, NJ, for radio system
upgrade and fixed radio network equipment;
Union City, NJ, for CAD and RMS Systems;
Solano County, CA Regional Law Enforcement
Training Center, for technology infrastructure;
Holyoke, MA Police Department, for
equipment;
City of San Francisco, CA, for a geographic
information crime mapping system;
Wake County, NC, for law enforcement
communications;
City of South Bend, IN, for video and audio
recording systems in squad cars;
Minneapolis, MN Police Department, for an
automated resources system;
Santa Ana, CA Police Department Crime
Analysis Unit, for equipment purchases;
City of Norfolk, VA Police Department, for a
computer aided dispatch system and video cameras;
Ventura County, CA, for an Integrated
Justice Information System;
White County, AR, for technology upgrades at
the county jail;
City of Abilene, TX, for purchase of
emergency response and public safety communications
equipment for law enforcement;
Charlevoix-Cheboygan-Emmett, MI Central
Dispatch Authority, for computer aided dispatch/records
management software;
Citrus County, FL, Emergency Operations and
Communications Center, for law enforcement technology
enhancements;
San Juan County Criminal Justice Training
Authority/City of Farmington, NM, for an automated
fingerprint identification system;
Project Hoosier SAFE-T, for communications
systems upgrades;
Griffith, IN Police Department, for in-car
video cameras;
Northwest IN Police Department, for an
automated fingerprint identification system;
City of Inglewood, CA Police Department, for
digital records management and equipment;
City of Gardena, CA, for technology
equipment for patrol cars;
Town of Mooresville, NC, for a digital
transmission system; and
Columbia County, OR, for law enforcement
communications.
Crime Identification Technology Act (CITA).--The Committee
recommendation includes $103,611,000 to be used and distributed
pursuant to the Crime Identification Technology Act of 1998,
Public Law 105-251. Under that Act, eligible uses of the funds
are (1) upgrading criminal history and criminal justice record
systems; (2) improvement of criminal justice identification
systems, including fingerprint-based systems; (3) promoting
compatibility and integration of national, State, and local
systems for criminal justice purposes, firearms eligibility
determinations, identification of sexual offenders,
identification of domestic violence offenders, and background
checks for other authorized purposes; (4) capturing information
for statistical and research purposes; (5) multijurisdictional,
multiagency communications systems; and (6) improvement of
capabilities of forensic sciences, including DNA.
Within the overall amounts recommended, the Committee
expects OJP to examine each of the following proposals, to
provide grants if warranted, and to submit a report to the
Committee on its intentions for each proposal:
Cyber Science Laboratory, for the
acquisition and development of new and advanced
investigative, analysis, and forensic tools for
Federal, State and local law enforcement;
Orange County, CA Strategic Integrated
Justice System, for the electronic linking of law
enforcement communities;
Illinois State Police, for the
implementation of an integrated records management
system;
Washington Association of Sheriffs and
Police Chiefs (WASPC), for the statewide jail booking,
reporting, and victim notification system;
WEBCHECK, the Ohio background check system,
for its integration into the FBI fingerprint system;
Virginia Department of Criminal Justice
Services, for the Integrated Criminal Justice
Information System;
Louisiana State Police, for Information and
Management Systems within the Emergency Operations
Center;
Buncomb County, NC, for conversion of the
City-County Bureau of Identification criminal arrest
records into an accessible electronic format;
Squad Car Unit Identification (SQUID)
program, for remote fingerprint identification programs
in Ontario and Rialto, CA; Redlands, CA; and
Minneapolis, MN;
Las Vegas, NV Metropolitan Police
Department, for the Metro Automated Identification
Network (MAIN) System;
Great Cities Universities Coalition, for
criminal justice data gathering and analysis;
San Diego, CA Police Department, for the
Criminal Records Management System (CRMS);
Wayne Area Justice Information System
(WAJIS), MI;
Hennepin County, MN, for an integrated
criminal database system; and
Mecklenberg County, NC, Criminal Justice
Information System (CJIS).
Crime Laboratory Improvement Program (CLIP).--The Committee
recommendation includes $35,000,000 for the crime laboratory
improvement program. This program supports State and local
government crime laboratories to develop or improve their
capability to analyze DNA in a forensic laboratory, as well as
other general forensic science capabilities.
Within the overall amounts recommended, the Committee
expects OJP to examine each of the following proposals, to
provide grants if warranted, and to submit a report to the
Committee on its intentions for each proposal:
National Forensic Systems Technology Center;
University of Connecticut for DNA research;
and
University of New Haven, CT for DNA
research.
DNA Backlog Elimination.--The Committee recommendation
includes $40,000,000 to reduce the DNA sample backlog. DNA
technology is widely recognized as key to both fighting crime
and preserving justice through the identification of the guilty
and exoneration of the innocent. The Committee is concerned
about the DNA backlog, especially with the need to increase the
capacity of State laboratories to process and analyze crime
scene DNA and to reduce the backlog of convicted offenders' DNA
samples. The recommendation is $5,000,000 above the request.
Southwest Border Prosecutions.--The Committee recommends
$50,000,000 to provide assistance to State and local
prosecutors located along the Southwest Border. This program
will provide financial assistance to Texas, New Mexico,
Arizona, and California for the State and local costs
associated with the handling and processing of drug and alien
cases referred from Federal arrests. This program was funded
through the U.S. Attorneys in fiscal year 2001.
Gun Violence Reduction Program.--The Committee recommends
$49,780,000 for a new program that will encourage States to
increase the prosecution of gun criminals. This program
encompasses a broad range of gun violence strategies, including
hiring and training of local prosecutors and implementing
publicawareness campaigns to advertise tough sentences for gun
crimes and foster community support.
Offender Reentry.--The Committee recommends $14,934,000 for
the law enforcement costs related to establishing offender
reentry programs. This amount is the same as the request and
$15,000,000 below the current year appropriation. Offender
reentry programs establish partnerships among institutional
corrections, community corrections, social services programs,
community policing, and community leaders to prepare for the
successful return of inmates to their home neighborhoods. The
amount recommended is provided to fund law enforcement
participation and coordination of offender reentry programs.
Project Sentry.--The Committee recommends $14,967,000 for
Project Sentry. This program will create a new Federal and
State partnership establishing safe schools task forces across
the country that will prosecute and supervise juveniles who
violate Federal and State firearms laws and adults who
illegally furnish firearms to them. An additional $5,033,000 is
provided for this initiative through the Juvenile Justice
programs, for a total funding level of $20,000,000.
Juvenile Justice Programs
The Committee recommendation provides a total of
$297,940,000 for Juvenile Justice Programs for fiscal year
2002, the same amount as the request and as provided in the
current fiscal year. The Committee understands that addressing
juvenile violence requires a combination of strategies that
involve (1) focusing law enforcement on dangerous, violent
youths and making sure the punishment fits the crime; (2)
community intervention to help solve the underlying problems of
first-time offenders; (3) quality prevention programs that are
designed to reduce risks and develop competencies in at-risk
juveniles; and (4) programs that hold juveniles accountable for
their actions, including systems of graduated sanctions, victim
restitution and community service. The recommendation provides
funding for the following programs:
1. $6,832,000 for the Office of Juvenile Justice and
Delinquency Prevention (OJJDP) (Part A), of which $200,000 is
for the coordination of Federal efforts.
2. $88,804,000 for Formula Grants for assistance to State
and local programs (Part B).
3. $50,139,000 for Discretionary Grants for National
Programs and Special Emphasis Programs (Part C). Within the
amounts provided for Part C discretionary grants, the Committee
expects OJJDP to continue current year funding for Parents
Anonymous, Inc.
In addition, the Committee is aware of a number of
encouraging programs to develop partnerships with local
communities and help prevent the cycle of abuse and
delinquency. Within the overall amounts recommended for Part C,
OJJDP is directed to review the following proposals, provide a
grant if warranted, and submit a report to the Committee on its
intentions regarding:
University of South Alabama for youth
violence prevention research;
ARISE Foundation for at-risk youth;
Youth Crime Watch of America;
Teens, Crime and Community program;
National Council of Juvenile and Family
Courts, which provides continuing legal education in
family and juvenile law;
University of Montana for the Pathways to
Discovery Project, a community based after-school
program for at-risk youth;
Prevent Child Abuse America for the programs
of the National Family Support Roundtable;
Family, Career and Community Leaders of
America (FCCLA) ``Stop the Violence'' program;
Detroit, MI Rescue Mission Ministries for
its at-risk youth program;
New Mexico State University for the After
School Services Pilot Program for at-risk youth;
Law related education for continued support;
Wichita State University for a juvenile
justice program;
Hamilton Fish National Institute on School
and Community Violence;
Westside Gang Prevention Demonstration
Program in Syracuse, NY;
Loudoun County, VA School Probation Program;
Anti-gambling public service media campaign
grants for in-school educational networks;
Pinellas County, FL, for the ABOUT FACE
program;
Oregon Museum of Science and Industry for
the Science for At-Risk Youth program;
Greater Philadelphia, PA and Camden, NJ, for
The Rock School at-risk youth program;
Jacksonville, FL collaborative partnership
for the Truancy Interdiction Program;
Roxbury Family, MA, YMCA for enhanced at-
risk youth programs;
West End House in Allston-Brighton, MA;
South Carolina Law Enforcement Truancy
Initiative;
Bronx, NY Neighborhood Enhancement Training
and Services (NETS), Inc. for the center for at-risk
youth;
Chicago, IL CeaseFire Project for Violence
Prevention;
Wayne County, MI Juvenile Justice Program
for prevention activities and services;
Clackamas County, OR, for juvenile detention
programs;
The Good Knight Child Empowerment Network's
Million Knight Campaign for youth violence prevention;
Port Chester, NY, Public Schools at risk
youth program;
Suffolk University Law School Juvenile
Justice Center;
Wausau, WI alternative juvenile offender
program;
Phoenix, AZ to expand Operation Quality
Time;
Para Los Ninos collaborative program with
the LA County Probation Department, schools and
community agencies;
Project Juvenile Assistance Diversion Effort
(JADE) in Los Angeles, for a juvenile delinquency
prevention program;
L.A.'s BEST youth program;
Glendale, CA, YMCA for ``Your House''
shelter and case management program for at-risk youth;
West Farms Center, for at-risk youth
assistance;
Greater Heights Program, for high-risk youth
mentoring;
Bronx Youth Conservation Corps ``Save a
Generation'' work and study program;
Sports Foundation, Inc. (SFI), for a focused
mentoring program; and
``No Workshops . . . No Jump Shots'' project
for case management, counseling and mandatory workshops
for at risk youth.
4. $11,974,000 to expand the Youth Gangs (Part D) program,
which provides grants to public and private nonprofit
organizations to prevent and reduce the participation of at-
risk youth in the activities of gangs that commit crimes.
5. $9,978,000 for Discretionary Grants for State Challenge
Activities (Part E) to increase the amount of a State's formula
grant by up to 10 percent, if that State agrees to undertake
some or all of the ten challenge activities designed to improve
various aspects of a State's juvenile justice and delinquency
prevention program.
6. $15,965,000 for the Juvenile Mentoring Program (Part G)
to reduce juvenile delinquency, improve academic performance,
and reduce the drop-out rate among at-risk youth by bringing
young people in high crime areas together with law enforcement
officers and other responsible adults who are willing to serve
as long-term mentors.
7. $94,791,000 for the At-Risk Children's Program (Title
V). Under Title V juvenile justice programs, the At-Risk
Children's Program provides funding to support comprehensive
delinquency prevention plans formulated at the community level.
The program targets truancy and school violence; gangs, guns,
and drugs; and other influences that lead juveniles to
delinquency and criminality.
Safe Schools Initiative.--The Committee recommends
$14,967,000 within Title V grants for the Safe Schools
Initiative. Within this amount, $5,033,000 is provided for
Project Sentry. This program will create a new Federal and
State partnership establishing safe schools task forces across
the country that will prosecute and supervise juveniles who
violate Federal and State firearms laws and adults who
illegally furnish firearms to them. An additional $14,967,000
is provided for this initiative through the COPS program, for a
total funding level of $20,000,000.
In addition, $2,000,000 of the recommended level shall be
used for purposes authorized in the Secure Our Schools Act
(Public Law 106-386), such as metal detectors, locks, lighting
and other deterrent measures; security assessments; security
training of personnel and students; and coordination with local
law enforcement.
Within the overall amounts recommended for the Safe Schools
Initiative, OJJDP is directed to review the following
proposals, provide grants if warranted, and submit a report to
the Committee on its intentions regarding:
``I Have a Dream'' Foundation for at-risk
youth;
Home Run Program; and
North Eastern Massachusetts Law Enforcement
Council for the School Threat Assessment and Response
System (STARS).
Tribal Youth Program.--The Committee recommends $12,472,000
within the Title V grants for programs to reduce, control, and
prevent crime both by and against tribal and Native youth.
Project ChildSafe.--The Committee recommends $37,000,000
for Project ChildSafe, an initiative that will ensure gun
safety locks are available for every handgun in America. An
additional $38,000,000 is included for Project ChildSafe in the
COPS program, for a total funding level of $75,000,000.
The Committee supports the use of gun safety locks and
encourages the distribution of safety locks to handgun owners.
However, the Committee is concerned with reports that some of
these safety locks have failed or do not work on certain
handguns. The Committee understands that the Department of
Justice is reviewing the availability of national standards for
gun safety locks. The Department of Justice is directed to work
with the National Institute of Standards and Technology to
develop national standards. Funds recommended for Project
ChildSafe may be used to offset the cost of this effort. Until
such national standards are established, 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 Committee directs the Department of Justice to submit a
report by December 17, 2001, that (1) reports on the status of
the development of 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.
Victims of Child Abuse Act.--The Committee recommends a
total of $8,481,000 for the various programs authorized under
the Victims of Child Abuse Act (VOCA). The recommendation is
the same as the request and the current level. The following
programs are included in the recommendation to improve
investigations and prosecutions:
$1,247,000 to Regional Children's Advocacy
Centers, as authorized by section 213 of VOCA;
$4,989,000 to establish local Children's
Advocacy Centers, as authorized by section 214 of VOCA;
$1,497,000 for a continuation grant to the
National Center for Prosecution of Child Abuse for
specialized technical assistance and training programs
to improve the prosecution of child abuse cases, as
authorized by section 214a of VOCA; and
$748,000 for a continuation grant to the
National Children's Alliance for technical assistance
and training, as authorized by section 214a of VOCA.
Public Safety Officers Benefits
The Committee recommendation provides a total of
$33,224,000 for death benefits to public safety officers for
fiscal year 2002, the full amount requested and the same amount
provided in the current year appropriation. This program, which
is considered mandatory for scorekeeping purposes, provides a
lump sum death benefit payment to eligible survivors of
Federal, State, and local public safety officers whose death
was the direct and proximate result of traumatic injury
sustained in the line of duty.
The Committee recommendation also includes $2,395,000 for
disability benefits for fiscal year 2002, the full amount
requested and the same amount provided in the current year
appropriation. This discretionary program provides disability
benefits for Federal State, and local public safety officers
who are permanently disabled as the result of a catastrophic
injury sustained in the line of duty.
No additional funding is required for the Public Safety
Officers Educational Assistance Program for FY 2002. The
Department of Justice indicates that the anticipated carryover
balances, which are currently projected to be over $2,000,000,
can cover requests for assistance under this program. This
program provides payments for educational purposes to the
children and spouses of Federal, State, and local public safety
officers killed or disabled in the line of duty.
General Provisions--Department of Justice
The Committee has included the following general provisions
for the Department of Justice in this bill:
Section 101 provides language, included in previous
Appropriations Acts, which makes up to $45,000 of the funds
appropriated to the Department of Justice available for
reception and representation expenses.
Section 102 provides language, included in previous
appropriations Acts, which continues certain authorities for
the Justice Department in fiscal year 2002 that were contained
in the Department of Justice Appropriation Authorization Act,
Fiscal Year 1980.
Section 103 provides language, included in Appropriations
Acts for the last five years and prior to 1994, which prohibits
the use of funds to perform abortions in the Federal Prison
System.
Section 104 provides language, included in previous
Appropriations Acts, which prohibits use of the funds in this
bill to require any person to perform, or facilitate the
performance of, an abortion.
Section 105 provides language, included in previous
Appropriations Acts, which states that nothing in the previous
section removes the obligation of the Director of the Bureau of
Prisons to provide escort services to female inmates who seek
to obtain abortions outside a Federal facility.
Section 106 provides language, included in previous
Appropriations Acts, which allows the Department of Justice to
spend up to $10,000,000 for rewards for information regarding
criminal acts and acts of terrorism against a United States
person or property at levels not to exceed $2,000,000 per
award.
Section 107 provides language, similar to language included
in previous Appropriations Acts, which allows the Department of
Justice, subject to the Committee's reprogramming procedures,
to transfer up to 5 percent between any appropriation, but
limits to 10 percent the amount that can be transferred into
any one appropriation.
Section 108 provides language, included in previous
Appropriations Acts, allowing certain funds to be available for
technical assistance from funds provided under the Juvenile
Justice Delinquency Prevention Act of 1974, as amended.
Section 109 provides language, modified from the request,
that authorizes the collection of certain immigration
inspections fees, and increases the amount of other immigration
fees already collected.
TITLE II--DEPARTMENT OF COMMERCE AND RELATED AGENCIES
The Committee recommends a total of $5,192,191,000 for the
programs of the United States Trade Representative, the
International Trade Commission and the Department of Commerce
for fiscal year 2002. This amount is $21,186,000 above the
total request. Compared to the current fiscal year, this amount
is $38,019,000 below the total provided. Of the total amount
provided, $4,745,191,000 is derived from general purpose
discretionary funds and $440,000,000 is derived from the
conservation category. The remaining $7,000,000 provided is
scored as mandatory spending.
The Committee has continued a structure initiated in fiscal
year 1996 under this Title, which reflects the fundamental
functions that will need to be considered as the overall
administrative structure of these programs is examined. This
reflects the Committee's effort to identify and prioritize
programs within these agencies and Departments.
TRADE AND INFRASTRUCTURE DEVELOPMENT
The Committee has included under this section of Title II
the Office of the U.S. Trade Representative, the International
Trade Commission, and the Department of Commerce agencies
responsible for trade promotion, enforcement, and economic
infrastructure development.
RELATED AGENCIES
Office of the United States Trade Representative
salaries and expenses
The Committee recommends an appropriation of $30,097,000
for the Office of the United States Trade Representative (USTR)
for fiscal year 2002. The recommendation is $645,000 above the
amount appropriated for fiscal year 2001, and the same as the
request.
The Committee notes the importance of the Office of the
United States Trade Representative at a time when several
bilateral and multilateral negotiations could significantly
affect the future course of U.S. trade.
The Office of the United States Trade Representative is
responsible for developing and coordinating U.S. international
trade, commodity, and direct investment policy, and for leading
or directing negotiations with other countries on such matters.
International Trade Commission
salaries and expenses
The Committee recommends an appropriation of $51,440,000
for the International Trade Commission for fiscal year 2002,
the same amount as in the request and $3,446,000 above fiscal
year 2001.
The International Trade Commission is an independent,
quasi-judicial agency responsible for conducting trade-related
investigations; providing the Congressand the President with
independent, expert technical advice to assist in the development and
implementation of U.S. international trade policy; responding to the
Congress and the President on various matters affecting international
trade; maintaining the Harmonized Commodity Description and Coding
System of internationally accepted product nomenclature; providing
technical assistance to eligible small businesses seeking remedies and
benefits under the trade laws; and performing other specific statutory
responsibilities ranging from research and analysis to quasi-judicial
functions on trade-related matters.
DEPARTMENT OF COMMERCE
International Trade Administration
operations and administration
The Committee recommends $347,654,000 in total resources
for the programs of the International Trade Administration
(ITA) for fiscal year 2002, $15,064,000 above the amount
requested and $10,952,000 above the current year appropriation.
Of this amount, $344,654,000 is derived from direct
appropriations and $3,000,000 from fee collections, which is
the same amount of fees instituted in fiscal year 2001.
The Committee recommendation includes adjustments to base
for all operating units of the International Trade
Administration, including the U.S. and Foreign Commercial
Service (US&FCS), to provide adequate resources to fund
increased security costs for overseas posts. The Committee
recommendation provides the same level of support for the
operational units as in the current year, including the
restoration of congressionally identified priorities.
The following table reflects the distribution of the
Committee recommendation by subactivity:
[In thousands of dollars]
------------------------------------------------------------------------
ITA Request Recommended
------------------------------------------------------------------------
Trade Development....................... $52,792 $66,919
Market Access Compliance................ 27,687 27,741
Import Administration................... 43,245 43,346
US & FCS................................ 195,600 196,791
Under Secretary/Administration.......... 13,266 12,857
Offsetting Fee Collections.............. (3,000) (3,000)
-------------------------------
Total, ITA........................ 329,590 344,654
------------------------------------------------------------------------
Trade Development.--The recommendation provides a total of
$66,919,000 for this component, an increase of $14,127,000
above the request and $2,172,000 above the current year. The
Committee recommendation provides full adjustments to base for
fiscal year 2002 to maintain program levels comparable to
fiscal year 2001. Funding is restored for two export promotion
programs related to textiles and apparel, the export database,
the international competitiveness program, and $500,000 for
travel industry statistics.
Market Access Compliance.--The Committee recommends
$27,741,000 for Market Access Compliance, $54,000 above the
request and $2,186,000 above the current year. This funding
level provides the full costs of maintaining the new trade
compliance and enforcement personnel and the strike force teams
as provided in fiscal year 2001.
Import Administration.--The Committee recommends
$43,346,000 for the Import Administration, $2,701,000 above the
current year and $101,000 above the request. The recommendation
provides the full costs of maintaining the new positions
provided in fiscal year 2001 for overseas compliance and
enforcement and import surge monitoring.
U.S. and Foreign Commercial Service (US&FCS).--The
Committee recommends $196,791,000 for the US&FCS, an increase
of $2,967,000 above the request and $2,153,000 above the amount
available in fiscal year 2001. This represents full base
funding, including increased costs for payments under the
International Cooperative Administrative Support Services
(ICASS) system and for increased costs for local guard security
services overseas. The Committee has provided an additional
$1,000,000 to continue the Rural Export Initiative. The US&FCS
should continue and expand its Global Diversity Initiative to
support minority-owned businesses in underserved areas,
including inner-city urban areas, empowerment zones and
enterprise communities, and Indian reservations. This
initiative should continue to include support for companies
that are export-ready and hoping to enter into and/or expand
international operations.
Executive Direction/Administration.--The Committee
recommends $12,857,000 for the administrative and policy
functions of ITA. This amount is $151,000 above the current
year and $289,000 below the request.
Language is included in the bill, as has been carried since
fiscal year 1999, designating the amounts available for each
unit within ITA. The Committee reminds ITA that any changes
from the funding distribution provided in the bill and report,
including carryover balances, are subject to the standard
reprogramming procedures set forth in section 605 of this Act.
ITA shall submit to the Committee, not later than November 15,
2001, a spending plan for all ITA units that incorporates any
carryover of funds.
Trade Missions.--The Committee continues the direction
provided last year that all trade missions involving Department
of Commerce agencies must be initiated, coordinated, and
administered through ITA.
Buying Power Maintenance.--The Committee directs ITA to
report on the impact of exchange rate fluctuations on ITA's
budget on a quarterly basis, beginning with the last quarter of
fiscal year 2001. That report should indicate what has been
done with exchange rate gains, which the Committee presumes are
being reserved to balance future exchange rate losses.
Trade Show Revenues.--The Committee directs ITA to submit a
report by the date of the fiscal year 2003 budget submission on
the amount of trade show revenues that are collected on an
annual basis, how those revenues are used, and how they are
reflected in the budget.
The recommendation deletes language, as proposed, relating
to teletype equipment.
Export Administration
OPERATIONS AND ADMINISTRATION
The Committee recommends an appropriation of $68,893,000
for the Operations and Administration appropriation of the
Bureau of Export Administration (BXA), $4,182,000 above the
current year level and the same amount as provided in the
request. Of the total amount available, the recommendation
provides the following:
Export Administration.--$31,755,000 is provided for export
administration activities, the same amount as in the request
and $427,000 above the amount in the current year. The
recommendation includes $750,000 to continue Chemical Weapons
Convention implementation, and $496,000 for an additional four
export licensing personnel, as requested.
Export Enforcement.--$26,438,000 is provided for export
enforcement activities, which is $1,405,000 above the amount
provided in the current year, to pay for continuing operations,
including enforcement of dual-use export controls for reasons
of national security and counterterrorism, to maximize legal
export opportunities while ensuring illegal exports will be
prevented.
Critical Infrastructure Assurance Office (CIAO).--
$4,928,000 is provided for the activities of the CIAO, which is
$61,000 above the current year. The CIAO was created by
Presidential Decision Directive 63 (PDD-63) as an interim
agency to facilitate coordination and integration among Federal
agencies as those agencies develop and implement their own
critical infrastructure protection and awareness plans. The
Committee remains concerned that this office may be duplicative
of other offices throughout the Federal government. The
Committee directs the Department of Commerce to report to the
committee on the continued requirements of this office before
September 1, 2001.
Management and Policy Coordination.--$5,772,000 is provided
for Management and Policy Coordination, the amount requested
and $1,721,000 above the current year. The recommendation
includes a requested increase of $1,600,000 for the completion
of the development of the Export Control Automated Support
System (ECASS). The Committee notes that the primary
responsibility for non-proliferation activities lies with the
Department of Defense, the Department of Energy and the
Department of State, and believes that BXA participation in
such activities should be carried out using funds provided from
those agencies.
Economic Development Administration
The accompanying bill provides a total of $365,557,000,
which is equal to the amount requested and $73,354,000 below
the current year, for the programs and administrative expenses
of the Economic Development Administration (EDA) for fiscal
year 2002, as described below:
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS
A total of $335,000,000 is recommended for fiscal year 2002
for Economic Development Assistance Programs, $75,973,000 below
the current year and the same as the request. The
recommendation reflects the Committee's continued support for
the traditional programs of the EDA that provide needed
assistance to communities struggling with long-term economic
downturns as well as sudden and severe economic downturns. The
Committee has retained the funding structure enacted in
previous years to support all communities facing economic
hardship.
The Committee notes that EDA was reauthorized in 1999
(Public Law 105-393) through fiscal year 2003. That
authorization locks into place the work that this Committee,
the Transportation and Infrastructure Committee and EDA have
done to reform EDA programs to ensure that funds provided under
this account are targeted to the most severely distressed
areas, which, absent the assistance provided by the EDA, would
have little or no access to resources for critical
infrastructure development and capacity building. This puts the
program on firm ground to carry out its purpose to provide the
``seed capital'' to distressed areas to allow local communities
to increase their ability to create new economic opportunities
and jobs in accordance with local priorities.
Of the amounts provided, $250,000,000 is for Public Works
and Economic Development, $40,900,000 is for Economic
Adjustment Assistance, $24,000,000 is for planning, $9,100,000
is for technical assistance, including university centers,
$10,500,000 is for trade adjustment assistance, and $500,000 is
for research. The Committee expects EDA to continue its efforts
to assist communities impacted by economic dislocations related
to coal industry downswings and timber industry downturns due
to environmental concerns at no less than the current level of
effort.
The Committee notes that the authorization for the Trade
Adjustment Assistance program expires at the end of the current
fiscal year.
The Committee continues its directive for EDA to
discontinue the use of single purpose grant loans.
salaries and expenses
The Committee recommends $30,557,000 for the salaries and
expenses of the Economic Development Administration. The amount
provided is the same amount as requested and $2,619,000 above
the amount provided in the current year.
The Committee has retained language in the bill that
provides the authority to use this appropriation to monitor
projects approved under Title I of the Public Works Employment
Act of 1976, Title II of the Trade Act of 1974, and the
Community Emergency Drought Relief Act of 1977.
Minority Business Development Agency
minority business development
The Committee recommends $28,381,000 for the Minority
Business Development Agency (MBDA) for fiscal year 2002. This
amount is the same amount as in the request and $1,127,000
above the amount provided in the current year. The Committee
recommendation includes $750,000 for the expansion of the
Phoenix Database, as requested. The Committee recommendation
assumes that the Entrepreneurial Technology Apprenticeship
Program (ETAP) will continue to be supported at its current
levels.
ECONOMIC AND INFORMATION INFRASTRUCTURE
The Committee has included under this section of the bill
the Department of Commerce agencies responsible for the
nation's basic economic and technical information
infrastructure, as well as the administrative functions which
oversee the development of telecommunications and information
policy.
Economic and Statistical Analysis
salaries and expenses
The bill provides $62,515,000 for the economic and
statistical analysis programs of the Department of Commerce,
including the Bureau of Economic Analysis, for fiscal year
2002. This amount is the same as the request and $8,888,000
above the current year. The request and recommendation include
increases of $3,000,000 to continue to improve core statistics
including the Gross Domestic Product, $3,500,000 to update the
information technology systems of the Bureau, and $2,380,000
for increased costs of operations.
The Economic and Statistics Administration (ESA) is
responsible for the collection, tabulation and publication of a
wide variety of economic, demographic and social statistics and
provides support to the Secretary of Commerce and other
Government officials in interpreting the state of the economy
and developing economic policy. The Bureau of Economic Analysis
and the Under Secretary for Economic Affairs are funded in this
account.
Bureau of the Census
The Committee recommends a total appropriation of
$519,800,000 for the Bureau of the Census for fiscal year 2002.
This represents an increase of $87,121,000 above the current
fiscal year direct appropriation, but is $201,030,000 below the
total fiscal year 2001 program level, which included
$300,000,000 in carryover funding, and is $23,596,000 below the
total amount requested in the President's budget. In addition,
$25,000,000 will be available from anticipated deobligations,
resulting in a total fiscal year 2002 spending level of
$544,800,000.
salaries and expenses
The Committee recommends $169,424,000 for the salaries and
expenses of the Bureau of the Census for fiscal year 2002,
$863,000 above the request and $12,543,000 above the current
year level. The Committee continues to believe that the Bureau
must continue to streamline and prioritize its programs to
ensure that the highest priority core activities are supported.
The Committee also expects the Bureau to be fully reimbursed
for any non-core survey requested by any other Federal agency
or private organization.
This appropriation provides for the current statistical
programs of the Bureau of the Census, which includes the
measurement of the nation's economy, including exports, and the
demographic characteristics of the population. These programs
are intended to provide a broad base of economic, demographic,
and social information used for decision-making by governments,
private organizations, and individuals.
periodic censuses and programs
The Committee recommends a total spending level of
$375,376,000 for all periodic censuses and related programs
funded under this heading in fiscal year 2002, a decrease of
$201,030,000 below the comparable fiscal year 2001 level, and
$541,000 above the level requested. Of the total amount
provided, $25,000,000 is from anticipated deobligations of
contracts from the 2000 decennial census resulting in a total
of $350,376,000 for fiscal year 2002.
Decennial Census Programs.--The recommendation provides
full costs requested in the budget for the decennial census
programs, including $139,238,000 for the costs of 2000
decennial census in fiscal year 2002, of which $25,000,000 is
from deobligations from prior year contracts relating to the
2000 decennial census. The following represents the
distribution of funds provided for 2000 Census activities:
Program Development and Management...................... $8,606,000
Data Content and Products............................... 68,330,000
Field Data Collection and Support....................... 9,455,000
Automated Data Processing and Telecommunications Support 24,462,000
Testing and Evaluation.................................. 22,844,000
Puerto Rico, Virgin Islands and Pacific Areas........... 3,105,000
Marketing, Communications and Partnerships.............. 2,436,000
Deobligations........................................... (25,000,000)
--------------------------------------------------------
____________________________________________________
Total, 2000 Decennial Census...................... 114,238,000
The Committee directs the Bureau to continue to provide the
Committee with monthly reports of the obligation of funds
against each framework.
In addition, the recommendation provides the full request
for the planning, design, and implementation of the long-form
transitional database for the 2010 decennial census, including
the American Community Survey (ACS). Bill language is included
designating funding for the 2010 decennial census. The
following represents the distribution of funds provided for the
2010 Census:
Re-engineered Design Process............................ $21,000,000
Long-Form Transitional Database......................... 29,000,000
Master Address File/Topologically Integrated Geographic
Encoding and Referencing database (MAF/TIGER)....... 15,000,000
--------------------------------------------------------
____________________________________________________
Total, 2010 Decennial Census...................... 65,000,000
Other Periodic Programs.--In addition, the Committee
recommends $171,138,000 for other periodic censuses and
programs, an increase of $25,630,000 above the current year and
$541,000 above the request. The following table represents the
distribution of funds provided for other non-decennial periodic
census and related programs:
Economic Censuses....................................... $51,958,000
Census of Governments................................... 5,745,000
Intercensal Demographic Estimates....................... 6,048,000
Continuous Measurement.................................. 27,131,000
Demographic Survey Sample Redesign...................... 12,583,000
Electronic Information Collection (CASIC)............... 6,254,000
Geographic Support...................................... 37,624,000
Data Processing Systems................................. 23,795,000
--------------------------------------------------------
____________________________________________________
Total............................................. 171,138,000
Suitland Facility Requirements.--The Committee
recommendation includes language relating to the Suitland
Federal Center. The Committee continues to direct the Census
Bureau to work with the General Services Administration
regarding the Suitland Facility.
The Committee recommends bill language, similar to language
included in the fiscal year 2001 Appropriations Act, which
provides separate appropriations for decennial and non-
decennial programs and designates specific amounts for each
decennial census framework. The Committee notes that in the
recommendation the continuous measurement line combined with
funding under the 2010 Decennial heading equals the full
request for the ACS.
This appropriations account provides for decennial and
quinquennial censuses, and other programs that are cyclical in
nature. Additionally, individual surveys are conducted for
other Federal agencies on a reimbursable basis.
National Telecommunications and Information Administration
The Committee recommends a total of $72,017,000 for the
National Telecommunications and Information Administration
(NTIA) for fiscal year 2002. This amount is $28,199,000 below
the current year appropriation and $1,006,000 below the budget
request.
salaries and expenses
The Committee recommends $13,048,000 for the Salaries and
Expenses appropriation of the NTIA, which is $1,636,000 above
the current year for the radio spectrum measurement system and
$1,006,000 below the request. The recommendation does not
include the full funding for base in the request due to the
number of vacancies remaining unfilled in the current fiscal
year. Therefore, the personnel costs associated with these
positions should be used to offset costsof the new measurement
system. The Committee recommendation assumes an additional $22,055,000
will be available to the NTIA through reimbursements from other
agencies for the costs of providing spectrum management, analysis and
research services to those agencies, reflecting implementation of a
policy of 80% reimbursement for such services that began in fiscal year
1999.
public telecommunications facilities, planning and construction
The Committee recommends $43,466,000 for planning and
construction grants for public television, radio, and non-
broadcast facilities, an increase of $62,000 above the current
year and the same amount as in the request. This amount will
allow the continuation of the existing equipment and facilities
replacement program.
Language carried in previous years has been included in the
bill which: (1) provides authority to use a portion of funds
under this heading for program administration as authorized by
law; and (2) permits prior year unobligated balances to be
available for grants for projects for which applications have
been submitted and approved during any fiscal year.
information infrastructure grants
The Committee recommends $15,503,000 for the Information
Infrastructure Grants program under NTIA for demonstrations of
new telecommunications technology applications. The
recommendation is the same as the request and $29,897,000 below
the current year funding level.
The Committee recommendation reflects the fact that the
universal service requirements of the Telecommunications Act of
1996 (Public Law 104-104) will provide significant new
opportunities for bringing the information superhighway to
schools and libraries, which were not previously envisioned
when this program was created. It is the Committee's
expectation that this action will reduce the burden on the
National Information Infrastructure (NII) program. The
Committee notes some overlap between this program and
technology programs under the Department of Justice, Community
Oriented Policing Services, with respect to grants for public
safety.
The Committee continues bill language making funds provided
under this heading available for program administration and
related program support activities at the fiscal year 2001
level. The bill also includes language carried in previous
Appropriations Acts which will allow up to five percent of this
appropriation to be available for telecommunications research
activities directly related to the development of the NII.
United States Patent and Trademark Office
salaries and expenses
The bill provides a total funding level of $1,129,001,000
for the Patent and Trademark Office (PTO) in fiscal year 2002,
which is $91,993,000 above the current year level and
$10,000,000 below the request. In addition to $846,701,000 in
direct appropriations, $10,000,000 is available from
anticipated unobligated balances from the current year, for a
total spending level of $1,139,001,000 for fiscal year 2002.
The Committee remains concerned that the Patent and
Trademark Office is unable to meet the demands of the
increasing number of patent applications. The Committee is
concerned that, with the increased funding the Office has
received in the past, there is no measurable increase in
performance. Every agency must set performance measures and
strive to meet them. If these goals are not met, then the
agency must be able to answer the questions from Congress and
their customers as to why it was unable to meet its goals. The
PTO and the patent user community have continually criticized
the Congress and the Administration for not allowing full
access to their fees in the year they are received, yet PTO has
been unsuccessful in proving that increased funding will
decrease the amount of time it takes an applicant to receive a
patent. PTO bases its budget submission on anticipated fee
income, which is derived from an estimation of its anticipated
workload. However, there is no indication that the existing
level of fees was developed based on any direct relationship to
the actual costs of doing business. Therefore, the Committee
directs the United States Patent and Trademark Office, in
consultation with the Department of Commerce, to develop a
requirements-based budget structure. This revised budget
structure proposal should include the number of actual
trademark examiners required to perform the examinations, the
number of examiners the PTO would be able to hire and train
during the fiscal year, the number of patent applications to be
processed while maintaining accuracy, and a timeline and
incremental budget plan for technological requirements to
assist the processing of applications. This proposal is to be
submitted to the House Appropriations Committee by September
30, 2001. In addition, the PTO is directed to provide to the
Committee quarterly reports of obligations in the above-
mentioned format beginning with the last quarter of fiscal year
2001. Further, the Committee directs the PTO to submit the
fiscal year 2003 budget submission in the above-mentioned
format.
The Committee commends the Patent and Trademark Office on
its efforts to afford its employees the opportunity to
telework.
The recommendation does not include requested language
regarding representation funds. The recommendation does include
other requested technical changes.
Within the amounts available to the PTO in fiscal year
2002, the Committee expects that not less than $3,000,000 will
be provided to expand PTO's relationship with the National
Inventor's Hall of Fame and Inventure Place, and not less than
$1,000,000 will be provided to the International Intellectual
Property Institute to promote sustainable development in
developing countries and to protect business interests by
assisting in the establishment of intellectual property legal
frameworks.
The Patent and Trademark Office is charged with
administering the patent and trademark laws of the United
States. PTO examines patent applications, grants patent
protection for qualified inventions, and disseminates
technological information disclosed in patents. PTO also
examines trademark applications and provides Federal
registration to owners of qualified trademarks.
SCIENCE AND TECHNOLOGY
The Committee has included under this section of Title II
the Department of Commerce agencies responsible for scientific
and technological research and programs.
Technology Administration
office of the under secretary/office of technology policy
salaries and expenses
The Committee recommends $8,094,000 for the Technology
Administration's Office of the Under Secretary/Office of
Technology Policy. This amount is $32,000 above the current
year and $144,000 below the request. The Committee
recommendation does not provide the full amount requested due
to a number of positions remaining unfilled during fiscal year
2001. The Committee continues the direction included since
fiscal year 1998 regarding the use of Technology Administration
and Department of Commerce resources to support foreign policy
initiatives and programs.
National Institute of Standards and Technology
The Committee recommends a total of $488,996,000 for the
appropriations accounts under the National Institute of
Standards and Technology (NIST) for fiscal year 2002. The
recommendation is $1,549,000 above the budget request for pay
increases and $108,020,000 below the current year level due to
two one-time only projects and the discontinuation of the
Advanced Technology Program. A description of each account and
the Committee recommendation follows:
scientific and technical research and services
The Committee has provided $348,589,000 for the Scientific
and Technical Research and Services (core programs)
appropriation of the National Institute of Standards and
Technology. This amount is $36,660,000 above the amount
provided in fiscal year 2001 and $1,301,000 above the request.
It should be noted that the budget request includes a transfer
of $20,000,000 and 154 positions from the Industrial Technology
Services account to maintain the same level of research efforts
as in the current year for NIST core research, despite the
discontinuation of new funding for the Advanced Technology
Program.
The Committee notes that, in an era of declining budgets,
the core programs of NIST have enjoyed significant support,
receiving continued program increases. Overall funding for
these programs has grown from $240,000,000 in fiscal year 1995
to $311,929,000 in fiscal year 2001. The Committee understands
the importance of the research done by this agency, and
recommends funding to maintain the current level of operations.
In addition, the Committee, by September 15, 2001, expects NIST
to review NOAA's minority serving institutions program and
report back to the Committee on NIST's plan to implement a
similar program.
The following is a breakdown of the amounts provided under
this account by activity.
[In thousands of dollars]
------------------------------------------------------------------------
FY02
NIST STRS FY02 request recommendation
------------------------------------------------------------------------
Electronics and Electrical.............. $41,132 $41,286
Manufacturing........................... 20,352 20,428
Chemical................................ 38,712 38,857
Physics................................. 37,054 37,193
Materials............................... 62,532 62,766
Building and Fire....................... 15,982 16,042
Computer Science and Applied Mathematies 59,478 59,698
Technology Assistance................... 17,679 17,745
Baldridge............................... 5,403 5,423
Research Support........................ 43,972 37,651
National Institute for Infrastructure 4,992 11,500
Protection.............................
-------------------------------
Total, STRS....................... 347,288 348,589
------------------------------------------------------------------------
Within the amounts provided for the Critical Infrastructure
Protection Grants program, $6,500,000 is for the George Mason
University School of Law and James Madison University to
establish a critical infrastructure program to conduct research
on critical infrastructure protection.
Within the Research Support program, $2,400,000 is for a
grant to the Software Productivity Consortium to demonstrate
technologically the effectiveness of telework.
Further, the Committee continues the directive included in
previous years regarding the placement of additional NIST
personnel or support for Foreign Service nationals overseas.
INDUSTRIAL TECHNOLOGY SERVICES
The Committee recommends $119,514,000 for the Industrial
Technology Services appropriation of the National Institute of
Standards and Technology. This amount is $130,771,000 below the
current year appropriation and $248,000 above the request.
Manufacturing Extension Partnership Program.--The Committee
has included $106,522,000 for the Manufacturing Extension
Partnership (MEP) Program, $248,000 above the request for pay
increases and $1,616,000 above the current year. This
recommendation includes the expectation that funding is
provided for the existing centers and not for new initiatives.
Advanced Technology Program.--The Committee recommendation
includes $12,992,000 to fully fund prior year commitments of
the Advanced Technology Program. The President's budget
proposes to discontinue funding for new grants in fiscal year
2002. The fiscal year 2000 and 2001 House appropriation bills
did not include funding for this program and recommended that
the ATP program be terminated.
The advocates for the ATP program have always had to answer
a number of fundamental questions, such as whether the program
achieves results that could not be achieved through the private
marketplace; whether it funded technology development and
commercialization that would not be undertaken but for the
existence of the program; and whether the Federal government
should play a role in picking technologies to be developed and
then funding that development at substantial government
expense.
After many years in existence, the program has not produced
a body of evidence to overcome those fundamental questions
about whether the program should exist in the first place.
CONSTRUCTION OF RESEARCH FACILITIES
The Committee recommendation includes $20,893,000 for
construction, renovation, and maintenance of NIST facilities.
The recommendation is the same as the amount in the request and
$13,909,000 below the current year due to non-recurring
projects.
This account supports all NIST activities by providing the
facilities necessary to carry out the NIST mission. The
Institute has proposed a multiyear effort torenovate NIST's
current buildings and laboratory facilities in compliance with more
stringent science and engineering program requirements.
National Oceanic and Atmospheric Administration
The Committee recommends a total of $3,092,728,000 in new
budget authority, of which $7,000,000 is mandatory spending,
for the six appropriation items of the National Oceanic and
Atmospheric Administration (NOAA) and transfers totaling
$71,000,000. This amount is an increase of $29,128,000 over the
President's request, and an increase of $51,939,000 over the
current year. The amount provided includes a total of
$440,000,000 for programs in the conservation spending
category.
For the fiscal year 2002 budget, the House and Senate
Appropriations staff along with NOAA managers have realigned
the NOAA budget structure. Funding is provided to maintain NOAA
core operations, including the National Weather Service,
mapping and charting, satellite operations, fishery management
programs, atmospheric research and ocean conservation programs.
Funding for new initiatives was provided at a lower level than
requested, but most core programs were provided at least the
requested level.
operations, research, and facilities
(including transfers of funds)
The bill includes $2,200,298,000 in new budget authority
for the coastal, fisheries, marine, weather, environmental,
satellite, and other programs funded in this appropriation.
This amount is an increase of $19,989,000 above the fiscal year
2002 request. Of this amount, $304,000,000 is provided under
the conservation account.
In addition to the new budget authority provided for the
NOAA ORF account, the Committee recommends a transfer of
$68,000,000 from balances in the account entitled, ``Promote
and Develop Fishery Products and Research Pertaining to
American Fisheries.'' The total amount provided also includes
prior year deobligations totaling $17,000,000, and $3,000,000
from collections from the Coastal Zone Management Fund, the
same amount proposed in the budget. The bill also includes
language to allow NOAA to retain gifts and contributions made
under the Marine Sanctuary Program. The Committee expects NOAA
to fully utilize the authorities provided for this program.
Language is also included in the bill specifying the total
amount of direct obligations available for each of the six NOAA
line offices and other related activities funded through this
account. The Committee has taken this action to provide greater
clarity and accountability in budgeting and management for the
diverse activities funded in this account. In addition, the
bill also modifies language from the fiscal year 2001 Act
regarding the practice of assessing NOAA line organizations,
programs, projects, and activities, to support NOAA and line
office overhead and programs over and above the amounts
specifically provided. The Committee reminds NOAA that
administrative charges levied against certain activities
assigned in the bill are limited to no more than five percent.
Language carried in prior years regarding funding and personnel
in Executive Direction and Administration has been
discontinued, as proposed. In addition, language is continued
from prior years regarding the use of deobligations in excess
of amounts estimated in the budget.
Further, the Committee expects NOAA to follow the direction
given in this section of the report as well as the sections
addressing the Committee's reprogramming requirements.
This year, the Committee and NOAA have worked together to
prepare a new budget structure to realign resources within the
National Marine Fisheries Service and the Office of Atmospheric
Research line office, and realigns funding for data acquisition
(ship time) components under the Program Support account. In
addition, there is a reallocation from the President's request
of $10,750,000 from NESDIS, under the Procurement Acquisition,
and Construction account to NESDIS, under the Operations,
Research, and Facilities account.
The following revised and extended table compares the
Committee recommendation to the President's request for the
activities, sub-activities, and projects funded in this
appropriation. The table has been expanded from prior years to
provide greater clarity. Report language is provided for
Committee direction or to provide additional information.
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION OPERATIONS, RESEARCH,
AND FACILITIES FISCAL YEAR 2002
[In thousands of dollars]
------------------------------------------------------------------------
FY 2002
President's FY 2002 House
request recommendation
------------------------------------------------------------------------
NATIONAL OCEAN SERVICE
Navigation Services:
Mapping & Charting:
Base............................ 37,016 37,183
Electronic Navigational Charts.. 3,554 1,777
Shoreline Mapping............... 1,000 1,500
Coastal Storms.................. 1,000 500
Joint Hydrographic Center....... 2,580 2,580
Address Survey Backlog/Contracts.... 20,450 24,985
-------------------------------
Subtotal, Mapping & Charting...... 65,600 68,525
===============================
Geodesy:
Base............................ 20,550 20,612
National Spacial Reference 500 0
System.........................
Height Modernization Study--NGS 250 250
Implementation.................
Height Modernization Study--NC.. 1,000 1,000
Height Modernization Study--CA 1,000 1,000
Spatial Ref. Center............
SC Geodetic Survey.............. 500 0
-------------------------------
Subtotal, Geodesy............. 23,800 22,862
===============================
Tide & Current Data................. 17,250 19,295
===============================
Total, Navigation Services........ 106,650 110,682
===============================
Ocean Resources Conservation &
Management--Estuarine and Coastal
Assessment:
Ocean Assessment Program:
Base............................ 13,608 13,721
Coastal Storms.................. 1,000 0
Beaufort/Oxford................. 3,500 2,917
Ocean Assessment Program--
Conservation:
Pfiesteria and HAB Rapid 3,925 3,925
Response.......................
South Florida Ecosystem......... 900 900
Coastal Services Center......... 18,900 18,900
JASON........................... 2,500 2,500
Coral Reef Program.............. 14,000 14,000
Harmful Algal Blooms............ 5,000 5,000
CICEET.......................... 5,800 4,800
Lake Pontchartrain.............. 0 1,500
CREST........................... 0 500
CI-CORE......................... 0 2,000
National Coral Reef Institute-- 1,000 1,000
HI.............................
National Coral Reef Institute-- 500 500
FL.............................
National Coral Reef Institute-- 500 500
P.R............................
National Fish and Wildlife 1,000 1,500
Foundation.....................
-------------------------------
Subtotal, Ocean Assessment 54,025 57,525
Program--Conservation........
===============================
Total, Ocean Assessment Program... 72,133 74,163
===============================
Response and Restoration:
Base............................ 2,000 2,078
Estuarine and Coastal Assessment 3,568 3,000
Damage Assessment Program....... 5,200 5,200
Oil Pollution Act of 1990....... 1,000 1,000
Coastal Protection and 1,000 1,000
Restoration Project............
Spill Response and Restoration 2,000 2,000
Program........................
Estuary Restoration Act......... 2,000 0
Aquatic Resources Environmental 0 8,000
Initiative.....................
-------------------------------
Subtotal, Response and 16,768 22,278
Restoration..................
===============================
Ocean and Coastal Research:
Base............................ 6,000 6,020
Fish Forensics/Enforcement...... 1,300 1,247
MERHL........................... 1,500 1,277
Pfiesteria/Toxins Research...... 1,000 1,000
-------------------------------
Subtotal, Ocean and Coastal 9,800 9,544
Research.....................
===============================
Subtotal, Estuarine and 98,701 105,985
Coastal Assessment...........
===============================
Coastal Ocean Program:
Base............................ 12,890 11,497
ECOHAB.......................... 4,200 4,300
Hypoxia......................... 0 1,100
South Florida Ecosystem......... 1,300 1,300
-------------------------------
Subtotal, Coastal Ocean 18,390 18,197
Program......................
-------------------------------
Total, Ocean Resources 117,091 124,182
Conservation & Assessment....
===============================
Coastal Management:
Coastal Zone Management Grants.. 68,963 68,963
Program Administration.......... 6,382 6,382
National Estuarine Research 16,400 16,400
Reserve System.................
Nonpoint Pollution 10,000 10,000
Implementation Grants..........
Marine Protected Areas.......... 3,000 3,000
-------------------------------
Subtotal, Coastal Management-- 104,745 104,745
Conservation.................
===============================
Marine Sanctuary Program:
Base............................ 34,000 33,500
Sanctuaries SSE Data Collection. 2,000 2,000
Northwest Straits Citizens 0 500
Advisory Commission............
-------------------------------
Subtotal, Marine Sanctuary 36,000 36,000
Program--Conservation........
===============================
Total, National Ocean Service-- 194,770 198,270
Conservation.................
Total, National Ocean Service. 364,486 375,609
===============================
NATIONAL MARINE FISHERIES SERVICE
Fisheries Research and Management
Services:
Science and Technology:
Base, including information 86,614 86,930
analysis and discrimination....
AKFIN........................... 3,000 3,000
Alaska Groundfish Monitoring-- 2,087 2,087
Base...........................
Alaska Groundfish Monitoring-- 150 150
Bering Sea Fishermen...........
Alaska Groundfish Monitoring-- 850 850
Crab Research..................
Alaska Groundfish Monitoring-- 175 175
Gulf of Alaska Coastal
Communities....................
Alaska Groundfish Monitoring-- 300 300
NMFS Field Fishery Monitoring..
Alaska Groundfish Monitoring-- 350 350
NMFS Rockfish Research.........
Alaska Groundfish Monitoring-- 238 238
Rockfish Research/Crab.........
Alaska Groundfish Monitoring-- 1,000 0
State of AK crab, scallop
license limitation.............
Alaska Groundfish Monitoring-- 1,000 500
Winter Pollock Survey..........
Alaska Groundfish Surveys--Base. 661 661
Alaska Groundfish Surveys-- 239 0
Calibration Studies............
Alaska--Steller Sea Lion/Pollock 2,000 1,250
Research--N. Pacific Council...
Alaska--Steller Sea lions 2,000 2,000
Predator Prey Relationships....
Alaska--Bering Sea Pollock 945 945
Research.......................
Alaska--Chinook Salmon Research 300 150
at Auke Bay....................
Alaska--North Pacific and Bering 6,000 3,000
Sea--Ocean Climate Impacts.....
Alaska--Magnuson Stevens 4,350 4,350
Implementation.................
American Fisheries Act--Base.... 3,526 3,526
Aquaculture..................... 1,000 250
Atlantic Herring and Mackerel... 200 200
Bluefin Tuna Tagging............ 600 600
Bluefish/Striped Bass--Base..... 1,500 1,550
Computer Hardware and Software.. 4,000 4,000
Cooperative Research--National 3,000 2,500
Cooperative Research...........
Cooperative Research--Southeast. 3,000 3,000
Cooperative Research--Northeast. 5,000 5,000
Cooperative Research--Northeast 5,000 0
Consortium.....................
Cooperative Research 3,500 0
Implementation--NMFS...........
Cooperative Research and Marine 200 0
Education--NEC.................
Driftnet Act Implementation-- 1,800 1,800
Base...........................
Driftnet Act Implementation-- 150 150
Pacific Rim Fisheries..........
Driftnet Act Implementation-- 250 250
Science Observer Russian EEZ...
Driftnet Act Implementation-- 200 0
State Participaton AK/WA.......
Expand Stock Assessments-- 15,000 3,000
Improve Data Collection........
NMFS Facilities Maintenance..... 4,400 4,200
Fish Statistics--Base........... 13,902 13,902
Fish Statistics--Atlantic 1,500 1,500
Coastal Cooperative Statistics
Program........................
Fish Statistics--Economics and 3,365 1,996
Social Sciences Research.......
Fish Statistics--National 8,000 2,350
Fisheries Information System...
Fish Statistics--National 1,000 500
Standard 8.....................
Fisheries Development Program-- 8,685 8,685
Product Quality and Safety/
Seafood Inspection.............
Fisheries Oceanography.......... 1,500 0
Great South Bay Hard Clams...... 0 500
GULFFIN Data Collection Effort.. 3,500 3,500
Gulf of Maine Groundfish Survey. 567 567
Gulf of Mexico Consortium....... 1,500 2,500
Gulf and South Atlantic 0 500
Fisheries......................
Hawaii Stock Management Plan.... 500 500
JIMAR........................... 2,250 2,250
Lobster Sampling................ 150 0
MARFIN--Base.................... 2,500 2,500
MARFIN--NE Activities........... 250 250
MARFIN--Red Snapper............. 750 750
MarMap.......................... 850 850
New England Stock Depletion..... 1,000 1,000
Observers/Training--Atlantic 3,350 3,350
Coast Observers................
Observers/Training--East Coast 350 350
Observers......................
Observers/Training--HI Longline 1,200 1,200
Observer Program...............
Observers/Training--N. Pacific 1,875 1,875
Marine Resources Observers.....
Observers/Training--N. Pacific 425 425
Observer Program...............
Observers/Training--West Coast 2,275 3,275
Observers......................
Observers/Training--NMFS 4,000 1,000
National Program...............
Ocean Coastal and Waterway/ 1,000 0
Pascagoula.....................
PACFIN Catch Effort Data........ 3,000 3,000
Pacific Highly Migratory Species 1,000 500
Research.......................
RECFIN--Recreational Fishery 3,700 3,700
Harvest Monitoring.............
Red Snapper Monitoring and 7,500 7,500
Research.......................
Reduce Fishing Impacts on 1,000 500
Essential Fish Habitat.........
SEAMAP.......................... 1,400 1,400
Shrimp Pathogens................ 300 150
South Carolina Taxonomic Center. 350 350
Swordfish Research.............. 400 400
West Coast Groundfish........... 5,070 5,370
-------------------------------
Subtotal, Science and 254,549 215,907
Technology...................
===============================
Conservation and Management:
Base............................ 7,775 7,775
Alaska Near Shore Fisheries..... 500 500
Alaska/Bering Sea Crab.......... 500 500
Alaska--Magnuson Stevens 2,050 2,050
Implementation.................
Alaska--Yukon River Chinook 1,000 1,000
Salmon--Base...................
Alaska--Yukon River Chinook 500 0
Salmon--Y.R. Drainage Fisheries
Asso...........................
Alaska--American Fisheries Act.. 500 0
Alaska--North Pacific Council-- 500 0
American Fisheries Act.........
American Fisheries Act--Base.... 2,174 2,174
Anadromous Grants............... 2,100 2,100
Columbia River Hatcheries-- 11,457 11,457
Operations.....................
Columbia River Hatcheries-- 1,700 1,700
Monitor, Evaluation and Reform.
Fisheries Management Programs... 31,257 31,257
Halibut/Sablefish............... 1,200 1,200
Interjurisdictional Fisheries 2,590 2,590
Grants.........................
International Fisheries 400 400
Commissions....................
Interstate Fish Commissions--3 750 750
Commissions....................
Interstate Fish Commissions-- 7,250 7,250
Atlantic Cooperative Management
Management of George's Bank..... 478 478
NMFS NEPA....................... 8,000 8,000
Pacific Salmon Treaty--NMFS 5,612 5,612
Research Base..................
Pacific Salmon Treaty--NMFS 1,844 1,844
Research Chinook Salmon
Agreement......................
Refine Essential Fish Habitat 1,500 1,500
Designations...................
Regional Councils............... 15,650 14,150
-------------------------------
Subtotal, Conservation and 107,287 104,287
Management...................
===============================
Total, Fisheries Research and 361,836 320,194
Management Services..........
===============================
Protected Resources Research and
Management Services:
Science and Technology:
Base............................ 11,984 12,037
Alaska Sea Life Center--Steller 3,000 0
Sea Lion Recovery..............
Alaska Steller Sea Lion Recovery 22,000 20,030
Plan--Base.....................
Alaska Steller Sea Lion Recovery 800 0
Plan--N. Pacific Univ MM
Consortium.....................
Alaska Steller Sea Lion Recovery 1,000 0
Plan--Univ of AK Gulf Apex
Predator.......................
Atlantic Salmon Research........ 710 710
Antarctic Research.............. 1,500 1,500
Columbia River--Endangered 299 299
Species Studies................
Dolphin Encirclement............ 3,300 3,300
Dolphin Yellowfin Tuna Research. 250 250
Protected Species--Conservation:
Endangered Species Act--Atlantic 3,000 1,295
Salmon.........................
Marine Mammals................ 4,500 4,500
Other Species................. 2,700 2,700
Pacific Salmon Recovery....... 17,450 17,450
Right Whale Activities........ 3,100 3,100
Right Whale Activities NE 2,900 2,900
Consortium.....................
Sea Turtles................... 6,338 6,338
Steller Sea Lions............. 850 850
Habitat Conservation............ 4,598 4,598
Hawaiian Monk Seals............. 800 850
Hawaiian Sea Turtles............ 300 300
Hawaiian Sea Turtle research and 3,000 3,000
data collection................
Marine Mammal Protection--Base.. 2,641 2,641
Marine Mammal Protection--AK 900 900
Harbor Seal Research...........
Habitat Conservation............ 1,761 1,761
Marine Mammal Protection--Base.. 4,584 4,584
Marine Mammal Strandings........ 4,000 4,000
Protected Species Management-- 5,276 5,276
Base...........................
Protected Species Management-- 750 750
Bottlenose Dolphin Research....
Rancho Nuevo Sea Turtles........ 350 350
-------------------------------
Subtotal, Protected Species-- 69,798 68,143
Conservation.................
-------------------------------
Subtotal, Protected Resources. 114,641 106,269
===============================
Conservation and Management
Services:
Base............................ 4,988 5,135
Atlantic Salmon Recovery Plan... 450 450
Chinook Salmon Management....... 150 150
Endangered Species Act--Atlantic 500 500
Salmon.........................
Endangered Species Act--Pacific 20,500 20,500
Salmon Recovery................
Endangered Species Act--Right 1,000 1,000
Whale Activities...............
Native Marine Mammals--Alaska 400 0
Eskimo Whaling Commission......
Native Marine Mammals--Alaska 150 0
Harbour Seals..................
Native Marine Mammals--Aleut 125 125
Pacific Marine Resources
Observers......................
Native Marine Mammals--Beluga 225 225
Whale Committee................
Native Marine Mammals--Bristol 50 0
Bay Native Association.........
Protected Species Management-- 3,234 3,234
Base...........................
Protected Species Management-- 750 750
California Sea Lions...........
Protected Species Management-- 1,000 1,000
NFWF Species Management........
Protected Species Management-- 1,500 1,000
State of Maine Salmon Recovery.
Southestern Sea Turtles......... 300 300
State of Maine Recovery Plan.... 150 150
Steller Sea Lion Recovery--State 2,500 711
of AK Work.....................
-------------------------------
Subtotal, Conservation and 37,972 35,230
Management Services..........
-------------------------------
Subtotal, Protected Resources. 152,613 141,499
===============================
Habitat Conservation:
Sustainable Habitat Management:
Base............................ 2,000 2,038
Charleston Bump................. 300 300
Chesapeake Bay Multi-Species 500 500
Management.....................
Chesapeake Bay Oyster 850 2,000
Restoration....................
Chesapeake Bay Studies.......... 2,000 2,500
Coral Reef...................... 11,000 11,000
Habitat Conservation............ 2,960 2,960
Alaska--Magnuson Stevens 850 350
Implementation.................
-------------------------------
Subtotal, Sustainable Habitat 20,460 21,648
Management...................
===============================
Fisheries Habitat Restoration:
Base............................ 1,316 1,324
Bronx River Recovery and 0 500
Restoration....................
Fisheries Habitat Restoration-- 10,000 10,000
Base...........................
Fisheries Habitat Restoration-- 1,000 1,000
Bronx River....................
Fisheries Habitat Restoration-- 1,000 1,500
Pinellas County................
Habitat Conservation............ 1,116 1,116
-------------------------------
Subtotal, Fisheries Habitat 14,432 15,440
Restoration..................
-------------------------------
Subtotal Habitat Conservation-- 34,892 37,088
Conservation.................
===============================
Enforcement and Surveillance:
NMFS Enforcement:
Driftnet Act Implementation/Base 1,375 1,375
Enforcement and Surveillance-- 22,420 22,465
Base...........................
Enforcement and Surveillance-- 2,500 2,500
Coop agreements w/States.......
Enforcement and Surveillance-- 7,400 2,000
Vessel Monitoring System.......
-------------------------------
Subtotal, NMFS Enforcement.... 33,695 28,340
Cooperative Enforcement with States..... 15,000 15,000
-------------------------------
Subtotal, Enforcement and 48,695 43,340
Surveillance.................
===============================
Total, National Marine 104,690 105,231
Fisheries Service--
Conservation.................
Total, National Marine 598,036 542,441
Fisheries Service............
===============================
OCEAN AND ATMOSPHERIC RESEARCH
Climate Research:
Laboratories & Joint Institutes:
Aeronomy Laboratory............. 8,089 8,111
Atlantic Oceanographic and 5,676 5,691
Meteorological Laboratory......
Air Resources Laboratory........ 3,438 3,447
Climate Diagnostic Center....... 2,548 2,555
Climate Monitoring and 5,937 5,952
Diagnostic Laboratory..........
Environmental Technology 242 243
Laboratory.....................
Forecast Systems Laboratory..... 156 156
Geophysical Fluid Dynamics 14,191 14,229
Laboratory.....................
Pacific Marine Environmental 8,344 8,523
Laboratory.....................
Space Environmental Center...... 235 236
-------------------------------
Subtotal, Laboratories & Joint 48,856 49,143
Institutions.................
===============================
Climate & Global Change Program:
Climate and Global Change (Base, 67,854 69,875
competitive grants)............
Variability beyond ENSO......... 1,000 1,000
Climate Forcing Agents.......... 1,000 1,000
Accelerating Climate Models-- 2,750 2,750
International Research
Institute......................
-------------------------------
Subtotal, Climate & Global 72,604 74,625
Change Program...............
===============================
Climate Observations & Services:
Climate Reference Network....... 3,000 3,000
Climate Data & Info............. 1,000 1,000
Baseline Observatories.......... 2,000 2,000
Ocean Observations/Ocean Systems 4.352 3.852
Argo Floats..................... 7,950 7,950
Regional Assessments, Education 1,850 1,850
and Outreach...................
Climate Change Assessments...... 650 650
Weather-Climate Connection...... 900 900
Carbon Cycle Monitoring......... 2,300 2,300
-------------------------------
Subtotal, Climate Observations 24,002 23,502
& Services...................
===============================
Partnership Programs:
Institute for Study of Earth, 2,000 0
Ocean & Space (CCRC)...........
International Pacific Research 500 0
Center (U of HI)...............
Central CA Ozone Study.......... 0 250
-------------------------------
Subtotal, Partnership Programs 2,500 250
===============================
Total, Climate Research....... 147,962 147,520
===============================
Weather & Air Quality Research:
Laboratories & Joint Institutes:
Aeronomy Laboratory............. 2,048 2,054
Atlantic Oceanographic and 3,910 3,921
Meteorological Laboratory......
Air Resources Laboratory........ 2,072 2,077
Climate Monitoring and 166 166
Diagnostic Laboratory..........
Environmental Technology 6,845 6,864
Laboratory.....................
Forecast Systems Laboratory..... 10,617 10,646
Geophysical Fluid Dynamics 3,069 3,077
Laboratory.....................
National Severe Storms 7,531 7,552
Laboratory.....................
Pacific Marine Environmental 263 264
Laboratory.....................
Space Environmental Center...... 7,222 7,242
-------------------------------
Subtotal, Laboratories & Joint 43,743 43,863
Institutes...................
===============================
U.S. Weather Research Program:
U.S. Weather Research Program 3,731 3,000
Base (USWRP)...................
Space-Based Wind Profile Lidar 1,000 0
Technology.....................
-------------------------------
Subtotal, U.S. Weather 4,731 3,000
Research Program.............
-------------------------------
Total, Weather & Air Quality 48,474 46,863
Research.....................
===============================
Ocean, Coastal, and Great Lakes
Research:
Laboratories & Joint Institutes:
Atlantic Oceanographic and 2,720 2,720
Meteorological Laboratory......
Coral Reef Watch--Conservation 499 499
Category.......................
Environmental Technology 445 445
Laboratory.....................
Great Lakes Environmental 8,232 8,232
Research Laboratory............
Pacific Marine Environmental 7,389 7,389
Laboratory.....................
-------------------------------
Subtotal, Laboratories & Joint 19,285 19,285
Institutes...................
===============================
National Sea Grant College Program:
National Sea Grant College 56,400 56,410
Program Base (Base)............
Aquatic Nuisance Species/Zebra 3,000 3,000
Mussel Research................
Gulf of Mexico Oyster Initiative 1,000 1,000
Oyster Disease Research......... 2,000 2,000
-------------------------------
Subtotal, National Sea Grant 62,400 62,410
College Program..............
===============================
National Undersea Research Program 13,848 11,503
(NURP).............................
===============================
Ocean Exploration................... 14,000 6,000
===============================
Partnership Programs:
Aquatic Ecosystems.............. 0 4,300
Arctic Research................. 1,650 0
NISA/Ballast Water 0 2,494
Demonstrations.................
NISA/Prevent & Control Invasive 800 800
Species........................
Marine Aquaculture Program...... 3,606 0
Tsunami Hazard Mitigation....... 2,300 1,000
-------------------------------
Subtotal, Partnership Programs 8,356 8,594
-------------------------------
Total, Ocean, Coastal, & Great 117,889 107,792
Lakes Research...............
===============================
Information Technology R&D, & Science
Education:
GLOBE............................... 3,057 2,500
High Performance Computing & 12,806 12,808
Communications (HPCC)..............
-------------------------------
Total, Information Technology, 15,863 15,308
R&D, & Science Education.....
Total, Oceanic and Atmospheric 499 499
Research--Conservation.......
Total, Ocean and Atmospheric 330,188 317,483
Research--ORF................
===============================
NATIONAL WEATHER SERVICE
Local Warnings and Forecasts:
Local Warnings and Forecasts Base... 518,708 520,084
Alaska Data Buoys................... 1,700 650
Sustain Cooperative Observer Network 2,299 1,890
-------------------------------
Subtotal, Local Warnings and 522,707 522,624
Forecasts........................
===============================
Advanced Hydrological Prediction Service 1,000 1,500
-------------------------------
WFO Maintenance......................... 4,550 4,230
-------------------------------
Weather Radio Transmitters:
Weather Radio Transmitters Base..... 2,323 2,323
NOAA Weather Radio Transmitters--Big 0 76
Horn, WY...........................
NOAA Weather Radio Transmitters--WI. 0 500
-------------------------------
Subtotal, Weather Radio 2,323 2,899
Transmitters.....................
-------------------------------
Total, Local Warnings and 530,580 531,253
Forecasts........................
-------------------------------
Central Forecast Guidance............... 43,745 40,850
-------------------------------
Total, Operations and Research.... 574,325 572,103
===============================
Systems Operations & Maintenance (O&M):
NEXRAD.............................. 39,996 43,021
ASOS................................ 7,651 7,667
AWIPS............................... 36,484 36,558
-------------------------------
Total, Systems Operation & 84,131 87,246
Maintenance......................
-------------------------------
Total, National Weather Service-- 658,456 659,349
ORF..............................
===============================
NATIONAL ENVIRONMENTAL SATELLITE, DATA
AND INFORMATION SERVICE
Environmental Satellite Observing
System:
Satellite Command and Control....... 32,791 32,842
Product Processing and Distribution. 28,696 25,747
Product Development, Readiness & 23,471 22,518
Application........................
Global Wind Demonstration........... 1,000 1,000
Commercial Remote Sensing Licensing 1,200 250
& Enforcement......................
-------------------------------
Total, Environmental Satellite 87,158 82,357
Observing Systems............
===============================
NOAA's Data Centers & Information
Services:
Archive, Access & Assessment........ 32,192 31,371
Climate Database Modernization...... 6,214 16,048
Coastal Data Development............ 4,513 4,513
Regional Climate Centers............ 0 3,000
Environmental Data Systems 12,335 12,335
Modernization......................
-------------------------------
Total, NOAA's Data Centers & 55,254 67,267
Information Services.........
===============================
Total, Nat'l Environmental 142,412 149,624
Satellite, Data and
Information Service..........
===============================
PROGRAM SUPPORT
Corporate Services:
Under Secretary and Associate 23,981 21,823
Offices............................
-------------------------------
Policy Formulation and Direction:
Policy Formulation and Direction 36,366 33,940
Base...........................
Minority Serving Institutions... 15,000 15,000
-------------------------------
Subtotal, Policy Formulation 51,366 48,940
and Direction................
Total, Corporate Services..... 75,347 70,763
===============================
Office of Marine and Aviation
Operations:
Aviation Operations:
Aircraft Services............... 14,184 13,918
-------------------------------
Subtotal, Aviation Operations. 14,184 13,918
===============================
Marine Operations:
Marine Services................. 63,829 61,615
Fleet Planning and Maintenance.. 11,120 11,000
-------------------------------
Total, Marine Operations...... 74,949 72,615
===============================
Total, Office of Marine and 89,133 86,533
Aviation Operations..........
===============================
Facilities and Projects:
NOAA Maintenance and Repairs........ 3,636 2,816
Environmental Compliance............ 2,000 2,000
Boulder Facilities Operations....... 5,000 4,500
Columbia River Facilities........... 3,365 4,000
Pribilof Island Cleanup............. 4,000 5,500
-------------------------------
Total, Facilities and Projects 18,001 18,816
===============================
Total, Program Support--ORF............. 182,481 176,112
Total, Conservation Category--ORF....... 168,000 304,000
Total ORF............................... 2,276,059 2,220,298
Deobligations........................... (17,000) (17,000)
Coastal Zone Management Fund offset..... (3,000) (3,000)
-------------------------------
Total, Budget Authority--ORF............ 2,256,059 2,200,298
------------------------------------------------------------------------
national ocean service
The Committee has included a total of $375,609,000 for
activities of the National Ocean Service (NOS) for fiscal year
2002.
Mapping and Charting.--The recommendation includes
$68,525,000 for mapping and charting activities, which is
$2,925,000 above the budget request and $9,768,000 above the
current year. The recommendation includes $24,985,000 for the
hydrographic survey backlog line. The recommendation is
consistent with the position the Committee has supported for
years that at least 50 percent of hydrographic surveying should
be contracted out. The Committee considers mapping and charting
that promotes commerce and ensures safe navigation to be a
priority for NOAA. At the President's request level, it would
take 20 years for NOAA to update maps and charts of the
critically important areas. The Committee recommendation
includes an increase to the ``address survey backlog'' line of
$4,535,000 for the Gulf of Mexico, including Lake
Pontchartrain.
Further, the Committee directs NOAA to enter into a long-
term lease or charter of a U.S. purpose-built, U.S. flag
hydrographic survey vessel which is capable of performing the
full scope of necessary hydrographic services. To provide
optimal quality survey data to NOAA, the intended vessel should
be equipped with a suite of state-of-the-art survey equipment
capable of providing quality data from inshore waters to full
ocean depths. It is the Committee's intent to provide the most
efficient and cost-effective use of the survey backlog funding,
including using longer-term private vessel charters. This model
would allow NOAA to sustain its goal of maintaining accurate
and timely charts of the Nation's waters without additional
Federal capital outlays.
Acquisition of data funding (ship time) has been moved to
Program Support.
Geodesy.--The Committee has included $22,862,000 for NOAA's
geodesy programs, an increase of $527,000 above fiscal year
2001 and $938,000 above the request. No funding is provided for
the National Spacial Reference System or for the South Carolina
Geodetic survey. NOAA is directed to work with the states of
Louisiana and Wisconsin to assess their requirements for
similar programs and report back to the Committee by September
15, 2001.
Tide and Current Data.--The Committee has recommended
$19,295,000 for this activity, an increase of $4,239,000 above
fiscal year 2001 and $2,045,000 above the request. The increase
from current year levels is for the continued implementation of
the Physical Oceanographic Real-Time System (PORTS) program and
increased funding for the National Water Level Observation
Network (NWLON) on the Great Lakes.
Ocean Assessment Program.--The Committee recommendation
provides $74,163,000 for this activity, of which $57,525,000 is
under the conservation category. Of the amount provided for the
Coastal Services Center, $1,000,000 is for the Alliance for
Coastal Technologies.
Coastal Zone Management.--The Committee recommendation
provides a total of $104,745,000, as requested, under the
National Ocean Service to assist coastal States in implementing
clean water programs. Of this amount, $68,963,000 is for grants
to States in accordance with sections 306 and 306A of the
Coastal Zone Management Act (CZMA), the same amount as in the
request and $8,596,000 above the current year. In the fiscal
year 2001 Appropriations Act, the Committee directed NOAA to
provide an assessment of the national impact of this program
and submit such assessment to the Committees on Appropriations
no later than March 15, 2001. The Committee has not received
this report. The recommendation does not make language changes
to the limits of each grant. While the Administration's request
includes an increase of $12,184,000 for the CZMA program, the
Committee notes the CZMA authorization has expired. Further,
$10,000,000 is requested by the Administration for the Non-
Point Source Pollution Implementation grants program, which is
not authorized under sections 306 and 306A of the CZMA, but
rather section 6217 of the CZMA. In fiscal year 2001, the
Committee provided $10,000,000 for the program, and the
Environmental Protection Agency (EPA) non-point source program
was funded at $238,000,000. The Committee remains concerned
that the program remains unauthorized, and has questioned
whether NOAA's program is duplicative of programs funded under
the Environmental Protection Agency and the Department of
Agriculture.
Marine Sanctuaries.--The recommendation provides
$36,000,000 for the program, $3,571,000 above the current year,
of which $500,000 is for the activities of the Northwest
Straits Citizens Advisory Commission, the same amount provided
in fiscal year 2001. The Commission was established to focus on
the marine resources in the area, mobilize science and support
marine resource committees, and establish a forum for
coordination and consensus building, in lieu of Federal
designation of the area as a Marine Sanctuary. The Committee
believes that such a consensus-based approach is an innovative
and novel way to promote marine conservation, the goal of the
Marine Sanctuary Program.
The Committee continues to believe that NOAA should
redouble its efforts to pursue revenue enhancement initiatives
and to explore other voluntary,innovative means to identify
partners and raise additional resources for the sanctuaries. In
addition, the bill includes language, carried in previous years,
allowing the collection of user fees for the sanctuaries.
Marine Protected Areas.--$3,000,000 is provided, as
requested, for marine protected areas to develop an atlas of
local, regional, state, Federal and international marine
protected areas at least partially in the United States
Exclusive Economic Zone. The atlas should include Geographic
Information System compatible maps of these areas, descriptions
of the statutory and regulatory establishment documents for
these areas, and any regulations or restrictions imposed on
such areas. Marine Protected Areas included in the atlas should
not include land areas adjacent to marine areas. No funds
should be used to evaluate, propose or designate new marine
protected areas.
National Marine Fisheries Service
The Committee has provided a total of $542,121,000 for the
programs of the National Marine Fisheries Service (NMFS), as
compared to $598,036,000 as requested. Bill language is not
included designating funding for Alaska Steller sea lions.
The Committee's actions reflect the fact that the key to
building sustainable fisheries lies in the ability to
accurately assess the status of the stock. Early assessment
enables more accurate and timely decisions by managers of the
resource to ensure continued viability of the resource. Thus
the Committee has placed highest priority on, and provided
increases for, programs and activities which ensure that the
National Marine Fisheries Service (NMFS) and its resource
management partners have access to the necessary information to
make fishery management decisions. The Committee remains
concerned at the increasing number of lawsuits against NMFS. As
of March 30, 2001 there were 102 open lawsuits against NMFS. Of
these lawsuits, 40 percent were brought by the environmental
community, 30 percent by the commercial fishing industry, 13
percent by local government, 14 percent by community
developers/other industry, and the remaining 3 percent were
filed by tribes and recreational fishing groups. The majority
of these lawsuits were based on the National Environmental
Policy Act (NEPA) and the Endangered Species Act (ESA). In last
year's conference agreement, a total of $21 million was
provided to assist NOAA in meeting its research requirements
due to lawsuits. The Committee has continued this funding level
in fiscal year 2002.
Science and Technology.--The Committee also expects NMFS to
continue the collaborative multi-regional biological research
on highly migratory species of sharks to provide NMFS with the
information necessary for effective management of the highly
migratory shark fishery and conservation of imminently
threatened shark fishery resources. Of the amounts provided
under Science and Technology, $250,000 is for aquaculture work
at the NMFS Milford, CT laboratory.
Atlantic Bluefish/Striped Bass.--The Committee
recommendation includes $1,550,000 in funding under Fisheries
Research and Management Services, Science and Techology for the
ongoing program under the Cooperative Education Marine Research
program to study the decline of nearshore Atlantic bluefish
stocks and striped bass population monitoring.
Data Collection Efforts for States.--The Committee remains
concerned that there are a number of different mechanisms in
place to collect data and these data may not be available to
fishery managers in a useable format. As a result, the
Committee directs NMFS to ensure that information from fishery
observers and state data is incorporated into the National
Fisheries Information System. The Committee recommendation
includes $2,350,000 to ensure this coordination.
Protected Species Management.--The recommendation includes
$141,819,000 for protected species management, of which
$68,143,000 is under the conservation budget category. Marine
Mammal Stranding funding of $4,000,000 is for the Prescott
Marine Mammal Stranding grant program as authorized in Public
Law 106-555.
Habitat Restoration.--The recommendation includes
$37,088,000, which is funded under the conservation category. A
total of $5,000,000 is provided through the Chesapeake Bay
Office, of which $2,000,000 is for oyster reef construction, to
be divided evenly between Maryland Oyster Reef Partnership and
the Virginia Oyster Reef Heritage Foundation. The Partnership
and the Foundation should consult with their respective state
marine resource agencies in planning, locating and building
oyster reefs.
Right Whales.--The Committee expects NMFS to continue its
right whale research and to focus on much needed gear
modification research. The Committee is concerned that strikes
by large vessels have resulted in right whale fatalities. The
Committee continues its direction from last year for NMFS to
work with the Coast Guard and the Department of the Navy to
reduce the strikes in whale habitat areas.
The Committee expects NOAA to maintain as a priority under
the Saltonstall-Kennedy grant program proposals for research
and education efforts directed at the protection of high-risk
consumers from naturally occurring bacteria associated with raw
molluscan shellfish. Specifically, the Committee expects
continuation of on-going efforts to address concerns associated
with Vibrio vulnificus.
Columbia River.--The Committee is aware of the National
Marine Fisheries Service's obligations, under the 2000
Biological Opinion for the Federal Columbia River Power System,
to address the impacts of the operation of federal
hydroelectric dams on the Columbia and Snake Rivers on
endangered and threatened salmon. The Committee is also mindful
that record-low water levels in the river systems could result
in severe energy and water shortages in many states. Therefore,
the Committee urges NMFS to use full flexibility under the
Biological Opinion. In addition, the Committee is concerned
that NMFS may be delaying consultation with the U.S. Army Corps
of Engineers on its implementation of critical interim
maintenance of navigational channels through dredging
activities on the Snake, Clearwater, and mid-Columbia Rivers.
These delays could significantly and adversely impact barge
transportation as well as fish stocks, including juvenile
smolts, along the river system. The Committee directs NMFS to
devote resources to expedite its review of the Walla Walla
Corps of Engineers' environmental assessment. The Committee
understands that if the assessment is not received from the
U.S. Corps of Engineers by August 2001, there may be affects on
the maintenance of navigational channels during the 2001 winter
season.
oceanic and atmospheric research
The Committee has provided a total of $317,483,000 for the
Oceanic and Atmospheric Research Programs of NOAA, instead of
$330,188,000 as requested. The revised budget structure table
identifies the available funding for each of the OAR
laboratories. The Committee recommendation includes the
following amounts for basic laboratory research and support
under Oceanic and Atmospheric Research:
Climate Research.--The Committee has included $147,520,000
for the Climate Research category. Within the amounts for the
Climate and Global Change base, $1,000,000 is provided to the
University of Arizona.
Of funds available to the Pacific Marine Environmental
Laboratory, $2.5 million shall be available for the VENTS
program. Of the amounts provided for OAR, $499,000 for the
coral reef watch program is provided under the conservation
category.
National Undersea Research Program (NURP).--Of the amount
provided for the National Undersea Research Program, $1 million
is for administration, $1.8 million is for Alvin and Aquarius,
and the remaining funds are to be split evenly between the East
Coast and West Coast Centers.
national weather service
The Committee recommendation includes a total of
$659,349,000 for the National Weather Service for fiscal year
2002 under the ORF account, which is $29,945,000 above fiscal
year 2001 and $893,000 above the request. Additional amounts
for NWS are provided under the Procurement, Acquisition and
Construction account to support NWS systems modernization and
facilities requirements. Of the amounts provided under systems
operation and maintenance, $3.1 million is for the relocation
and installation of a WSR-88D from Keesler Air Force Base in
Mississippi to Brandon, Mississippi.
Funding for the Susquehanna River Basin flood system should
remain at current year levels.
national environmental satellite, data and information service
The recommendation includes $149,624,000 for the
operational and research and development programs of the
National Environmental Satellite, Data, and Information Service
(NESDIS), an increase of $7,212,000 from the request and
$24,665,000 above current year. The revised budget structure
transfers $10,500,000 from the PAC account to this
appropriations account.
Environmental Data Management Systems.--Funding is provided
to continue a multi-year program of climate database
modernization and utilization.
The recommendation includes $3,000,000 for continuation of
the Regional Climate Centers program, which was proposed for
elimination. Further, the Committee recognizes the value of
NOAA climate data centers as the U.S. repositories for
historical environmental data and encourages the Administration
to ensure that in future years adequate funding is requested to
maintain these centers.
program support
The Committee has included $176,112,000 for Program
Support. Of the amounts provided for Pribilof Island Cleanup,
$1,500,000 is for assistance authorized under the Section
206(b) of the Fur Seal Act of 1966 (16 USC 1166(b)), and
$4,000,000 is to carry out Section 3 of Public Law 104-91 (16
USC 1165 note).
The University of Louisiana at Lafayette may occupy the
presently vacant space in the National Oceanic and Atmospheric
Administration facility in Lafayette, Louisiana, and conduct
classroom teaching, scientific research and related activities
on the premises at no expense to the University.
A number of Members of Congress and staff have raised the
issue of the amount of time it takes for NOAA to process grant
applications and provide funding to external granters. As a
result, the Committee directs NOAA, through the Department of
Commerce, to submit to theCommittee an operating plan for
expenditure of funds available to NOAA in fiscal year 2002, based on
the Committee's distribution as shown in the accompanying table. In
addition, the Committee directs NOAA to report to the Committee on a
quarterly basis on the status of obligations against the Committee's
distribution.
Procurement, Acquisition and Construction
The recommendation includes $749,000,000 in fiscal year
2002 for this account, of which $26,000,000 is under the
conservation category. The revised budget structure includes a
transfer of $10,750,000 from the President's request for NESDIS
under this account to NESDIS under the ORF account. The
recommendation is $67,603,000 above the current year and
$15,861,000 below the President's request. This account funds
capital assets acquisition activities, including systems
acquisition and continued construction. The following
distribution reflects the activities funded within this
account:
PROCUREMENT, ACQUISITION AND CONSTRUCTION
[In thousands of dollars]
------------------------------------------------------------------------
FY 2002
President's FY 2002 House
request recommendation
------------------------------------------------------------------------
NOS-Construction:
Beaufort Lab Repairs................ 1,000 500
Coastal Service Center.............. 1,000 0
Marine Sanctuaries Construction..... 15,993 15,993
National Estuarine Research Reserve 9,912 9,912
Construction.......................
-------------------------------
Total NOS-PAC..................... 27,905 26,405
NMFS-Construction:
Alaska Facilities Fisheries Center 11,700 5,850
Juneau--continuation...............
Aquatic Resources--continuation..... 0 5,000
N.Y. Botanical Gardens--continuation 0 4,034
Honolulu Laboratory--continuation... 3,000 1,500
Santa Cruz Laboratory--continuation. 0 550
-------------------------------
Total, NMFS--PAC.................. 14,700 16,934
OAR-Systems Acquisition:
Comprehensive Large Array Data 3,626 3,626
Stewardship System.................
Research Supercomputing............. 6,984 8,984
-------------------------------
Total, OAR-PAC.................... 10,610 12,610
NWS-Systems Acquisition:
ASOS................................ 5,125 5,125
AWIPS............................... 16,264 16,264
NEXRAD.............................. 8,261 11,261
NWSTG Backup--CIP................... 7,460 7,460
Radiosonde Network Replacement...... 4,989 4,989
Weather and Climate Supercomputing.. 15,052 15,052
WFO Construction.................... 12,000 9,505
-------------------------------
Total, NWS--PAC................... 69,151 69,656
NESDIS-Systems Acquisition:
Geostationary Systems............... 289,474 289,474
Polar Orbiting Systems.............. 295,902 295,902
Continuity of Critical Facilities... 4,550 2,550
Suitland Facility................... 5,700 5,700
-------------------------------
Total, NESDIS--PAC................ 595,626 593,626
Program Support-Systems Acquisition:
Commerce Administrative Management 19,804 19,254
System (CAMS)......................
-------------------------------
Subtotal, PS Systems Acquisition.. 19,804 19,254
Program Support--OMAO:
ADVENTUROUS Refurbishment 4,200 0
(Hawaii).......................
ALBATROSS IV Repairs (New 4,000 1,000
England).......................
FAIRWEATHER Refurbishment 9,515 9,515
(Ketchikan, Alaska)............
GORDON GUNTER (Gulf of Mexico).. 1,800 0
-------------------------------
Subtotal, Program Support--OMAO 19,515 10,515
Fleet Replacement................
===============================
Total, Program Support--PAC............. 39,319 29,769
===============================
Total, PAC-non-conservation............. 731,311 723,000
Total--PAC-conservation................. 26,000 26,000
Total Direct Obligations, PAC........... 757,311 749,000
------------------------------------------------------------------------
Marine Sanctuaries Construction Account.--Of the amounts
provided, $2,000,000 is for the Gray's Reef National Marine
Reef Sanctuary, which must be matched 3 to 1 by State and local
partners, and $5,000,000 for the National Monitor Sanctuary's
USS Monitor Center for planning, design, and engineering of the
exhibits for the Center.
National Estuarine Research Reserves.--Of the amount
provided, $500,000 is for the Elkhorn Slough NERR and
$1,000,000 is for support of the Hackensack watershed project,
for which the amount must be matched 3 to 1 by State and local
partners.
National Weather Service.--The funding provided for the
Advanced Weather Interactive Processing System (AWIPS) will
complete the third year of a three-year effort to develop and
deploy Build 5.0 software.
Of the amounts provided for the next generation radar
(NEXRAD), $3,000,000 is included for the establishment of a
weather forecast office at the National Space Science and
Technology Center located at the University of Alabama at
Huntsville, which shall be consistent in capabilities,
functions, and mission with similarly constituted NWS offices.
PACIFIC COASTAL SALMON RECOVERY FUND
The recommendation includes $110,000,000 under the
conservation category for the Pacific Salmon Recovery Fund.
This amount is $20,000,000 above the request. In the fiscal
year 2001 Act, language was included to authorize the
appropriation of funds for fiscal years 2001, 2002, and 2003.
The Committee has included bill language making fiscal year
2002 funds available subject to express authorization. In
addition, $20,000,000 is included for the Northern and Southern
Boundary funds, and $5,000,000 for a direct payment to the
State of Washington for the obligations of the 1999 Pacific
Salmon Treaty.
COASTAL ZONE MANAGEMENT FUND
The Committee has included language in the bill, identical
to that included in the request, which makes $3,000,000 in the
Coastal Zone Management Fund available for transfer to the
Operations, Research, and Facilities account.
fishermen's contingency fund
The Committee recommends $952,000 for the Fishermen's
Contingency Fund, the full amount requested and $2,000 above
the current year.
The Fishermen's Contingency Fund provides compensation to
U.S. fishermen for damage or loss of fishing gear and any
resulting loss because of natural or manmade obstructions
related to oil and gas exploration, development, and production
on the Outer Continental Shelf.
FOREIGN FISHING OBSERVER FUND
The Committee recommends $191,000 for the Foreign Fishing
Observer Fund for fiscal year 2002, an amount equal to the
current year level and the request.
Fees paid into the Fund are collected from owners and
operators of certain foreign fishing vessels that fish within
the United States Fishery Conservation Zone, and are intended
to be used by the Secretary of Commerce to finance the cost of
placing United States observers aboard such fishing vessels.
FISHERIES FINANCE PROGRAM ACCOUNT
The Committee recommends $287,000 in subsidy amounts for
the Fisheries Finance Program account, the same amount as in
the request and in the current year.
Departmental Management
SALARIES AND EXPENSES
The Committee recommends $37,843,000 for the Commerce
Department's Salaries and Expenses appropriation for fiscal
year 2001, $2,002,000 over the current year and $191,000 above
the budget request. The Committee directs the Department of
Commerce to provide quarterly reports on obligations of the
National Oceanic and Atmospheric Administration, the Patent and
Trademark Office, and the Bureau of the Census. The Department
is directed to consult with the Committee prior to submitting
the first report, covering the first quarter of fiscal year
2002.
Further, the General Accounting Office has raised concerns
that the Commerce Administrative Management System (CAMS) does
not meet core financial requirements to timely produce a usable
accounts payable list and does not have archiving capabilities.
The Committee directs the Department of Commerce to review
these concerns and provide a report on the findings to the
Committee no later than August 30, 2001.
The recommendation retains language, proposed for
modification, regarding reception and representation.
This appropriation provides for the Office of the Secretary
and for staff offices of the Department that assist in the
formulation of policy, management, and administration.
Office Relocations.--The Committee continues its direction
for the Department to submit quarterly reports providing
details of all office moves, openings, reductions and closings,
which will be considered as reprogrammings under section 605 of
the Act.
OFFICE OF INSPECTOR GENERAL
The Committee recommends $21,176,000 for the Commerce
Department's Office of Inspector General for fiscal year 2002.
This amount is the same as the request and $1,220,000 above the
current year level.
General Provisions--Department of Commerce
The Committee has included the following General Provisions
for the Department of Commerce that were included in the fiscal
year 2001 Appropriations Act:
Section 201 makes Commerce Department funds in the bill
available for advanced payments only upon certification of
officials designated by the Secretary that such payments are
considered to be in the public interest.
Section 202 makes appropriations for the Department in the
bill for salaries and expenses available for hire of passenger
motor vehicles and for services, uniforms and allowances as
authorized by law.
Section 203 prohibits any of the funds in the bill to be
used to support hurricane reconnaissance aircraft and
activities that are under the control of the United States Air
Force or the United States Air Force Reserve.
Section 204 provides the authority to transfer funds
between Department of Commerce appropriation accounts. The
language provides that no account may be decreased by more than
5 percent or increased by more than 10 percent. The language
also makes the transfers subject to the Committee's standard
reprogramming procedures.
Section 205 provides that any costs incurred by the
Department in response to funding reductions shall be absorbed
within the total budgetary resources available to the
Department and shall not be subject to the reprogramming
limitations in this Act.
Section 206, allows the Secretary to award contracts for
certain mapping and charting activities in accordance with the
Federal Property and Administrative Services Act.
Section 207 allows the Department of Commerce franchise
fund to retain a percentage of earnings from services provided
for capital investments.
TITLE III--THE JUDICIARY
The funds recommended by the Committee in Title III of the
accompanying bill are for the operation and maintenance of
United States Courts and include the salaries of judges,
magistrates, probation and pretrial services officers, and
supporting personnel and other expenses of the Federal
Judiciary.
The Committee recommendation provides $4,681,132,000, which
is an increase of $426,351,000 over last year's enacted level
and $191,581,000 below the request. This amount is provided to
fund the ongoing activities of the Federal courts; to allow the
Defender Services account to keep pace with growing workload
and funding requirements; to fund increased security
requirements; and to begin the long-overdue restoration of the
Supreme Court building.
The Judiciary formulates its budget based on total
obligations, including appropriated funds and funds available
from other sources, including fees and carryover. The Judiciary
is able to offset its request for appropriated funds by the
amount of fees estimated to be collected in a given year and
the level of carryover balances estimated to be available. In
prior years, at the direction of the Committee, the Judiciary
presented its budget request based on total obligations. For
the fiscal year 2002, the Judiciary adjusted the presentation
of its budget request to compare the fiscal year 2001 available
appropriation to the fiscal year 2002 requested appropriation.
This presentation is similar to that of the Executive Branch.
The Committee is pleased with the change in budget
presentation.
Supreme Court of the United States
The Committee recommends a total of $112,066,000 for the
Supreme Court of the United States for fiscal year 2002,
$67,041,000 above the fiscal year 2001 level, and $47,790,000
below the request. The total amount is provided in two separate
appropriations accounts, as follows:
SALARIES AND EXPENSES
The Committee recommends an appropriation of $42,066,000
for fiscal year 2002 for the salaries and expenses of the
Justices and their supporting personnel, and the cost of
operating the Supreme Court, excluding the care of the building
and grounds. The recommendation is $4,554,000 above the current
year appropriation, and is $48,000 below the Court's request.
The recommendation fully funds the Court's adjustments to
base for court supporting staff. The recommendation also fully
funds the Court's request for additional staff, training, and
equipment. The Committee is pleased with the Court's efforts to
increase its use of information technologies.
A former member of the Committee, the late Julian Dixon of
California, worked tirelessly to remind the Supreme Court of
the importance of fair hiring practices in the selection of law
clerks. This year, a number of Members of the Committee raised
questions about the progress in hiring of minority and women
law clerks at the Supreme Court. The Justices who testified
before the Committee responded by stating that there is a
``heightened awareness'' about this issue. The Court has been
responsive in providing information regarding its practices and
in continuing to make every effort to expand the pool of
applicants in a manner to bring about fairness in hiring. The
Subcommittee appreciates the efforts of the Court and looks
forward to continuing progress in this matter.
CARE OF THE BUILDING AND GROUNDS
The Committee recommends an appropriation of $70,000,000
for fiscal year 2002 for personnel and other services relating
to the Supreme Court building and grounds, which are supervised
by the Architect of the Capitol. The recommendation is
$47,742,000 below the request and is $62,487,000 above the
current year appropriation.
The Committee recommendation provides a $63,500,000
increase to begin the critical upgrades of the Supreme Court
building. The Committee understands that an additional
$53,500,000 will be required in fiscal year 2003 to complete
the project. The Architect of the Capitol, who is responsible
for maintaining this historic structure, believes that a single
contract would be the most advantageous means to ensure the
accountability of contractors. It would also be the least
disruptive to the operations of the Court. The budget authority
is made available until expended to give the Architect maximum
flexibility in structuring the contract. The Committee notes
its full intention to provide the amounts needed to complete
the project as soon as practicable.
The Supreme Court building has serious deficiencies in its
life safety, security, mechanical, electrical, and plumbing
systems. These obsolete systems create the risk of an emergency
to the health and safety of the Justices, the court staff, the
Supreme Court police, and the nearly one million visitors to
the building each year. To correct these deficiencies, the
Architect has proposed the building's first significant upgrade
in its 65-year history. The Committee believes that each day
this project is delayed dramatically increases the potential
for the building's outdated systems to fail, placing human life
and safety at risk as well as increasing the costs required to
perform the necessary modernization.
In order to address the building's fire safety
deficiencies, the Committee understands the Architect plans to
provide the following: full fire detection and suppression
coverage for currently unprotected areas; protected egress
paths to provide safe avenues of escape in the event of an
emergency; and smoke evacuation and smoke purge systems for the
entire building.
The Committee also supports the Architect's plans to
address the building's security deficiencies by: construction
of a dedicated police facility; enhancement of visitor
screening capabilities; and installation of bullet and blast
proof windows where appropriate.
The Committee understands that the building's antiquated
heating, ventilating, and air conditioning systems require
extraordinary and daily maintenance precautions to avoid sick-
building syndrome conditions. The Committee further understands
that the systems have outlived their anticipated life
expectancy, two and a half times the normal industry standards,
and that replacement parts for maintenance and system failures
are no longer manufactured. The Committee therefore recognizes
the urgent need to replace these systems to assure no
disruption to the Court's functions and supports the
Architect's plan to do so.
The Committee also understands that the building's
electrical system is operating at full capacity, which not only
is a fire hazard but also hinders the Court's ability to
implement new information technologies critical to the
functioning of the Court. The Committee supports the
Architect's plan to replace this system to ensure that both the
present and future electrical needs of the Court will be
accommodated.
The Committee expects the Architect to minimize the impact
that this project will have on the operations of the Court. The
Committee supports the Architect's plan to install all needed
systems simultaneously so that each area of the building is
disturbed only once. The Committee also supports the
Architect's plan to hire a construction management firm to
assist the Architect in managing and overseeing the project.
United States Court of Appeals for the Federal Circuit
SALARIES AND EXPENSES
The Committee recommends an appropriation of $19,287,000
for fiscal year 2002 for the salaries and expenses of the
United States Court of Appeals for the Federal Circuit. The
Committee recommendation is $1,392,000 above the current year
appropriation and $1,159,000 below the request.
The Committee recommendation funds the Court's requested
adjustments to base for court support staffing and funds the
Court's request for additional technical assistants. If the
Court determines that its other requested enhancements are a
higher priority than the technical assistants, the Court may
submit a reprogramming request for the Committee's
consideration under section 605 of this Act.
United States Court of International Trade
SALARIES AND EXPENSES
The Committee recommends an appropriation of $13,073,000
for fiscal year 2002 for the salaries and expenses of the
United States Court of InternationalTrade. The Committee
recommendation is $39,000 below the amount requested and $641,000 above
the fiscal year 2001 appropriation. The Committee recommendation funds
the requested adjustments and also includes $75,000 for an
architectural analysis of the Court's facility, which is over 35 years
old and in need of several repairs and upgrades.
Courts of Appeals, District Courts, and Other Judicial Services
SALARIES AND EXPENSES
The Committee recommends an appropriation of $3,631,940,000
for the operations of the regional courts of appeals, district
courts, bankruptcy courts, the Court of Federal Claims, and
probation and pretrial services officers. The recommendation is
$103,834,000 below the request and $279,061,000 above the
fiscal year 2001 appropriation.
Non-appropriated Funds.--In addition to appropriations, the
courts collect fees and have various carryover authorities. The
Judiciary uses these non-appropriated funds to reduce its
appropriation request. For fiscal year 2002, the budget request
estimates that $226,062,000 will be available in fee
collections and carryover balances. If additional non-
appropriated funds become available in fiscal year 2002, either
through savings in fiscal year 2001 or increased fee
collections, the Committee expects the Judiciary to apply these
funds to its fiscal year 2002 financial plan to meet the
highest priority needs of the courts.
Workload.--The Committee understands the workload of the
courts continues to escalate. Nationally, between FY 1997 and
FY 2001, the courts have seen a 34% increase in criminal
filings, a 30% increase in offenders receiving substance abuse
treatment, a 27% increase in pretrial services reports, and a
14% increase in the number of persons under the supervision of
a probation officer. This growth in workload is most
significant in the 5 districts along the Southwest Border,
which account for a staggering 27% of all criminal filings.
The Committee also understands that, unlike Executive
Branch agencies, the Judiciary is unable to control either the
volume of its workload or the rate at which it must complete
that work. The significant growth in the Judiciary's workload
is largely attributable to the expanding jurisdiction of the
Federal courts through legislation passed by the Congress as
well as the significant increases in funding provided to the
Department of Justice in recent years for investigating and
prosecuting crimes.
In fiscal year 2001, the Committee was able to fully fund
the staffing needs of the courts for the first time in three
years. The Committee is pleased that staffing resources were
allocated based on formulas recently updated by the
Administrative Office of the U.S. Courts (AO) that equitably
allocated staff based on the actual workload of each district.
The Committee expects the Judiciary to allocate its fiscal year
2002 staffing resources using the formulas approved by the
Judicial Conference.
Bankruptcy Reform.--The Committee is aware that H.R. 333,
as passed by the House on March 1, 2001, and S. 420, as passed
by the Senate on March 15, 2001, will increase costs in
bankruptcy courts by an estimated $100 million over five years.
No funds are included in this recommendation to implement the
Bankruptcy Reform Bill. However, upon enactment, the Judiciary
should submit a report to Congress regarding the additional
funding, which may be required to implement the bill, as well
as a plan for providing for the new financial needs facing the
Bankruptcy Courts.
In the language in the accompanying bill, $27,817,000 is
permitted to remain available until expended for space
alteration projects and for furniture costs related to new
space alteration or construction projects.
VACCINE INJURY COMPENSATION TRUST FUND
The Committee recommends a reimbursement of $2,692,000 for
fiscal year 2002 from the Special Fund to cover expenses of the
Claims Court associated with processing cases under the
National Childhood Vaccine Injury Act of 1986. This amount is
equal to the request and is $96,000 above the amount available
in the current fiscal year.
As in past years, the bill language is included under the
title Vaccine Injury Compensation Trust Fund. The language was
not moved into the Salaries and Expenses account as requested.
DEFENDER SERVICES
The Committee recommends an appropriation of $500,671,000
for fiscal year 2002. The recommendation is $66,628,000 above
the available current year appropriation and $20,846,000 below
the request. This account provides funding for the operation of
the Federal Public Defender and Community Defender
organizations and for compensation and reimbursement of
expenses of panel attorneys appointed pursuant to the Criminal
Justice Act (CJA), as amended, for representation in criminal
cases.
The recommendation provides for inflationary pay and non-
pay increases for Federal Defender Organizations, additional
representations, and an increase in the hourly rate of
compensation for private panel attorneys appointed to provide
representation to $90 per hour in-court and out-of-court.
Workload.--Between fiscal year 1996 and the end of fiscal
year 2001, the number of CJA representations provided by the
Judiciary has increased by approximately 50 percent. The
Committee recognizes that the Judiciary is unable to control
the number of representations it must provide and its workload
is dependent upon the number of cases prosecuted by the
Department of Justice (DOJ). As funding for DOJ has increased
for initiatives such as increased firearms prosecutions and the
Southwest Border Initiative, the number of CJA representations
has increased, as has the complexity of these cases. In order
to address this growth in workload in fiscal year 2002, the
Committee recommends funds for additional CJA representations.
Panel Attorney Rate Increase.--The Judiciary's budget
requests $35,135,000 to increase panel attorney compensation in
most districts from $55 per hour out-of-court and $75 per hour
in-court to $113 per hour for in-court and out-of-court time.
This is the level authorized by the Criminal Justice Act, as
amended. The Committee is supportive of the need to raise
hourly rates and provides funding to increase the panel
attorney rates to $90 per hour.
The Committee recognizes that panel attorney rates have not
kept pace with inflation over the past 15 years and that this
has negatively impacted the Judiciary's ability to attract and
retain attorneys to the panel. The Committee understands that
the current rates often do not cover private attorneys'
overhead costs. Since over 90 percent of panel attorney
appointments are made to sole practitioners or firms with 2 to
5 attorneys, the low compensation rates place a significant
financial burden on the individual attorneys accepting
appointments. This low rate of pay has resulted in a decline in
the number of attorneys willing to take Federal cases,
especially complex cases that involve a significant investment
of time. This is particularly problematic as the number of CJA
representations continues to escalate. In testimony before this
Committee, the Judiciary stated that one of the biggest
impediments to maintaining a fair system of justice is the low
rate of pay that private panel attorneys receive.
In order to address this problem, the Committee has
provided sufficient funding to increase panel attorney rates to
$90 per hour. The Committee recommends that in-court hours and
out-of-court hours should no longer be compensated at different
rates. The Committee directs the Judiciary to fund in- and out-
of-court time at the same level. The Committee expects the
Judiciary to implement this increase as soon as is technically
feasible.
The bill also includes language making funds available for
training and general administrative expenses.
FEES OF JURORS AND COMMISSIONERS
The Committee recommends an appropriation of $48,131,000.
This amount is $11,305,000 below the amount enacted in fiscal
year 2001 and $2,000,000 below the request.
COURT SECURITY
The Committee recommends an appropriation of $224,433,000
for Court Security for fiscal year 2002 to provide for
necessary expenses of security and protective services for the
United States Courts in courtrooms and adjacent areas. This is
$25,297,000 above the amount appropriated in fiscal year 2001
and $4,000,000 below the request. The recommendation provides
for the inflationary increases, and additional staff and
equipment associated with new and renovated space.
As requested, language in the bill clarifies the current
responsibilities of the Court Security Program to provide
protective guard service for United States courthouses, the
installation and maintenance of security equipment in all
buildings housing judiciary operations and the inspection of
mail and packages. Bill language is also included allowing up
to $10,000,000 in court security funding to remain available
until expended.
Administrative Office of the United States Courts
SALARIES AND EXPENSES
The Committee recommends an appropriation of $60,029,000
for the salaries and expenses of the Administrative Office of
the United States Courts, which is $1,817,000 above the fiscal
year 2001 appropriation and $3,000,000 below the request.
The Administrative Office (AO) provides administrative and
management support to the United States Courts, including the
probation and bankruptcy systems. It also supports the Judicial
Conference of the United States in determining Judiciary
policies; developing methods to allow the courts to conduct
business more efficiently and economically; and enhancing the
use of information technology in the courts.
Historically, the Judiciary has been able, as the fiscal
year progresses, to identify additional prior year unobligated
fee balances to supplement appropriated funds. Should such
other sources of funds be forthcoming, the Committee would
consider a request from the Administrative Office to use such
funds.
The Committee recognizes that as the courts continue to
grow, the administrative workload and policy responsibility of
the AO also grows. Given the size and continued growth of the
Federal Judiciary, the Committee feels that it is important
that the policy and oversight functions of the AO are
adequately funded. In addition, the AO is in the midst of
developing and deploying a number of major new or upgraded
automated systems for the courts. The additional FTEs are
required to provide technical assistance and oversight to the
probation and pretrial services program, develop of new case
management systems, and improve financial management and
internal controls in the courts.
Language is included in the bill permitting not to exceed a
total of $8,500 for official reception and representation
expenses.
Federal Judicial Center
SALARIES AND EXPENSES
The Committee recommends an appropriation of $20,235,000
for the salaries and expenses of the Federal Judicial Center
(the Center) for fiscal year 2002, which is $88,000 below the
request and $1,499,000 above the fiscal year 2001
appropriation.
The Center improves the management of Federal judicial
dockets and court administration through education for judges
and staff and research, evaluation, and planning assistance for
the courts and the Judicial Conference.
The Committee's recommendation funds the Center's
inflationary pay and non-pay increases and provides additional
funds to increase the Center's use of satellite broadcasting
and new distance education programs.
Judicial Retirement Funds
Payment to Judiciary Trust Funds
The Committee provides $37,000,000 for payments to the
Judicial Officers' Retirement Fund and the Claims Court Judges
Retirement Fund for fiscal year 2002. This amount is the same
as the budget request and $1,300,000 above the current year.
These payments are considered mandatory for budget scorekeeping
purposes.
These Funds cover the estimated annuity payments to be made
to retired bankruptcy judges and magistrate judges, Claims
Court judges, and spouses and dependent children of deceased
judicial officers.
United States Sentencing Commission
Salaries and Expenses
The Committee recommends $11,575,000 for the salaries and
expenses of the United States Sentencing Commission for fiscal
year 2002, which is $1,666,000 above the current year
appropriation and $825,000 below the Commission's full request.
The purpose of the Commission is to establish, review, and
revise sentencing guidelines, policies, and practices for the
Federal criminal justice system. The Commission is also
required to monitor the operation of the guidelines and to
identify and report necessary changes to the Congress.
The Committee's recommendation funds the Commission's pay
and non-pay inflationary increases and annualizes the cost of
new staff funded in fiscal year 2001.
General Provisions--The Judiciary
The Committee has included the following general provisions
in the bill for the Judiciary:
The recommended bill continues to carry Sections 301, 302,
and 303 from previous years.
Section 301 provides language to permit funds in the bill
for salaries and expenses for the Judiciary to be available for
employment of experts and consultant services as authorized by
5 U.S.C. 3109.
Section 302 provides language which permits up to 5 percent
of any appropriation made available for fiscal year 2002 to be
transferred between Judiciary appropriations accounts with the
proviso that no appropriation shall be decreased by more than 5
percent or increased by more than 10 percent by any such
transfer except in certain circumstances. In addition, the
language provides that any such transfer shall be treated as a
reprogramming of funds under section 605 of the accompanying
bill and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that
section.
Section 303 provides language permitting not to exceed
$11,000 for official reception and representation expenses
incurred by the Judicial Conference of the United States.
Section 304 provides language allowing up to $400,000 of
unexpended balances available to the Commission on Structural
Alternatives in Federal Appellate Courts to be expended on
court operations.
The recommended bill defers without prejudice a proposal to
include a modified version of section 309 of the fiscal year
2001 Act related to salary adjustments for Federal Justices and
judges.
TITLE IV--DEPARTMENT OF STATE AND RELATED AGENCY
In total, the recommendation in this Title for the
Department of State and the Broadcasting Board of Governors
includes $7,882,222,000, which is $94,314,000 below the budget
request and $840,934,000 above the amount provided in fiscal
year 2001. Of the total amount provided, $7,746,593,000 is
derived from general purpose discretionary funds and
$135,629,000 is scored as mandatory spending. The recommended
funding levels support requested program increases to improve
diplomatic readiness and security. The recommendation includes
the full amount requested, $1,303,695,000, to continue
worldwide security activities, including the design and
construction of replacement facilities for the most vulnerable
overseas posts.
DEPARTMENT OF STATE
The Committee's fiscal year 2002 recommendation for the
Department of State is intended to support dramatic
improvements in the Department's efforts to achieve diplomatic
readiness and to institute sweeping management reforms. Despite
receiving appropriations for operations of the Department that
averaged almost four percent above inflation over each of the
past four years, the Department's request for fiscal year 2002
reflected a determination of inadequate current resources for
major functions, including staffing, security, technology, and
overseas infrastructure. The overall Committee recommendation
for the Administration of Foreign Affairs accounts represents
an increase of more than 17 percent above the amounts available
in the current fiscal year, including funding to support the
hiring and training of an additional 668 employees. The
Committee expects that this enormous infusion of resources will
allow the Department to meet all its staffing requirements,
modernize its technology and equipment, and undertake vigorous
reform initiatives to improve management and right-size
America's overseas presence.
The Committee recommends a total of $7,403,216,000 for
fiscal year 2002 for the Department of State. This amount is
$103,314,000 below the budget request and $802,380,000 above
the amounts appropriated for fiscal year 2001. Of the total
amount provided, $7,267,587,000 is derived from general purpose
discretionary funds and $135,629,000 is scored as mandatory
spending.
The Committee recommendation includes a total of
$5,460,107,000 for the discretionary appropriation accounts
under Administration of Foreign Affairs; $1,694,139,000 for the
appropriation accounts under International Organizations and
Conferences; $60,316,000 for International Commissions; and
$53,025,000 for Other activities. The Committee's recommended
priorities for the Department of State are delineated in the
following paragraphs.
Administration of Foreign Affairs
diplomatic and consular programs
The Committee recommends $3,653,735,000 for the Diplomatic
and Consular Programs account, including $487,735,000 to
continue funding for worldwide security upgrades and
$270,259,000 for public diplomacy international information
programs.
This appropriation provides for the formulation and
execution of United States foreign policy, including the
conduct of diplomatic and consular relations with foreign
countries, diplomatic relations with international
organizations, and related activities. The account includes
funding for all of the program and operations bureaus and
offices of the Department of State and the Foreign Service.
The recommendation represents a reduction of $51,405,000
from the budget request and an increase of $486,561,000 above
the fiscal year 2001 appropriation. The recommendation of
$487,735,000 for worldwide security upgrades is $78,637,000
above the fiscal year 2001 level and the same amount as
requested. Exclusive of security programs, the recommendation
represents an increase of $407,924,000 above fiscal year 2001,
which includes all requested adjustments to base and
$320,671,000 for requested program increases for staffing,
information technology, information security, and overseas
infrastructure.
Changes from the Budget Request.--The Committee
recommendation does not include $25,000,000 requested under
this account to implement the 1999 Pacific Salmon Treaty
Agreement. Funding for costs related to that agreement is
included in Title II of this Act. The Committee recommendation
does not include requested increases totaling $16,950,000 for
foreign policy program enhancements in this account. The
Committee recommendation provides $68,402,000 for program
increases related to improving overseas infrastructure, a
reduction of $9,455,000 from the request. The Committee
encourages the Department to prioritize the replacement of
overseas equipment and vehicles accordingly. As in past years,
the Committee expects that there will be additional savings
available to the Department, including exchange rate gains and
vacancies in funded positions. The Department will have the
ability to propose that savings be used for needs not funded by
the recommendation through the normal reprogramming process.
Reform and Restructuring.--The Committee continues to
support the combination of similar activities and the
achievement of all possible efficiencies in the management of a
consolidated State Department. The Committee remains convinced
that the Department's bureaucratic structure and inadequate
attention to management issues hamper its effectiveness and
efficiency. The Committee recommendation therefore assumes that
management improvements will be the Department's highest
priority. The Committee understands that the Department intends
to fill the position of Deputy Secretary of State for
Management and Resources created in the current year
Appropriations Act. The filling of this position is a critical
first step toward ensuring that management, budgeting, and
financial issues receive the appropriate attention at the
highest levels of the Department. The Committee expects that
this move will also ensure that there will be one official
within the Department with the responsibility and authority to
ensure that all the Department's operating, capital and program
resources are rationally and efficiently managed. The Committee
directs the Department to submit a corresponding reorganization
plan through the regular reprogramming process, and within 60
days after the Deputy Secretary of State for Management and
Resources position has been filled.
Diplomatic Readiness and Reform.--The recommendation
includes $305,761,000 for program increases to help the
Department put the right people in the right places at the
right times with the right skills to advance the national
interest. The recommendation includes funding to support the
hiring and training of 360 new employees, the consolidation
under this account of over $100,000,000 in technology
operations and maintenance costs formerly funded from fees and
from the Capital Investment Fund, adjustment of pay scales for
foreign national employees, the further consolidation of
financial services functions, and a large-scale replacement
program for overseas equipment and vehicles.
Public Diplomacy.--The recommendation includes language,
similar to language included in the fiscal year 2001 bill,
specifying that $270,259,000 is available only for Public
Diplomacy programs. The integration of the United States
Information Agency in fiscal year 2000 resulted in public
diplomacy resources being spread across several different
bureaus. The Committee believes that separately identifying
these resources will facilitate the Committee's ability to
monitor funding levels and trends for these activities. The
amount identified for public diplomacy programs includes the
costs of personnel and programs throughout the Department, and
is the same as the amount requested for these activities.
Worldwide Security Upgrades.--The Committee recommendation
includes $487,735,000, the full amount requested under
Diplomatic and Consular Programs, for the costs of worldwide
security upgrades. This funding includes $349,323,000 to
provide full year costs of maintaining base security activities
at current levels. These activities include guard services,
physical security equipment, armored vehicles, personnel,
training and wireless communications. In addition, the
recommendation includes $74,000,000 for a perimeter security
initiative. This initiative will enable the Department to
complete perimeter security upgrades at 59 posts in fiscal year
2002. The recommendation also includes $17,147,000 to support
an additional 186 positions in the Bureau of Diplomatic
Security, including 86 special agents and 19 security engineers
and technicians. This staffing increase will ensure that
sufficient resources are allocated to address continuing high
threat levels overseas, to improve the management of overseas
security improvement programs, and also to maintain domestic
protective and other responsibilities. Finally, the
recommendation includes $47,265,000 for the Department's global
security and law enforcement mission. The Department shall
submit a detailed spending plan by December 31, 2001, for the
entire amount provided for worldwide security upgrades.
Carrying out the recommendations of the Overseas Presence
Advisory Panel (OPAP).--The Committee expects the Department to
continue efforts to implement the recommendations of the OPAP
issued in November, 1999. Some recommendations are limited to
changes within the Department, but others call for interagency
mechanisms to better coordinate, rationalize and manage the
overall deployment of U.S. Government personnel overseas. The
Committee has directed the Department over the last several
years to take various measures to rationalize staffing levels
and to align staffing with foreign policy objectives. Those
efforts have borne few results, largely because the Department
does not have the authority to overrule other agencies'
decisions regarding overseas presence. The Committee remains
convinced that the proliferation of overseas staff without
regard to mission priorities and the duplication of effort
overseas due to the absence of interagency coordination remain
significant problems. The Committee also agrees with the OPAP
that right-sizing can result in significant overall budget
savings by reducing the size of overstaffed posts. The
Department shall submit a report to the Committee before
November 30, 2001, laying out an interagency methodology,
timetable and spending plan to extend an effective right-sizing
analysis to all posts worldwide. The continuing support of the
Committee for increased resources will be contingent upon the
accomplishments of the Department in response to the mandates
of the Panel, particularly in regard to right-sizing the
American overseas presence and improvements in the management
of overseas property. These issues are also discussed under the
Embassy Security, Construction and Maintenance account.
Border Security Program.--The Department's budget
submission includes funding of $414,174,000 for the
Department's Border Security program, to be entirely funded
through collection of Machine Readable Visa (MRV) fees. This
level of operations includes a program increase of 71
positions, reflecting projected workload increases in relation
to visa applications, passport adjudications, citizen services
and associated management. Based on information from the
Department, the Committee expects there to be $112,000,000 in
carryover funds from fiscal year 2001 available to support the
fiscal year 2002 program, and has included language capping
expenditure of fees collected in fiscal year 2002 at
$323,000,000, with funds collected in excess of that amount
available for expenditure in fiscal year 2003. This is
consistent with the way offsetting fee collections are treated
throughout the bill, and assures that the Congress has the
ability to monitor how these funds are being expended. The
Committee expects the Department to work with the INS to review
the implementation of visa laws, as described under Title I of
this report. The Committee continues to support Bureau of
Consular Affairs efforts to implement the diversity visa
program.
Trafficking in Persons.--The Committee is concerned about
the serious and growing problem of international trafficking in
persons. The Committee notes the important role given to the
Department to monitor and combat trafficking in persons in the
Victims of Trafficking and Violence Protection Act of 2000
(Public Law 106-386). The Committee recommendation includes
$2,000,000 for costs of operating an office within the
Department to conduct programs to monitor and combat
trafficking in persons. The Committee expects to receive a
proposal via the reprogramming process to establish such an
office during fiscal year 2001, pursuant to section 105(e) of
Public Law 106-386. The Committee recommendation also includes
an additional $1,800,000 for the costs of an international
conference on combating sex trafficking to be held in
Washington, DC. Such a conference would bring additional
international attention to the issue and be an opportunity for
international networking and information sharing and a forum to
develop international plans of action on prevention,
prosecution and protection. The Committee expects that uses of
this funding will include support for the participation of
individuals from other countries who would be unable to attend
without such support.
Minority Recruitment and Hiring.--The Department is
directed to provide $1,500,000 to continue its educational
partnership begun in fiscal year 2001 with Hostos Community
College and Columbia University in New York. This model program
will support the Department's ongoing efforts to increase
minority hiring and diversity by facilitating the preparation
of non-traditional and minority students for careers in the
Foreign Service and the State Department. The Committee also
notes that the Department has identified additional continuing
base funding of at least $2,000,000 to improve efforts to
recruit members of minority groups for careers in the Foreign
Service and international affairs. The recommendation includes
resources to continue these efforts, including an ongoing
partnership with Howard University.
Diplomatic Telecommunications Service/Program Office (DTS/
PO).--The Committee recommendation includes requested funding
for the continuing costs associated with the management of the
nation's overseas communications infrastructure. The Committee
is concerned about ongoing problems with the management of this
program. The expenditure of any amount above the current year
funding level in fiscal year 2002 will be subject to
reprogramming under Section 605 of this Act.
Africa Policy/Sudan.--The Committee is concerned about the
lack of sufficient attention to foreign policy issues regarding
Africa, and supports the Department's efforts to improve the
effectiveness of its diplomatic efforts in the region. The
Committee expects the Department to conduct a top-to-bottom
review of Africa policy, and communicate the revised regional
policy priorities to the Committee. The Committee expects the
Department to take all necessary actions to help bring about an
end to the conflict in Sudan, including the naming of a special
envoy.
Egypt.--The Committee is troubled by the deteriorating
human rights situation in Egypt. In particular, religious and
ethnic minorities, especially the Copts, are in certain
circumstances denied equal treatment by law and in practice by
Government of Egypt officials. The Committee is concerned by
reports that the Coptic community must obtain permission
directly from the President of Egypt before constructing new
churches. The Committee also is alarmed at government-
sanctioned anti-Israeli and anti-Copt press activities, and at
the sentencing of leaders of the human rights community in
Egypt to long prison terms on questionable charges. The
Committee urges the Department to exercise every opportunity to
encourage Egypt to grant the same basic rights to all citizens.
Embassy Bombings.--The Committee directs the State
Department and the Justice Department to ensure that victims of
the Nairobi and Dar es Salaam Embassy bombings receive the
maximum services and compensation allowable under all existing
authorities, including new regulations that are currently being
drafted by the Justice Department in response to last year's
Victims of Trafficking and Violence Protection Act.
Lebanon.--The Committee expects that within the amount
provided under this heading, the Department will allocate the
necessary amount to complete funding for a memorial at the U.S.
Embassy in Beirut honoring the Americans killed in the bombing
of the U.S. Marine barracks on October 23, 1983.
Overseas Schools.--The Committee commends the Consolidated
Overseas Schools Assistance Program for its accomplishments in
improving educational opportunities for dependent children of
American families living abroad. The program fulfills the dual
purpose of providing a quality, American-style education for
children of Americans assigned overseas and demonstrating the
best practices in American education to children of other
countries and local educators. The Committee also commends the
continuing contribution of the Overseas Schools Advisory
Council and its annual Program of Educational Assistance that
helps to provide educational excellence to American-sponsored
overseas schools. In addition, the Council successfully
promotes financial and in-kind support to these schools from
American businesses and foundations, as well as volunteer
participation in activities of the schools by U.S. firms'
employees and their spouses stationed overseas.
Office of Defense Trade Controls (ODTC).--The Committee
notes that concerns continue to arise regarding delays in the
processing of export licenses by the ODTC despite significant
funding increases over the past few years. The Committee is
particularly concerned by reports of a lack of support given to
small companies, delays by the various agencies involved in
rendering decisions, and unresponsiveness to requests for
status reports on pending applications. The Committee expects
ODTC to examine its procedures, and redirect resources to
address these areas of concern.
Extradition.--The Committee expects the Department to work
with the Department of Justice to bolster efforts to negotiate
effective extradition treaties.
The Committee has included language in the bill, similar to
language in prior years, which: (1) permits not to exceed
$4,000,000 to be transferred to the Emergencies in the
Diplomatic and Consular Service account for emergency
evacuations and terrorism rewards; (2) provides $1,343,000 in
fees collected from other Executive Branch agencies and
$490,000 from reserves for lease or use of facilities at the
International Center Complex, as authorized by law; (3)
provides not to exceed $15,000 from reimbursements, surcharges,
and fees for use of Blair House facilities in accordance with
the State Department Basic Authorities Act of 1956; (4)
requires notification of Congress before processing licenses
for the export of satellites to China; and (5) makes not to
exceed $6,000,000 in fee collections available until expended
for various activities. The recommendation does not include
requested language to permanently authorize the collection of
MRV fees, or language allowing spending of certain fee
collections.
capital investment fund
The Committee recommends $210,000,000 for the Capital
Investment Fund, $113,213,000 above the fiscal year 2001 level
and the same as the request. In addition, the budget request
estimates that an additional $63,000,000 in expedited passport
fees will be used to support the information technology
modernization effort, for a total fiscal year 2002 spending
availability of $273,000,000.
The entire amount available under this heading, including
fees, will support investments in new information technologies
and infrastructure to improve the efficiency of Department
operations. The total amount available, $273,000,000,
represents an increase of $215,959,000, or 379 percent above
the comparable fiscal year 2001 level for new technology
investments. Costs associated with information technology
operations and maintenance, formerly supported by amounts under
this heading, are instead included under the Diplomatic and
Consular Programs account, as requested. The recommended level
under that account includes $102,746,000 for operations and
maintenance activities formerly funded under this heading.
The Committee recommendation provides the full requested
amounts for two major technology initiatives:
--$106,600,000 for the Classified Connectivity
Project. This amount will enable the Department to
replace obsolete computer and communications equipment
that posts use for classified operations.
--$109,631,000 for the OpenNet Plus project. This
amount will enable the Department to undertake, and
complete, the expansion of desktop Internet access to
all Department employees worldwide.
The Committee notes that the Department plans to use only
$650,000 during fiscal year 2002 to establish a common
information technology platform at overseas posts, highlighted
by the Overseas Presence Advisory Panel as a critical
information technology priority. The Committee expects the
Department to continue to work to correct this impediment to
communications among agencies and among posts. Should
additional funding become available under this account, the
Committee encourages the Department to reprogram funds, as
needed, to this activity, in accordance with section 605 of
this Act.
The amount provided under this heading, when combined with
expedited passport fees, the portion of Machine Readable Visa
fees used for consular affairs technology improvements, and
amounts for information resource management in other
Administration of Foreign Affairs accounts, results in a
Department-wide information resources budget of $782,979,000.
This represents approximately 18 percent of the Department's
total operating budget--a larger percentage than is allocated
to the Diplomatic Relations, Public Diplomacy, or Consular
Relations functions.
The Committee is concerned that this increasing allocation
of resources to technology infrastructure is not clearly linked
to quantifiable achievements and efficiencies, either overseas
or domestically. The Committee directs the Department to
submit, by December 31, 2001, a detailed list of measurable
performance targets under the two major initiatives in this
account, a corresponding implementation timetable, and specific
efficiencies and savings that will result.
office of inspector general
The Committee recommends $29,264,000 for the Office of
Inspector General (OIG), which is $837,000 above the current
year level and the same as the request. The Inspector General
conducts oversight at the State Department and the Broadcasting
Board of Governors. The Committee recommendation includes
funding for OIG oversight of the Department's efforts to
implement worldwide security upgrades.
The Committee recommends that the Inspector General
exercise appropriate oversight over the programs for
International Commissions and International Broadcasting funded
under this title.
The bill includes language, as in previous years, waiving
the statutory requirement that every post be inspected every
five years, in order to provide greater flexibility to the
Inspector General to use resources in the most productive
areas. Despite this waiver of the statutory requirement, the
Committee understands that the OIG is renewing its commitment
to review and evaluate embassies, missions and bureaus every
five years. The Committee expects that the OIG can begin to
meet this goal by re-engineering its inspection processes and
reprioritizing within the existing level of resources, making
continuation of the waiver unnecessary in future years.
educational and cultural exchange programs
The bill includes a total of $237,000,000 for the
Educational and Cultural Exchange Programs of the Department of
State. This amount is $5,922,000 above the fiscal year 2001
level, and $5,000,000 below the budget request. In addition to
the amount provided under this heading, the Department expects
to receive transfers from accounts in other appropriations acts
for exchange programs with nations of east and central Europe,
and of the former Soviet Union. In fiscal year 2001, the
Department expects to obligate an additional $152,000,000 in
this account for such programs.
Funding provided under this heading supports international
educational and cultural exchange programs, including the
Fulbright student and scholar exchanges and the International
Visitors Program, as well as staff costs to implement these and
other exchange programs. To the maximum extent possible, the
Committee urges that the following exchange programs be
supported: the Congress-Bundestag youth exchange program, the
disability exchange clearinghouse, foreign study grants for
U.S. undergraduates, educational advising and counseling,
citizen exchange programs, interparliamentary exchanges with
China and Korea, youth science leadership exchanges, American
overseas research centers, regional scholar exchanges, and
student exchanges with Tibet, the South Pacific and East Timor.
With respect to the Congress-Bundestag Program, the Committee
intends that the amount provided will support 380 exchanges in
fiscal year 2002, the same level as in fiscal year 2001.
The Committee also anticipates that the Department may
propose to continue support for the North/South Center under
this account. The Committee encourages the Department to
consider reducing the funding level for this sole-source award
to a non-governmental organization affiliated with a
university. The Center started receiving a direct subsidy from
the Federal government in 1991. Since that time, the Federal
government has provided $45,295,000 for its operations. Prior
to 1991, the Center operated on private funding, and competed
for and received project-specific Federal grants. The Committee
notes that the Center can solicit contributions and can compete
for other Federal grants to support its activities.
With respect to exchanges with the newly independent states
of the former Soviet Union (NIS), the Committee expects that
funding provided under this heading shall be allocated in
recognition of the amounts available for similar programs via
transfer from other appropriations. The Committee is concerned
that amounts provided in other appropriations acts and
transferred to this account are resulting in significant
geographical resource inequalities that do not correspond with
worldwide policy priorities. The Committee notes that as a
result of such transfers, over 57 percent of the total funding
available for Exchange Programs in fiscal year 2000 was
allocated to programs for Europe and the former Soviet Union.
The Committee expects the Department to certify to the
Committee that no more than 25 percent of the amount provided
under this heading for fiscal year 2002 shall be for exchange
programs with Europe and the former Soviet Union.
The Committee expects that a proposal for the programmatic
distribution of available resources (including unobligated
balances and recoveries) will be submitted through the normal
reprogramming process within 60 days from the date of enactment
of this Act. The Committee expects that the overall funding
distribution will conform to the geographical guidelines
described in the previous paragraph.
The Committee supports the continuation of graduate
exchange fellowships with the former Soviet Union. Should the
amount transferred from other appropriations for this activity
decline in fiscal year 2002, the Committee would support an
allocation within the spending plan from amounts available
under this heading.
The Committee notes that funding provided under this
account supports the Working Group on United States Government
Sponsored International Exchanges and Training. This Working
Group is charged with identifying the most efficient and cost-
effective uses of Federal resources for international
exchanges. The Committee encourages the Working Group and the
Department to ensure interagency cooperation and efficiency,
and to identify unnecessary duplication in carrying out all
exchange programs, particularly those with the independent
states of the former Soviet Union.
The Committee recommendation includes a limitation of not
to exceed $2,000,000 on the use of fees or other payments
received from or in connection with English teaching,
educational advising and counseling, and exchange visitor
programs as authorized by law.
The Committee is aware of an international initiative to
develop and implement new technologies to deliver higher
education and training content from American institutions to
Africans. The Committee believes this initiative could have
significant potential benefits to African workforce development
and competitiveness in the global economy. The Committee
encourages the Department to consider supporting international
exchanges that are designed to advance this initiative.
The Committee also encourages the Office of Citizen
Exchanges to consider proposals through competitive grant
processes for grant awards to support programs that build
linkages between American and foreign musicians and musical
institutions.
The Committee supports efforts to increase competition in
awarding grants to administer exchange programs. Increasing
competition will allow more organizations to compete, including
those having expertise in specific regions of the world, and
may lead to the achievement of significant efficiencies.
Maximizing the number of grants that are subject to open
competition also ensures that the most meritorious applications
are funded. The Committee encourages the Department to continue
efforts to expand competition in all exchange programs.
The Committee notes that exchange programs owe their
success in great measure to the partnerships that exist between
the Federal government and private, nonprofit U.S.
organizations, as such programs are carried out through grants
and cooperative agreements. The Committee urges the Department
to renew and sustain the existing partnerships with U.S.
exchange organizations, and to fully use the expertise and
experience of such organizations.
representation allowances
The Committee recommends $6,485,000 for representation
allowances authorized by section 905 of the Foreign Service Act
of 1980. This is the same as the amount available in the
current fiscal year and $2,515,000 below the budget request.
These funds are used to reimburse Foreign Service Officers for
expenditures incurred in their official capacities abroad in
establishing and maintaining relations with officials of
foreign governments and appropriate members of local
communities.
protection of foreign missions and officials
The Committee recommends a total of $9,400,000 for the
Protection of Foreign Missions and Officials account. This is
$6,033,000 below the amount available in fiscal year 2001 and
$600,000 below the budget request.
This account reimburses local governments and communities
for the extraordinary costs incurred in providing protection
for international organizations, foreign missions and
officials, and foreign dignitaries under certain circumstances.
The Committee believes that local jurisdictions incurring such
costs must submit a certified billing for such costs in
accordance with program regulations. The Committee also
believes that in those instances where a local jurisdiction
will realize a financial benefit from a visit by a foreign
dignitary through increased tax revenues, such circumstances
should be taken into account by the Department in assessing the
need for reimbursement under this program. The Committee
expects the Department to treat such submissions diligently and
provide reimbursement to local jurisdictions on a timely basis
if claims are fully justified.
Of the total amount recommended, $1,300,000 is available
for protection of foreign diplomats and their families
throughout the United States. The Foreign Missions Act of 1982
authorizes the provision of such services when necessary either
at the request of a foreign mission or on the initiative of the
Secretary of State. In these situations, where State and local
authorities cannot provide the security required, the Act
permits the Department of State to employ the services of
private security firms.
Of the total amount recommended, $8,100,000 is allocated to
reimburse New York City for the protection of foreign missions
and officials accredited to the United Nations and other
international organizations. These funds provide for the costs
of guard posts and security escort and motorcade services to
foreign missions and personnel assigned to the United Nations.
The bill includes language making these funds available
until September 30, 2003, as requested in the budget.
embassy security, construction, and maintenance
The Committee recommends a total appropriation of
$1,285,960,000 for Embassy Security, Construction, and
Maintenance. This is $208,360,000 above the amount available in
fiscal year 2001 and $5,046,000 below the budget request. The
recommendation designates $815,960,000 as available only for
priority worldwide security upgrades, acquisition, and
construction, the full amount requested for such activities.
The recommendation includes $470,000,000 for non-security
related costs, which is $53,941,000 above fiscal year 2001 and
$5,046,000 below the budget request.
This account provides funding to the Department to manage
U.S. Government real property worth more than $10,000,000,000
in over 200 countries, including maintaining 3,000 Government-
owned and long-term leased properties at 250 posts and leasing
approximately 1,100 office and functional facilities and 8,000
residential units, not only for the Department of State, but
for all U.S. employees overseas. The Department's latest
inspection survey identified in excess of 4,200 maintenance and
repair needs, as well as major rehabilitation requirements. The
Committee recommendation assumes that at least $5,046,000 in
unallocated carryover balances and recoveries will be available
in fiscal year 2002 to allow the Department to carry out the
activities under this heading at requested funding levels.
Worldwide Security Upgrades.--The Committee recommendation
includes $815,960,000 for security projects, the full amount
requested, including $665,000,000 for the security capital
program. The budget request indicated that this amount would
provide for the design and/or construction of approximately
seven facilities. The Committee notes that the Department has
recently notified the Committee of significant downward
adjustments to earlier total funding estimates for a number of
capital security projects. The Committee therefore expects the
Department to exceed the level of activity projected in the
request.
The Committee is concerned by the Department's requests to
reprogram funds under this activity for projects that do not
address top priority security vulnerabilities and for projects
that will not result, when complete, in a facility that meets
existing security standards. The Committee recommendation for
fiscal year 2002 includes funding for the non-security capital
program (discussed below). The Committee expects that such
projects will be funded from that source in the future, and
that worldwide security funds will be used for the purposes
established in law.
The recommendation does not designate amounts for U.S.
Agency for International Development facilities, as was
requested. Instead, the Committee intends that the entire
amount provided for the security capital program shall be
allocated for projects at posts that are determined by the
Department to be most in need of secure facilities. The
Committee expects that the Department will continue to report
to the Congress on its findings in this regard. The Committee
expects that a proposed spending plan for the entire amount of
available resources provided for worldwide security upgrades
will be submitted through the normal reprogramming process
within 60 days from the date of enactment of this Act. The
Committee expects the Department to notify it immediately if
there are any facilities that the Department believes face
serious security risks.
Capital Program.--The Committee recommendation includes
$19,000,000 for the non-security capital program. The Committee
does not designate this funding specifically for the
construction of a classified annex in Colombia, as was proposed
in the request. The Committee is aware of several additional
non-security capital funding needs, including projects that
correspond with proposed post openings, that may be priorities
for funding under this activity. The Committee expects the
Department to propose an allocation of this funding through the
normal reprogramming process.
Physical Security Upgrades.--The Committee recommends
$5,920,000 for physical security upgrades, the amount in the
budget request. This amount does not include any new funding
for the Department's share of a joint program to acquire living
quarters to enable the deployment of Marine Security Guards to
selected posts that currently lack such support.
Administration.--The Committee recommendation includes
$23,396,000 for administration costs associated with programs
under this heading, the same as the requested amount. The
Committee understands that this amount will support the
maintenance of existing staffing levels and will not be used
for the creation of new positions.
Responding to the Recommendations of the Overseas Presence
Advisory Panel.--The Committee directs the Department to
continue to vigorously implement the recommendations of the
Overseas Presence Advisory Panel (OPAP) that pertain to the
security of facilities, management of overseas property, and
the size and location of overseas posts.
All diplomatic facility construction and major
renovation/rehabilitation projects funded under this account,
including from assets management funds, shall result in
facilities that fully comply with the Department's security
standards.
The Committee notes the Department's failure to
submit a plan to implement the Panel's recommendation to
establish a new federally chartered government corporation to
exercise responsibility for building, renovating, maintaining,
and managing the Federal Government's civilian overseas
facilities, as directed the fiscal year 2001 Conference Report.
The Committee understands that the Department has rejected this
recommendation of the Panel without further study or review.
The Committee approved the Department's proposal to realign the
reporting chain for the Office of Foreign Buildings Operations,
so that the Office now reports directly to the Undersecretary
for Management. The Committee now expects the Department to
continue to develop organizational improvements to ensure the
efficient conduct of the U.S. Government's overseas real estate
function, and to propose such changes to the Committee. A
reliance on personnel changes as a substitute for fundamental
organizational changes increases the likelihood that the
problems identified in the Panel's report will persist over
time. The Committee expects the Department to submit a report
by no later than January 15, 2002, outlining a comprehensive
plan for organizational and structural changes to the
Department's foreign buildings function, including a plan to
ensure that all agencies represented overseas share in the cost
of overseas facilities, and to emulate private sector best
practices in contracting and human resources management.
The Committee is disappointed at the Department's
failure to make discernable progress in the pursuit of an
Administration-wide process of determining the right size and
makeup of overseas posts. In testimony before the Committee,
the Department reported that the right-sizing process proposed
by the Panel is not workable. The continued absence of any
systematic control over the size and growth of Federal
department and agency presence outside of the United States
ensures the misallocation and waste of resources. Past
initiatives to improve the situation, including the
Department's Overseas Staffing Model, have been wholly
unsuccessful, and have served no purpose other than to be
manipulated to support justifications for further staffing
increases. The cost implications of a continuing failure to
right-size are enormous. It costs two to three times as much to
maintain an employee outside of the United States as it does
within the United States. The Committee is convinced, and
agrees with the Overseas Presence Advisory Panel, that
rationalizing staffing and operations abroad has the potential
for large budgetary savings. The justification for all
facilities projects funded under this account must include a
full explanation of regional efficiency and security planning,
and related staffing assumptions, and such projects will not be
approved for funding absent evidence of the application of a
uniform right-sizing methodology.
Assets Management.--The budget request designates
$95,615,000 in assets management funds planned for expenditure
in fiscal year 2002. The Committee expects that these funds
will be used for opportunity purchases to replace uneconomical
leases and for other priority capital acquisition purposes. In
addition, as in previous years, the Committee expects that
assets management funds will continue to be allocated in part
to security construction needs. Any use of these or additional
assets management funds in fiscal year 2002 is subject to
reprogramming. In addition, with respect to the requirement
that a reprogramming for any major new start be submitted, the
Committee understands that requirement to mean that
rehabilitation or construction of projects involving
ambassador's residences will be subject to the requirement.
The recommendation includes language, as requested,
reflecting the renaming of the State Department Headquarters
building, but does not include a requested minor technical
change to a citation. The recommendation continues language
carried in the bill in previous years that prohibits funds from
being used for acquisition of furniture and furnishings and
generators for other departments and agencies.
emergencies in the diplomatic and consular service
The Committee recommends $10,000,000 to enable the
Secretary of State to meet unforeseen emergencies arising in
the Diplomatic and Consular Service. This amount is $4,535,000
above the amount available in fiscal year 2001 and $5,500,000
below the budget request. The Committee does not provide the
full requested increase, and notes that the Department had
$5,500,000 in carryover funding available in fiscal year 2001.
The Committee funding recommendation anticipates at least
$3,000,000 of carryover into fiscal year 2002. Funding provided
in this account is available until expended.
The Committee has included a provision in the bill that
permits up to $1,000,000 to be transferred from this account to
the Repatriation Loans Program account, as requested in the
budget. This provision will ensure an adequate level of
resources for loans to American citizens through the
Repatriation Loans Program account should that account require
additional funds in fiscal year 2002 due to an unanticipated
increase in the number of loans.
This appropriation provides resources for the Department of
State to meet emergency requirements in the conduct of foreign
affairs. The Committee recommendation provides funds for: (1)
travel and subsistence expenses for relocation of American
employees of the United States Government and their families
from troubled areas to the United States and/or safe-haven
posts; (2) allowances granted to State Department employees and
their dependents evacuated to the United States for the
convenience of the Government; and (3) payment of rewards for
information concerning terrorist activities.
repatriation loans program account
The Committee recommendation includes $612,000 for the
subsidy cost of repatriation loans, which is $22,000 above the
amount available in the current fiscal year and the same as the
budget request, and $607,000 for administrative costs of the
program as authorized by 22 U.S.C. 2671, which is $4,000 above
the amount available in the current fiscal year and the same as
the budget request.
This account provides emergency loans to assist destitute
Americans abroad who have no other source of funds to return to
the United States.
payment to the american institute in taiwan
The Committee recommends $17,044,000 for the appropriation
entitled ``Payment to the American Institute in Taiwan''. This
amount is the same as the budget request and $735,000 above the
current year amount. The recommendation provides for the
Institute's pay and inflationary base adjustments. In addition,
the Institute is authorized to collect Machine Readable Visa
fees, which are expected to generate an additional $12,000,000
in revenues in fiscal year 2002, as well as reimbursements from
agencies and user fees from trade show exhibitors.
The Committee expects that the American Institute in Taiwan
(AIT) will cover anticipated operating expenses in fiscal year
2002 through a combination of appropriations and visa fee
revenues, and encourages the Institute to continue to pursue
cost saving measures. The Committee expects the Department to
submit by December 31, 2001, an AIT spending plan for fiscal
year 2002, indicating the total amount of estimated fee
collections, the amount of such fee collections allocated for
operating expenses, and the total amount planned for operating
expenses from all funding sources.
The Taiwan Relations Act requires that programs concerning
Taiwan be carried out by the American Institute in Taiwan and
authorizes funds to be appropriated to the Secretary of State
to carry out the provisions of the Act. The Institute
administers programs in the areas of economic and commercial
services, cultural affairs, travel services, and logistics. The
Department of State contracts with the American Institute in
Taiwan to carry out these activities.
payment to the foreign service retirement and disability fund
The Committee recommends $135,629,000 for the appropriation
entitled ``Payment to the Foreign Service Retirement and
Disability Fund''. This amount is the full budget request and
is $4,405,000 above the amount appropriated for the current
fiscal year. The amount provided in the Committee
recommendation is required to amortize the unfunded liability
in the system, as documented by the annual evaluation of Fund
balances.
This appropriation, which is considered mandatory for
budget scorekeeping purposes, is authorized by the Foreign
Service Act of 1980, which provides for an appropriation to the
Fund in 30 equal annual installments of the amount required for
the unfunded liability created by new benefits, new groups of
beneficiaries or increased salaries on which benefits are
computed. The Retirement Fund is maintained through
contributions by participants; matching government
contributions; special government contributions, including this
account; interest on investments; and voluntary contributions.
International Organizations and Conferences
contributions to international organizations
The bill includes a total of $850,000,000 for payment of
the obligations of United States membership in international
organizations as authorized by conventions, treaties, or
specific Acts of Congress for fiscal year 2002. This is
$18,917,000 below the amount available in the current fiscal
year and $28,767,000 below the request.
The amount provided in the bill is intended to cover
anticipated assessments for membership in international
organizations, including the United Nations. In addition, the
amount provides the requested levels for assessments for
membership in the North Atlantic Treaty Organization and the
related North Atlantic Assembly, International War Crimes
Tribunals for Rwanda and the former Yugoslavia, the
Organization of American States, and the Pan American Health
Organization, among others.
Over the past several months, estimates of the amount
required to cover fiscal year 2001 assessments have varied
based on the most recent foreign currency exchange rates for
the dollar, which has risen in value since the budget request
was formulated. The Committee recommendation is based on a
downward adjustment of the fiscal year 2002 request by
$10,000,000 based on exchange rate fluctuations, and also
reflects the application of an estimated $15,267,000 in
available balances from fiscal year 2001 that the Committee
directs the Department to apply to the fiscal year 2002
assessment for the United Nations regular budget.
The Committee notes, with approval, the Department's recent
actions to formally withdraw from certain international
organizations where continued U.S. participation was determined
to be a low priority in the context of overall U.S. national
interests. The Committee continues to support the comprehensive
reassessment of U.S. membership in each of the 50 international
organizations for which funding is requested under this
account.
The recommended funding level does not include $3,500,000
requested to fund future renovations to the Organization for
Economic Cooperation and Development (OECD) headquarters
building in Paris. The Committee is not convinced of the need
for the United States to assume the largest funding share for
an undefined capital project in Paris with costs that could
exceed $200,000,000. The Committee expects to review detailed
plans, cost estimates, and potential financing methods through
the reprogramming process before any funds are expended for
this project.
The Committee notes that the Department's request includes
$12,011,000 for anticipated assessments for the International
Civil Aviation Organization (ICAO). The Committee understands
that this funding may not be necessary, due to the payment of
2001 United States assessments from amounts appropriated for
the Federal Aviation Administration. The payment from this
account of any fiscal year 2002 funds for ICAO assessments will
be subject to the reprogramming requirements in section 605 of
this Act. Any such reprogramming shall include a report to the
Committee on the final status of fiscal year 2001 assessment
payments from all sources.
The Committee notes that the Department will continue to
revise the fiscal year 2001 operating budget and the fiscal
year 2002 request over the next few months, and expects that
those changes will result in significant additional savings to
allow the Department to live within the recommended level and
still pay, in full, all approved assessments.
The Committee continues to insist on reform as the highest
priority for all of the international organizations, including
the maintenance of zero nominal growth budgets and the
development of processes to evaluate and terminate programs.
The Committee believes that the onus is on each international
organization and the State Department representatives to those
organizations to reduce overall budgets and eliminate
duplicative activities, excessive administrative costs, and
inefficient operations.
As indicated, the funding level assumes full payment of the
U.S. assessment to the United Nations regular budget, as has
been provided every year since fiscal year 1989. This
assessment is estimated at $266,244,000 for calendar year 2001.
In order to assure that the United Nations lives up to the
fiscal discipline that the Congress has insisted upon, the bill
contains language, similar to that carried last year and in
previous fiscal years, and proposed for deletion, that
conditions release of $100,000,000 of the current year
assessment for the United Nations on a certification by the
Secretary of State that the United Nations has taken no action
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 its 2000-
2001 budget of $2,535,700,000. The Committee directs the
Department to continue its policy of insisting on the
maintenance of zero nominal growth budgets in the United
Nations and other international organizations. Any planned
exception to this policy should be communicated to the
Committee far in advance of the formal consideration and
adoption of such an exception.
The Committee continues to believe that additional reforms
are required at the United Nations and other international
organizations. The Committee directs the Department to insist
on maintaining any reforms that have been achieved to date and
to report to the Committee on any actions taken that threaten
the maintenance of such reforms, including the maintenance of
reduced staffing levels at the United Nations.
The Committee is deeply concerned by the secret ballot vote
of U.N. member nations to keep the United States off the U.N.
Human Rights Commission. The exit of the United States, and the
election at the same time of the Government of Sudan,
effectively cancels the ability of the United Nations to speak
or act with credibility on human rights issues. The Committee
views this vote as part of a continuing effort by nations that
routinely violate human rights to escape scrutiny. The
Committee expects the Department to work to regain full United
States membership on the Human Rights Commission. The Committee
notes that despite being voted off, the United States will
continue to be assessed for the largest financial share of the
U.N.'s human rights activities. At current year levels, the
United States annual share of assessed costs for U.N. human
rights activities is approximately $4,300,000. The Committee
encourages the Department to consider making the payment of
such funds in fiscal year 2002 contingent upon the U.N.
discontinuing the use of secret ballots. The Committee also
encourages the Department to consider the establishment of a
coalition of democratic states at the United Nations to more
effectively promote the rule of law and human rights. Adherence
to universal standards of democracy and human rights should be
among the criteria for membership in such a coalition.
The recommendation includes full requested funding for the
international criminal tribunals for Rwanda and Yugoslavia. The
Committee notes a continuing failure to budget accurately for
the costs of these activities. The actual fiscal year 2001
appropriations requirement for assessed contributions for these
Tribunals is $32,312,000 less than the Department's
corresponding budget requests under this account and under the
Contributions for International Peacekeeping Activities
account. The Committee is dismayed at the possibility that U.S.
payments to the Tribunals could end up in the pockets of
accused war criminals or their families in the form of
kickbacks from Tribunal attorneys, as reported by the U.N.'s
Office of Internal Oversight Services. The Committee expects
the Department to confirm the cessation and vigorous
prosecution of these abuses and report back to the Committee.
The Committee also expects the Department to work with the U.N.
to ensure the establishment and maintenance of strong internal
controls at the Tribunals.
The Committee continues to support the work done by the Pan
American Health Organization (PAHO). PAHO has continued to take
the lead in health issues, including border health concerns and
emerging diseases that have an impact on citizens of the United
States and all citizens of the Americas. The Committee
encourages the Department to continue to support PAHO's
efforts.
In addition, the bill includes language carried in previous
years stating that any payment of arrearages under this Title
shall be directed toward special activities that are mutually
agreed upon by the U.S. and the respective international
organization.
CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES
The Committee recommendation includes $844,139,000 for
United States payments for Contributions for International
Peacekeeping Activities for fiscal year 2002, the same amount
available in fiscal year 2001 and the same as the amount
requested in the budget.
The Committee recommendation provides for the payment of
anticipated fiscal year 2002 assessments for United Nations
(U.N.) peacekeeping missions.
The Committee is particularly concerned about the future of
the UNAMSIL mission in Sierra Leone. The Committee did not
oppose the expansion of UNAMSIL to 17,500 troops with the
understanding that the current concept of operation assumes the
beginning of U.N. occupation of RUF-controlled diamond
producing areas before the expiration of the current six-month
mandate. In light of the tragic consequences of past UNAMSIL
failures, the Committee intends to closely monitor the progress
of this mission, and to hold the U.N. and the Department
accountable for achieving the goals of the new concept of
operation.
The Committee is also concerned about the continuing lack
of any demonstrable progress resulting from the MINURSO mission
in Western Sahara, despite an enormous investment of funds over
the past decade. The Committee notes that the Secretary General
and his Personal Envoy both recently recommended that the
settlement plan upon which MINURSO is based should be put on
hold. The Committee urges the Department to work to encourage a
negotiated settlement to the dispute, and a re-evaluation of
the U.N. peacekeeping presence.
The establishment of several large, complex missions over
the past two years has overtaken the capacity of the U.N. to
plan and manage such operations successfully. The Brahimi
report last year addressed many deficiencies in U.N.
peacekeeping efforts, including problems in doctrine, strategy,
decision-making, planning, deployment, support and information
technology. The Committee supports efforts to improve the
performance and efficiency of U.N. peacekeeping missions
through structural and procedural reforms. The Committee also
supports efforts to better limit and focus the goals of such
missions, and to set specific benchmarks for performance and
mission termination.
Finally, the Committee acknowledges the efforts of the
United Nations Office of Internal Oversight Services (OIOS) to
identify waste, fraud and abuse with regard to peacekeeping
operations, and to recommend specific reforms to ensure that
such practices are brought to an end. The Committee directs the
Department to provide the necessary support to ensure that the
work of the OIOS is maintained and strengthened as it relates
to oversight of peacekeeping operations.
The bill retains language carried in previous years
requiring 15-day advance notice of any new or expanded mission,
together with a statement of cost, duration, exit strategy,
vital national interest, and source of funds to pay the cost.
The bill also retains language requiring certification that
American manufacturers and suppliers are provided equal
procurement opportunities, and language prohibiting the use of
funds under this account for the costs of court monitoring. The
bill does not include requested language to make a portion of
appropriations under this account available for two fiscal
years.
International Commissions
INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES AND MEXICO
The bill includes a total of $30,225,000 for the
International Boundary and Water Commission, United States and
Mexico (IBWC). This amount is $199,000 above the amount
available in fiscal year 2001, and $2,881,000 less than the
total budget request for fiscal year 2002. The total amount
provided includes $24,705,000 for Salaries and Expenses and
$5,520,000 for construction. The recommendation does not
reflect the request to include operations and maintenance costs
in the construction account and instead includes those costs
under the salaries and expenses account. The recommendation
includes language authorizing not to exceed $6,000 for
representation expenses.
SALARIES AND EXPENSES
The Committee recommendation for the Salaries and Expenses
account is $24,705,000, which is $17,579,000 above the amount
available in fiscal year 2001 and $17,253,000 above the budget
request. The recommendation includes $17,199,000 in this
account representing the adjusted base funding level for
operations and maintenance. Within the amount provided, the
Committee expects the Commission to take the necessary actions
to maintain the flood warning system of the Nogales Wash
Project in the binational watershed. The Committee understands
that the cost of this maintenance is estimated to be less than
$5,000.
CONSTRUCTION
The Committee recommendation for IBWC construction provides
$5,520,000, which is $17,380,000 below the amount available in
the current fiscal year and$20,134,000 below the budget
request. Since the recommendation does not include operations and
maintenance costs, the recommendation does not include requested
language to add ``operations and maintenance'' to the allowable uses of
funds under this account.
The recommendation provides funding for ongoing projects as
follows: Boundary-wide construction--$2,226,000; Rio Grande
construction--$2,954,000; and Colorado River construction--
$340,000. Any reallocation of funding may be proposed to the
Committee under the reprogramming procedures set forth in
section 605 of this Act.
AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS
The Committee recommends a total of $10,311,000 to fund the
U.S. share of expenses of the International Boundary
Commission, the International Joint Commission, United States
and Canada, and the Border Environment Cooperation Commission
for fiscal year 2002. This amount is $3,585,000 above the
amount available in fiscal year 2001 and the same as the budget
request, and includes $989,000 for the International Boundary
Commission, $7,282,000 for the International Joint Commission
and $2,040,000 for the Border Environment Cooperation
Commission. The recommended funding level for the International
Joint Commission includes $3,432,000 for the second year costs
of a five-year study of the water regulation plan governing
Lake Ontario and the St. Lawrence River. The Committee
encourages the Commission to designate a portion of this
funding to develop a plan of study for reviewing additional
lake level controls in the Great Lakes system.
INTERNATIONAL FISHERIES COMMISSIONS
The Committee recommends a total of $19,780,000 to fund the
U.S. share of the expenses of twelve international fisheries
commissions or related organizations, as well as the travel
expenses of the United States commissioners. This amount is
$431,000 above the amount available in fiscal year 2001 and the
same as the budget request.
Other
PAYMENT TO THE ASIA FOUNDATION
The Committee recommends an appropriation of $9,250,000 for
payment to the Asia Foundation for fiscal year 2002, the same
as the budget request and $20,000 above the amount available in
fiscal year 2001. The Committee recommendation also includes a
minor technical change to a citation, as requested.
The Asia Foundation is a private, nonprofit institution,
the purpose of which is to stimulate Asian democratic
development and assist the peoples of Asian countries to shape
their own destinies.
EISENHOWER EXCHANGE FELLOWSHIP PROGRAM TRUST FUND
The Committee recommends an appropriation for fiscal year
2002 of interest and earnings from the Eisenhower Exchange
Fellowship Program Trust Fund, expected to total $500,000.
The Eisenhower Exchange Fellowship Act of 1990 authorized a
permanent endowment for the Eisenhower Exchange Fellowship
Program to increase educational opportunities for young leaders
in preparation for and enhancement of theirprofessional careers
and to advance peace through international understanding. The Act
established the Eisenhower Exchange Fellowship Program Trust Fund in
the United States Treasury for these purposes. A total of $7,500,000
has been provided to establish a permanent endowment for the program,
from which the appropriation of interest and earnings is provided to
Eisenhower Exchange Fellowships, Incorporated.
ISRAELI ARAB SCHOLARSHIP PROGRAM
The Committee recommends language in the accompanying bill
that will appropriate for fiscal year 2002 interest and
earnings of the Israeli Arab Scholarship Endowment Fund,
expected to total $375,000. A permanent endowment of $4,978,500
for the Fund was established in fiscal year 1992 with funds
made available to the United States Information Agency under
section 556(b) of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1990, as amended. The
income from the endowment is to be used for a program of
scholarships for Israeli Arabs to attend institutions of higher
education in the United States.
EAST-WEST CENTER
The Committee recommends an appropriation of $9,400,000 for
the costs of maintaining and operating the East-West Center.
This amount is $4,070,000 below the amount available in the
current fiscal year and $4,100,000 below the budget request.
The reduction from the current level and the request
reflects the Committee's desire to reduce the reliance of the
Center on a direct sole-source subsidy from the Federal
government. The Committee notes that the Center can solicit
contributions and can compete for other Federal grants to
support its activities.
The purpose of the Center is to promote better relations
and understanding between the United States and the nations of
Asia and the Pacific through cooperative programs of research,
study and training. The Center started receiving a direct
subsidy from the Federal government in fiscal year 1961.
NATIONAL ENDOWMENT FOR DEMOCRACY
The Committee recommends $33,500,000 for the National
Endowment for Democracy (NED) for fiscal year 2002, $2,569,000
above the amount available in fiscal year 2001 and $2,500,000
above the budget request. The Committee expects that funding
provided above the request will allow NED to provide additional
targeted grants to indigenous groups on the cutting edge of
Africa's dynamic democracy movement, including groups in Sudan
and the Democratic Republic of Congo.
The National Endowment for Democracy is a private, non-
profit corporation established to encourage and strengthen the
development of democratic institutions and processes
internationally through private-sector initiatives, training,
and other activities, including those which promote pluralism,
democratic governance, civic education, human rights, and
respect for the rule of law. The Endowment does not carry out
programs directly, but provides funding for projects which are
determined to be in the national interest of the United States
and which are administered by private organizations and groups.
RELATED AGENCY
Broadcasting Board of Governors
INTERNATIONAL BROADCASTING OPERATIONS
The Committee recommends $453,106,000 to carry out United
States International Broadcasting Operations for fiscal year
2002. The recommendation includes language and funding for
Broadcasting to Cuba under this account, instead of as a
separate account as provided in fiscal year 2001 and in the
request. The recommended level is the same amount as the
comparable budget request and $32,967,000 above the comparable
amounts available for international broadcasting operations in
fiscal year 2001. The increase above the 2001 level provides
all requested adjustments to base for all entities funded under
this account and full requested funding for the initiative to
expand and improve broadcasting to the Middle East.
Arabic Broadcasting to the Middle East.--The Committee
supports the Board's efforts to redefine and enhance the
effectiveness of Voice of America broadcasting in Arabic to the
Middle East. Including the existing base funding for VOA Arabic
broadcasting, additional resources reallocated through language
service review, and a program increase of $5,000,000, the
recommendation assumes total funding of at least $14,300,000
under this account for the Arabic broadcasting initiative.
Within this amount, the Committee expects the Board to place
the highest priority on initiating broadcasting to Sudan, and
the lowest priority on broadcasting to Iraq. The Committee
funding recommendation already includes base funding to
continue eight hours per day of Arabic broadcasting to Iraq by
Radio Free Europe/Radio Liberty. Additional requirements
associated with the Arabic broadcasting initiative are
discussed under the Broadcasting Capital Improvements heading.
The Committee believes that additional opportunities may exist
to allocate additional funding to this and other priority
initiatives, as described below.
Reprogramming of Exchange Rate Gains/Other Savings.--As in
past years, the Committee expects that there will be additional
savings available to the Board, including exchange rate gains
and vacancies in funded positions. The Committee notes that the
Board will have the ability to propose that savings be used for
additional requirements related to the Arabic broadcasting
initiative, broadcasting to China, and other emerging priority
programs, through the normal reprogramming process.
Language Service Review and Research.--The Committee
strongly supports the Board's efforts to objectively and
systematically review and evaluate the performance, results,
and importance of every U.S. Government-sponsored international
broadcasting language service and to propose corresponding
reallocations of funds. The Committee endorses this process as
a means to improve broadcast quality and meet emerging program
priorities within limited resources. The Committee notes that
through language service reviews in fiscal years 2000 and 2001
the Board expects to reallocate as much as $10,000,000 to
emerging priorities. The Committee supports the continuation
and expansion of this effort in fiscal year 2002 and expects
the Board to proceed with its plan to consolidate and
strengthen the research function to ensure that prioritization
decisions are based on the most complete and accurate data.
Accordingly, the Committee recommendation includes the
establishment of a central, enhanced, core research fund of
$5,000,000. The Committee encourages the Board to ensure that
foreign policy implications are given full consideration before
adopting language service review recommendations. The Committee
expects that the continuing language service review effort may
also result in the dedication of additionalresources to the
Arabic broadcasting initiative, broadcasting to China, and other
emerging priority programs, through the normal reprogramming process.
The recommendation provides funding for the principal
broadcasting entities as follows:
Voice of America.--The recommendation provides $139,910,000
for VOA. The Committee notes that this amount includes amounts
previously allocated separately for international television
broadcasting programs. The Committee continues to urge the
Board to undertake a top-to-bottom review of television-related
activities and eliminate lower-priority, less cost effective
programs. The Committee expects that such a review could result
in significant future savings. The overall recommended funding
level for VOA includes $9,526,000 above the fiscal year 2001
level to provide for requested adjustments to base and program
increases.
Radio Free Europe/Radio Liberty.--The recommendation
provides the full requested amount of $68,697,000 for RFE/RL,
including the requested amounts for broadcasting to Iran and
Iraq. The recommended amount includes $829,000 above the fiscal
year 2001 level to provide for adjustments to base.
Radio Free Asia.--The recommendation provides the full
requested amount of $25,221,000 for RFA. This amount includes
$996,000 above the fiscal year 2001 level to provide for
adjustments to base, and will allow RFA to continue its
expanded schedule of broadcasting to China, Tibet, Burma,
Vietnam, North Korea, Laos, and Cambodia. The Committee has
included additional funding under the Broadcasting Capital
Improvements account to overcome jamming of RFA broadcasts.
Broadcasting to Cuba.--The recommendation provides the full
requested amount of $24,872,000 for Broadcasting to Cuba. This
amount includes $2,826,000 above the fiscal year 2001 level to
provide for requested adjustments to base.
BROADCASTING CAPITAL IMPROVEMENTS
The Committee recommends $25,900,000 in new budget
authority for broadcasting capital improvements, which is
$9,000,000 above the request and $5,587,000 above the amount
available in fiscal year 2001. The amount recommended will
provide for the continuation of base costs for maintenance,
improvements, replacements and repairs, digital production
capability development, and security upgrades at transmitting
stations overseas.
Within the amount provided, the Committee expects the Board
to allocate at least the requested amount of $3,900,000 for the
installation of medium wave transmission facilities associated
with the Arabic broadcasting initiative. The Committee expects
that the uses of this funding will include the development of a
capability for broadcasting to Sudan.
The Committee recommendation also includes $9,000,000 above
the request for additional transmission infrastructure to
defeat jamming and reach a wider audience for Radio Free Asia
and Voice of America broadcasts to China, Tibet, Vietnam and
North Korea.
The Committee directs the Board to submit a spending plan
within sixty days from the date of enactment of this Act
allocating funds available in this account, including carryover
balances, to various activities. The plan shall include
detailed proposals for the Arabic and East Asia enhancements.
The Board shall also continue to keep the Committee informed
regarding costs and results of the ongoing digital conversion
project.
General Provisions--Department of State and Related Agency
The Committee recommends the following general provisions
for the Department of State, similar to provisions that were
included in the fiscal year 2001 Appropriations Act:
Section 401 of the bill permits funds appropriated in this
Act for the Department of State to be available for allowances
and differentials as authorized by subchapter 59 of Title 5 of
the United States Code; for services as authorized by 5 U.S.C.
3109; and hire of passenger transportation pursuant to 5 U.S.C.
1343(b).
Section 402 of the bill permits up to five percent of any
State Department appropriation to be transferred to another
State Department appropriation, but no program can be increased
by more than ten percent, and also provides the same authority
to Broadcasting Board of Governors programs. In addition, the
language provides that any transfer pursuant to this subsection
shall be treated as a reprogramming of funds under section 605
of the accompanying bill and shall not be available for
obligation or expenditure except in compliance with the
procedures set forth in that section.
Section 403 of the bill prohibits the use of funds by the
Department of State or the Broadcasting Board of Governors to
provide assistance to the Palestinian Broadcasting Corporation.
TITLE V--RELATED AGENCIES
The Committee recommends $2,102,167,000 in new budget
authority in the accompanying bill for the Related Agencies in
this Title for fiscal year 2002. This amount is $94,465,000
below current year appropriations, and $297,975,000 below the
budget request.
DEPARTMENT OF TRANSPORTATION
Maritime Administration
The Committee recommendation includes a total of
$231,732,000 in new budget authority for the Maritime
Administration (MARAD) for fiscal year 2002, as described
below:
MARITIME SECURITY PROGRAM
The Committee recommends $98,700,000 for the Maritime
Security Program. No funds were requested for this program
under the Maritime Administration. The President's budget
requested $98,700,000 for this program under the Department of
Defense. The recommendation provides the funding instead to the
Maritime Administration and assumes that the Maritime
Administration will continue to administer the program. The
recommendation will provide all the resources necessary for the
operation of the program through fiscal year 2002. The purpose
of the Maritime Security Program is to maintain and preserve a
U.S. flag merchant fleet to serve the national security needs
of the United States. The program provides direct payments to
U.S.-flag ship operators engaged in U.S.-foreign trade.
Participating operators are required to keep the vessels in
active commercial service and are required to provide
intermodal sealift support to the Department of Defense in
times of war or national emergency. This program is funded
under the allocation for national security programs.
The Committee recommendation provides funding for payments
to U.S. carriers for 47 ships, capped at $2,100,000 per ship,
per year.
OPERATIONS AND TRAINING
The Committee recommends an appropriation of $89,054,000 to
fund programs under the Operations and Training account of the
Maritime Administration. This amount is $2,335,000 above the
current fiscal year and the same as the budget request. This
account provides funding for the U.S. Merchant Marine Academy,
the State maritime schools, and MARAD operations.
The Committee recommendation includes $47,822,000 for the
operation and maintenance of the U.S. Merchant Marine Academy,
an increase of $690,000 above the fiscal year 2001 level. The
Committee recommendation includes language, modified from the
request, designating $13,000,000 to remain available until
expended for the continuation of an initiative to maintain and
repair the Academy's infrastructure, and thereby improve safety
and health conditions for the midshipmen and faculty. MARAD has
submitted to the Committee a master plan to address the
Academy's long-term maintenance and renovation needs. The
Committee has approved the allocation of $13,000,000 from
fiscal year 2001 appropriations to address specific capital
improvement needs, including the elimination of lead in Academy
drinking water, renovations to bring buildings into compliance
with the Americans with Disabilities Act, renovations to the
Mallory pier and bulkhead, and the completion of architectural
and engineering design to renovate the barracks buildings. The
additional $13,000,000 provided for fiscal year 2002 will
enable the Academy to pursue additional capital improvements
consistent with the facilities master plan. The Committee
directs MARAD to submit, no later than November 30, 2001, and
prior to the expenditure of fiscal year 2002 funds, a spending
plan for this initiative, subject to the reprogramming
requirements under section 605 of this Act. The Committee
reminds MARAD and the Academy that deviations from approved
spending plans are also subject to section 605 reprogramming
requirements.
The Committee notes with concern that MARAD has still not
fully complied with the directive in the report accompanying
the fiscal year 1999 House bill to submit information on
various aspects of Maritime Education and Training. The
Committee continues its interest in accurately determining the
need for Federal support for maritime education, measuring
results of these programs in relation to their national
security goals, and ensuring a minimum of duplication and
inefficiency among the U.S. Merchant Marine Academy, State
academies, and other institutions that do not receive funding
under this account. The Committee understands that MARAD has
thus far been unable to determine the impact of licensed
officer education programs funded under this account on the
achievement of national security goals. As a first step in this
regard, the Committee directs MARAD to conduct a survey of
currently licensed mariners in conjunction with the Bureau of
Transportation Statistics, and to submit the report to the
Committee by September 30, 2001.
The recommendation includes the requested level of
$7,457,000 for State maritime schools, the same as the fiscal
year 2001 level. The Committee encourages MARAD to pursue its
``level-funding'' initiative for schoolship maintenance and
repair, and endorses the goals of increased cost-sharing,
increased local responsibility, and the elimination of periodic
spikes in costs. The Committee notes that, in addition to the
funds provided for State schools under this account, MARAD
expects to receive additional funding in fiscal year 2002 of at
least $2,000,000 for school ship maintenance and repair under
the Department of Defense Ready Reserve Force program. The
Committee notes that MARAD has again requested $1,200,000 under
this activity to maintain the Student Incentive Payment program
at the current level. The Committee directs MARAD to report to
the Committee by November 30, 2001, with a justification for
the annual target for new reservists in relation to documented
emergency requirements that cannot be met from other sources.
The Committee recommendation includes $33,775,000 for
operating programs and general administration of MARAD, an
increase of $1,645,000 above fiscal year 2001 to support
requested adjustments to base. This funding level is intended
to support 945 full-time equivalents, the same level as in
fiscal year 2001.
SHIP DISPOSAL
The Committee recommendation includes $10,000,000 for
expenses related to the disposal of obsolete vessels in the
National Defense Reserve Fleet (NDRF), the same amount as
requested. The Committee is aware of the need to reduce the
current inventory of 115 vessels in the NDRF awaiting disposal.
The Committee directs MARAD to submit a plan for the
expenditure of resources under this account by November 15,
2001, in accordance with the procedures outlined in section 605
of this Act. The budget request indicated that this funding
would allow MARAD to scrap at least three vessels. The
Committee urges MARAD to consider every feasible alternative
for the use of fiscal year 2002 funding in order to accelerate
the disposal rate of these vessels, particularly those which
pose the greatest environmental risk. The spending plan shall
include: a multi-year plan for reducing the inventory based on
level funding; a plan to reduce the average scrapping cost; the
methodology used to prioritize disposal based onenvironmental
risk management; a target number of vessels to be disposed of by means
other than scrapping; and a plan to expedite the sale of vessels that
meet environmental requirements.
MARITIME GUARANTEED LOAN PROGRAM
The Committee recommends a total of $33,978,000 for the
Maritime Guaranteed Loan (Title XI) Program. This amount is
$30,000,000 above the budget request, and is $66,000 above the
amount available in fiscal year 2001. The Committee
recommendation also includes language that requires MARAD to
submit a reprogramming under section 605 of the Act before
exceeding a loan program level of $1,000,000,000.
The amount provided includes $30,000,000 in subsidies for
the guaranteed loan program. The Committee directs that MARAD
shall not make commitments exceeding the $1,000,000,000 program
limitation in FY 2002, including commitments made with
appropriations from previous fiscal years, without prior
notification of the Committee in accordance with section 605
reprogramming procedures. The Committee further directs MARAD
to continue to submit quarterly reports to the Committee on
Title XI obligations, including information on total loan
principal guaranteed by each separate fiscal year's subsidy
appropriation.
The Committee notes that the amount of loans that the
appropriation supports depends upon the risk factor in the
loans that MARAD approves. To the extent that the program
concentrates on lower-risk loans, the appropriation will
support a higher total program level, and the risk of defaults
will be decreased. The Committee urges MARAD to continue to
ensure that any loan guarantees issued under this program meet
the economic soundness requirement under Title XI.
The amount provided also includes $3,978,000 for
administrative expenses related to this program, the same
amount provided in fiscal year 2001 and the same as the
request. The amount provided for administrative expenses may be
transferred to and merged with appropriations for MARAD
operations and training on a reimbursable basis to cover the
common overhead expenses associated with maritime guaranteed
loans.
administrative provisions
The bill includes administrative provisions involving
Government property controlled by MARAD, the accounting for
certain funds received by MARAD, and a prohibition on
obligations from the MARAD construction fund. These provisions
have been carried in Appropriations Acts for the Maritime
Administration for several years.
Commission for the Preservation of America's Heritage Abroad
salaries and expenses
The Committee recommends $489,000 for the expenses of the
Commission for the Preservation of America's Heritage Abroad.
This amount is the same as the level in the budget request and
the current year. The recommendation for this year will allow
the Commission to fund its administrative expenses through
appropriated funds while relying on privately donated funds for
the actual purchase and restoration of property. The Committee
notes and encourages the efforts of the Commission to attract
additional funding for the Commission's efforts.
The purpose of the Commission is to encourage the
preservation of cemeteries, monuments, and historic buildings
associated with the foreign heritage of the American people.
Commission on Civil Rights
salaries and expenses
The Committee recommends an appropriation of $9,096,000 for
the salaries and expenses of the Commission on Civil Rights for
fiscal year 2002. The amount recommended is $216,000 above the
fiscal year 2001 level and the same as the budget request.
The Commission was established by the Civil Rights Act of
1957 and is directed by eight part-time commissioners. The
Commission was created to protect the civil rights of people
within the U.S. and was intended to be an independent,
bipartisan, fact-finding agency. The Commission investigates
charges of citizens being deprived of voting rights, and
collects, studies and disseminates information on the impact of
Federal laws and policies on civil rights.
The Committee reminds the Commission that agencies seeking
appropriations from Congress must submit budget justification
material to the Committee. The Committee expects that in the
future the Commission will submit such material in a timely
fashion, and that the amount of the Commission's budget request
will correspond with the amount requested in the President's
budget.
The Committee recommends bill language which provides (1)
$50,000 to employ consultants; (2) a prohibition against
reimbursing commissioners for more than 75 billable days, with
the exception of the chairwoman, who is permitted 125 billable
days; and (3) a limitation of four full-time positions under
schedule C of the Excepted Service, exclusive of one special
assistant for each commissioner.
Commission on International Religious Freedom
salaries and expenses
The Committee recommendation includes $3,000,000 for the
Commission on International Religious Freedom, the same amount
as the budget request.
The Commission, established pursuant to the International
Religious Freedom Act of 1998, conducts independent reviews and
reporting of facts and circumstances of violations of religious
freedom abroad, and recommends options for United States
policies with respect to foreign countries engaging in or
tolerating violations of religious freedom.
Commission on Ocean Policy
salaries and expenses
The Committee does not include requested language regarding
reporting requirements. No funding was requested or recommended
for this account.
Commission on Security and Cooperation in Europe
salaries and expenses
The Committee recommends an appropriation of $1,499,000 for
the Commission on Security and Cooperation in Europe, the same
amount as the request, and an increase of $132,000 above the
amount provided in the current fiscal year.
The Commission was established in 1976 to monitor
compliance with the final act of the Conference on Security and
Cooperation in Europe, with particular regard to provisions
dealing with humanitarian affairs.
Congressional-Executive Commission on the People's Republic of China
Salaries and expenses
The Committee recommends an appropriation of $500,000 for
the Congressional-Executive Commission on the People's Republic
of China, the same amount as the request and $1,000 above the
amount provided in the current fiscal year.
Equal Employment Opportunity Commission
salaries and expenses
The Committee recommends $310,406,000 for the salaries and
expenses of the Equal Employment Opportunity Commission (EEOC)
for fiscal year 2002. This amount is the same as the request,
and $7,211,000 above the amount available in the current year.
Within the funding provided, the Committee directs the
Commission to continue reducing the backlog of pending private
sector discrimination charges, and expanding the use of
alternative dispute resolution (ADR) techniques, including
mediation and ``early resolution''. The Committee funding
recommendation assumes that the Commission will at least
maintain the current level of spending on contract mediation
($1,800,000), in addition to the mediation being performed by
EEOC staff.
The Committee expects the EEOC to submit a spending plan to
the Committee in accordance with section 605 of this Act before
December 31, 2001, describing the allocation of funding to
various Commission activities, including private sector charge
backlog reduction, ADR and mediation initiatives, litigation,
and automation improvements.
The Committee again expresses concern regarding the failure
to achieve further private sector charge backlog reduction. The
Committee notes that the budget request assumes a reduction of
less than 6% by the end of fiscal year 2002. The Committee
directs the Commission to make the reduction of this backlog
its highest priority. The Committee expects the Commission to
submit a spending plan that allocates the increased resources
in this account to backlog reduction on a priority basis, and
expects the Commission to exceed the backlog reduction targets
included in the budget request. The EEOC may be able to achieve
evengreater backlog reductions depending on the intake rate for
new charges and the extent to which ``early resolution'' methods are
adopted.
The Committee notes that the State and local Fair
Employment Practices Agencies (FEPAs) will resolve an estimated
55,785 charges in fiscal year 2002. The bill includes language
similar to that included in previous Appropriations Acts
allowing not to exceed $30,000,000 for payments to State and
local FEPAs. The Committee encourages the EEOC to use the
experience the FEPAs have in mediation, as the Commission
implements its ADR programs. The Committee is willing to
entertain proposals in the spending plan to reprogram
additional funds to the FEPAs for this purpose.
The bill also includes language similar to that included in
previous Appropriations Acts allowing non-monetary awards to
private citizens, and up to $2,500 for official reception and
representation expenses.
Federal Communications Commission
salaries and expenses
The Committee recommends total budget authority of
$238,597,000 for the salaries and expenses of the Federal
Communications Commission (FCC) for fiscal year 2002, of which
$218,757,000 is to be derived from offsetting collections,
resulting in a direct appropriation of $19,840,000. The
recommended total budget authority is $9,948,000 below the
request, and $9,103,000, above the current year appropriation.
The Committee directs the Commission to submit, no later
than December 15, 2001, a financial plan proposing a
distribution of all funds in this account, subject to the
reprogramming requirements under section 605 of this Act.
The Committee recommendation includes bill language,
similar to that included in previous Appropriations Acts, which
allows: (1) up to $600,000 for land and structure; (2) up to
$500,000 for care of grounds and buildings; (3) up to $4,000
for official reception and representation expenses; (4) up to
$300,000 for research and policy studies to remain available
until September 30, 2003; (5) purchase of uniforms and
acquisition of vehicles: (6) special counsel fees; (7)
collection of $218,757,000 in section 9 fees; (8) the sum
appropriated to be reduced as section 9 fees are collected; and
(9) fees in excess of $218,757,000 to be available in fiscal
year 2003.
The mission of the Federal Communications Commission is to
implement the Communications Act of 1934, as amended, in a
manner that promotes competition, innovation, and deregulation
in the communications industry and the availability of high
quality communications services for all Americans. The
Committee commends the Commission on its efforts to keep pace
with industry changes and to set rational productivity goals.
The recommendation includes a total of $238,597,000 in direct
appropriations and offsetting collections for this purpose.
The FCC faces a number of complex issues related to
spectrum licensing and allocation this year--the ramifications
of which will affect communications policy over the long term.
The Committee supports thorough and timely reviews and will
avoid any effort to impose arbitrary deadlines upon
consideration of these matters. The Committee also wishes to
note that, given funding constraints, it would caution against
the development of regional projects, which might not benefit
the Nation as a whole.
The Committee would also emphasize the importance of the
FCC's commitment to the availability of high quality
communications. In addition to technical quality, the Committee
hopes the Commission will take greater steps toward carrying
out its responsibilities under Title 18 of the United States
Code, Section 1464. The procedures developed by the FCC for
addressing ``* * * obscene, indecent, or profane, language by
means of radio communication * * *'' are cumbersome and
reactive only. The Committee commends recent FCC efforts to
take a more aggressive stance in curbing an assault of obscene
matter over the airwaves while remaining cognizant of the
Constitutional rights of our citizens.
The Committee does not include in its bill a new
authorization requested in the President's Budget, to alter the
E-rate program. The proposal did not appear in the budget
justification submitted by the FCC and Administration support
for the proposal is uncertain at this time.
Federal Maritime Commission
salaries and expenses
The Committee recommends an appropriation of $15,466,000
for the salaries and expenses of the Federal Maritime
Commission (FMC) for fiscal year 2002. This amount is a
reduction of $984,000 below the budget request and the same as
the amount available in the current fiscal year. The Committee
directs the Commission to maintain a zero growth budget as the
Commission continues to advance the deregulatory mandates of
the Ocean Shipping Reform Act. The Committee expects that any
pay and inflationary increases shall be absorbed through hiring
below attrition and other cost-cutting measures.
Federal Trade Commission
salaries and expenses
The Committee recommends total budget authority of
$155,982,000 for the salaries and expenses of the Federal Trade
Commission for fiscal year 2002, which is $8,828,000 above the
current year appropriation and $288,000 below the request. This
amount is to be derived from current year offsetting fee
collections from premerger filing fees under the Hart-Scott-
Rodino Act, resulting in no net direct appropriation.
The mission of the Federal Trade Commission is to enforce a
variety of Federal antitrust and consumer protection laws.
Under these laws, the Commission seeks to ensure that the
nation's markets are competitive, function vigorously and
efficiently, and are free from undue governmental and private
restrictions. The Commission also seeks to improve the
operation of the marketplace by eliminating deceptive and
unfair practices. Appropriations for both the Antitrust
Division of the Department of Justice and the Commission are
financed with Hart-Scott-Rodino Act pre-merger filing fees.
The recommended level provides for pay and inflationary
base adjustments to maintain the current operating level. The
Committee notes that any use of remaining unobligated fee
collections from prior years are subject to the reprogramming
requirements outlined in section 605 of this Act.
The Committee recommends bill language, similar to that
included in previous Appropriations Acts, which: (1) allows for
hire of motor vehicles; (2) allows up to $2,000 for official
reception and representation expenses; (3) allows for the
collection of fees; (4) allows for the sum appropriated to be
reduced as fees are collected; (5) prohibits the use of funds
to implement section 151 of the Federal Deposit Insurance
Corporation Improvements Act of 1991; and (6) makes funds
appropriated from the Treasury for the FTC available until
expended.
Legal Services Corporation
salaries and expenses
The Committee recommendation includes $329,300,000 for the
Legal Services Corporation for fiscal year 2002. This amount is
the same as the request and $26,000 above the current year
appropriation. This amount includes: (1) $310,000,000 for
grants to basic field programs; (2) $2,500,000 for the Office
of Inspector General; (3) $12,400,000 for Corporation
management and administration; and (4) $4,400,000 for client
self-help and information technology. The Committee notes that
$40,000,000 is provided for civil legal assistance under the
Violence Against Women Act program funded under Title I of this
bill.
The Legal Services Corporation is a private, nonprofit
corporation that provides low-income individuals with access to
legal assistance and information concerning civil legal
problems. Created in 1974, the Legal Services Corporation is
charged by Congress to provide assistance to those who would
otherwise be unable to afford adequate legal counsel.
The Committee supports LSC's efforts to streamline its
service area configurations through the State planning process.
However, the Committee has been made aware of concerns that LSC
has attempted to impose its own reconfiguration plans on
certain States without clearly articulating standards for such
decisions. In several instances the Corporation rejected
reconfiguration plans developed and approved by all relevant
stakeholders within a State, and provided no opportunity for
the State to appeal that decision. The Committee expects LSC to
review the State planning process and the concerns raised, and
report back to the Committee by no later than September 4,
2001, with a proposal that articulates the reconfiguration
standards and process for States to appeal LSC's decisions. The
Committee intends that LSC consult with appropriate
stakeholders in developing this proposal.
The Committee reminds the Legal Services Corporation that
its grantees are prohibited by section 504(a)(7) of Public Law
105-119 from participating in class action lawsuits and directs
the Corporation to ensure its grantees comply.
ADMINISTRATIVE PROVISION--LEGAL SERVICES CORPORATION
The Committee recommendation includes bill language to
continue statutory requirements and restrictions contained in
previous Appropriations Acts, as requested. A legal correction
is recommended to reflect the recent Supreme Court ruling in
the Legal Services Corporation v. Velazquez case.
Marine Mammal Commission
SALARIES AND EXPENSES
The Committee recommends $1,732,000 for the Marine Mammal
Commission for fiscal year 2002. The recommendation is the same
amount as the request and $36,000 above the current year level.
The Committee recommendation provides for continuation of
research on the impacts of sea ice and other environmental
changes on Arctic marine resources and the Alaska Natives that
depend upon them; for continuation of studies to further
protect the Florida manatee; and for research stemming from the
Commission's contaminants research project.
National Veterans Business Development Corporation
Salaries and expenses
The Committee recommends $4,000,000 under a new separate
account for the National Veterans Business Development
Corporation, the same as the budget request. The same amount
was made available in the current fiscal year from the
``Salaries and Expenses'' account of the Small Business
Administration.
The Corporation was established pursuant to the Veterans
Entrepreneurship and Small Business Development Act of 1999 to
expand the provision of and improve access to technical
assistance regarding entrepreneurship for the nation's
veterans, and to assist veterans, including service-disabled
veterans, with the formation and expansion of small business
concerns.
Pacific Charter Commission
Salaries and expenses
The Committee recommends $2,500,000 as an initial
appropriation to support the establishment of the Pacific
Charter Commission. No funding was requested for this
Commission. The role of the Commission as articulated in the
Pacific Charter Commission Act of 2000 is the promotion of
consistent and coordinated foreign policy in the Asia-Pacific
region, including support for democratization, the rule of law,
and human rights.
Securities and Exchange Commission
SALARIES AND EXPENSES
The Committee recommends overall funding for the Securities
and Exchange Commission (SEC) of $437,900,000, which is the
same as the request and $16,030,000 above the level provided in
fiscal year 2001. The overall funding is made up of the
following components: (1) an appropriation of fiscal year 2002
offsetting fee collections of $109,500,000; and (2) an
appropriation of prior year offsetting fee collections of
$328,400,000. The recommendation provides the Commission with
the full amount of requested adjustments to base funding for
pay and inflation changes. The Committee is aware of the ``pay
parity'' provisions contained in the Investor and Capital
Markets Fee Relief Act (H.R. 1088), and will address additional
requirements related to ``pay parity'' in the event that bill
is enacted. The Committee recommendation also includes
requested language to preserve the current allocation of
Section 31 fees notwithstanding the registration of Nasdaq as
an exchange.
The Committee recommendation includes bill language
providing offsetting fee collections in accord with levels
authorized in the National Securities Markets Improvement Act
of 1996. The Committee intends that any such collections in
excess of the amounts made available in fiscal year 2002 will
remain available for the Securities and Exchange Commission in
future years through the regular appropriations process.
The Committee commends the SEC on the important actions
recently taken to increase enforcement of disclosure rules.
Foreign corporations playing a direct role in human rights
abuses in Sudan have been able to offer securities to American
investors, and as a result, these investors are unwittingly
helping to subsidize these atrocities. The SEC has a
responsibility and an obligation to require these corporations
to disclose such involvements to U.S. investors. The Committee
is pleased by the progress already made, and will continue to
insist on the full exercise of existing authorities to inform
and protect American investors in this area.
In addition, the Committee recommends bill language,
similar to that included in previous Appropriations Acts,
which: (1) allows for the rental of space; (2) makes up to
$3,000 available for official reception and representation
expenses; (3) makes up to $10,000 available for a permanent
secretariat for the International Organization of Securities
Commissions; and (4) makes up to$100,000 available for expenses
of meetings and consultations with foreign governmental and regulatory
officials.
The SEC was created by the Securities Exchange Act of 1934
as an independent, quasi-judicial agency. It administers a
group of statutes in the area of securities and finance which
seek to protect the investing public by providing full
disclosure, regulating the nation's securities markets, and
preventing and policing fraud and malpractice in the securities
and financial markets.
Small Business Administration
The accompanying bill provides a total of $727,872,000 for
four appropriations items of the Small Business Administration
(SBA). This amount is $185,872,000 above the budget request,
and $129,729,000 below the amount appropriated in fiscal year
2001. The details for the four SBA appropriation accounts are
contained in the following paragraphs.
The Committee is disappointed by the failure of the SBA to
put forward a credible appropriations request. The funding
request includes major reductions to credit and non-credit
programs that are predicated on the enactment of separate
authorization measures. The enactment of these measures, in
most cases, is highly unlikely. The Committee rejects this
approach, and directs the SBA to re-examine its budget
formulation process and to base future funding requests on
credible estimates of true program requirements.
The Committee recommendation for fiscal year 2002 again
includes funding to improve portfolio management and systems
modernization efforts. The Committee expects the SBA to
continue to place a high priority on these improvements that
will make possible further streamlining and efficiencies.
SALARIES AND EXPENSES
The Committee recommends $303,581,000 for the salaries and
expenses account of the Small Business Administration. This
amount is $64,243,000 below the amount provided in fiscal year
2001, and $17,638,000 below the request.
Of the amount provided under this heading, $157,681,000 is
for operating expenses of the SBA. In addition, a total of
$138,854,000 may be transferred to and merged with the salaries
and expenses account for indirect operating costs. This amount
consists of $129,000,000 from the Business Loans Program
account for administrative expenses, and $9,854,000 from the
Disaster Loans Program account for administrative expenses. The
Committee also anticipates that SBA will have an additional
$3,000,000 in fee receipts available for operating expenses.
This will result in a total availability of $299,535,000 for
the operating expenses of the SBA, an increase of $6,000,000
above the comparable fiscal year 2000 amount.
In addition, the recommendation includes language under the
Disaster Loans Program account providing that $110,000,000 of
the amount provided for administrative expenses may be
transferred to and merged with the salaries and expenses
account for the direct administrative costs of disaster loan
making and servicing.
The amount provided includes $4,500,000 for the
continuation of initiatives to strengthen the management of
SBA's loan portfolio, modernize automated systems, and train
the workforce to meet the agency's changing roles. The
Committeeexpects the SBA to submit a plan for the expenditure
of resources for these initiatives by December 31, 2001, in accordance
with section 605 of this Act.
The Committee notes that $32,000,000 has been provided
previously for loan monitoring and systems modernization, much
of which remains unexpended. The Committee expects that any
funding requirements to complete the loan monitoring system,
and the first phase of the joint accounting and administrative
management system (core financial system) will be the highest
priority for the use of fiscal year 2002 funding. Should
additional funding be available within the amount provided, the
Committee urges the SBA to implement the next phase of the
joint accounting and administrative management system
initiative. The Committee expects that the modernization of the
SBA's human resources, travel, procurement and payroll
functions will yield significant savings and efficiencies.
Within the amounts provided under this heading, the
Committee expects the SBA to continue to help small businesses
adapt to a paperless procurement environment. The Committee
recommendation also includes the full amount requested for Low
Documentation Processing Centers. The Committee recommendation
for salaries and expenses includes a total of $141,400,000 for
non-credit initiatives, as follows:
Small Business Development Centers...................... $87,806,000
7(j).................................................... 2,600,000
SCORE................................................... 3,500,000
Microloan technical assistance.......................... 20,000,000
One-stop Capital Shops.................................. 3,100,000
Export Assistance Centers............................... 3,100,000
Regulatory Fairness Boards/National Ombudsman........... 500,000
Women's Business Centers................................ 12,000,000
Women's Business Council................................ 750,000
Advocacy Research....................................... 1,100,000
Veterans Programs....................................... 750,000
Small Business Drug-free Workplace Program.............. 5,000,000
Survey of Women-Owned Businesses........................ 694,000
Business Information Centers............................ 500,000
--------------------------------------------------------
____________________________________________________
Total, non-credit initiatives...................... 141,400,000
Of the amounts provided for the SBDC program, $2,000,000 is
to continue the SBDC defense transition program and $1,000,000
is for a regulatory compliance simplification program to
increase coordination of environmental, Occupational Health and
Safety Administration and Internal Revenue Service compliance
requirements and to avoid duplication among programs for
compliance assistance to small businesses.
The Committee expects that within the overall amount
provided under this account, full funding will be provided for
the operations of the Office of Advocacy. In addition, the
recommendation includes $1,100,000 for Advocacy Research.
The Committee recommendation deletes language, as
requested, designating funding under this account for the
National Veterans Business Development Corporation. The
Committee has included a direct appropriation of $4,000,000 for
the Corporation under a separate heading in this title.
The Committee recommendation includes $5,000,000 to
continue funding for a drug-free workplace demonstration
program to provide technical assistance to small business
concerns seeking to start a drug-free workplace program. The
recommendation also includes $694,000 for the second year
funding requirement associated with the 2002 Survey of Woman-
Owned Businesses.
The Committee recommendation includes requested language
authorizing $3,500 for official reception and representation
expenses as well as language authorizing the SBA to charge fees
to cover the cost of publications and certain loan servicing
activities. The language also permits revenues received from
all such activities to be credited to the salaries and expenses
account to be available for carrying out these purposes without
further appropriations.
The Committee recommendation deletes language, as
requested, making amounts available for New Markets assistance
programs subject to authorization. Also, the recommendation
does not include the requested authority for a specified amount
of program funds to remain available for two years. Finally,
the recommendation does not include requested language allowing
the SBA to retain not to exceed $3,000,000 of increased
collections of delinquent debt for qualified expenses.
Office of Inspector General
The Committee recommends $11,927,000 for the Office of
Inspector General of the Small Business Administration under
this heading, the same amount as requested, and the same amount
available in fiscal year 2001. The recommendation assumes that,
as in fiscal year 2001, the appropriation under this heading
will be supplemented by an additional $500,000 provided under
the administrative expenses of the Disaster Loans Program for
oversight of that program, which may be transferred to this
account. The Committee recommendation includes resources for
continued oversight of the SBA's business loan portfolio and
the SBA's administration of the 7(a) and disaster assistance
programs.
BUSINESS LOANS PROGRAM ACCOUNT
The Committee recommends a total of $207,500,000 under this
account, consisting of: $77,000,000 for the Business Loans
Program Account for subsidies for guaranteed business loans;
$1,500,000 for subsidies for direct business loans; and
$129,000,000 for administrative expenses related to business
loan programs. The amount provided for administrative expenses
may be transferred to and merged with the appropriation for SBA
salaries and expenses to cover the common overhead expenses
associated with business loans. In addition, the recommendation
includes a provision in the bill, also carried in previous
years, which allows up to $45,000,000 to remain available for
two fiscal years.
As required by the Federal Credit Reform Act of 1990, the
Congress is required to appropriate an amount sufficient to
cover the estimated losses associated with all direct loan
obligations and loan guarantee commitments made in fiscal year
2002, as well as the administrative expenses of the loans. The
subsidy amounts are estimated on a net present value basis, and
the administrative expenses are estimated on a cash basis.
7(a) Business loan program.--The recommendation includes
$77,000,000 in new budget authority for the 7(a) loan program.
When combined with an estimated $30,000,000 in carryover
balances, and assuming a subsidy rate of 1.07 percent, this
appropriation will support an estimated program level of
$10,000,000,000, an increase of at least $800,000,000 over the
current year. The budget request did not include any new budget
authority for the 7(a) program in conjunction with an
assumption that new, separate authorizing legislation would be
enacted that would have the effect of bringing the program to
zero subsidy. This legislation has not been enacted, nor does
the Committee expect that it will be enacted. Should changes in
the program level occur due to changes in the subsidy rate, or
as a result of changes in estimated carryover or recoveries,
the Committee expects to be notified in accordance with section
605 of this Act prior to the SBA taking any actions to change
the program level provided for fiscal year 2002. The Committee
recommendation includes language, as carried in the fiscal year
2001 Appropriations Act, requiring the SBA to submit a
reprogramming under section 605 of the Act before exceeding a
7(a) program level of $10,000,000,000.
Small Business Investment Corporation (SBIC) Debentures and
Participating Securities.--The Committee recommendation does
not include an appropriation of new budget authority for the
SBIC debentures and participating securities programs, as none
was requested. The Committee continues to support these highly
successful programs that facilitate the formation of privately-
owned and operated investment companies to serve as sources of
equity capital and long-term loans to new or expanding small
businesses, and to supplement investment companies' private
capital with funds made available through SBA guarantees. The
debentures program currently operates at a zero subsidy rate
and therefore requires no appropriation. The Committee
recommendation and the Administration's request for the
participating securities program assume that authorization
changes will be enacted that will allow the program to operate
with a zero subsidy rate in fiscal year 2002. The
recommendation also includes language, modified from the
request, that the SBIC total program level shall not exceed
$4,100,000,000. In recognition that the assumed authorization
changes include an appropriate increase in fees, the Committee
expects the SBA to ensure that fee increases do not create
prohibitive barriers to participation in the program.
Microloan Direct and Guaranty Programs.--The Committee
recommendation includes new appropriations of $1,500,000 for
the Microloan Direct Loan Program, as requested, and no new
appropriations for the Microloan Guaranty Program, as none was
requested. The recommendation for direct Microloans assumes
that no carryover balances will be available. The appropriation
of $1,500,000 will provide for a program level of $20,575,000.
For the Microloan Guaranty program,the Committee understands
that few, if any program obligations are projected for fiscal years
2001 or 2002.
504 Development Company Loans.--The Committee
recommendation provides no new budget authority for the section
504 development company loan program, as requested, and
includes language limiting the 504 guaranteed lending program
to $3,750,000,000, as requested. This program will operate with
a zero subsidy rate in fiscal year 2002.
The Committee is aware that there are continuing concerns
about the accuracy of the subsidy rate model for the 7(a)
general business loan program, and that modeling decisions are
overestimating projected default rates, resulting in large
downward re-estimates. The Committee encourages SBA to continue
to work with the Office of Management and Budget to maximize
the validity of its models to ensure that requested
appropriations to guarantee such loans are, in fact, necessary.
The recommendation includes language, proposed for
deletion, making $45,000,000 under this heading available for
two fiscal years. The recommendation deletes language included
in the fiscal year 2001 bill earmarking an amount for a
specific business loan program, subject to authorization.
DISASTER LOANS PROGRAM ACCOUNT
The Committee recommends a total of $204,864,000 for the
Disaster Loans Program Account for loan subsidies and
associated administrative expenses, which is $20,776,000 above
the amount provided in fiscal year 2001, and $126,510,000 above
the request. The Committee recommendation includes $84,510,000
for the subsidy costs of disaster loans, which when combined
with estimated recoveries of $37,850,000 will provide a
disaster loan level of $800,000,000. The Committee notes that
the fiscal year 2002 request did not include a realistic
estimate for an average annual direct disaster loan program
from discretionary appropriations.
The Committee recommendation includes $120,354,000 for
administrative expenses of carrying out the program, which may
be transferred to and merged with appropriations for salaries
and expenses. The recommendation includes language specifying
that, of the amount provided for administrative expenses,
$110,000,000 is for the direct administrative expenses of loan
making and loan servicing, and $9,854,000 is for indirect
administrative expenses. The recommendation also includes
language requiring that any amount in excess of $9,854,000
transferred to the salaries and expenses account for indirect
administrative expenses shall be subject to reprogramming
requirements, as detailed under section 605. In addition, the
recommendation retains language transferring $500,000 of the
amount provided for administrative expenses to the Office of
Inspector General for audits and reviews of the disaster loan
portfolio.
As required by the Federal Credit Reform Act of 1990, the
Congress is required to appropriate an amount sufficient to
cover the subsidy costs associated with all direct loan
obligations and loan guarantee commitments made in fiscal year
2002, as well as the administrative expenses of the loan
programs. The subsidy amounts are measured on a net present
value basis, and the administrative expenses are estimated on a
cash basis.
State Justice Institute
SALARIES AND EXPENSES
The Committee recommends $6,835,000 for the State Justice
Institute for fiscal year 2002, same as the current year
appropriation and $8,165,000 below the request.
The State Justice Institute is a private, non-governmental
organization, which awards grants to improve the administration
of justice in State courts. While the State Justice Institute
requested an appropriation of $15,000,000 for fiscal year 2002,
the Administration only included $6,835,000.
The Committee recommendation takes into account that
assistance to State courts is available through the Office of
Justice Programs within the Department of Justice.
TITLE VI--GENERAL PROVISIONS
The Committee recommends the following general provisions
for the departments and agencies funded in the accompanying
bill. Except where modifications are indicated, these general
provisions were included in the fiscal year 2001 Appropriations
Act.
Section 601 prohibits any appropriation contained in the
Act from being used for publicity or propaganda purposes not
authorized by the Congress.
Section 602 prohibits any appropriation contained in the
Act from remaining available for obligation beyond the current
fiscal year unless explicitly provided.
Section 603 provides that the expenditure of any
appropriation contained in the Act for any consulting service
through procurement contracts 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.
Section 604 provides that if any provision of the Act or
the application of such provision to any person or circumstance
shall be held invalid, the remainder of the Act and the
application of such provisions to persons or circumstances
other than those to which it is held invalid shall not be
affected thereby.
Section 605 provides for the Committee's policy concerning
the reprogramming of funds. Section 605(a) prohibits the
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 offices or
employees; (5) reorganizes offices, programs, or activities; or
(6) contracts out or privatizes any function or activity
presently performed by Federal employees unless the
Appropriations Committees of both Houses of Congress are
notified 15 days in advance. Section 605(b) prohibits 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 due to 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. The Committee has again included carryover funds under
the requirements of section 605 to clarify that agencies must
follow reprogramming procedures with respect to carryover
funds.
Section 606 prohibits funds in the Act from being used for
construction, repair (other than emergency repair), overhaul,
conversion, or modernization of vessels for the National
Oceanic and Atmospheric Administration in shipyards located
outside the United States.
Section 607 states the sense of the Congress that all
equipment and products purchased with funds made available in
the bill should be American-made, directs the head of each
Federal agency to provide a notice describing Congressional
intent to any entity it provides financial assistance to or
enters into a contract with, and makes any person determined to
have misused ``Made in America'' labeling ineligible from
receiving grants or contracts made with funds provided under
this Act.
Section 608 prohibits funds from being used to implement,
administer, or enforce any guidelines of the Equal Employment
Opportunity Commission covering harassment based on religion
similar to proposed guidelines published by the EEOC in
October, 1993.
Section 609 prohibits the use of funds for any United
Nations peacekeeping mission when it is made known that United
States Armed Forces are under the command or operational
control of a foreign national and the President has not
submitted to the Congress a recommendation that such
involvement is in the national security interest of the United
States.
Section 610 prohibits the use of funds to pay for expansion
of diplomatic or consular operations in Vietnam beyond the
level of operations on July 11, 1995, unless the President
certifies within 60 days that Vietnam is cooperating in full
faith with the U.S. on POW/MIA issues.
Section 611 prohibits the use of funds to provide certain
amenities and personal comforts in the Federal prison system.
Section 612 includes language prohibiting the use of funds
under the NOAA Fleet Modernization, Shipbuilding and Conversion
account to implement sections 603, 604, and 605 of Public Law
102-567, except for development of a modernization plan for
fisheries research.
Section 613 provides that any closing or downsizing costs
incurred by a department or agency funded under this Act
resulting from funding reductions in the Act shall be absorbed
within the budgetary resources available to the Department or
agency, and provides transfer authority between appropriation
accounts to carry out the provision, subject to reprogramming
procedures.
Section 614 prohibits funds made available in this Act to
the Federal Bureau of Prisons from being used to distribute
publications that include sexually explicit material.
Section 615 limits funding under the Local Law Enforcement
Block Grant to 90 percent to an entity that does not provide
public safety officers injured in the line of duty and, as a
result, separated or retired from their jobs with health
insurance benefits equal to the insurance they received while
on duty.
Section 616 prohibits funds made available in this Act from
being used to promote the sale or export of tobacco or tobacco
products, or to seek the reduction or removal of foreign
restrictions on the marketing of tobacco products, provided
that such restrictions are applied equally to all tobacco
products or tobacco products of the same type. This provision
is not intended to impact routine international trade services
provided to all U.S. citizens, including the processing of
applications to establish foreign trade zones.
Section 617, modified from the previous year and the
request, prohibits funds for the issuance of visas to persons
involved in political and extrajudicial killings in Haiti.
Section 618 prohibits funds made available in this Act from
being used to implement a Federal user fee for background
checks conducted pursuant to theBrady Handgun Control Act of
1993, or to implement a background check system that does not require
and result in the destruction of certain information.
Section 619, modified from the current year, delays the
obligations of any receipts deposited into the Crime Victims
Fund in excess of $575,000,000 until October 1, 2002. Due to
unprecedented antitrust criminal fines in recent years,
receipts deposited have greatly exceeded historical levels. The
Committee has continued to take this action to ensure that a
stable source of funds will remain available for the program.
Section 620 prohibits the use of Department of Justice
funds for programs that discriminate against or denigrate the
religious beliefs of students participating in such programs.
Section 621 prohibits the use of funds to process visas for
citizens of countries that deny or delay the repatriation of
deported citizens.
Section 622 prohibits the use of Department of Justice
funds to transport high security prisoners to facilities not
certified by the Bureau of Prisons as appropriate to receive
such prisoners.
Section 623 prohibits the use of funds to take certain
actions for the purpose of implementing, or in contemplation of
preparing to implement, the Kyoto Protocol.
TITLE VII--RESCISSIONS
DEPARTMENT OF COMMERCE
Emergency Oil and Gas Guaranteed Loan Program Account
(Rescission)
The Committee recommends a rescission of $115,000,000 from
remaining unobligated balances in this account.
Emergency Steel Guaranteed Loan Program Account
(Rescission)
The Committee recommends a rescission of $10,000,000 from
remaining unobligated balances in this account.
House of Representatives Report Requirements
The following items are included in accordance with various
requirements of the Rules of the House of Representatives.
Constitutional Authority
Clause 3(d)(1) of rule XIII of the Rules of the House of
Representatives states that:
Each report of a committee on a bill or joint resolution of
a public character, shall include a statement citing the
specific powers granted to the Congress in the Constitution to
enact the law proposed by the bill or joint resolution.
The Committee on Appropriations bases its authority to
report this legislation from Clause 7 of Section 9 of Article I
of the Constitution of the United States of America, which
states:
No money shall be drawn from the Treasury but in
consequence of Appropriations made by law. * * *
Appropriations contained in this Act are made pursuant to
this specific power granted by the Constitution.
Statement of General Performance Goals and Objectives
Pursuant to clause 3(c)(4) of rule XIII of the Rules of the
House of Representatives, the following is a statement of
general performance goals and objectives for which this measure
authorizes funding:
The Committee on Appropriations considers program
performance, including a program's success in development and
attaining outcome-related goals and objectives in development
funding recommendations.
Changes in the Application of Existing Law
Pursuant to clause 3(f)(1) of rule XIII of Rules of the
House of Representatives, the following statements are
submitted describing the effect of provisions in the
accompanying bill, which directly or indirectly change the
application of existing law.
Language is included for a number of accounts that places
limitations on reception and representation allowances in order
to reduce the amount of money that could otherwise be spent on
these activities.
Language is included in various parts of the bill to
continue ongoing activities which require annual authorization
or additional legislation, which to date has not been enacted.
The bill includes provisions which place limitations on the
use of funds in the bill or change existing limitations and
which might, under some circumstances, be construed as changing
the application of existing law.
The bill includes a number of provisions, which have been
virtually unchanged for many years, which are technically
considered legislation.
The bill also provides that a number of appropriations
shall remain available for obligation beyond the current fiscal
year. While these provisions are not specifically authorized
for all of the items, it is deemed desirable to include such
language for certain programs in order to provide for orderly
administration and the effective use of funds.
Language is included under a number of accounts, in which
appropriations are offset by collections, that specify the
level of offsetting collections to be credited to the account
and in certain cases makes collections in excess of the level
available in the following fiscal year.
In various places in the bill, the Committee has earmarked
funds within appropriation accounts in order to fund specific
programs and has adjusted some existing earmarks.
Language is included in various parts of the bill to allow
appropriations or unexpended balances of prior year
appropriations to be transferred and merged with appropriations
under this Act.
Those additional changes in the fiscal year 2002 bill,
which might be interpreted as changing existing law, are as
follows:
Under Immigration and Naturalization Service, language is
included which increases the current inspection fee, and lifts
the cruise ship fee exemption.
Under Federal Prison System, Salaries and Expenses,
language is amended changing the limitation on the number of
passenger and replacement motor vehicles.
Language has been included under the Office of Justice
Programs to allow funds to be used for additional purposes.
Under the State and Local Law Enforcement Assistance
Program, language is included to expand the allowable use of
State Prison Drug Treatment funds;
Under Community Oriented Policing Services, language is
included to allocate hiring funds for a school violence
initiative and to provide for grants for certain purposes.
Under Department of Commerce, Patent and Trademark Office,
Salaries and Expenses, language is included limiting the
availability of carryover into fiscal year 2003.
Under National Oceanic and Atmospheric Administration,
Operations, Research, and Facilities, Procurement, Acquisition,
and Construction, and the Pacific Salmon Recovery Fund
accounts, language is included designating amounts and
activities for the conservation spending category.
Under National Oceanic and Atmospheric Administration,
Operations, Research, and Facilities account, the bill includes
language requiring standard reprogramming notification for the
use of unanticipated deobligations.
Under Department of State, Administration of Foreign
Affairs, Diplomatic and Consular Programs, language is included
limiting the Machine Readable Visa fees that can be spent in
fiscal year 2002 and providing that any amount collected in
excess of the limit will be available in fiscal year 2003. In
addition, language is included designating specific amounts for
public diplomacy international information programs and
worldwide security upgrades. Language is also included
prohibiting funds for the export of satellites of U.S. origin
to the Peoples' Republic of China unless the Committee is
notified in advance.
Under Embassy Security, Construction, and Maintenance,
language is included designating a specific amount for
worldwide security upgrades.
Under Repatriation Loans Program Account, language is
included allowing administrative expenses to be merged with the
Diplomatic and Consular Programs account under Administration
of Foreign Affairs.
Under Contributions to International Organizations,
language is included requiring certification that the U.N. is
keeping within its budget.
Under Broadcasting Board of Governors, International
Broadcasting Operations, language is included to provide
authorities for broadcasting to Cuba under this account.
Under Department of Transportation, Maritime
Administration, Operations and Training, language is included
designating an amount to remain available until expended for
capital renovations at the U.S. Merchant Marine Academy.
Under Maritime Guaranteed Loan (Title XI) Program Account,
language is included designating a limitation on the total loan
program level.
Under Legal Services Corporation, language clarifying
current statutory requirements is included.
Under Securities and Exchange Commission, Salaries and
Expenses, language is included allowing certain offsetting
collections to continue to be credited to this account.
Under Small Business Administration, Business Loans Program
Account, language is included designating limitations to loan
programs at authorized levels.
Under Disaster Loans Program Account, language is amended
to designate amounts for the direct and indirect administrative
expenses of disaster loan making and servicing and to describe
a reprogramming requirement. In addition, language is included
to allow a specified amount of funding to be transferred to the
Office of Inspector General.
Under Department of Commerce, Departmental Management,
Emergency Oil and Gas Guaranteed Loan Program Account,
(Rescission), language is included rescinding funds.
Under Emergency Steel Guaranteed Loan Program Account,
(Rescission), language is included rescinding funds.
Appropriations Not Authorized by Law
Pursuant to clause 3(f)(1) of rule XIII of the Rules of the
House of Representatives, the following table lists the
appropriations in the accompanying bill which are not
authorized by law:
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Appropriations
Last year of Authorization in last year Appropriations
Agency/Program authorization level of in this bill
authorization
----------------------------------------------------------------------------------------------------------------
Department of Justice: \1\
Office of Justice Programs:
Justice Assistance:
Management and Administration............... 1995 $28,000 $27,100 $43,491
National Institute of Justice............... 1995 33,000 27,000 54,879
Bureau of Justice Assistance................ 1995 33,000 21,379 32,335
Counterterrorism Programs................... 1997 15,000 29,450 220,494
Missing Children............................ 2001 Such sums 22,997 22,997
RISS........................................ 1995 Such sums 14,500 24,945
White Collar Crime.......................... .............. .............. .............. 9,230
Juvenile Justice Programs:
Delinquency Programs........................ 1996 150,000 100,000 145,775
Gang Free Schools........................... 1996 Such sums 10,000 11,974
State Challenge............................. 1996 Such sums 10,000 9,978
Mentoring................................... 1996 Such sums 40,000 15,965
Incentive Grants for Local Delinquency 1996 Such sums 20,000 94,791
Prevention.................................
Victims of Child Abuse Act.................. 1996 Such sums 4,500 8,481
State and Local Law Enforcement Act, 2001 249,450 249,450 249,450
Juvenile Accountability Block Grants.......
Weed and Seed............................... 2001 33,925 33,925 58,925
Community Oriented Policing Services (COPS):
Community Policing.......................... 2000 268,000 269,937 444,805
Criminal Records Upgrades................... 2000 20,000 .............. 35,000
Community Prosecutors....................... .............. .............. 99,780 99,780
Bullet Proof Vests.......................... 2001 25,000 25,444 25,444
State and Local Assistance:
Local Law Enforcement Block Grants.......... 2001 521,849 521,849 521,849
Drug Courts................................. 2001 49,890 49,890 50,000
Byrne Grants................................ 1995 100,000 500,000 570,000
Violence Against Women:
Training Programs........................... 1997 1,000 1,000 4,989
State Criminal Alien Assistance Programs.... 2000 340,000 420,000 565,000
Substance Abuse Treatment................... 2000 72,000 63,000 73,861
Missing Alzheimer's Patients................ 1998 900 900 898
Family Support.............................. 2000 7,500 1,500 1,497
Telemarketing Fraud......................... 2000 2,500 2,000 19,995
Motor Vehicle............................... 1998 1,800 750 1,297
United States Trade Rep......................... 1992 21,077 19,992 28,000
Department of Commerce \2\:
International Trade Administration.......... 1996 Such sums 248,726 344,654
Bureau of Export Administration............. 2001 Such sums 64,711 68,893
NOAA........................................ .............. 370,738 394,370 627,586
Office of Technology Policy................. 1993 8,500 6,070 8,094
National Institute of Standards and 1993 383,500 310,677 488,996
Technology.................................
National Telecommunications and Information 1993 59,900 71,823 72,017
Administration.............................
Department of State:
Administration of Foreign Affairs........... 2001 4,162,950 4,777,175 5,595,736
International Organizations................. 2001 Such sums 1,713,056 1,694,139
International Commissions................... 2001 50,228 56,101 60,316
Other State................................. 2001 59,500 54,504 53,025
Broadcasting Board of Governors................. 2001 467,229 467,229 479,006
Maritime Administration......................... 2001 148,439 120,631 133,032
Federal Maritime Commission..................... 1998 15,000 14,000 15,466
Federal Trade Commission........................ 1998 110,000 106,500 155,982
Legal Services Corporation...................... 1979 Indef 270,000 329,300
Marine Mammal Commission........................ 1999 1,750 1,240 1,732
Securities and Exchange Commission.............. 1999 351,280 324,000 437,900
State Justice Institute......................... 1996 25,000 6,850 6,835
----------------------------------------------------------------------------------------------------------------
\1\ The fiscal year 2001 Commerce, Justice, State and the Judiciary and Related Agencies Appropriation Act,
Public Law 106-553, Section 102, hereafter continued the authorizations contained in Public Law 96-132, the
Department of Justice Appropriations Authorizations Act, Fiscal Year 1980, until the effective date of a
subsequent Department of Justice appropriation authorization act.
\2\ Programs under the jurisdiction of the Department of Commerce
are funded pursuant to a number of expiring authorizing statutes. The
statutes address a number of projects and activities that do not
directly correspond to the account structure in this Act.
Following are the relevant authorizing statutes and estimates of
the relative funding provided pursuant to each statute:
----------------------------------------------------------------------------------------------------------------
Appropriations
Last year of Authorization in last year Appropriation
Agency/program authorization leval of in this bill
authorization
----------------------------------------------------------------------------------------------------------------
National Oceanic and Atmospheric Administration.... ............. ............. .............. 542,441
National Marine Fisheries Service:
Endangered Species Act Amendments of 1988, FY 1992 8,750 8,236 .............
P.L. 100-478..............................
Marine Mammal Protection Act, P.L. 103-238. FY 1999 14,766 22,927 .............
Magnuson-Stevens Fisheries Conservation FY 1999 159,000 165,286 .............
Act, P.L. 104-297.........................
NOAA Marine Fisheries Program Authorization FY 2000 110,470 125,596 .............
Act, P.L. 104-297.........................
Anadramous Fishery Conservation & FY 2000 4,250 2,342 2,100
Management Act, P.L. 104-297..............
Interjurisdictional Fisheries Act, P.L. 104- FY 2000 4,400 3,190 2,590
297.......................................
International Dolphin Conservation Program FY 2001 4,000 3,293 .............
Act, P.L. 105-42..........................
National Ocean Service:
Coastal Zone Management Act, P.L. 104-150...... FY 1999 55,100 58,500 91,745
Coastal Zone Management Act, P.L. 101-508 FY 1995 12,000 5,000 10,000
section 6217, Coastal Nonpoint Source Program.
International Trade Administration:
Export Promotion, P.L. 103-392................. FY 1996 Such sums 248,726 347,654
Bureau of Export Administration:
Export Administration Act of 1979, P.L. 106-508 FY 2001 Such sums 64,711 68,893
Under Secretary/Office of Technology Policy:
American Technology Preeminence Act of 1991, FY 1993 8,500 6,070 8,094
P.L. 102-245..................................
National Institute of Standards & Technology:
American Technology Preeminence Act of 1991,
P.L. 102-245:
Scientific & Technical Research & Services. FY 1993 221,200 201,911 348,589
Industrial Technology Services............. FY 1993 127,500 86,067 119,514
Construction of Research Facilities........ FY 1993 34,800 22,699 20,893
National Telecommunications and Information
Administration:
Telecommunications Authorization Act of 1992, FY 1993 17,900 21,823 13,048
P.L. 102-538: Salaries and Expenses...........
Public Telecommunications Authorization Act of
1992, P.L. 102-356:
Public Telecommunications Facilities & FY 1994 42,000 24,000 43,466
Digital Broadcasting Applications.........
Information Infrastructure Grants.......... FY 1994 ............. 26,000 15,503
----------------------------------------------------------------------------------------------------------------
Comparison With the Budget Resolution
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives requires an explanation of compliance with
section 308(a)(1)(A) of the Congressional Budget and
Impoundment Control Act of 1974 (Public Law 93-344), as
amended, which requires that the report accompanying a bill
providing new budget authority contain a statement detailing
how that authority compares with the reports submitted under
section 302 of the Act for the most recently agreed to
concurrent resolution on the budget for the fiscal year from
the Committee's section 302(a) allocation.
------------------------------------------------------------------------
Section 302(b) Recommended in
allocation this bill
------------------------------------------------------------------------
Budget authority:
Mandatory......................... $572 $572
Discretionary..................... 38,541 38,541
---------------------------------
Total budget authority..........
==========39,113===========39,113
Outlays:
Mandatory......................... 581 581
Discretionary..................... 39,000 38,905
---------------------------------
Total outlays................... 39,581 39,486
------------------------------------------------------------------------
Five-Year Outlay Projections
In compliance with section 308(a)(1)(B) of the
Congressional Budget and Impoundment Control Act of 1974
(Public Law 93-344), as amended, the following table contains
five-year projections associated with the budget authority
provided in the accompanying bill:
Fiscal year 2002 outlays
[In millions of dollars]
Budget authority:
Outlays:
2002.............................................. $26,673
2003.............................................. 7,057
2004.............................................. 3,961
2005.............................................. 1,666
2006 and future years............................. 599
Assistance to State and Local Governments
In accordance with section 308(a)(1)(C) of the
Congressional Budget and Impoundment Control Act of 1974
(Public Law 93-344), as amended, the financial assistance to
State and local governments is as follows:
Millions
FY 2002 new budget authority............................ $3,576
FY 2002 outlays resulting therefrom..................... 543
Compliance With Rule XIII, Cl. 3(e) (Ramseyer Rule)
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, existing law in which no change
is proposed is shown in roman):
SECTION 286 OF THE IMMIGRATION AND NATIONALITY ACT OF 1952
Sec. 286. Dispositions of moneys collected under provisions of this
subchapter
(a) * * *
* * * * * * *
(d) Schedule of Fees.--In addition to any other fee
authorized by law, the Attorney General shall charge and
collect [$6] $7 per individual for the immigration inspection
of each passenger arriving at a port of entry in the United
States, or for the preinspection of a passenger in a place
outside of the United States prior to such arrival, aboard a
commercial aircraft or commercial vessel.
(e) Limitations on Fees.--(1) [No] Except as provided in
paragraph (3), no fee shall be charged under subsection (d) of
this section for immigration inspection or preinspection
provided in connection with the arrival of any passenger, other
than aircraft passengers, whose journey originated in the
following:
(A) Canada,
(B) Mexico,
(C) a territory or possession of the United States,
or
(D) any adjacent island (within the meaning of
section 1101(b)(5) of this title).
(2) No fee may be charged under subsection (d) of this
section with respect to the arrival of any passenger--
(A) who is in transit to a destination outside the
United States, and
(B) for whom immigration inspection services are not
provided.
(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.
* * * * * * *
SECTION 504 OF AN ACT MAKING APPROPRIATIONS FOR FISCAL YEAR 1996 TO
MAKE A FURTHER DOWNPAYMENT TOWARD A BALANCED BUDGET, AND FOR OTHER
PURPOSES
PUBLIC LAW 104-134
Sec. 504. (a) * * *
(1) * * *
* * * * * * *
(16) that initiates legal representation or
participates in any other way, in litigation, lobbying,
or rulemaking, involving an effort to reform a Federal
or State welfare system, except that this paragraph
shall not be construed to preclude a recipient from
representing an individual eligible client who is
seeking specific relief from a welfare agency [if such
relief does not involve an effort to amend or otherwise
challenge existing law in effect on the date of the
initiation of the representation];
* * * * * * *
transfer of funds
Pursuant to clause 3(f)(2) of rule XII of the Rules of the
House of Representatives, language included under ``National
Oceanic and Atmospheric Administration, Operations, Research
and Facilities'' and ``National Oceanic and Atmospheric
Administration, Procurement, Acquisition and Construction''
provides certain transfer authority.
rescissions
Pursuant to clause 3(f)(2) of rule XII of the Rules of the
House of Representatives, the following table is submitted
describing the rescissions recommended in the accompanying
bill:
Department of Commerce, Emergency Oil and Gas Guaranteed
Loan Program Account................................ -$115,000,000
Department of Commerce, Emergency Steel Guaranteed Loan
Program Account..................................... -10,000,000
Comparative Statement of New Budget (Obligational) Authority
The following table provides a detailed summary, for each
Department and agency, comparing the amounts recommended in the
bill with fiscal year 2001 enacted amounts and budget estimates
presented for fiscal year 2002:
MINORITY VIEWS OF THE HONORABLE JOSE SERRANO, THE HONORABLE ALAN
MOLLOHAN, THE HONORABLE LUCILLE ROYBAL-ALLARD, THE HONORABLE BUD
CRAMER, THE HONORABLE PATRICK KENNEDY AND THE HONORABLE DAVID OBEY
At the outset, we wish to express our appreciation for the
cooperative and bipartisan manner in which the Commerce,
Justice, State, Judiciary and Related Agencies Appropriations
bill for fiscal year 2002 has been handled by the Subcommittee
Chairman and the Majority. The Minority has been consulted at
every stage of the process thus far, and our views have been
reflected in many aspects of this bill. While we do not agree
with every recommendation in the bill, and will continue to
work for improvements in funding levels for several critical
areas, we believe that on the whole this fiscal year 2002 CJSJ
bill is one that Members on both sides of the aisle should
support.
We endorse the recommendations made in this bill to restore
many of the unreasonable cuts proposed in the President's
budget request for the State and local law enforcement and
community oriented policing services (COPS) programs. The
budget request had cut these critical programs by almost $1
Billion below FY 2001 levels. This bill provides a total of
$4.3 Billion for the activities of the Office of Justice
Programs and COPS, an increase of $661 million over the budget
request. It should be noted that this total amount is still
$323 million below the current year funding levels, and that
the amount appropriated for public safety and community
policing grants under COPS--including funds for both the COPS
universal hiring program and the COPS-MORE program--is still
$112 million below the FY 2001 appropriated level. We support
the bill's rejection of the Administration's proposed
elimination of funding for these specific COPS activities
through the restoration of $150 million in new appropriations
for these programs.
We also appreciate the support this bill shows for the
Secretary of State's initiatives to invest in the nation's
diplomatic readiness as well as the security, technology and
infrastructure requirements of the State Department. This bill
includes $7.4 Billion for the State Department, an increase of
$802 million or 12 percent above the current year appropriated
level for the entire Department, including an increase of 17
percent above current year levels for the Administration of
Foreign Affairs activities. We agree that a significant
investment is needed to ensure that the Secretary has the
adequate resources--people and technology--to carry out our
foreign policy and national security objectives, and to ensure
that our employees overseas work in the most secure environment
possible.
In contrast to the CJSJ bills reported out of Committee in
the past several years, this bill fully funds the request for
Contributions to International Peacekeeping Activities.
International peacekeeping operations are critical to
eliminating tensions and reducing tragedies throughout the
world, and can eliminate the need for direct involvement of
U.S. military forces at a fraction of the cost. We commend the
Subcommittee Chairman for his foresight in providing this
funding level.
It should be noted that the amount provided in the bill for
assessed contributions to the United Nations and other
international organizations (the Contributions to International
Organizations account) is slightly less than the amount
requested, and does not include additional funds that will be
necessary if the U.S. rejoins UNESCO as proposed in the State
Department authorization bill which passed the House on May 16,
2001. We look forward to working with the majority to ensure
that the appropriate funding level is made available for this
account as the bill progresses through the Congress. We also
would note that the bill includes a provision fencing off $100
million for the United Nations until there is a certification
that the UN is staying within its 2000-2001 biennial budget. In
a letter to the Committee regarding this bill dated July 10,
2001, the Director of the Office of Management and Budget
indicated that such language ``may unduly restrict the
President's ability to conduct foreign policy''. We want to
work with the Majority to make sure that nothing in this bill
results in the creation of further arrearages in our assessed
obligations to the UN and related agencies.
We are pleased to note the overall funding levels for the
Commerce Department's National Oceanic and Atmospheric
Administration (NOAA) in this bill. NOAA's activities in
coastal and ocean conservation, the management and preservation
of our nation's fisheries, the operations of the National
Weather Service as well as satellites and data systems that
support weather forecasts, plus critical research into global
climate change and otheroceanic and atmospheric phenomena, are
all critical to our Nation's economic and environmental future, as well
as to the safety and health of our people. While not every request from
Members or from the Administration could be accommodated in this
recommendation, we feel that, considering the competing requirements in
this bill, NOAA is funded at a level that reflects the importance of
the agency's overall mission. Included in this bill is full funding for
NOAA programs under the new Conservation Trust Fund created last year
by the Congress (Title VIII of the Fiscal Year 2001 Interior
Appropriations Act).
We also want to commend the Chairman for the funding levels
in this bill for the Legal Services Corporation. Level funding
for the LSC will eliminate the need to go through the exercise
carried out over the past six years to restore (or partially
restore) draconian cuts in this program--cuts that are not
supported by a majority in the Congress.
We also applaud full funding in this bill for the budget
requests of the Equal Employment Opportunity Commission and the
U.S. Commission on Civil Rights. In addition, funding for the
Justice Department's Civil Rights Division is increased above
the current services level, supporting not only the
Administration's initiatives on voting rights and the rights of
the disabled, but also an initiative to investigate allegations
of possible civil rights abuses against those incarcerated in
our nation's prisons or otherwise institutionalized.
While we have attempted in these views to indicate the many
areas of the bill we fully support, we must express some mixed
feelings about funding for certain programs under the Small
Business Administration (SBA). We commend the Majority for
rejecting the Administration's proposal to decrease the
appropriations needed for the SBA Disaster Loan Program and the
7(a) General Business Loan Program by assuming increases in
fees that will never be approved by the Congress. Yet we note
that concerns have been raised that the funding level provided
in this bill for subsidy budget authority for the 7(a) program
makes assumptions about available carryover that may result
either in the program running out of money and having to shut
down new loan-making activity in the third quarter of the next
fiscal year, or in a reduction in annual loan activity below
the $10 Billion assumed in the mark.
In addition, the bill endorses the Administration's request
of a zero-subsidy appropriation for Small Business Investment
Corporation (SBIC) participating securities program that will
require changes in the authorization for this program to raise
the fees charged under this program for small businesses to
access capital. Since the budget request and this bill do not
include additional funds for the PRIME program or the New
Markets program (including the BusinessLINC program)--developed
to assist minority or disadvantaged entrepreneurs in low income
communities access capital not otherwise available or to
provide technical assistance to businesses in these communities
not available through other sources--we are concerned that the
proposed changes to the SBIC program could result in an erosion
of efforts made recently to close the gap between the economic
``haves'' and ``have-nots''. We hope to work with the Chairman
and the Majority--as well as with the Administration once a
Small Business Administrator is confirmed--to restore the
necessary funds for appropriate programs to assist
entrepreneurs in these less-advantaged communities to continue
to close that economic gap.
As stated at the beginning of these views, we believe this
legislation on balance is a good bill produced through an open
and bi-partisan process. We will work with the Majority to
continue to make improvements to the bill as it moves through
the Congress. Barring significant negative changes during Floor
action on the bill, we believe that it deserves an ``aye'' vote
at final passage.
Jose E. Serrano.
Alan B. Mollohan.
Lucille Roybal-Allard.
Bud Cramer.
Patrick J. Kennedy.
David Obey.