[House Report 107-278]
[From the U.S. Government Publishing Office]
107th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 107-278
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MAKING APPROPRIATIONS FOR THE DEPARTMENTS OF COMMERCE, JUSTICE, AND
STATE, THE JUDICIARY, AND RELATED AGENCIES FOR THE FISCAL YEAR ENDING
SEPTEMBER 30, 2002, AND FOR OTHER PURPOSES
_______
November 9, 2001.--Ordered to be printed
_______
Mr. Wolf, from the Committee of Conference, submitted the following
CONFERENCE REPORT
[To accompany H.R. 2500]
The committee of conference on the disagreeing votes of
the two Houses on the amendment of the Senate to the bill (H.R.
2500) ``making appropriations for the Departments of Commerce,
Justice, and State, the Judiciary, and related agencies for the
fiscal year ending September 30, 2002, and for other
purposes'', having met, after full and free conference, have
agreed to recommend and do recommend to their respective Houses
as follows:
That the House recede from its disagreement to the
amendment of the Senate, and agree to the same with an
amendment, as follows:
In lieu of the matter stricken and inserted by said
amendment, insert:
That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the fiscal year
ending September 30, 2002, and for other purposes, namely:
TITLE I--DEPARTMENT OF JUSTICE
General Administration
salaries and expenses
For expenses necessary for the administration of the
Department of Justice, $91,668,000, of which not to exceed
$3,317,000 is for the Facilities Program 2000, to remain
available until expended: Provided, That not to exceed 43
permanent positions and 44 full-time equivalent workyears and
$8,451,000 shall be expended for the Department Leadership
Program exclusive of augmentation that occurred in these
offices in fiscal year 2001: Provided further, That not to
exceed 41 permanent positions and 48 full-time equivalent
workyears and $4,997,000 shall be expended for the Offices of
Legislative Affairs and Public Affairs: Provided further, That
the latter two aforementioned offices may utilize non-
reimbursable details of career employees within the caps
described in the preceding proviso: Provided further, That the
Attorney General is authorized to transfer, under such terms
and conditions as the Attorney General shall specify, forfeited
real or personal property of limited or marginal value, as such
value is determined by guidelines established by the Attorney
General, to a State or local government agency, or its
designated contractor or transferee, for use to support drug
abuse treatment, drug and crime prevention and education,
housing, job skills, and other community-based public health
and safety programs: Provided further, That any transfer under
the preceding proviso shall not create or confer any private
right of action in any person against the United States, and
shall be treated as a reprogramming under section 605 of this
Act.
joint automated booking system
For expenses necessary for the nationwide deployment of a
Joint Automated Booking System including automated capability
to transmit fingerprint and image data, $1,000,000, to remain
available until expended.
narrowband communications
For the costs of conversion to narrowband communications,
including the cost for operation and maintenance of Land Mobile
Radio legacy systems, $94,615,000, to remain available until
expended.
counterterrorism fund
For necessary expenses, as determined by the Attorney
General, $4,989,000, to remain available until expended, to
reimburse any Department of Justice organization for: (1) the
costs incurred in reestablishing the operational capability of
an office or facility which has been damaged or destroyed as a
result of any domestic or international terrorist incident; and
(2) the costs of providing support to counter, investigate or
prosecute domestic or international terrorism, including
payment of rewards in connection with these activities:
Provided, That any Federal agency may be reimbursed for the
costs of detaining in foreign countries individuals accused of
acts of terrorism that violate the laws of the United States:
Provided further, That funds provided under this paragraph
shall be available only after the Attorney General notifies the
Committees on Appropriations of the House of Representatives
and the Senate in accordance with section 605 of this Act.
administrative review and appeals
For expenses necessary for the administration of pardon and
clemency petitions and immigration-related activities,
$173,647,000.
detention trustee
For necessary expenses of the Federal Detention Trustee who
shall exercise all power and functions authorized by law
relating to the detention of Federal prisoners in non-Federal
institutions or otherwise in the custody of the United States
Marshals Service; and the detention of aliens in the custody of
the Immigration and Naturalization Service, $1,000,000:
Provided, That the Trustee shall be responsible for overseeing
construction of detention facilities or for housing related to
such detention; the management of funds appropriated to the
Department for the exercise of any detention functions; and the
direction of the United States Marshals Service and Immigration
andNaturalization Service with respect to the exercise of
detention policy setting and operations for the Department.
office of inspector general
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978, as amended, $50,735,000; including not to exceed $10,000
to meet unforeseen emergencies of a confidential character, to
be expended under the direction of, and to be accounted for
solely under the certificate of, the Attorney General; and for
the acquisition, lease, maintenance, and operation of motor
vehicles, without regard to the general purchase price
limitation for the current fiscal year.
United States Parole Commission
salaries and expenses
For necessary expenses of the United States Parole
Commission as authorized by law, $9,876,000.
Legal Activities
salaries and expenses, general legal activities
For expenses necessary for the legal activities of the
Department of Justice, not otherwise provided for, including
not to exceed $20,000 for expenses of collecting evidence, to
be expended under the direction of, and to be accounted for
solely under the certificate of, the Attorney General; and rent
of private or Government-owned space in the District of
Columbia, $549,176,000; of which not to exceed $10,000,000 for
litigation support contracts shall remain available until
expended: Provided, That of the total amount appropriated, not
to exceed $1,000 shall be available to the United States
National Central Bureau, INTERPOL, for official reception and
representation expenses: Provided further, That notwithstanding
any other provision of law, upon a determination by the
Attorney General that emergent circumstances require additional
funding for litigation activities of the Civil Division, the
Attorney General may transfer such amounts to ``Salaries and
Expenses, General Legal Activities'' from available
appropriations for the current fiscal year for the Department
of Justice, as may be necessary to respond to such
circumstances: Provided further, That any transfer pursuant to
the previous proviso shall be treated as a reprogramming under
section 605 of this Act and shall not be available for
obligation or expenditure except in compliance with the
procedures set forth in that section.
In addition, for reimbursement of expenses of the
Department of Justice associated with processing cases under
the National Childhood Vaccine Injury Act of 1986, as amended,
not to exceed $4,028,000, to be appropriated from the Vaccine
Injury Compensation Trust Fund.
legal activities office automation
For necessary office-automation expenses of organizations
funded under the headings ``Salaries and Expenses'', General
Legal Activities, and ``Salaries and Expenses'', General
Administration, and of the United States Attorneys, the United
States Marshals Service, the Antitrust Division, the United
States Trustee Program, the Executive Office for Immigration
Review, and the Community Relations Service, $15,765,000, to
remain available until expended.
salaries and expenses, antitrust division
For expenses necessary for the enforcement of antitrust and
kindred laws, $130,791,000: Provided, That, notwithstanding any
other provision of law, not to exceed $130,791,000 of
offsetting collections derived from fees collected for
premerger notification filings under the Hart-Scott-Rodino
Antitrust Improvements Act of 1976 (15 U.S.C. 18a), regardless
of the year of collection, shall be retained and used for
necessary expenses in this appropriation, and shall remain
available until expended: Provided further, That the sum herein
appropriated from the general fund shall be reduced as such
offsetting collections are received during fiscal year 2002, so
as to result in a final fiscal year 2002 appropriation from the
general fund estimated at not more than $0.
salaries and expenses, united states attorneys
For necessary expenses of the Offices of the United States
Attorneys, including inter-governmental and cooperative
agreements, $1,353,968,000; of which not to exceed $2,500,000
shall be available until September 30, 2003, for: (1) training
personnel in debt collection; (2) locating debtors and their
property; (3) paying the net costs of selling property; and (4)
tracking debts owed to the United States Government: Provided,
That of the total amount appropriated, not to exceed $8,000
shall be available for official reception and representation
expenses: Provided further, That not to exceed $10,000,000 of
those funds available for automated litigation support
contracts shall remain available until expended: Provided
further, That not to exceed $2,500,000 for the operation of the
National Advocacy Center shall remain available until expended:
Provided further, That, in addition to reimbursable full-time
equivalent workyears available to the Offices of the United
States Attorneys, not to exceed 9,571 positions and 9,776 full-
time equivalent workyears shall be supported from the funds
appropriated in this Act for the United States Attorneys:
Provided further, That, notwithstanding any other provision of
law, the Attorney General shall transfer to the Department of
Justice Working Capital Fund, unobligated, all unexpended funds
appropriated by the first heading of chapter 2 of title II of
division B of Public Law 106-246 and by section 202 of division
A of appendix H.R. 5666 of Public Law 106-554: Provided
further, That the fourth proviso under the heading``Salaries
and Expenses, United States Attorneys'' in title I of H.R. 3421 of the
106th Congress, as enacted by section 1000(a)(1) of Public Law 106-113
shall apply to amounts made available under this heading for fiscal
year 2002.
united states trustee system fund
For necessary expenses of the United States Trustee
Program, as authorized by 28 U.S.C. 589a(a), $147,000,000, to
remain available until expended and to be derived from the
United States Trustee System Fund: Provided, That,
notwithstanding any other provision of law, deposits to the
Fund shall be available in such amounts as may be necessary to
pay refunds due depositors: Provided further, That,
notwithstanding any other provision of law, $147,000,000 of
offsetting collections pursuant to 28 U.S.C. 589a(b) shall be
retained and used for necessary expenses in this appropriation
and remain available until expended: Provided further, That the
sum herein appropriated from the Fund shall be reduced as such
offsetting collections are received during fiscal year 2002, so
as to result in a final fiscal year 2002 appropriation from the
Fund estimated at $0.
salaries and expenses, foreign claims settlement commission
For expenses necessary to carry out the activities of the
Foreign Claims Settlement Commission, including services as
authorized by 5 U.S.C. 3109, $1,136,000.
salaries and expenses, united states marshals service
For necessary expenses of the United States Marshals
Service, including the acquisition, lease, maintenance, and
operation of vehicles, and the purchase of passenger motor
vehicles for police-type use, without regard to the general
purchase price limitation for the current fiscal year,
$619,429,000; of which not to exceed $6,000 shall be available
for official reception and representation expenses; and of
which not to exceed $4,000,000 for development, implementation,
maintenance and support, and training for an automated prisoner
information system shall remain available until expended:
Provided, That, in addition to reimbursable full-time
equivalent workyears available to the United States Marshals
Service, not to exceed 4,128 positions and 3,993 full-time
equivalent workyears shall be supported from the funds
appropriated in this Act for the United States Marshals
Service.
In addition, for the costs of courthouse security
equipment, including furnishings, relocations, and telephone
systems and cabling, $14,267,000, to remain available until
expended.
construction
For planning, constructing, renovating, equipping, and
maintaining United States Marshals Service prisoner-holding
space in United States courthouses and Federal buildings,
including the renovation and expansion of prisoner movement
areas, elevators, and sallyports, $15,000,000 to remain
available until expended.
federal prisoner detention
For expenses, related to United States prisoners in the
custody of the United States Marshals Service, but not
including expenses otherwise provided for in appropriations
available to the Attorney General, $706,182,000, to remain
available until expended.
fees and expenses of witnesses
For expenses, mileage, compensation, and per diems of
witnesses, for expenses of contracts for the procurement and
supervision of expert witnesses, for private counsel expenses,
and for per diems in lieu of subsistence, as authorized by law,
including advances, $156,145,000, to remain available until
expended; of which not to exceed $6,000,000 may be made
available for planning, construction, renovations, maintenance,
remodeling, and repair of buildings, and the purchase of
equipment incident thereto, for protected witness safesites; of
which not to exceed$1,000,000 may be made available for the
purchase and maintenance of armored vehicles for transportation of
protected witnesses; and of which not to exceed $5,000,000 may be made
available for the purchase, installation, and maintenance of secure
telecommunications equipment and a secure automated information network
to store and retrieve the identities and locations of protected
witnesses.
salaries and expenses, community relations service
For necessary expenses of the Community Relations Service,
$9,269,000 and, in addition, up to $1,000,000 of funds made
available to the Department of Justice in this Act may be
transferred by the Attorney General to this account: Provided,
That notwithstanding any other provision of law, upon a
determination by the Attorney General that emergent
circumstances require additional funding for conflict
prevention and resolution activities of the Community Relations
Service, the Attorney General may transfer such amounts to the
Community Relations Service, from available appropriations for
the current fiscal year for the Department of Justice, as may
be necessary to respond to such circumstances: Provided
further, That any transfer pursuant to the previous proviso
shall be treated as a reprogramming under section 605 of this
Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that
section.
assets forfeiture fund
For expenses authorized by 28 U.S.C. 524(c)(1)(A)(ii), (B),
(F), and (G), as amended, $22,949,000, to be derived from the
Department of Justice Assets Forfeiture Fund.
Radiation Exposure Compensation
administrative expenses
For necessary administrative expenses in accordance with
the Radiation Exposure Compensation Act, $1,996,000.
Interagency Law Enforcement
interagency crime and drug enforcement
For necessary expenses for the detection, investigation,
and prosecution of individuals involved in organized crime drug
trafficking not otherwise provided for, to include inter-
governmental agreements with State and local law enforcement
agencies engaged in the investigation and prosecution of
individuals involved in organized crime drug trafficking,
$338,577,000, of which $50,000,000 shall remain available until
expended: Provided, That any amounts obligated from
appropriations under this heading may be used under authorities
available to the organizations reimbursed from this
appropriation: Provided further, That any unobligated balances
remaining available at the end of the fiscal year shall revert
to the Attorney General for reallocation among participating
organizations in succeeding fiscal years, subject to the
reprogramming procedures set forth in section 605 of this Act.
Federal Bureau of Investigation
salaries and expenses
For necessary expenses of the Federal Bureau of
Investigation for detection, investigation, and prosecution of
crimes against the United States; including purchase for
police-type use of not to exceed 1,354 passenger motor
vehicles, of which 1,190 will be for replacement only, without
regard to the general purchase price limitation for the current
fiscal year, and hire of passenger motor vehicles; acquisition,
lease, maintenance, and operation of aircraft; and not to
exceed $70,000 to meet unforeseen emergencies of a confidential
character, to be expended under the direction of, and to be
accounted for solely under the certificate of, the Attorney
General, $3,491,073,000; of which not to exceed $50,000,000 for
automated data processing and telecommunications and technical
investigative equipment and not to exceed $1,000,000 for
undercover operations shall remain available until September
30, 2003; of which not less than $459,243,000 shall be for
counterterrorism investigations, foreign counterintelligence,
and other activities related to our national security; of which
not to exceed $10,000,000 is authorized to be made available
for making advances for expenses arising out of contractual or
reimbursable agreements with State and local law enforcement
agencies while engaged in cooperative activities related to
violent crime, terrorism, organized crime, and drug
investigations: Provided, That not to exceed $45,000 shall be
available for official reception and representation expenses:
Provided further, That of the amount made available under this
heading, $53,000 shall be available only to reimburse Acadian
Ambulance & Air Med Services for costs incurred during the
December 1999 prison riot in St. Martin Parish Correctional
Center, St. Martin Parish, Louisiana: Provided further, That,
in addition to reimbursable full-time equivalent workyears
available to the Federal Bureau of Investigation, not to exceed
24,935 positions and 24,488 full-time equivalent workyears
shall be supported from the funds appropriated in this Act for
the Federal Bureau of Investigation.
construction
For necessary expenses to construct or acquire buildings
and sites by purchase, or as otherwise authorized by law
(including equipment for such buildings); conversion and
extension of federally-owned buildings; and preliminary
planning and design of projects; $33,791,000, to remain
available until expended.
Drug Enforcement Administration
salaries and expenses
For necessary expenses of the Drug Enforcement
Administration, including not to exceed $70,000 to meet
unforeseen emergencies of a confidential character, to be
expended under the direction of, and to be accounted for solely
under the certificate of, the Attorney General; expenses for
conducting drug education and training programs, including
travel and related expenses for participants in such programs
and the distribution of items of token value that promote the
goals of such programs; purchase of not to exceed 1,477
passenger motor vehicles, of which 1,354 will be for
replacement only, for police-type use without regard to the
general purchase price limitation for the current fiscal year;
and acquisition, lease, maintenance, and operation of aircraft,
$1,481,783,000; of which $33,000,000 for permanent change of
station shall remain available until September 30, 2003; of
which not to exceed $1,800,000 for research shall remain
available until expended, and of which not to exceed $4,000,000
for purchase of evidence and payments for information, not to
exceed $10,000,000 for contracting for automated data
processing and telecommunications equipment, and not toexceed
$2,000,000 for laboratory equipment, $4,000,000 for technical
equipment, and $2,000,000 for aircraft replacement retrofit and parts,
shall remain available until September 30, 2003; of which not to exceed
$50,000 shall be available for official reception and representation
expenses: Provided, That, in addition to reimbursable full-time
equivalent workyears available to the Drug Enforcement Administration,
not to exceed 7,654 positions and 7,515 full-time equivalent workyears
shall be supported from the funds appropriated in this Act for the Drug
Enforcement Administration.
Immigration and Naturalization Service
salaries and expenses
For expenses necessary for the administration and
enforcement of the laws relating to immigration,
naturalization, and alien registration, as follows:
enforcement and border affairs
For salaries and expenses for the Border Patrol program,
the detention and deportation program, the intelligence
program, the investigations program, and the inspections
program, including not to exceed $50,000 to meet unforeseen
emergencies of a confidential character, to be expended under
the direction of, and to be accounted for solely under the
certificate of, the Attorney General; purchase for police-type
use (not to exceed 3,165 passenger motor vehicles, of which
2,211 are for replacement only), without regard to the general
purchase price limitation for the current fiscal year, and hire
of passenger motor vehicles; acquisition, lease, maintenance
and operation of aircraft; research related to immigration
enforcement; for protecting and maintaining the integrity of
the borders of the United States including, without limitation,
equipping, maintaining, and making improvements to the
infrastructure; and for the care and housing of Federal
detainees held in the joint Immigration and Naturalization
Service and United States Marshals Service Buffalo Detention
Facility, $2,739,695,000; of which not to exceed $5,000,000 is
for payments or advances arising out of contractual or
reimbursable agreements with State and local law enforcement
agencies while engaged in cooperative activities related to
immigration; of which not to exceed $5,000,000 is to fund or
reimburse other Federal agencies for the costs associated with
the care, maintenance, and repatriation of smuggled illegal
aliens: Provided, That none of the funds available to the
Immigration and Naturalization Service shall be available to
pay any employee overtime pay in an amount in excess of $30,000
during the calendar year beginning January 1, 2002, except that
the INS Commissioner may exceed this cap as necessary for
national security purposes and in cases of immigration
emergencies: Provided further, That uniforms may be purchased
without regard to the general purchase price limitation for the
current fiscal year: Provided further, That, in addition to
reimbursable full-time equivalent workyears available to the
Immigration and Naturalization Service, not to exceed 20,759
positions and 20,096 full-time equivalent workyears shall be
supported from the funds appropriated under this heading in
this Act for the Immigration and Naturalization Service:
Provided further, That none of the funds provided in this or
any other Act shall be used for the continued operation of the
San Clemente and Temecula checkpoints unless the checkpoints
are open and traffic is being checked on a continuous 24-hour
basis.
citizenship and benefits, immigration support and program direction
For all programs of the Immigration and Naturalization
Service not included under the heading ``Enforcement and Border
Affairs'', $631,745,000, of which not to exceed $400,000 for
research shall remain available until expended: Provided, That
not to exceed $5,000 shall be available for official reception
and representation expenses: Provided further, That the
Attorney General may transfer any funds appropriated under this
heading and the heading ``Enforcement and Border Affairs''
between said appropriations notwithstanding any percentage
transfer limitations imposed under this appropriations Act and
may direct such fees as are collected by the Immigration and
Naturalization Service to the activities funded under this
heading and the heading ``Enforcement and Border Affairs'' for
performance of the functions for which the fees legally may be
expended: Provided further, That not to exceed 40 permanent
positions and 40 full-time equivalent workyears and $4,300,000
shall be expended for the Offices of Legislative Affairs and
Public Affairs: Provided further, That unencumbered positions
in the aforementioned offices after the date of enactment of
this Act shall be filled only by personnel details, temporary
transfers of personnel on either a reimbursable or non-
reimbursable basis, or any other formal or informal transfer or
reimbursement of personnel or funds on either a temporary or
long-term basis up to 10 full-time equivalent workyears:
Provided further, That the number of positions filled through
non-career appointment at the Immigration and Naturalization
Service, for which funding is provided in this Act or is
otherwise made available to the Immigration and Naturalization
Service, shall not exceed six permanent positions and six full-
time equivalent workyears: Provided further, That none of the
funds available to the Immigration and Naturalization Service
shall be used to pay any employee overtime pay in an amount in
excess of $30,000during the calendar year beginning January 1,
2002, except that the INS Commissioner may exceed this cap as necessary
for national security purposes and in cases of immigration emergencies:
Provided further, That funds may be used, without limitation, for
equipping, maintaining, and making improvements to the infrastructure
and the purchase of vehicles for police-type use within the limits of
the Enforcement and Border Affairs appropriation: Provided further,
That, in addition to reimbursable full-time equivalent workyears
available to the Immigration and Naturalization Service, not to exceed
3,100 positions and 3,500 full-time equivalent workyears shall be
supported from the funds appropriated under this heading in this Act
for the Immigration and Naturalization Service.
construction
For planning, construction, renovation, equipping, and
maintenance of buildings and facilities necessary for the
administration and enforcement of the laws relating to
immigration, naturalization, and alien registration, not
otherwise provided for, $128,454,000, to remain available until
expended: Provided, That no funds shall be available for the
site acquisition, design, or construction of any Border Patrol
checkpoint in the Tucson sector.
Federal Prison System
salaries and expenses
For expenses necessary for the administration, operation,
and maintenance of Federal penal and correctional institutions,
including purchase (not to exceed 685, of which 610 are for
replacement only) and hire of law enforcement and passenger
motor vehicles, and for the provision of technical assistance
and advice on corrections related issues to foreign
governments, $3,808,600,000: Provided, That the Attorney
General may transfer to the Health Resources and Services
Administration such amounts as may be necessary for direct
expenditures by that Administration for medical relief for
inmates of Federal penal and correctional institutions:
Provided further, That the Director of the Federal Prison
System (FPS), where necessary, may enter into contracts with a
fiscal agent/fiscal intermediary claims processor to determine
the amounts payable to persons who, on behalf of FPS, furnish
health services to individuals committed to the custody of FPS:
Provided further, That not to exceed $6,000 shall be available
for official reception and representation expenses: Provided
further, That not to exceed $50,000,000 shall remain available
for necessary operations until September 30, 2003: Provided
further, That, of the amounts provided for Contract
Confinement, not to exceed $20,000,000 shall remain available
until expended to make payments in advance for grants,
contracts and reimbursable agreements, and other expenses
authorized by section 501(c) of the Refugee Education
Assistance Act of 1980, as amended, for the care and security
in the United States of Cuban and Haitian entrants: Provided
further, That the Director of the Federal Prison System may
accept donated property and services relating to the operation
of the prison card program from a not-for-profit entity which
has operated such program in the past notwithstanding the fact
that such not-for-profit entity furnishes services under
contracts to the Federal Prison System relating to the
operation of pre-release services, halfway houses or other
custodial facilities.
buildings and facilities
For planning, acquisition of sites and construction of new
facilities; purchase and acquisition of facilities and
remodeling, and equipping of such facilities for penal and
correctional use, including all necessary expenses incident
thereto, by contract or force account; and constructing,
remodeling, and equipping necessary buildings and facilities at
existing penal and correctional institutions, including all
necessary expenses incident thereto, by contract or force
account, $813,552,000, to remain available until expended, of
which not to exceed $14,000,000 shall be available to construct
areas for inmate work programs: Provided, That labor of United
States prisoners may be used for work performed under this
appropriation: Provided further, That not to exceed 10 percent
of the funds appropriated to ``Buildings and Facilities'' in
this or any other Act may be transferred to ``Salaries and
Expenses'', Federal Prison System, upon notification by the
Attorney General to the Committees on Appropriations of the
House of Representatives and the Senate in compliance with
provisions set forth in section 605 of this Act.
federal prison industries, incorporated
The Federal Prison Industries, Incorporated, is hereby
authorized to make such expenditures, within the limits of
funds and borrowing authority available, and in accord with the
law, and to make such contracts and commitments, without regard
to fiscal year limitations as provided by section 9104 of title
31, United States Code, as may be necessary in carrying out the
program set forth in the budget for the current fiscal year for
such corporation, including purchase (not to exceed five for
replacement only) and hire of passenger motor vehicles.
limitation on administrative expenses, federal prison industries,
incorporated
Not to exceed $3,429,000 of the funds of the corporation
shall be available for its administrative expenses, and for
services as authorized by 5 U.S.C. 3109, to be computed on an
accrual basis to be determined in accordancewith the
corporation's current prescribed accounting system, and such amounts
shall be exclusive of depreciation, payment of claims, and expenditures
which the said accounting system requires to be capitalized or charged
to cost of commodities acquired or produced, including selling and
shipping expenses, and expenses in connection with acquisition,
construction, operation, maintenance, improvement, protection, or
disposition of facilities and other property belonging to the
corporation or in which it has an interest.
Office of Justice Programs
justice assistance
For grants, contracts, cooperative agreements, and other
assistance authorized by title I of the Omnibus Crime Control
and Safe Streets Act of 1968, as amended (``the 1968 Act''),
and the Missing Children's Assistance Act, as amended,
including salaries and expenses in connection therewith, and
with the Victims of Crime Act of 1984, as amended,
$185,514,000, to remain available until expended, as authorized
by section 1001 of title I of the Omnibus Crime Control and
Safe Streets Act of 1968, as amended by Public Law 102-534 (106
Stat. 3524).
In addition, for grants, cooperative agreements, and other
assistance authorized by sections 819 and 821 of the
Antiterrorism and Effective Death Penalty Act of 1996 and for
other counterterrorism programs, $251,494,000, to remain
available until expended.
state and local law enforcement assistance
For assistance authorized by the Violent Crime Control and
Law Enforcement Act of 1994 (Public Law 103-322), as amended
(``the 1994 Act''); the Omnibus Crime Control and Safe Streets
Act of 1968, as amended (``the 1968 Act''); the Victims of
Child Abuse Act of 1990, as amended (``the 1990 Act''); and the
Victims of Trafficking and Violence Protection Act of 2000
(Public Law 106-386); $2,403,354,000 (including amounts for
administrative costs, which shall be transferred to and merged
with the ``Justice Assistance'' account), to remain available
until expended as follows:
(1) $400,000,000 for Local Law Enforcement Block
Grants, pursuant to H.R. 728 as passed by the House of
Representatives on February 14, 1995, except that for
purposes of this Act and retroactive to October 1,
2000, Guam shall be considered as one ``State'' for all
purposes under H.R. 728, notwithstanding any provision
of section 108(3) thereof, the Commonwealth of Puerto
Rico shall be considered a ``unit of local government''
as well as a ``State'', for the purposes set forth in
paragraphs (A), (B), (D), (F), and (I) of section
101(a)(2) of H.R. 728, and for establishing crime
prevention programs involving cooperation between
community residents and law enforcement personnel in
order to control, detect, or investigate crime or the
prosecution of criminals: Provided, That no funds
provided under this heading may be used as matching
funds for any other Federal grant program, of which:
(A) $70,000,000 shall be for Boys and Girls
Clubs in public housing facilities and other
areas in cooperation with State and local law
enforcement: Provided, That funds may also be
used to defray the costs of indemnification
insurance for law enforcement officers,
(B) $19,956,000 shall be available for
grants, contracts, and other assistance to
carry out section 102(c) of H.R. 728;
(2) $565,000,000 for the State Criminal Alien
Assistance Program, as authorized by section 242(j) of
the Immigration and Nationality Act, as amended;
(3) $20,000,000 for the Cooperative Agreement
Program;
(4) $48,162,000 for assistance to Indian tribes, of
which:
(A) $35,191,000 shall be available for
grants under section 20109(a)(2) of subtitle A
of title II of the 1994 Act;
(B) $7,982,000 shall be available for the
Tribal Courts Initiative; and
(C) $4,989,000 shall be available for
demonstration grants on alcohol and crime in
Indian Country;
(5) $594,489,000 for programs authorized by part E
of title I of the 1968 Act, notwithstanding the
provisions of section 511 of said Act, of which
$94,489,000 shall be for discretionary grants under the
Edward Byrne Memorial State and Local Law Enforcement
Assistance Programs;
(6) $11,975,000 for the Court Appointed Special
Advocate Program, as authorized by section 218 of the
1990 Act;
(7) $2,296,000 for Child Abuse Training Programs
for Judicial Personnel and Practitioners, as authorized
by section 224 of the 1990 Act;
(8) $998,000 for grants for televised testimony, as
authorized by section 1001(a)(7) of the 1968 Act;
(9) $184,737,000 for Grants to Combat Violence
Against Women, to States, units of local government,
and Indian tribal governments, as authorized by section
1001(a)(18) of the 1968 Act, of which:
(A) $1,000,000 shall be for the Bureau of
Justice Statistics for grants, contracts, and
other assistance for a domestic violence
Federal case processing study;
(B) $5,200,000 shall be for the National
Institute of Justice for grants, contracts, and
other assistance for research and evaluation of
violence against women;
(C) $10,000,000 shall be for the Office of
Juvenile Justice and Delinquency Prevention for
the Safe Start Program, to be administered as
authorized by part C of the Juvenile Justice
and Delinquency Act of 1974, as amended; and
(D) $200,000 for the Attorney General to
conduct a study and prepare a report to be
submitted to the Subcommittee on Commerce,
Justice and State Appropriations of the Senate
and House of Representatives Appropriations
Committee on the response of local law
enforcement agencies to emergency calls
involving domestic violence;
(10) $64,925,000 for Grants to Encourage Arrest
Policies to States, units of local government,and
Indian tribal governments, as authorized by section 1001(a)(19) of the
1968 Act;
(11) $39,945,000 for Rural Domestic Violence and
Child Abuse Enforcement Assistance Grants, as
authorized by section 40295 of the 1994 Act;
(12) $4,989,000 for training programs to assist
probation and parole officers who work with released
sex offenders, as authorized by section 40152(c) of the
1994 Act, and for local demonstration projects;
(13) $3,000,000 for grants to States and units of
local government to improve the process for entering
data regarding stalking and domestic violence into
local, State, and national crime information databases,
as authorized by section 40602 of the 1994 Act;
(14) $10,000,000 for grants to reduce Violent
Crimes Against Women on Campus, as authorized by
section 1108(a) of Public Law 106-386;
(15) $40,000,000 for Legal Assistance for Victims,
as authorized by section 1201 of Public Law 106-386;
(16) $5,000,000 for enhancing protection for older
and disabled women from domestic violence and sexual
assault as authorized by section 40801 of the 1994 Act;
(17) $15,000,000 for the Safe Havens for Children
Pilot Program as authorized by section 1301 of Public
Law 106-386;
(18) $200,000 for the study of standards and
processes for forensic exams of domestic violence, as
authorized by section 1405 of Public Law 106-386;
(19) $7,500,000 for Education and Training to end
violence against and abuse of women with disabilities,
as authorized by section 1402 of Public Law 106-386;
(20) $10,000,000 for victim services programs for
victims of trafficking, as authorized by section
107(b)(2) of Public Law 106-386;
(21) $70,000,000 for grants for residential
substance abuse treatment for State prisoners, as
authorized by section 1001(a)(17) of the 1968 Act:
Provided, That States that have in-prison drug
treatment programs, in compliance with Federal
requirements, may use their residential substance abuse
grant funds for treatment, both during incarceration
and after release;
(22) $898,000 for the Missing Alzheimer's Disease
Patient Alert Program, as authorized by section
240001(c) of the 1994 Act;
(23) $50,000,000 for Drug Courts, as authorized by
title V of the 1994 Act;
(24) $1,497,000 for Law Enforcement Family Support
Programs, as authorized by section 1001(a)(21) of the
1968 Act;
(25) $1,995,000 for public awareness programs
addressing marketing scams aimed at senior citizens, as
authorized by section 250005(3) of the 1994 Act;
(26) $249,450,000 for Juvenile Accountability
Incentive Block Grants, of which $38,000,000 shall be
available for grants, contracts, and other assistance
under the Project ChildSafe Initiative, except that
such funds shall be subject to the same terms and
conditions as set forth in the provisions under this
heading for this program in Public Law 105-119, but all
references in such provisions to 1998 shall be deemed
to refer instead to 2002, and Guam shall be considered
a ``State'' for the purposes of title III of H.R. 3, as
passed by the House of Representatives on May 8, 1997;
and
(27) $1,298,000 for Motor Vehicle Theft Prevention
Programs, as authorized by section 220002(h) of the
1994 Act:Provided, That funds made available in fiscal
year 2002 under subpart 1 of part E of title I of the 1968 Act may be
obligated for programs to assist States in the litigation processing of
death penalty Federal habeas corpus petitions and for drug testing
initiatives: Provided further, That, if a unit of local government uses
any of the funds made available under this title to increase the number
of law enforcement officers, the unit of local government will achieve
a net gain in the number of law enforcement officers who perform
nonadministrative public safety service.
weed and seed program fund
For necessary expenses, including salaries and related
expenses of the Executive Office for Weed and Seed, to
implement ``Weed and Seed'' program activities, $58,925,000, to
remain available until expended, for inter-governmental
agreements, including grants, cooperative agreements, and
contracts, with State and local law enforcement agencies, non-
profit organizations, and agencies of local government engaged
in the investigation and prosecution of violent crimes and drug
offenses in ``Weed and Seed'' designated communities, and for
either reimbursements or transfers to appropriation accounts of
the Department of Justice and other Federal agencies which
shall be specified by the Attorney General to execute the
``Weed and Seed'' program strategy: Provided, That funds
designated by Congress through language for other Department of
Justice appropriation accounts for ``Weed and Seed'' program
activities shall be managed and executed by the Attorney
General through the Executive Office for Weed and Seed:
Provided further, That the Attorney General may direct the use
of other Department of Justice funds and personnel in support
of ``Weed and Seed'' program activities only after the Attorney
General notifies the Committees on Appropriations of the House
of Representatives and the Senate in accordance with section
605 of this Act.
community oriented policing services
For activities authorized by the Violent Crime Control and
Law Enforcement Act of 1994, Public Law 103-322 (``the 1994
Act'') (including administrative costs), $1,050,440,000, to
remain available until expended: Provided, That prior year
balances available in this program shall be used for the direct
hiring of law enforcement officers through the Universal Hiring
Program: Provided further, That section 1703 (b) and (c) of the
1968 Act shall not apply to non-hiring grants made pursuant to
part Q of title I thereof (42 U.S.C. 3796dd et seq.): Provided
further, That all prior year balances derived from the Violent
Crime Trust Fund for Community Oriented Policing Services may
be transferred into this appropriation: Provided further, That
the officer redeployment demonstration described in Section
1701(b)(1)(C) shall not apply to equipment, technology, support
system or overtime grants made pursuant to part Q of title I
thereof (42 U.S.C. 3796dd et seq.).
Of the amounts provided:
(1) for Public Safety and Community Policing Grants
pursuant to title I of the 1994 Act, $496,014,000 as
follows: $330,000,000 for the hiring of law enforcement
officers, including up to $180,000,000 for school
resource officers; $20,662,000 for training and
technical assistance; $25,444,000 for the matching
grant program for Law Enforcement Armor Vests pursuant
to section 2501 of part Y of the Omnibus Crime Control
and Safe Streets Act of 1968, as amended (``the 1968
Act''); $35,000,000 to improve tribal law enforcement
including equipment and training; $70,473,000 for
policing initiatives to combat methamphetamine
production and trafficking and to enhance policing
initiatives in ``drug hot spots''; and $14,435,000 for
Police Corps education, training, and service under
sections 200101-200113 of the 1994 Act;
(2) for crime technology, $351,632,000 as follows:
$154,345,000 for a law enforcement technology program;
$35,000,000 for grants to upgrade criminal records, as
authorized under the Crime Identification Technology
Act of 1998 (42 U.S.C. 14601); $40,000,000 for DNA
analysis and backlog reduction of which $35,000,000
shall be used as authorized by the DNA Analysis Backlog
Elimination Act of 2000 (Public Law 106-546) and of
which $5,000,000 shall be available for Paul Coverdell
Forensic Sciences Improvement Grants under part BB of
title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3797j et seq.); $35,000,000 for
State and local DNA laboratories as authorized by
section 1001(a)(22) of the 1968 Act, and improvements
to forensic laboratory general forensic science
capacity and capabilities; and $87,287,000 for grants,
contracts and other assistance to States under section
102(b) of the Crime Identification Technology Act of
1998 (42 U.S.C. 14601), of which $17,000,000 is for the
National Institute of Justice for grants, contracts,
and other agreements to develop school safety
technologies and training;
(3) for prosecution assistance, $99,780,000 as
follows: $49,780,000 for a national program to reduce
gun violence, and $50,000,000 for the Southwest Border
Prosecutor Initiative to reimburse State, county,
parish, tribal, or municipal governments only for
Federal costs associated with the prosecution of
criminal cases declined by local U.S. Attorneys
offices;
(4) for grants, training, technical assistance, and
other expenses to support community crime prevention
efforts, $70,202,000 as follows: $14,967,000 for
Project Sentry; $14,934,000 for an offender re-entry
program; $23,338,000 for the Safe Schools Initiative;
and $16,963,000 for a police integrity program; and
(5) not to exceed $32,812,000 for program
management and administration.
juvenile justice programs
For grants, contracts, cooperative agreements, and other
assistance authorized by the Juvenile Justice and Delinquency
Prevention Act of 1974, as amended (``the Act''), including
salaries and expenses in connection therewith to be transferred
to and merged with the appropriations for Justice Assistance,
$286,403,000, to remain available until expended, as authorized
by section 299 of part I of title II and section 506 of title V
of the Act, as amended by Public Law 102-586, of which: (1)
notwithstanding any other provision of law, $6,832,000shall be
available for expenses authorized by part A of title II of the Act,
$88,804,000 shall be available for expenses authorized by part B of
title II of the Act, and $58,513,000 shall be available for expenses
authorized by part C of title II of the Act: Provided, That $26,442,000
of the amounts provided for part B of title II of the Act, as amended,
is for the purpose of providing additional formula grants under part B
to States that provide assurances to the Administrator that the State
has in effect (or will have in effect no later than 1 year after date
of application) policies and programs that ensure that juveniles are
subject to accountability-based sanctions for every act for which they
are adjudicated delinquent; (2) $11,974,000 shall be available for
expenses authorized by sections 281 and 282 of part D of title II of
the Act for prevention and treatment programs relating to juvenile
gangs; (3) $9,978,000 shall be available for expenses authorized by
section 285 of part E of title II of the Act; (4) $15,965,000 shall be
available for expenses authorized by part G of title II of the Act for
juvenile mentoring programs; and (5) $94,337,000 shall be available for
expenses authorized by title V of the Act for incentive grants for
local delinquency prevention programs; of which $12,472,000 shall be
for delinquency prevention, control, and system improvement programs
for tribal youth; of which $14,513,000 shall be available for the Safe
Schools Initiative including $5,033,000 for grants, contracts, and
other assistance under the Project Sentry Initiative; and of which
$25,000,000 shall be available for grants of $360,000 to each State and
$6,640,000 shall be available for discretionary grants to States, for
programs and activities to enforce State laws prohibiting the sale of
alcoholic beverages to minors or the purchase or consumption of
alcoholic beverages by minors, prevention and reduction of consumption
of alcoholic beverages by minors, and for technical assistance and
training: Provided further, That of amounts made available under the
Juvenile Justice Programs of the Office of Justice Programs to carry
out part B (relating to Federal Assistance for State and Local
Programs), subpart II of part C (relating to Special Emphasis
Prevention and Treatment Programs), part D (relating to Gang-Free
Schools and Communities and Community-Based Gang Intervention), part E
(relating to State Challenge Activities), and part G (relating to
Mentoring) of title II of the Juvenile Justice and Delinquency
Prevention Act of 1974, and to carry out the At-Risk Children's Program
under title V of that Act, not more than 10 percent of each such amount
may be used for research, evaluation, and statistics activities
designed to benefit the programs or activities authorized under the
appropriate part or title, and not more than 2 percent of each such
amount may be used for training and technical assistance activities
designed to benefit the programs or activities authorized under that
part or title.
In addition, for grants, contracts, cooperative agreements,
and other assistance, $10,976,000 to remain available until
expended, for developing, testing, and demonstrating programs
designed to reduce drug use among juveniles.
In addition, for grants, contracts, cooperative agreements,
and other assistance authorized by the Victims of Child Abuse
Act of 1990, as amended, $8,481,000, to remain available until
expended, as authorized by section 214B of the Act.
public safety officers benefits
To remain available until expended, for payments authorized
by part L of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796), as amended, such sums as
are necessary, as authorized by section 6093 of Public Law 100-
690 (102 Stat. 4339-4340); and $4,500,000, to remain available
until expended for payments as authorized by section 1201(b) of
said Act.
General Provisions--Department of Justice
Sec. 101. In addition to amounts otherwise made available
in this title for official reception and representation
expenses, a total of not to exceed $45,000 from funds
appropriated to the Department of Justice in this title shall
be available to the Attorney General for official reception and
representation expenses in accordance with distributions,
procedures, and regulations established by the Attorney
General.
Sec. 102. Authorities contained in the Department of
Justice Appropriation Authorization Act, Fiscal Year 1980
(Public Law 96-132; 93 Stat. 1040 (1979)), as amended, shall
remain in effect until the effective date of a subsequent
Department of Justice Appropriation Authorization Act.
Sec. 103. None of the funds appropriated by this title
shall be available to pay for an abortion, except where the
life of the mother would be endangered if the fetus were
carried to term, or in the case of rape: Provided, That should
this prohibition be declared unconstitutional by a court of
competent jurisdiction, this section shall be null and void.
Sec. 104. None of the funds appropriated under this title
shall be used to require any person to perform, or facilitate
in any way the performance of, any abortion.
Sec. 105. Nothing in the preceding section shall remove the
obligation of the Director of the Bureau of Prisons to provide
escort services necessary for a female inmate to receive such
service outside the Federal facility: Provided, That nothing in
this section in any way diminishes the effect of section 104
intended to address the philosophical beliefs of individual
employees of the Bureau of Prisons.
Sec. 106. Notwithstanding any other provision of law, not
to exceed $10,000,000 of the funds made available in this Act
may be used to establish and publicize a program under which
publicly advertised, extraordinary rewards may be paid, which
shall not be subject to spending limitations contained in
sections 3059 and 3072 of title 18, United States Code:
Provided, That any reward of $100,000 or more, up to a maximum
of $2,000,000, may not be made without the personal approval of
the President or the Attorney General and such approval may not
be delegated: Provided further, That rewards made pursuant to
section 501 of Public Law 107-56 shall not be subject to this
section.
Sec. 107. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of
Justice in this Act may be transferred between such
appropriations, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 10
percent by any such transfers: Provided, That any transfer
pursuant to this section shall be treated as a reprogramming of
funds under section 605 of this Act and shall not be available
for obligation except in compliance with the procedures set
forth in that section.
Sec. 108. Notwithstanding any other provision of law,
$1,000,000 shall be available for technical assistance from the
funds appropriated for part G of title II of the Juvenile
Justice and Delinquency Prevention Act of 1974, as amended.
Sec. 109. Section 286 of the Immigration and Nationality
Act (8 U.S.C. 1356), as amended, is further amended as follows:
(1) by striking in subsection (d) ``$6'', and
inserting ``$7'';
(2) by amending subsection (e)(1), by replacing
``No'' with ``Except as provided in paragraph (3),
no''; and
(3) by adding a new paragraph (e)(3) as follows:
``(3) The Attorney General is authorized to charge
and collect $3 per individual for the immigration
inspection or pre-inspection of each commercial vessel
passenger whose journey originated in the United States
or in any place set forth in paragraph (1): Provided,
That this authorization shall not apply to immigration
inspection at designated ports of entry of passengers
arriving by the following vessels, when operating on a
regular schedule: Great Lakes international ferries, or
Great Lakes Vessels on the Great Lakes and connecting
waterways.''.
Sec. 110. Section 286(q)(1)(A) of the Immigration and
Nationality Act of 1953, as amended, is further amended by
striking ``6'' and inserting ``96''.
Sec. 111. (a) Section 1402(d)(3) of the Victims of Crime
Act of 1984, is amended by striking the period at the end and
inserting ``, and for a Victim Notification System.''.
(b) Section 1402(c) of the Victims of Crime Act of 1984 is
amended to read as it did on October 25, 2001.
Sec. 112. Section 6 of the Hmong Veterans' Naturalization
Act of 2000 (Public Law 106-207; 8 U.S.C. 1423 note) (as
amended by Public Law 106-415) is amended by striking ``18
months'' each place such term appears and inserting ``36
months''.
Sec. 113. No provision of section 614 of Public Law 107-56
shall incorporate the organization that administers Title I of
the Violent Crime Control and Law Enforcement Act of 1994
(Public Law 103-322) (Community Oriented Policing Services),
its programs and functions, into the Office of Justice
Programs, for fiscal year 2002 and thereafter.
Sec. 114. (a) Notwithstanding any provision of title III of
the Immigration and Nationality Act (8 U.S.C. 1401 et seq.),
the Attorney General shall provide, in accordance with this
section, for the granting of posthumous citizenship, as of
September 10, 2001, to a person described in subsection (b), if
the Attorney General approves an application for such
citizenship filed under subsection (e).
(b) A person referred to in subsection (a) is a person
who--
(1) while an alien or a noncitizen national of the
United States, died as a result of an injury incurred
in one or more of the events described in subsection
(c);
(2) was not culpable for any of such events; and
(3) on September 11, 2001, had pending an
application for naturalization filed with the Attorney
General by the person.
(c)(1) The events described in this subsection are the
following:
(A) The hijacking of American Airlines Flight 11 on
September 11, 2001, the crash of that aircraft into the
World Trade Center in New York, New York, and the
subsequent destruction that resulted.
(B) The hijacking of United Airlines Flight 175 on
such date, the crash of that aircraft into the World
Trade Center in New York, New York, and the subsequent
destruction that resulted.
(C) The hijacking of American Airlines Flight 77 on
such date, the crash of that aircraft into the Pentagon
in Arlington, Virginia, and the subsequent destruction
that resulted.
(D) The hijacking of United Airlines Flight 93 on
such date, and the crash of that aircraft in Stony
Creek Township, Pennsylvania.
(2) Any person who died as a result of an injury incurred
while assisting in the emergency response to an event described
in paragraph (1) (such as military personnel, law enforcement
officers, firefighters, emergency management personnel, search
and rescue personnel, medical personnel, engineers and other
personnel providing technical assistance, and volunteers) shall
be considered to have died as a result of an injury incurred in
such event.
(d)(1) Unless otherwise provided by this section, no person
may be granted posthumous citizenship under this section who
would not otherwise have been eligible for naturalization on
the date of the person's death. Unless otherwise provided by
this section, any provision of law that specifically bars or
prohibits a person from being naturalized as a citizen of the
United States shall be applied to the granting of posthumous
citizenship under this section.
(2) Notwithstanding section 312 of the Immigration and
Nationality Act (8 U.S.C. 1423), or any similar provision of
law requiring that a person demonstrate an understanding of the
English language or a knowledge and understanding of the
fundamentals of the history, and of the principles and form of
government, of the United States in order to be naturalized, no
such demonstration shall be required for the granting of
posthumous citizenship under this section.
(3) No oath of renunciation or allegiance shall be required
for the granting of posthumous citizenship under this section.
(4) To the maximum extent practicable, the investigation
and examination described in section 335 of the Immigration and
Nationality Act (8 U.S.C. 1446) shall be conducted with respect
to an application described in subsection (b)(3) in the same
manner as they otherwise would have been conducted if the
subject of the application had not died.
(e) A request for the granting of posthumous citizenship to
a person described in subsection (b) may be filed on behalf of
the person only by the next of kin (as defined by the Attorney
General) or another representative (as defined by the Attorney
General), and must be filed not later than 2 years after the
later of--
(1) the date of the enactment of this section; or
(2) the date of the person's death.
(f) If the Attorney General approves such a request to
grant a person posthumous citizenship, the Attorney General
shall send to the individual who filed the request a suitable
document which states that the United States considers the
person to have been a citizen of the United States as of
September 10, 2001.
(g) Nothing in this section shall be construed as providing
for any benefits under the Immigration and Nationality Act for
any spouse, son, daughter, or other relative of a person
granted posthumous citizenship under this section.
(h)(1) Notwithstanding section 341 of the Immigration and
Nationality Act (8 U.S.C. 1452), the Attorney General shall
provide, in accordance with this subsection, for the furnishing
of a certificate of citizenship to a person described in
paragraph (4), if the Attorney General approves under paragraph
(3) an application for such certificate described in paragraph
(2).
(2) An application described in this paragraph is an
application for a certificate of citizenship that was--
(A) filed with the Attorney General under such
section 341 by a person who subsequently died as a
result of an injury incurred in one or more of the
events described in section 114(c) and who was not
culpable for any of such events; and
(B) pending on September 11, 2001.
(3) The Attorney General shall consider an application
described in paragraph (2) pursuant to the standards under such
section 341 and shall approve the application if the applicant
would have been eligible to receive a certificate of
citizenship on September 11, 2001, if the applicant had not
died, except that the requirements of such section relating to
the oath of allegiance and presence within the United States
shall not apply.
(4) A request for a certificate of citizenship under this
subsection may be filed only by the next of kin (as defined by
the Attorney General) or another representative (as defined by
the Attorney General) of the applicant described in paragraph
(2), and must be filed not later than 2 years after the later
of--
(A) the date of the enactment of this section; or
(B) the date of the applicant's death.
(i)(1) Notwithstanding section 322 of the Immigration and
Nationality Act (8 U.S.C. 1433), the Attorney General shall
provide, in accordance with this subsection, for the furnishing
of a certificate of citizenship to a parent described in
paragraph (2), if, upon the request of the parent, the Attorney
General approves under paragraph (3) an application for
naturalization described in paragraph (2).
(2) An application described in this paragraph is an
application for naturalization that was--
(A) filed with the Attorney General under such
section 322 by a parent of a child who subsequently
died as a result of an injury incurred in one or more
of the events described in section 114(c) and who was
not culpable for any of such events; and
(B) pending on September 11, 2001.
(3) The Attorney General shall consider an application
described in paragraph (2) pursuant to the standards under such
section 322 and shall approve the application if the child
would have been eligible to receive a certificate of
citizenship on September 11, 2001, if the child had not died,
except that the requirements of such section relating to the
oath of allegiance shall not apply.
Sec. 115. (a) Section 231(a) of the Immigration and
Nationality Act, 8 U.S.C. 1221(a), is amended to read--
``(a) Arrival Manifest; Form and Contents.--With respect to
the arrival of any person by water or by air at any port within
the United States from any place outside the United States, it
shall be the duty of the master or commanding officer, or
authorized agent, owner, or consignee, of the vessel or
aircraft transporting such person to deliver to the Service at
the port of arrival a list or manifest of the persons
transported on such vessel or aircraft. The Attorney General is
authorized to extend, by regulation, the requirements of this
subsection to any public or private carrier transporting
persons by land to the United States. Such list or manifest
shall be prepared and delivered at such time, be in such form,
and shall contain such information as the Attorney General
shall prescribe by regulation as being necessary for the
identification of the persons transported and for the
enforcement of the immigration laws. The Attorney General may
require in such regulations that the list or manifest be
delivered electronically prior to boarding the vessel,
aircraft, train or bus at the place of departure, or at such
other time reasonably in advance of the arrival of the vessel,
aircraft, train or bus in the United States as the Attorney
General may direct.''.
(b) Section 231(b) of the Immigration and Nationality Act
is amended to read--
``(b) Departure Manifest; Form and Contents.--It shall be
the duty of the master or commanding officer or authorized
agent of every vessel or aircraft taking passengers on board at
any port of the United States, who are destined to any place
outside the United States, to file with the immigration
officers before departure from such port a list or manifest of
all such persons transported. The Attorney General is
authorized to extend, by regulation, the requirements of this
subsection to any public or private carrier transporting
persons by land from the United States. Such list or manifest
shall be prepared and delivered at such time, be in such form,
and shall contain such information as the Attorney General
shall prescribe by regulation as being necessary for the
identification of the persons transported and for the
enforcement of the immigration laws. The Attorney General may
require in such regulations that the list or manifest be
delivered electronically prior to boarding the vessel,
aircraft, train or bus at the place of departure, or at such
other time reasonably in advance of the departure of the
vessel, aircraft, train or bus from the United States as the
Attorney General may direct. No master or commanding officer of
any such vessel or aircraft, or operator of any private or
public carrier, shall be granted clearance papers until he or
the authorized agent has complied with the requirements of this
subsection, except that in the case of vessels, aircraft,
trains or buses which the Attorney General determines are
making regular trips to the United States, the Attorney General
may, when expedient, arrange for the delivery of lists of
outgoing persons at a later date.''.
(c) Section 231(d) of the Immigration and Nationality Act
is amended by--
(1) In the heading, striking ``Shipments or
Aircraft'' and inserting in lieu thereof, ``Shipments,
Aircraft or Carriers'';
(2) In the first sentence, inserting ``, any public
or private carrier,'' after ``or aircraft,''; and
(3) In the second sentence, striking ``vessel or
aircraft'' and inserting in lieu thereof, ``vessel,
aircraft, train or bus''.
This title may be cited as the ``Department of Justice
Appropriations Act, 2002''.
TITLE II--DEPARTMENT OF COMMERCE AND RELATED AGENCIES
Trade and Infrastructure Development
RELATED AGENCIES
Office of the United States Trade Representative
salaries and expenses
For necessary expenses of the Office of the United States
Trade Representative, including the hire of passenger motor
vehicles and the employment of experts and consultants as
authorized by 5 U.S.C. 3109, $30,097,000, of which $1,000,000
shall remain available until expended: Provided, That not to
exceed $98,000 shall be available for official reception and
representation expenses.
International Trade Commission
salaries and expenses
For necessary expenses of the International Trade
Commission, including hire of passenger motor vehicles, and
services as authorized by 5 U.S.C. 3109, and not to exceed
$2,500 for official reception and representation expenses,
$51,440,000, to remain available until expended.
DEPARTMENT OF COMMERCE
International Trade Administration
operations and administration
For necessary expenses for international trade activities
of the Department of Commerce provided for by law, and for
engaging in trade promotional activities abroad, including
expenses of grants and cooperative agreements for the purpose
of promoting exports of United States firms, without regard to
44 U.S.C. 3702 and 3703; full medical coverage for dependent
members of immediate families of employees stationed overseas
and employees temporarily posted overseas; travel and
transportation of employees of the United States and Foreign
Commercial Service between two points abroad, without regard to
49 U.S.C. 1517; employment of Americans and aliens by contract
for services; rental of space abroad for periods not exceeding
10 years, and expenses of alteration, repair, or improvement;
purchase or construction of temporary demountable exhibition
structures for use abroad; payment of tort claims, in the
manner authorized in the first paragraph of 28 U.S.C. 2672 when
such claims arise in foreign countries; not to exceed $327,000
for official representation expenses abroad; purchase of
passenger motor vehicles for official use abroad, not to exceed
$30,000 per vehicle; obtaining insurance on official motor
vehicles; and rental of tie lines, $347,547,000, to remain
available until expended, of which $3,000,000 is to be derived
from fees to be retained and used by the International Trade
Administration, notwithstanding 31 U.S.C. 3302: Provided, That
$67,669,000 shall be for Trade Development, $27,741,000 shall
be for Market Access and Compliance, $43,346,000 shall be for
the Import Administration, $195,791,000 shall be for the United
States and Foreign Commercial Service, and $13,000,000 shall be
for Executive Direction and Administration: Provided further,
That the provisions of the first sentence of section 105(f) and
all of section 108(c) of the Mutual Educational and Cultural
Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall
apply in carrying out these activities without regard to
section 5412 of the Omnibus Trade and Competitiveness Act of
1988 (15 U.S.C. 4912); and that for the purpose of this Act,
contributions under the provisions of the Mutual Educational
and Cultural Exchange Act shall include payment for assessments
for services provided as part of these activities.
Export Administration
operations and administration
For necessary expenses for export administration and
national security activities of the Department of Commerce,
including costs associated with the performance of export
administration field activities both domestically and abroad;
full medical coverage for dependent members of immediate
families of employees stationed overseas; employment of
Americans and aliens by contract for services abroad; payment
of tort claims, in the manner authorized in the first paragraph
of 28 U.S.C. 2672 when such claims arise in foreign countries;
not to exceed $15,000 for official representation expenses
abroad; awards of compensation to informers under the Export
Administration Act of 1979, and as authorized by 22 U.S.C.
401(b); purchase of passenger motor vehicles for official use
and motor vehicles for law enforcement use with special
requirement vehicles eligible for purchase without regard to
any price limitation otherwise established by law, $68,893,000,
to remain available until expended, of which $7,250,000 shall
be for inspections and other activities related to national
security: Provided, That the provisions of the first sentence
of section 105(f) and all of section 108(c) of the Mutual
Educational and Cultural Exchange Act of 1961 (22 U.S.C.
2455(f) and 2458(c)) shall apply in carrying out these
activities: Provided further, That payments and contributions
collected and accepted for materials or services provided as
part of such activities may be retained for use in covering the
cost of such activities, and for providing information to the
public with respect to the export administration and national
security activities of the Department of Commerce and other
export control programs of the United States and other
governments.
Economic Development Administration
economic development assistance programs
For grants for economic development assistance as provided
by the Public Works and Economic Development Act of 1965, as
amended, and for trade adjustment assistance, $335,000,000, to
remain available until expended.
salaries and expenses
For necessary expenses of administering the economic
development assistance programs as provided for by law,
$30,557,000: Provided, That these funds may be used to monitor
projects approved pursuant to title I of the Public Works
Employment Act of 1976, as amended, title II of the Trade Act
of 1974, as amended, and the Community Emergency Drought Relief
Act of 1977.
Minority Business Development Agency
minority business development
For necessary expenses of the Department of Commerce in
fostering, promoting, and developing minority business
enterprise, including expenses of grants, contracts, and other
agreements with public or private organizations, $28,381,000.
Economic and Information Infrastructure
Economic and Statistical Analysis
salaries and expenses
For necessary expenses, as authorized by law, of economic
and statistical analysis programs of the Department of
Commerce, $62,515,000, to remain available until September 30,
2003.
Bureau of the Census
salaries and expenses
For expenses necessary for collecting, compiling,
analyzing, preparing, and publishing statistics, provided for
by law, $169,424,000.
periodic censuses and programs
For necessary expenses related to the 2000 decennial
census, $85,238,000, to remain available until expended:
Provided, That, of the total amount available related to the
2000 decennial census ($85,238,000 in new appropriations and
$54,000,000 in deobligated balances from prior years),
$8,606,000 is for Program Development and Management;
$68,330,000 is for Data Content and Products; $9,455,000 is for
Field Data Collection and Support Systems; $24,462,000 is for
Automated Data Processing and Telecommunications Support;
$22,844,000 is for Testing and Evaluation; $3,105,000 is for
activities related to Puerto Rico, the Virgin Islands and
Pacific Areas; and $2,436,000 is for Marketing, Communications
and Partnership activities.
In addition, for expenses related to planning, testing, and
implementing the 2010 decennial census, $65,000,000.
In addition, for expenses to collect and publish statistics
for other periodic censuses and programs provided for by law,
$171,138,000, to remain available until expended: Provided,
That regarding engineering and design of a facility at the
Suitland Federal Center, quarterly reports regarding the
expenditure of funds and project planning, design and cost
decisions shall be provided by the Bureau, in cooperation with
the General Services Administration, to the Committees on
Appropriations of the Senate and the House of Representatives:
Provided further, That none of the funds provided in this Act
or any other Act under the heading ``Bureau of the Census,
Periodic Censuses and Programs'' shall be used to fund the
construction and tenant build-out costs of a facility at the
Suitland Federal Center.
National Telecommunications and Information Administration
salaries and expenses
For necessary expenses, as provided for by law, of the
National Telecommunications and Information Administration
(NTIA), $14,054,000, to remain available until expended:
Provided, That, notwithstanding 31 U.S.C. 1535(d), the
Secretary of Commerce shall charge Federal agencies for costs
incurred in spectrum management, analysis, and operations, and
related services and such fees shall be retained and used as
offsetting collections for costs of such spectrum services, to
remain available until expended: Provided further, That
hereafter, notwithstanding any other provision of law, NTIA
shall not authorize spectrum use or provide any spectrum
functions pursuant to the National Telecommunications and
Information Administration Organization Act, 47 U.S.C. 902-903,
to any Federal entity without reimbursement as required by NTIA
for such spectrum management costs, and Federal entities
withholding payment of such cost shall not use spectrum:
Provided further, That the Secretary of Commerce is authorized
to retain and use as offsetting collections all funds
transferred, or previously transferred, from other Government
agencies for all costs incurred in telecommunications research,
engineering, and related activities by the Institute for
Telecommunication Sciences of NTIA, in furtherance of its
assigned functions under this paragraph, and such funds
received from other Government agencies shall remain available
until expended.
public telecommunications facilities, planning and construction
For grants authorized by section 392 of the Communications
Act of 1934, as amended, $43,466,000, to remain available until
expended as authorized by section 391 of the Act, as amended:
Provided, That not to exceed $2,358,000 shall be available for
program administration as authorized by section 391 of the Act:
Provided further, That, notwithstanding the provisions of
section 391 of the Act, the prior year unobligated balances may
be made available for grants for projects for which
applications have been submitted and approved during any fiscal
year.
information infrastructure grants
For grants authorized by section 392 of the Communications
Act of 1934, as amended, $15,503,000, to remain available until
expended as authorized by section 391 of the Act, as amended:
Provided, That not to exceed $3,097,000 shall be available for
program administration and other support activities as
authorized by section 391: Provided further, That, of the funds
appropriated herein, not to exceed 5 percent may be available
for telecommunications research activities for projects related
directly to the development of a national information
infrastructure: Provided further, That, notwithstanding the
requirements of sections 392(a) and 392(c) of the Act, these
funds may be used for the planning and construction of
telecommunications networks for the provision of educational,
cultural, health care, public information, public safety, or
other social services: Provided further, That, notwithstanding
any other provision of law, no entity that receives
telecommunications services at preferential rates under section
254(h) of the Act (47 U.S.C. 254(h)) or receives assistance
under the regional information sharing systems grant program of
the Department of Justice under part M of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796h) may use funds under a grant under this heading to cover
any costs of the entity that would otherwise be covered by such
preferential rates or such assistance, as the case may be.
United States Patent and Trademark Office
salaries and expenses
For necessary expenses of the United States Patent and
Trademark Office provided for by law, including defense of
suits instituted against the Under Secretary of Commerce for
Intellectual Property and Director of the United States Patent
and Trademark Office, $843,701,000, to remain available until
expended, which amount shall be derived from offsetting
collections assessed and collected pursuant to 15 U.S.C. 1113
and 35 U.S.C. 41 and 376, and shall be retained and used for
necessary expenses in this appropriation: Provided, Thatthe sum
herein appropriated from the general fund shall be reduced as such
offsetting collections are received during fiscal year 2002, so as to
result in a fiscal year 2002 appropriation from the general fund
estimated at $0: Provided further, That during fiscal year 2002, should
the total amount of offsetting fee collections be less than
$843,701,000, the total amounts available to the United States Patent
and Trademark Office shall be reduced accordingly: Provided further,
That an additional amount not to exceed $282,300,000 from fees
collected in prior fiscal years shall be available for obligation in
fiscal year 2002, to remain available until expended: Provided further,
That from amounts provided herein, not to exceed $1,000 shall be made
available in fiscal year 2002 for official reception and representation
expenses.
Science and Technology
Technology Administration
salaries and expenses
For necessary expenses for the Under Secretary for
Technology/Office of Technology Policy, $8,238,000.
National Institute of Standards and Technology
scientific and technical research and services
For necessary expenses of the National Institute of
Standards and Technology, $321,111,000, to remain available
until expended, of which not to exceed $282,000 may be
transferred to the ``Working Capital Fund''.
industrial technology services
For necessary expenses of the Manufacturing Extension
Partnership of the National Institute of Standards and
Technology, $106,522,000, to remain available until expended:
Provided, That the Secretary of Commerce is authorized to enter
into agreements with one or more nonprofit organizations for
the purpose of carrying out collective research and development
initiatives pertaining to 15 U.S.C. 278k paragraph (a), and is
authorized to seek and accept contributions from public and
private sources to support these efforts as necessary.
In addition, for necessary expenses of the Advanced
Technology Program of the National Institute of Standards and
Technology, $184,500,000, to remain available until expended,
of which not to exceed $60,700,000 shall be available for the
award of new grants.
construction of research facilities
For construction of new research facilities, including
architectural and engineering design, and for renovation of
existing facilities, not otherwise provided for the National
Institute of Standards and Technology, as authorized by 15
U.S.C. 278c-278e, $62,393,000, to remain available until
expended.
National Oceanic and Atmospheric Administration
operations, research, and facilities
(including transfer of funds)
For necessary expenses of activities authorized by law for
the National Oceanic and Atmospheric Administration, including
maintenance, operation, and hire of aircraft; grants,
contracts, or other payments to nonprofit organizations for the
purposes of conducting activities pursuant to cooperative
agreements; and relocation of facilities as authorized by 33
U.S.C. 883i, $2,253,697,000, to remain available until
expended: Provided, That fees and donations received by the
National Ocean Service for the management of the national
marine sanctuaries may be retained and used for the salaries
and expenses associated with those activities, notwithstanding
31 U.S.C. 3302: Provided further, That, in addition,
$68,000,000 shall be derived by transfer from the fund entitled
``Promote and Develop Fishery Products and Research Pertaining
to American Fisheries'': Provided further, That grants to
States pursuant to sections 306 and 306A of the Coastal Zone
Management Act of 1972, as amended, shall not exceed
$2,000,000: Provided further, That, of the $2,341,697,000
provided for in direct obligations under this heading (of which
$2,253,697,000 is appropriated from the General Fund,
$71,000,000 is provided by transfer, and $17,000,000 is derived
from deobligations from prior years), $413,911,000 shall be for
the National Ocean Service, $579,196,000 shall be for the
National Marine Fisheries Service, $356,062,000 shall be for
Oceanic and Atmospheric Research, $672,355,000 shall be for the
National Weather Service, $139,627,000 shall be for the
National Environmental Satellite, Data, and Information
Service, and $180,546,000 shall be for Program Support:
Provided further, That, hereafter, habitat conservation
activities under this heading shall be considered to be within
the ``Coastal Assistance sub-category'' in section 250(c)(4)(K)
of the Balanced Budget and Emergency Deficit Control Act of
1985, as amended: Provided further, That, of the amount
provided under this heading, $223,273,000 shall be for the
conservation activities defined in section 250(c)(4)(K) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended: Provided further, That no general administrative
charge shall be applied against an assigned activity included
in this Act and, further, that any direct administrative
expenses applied against an assigned activity shall be limited
to 5 percent of the funds provided for that assigned activity
so that total National Oceanic and Atmospheric Administration
administrative expenses shall not exceed $265,025,000: Provided
further, That any use ofdeobligated balances of funds provided
under this heading in previous years shall be subject to the procedures
set forth in section 605 of this Act: Provided further, That of the
amounts provided, $3,000,000 shall be derived by transfer from the fund
entitled ``Coastal Zone Management'': Provided further, That the
Secretary may proceed as he deems necessary to have the National
Oceanic and Atmospheric Administration occupy and operate its research
facilities which are located at Lafayette, Louisiana: Provided further,
That the R/V FAIRWEATHER shall be homeported in Ketchikan, Alaska.
In addition, for necessary retired pay expenses under the
Retired Serviceman's Family Protection and Survivor Benefits
Plan, and for payments for medical care of retired personnel
and their dependents under the Dependents Medical Care Act (10
U.S.C. ch. 55), such sums as may be necessary.
procurement, acquisition and construction (including transfers of
funds)
For procurement, acquisition and construction of capital
assets, including alteration and modification costs, of the
National Oceanic and Atmospheric Administration, $836,552,000,
to remain available until expended: Provided, That unexpended
balances of amounts previously made available in the
``Operations, Research, and Facilities'' account for activities
funded under this heading may be transferred to and merged with
this account, to remain available until expended for the
purposes for which the funds were originally appropriated:
Provided further, That of the amounts provided for the National
Polar-orbiting Operational Environmental Satellite System,
funds shall only be made available on a dollar for dollar
matching basis with funds provided for the same purpose by the
Department of Defense: Provided further, That of the amount
provided under this heading for expenses necessary to carry out
conservation activities defined in section 250(c)(4)(E) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, including funds for the Coastal and Estuarine Land
Conservation Program, $58,487,000 to remain available until
expended: Provided further, That the Secretary shall establish
a Coastal and Estuarine Land Conservation Program, for the
purpose of protecting important coastal and estuarine areas
that have significant conservation, recreation, ecological,
historical, or aesthetic values, or that are threatened by
conversion from their natural or recreational state to other
uses: Provided further, That by September 30, 2002, the
Secretary shall issue guidelines for this program delineating
the criteria for grant awards: Provided further, That the
Secretary shall distribute these funds in consultation with the
States' Coastal Zone Managers' or Governors' designated
representatives based on demonstrated need and ability to
successfully leverage funds, and shall give priority to lands
which can be effectively managed and protected and which have
significant ecological value: Provided further, That grants
funded under this program shall require a 100 percent match
from other sources: Provided further, That none of the funds
provided in this Act or any other Act under the heading
``National Oceanic and Atmospheric Administration, Procurement,
Acquisition and Construction'' shall be used to fund the
General Services Administration's standard construction and
tenant build-out costs of a facility at the Suitland Federal
Center.
pacific coastal salmon recovery
For necessary expenses associated with the restoration of
Pacific salmon populations and the implementation of the 1999
Pacific Salmon Treaty Agreement between the United States and
Canada, $110,000,000: Provided, That this amount shall be for
the conservation activities defined in section 250(c)(4)(E) of
the Balanced Budget and Emergency Deficit Control Act of 1985,
as amended.
In addition, for implementation of the 1999 Pacific Salmon
Treaty Agreement, $47,419,000, of which $20,000,000 shall be
deposited in the Northern Boundary and Transboundary Rivers
Restoration and Enhancement Fund, of which $20,000,000 shall be
deposited in the Southern Boundary Restoration and Enhancement
Fund, of which $5,419,000 shall be for a final direct payment
to the State of Washington for obligations under the 1999
Pacific Salmon Treaty Agreement, and of which $2,000,000 is for
the Pacific Salmon Commission: Provided, That this amount shall
be for the conservation activities defined in section
250(c)(4)(E) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
coastal zone management fund
Of amounts collected pursuant to section 308 of the Coastal
Zone Management Act of 1972 (16 U.S.C. 1456a), not to exceed
$3,000,000 shall be transferred to the ``Operations, Research,
and Facilities'' account to offset the costs of implementing
such Act.
fishermen's contingency fund
For carrying out the provisions of title IV of Public Law
95-372, not to exceed $952,000, to be derived from receipts
collected pursuant to that Act, to remain available until
expended.
foreign fishing observer fund
For expenses necessary to carry out the provisions of the
Atlantic Tunas Convention Act of 1975, as amended (Public Law
96-339), the Magnuson-Stevens Fishery Conservation and
Management Act of 1976, as amended (Public Law 100-627), and
the American Fisheries Promotion Act (Public Law 96-561), to be
derived from the fees imposed under the foreign fishery
observer program authorized by these Acts, not to exceed
$191,000, to remain available until expended.
fisheries finance program account
For the cost of direct loans, $287,000, as authorized by
the Merchant Marine Act of 1936, as amended: Provided, That
such costs, including the cost of modifying such loans, shall
be as defined in section 502 of the Congressional Budget Act of
1974: Provided further, That none of the funds made available
under this heading may be used for direct loans for any new
fishing vessel that will increase the harvesting capacity in
any United States fishery.
Departmental Management
salaries and expenses
For expenses necessary for the departmental management of
the Department of Commerce provided for by law, including not
to exceed $5,000 for official entertainment, $37,652,000.
office of inspector general
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978, as amended (5 U.S.C. App. 1-11, as amended by Public Law
100-504), $20,176,000.
General Provisions--Department of Commerce
Sec. 201. During the current fiscal year, applicable
appropriations and funds made available to the Department of
Commerce by this Act shall be available for the activities
specified in the Act of October 26, 1949 (15 U.S.C. 1514), to
the extent and in the manner prescribed by the Act, and,
notwithstanding 31 U.S.C. 3324, may be used for advanced
payments not otherwise authorized only upon the certification
of officials designated by the Secretary of Commerce that such
payments are in the public interest.
Sec. 202. During the current fiscal year, appropriations
made available to the Department of Commerce by this Act for
salaries and expenses shall be available for hire of passenger
motor vehicles as authorized by 31 U.S.C. 1343 and 1344;
services as authorized by 5 U.S.C. 3109; and uniforms or
allowances therefore, as authorized by law (5 U.S.C. 5901-
5902).
Sec. 203. None of the funds made available by this Act may
be used to support the hurricane reconnaissance aircraft and
activities that are under the control of the United States Air
Force or the United States Air Force Reserve.
Sec. 204. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of
Commerce in this Act may be transferred between such
appropriations, but no such appropriation shall be increased by
more than 10 percent by any such transfers: Provided, That any
transfer pursuant to this section shall be treated as a
reprogramming of funds under section 605 of this Act and shall
not be available for obligation or expenditure except in
compliance with the procedures set forth in that section.
Sec. 205. Any costs incurred by a department or agency
funded under this title resulting from personnel actions taken
in response to funding reductions included in this title or
from actions taken for the care and protection of loan
collateral or grant property shall be absorbed within the total
budgetary resources available to such department or agency:
Provided, That the authority to transfer funds between
appropriations accounts as may be necessary to carry out this
section is provided in addition to authorities included
elsewhere in this Act: Provided further, That use of funds to
carry out this section shall be treated as a reprogramming of
funds under section 605 of this Act and shall not be available
for obligation or expenditure except in compliance with the
procedures set forth in that section.
Sec. 206. The Secretary of Commerce may award contracts for
hydrographic, geodetic, and photogrammetric surveying and
mapping services in accordance with title IX of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C. 541
et seq.).
Sec. 207. The Secretary of Commerce may use the Commerce
franchise fund for expenses and equipment necessary for the
maintenance and operation of such administrative services as
the Secretary determines may be performed more advantageously
as central services, pursuant to section 403 of Public Law 103-
356: Provided, That any inventories, equipment, and other
assets pertaining to the services to be provided by such fund,
either on hand or on order, less the related liabilities or
unpaid obligations, and any appropriations made for the purpose
of providing capital shall be used to capitalize such fund:
Provided further, That such fund shall be paid in advance from
funds available to the Department and other Federal agencies
for which such centralized services are performed, at rates
which will return in full all expenses of operation, including
accrued leave, depreciation of fund plant and equipment,
amortization of automated data processing (ADP) software and
systems (either acquired or donated), and an amount necessary
to maintain a reasonable operating reserve, as determined by
the Secretary: Provided further, That such fund shall provide
services on a competitive basis: Provided further, That an
amount not to exceed 4 percent of the total annual income to
such fund may be retained in the fund for fiscal year 2002 and
each fiscal year thereafter, to remain available until
expended, to be used for the acquisition of capital equipment,
and for the improvement and implementation of department
financial management, ADP, and other support systems: Provided
further, That such amounts retained in the fund for fiscal year
2002 and each fiscal year thereafter shall be available for
obligation and expenditure only in accordance with section 605
of this Act: Provided further, That no later than 30 days after
the end of each fiscal year, amounts in excess of this reserve
limitation shall be deposited as miscellaneous receipts in the
Treasury: Provided further, That such franchise fund pilot
program shall terminate pursuant to section 403(f) of Public
Law 103-356.
Sec. 208. Notwithstanding any other provision of law, of
the amounts made available elsewhere in this title to the
``National Institute of Standards and Technology, Construction
of Research Facilities'', $8,000,000 is appropriated to fund a
cooperative agreement with the Medical University of South
Carolina, $6,000,000 is appropriated to the Thayer School of
Engineering for the nanocrystalline materials and biomass
research initiative, $3,000,000 is appropriated to the
Institute for Information Infrastructure Protection at the
Institute for SecurityTechnology Studies, $3,350,000 is
appropriated for the Institute for Politics, $650,000 is appropriated
to the Mount Washington Technology Village, $6,500,000 is appropriated
for a critical infrastructure project at the George Mason University
School of Law, $3,700,000 is appropriated for the Conservation
Institute of the Bronx Zoo, $2,000,000 is appropriated for the
Adolescent Mental Health Residential Treatment program at Bronx-Lebanon
Hospital Center, $1,300,000 is appropriated for the Puerto Rican
Historical, Cultural and Activities Center, $5,000,000 is appropriated
for the National Infrastructure Institute, and $2,000,000 is
appropriated for the University of South Carolina School of Public
Health.
Sec. 209. (a) The Secretary of Commerce shall present with
the fiscal year 2003 budget request a detailed description of
all projects, programs, and activities to be funded from the
``Working Capital Fund'' and the ``Advances and
Reimbursements'' account.
(b) The ``Working Capital Fund'' and ``Advances and
Reimbursements'' account shall be subject to section 605 of
this Act begining in fiscal year 2003.
Sec. 210. (a) Notwithstanding section 102 of the Marine
Mammal Protection Act of 1972, as amended, or section 9 of the
Endangered Species Act of 1973, the Anchorage Sister Cities
Commission of Anchorage, Alaska, may export, on a one-time
basis, to the Town of Whitby, in the care of the Scarborough
Borough Council, Whitby, North Yorkshire, United Kingdom, two
bowhead whale jawbones taken as part of a legal subsistence
hunt by Native Alaskans and identified in U.S. Fish and
Wildlife Service, Convention on International Trade of
Endangered Species, permit 01US037393/9.
(b) The Anchorage Sister Cities Commission shall notify the
National Marine Fisheries Service Office of Enforcement 15 days
prior to shipment to ensure compliance with all applicable
export requirements.
Sec. 211. Section 213(a) of Title II of Division C of
Public Law 105-277 is amended by striking the second sentence
and inserting in lieu thereof: ``There are authorized to be
appropriated $6,700,000 per year to carry out the provisions of
this Act through fiscal year 2004.''.
This title may be cited as the ``Department of Commerce and
Related Agencies Appropriations Act, 2002''.
TITLE III--THE JUDICIARY
Supreme Court of the United States
salaries and expenses
For expenses necessary for the operation of the Supreme
Court, as required by law, excluding care of the building and
grounds, including purchase or hire, driving, maintenance, and
operation of an automobile for the Chief Justice, not to exceed
$10,000 for the purpose of transporting Associate Justices, and
hire of passenger motor vehicles as authorized by 31 U.S.C.
1343 and 1344; not to exceed $10,000 for official reception and
representation expenses; and for miscellaneous expenses, to be
expended as the Chief Justice may approve, $39,988,000.
care of the building and grounds
For such expenditures as may be necessary to enable the
Architect of the Capitol to carry out the duties imposed upon
the Architect by the Act approved May 7, 1934 (40 U.S.C. 13a-
13b), $37,530,000, which shall remain available until expended.
United States Court of Appeals for the Federal Circuit
salaries and expenses
For salaries of the chief judge, judges, and other officers
and employees, and for necessary expenses of the court, as
authorized by law, $19,287,000.
United States Court of International Trade
salaries and expenses
For salaries of the chief judge and eight judges, salaries
of the officers and employees of the court, services as
authorized by 5 U.S.C. 3109, and necessary expenses of the
court, as authorized by law, $13,064,000.
Courts of Appeals, District Courts, and Other Judicial Services
salaries and expenses
For the salaries of circuit and district judges (including
judges of the territorial courts of the United States),
justices and judges retired from office or from regular active
service, judges of the United States Court of Federal Claims,
bankruptcy judges, magistrate judges, and all other officers
and employees of the Federal Judiciary not otherwise
specifically provided for, and necessary expenses of the
courts, as authorized by law, $3,591,116,000 (including the
purchase of firearms and ammunition); of which not to exceed
$27,817,000 shall remain available until expended for space
alteration projects and for furniture and furnishings related
to new space alteration and construction projects.
In addition, for expenses of the United States Court of
Federal Claims associated with processing cases under the
National Childhood Vaccine Injury Act of 1986, not to exceed
$2,692,000, to be appropriated from the Vaccine Injury
Compensation Trust Fund.
defender services
For the operation of Federal Public Defender and Community
Defender organizations; the compensation and reimbursement of
expenses of attorneys appointed to represent persons under the
Criminal Justice Act of 1964, as amended; the compensation and
reimbursement of expenses of persons furnishing investigative,
expert and other services under the Criminal Justice Act of
1964 (18 U.S.C. 3006A(e)); the compensation (in accordance with
Criminal Justice Act maximums) and reimbursement of expenses of
attorneys appointed to assist the court in criminal cases where
the defendant has waived representation by counsel; the
compensation and reimbursement of travel expenses of guardians
ad litem acting on behalf of financially eligible minor or
incompetent offenders in connection with transfers from the
United States to foreign countries with which the United States
has a treaty for the execution of penal sentences; the
compensation of attorneys appointed to represent jurors in
civil actions for the protection of their employment, as
authorized by 28 U.S.C. 1875(d); and for necessary training and
general administrative expenses, $500,671,000, to remain
available until expended as authorized by 18 U.S.C. 3006A(i).
fees of jurors and commissioners
For fees and expenses of jurors as authorized by 28 U.S.C.
1871 and 1876; compensation of jury commissioners as authorized
by 28 U.S.C. 1863; and compensation of commissioners appointed
in condemnation cases pursuant to rule 71A(h) of the Federal
Rules of Civil Procedure (28 U.S.C. Appendix Rule 71A(h)),
$48,131,000, to remain available until expended: Provided, That
the compensation of land commissioners shall not exceed the
daily equivalent of the highest rate payable under section 5332
of title 5, United States Code.
court security
For necessary expenses, not otherwise provided for,
incident to providing protective guard services for United
States courthouses and the procurement, installation, and
maintenance of security equipment for United States courthouses
and other facilities housing Federal court operations,
including building ingress-egress control, inspection of mail
and packages, directed security patrols, and other similar
activities as authorized by section 1010 of the Judicial
Improvement and Access to Justice Act (Public Law 100-702),
$220,677,000, of which not to exceed $10,000,000 shall remain
available until expended for security systems or contract costs
for court security officers, to be expended directly or
transferred to the United States Marshals Service, which shall
be responsible for administering the Judicial Facility Security
Program consistent with standards or guidelines agreed to by
the Director of the Administrative Office of the United States
Courts and the Attorney General.
Administrative Office of the United States Courts
salaries and expenses
For necessary expenses of the Administrative Office of the
United States Courts as authorized by law, including travel as
authorized by 31 U.S.C. 1345, hire of a passenger motor vehicle
as authorized by 31 U.S.C. 1343(b), advertising and rent in the
District of Columbia and elsewhere, $61,664,000, of which not
to exceed $8,500 is authorized for official reception and
representation expenses.
Federal Judicial Center
salaries and expenses
For necessary expenses of the Federal Judicial Center, as
authorized by Public Law 90-219, $19,735,000; of which
$1,800,000 shall remain available through September 30, 2003,
to provide education and training to Federal court personnel;
and of which not to exceed $1,000 is authorized for official
reception and representation expenses.
Judicial Retirement Funds
payment to judiciary trust funds
For payment to the Judicial Officers' Retirement Fund, as
authorized by 28 U.S.C. 377(o), $26,700,000; to the Judicial
Survivors' Annuities Fund, as authorized by 28 U.S.C. 376(c),
$8,400,000; and to the United States Court of Federal Claims
Judges' Retirement Fund, as authorized by 28 U.S.C. 178(l),
$1,900,000.
United States Sentencing Commission
salaries and expenses
For the salaries and expenses necessary to carry out the
provisions of chapter 58 of title 28, United States Code,
$11,575,000, of which not to exceed $1,000 is authorized for
official reception and representation expenses.
General Provisions--the Judiciary
Sec. 301. Appropriations and authorizations made in this
title which are available for salaries and expenses shall be
available for services as authorized by 5 U.S.C. 3109.
Sec. 302. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Judiciary in this
Act may be transferred between such appropriations, but no such
appropriation, except ``Courts of Appeals, District Courts, and
Other Judicial Services, Defender Services'' and ``Courts of
Appeals, District Courts, and Other Judicial Services, Fees of
Jurors and Commissioners'', shall be increased by more than 10
percent by any such transfers: Provided, That any transfer
pursuant to this section shall be treated as a reprogramming of
funds under section 605 of this Act and shall not be available
for obligation or expenditure except in compliance with the
procedures set forth in that section.
Sec. 303. Notwithstanding any other provision of law, the
salaries and expenses appropriation for district courts, courts
of appeals, and other judicial services shall be available for
official reception and representation expenses of the Judicial
Conference of the United States: Provided, That such available
funds shall not exceed $11,000 and shall be administered by the
Director of the Administrative Office of the United States
Courts in the capacity as Secretary of the Judicial Conference.
Sec. 304. Of the unexpended balances transferred to the
Commission on Structural Alternatives in Federal Appellate
Courts, $400,000 shall be transferred to, and merged with,
funds in the ``Federal Judicial Center, Salaries and Expenses''
appropriations account to be available only for distance
learning.
Sec. 305. Pursuant to section 140 of Public Law 97-92,
justices and judges of the United States are authorized during
fiscal year 2002, to receive a salary adjustment in accordance
with 28 U.S.C. 461: Provided, That $8,625,000 is appropriated
for salary adjustments pursuant to this section and such funds
shall be transferred to and merged with appropriations in title
III of this Act.
This title may be cited as the ``Judiciary Appropriations
Act, 2002''.
TITLE IV--DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic and consular programs
For necessary expenses of the Department of State and the
Foreign Service not otherwise provided for, including
employment, without regard to civil service and classification
laws, of persons on a temporary basis (not to exceed $700,000
of this appropriation), as authorized by section 801 of the
United States Information and Educational Exchange Act of 1948,
as amended; representation to certain international
organizations in which the United States participates pursuant
to treaties ratified pursuant to the advice and consent of the
Senate or specific Acts of Congress; arms control,
nonproliferation and disarmament activities as authorized;
acquisition by exchange or purchase of passenger motor vehicles
as authorized by law; and for expenses of general
administration, $3,142,277,000: Provided, That, of the amount
made available under this heading, not to exceed $4,000,000 may
be transferred to, and merged with, funds in the ``Emergencies
in the Diplomatic and Consular Service'' appropriations
account, to be available only for emergency evacuations and
terrorism rewards: Provided further, That, of the amount made
available under this heading, $270,259,000 shall be available
only for public diplomacy international information programs:
Provided further, That of the amount made available under this
heading, $694,190,000 shall be available only for information
resource management: Provided further, That notwithstanding
section 140(a)(5), and the second sentence of section
140(a)(3), of the Foreign Relations Authorization Act, Fiscal
Years 1994 and 1995, fees may be collected during fiscal years
2002 and 2003, under the authority of section 140(a)(1) of that
Act: Provided further, That all fees collected under the
preceding proviso shall be deposited in fiscal years 2002 and
2003 as an offsetting collection to appropriations made under
this heading to recover costs as set forth under section
140(a)(2) of that Act and shall remain available until
expended: Provided further, That, of the amount made available
under this heading, $1,800,000 shall be available for a grant
to conduct an international conference on combating sex
trafficking: Provided further, That no funds may be obligated
or expended for processing licenses for the export of
satellites of United States origin (including commercial
satellites and satellite components) to the People's Republic
of China unless, at least 15 days in advance, the Committees on
Appropriations of the House of Representatives and the Senate
are notified of such proposed action.
In addition, not to exceed $1,343,000 shall be derived from
fees collected from other executive agencies for lease or use
of facilities located at the International Center in accordance
with section 4 of the International Center Act, as amended; in
addition, as authorized by section 5 of such Act, $490,000, to
be derived from the reserve authorized by that section, to be
used for the purposes set out in that section; in addition, as
authorized by section 810 of the United States Information and
Educational Exchange Act, not to exceed $6,000,000, to remain
available until expended, may be credited to this appropriation
from fees or other payments received from English teaching,
library, motion pictures, and publication programs and from
fees from educational advising and counseling and exchange
visitor programs; and, in addition, not to exceed $15,000,
which shall be derived from reimbursements, surcharges, and
fees for use of Blair House facilities.
In addition, for the costs of worldwide security upgrades,
$487,735,000, to remain available until expended.
capital investment fund
For necessary expenses of the Capital Investment Fund,
$203,000,000, to remain available until expended, as
authorized: Provided, That section 135(e) of Public Law 103-236
shall not apply to funds available under this heading.
office of inspector general
For necessary expenses of the Office of Inspector General,
$29,000,000, notwithstanding section 209(a)(1) of the Foreign
Service Act of 1980, as amended (Public Law 96-465), as it
relates to post inspections.
educational and cultural exchange programs
For expenses of educational and cultural exchange programs,
as authorized, $237,000,000, to remain available until
expended: Provided, That not to exceed $2,000,000, to remain
available until expended, may be credited to this appropriation
from fees or other payments received from or in connection with
English teaching, educational advising and counseling programs,
and exchange visitor programs as authorized.
representation allowances
For representation allowances as authorized, $6,485,000.
protection of foreign missions and officials
For expenses, not otherwise provided, to enable the
Secretary of State to provide for extraordinary protective
services, as authorized, $9,400,000, to remain available until
September 30, 2003.
embassy security, construction, and maintenance
For necessary expenses for carrying out the Foreign Service
Buildings Act of 1926, as amended (22 U.S.C. 292-300),
preserving, maintaining, repairing, and planning for buildings
that are owned or directly leased by the Department of State,
renovating, in addition to funds otherwise available, the Harry
S Truman Building, and carrying out the Diplomatic Security
Construction Program as authorized, $458,000,000, to remain
available until expended as authorized, of which not to exceed
$25,000 may be used for domestic and overseas representation as
authorized: Provided, That none of the funds appropriated in
this paragraph shall be available for acquisition of furniture,
furnishings, or generators for other departments and agencies.
In addition, for the costs of worldwide security upgrades,
acquisition, and construction as authorized, $815,960,000, to
remain available until expended.
emergencies in the diplomatic and consular service
For expenses necessary to enable the Secretary of State to
meet unforeseen emergencies arising in the Diplomatic and
Consular Service, $6,500,000, to remain available until
expended as authorized, of which not to exceed $1,000,000 may
be transferred to and merged with the Repatriation Loans
Program Account, subject to the same terms and conditions.
repatriation loans program account
For the cost of direct loans, $612,000, as authorized:
Provided, That such costs, including the cost of modifying such
loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974. In addition, for administrative expenses
necessary to carry out the direct loan program, $607,000, which
may be transferred to and merged with the Diplomatic and
Consular Programs account under Administration of Foreign
Affairs.
payment to the american institute in taiwan
For necessary expenses to carry out the Taiwan Relations
Act, Public Law 96-8, $17,044,000.
payment to the foreign service retirement and disability fund
For payment to the Foreign Service Retirement and
Disability Fund, as authorized by law, $135,629,000.
International Organizations and Conferences
contributions to international organizations
For expenses, not otherwise provided for, necessary to meet
annual obligations of membership in international multilateral
organizations, pursuant to treaties ratified pursuant to the
advice and consent of the Senate, conventions or specific Acts
of Congress, $850,000,000: Provided, That any payment of
arrearages under this title shall be directed toward special
activities that are mutually agreed upon by the United States
and the respective international organization: Provided
further, That none of the funds appropriated in this paragraph
shall be available for a United States contribution to an
international organization for the United States share of
interest costs made known to the United States Government by
such organization for loans incurred on or after October 1,
1984, through external borrowings: Provided further, That, of
the funds appropriated in this paragraph, $100,000,000 may be
made available only pursuant to a certification by the
Secretary of State that the United Nations has taken no action
in calendar year 2001 prior to the date of enactment of this
Act to increase funding for any United Nations program without
identifying an offsetting decrease elsewhere in the United
Nations budget and cause the United Nations to exceed the
budget for the biennium 2000-2001 of $2,535,700,000: Provided
further, That if the Secretary of State is unable to make the
aforementioned certification, the $100,000,000 is to be applied
to paying the current year assessment for other international
organizations for which the assessment has not been paid in
full or to paying the assessment due in the next fiscal year
for such organizations, subject to the reprogramming procedures
contained in section 605 of this Act: Provided further, That
funds appropriated under this paragraph may be obligated and
expended to pay the full United States assessment to the civil
budget of the North Atlantic Treaty Organization.
contributions for international peacekeeping activities
For necessary expenses to pay assessed and other expenses
of international peacekeeping activities directed to the
maintenance or restoration of international peace and security,
$844,139,000, of which 15 percent shall remain available until
September 30, 2003: Provided, That none of the funds made
available under this Act shall be obligated or expended for any
new or expanded United Nations peacekeeping mission unless, at
least 15 days in advance of voting for the new or expanded
mission in the United Nations Security Council (or in an
emergency as far in advance as is practicable): (1) the
Committees on Appropriations of the House of Representatives
and the Senate and other appropriate committees of the Congress
are notified of the estimated cost and length of the mission,
the vital national interest that will be served, and the
planned exit strategy; and (2) a reprogramming of funds
pursuant to section 605 of this Act is submitted, and the
procedures therein followed, setting forth the source of funds
that will be used to pay for the cost of the new or expanded
mission: Provided further, That funds shall be available for
peacekeeping expenses only upon a certification by the
Secretary of State to the appropriate committees of the
Congress that American manufacturers and suppliers are being
given opportunities to provide equipment, services, and
material for United Nations peacekeeping activities equal to
those being given to foreign manufacturers and suppliers:
Provided further, That none of the funds made available under
this heading are available to pay the United States share of
the cost of court monitoring that is part of any United Nations
peacekeeping mission.
international commissions
For necessary expenses, not otherwise provided for, to meet
obligations of the United States arising under treaties, or
specific Acts of Congress, as follows:
international boundary and water commission, united states and mexico
For necessary expenses for the United States Section of the
International Boundary and Water Commission, United States and
Mexico, and to comply with laws applicable to the United States
Section, including not to exceed $6,000 for representation; as
follows:
salaries and expenses
For salaries and expenses, not otherwise provided for,
$24,705,000.
construction
For detailed plan preparation and construction of
authorized projects, $5,450,000, to remain available until
expended, as authorized.
american sections, international commissions
For necessary expenses, not otherwise provided, for the
International Joint Commission and the International Boundary
Commission, United States and Canada, as authorized by treaties
between the United States and Canada or Great Britain, and for
the Border Environment Cooperation Commission as authorized by
Public Law 103-182, $9,911,000, of which not to exceed $9,000
shall be available for representation expenses incurred by the
International Joint Commission.
international fisheries commissions
For necessary expenses for international fisheries
commissions, not otherwise provided for, as authorized by law,
$20,480,000: Provided, That the United States' share of such
expenses may be advanced to the respective commissions pursuant
to 31 U.S.C. 3324.
Other
payment to the asia foundation
For a grant to the Asia Foundation, as authorized by the
Asia Foundation Act (22 U.S.C. 4402), as amended, $9,250,000,
to remain available until expended, as authorized.
eisenhower exchange fellowship program trust fund
For necessary expenses of Eisenhower Exchange Fellowships,
Incorporated, as authorized by sections 4 and 5 of the
Eisenhower Exchange Fellowship Act of 1990 (20 U.S.C. 5204-
5205), all interest and earnings accruing to the Eisenhower
Exchange Fellowship Program Trust Fund on or before September
30, 2002, to remain available until expended: Provided, That
none of the funds appropriated herein shall be used to pay any
salary or other compensation, or to enter into any contract
providing for the payment thereof, in excess of the rate
authorized by 5 U.S.C. 5376; or for purposes which are not in
accordance with OMB Circulars A-110 (Uniform Administrative
Requirements) and A-122 (Cost Principles for Non-profit
Organizations), including the restrictions on compensation for
personal services.
israeli arab scholarship program
For necessary expenses of the Israeli Arab Scholarship
Program as authorized by section 214 of the Foreign Relations
Authorization Act, Fiscal Years 1992 and 1993 (22 U.S.C. 2452),
all interest and earnings accruing to the Israeli Arab
Scholarship Fund on or before September 30, 2002, to remain
available until expended.
east-west center
To enable the Secretary of State to provide for carrying
out the provisions of the Center for Cultural and Technical
Interchange Between East and West Act of 1960, by grant to the
Center for Cultural and Technical Interchange Between East and
West in the State of Hawaii, $14,000,000: Provided, That none
of the funds appropriated herein shall be used to pay any
salary, or enter into any contract providing for the payment
thereof, in excess of the rate authorized by 5 U.S.C. 5376.
national endowment for democracy
For grants made by the Department of State to the National
Endowment for Democracy as authorized by the National Endowment
for Democracy Act, $33,500,000, to remain available until
expended.
RELATED AGENCY
Broadcasting Board of Governors
international broadcasting operations
For expenses necessary to enable the Broadcasting Board of
Governors, as authorized, to carry out international
communication activities, $428,234,000, of which not to exceed
$16,000 may be used for official receptions within the United
States as authorized, not to exceed $35,000 may be used for
representation abroad as authorized, and not to exceed $39,000
may be used for official reception and representation expenses
of Radio Free Europe/Radio Liberty; and in addition,
notwithstanding any other provision of law, not to exceed
$2,000,000 in receipts from advertising and revenue from
business ventures, not to exceed $500,000 in receipts from
cooperating international organizations, and not to exceed
$1,000,000 in receipts from privatization efforts of the Voice
of America and the International Broadcasting Bureau, to remain
available until expended for carrying out authorized purposes.
broadcasting to cuba
For necessary expenses to enable the Broadcasting Board of
Governors to carry out broadcasting to Cuba, including the
purchase, rent, construction, and improvement of facilities for
radio and television transmission and reception, and purchase
and installation of necessary equipment for radio and
television transmission and reception, $24,872,000, to remain
available until expended.
broadcasting capital improvements
For the purchase, rent, construction, and improvement of
facilities for radio transmission and reception, and purchase
and installation of necessary equipment for radio and
television transmission and reception as authorized,
$25,900,000, to remain available until expended, as authorized.
General Provisions--Department of State and Related Agency
Sec. 401. Funds appropriated under this title shall be
available, except as otherwise provided, for allowances and
differentials as authorized by subchapter 59 of title 5, United
States Code; for services as authorized by 5 U.S.C. 3109; and
for hire of passenger transportation pursuant to 31 U.S.C.
1343(b).
Sec. 402. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of
State in this Act may be transferred between such
appropriations, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 10
percent by any such transfers: Provided, That not to exceed 5
percent of any appropriation made available for the current
fiscal year for the Broadcasting Board of Governors in this Act
may be transferred between such appropriations, but no such
appropriation, except as otherwise specifically provided, shall
be increased by more than 10 percent by any such transfers:
Provided further, That any transfer pursuant to this section
shall be treated as a reprogramming of funds under section 605
of this Act and shall not be available for obligation or
expenditure except in compliance with the procedures set forth
in that section.
Sec. 403. None of the funds made available in this Act may
be used by the Department of State or the Broadcasting Board of
Governors to provide equipment, technical support, consulting
services, or any other form of assistance to the Palestinian
Broadcasting Corporation.
Sec. 404. Hereafter, none of the funds appropriated or
otherwise made available for the United Nations may be used by
the United Nations for the promulgation or enforcement of any
treaty, resolution, or regulation authorizing the United
Nations, or any of its specialized agencies or affiliated
organizations, to tax any aspect of the Internet or
international currency transactions.
Sec. 405. Funds appropriated by this Act for the
Broadcasting Board of Governors and the Department of State may
be obligated and expended notwithstanding section 313 of the
Foreign Relations Authorization Act, Fiscal Years 1994 and
1995, and section 15 of the State Department Basic Authorities
Act of 1956, as amended.
Sec. 406. The Mutual Educational and Cultural Exchange Act
of 1961 (22 U.S.C. 2451 et seq.) is amended by adding at the
end the following new section:
``SEC. 114. ALLOCATION OF FUNDS TRANSFERRED TO THE BUREAU OF
EDUCATIONAL AND CULTURAL AFFAIRS.
``Of each amount transferred to the Bureau of Educational
and Cultural Affairs out of appropriations other than
appropriations under the heading `Educational and Cultural
Exchange Programs' for support of an educational or cultural
exchange program, notwithstanding any other provision of law,
not more than 7.5 percent shall be made available to cover
administrative expenses incurred in connection with support of
the program. Amounts made available to cover administrative
expenses shall be credited to the appropriations under the
heading `Educational and Cultural Exchange Programs' and shall
remain available until expended.''.
Sec. 407. (a) Section 1334 of the Foreign Affairs Reform
and Restructuring Act of 1998 (as enacted in division G of the
Omnibus Consolidated and Emergency Supplemental Appropriations
Act, 1999; Public Law 105-277 and amended by section 404(a) of
the Admiral James W. Nance and Meg Donovan Foreign Relations
Authorization Act, Fiscal Years 2000 and 2001) is amended by
striking ``October 1, 2001'' and inserting ``October 1, 2005''.
(b) The amendment made by subsection (a) shall take effect
as if included in the enactment of the Admiral James W. Nance
and Meg Donovan Foreign Relations Authorization Act, Fiscal
Years 2000 and 2001.
(c) The provisions of law repealed by section 404(c) of the
Admiral James W. Nance and Meg Donovan Foreign Relations
Authorization Act, Fiscal Years 2000 and 2001 (section 404(c)
of division A of H.R. 3427, as enacted into law by section
1000(a)(7) of Public Law 106-113; appendix G; 113 Stat. 1501A-
446) are hereby reenacted into law.
(d) Notwithstanding any other provision of law, any period
of discontinuity of the United States Advisory Commission on
Public Diplomacy shall not affect the appointment or terms of
service of members of the commission.
Sec. 408. (a) Section 303 of the Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 1988 (as enacted into law by section 101(a)
of Public Law 100-202) is amended in the first sentence by
striking ``$440,000'' and inserting ``$620,000''.
(b)(1) Section 2(2) of the joint resolution entitled
``Joint resolution to authorize participation by the United
States in parliamentary conferences of the North Atlantic
Treaty Organization'', approved July 11, 1956 (22 U.S.C. 1928b)
is amended--
(A) by striking ``$100,000'' and inserting
``$200,000''; and
(B) by striking ``$50,000'' each of the two places
it appears and inserting ``$100,000''.
(2) Section 2 of the joint resolution entitled ``Joint
resolution to authorize participation by the United States in
parliamentary conferences with Mexico'', approved April 9, 1960
(22 U.S.C. 276i) is amended--
(A) by striking ``$80,000'' and inserting
``$120,000''; and
(B) by striking ``$40,000'' each of the two places
it appears and inserting ``$60,000''.
(3) Section 2 of the joint resolution entitled ``Joint
resolution to authorize participation by the United States in
parliamentary conferences with Canada'', approved June 11, 1959
(22 U.S.C. 276e) is amended--
(A) by striking ``$70,000'' and inserting
``$150,000''; and
(B) by striking ``$35,000'' each of the two places
it appears and inserting ``$75,000''.
(4) Section 109(b) of the Department of State Authorization
Act, Fiscal Years 1984 and 1985 (22 U.S.C. 276 note) is amended
by striking ``$50,000'' and inserting ``$100,000''.
(c) Notwithstanding any other provision of law, whenever
either the House of Representatives or the Senate does not
appoint its allotment of members as part of the American
delegation or group to a conference or assembly of the British-
American Interparliamentary Group, the Conference on Security
and Cooperation in Europe (CSCE), the Mexico-United States
Interparliamentary Group, the North Atlantic Assembly, or any
similar interparliamentary group of which the United States is
a member or participates and so notifies the other body of
Congress, the other body may make appointments to complete the
membership of the American delegation. Any appointment pursuant
to this section shall be for the period of such conference or
assembly and the body of Congress making such an appointment
shall be responsible for the expenses of any member so
appointed. Any such appointment shall be made in the same
manner in which other appointments to the delegation by such
body of Congress are made.
This title may be cited as the ``Department of State and
Related Agency Appropriations Act, 2002''.
TITLE V--RELATED AGENCIES
DEPARTMENT OF TRANSPORTATION
Maritime Administration
maritime security program
For necessary expenses to maintain and preserve a U.S.-flag
merchant fleet to serve the national security needs of the
United States, $98,700,000, to remain available until expended.
operations and training
For necessary expenses of operations and training
activities authorized by law, $89,054,000, of which $13,000,000
shall remain available until expended for capital improvements
at the United States Merchant Marine Academy.
maritime guaranteed loan (title xi) program account
For the cost of guaranteed loans, as authorized by the
Merchant Marine Act, 1936, $33,000,000, to remain available
until expended: Provided, That such costs, including the cost
of modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974, as amended.
In addition, for administrative expenses to carry out the
guaranteed loan program, not to exceed $3,978,000, which shall
be transferred to and merged with the appropriation for
Operations and Training.
administrative provisions--maritime administration
Notwithstanding any other provision of this Act, the
Maritime Administration is authorized to furnish utilities and
services and make necessary repairs in connection with any
lease, contract, or occupancy involving Government property
under control of the Maritime Administration, and payments
received therefore shall be credited to the appropriation
charged with the cost thereof: Provided, That rental payments
under any such lease, contract, or occupancy for items other
than such utilities, services, or repairs shall be covered into
the Treasury as miscellaneous receipts.
No obligations shall be incurred during the current fiscal
year from the construction fund established by the Merchant
Marine Act, 1936, or otherwise, in excess of the appropriations
and limitations contained in this Act or in any prior
Appropriations Act.
Commission for the Preservation of America's Heritage Abroad
salaries and expenses
For expenses for the Commission for the Preservation of
America's Heritage Abroad, $489,000, as authorized by section
1303 of Public Law 99-83.
Commission on Civil Rights
salaries and expenses
For necessary expenses of the Commission on Civil Rights,
including hire of passenger motor vehicles, $9,096,000:
Provided, That not to exceed $50,000 may be used to employ
consultants: Provided further, That none of the funds
appropriated in this paragraph shall be used to employ in
excess of four full-time individuals under Schedule C of the
Excepted Service exclusive of one special assistant for each
Commissioner: Provided further, That none of the funds
appropriated in this paragraph shall be used to reimburse
Commissioners for more than 75 billable days, with the
exception of the chairperson, who is permitted 125 billable
days.
Commission on International Religious Freedom
salaries and expenses
For necessary expenses for the United States Commission on
International Religious Freedom, as authorized by title II of
the International Religious Freedom Act of 1998 (Public Law
105-292), $3,000,000, to remain available until expended.
Commission on Ocean Policy
salaries and expenses
For the necessary expenses of the Commission on Ocean
Policy, pursuant to Public Law 106-256, $3,000,000, to remain
available until expended: Provided, That the Commission shall
present to the Congress within 18 months of appointment its
recommendations for a national ocean policy.
Commission on Security and Cooperation in Europe
salaries and expenses
For necessary expenses of the Commission on Security and
Cooperation in Europe, as authorized by Public Law 94-304,
$1,499,000, to remain available until expended as authorized by
section 3 of Public Law 99-7.
Congressional-Executive Commission on the People's Republic of China
salaries and expenses
For necessary expenses of the Congressional-Executive
Commission on the People's Republic of China, as authorized,
$1,000,000, to remain available until expended.
Equal Employment Opportunity Commission
salaries and expenses
For necessary expenses of the Equal Employment Opportunity
Commission as authorized by title VII of the Civil Rights Act
of 1964, as amended (29 U.S.C. 206(d) and 621-634), the
Americans with Disabilities Act of 1990, and the Civil Rights
Act of 1991, including services as authorized by 5 U.S.C. 3109;
hire of passenger motorvehicles as authorized by 31 U.S.C.
1343(b); non-monetary awards to private citizens; and not to exceed
$30,000,000 for payments to State and local enforcement agencies for
services to the Commission pursuant to title VII of the Civil Rights
Act of 1964, as amended, sections 6 and 14 of the Age Discrimination in
Employment Act, the Americans with Disabilities Act of 1990, and the
Civil Rights Act of 1991, $310,406,000: Provided, That the Commission
is authorized to make available for official reception and
representation expenses not to exceed $2,500 from available funds.
Federal Communications Commission
salaries and expenses
For necessary expenses of the Federal Communications
Commission, as authorized by law, including uniforms and
allowances therefor, as authorized by 5 U.S.C. 5901-5902; not
to exceed $600,000 for land and structure; not to exceed
$500,000 for improvement and care of grounds and repair to
buildings; not to exceed $4,000 for official reception and
representation expenses; purchase (not to exceed 16) and hire
of motor vehicles; special counsel fees; and services as
authorized by 5 U.S.C. 3109, $245,071,000, of which not to
exceed $300,000 shall remain available until September 30,
2003, for research and policy studies: Provided, That
$218,757,000 of offsetting collections shall be assessed and
collected pursuant to section 9 of title I of the
Communications Act of 1934, as amended, and shall be retained
and used for necessary expenses in this appropriation, and
shall remain available until expended: Provided further, That
the sum herein appropriated shall be reduced as such offsetting
collections are received during fiscal year 2002 so as to
result in a final fiscal year 2002 appropriation estimated at
$26,314,000: Provided further, That any offsetting collections
received in excess of $218,757,000 in fiscal year 2002 shall
remain available until expended, but shall not be available for
obligation until October 1, 2002.
Federal Maritime Commission
salaries and expenses
For necessary expenses of the Federal Maritime Commission
as authorized by section 201(d) of the Merchant Marine Act,
1936, as amended (46 U.S.C. App. 1111), including services as
authorized by 5 U.S.C. 3109; hire of passenger motor vehicles
as authorized by 31 U.S.C. 1343(b); and uniforms or allowances
therefor, as authorized by 5 U.S.C. 5901-5902, $16,458,000:
Provided, That not to exceed $2,000 shall be available for
official reception and representation expenses.
Federal Trade Commission
salaries and expenses
For necessary expenses of the Federal Trade Commission,
including uniforms or allowances therefor, as authorized by 5
U.S.C. 5901-5902; services as authorized by 5 U.S.C. 3109; hire
of passenger motor vehicles; not to exceed $2,000 for official
reception and representation expenses, $155,982,000: Provided,
That not to exceed $300,000 shall be available for use to
contract with a person or persons for collection services in
accordance with the terms of 31 U.S.C. 3718, as amended:
Provided further, That, notwithstanding any other provision of
law, not to exceed $155,982,000 of offsetting collections
derived from fees collected for premerger notification filings
under the Hart-Scott-Rodino Antitrust Improvements Act of 1976
(15 U.S.C. 18a), regardless of the year of collection, shall be
retained and used for necessary expenses in this appropriation,
and shall remain available until expended: Provided further,
That the sum herein appropriated from the general fund shall be
reduced as such offsetting collections are received during
fiscal year 2002, so as to result in a final fiscal year 2002
appropriation from the general fund estimated at not more than
$0, to remain available until expended: Provided further, That
none of the funds made available to the Federal Trade
Commission shall be available for obligation for expenses
authorized by section 151 of the Federal Deposit Insurance
Corporation Improvement Act of 1991 (Public Law 102-242; 105
Stat. 2282-2285).
Legal Services Corporation
payment to the legal services corporation
For payment to the Legal Services Corporation to carry out
the purposes of the Legal Services Corporation Act of 1974, as
amended, $329,300,000, of which $310,000,000 is for basic field
programs and required independent audits; $2,500,000 is for the
Office of Inspector General, of which such amounts as may be
necessary may be used to conduct additional audits of
recipients; $12,400,000 is for management and administration;
and $4,400,000 is for client self-help and information
technology.
administrative provisions--legal services corporation
None of the funds appropriated in this Act to the Legal
Services Corporation shall be expended for any purpose
prohibited or limited by, or contrary to any of the provisions
of, sections 501, 502, 503, 504, 505, and 506 of Public Law
105-119, and all funds appropriated in this Act to the Legal
Services Corporation shall be subject to the same terms and
conditions set forth in such sections, except that all
references in sections 502 and 503 to 1997 and 1998 shall be
deemed to refer instead to 2001 and 2002, respectively.
Section 504(a)(16) of Public Law 104-134 is hereafter
amended by striking ``if such relief does not involve'' and all
that follows through ``representation''.
Marine Mammal Commission
salaries and expenses
For necessary expenses of the Marine Mammal Commission as
authorized by title II of Public Law 92-522, as amended,
$1,957,000.
National Veterans Business Development Corporation
For necessary expenses of the National Veterans Business
Development Corporation as authorized under section 33(a) of
the Small Business Act, as amended, $4,000,000.
Pacific Charter Commission
salaries and expenses
For necessary expenses for the Pacific Charter Commission,
as authorized by the Pacific Charter Commission Act of 2000
(Public Law 106-570), $1,500,000, to remain available until
expended.
Securities and Exchange Commission
salaries and expenses
For necessary expenses for the Securities and Exchange
Commission, including services as authorized by 5 U.S.C. 3109,
the rental of space (to include multiple year leases) in the
District of Columbia and elsewhere, and not to exceed $3,000
for official reception and representation expenses,
$109,500,000 from fees collected in fiscal year 2002 to remain
available until expended, and from fees collected in previous
fiscal years, $328,400,000, to remain available until expended;
of which not to exceed $10,000 may be used toward funding a
permanent secretariat for the International Organization of
Securities Commissions; and of which not to exceed $100,000
shall be available for expenses for consultations and meetings
hosted by the Commission with foreign governmental and other
regulatory officials, members of their delegations, appropriate
representatives and staff to exchange views concerning
developments relating to securities matters, development and
implementation of cooperation agreements concerning securities
matters and provision of technical assistance for the
development of foreign securities markets, such expenses to
include necessary logistic and administrative expenses and the
expenses of Commission staff and foreign invitees in attendance
at such consultations and meetings including: (1) such
incidental expenses as meals taken in the course of such
attendance; (2) any travel and transportation to or from such
meetings; and (3) any other related lodging or subsistence:
Provided, That fees and charges authorized by sections 6(b)(4)
of the Securities Act of 1933 (15 U.S.C. 77f(b)(4)) and 31(d)
of the Securities Exchange Act of 1934 (15 U.S.C. 78ee(d))
shall be credited to this account as offsetting collections:
Provided further, That in the event that H.R. 1088, the
Investor and Capital Markets Fee Relief Act, or other
legislation to amend section 6(b) of the Securities Act of 1933
(15 U.S.C. 77f(b)), and sections 13(e), 14(g), and 31 of the
Securities Exchange Act of 1934 (15 U.S.C. 78m(e), 78n(g) and
78ee), is enacted into law prior to the date on which a regular
appropriation to the Commission for fiscal year 2003 is
enacted, the fees, charges, and assessments authorized by such
sections, as amended, shall be deposited and credited to this
account as offsetting collections: Provided further, That fees
collected as authorized by section 31 of the Securities
Exchange Act of 1934 (15 U.S.C. 78ee) for sales transacted on,
and with respect to securities registered solely on, an
exchange that is initially granted registration as a national
securities exchange after February 24, 2000 shall be credited
to this account as offsetting collections: Provided further,
That for purposes of collections under section 31, a security
shall not be deemed registered on a national securities
exchange solely because that national securities exchange
continues or extends unlisted trading privileges to that
security.
Small Business Administration
salaries and expenses
For necessary expenses, not otherwise provided for, of the
Small Business Administration as authorized by Public Law 105-
135, including hire of passenger motor vehicles as authorized
by 31 U.S.C. 1343 and 1344, and not to exceed $3,500 for
official reception and representation expenses, $308,476,000:
Provided, That the Administrator is authorized to charge fees
to cover the cost of publications developed by the Small
Business Administration, and certain loan servicing activities:
Provided further, That, notwithstanding 31 U.S.C. 3302,
revenues received from all such activities shall be credited to
this account, to be available for carrying out these purposes
without further appropriations: Provided further, That
$88,000,000 shall be available to fund grants for performance
in fiscal year 2002 or fiscal year 2003 as authorized by
section 21 of the Small Business Act, as amended.
office of inspector general
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978, as amended (5 U.S.C. App.), $11,464,000.
business loans program account
For the cost of direct loans, $1,860,000, to be available
until expended; and for the cost of guaranteed loans,
$78,000,000, as authorized by 15 U.S.C. 631 note, of which
$45,000,000 shall remain available until September 30, 2003:
Provided, That such costs, including the cost of modifying such
loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974, as amended: Provided further, That during
fiscal year 2002 commitments to guarantee loans under section
503 of the Small Business Investment Act of 1958, as amended,
shall not exceed $4,500,000,000, as provided under section
20(h)(1)(B)(ii) of the Small Business Act: Provided further,
That during fiscal year 2002 commitments for general business
loans authorized under section 7(a) of the Small Business Act,
as amended, shall not exceed $10,000,000,000 without prior
notification of the Committees on Appropriations of the House
of Representatives and Senate in accordance with section 605 of
this Act: Provided further, That during fiscal year 2002
commitments to guarantee loans for debentures and participating
securities under section 303(b) of the Small Business
Investment Act of 1958, as amended, shall not exceed thelevels
established by section 20(h)(1)(C) of the Small Business Act.
In addition, for administrative expenses to carry out the
direct and guaranteed loan programs, $129,000,000, which may be
transferred to and merged with the appropriations for Salaries
and Expenses.
disaster loans program account
For the cost of direct loans authorized by section 7(b) of
the Small Business Act, as amended, $87,360,000, to remain
available until expended: Provided, That such costs, including
the cost of modifying such loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974, as
amended.
In addition, for administrative expenses to carry out the
direct loan program, $122,354,000, which may be transferred to
and merged with appropriations for Salaries and Expenses, of
which $500,000 is for the Office of Inspector General of the
Small Business Administration for audits and reviews of
disaster loans and the disaster loan program and shall be
transferred to and merged with appropriations for the Office of
Inspector General; of which $112,000,000 is for direct
administrative expenses of loan making and servicing to carry
out the direct loan program; and of which $9,854,000 is for
indirect administrative expenses: Provided, That any amount in
excess of $9,854,000 to be transferred to and merged with
appropriations for Salaries and Expenses for indirect
administrative expenses shall be treated as a reprogramming of
funds under section 605 of this Act and shall not be available
for obligation or expenditure except in compliance with the
procedures set forth in that section.
administrative provision--small business administration
Not to exceed 5 percent of any appropriation made available
for the current fiscal year for the Small Business
Administration in this Act may be transferred between such
appropriations, but no such appropriation shall be increased by
more than 10 percent by any such transfers: Provided, That any
transfer pursuant to this paragraph shall be treated as a
reprogramming of funds under section 605 of this Act and shall
not be available for obligation or expenditure except in
compliance with the procedures set forth in that section.
State Justice Institute
salaries and expenses
For necessary expenses of the State Justice Institute, as
authorized by the State Justice Institute Authorization Act of
1992 (Public Law 102-572; 106 Stat. 4515-4516), $3,000,000:
Provided, That not to exceed $2,500 shall be available for
official reception and representation expenses.
United States-Canada Alaska Rail Commission
salaries and expenses
For necessary expenses of the ``United States-Canada Alaska
Rail Commission'', as authorized by Title III of Public Law
106-520, $2,000,000, to remain available until expended.
TITLE VI--GENERAL PROVISIONS
Sec. 601. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes not
authorized by the Congress.
Sec. 602. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 603. The expenditure of any appropriation under this
Act for any consulting service through procurement contract,
pursuant to 5 U.S.C. 3109, shall be limited to those contracts
where such expenditures are a matter of public record and
available for public inspection, except where otherwise
provided under existing law, or under existing Executive order
issued pursuant to existing law.
Sec. 604. If any provision of this Act or the application
of such provision to any person or circumstances shall be held
invalid, the remainder of the Act and the application of each
provision to persons or circumstances other than those as to
which it is held invalid shall not be affected thereby.
Sec. 605. (a) None of the funds provided under this Act, or
provided under previous appropriations Acts to the agencies
funded by this Act that remain available for obligation or
expenditure in fiscal year 2002, or provided from any accounts
in the Treasury of the United States derived by the collection
of fees available to the agencies funded by this Act, shall be
available for obligation or expenditure through a reprogramming
of funds which: (1) creates new programs; (2) eliminates a
program, project, or activity; (3) increases funds or personnel
by any means for any project or activity for which funds have
been denied or restricted; (4) relocates an office or
employees; (5) reorganizes offices, programs, or activities; or
(6) contracts out or privatizes any functions or activities
presently performed by Federal employees; unless the
Appropriations Committees of both Houses of Congress are
notified 15 days in advance of such reprogramming of funds.
(b) None of the funds provided under this Act, or provided
under previous appropriations Acts to the agencies funded by
this Act that remain available for obligation or expenditure in
fiscal year 2002, or provided from any accounts in the Treasury
of the United States derived by the collection of fees
available to the agencies funded by this Act, shall be
available for obligation or expenditure for activities,
programs, or projects through a reprogramming of funds in
excess of $500,000 or 10 percent, whichever is less, that: (1)
augments existing programs, projects, or activities; (2)
reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent as
approved by Congress; or(3) results from any general savings
from a reduction in personnel which would result in a change in
existing programs, activities, or projects as approved by Congress;
unless the Appropriations Committees of both Houses of Congress are
notified 15 days in advance of such reprogramming of funds.
Sec. 606. None of the funds made available in this Act may
be used for the construction, repair (other than emergency
repair), overhaul, conversion, or modernization of vessels for
the National Oceanic and Atmospheric Administration in
shipyards located outside of the United States.
Sec. 607. (a) Purchase of American-Made Equipment and
Products.--It is the sense of the Congress that, to the
greatest extent practicable, all equipment and products
purchased with funds made available in this Act should be
American-made.
(b) Notice Requirement.--In providing financial assistance
to, or entering into any contract with, any entity using funds
made available in this Act, the head of each Federal agency, to
the greatest extent practicable, shall provide to such entity a
notice describing the statement made in subsection (a) by the
Congress.
(c) Prohibition of Contracts With Persons Falsely Labeling
Products as Made in America.--If it has been finally determined
by a court or Federal agency that any person intentionally
affixed a label bearing a ``Made in America'' inscription, or
any inscription with the same meaning, to any product sold in
or shipped to the United States that is not made in the United
States, the person shall be ineligible to receive any contract
or subcontract made with funds made available in this Act,
pursuant to the debarment, suspension, and ineligibility
procedures described in sections 9.400 through 9.409 of title
48, Code of Federal Regulations.
Sec. 608. None of the funds made available in this Act may
be used to implement, administer, or enforce any guidelines of
the Equal Employment Opportunity Commission covering harassment
based on religion, when it is made known to the Federal entity
or official to which such funds are made available that such
guidelines do not differ in any respect from the proposed
guidelines published by the Commission on October 1, 1993 (58
Fed. Reg. 51266).
Sec. 609. None of the funds made available by this Act may
be used for any United Nations undertaking when it is made
known to the Federal official having authority to obligate or
expend such funds: (1) that the United Nations undertaking is a
peacekeeping mission; (2) that such undertaking will involve
United States Armed Forces under the command or operational
control of a foreign national; and (3) that the President's
military advisors have not submitted to the President a
recommendation that such involvement is in the national
security interests of the United States and the President has
not submitted to the Congress such a recommendation.
Sec. 610. (a) None of the funds appropriated or otherwise
made available by this Act shall be expended for any purpose
for which appropriations are prohibited by section 609 of the
Departments of Commerce, Justice, and State, the Judiciary, and
Related Agencies Appropriations Act, 1999.
(b) The requirements in subparagraphs (A) and (B) of
section 609 of that Act shall continue to apply during fiscal
year 2002.
Sec. 611. Hereafter, none of the funds appropriated or
otherwise made available to the Bureau of Prisons shall be used
to provide the following amenities or personal comforts in the
Federal prison system--
(1) in-cell television viewing except for prisoners
who are segregated from the general prison population
for their own safety;
(2) the viewing of R, X, and NC-17 rated movies,
through whatever medium presented;
(3) any instruction (live or through broadcasts) or
training equipment for boxing, wrestling, judo, karate,
or other martial art, or any bodybuilding or
weightlifting equipment of any sort;
(4) possession of in-cell coffee pots, hot plates
or heating elements; or
(5) the use or possession of any electric or
electronic musical instrument.
Sec. 612. (a) The President shall submit as part of the
fiscal year 2003 budget to Congress a proposal to restructure
the Department of Justice to include a coordinator of
Department of Justice activities relating to combating domestic
terrorism, including State and local grant programs subject to
the authority of the Attorney General, and who will serve as
the Department of Justice representative at interagency
meetings on combating terrorism below the Cabinet level.
(b) If the President does not submit a proposal as
described in subsection (a), or if Congress fails to enact
legislation establishing a new position described in subsection
(a), by June 30, 2002, then effective on such date subsections
(c) through (f) shall take effect.
(c)(1) Section 504 of title 28, United States Code, is
amended by inserting after ``General'' the following: ``and a
Deputy Attorney General for Combating Domestic Terrorism''.
(2) the Section heading for section 504 of title 28, United
States Code, is amended by striking ``Attorney'' and inserting
``Attorneys''.
(d) The Deputy Attorney General for Combating Domestic
Terrorism (appointed under section 504 of title 28, United
States Code, as amended by subsection (c)) shall--
(1) serve as the principal adviser to the Attorney
General for combating terrorism, counterterrorism, and
antiterrorism policy;
(2) have responsibility for coordinating all
functions within the Department of Justice relating to
combating domestic terrorism including--
(A) policies, plans, and oversight, as they
relate to combating terrorism,
counterterrorism, and antiterrorism activities;
(B) State and local preparedness for
terrorist events;
(C) security classifications and clearances
within the Department of Justice;
(D) contingency operations within the
Department of Justice; and
(E) critical infrastructure.
(3) coordinate--
(A) all inter-agency interface between the
Department of Justice and other departments,
agencies, and entities of the United States,
including State and local organizations,
engaged in combating terrorism,
counterterrorism, and antiterrorism activities;
and
(B) the implementation of the national
strategy for combating terrorism by State and
local entities with responsibilities for
combating domestic terrorism; and
(4) recommend changes in the organization and
management of the Department of Justice and State and
local entities engaged in combating domestic terrorism
to the Attorney General.
(e) There is appropriated, out of any money in the Treasury
of the United States not otherwise appropriated, for necessary
expenses of the Office of the Deputy Attorney General for
Combating Domestic Terrorism of the Department of Justice,
$1,000,000, to remain available until expended.
(f) Effective September 30, 2002, there is transferred to
the Deputy Attorney General for Combating Domestic Terrorism
all authorities, liabilities, funding, personnel, equipment,
and real property employed or used by, or associated with, the
Office of Domestic Preparedness, the National Domestic
Preparedness Office, the Executive Office of National Security,
and such appropriate components of the Office of Intelligence
Policy and Review as relate to combating terrorism,
counterterrorism, and antiterrorism activities.
Sec. 613. Any costs incurred by a department or agency
funded under this Act resulting from personnel actions taken in
response to funding reductions included in this Act shall be
absorbed within the total budgetary resources available to such
department or agency: Provided, That the authority to transfer
funds between appropriations accounts as may be necessary to
carry out this section is provided in addition to authorities
included elsewhere in this Act: Provided further, That use of
funds to carry out this section shall be treated as a
reprogramming of funds under section 605 of this Act and shall
not be available for obligation or expenditure except in
compliance with the procedures set forth in that section.
Sec. 614. Hereafter, none of the funds appropriated or
otherwise made available to the Federal Bureau of Prisons may
be used to distribute or make available any commercially
published information or material to a prisoner when it is made
known to the Federal official having authority to obligate or
expend such funds that such information or material is sexually
explicit or features nudity.
Sec. 615. Of the funds appropriated in this Act under the
heading ``Office of Justice Programs--State and Local Law
Enforcement Assistance'', not more than 90 percent of the
amount to be awarded to an entity under the Local Law
Enforcement Block Grant shall be made available to such an
entity when it is made known to the Federal official having
authority to obligate or expend such funds that the entity that
employs a public safety officer (as such term is defined in
section 1204 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968) does not provide such a public safety
officer who retires or is separated from service due to injury
suffered as the direct and proximate result of a personal
injury sustained in the line of duty while responding to an
emergency situation or a hot pursuit (as such terms are defined
by State law) with the same or better level of health insurance
benefits at the time of retirement or separation as they
received while on duty.
Sec. 616. None of the funds provided by this Act shall be
available to promote the sale or export of tobacco or tobacco
products, or to seek the reduction or removal by any foreign
country of restrictions on the marketing of tobacco or tobacco
products, except for restrictions which are not applied equally
to all tobacco or tobacco products of the same type.
Sec. 617. (a) None of the funds appropriated or otherwise
made available by this Act shall be expended for any purpose
for which appropriations are prohibited by section 616 of the
Departments of Commerce, Justice, and State, the Judiciary, and
Related Agencies Appropriations Act, 1999, as amended.
(b) Subsection (a)(1) of section 616 of that Act, as
amended, is further amended by striking ``Claudy Myrthil,''.
(c) The requirements in subsections (b) and (c) of section
616 of that Act shall continue to apply during fiscal year
2002.
Sec. 618. None of the funds appropriated pursuant to this
Act or any other provision of law may be used for: (1) the
implementation of any tax or fee in connection with the
implementation of 18 U.S.C. 922(t); and (2) any system to
implement 18 U.S.C. 922(t) that does not require and result in
the destruction of any identifying information submitted by or
on behalf of any person who has been determined not to be
prohibited from owning a firearm.
Sec. 619. Notwithstanding any other provision of law,
amounts deposited or available in the Fund established under 42
U.S.C. 10601 in any fiscal year in excess of $550,000,000 shall
not be available for obligation until the following fiscal
year, with the exception of emergency appropriations made
available by Public Law 107-38 and transferred to the Fund.
Sec. 620. None of the funds made available to the
Department of Justice in this Act may be used to discriminate
against or denigrate the religious or moral beliefs of students
who participate in programs for which financial assistance is
provided from those funds, or of the parents or legal guardians
of such students.
Sec. 621. None of the funds appropriated or otherwise made
available to the Department of State and the Department of
Justice shall be available for the purpose of granting either
immigrant or nonimmigrant visas, or both, consistent with the
Secretary's determination under section 243(d) of the
Immigration and Nationality Act, to citizens, subjects,
nationals, or residents of countries that the Attorney General
has determined deny or unreasonably delay accepting the return
of citizens, subjects, nationals, or residents under that
section.
Sec. 622. None of the funds made available to the
Department of Justice in this Act may be used for the purpose
of transporting an individual who is a prisoner pursuant to
conviction for crime under State or Federal law and is
classified as a maximum or high security prisoner, other than
to a prison or other facility certified by the Federal Bureau
of Prisons as appropriately secure for housing such a prisoner.
Sec. 623. The requirements of section 312(a)(3) of the
Magnuson-Stevens Fishery Conservation and Management Act shall
not apply to funds made available by section 2201 of Public Law
106-246.
Sec. 624. (a) Section 203(i) of the Act entitled ``An Act
to approve a governing international agreement between the
United States and the Republic of Poland, and for other
purposes'', approved November 13, 1998, is amended by striking
``2001'' and inserting ``2006''.
(b) Section 203 of such Act, as amended by subsection (a),
is further amended by adding at the end the following:
``(j) Not later than December 31, 2001, and every 2 years
thereafter, the Pacific State Marine Fisheries Commission shall
submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Resources of
the House of Representatives a report on the health and
management of the Dungeness Crab fishery located off the coasts
of the States of Washington, Oregon, and California.''.
Sec. 625. Section 140 of Public Law 97-92 (28 U.S.C. 461
note; 95 Stat. 1200) is amended by adding at the end the
following: ``This section shall apply to fiscal year 1981 and
each fiscal year thereafter.''.
Sec. 626. (a) The President shall submit, by not later than
the time of submission of the Budget of the United States
Government for Fiscal Year 2003, a legislative proposal to
establish a comprehensive program to ensure fair, equitable,
and prompt compensation for all United States victims of
international terrorism (or relatives of deceased United States
victims of international terrorism) that occurred or occurs on
or after November 1, 1979.
(b) The legislative proposal shall include, among other
things, which types of events should be covered; which
categories of individuals should be covered by a compensation
program; the means by which United States victims of prior or
future acts of international terrorism, including those with
hostage claims against foreign states, will be covered; the
establishment of a Special Master to administer the program;
the categories of injuries for which there should be
compensation; the process by which any collateral source of
compensation to a victim (or a relative of a deceased victim)
for an act of international terrorism shall be offset from any
compensation that may be paid to that victim (or that relative)
under the program established by this section; and identifiable
sources offunds including assets of any state sponsor of
terrorism to make payments under the program.
(c) Amend 28 U.S.C. Section 1605(a)(7)(A) by inserting at
the end, before the semicolon, the following: ``or the act is
related to Case Number 1:00CV03110(ESG) in the United States
District Court for the District of Columbia''.
Sec. 627. No funds appropriated by this Act may be used by
Federal prisons to purchase cable television services, to rent
or purchase videocassettes, videocassette recorders, or other
audiovisual or electronic equipment used primarily for
recreational purposes. The preceding sentence does not preclude
the renting, maintenance, or purchase of audiovisual or
electronic equipment for inmate training, religious, or
educational programs.
Sec. 628. Clause (ii) of section 621(5)(A) of the
Communications Satellite Act of 1962 (47 U.S.C. 763(5)(A)) is
amended by striking ``on or about October 1, 2000,'' and all
that follows through the end and inserting ``not later than
December 31, 2002, except that the Commission may extend this
deadline to not later than June 30, 2003.
Sec. 629. For an additional amount for ``Small Business
Administration, Salaries and Expenses'', $30,000,000, of which
$1,000,000 shall be available for a grant to Green Thumb, Inc.,
to expand activities serving small businesses and older
entrepreneurs; $500,000 shall be available for a grant to the
New York Small Business Development Center to establish
veterans business outreach programs; $1,000,000 shall be for a
grant to the University of West Florida for a virtual business
accelerator program; $1,000,000 shall be for a grant to
Hamilton County, Tennessee, to establish a high-tech small
business incubator; $500,000 shall be available for a grant to
the Oklahoma Department of Career and Technology Education for
a technology-based program for vocational training for economic
and job development; $200,000 shall be available for a grant to
Rural Enterprises, Inc., in Durant, Oklahoma, to continue
support for a resource center for rural businesses; $100,000
shall be available for a grant to Oklahoma State University for
a center for international trade development; $300,000 shall be
for a grant to the University of Montana to establish an
economic development resource center; $1,000,000 shall be for a
grant to George Mason University to conduct an information
technology business development program; $1,500,000 shall be
for a grant to Shenandoah University to develop a historical
and tourism development facility; $1,000,000 shall be for a
grant to the Software Productivity Consortium to develop a
facility to support demonstration programs on information
technology and telework; $1,000,000 shall be for a grant to the
Southern Kentucky Tourism Development Association for
continuation of a regional tourism promotion initiative;
$1,500,000 shall be for a grant to the Southern Kentucky
Economic Development Corporation for regional infrastructure
and economic development initiatives; $450,000 shall be for a
grant to Southern Kentucky Rehabilitation Industries for
financial assistance and small business development; $350,000
shall be available for a grant to the Catskill Mountain
Foundation to develop facilities and small business assistance
programs; $500,000 shall be for a grant to the East Los Angeles
Community Union to redevelop small business assistance
facilities; $300,000 shall be for a grant to the Rockford,
Illinois, Health Council for a pilot program on small business
health care insurance issues; $2,000,000 shall be for a grant
for the Illinois Coalition for a national demonstration project
providing one-stop assistance for technology startup
businesses; $1,000,000 shall be for a grant to James Madison
University for library programs and facilities to assist small
businesses; $300,000 shall be for a grant to Lewis and Clark
College in Lewiston, Idaho, to develop a virtual business
incubator; $300,000 shall be for a grant to the City of
Chesapeake, Virginia, to develop a community and
microenterprise development facility; $700,000 shall be for a
grant to Social Compact for the ``Realizing the Dream''
initiative; $1,000,000 shall be for a grant to Soundview
Community in Action for a technology access and business
improvement project; $500,000 shall be for a grant to the Urban
Justice Center in New York City for a community development
project; $1,000,000 shall be for a grant to the Bronx Child
Study Center at the Bronx-Lebanon Hospital Center; $2,000,000
shall be for a grant to the Los Angeles Conservancy for
rebuilding and revitalization; $2,000,000 shall be to the Rhode
Island School of Design for the modernization of a building to
establish a small business incubator; $500,000 shall be for a
grant to Johnstown Area Regional Industries for a High
Technology Initiative and a Wireless/Digital Technology
Program; $400,000 shall be for a grant to Purdue University for
the purposes of constructing the Purdue Regional Technology
Center in Lake County, Indiana; $500,000 shall be for a grant
to the NTTC at Wheeling Jesuit University to continue the
outreach program to assist small business development; $400,000
shall be for a grant to the Infotonics Center of Excellence in
Rochester, New York, for photonics incubation and business
development; $1,100,000 shall be for a grant to the
MountainMade Foundation to fulfill its charter purposes and to
continue the initiative developed by the NTTC for promotion,
business and sites development, and education of artists and
craftspeople; $500,000 shall be for a grant to the West
Virginia High Technology Consortium Foundation to develop a
small business commercialization grant program; $400,000 shall
be for a grant to the National Corrections and Law Enforcement
Training and Technology Center, Inc., to work in conjunction
with the Office of Law Enforcement Technology Commercialization
and the Moundsville Economic Development Council for continued
operations of the National Corrections and Law Enforcement
Training and Technology Center, and for infrastructure
improvements associated with this initiative; $500,000 shall be
for a grant to the Chippewa Falls Industrial Development
Corporation in Chippewa Falls, Wisconsin, for a business
development assistance program; $400,000 shall be for a grant
to the National Center for e-Commerce at Polytechnic University
in Brooklyn, New York; $150,000 shall be for a grant to Portage
County, Wisconsin, for the establishment of a revolving loan
fund; $1,000,000 shall be for a grant to the Upper Manhattan
Empowerment Zone to develop a community accessible recreational
area and economic development site along the Hudson River
between 125th and 135th Streets; $150,000 is for a grant to the
Long Island Bay Shore Aquarium to develop a facility; $500,000
is for a grant to Yonkers, New York, for the Nepperhan Valley
Technology Center; and $500,000 shall be for a grant for
Greenpoint Manufacturing and Design Center to acquire certain
properties to develop a small business incubator facility:
Provided, That Section 633 of Public Law 106-553 is amended
with respect to a grant of $1,000,000 for the City of Oak
Ridge, Tennessee, by inserting the words ``through a subaward
to the Oak Ridge Associated University for renovation and
expansion of a facility owned by the Oak Ridge Associated
University'' after ``to support technology and economic
development initiatives''.
Sec. 630. None of the funds appropriated or otherwise made
available by this Act shall be available for cooperation with,
or assistance or other support to, the International Criminal
Court or the Preparatory Commission. This subsection shall not
be construed to apply to any other entity outside the Rome
treaty.
TITLE VII--RESCISSIONS
DEPARTMENT OF JUSTICE
Legal Activities
assets forfeiture fund
(rescission)
Of the unobligated balances available under this heading,
$40,000,000 are rescinded.
DEPARTMENT OF COMMERCE
Departmental Management
emergency oil and gas guaranteed loan program account
(rescission)
Of the unobligated balances available under this heading
from prior year appropriations, $5,200,000 are rescinded.
RELATED AGENCIES
DEPARTMENT OF TRANSPORTATION
Maritime Administration
ship construction
(rescission)
Of the unobligated balances available under this heading,
$4,400,000 are rescinded.
Securities and Exchange Commission
salaries and expenses
(rescission)
Of the unobligated balances available under this heading,
$50,000,000 are rescinded.
Small Business Administration
business loans program account
(rescission)
Of the unobligated balances available under this heading,
$5,500,000 are rescinded.
This Act may be cited as the ``Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 2002''.
And the Senate agree to the same.
Frank R. Wolf,
Harold Rogers,
Jim Kolbe,
Charles H. Taylor,
Ralph Regula,
Tom Latham,
Dan Miller,
David Vitter,
Bill Young,
Jose E. Serrano,
Alan B. Mollohan,
Lucille Roybal-Allard,
Robert E. Cramer, Jr.,
Patrick J. Kennedy,
David Obey,
Managers on the Part of the House.
Ernest Hollings,
Daniel K. Inouye,
Barbara A. Mikulski,
Patrick J. Leahy,
Herb Kohl,
Patty Murray,
Jack Reed,
Robert C. Byrd,
Judd Gregg,
Ted Stevens,
Pete V. Domenici,
Mitch McConnell,
Kay Bailey Hutchison,
Ben Nighthorse Campbell,
Thad Cochran,
Managers on the Part of the Senate.
JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE
The managers on the part of the House and the Senate at
the conference on the disagreeing votes of the two Houses on
the amendment of the Senate to the bill (H.R. 2500) making
appropriations for the Departments of Commerce, Justice, and
State, the Judiciary and Related Agencies for the fiscal year
ending September 30, 2002, and for other purposes, submit the
following joint statement to the House and the Senate in
explanation of the effect of the action agreed upon by the
managers and recommended in the accompanying conference report.
The legislative intent in the House and Senate versions in H.R.
2500 is set forth in the accompanying House report (H. Rept.
107-139) and the accompanying Senate report (S. 107-42).
Senate amendment: The Senate deleted the entire House
bill after the enacting clause and inserted the Senate bill.
The conference agreement includes a revised bill.
TITLE I--DEPARTMENT OF JUSTICE
General Administration
SALARIES AND EXPENSES
The conference agreement includes $91,668,000 for General
Administration as proposed by the House, instead $93,433,000 as
proposed by the Senate.
The conference agreement adopts by reference the House
report language regarding the planned integration of the
Immigration and Naturalization Service (INS) IDENT system and
the Federal Bureau of Investigation (FBI) IAFIS system.
The conference agreement adopts by reference the Senate
report language regarding a study for the establishment of an
International Law Enforcement Training Academy in Mexico.
The conferees continue to be concerned about the security
of classified information at the Department. The conferees
understand that Federal requirements for storage of classified
information mandate that the General Services Administration
approved containers are secured with locks that meet or exceed
Federal specifications. The conferees expect the Department to
report to the Committees no later than March 1, 2002,
identifying the number of Department-controlled containers that
are not in compliance with the Federal specification.
The conferees are concerned that the Department of
Justice has not adequately focused its attention on the growing
problem of methamphetamine production and trafficking and the
strain this crime is placing on State and local law enforcement
resources. The Department of Justice is directed to undertake a
review of its current efforts in assisting States and local
communities with this growing problem and to prepare a report
that (1) defines the scope of the methamphetamine problem
nationwide; (2) identifies the regions of the country most
adversely affected by methamphetamine production and
trafficking; (3) identifies the needs of State and local law
enforcement in addressing this issue; and (4) defines the
Department's role in providing training, investigative, and
clean-up assistance to States and localities. This plan shall
be provided to the Committee by February 15, 2002.
The conference agreement includes bill language, as
proposed by the House, specifying the amount of funding
provided for the Department Leadership Program and the Offices
of Legislative and Public Affairs.
JOINT AUTOMATED BOOKING SYSTEM
The conference agreement includes a total of $15,957,000
for the Joint Automated Booking System (JABS) program as
proposed by the House, instead of $22,500,000 as proposed by
the Senate. This includes $1,000,000 in direct appropriations
and a transfer of $14,957,000 from the Working Capital Fund.
The JABS program office may transfer both prior year
unobligated and current year JABS funds between components as
necessary to accelerate the deployment of the system nationwide
without recourse to a reprogramming. The JABS program office is
directed to report to the Committees on Appropriations as
necessary regarding the status of program deployment.
NARROWBAND COMMUNICATIONS
The conference agreement includes a total of $104,615,000
for narrowband communications conversion activities as proposed
by the House, instead of $204,549,000 as proposed by the
Senate. This includes $94,615,000 in direct appropriations and
a $10,000,000 transfer from the Working Capital Fund. The
conferees note that there is $105,000,000 in prior year
carryover in this account. The conference agreement provides
funding necessary to continue implementation of the Department
of Justice Wireless Network and for operations and maintenance
of legacy systems. The conference agreement does not include
language from the Senate report regarding transfers from the
Judiciary or the State Department, or availability of funds for
this account. Instead, the Wireless Management Office is
directed to submit, as part of the fiscal year 2003 President's
budget submission, a program plan based on the final list of
system requirements and a breakout, by fiscal year and
activity, of the total program cost based on the program plan.
Counterterrorism Fund
The conference agreement includes $4,989,000 for the
Counterterrorism Fund as proposed by the House. The Senate did
not fund this program. When combined with $41,077,000 in prior
year carryover, this will make a total of $46,066,000 available
in the Fund for fiscal year 2002 to cover unanticipated,
extraordinary expenses as a result of a terrorist threat or
incident.
Port Security
The conference agreement does not include $39,950,000 for
Port Security as proposed by the Senate. The House did not
address this matter.
The conferees believe that the Maritime Administration
(MARAD) is better suited to administer a port security program.
The conferees support any actions taken by MARAD to work with
local ports to improve security.
ADMINISTRATIVE REVIEW AND APPEALS
The conference agreement includes $173,647,000 for
Administrative Review and Appeals, instead of $178,751,000 as
proposed by the House and $45,813,000 as proposed by the
Senate.
The conference agreement includes $12,940,000 for
inflationary costs and other adjustments to base. The conferees
direct that the Executive Office of Immigration Review fully
fund contract court interpreter services as necessary. The
conferees adopt by reference the House reporting requirement
regarding the detention of criminal aliens, but direct that the
Immigration and Naturalization Service prepare this report and
submit it to the Committees on Appropriations by December 28,
2001.
DETENTION TRUSTEE
The conference agreement includes $1,000,000 for the
Federal Detention Trustee, instead of $1,721,000 as proposed by
the House, and $88,884,000 as proposed by the Senate. The
conferees note that once again the Department has failed to
centralize funding for the Department's detention needs under
the Detention Trustee account as required by the fiscal year
2001 conference report. The Attorney General is directed, as
part of the fiscal year 2003 budget submission, to include
either a funding proposal to fully centralize all detention
funding under the Detention Trustee, or a plan for the orderly
shutdown of this office.
OFFICE OF INSPECTOR GENERAL
The conference agreement includes $50,735,000 for the
Office of Inspector General as proposed by the House, instead
of $46,006,000 as proposed by the Senate.
The conference agreement adopts by reference the House
report language regarding the provision of $5,000,000 to expand
the Inspector General's authorities in investigating
allegations of employee misconduct within the FBI and the Drug
Enforcement Administration (DEA).
United States Parole Commission
SALARIES AND EXPENSES
The conference agreement includes $9,876,000 for the
United States Parole Commission, instead of $10,915,000 as
proposed by the House and $8,836,000 as proposed by the Senate.
The conferees are aware that the Parole Commission is
scheduled to be phased out in November 2002. The conferees are
also aware that a substantial parole caseload, the majority of
which is District of Columbia prisoners, will exist well into
the future. As part of the fiscal year 2003 budget submission,
the Attorney General is directed to propose either an extension
of the existing Commission or the transfer of the residual
caseload to a Federal or District of Columbia agency. In the
event the latter is proposed, the budget submission should
include a plan for the orderly shutdown of the Parole
Commission.
Legal Activities
SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES
The conference agreement includes $549,176,000 for
General Legal Activities, instead of $568,011,000 as proposed
by the House and $527,543,000 as proposed by the Senate.
The conference agreement adopts by reference the House
report language and funding levels for the Civil Rights
Division to enforce the Victims of Trafficking and Protection
Act of 2000 and to investigate and prosecute abuses in
facilities for individuals who are mentally ill and
developmentally disabled, nursing homes, juvenile correctional
facilities, and adult jails and prisons.
The conference agreement adopts by reference the Senate
report language and funding levels for the Criminal Division's
Child Exploitation and Obscenity section, Computer Crime and
Intellectual Property section, and Office of Enforcement
Operations, and the Civil Division's All Other Torts section.
Within the Environment and Natural Resources Division's
base, the conference agreement adopts by reference the Senate
report language on the prosecution of drug labs in Federal
parklands and poaching on Federal lands.
The Department is directed to notify the Committees of
its fiscal year 2002 spending plan incorporating the above
initiatives no later than January 15, 2002. The plan will not
be subject to Committee approval unless it alters or fails to
incorporate any of the aforementioned items.
THE NATIONAL CHILDHOOD VACCINE INJURY ACT
The conference agreement includes a reimbursement of
$4,028,000 for fiscal year 2002 from the Vaccine Injury
Compensation Trust Fund to the Department of Justice, as
proposed by the House and Senate.
LEGAL ACTIVITIES OFFICE AUTOMATION
The conference agreement includes $15,765,000 for Legal
Activities Office Automation, instead of $34,600,000 as
proposed by the Senate. The House provided $18,835,000 for
Legal Activities Office Automation through the ``Salaries and
Expenses, General Legal Activities'' appropriation. The
conference agreement adopts the Senate language creating this
new account structure.
The conferees expect the Department to provide an
additional $18,835,000 for Legal Activities Office Automation
from the Working Capital Fund.
SALARIES AND EXPENSES, ANTITRUST DIVISION
The conference agreement provides $130,791,000 for the
Antitrust Division as proposed by the Senate, instead of
$141,366,000 as proposed by the House. This amount will be
offset with Hart-Scott-Rodino fee collections, regardless of
the year of collection, resulting in no direct appropriations.
The conference agreement adopts the Senate bill language
structure.
SALARIES AND EXPENSES, UNITED STATES ATTORNEYS
The conference agreement includes $1,353,968,000 for the
United States Attorneys as proposed by the House, instead of
$1,260,353,000 as proposed by the Senate.
The conference agreement includes $9,000,000 for Project
Sentry. This will establish new Federal-State partnerships that
will support and expand Project Safe Neighborhood, particularly
focusing on school safety, and identifying and prosecuting
juveniles who violate State and Federal firearms laws and
adults who illegally furnish firearms to them.
The conference agreement adopts by reference the House
report language regarding habeas corpus overload, and adopts
Senate report language regarding fundamental reform of United
States Attorneys operations, gun prosecutions in Colorado, and
the National Advocacy Center, including the distance learning
facility. In addition, the conference agreement provides such
sums as may be necessary for court technology and computer and
telecommunications coordinators.
The conference agreement directs the United States
Attorneys to provide a total of $10,000,000 for cybercrime and
intellectual property enforcement. The direction included in
both the House and Senate reports regarding the submission of a
report on copyright enforcement is adopted by reference.
The conference agreement does not include language in the
Senate bill and report regarding gun surveillance technology
and state and local training on child pornography
investigations. Instead, both projects were funded under the
Office of Justice Programs. The conference agreement includes
$6,500,000 under the Office of Justice Programs, Justice
Assistance, to assist State and local law enforcement agencies
to acquire the necessary knowledge, equipment, and personnel
resources to prevent, interdict, or investigate child sexual
exploitation.
UNITED STATES TRUSTEE SYSTEM FUND
The conference agreement provides $147,000,000 for the
United States Trustees, to be funded entirely from offsetting
collections, instead of $145,937,000 as proposed by the House
and $154,044,000 as proposed by the Senate.
The conference agreement adopts by reference the House
report language regarding funding various automation projects
through the Working Capital Fund, and the Senate report
language on the National Advocacy Center.
SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT COMMISSION
The conference agreement includes $1,136,000 for the
Foreign Claims Settlement Commission as proposed by the House,
instead of $1,130,000 as proposed by the Senate.
SALARIES AND EXPENSES, UNITED STATES MARSHALS SERVICE
The conference agreement includes $619,429,000 for the
U.S. Marshals Service (USMS) salaries and expenses account,
instead of $622,646,000 as proposed by the House and
$644,746,000 as proposed by the Senate. The conference
agreement adopts by reference Senate language and funding
levels for the Warrant Information Network and other networks
and on-line services, including the transfer from the Justice
Detainee Information System, recurring costs of the Electronic
Surveillance Unit, and the transfer of funds from Human
Resources to the Central Courthouse Management Group for safety
and health programs. The conference agreement does not adopt
Senate language regarding increases to the base, except those
specifically addressed below, or the transfer of Justice
Prisoner and Alien Transportation System funding from this
account to the Detention Trustee. The conference agreement
includes $500,000 for Special Operations Group training,
equipment, and facilities maintenance and $583,000 for
permanent changes of station. The latter two items should be
treated as permanent increases to the base. The conference
agreement does not include Senate language or funding levels
referencing courthouse security personnel, terrorism or radios,
or House language and funding levels regarding District of
Columbia revitalization. The conference agreement includes
language providing not to exceed 4,128 positions and 3,993 full
time equivalents for the Marshals Service as proposed by the
House. The Senate did not include a similar provision.
Overseas Assignments.--The conferees are aware that the
U.S. Marshals Service has established a number of foreign
offices in U.S. embassies without Congressional approval, using
extended temporary duty assignments to circumvent the
relocation report process. Therefore, the conferees direct the
Justice Management Division to report by November 30, 2001, to
the Committees on Appropriations regarding the locations and
purposes of all Marshals overseas assignments of greater than
30 days for the previous five years. The Department is directed
to terminate all Marshals overseas operations that should have
been included in the relocation report. Finally, none of the
funds appropriated or otherwise made available by this Act may
be used for Marshals overseas temporary duty assignments of
greater than 30 days without the approval of the Committees on
Appropriations.
Financial Management.--The conferees are concerned that,
even with a reformed budget execution process, a small budget
shortfall in the Marshals Service at the beginning of the year
was left unaddressed until well into the fourth quarter,
despite sharp prompting from the Committees on Appropriations.
Therefore, the conferees direct the Marshals Service to submit,
through the Justice Management Division, within 30 days of the
date of enactment of this Act, an overall agency spending plan
for the full amount appropriated for fiscal year 2002.
Special Assignments.--The conferees are concerned that
special assignment funds, provided for contingencies, are being
used to subsidize base activities. This misuse of emergency
funding threatens to undermine the budget execution process.
Therefore, the conferees direct that management of all
operations associated with the New York City and East Africa
bombing trials, including protective details, be returned to
the Southern District of New York, that all costs associated
with these operations be budgeted out of base funds, and that a
multi-agency security review of these operations be undertaken
immediately. This review shall be provided to the Committees on
Appropriations when completed. In addition, the conferees
direct that, within two weeks of the date of enactment of this
Act, the Marshals shall identify to the Committees on
Appropriations the total amount available for special
assignments in fiscal year 2002. Thereafter, obligations of
special assignment funds shall require the notification of the
Committees on Appropriations.
Fugitive Apprehensions.--The conference agreement
provides increases of $3,150,000 for Electronic Surveillance
Unit personnel and equipment and $5,825,000 for the
establishment of dedicated fugitive task forces on both coasts
as proposed by the Senate.
Courthouse Security Staffing and Prisoner
Transportation.--The total amount of funding provided also
includes increases of $3,625,000 for courthouse security
personnel for existing and new courthouses, and $1,451,000 for
prisoner transportation.
Courthouse Security Equipment.--The conference agreement
includes a new appropriation for the USMS, ``courthouse
security equipment,'' as proposed by the Senate. The House did
not include a similar provision. The conference agreement
includes $14,267,000 for these activities, instead of
$5,769,000 as proposed by the House under USMS salaries and
expenses and $18,145,000 as proposed by the Senate. Funding for
courthouse security equipment is provided as follows:
USMS courthouse security equipment
[In thousands of dollars]
Detainee Facilities........................................... $13,069
Fort Smith, AR............................................ 200
Denver, CO................................................ 1,090
Washington, DC............................................ 75
Jacksonville, FL.......................................... 1,065
Dublin, GA................................................ 432
Moscow, ID................................................ 50
Bowling Green, KY......................................... 330
Bay City, MI.............................................. 175
Detroit, MI............................................... 450
Cape Girardeau, MO........................................ 75
East St. Louis, MO........................................ 10
Greenville, MS............................................ 645
Gulfport, MS.............................................. 540
Hattiesburg, MS........................................... 590
Oxford, MS................................................ 1,095
Newark, NJ................................................ 300
Columbus, OH.............................................. 300
Muskogee, OK.............................................. 920
Aiken, SC................................................. 220
Florence, SC.............................................. 321
Spartanburg, SC........................................... 555
Columbia, TN.............................................. 195
Amarillo, TX.............................................. 450
Houston, TX............................................... 1,063
Laredo, TX................................................ 700
Waco, TX.................................................. 423
Cheyenne, WY.............................................. 800
--------------------------------------------------------------
____________________________________________________
Subtotal, Detainee Facilities........................... 13,069
Minor Repair.................................................. 375
Engineering Services.......................................... 643
Security Survey............................................... 180
--------------------------------------------------------------
____________________________________________________
Total, USMS Security Equipment.......................... 14,267
CONSTRUCTION
The conference agreement includes $15,000,000 for the
USMS construction account, instead of $6,628,000 as proposed by
the House and $25,812,000 as proposed by the Senate. The
conference agreement includes the following distribution of
funds:
USMS Construction
Detainee Facilities: [In thousands of dollars]
Construction:
Hot Springs, AR....................................... $1,328
Prescott, AZ.......................................... 550
Grand Junction, CO.................................... 450
Davenport, IA......................................... 856
Sioux City, IA........................................ 100
Moscow, ID............................................ 200
Rock Island, IL....................................... 1,250
Rockford, IL.......................................... 24
Springfield, IL....................................... 85
Bay City, MI.......................................... 685
Flint, MI............................................. 248
Natchez, MS........................................... 1,000
Billings, MT.......................................... 850
Raleigh, NC........................................... 2,446
Sante Fe, NM.......................................... 500
New York, NY (40 Foley)............................... 250
Columbus, OH.......................................... 1,000
Dayton, OH............................................ 150
Muskogee, OK.......................................... 280
Sioux Falls, SD....................................... 680
Cheyenne, WY.......................................... 200
--------------------------------------------------------------
____________________________________________________
Subtotal, Construction............................ 13,132
Planning, Design & Relocation:
El Dorado, AR......................................... 100
Fayetteville, AR...................................... 100
El Centro, CA......................................... 32
Ocala, FL............................................. 475
Billings, MT.......................................... 200
Wilmington, NC........................................ 125
Columbia, SC.......................................... 46
Casper, WY............................................ 100
--------------------------------------------------------------
____________________________________________________
Subtotal, Planning, Design & Relocation........... 1,178
Security Specialists/Construction Engineers................... 690
--------------------------------------------------------------
____________________________________________________
Subtotal, Construction............................ $15,000
JUSTICE PRISONER AND ALIEN TRANSPORTATION SYSTEM FUND
The conference agreement does not include funding for the
USMS Justice Prisoner and Alien Transportation System account,
as proposed by the House, instead of $53,050,000 as proposed by
the Senate.
FEDERAL PRISONER DETENTION
The conference agreement provides $706,182,000 for
Federal Prisoner Detention, instead of $724,682,000 as proposed
by the House and $687,682,000 as proposed by the Senate. This
is an increase of $110,094,000, or 18 percent, over the fiscal
year 2001 appropriation. The Department should notify the
Committees on Appropriations by the end of the second quarter
regarding the status of obligations in this account.
FEES AND EXPENSES OF WITNESSES
The conference agreement includes $156,145,000 for Fees
and Expenses of Witnesses as proposed by the Senate, instead of
$148,494,000 as proposed by the House.
SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE
The conference agreement includes $9,269,000 for the
Community Relations Service, as proposed by both the House and
Senate.
The conference agreement includes a provision allowing
the Attorney General to transfer up to $1,000,000 to this
program, as proposed by the House and Senate. The Attorney
General is expected to notify the Committees if this transfer
authority is exercised. In addition, a provision is included
allowing the Attorney General to transfer additional resources,
subject to reprogramming requirements, upon a determination
that emergent circumstances warrant additional funding, as
proposed by the House.
ASSETS FORFEITURE FUND
The conference agreement provides $22,949,000 for the
Assets Forfeiture Fund as proposed by Senate, instead of
$21,949,000 as proposed by the House.
Radiation Exposure Compensation
ADMINISTRATIVE EXPENSES
The conference agreement includes $1,996,000 for
administrative expenses for the Radiation Exposure Compensation
Act, as proposed by the House and Senate.
PAYMENT TO THE RADIATION EXPOSURE COMPENSATION TRUST FUND
The conference agreement does not include funding to make
payment to the Radiation Exposure Compensation Trust Fund,
instead of $10,776,000 as proposed by the House and Senate.
The conferees believe that the Federal government must
meet its obligations to persons, and their families, who were
exposed to radiation and who now suffer from related diseases.
The conferees note that the compensation payments are based on
claimants meeting eligibility criteria and therefore should be
scored or treated as mandatory payments under the Budget Act.
Such payments were assumed in the fiscal year 2002
congressional budget resolution to be scored as mandatory with
enactment of appropriate legislation starting in fiscal year
2002. Supplemental appropriations were provided for fiscal year
2001 with the understanding and expectation that future funding
for this purpose would be mandatory and that further
discretionary appropriations would not be necessary.
Interagency Law Enforcement
INTERAGENCY CRIME AND DRUG ENFORCEMENT
The conference agreement provides $338,577,000 for
Interagency Crime and Drug Enforcement, instead of $340,189,000
as proposed by the House and $336,966,000 as proposed by the
Senate. Of the amounts provided, $500,000 shall be made
available to equip the Federal gun range replacing the closed
range at Rocky Flats, Colorado, for use by Federal, state and
local law enforcement. The conferees adopt by reference the
Senate language regarding the Immigration and Naturalization
Service 25 percent matching requirement. The distribution of
the total available funding, which reflects a permanent
reprogramming of $450,000 from the Tax Division to the Criminal
Division, is as follows:
Reimbursements by agency
[In thousands of dollars]
Drug Enforcement Administration............................... $111,422
Federal Bureau of Investigation............................... 115,444
Immigration and Naturalization Service........................ 15,987
Marshals Service.............................................. 2,049
U.S. Attorneys................................................ 89,623
Criminal Division............................................. 1,328
Tax Division.................................................. 964
Administrative Office......................................... 1,760
--------------------------------------------------------------
____________________________________________________
Total................................................... 338,577
Federal Bureau of Investigation
SALARIES AND EXPENSES
The conference agreement includes a total of
$3,491,073,000 in new budget authority for the Salaries and
Expenses account of the Federal Bureau of Investigation (FBI)
as proposed by the House, instead of $3,425,041,000 as proposed
by the Senate. Of this amount, not less than $459,243,000 shall
be used for counterterrorism investigations, foreign
counterintelligence, and other activities related to national
security, instead of $448,467,000 as proposed by the House and
$485,278,000 as proposed by the Senate.
The conference agreement includes an increase of
$122,119,000 for inflationary increases and other adjustments
to base to support the FBI's current staffing and operating
level as reflected in the budget request. The conference
agreement does not adopt the new budget structure proposed by
the Senate.
The conference agreement also includes programmatic
increases of $140,472,000. The FBI is reminded that changes in
this distribution are subject to the reprogramming requirements
in section 605 of this Act.
FBI SALARIES AND EXPENSES
[In thousands of dollars]
------------------------------------------------------------------------
Activity Positions FTE Amount
------------------------------------------------------------------------
Criminal, Security and Other
Investigations:
Organized Criminal Activities 3,778 3,787 $467,246
White Collar Crime........... 4,164 4,068 501,066
Other Field Programs......... 10,362 10,130 1,442,277
--------------------------------------
Subtotal................... 18,304 17,985 2,410,589
======================================
Law Enforcement Support:
Training, Recruitment, and 1,014 985 124,383
Applicants..................
Forensic Services............ 730 697 156,853
Information, Management, 553 554 213,603
Automation &
Telecommunications..........
Technical Field Support & 263 244 164,510
Services....................
Criminal Justice Services.... 2,010 2,021 210,354
--------------------------------------
Subtotal................... 4,570 4,501 869,703
======================================
Program Direction: Management and 2,061 2,002 210,781
Administration..................
Total, Direct 24,935 24,488 $3,491,073
Appropriations............
------------------------------------------------------------------------
The conference agreement adopts by reference House
language and funding levels for counterintelligence, the 2002
Winter Olympics, the Incident Response Readiness Program, and a
comprehensive information technology report, and the Senate
language and funding levels regarding technically-trained agent
and electronic technician training, Computer Analysis Response
Team training, Evidence Response Team supplies, interception
capabilities, counter-encryption equipment, white-collar crime
computer equipment, forensic research, the forensic audio/video
program, regional mitochondrial DNA lab oversight, the National
Instant Background Check System, and drug jurisdiction. The
conference agreement does not include language or funding
levels in the Senate report regarding regional computer
forensic labs, regional mitchondrial DNA labs, the Violent
Criminal Apprehension Program, or end strength. The conference
agreement also adopts by reference the House and Senate report
language regarding the Jewelry and Gem program.
Trafficking in Persons.--The conferees expect the FBI to
continue its support of the Southeast European Cooperative
Initiative with regard to its efforts to combat trafficking in
women and children.
Trilogy.--The conference agreement includes a total of
$142,390,000 for Trilogy, of which $74,730,000 is base funding,
$29,565,000 is derived from a Working Capital Fund transfer,
and $38,095,000 is provided in new direct appropriations.
Quantico Laboratory.--The conference agreement provides a
total of $36,602,000 for laboratory activation, including a
transfer of $24,837,000 from the Working Capital Fund for
laboratory equipment and $11,765,000 for moving costs, fit out,
and operations and maintenance. If prior year recoveries or
other funds become available, the FBI should seek a
reprogramming to initiate decommissioning and renovation of
former lab space in the J. Edgar Hoover Building.
The conference agreement directs the FBI to fully
reimburse private ambulance providers for their costs in
support of Hostage Rescue Team operations in St. Martin Parish,
Louisiana, in December 1999, as proposed by the Senate. The
House did not include a similar provision.
The conference agreement includes language limiting the
FBI to not exceed 24,935 positions and 24,488 full time
equivalents, as proposed by the House. The Senate did not
include a similar provision. The conference agreement also
includes a provision that provides for up to 1,354 passenger
motor vehicles, of which 1,190 will be for replacement only, as
proposed by the Senate, instead of 1,236 and 1,142,
respectively, as proposed by the House.
construction
The conference agreement includes $33,791,000 for
construction for the FBI, instead of $1,250,000 as requested
and proposed by the House and $44,074,000 as proposed by the
Senate. This includes funding for an annex at the Engineering
Research Facility that will support consolidation of various
high technology programs on the FBI Academy campus in Quantico,
Virginia.
Hazardous Devices School.--The conferees recognize the
FBI's mission to prevent and detect terrorist activities and
understand the importance preparedness plays in achieving this
mission, particularly as it relates to Weapons of Mass
Destruction (WMD). An essential element of an effective U.S.
response to WMD incidents rests with first responders,
including public safety bomb squads. All state and local bomb
technicians are trained and certified at the Hazardous Devices
School (HDS) at the Redstone Arsenal in Huntsville, Alabama,
which is operated jointly by the FBI and the U.S. Army. The
conferees approve of the transfer of $9,000,000 in no year
funds from the Department of Defense to the FBI for the
construction of practical training villages for the HDS. These
villages will be used for realistic training exercises.
Further, the conferees support the transfer from DOD of an
additional $14,000,000 in no year funds to be used by the FBI
for the construction of a classroom building at the HDS.
Drug Enforcement Administration
SALARIES AND EXPENSES
The conference agreement includes $1,481,783,000 for the
Drug Enforcement Administration (DEA) Salaries and Expenses
account, instead of $1,476,083,000 as proposed by the House and
$1,489,779,000 as proposed by the Senate.
Budget and Financial Management.--The conference
agreement adopts by reference the language included in the
Senate report regarding budget and financial management. The
conference agreement includes bill language, as proposed by the
House, providing not to exceed 7,654 positions and 7,515 full
time equivalents for DEA from funds provided in this Act. The
Senate did not include a similar provision. The conference
agreement also includes bill language, as proposed by the
Senate, to provide two year funding authority for costs
associated with permanent change of station. The House bill did
not include a similar provision.
The following table represents funding provided under
this account:
DEA SALARIES AND EXPENSES
[In thousands of dollars]
------------------------------------------------------------------------
Activity Positions FTE Amount
------------------------------------------------------------------------
Enforcement:
Domestic Enforcement......... 2,091 2,042 $435,183
Foreign Cooperative 633 600 193,275
Investigations..............
Drug and Chemical Diversion.. 165 166 18,961
State and Local Task Forces.. 1,699 1,696 244,385
--------------------------------------
Subtotal................... 4,804 4,504 891,804
======================================
Investigative Support:
Intelligence................. 952 967 120,237
Laboratory Services.......... 452 415 60,674
Training..................... 99 98 24,754
Research, Engineering and 582 565 121,270
Technical Operations........
Automated Data Processing.... 125 0 159,044
--------------------------------------
Subtotal................... 2,210 2,045 $485,979
======================================
Management and Administration.... 850 841 104,000
======================================
TOTAL, DEA................. 7,654 7,515 1,481,783
------------------------------------------------------------------------
DEA is reminded that any deviation from the above
distribution is subject to the reprogramming requirements of
section 605 of this Act.
The conference agreement provides a net increase of
$68,213,000 for base adjustments as follows: increases totaling
$73,532,000 for pay and other inflationary costs to maintain
current operations, offset by a $5,319,000 reduction for GSA
rent decreases. In addition, the conference agreement includes
program increases totaling $53,260,000 as follows:
Special Operations Division.--The conference agreement
includes increases totaling $14,006,000 for drug enforcement
investigations of the Special Operations Division, including
$8,223,000 for domestic enforcement, $242,000 for intelligence,
$164,000 for management and administration and drug and
chemical conversion, and $5,377,000 for research, engineering,
and technical operations.
FIREBIRD Implementation.--The conference agreement
includes an increase of $19,400,000 for FIREBIRD
implementation, including increases of $2,500,000 for
deployment, $1,900,000 for network security, and $15,000,000
for technology renewal. DEA is directed to continue to provide
quarterly FIREBIRD status and obligation reports to the
Committees on Appropriations.
Forensic Support.--The conference agreement includes an
increase of $13,104,000, as provided by both the House and
Senate, to support additional chemists and purchase laboratory
equipment. The conference agreement adopts by reference House
language regarding distribution of this funding.
In addition, $6,750,000 is provided to procure one twin
engine medium lift helicopter to meet enforcement needs in
Hawaii, and one single engine light aircraft helicopter for
drug enforcement activities elsewhere. The conferees adopt by
reference House and Senate language regarding the Caribbean
Initiative, High Intensity Drug Trafficking Areas, heroin,
OxyContin, MDMA, methamphetamines, and Special Investigative
Units.
In addition, the conference agreement includes a total of
$20,000,000 under the Community Oriented Policing Services
Methamphetamine/Drug ``Hot Spots'' program for DEA to assist
State and local law enforcement agencies with the costs
associated with methamphetamine clean up.
Drug Diversion Control Fee Account.--The conference
agreement includes total funding of $86,021,000 for DEA's Drug
Diversion Control Program for fiscal year 2002, of which
$67,000,000 is from new diversion fee collections and
$19,021,000 is from prior year collections. The conference
agreement assumes that the level of balances in the Fee Account
is sufficient to fully support diversion control programs in
fiscal year 2002.
Immigration and Naturalization Service
SALARIES AND EXPENSES
The conference agreement includes $3,371,440,000 for the
salaries and expenses of the Immigration and Naturalization
Service (INS) as proposed by the House, instead of
$3,176,037,000 as proposed by the Senate. In addition to the
amounts appropriated, the conference agreement assumes that
$2,142,926,000 will be available from offsetting fee
collections, instead of $2,140,610,000 as proposed by the House
and $2,058,723,000 as proposed by the Senate. Thus, including
resources provided under the Construction account, the
conference agreement provides a total operating level of
$5,642,820,000 for the INS, instead of $5,640,504,000 as
proposed by the House and $5,506,299,000 as proposed by the
Senate. This funding level is an increase of $841,332,000, or
18 percent, over fiscal year 2001.
INS Organization and Management.--Consistent with the
concept of separating immigration enforcement from services,
the conference agreement continues to use, as in the last three
fiscal years, two accounts, as requested by the President and
proposed in the House bill: Enforcement and Border Affairs, and
Citizenship and Benefits, Immigration Support and Program
Direction. INS enforcement funds are provided in the
Enforcement and Border Affairs account. All immigration-related
benefits and naturalization, support, and program resources are
provided in the Citizenship and Benefits, Immigration Support
and Program Direction account. Neither account includes
revenues generated in various fee accounts to fund program
activities for both enforcement and services functions, which
are in addition to the appropriated funds and are discussed
below. Funds for INS construction projects continue to be
provided in the INS construction account.
The conference agreement includes bill language which
provides authority for the Attorney General to transfer funds
from one account to another in order to ensure that funds are
properly aligned. Such transfers may occur notwithstanding any
transfer limitations imposed under this Act, but such transfers
are still subject to the reprogramming requirements under
Section 605 of this Act. It is expected that any request for
transfer of funds will remain within the activities under those
headings.
A cap on overtime of $30,000 per employee per calendar
year has been in place the last several years in order to help
the INS maintain control over its budget. The conference
agreement maintains this limit as provided in the House bill,
but provides the INS Commissioner the flexibility to exceed the
cap as necessary for national security purposes and in cases of
immigration emergencies. The Senate bill limited overtime to
$1,153 per employee per pay period. The INS is directed to
submit to the Committees on Appropriations quarterly reports on
overtime expenditures by employee, activity and district. It is
expected that funding provided in this act for 570 additional
Border Patrol agents, 348 additional land border inspectors,
new airport and seaport inspectors funded by the fee increases,
as well as additional agents and inspectors that may be funded
in other Appropriations Acts during this fiscal year, will
reduce the need for overtime beyond $30,000 per employee for
the calendar year.
The conference agreement includes a provision limiting
the number of non-career personnel appointments at the INS to
six positions, instead of a limit of four positions as proposed
by the House and no limit as proposed by the Senate. This level
represents an increase of 50 percent above the current ceiling
for non-career appointments at INS. The conferees expect the
Commissioner to use this increased authority to hire qualified
personnel with management and information technology expertise
who can contribute to the goal of fundamental INS reform. The
conferees will consider a request for additional non-career
hiring authority or other personnel authority options above
this ceiling during the fiscal year 2003 budget process. The
conferees expect that a detailed proposal outlining both the
need for such additional authorities and how they relate to
proposed INS restructuring and management reforms, to be
coordinated with the Department of Justice, the Office of
Personnel Management, and the Office of Management and Budget,
will accompany the INS fiscal year 2003 budget submission.
The conference agreement also modifies language from the
House bill to provide that when positions become vacant in the
Offices of Legislative Affairs and Public Affairs, at least ten
of these positions be filled with detailees, transfers, or
other non-permanent staff, with the goal of rotating staff who
have experience in INS field operations through these offices.
The Senate bill included a different version of this provision.
Base adjustments.--The conference agreement provides a
total increase of $80,110,000 and 429 full time equivalents for
inflationary cost increases and adjustments to base for INS
salaries and expenses. The conference agreement does not
include transfers to the Exams Fees account or the Breached
Bond/Detention account as proposed by the Senate.
enforcement and border affairs
The conference agreement provides $2,739,695,000 for this
account, instead of $2,738,517,000 as proposed by the House.
The Senate did not provide separate funding for this account.
This amount includes an increase of $74,911,000 and 417 full
timeequivalents for pay and inflationary adjustments for Border
Patrol, Investigations, Detention and Deportation, and Intelligence, as
requested. None of these amounts include offsetting fees, which are
used to fund both enforcement and services functions. The INS is
directed to notify the Committees on Appropriations regarding the
assignment of all new border patrol agents and inspectors provided for
in this Act as well as any other Appropriations Acts that may be
enacted during fiscal year 2002.
Border Control and Management.--The conference agreement
includes increases of $123,331,000 for border control and
management, as follows:
Land Border Inspectors.--The conference agreement
includes an increase of $25,408,000 for 348 new land border
ports-of-entry inspectors as proposed by the Senate. The House
did not include a similar provision. The INS is expected to
assign these new inspectors to the highest priority locations,
paying particular attention to the Northern Border.
Border Patrol Agents.--The conference agreement includes
an increase of $66,352,000 to hire 570 additional border patrol
agents, as proposed by the House, instead of $75,000,000 as
proposed by the Senate. Senate language regarding assignment of
border patrol agents is adopted by reference. In addition, an
increase of $2,076,000 is provided for new border patrol
vehicles, instead of the funding level referenced by the
Senate. The House did not include a similar provision. The
conferees understand that the INS spent about $100,000,000 to
acquire 2,762 replacement and enhancement vehicles in fiscal
year 2001 using base funds, enhancement funds, and recoveries.
Detention and Removals.--The conference agreement also
includes increases of $20,823,000 for consolidated bed space
expansion needs, instead of $39,388,000 as proposed by the
House and no funding as proposed by the Senate. This amount
includes an increase of $10,154,000 for additional detention
staff, support staff and removal costs; an increase of
$1,873,000 for detainee transportation vehicles; and an
increase of $8,796,000 for Joint Prisoner and Alien
Transportation System (JPATS) requirements to support
additional domestic and repatriation movements. The conference
agreement does not include the proposed transfer of funds from
INS to the JPATS Fund for this activity, which was recommended
by the Senate. In addition, the conference agreement also
includes an increase of $8,672,000 as proposed by the House for
detainee medical costs. The Senate did not include a similar
provision.
Interior Enforcement.--The conference agreement also
includes funding as necessary to support an additional Quick
Response Team (QRT) for New Jersey, if merited. The INS is
directed to consult with the Committees on Appropriations
regarding the status of its interior enforcement effort. The
conference agreement does not adopt Senate language regarding
QRTs.
Border Patrol Equipment and Technology.--The conference
agreement adopts by reference the Senate report language and
funding levels regarding the Integrated Surveillance
Intelligence System systems engineering, and the House language
regarding border patrol equipment.
IDENT/IAFIS.--The conference agreement provides a
transfer of $9,000,000 from the Working Capital Fund to the
Department of Justice General Administration account to provide
for the continued integration of the INS and FBI fingerprint
identification systems. This amount reflects a current estimate
of the funding need as provided to the Committees on
Appropriations by the Department of Justice.
In addition, the conferees adopt by reference House
language regarding enforcement of section 212 of the
Immigration and Nationality Act. The Senate did not include a
similar provision. Further, the INS is directed to ensure that
it does not allow any aliens to enter the United States who
have been involved in the illegal harvesting of human organs.
The conference agreement adopts by reference House
language regarding the Tucson Sector. The conference agreement
does not include language on basic training costs as proposed
by the Senate. The House did not address this matter.
citizenship and benefits, immigration support and program direction
The conference agreement provides $631,745,000 for this
account, instead of $632,923,000 as proposed by the House. The
Senate did not provide separate funding for this account. This
amount includes an increase of $5,199,000 and 12 full time
equivalents for pay and inflationary adjustments for the
activities of Citizenship and Benefits, Immigration Support,
and Management and Administration, as requested. None of these
amounts include offsetting fees, which are used to fund both
enforcement and services functions.
Immigration Services.--The conference agreement includes
an increase of $45,000,000, as requested and proposed by the
House, to support naturalization and other benefits processing
backlog reduction activities. The Senate did not include a
similar provision. This amount, when combined with $35,000,000
in base funding and $20,000,000 in fees, will provide
$100,000,000 toward reaching a universal six-month processing
standard for all immigration applications and petitions. The
conference agreement does not include Senate language that
transferred $67,000,000 to the Immigration Service and
Infrastructure Account. The House did not address this matter.
In addition, an increase of $1,000,000 is provided for
legal orientation programs, instead of $2,800,000 as proposed
by the Senate, and an increase of $3,000,000 is provided for
alternatives to detention, instead of $7,300,000 as proposed by
the Senate. The House did not include similar provisions.
Further, the conferees adopt by reference Senate
direction to provide $5,500,000 to the Eastern Adjudication
Service Center to process immigration self-petitions and U
visas under the Violence Against Women Act, and T visas under
the Victims of Trafficking and Violence Protection Act, and
agree that of this amount, $500,000 shall be for the Eastern
Adjudication Center as directed by the Senate. The House did
not contain a similar provision.
The Committees continue to be concerned about the
problems of backlogs in application processing and casework,
and deficiencies in other services. In the fiscal year 2001
conference report, the INS was directed to conduct a complete
review of staffing and resource needs to improve benefits and
services in all current INS offices, as well as the need for
additional offices, particularly in rural areas. The Committees
have yet to receive this review. Therefore, the INS is directed
to allocate additional staffing and upgrade offices as
necessary for the following areas: Roanoke, Virginia; Omaha,
Nebraska; Nashville, Tennessee, as described in the Senate
report; Paterson, New Jersey; the Bronx, New York; Las Vegas,
Nevada, as described in the Senate report; and the other
locations mentioned in the fiscal year 2001 conference report.
In addition to identical provisions included by both the
House and Senate, the conference agreement includes the
following provisions: (1) a limit of 3,165 passenger motor
vehicles, of which 2,211 are for replacement only, as proposed
by the House, instead of the Senate proposed limit; (2) a
prohibition on the use of funds to operate the San Clemente and
Temecula traffic checkpoints unless certain conditions are met,
as proposed in the House bill; (3) a provision, as proposed by
the House, to make available $5,000 for official reception and
representation expenses; and (4) a provision, as proposed by
the House, to permit the INS to equip, maintain, and make
infrastructure improvements and purchase vehicles for police
type use within the Enforcement and Border Affairs account.
OFFSETTING FEE COLLECTIONS
The conference agreement assumes $2,142,926,000 will be
available from offsetting fee collections, instead of
$2,140,610,000 as proposed by the House and $2,058,723,000 as
proposed by the Senate, to support activities related to the
legal admission of persons into the United States. These
activities are funded entirely by fees paid by persons who are
either traveling internationally or who are applying for
immigration benefits. The following levels are recommended:
Immigration Inspections User Fees.--The conference
agreement includes $591,866,000 of spending from offsetting
collections in this account, the same amount requested and
proposed by the House, instead of $656,648,000 as proposed by
the Senate. This amount represents a $97,482,000 increase over
fiscal year 2001 spending, including $20,991,000 for
adjustments to base, the full amount requested. The amount also
assumes an increase from $6 to $7 for the current airline
passenger immigration inspection user fee, and $3 for a new
immigration inspection cruise ship passenger fee. The conferees
adopt by reference Senate language directing that not less than
nine percent of fee collections in this account should be used
for technology infrastructure improvements. The House did not
address this matter.
The expected increase in fee collections will fund the
following safety, service and technology improvements at
airports: $19,927,000, 459 positions and 230 full time
equivalents to increase primary inspectors at new and existing
airport terminals, as well as at high growth terminals; and
$4,510,000, 60 positions and 30 full time equivalents for
additional Immigration Inspectors to expand INS/U.S. Customs
Service passenger analysis units at airports to analyze
traveler information in advance of plane arrivals in order to
identify inadmissible aliens, including criminal aliens, drug
traffickers, and terrorists. This funding level will also
enable the INS to invest at least $14,370,000 in its automated
entry/exit system that tracks alien arrivals and departures at
airports. This funding level will also fund at least $6,425,000
for upgrades to the National Automated Inspection Lookout
System (NAILS), and for additional Live Scan Devices that can
send electronic fingerprint submissions to the FBI's Integrated
Automated Fingerprint Identification System (IAFIS). The
funding level will also provide an additional $6,512,000 for
additional Detention Enforcement Officers, Deportation
Officers, and docket clerks, and 200 additional detention beds.
In addition, this level will fund the following safety,
service and technology improvements at seaports: $4,153,000, 54
positions and 27 full time equivalents for new immigration
inspectors at newly activated seaport terminals and current
understaffed terminals; $2,273,000, 20 positions and 10 full
time equivalents for joint INS/U.S. Customs units to analyze
traveler information in advance of ship arrivals; and
$5,545,000 for the automated entry/exit system and upgrades to
the NAILS system. The INS is directed to ensure that it
allocates funding for base activities, e.g. salaries and
expenses, before it undertakes any enhancement activities. The
INS shall report to the Committees on Appropriations as
necessary should fee revenues decline more than five percent
from October projections. Further, should additional fees
become available, the INS may submit a reprogramming in
accordance with section 605 of this Act.
Immigration Examinations Fees.--The conference agreement
includes a total of $1,376,871,000 to support the adjudication
of applications for immigration benefits, the amount requested
and proposed by the House, instead of $1,258,088,000 as
proposed by the Senate. These funds are derived from offsetting
collections from persons applying for immigration benefits,
including collections from the premium-processing fee, and are
in addition to $80,000,000 in new and continued direct
appropriations provided under the Citizenship and Benefits,
Immigration Support, and Program Direction account to eliminate
the backlog in applications. The conference agreement reflects
INS' revised revenue estimates for collections from existing
fees, which is $118,783,000 higher than the amount assumed in
the budget request and $407,020,000 above the amount available
in fiscal year 2001. The conference agreement does not adopt
the transfer of $127,834,000 from Examinations Fees funding to
the Executive Office of Immigration Review or the transfer of
$147,602,000 in activities from the Salaries and Expenses
account to the Examinations Fees account, which were proposed
by the Senate. The conference agreement adopts by reference
House report language regarding the telephone customer service
center and the indexing and conversion of INS microfilm images.
Within the Examinations Fees account, the conference
agreement provides $18,979,000 for adjustments to base as
requested.
Land Border Inspections Fees.--The conference agreement
includes $4,490,000 in spending from the Land Border Inspection
Fund, instead of $2,944,000 as proposed by the House and
$1,714,000 as proposed by the Senate. This amount reflects
revised estimates of collections. The revenues generated in
this account are from Dedicated Commuter Lanes in Blaine and
Port Roberts, Washington; Detroit Tunnel and Ambassador Bridge,
Michigan; and Otay Mesa, California, as well as from Automated
Permit Ports that provide pre-screened local border residents
with border crossing privileges by means of automated
inspections. The conference agreement adopts the Senate
provision, which provides that the Attorney General may expand
from 6 to 96 the number of ports of entry qualifying to
participate in a fee pilot. The House did not address this
matter.
Immigration Breached Bond/Detention Fund.--The conference
agreement includes $120,763,000 in spending from the Breached
Bond/Detention Fund as proposed by the Senate, instead of
$139,935,000 as proposed by the House. The conference agreement
does not assume the reinstatement of section 245(i) of the
Immigration and Nationality Act, which was proposed by the
Senate. The conference agreement provides a $40,000,000
increase, as requested, to fund 1,407 additional detention
beds, and $1,483,000 to fund vehicles to transport detainees.
The agreement does not include the base transfer to the
Breached Bond/Detention Fund account, as proposed in the Senate
report.
Immigration Enforcement Fines.--The conference agreement
includes $22,664,000 in spending from Immigration Enforcement
fines, instead of $12,994,000 as proposed by the House and
$5,510,000 as proposed by the Senate. This level reflects the
current estimate of revenues available in this account for
fiscal year 2002.
H-1B Fees.--The conference agreement includes $26,272,000
in spending from the H-1B Fee account, instead of $16,000,000
proposed by both the House and the Senate. This level reflects
the current estimate of revenues available in this account for
fiscal year 2002.
CONSTRUCTION
The conference agreement includes $128,454,000 for
construction for INS as proposed by the House, instead of
$205,015,000 as proposed by the Senate. This amount fully funds
the Administration's request as proposed in the budget
submission. This funding level does not include the Senate
proposal to transfer funding from the Bureau of Prisons
buildings and facilities account to the INS construction
account, the Senate proposal to allow the INS to purchase
construction vehicles, or the Senate proposal to comply with
Occupational Safety and Health Administration programs.
The conference agreement includes language, as proposed
by the House and carried in prior Appropriations Acts,
prohibiting funds from being used for site acquisition, design,
or construction of a checkpoint in the Tucson Sector. The
Senate did not include a similar provision.
Federal Prison System
SALARIES AND EXPENSES
The conference agreement includes $3,808,600,000 for the
salaries and expenses of the Federal Prison System, instead of
$3,830,971,000 as proposed by the House and $3,786,228,000 as
proposed by the Senate. This funding level is an increase of
$308,428,000 above the fiscal year 2001 amount. The conferees
note that the Bureau of Prisons submitted a reprogramming on
September 27, 2001, for $37,963,000 to meet increased utility
costs incurred during fiscal year 2001.
Activation of New Prisons.--The conference agreement
includes an increase of $72,752,000 to activate a new medium
security facility in Petersburg, Virginia and a high security
facility in Lee County, Virginia.
Equipment Funding.--The conference agreement also
includes an increase of $9,100,000 for equipment funding the
United States Prison in Canaan, Pennsylvania, and the Federal
Corrections Institute in Glenville, West Virginia.
Contract Confinement.--The conference agreement includes
an increase of $47,443,000 to fund an additional 1,500 contract
beds to accommodate the increasing number of criminal aliens
and to support 1,499 general contract inmate beds, including 85
juvenile beds.
The conference agreement provides that of the funding
provided, $11,554,000 is for activation of the Atwater,
California facility, and $13,323,000 is for the activation of
the facility at Honolulu, Hawaii. The conference adopts by
reference House language regarding drug treatment programs and
establishment of faith-based and other pilots, and Senate
language regarding a pilot internship at the prison at Yazoo
City, Mississippi, $1,000,000 for a sexual misconduct study,
and a feasibility study for Yazoo City, Mississippi. The
conference agreement does not include bill language proposed by
the Senate designating specific amounts for activation of
specific prisons. The House bill did not include such language.
BUILDINGS AND FACILITIES
The conference agreement includes $813,552,000 for
construction, modernization, maintenance, and repair of prison
and detention facilities housing Federal prisoners, as provided
by the House, instead of $899,797,000 as provided by the
Senate. The conference agreement does not include the proposed
transfer from BOP to the INS for construction of detainee
facilities as provided in the Senate bill. The conference
agreement does not include bill language designating specific
amounts for partial site and planning for a specific prison, as
proposed by the Senate. The conference agreement provides that
of the $650,047,000 provided for increases as outlined below,
$5,000,000 shall be for partial site and planning of the USP
Northeast/Mid-Atlantic facility, to be located in Berlin, New
Hampshire:
Facilities with prior funding:sands of dollars]
Western/USP California.................................... $147,000
Southeast/USP Coleman, FL................................. 133,000
Southeast/FCI South Carolina.............................. 106,000
Mid-Atlantic FCI.......................................... 91,047
INS Long-Term Detainee Capacity:
USP Western............................................... 11,500
FCI Butner, NC Medium..................................... 11,500
USP Terre Haute, IN....................................... 130,000
--------------------------------------------------------------
____________________________________________________
Subtotal, Projects with Prior Funding..................... 630,047
==============================================================
____________________________________________________
Facilities with no prior funding:
Female Facility in N. Florida............................. 5,000
Female Facility in N. Central Region...................... 5,000
Male Facility for FCI S. Central Region................... 5,000
Male Facility for USP NE/N Mid Atlantic................... 5,000
--------------------------------------------------------------
____________________________________________________
Subtotal, New Sentenced Capacity........................ 20,000
==============================================================
____________________________________________________
Total, New Construction Program Increases............... 650,047
Federal Prison Industries, Incorporated
(LIMITATION ON ADMINISTRATIVE EXPENSES)
The conference agreement includes a limitation on
administrative expenses of $3,429,000 for Federal Prison
Industries, Incorporated as proposed by both the House and the
Senate.
Office of Justice Programs
JUSTICE ASSISTANCE
The conference agreement includes $437,008,000 for
Justice Assistance, instead of $408,371,000 as proposed by the
House and $574,538,000 as proposed by the Senate. The
distribution of funding is as follows:
JUSTICE ASSISTANCE
[Dollars in thousands]
------------------------------------------------------------------------
Amount
------------------------------------------------------------------------
National Institute of Justice.............................. $54,879
Bureau of Justice Statistics............................... 32,335
Missing Children........................................... 22,997
Regional Information Sharing System........................ 28,278
White Collar Crime Information Center...................... 9,230
Management and Administration.............................. 37,795
Counterterrorism Programs.................................. 251,494
------------
Total................................................ 437,008
------------------------------------------------------------------------
National Institute of Justice (NIJ).--The conference
agreement provides $54,879,000 for NIJ. Within the total amount
provided to NIJ, the following initiatives should be funded at
least at the current levels:
National Law Enforcement and Corrections
Technology Center system, including $1,500,000 for the
Less than Lethal Technology for Law Enforcement
Program, $2,800,000 for the Office of Law Enforcement
Technology Commercialization, Inc., and $1,500,000 for
the Center for Rural Law Enforcement Technology and
Training;
Computerized identification systems;
Facial Recognition;
DNA Technology Research and Development;
and
High Intensity Drug Trafficking Areas.
The conference agreement provides $450,000 for Non-Toxic
Drug Detection and Identification Aerosol Technology;
$1,500,000 for the ``Breaking the Cycle'' Program in
Jacksonville, Florida and Lane County, Oregon; and $3,000,000
for a prison health research project at the University of
Connecticut.
The Office of Justice Programs is expected to review a
proposal for a grant to the Kitsap County Medical Examiner's
Office that will assist in the development of a new death
investigation module for the FBI ViCAP system and provide a
grant, if warranted.
The conferees understand that NIJ is currently evaluating
the operational utility of the SECURES gunshot detection system
in Austin, Texas. This evaluation is scheduled to be completed
by August 1, 2002. In the next phase of evaluations, NIJ is
expected to consider installing the SECURES gunshot detection
system in Richmond, Virginia; San Bernardino, California; and
Phoenix, Arizona.
Office of Victims of Crime.--The conference agreement
adopts by reference the Senate report language regarding the
Victim Assistance to Indian Country and Children's Justice Act
programs.
Missing Children.--The conference agreement includes
$22,997,000 for the Missing Children Program. Of this amount,
$11,450,000 is provided for the National Center for Missing and
Exploited Children (NCMEC), including $2,245,000 for the
CyberTipline and the Exploited Child Unit, and $2,700,000 for
the Jimmy Ryce Law Enforcement Training Center. The conferees
recommend that the NCMEC consult with I-Safe America to provide
nationwide Internet Safety Training in grades K-12.
Within the amounts provided, $6,500,000 is provided for
the Internet Crimes Against Children Task Force to form new
units to investigate and prevent child sexual exploitation,
which are based on the protocols for conducting investigations
involving the Internet and online service providers that have
been established by the Department of Justice and the NCMEC.
Management and Administration.--The conference agreement
provides $37,795,000 for the management and administration of
the Office of Justice Programs (OJP), instead of $43,491,000 as
proposed by the House and $42,797,000 as proposed by the
Senate. Funding is also provided from the ``Juvenile Justice''
and ``State and Local Law Enforcement Assistance'' accounts for
the administration of grants under these activities. If
additional management and administration funds are required, a
request for reprogramming or transfer of funds, pursuant to
Section 605 of this Act, should be submitted. OJP shall submit
to the Committees, by January 15, 2002, a spending plan for all
management and administration resources. This plan should
reflect all sources of funding, including those derived from
program accounts. Beginning with the fiscal year 2003 budget
submission, OJP shall identify all management and
administration resources in its budget submission, including
those derived from program accounts.
Counterterrorism Program.--The conference agreement
includes $251,494,000 for the counterterrorism program, instead
of $220,494,000 as proposed by the House and $373,800,000 as
proposed by the Senate.
The conferees recognize the selfless acts of our Nation's
first responders following the September 11, 2001, terrorist
attacks on the United States. They are truly our first line of
defense. The dedication, professionalism, and heroism of the
men and women who serve as police officers, fire fighters,
emergency medical personnel, and emergency managers, reflect
the true spirit of this great Nation. The conferees extend
their sincere gratitude on behalf of the nation to the fire
companies, State and local police departments, and rescue
squads who responded without hesitation to the emergencies in
New York, Virginia, and Pennsylvania. In their efforts to
rescue those in danger, some of these brave men and women made
the ultimate sacrifice. The conferees also note that untold
numbers of volunteers from States across the Nation also worked
shoulder to shoulder in the rescue efforts, and their
contributions in the face of this tragedy cannot be praised
enough.
The events of September 11 underscore how important it is
that this country's first responders have the proper equipment
and training in the event of another terrorist act. The
conferees recommend the following distribution of funding for
counterterrorism equipment grants, training, and research and
development programs:
COUNTERTERRORISM PROGRAM
[Dollars in thousands]
------------------------------------------------------------------------
Amount
------------------------------------------------------------------------
Equipment Grants:
State & Other Equipment Grant Program.................. $112,740
State & Local Bomb Technician Equipment Program........ 10,000
------------
Subtotal, Equipment Grants........................... 122,740
============
Training and Technical Assistance:
Integrated Training & Technical Assistance Program..... 35,485
Fort McClellan/Center for Domestic Preparedness........ 18,716
National Domestic Preparedness Consortium.............. 13,969
Virtual Medical Campus................................. 2,000
Website Pilot Program.................................. 2,000
------------
Subtotal, General Training and Assistance............ 72,170
============
Exercise, Evaluation, & Improved Response:
Situational Exercises.................................. 3,991
Nunn-Lugar-Domenici Improved Response Plans............ 2,600
TOPOFF II.............................................. 2,993
------------
Subtotal, Exercise, Evaluation, & Improved Response.. 9,584
============
Research and Development Program:
Research and Development program....................... 18,000
Dartmouth Institute.................................... 18,000
Oklahoma City National Memorial Institute.............. 4,000
New York Center on Catastrophe Preparedness and 7,000
Response..............................................
------------
Subtotal, Research and Development Program........... 47,000
============
Total, Counterterrorism Programs..................... 251,494
------------------------------------------------------------------------
The conferees continue the direction regarding the
distribution of general equipment grants only in accordance
with Statewide plans. The conferees understand that these plans
are currently being submitted to OJP.
The conferees are not convinced that sufficient attention
is being given to potential chemical and biological threats
nationally. Within available resources of the research and
development program, OJP should conduct a study, in conjunction
with George Mason University, to determine the feasibility for
the establishment of a national center for biodefense, which
would include the research, development, and production of
vaccines to combat biological terrorism.
The conference agreement includes $7,000,000 to support
counterterrorism activities of the Center on Catastrophe
Preparedness and Response at New York University (NYU). NYU
proposes to bring the expertise of its departments of
biomedical science, environmental health, medicine, public
health, dentistry, and nursing, among others, to bear on
counterterrorism studies. The conferees urge OJP to work with
the Center to assure that there is a sufficient focus on
chemical and biological threats.
The conferees are aware of the Joint Vulnerability
Assessment Tool that provides the Department of Defense with an
antiterrorism vulnerability assessment, riskmanagement, and
planning tool. OJP is directed to evaluate whether this program will be
beneficial to State and local first responders and emergency planners,
and fund its development if warranted.
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
The conference agreement includes $2,403,354,000 for the
State and Local Law Enforcement Assistance Program, instead of
$2,519,575,000 as proposed by the House and $2,094,990,000 as
proposed by the Senate. The conference agreement provides for
the following programs:
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
[Dollars in thousands]
------------------------------------------------------------------------
Amount
------------------------------------------------------------------------
Local Law Enforcement Block Grant.......................... $400,000
(Boys and Girls Club).................................. (70,000)
(National Institute of Justice)........................ (19,956)
State Criminal Alien Assistance Program.................... 565,000
Cooperative Agreement Program.............................. 20,000
Indian Assistance.......................................... 48,162
(Tribal Prison Construction Program)................... (35,191)
(Indian Tribal Courts Program)......................... (7,982)
(Alcohol and Substance Abuse).......................... (4,989)
Byrne Grants:
Discretionary Grants................................... 94,489
Formula Grants......................................... 500,000
------------
Total, Byrne Grants.................................. 594,489
Violence Against Women Grants.............................. 390,565
Victims of Trafficking Grants.............................. 10,000
State Prison Drug Treatment................................ 70,000
Drug Courts................................................ 50,000
Juvenile Crime Block Grant................................. 249,450
(Project ChildSafe).................................... (38,000)
Other Crime Control Programs:
Missing Alzheimer's Patients........................... 898
Law Enforcement Family Support......................... 1,497
Motor Vehicle Theft Prevention......................... 1,298
Senior Citizens Vs. Marketing Scams.................... 1,995
------------
Total, State and Local Assistance.................... 2,403,354
------------------------------------------------------------------------
Local Law Enforcement Block Grant.--The conference
agreement includes $400,000,000 for the Local Law Enforcement
Block Grant program as proposed by the Senate, instead of
$521,849,000 as proposed by the House. Within the amount
provided, the conference agreement includes $70,000,000 for the
Boys and Girls Clubs of America. The conferees expect the Boys
and Girls Clubs of America to use a portion of these funds to
carry out the Kids2000 Act (Public Law 106-313; 114 Stat.
1260).
Cooperative Agreement Program.--The conference agreement
includes $20,000,000 for the Cooperative Agreement Program,
instead of $35,000,000 as proposed by the House and Senate.
Currently, there is over $20,000,000 of unobligated balances
available for this program. The conferees are concerned over
the very high level of funding carried forward in the
Cooperative Agreement Program. This program is intended to
provide guaranteed State and local bed space for Federal
detainees in USMS and INS custody. The conferees direct that
the USMS, in consultation with INS, provide an implementation
plan for these resources no later than January 15, 2002. The
plan should include steps that USMS and INS intend to take to
ensure that funding is obligated and this bed space is
available.
Tribal Prison Construction.--The conference agreement
includes $35,191,000 for the prison construction program as
proposed by both the House and Senate. The conferees expect OJP
to examine each of the following proposals, provide grants if
warranted, and submit a report on its intentions for each
proposal: a NANA 28 bed jail for Kotzebue, Alaska; construction
of a detention facility within the Spirit Lake Nation;
construction of a detention facility for the Lower Brule Sioux
Tribe; construction of a detention facility for the Mississippi
Band of Choctaw Indians; and expansion of an adult detention
facility for the Gila River Indian reservation.
Edward Byrne Grants to States.--The conference agreement
includes $594,489,000 for the Edward Byrne Memorial State and
Local Law Enforcement Assistance Program, of which $94,489,000
is for discretionary grants and $500,000,000 is for formula
grants under this program. Within the amounts provided for
discretionary grants, OJP is expected to review the following
proposals, provide grants if warranted, and report to the
Committees on its intentions. In addition, up to 10 percent of
the funds provided for each program shall be made available for
an independent evaluation of that program.
$5,000,000 for the National Crime
Prevention Council's McGruff campaign;
$300,000 for the Women's Center, Vienna,
VA;
$250,000 for the DuPage County, IL Fire
Investigation Task Force for arson investigations;
$1,000,000 for the Julian Dixon Courtroom
and Advocacy Center at the Southwestern University
School of Law in Los Angeles, CA;
$1,000,000 for the Night Lights Program
expansion in San Bernardino, CA;
$2,000,000 for the San Joaquin Valley, CA
Rural Agricultural Crime Prevention Program;
$3,942,000 for the Center for Court
Innovation in New York State, including $1,000,000 for
Onondaga County and surrounding areas;
$3,000,000 for the Law Enforcement
Innovation Center (LEIC), TN;
$300,000 for the Chattanooga Endeavors
Program;
$15,000 for the New Mexico Technology to
Recover Abducted Kids (TRAK);
$3,000,000 for the National Fatherhood
Initiative;
$3,000,000 for the National Center for
Justice and the Rule of Law at the University of
Mississippi School of Law to sponsor research and
produce judicial education seminars and training for
judges, court personnel, prosecutors, police agencies,
and attorneys;
$300,000 for the National Association of
Town Watch's National Night Out crime prevention
program;
$750,000 for a prevent underage drinking
demonstration program;
$500,000 for BiasHELP of Long Island;
$50,000 for the City of San Luis Obispo,
CA, for a gang prevention project;
$75,000 for the NYPD criminal justice
coordination project;
$1,100,000 for the National Training and
Information Center (NTIC);
$1,000,000 for I-SAFE, for teaching
children online safety;
$500,000 for Community Security
Initiatives (CSI) of the Local Initiatives Support
Corporation;
$600,000 for Atlanta, GA, for a
comprehensive homicide reduction initiative;
$1,000,000 for Excelsior College in NY for
a distance education degree program in criminal
justice;
$200,000 for Men Against Destruction,
Defending Against Drugs and Social Disorder (MAD DADS)
of Miami-Dade, FL;
$2,235,000 for the Washington Metropolitan
Area Drug Enforcement Task Force (MATF);
$500,000 for the Northwestern MA District
Attorney's Office special prosecution program, for
crimes against seniors and the disabled;
$500,000 for the expansion of law
enforcement counseling programs at the On-Site Academy
in Gardner, MA;
$350,000 for Turtle Mountain Community
College's ``Project Peacemaker'';
$1,000,000 for the Doe Fund's Ready
Willing and Able Program;
$1,000,000 for the TELACU family-based
gang violence prevention program;
$20,000 for the Thin Blue Line of Michigan
for assistance to law enforcement families in crisis;
$400,000 for the National Indian Justice
Center;
$100,000 for the Rock Island Juvenile
Court;
$1,000,000 for the National Corrections
and Law Enforcement Training and Technology Center in
Moundsville, WV;
$1,000,000 for the National White Collar
Crime Center;
$1,000,000 for Kent State University's
Institute for the Study and Prevention of Violence;
$2,000,000 for the Harold Rogers
Prescription Drug Monitoring Program;
$6,000,000 for the Police Athletic League;
$100,000 for the Will County, IL Juvenile
Drug Court;
$350,000 for the National Association of
Court Management;
$1,000,000 for Mothers Against Drunk
Driving (MADD);
$4,000,000 for Mental Health Courts;
$1,500,000 for the Newport News, VA,
Achievable Dream Program;
$750,000 for the Chicago Project for
Violence Prevention;
$662,000 for the Virginia Community
Policing Institute;
$1,000,000 for Roger Williams University
in Bristol, RI, for a law enforcement professional
training program with the Justice System Research and
Training Institute;
$1,750,000 for Kristen's Act;
$900,000 for the Beyond Missing Program to
be coordinated with Office of Justice Programs and the
National Center for Missing and Exploited Children;
$4,500,000 for the Executive Office of
U.S. Attorneys to support the National District
Attorneys Association's participation in legal
education training at the National Advocacy Center;
$500,000 for Santee-Lynches Cops
Demonstration Project to reduce violent crime, drug
trafficking, and substance abuse;
$2,000,000 for continued support for the
expansion of Search Group, Inc. and the National
Technical Assistance and Training Program to assist
States, such as West Virginia, to accelerate the
automation of fingerprint identification processes;
$2,750,000 for the Drug Abuse Resistance
Education (DARE AMERICA) program. The Conferees are
concerned that DARE programs effectiveness has been
called into question and encourages DARE to continue
the restructuring effort currently underway and to
report to the Committees on its progress;
$150,000 for the Indianapolis
Comprehensive Domestic Violence Response Program;
$200,000 for the Baker County, Oregon
Federal Law Enforcement Training Center;
$250,000 for Alfred University's
Coordinating County Services for Families and Youth;
$1,400,000 to the Springfield, Missouri
Police and Fire Training Center;
$3,000,000 for the Clearwater, Idaho EDA
for the Lewis and Clark Bicentennial Bi-State Public
Safety Project;
$350,000 for the Albuquerque, NM DWI
Resource Center to fund drunk driving awareness and
prevention programs;
$750,000 to the Nevada National Judicial
College;
$1,500,000 for the Tools for Tolerance
Program;
$400,000 for the University of Northern
Iowa for the Domestic Violence Services for Women
project;
$4,000,000 for the Eisenhower Foundation
for the Youth Safe Haven program;
$500,000 for the Littleton Area Learning
Center;
$200,000 for Boyle-Mercer County for a
Court Appointed Special Advocate;
$250,000 for the Regional Prevention
Center in Maysville, Kentucky;
$1,500,000 to the New Hampshire Department
of Safety for Operation Streetsweeper;
$400,000 for the Carroll County District
Court's Alternate Sentencing Program in New Hampshire;
$1,500,000 for the Center for Task Force
Training;
$1,000,000 for the University of Nebraska,
Department of Criminal Justice, for a police
professionalism initiative;
$350,000 for the Southwest Arkansas
Domestic Violence Center for domestic violence
prevention activities to fund programmatic and
equipment costs;
$500,000 for the Southwest Texas State
University Law Enforcement Training Center for
equipment and program support;
$250,000 for the Oklahoma Bureau of
Narcotics for the necessary equipment to establish a
Mobile Command Post;
$500,000 for the Arizona Criminal Justice
Commission;
$350,000 to the Iowa Department of Public
Health to institute a pilot program to rehabilitate
nonviolent drug offenders;
$350,000 for the Ninth West Judicial
District in Arkansas for video conference equipment for
remote witness testimony;
$200,000 for the Cranston, Rhode Island
Police Department's Community Police Division for
community policing initiatives;
$900,000 for Ridge House Treatment
Facility in Reno, Nevada to house low intensity, non-
sex offender, non-violent convicts;
$110,000 for a Statewide DARE coordinator
in Alaska;
$300,000 for the National Center for Rural
Law Enforcement in Little Rock, Arkansas;
$750,000 for the Alaska Native Justice
Center Restorative Justice programs;
$1,100,000 for rural alcohol interdiction,
investigations, and prosecutions in the State of
Alaska;
$250,000 for the Partners for Downtown
Progress program in Alaska;
$1,000,000 for Jefferson County, Alabama
for an emergency system;
$100,000 for the Native American Community
Board in Lake Andes, South Dakota for programming and
equipment related to the Domestic Violence Shelter and
Community Prevention Program;
$150,000 for the Wakpa Sica Reconciliation
Place in Fort Pierre, South Dakota;
$230,000 for the MUSC Innovative
Alternatives for Women program;
$1,000,000 for the South Carolina U.S.
Attorney's Office in Charleston for software,
personnel, and equipment related to a gunfire detection
system;
$500,000 for Kansas City, Missouri, for
the continuation of the Community Security Initiative;
and
$500,000 for STEP II, for the Washoe
County Rehabilitation Program.
Violence Against Women Act.--The conference agreement
includes $390,565,000 to support grants under the Violence
Against Women Act, as proposed by both the House and Senate.
The conference agreement provides funding under this account as
follows:
VIOLENCE AGAINST WOMEN ACT PROGRAMS
[Dollars in thousands]
------------------------------------------------------------------------
Amount
------------------------------------------------------------------------
General Grants............................................. $184,737
(National Institute of Justice)........................ (5,200)
(Safe Start Program)................................... (10,000)
(Domestic Violence Federal Case Processing Study)...... (1,000)
(Domestic Violence Emergency Calls Study).............. (200)
Victims of Child Abuse:
CASA (Special Advocates)............................... 11,975
Training for Judicial Personnel........................ 2,296
Grants for Televised Testimony......................... 998
Grants to Encourage Arrests Policies....................... 64,925
Rural Domestic Violence Assistance Grants.................. 39,945
Training Programs.......................................... 4,989
Stalking Database.......................................... 3,000
Violence on College Campuses............................... 10,000
Civil Legal Assistance..................................... 40,000
Elder Abuse Grant Program.................................. 5,000
Safe Haven Project......................................... 15,000
Domestic Violence Forensic Exams Study..................... 200
Education and Training for Disabled Female Victims......... 7,500
------------
Total................................................ 390,565
------------------------------------------------------------------------
The conference agreement adopts by reference Senate
report language directing the Department to work with the State
of Alaska, the Alaska Native community, and non-profit
organizations involved in prevention and treatment of domestic
violence to develop a Statewide plan to combat domestic
violence.
Substance Abuse Treatment for State Prisoners.--The
conference agreement includes $70,000,000 for grants to States
and units of local government for development and
implementation of residential substance abuse treatment
programs within State correctional facilities and certain local
correctional and detention facilities. The conference agreement
adopts by reference the House report language regarding
expanding the use of these grants to provide treatment for
released State prisoners.
Juvenile Accountability Incentive Block Grant.--The
conference agreement includes $249,450,000 for the Juvenile
Accountability Incentive Block Grant program as proposed by the
House and Senate. Within this amount, $38,000,000 is available
for Project ChildSafe, an initiative that will ensure gun
safety locks are available for every handgun in America. An
additional $12,000,000 is included for gun safety locks under
Juvenile Justice, for a total funding level of $50,000,000.
The conferees support the use of gun safety locks and
encourage the distribution of safety locks to handgun owners.
However, the conferees are concerned with reportsthat some of
these safety locks have failed or do not work on certain handguns. The
conferees understand that the Department of Justice is reviewing the
availability of national standards for gun safety locks, and that
private industry groups have also sought the promulgation of such
standards. The Department of Justice is directed to work with various
Federal agencies, private industry groups, and other interested parties
in the development of national standards for gun safety locks. Funds
recommended for Project ChildSafe may be used to offset the cost of
this effort. Until such national standards are established, or interim
standards identified, no funds shall be obligated for the purchase and
distribution of gun safety locks and only locks that meet these
standards should be purchased and distributed.
The conferees direct the Department of Justice to submit
a report by January 15, 2002 that: (1) reports the status of
the development of interim and national standards for handgun
safety locks; (2) provides cost estimates for gun safety locks
based on the new national standards; and (3) describes how
funding for gun safety locks will be distributed to the States.
Senior Citizens Against Marketing Scams.--The conference
agreement includes $1,995,000 for programs to assist law
enforcement in preventing and stopping marketing scams against
the elderly. The conference agreement adopts by reference the
Senate report language requesting OJP to conduct some program
sessions at the National Advocacy Center and to coordinate
efforts with the Federal Trade Commission.
weed and seed program fund
The conference agreement includes $58,925,000 for the
Weed and Seed program, as proposed by both the House and
Senate.
community oriented policing services
The conference agreement includes $1,050,440,000 for the
Community Oriented Policing Services (COPS), instead of
$1,013,498,000 as proposed by the House and $1,049,659,000 as
proposed by the Senate. The conference agreement provides
funding under this account as follows:
COMMUNITY ORIENTED POLICING SERVICES
[Dollars in thousands]
------------------------------------------------------------------------
Amount
------------------------------------------------------------------------
Public Safety and Community Policing:
COPS Hiring Program.................................... $330,000
(School Resource Officers)......................... (180,000)
Training and Technical Assistance...................... 20,662
Tribal Law Enforcement................................. 35,000
Police Corps........................................... 14,435
Methamphetamine Enforcement & Clean-up................. 70,473
Bulletproof Vests...................................... 25,444
------------
Subtotal, Public Safety and Community................ 496,014
============
Crime-Fighting Technologies:
Law Enforcement Technology Program..................... 154,345
Crime Identification Technology Act.................... 87,287
(Safe Schools Technology).......................... (17,000)
National Criminal History Improvement.................. 35,000
Crime Laboratory Improvement Program................... 35,000
DNA Backlog Elimination................................ 40,000
------------
Subtotal, Crime-Fighting Technologies................ 351,632
============
Prosecution Assistance:
Southwest Border Prosecutors........................... 50,000
Gun Violence Reduction Program......................... 49,780
------------
Subtotal, Prosecution Assistance..................... 99,780
============
Community Crime Prevention:
Police Integrity....................................... 16,963
Offender Reentry....................................... 14,934
School Safety Initiatives.............................. 23,338
Project Sentry......................................... 14,967
------------
Subtotal, Community Crime Prevention................. 70,202
============
Management and Administration.............................. 32,812
============
Total, Community Policing Services................... 1,050,440
------------------------------------------------------------------------
COPS Hiring Program.--The conference agreement includes
$330,000,000 for the COPS hiring program, with up to
$180,000,000 available for the hiring of school resource
officers. The conferees understand that approximately
$55,000,000 is available in recoveries. Language has been
included making these recoveries available for the direct
hiring of law enforcement officers through the COPS Hiring
Program.
The conference agreement includes language that allows
technology grants to be made from fiscal year 2002 direct
appropriations under the COPS Hiring Program not subject to
redeployment tracking requirements. However, the conferees
expect that requests for technology funds will still
demonstrate the time savings expected from implementing these
technology grants.
Police Corps.--The conference agreement includes
$14,435,000 for the Police Corps Program. The conferees
understand that the Police Corps program has sufficient
unobligated balances available to allow the program to maintain
its activities in fiscal year 2002 at the prior year level.
Methamphetamine Enforcement and Clean-Up.--The conference
agreement includes $70,473,000 for State and local law
enforcement programs to combat methamphetamine production and
distribution, to target drug ``hot spots,'' and to remove and
dispose of hazardous materials at clandestine methamphetamine
labs.
Within the amount provided, the conferees have included
$20,000,000 to be reimbursed to the DEA for assistance to State
and local law enforcement for proper removal and disposal of
hazardous materials at clandestine methamphetamine labs.
Within the amounts provided, the Department is expected
to review, in consultation with DEA, the following proposals,
provide grants if warranted, and report to the Committees on
its intentions:
$2,100,000 for the Sioux City, IA Regional
Methamphetamine Training Center, to provide training to
officers from eight states in over 80 classes;
$1,000,000 for the Methamphetamine Task
Force in East Tennessee, to fight the spread of meth
labs in this region;
$1,000,000 for the Oklahoma State Bureau
of Investigations and Oklahoma Bureau of Narcotics and
Dangerous Drug Control, to assist their methamphetamine
clean up operations;
$1,500,000 for the Western Kentucky
Methamphetamine Initiative, in collaboration with
Daviess County;
$500,000 for the Virginia State Police, to
assist their efforts in combating methamphetamine;
$500,000 for the Indiana State Police, to
assist their efforts in combating methamphetamine;
$580,000 for the Marion County, OR,
methamphetamine project;
$300,000 for the Marathon and Douglas
Counties, WI, methamphetamine initiatives;
$1,000,000 for the City of Phoenix, AZ,
for methamphetamine laboratory cleanup;
$200,000 for the Minot State University,
ND, rural methamphetamine project;
$405,000 for the Jackson County, MS,
Sheriff's office methamphetamine initiative;
$500,000 for the Riley County, KS Police
Department to assist in methamphetamine clean-up
operations;
$803,000 for the Wichita Police Department
clandestine methamphetamine lab equipment package;
$500,000 for the Louisiana Methamphetamine
Task Force;
$461,000 for the Oklahoma City Police
Department for a Methamphetamine/Drug Hot Spots
Initiative;
$4,000,000 for the Washington State
Methamphetamine Programs, participants in this program
will include Benton County, Chelan County, City of
Spokane, Clark County, Cowlitz County, Ferry County,
Grant County, Grays Harbor County, King County, Kitsap
County, Lewis County, Mason County, Pend Oreille
County, Pierce County, Pierce County Alliance,
Snohomish County, Spokane County, Stevens County,
Thurston County, and Yakima County;
$3,000,000 for California Department of
Justice, Bureau of Narcotics Enforcement, for the
California Methamphetamine Strategy (CALMS);
$619,000 for the Mississippi Bureau of
Narcotics to combat methamphetamine and to train
officers on the proper recognition, collection,
removal, and destruction of methamphetamine;
$750,000 for the Methamphetamine Awareness
and Prevention Project of South Dakota to expand
prevention efforts to include Native American
reservations;
$500,000 for the Illinois State Police to
combat methamphetamine and to train officers in those
types of investigations;
$1,000,000 for the Iowa Methamphetamine
Initiative;
$200,000 for the Iowa Tanks-A-Lock
Project;
$655,000 for the Arkansas Methamphetamine/
Drug Hot Spots Initiative, of which $155,000 shall be
used to retain three chemists at the Arkansas Crime
Lab;
$250,000 for the Wisconsin Ecstasy
Awareness Program;
$1,000,000 for the Wisconsin
Methamphetamine Law Enforcement Initiative;
$500,000 for the Arizona Methamphetamine
Initiative for personnel, training, and equipment;
$400,000 for the Vermont State Multi-
Jurisdictional Drug Task Force;
$150,000 for methamphetamine training for
rural law enforcement officers in Arkansas;
$500,000 for the Kansas Bureau of
Investigation to combat methamphetamines;
$2,000,000 for the Montana Methamphetamine
Initiative;
$500,000 for the Flathead Valley, Montana
Methamphetamine Initiative;
$750,000 for the Central Utah
Methamphetamine Program;
$1,250,000 for the Midwest Methamphetamine
Initiative; and
$1,100,000 for the Missouri
Methamphetamine Initiative.
Law Enforcement Technology Program.--The conference
agreement includes $154,345,000 for continued development of
technologies and automated systems to assist State and local
law enforcement agencies in investigating, responding to and
preventing crime.
Within the amount provided, the COPS office should
examine each of the following proposals, provide grants if
warranted, and submit a report to the Committees on its
intentions for each proposal:
$8,000 for the Walker County Jail, AL, for
police radio system upgrades;
$10,000 for the Powell Police Department,
AL, for police equipment upgrades and technology
enhancements;
$60,000 for the Blountsville Police
Department, AL, for an integrated automated fingerprint
information system;
$3,815,000 for the Simulated Prison
Environment Crisis Aversion Tools (SPECAT);
$400,000 for Mooresville, NC, for a Silent
Dispatch and Automatic Vehicle Locator System;
$50,000 for Springfield, MO, for security
equipment for the Southside District Police Station;
$400,000 for the Springfield, MO Police
Department, for in-car video cameras;
$3,000,000 for the Alabama law enforcement
SmartCOP technology initiative;
$1,000,000 for the City of Escondido, CA,
for communications technology upgrades;
$1,000,000 for Placer County, CA, for
public safety communications upgrades;
$1,000,000 for Citrus Heights, CA, for
technological improvements to centralize the police
force;
$300,000 for the City of Sierra Madre, CA,
for law enforcement equipment for the Emergency
Operations Center;
$900,000 for the Arcadia Police
Department, CA, for the conversion to narrowband
radios;
$200,000 for the Northeast Wisconsin
Technical College Tactical Training Facility, Green
Bay, WI, for equipment;
$500,000 for the Cache County, UT
Sheriff's Department, for law enforcement training
simulators;
$100,000 for the Aliquippa Police
Department, PA, for police equipment, training, and
computer resources;
$800,000 for the Joint Venture 9-1-1
Communications Center (Tri-Com), IL, for law
enforcement communications equipment replacement;
$781,000 for the Long Beach Police
Department, CA, for imaging technology;
$3,000,000 for the video teleconferencing
grant program, through INS, to provide local sheriff's
offices the ability to identify or arraign apprehended
aliens;
$735,000 for the Redlands, CA East Valley
Community Justice Center, to study and identify new
technologies;
$750,000 for Inyo County, CA, for public
safety radio communications;
$625,000 for the Arlington County, VA
Police Department and the New Jersey State Police, for
Racial Profiling Self-Assessment Software;
$45,000 for the Jeffersontown Police
Department, KY, for in-car video systems;
$75,000 for the Jefferson County, KY
Domestic Violence Unit, for the purchase of cameras to
be used during investigations;
$750,000 for the Louisville, KY Division
of Police, for in-car video systems;
$1,000,000 for the Sacramento, CA
Sheriff's Department, for law enforcement technology
systems;
$7,500,000 for the Regional Law
Enforcement Technology Program in KY;
$1,000,000 for Sedgwick County, KS
Sheriff's Department, for an integrated records
management system;
$800,000 for Jefferson County, AL, for law
enforcement communication equipment upgrades;
$250,000 for Washington Parish, LA
Sheriff's Office, for law enforcement technology and
automated systems;
$250,000 for Tangipahoa Parish, LA
Sheriff's Office, for law enforcement technology and
automated systems;
$125,000 for the City of Harahan, LA
Police Department, for law enforcement technology and
automated systems;
$250,000 for the City of Kenner, LA Police
Department, for law enforcement technology and
automated systems;
$125,000 for the City of Gretna, LA Police
Department, for law enforcement technology and
automated systems;
$500,000 for St. Tammany Parish, LA
Sheriff's Office, for automated systems to assist
investigations;
$500,000 for Orleans Parish, LA Police
Department, for law enforcement technology and
automated systems;
$3,000,000 for the Law Enforcement Online
(LEO) Program;
$1,500,000 for the Chattanooga, TN Police
Department, for law enforcement technology;
$1,500,000 for the Oklahoma Department of
Public Safety, for in-car video cameras for the Highway
Patrol;
$35,000 for Allen County, KY, for the law
enforcement component of an emergency systems upgrade;
$165,000 for Page County, VA, for law
enforcement equipment to consolidate 911 services;
$1,000,000 for the Virginia State Police,
for in-car video cameras;
$2,000,000 for the Center for Criminal
Justice Technology;
$3,500,000 for Pinellas County, FL, law
enforcement agencies, for facial recognition
technology;
$1,000,000 for the City of Mayaguez, PR,
for municipal police technology improvements;
$1,500,000 for the City of Madison, WI,
for laptop computers and video monitoring units in
patrol cars;
$500,000 for the Las Vegas, NV
Metropolitan Police Department's Interagency Cyber
Crime Task Force, for technology improvements;
$750,000 for the City of Tallahassee, FL,
for a joint law enforcement communications upgrade;
$1,850,000 for the City of Baltimore, MD,
for law enforcement technology upgrades including
laptop computers, cameras and wiretap equipment;
$300,000 for the Indianapolis, IN Police
Department, for technology enhancements including in-
car cameras;
$1,235,000 for the Territory of the Virgin
Islands, for technology equipment and upgrades;
$750,000 for Lane County/Springfield/
Eugene, OR, for law enforcement area information
records system (AIRS);
$750,000 for the City of Austin, TX, for
police mobile data computers;
$750,000 for the City of Fresno, CA Police
Department, for a law enforcement communications
system;
$100,000 for the NYPD 47th Police
Precinct, for equipping a mobile command center;
$300,000 for East Palo Alto, CA Police
Department, for communications and computer equipment;
$250,000 for the Marlboro Police
Department in Monmouth County, NJ, for video cameras in
patrol cars;
$150,000 for Marion County, OR, for mobile
probation computers and radio equipment;
$625,000 for the East Hazel Crest, IL
SSMMA/Regional Law Enforcement Technology Support
Center, for technological enhancements;
$750,000 for the City of Pawtucket, RI
Police Department, for technology upgrades, including a
digital radio system;
$750,000 for the Town of Portsmouth, RI
Police Department, for technology upgrades including
computing and communications systems;
$750,000 for the Galveston County, TX
Sheriff's Office, for the Southeast Texas Region Law
Enforcement Technology Project, including data
equipment and computers;
$87,000 for the Palos Park Police
Department, for law enforcement equipment and new
technology;
$33,000 for the Southwest Major Case Unit,
IL, for video surveillance and related technology;
$75,000 for the Village of Larchmont, NY
Police Department, for closed-circuit surveillance
equipment;
$20,000 for the Town of Mamaroneck, NY,
for police communications equipment;
$85,000 for the Village of Mamaroneck, NY
Police Department, for an automated fingerprinting
system;
$100,000 for the City of New Fairfield, CT
Police Department, for technology improvements
including laptop computers for patrol cars;
$210,000 for the Saint Paul, MN Police
Department, for police radios;
$500,000 for North Attleboro, MA, for
technology upgrades at the new police facility;
$1,000,000 for the facial recognition and
data capture system demonstration for 5 counties in
Massachusetts;
$750,000 for Jersey City, NJ, for radio
system upgrades and fixed radio network equipment;
$250,000 for Union City, NJ, for CAD and
RMS systems;
$500,000 for the Solano County, CA
Regional Law Enforcement Training Center, for
technology infrastructure;
$225,000 for the Holyoke, MA Police
Department, for equipment;
$1,500,000 for the City of San Francisco,
CA, for a geographic information crime mapping system;
$300,000 for Wake County, NC, for law
enforcement communications;
$500,000 for the City of South Bend, IN,
for video and audio recording systems in squad cars;
$1,801,000 for the Minneapolis, MN Police
Department, for an automated resources system;
$500,000 for the Santa Ana, CA Police
Department Crime Analysis Unit, for equipment
purchases;
$900,000 for the City of Norfolk, VA
Police Department, including $400,000 for a computer
aided dispatch system and $500,000 for video cameras;
$750,000 for Ventura County, CA, for an
Integrated Justice Information System;
$40,000 for White County, AR, for
technology upgrades at the county jail;
$750,000 for the City of Abilene, TX, for
purchase of emergency response and public safety
communications equipment for law enforcement;
$750,000 for the Charlevoix-Cheboygan-
Emmett, MI Central Dispatch Authority, for computer
aided dispatch/records management software;
$750,000 for the Citrus County, FL,
Emergency Operations and Communications Center, for law
enforcement technology enhancements;
$90,000 for the San Juan County Criminal
Justice Training Authority/City of Farmington, NM, for
an automated fingerprint identification system;
$3,000,000 for Project Hoosier SAFE-T, for
communications systems upgrade;
$45,000 for the Griffith, IN Police
Department, for in-car video cameras;
$50,000 for the Northwest IN Police
Department, for an automated fingerprint identification
system;
$500,000 for the City of Inglewood, CA
Police Department, for digital records management and
equipment;
$500,000 for the City of Gardena, CA, for
technology equipment for patrol cars;
$1,400,000 for Columbia County, OR, for
law enforcement communications;
$1,000,000 for Los Angeles County, CA, for
law enforcement communications upgrade;
$250,000 for Washington State Department
of Corrections sex offender monitoring equipment
upgrades;
$175,000 for the Washington County, NY
Board of Supervisors, for a mobile command and
communications center;
$60,000 for the City of Thibodaux, LA, for
in-car video cameras and computers;
$100,000 for the New Orleans Metropolitan
Crime Commission;
$1,549,000 for the San Bernardino County,
CA Probation Department, for a case management system;
$90,000 for Douglas, WI, for drug
interdiction software system;
$500,000 for the Borough of Shrewsbury, NJ
Police Department, for technology upgrades;
$1,500,000 for the Orange County, CA
Strategic Integrated Justice System, for the electronic
linking of law enforcement communities;
$2,000,000 for the Illinois State Police,
for the implementation of an integrated records
management system;
$1,000,000 for the Louisiana State Police,
for the Information and Management Systems within the
Emergency Operations Center;
$1,000,000 for the Washington, DC
Metropolitan Council of Government and Police Chiefs'
Pawn database;
$300,000 for Del Mar College in Corpus
Christi, TX, for the Network of Medicolegal
Investigative Systems (NOMIS);
$500,000 for Orange County, CA District
Attorney's Task Force aimed at Catching Killers,
Rapists and Sexual Offenders (TracKERS);
$5,000,000 to the National Center for
Missing and Exploited Children to continue the program
created in fiscal year 2000 that provides targeted
technology to police departments for the specific
purpose of child victimization prevention and response.
The technology available to our law enforcement
officials to help them find missing children is not at
the level it needs to be. Most police departments
across the United States do not have personal
computers, modems, and scanners. The departments that
do rarely have them in areas focusing on crimes against
children;
$150,000 for Criminal Intelligence Unit in
Iberia Parish, Louisiana;
Up to $3,000,000 for the acquisition or
lease and installation of dashboard mounted cameras for
State and local law enforcement on patrol. One camera
maybe used in each vehicle, which is used primarily for
patrols. These cameras are only to be used by State and local law
enforcement on patrol;
$4,000,000 for the Utah Communications
Agency Network (UCAN) for enhancements and upgrades of
security and communications infrastructure to assist
with law enforcement needs arising from the 2002 Winter
Olympics. Of the $4,000,000 appropriated for UCAN
$1,440,000 is for Salt Lake County, Utah, $640,000 is
for Salt Lake City, Utah, and $740,000 is for the City
of Ogden, Utah;
$1,000,000 for the Montana Highway Patrol
for computer upgrades;
$90,000 for the Billings, Montana Police
Department for a firearms training system;
$250,000 for a grant to Portland, Oregon
Police Department for its Squad Car Unit Identification
(SQUID) program;
$125,000 for technology equipment to
create a traffic enforcement unit in the Muncie,
Indiana Police Department;
$250,000 for the Cache Valley, Utah Multi-
jurisdictional 800 Megahertz Project;
$500,000 for the Louisiana Interstate 10
Technology Support Project;
$500,000 for teleconferencing equipment
for the Montana Supreme Court;
$400,000 for a criminal justice records
management system for the Missoula, Montana Sheriff's
Department;
$310,000 to fund technology enhancements
for the Douglas County, Colorado Sheriff's Office;
$700,000 for the City of Colorado Springs
for its CMS and PASS systems;
$4,000,000 for the Missouri State Highway
Patrol Integration Technology Program;
$6,000,000 for the Harrison County Public
Safety Automated Systems project;
$500,000 for Simpson County, Mississippi's
public safety automated technologies system;
$725,000 for the City of Jackson
Mississippi's public safety automated technologies
system;