Bill summaries are authored by CRS.

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Conference report filed in House (11/09/2001)

Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2002 - Makes appropriations for FY 2002 for the Departments of Commerce, Justice, and State, the judiciary, and related agencies.

Title I: Department of Justice - Department of Justice Appropriations Act, 2002 - Makes appropriations for the Department of Justice for: (1) general administration, including for a Joint Automated Booking System, conversion to narrowband communications, counterterrorism activities, administration of pardon and clemency petitions and immigration-related activities, expenses of the Federal Detention Trustee, the Office of Inspector General; (2) the U.S. Parole Commission; (3) legal activities, including for antitrust activities, office automation, the Offices of U.S. Attorneys, the U.S. Trustee Program, the Foreign Claims Settlement Commission, the U.S. Marshals Service (including amounts for Federal prisoner detention and courthouse security equipment), fees and expenses of witnesses, the Community Relations Service, and certain uses of the Assets Forfeiture Fund; (4) interagency law enforcement with respect to organized crime drug trafficking; (5) the Federal Bureau of Investigation; (6) the Drug Enforcement Administration; (7) the Immigration and Naturalization Service; (8) the Federal prison system; and (9) Office of Justice programs, including for State and local law enforcement assistance, the Executive Office for Weed and Seed, community oriented policing services, juvenile justice programs, and public safety officers' benefits.

Sets forth authorized uses of, and limitations on, such funds.

(Sec. 103) Prohibits the use of funds appropriated by this title to: (1) pay for abortions except where the life of the mother would be endangered if the fetus were carried to term, or in the case of rape; or (2) require any person to perform or facilitate an abortion.

(Sec. 109) Amends the Immigration and Nationality Act to increase the entry fee for passengers arriving by airplane from six dollars to seven dollars, and to authorize the Attorney General to charge and collect a three dollar entry fee on commercial vessel passengers.

(Sec. 110) Amends the Immigration and Nationality Act (INA) to authorize the Attorney General to establish not more than 96 (currently, six) projects under which a land border inspection fee may be charged.

(Sec. 111) Amends the Victims of Crime Act of 1984 to make certain Crime Victims Fund sums available for a Victim Notification System.

(Sec. 112) Amends the Hmong Veterans' Naturalization Act of 2000 to extend naturalization application and fee payment deadlines for former spouses of deceased Hmong veterans.

(Sec. 113) States that the administration of community oriented policing services shall not be incorporated into the Office of Justice Programs for fiscal year 2002 and thereafter.

(Sec. 114) Directs the Attorney General to provide posthumous citizenship for persons with a pending application who died of injuries from events related to the terrorist attacks of September 11, 2001.

(Sec. 115) Amends the Immigration and Nationality Act to authorize the Attorney General to require arrival and departure manifests in advance for land travel (train or bus) as well as travel by air or water.

Title II: Department of Commerce and Related Agencies - Department of Commerce and Related Agencies Appropriations Act, 2002 - Makes appropriations for the Department of Commerce for FY 2002 for: (1) the Office of the U.S. Trade Representative; (2) the International Trade Commission; (3) the International Trade Administration; (4) export administration and national security activities; (5) the Economic Development Administration; (6) the Minority Business Development Agency; (7) economic and statistical analysis programs; (8) the Bureau of the Census; (9) the National Telecommunications and Information Administration; (10) public telecommunications facilities planning and construction grants; (11) information infrastructure grants; (12) the U.S. Patent and Trademark Office; (13) the Under Secretary for Technology/Office of Technology Policy; (14) the National Institute of Standards and Technology, including amounts for the Manufacturing Extension Partnership and for construction of new research facilities; (15) the National Oceanic and Atmospheric Administration, including an amount for procurement, acquisition, and construction of capital assets; (16) restoration of Pacific salmon populations and implementation of the 1999 Pacific Salmon Treaty Agreement; (17) the Coastal Zone Management Fund; (18) the Fishermen's Contingency Fund; (19) the Foreign Fishing Observer Fund; (20) the fisheries finance program account; and (21) departmental management, including the Office of Inspector General.

Requires the Secretary to establish a Coastal and Estuarine Land Conservation Program.

(Sec. 210) Authorizes the Anchorage Sister Cities Commission of Anchorage, Alaska, to export, on a one-time basis, to the Town of Whitby, in the care of the Scarborough 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. Directs the Commission to notify the National Marine Fisheries Service Office of Enforcement 15 days prior to shipment to ensure compliance with applicable export requirements.

Sets forth authorized uses of, and limitations on, such funds.

Title III: The Judiciary - Judiciary Appropriations Act, 2002 - Makes appropriations for: (1) the Supreme Court, including an amount for care of the building and grounds; (2) the U.S. Court of Appeals for the Federal Circuit; (3) the U.S. Court of International Trade; (4) the courts of appeals, district courts, and other judicial services, including for defender services, fees of jurors and commissioners and court security; (5) the Administrative Office of the U.S. Courts; (6) the Federal Judicial Center; (7) judicial retirement funds; and (8) the U.S. Sentencing Commission.

(Sec. 305) Authorizes U.S. justices and judges to receive a salary adjustment in FY 2002.

Sets forth authorized uses of, and limitations on, such funds.

Title IV: Department of State and Related Agency - Department of State and Related Agency Appropriations Act, 2002 - Makes appropriations for the Department of State for FY 2002 for: (1) administration of foreign affairs, diplomatic and consular programs; (2) the Capital Investment Fund; (3) the Office of Inspector General; (4) educational and cultural exchange programs; (5) representation allowances; (6) protection of foreign missions and officials; (7) U.S. embassy security, construction, and maintenance; (8) emergencies in the diplomatic and consular service; (9) the repatriation loans program account; (10) the American Institute in Taiwan; (11) the Foreign Service Retirement and Disability Fund; (12) international organizations, conferences, peacekeeping, and commissions; (13) the International Boundary and Water Commission, United States and Mexico; (14) the Asia Foundation; (15) the Eisenhower Exchange Fellowships, Incorporated; (16) the Israeli Arab Scholarship Program; (17) the Center for Cultural and Technical Interchange Between East and West, Hawaii; and (18) the National Endowment for Democracy.

Makes appropriations for the Broadcasting Board of Governors for FY 2002 for international broadcasting operations (including broadcasting to Cuba) and capital improvements.

Sets forth authorized uses of, and limitations on, funds appropriated under this title.

(Sec. 403) Bars the use of funds made available in this Act by the Department of State or the Broadcasting Board of Governors to provide assistance to the Palestinian Broadcasting Corporation.

(Sec. 404) Bars the use of funds made available to the United Nations (UN) for the promulgation or enforcement of any treaty, resolution, or regulation authorizing the UN to tax an aspect of the Internet or international currency transactions.

(Sec. 407) Extends the Advisory Commission on Public Diplomacy through October 1, 2005.

(Sec. 408) Permits either House of Congress to complete the congressional delegation to interparliamentary groups, as specified.

Title V: Related Agencies - Appropriates FY 2002 funds for the Department of Transportation for: (1) a U.S.-flag merchant fleet to serve the national security needs of the United States; (2) United States Maritime Administration operations and training activities and for capital improvements at the U.S. Merchant Marine Academy; and (3) Maritime Administration guaranteed loans.

Prohibits obligations from being 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 law.

Appropriates FY 2002 funds for salaries and specified expenses, with restrictions in certain cases, for: (1) the Commission for the Preservation of America's Heritage Abroad for salaries and expenses; (2) the Commission on Civil Rights; (3) the United States Commission on International Religious Freedom; (4) the Commission on Ocean Policy; (5) the Commission on Security and Cooperation in Europe; (6) the Congressional-Executive Commission on the People's Republic of China; (7) the Equal Employment Opportunity Commission (EEOC); (8) the Federal Communications Commission; (9) the Federal Maritime Commission; (10) the Federal Trade Commission; (11) the Legal Services Corporation; (12) the Marine Mammal Commission; (13) the National Veterans Business Development Corporation; (14) the Pacific Charter Commission; (15) the Securities and Exchange Commission; (16) the Small Business Administration (SBA), including the Office of Inspector General; (17) the State Justice Institute; and (18) the United States-Canada Alaska Rail Commission.

Amends the Omnibus Consolidated Rescissions and Appropriations Act of 1996 with respect to financial assistance by the Legal Services Corporation to recipients representing an individual eligible client seeking specific relief from a welfare agency, to repeal the condition on such assistance that the relief not involve an effort to amend or otherwise challenge existing law in effect on the date of the initiation of the representation.

Appropriates FY 2002 funds for small business direct and guaranteed loans, including for the Office of Inspector General of SBA for audits and reviews of disaster loans and the disaster loan program.

Provides that not to exceed five percent of any appropriation made available for the current fiscal year for SBA in this Act may be transferred between appropriations for salaries and expenses for indirect administrative expenses, but prohibits such appropriation from being 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 this Act and shall not be available for obligation or expenditure except in compliance with this Act.

Title VI: General Provisions - Prohibits funds provided under this Act, funds provided under previous appropriations laws to the agencies funded by this Act that remain available for obligation or for expenditure in FY 2002, or funds provided from any accounts in the Treasury derived by the collection of fees available to such agencies from being available for obligation or expenditure through a reprogramming of funds that creates new programs, eliminates a program, project, or activity, increases funds or personnel by any means for any project or activity for which funds have been denied or restricted, relocates an office or employees, reorganizes offices, programs, or activities, or contracts out or privatizes any functions or activities presently performed by Federal employees unless the appropriations committees of both Houses of Congress are notified in advance.

(Sec. 605) Prohibits the availability for activities, programs, and projects through reprogramming of funds provided under this Act or previous appropriations laws or from the collection of fees, without advance notification to the congressional appropriations committees, if it is a reprogramming in excess of $500,000 or ten percent, whichever is less, that: (1) augments existing programs, projects, or activities; (2) reduces by ten percent funding for any existing program, project, or activity, or numbers of personnel by ten 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.

(Sec. 606) Bans the use of funds in this Act for the construction, repair (other than emergency repair), overhaul, conversion, or modernization of vessels for the National Oceanic and Atmospheric Administration (NOAA) in shipyards outside the United States.

(Sec. 607) Expresses the sense of Congress that, to the greatest extent practicable, all equipment and products purchased with funds made available in this Act should be American-made.

Makes ineligible to receive any contract or subcontract made with funds in this Act, pursuant to current debarment, suspension, and ineligibility procedures, of any person determined to have intentionally affixed a fraudulent "Made in America" label to any product sold or shipped to the United States.

(Sec. 608) Prohibits the use of funds in this Act to implement, administer, or enforce any EEOC guidelines 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 certain proposed guidelines.

(Sec. 609) Prohibits the use of funds made available by this Act for any United Nations (UN) peacekeeping mission that will involve U.S. armed forces under the command or operational control of a foreign national if the President's military advisors have not recommended such involvement in the national security interests and the President has not made such recommendation to Congress.

(Sec. 611) Bars the use of funds made available in this Act to provide specified amenities or personal comforts in the Federal prison system.

(Sec. 612) Provides for the President to either: (1) 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; or (2) appoint a Deputy Attorney General for Combating Domestic Terrorism.

(Sec. 613) Requires 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 to be absorbed within the total budgetary resources available to such department or agency, with reprogramming in specified circumstances.

(Sec. 614) Prohibits the use of funds made available in this Act to the Federal Bureau of Prisons to distribute or make available any commercially published information or material that is sexually explicit or features nudity.

(Sec. 615) Limits to only 90 percent of the amount to be awarded under the Local Law Enforcement Block Grant the amount of any such grant to an entity that does not provide the same or better health insurance benefits as on duty to a public safety officer who retires or is separated from service due to injury suffered directly and proximately in the line of duty while responding to an emergency situation or a hot pursuit.

(Sec. 616) Prohibits the use of funds in this Act 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) Prohibits the use of funds made available in this Act to issue visas to certain individuals from Haiti, including those involved in specified extrajudicial and political killings.

Amends the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies, 1999, to remove Claudy Myrthil from such list of such excluded individuals.

(Sec. 618) Prohibits the use of funds in this Act for: (1) the implementation of any tax or fee in connection with the implementation of the national instant criminal background check system for firearms; and (2) any system to implement such background check system 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) Provides that amounts deposited or available in the Crime Victims Fund in any fiscal year in excess of $550 million shall not be available for obligation until the following fiscal year.

(Sec. 620) Prohibits the use of funds made available in this Act to the Department of Justice 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) Bans the availability of funds made available in this Act for the purpose of granting immigrant visas, nonimmigrant visas, or both 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 the Immigration and Nationality Act.

(Sec. 622) Prohibits the use of funds made available in this Act to the Department of Justice to transport a maximum or high security prisoner, other than to a prison or other facility certified by the Federal Bureau of Prisons as appropriately secure.

(Sec. 623) Makes inapplicable to certain funds made available for emergency expenses for fisheries disaster relief for Pribilof Island and the East Aleutian area of the Bering Sea certain requirements of the Magnuson-Stevenson Fishery Conservation and Management Act that limit to 75 percent the Federal share of the cost of any disaster relief activity.

(Sec. 624) Amends Federal law to reauthorize through FY 2006 the Northwest Atlantic Fisheries Convention Act of 1995 and the authority of the States of Washington, Oregon, and California to manage a Dungeness crab fishery. Directs the Pacific State Marine Fisheries Commission to report to specified congressional committees on the health and management of the Dungeness Crab fishery.

(Sec. 625) Amends the Federal judicial code to make inapplicable to FY 1981 and each ensuing fiscal year current law providing that none of the funds appropriated by such provisions shall be obligated or expended to increase any salary of any Federal judge or Justice of the Supreme Court, except as may be specifically authorized by Act of Congress.

(Sec. 626) Directs the President 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) on or after November 1, 1979.

(Sec. 627) Prohibits the use of funds under this Act by Federal prisons to purchase audiovisual or electronic equipment used primarily for recreational purposes.

(Sec. 628) Amends the Communications Satellite Act of 1962 with respect to conversion to stock corporations to extend the deadline for an initial public offering of securities of any successor entity of INTELSAT.

(Sec. 630) Bars the availability of funds under this Act for cooperation with, or assistance or other support to, the International Criminal Court or the Preparatory Commission. States that this prohibition shall not be construed to apply to any other entity outside the Rome treaty.

Title VII: Rescissions - Rescinds specified prior year appropriation amounts from: (1) the Department of Justice for the Assets Forfeiture Fund; (2) the Department of Commerce for Emergency Oil and Gas Guaranteed Loan Program Account; (3) the Department of Justice for Maritime Administration for shipbuilding; (4) the Securities and Exchange Commission for salaries and expenses; and (5) the Small Business Administration for the Business Loans Program Account.