Pub.L. 107-078 To provide authority to the Federal Power Marketing Administrations to reduce vandalism and destruction of property, and for other purposes. <> ...

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DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, AND RELATED 
                    AGENCIES APPROPRIATIONS ACT, 2002

[[Page 115 STAT. 748]]

Public Law 107-77
107th Congress

                                 An Act


 
  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. <<NOTE: Nov. 28, 
                         2001 -  [H.R. 2500]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Departments of 
Commerce, Justice, and State, the Judiciary, and Related Agencies 
Appropriations Act, 2002. Department of Justice Appropriations Act, 
2002.>>  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.

[[Page 115 STAT. 749]]

                     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: <<NOTE: Notification.>>  Provided further, That funds provided 
under this paragraph shall be available only after the Attorney General 
notifies the Committees on Appropriations of the House of 
Representatives and the Senate in accordance with section 605 of this 
Act.

                    administrative review and appeals

    For expenses necessary for the administration of pardon and clemency 
petitions and immigration-related activities, $173,647,000.

                            detention trustee

    For necessary expenses of the Federal Detention Trustee who shall 
exercise all power and functions authorized by law relating to the 
detention of Federal prisoners in non-Federal institutions or otherwise 
in the custody of the United States Marshals Service; and the detention 
of aliens in the custody of the Immigration and Naturalization Service, 
$1,000,000: Provided, That the Trustee shall be responsible for 
overseeing construction of detention facilities or for housing related 
to such detention; the management of funds appropriated to the 
Department for the exercise of any detention functions; and the 
direction of the United States Marshals Service and Immigration and 
Naturalization Service with respect to the exercise of detention policy 
setting and operations for the Department.

                       office of inspector general

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, $50,735,000; including not to exceed $10,000 to meet unforeseen 
emergencies of a confidential character, to be expended under the 
direction of, and to be accounted for solely under the

[[Page 115 STAT. 750]]

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

[[Page 115 STAT. 751]]

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.

[[Page 115 STAT. 752]]

       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.

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