115 STAT. 220 PUBLIC LAW 107–38—SEPT. 18, 2001

Public Law 107–38

107th Congress

An Act

Making emergency supplemental appropriations for fiscal year 2001 for additional

disaster assistance, for anti-terrorism initiatives, and for assistance in the recovery

from the tragedy that occurred on September 11, 2001, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled, That the

following sums are appropriated, out of any money in the Treasury

not otherwise appropriated, to provide emergency supplemental

appropriations for fiscal year 2001, namely:

EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS

APPROPRIATED TO THE PRESIDENT

EMERGENCY RESPONSE FUND

(INCLUDING TRANSFERS OF FUNDS)

For emergency expenses to respond to the terrorist attacks

on the United States that occurred on September 11, 2001, to

provide assistance to the victims of the attacks, and to deal with

other consequences of the attacks, $40,000,000,000, to remain available until expended, including for the costs of: (1) providing Federal,

State, and local preparedness for mitigating and responding to

the attacks; (2) providing support to counter, investigate, or prosecute domestic or international terrorism; (3) providing increased

transportation security; (4) repairing public facilities and transportation systems damaged by the attacks; and (5) supporting national

security: Provided, That these funds may be transferred to any

authorized Federal Government activity to meet the purposes of

this Act: Provided further, That the Congress designates the entire

amount as an emergency requirement pursuant to section

251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control

Act of 1985: Provided further, That $40,000,000,000 shall be available only to the extent that an official budget request, that includes

designation of the $40,000,000,000 as an emergency requirement

as defined in the Balanced Budget and Emergency Deficit Control

Act of 1985, is transmitted by the President to the Congress: Provided further, That the President shall consult with the chairmen

and ranking minority members of the Committees on Appropriations prior to the transfer of these funds: Provided further, That

of the $40,000,000,000 made available herein, $10,000,000,000 shall

not be available for transfer to any Department or Agency until

15 days after the Director of the Office of Management and Budget

has submitted to the House and Senate Committees on Appropriations a proposed allocation and plan for use of the funds for that

2001 Emergency

Supplemental

Appropriations

Act for Recovery

from and

Response to

Terrorist Attacks

on the United

States.

Sept. 18, 2001

[H.R. 2888]

PUBLIC LAW 107–38—SEPT. 18, 2001 115 STAT. 221

LEGISLATIVE HISTORY—H.R. 2888 (S. 1426):

CONGRESSIONAL RECORD, Vol. 147 (2001):

Sept. 14, considered and passed House and Senate.

Æ

Department or Agency; $20,000,000,000 may be obligated only when

enacted in a subsequent emergency appropriations bill, in response

to the terrorist acts on September 11, 2001: Provided further, That

the President shall transmit an amended budget request proposing

an allocation of funds: Provided further, That not less than onehalf of the $40,000,000,000 shall be for disaster recovery activities

and assistance related to the terrorist acts in New York, Virginia,

and Pennsylvania on September 11, 2001, as authorized by law:

Provided further, That the Director of the Office of Management

and Budget shall provide quarterly reports to the Committees on

Appropriations on the use of these funds, beginning not later than

January 2, 2002: Provided further, That the President shall submit

to the Congress as soon as practicable detailed requests to meet

any further funding requirements for the purposes specified in

this Act.

GENERAL PROVISIONS

SEC. 101. Funds appropriated by this Act, or made available

by the transfer of funds in this Act, for intelligence activities are

deemed to be specifically authorized by the Congress for purposes

of section 504 of the National Security Act of 1947 (50 U.S.C.

414).

SEC. 102. Funds appropriated by this Act, or made available

by the transfer of funds in this Act, may be obligated and expended

notwithstanding section 10 of Public Law 91–672, 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.

This Act may be cited as the ‘‘2001 Emergency Supplemental

Appropriations Act for Recovery from and Response to Terrorist

Attacks on the United States’’.

Approved September 18, 2001.

Reports.