79–694

107TH CONGRESS REPORT " HOUSE OF REPRESENTATIVES ! 2d Session 107–480

MAKING SUPPLEMENTAL APPROPRIATIONS FOR FURTHER RECOVERY 

FROM AND RESPONSE TO TERRORIST ATTACKS ON THE UNITED STATES 

FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2002, AND FOR OTHER 

PURPOSES

MAY 20, 2002.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. YOUNG of Florida, from the Committee on Appropriations, 

submitted the following 

R E P O R T 

together with 

ADDITIONAL VIEWS 

[To accompany H.R. 4775]

The Committee on Appropriations submits the following report in 

explanation of the accompanying bill making supplemental appropriations for further recovery from and response to terrorist attacks 

on the United States for the fiscal year ending September 30, 2002, 

and for other purposes. 

BILL HIGHLIGHTS 

The bill recommended by the Committee includes 

$29,386,894,000 in supplemental appropriations for fiscal year 

2002. That amount includes $15,858,467,000 for national security 

requirements, $15,549,177,000 for nondefense requirements, and 

$2,020,750,000 in offsetting reductions. The bill includes 

$15,767,462,000 for Department of Defense activities; 

$6,329,300,000 for the Department of Transportation, including $3,850,000,000 for activities of the Transportation Security 

Administration and $167,000,000 for emergency relief highways; 

$2,750,000,000 for transportation infrastructure repairs to be 

funded within the Federal Emergency Management Agency; 

$1,597,500,000 for foreign assistance activities, including 

$200,000,000 for child survival and health programs; 

2

$1,000,000,000 for Pell Grants to reduce a projected funding 

shortfall; $450,000,000 for election reform; 

$300,000,000 for dislocated worker re-employment assistance; $417,000,000 for veterans medical care; 

$200,516,000 for embassy security; 

$160,000,000 for activities of the Department of Energy; 

a total of $326,700,000 for first responders, of which $175,000,000 is to be available to the Department of Justice 

and $151,700,000 to the Federal Emergency Management 

Agency; $128,400,000 for activities of the Corps of Engineers; and 

$75,000,000 for special supplemental nutrition program 

(WIC). 

Within the amounts recommended in the bill, a total of 

$5,467,000,000 is provided for the city and state of New York, satisfying the commitment of Federal financial assistance in the wake 

of the terrorist attacks of September 11, 2001. 

SUPPLEMENTAL REQUEST JUSTIFICATION INFORMATION

The Committee is extremely concerned about the failure of the 

Administration to provide timely and adequate materials to support its supplemental appropriations request. 

The Administration sent to Congress its fiscal year 2002 supplemental request on March 21, 2002, six-and-a-half weeks after the 

President submitted his fiscal year 2003 Budget. Because of this 

delay, the Committee was delayed in its consideration of the Administration’s proposals. The ability of the Committee to perform 

a thorough and independent review of the proposals was also impeded by the fact that justification materials for some agencies 

were further delayed, inadequate, or both. 

The Committee is particularly concerned with the information it 

received from the Transportation Security Administration (TSA) regarding the request for $4,400,000,000. At a hearing held more 

than three weeks after submission of the request, officials were unable to explain or justify the details. Although the Department of 

Transportation has provided supporting detail since that time, 

breakdowns of the request and underlying assumptions continue to 

change. In addition, the Committee has received no justification 

supporting TSA’s fiscal year 2003 request of $4.8 billion. The Administration should not expect the Committee to recommend large 

expenditures of public funds without proper justification—even for 

critical activities. Although transmittal documents to the White 

House from the Director, Office of Management and Budget (OMB) 

state ‘‘I have carefully reviewed these proposals and am satisfied 

that they are necessary at this time’’, the narrative accompanying 

the TSA portion of that request indicates quite the opposite. That 

narrative states that $1.945 billion—almost half—of the request ‘‘would be held in reserve until such time as appropriate programmatic needs assessments have been completed and the Administration has a better understanding how such resources are 

best utilized to meet near term security requirements’’. While the 

Committee appreciates the challenges of estimating costs to establish a new agency, the time to complete those assessments is before 

3

funds are requested, not after. And when the Committee holds a 

hearing three weeks after the request is made and those assessments have still not been completed, the failure is more serious. 

Concerning the Department of Defense supplemental request, the 

Committee notes that in general, the Administration’s request was 

based on financial and deployment targets that did not fully address mobilization and operational requirements established by the 

war-fighting components of the Army, Navy, Marine Corps, and Air 

Force. 

The Administration’s supplemental request for the Department 

of Defense was not accurate in several instances. For example, 

OMB requested additional funds for intelligence related activities 

in incorrect and inappropriate accounts. In order to execute the Administration’s proposal for intelligence programs, the Committee is 

recommending changes to specific appropriation accounts. OMB requested certain Military Personnel costs in the military operations 

category instead of the proper category of military mobilization, 

and its cost proposals for Operation Noble Eagle Combat Air Patrol 

has not been revised to reflect the Department of Defense’s modified posture with respect to this operation. 

Justification materials and responses to the Committee’s requests for information to clarify the Department of Defense proposal were not provided in a timely manner and when provided 

were not adequate. For example, information provided by the Administration for sorting the supplemental Defense Emergency Response Fund (DERF) request by standard appropriation accounts 

was not timely and when provided was not precise. The Committee’s repeated requests for detailed justification material for the 

Continuity of Operations request was initially denied by the Administration; subsequent discussions were not sufficiently timely. 

In addition, the Committee believes the Administration failed to 

provide sufficient justification of the significant legislative provisions contained in the Department of Defense supplemental request. This includes provisions that: (1) provided the Secretary of 

Defense authority to offer certain financial rewards; (2) provided 

the Secretary of Defense authority to spend funds on military construction projects; (3) authorized the creation of a new Field Operating Agency; and, (4) granted the Secretary of Defense expansive 

authorities to provide U.S. funds and assistance to foreign nations 

or groups. 

The Committee is likewise concerned with the significant lack of 

information accompanying its request for $175,000,000 for the 

‘‘First Responders’’ program requested through the Federal Emergency Management Agency (FEMA). This request is, in effect, a 

precursor to the $3,500,000,000 requested for First Responders in 

the fiscal year 2003 submission, yet the Administration is still unable to provide sufficient information which explains why this program should be transferred from the Department of Justice (DOJ) 

to FEMA, differentiates between the current program at DOJ and 

what is planned for FEMA, or justifies in any way the specific expenditures proposed for fiscal years 2002 or 2003. While the Congress has previously supported First Responders at DOJ with appropriations approaching $300,000,000 annually, supplemented 

with emergency funding, the current proposals appear to do nothing more than request large amounts of scarce financial resources 

4

without the benefit of a coherent, necessary, short or long-term 

plan. 

The Committee expects that the Administration, and particularly 

OMB, will take seriously the need to provide Congress with timely 

and meaningful materials in support of its budget requests. The 

flagrant and flippant disregard of the need to inform Congress adequately must cease. The Committee has a right to fully review any 

and all Administration’s budget requests, and it is committed to 

faithfully exercising this responsibility on behalf of the American 

taxpayer. If progress on completing appropriations bills is delayed 

because the Administration is not forthcoming with information, 

the responsibility for delay rests solely with the Administration.

CHAPTER 1

DEPARTMENT OF AGRICULTURE 

FOOD SAFETY AND INSPECTION SERVICE

For the Food Safety and Inspection Service, the Committee provides $2,000,000 in contingent emergency funds, to remain available until expended, for non-recurring costs to review foreign-country equivalence agreements and to undertake any additional reviews of foreign plants that the Department may determine are 

necessary as a result of the events of September 11, 2001. 

FOOD AND NUTRITION SERVICE

SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, 

AND CHILDREN (WIC)

The Committee provides $75,000,000, to remain available until 

September 30, 2003, to finance rising participation in WIC and increased costs of WIC food. The funds are to be distributed in a 

manner determined by the Secretary and not by the allocation formula established by section 17(i) of the Child Nutrition Act, in 

order to provide flexibility so that eligible persons nationwide can 

be served by the program. 

ANIMAL AND PLANT HEALTH INSPECTION SERVICE

SALARIES AND EXPENSES

The Committee provides $10,000,000 in contingent emergency 

funds, to remain available until expended, to assist in State efforts 

to prevent and control transmissible spongiform encephalopathy, 

including bovine spongiform encephalopathy, chronic wasting disease, and scrapie, in farmed and free-ranging animals. 

The Committee expects the Secretary to continue to use the authority that it has provided to transfer funds from the Commodity 

Credit Corporation for the arrest and eradication of animal and 

plant pests and diseases that threaten American agriculture, including Sudden Oak Death and Glassy-winged Sharpshooter/

Pierce’s Disease. 

5

NATURAL RESOURCES CONSERVATION SERVICE

WATERSHED REHABILITATION PROGRAM

The Committee recommendation does not include the proposed cancellation of $9,000,000 appropriated in fiscal year 2002 to provide assistance to rehabilitate aging dams. The Committee continues to expect that priorities under this program be given only 

to those structures which pose the highest risk to life and property. 

ADMINISTRATIVE PROVISIONS

SENIOR FARMERS MARKET NUTRITION PROGRAM

The Committee is aware of the request by the Secretary of Agri- culture for the release of $5,000,000 the Commodity Credit Corporation (CCC) funds to supplement appropriated funds for the 

Senior Farmers Market Nutrition Program (SFMNP). The Secretary’s request was consistent with the Committee’s express direction and the Committee commends her for it. The Committee urges 

OMB to approve this request and it strongly urges the Secretary 

to continue to seek additional CCC funds for the program. 

The Committee further notes that the conference report on H.R. 

2646 (H. Rpt. 107–424) provides $5,000,000 in mandatory funding 

for SFMNP for fiscal year 2002. In determining the allocation of 

these funds, the Committee directs the Department to consider 

first the applications for fiscal year 2002 funding that it has received, but has not funded, from applicants that received funding 

for SFMNP in fiscal year 2001, including Wisconsin. 

INTERNATIONAL FOOD ASSISTANCE

The Department of Agriculture has been the leader in international food assistance program. These efforts have been successful in alleviating the problems caused by hunger, as well as in 

opening up new markets for American goods as recipient nations 

develop internal capacity to grow markets. The Committee is concerned that this record of success is not being recognized. The Committee believes that the Department should retain the ability to administer an effective section 416(b) program to use commodity surpluses to respond to the problems of food shortages due to natural 

disasters; the urgent need associated with the displaced civilian 

population in central Asia; the Global Food for Education program; 

efforts to offer alternatives to the madrasses for the education of 

children, including girls, in Afghanistan and Pakistan; and to foster 

internal development of production capability so that regions can 

become more self-reliant. The Department is also expected to continue to provide commodities to private voluntary organizations 

when these entities may be the most effective way of delivering assistance to needy people. 

DEPARTMENT OF HEALTH AND HUMAN SERVICES 

FOOD AND DRUG ADMINISTRATION

SALARIES AND EXPENSES

The Committee provides $18,000,000 in contingent emergency 

funds, to remain available until expended, for the Food and Drug 

6

Administration, Salaries and Expenses, for non-recurring costs related to safety activities in the area of medical devices and radiological health, as a consequence of the events of September 11, 

2001, such as further work on safety standards for radiation scanners, development and marketing of decontamination devices, and 

enhanced review of imported medical devices. 

GENERAL PROVISIONS—THIS CHAPTER

The Committee recommendation includes a provision that prohibits the use of any funds in this or any other Act for the Department of Health and Human Services for the consolidation of the 

Food and Drug Administration Office of Public Affairs or Office of 

Legislation at the Office of the Secretary of Health and Human 

Services. 

The Committee includes language that limits expenditures of the 

Export Enhancement Program. 

CHAPTER 2

DEPARTMENT OF JUSTICE 

GENERAL ADMINISTRATION

SALARIES AND EXPENSES

The Committee recommends $5,750,000, as requested, to continue integration and deployment of the Federal Bureau of Investigation’s and the Immigration and Naturalization Service’s fingerprint identification systems. The entire amount is designated as an 

emergency appropriation. This funding will support deployment to 

ports of entry with the highest volume of passengers and ports of 

entry most used by travelers from countries with terrorist connections. The Department is directed to continue to provide regular 

updates to the Committees on Appropriations regarding the implementation of this initiative, including efforts to ensure that this initiative is developed in concert with the Immigration and Naturalization Service’s Entry Exit System.

LEGAL ACTIVITIES

SALARIES AND EXPENSES, UNITED STATES MARSHALS SERVICE

The Committee recommends $1,000,000 as a contingent emergency appropriation for the U.S. Marshals Service to address increased security requirements associated with high-threat terrorist 

trials. 

FEDERAL BUREAU OF INVESTIGATION

SALARIES AND EXPENSES

The Committee recommends $112,000,000, including 

$102,000,000 as a contingent emergency appropriation, for the FBI 

‘‘Salaries and Expenses’’ account. To continue the FBI’s efforts to 

investigate and thwart further terrorist attacks, the Committee 

recommends $10,000,000, as requested, for the Foreign Terrorist 

Tracking Task Force and another $7,500,000 for its Collaborative 

Capabilities activities. These efforts will enable the FBI to work 

7

collaboratively with State, local and other Federal agencies to keep 

foreign terrorists and their supporters out of the United States or 

to locate, detain and prosecute aliens who are engaged in terrorist 

activities, and to build safeguards into the FBI’s networks in order 

to enable the FBI to communicate electronically with other law enforcement entities without compromising its network security.

The Committee is concerned that the FBI has not hired enough 

foreign language specialists to translate intelligence data, and 

therefore provides an additional $2,000,000 for foreign language 

services. 

The Committee remains concerned with the FBI’s ability to ensure that its systems and information are safeguarded from internal and external threats, and therefore is providing $18,435,000 for 

the FBI’s Information Assurance program. The Committee is also 

providing $8,000,000 for Trilogy contract support. To continue efforts to create a virtual knowledge base for agents and analysts to 

search FBI and other databases, $44,121,000 is provided for investigative data warehousing and data mining tools, and another 

$8,000,000 is provided for digital storage and retrieval of documents related to the September 11th terrorism investigation. The 

FBI is directed to meet with the Committee prior to obligation of 

these funds to ensure that this investment is integrated with the 

Joint Terrorism Task Forces, the Foreign Terrorist Tracking Task 

Force, Trilogy, and the FBI’s Information Assurance Program. To 

ensure continuity of operations, $13,944,000 is provided. 

The Committee directs the FBI to allocate $44,713,000 expected 

to be carried over from funds provided to the FBI under P.L. 107–

117 to expand its Legal Attache ́ program. The Committee understands the growing importance of the FBI’s law enforcement liaison 

programs with foreign countries, particularly those where known 

terrorist organizations may be active, and therefore directs the FBI 

to establish new or expand existing Legal Attache ́ offices in the 

highest priority locations. The FBI is directed to consult with the 

Committee prior to beginning this effort. Of the funding provided, 

$21,000,000 is for infrastructure upgrades at these and existing 

Legal Attache ́ offices. The Committee directs the FBI to ensure 

these infrastructure investments are consistent with and complement Trilogy and the Information Assurance efforts underway 

at the FBI. 

IMMIGRATION AND NATURALIZATION SERVICE

SALARIES AND EXPENSES

ENFORCEMENT AND BORDER AFFAIRS

The Committee recommends $75,000,000 for the Immigration 

and Naturalization Service ‘‘Salaries and Expenses, Enforcement 

and Border Affairs’’ account, including $40,000,000 as a contingent 

emergency appropriation. The Committee recommendation includes $1,000,000 for continued development and implementation of the Entry Exit program. 

This funding, together with the funds provided in P.L. 107–117, 

brings the total funding available for the INS to begin development 

of an Entry Exit System in FY 2002 to $14,300,000. The Committee believes that implementation of this system is vital to proVerDate May 16 2002 09:16 May 21, 2002 Jkt 078866 PO 00000 Frm 00007 Fmt 6659 Sfmt 6602 E:\HR\OC\HR480.XXX pfrm20 PsN: HR480
8

tecting the security of the United States while at the same time facilitating more streamlined visits and commerce to and from the 

country. Therefore, the Committee directs that this system be developed from inception with oversight and input from the appropriate Executive Branch agencies, (including the Justice Department’s Management Division, the Office of Homeland Security, and 

the Office of Management and Budget) and in coordination with 

other law enforcement, border security, and intelligence community 

information systems. The Department is directed to consult with 

the Committee prior to obligating these funds to ensure that this 

system links existing law enforcement and intelligence databases, 

and takes advantage of existing infrastructure and programs already in operation at ports of entry, such as the Dedicated Commuter Lanes program. 

Further, given the importance and uncertain total resource requirements of this program, the Committee directs that the General Accounting Office provide input to the INS and Justice regarding every aspect of program development, including information 

technology plans, infrastructure needs and staffing. The total funding amount also includes $49,000,000 to address 

the shortfall in air and seaport immigration inspection fees collected in the User Fee Account. This one-time appropriation is provided for information technology enhancements and other improvements directed in the FY 2002 Departments of Commerce, Justice, 

and State, the Judiciary and Related Agencies Appropriations Act, 

P.L. 107–77. 

The Committee is extremely concerned about the ability of the 

INS to account for individuals who have been identified for immigration violations but who have absconded on their deportation orders, and believes that the INS has failed to request adequate personnel to manage this effort. Therefore, the Committee recommendation includes $25,000,000 to enable the INS to expand its 

efforts to identify and remove absconders. The INS is directed to 

ensure that these efforts are coordinated with Joint Terrorism Task 

Force and Foreign Terrorist Tracking Task Force efforts. 

OFFICE OF JUSTICE PROGRAMS

JUSTICE ASSISTANCE

The Committee recommends $175,000,000 as an emergency appropriation for the Office of Justice Programs (OJP) for State and 

local domestic preparedness support as authorized by section 1014 

of the USA PATRIOT Act. These funds were included in the Administration’s request under the Federal Emergency Management 

Agency. Funding is provided as outlined in the following table: 

OFFICE OF DOMESTIC PREPAREDNESS

[dollars in thousands] 

Equipment ........................................................................................................ $80,000

Pre-positioned Equipment ....................................................................... (20,000) 

Electronic Dissemination of Terrorism Threat Info. ............................. (10,000) 

State Formula Grants .............................................................................. (50,000) 

Training ............................................................................................................ 45,000

State Formula Grants .............................................................................. (25,000) 

Technical Assistance and Planning ................................................................ 50,000

Total ....................................................................................................... $175,000

9

Equipment.—The Committee provides $80,000,000 for equipment, of which $50,000,000 is to be provided to the States based 

on the approved State-wide strategic plans, $20,000,000 is provided 

for pre-positioned equipment, and $10,000,000 is provided to enhance the Department of Justice’s ability to rapidly and securely 

disseminate terrorist data to State and local law enforcement. The 

Committee understands that OJP is currently evaluating existing 

national information systems used by local law enforcement and 

examining other alternatives for enhancing the electronic dissemination of terrorist data to State and local law enforcement. The 

Committee expects to be kept informed of the Department’s plans 

on utilizing these funds. 

Training.—The Committee provides $45,000,000 for first responder training programs, including $25,000,000 to be provided to 

States on a formula basis. The remaining funding is provided to address the most pressing training requirements. Within the funding 

provided, OJP is expected to implement a comprehensive and aggressive training standardization program. This effort should include developing training standards for each of the public safety 

disciplines that would be involved in a Weapons of Mass Destruction event. These standards are to be provided to the States to ensure that training provided by State and local agencies is consistent with minimum national training standards. The Committee 

expects to be kept informed on OJP’s training standardization efforts, including how the standards will be implemented at the State 

and local level to ensure minimum training standards are being 

met and the maximum number of responders are being trained. 

Technical Assistance and Planning.—The Committee recommends $50,000,000 for technical assistance and planning. The 

Committee expects these funds to be used to assist State and local 

agencies in conducting Weapons of Mass Destruction exercises and 

procuring specialized equipment and training. The funds are also 

provided for OJP to continue to work with the States to update and 

enhance their State-wide domestic preparedness strategies. The 

Committee expects that comprehensive state strategies will address 

immediate State and local needs to effectively respond to all types 

of terrorist or Weapons of Mass Destruction attacks. These plans 

should include the equipment, training, exercise, technical assistance, and planning needs for all types of State and local first responders, including law enforcement, fire, emergency medical services, and hazardous material response. In the development and implementation of their plans, States are expected to consult with 

local governments regarding the scope, design, and allocation of resources so that State and local strategies are consistent. 

CRIME VICTIMS FUND

The Committee directs that remaining unexpended balances of 

funding appropriated under this heading in Public Law 107–117 be 

made available for other authorized programs in addition to counseling programs. 

10

DEPARTMENT OF COMMERCE AND RELATED AGENCIES 

RELATED AGENCIES 

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

SALARIES AND EXPENSES

The Committee recommends $1,100,000 as a contingent emergency appropriation for increased security costs. 

DEPARTMENT OF COMMERCE 

NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES

The Committee recommendation includes $4,000,000, as requested, for standards development for explosive threat detection 

equipment and to strengthen security of the cold neutron reactor. 

The entire amount is designated as an emergency appropriation. 

Further, the Committee directs the NIST to direct $3,000,000 from 

lower priority programs to the investigation of the technical causes 

of the collapse of World Trade Center towers, as proposed in a 

March 2002 reprogramming request. 

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

OPERATIONS, RESEARCH AND FACILITIES

The Committee is aware that an F–4 tornado, with winds of 260 

mph, hit Charles, Calvert, and Dorchester Counties in Maryland on 

April 28, killing five individuals and injuring over 120 more. This 

tornado was preceded six and one half months earlier by an F–3 

tornado in Prince George’s County, Maryland, killing two individuals. The Committee is also aware that between 1950 and 1995, 

the entire State of Maryland experienced only 4 tornadoes as 

strong as an F–3 and none at the F–4 and F–5 level. Recognizing 

the extraordinary strength and devastation of the tornadoes that 

hit Prince George’s County in September of 2001 and Charles, Calvert and Dorchester Counties in April of 2002, the Committee directs the National Weather Service to study whether these tornadoes are the result of weather patterns and/or specific geographic 

features in the mid-Atlantic. The Committee directs the National 

Weather Service to submit this report to the Committee on Appropriations within 180 days of the date of the enactment of this Act. 

The Committee encourages the Administration to evaluate opportunities to file for appeal of the judgement rendered on April 26, 

2002 in U.S. District Court in the matter of Conservation Law 

Foundation v. Donald Evans. 

FISHERIES FINANCE PROGRAM ACCOUNT

The Committee recommendation includes language relating to 

loan program levels under the fisheries finance program. 

11

DEPARTMENTAL MANAGEMENT

SALARIES AND EXPENSES

The Committee recommends $400,000 for increased guard and 

protection services as requested. The entire amount is designated 

as an emergency appropriation.

THE JUDICIARY 

SUPREME COURT OF THE UNITED STATES

CARE OF THE BUILDING AND GROUNDS

The Committee recommends $10,000,000 to address the Supreme 

Court building’s perimeter security needs. The Committee directs 

the Architect of the Capitol to submit a perimeter security implementation plan to the Committee by July 15, 2002. The Committee 

expects perimeter security enhancements for the Supreme Court 

building to be coordinated with other security enhancements being 

implemented in the U.S. Capitol complex.

UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT

SALARIES AND EXPENSES

The Committee strongly supports the security needs of the Court 

and understands that the General Services Administration (GSA) 

is working with the Court to provide for its security needs, including an emergency generator. The Committee also understands that 

the Court is working with GSA and the Administrative Office of 

the U.S. Courts to address additional security needs. As described 

in the Conference Report accompanying P.L. 107–117, the Judiciary shall allocate funding provided in the Court Security account 

for fiscal year 2002 to address the Court’s security requirements, 

as necessary. The Committee directs the Court to submit a status 

report on the implementation of its security upgrades by July 15, 

2002.

COURTS OF APPEALS, DISTRICT COURTS, AND OTHER JUDICIAL

SERVICES

SALARIES AND EXPENSES

The Committee provides $6,258,000 for Salaries and Expenses 

for the courts’ increased costs associated with terrorist-related 

trials, including $3,115,000 as a contingent emergency appropriation. Within the funds provided, $4,343,000 is for perimeter security enhancements, such as protective window film, for courts with 

upcoming terrorist trials, including Alexandria, Virginia, Boston, 

Massachusetts, and New York, New York. In addition, $1,915,000 

is provided to fund the costs associated with closed circuit transmission of the Moussaoui trial to victims of the September 11th attacks. 

12

DEPARTMENT OF STATE AND RELATED AGENCY 

DEPARTMENT OF STATE 

ADMINISTRATION OF FOREIGN AFFAIRS

DIPLOMATIC AND CONSULAR PROGRAMS

The Committee recommends $51,050,000 for the operational and 

security costs of re-establishing missions in Kabul, Afghanistan, 

and Dushanbe, Tajikistan, domestic security needs, mail decontamination and safety requirements, medical services, and expansion of public diplomacy programs. The Committee recommendation includes $17,500,000 for public diplomacy initiatives. 

EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS

The Committee recommends $20,000,000 for exchange programs, 

including $10,000,000 as a contingent emergency appropriation. 

The Committee recommendation includes funding for media training and English teaching programs, among other exchange programs targeted at improving communication and mutual understanding with the Muslim world. The Committee directs the Department to allocate funds provided under this heading in this Act 

for exchange programs involving countries not already covered by 

the Freedom Support Act. 

EMBASSY SECURITY, CONSTRUCTION AND MAINTENANCE

The Committee recommends $200,516,000 for the costs of renovations and new construction on the existing chancery compound in 

Kabul, Afghanistan, and for the costs of site acquisition and construction of a new chancery in Dushanbe, Tajikistan. The Committee notes that projected staffing levels for both posts represent 

dramatic increases over historical levels. In order to ensure that a 

rigorous right-sizing methodology is applied to the staffing of these 

posts, the Committee directs the Department to submit to the Committee detailed staffing plans and justifications for both posts, before obligating funds provided under this heading. 

EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE

The Committee recommendation does not include additional 

emergency appropriations requested under this heading. The Committee understands that sufficient carryover balances in this account are available, and that activities for which funding is requested do not require any additional legal authorities. The Committee therefore expects the Department to cover the costs of such 

activities within available funds under this heading.

INTERNATIONAL ORGANIZATIONS AND CONFERENCES

CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

The Committee recommends $7,000,000 for anticipated United 

Nations assessments to support the new United Nations administrative mission in Afghanistan. 

13

CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES

The Committee recommends $43,000,000 to cover unanticipated 

increased assessments for United Nations Peacekeeping in the 

Democratic Republic of the Congo. The Committee understands 

that this additional assessment is based on the level of U.N. personnel authorized in the current mandate, and does not assume an 

increase in that level. 

RELATED AGENCY 

BROADCASTING BOARD OF GOVERNORS

INTERNATIONAL BROADCASTING OPERATIONS

The Committee recommendation includes $7,400,000 for operational costs to continue surrogate radio broadcasting by Radio 

Free Europe/Radio Liberty to the people of Afghanistan in languages spoken in Afghanistan. The entire amount is designated as 

an emergency appropriation. 

BROADCASTING CAPITAL IMPROVEMENTS

The Committee recommendation includes $7,700,000 as a contingent emergency appropriation for capital requirements associated 

with installation of a medium wave transmission facility in Tunisia 

to support the Board’s Arabic broadcasting initiative. 

RELATED AGENCIES 

SECURITIES AND EXCHANGE COMMISSION

SALARIES AND EXPENSES

The Committee provides $29,300,000 for the Securities and Exchange Commission, including $20,000,000 for 100 additional staff 

to address the Commission’s growing oversight and enforcement 

workload, and $9,300,000 as a contingent emergency appropriation 

for recovery costs for the New York Regional Office, where office 

space was destroyed in the September 11th attacks. 

GENERAL PROVISIONS—THIS CHAPTER

The Committee recommendation includes a provision waiving 

provisions of existing legislation that require authorizations to be 

in place prior to the expenditure of any appropriated funds. 

The Committee recommendation includes a technical correction 

to existing legislation regarding the collection of immigration inspection fees. 

The Committee recommendation includes language authorizing 

the closed circuit televising of the Moussaoui trial for victims of the 

September 11th attacks. 

The Committee recommendation includes language relating to 

participants in the Eisenhower Exchange Fellowship program.

14

CHAPTER 3

DEPARTMENT OF DEFENSE—MILITARY 

The supplemental request included $14,022,000,000 for the Department of Defense for military operations in support of the war 

on terrorism worldwide as well as the homeland security missions 

being carried out by our armed forces. This supplemental funding 

would pay reserve and national guard personnel who have been 

mobilized or volunteered for active duty; accelerate production of 

precision munitions; procure certain special operations equipment; 

fund continued Command, Control, Communications, and Intelligence (C31) support to military operations, including the National 

Foreign Intelligence Program (NFIP), and enhanced communications and control for the Combatant Commanders and the White 

House. 

The Committee recommends $15,777,962,000 for continuing sup- port to the war on terrorism, a net increase of $1,755,962,000 over 

the request, to address urgent requirements necessary to the war 

fighting effort and homeland defense. The additional funds over the 

request are for military operations and force readiness needs, costs 

associated with mobilization of the guard and reserves, replacement helicopters, chemical agent detection and destruction activities, and the purchase of aircraft radios to allow direct communications between military and civilian aircraft. The Committee believes these activities are vital to ensuring readiness for ongoing 

and potential anti-terrorism combat operations. 

As requested by the President, the Committee has provided the 

majority of funding for Defense Department activities in the Defense Emergency Response Fund. The Committee directs the Department of Defense to transfer funds appropriated in the DERF 

to the Department’s normal appropriations accounts for execution 

and that the Department separately track the cost of the war effort, and continue quarterly reporting as required by the Conference Report (H.R. 107–350) to the Fiscal Year 2002 Department 

of Defense Appropriations Act, Public Law 107–117. The entire 

amount appropriated to the DERF in this Act is to be addressed 

in the quarterly reports. 

The Committee recognizes the difficulty involved in precisely predicting the conduct of military operations in an area extremely remote from the United States and in which existing infrastructure 

is quite limited. Accordingly, the Committee has recommended extending the availability of the Defense Emergency Response Fund 

in order to facilitate efficient execution. 

MILITARY PERSONNEL

The supplemental request included $206,000,000 for functions 

funded in title I, Military Personnel, of the Department of Defense 

Appropriations Act. The Committee recommends $206,000,000. The 

following table summarizes the requested amounts and the Committee recommendations.

[In thousands of dollars] 

Program Request Committee

recommendation Change 

Military Personnel, Air Force ........................................................... $206,000 $206,000 0

15

[In thousands of dollars] 

Program Request Committee

recommendation Change 

Personnel Readiness .............................................................. (206,000) (206,000) (0)

OPERATION AND MAINTENANCE

The supplemental request included $923,500,000 for functions 

funded in title II, Operation and Maintenance, of the Department 

of Defense Appropriations Act. The Committee recommends 

$1,092,225,000. The following table summarizes the requested 

amounts and the Committee recommendations.

[In thousands of dollars] 

Program Request Committee

recommendation Change 

Operation and Maintenance, Army ................................................. $107,000 $226,000 +119,000

C3I Classified ........................................................................ (101,800) (103,800) (+2,000) 

C3I Site R .............................................................................. (5,200) (5,200) (0) 

Overseas Contingency Operations ......................................... (0) (117,000) (+117,000) 

Operation and Maintenance, Navy ................................................. 36,500 53,750 +17,250

C3I Classified ........................................................................ (36,500) (53,750) (+17,250) 

Operation and Maintenance, Air Force ........................................... 41,000 60,500 +19,500

C3I Classified ........................................................................ (32,000) (51,500) (+19,500) 

Weapons and Munitions—UAV .............................................. (9,000) (9,000) (0) 

Operation and Maintenance, Defense-Wide ................................... 739,000 751,975 +12,975

C3I Classified ........................................................................ (283,600) (296,575) (+12,975) 

C3I Homeland Security IT ...................................................... (32,000) (32,000) (0) 

C3I White House Communications ........................................ (3,400) (3,400) (0) 

C3I Coalition Support ............................................................ (420,000) (420,000) (0)

DEFENSE EMERGENCY RESPONSE FUND

The supplemental request included $11,300,000,000 for incremental costs of military operations and mobilization to conduct the 

global war on terrorism. The Committee recommends 

$12,693,972,000. The following table summarizes the requested 

amounts and the Committee recommendations.

[In thousands of dollars] 

Program Request Committee recommendation Change 

Army ................................................................................................ $3,550,700 $4,112,700 +562,000

Military Operations ................................................................. (2,161,000) (2,326,000) (+165,000) 

Mobilization ............................................................................ (1,389,700) (1,786,700) (+397,000) 

Navy ................................................................................................ 2,240,200 2,633,200 +393,000

Military Operations ................................................................. (1,826,000) (2,002,000) (+176,000) 

Mobilization ............................................................................ (414,200) (631,200) (+217,000) 

Marine Corps ................................................................................... 257,800 261,800 +4,000

Military Operations ................................................................. (51,000) (51,000) (0) 

Mobilization ............................................................................ (206,800) (210,800) (+4,000) 

Air Force .......................................................................................... 3,795,500 4,130,572 +335,072

Military Operations ................................................................. (1,947,000) (2,110,072) (+163,072) 

Mobilization ............................................................................ (1,848,500) (2,020,500) (+172,000) 

Defense-Wide .................................................................................. 1,455,800 1,555,700 +99,900

Military Operations/Classified Activities ................................ (1,212,000) (1,311,900) (+99,900) 

Mobilization (Defense Health Program) ................................. (243,800) (243,800) (0)

TRANSFER TO PROCUREMENT ACCOUNTS

The Committee has included language in the accompanying bill 

which allows the Secretary of Defense to transfer funds from the 

16

DERF to procurement accounts of the Department of Defense. The 

Committee directs that the funds transferred to procurement accounts shall be used only for the purpose of acquiring repair parts 

and components, including kits, assemblies and subassemblies, and 

interceptor body armor including small arms protective insert 

plates and outer tactical vests. 

ARMY OPERATIONS AND MOBILIZATION

Supplemental funding of $4,112,700,000 is recommended for the 

Army in the DERF account. The recommendation is an increase of 

$562,000,000 above the amount requested and includes an additional $165,000,000 for military operations (training, spares and 

base operations) and an additional $397,000,000 only for mobilization costs. The Committee directs that $20,000,000 of the funds 

provided to the Army in the DERF be available only to accelerate 

fielding of next generation protective body armor to U.S. forces in 

high-risk locations. Experience in Afghanistan has already shown 

that the new Interceptor body armor provides soldiers far greater 

protection than the standard ‘‘flak vest’’, especially against high velocity rounds. The Committee expects these funds to provide 12,000 

sets of Small Arms Protective Insert Plates ($13,000,000) and 9,434 

sets of Outer Tactical Vests ($7,000,000). 

NAVY OPERATIONS AND MOBILIZATION

Supplemental funding of $2,633,200,000 is recommended for the 

Navy in the DERF account. The recommendation is an increase of 

$393,000,000 above the amount requested and includes an additional $176,000,000 for military operations (training, spares and 

depot maintenance), of which $2,000,000 is available for NASNI facility renovation project #18–99, and an additional $217,000,000 

only for mobilization costs. 

MARINE CORPS OPERATIONS AND MOBILIZATION

Supplemental funding of $261,800,000 is recommended for the 

Marine Corps in the DERF account. The recommendation is an increase of $4,000,000 above the amount requested only for additional mobilization costs. 

AIR FORCE OPERATIONS AND MOBILIZATION

Supplemental funding of $4,130,572,000 is recommended for the 

Air Force in the DERF account. The recommendation is an increase 

of $335,072,000 above the amount requested and includes an additional $163,072,000 for military operations (base operations and 

depot maintenance), of which $1,500,000 is available for NAIC’s 

TRV project, and $7,000,000 is available only for Predator B flying 

hours, testing and related costs, and an additional $172,000,000 

only for mobilization costs. 

DEFENSE-WIDE OPERATIONS AND MOBILIZATION

Supplemental funding of $1,555,700,000 is recommended for Special Operations Command and other Defense-Wide activities in the 

DERF account. The recommendation includes an increase of 

$100,000,000 above the amount requested, to support classified 

programs (discussed in the classified annex to this report), as well 

17

as transfer authority for these activities; and a reduction of 

$100,000 to the budget request for administrative activities of the 

Department of Defense. 

DEFENSE FORCE PROTECTION REQUIREMENTS

The Committee notes that even though billions of dollars have 

been appropriated to enhance force protection capabilities around 

the world over the last several years, there continues to be a large 

and growing number of unfunded force protection needs as threat 

levels change and new circumstances arise. The Committee needs 

to be assured that the Department of Defense is developing its 

force protection requirements and setting its force protection priorities according to a rigorous analysis that is systematic, standardized, and site specific. The Secretary of Defense is directed to submit a report to the congressional defense committees within 45 

days of enactment of this Act that (1) describes in detail the process by which force protection requirements are set and priorities 

are determined by each service, and how priorities are determined 

between the validated requirements of different services; (2) breaks 

down the annual funds appropriated and obligated for force protection improvements by service and by major project category for fiscal years 1998–2002, and what funds are programmed annually for 

fiscal years 2003–2008; (3) lists the validated unfunded force protection requirements for each military service for fiscal year 2003 

and beyond; (4) breaks down the number of AC/RC personnel that 

have been dedicated to force protection for each fiscal year from 

1998 through 2002 by service and explains the PERSTEMPO impacts that current high security workloads are having on the operational readiness and quality of life for military personnel; (5) explains how technology can be used to replace or augment manpower-intensive security practices and how such practices are being 

comprehensively and systematically analyzed to assess the potential of replacing personnel with technological solutions.

PROCUREMENT

The supplemental request included $1,429,800,000 for functions 

funded in title III, Procurement, of the Department of Defense Appropriations Act. The Committee recommends $1,454,265,000. The 

following table summarizes the requested amounts and the Committee recommendations.

[In thousands of dollars] 

Program Request Committee recommendation Change 

Other Procurement, Army ................................................................ $79,200 $79,200 0

C3I Classified ........................................................................ (10,400) (10,400) (0) 

C3I Site R .............................................................................. (68,800) (68,800) (0) 

Aircraft Procurement, Navy ............................................................. 22,800 22,800 0

C3I Classified ........................................................................ (8,000) (8,000) (0) 

C3I White House Communications ........................................ (14,800) (14,800) (0) 

Procurement of Ammunition, Navy and Marine Corps ................... 262,000 262,000 0

Weapons and Munitions—JDAM ............................................ (262,000) (262,000) (0) 

Other Procurement, Navy ................................................................ 2,500 2,500 0

C3I Classified ........................................................................ (2,500) (2,500) (0) 

Procurement, Marine Corps ............................................................ 3,500 3,500 0

C3I Classified ........................................................................ (3,500) (3,500) (0) 

Aircraft Procurement, Air Force ...................................................... 93,000 129,500 +36,500

18

[In thousands of dollars] 

Program Request Committee

recommendation Change 

Weapons and Munitions—UAV .............................................. (93,000) (93,000) (0) 

F–15 VHF Radios ................................................................... (0) (36,500) (+36,500) 

Procurement of Ammunition, Air Force ........................................... 115,000 115,000 0

Weapons and Munitions—JDAM ............................................ (115,000) (115,000) (0) 

Other Procurement, Air Force .......................................................... 752,300 735,340 ¥16,960

C3I Classified ........................................................................ (752,300) (735,340) (¥16,960) 

Procurement, Defense-Wide ............................................................ 99,500 104,425 +4,925

C3I Classified ........................................................................ (46,900) (51,825) (+4,925) 

C3I White House Communications ........................................ (14,800) (14,800) (0) 

Weapons and Munitions—Task Force 160 ........................... (12,800) (12,800) (0) 

Weapons and Munitions—Non Standard Ammunition ......... (6,400) (6,400) (0) 

Weapons and Munitions—Standard Ammunition ................. (1,000) (1,000) (0) 

Weapons and Munitions—Helicopter Weapons ..................... (3,500) (3,500) (0) 

Weapons and Munitions—APQ Radar Overheat Mitigation .. (3,300) (3,300) (0) 

Weapons and Munitions—MH–60 Enhancement .................. (8,600) (8,600) (0) 

Weapons and Munitions—CAS Suite .................................... (2,200) (2,200) (0)

UNMANNED AERIAL VEHICLES (UAVS)

The Emergency Supplemental request includes a total of $125,000,000 for various unmanned aerial vehicle (UAV) programs. 

The Committee has provided a total of $102,000,000 as follows:

Aircraft Procurement, Air Force 

1. Global Hawk High Altitude Endurance UAV: 

Replacement of air vehicle and sensor suite ......................... $35,000,000

Backfill for cameras P1 and P2 .............................................. 13,000,000

2. Predator Medium Altitude UAV: 

Accelerate air vehicle production, support weaponization ... 45,000,000

Operation and Maintenance, Air Force 

Predator Medium Altitude UAV: 

Contractor logistics support, spares, equipment ................... 9,000,000

The Committee does not agree to provide the $23,000,000 in Research, Development, Test and Evaluation funds as requested for 

the high band subsystem SIGINT requirements for the Global 

Hawk. 

The Committee is not opposed to this effort, it is simply opposed 

to accommodating the requirement in this supplemental. In fact, in 

its March 8, 2002 letter to the Secretary of the Air Force, the Committee stressed its support for the high band subsystem SIGINT requirement by directing that it be accommodated with funds remaining subsequent to the acquisition of an RC–135 acquired with 

appropriations made available in a previous supplemental. The 

Committee remains convinced this is the best method of accommodating this requirement. 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION

The supplemental request included $162,700,000 for functions 

funded in title IV, Research, Development, Test and Evaluation, of 

the Department of Defense Appropriations Act. The Committee recommends $189,000,000. The following table summarizes the requested amounts and the Committee recommendations.

[In thousands of dollars] 

Program Request Committee

recommendation Change 

Research, Development, Test and Evaluation, Army ...................... $8,200 $8,200 0

19

[In thousands of dollars] 

Program Request Committee

recommendation Change 

Weapons and Munitions—Hemostatic Dressing ................... (8,200) (8,200) (0) 

Research, Development, Test and Evaluation, Navy ...................... 19,000 9,000 ¥10,000

C3I Classified ........................................................................ (10,000) (0) (¥10,000) 

C3I White House Communications ........................................ (9,000) (9,000) (0) 

Research, Development, Test and Evaluation, Air Force ............... 60,800 99,800 39,000

C3I Classified ........................................................................ (37,800) (99,800) (+62,000) 

Weapons and Munitions–UAV ................................................ (23,000) (0) (¥23,000) 

Research, Development, Test and Evaluation, Defense-Wide ........ 74,700 72,000 ¥2,700

C3I Classified ........................................................................ (74,700) (52,000) (¥22,700) 

Remote CB Agent Vapor Detection System ........................... (0) (20,000) (+20,000)

REMOTE CHEMICAL AND BIOLOGICAL AGENT VAPOR DETECTION

SYSTEM

The Committee is aware that the Department has initiated testing to employ commonly used radars in the detection of chemical 

and biological agents. Early results of the testing indicate this remote chemical and biological agent vapor detection system used in 

conjunction with Doppler radar sites has the potential to provide 

a rapid chemical and biological defense umbrella for the nation. 

The Committee has provided $20,000,000 above the budget request 

to further pursue this initiative. The Committee directs the Undersecretary of Defense for Acquisition, Technology and Logistics to 

submit to the congressional defense committees within 45 days of 

enactment of this Act, a program plan to accelerate the development, testing, training and deployment of this system at 153 existing Doppler radar sites of the National Weather Service and the 

Federal Aviation Administration. The plan shall include a budget 

profile for fiscal year 2002 and fiscal year 2003 including the use 

of these funds for software development, installation of a new monitoring system, training of operators, and continuing operations, 

and be coordinated on an expedited basis with the FAA, NOAA, 

Coast Guard, EPA, and the NWS to ensure successful implementation.

CRUSADER NEXT GENERATION ARTILLERY SYSTEM

The Committee has received testimony from three Secretaries of 

Defense, three Secretaries of the Army and three Army Chiefs of 

Staff as to the importance of the Crusader Next Generation Artillery System in protecting American troops in battle. 

In light of the recently announced plans of the Secretary of Defense, to completely change direction on this program, the Committee believes that further review is essential before it can make 

an informed and definitive judgment. The Committee therefore directs that the Secretary of Defense shall take no action that would 

precipitously stop work on the Crusader program until Congress 

has made a definitive judgment in legislation on the future of the 

program. 

Further, the Committee directs the Secretary to submit a report 

to Congress no later than June 15, 2002, which shall lay out and 

assess a recommended alternative to the Crusader program that 

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frame as the existing plan for the Crusader program, as measured 

by: 

(1) flexibility and responsiveness of fires; 

(2) continuous, accurate and sustained rates of fire and rates 

of kill in all weather conditions; 

(3) employment in proximity to friendly forces to support 

close combat (less than one kilometer); 

(4) resupply and sustainability; 

(5) cost of munitions; 

(6) force structure supportability; 

(7) mobility to fully meet tactical requirements of the 

counter-attack corps; 

(8) system and crew survivability; 

(9) lethality to destroy, isolate, fix and suppress enemy 

forces; and 

(10) networked fires to link and process intelligence, surveillance and reconnaissance (ISR), command and control (C2), 

fires and logistics data in real time. 

The Committee also directs the Chief of Staff of the Army to submit a separate detailed written analysis of alternatives to the Crusader based on the same criteria by June 15, 2002. 

CLASSIFIED PROGRAMS

The Committee’s recommendations regarding classified programs 

are summarized in a classified annex accompanying this report. 

GENERAL PROVISIONS—THIS CHAPTER

Section 301 of the Committee bill includes a general provision requested in the supplemental request which would include language 

to ‘‘Research, Development, Test and Evaluation, Navy’’ to permit 

funds be used for the Special Operations Forces requirements related to the V–22. 

Section 302 of the Committee bill amends a general provision requested in the supplemental request concerning obligation of funds 

in the Defense Cooperation Account to be transferred, following 

prior notification to the congressional defense committees, to other 

appropriations accounts. 

Section 303 of the Committee bill amends a general provision requested in the supplemental request which allows the President to 

waive certain certification requirements required in the Cooperative Threat Reduction Act and the Freedom Support Act. 

Section 304 of the Committee bill includes a general provision requested in the supplemental request concerning funds for intelligence related programs. 

Section 305 of the Committee bill amends a general provision requested in the supplemental to change the deadline for submitting 

a request for multiple reprogrammings to the Congress. 

Section 306 of the Committee bill includes a general provision requested in the supplemental request which makes funds available 

in ‘‘Chemical Agents and Munitions Destruction, Army’’ available 

for the payment of costs for international inspectors. 

Section 307 of the Committee bill amends a general provision requested in the supplemental request which allows broader authority to the Department of Defense for assistance to Colombia. 

21

Section 308 of the Committee bill includes a new general provi- sion which provides $93,000,000 to acquire three MH–47 helicopters for the Special Operations Command. The Committee is 

aware that there is an urgent need for a total of nine additional 

MH–47s to support current mission requirements. The Committee 

has been advised that three CH–47D helicopters are being purchased and modified to the MH–47 configuration with Defense 

Emergency Response Funds previously provided by the Committee, 

and that the funding provided in this bill will allow for the purchase and modification of an additional three helicopters. The Committee directs the Secretary of Defense to provide a report to the 

congressional defense committees outlining the Department’s plans 

to acquire additional MH–47 helicopters to meet these urgent requirements not later than 30 days after enactment of this act. 

Section 309 of the Committee bill includes a new general provi- sion which provides $100,000,000 to accelerate chemical agent destruction programs.

Section 310 of the Committee bill includes a new general provi- sion which rescinds $29,000,000 of prior year appropriations in 

‘‘Other Procurement, Air Force, 2001/2003’’ and $30,000,000 in ‘‘Procurement, Defense-Wide, 2002/2004.’’ Section 311 of the Committee bill includes a new general provision which states that Section 2533a of title 10 does not apply to 

Section 8159 of Public Law 107–117. 

Section 312 of the Committee bill amends a general provision requested in the supplemental request, and provides authority for the 

Secretary of Defense to use funds available in the ‘‘Defense Emergency Response Fund’’ to reimburse cooperating nations for 

logistical and military support provided to the United States military in connection with the war on terrorism. 

As provided for in section 312, ‘‘goods and services’’ includes the 

provision to U.S. forces of items such as petroleum, oil and lubricants, ground transportation, airlift, base operations support, 

spares and components replenishment, repair and maintenance, 

communications and communications services, ammunition, special 

rations food, special climate clothing, and surveillance and intelligence support. 

The Administration’s supplemental request proposed a new general provision to amend Section 8052(b) of the Department to Defense Appropriations Act for fiscal year 2002, which prohibits the 

establishment of a field operating agency except in cases where the 

Secretary of Defense certifies that granting a waiver to establish a 

field operating agency will result in reduced personnel or financial 

requirements for the Department. The Administration proposed 

adding a third waiver provision, the intent of which was to permit 

the establishment of a new field operating agency, the Pentagon 

Force Protection Agency (PFPA) in fiscal year 2002, with the goal 

of providing enhanced security of defense facilities and personnel 

in the National Capital Region, in particular the Pentagon Reservation. The security is currently provided by the Washington 

Headquarters Services, as augmented by military police units of 

the Reserves and National Guard. 

The Committee bill does not include the requested general provision. The Committee wants to ensure that the direction taken to 

enhance security for defense facilities and personnel in the NaVerDate May 16 2002 09:16 May 21, 2002 Jkt 078866 PO 00000 Frm 00021 Fmt 6659 Sfmt 6602 E:\HR\OC\HR480.XXX pfrm20 PsN: HR480
22

tional Capital Region, including the Pentagon Reservation is based 

upon a thorough analysis that is carefully crafted, executed and reviewed. The Committee directs the Secretary of Defense to submit 

a report to the congressional defense committees within 30 days of 

enactment of this Act, on the cost, necessity, and expected benefits 

of establishing the Pentagon Force Protection Agency. The Committee expects this report to include a description of how a new organization would operate compared to the operations currently 

managed by the Washington Headquarters Services, why this organization would be expected to provide better security protection 

than under the previous management structure, a comparison of civilian and military personnel assigned to security services under 

the old and new structures, a comparison of total costs under the 

old and new structures for providing security in the national capital region for fiscal years 2001 and 2002, and expected annual 

costs for 2003–2008 by service and by major expense category, and 

a description of technology upgrades that have been or will be employed to reduce overall personnel costs and improve security.

CHAPTER 4

DISTRICT OF COLUMBIA 

DISTRICT OF COLUMBIA FUNDS

OPERATING EXPENSES

DIVISION OF EXPENSES

GOVERNMENTAL DIRECTION AND SUPPORT

The Committee amends language contained in the District of Columbia Appropriations Act, 2002 to allow the funds provided to the 

Office of the Corporation Counsel to be used to support attorney 

compensation consistent with performance measures contained in a 

negotiated collective bargaining agreement. 

PUBLIC EDUCATION SYSTEM

(RESCISSION)

The Committee rescinds $37,000,000 of the Public Charter School 

surplus. This surplus resulted from a lower than projected student 

enrollment and will be used to address shortfalls in the Child and 

Family Services Agency and the Department of Mental Health. 

HUMAN SUPPORT SERVICES

From funds rescinded under the public education system, the 

Committee recommends $11,000,000 for the Child and Family 

Services Agency to address increased adoption case rates, higher 

case loads for adoption, and emergency group home utilization and 

$26,000,000 for the Department of Mental Health to address a 

Medicaid revenue shortfall. 

23

REPAYMENT OF LOANS AND INTEREST

(RESCISSION)

The Committee rescinds $7,950,000 from repayment of loans and 

interest. This funding is available due to lower interest rates and 

borrowing. 

CERTIFICATES OF PARTICIPATION

From funds rescinded under repayment of loans and interest, the Committee recommends $7,950,000 to be used for certificates of 

participation. 

ADMINISTRATIVE PROVISION

The Committee amends language contained in the District of Columbia Appropriations Act, 2002 to allow grants to be delivered 

after 14 calendar days of receipt by Council (barring no written notice of disapproval by a Council member) instead of requiring 

Council to pass a law to approve every grant notification submitted 

for approval. 

GENERAL PROVISIONS—THIS CHAPTER

Sec. 401. The Committee includes a provision to allow the District of Columbia to use up to 1 percent of the funds appropriated 

to the District of Columbia under the Department of Defense and 

Emergency Supplemental Appropriations for Recovery From and 

Response to Terrorist Attacks on the United States Act, 2002 to 

fund the administrative costs that are needed to fulfill the purposes 

of that Act. 

Sec. 402. The Committee amends language contained in the District of Columbia Appropriations Act, 2002 to clarify that the DC 

Courts are allowed to transfer 50 percent of the fund balance from 

the Crime Victims Compensation Fund to the District’s newly established Crime Victims Fund for outreach activities. 

Sec. 403. The Committee includes a provision to allow any funds 

not required to meet the seven percent cash reserve balance to be 

used to address potential deficits in addition to Pay-As-You-Go 

Capital Funds. 

CHAPTER 5

DEPARTMENT OF DEFENSE—CIVIL 

DEPARTMENT OF THE ARMY 

CORPS OF ENGINEERS—CIVIL

OPERATION AND MAINTENANCE, GENERAL

The Committee has provided $128,400,000 for the Corps of Engineers to continue to undertake security improvements at its facilities. The funds will be used for continuing assessments of security 

requirements, the implementation of Department of the Army force 

protection standards at critical infrastructure projects and other facilities, and for increased requirements under the Corps’ National 

Emergency Preparedness Program. The Committee has also included language which would permit these funds and funds approVerDate May 16 2002 09:16 May 21, 2002 Jkt 078866 PO 00000 Frm 00023 Fmt 6659 Sfmt 6602 E:\HR\OC\HR480.XXX pfrm20 PsN: HR480
24

priated under Public Law 107–117 to be used at any facility owned 

or operated by, or on behalf of, the Corps of Engineers, including 

administrative buildings and facilities. The entire amount has been 

designated by the Congress as an emergency requirement pursuant 

to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. 

The availability of these funds is contingent on receipt of a budget request from the President designating the requested funds as 

an emergency requirement pursuant to the Balanced Budget and 

Emergency Deficit Control Act of 1985, as amended.

DEPARTMENT OF ENERGY 

ENERGY PROGRAMS

SCIENCE

The Committee has provided an additional $29,000,000 for the 

Office of Science to enhance safeguards and security at DOE 

Science laboratories. These funds are to be used to provide additional physical and cyber security to protect vulnerable facilities, 

materials, and information. The Administration’s supplemental request included no additional funds for this activity. 

The availability of these funds is contingent on receipt of a budget request from the President designating the requested funds as 

an emergency requirement pursuant to the Balanced Budget and 

Emergency Deficit Control Act of 1985, as amended. 

NATIONAL NUCLEAR SECURITY ADMINISTRATION

WEAPONS ACTIVITIES

The Committee has provided an additional $125,400,000 for 

Weapons Activities, an increase of $106,000,000 over the budget request. The recommendation includes the budget request of 

$19,400,000 for nuclear weapons incident response and emergency 

response activities. Additional funding of $18,000,000 has been provided for secure 

transportation of nuclear weapons and nuclear materials. Additional funding of $88,000,000 has been provided for increased safeguards and security needs at the Department’s nuclear 

weapons facilities in fiscal year 2002. Of this funding, a minimum 

of $15,000,000 is provided for the Pantex Plant in Texas and 

$30,000,000 for the Y–12 Plant in Tennessee. 

Funding of $19,400,000 has been designated by the President as 

an emergency requirement pursuant to the Balanced Budget and 

Emergency Deficit Control Act of 1985, as amended. The availability of the remaining $106,000,000 is contingent on receipt of a 

budget request from the President designating the entire amount 

as an emergency requirement pursuant to the Balanced Budget 

and Emergency Deficit Control Act of 1985, as amended. 

DEFENSE NUCLEAR NONPROLIFERATION

The Committee has provided an additional $5,000,000 for Defense Nuclear Nonproliferation to enhance international safeguards 

activities. The Administration’s supplemental budget request included no additional funds for these activities. In addition to the 

25

new funding of $5,000,000, the Committee directs the Department 

to provide an additional $10,000,000 from within available funds 

for international safeguards activities. The $10,000,000 includes 

$6,000,000 to be derived from funds appropriated in fiscal year 

2001 to construct a civilian spent nuclear fuel storage facility which 

has been cancelled and $4,000,000 from unobligated balances in 

the defense nuclear nonproliferation program. 

An important complement to the United States campaign against 

nuclear proliferation and nuclear terrorism is the International 

Atomic Energy Agency’s (IAEA) role in establishing nuclear safeguards to protect non-Russian plutonium and uranium in facilities 

around the world. The Department of Energy plans to expand its 

support to IAEA nuclear material security programs. To expedite 

this effort, the Committee has provided a total of $15,000,000. 

Funding of $6,000,000 is provided for the U.S.-DPRK Agreed 

Framework; $4,000,000 is provided for additional IAEA safeguards 

and nonproliferation policy support for specific countries under 

safeguards; and $5,000,000 is provided for nuclear materials security programs in IAEA member countries. 

The Committee directs that within fifteen days of enactment of 

this Act, the Deputy Administrator for Defense Nuclear Nonproliferation shall submit a report to the Armed Services and Appropriations Committees of Congress to indicate which nuclear 

non-proliferation programs were reduced to implement this direction and by what amounts. The total of $15,000,000 provided above for International Safeguards, plus the amount appropriated by Congress in the Energy 

and Water Development Appropriations Act for fiscal year 2002 for 

International Safeguards, is hereby designated to be of special Congressional interest. These funds may only be used for International 

Safeguards and may not be reprogrammed to other purposes. The 

Committee further directs the Secretary of Energy to ensure that 

the additional funds provided in this bill are obligated by September 30, 2002 for the specific purposes identified by the Committee. 

It is the Committee’s intent that these additional funds be used 

in a manner that provides demonstrable near-term results in improving global security of nuclear materials. To that end, until further notice, the Committee directs the Deputy Administrator for 

Defense Nuclear Nonproliferation to submit a monthly report to 

the Armed Services and Appropriations Committees of Congress on 

the status of these funds, the specific activities initiated, and the 

status of each activity until completed. 

The availability of these funds is contingent on receipt of a budget request from the President designating the requested funds as 

an emergency requirement pursuant to the Balanced Budget and 

Emergency Deficit Control Act of 1985, as amended. 

ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES

DEFENSE ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT

The Committee has provided an additional $67,000,000 for Defense Environmental Restoration and Waste Management to enhance safeguards and security at several Department of Energy environmental management cleanup sites. These funds are to be used 

26

to provide additional physical and cyber security to protect vulnerable facilities, materials, and information. The Administration’s 

supplemental budget request included no additional funds for these 

activities. 

The availability of these funds is contingent on receipt of a budget request from the President designating the requested funds as 

an emergency requirement pursuant to the Balanced Budget and 

Emergency Deficit Control Act of 1985, as amended. 

DEFENSE FACILITIES CLOSURE PROJECTS

The Committee has provided an additional $16,600,000 for Defense Facilities Closure Projects to enhance safeguards and security 

at several Department of Energy sites. These funds are to be used 

to provide additional physical and cyber activity security to protect 

vulnerable facilities, materials, and information. The Administration’s supplemental budget request included no additional funds for 

these activities. 

The availability of these funds is contingent on receipt of a budget request from the President designating the requested funds as 

an emergency requirement pursuant to the Balanced Budget and 

Emergency Deficit Control Act of 1985, as amended. 

OTHER DEFENSE ACTIVITIES

The Committee has provided an additional $7,000,000 for Other 

Defense Activities for critical energy security and assurance activities, the same as the budget request. Of these funds, $4,200,000 is 

to fund vulnerability assessments of critical energy infrastructure 

sites around the Nation; $1,800,000 is to provide training for energy emergencies; and $1,000,000 is for the program direction account to fund Federal employees and related logistical support necessary to implement critical energy assurance activities. 

The entire amount has been designated by the President as an 

emergency requirement pursuant to the Balanced Budget and 

Emergency Deficit Control Act of 1985, as amended.

CHAPTER 6

BILATERAL ECONOMIC ASSISTANCE 

FUNDS APPROPRIATED TO THE PRESIDENT

UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

CHILD SURVIVAL AND HEALTH PROGRAMS FUND

The Committee recommendation includes $200,000,000, to remain available until December 30, 2002, for emergency expenses 

for activities related to combating AIDS, tuberculosis, and malaria. 

Bill language is also recommended that provides that funds made 

available in this or prior Acts under this heading and under the 

heading ‘‘Child Survival and Disease Program Fund’’ for the Global 

Fund to Fight AIDS, Tuberculosis, and Malaria shall not exceed 40 

percent of the total resources pledged by all donors to the Global 

Fund for calendar year 2002. In addition, the entire amount is designated by the Congress as an emergency requirement pursuant to 

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

27

Control Act of 1985, as amended, and shall be available only to the 

extent an official budget request that includes designation of the 

entire amount of the request as an emergency requirement as defined in said Act is transmitted by the President to the Congress. 

INTERNATIONAL DISASTER ASSISTANCE

The Committee is recommending $190,000,000 for ‘‘International 

Disaster Assistance’’, rather than $40,000,000 as requested by the 

President. These funds include $150,000,000 for activities in Afghanistan and, if feasible, not to exceed $40,000,000 in adjacent 

Federally Administered Tribal Areas (FAA) in Pakistan. The President requested $40,000,000 for projects in FATA under the heading 

‘‘Economic Support Fund’’. These funds would be available for obligation until September 30, 2003, and would become available for 

obligation only to the extent an official budget request that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by 

the President to the Congress. 

The Committee notes that in several appropriations accounts, including ‘‘International Disaster Assistance’’, the President’s request 

specifies that supplemental funds would be available for obligation 

until September 30, 2002. The only exceptions are funds requested 

in several accounts for assistance for Afghanistan. The Committee 

strongly supports the programming and obligation of supplemental 

funds prior to the end of the current fiscal year, and has only provided flexibility in an effort to avoid the unintentional lapse of 

funds due to events beyond the control of the implementing agencies. 

The funds for Pakistan had been requested under ‘‘Economic 

Support Fund,’’ to be administered by the Bureau of International 

Narcotics and Law Enforcement Affairs. However, the activities to 

be funded primarily include transportation and communications infrastructure. These activities are more appropriately administered 

by the United States Agency for International Development. 

AFGHANISTAN

The Committee recognizes that the situation in Afghanistan is 

extremely fluid, and is providing additional reconstruction assistance using the most flexible vehicle available, the United States 

Agency for International Development’s International Disaster Assistance account. 

The Committee is aware that the fundamental necessary condition for full-scale implementation of our relief and reconstruction 

effort is the restoration of basic security in Afghanistan, for which 

funds are provided under other headings. The Committee further 

recognizes that relief and reconstruction in Afghanistan requires 

advancing on several programmatic fronts simultaneously in order 

to overcome the effects of more than two decades of war and interethnic strife. Our efforts, in the current context in Afghanistan, 

will require: 

• Continued food and other humanitarian relief for the foreseeable future, certainly for at least the coming year, to save 

lives and reduce human suffering; 

28

• Ongoing, focused support for the millions of Afghans who 

have returned from refugee status or internal displacement to 

reclaim their lives and lands, and who will require sustained 

help to reintegrate into their former communities; • Strategic investment in the rebuilding of key parts of Afghanistan’s infrastructure, especially essential bridges and 

road segments, both to illustrate a visible ‘‘peace dividend’’ and 

to provide the sinews for economic revitalization; • Immediate revitalization of the agricultural economy, 

which sustains 85 percent of the population, and which can 

show the highest short-term return on reconstruction investments; • Rehabilitation of the educational system, with a special 

emphasis on girls education, will build on the early successes 

in the spring ‘‘back to school’’ campaign; • A significant investment in basic healthcare, with an emphasis on maternal and child health, both to improve living 

conditions, and to contribute to economic recovery; • Direct support to rebuilding the capacity of Afghanistan’s 

governmental institutions, especially the ministries of the Afghan Interim Authority and the future Transitional Administration, which have been destroyed by conflict and misuse, as 

well as the capacity of non-governmental public institutions; 

and, • Changes to legal regimes and policy frameworks, and fiscal 

and monetary policy reforms, to stimulate both domestic and 

foreign private investment, without which long-term economic 

recovery will not be sustainable. 

As security and other conditions allow for the extension of relief 

and reconstruction activities, the Committee continues to urge that 

special attention be given, in all of the activities outlined above, to 

the role of women in the rebuilding of Afghanistan. The Committee 

continues to believe that women, in addition to having suffered 

greatly during the past 23-year conflict, constitute the greatest underutilized asset in Afghanistan. The range of activities that focus 

on healthcare for women, microcredit and other entrepreneurial activities, income generating opportunities for vulnerable women, 

education, and full participation should be expanded with the additional funds provided herein. Moreover, the impact on women of all 

relief and reconstruction activities funded herein, and the role of 

women in those activities, should be an essential part of program 

design and implementation. The Committee believes that the newly 

formed Ministry of Women’s Affairs can serve as a vital focal point 

for support to Afghan women, and urges priority support for the 

Ministry and its legal advocacy, education, and vocational training 

programs. The work of the Ministry is critical to the rebuilding of 

a peaceful, democratic Afghanistan in which women and girls have 

full rights. 

The Committee recognizes that the uncertain security environment in Afghanistan will continue to place practical limitations on 

activities in fiscal year 2002, and perhaps into the future. Without 

diminishing these legitimate security concerns, the Committee expects that the United States Agency for International Development 

and other agencies engaged in essential relief and reconstruction 

activities will, with due regard for the personal safety of its perVerDate May 16 2002 09:16 May 21, 2002 Jkt 078866 PO 00000 Frm 00028 Fmt 6659 Sfmt 6602 E:\HR\OC\HR480.XXX pfrm20 PsN: HR480
29

sonnel, create and maintain a sufficiently robust program platform 

in Kabul and outlying regions of Afghanistan to permit program 

development and execution to proceed as rapidly as possible. An 

improved security situation both in Kabul and outlying areas would 

enable private humanitarian and development organizations, as 

well as officials, to more safely expand and continue their work, 

and to enhance the ability of the Transitional Authority to govern.

OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR

INTERNATIONAL DEVELOPMENT

The Committee is recommending $7,000,000 for ‘‘Operating Expenses of the United States Agency for International Development’’, as requested. These funds would be used to implement programs recommended elsewhere in this chapter, and for security 

costs in Afghanistan and Pakistan. 

OTHER BILATERAL ECONOMIC ASSISTANCE

ECONOMIC SUPPORT FUND

The Committee is recommending $460,000,000 for ‘‘Economic 

Support Fund’’, to remain available until September 30, 2003. 

Funds appropriated under this heading, and funds appropriated 

under this heading in prior Acts that are made available for the 

purposes of this paragraph, may be made available notwithstanding section 512 of the Foreign Operations, Export Financing, 

and Related Programs Appropriations Act, 2002 or any similar provision of law. The President’s budget request had included a provision to make these funds available notwithstanding any other provision of law. However, the Committee is reluctant to provide such 

a sweeping waiver of existing law without adequate justification. 

According to information obtained during a hearing on April 18, 

2002, with the Deputy Secretary of State, the major impediment to 

the obligation of funds under this account is the so-called ‘‘Brooke 

amendment’’, which prohibits assistance to countries that are not 

current in debt payments to the United States. Therefore the waiver included in the Committee recommendation specifically cites this 

provision and any similar provision of law. 

The Committee recommendation does not include $25,000,000 of 

the $50,000,000 requested for the Middle East Economic Initiative 

(MEEI). While the Committee strongly supports the goals of this 

program, it notes that $5,140,200,000 has been allocated during fiscal year 2002 for programs in the Middle East. It expects that 

much of this funding should be made available for maximizing economic and educational opportunity, strengthening civil society and 

the rule of law, and providing support for necessary economic policy, as provided for under the proposed new initiative. In addition, 

there is no indication that follow-on funds will be made available 

for this initiative in fiscal year 2003. While the Committee would 

support the use of a portion of these funds for pilot programs in 

the region, it is recommending that $25,000,000 be made available 

for urgent needs in Afghanistan under ‘‘International Disaster Assistance’’. Within the $25,000,000 remaining for this initiative, the 

Committee strongly supports the funding of additional scholarships 

for foreign students at American educational institutions in the 

Middle East, including scholarships for students from central Asia. 

30

In addition, to the extent that funds are programmed for promoting 

a fair and free media, emphasis should be placed on countering erroneous and negative press about the United States and our allies.

In addition, the Committee is recommending that $40,000,000 requested in this account for support for tribal areas in Pakistan be 

provided under ‘‘International Disaster Assistance’’, to be administered by the United States Agency for International Development. 

To the extent that such funds cannot be programmed in Pakistan, 

they should be made available for additional reconstruction assistance in Afghanistan. 

The Committee recommendation includes an additional 

$250,000,000 for ‘‘Economic Support Fund’’, to remain available 

until September 30, 2003. Of these funds, $200,000,000 shall be 

made available for assistance for Israel for activities relating to 

combating international terrorism. In addition, $50,000,000 shall 

be transferred to ‘‘International Disaster Assistance’’ to be made 

available for humanitarian and refugee assistance for the West 

Bank and Gaza. None of the funds provided for the West Bank and 

Gaza shall be available for assistance for the Palestinian Authority. 

The entire amount is designated by the Congress as an emergency 

requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, and shall be available only to the extent an official budget request that includes designation of the entire amount of the request 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. 

ACTIVITIES OF THE NATIONAL ENDOWMENT FOR DEMOCRACY IN

VENEZUELA

The Committee is aware of concerns regarding recent activities 

supported by the National Endowment for Democracy in Venezuela. The Committee understands that the State Department Office of Inspector General (OIG) is currently conducting a comprehensive review of those activities. The Committee directs the 

OIG to submit a report on the findings of this review to the Committee by July 31, 2002. The Committee strongly encourages the 

State Department to withhold transfer of any funds from the Economic Support Fund to NED for activities in Venezuela until this 

report has been received by Congress. 

ASSISTANCE FOR THE INDEPENDENT STATES OF THE FORMER SOVIET

UNION

The Committee is recommending $110,000,000 for ‘‘Assistance for 

the Independent States of the Former Soviet Union’’, as requested. 

These funds would remain available for obligation until September 

30, 2003.

DEPARTMENT OF STATE

INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT

The Committee is recommending $120,000,000 for ‘‘International 

Narcotics Control and Law Enforcement’’. These funds would remain available for obligation until September 30, 2003. 

31

The Committee strongly supports the request of $25,000,000 for 

assistance to Mexico in order to improve border infrastructure and 

security. The assistance will also be of direct benefit to the southwest border region of the United States. In programming such assistance, the Committee strongly encourages the Department of 

State to consult closely with U.S. communities along the southwest 

border and, prior to obligating the funds, provide the Committee a 

detailed expenditure plan to ensure strong accountability of this 

funding. In addition, while the request specifies that additional infrastructure will be targeted at high-volume ports of entry, the 

budget justification neglects to mention the border crossings near 

Nogales and Douglas, Arizona. The Committee strongly supports 

funding of improvements at these important ports of entry to improve border security and reduce illegal immigration and drug 

smuggling, improve health care opportunities for border residents 

and reduce the need for Mexicans to enter the U.S. for medical attention, and reduce wait times at the ports of entry. 

The Committee recognizes the troubling situation facing many 

internally displaced persons (IDPs) in Colombia. It is the Committee’s understanding that the number of IDPs is multiplying as the 

civilian population bears much of the burden of the civil strife. 

Therefore the Committee recommends that out of the funds appropriated under this or other appropriate headings in this chapter, 

up to $10,000,000 be made available to the State Department for 

emergency IDP needs. 

Additionally, the Committee is concerned that the sustainment 

and maintenance costs of the C–130 transport planes for 

counterdrug aviation operations are not being funded. Therefore 

the Committee recommends up to $10,000,000 from funds appropriated under this heading should be made available for these purposes. 

The funds requested for U.S. assistance for Colombia for training 

and equipping Colombian Quick Reaction Forces as part of the Colombian Government’s Infrastructure Protection program are included under this heading. 

MIGRATION AND REFUGEE ASSISTANCE

The Committee is recommending $10,000,000 for ‘‘Migration and 

Refugee Assistance’’ for emergency expenses for activities related to 

refugee assistance in and around Afghanistan, to remain available 

until September 30, 2003. The entire amount is designated by the 

Congress as an emergency requirement pursuant to section 

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

Act of 1985, and shall be available only to the extent an official 

budget request that includes designation of the entire amount of 

the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as 

amended, is transmitted by the President to the Congress. The 

Committee is very concerned that adequate resources are not available to handle refugee assistance and resettlement activities in Afghanistan, and is recommending these funds to respond to these 

emergency needs. 

32

NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED

PROGRAMS

The Committee is recommending $83,000,000 for ‘‘Nonproliferation, Anti-Terrorism, Demining and Related Programs’’, as requested. These funds would remain available for obligation until 

September 30, 2003. Prior to the obligation of the $20,000,000 requested for Antiterrorism Assistance Mobile Emergency Training 

Teams, the Committee requests that the Department of State inform the Committees on Appropriations of the amount of such 

funds that would be made available for administrative costs. 

MILITARY ASSISTANCE 

FUNDS APPROPRIATED TO THE PRESIDENT

FOREIGN MILITARY FINANCING PROGRAM

The Committee is recommending $366,500,000 for ‘‘Foreign Military Financing Program’’. Funds appropriated under this heading, 

and funds appropriated under this heading in prior Acts that are 

made available for the purposes of this paragraph, may be made 

available notwithstanding section 512 of the Foreign Operations, 

Export Financing, and Related Programs Appropriations Act, 2002 

or any similar provision of law. In addition, the Committee has included language to provide the Department of Defense with the authority to use $2,000,000 requested by the President for the general 

costs of administering overseas military assistance programs. The 

Committee has recommended a $6,000,000 reduction in the President’s request for Foreign Military Financing. These funds are requested as part of the U.S. assistance for Colombia for training and 

equipping Colombian Quick Reaction Forces as part of the Colombian Government’s Infrastructure Protection program. The Committee includes these funds under the heading ‘‘International Narcotics Control and Law Enforcement’’.

PEACEKEEPING OPERATIONS

The Committee is recommending $20,000,000 for ‘‘Peacekeeping 

Operations,’’ to remain available until September 30, 2003. Funds 

appropriated under this heading, and funds appropriated under 

this heading in prior Acts that are made available for the purposes 

of this paragraph, may be made available notwithstanding section 

512 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2002 or any similar provision of law. 

The Committee recommendation does not include $8,000,000 requested for the training and equipping of a domestic peacekeeping 

force for Indonesia. The Committee strongly supports appropriate 

programs to support internal counterterrorism activities by the 

Government of Indonesia. However, $8,000,000 for this purpose has 

been requested, and is being recommended, under ‘‘Nonproliferation, Anti-terrorism, Demining and Related Programs’’ and is limited to law enforcement agencies. The request for funding under 

‘‘Peacekeeping Operations’’ would have included training and 

equipping of Indonesian military units for internal security activities. 

33

MULTILATERAL ECONOMIC ASSISTANCE 

FUNDS APPROPRIATED TO THE PRESIDENT

SPECIAL PAYMENTS TO THE INTERNATIONAL FINANCIAL INSTITUTIONS

(RESCISSION)

The Committee recommendation provides that the unobligated 

balances of funds provided in Public Law 92–301 and Public Law 

93–142 for maintenance of value payments to international financial institutions are rescinded. The President’s request specified 

that $157,000,000 in unobligated funds would be canceled; however, the Committee is aware that $159,000,000 is available for rescission and has so recommended.

GENERAL PROVISIONS—THIS CHAPTER

Under Section 601, the Committee recommendation includes language that provides that fiscal year 2002 funds and unexpired balances and assistance previously provided from prior years’ Acts 

shall be available to support a unified campaign against narcotics 

trafficking, activities by designated terrorist organizations, and activities threatening human health and welfare. 

The new authorities provided are intended to be used against 

terrorist organizations identified through the State Department’s 

processes. However, the Committee recognizes that in certain 

emergency situation, such as kidnappings, the use of United States 

assets may be required before the affiliation of the perpetrators has 

been determined. 

The Committee expects this authority will be continued in fiscal 

year 2003 unless the new government of Colombia fails to commit 

itself to the counterdrug and security policies of the Pastrana administration. The Committee also notes that these authorities will 

continue to be in effect in the event a continuing resolution is necessary for a portion of 2003. 

The notwithstanding authority requested by the President is not 

included because the Committee has determined it is not needed in 

2002 and prior years under the current circumstances. If future 

events bring about the need for such notwithstanding authority, 

the Committee expects the Administration to consult with the 

Committee at that time. 

The Committee recommendation does not include two general 

provisions requested by the President that would have authorized 

the use of certain funds appropriated to the Department of Defense 

to support foreign nations and indigenous forces by providing defense articles, services, and training. The primary responsibility of 

the Secretary of State for foreign assistance, and in particular military assistance, is well established. Existing provisions of law 

under the Foreign Assistance Act, the Arms Export Control Act, 

and annual acts making appropriations for foreign operations, export financing, and related programs, already provide sufficient authority for the purposes identified in the President’s request. 

Under section 602, the Committee is recommending that a total 

of $60,000,000 be rescinded from funds appropriated under the 

headings ‘‘Development Assistance’’ and ‘‘Economic Support Fund’’

in title II of the Foreign Operations, Export Financing, and Related 

34

Programs Appropriations Act, 2000 and in prior Acts making appropriations for foreign operations, export financing, and related 

programs. 

Under section 603, the President shall transmit a report within 

30 days after the date of enactment of this Act to the appropriate 

congressional committees on the United States policy and strategy 

to assist Colombia as well as to achieve a robust security environment in the Andean region. The report shall address the key objects of United States assistance to the Government of Colombia, 

the actions required by the United States to support and achieve 

those objectives, as well as a time schedule and cost estimates for 

implementing such actions, the role of the United States in the efforts of the Government of Colombia to provide security within the 

country, and how the strategy regarding Colombia relates to an affects the strategy of the United States. 

Under sections 604 and 605, the Committee requires the President to submit not later than July 31, 2002, his determination 

whether the United Nations Population Fund supports or participates in the management of a program of coercive abortion or involuntary sterilization. 

REPORTING AND NOTIFICATIONS

The Committee expects the Department of State and the United 

States Agency for International Development will implement programs, projects and activities recommended in this chapter consistent with the budget justification material submitted to the Congress, as modified by this recommendation. Any proposed changes 

in funding for programs, projects, and activities should be reported 

to the Committees on Appropriations in conformance with regular 

notification procedures. In addition, the Committee requests that 

the Administration submit a financial plan regarding the use of 

these funds within 30 days of the enactment of this Act. 

CHAPTER 7

DEPARTMENT OF THE INTERIOR 

BUREAU OF LAND MANAGEMENT

MANAGEMENT OF LANDS AND RESOURCES

The Committee recommends $658,000 for Management of Lands 

and Resources, as an emergency contingent appropriation, to repay 

unreimbursed law enforcement costs for security details at the 

main Department of the Interior building in Washington, DC. 

UNITED STATES FISH AND WILDLIFE SERVICE

RESOURCE MANAGEMENT

The Committee recommends $1,443,000 for Resource Management, as an emergency contingent appropriation, to repay unreimbursed airport security detail overtime costs; to repay unreimbursed law enforcement costs for security detail overtime costs; to 

repay unreimbursed law enforcement costs for security details at 

the main Department of the Interior building in Washington, DC; 

35

and to reimburse continuity of operations costs at the National 

Conservation Training Center. 

NATIONAL PARK SERVICE

OPERATION OF THE NATIONAL PARK SYSTEM

The Committee recommends $1,173,000 for Operation of the National Park System, as an emergency contingent appropriation, to 

repay unreimbursed law enforcement costs for security details at 

the main Department of the Interior building in Washington, DC. 

CONSTRUCTION

The Committee recommends $19,300,000 for Construction, as an 

emergency contingent appropriation, for a security screening facility at the Washington Monument. 

UNITED STATES GEOLOGICAL SURVEY

SURVEYS, INVESTIGATIONS, AND RESEARCH

The Committee recommends $25,700,000 for Surveys, Investigations, and Research, as an emergency contingent appropriation, for 

infrastructure mapping in 120 urban areas across the United 

States. 

BUREAU OF INDIAN AFFAIRS

OPERATION OF INDIAN PROGRAMS

(INCLUDING RESCISSION OF FUNDS)

The Committee recommends $134,000 for Operation of Indian 

Programs, as an emergency contingent appropriation, to repay unreimbursed law enforcement costs for security details at the main 

Department of the Interior building in Washington, DC. 

The Committee also recommends that $5,000,000 in previously 

appropriated funds for electric power operations and related activities at the San Carlos Irrigation Project be rescinded and the balance be redirected to pay trust reform-related costs associated with 

the ongoing Cobell litigation or other litigation relevant to the 

management of Indian trust funds. 

DEPARTMENTAL OFFICES 

DEPARTMENTAL MANAGEMENT

SALARIES AND EXPENSES

The Committee recommends $905,000 for Salaries and Expenses, 

as an emergency contingent appropriation, including $785,000 for 

the Department of the Interior Office of Homeland Security and 

$120,000 to repay unreimbursed law enforcement costs for security 

details at the main Department of the Interior building in Washington, DC.

36

RELATED AGENCY 

SMITHSONIAN INSTITUTION

SALARIES AND EXPENSES

The Committee recommends $11,000,000 for Salaries and Expenses, as an emergency contingent appropriation, for security improvements at Smithsonian facilities and for ongoing security operations. 

CONSTRUCTION

The Committee recommends $2,000,000 for Construction, as an 

emergency contingent appropriation, for Pod 5 planning and design. This facility is critically needed to provide sensitive materials 

storage. 

GENERAL PROVISIONS—THIS CHAPTER

Section 701 directs that previously appropriated emergency 

funds, for wildland fire research activities and capital improvement 

and maintenance of fire facilities, be released to the Forest Service 

within 10 days of enactment of this Act. 

Section 702 prohibits the use of funds, except funds appropriated 

to the Office of Management and Budget, to study the transfer of 

research activities from the Smithsonian Institution to the National Science Foundation. 

Section 703 provides authority to the U.S. Fish and Wildlife 

Service to charge fees for services at Midway Atoll National Wildlife Refuge and to use those receipts for non-refuge specific needs. 

The airfield at Midway shut down at the beginning of May 2002 

when the cooperator that had been in charge of operations there 

terminated its agreement with the Service. This receipts authority 

will enable the Service to continue airfield operations and other activities under new cooperative arrangements without adversely impacting funding for refuge operations. 

Section 704 provides for reciprocal treatment of foreign firefighters in this country and U.S. Federal firefighters on official 

duty in foreign countries with respect to liability issues. 

Section 705 prohibits the Department of Defense from being held 

responsible for civilian water consumption that is outside the 

boundaries of a military installation and beyond the direct authority and control of the Secretary of Defense for purpose of the Endangered Species Act.

CHAPTER 8

DEPARTMENT OF LABOR 

EMPLOYMENT AND TRAINING SERVICES

TRAINING AND EMPLOYMENT SERVICES

The Committee recommends $300,000,000 to assist dislocated 

workers, $450,000,000 less than the request. Of the total, 

$190,000,000 is available for obligation through September 30, 

2003. In addition, $110,000,000 is available for obligation through 

37

June 30, 2002 for carrying out section 132(a)(2)(B) of the Workforce 

Investment Act of 1998 (WIA). 

The Committee recommends an additional $190,000,000 for dislocated workers assistance, provided through National Emergency 

Grants and targeted industry multi-state and multi-service projects 

relating to the employment and training needs of dislocated workers. These projects would target high-growth sectors of the economy 

where worker shortages exist and involve a partnership among 

business, the state workforce investment system, the Department 

of Labor, and high-quality training providers, including community 

colleges. 

National Emergency Grants are flexible and enable the Secretary 

of Labor to respond to State requests and target funds where the 

need is greatest. NEGs provide Governors with flexibility to quickly 

meet the needs of dislocated workers in their particular states, including job training, reemployment services, and support payments. Currently applications for National Emergency Grants exceed available resources. The supplemental funds recommended for 

National Emergency Grants will meet immediate needs. 

The Committee urges the Department of Labor to strongly consider the request for renewal of the Fishing Industry Retraining 

Project. The grant for this project should provide the most flexibility possible in terms of the use of these resources to help these 

workers and their families during the transition to a restructured 

industry or new employment. 

The Committee urges the Secretary of Labor to use funding 

available through the dislocated worker provisions in the Workforce Investment Act of 1998 to support projects to provide reemployment and training services to airport security screeners who 

are dislocated due to the requirements in P.L. 107–71. The Committee urges the Secretary to proceed expeditiously, since P.L. 107– 71 requires the Department of Transportation to federalize airport 

security in one year from the date of enactment on November 19, 

2001. 

The Committee recommendation does not include the request of 

$40,000,000 for transfer to the Economic Adjustment Program in 

the Department of Commerce. 

The Committee has also included $110,000,000 to provide grants 

to states and local areas for dislocated worker assistance, authorized under section 132(a)(2)(B) of WIA. These funds will restore the 

rescission that was included in Title II, chapter 7 of P.L. 107–20. 

The Committee understands that these funds are now needed as a 

result of the economic downturn and concurrent increase in dislocated workers. 

In the House Report on the FY 2002 Labor, Health and Human 

Services, and Education Appropriations Bill, the Committee had 

brought to the attention of the Secretary of Labor the critical need 

for timely and accurate data in order to fulfill the Committee’s 

oversight responsibilities. While the Committee has seen some improvement in the provision of materials relating to Committee 

hearings, the Committee is most disappointed that the Department 

of Labor has failed to respect other express concerns, particularly 

in regard to numerous requests from staff for information in support of the Administration’s request for emergency FY 2002 supplemental appropriations for the Employment and Training AdminisVerDate May 16 2002 09:16 May 21, 2002 Jkt 078866 PO 00000 Frm 00037 Fmt 6659 Sfmt 6602 E:\HR\OC\HR480.XXX pfrm20 PsN: HR480
38

tration. In at least one instance, the Department of Labor has refused to supply information pertaining a portion of the Administration request. The Committee directs the Secretary of Labor to take 

immediate action to ensure that the Department of Labor is more 

forthcoming in response to requests from the Congress for information. As noted above, the Committee will not recommend large expenditures of public funds without proper justification. 

DEPARTMENT OF HEALTH AND HUMAN SERVICES 

HEALTH RESOURCES AND SERVICES ADMINISTRATION

HEALTH RESOURCES AND SERVICES

The Committee does not include the Administration’s proposal to 

cancel $20,000,000 of fiscal year 2002 funding for the Community 

Access Program (CAP). The Committee intends that new CAP 

grants be supported in fiscal year 2002. 

The Committee makes the following corrections and clarifications 

to P.L. 107–116 and the accompanying conference report: 

The Committee has inserted reference in the bill to title IV of the 

Public Health Service Act to authorize the Health Resources and 

Services Administration (HRSA) to carry out Section 417C of the 

Public Health Service Act (42 U.S.C. 285a–9). Funds appropriated 

in P.L. 107–116 are to be used for grants for education, prevention, 

and early detection of radiogenic cancers and diseases, of which 

$1,000,000 shall be available to enter into a cooperative agreement 

with the National Research Council under which the Council shall: 

(1) provide technical assistance to HRSA and its grantees on improving accessibility and quality of services and (2) report to HRSA 

on the most recent scientific information related to radiation exposure and associated cancers or other diseases, with recommendations for improving services for exposed persons. 

The Committee has transferred $315,000 from the health facilities construction and renovation account to the rural health outreach grant program. These funds are to be used to support the 

Children’s Health Fund.

The Committee has transferred $2,000,000 from the rural health 

research grant program to the health facilities construction and 

renovation account. These funds are to be used to support the Raleigh County, West Virginia County Commission for an educational 

mall to serve as a coordinating and research location for rural 

health initiatives, especially in preventive medicine. 

The Committee has transferred $2,000,000 from the Telehealth 

grant program to the health facilities construction and renovation 

account. These funds are to be used to support the University of 

South Dakota School of Medicine. 

The Committee has transferred $330,000 from the health facilities construction and renovation account to the rural health outreach grant program. These funds are to be used to support the 

University of Northern Colorado Low-Incidence Disabilities Center. 

As a result of these transfers, the total funding for health construction and renovation identified in the bill increases from 

$311,978,000 to $315,333,000. 

The Committee clarifies that the awardee for the National Center for Health Care Informatics is St. James Health Care rather 

39

than the University of Montana. The Committee also clarifies that 

the awardee for the Center for Delta Health project is Mississippi 

State University. 

CENTERS FOR DISEASE CONTROL AND PREVENTION

DISEASE CONTROL, RESEARCH AND TRAINING

The Committee appreciates the input CDC has solicited in initiating the development of a health tracking network. The Committee encourages the Director of CDC to assure that all of the relevant centers, institutes, and offices within the agency be included 

in the development, testing, and implementation of this nationwide 

project. 

The Committee encourages the Secretary of Health and Human 

Services to work with organizations that offer an approved proficiency testing program under seciton 353 of the Public Health 

Service Act and consider the development of a proficiency testing 

program for the identification of select agents that may be used in 

a bioterrorism event. 

The Committee has included $1,000,000 for the Centers for Disease Control and Prevention, to be used to accelerate and expand 

work related to prion diseases, a category which includes 

Creutzfeld-Jakob Disease in humans and BSE, scrapie and Chronic 

Wasting Disease in animals, among others. The Committee has decided to supplement the funds currently available at CDC for this 

work because recent cases in animal populations lend increased urgency to improving understanding of this group of diseases. While 

there are no known human cases of Creutzfeld-Jakob disease resulting from consumption of animal products in the United States, 

the Committee also believes it prudent to take preventive steps to 

increase human prion disease surveillance. These funds are to be 

used for purposes such as providing financial and technical assistance to state health departments to improve prion disease surveillance, enhancing applied laboratory research on diagnostic methods 

to assess transmission of prion diseases to humans, and supporting 

CDC technical assistance. 

NATIONAL INSTITUTES OF HEALTH

OFFICE OF THE DIRECTOR

The Committee is aware of the beneficial projects supported by 

the Foundation for the National Institutes of Health and recommends that NIH allocate up to $500,000 of the funds appropriated for the Office of the Director to provide administrative support for the Foundation. 

BUILDINGS AND FACILITIES

(RESCISSION)

The Committee proposes to rescind $30,000,000 of funding in this 

account. The Administration had proposed to ‘‘cancel’’ $30,000,000. 

The Committee intends that $9,300,000 be rescinded from safety 

and regulatory compliance and repairs and improvements and 

$20,700,000 be rescinded from the Phase I renovation of Building 

10. 

40

The Committee has been briefed on an approximate $145,000,000 

cost increase to the National Institutes of Health (NIH) Clinical 

Research Center (CRC). There will also be a delay of approximately 

one year in completing the facility. NIH has commissioned a number of outside reviews of the project which have validated the revised costs and schedule. Improved clinical research is very much 

needed to improve medical care in the U.S. For that reason, completion of the CRC is a high priority for the Committee. The Committee expects a report within 30 days on how HHS intends to finance the cost increase. The Committee also understands that the 

HHS Inspector General is reviewing the project and would appreciate a copy of that report when it is available.

CENTERS FOR MEDICARE AND MEDICAID SERVICES

The Committee understands that implementation of the appeals 

process created by the Benefits Improvement and Protection Act 

[BIPA] of 2000 has substantial costs that have not been included 

in the FY03 budget request. The Committee requests a report from 

the Secretary of Health and Human Services within 30 days of enactment of this Act about what the precise FY03 costs of BIPA appeals are and how the Administration intends to support them 

within the FY03 budget request. 

ADMINISTRATION FOR CHILDREN AND FAMILIES

CHILDREN AND FAMILIES SERVICES PROGRAMS

The Committee has included an additional $500,000 as a contingent emergency appropriation for the Domestic Violence Hotline.’’

OFFICE OF THE SECRETARY

The Committee urges the Department to work with predominantly and historically Black colleges and universities in the agency-wide bioterrorism efforts, including, but not limited to research, 

training and health care service delivery; distance learning, and assisting State, local and other entities in improving the capacity to 

respond to an emergency. 

DEPARTMENT OF EDUCATION 

SCHOOL IMPROVEMENT PROGRAMS

The Committee recommends a technical change to specify the 

amount available for the Fund for the Improvement of Education 

and the Cooperative Education Exchange program. 

The Committee also recommends technical changes relating to 

projects specified in the statement of the managers on the conference report accompanying the Departments of Labor, Health and 

Human Services, and Education, and Related Agencies Appropriations Act, 2002. 

STUDENT FINANCIAL ASSISTANCE

The Committee includes an additional $1,000,000,000 for Pell 

Grants to provide for a funding shortfall resulting from a largerthan-expected increase in the number of independent students applying and qualifying for the Pell Grant program in a worsening 

41

economy and following the terrorist attacks on September 11, 2001. 

These funds will help retire the shortfall and provide sufficient resources to maintain the maximum Pell Grant at $4000 in school 

year 2002–03. The Administration proposed $1,276,000,000 in supplemental funding for Pell Grants, but was derived by reductions 

in other education projects and programs. 

HIGHER EDUCATION

The Committee recommends technical changes relating to 

projects specified in the statement of the managers on the conference report accompanying the Departments of Labor, Health and 

Human Services, and Education, and Related Agencies Appropriations Act, 2002.

CHAPTER 9

LEGISLATIVE BRANCH 

HOUSE OF REPRESENTATIVES

SALARIES AND EXPENSES

STANDING COMMITTEES, SPECIAL AND SELECT

The Committee recommends an additional amount of $1,600,000 

for Standing Committees, Special and Select for the Permanent Select Committee on Intelligence. The additional funding is provided 

as a result of the Attacks of September 11, 2001. 

JOINT ITEMS 

CAPITOL POLICE BOARD

CAPITOL POLICE

GENERAL EXPENSES

The Committee recommends an additional amount of 

$16,100,000 for the Capitol Police to provide for computer equipment, increased training, communications. Of this amount, 

$12,500,000 is provided for reimbursement to the Environmental 

Protection Agency for anthrax investigations and cleanup to the 

Capitol Complex. This supplemental was requested by the Administration under EPA, Hazardous Substance Superfund. 

ARCHITECT OF THE CAPITOL

The Architect of the Capitol is directed to transfer $510,000, from 

funds made available in Public Law 107–117, to the Congressional 

Budget Office for the purpose of replenishing funds expended due 

to the events of October 15, 2001 and to allow implementation of 

the agency’s new disaster recovery plan. 

42

LIBRARY OF CONGRESS

COPYRIGHT OFFICE

SALARIES AND EXPENSES

The Committee recommends an additional direct appropriation of 

$7,500,000 to offset the decreased level of receipts resulting from 

months of mail suspension. 

ADMINISTRATIVE PROVISIONS

The Committee has recommended several administrative provisions. Section 901 establishes a Treasury account for the Capitol 

Police Buildings. Section 902 and 907 authorize the Architect of the 

Capitol to acquire property. Section 903 is a technical correction. 

There is a provision section 904 which provides Economy Act authority to the Chief Administrative Officer of the House. Section 

905 authorizes a two-way exchange of participants and section 906 

makes materials of the Congressional Research Service available in 

all locations where Members carry out their official duties.

CHAPTER 10

DEPARTMENT OF DEFENSE 

MILITARY CONSTRUCTION 

MILITARY CONSTRUCTION, AIR FORCE

The Committee recommends appropriating $8,505,000 above the 

President’s request. Of this amount, $7,450,000 is provided to support Operation Enduring Freedom, and the remaining $1,055,000 

is provided for planning and design. The following projects are included:

Location/installation Project title Cost 

Diego Garcia .............................................................. Communications Switching Facility .......................... $3,900,000

Diego Garcia .............................................................. Stuffing/Unstuffing Pad ............................................ 3,550,000

Worldwide various ...................................................... Planning and Design ................................................ 1,055,000

Total ............................................................. ............................................................................. $8,505,000

Diego Garcia is a primary Air Force forward operating location 

(FOL) for Operation Enduring Freedom (OEF). To enhance mission 

capability and safety at Diego Garcia, the Committee recommends 

$3,900,000 for a communications switching facility and $3,550,000 

for an ordnance stuffing/unstuffing pad. The proposed switching facility provides a permanent communications structure to support 

the OEF operation, and will accommodate the mission requirements of B–2 aircraft. The existing ordnance off-loading pad is temporary, is too small to handle the OEF mission, and is hazardous 

for the airmen who off-load the ordnance. The proposed stuffing/

unstuffing pad is adequately sited, sized, and configured to meet 

safety requirements. 

These funds are designated as contingent emergency requirements. 

43

MILITARY CONSTRUCTION, DEFENSE-WIDE

(INCLUDING TRANSFER OF FUNDS)

The Committee recommends appropriating $21,500,000 above the 

President’s request. Of this amount, $19,600,000 is provided to the 

U.S. Special Operations Command for construction of a Joint Operations Complex at Fort Bragg, North Carolina. The remaining 

$1,900,000 is provided for planning and design of the project. The 

proposed project will provide a centralized command and control 

center to support reorganization, new mission requirements, and 

associated personnel growth necessary to accomplish classified missions and conduct operations. 

These funds are designated as contingent emergency requirements. 

GENERAL PROVISIONS—THIS CHAPTER

This chapter contains no provisions. 

The request included a provision that would make funds in this 

Act available for military construction projects with a requirement 

to provide Congress a 15-day prior notification. The Committee did 

not include this provision. The Committee is not aware of any need 

for this language in the remaining portion of fiscal year 2002. 

Should the Administration become aware of contingent military 

construction projects in the near future, the Committee will reevaluate its position prior to conference with the Senate.

CHAPTER 11

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY

SALARIES AND EXPENSES

Office of General Counsel.—The Committee is concerned about 

the responsiveness of the Office of the General Counsel to the Committee’s requests for technical assistance and legal opinions. The 

Committee understands that the General Counsel has instituted 

new procedures to be fully responsive to the Committee’s need for 

prompt legal assistance. 

TRANSPORTATION ADMINISTRATIVE SERVICE CENTER

The bill increases the current obligation limitation for the Transportation Administrative Service Center (TASC) from $116,023,000 

to $128,123,000 to accommodate additional security related needs 

within the Department of Transportation in fiscal year 2002. Security needs include a variety of support services for the new Transportation Security Administration, enhanced communications and 

information security, enhanced building security such as improved 

ventilation protection, increased security protection for the Secretary, and other needs. There is no net funding or spending increase from this proposal. 

44

TRANSPORTATION SECURITY ADMINISTRATION

The recommendation includes $3,850,000,000, available until 

September 30, 2003, for additional expenses of the Transportation 

Security Administration (TSA). 

The Committee is very disappointed over the lack of cooperation 

and poor quality of information received thus far from this new federal agency. TSA has yet to develop performance measures against 

which it can be held accountable to the American taxpayer or the 

traveling public—which are collectively financing the agency’s operations; it has yet to answer 24 questions submitted for the record 

of a hearing held over two months ago; it has yet to provide detailed information justifying the agency’s $4,800,000,000 budget request for fiscal year 2003; and it has yet to make fundamental decisions on how to begin deploying thousands of bomb detection systems at our nation’s airports—even though a Congressional mandate exists to install and commission such systems at 429 airports 

in less than nine months. The Committee expects TSA to do much 

more over the coming months to address these shortcomings. 

Bomb detection systems.—On April 17, 2002, the Committee held 

a hearing on TSA’s supplemental request. During this hearing, officials of several airports presented evidence of severe underfunding 

of the costs needed for physical modification of airports to accommodate bomb detection systems for checked baggage. The Committee intends to ensure that adequate funds are provided not only 

to procure this equipment, but also to have it installed in a safe 

and timely manner. TSA’s proposal would not provide adequate 

funding to meet the December 31, 2002 deadline mandated by law. 

To address this problem, the bill specifies that $850,000,000 is provided only for the physical modification of commercial service airports for the purpose of installing checked baggage explosive detection systems, including explosive trace detection systems. The bill 

also provides $630,000,000 for the procurement of explosive detection systems, including explosive trace detection systems, for 

checked baggage screening. This is the amount requested by the 

administration. 

TSA staffing.—TSA’s most recent estimate contemplates a federal workforce of close to 68,000 by the end of fiscal year 2003. This 

is more than double the estimates made when the agency was created just a few months ago. The Committee finds this level of staffing unacceptable, and does not intend to finance such an unnecessarily large enterprise. The Committee notes that user fees, enacted last year to offset the costs of this agency, would cover only 

a small part of the budget needed to support an agency of 68,000 

people. The Committee does not believe that the general taxpayer 

should be asked to finance a huge agency whose main beneficiaries 

are air travelers. The Committee believes that, to the extent possible, in its aviation security activities TSA should adhere to a ‘‘pay 

as you go’’ philosophy, constraining its costs to the level of security 

air travelers are willing to pay for. To ensure a slower rate of initial growth consistent with this principle, the bill includes a provision limiting funds for staffing above a level of 45,000 full-time permanent positions. 

Reimbursement for state and local law enforcement officers.—In 

a recent hearing, the Committee received testimony suggesting 

45

that TSA’s directive requiring airports to provide law enforcement 

officers, on a reimbursable basis, was being seriously underfunded 

by the agency. TSA’s estimates include only $50,000 per officer, 

even though the agency budgets far more for its own officers. In addition, this reimbursement rate ignores the fact that airports are 

often required to pay overtime rates for state and local officers. The 

Committee does not believe airports should absorb the costs of TSA 

mandates. For this reason, the bill includes $75,000,000 for the reimbursement of state and local law enforcement officers. In addition, the Committee is concerned that law enforcement officers may 

be substantially underutilized at some airports if deployed full-time 

at the checkpoints. The Committee directs TSA to provide the 

House and Senate Committees on Appropriations with alternate 

deployment plans that would not result in degradation of security 

at checkpoints, including any necessary legislative changes needed 

to implement these plans. 

Additional security initiatives.—The bill includes additional funding for critically-needed transportation safety improvements which 

were not included in the request, as follows:

Activity Amount 

Reimbursement of air carriers for installation of intrusion-resistant 

cockpit doors ....................................................................................... $25,000,000

Grants to port authorities and other entities for security enhancements at U.S. commercial ports ........................................................ 75,000,000

Procurement of air-ground communications systems and devices for 

the federal air marshal program ...................................................... 20,000,000

Replacement of magnetometers at airport passenger screening locations in commercial service airports ................................................. 20,000,000

Cockpit door modifications.—The bill includes $25,000,000 to 

continue replacement of current cockpit doors with phase II upgraded doors. The Committee believes it is important that this critical program be accelerated. 

Port security grants.—The bill includes $75,000,000 for additional 

grants for security-related upgrades at our nation’s port facilities. 

The Committee continues to believe that port vulnerabilities are a 

high-risk area requiring additional attention by TSA. These grants 

should be awarded by TSA using the same process as the existing 

grant program, including input and coordination with the U.S. 

Coast Guard and the Maritime Administration. 

Federal air marshal communications systems.—The Committee 

was disturbed to learn that federal air marshals still lack an effective and secure means for air-to-ground communications. The bill 

provides $20,000,000 for TSA to remedy this deficiency as soon as 

possible. 

Replacement of magnetometers.—The Committee has received 

evidence that magnetometers at our nation’s airports are older-generation technology, and that immediate replacement could result in 

significant savings in checkpoint staffing as well as improvements 

in detection capability. Other nations have already made the transition to newer technology. Given the proximate cause of the September 11th terrorist attacks, and the fact that stage II cockpit 

doors are not yet in place, the Committee believes this is an area 

requiring urgent attention. The bill includes $20,000,000 for immediate replacement of magnetometers with the newest technology 

commercially available. 

46

Number of criminal investigator positions.—The Committee does 

not support the widespread designation of federal air marshals or 

TSA law enforcement officers into criminal investigative positions. 

The agency was contemplating the use of criminal investigative positions as a means of providing career progression, rotation, and 

motivation for what are essentially guard positions in airports and 

on aircraft. The Committee finds it inappropriate that guard positions would be raised to an investigative job series, and the Committee would not intend to fund this effort. The Committee understands that this policy is now under review, and the Committee 

awaits the result of that effort with interest. 

Crisis Management Center.—The bill provides $2,100,000 to upgrade the Department of Transportation’s (DOT’s) ability to effectively respond to transportation-related emergencies. The September 11th terrorist attacks revealed significant problems with 

the current Crisis Management Center’s capacity to gather intelligence and communicate effectively across the nation. Resources 

are provided to relocate and upgrade the current Crisis Management Center in order to provide accurate, real-time information 

throughout DOT, the Office of Homeland Security, other agencies, 

and when appropriate, industry, on the status of the nation’s transportation infrastructure as security alerts are received or events 

occur. Of the amount provided, $400,000 is for audio-visual systems; $900,000 is for construction costs to renovate space; $300,000 

is to build a secure classified information facility (SCIF); $100,000 

is for hardware upgrades; and $400,000 is for activation information management (AIM) software upgrades. The Committee expects 

that the current Crisis Management Center space (90,000 square 

feet) utilized by RSPA will be turned back to the Transportation 

Administrative Service Center. With this action, funding would not 

be required under the RSPA budget in fiscal year 2003. 

General provision.—Consistent with the principle that TSA 

should pay its own way, the bill includes a provision requiring TSA 

to pay airports for the cost of utilizing space on airport property, 

consistent with current provisions governing airport rental payments by the Federal Aviation Administration.

Participation of historically Black colleges and universities and 

Hispanic serving institutions.—The Committee directs the Secretary, in collaboration with the Transportation Security Administration (TSA), to work to ensure the participation of predominantly 

and historically Black colleges and universities and Hispanic serving institutions in federal efforts to secure and protect our nation’s 

aviation, rail, highway, and other transportation infrastructure systems from terrorist and other criminal acts. 

U.S. COAST GUARD

OPERATING EXPENSES

The recommendation includes $210,000,000 for additional operating expenses of the U.S. Coast Guard, to remain available until 

September 30, 2003. Increases above the requested amount are as 

follows:

Activity Amount 

Maintain reserves .................................................................................. $8,000,000

47

Activity Amount 

Port vulnerability assessments ............................................................. 12,000,000

PACAREA ship refueling capability ..................................................... 1,000,000

Pacific Area ship refueling capability.—The Committee has received information from the Joint Inter-Agency Task Force (JIATF) 

East that a small amount of money is required immediately to address critical shortfalls in Pacific Area drug interdiction capability. 

Due to recently-changed drug smuggling tactics in the Pacific area 

of operations, the Coast Guard desperately requires a deep water 

ship refueling capability, to increase the range and endurance of 

interdiction assets. The bill includes $1,000,000 for this purpose, 

and directs the Coast Guard to coordinate this effort with JIATFEast for maximum operational impact. 

ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

The recommendation includes $78,000,000 for Coast Guard ‘‘Acquisition, construction, and improvements’’. Funds above the requested level are for additional boarding and escort patrol boats.

Boarding and escort patrol boats.—The bill includes $36,000,000, 

including $12,000,000 above the request, for procurement of as 

many as 8 additional 87-foot Barracuda class coastal patrol boats. 

Along with the older 110-foot Island class, these boats are the 

backbone of Coast Guard’s homeland defense in our ports, waterways, and territorial waters. The Committee believes these additional homeland security assets are needed as a top priority, especially as Island class vessels experience the effects of aging and are 

taken out of service for increased maintenance availabilities.

FEDERAL AVIATION ADMINISTRATION

OPERATIONS

(TRANSFER OF FUNDS)

As requested, the bill provides the Federal Aviation Administration (FAA) operations program with the flexibility to be reimbursed 

up to $25,000,000 from appropriations made under the ‘‘Facilities 

and equipment’’ program. This transfer, if utilized, should be subject to existing reprogramming procedures. Given the importance of 

the Airport Improvement Program (AIP) and financial uncertainties imposed by new security requirements, the Committee does not 

agree to provide flexibility for an additional $75,000,000 to be 

transferred from the ‘‘Grants-in-aid for airports’’ program. 

GRANTS-IN-AID FOR AIRPORTS

As authorized in the Aviation and Transportation Security Act, 

the bill includes $200,000,000, available until expended, to enable 

the Administrator to compensate airports for a portion of the direct 

costs associated with new, additional or revised security requirements imposed on airport operators by the Administrator on or 

after September 11, 2001. Funding of $175,000,000 was provided 

for this purpose in Public Law 107–117. 

48

FEDERAL HIGHWAY ADMINISTRATION

FEDERAL-AID HIGHWAYS

EMERGENCY RELIEF PROGRAM

(HIGHWAY TRUST FUND)

The Federal Highway Administration’s emergency relief program 

provides funding for the repair or reconstruction of Federal-aid 

highways and roads on federal lands that have suffered serious 

damage as a result of natural disasters or catastrophic failures 

from external causes. This funding is only available for Federal-aid 

highway rehabilitation and restoration (major repairs). 

The bill includes $167,000,000 to fully fund the restoration and 

reconstruction of Federal-aid highways-eligible state and local 

roads in New York City damaged by the September 11th terrorist 

attacks. This includes the cost of design, engineering, construction 

(resurfacing and/or reconstruction of the streets around the World 

Trade Center, replacing curbs, sidewalks, gutters, etc.), replacement of traffic control devices (signs, traffic lights, etc.), and the reconstruction of Route 9A. This amount has been designated by the 

President as an emergency requirement pursuant to the Balanced 

Budget and Emergency Deficit Control Act of 1985, as amended. 

FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION

BORDER ENFORCEMENT PROGRAM

(HIGHWAY TRUST FUND)

The bill provides $19,300,000 to the new border enforcement program within the Federal Motor Carrier Safety Administration. Of 

this amount, $4,200,000 is to fund the implementation of section 

1012 of the USA Patriot Act, which includes 34 additional federal 

personnel; $10,000,000 is for driver’s license fraud detection and 

prevention projects, including $800,000 for a contract effort to develop some form of unique identifier for commercial driver’s license; 

a northern border safety and security study; hazardous material security education and outreach; and $5,100,000 is for coordinating 

state driver’s license registration and social security number 

verification.

The entire amount requested has been designated by the President as an emergency requirement pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. 

Site selection process for cross-border inspection facility, Laredo, 

TX.—The Committee directs that the Texas Department of Transportation consult with the City of Laredo and consider their concerns regarding site selection for a cross-border inspection facility. 

The Committee reinforces that federal safety requirements must be 

met in any site selection decision. 

HAZARDOUS MATERIAL SECURITY

(HIGHWAY TRUST FUND)

The bill provides $5,000,000 from the highway trust fund to implement the permit program required by law for those motor carriers transporting the most dangerous hazardous materials—Class 

49

A or B explosives, liquefied natural gas, hazardous material that 

is extremely toxic by inhalation, and highway route-controlled 

quantities of radioactive material. The Committee expects this permit program to be implemented by October 1, 2002 and to apply 

to all hazardous materials carriers allowed to operate in the United 

States. The Committee also expects the Research and Special Programs Administration to share data on hazardous materials registrations with the Federal Motor Carrier Safety Administration on 

a monthly basis. Funding is contingent upon transmittal of an official budget request that designates this amount as an emergency 

requirement as defined in the Balanced Budget and Emergency 

Deficit Control Act of 1985, as amended. 

FEDERAL TRANSIT ADMINISTRATION

CAPITAL INVESTMENT GRANTS

The bill provides $1,800,000,000 in capital investment grants to 

replace, rebuild, or enhance mass transportation systems serving 

the Borough of Manhattan, New York City, New York. These funds 

may be used to finance project elements that are not eligible for reimbursements through the Federal Emergency Management Administration to improve public transit systems. These grants will 

be subject to requirements as determined by the Secretary of 

Transportation to ensure that the eligible projects will substantially improve the mobility of commuters in Lower Manhattan. The 

entire amount requested has been designated as an emergency requirement pursuant to the Balanced Budget and Emergency Deficit 

Control Act of 1985, as amended. 

The Committee is aware that other states and communities, in 

addition to lower Manhattan, were and remain severely impacted 

by the disruption to major transportation systems following the terrorist attacks on September 11th. For example, there are thousands of New Jersey residents who commute daily to lower Manhattan, as well as New Yorkers who commute to New Jersey. Their 

lives have been directly impacted by the loss of the PATH station 

and many of New Jersey’s rail, bus, and ferry systems have been 

severely strained and will continue to operate over-capacity for the 

foreseeable future. The States of New York and New Jersey have 

worked diligently through the existing process to secure reimbursement and resources to meet their needs. As the Committee has provided greater flexibility to the Federal Transit Administration 

(FTA) to meet the needs of lower Manhattan by providing for longterm infrastructure improvement in lower Manhattan, the Committee encourages FTA to provide similar treatment for requests of 

assistance from the State of New Jersey. 

JOB ACCESS AND REVERSE COMMUTE GRANTS

The Committee insists that the Federal Transit Administration 

follow the guidance included in House Report 107–308, as it relates 

to these projects. The Committee will confirm the Department’s intentions before final conference action on this bill. 

50

GENERAL PROVISIONS—THIS CHAPTER

The bill includes a provision that makes certain projects and activities eligible to receive fiscal year 2002 funds under the fiscal 

year 2002 Department of Transportation and Related Agencies Appropriations Act. The projects and activities covered by this section 

are designated for funding on pages 82 through 92 of the Joint Explanatory Statement of the Conference Committee for the fiscal 

year 2002 DOT Appropriations Act (H. Rpt. 107–308). This section 

provides that each project and activity listed under each of these 

headings is eligible to receive funding from the program for which 

the project or activity is designated in the conference agreement. 

The bill includes provisions prohibiting the further issuance of 

federal credit instruments authorized under section 101(a)(1) of the 

Air Transportation Safety and System Stabilization Act (Public 

Law 107–42), and rescinding unobligated balances from funds 

made available under section (101)(a)(2) of that Act. These provisions are necessary to finance other high priority emergency needs 

of this bill. 

In addition, the conference agreement accompanying the fiscal 

year 2002 Department of Transportation and Related Agencies Appropriation Act contained funding totaling $2,000,000 for ‘‘I–74 

Mississippi River Bridge, Mississippi’’ within the Surface Transportation Program under section 330. This reference should be the ‘‘I–

74 Mississippi River Bridge, Illinois.’’

CHAPTER 12

DEPARTMENT OF THE TREASURY 

FEDERAL LAW ENFORCEMENT TRAINING CENTER

SALARIES AND EXPENSES

The Committee provides $15,870,000 for additional instructors, 

facilities and equipment required to train new law enforcement 

staffing required following the September 11, 2001, terrorist attacks, in particular for basic training for the new Transportation 

Security Administration. 

UNITED STATES SECRET SERVICE

SALARIES AND EXPENSES

The Committee provides $46,750,000 for the United States Secret 

Service. This funding would cover $28,500,000 for additional costs 

associated with new protective details added since September 11, 

2001; $4,200,000 to fully annualize staff costs for new staffing 

added in fiscal year 2002; $3,700,000 for recurring costs of programs funded under P.L. 107–117; and $10,350,000 towards funding the costs of electronic crimes task forces authorized under the 

PATRIOT Act. 

POSTAL SERVICE

PAYMENT TO THE POSTAL SERVICE FUND

The Committee provides $87,000,000 for the Postal Service, as 

proposed by the Administration. Combined with previous suppleVerDate May 16 2002 09:16 May 21, 2002 Jkt 078866 PO 00000 Frm 00050 Fmt 6659 Sfmt 6602 E:\HR\OC\HR480.XXX pfrm20 PsN: HR480
51

mental appropriations, the Postal Service has received a total of 

$762,000,000 for work related to the incidents of anthrax in the 

mail. In accordance with the requirements of P.L. 107–117, the 

Committee has received the Emergency Preparedness Plan. The 

Committee notes that this plan does not include an assessment of 

the threats to the health and safety of employees and customers of 

the Postal Service and the integrity of the mail, as expected. The 

Committee directs the Postal Service to submit this assessment no 

later than 120 days after enactment of this Act. Further, the Committee directs the Postal Service to submit quarterly expenditure 

plans on the obligation of all FY 2002 supplemental appropriations 

as well as annual updates of the Emergency Preparedness Plan.

EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED

TO THE PRESIDENT

OFFICE OF ADMINISTRATION

SALARIES AND EXPENSES

The Committee has not included $5,000,000 for the Office of Administration, as proposed by the Administration. These funds were 

proposed for additional costs associated with establishing an offsite facility for the Office of Homeland Security. 

The Committee is extremely concerned by the total cost of establishing and operating the Office of Homeland Security. To date, 

OHS has received $27,000,000 in appropriations, with a pending 

request of $24,844,000 for FY 2003. Additional funds of approximately $4,000,000 have been provided to OHS through the use of 

reimbursable detailees from other federal agencies. Of the amounts 

provided to date, the Administration has obligated $12,525,000 to 

establish an off-site facility to house OHS personnel. The funds requested as part of the pending supplemental would be used to obtain additional space and to further enhance the communications 

capabilities within this off-site facility, for a total of $17,525,000 in 

FY 2002. Additional funds of $3,959,000 have been requested for 

FY 2003, bringing total funding for this facility to $21,484,000. 

The Committee has previously expressed concern over the significant amount of resources devoted to the design and construction of 

space for OHS communications, coordination and briefings. Further, because the operational plans for OHS are in the developmental phase, the Committee is concerned that this space is being 

designed prematurely. As part of the FY 2003 appropriations process, the Committee recently submitted written questions reflecting 

these concerns to the Executive Office of the President. The Committee is extremely disappointed that many of these basic, yet critical questions were not answered. For instance, the Committee requested information on the coordination, communications and incident management rooms at the off-site facility. Specifically, the 

Committee requested a description of how the functions of these 

rooms differ from those currently being operated by other federal 

law enforcement agencies. The Committee also requested a description of how the capacities being built at the off-site facility would 

be consistent with, and meet the requirements of, the operating 

procedures of the OHS, once developed. Additionally, the Committee requested both the titles and a brief job description of each 

52

position within the OHS. The Committee was not provided detailed 

information in response to any of these questions. The Committee 

believes the Office of Homeland Security should be fully accountable for its use of appropriated funds to support both the operations and the infrastructure of OHS. 

The Committee looks forward to receiving additional information 

to support continued increases to OHS appropriations and will consider the request for additional funds for the off-site facility as part 

of the FY 2003 cycle. 

OFFICE OF MANAGEMENT AND BUDGET

SALARIES AND EXPENSES

(RESCISSION)

On October 8, 2001, the President created the Office of Homeland Security and charged this office, in part, with the review of 

agency budgets as they specifically related to homeland security. 

The Committee is aware that FTE within the Office of Management and Budget are also charged with this responsibility. The 

Committee believes that this duplication of effort is unnecessary 

and rescinds $750,000 of funds previously provided for OMB’s Salaries and Expenses.

ELECTION ADMINISTRATION REFORM AND RELATED EXPENSES

(INCLUDING TRANSFER OF FUNDS)

The Committee has included $450,000,000 for the requirements 

of implementing election administration reform and related expenses and makes these funds available subject to authorization. 

The Committee includes language to require the Director of the Office of Management and Budget (OMB) to transfer the funds appropriated, upon enactment of legislation improving the administration of elections, to the Federal entities specified by that legislation, for the purposes designated, and the amounts specified. The 

Committee includes language that requires the Director of OMB to 

transfer these funds according to the provisions established in H.R. 

3295, as passed by the House of Representatives on December 12, 

2001. The Committee does not believe the Department of Justice 

should be responsible for the administration or implementation of 

programs related to election administration reform. 

The Committee anticipates that the conference agreement on 

H.R. 3295 will specifically identify the amounts to be transferred, 

by program, project and activity, by the Director of the OMB, not 

to exceed $450,000,000. 

INDEPENDENT AGENCIES 

FEDERAL ELECTION COMMISSION

SALARIES AND EXPENSES

The Committee provides $750,000 for unanticipated costs associated with implementing the provisions of the Bipartisan Campaign 

Reform Act. The Committee is aware that additional costs of up to 

$5,000,000 may be required for this effort in FY 2003 and that the 

53

FEC is in the process of developing a revised budget submission for 

the Committee’s consideration. 

GENERAL SERVICES ADMINISTRATION

REAL PROPERTY ACTIVITIES

FEDERAL BUILDINGS FUND

The Committee provides $51,800,000 for the Federal Buildings 

Fund, as proposed by the Administration. 

GENERAL ACTIVITIES

POLICY AND OPERATIONS

The Committee does not provide $2,500,000 for Policy and Operations, as proposed by the Administration. The Committee is sympathetic to the underlying issue to be addressed by this funding 

and is amenable to considering future funding when sufficient total 

resources (for both the current year and the budget year) have been 

identified by the Administration for this effort. 

GENERAL PROVISIONS—THIS CHAPTER

Sec. 1201. The Committee includes a provision rescinding 

$14,000,000 in unobligated balances of the Financial Management 

Service and reappropriating these funds to the Internal Revenue 

Service for a higher priority need. The Committee has no objection 

to the use of any remaining unobligated balance for computer security improvements by the Financial Management Service. 

Sec. 1202. The Committee includes a provision prohibiting the 

use of appropriated funds to transfer the functions, missions, or activities of the United States Customs Service to the Department of 

Justice. 

Sec. 1203. The Committee includes a provision granting the Federal Law Enforcement Training Center the authority to hire retired 

federal employees for a period of up to five years for urgent homeland security training requirements.

CHAPTER 13

DEPARTMENT OF VETERANS AFFAIRS 

VETERANS HEALTH ADMINISTRATION

MEDICAL CARE

The Committee recommends an additional $417,000,000 for Medical Care to be distributed entirely to the VISNs based on VERA 

for medical care services to priority 1–6 veterans. None of these 

funds are to be used for administrative committees, proposed homeland security initiatives or any purpose other than FTEs, supplies, 

and services required to provide direct medical care to service-connected and impoverished veterans, which is the core mission of the 

VHA. 

The VA has shown an inability to manage the enrollment of priority 7 veterans and has failed miserably in keeping collections at 

pace with enrollment. The eligibility law stipulates that priority 7 

54

enrollment is contingent on current infrastructure capacity and financial resources derived from co-payments and collections from insurers for non-service connected care. To assist in the collection effort, the Committee has included bill language that would deem all 

VA healthcare facilities as Medicare and Medicaid certified and directs the Centers for Medicare and Medicaid Services (CMS) to 

issue Medicare and Medicaid provider numbers for these facilities 

thus enabling the VA to access veterans’ Medicare and Medicaid 

records for the sole purpose of correctly identifying third-party insurance carrier information. The language reiterates that this certification process is not intended to affect the existing cost responsibility of the VA for providing this type of medical care and in no 

way places an obligation on CMS to assume any of these costs. 

MEDICAL AND PROSTHETIC RESEARCH

(RESCISSION)

The Committee did not include the proposal included in the 

budget submission to cancel $5,000,000 from the Medical and Prosthetic Research account. 

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 

PUBLIC AND INDIAN HOUSING

HOUSING CERTIFICATE FUND

(RESCISSION)

The Committee recommendation includes a rescission of 

$300,000,000 for unobligated balances available in the Housing 

Certificate Fund and its predecessor programs.

COMMUNITY PLANNING AND DEVELOPMENT

RURAL HOUSING AND DEVELOPMENT

(RESCISSION)

The Committee recommendation does not include a proposed rescission of $20,000,000 from this account. 

COMMUNITY DEVELOPMENT FUND

The recommendation includes an additional $750,000,000 for assistance to properties and businesses, including restoration of damaged infrastructure, and for economic revitalization activities in the 

areas of New York City affected by the September 11, 2001 terrorist attacks. As requested, the entire amount has been designated by the President as an emergency requirement pursuant to 

the Balanced Budget and Emergency Deficit Control Act of 1985, 

as amended. 

The Committee recognizes that the terrorist attacks inflicted significant damage to the utility infrastructure in New York City, an 

infrastructure critical to the physical and economic health of New 

York City. The Committee further understands that insurance proceeds will reimburse utility companies for only a portion of their 

losses and their cost to restore this damaged infrastructure. Therefore, the Committee encourages the Lower Manhattan DevelopVerDate May 16 2002 09:16 May 21, 2002 Jkt 078866 PO 00000 Frm 00054 Fmt 6659 Sfmt 6602 E:\HR\OC\HR480.XXX pfrm20 PsN: HR480
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ment Corporation to consider the needs of the utility companies as 

it allocates assistance provided from the Community Development 

Fund. 

The Committee also recognizes that private colleges and universities located near the World Trade Center suffered physical damages which may not be fully reimbursed by insurance proceeds and 

which are not eligible for reimbursement from the Federal Emergency Management Agency and therefore, the Committee encourages the Lower Manhattan Development Corporation to consider 

the needs of these colleges and universities as it allocates assistance provided from the Community Development Fund. 

The Committee has included bill language which makes technical 

corrections to two specific grants provided in discal years 2001 and 

2002 under the Department of Housing and Urban Development. 

HOUSING PROGRAMS

RENTAL HOUSING ASSISTANCE

The Committee has included a rescission of $300,000,000 from 

contact authority in excess of required payments for fiscal year 

2002.

INDEPENDENT AGENCIES 

DEPARTMENT OF HEALTH AND HUMAN SERVICES

NATIONAL INSTITUTES OF HEALTH

NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES

The Committee recommends an additional $8,000,000 for the National Institute of Environmental Health Sciences to undertake and 

continue its research and worker training programs related to the 

September 11, 2001 terrorist attacks on the United States. 

Specifically, the NIEHS sponsored research will focus on the 

cardiopulmonary effects, the respiratory symptoms (especially new 

asthma-like symptoms), the psychological distress, and the general 

health effects of ‘‘high-risk’’ individuals (including policemen, firemen, remediation workers, and residents and workers in the immediate vicinity) subject to various exposures as a result of the terrorist attacks. The health information gathered through this research will be coupled with exposure assessment work already 

being coordinated by NIEHS. 

With regard to worker training, the Committee expects NIEHS 

to develop a program in preparation for future disasters which has 

among its components: (1) training for a nation-wide cadre of environmental response workers to respond to future terrorist attacks, 

(2) a national registry of trained skilled construction personnel in 

relevant crafts for immediate response to national disaster, (3) appropriate rescue training for workers who participate in immediate 

response activities but are not emergency personnel since they 

must work together in rescuing victims and removing debris, (4) 

new hazardous waste refresher course modules to cover emergency 

response and cleanup for terrorist attacks, and (5) training for 

workers who clean up buildings contaminated with biohazards, 

such as anthrax. 

56

The Committee’s recommendation includes $4,000,000 each for 

research and worker training. 

AGENCY FOR TOXIC SUBSTANCES AND DISEASE REGISTRY

SALARIES AND EXPENSES

The Committee recommends an additional $11,300,000 for the 

Agency for Toxic Substances and Disease Registry. Of this amount, 

$1,800,000 is intended to reimburse ATSDR for direct and indirect 

costs related to the Agency’s response to the terrorist attacks of 

September 11, 2001. These expenses were not assumed in the fiscal 

year 2002 appropriation and adversely diminish the Agency’s ability to carry out the 2002 program as approved by the Congress. The Committee has also included an additional $9,500,000 for 

the Agency to further enhance the capacity of the States to respond 

to chemical terrorism events. These funds will be used to build on 

ATSDR’s already established network of cooperative agreement 

programs by enhancing the capacity of state and local health departments to assess and respond to acts of chemical terrorism in 

a manner that minimizes the public health impact of such acts. 

They will also be used to supplement existing state cooperative 

agreement personnel as well as ATSDR headquarters staff who are 

used to assess the public health implications of acute toxic releases. 

The Committee feels strongly that increasing the number of technical experts at the state and regional level is key to the facilitation of rapid response and assessment in an emergency situation. 

ENVIRONMENTAL PROTECTION AGENCY

HAZARDOUS SUBSTANCE SUPERFUND

The Committee has not included funding under Hazardous Substance Superfund for additional expenses incurred for anthrax investigations and cleanup actions at the United States Capitol and 

the Congressional office building complex as proposed in the budget 

submission. As this expense was specific to buildings and property 

under the jurisdiction of the House of Representatives and the Senate, the Committee has provided $12,500,000 under the Legislative 

Branch for reimbursement of these costs to the Environmental Protection Agency, Hazardous Substance Superfund. 

STATE AND TRIBAL ASSISTANCE GRANTS

The Committee has included bill language which makes technical 

corrections to four specific grants provided in fiscal years 2001 and 

2002.

FEDERAL EMERGENCY MANAGEMENT AGENCY

DISASTER RELIEF

The Committee recommends $2,750,000,000 in Disaster Relief to 

fund additional disaster relief efforts in response to the September 

11, 2001 terrorist attacks on the United States. 

The Committee recognizes that the citizens and the medical community of Houston, Texas suffered unprecedented losses due to 

Tropical Storm Allison and that the Texas Medical Center provides 

unique and important services to its 42 member hospitals and inVerDate May 16 2002 09:16 May 21, 2002 Jkt 078866 PO 00000 Frm 00056 Fmt 6659 Sfmt 6602 E:\HR\OC\HR480.XXX pfrm20 PsN: HR480
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stitutions that provide medical care and vital medical research. 

Therefore, it is the committee’s direction that, notwithstanding any 

other provision of law, FEMA may provide the Texas Medical Center Public Assistance and Hazard Mitigation grants as an agent for 

eligible applicants under the Robert T. Stafford Disaster Relief and 

Emergency Assistance Act. However, specific projects are still subject to FEMA and State eligibility criteria and guidelines. 

For the purpose of the September 11, 2001 attack on the World 

Trade Center, measures taken by eligible private non-profit colleges and universities to protect the health and safety of students 

and faculty residing in areas affected by the disaster will be eligible for reimbursement. 

The Nation on September 11th faced the most horrific disaster 

ever to occur in America, a disaster of unprecedented scope. The 

Director of FEMA has acknowledged in letters to Members of the 

New York delegation that responding to the attacks on New York 

poses a ‘unique challenge’. FEMA has risen to the challenge and 

the Committee commends the agency for its response. There is, 

however, a perception, which FEMA concedes in correspondence, 

that FEMA has not done enough for those affected by the attacks. 

For example, there are report that families were denied aid from 

the Mortgage and Rental Assistance (MRA) program due to rigid 

eligibility rules that were implemented shortly after the attacks 

and the lack of application forms and FEMA guidance that reflect 

the new rules. Many families did not even try to obtain assistance 

because of reports of high denial rates. FEMA is reviewing case 

files to ensure that no applicant was wrongly denied MRA assistance, but the Committee believes FEMA must also reach out in a 

targeted way to families that may be eligible but were discouraged 

from even applying. Indeed, improving the dissemination of information should remain a very high FEMA priority, as many individuals, families, businesses, and governmental agencies still do not 

know whether they might be eligible for various kinds of assistance. 

Historically, FEMA has responded to disasters, such as hurricanes or riots, with which FEMA and other disaster response organizations had experience. No disaster response organization had 

experience with a terrorist attack on a densely populated urban 

area, which occurred on September 11th, 2001. The Committee is 

aware that the authorities granted to FEMA may not permit a full 

Federal response in New York City. The Committee directs FEMA’s 

Inspector General (IG) to review, for the period from September 11, 

2001, to the date of enactment of this Act, the use of funds provided to FEMA to meet the post-attack needs of New York City. 

The IG is directed to report to the House and Senate Committees 

on Appropriations, by December 31, 2002, whether this review has 

identified any deficiencies or gaps in FEMA’s statutory authorities 

that have impeded the delivery of assistance. The IG should address assistance to all victims (applicants and non-applicants alike) 

who have been determined to be or who might be eligible for assistance after future terrorist attacks that result in Presidential disaster declarations. 

The Director of FEMA shall report to the House and Senate 

Committees on Appropriations, within one year of the date of enactment of this Act, on the allocation of all funds among authorized 

58

activities for the Presidentially-declared disaster in New York 

(FEMA–1391–DR). 

DISASTER ASSISTANCE FOR UNMET NEEDS

The Committee has recommended $23,320,000 for Disaster Assistance for Unmet Needs to address unmet needs arising from 

Presidentially-declared disasters occurring in fiscal year 2002. Such 

needs may include damage resulting from Southwest ice storms occurring during January 2002. 

EMERGENCY MANAGEMENT PLANNING AND ASSISTANCE

The Committee recommends $151,700,000 for Emergency Management Planning and Assistance instead of $326,727,600 requested. The Committee has not included funding for ‘‘First Responder’’ grants in FEMA. The Committee recommendation includes $50,000,000 for Citizen Corps, $56,000,000 for improvements at State emergency operations centers, $5,000,000 for development of mutual aid agreements, $7,000,000 for secure communications support to the States, $1,300,000 for security clearances 

for personnel in the States and Territories, and $32,400,000 to increase and enhance the preparedness of the National Urban Search 

and Rescue Response System. 

NATIONAL SCIENCE FOUNDATION

EDUCATION AND HUMAN RESOURCES

The Committee has, without prejudice, not provided $19,300,000 

as requested in the supplemental budget submission for the Federal Cyber Service—Scholarship for Service program. While the 

Committee endorses the goals of this new program, the Foundation 

has neither fully developed or implemented the plans for this program as outlined and funded in the fiscal year 2002 Appropriations 

Act. Until such plans are completed, the Committee believes it is 

premature to provide resources which would nearly double the current appropriation. 

GENERAL PROVISIONS—THIS CHAPTER

The Committee recommendation includes language increasing 

the total loan guarantee limitation for fiscal year 2002 for the Federal Housing Administration single family program to meet current 

estimates of demand. 

The Committee recommendation includes language increasing 

the total loan guarantee limitation for fiscal year 2002 for the Federal Housing Administration’s general and special risk programs to 

meet current estimates of demand.

CHAPTER 14

GENERAL PROVISIONS

A strict following of the Transportation Equity Act for the 21st 

Century (TEA–21) will result in a $4,369,000,000 reduction in fiscal year 2003 in federal-aid highway funding from the base funding 

level in TEA–21 due to a mechanism called ‘‘revenue aligned budget authority’’ or RABA. Section 1402 of the bill offsets the fiscal 

59

year 2003 negative adjustment by not only providing, but also 

guaranteeing, an additional $4,369,000,000 in obligation limitation 

for the highway category. It raises the highway category, and 

therefore, fully corrects the fiscal year reduction due to RABA without compromising other discretionary programs.

CHANGES IN THE APPLICATION OF EXISTING LAW

Pursuant to clause 3(f)(1) of rule XIII of the Rules of the House 

of Representatives, the following statements are submitted describing the effect of provisions in the accompanying bill which directly 

or indirectly change the application of existing law. 

The bill includes several appropriations that are not authorized 

by law and as such may be construed as legislative in nature. 

The bill includes several contingent emergency appropriation 

designations that may be construed as legislative in nature. 

Language is included that restricts the availability of the funds 

to the current fiscal year unless otherwise provided. 

Language is included that prohibits the use of any funds in this 

or any other Act for the Department of Health and Human Services 

for the consolidation of the Food and Drug Administration Office of 

Public Affairs or Office of Legislation at the Office of the Secretary 

of Health and Human Services. 

Language is included that limits expenditures of the Export Enhancement Program. 

Under Department of Justice, Immigration and Naturalization 

Service, Salaries and Expenses, Enforcement and Border Affairs, 

language is included placing a condition on the use of funds. 

Under Department of Commerce, National Oceanic and Atmospheric Administration, Fisheries Finance Program Account, language is included designating loan program levels. 

Language is included waiving prior authorization requirements 

for the expenditure of funds by the Department of State or the 

Broadcasting Board of Governors. 

Language is included regarding certain Immigration inspection 

fees. 

Language is included regarding the viewing of certain trial proceedings. 

Language is included regarding the Eisenhower Exchange Fellowship Program. 

Language has been included for Department of Defense—Military in ‘‘Operation and Maintenance, Defense-Wide’’ which earmarks funds for payments to cooperating nations for military support provided to the United States military in connection with the 

war on terrorism. 

Language has been included for Department of Defense—Military which would make funds available in ‘‘Defense Emergency Response Fund’’ for enhancements to North American Air Defense 

Command capabilities, and which provides transfer authority to 

other appropriations accounts. 

Language has been included in Department of Defense—Military 

which provides that ‘‘Procurement, Defense-Wide’’ funds may be 

used to purchase vehicles required for physical security of personnel. 

Language has been included for Department of Defense—Military which would allow ‘‘Research, Development, Test and EvaluaVerDate May 16 2002 09:16 May 21, 2002 Jkt 078866 PO 00000 Frm 00059 Fmt 6659 Sfmt 6602 E:\HR\OC\HR480.XXX pfrm20 PsN: HR480
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tion, Navy’’ funds to be used for the Special Operations Forces requirements related to the V–22. 

Language has been included for Department of Defense—Military concerning obligation of funds in the Defense Cooperation Account. 

Language has been included for Department of Defense—Military which allows the President to waive certain certification requirements required in the Cooperative Threat Reduction Act and 

the Freedom Support Act. 

Language has been included for Department of Defense—Military concerning funds for intelligence related programs. 

Language has been included for Department of Defense—Military which changes the deadline for submitting a request for multiple reprogrammings to the Congress. 

Language has been included for Department of Defense—Military which makes funds available in ‘‘Chemical Agents and Munitions Destruction, Army’’ available for the payment for costs for 

international inspectors.

Language has been included for Department of Defense—Military which allows broader authority to the Department of Defense 

for assistance to Colombia. 

Language has been included for Department of Defense—Military for the acquisition of three MH–47 Special Operations helicopters to replace combat losses. 

Language has been included for Department of Defense—Military to accelerate the destruction of chemical agents at DoD facilities. 

Language has been included for Department of Defense—Military which rescinds funds previously enacted in Defense Appropriations Acts. 

Language has been included for Department of Defense—Military which states that Section 2533a of title 10 does not apply to 

Section 8159 of Public Law 107–117. 

Language has been included for Department of Defense—Military which provides authority for the Secretary of Defense to use 

funds to reimburse cooperating nations for logistical and military 

support provided to the United States military in connection with 

the war on terrorism. 

The bill includes language under ‘‘Governmental Direction and 

Support’’ to allow funds provided to the Office of the Corporation 

Counsel to be used to support attorney compensation consistent 

with performance measures contained in a negotiated collective 

bargaining agreement. 

The bill includes rescissions under ‘‘Public Education System’’

and ‘‘Repayment of Loans and Interest’’. 

The bill includes language under ‘‘Administrative Provision’’ to 

allow grants to be delivered after 14 calendar days of receipt by 

Council, barring no written notice of disapproval by a Council 

member, instead of requiring Council to pass a law for approval. 

The bill includes language under ‘‘General Provisions, This Chapter’’ to allow the District of Columbia to use up to one percent of 

the funds provided in the Emergency Supplemental Act, 2002, for 

administrative costs. 

The bill includes language under ‘‘General Provisions, This Chapter’’ to allow the DC Courts to transfer 50 percent of the fund balVerDate May 16 2002 09:16 May 21, 2002 Jkt 078866 PO 00000 Frm 00060 Fmt 6659 Sfmt 6602 E:\HR\OC\HR480.XXX pfrm20 PsN: HR480
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ance from the Crime Victims Compensation Fund to the District’s 

Crime Victim Fund. 

The bill includes language under General Provisions, This Chapter to allow any funds not required to meet the seven percent cash 

reserve balance to be used to address potential deficits in addition 

to Pay-As-You-Go Capital Funds. 

In Chapter 5, each of the accounts includes a designation by the 

Congress that the amount to be appropriated is an emergency requirement pursuant to the Balance Budget and Emergency Deficit 

Control Act of 1985, as amended. Also in Chapter 5, language is 

included in certain accounts which makes the availability of the 

funds subject to the transmission of a budget request by the President to the Congress. Under Operation and Maintenance, General, 

language is included which makes the funds available until September 30, 2003. Language is also included which provides that the 

funds appropriated in this Act and Public Law 107–117 may be 

used at any facility owned or operated by, or on behalf of, the U.S. 

Army Corps of Engineers.

Under Chapter 6, all funds are provided for emergency expenses 

for activities related to combating international terrorism (with the 

exception of funds appropriated under ‘‘Child Survival and Health 

Programs Fund’’ and Economic Support Fund’’), and all funds are 

designated by the Congress as an emergency requirement pursuant 

to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. 

Under ‘‘Child Survival and Health Programs Fund’’, funds are 

made available for emergency expenses for activities related to 

combating AIDS, tuberculosis, and malaria, and are authorized to 

remain available until December 30, 2002. In addition, language 

specifies that funds made available in this and in prior Acts under 

this heading and under the heading ‘‘Child Survival and Disease 

Programs Fund’’ for the Global Fund to Fight AIDS, Tuberculosis, 

and Malaria shall not exceed 40 percent of the total resources 

pledged by all donors to the Global Fund for calendar year 2002. 

In addition, funds may be made available only to the extent an official budget request that includes designation of the entire amount 

of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as 

amended, is transmitted by the President to the Congress. 

Under ‘‘International Disaster Assistance’’, funds are available 

until September 30, 2003. In addition, funds may be made available only to the extent an official budget request that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress.

Under ‘‘Economic Support Fund’’, funds are made available for 

assistance for Israel for activities relating to combating international terrorism and are made available for humanitarian and 

refugee assistance for the West Bank and Gaza. However, no funds 

may be made available for assistance for the Palestinian Authority. 

In addition, $250,000,000 of the funds may be made available only 

to the extent an official budget request that includes designation 

of the entire amount of the request as an emergency requirement 

62

as defined in the Balanced budget and Emergency Deficit Control 

Act of 1985, is transmitted by the President to the Congress. 

Under ‘‘Economic Support Fund’’, ‘‘Foreign Military Financing 

Program’’, and ‘‘Peacekeeping Operations’’ funds appropriated 

under these headings and funds appropriated under these headings 

in prior Acts that are made available for the same purposes, may 

be made available notwithstanding section 512 of the Foreign Operations, Export Financing, and Related Programs Appropriations 

Act, 2002 or any similar provision of law. 

Under ‘‘International Narcotics Control and Law Enforcement’’, 

‘‘International Narcotics Control and Law Enforcement’’, ‘‘Migration and Refugee Assistance’’, and ‘‘Peacekeeping Operations’’ funds 

are available until September 30, 2003. 

Under ‘‘Foreign Military Financing Program’’, language is included to provide the Department of Defense with the authority to 

use up to $2,000,000 for the general costs of administering overseas 

military assistance programs, including the purchase of motor vehicles.

Unobligated balances of funds available under ‘‘Special Payments 

to the International Financial Institutions’’ are rescinded. The total 

rescinded is $159,000,000. 

Unobligated balances of $60,000,000 from funds appropriated 

under the headings ‘‘Development Assistance’’ and ‘‘Economic Support Fund’’ in fiscal year 2000 and prior year Acts making appropriations for foreign operations, export financing, and related programs are rescinded. 

Under ‘‘General Provisions’’, language is included that provides 

that in fiscal years 2002, funds available to the Department of 

State for assistance to the Government of Colombia shall be available to support a unified campaign against narcotics trafficking, activities by designated terrorist organizations, and to take actions to 

protect human health and welfare in emergency circumstances. 

This provision shall also apply to unexpired balances and assistance previously provided from prior years’ Acts. In addition, the 

language provides that the authority in this section is in addition 

to authorities currently available to provide assistance to Colombia. 

Also under ‘‘General Provisions’’, language is included that requires the President to submit not later than July 31, 2002, his determination whether the United Nations Population Fund supports 

or participates in the management of a program of coercive abortion or involuntary sterilization. 

Under ‘‘General Provisions’’, language is included that requires 

the President to transmit a report within 30 days after the date of 

enactment of this Act to the appropriate congressional committees 

on the United States policy and strategy to assist Colombia as well 

as to achieve a robust security environment in the Andean region. 

The report shall address the key objects of United States assistance 

to the Government of Colombia, the actions required by the United 

States to support and achieve those objectives, as well as a time 

schedule and cost estimates for implementing such actions, the role 

of the United States in the efforts of the Government of Colombia 

to provide security within the country, and how the strategy regarding Colombia relates to and affects the strategy of the United 

States. 

63

Language is included under Bureau of Indian Affairs, Operation 

of Indian Programs, rescinding and redirecting previously appropriated funds to cover litigation costs associated with Indian trust 

reform. 

Language is included under General Provisions, The Chapter 

(Department of the Interior and Related Agencies), requiring the 

release of previously appropriated emergency funds for wildland 

fire management activities. 

Language is included under General Provisions, This Chapter 

(Department of the Interior and Related Agencies), limiting the use 

of funds to study the transfer of research activities from the Smithsonian Institution to the National Science Foundation. 

Language is included under General Provisions, This Chapter 

(Department of the Interior and Related Agencies), permitting the 

U.S. Fish and Wildlife Service to charge fees for services at Midway Atoll National Wildlife Refuge and to use those receipts for 

non-refuge specific needs. 

Language is included under General Provisions, This Chapter 

(Department of the Interior and Related Agencies), dealing with liability of foreign firefighters in this country and U.S. Federal firefighters in foreign countries. 

Language is included under General Provisions, This Chapter 

(Department of the Interior and Related Agencies, dealing with responsibilities of the Defense Department under the Endangered 

Species Act with respect to water consumption. 

Language is included which provides additional funds for dislocated worker assistance notwithstanding sections 132(b)(2)(B) 

and 133(b)(2)(B) of the Workforce Investment Act of 1998. 

Language is included in the Department of Education, School Improvement programs clarifying the intent of Congress with respect 

to certain funding items identified in this account. 

Language is included in the Department of Education, Higher 

Education clarifying the intent of Congress with respect to certain 

funding items identified in this account. 

Language is included to a new account for Architect of the Capitol ‘‘Capitol Police Buildings’’. 

Langauge is included authorizing the Architect of the Capitol to 

acquire property. 

Language is included regarding the availability of appropriations. 

Language is included that provides for a two-way exchange of 

program participants under the Russian Leadership Program.

Language is included that requires the Congressional Research 

Service to provide all materials to all official duty stations. 

Under Military Construction, language is included that provides 

that funds may be obligated or expended for planning and design 

and military construction projects not otherwise authorized by law.

Language is included under Transportation Security Administration that would limit funds to recruit or hire personnel exceeding 

a staffing level of 45,000 full-time permanent positions. 

Language is included under U.S. Coast guard ‘‘Operating Expenses’’ making funds available for obligation until September 30, 

2003. 

64

Language is included under Federal Aviation Administration ‘‘Operations’’ allowing the transfer of up to $25,000,000 from ‘‘Facilities and Equipment’’. Language is included under Federal Highway Administration ‘‘Emergency Relief Program’’ that permits the federal share for the 

emergency relief program for the New York City/World Trade Center disaster to be 100 percent and waives the cap on the amount 

of emergency relief that can be provided for the September 11th 

terrorists attacks in New York City. 

Language is included under Federal Transit Administration ‘‘Capital Investment Grants’’ that permits projects funded from this 

amount to be 100 percent federal. No local match is required. 

Language is included that provides funding for the motor carrier 

hazardous materials safety permit program. 

Language is included extending the provisions of section 335 of 

Public Law 107–87 relating to the provision of rent-free space at 

airports to aviation security activities of the Transportation Security Administration. 

Language is included that prohibits the issuance of Federal credit instruments made pursuant to section 101(a)(1) of the Air Transportation Safety and Stabilization Act in fiscal year 2002. 

Language is included that relates to adjustments made by the 

Director of the Office of Management and Budget pursuant to section 251(b)(1)(B) of the Balanced Budget and Emergency Deficit 

and Control Act of 1985 to the highway category and to section 

8103(a)(5) of the Transportation Equity Act for the 21st Century. 

Language is included that rescinds the unobligated balances 

under section 101(a)(2) of Public Law 107–42. 

Language is included to waive certain adjustments made to the 

highway category by the Director, Office of Management and Budget. 

The bill includes language related to election administration reform, specifically referencing H.R. 3295, as passed by the House of 

Representatives on December 12, 2001. 

The bill includes a provision that rescinds and reappropriates 

certain funds from the Financial Management Service to the Internal Revenue Service. 

The bill includes a provision prohibiting the use of funds to 

transfer the functions, missions, or activities of the United States 

Customs Service to the Department of Justice. 

The bill includes a provision granting the Federal Law Enforcement Training Center the authority to hire federal retirees for a 

period of up to five years. 

Language is included under Department of Housing and Urban 

Development, Community Development Fund, which waives certain statutory requirements and makes a change in the eligibility 

for assistance as a result of the terrorist attacks of September 11, 

2001. 

Language is included under Environmental Protection Agency, 

State and Tribal Assistance Grants, which make technical changes 

to specific grants made for fiscal years 2001 and 2002. 

Language is included under Federal Emergency Management 

Agency, Disaster Relief, which waives certain eligibility requirements under the Robert T. Stafford Disaster Relief and Emergency 

Assistance Act. 

65

Language is included in the bill modifying the fiscal year 2002 

loan limitation level for the Federal Housing Administration’s single family housing program. 

Language is included in the bill modifying the fiscal year 2002 

loan limitation level for the Federal Housing Administration’s 

multi-family housing programs. 

In Title 11 of the bill, language is included related to the International Criminal Court. 

APPROPRIATIONS NOT AUTHORIZED BY LAW

Pursuant to clause 3(f)(1) of rule XIII of the Rules of the House 

of Representatives, the following table lists the appropriations in 

the accompanying bill which are not authorized by law:

[Dollars in thousands]

Agency program Last year of 

authorization 

Authorization level 

Appropriations 

in last year of 

authorization 

Appropriations 

in this bill 

U.S. Trade Rep ............................................................................... 1992 21,077 19,992 1,100

Department of Commerce: 

National Institute of Standards and Technology, Scientific 

and technical research and services ............................... 1993 383,500 310,677 4,000

Department of State: 

Administration of Foreign Affairs ......................................... 2001 4,162,950 4,777,175 271,566

International Organizations and Conferences ............................... 2001 such sums 1,713,056 50,000

Broadcasting Board of Governors .................................................. 2001 467,229 467,229 15,100

Securities and Exchange Commission, Salaries and Expenses .... 1999 351,280 324,000 29,300

Department of Defense—Military 

Military Personnel, Air Force ................................................. 2002 (1) 19,724,014 206,000

Operation and Maintenance, Army ....................................... 2002 20,653,241 22,335,074 226,000

Operation and Maintenance, Navy ....................................... 2002 26,461,299 26,876,636 53,750

Operation and Maintenance, Air Force ................................. 2002 25,598,767 26,026,789 60,500

Operation and Maintenance, Defense-Wide ......................... 2002 11,949,586 12,773,270 751,975

Defense Emergency Response Fund ..................................... 2002 0 0 12,693,972

Other Procurement, Army ...................................................... 2002 4,027,374 4,183,736 79,200

Aircraft Procurement, Navy ................................................... 2002 8,323,147 7,938,143 22,800

Procurement of Ammunition, Navy and Marine Corps ......... 2002 466,907 461,399 262,000

Other Procurement, Navy ...................................................... 2002 4,282,471 4,270,976 2,500

Procurement, Marine Corps .................................................. 2002 1,014,637 995,442 3,500

Aircraft Procurement, Air Force ............................................ 2002 10,789,167 10,567,038 129,500

Procurement of Ammunition, Air Force ................................. 2002 881,844 866,644 115,000

Other Procurement, Air Force ................................................ 2002 8,196,021 8,085,863 735,340

Procurement, Defense-Wide .................................................. 2002 2,279,482 2,389,490 104,425

Research, Development, Test and Evaluation, Army ............ 2002 6,675,325 7,106,074 8,200

Research, Development, Test and Evaluation, Navy ............ 2002 10,784,264 11,498,506 9,000

Research, Development, Test and Evaluation, Air Force ..... 2002 14,407,187 14,669,931 99,800

Research, Development, Test and Evaluation, Defense-Wide 2002 14,372,640 15,415,275 72,000

Sec. 308. SOF Helicopters .................................................... 2002 0 0 93,000

Sec. 309. Chemical Demilitarization .................................... 2002 0 0 100,000

Military Construction, Air Force ............................................ 2002 1,194,880 1,194,880 8,505

Military Construction, Defense-wide ..................................... 2002 840,558 840,558 21,500

Department of Energy: 

Science: 

Safeguards and Security ...................................................... 1994 (2) (4) 29,000

Weapons Activities: 

Readiness in Technical Base and Facilities—Operations 

and Maintenance .............................................................. 2002 1,348,300 1,348,300 19,400

Safeguards and Security ...................................................... 2002 448,900 448,900 88,000

Secure Transportation Asset ................................................. 2002 123,300 123,300 18,000

Defense Environmental Restoration and Waste Management: 

Safeguards and Security ...................................................... 2002 205,600 205,600 67,000

Defense Nuclear Nonproliferation: 

Arms Control ......................................................................... 2002 117,741 117,741 5,000

66

Agency program Last year of 

authorization 

Authorization 

level 

Appropriations 

in last year of 

authorization 

Appropriations 

in this bill 

Defense Facilities Closure Projects 2002 1,080,500 1,092,800 16,600

Other Defense Activities: 

Energy Security and Assurance ............................................ 2002 250,400 (3) 3,300 7,000

Coast Guard: 

Operating Expenses .............................................................. 1999 5 3,006,200 3,013,506 210,000

Acquisition, construction and improvements ....................... 1999 2 1,140,600 625,465 78,000

Federal Highway Administration: 

Emergency relief program ..................................................... N/A 100,000 N/A 167,000

Federal Motor Carrier Safety Administration: 

Border enforcement program (Highway trust fund) ............. N/A N/A N/A 19,300

Hazardous materials safety permits .................................... 1997 7 19,670 15,542 5,000

1 The FY2002 National Defense Authorization Act (P.L. 107–107) authorizes $75,801,666,000 for military personnel. 2 Authorized level provided for multiple programs with no separate program allowance for safeguards and security. 

4 Funding for safeguards and security activities was spread throughout multiple programs with no individual amount specified. 

5 Includes $151,500 authorized in the Western Hemisphere Drug Elimination Act through fiscal year 2001. 

6 Includes $630,300 authorized in the Western Hemisphere Drug Elimination Act through fiscal year 1999. 

7 Hazardous materials program funding. 

Last year authorized Authorization level Appropriations in last 

year of authorization Appropriations in this bill 

Child Survival and 

Health Programs 

Fund (See note 

below) *.

Population (1987); 

Health and Disease Prevention 

(1987); Child Survival Fund (1987); 

HIV/AIDS (2002).

Population 

($290,000); Health 

and Disease Prevention 

($180,000); Child 

Survival Fund 

($75,000); HIV/

AIDS ($300,000).

Population 

($234,625); Health 

and Disease Prevention 

($166,762); Child 

Survival Fund 

($75,000); HIV/

AIDS ($475,000 in 

fy2002, of which 

$435,000 in this 

account).

$200,000 (HIV/AIDS) 

International Disaster 

Assistance.

1987 .......................... $25,000 ..................... $70,000 ..................... $190,000

Operating expenses of 

the United States 

Agency for International Development.

1987 .......................... $387,000 ................... $340,600 ................... $7,000

Economic Support 

Fund.

1987 .......................... $3,800,000 ................ $3,555,000 ................ $710,000

Assistance for the 

Independent States 

of the Former Soviet Union.

1993 .......................... $410,000 ................... $417,000 ................... $110,000

International Narcotics 

Control and Law 

Enforcement.

1994 .......................... $171,500 ................... $100,000 ................... $120,000

Migration and Refugee Assistance.2001 .......................... $750,000 ................... $700,000 ................... $10,000,000 

Nonproliferation, Antiterrorism, demining 

and related programs (See note 

below) * *.

None .......................... ................................... ................................... $83,000

Foreign Military Financing Program.2002 .......................... $3,627,000 ................ $3,650,000 ................ $366,500

Peacekeeping operations.1999 .......................... $83,000 ..................... $76,500 ..................... $20,000

Election Administration Reform.N/A ............................ N/A ............................ N/A ............................ $450,000

Federal Election Commission.1981 .......................... $9,400 ....................... $9,662 ....................... $750

67

Last year authorized Authorization level Appropriations in last 

year of authorization Appropriations in this bill 

Department of Housing Urban Development: 

Community Development 

Fund—Community Development Block 

Grants.

1994 .......................... 4,168,000 .................. 4,380,000 .................. 750,000

* Note.—Programs recommended herein under ‘‘Child Survival and Health Programs Fund’’ were last authorized under a different account 

structure than that recommended in this bill; the account structure included a number of functional accounts, as described above. * * Note.—Programs recommended herein under ‘‘Nonproliferation, Anti-terrorism, Demining, and Related Programs’’ include some major programs for which authorizations of appropriations were provided for fiscal year 2002; these programs include $73,000,000 authorized for antiterrorism assistance and $142,000,000 authorized for nonproliferation activities. In addition, some programs now in this account were previously in accounts that had authorizations of appropriations in prior years. 

TRANSFER OF FUNDS

Pursuant to clause 3(f)(2) of rule XIII of the Rules of the House 

of Representatives, the following is submitted describing the transfer of funds provided in the accompanying bill. 

Language has been included in Department of Defense—Military 

in the ‘‘Defense Emergency Response Fund’’ which provides for the 

transfer of funds out of and into this account. 

Language has been included in Department of Defense—Military 

for Section 302 concerning the Defense Cooperation Account, which 

provides for the transfer of funds out of this account. 

Language has been included which mandates the transfer of $50,000,000 from ‘‘Economic Support Fund’’ to ‘‘International Disaster Assistance’’. Language has been included which provides for the transfer of 

funds from the account ‘‘Election Administration Reform and Related Expenses’’ to such entities as may be authorized by the conference agreement on H.R. 3295, legislation to establish programs 

for improving the administration of elections. 

Language has been included which allows the transfer of up to $25,000,000 within the Federal Aviation Administration, from ‘‘Facilities and equipment’’ to ‘‘Operations’’. In addition, the bill includes language which provides for the 

transfer of funds between the DC Courts Crime Victims Compensation Fund and the District of Columbia’s newly established Crime 

Victims Fund. 

RESCISSIONS

Pursuant to clause 3(f)(2) of rule XIII of the Rules of the House 

of Representatives, the following table is submitted describing the 

rescissions recommended in the accompanying bill:

RESCISSIONS RECOMMENDED IN THE BILL

[Dollars in thousands] 

Department or activity Amounts 

recommended for 

rescission 

Department of Defense—Military: 

Other Procurement, Air Force 2001/2003 ..................................... $29,500

Procurement, Defense-Wide 2002/2004 ........................................ 30,000

District of Columbia funds: 

Public Education System ............................................................... 37,000

68

Department or activity Amounts 

recommended for 

rescission 

Repayment of Loans and Interest ................................................. 7,950

Special Payments to the International Financial Institutions .......... 159,000

Bilateral Economic Assistance .............................................................. 60,000

Department of Health and Human Services: National Institutes of 

Health, Building and Facilities ......................................................... 30,000

Department of the Interior: Bureau of Indian Affairs: Operation of 

Indian Programs ................................................................................ 5,000

Department of Treasury: Financial Management Service ................. 14,000

Executive Office of the President: Office of Management and

Budget ................................................................................................. 750

Housing and Urban Development: 

Housing Certificate Fund ............................................................... 300,000

Rental Housing Assistance ................................................................... 300,000

Department of Transportation: Public Law 107–42 funds ................. 250,000

COMPARISON WITH THE BUDGET RESOLUTION

Clause 3(c)(2) of rule XIII of the Rules of the House of Representatives requires an explanation of compliance with section 

308(a)(1)(A) of the Congressional Budget and Impoundment Control 

Act of 1974 (Public Law 93–344), as amended, which requires that 

the report accompanying a bill providing new budget authority contain a statement detailing how that authority compares with the 

reports submitted under section 302 of the Act for the most recently agreed to concurrent resolution on the budget for the fiscal 

year from the Committee’s section 302(a) allocation. 

Appropriations in this bill are either designated emergency or 

offset in budget authority therein. Prior to the development of this 

bill the Committee had not received increases to its allocation to 

reflect actual appropriations enacted to date. Because of this, any 

comparison to the Committee’s current allocation, even adjusted for 

any anticipated increases for the emergency appropriations in this 

bill, would not provide an accurate picture of where the Committee 

stands against its allocation. 

FIVE-YEAR OUTLAY PROJECTIONS

In compliance with section 308(a)(1)(B) of the Congressional 

Budget and Impoundment Control Act of 1974 (Public Law 93–

344), as amended, the following table contains five-year projections 

associated with the budget authority provided in the accompanying 

bill:

Millions 

Budget Authority ................................................................................... 29,387

Outlays: 

2002 ................................................................................................. 7,627

2003 ................................................................................................. 12,032

2004 ................................................................................................. 4,840

2005 ................................................................................................. 2,490

2006 and beyond ............................................................................. 2,953

ASSISTANCE TO STATE AND LOCAL GOVERNMENTS

In accordance with section 308(a)(1)(C) of the Congressional 

Budget and Impoundment Control Act of 1974 (Public Law 93–

344), as amended, the financial assistance to State and local governments is as follows:

69

Millions 

Budget Authority ................................................................................... 5,567

Fiscal Year 2002 outlays resulting therefrom ..................................... 300

CONSTITUTIONAL AUTHORITY

Clause 3(d)(1) of rule XIII of the Rules of the House of Representatives states that:

Each report of a committee on a bill or joint resolution 

of a public character, shall include a statement citing the 

specific powers granted to the Congress in the Constitution 

to enact the law proposed by the bill or joint resolution.

The Committee on Appropriations bases its authority to report 

this legislation from Clause 7 of Section 9 of Article I of the Constitution of the United States of America which states:

No money shall be drawn from the Treasury but in consequence of Appropriations made by law * * *

Appropriations contained in this Act are made pursuant to this 

specific power granted by the Constitution. 

STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

Pursuant to clause 3(c)(4) of rule XIII of the Rules of the House 

of Representatives, the following is a statement of general performance goals and objectives for which this measure authorizes funding: 

The Committee on Appropriations considers program performance, including a program’s success in developing and attaining 

outcome-related goals and objectives, in developing funding recommendations.

COMPLIANCE WITH CLAUSE 3 OF RULE XIII (RAMSEYER RULE) 

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, 

existing law in which no change is proposed is shown in roman): 

SECTION 286 OF THE IMMIGRATION AND NATIONALITY 

ACT 

DISPOSITION OF MONEYS COLLECTED UNDER THE PROVISIONS OF THIS

TITLE

SEC. 286. (a) * * *

* * * * * * *

(e) LIMITATIONS OF FEES.—(1) * * *

* * * * * * * 

(3) The Attorney General øis authorized to¿ shall charge and 

collect $3 per individual for the immigration inspection or preinspection of each commercial vessel passenger whose journey 

originated in the United States or in any place set forth in 

paragraph (1): Provided, That this øauthorization¿ requirement

shall not apply to immigration inspection at designated ports 

of entry of passengers arriving by the following vessels, when 

70

operating on a regular schedule: Great Lakes international ferries, or Great Lakes Vessels on the Great Lakes and connecting waterways. 

* * * * * * *

DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2002

* * * * * * *

TITLE IV 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION 

* * * * * * *

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY

For expenses necessary for basic and applied scientific research, 

development, test and evaluation, including maintenance, rehabilitation, lease, and operation of facilities and equipment, 

$11,498,506,000, to remain available for obligation until September 

30, 2003: Provided, That funds provided under this heading that 

are available for the V–22 Osprey aircraft program may be used to 

meet unique requirements of the Special Operations Forces. 

* * * * * * *

TITLE VIII 

GENERAL PROVISIONS—DEPARTMENT OF DEFENSE 

* * * * * * *

(TRANSFER OF FUNDS)

SEC. 8005. Upon determination by the Secretary of Defense that 

such action is necessary in the national interest, he may, with the 

approval of the Office of Management and Budget, transfer not to 

exceed $2,000,000,000 of working capital funds of the Department 

of Defense or funds made available in this Act to the Department 

of Defense for military functions (except military construction) between such appropriations or funds or any subdivision thereof, to 

be merged with and to be available for the same purposes, and for 

the same time period, as the appropriation or fund to which transferred: Provided, That such authority to transfer may not be used 

unless for higher priority items, based on unforeseen military requirements, than those for which originally appropriated and in no 

case where the item for which funds are requested has been denied 

by the Congress: Provided further, That the Secretary of Defense 

shall notify the Congress promptly of all transfers made pursuant 

to this authority or any other authority in this Act: Provided further, That no part of the funds in this Act shall be available to prepare or present a request to the Committees on Appropriations for 

reprogrammings of funds, unless for higher priority items, based on 

unforeseen military requirements, than those for which originally 

appropriated and in no case where the item for which reprogramming is requested has been denied by the Congress: Provided further, That a request for multiple reprogramming of funds using auVerDate May 16 2002 09:16 May 21, 2002 Jkt 078866 PO 00000 Frm 00070 Fmt 6659 Sfmt 6602 E:\HR\OC\HR480.XXX pfrm20 PsN: HR480
71

thority provided in this section must be made prior to øMay 1, 

2002¿ June 15, 2002. 

DISTRICT OF COLUMBIA APPROPRIATIONS ACT, 2002

* * * * * * *

DISTRICT OF COLUMBIA FUNDS 

OPERATING EXPENSES 

* * * * * * *

REPAYMENT OF LOANS AND INTEREST

For payment of principal, interest, and certain fees directly resulting from borrowing by the District of Columbia to fund District 

of Columbia capital projects as authorized by sections 462, 475, and 

490 of the District of Columbia Home Rule Act (Public Law 93–198; 

D.C. Official Code, secs. 1–204.62, 1–204.75, 1–204.90), 

$247,902,000 from local funds: Provided, øThat any funds set aside 

pursuant to section 148 of the District of Columbia Appropriations 

Act, 2000 (Public Law 106–113; 113 Stat. 1523) that are not used 

in the reserve funds established herein shall be used for Pay-AsYou-Go Capital Funds: Provided further, That for equipment 

leases,¿ That for equipment leases, the Mayor may finance $14,300,000 of equipment cost, plus cost of issuance not to exceed 

2 percent of the par amount being financed on a lease purchase 

basis with a maturity not to exceed 5 years: Provided further, That 

$4,440,000 shall be for the Fire and Emergency Medical Services 

Department, $2,010,000 shall be for the Department of Parks and 

Recreation, and $7,850,000 shall be for the Department of Public 

Works: Provided further, That no less than $533,000 be available 

for trash transfer capital debt service. 

* * * * * * *

GENERAL PROVISIONS 

* * * * * * *

SEC. 119. ACCEPTANCE AND USE OF GRANTS NOT INCLUDED IN

CEILING. (a) * * *

ø(b) REQUIREMENT OF CHIEF FINANCIAL OFFICER REPORT AND

COUNCIL APPROVAL.—No such Federal, private, or other grant may 

be accepted, obligated, or expended pursuant to subsection (a) 

until—

ø(1) the Chief Financial Officer of the District of Columbia 

submits to the Council a report setting forth detailed information regarding such grant; and 

ø(2) the Council within 15 calendar days after receipt of the 

report submitted under paragraph (1) has reviewed and approved the acceptance, obligation, and expenditure of such 

grant.¿

(b) REQUIREMENT OF CHIEF FINANCIAL OFFICER REPORT AND

COUNCIL APPROVAL.—

(1) IN GENERAL.—No such Federal, private, or other grant 

may be accepted, obligated, or expended pursuant to subsection 

(a) until—

72

(A) the Chief Financial Officer of the District of Columbia submits to the Council a report setting forth detailed 

information regarding such grant; and 

(B) the Council has reviewed and approved the acceptance, obligation, and expenditure of such grant. 

(2) DEEMED APPROVAL BY COUNCIL.—For purposes of paragraph (1)(B), the Council shall be deemed to have reviewed and 

approved the acceptance, obligation, and expenditure of a grant 

if— (A) no written notice of disapproval is filed with the Secretary of the Council within 14 calendar days of the receipt 

of the report from the Chief Financial Officer under paragraph (1)(A); or 

(B) if such a notice of disapproval is filed within such 

deadline, the Council does not by resolution disapprove the 

acceptance, obligation, or expenditure of the grant within 

30 calendar days of the initial receipt of the report from the 

Chief Financial Officer under paragraph (1)(A).

* * * * * * *

SECTION 16 OF THE VICTIMS OF VIOLENT CRIME 

COMPENSATION ACT OF 1996

SEC. 16. (a) * * *

* * * * * * *

(d) Any unobligated balance existing in the Fund as of the end 

of each fiscal year (beginning with fiscal year 2000) may be used 

only in accordance with a plan developed by the District of Columbia which is submitted to the Committees on Appropriations of the 

Senate and House of Representatives, the Committee on Government Reform of the House of Representatives, and the Committee 

on Governmental Affairs of the Senate, except that under such 

plan—

(1) * * *

ø(2) 50 percent of such balance shall be used for outreach activities designed to increase the number of crime victims who 

apply for such direct compensation payments.¿

(2) 50 percent of such balance shall be transferred from the 

Fund to the Mayor and shall be used without fiscal year limitation for outreach activities designed to increase the number of 

crime victims who apply for such direct compensation payments.

* * * * * * *

SECTION 159 OF THE DISTRICT OF COLUMBIA 

APPROPRIATIONS ACT, 2001

RESERVE FUNDS

SEC. 159. (a)***

* * * * * * *

(c) EFFECTIVE DATE.—

73

(1) * * *

* * * * * * *

ø(3) TRANSFER OF FUNDS.—All funds identified by the District government pursuant to section 148 of Public Law 106– 113, as reflected in the certified annual financial report for fiscal year 2000, shall be deposited during fiscal year 2002 into 

the Emergency and Contingency Reserve Funds established 

pursuant to section 159 of Public Law 106–522, during fiscal 

year 2002.¿

* * * * * * *

DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2002

(Public Law 107–116) 

* * * * * * * 

TITLE II—DEPARTMENT OF HEALTH AND HUMAN 

SERVICES 

HEALTH RESOURCES AND SERVICES ADMINISTRATION

HEALTH RESOURCES AND SERVICES

For carrying out title II, IV, VII, VIII, X, XII, XIX, AND XXVI 

of the Public Health Service Act, section 427(a) of the Federal Coal 

Mine Health and Safety Act, title V and sections 1128E and 1820 

of the Social Security Act, the Health Care Quality Improvement 

Act of 1986, as amended, the Native Hawaiian Health Care Act of 

1988, as amended, the Cardiac Arrest Survival Act of 2000, and the 

Poison Control Center Enhancement and Awareness Act, 

$6,081,237,000, of which ø$311,978,000¿ $315,333,000 shall be 

available for construction and renovation of health care and other 

facilities, and of which $40,000,000 from general revenues, notwithstanding section 1820(j) of the Social Security Act, shall be available for carrying out the Medicare rural hospital flexibility grants 

program under section 1820 of such Act: Provided, That of the 

funds made available under this heading, $250,000 shall be available until expended for facilities renovations at the Gillis W. Long 

Hansen’s Disease Center: Provided further, That in addition to fees 

authorized by section 427(b) of the Health Care Quality Improvement Act of 1986, fees shall be collected for the full disclosure of 

information under the Act sufficient to recover the full costs of operating the National Practitioner Data Bank, and shall remain 

available until expended to carry out that Act: Provided further,

That fees collected for the full disclosure of information under the 

‘‘Health Care Fraud and Abuse Data Collection Program’’, authorized by section 1128E(d)(2) of the Social Security Act, shall be sufficient to recover the full costs of operating program, and shall remain available until expended to carry out that Act: Provided further, That no more than $15,000,000 is available for carrying out 

the provisions of Public Law 104–40973: Provided further, That of 

the funds made available under this heading, $265,085,000 shall be 

for the program under title X of the Public Health Service Act to 

74

provide for voluntary family planning projects: Provided further,

That amounts provided to said projects under such title shall not 

be expended for abortions, that all pregnancy counseling shall be 

nondirective, and that such amounts shall not be expended for any 

activity (including the publication or distribution of literature) that 

in any way tends to promote public support or opposition to any 

legislative proposal or candidate for public office: Provided further, That $639,000,000 shall be for State AIDS Drug Assistance Programs authorized by section 2616 of the Public Health Service Act: 

Provided further, That of the amount provided under this heading, $80,000 shall be for the Wausau Health Foundation in Wausau, 

Wisconsin, for a survey and analysis of local health professionals’ career paths to better understand entry into and exit from health 

professions, $100,000 shall be for the University of San Diego Institute for the Advancement of Health Policy to assess through teaching, research and delivery of services the impact of public policy on 

families from vulnerable populations, $200,000 shall be for the 

Luna County, New Mexico and the Columbus Volunteer Fire Department to provide emergency medical services to immigrants, 

$350,000 shall be for the Clinical Pharmacy Training Program at 

the University of Hawaii at Hilo, $475,000 shall be for the American Federation of Negro Affairs, $500,000 shall be for the University of Washington Center for Health Workforce Studies in Seattle, 

Washington, for a demonstration project to collect and analyze 

health workforce data, $800,000 shall be for the University of Iowa 

for the training of Certified Registered Nurse Anesthetists, 

$1,000,000 shall be for the Washington Health Foundation for a 

comprehensive demonstration project on improving nurse retention, 

and $1,100,000 shall be for the Iowa Department of Public Health 

to create a Center for Health Care Workforce Shortage; Provided 

further, That, notwithstanding section 502(a)(1) of the Social Secu- rity Act, not to exceed $115,236,000 is available for carrying out 

special projects of regional and national significance pursuant to 

section 501(a)(2) of such Act, of which $50,000 is for the Center for 

Great Expectations, Somerville, New Jersey to provide prenatal 

health care, education and counseling for pregnant teens, $565,000 

is for the Milwaukee Health Department for a pilot program providing health care services to at risk children in day care, and 

$4,000,000 is for the Columbia Hospital for Women Medical Center 

in Washington, D.C., to support community outreach programs for 

women: Provided further, That $10,000,000 is available for special 

projects of regional and national significance under section 

501(a)(2) of the Social Security Act, which shall not be counted toward compliance with the allocation required in section 502(a)(1) of 

such Act, and which shall be used only for making competitive 

grants to provide abstinence education (as defined in section 

510(b)(2) of such Act) to adolescents and for evaluations (including 

longitudinal evaluations) of activities under the grants and for Federal costs of administering the grants: Provided further, That 

grants under the immediately preceding proviso shall be made only 

to public and private entities which agree that, with respect to an 

adolescent to whom the entities provide abstinence education under 

such grant, the entities will not provide to that adolescent any 

other education regarding sexual conduct, except that, in the case 

of an entity expressly required by law to provide health informaVerDate May 16 2002 09:16 May 21, 2002 Jkt 078866 PO 00000 Frm 00074 Fmt 6659 Sfmt 6602 E:\HR\OC\HR480.XXX pfrm20 PsN: HR480
75

tion or services the adolescent shall not be precluded from seeking 

health information or services from the entity in a different setting 

than the setting in which the abstinence education was provided: 

Provided further, That the funds expended for such evaluations 

may not exceed 3.5 percent of such amount. 

* * * * * * *

CHAPTER 9 OF THE EMERGENCY SUPPLEMENTAL ACT, 

2002

CHAPTER 9

LEGISLATIVE BRANCH 

* * * * * * *

HOUSE OF REPRESENTATIVES 

ADMINISTRATIVE PROVISIONS

SEC. 903. (a) ACQUISITION OF BUILDINGS AND FACILITIES.—Notwithstanding any other provision of law, in order to respond to an 

emergency situation, the Chief Administrative Officer of the House 

of Representatives may acquire buildings and facilities, subject to 

the availability of appropriations, for the use of the House of Representatives by lease, purchase, or such other arrangement as the 

Chief Administrative Officer considers appropriate (including a 

memorandum of understanding with the head of an executive agency, as defined in section 105 of title 5, United States Code, in the 

case of a building or facility under the control of such Agency), subject to the approval of the House Office Building Commission. 

* * * * * * *

SECTION 9 OF THE ACT OF JULY 31, 1946

AN ACT To define the area of the United States Capitol Grounds, to regulate the 

use thereof, and for other purposes 

SEC. 9. (a) * * *

* * * * * * *

ø(b)¿ (c) For purposes of this section, ‘‘the United States Capital 

Buildings and Grounds’’ shall include any building or facility acquired by the Chief Administrative Officer of the House of Representatives for the use of the House of Representatives for which 

the Chief Administrative Officer has entered into an agreement 

with the United States Capitol Police for the policing of the building or facility. 

* * * * * * *

76

SECTION 576 OF THE FOREIGN OPERATIONS, EXPORT 

FINANCING, AND RELATED PROGRAMS APPROPRIATIONS ACT, 2002

(Public Law 107–115) 

UNITED NATIONS POPULATION FUND

SEC. 576. (a) LIMITATIONS ON AMOUNT OF CONTRIBUTION.—Of the 

amounts made available under ‘‘International Organizations and 

Programs’’, ønot more than¿ $34,000,000 for fiscal year 2002 shall 

be made available for the United Nations Population Fund (hereafter in this section referred to as the ‘‘UNFPA’’). 

* * * * * * *

(d) OBLIGATION AND DISBURSEMENT.—Funds made available pursuant to subsection (a) shall be obligated and disbursed not later 

than July 10, 2002, unless otherwise prohibited by law.

øUNITED NATIONS POPULATION FUND

øSEC. 576. (a) LIMITATIONS ON AMOUNT OF CONTRIBUTION.—Of 

the amounts made available under ‘‘International Organizations 

and Programs’’, not more than $34,000,000 for fiscal year 2002 

shall be made available for the United Nations Population Fund 

(hereafter in this section referred to as the ‘‘UNFPA’’). 

ø(b) PROHIBITION ON USE OF FUNDS IN CHINA.—None of the 

funds made available under ‘‘International Organizations and Programs’’ may be made available for the UNFPA for a country program in the People’s Republic of China. 

ø(c) CONDITIONS ON AVAILABILITY OF FUNDS.—Amounts made 

available under ‘‘International Organizations and Programs’’ for fiscal year 2002 for the UNFPA may not be made available to 

UNFPA unless—

ø(1) the UNFPA maintains amounts made available to the 

UNFPA under this section in an account separate from other 

accounts of the UNFPA; 

ø(2) the UNFPA does not commingle amounts made available to the UNFPA under this section with other sums; and 

ø(3) the UNFPA does not fund abortions.¿

UNITED NATIONS POPULATION FUND

SEC. 576. (a) LIMITATIONS ON AMOUNT OF CONTRIBUTION.—Of the 

amounts made available under ‘‘International Organizations and 

Programs’’, not more than $34,000,000 for fiscal year 2002 shall be 

made available for the United Nations Population Fund (hereafter 

in this section referred to as the ‘‘UNFPA’’). 

(b) PROHIBITION ON USE OF FUNDS IN CHINA.—None of the funds 

made available under ‘‘International Organizations and Programs’’

may be made available for the UNFPA for a country program in the 

People’s Republic of China. 

(c) CONDITIONS ON AVAILABILITY OF FUNDS.—Amounts made 

available under ‘‘International Organizations and Programs’’ for fiscal year 2002 for the UNFPA may not be made available to UNFPA 

unless—

77

(1) the UNFPA maintains amounts made available to the 

UNFPA under this section in an account separate from other 

accounts of the UNFPA; 

(2) the UNFPA does not commingle amounts made available 

to the UNFPA under this section with other sums; and 

(3) the UNFPA does not fund abortions. 

(d) DETERMINATION BY PRESIDENT.—Not later than July 31, 

2002, the President shall transmit to the Committees on Appropriations his determination whether UNFPA supports or participates in 

the management of a program of coercive abortion or involuntary 

sterilization.

* * * * * * *

78

FULL COMMITTEE VOTES

Pursuant to the provisions of clause 3(b) of rule XIII of the House 

of Representatives, the results of each roll call vote on an amendment or on the motion to report, together with the names of those 

voting for and those voting against, are printed below: 

ROLLCALL NO. 1

Date: May 9, 2002. 

Measure: Supplemental Appropriations Bill for Further Recovery 

From and Response to Terrorist Attacks on the United States, FY 

2002. 

Motion by: Mr. Hoyer. 

Description of Motion: To express the sense of the House of Representatives that the Assistant to the President for Homeland Security should testify before the House Committee on Appropriations 

in a public forum on matters pertaining to the president’s fiscal 

year 2003 budget request for homeland security. 

Results: Rejected 27 yeas to 34 nays. 

Members Voting Yea Members Voting Nay 

Mr. Boyd Mr. Aderholt 

Mr. Clyburn Mr. Bonilla 

Ms. DeLauro Mr. Callahan 

Mr. Dicks Mr. DeLay 

Mr. Edwards Mr. Doolittle 

Mr. Farr Mrs. Emerson 

Mr. Fattah Mr. Frelinghuysen 

Mr. Hinchey Mr. Goode 

Mr. Hoyer Ms. Granger 

Mr. Jackson Mr. Hobson 

Ms. Kaptur Mr. Istook 

Mr. Kennedy Mr. Kingston 

Ms. Kilpatrick Mr. Knollenberg 

Mrs. Lowey Mr. Kolbe 

Mrs. Meek Mr. LaHood 

Mr. Mollohan Mr. Latham 

Mr. Moran Mr. Lewis 

Mr. Murtha Mr. Miller 

Mr. Obey Mr. Nethercutt 

Mr. Olver Mrs. Northup 

Mr. Pastor Mr. Regula 

Mr. Price Mr. Rogers 

Mr. Rothman Mr. Sherwood 

Ms. Roybal-Allard Mr. Skeen 

Mr. Sabo Mr. Sununu 

Mr. Serrano Mr. Sweeney 

Mr. Visclosky Mr. Taylor 

Mr. Tiahrt 

Mr. Vitter 

Mr. Walsh 

Mr. Wamp 

Mr. Wicker 

Mr. Wolf 

Mr. Young

79

FULL COMMITTEE VOTES

Pursuant to the provisions of clause 3(b) of rule XIII of the House 

of Representatives, the results of each rollcall vote on an amendment or on the motion to report, together with the names of those 

voting for and those voting against, are printed below: 

ROLLCALL NO. 2

Date: May 9, 2002. 

Measure: Supplemental Appropriations Bill for Further Recovery 

From and Response to Terrorist Attacks on the United States, FY 

2002. 

Motion by: Mr. Obey. 

Description of motion: To provide $382,000,000 for ‘‘Substance 

Abuse and Mental Health Services’’ to be used only for drug abuse 

treatment activities. 

Results: Rejected 25 yeas to 33 nays. 

Members Voting Yea Members Voting Nay 

Mr. Boyd Mr. Aderholt 

Mr. Clyburn Mr. Bonilla 

Mr. Cramer Mr. Callahan 

Mr. Cunningham Mr. DeLay 

Ms. DeLauro Mr. Doolittle 

Mr. Dicks Mrs. Emerson 

Mr. Edwards Mr. Frelinghuysen 

Mr. Farr Mr. Goode 

Mr. Hinchey Ms. Granger 

Mr. Hoyer Mr. Istook 

Mr. Jackson Mr. Kingston 

Ms. Kaptur Mr. Knollenberg 

Mr. Kennedy Mr. Kolbe 

Ms. Kilpatrick Mr. LaHood 

Mrs. Lowey Mr. Latham 

Mrs. Meek Mr. Lewis 

Mr. Moran Mr. Miller 

Mr. Murtha Mrs. Northup 

Mr. Obey Mr. Peterson 

Mr. Pastor Mr. Regula 

Mr. Rothman Mr. Rogers 

Ms. Roybal-Allard Mr. Sherwood 

Mr. Sabo Mr. Skeen 

Mr. Serrano Mr. Sununu 

Mr. Visclosky Mr. Sweeney 

Mr. Taylor 

Mr. Tiahrt 

Mr. Vitter 

Mr. Walsh 

Mr. Wamp 

Mr. Wicker 

Mr. Wolf 

Mr. Young

80

FULL COMMITTEE VOTES

Pursuant to the provisions of clause 3(b) of rule XIII of the House 

of Representatives, the results of each rollcall vote on an amendment or on the motion to report, together with the names of those 

voting for and those voting against, are printed below: 

ROLLCALL NO. 3

Date: May 9, 2002. 

Measure: Supplemental Appropriations Bill for Further Recovery 

From and Response to Terrorist Attacks on the United States, FY 

2002. 

Motion by: Mr. Kolbe. 

Description of motion: To provide (in lieu of the pending amendment offered by Ms. Kaptur) an increase of $6,000,000 for ‘‘International Narcotics Control and Law Enforcement, and to reduce 

the ‘‘Foreign Military Financing Program’’ by $6,000,000. 

Results: Adopted 30 yeas to 19 nays. 

Members Voting Yea Members Voting Nay 

Mr. Aderholt Mr. Dicks 

Mr. Bonilla Mr. Farr 

Mr. Callahan Mr. Fattah 

Mr. Cunningham Mr. Hinchey 

Mr. DeLay Mr. Hoyer 

Mr. Doolittle Ms. Kaptur 

Mr. Frelinghuysen Mr. Kennedy 

Mr. Goode Ms. Kilpatrick 

Ms. Granger Mrs. Lowey 

Mr. Knollenberg Mrs. Meek 

Mr. Kolbe Mr. Mollohan 

Mr. LaHood Mr. Obey 

Mr. Latham Mr. Olver 

Mr. Lewis Mr. Pastor 

Mrs. Northup Mr. Price 

Mr. Peterson Mr. Rothman 

Mr. Regula Ms. Roybal-Allard 

Mr. Rogers Mr. Sabo 

Mr. Sherwood Mr. Serrano 

Mr. Skeen 

Mr. Sununu 

Mr. Sweeney 

Mr. Taylor 

Mr. Tiahrt 

Mr. Vitter 

Mr. Walsh 

Mr. Wamp 

Mr. Wicker 

Mr. Wolf 

Mr. Young

81

FULL COMMITTEE VOTES

Pursuant to the provisions of clause 3(b) of rule XIII of the House 

of Representatives, the results of each rollcall vote on an amendment or on the motion to report, together with the names of those 

voting for and those voting against, are printed below:

ROLLCALL NO. 4

Date: May 9, 2002. 

Measure: Supplemental Appropriations Bill for Further Recovery 

From and Response to Terrorist Attacks on the United States, FY 

2002. 

Motion by: Mr. DeLay. 

Description of Motion: To include, as a new title, the ‘‘American 

Service Members’ Protection Act of 2002’’. 

Results: Adopted 38 yeas to 18 nays; 5 Present.

Members Voting Yea Members Voting Nay Members Voting Present 

Mr. Aderholt Mr. Clyburn Mr. Boyd 

Mr. Bonilla Ms. DeLauro Mr. Hoyer 

Mr. Callahan Mr. Edwards Mr. Obey 

Mr. Cramer Mr. Farr Mr. Pastor 

Mr. Cunningham Mr. Fattah Mr. Rothman 

Mr. DeLay Mr. Hinchey 

Mr. Dicks Mr. Kennedy 

Mr. Doolittle Ms. Kilpatrick 

Mrs. Emerson Mrs. Lowey 

Mr. Frelinghuysen Mrs. Meek 

Mr. Goode Mr. Moran 

Ms. Granger Mr. Olver 

Mr. Hobson Ms. Pelosi 

Mr. Istook Mr. Price 

Mr. Kingston Ms. Roybal-Allard 

Mr. Knollenberg Mr. Sabo 

Mr. Kolbe Mr. Serrano 

Mr. LaHood Mr. Visclosky 

Mr. Latham 

Mr. Lewis 

Mr. Miller 

Mr. Mollohan 

Mr. Murtha 

Mrs. Northup 

Mr. Peterson 

Mr. Regula 

Mr. Rogers 

Mr. Sherwood 

Mr. Skeen 

Mr. Sununu 

Mr. Sweeney 

Mr. Tiahrt 

Mr. Vitter 

Mr. Walsh 

Mr. Wamp 

Mr. Wicker 

Mr. Wolf 

Mr. Young 

82

FULL COMMITTEE VOTES

Pursuant to the provisions of clause 3(b) of rule XIII of the House 

of Representatives, the results of each rollcall vote on an amendment or on the motion to report, together with the names of those 

voting for and those voting against, are printed below: 

ROLLCALL NO. 5

Date: May 9, 2002. 

Measure: Supplemental Appropriations Bill for Further Recovery 

From and Response to Terrorist Attacks on the United States, FY 

2002. 

Motion by: Mrs. Lowey. 

Description of motion: To provide an additional $500,000,000 for 

‘‘Child Survival and Health Programs Fund’’ for a United States 

contribution to the Global Fund to combat AIDS, Tuberculosis, and 

Malaria. 

Results: Rejected 29 yeas to 33 nays. 

Members Voting Yea Members Voting Nay 

Ms. DeLauro Mr. Aderholt 

Mr. Dicks Mr. Bonilla 

Mr. Edwards Mr. Boyd 

Mr. Farr Mr. Callahan 

Mr. Fattah Mr. Cramer 

Mr. Hinchey Mr. Cunningham 

Mr. Hoyer Mr. Doolittle 

Mr. Jackson Mrs. Emerson 

Ms. Kaptur Mr. Frelinghuysen 

Mr. Kennedy Mr. Goode 

Ms. Kilpatrick Ms. Granger 

Mrs. Lowey Mr. Hobson 

Mrs. Meek Mr. Istook 

Mr. Mollohan Mr. Kingston 

Mr. Moran Mr. Knollenberg 

Mr. Murtha Mr. Kolbe 

Mr. Obey Mr. LaHood 

Mr. Olver Mr. Latham 

Mr. Pastor Mr. Lewis 

Ms. Pelosi Mr. Miller 

Mr. Price Mrs. Northup 

Mr. Rothman Mr. Peterson 

Ms. Roybal-Allard Mr. Regula 

Mr. Sabo Mr. Rogers 

Mr. Serrano Mr. Sherwood 

Mr. Sununu Mr. Skeen 

Mr. Sweeney Mr. Taylor 

Mr. Visclosky Mr. Tiahrt 

Mr. Wamp Mr. Vitter 

Mr. Walsh 

Mr. Wicker 

Mr. Wolf 

Mr. Young

83

FULL COMMITTEE VOTES

Pursuant to the provisions of clause 3(b) of rule XIII of the House 

of Representatives, the results of each rollcall vote on an amendment or on the motion to report, together with the names of those 

voting for and those voting against, are printed below: 

ROLLCALL NO. 6

Date: May 9, 2002. 

Measure: Supplemental Appropriations Bill for Further Recovery 

From and Response to Terrorist Attacks on the United States, FY 

2002. 

Motion by: Mr. Kolbe. 

Description of motion: To hold the Secretary of Defense responsible, under section 7 of the Endangered Species Act, only for water 

consumption that occurs on a military installation or on lands 

under the Secretary’s direct authority and control. 

Results: Adopted 36 yeas to 26 nays. 

Members Voting Yea Members Voting Nay 

Mr. Aderholt Mr. Boyd 

Mr. Bonilla Mr. Clyburn 

Mr. Callahan Mr. Cramer 

Mr. Cunningham Ms. DeLauro 

Mr. Doolittle Mr. Dicks 

Mr. Edwards Mr. Farr 

Mrs. Emerson Mr. Fattah 

Mr. Frelinghuysen Mr. Hinchey 

Mr. Goode Mr. Hoyer 

Ms. Granger Ms. Kaptur 

Mr. Hobson Mr. Kennedy 

Mr. Istook Ms. Kilpatrick 

Mr. Kingston Mrs. Lowey 

Mr. Knollenberg Mrs. Meek 

Mr. Kolbe Mr. Mollohan 

Mr. LaHood Mr. Moran 

Mr. Latham Mr. Murtha 

Mr. Lewis Mr. Obey 

Mr. Miller Mr. Olver 

Mrs. Northup Ms. Pelosi 

Mr. Pastor Mr. Price 

Mr. Peterson Mr. Rothman 

Mr. Regula Ms. Roybal-Allard 

Mr. Rogers Mr. Sabo 

Mr. Sherwood Mr. Serrano 

Mr. Skeen

84

Members Voting Yea Members Voting Nay 

Mr. Visclosky 

Mr. Sununu 

Mr. Sweeney 

Mr. Taylor 

Mr. Tiahrt 

Mr. Vitter 

Mr. Walsh 

Mr. Wamp 

Mr. Wicker 

Mr. Wolf 

Mr. Young

85

FULL COMMITTEE VOTES

Pursuant to the provisions of clause 3(b) of rule XII of the House 

of Representatives, the results of each rollcall vote on an amendment or on the motion to report, together with the names of those 

voting for and those voting against, are printed below: 

ROLLCALL NO. 7

Date: May 9, 2002. 

Measure: Supplemental Appropriations Bill for Further Recovery 

From and Response to Terrorist Attacks on the United States, FY 

2002. 

Motion by: Mr. Kolbe (as amended by the substitute amendment 

offered by Mrs. Lowey). 

Description of motion: To require, unless otherwise prohibited by 

law, that $34,000,000 previously appropriated for the United Nations Population Fund be obligated and disbursed by July 10, 2002. 

Results: Adopted 32 yeas to 31 nays. 

Members Voting Yea Members Voting Nay 

Mr. Boyd Mr. Aderholt 

Mr. Clyburn Mr. Bonilla 

Mr. Cramer Mr. Callahan 

Ms. DeLauro Mr. Cunningham 

Mr. Dicks Mr. DeLay 

Mr. Edwards Mr. Doolittle 

Mr. Farr Mrs. Emerson 

Mr. Fattah Mr. Goode 

Mr. Frelinghuysen Ms. Granger 

Mr. Hinchey Mr. Istook 

Mr. Hobson Mr. Kingston 

Mr. Hoyer Mr. Knollenberg 

Mr. Jackson Mr. LaHood 

Ms. Kaptur Mr. Latham 

Mr. Kennedy Mr. Lewis 

Ms. Kilpatrick Mr. Mollohan 

Mr. Kolbe Mr. Murtha 

Mrs. Lowey Mrs. Northup 

Mrs. Meek Mr. Peterson 

Mr. Miller Mr. Rogers 

Mr. Moran Mr. Sherwood 

Mr. Obey Mr. Skeen 

Mr. Olver Mr. Sununu 

Mr. Pastor Mr. Taylor 

Ms. Pelosi Mr. Tiahrt 

Mr. Price Mr. Vitter 

Mr. Regula Mr. Walsh 

Mr. Rothman Mr. Wamp 

Ms. Roybal-Allard Mr. Wicker 

Mr. Sabo Mr. Wolf 

Mr. Serrano Mr. Young 

Mr. Visclosky

86

FULL COMMITTEE VOTES

Pursuant to the provisions of clause 3(b) of rule XIII of the House 

of Representatives, the results of each rollcall vote on an amendment or on the motion to report, together with the names of those 

voting for and those voting against, are printed below: 

ROLLCALL NO. 8

Date: May 14, 2002. 

Measure: Supplemental Appropriations Bill for Further Recovery 

From and Response to Terrorist Attacks on the United States, FY 

2002. 

Motion by: Mr. Serrano. 

Description of motion: To prohibit the Justice Department from 

entering into Memorandum of Understanding with State or local 

governments pursuant to section 287(g) of the Immigration and 

Nationality Act as amended. 

Results: Rejected 23 yeas to 33 nays. 

Members Voting Yea Members Voting Nay 

Mr. Clyburn Mr. Aderholt 

Ms. DeLauro Mr. Bonilla 

Mr. Dicks Mr. Boyd 

Mr. Farr Mr. Callahan 

Mr. Fattah Mr. Cramer 

Mr. Hinchey Mr. Cunningham 

Mr. Hoyer Mr. Doolittle 

Mr. Jackson Mr. Edwards 

Ms. Kaptur Mrs. Emerson 

Mr. Kennedy Mr. Frelinghuysen 

Ms. Kilpatrick Mr. Goode 

Mrs. Lowey Ms. Granger 

Mrs. Meek Mr. Hobson 

Mr. Moran Mr. Istook 

Mr. Obey Mr. Knollenberg 

Mr. Olver Mr. Kolbe 

Mr. Pastor Mr. LaHood 

Ms. Pelosi Mr. Latham 

Mr. Price Mr. Lewis 

Ms. Roybal-Allard Mr. Miller 

Mr. Sabo Mr. Nethercutt 

Mr. Serrano Mrs. Northup 

Mr. Visclosky Mr. Regula 

Mr. Rogers 

Mr. Sherwood 

Mr. Skeen 

Mr. Sununu 

Mr. Tiahrt 

Mr. Vitter 

Mr. Walsh 

Mr. Wamp 

Mr. Wolf 

Mr. Young

87

FULL COMMITEE VOTES

Pursuant to the provisions of clause 3(b) of rule XIII of the House 

of Representatives, the results of each rollcall vote on an amendment or on the motion to report, together with the names of those 

voting for and those voting against, are printed below: 

ROLLCALL NO. 9

Date: May 14, 2002. 

Measure: Supplemental Appropriations Bill for Further Recovery 

From and Reponse to Terrorist Attacks on the United States, FY 

2002. 

Motion by: Mr. Serrano (as amended by the substitute amendment offered by Mr. Farr). 

Description of Motion: To temporarily extend section 245(i) of the 

Immigration and Nationality Act, as amended, to allow illegal 

aliens who may be eligible for immigrant visas to adjust their status in the U.S. upon payment of a fee, instead of having to pursue 

their visa applications from abroad. 

Results: Rejected 27 yeas to 32 nays. 

Members Voting Yea Members Voting Nay 

Mr. Bonilla Mr. Aderholt 

Mr. Clyburn Mr. Boyd 

Ms. DeLauro Mr. Callahan 

Mr. Dicks Mr. Cramer 

Mr. Edwards Mr. Doolittle 

Mr. Farr Mrs. Emerson 

Mr. Fattah Mr. Frelinghuysen 

Mr. Hinchey Mr. Goode 

Mr. Hobson Ms. Granger 

Mr. Hoyer Mr. Istook 

Mr. Jackson Mr. Kingston 

Ms. Kaptur Mr. Knollenberg 

Mr. Kennedy Mr. Kolbe 

Ms. Kilpatrick Mr. LaHood 

Mr. Latham Mr. Lewis 

Mrs. Lowey Mr. Miller 

Mrs. Meek Mr. Nethercutt 

Mr. Moran Mrs. Northup 

Mr. Obey Mr. Peterson 

Mr. Olver Mr. Regula 

Mr. Pastor Mr. Rogers 

Ms. Pelosi Mr. Sherwood 

Mr. Price Mr. Skeen 

Ms. Roybal-Allard Mr. Sununu 

Mr. Sabo Mr. Taylor 

Mr. Serrano Mr. Tiahrt 

Mr. Walsh Mr. Visclosky 

Mr. Vitter 

Mr. Wamp 

Mr. Wicker 

Mr. Wolf 

Mr. Young

88

FULL COMMITTEE VOTES

Pursuant to the provisions of clause 3(b) of rule XIII of the House 

of Representatives, the results of each rollcall vote on an amendment or on the motion to report, together with the names of those 

voting for and those voting against, are printed below: 

ROLLCALL NO. 10

Date: May 15, 2002. 

Measure: Supplemental Appropriations Bill for Further Recovery 

From and Response to Terrorist Attacks on the United States, FY 

2002. 

Motion by: Mr. Tiahrt. 

Description of motion: To reiterate existing appropriations law 

regarding the United Nations Population Fund, and to require the 

transmittal not later than July 31, 2002 of a Presidential determination regarding support or participation in the management of 

a program of coercive abortion or involuntary sterilization. 

Results: Adopted 32 yeas to 30 nays. 

Members Voting Yea Members Voting Nay 

Mr. Aderholt Mr. Boyd 

Mr. Bonilla Mr. Clyburn 

Mr. Callahan Ms. DeLauro 

Mr. Cunningham Mr. Dicks 

Mr. DeLay Mr. Edwards 

Mr. Doolittle Mr. Farr 

Mrs. Emerson Mr. Fattah 

Mr. Goode Mr. Frelinghuysen 

Ms. Granger Mr. Hinchey 

Mr. Istook Mr. Hobson 

Mr. Kingston Mr. Hoyer 

Mr. Knollenberg Mr. Jackson 

Mr. LaHood Ms. Kaptur 

Ms. Latham Mr. Kennedy 

Mr. Lewis Ms. Kilpatrick 

Mr. Mollohan Mr. Kolbe 

Mr. Nethercutt Mrs. Lowey 

Mrs. Nothrup Mrs. Meek 

Mr. Peterson Mr. Moran 

Mr. Rogers Mr. Obey 

Mr. Sherwood Mr. Olver 

Mr. Skeen Mr. Pastor 

Mr. Sununu Ms. Pelosi 

Mr. Sweeney Mr. Price 

Mr. Taylor Mr. Regula 

Mr. Tiahrt Mr. Rothman 

Mr. Vitter Ms. Roybal-Allard 

Mr. Walsh Mr. Sabo 

Mr. Wamp Mr. Serrano 

Mr. Wicker Mr. Visclosky 

Mr. Wolf 

Mr. Young

89


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(108)

ADDITIONAL VIEWS OF DAVID R. OBEY 

PROVIDING THE RESOURCES NEEDED TO COUNTER TERRORISTS

This bill, like the Supplemental that Congress passed in December, contains a significant number of increases in counter-terrorism 

funding that were not requested by the President. In most instances, the add-ons contained in this bill are items that agency 

heads appointed by this administration asked the Office of Management and Budget to include in the President’s Budget. While 

the Committee itself decided that many of the items which Executive Branch agencies requested were not urgent enough to fund at 

this time, it is fair to say, that on a bipartisan basis we were 

struck by the number of compelling requests for counter-terrorism 

funds that the Office of Management and Budget rejected. To put 

it bluntly, we are increasingly mystified as to why the administration’s tough rhetoric on terrorism is not translated into its budget 

policy. 

It would be far better if such issues could be resolved by thoughtful discussion between those with differing perspectives—particularly at a time when our homeland security is so seriously threatened. Issues like this—at times like this—should not become a 

matter for open conflict between the branches of government or between the two political parties. We have sought to have discussions 

and reconcile differences. Those of us in both parties and in both 

Houses of Congress who are concerned about these issues have attempted in direct discussions with the President and in discussions 

with his senior advisors to understand the White House perspective 

on these issues and to share our honest and heartfelt concerns. Unfortunately, those efforts have been pointedly rejected. 

As elected representatives and as members of the branch of government that the Constitution establishes as preeminent in decisions about the financing of government activities, we have a clear 

responsibility to take actions we deem appropriate to protect the 

people of the United States. I think I can speak for members of the 

Appropriations Committee of both parties in saying that we would 

much prefer to do this without public confrontation. Nonetheless, 

the Office of Management and Budget has once again compelled us 

to such a debate. 

SECURING NUCLEAR WEAPONS AND RADIOACTIVE MATERIALS

Perhaps the most important thing we can do in fighting terrorism is to deny organizations such as Al Qaeda access to weapons 

of mass destruction. The U.S. Department of Energy submitted 

proposals to tighten security with respect to a number of activities. 

Secretary Abraham in a letter to the Director of OMB stated:

* * * we are storing vast amounts of materials that remain highly volatile and subject to unthinkable conVerDate May 16 2002 09:16 May 21, 2002 Jkt 078866 PO 00000 Frm 00108 Fmt 6604 Sfmt 6604 E:\HR\OC\HR480.XXX pfrm20 PsN: HR480
109

sequences if placed in the wrong hands. These materials 

permeate the Departmental complex including sites under 

the programmatic jurisdiction of the National Nuclear Security Administration, the Office of Environmental Management, and the Office of Science * * * Although the initial supplemental and funds appropriated by Congress 

helped respond to the most urgent near-term security 

needs, the Department is now unable to meet the next 

round of critical security mission requirements * * * Failure to support these urgent security requirements is a risk 

that would be unwise.

The Department of Energy proposed a total of $380 million to 

fund a variety of projects to enhance the security of radioactive materials here at home and overseas. These included: 

Security measures surrounding the transport of nuclear 

weapons within the United States, 

Improving the manner in which we secure and store plutonium (the most critical and difficult to obtain of the materials 

used in nuclear weapons); and 

The clean-up, transport and securing in a central depository 

of low-level radioactive materials that could be used as material for building a ‘‘dirty bomb.’’

The Department requested a total of $380 million for these and 

other similar activities. Of that amount, OMB provided only $27 

million or about 7%. The Chief Financial Officer of the Department 

who was appointed by President Bush last May wrote in exasperation to several senior-level operatives at OMB to state:

We are disconcerted that OMB refused our security supplemental request. I would have much preferred to have 

heard this from you personally, and been given an opportunity to discuss, not to mention, appeal your decision.

This bill contains $250 million distributed among the activities 

requested by the Secretary, $223 million above the amount requested by the President. 

FINDING TERRORISTS WHO ARE ILLEGALLY IN THE UNITED STATES

Another striking omission from the President’s supplemental request involved efforts to round up and deport the most potentially 

dangerous of those individuals who entered the country on visas 

that have now expired. Currently, there are an estimated 7 million 

undocumented immigrants in the United States, and only 2,000 interior immigration enforcement officers nationwide. The Immigration and Naturalization Service requested $52 million for analysts 

to help find, arrest and deport high-risk individuals who have disregarded the departure dates on their visas. The analysts would 

use existing databases and work with other law enforcement agencies and the Foreign Terrorist Tracking Task Force to find better 

methods of identifying and locating such individuals. OMB denied 

the entire request. This bill contains $25 million that the Committee believes the INS can spend this year.

110

MODERNIZING THE FEDERAL BUREAU OF INVESTIGATION

Last fall, OMB denied the Federal Bureau of Investigation two 

thirds of the $1.5 billion in funds they had requested in the wake 

of the September 11th bombing. Among the funds denied was 

money needed to accelerate the new ‘‘Trilogy’’ computer system 

that will become the backbone of all communication with in the Bureau. Also included were funds: to enhance the internal security of 

the FBI’s systems and procedures; for high-tech ‘‘cyber cops’’and 

hazardous materials personnel; to improve DNA analysis and surveillance programs; and to make infrastructure and personnel improvements. The Congress provided $212 million about the President’s request. This will permit the Trilogy system to be completed 

by this summer rather than in 2004, as would be the case under 

the President’s request. It also permitted the Bureau to hire analysts of various backgrounds to help synthesize the broad spectrum 

of counter-terrorism information in the FBI system. 

In January, the FBI argued for additional funds for several critical activities, including to upgrade the security of the new computer system and to begin to convert the enormous number of existing paper files into computer files that could be backed up, protected against loss and easily shared by investigators across the 

country. They also asked for funds to increase the Bureau’s access 

to foreign language translators and analysts. In total the Bureau 

stated that they had immediate needs for $635 million in additional funding. OMB denied all but $10 million. This bill contains 

$112 million for these activities, the amount the Committee believes can be expended before the end of the current fiscal year. 

PROTECTING HIGH-RISK PUBLIC FACILITIES

After September 11, the Corps of Engineers informed the White 

House that it had 316 sites around the country that it considered 

unduly vulnerable to attack. Some of these were dams and flood 

control projects that if bombed or sabotaged could cause horrific 

loss of life and property damage. The Corps argued that simple 

steps such as installation of fencing and remote TV cameras could 

in many instances mitigate much of the potential risk. The December supplemental provide sufficient funds to allow security work to 

begin on the 100 most vulnerable projects. In January, the Corps 

asked for funds so that work could begin on additional projects that 

posed less of a threat than those covered in the December appropriation but which nonetheless needed immediate attention. The 

total cost for meeting that need was $128 million. OMB denied the 

entire request. This bill funds the Corps’ entire request. 

CHAOS AT THE TRANSPORTATION SECURITY ADMINISTRATION

The Bush Administration has spent over five months developing 

a plan to increase aviation security pursuant to the Aviation and 

Transportation Security Act enacted after the September 11 terrorist attacks. Unfortunately, the new Transportation Security Administration (TSA) still cannot answer basic questions about the 

details of these plans. 

The only information provided by the TSA to the Committee arrived less than three weeks ago on the days of April 24, 25 and 

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29th. That information is now changing apparently because TSA 

recognized that the proposal was not sustainable after the first 

round of questions from the Congress and the press. 

Among those questions were why TSA screening guards with two years of experience would be paid $84,000 a year—more than airport managers in many of the airports in which they would be located. So far, TSA’s response to this is that they are reviewing the 

salary structure. In fact, the salary levels that TSA provided on 

April 29 showed salaries for law enforcement officers, Federal security directors and Federal security director staff that in some instances will be higher than those of the mayor of the town or airport director. 

A second question was why TSA requested no funding to pay for 

airport construction costs for proper placement of explosive detection equipment. The latest information from the agency would have 

the federal government spending $650 million for the purchase of 

massive baggage screening equipment without any plan or funding 

to construct facilities in which to locate the equipment. Presumably 

the new machines would upon their arrival be placed in warehouses at government expense until adequate facilities could be 

constructed. 

A third question that the agency has failed to answer is why the 

TSA needs more than 600 people in its Washington headquarters. 

Further, there is no explanation for why it plans to pay an average 

staff salary (including benefits) at its headquarters in Washington 

D.C. of $112,600. This exceeds the average staff salary (including 

benefits) for the DOT Office of the Secretary, FAA headquarters 

staff, Supreme Court, and the White House Executive Office of the 

President. 

TSA can still not tell us how many people it will employ when 

it reaches full strength although there are rumors that internal 

discussions have included figures approaching 70,000 for the air 

transportation portion alone. 

Still other questions include: what plans have been devised for 

installing explosive detection equipment and trace detectors? Does 

TSA plan to install this equipment in airport lobbies or in the baggage routing area? Does TSA plan to open all bags to be checked 

with trace detection equipment in front of the passenger? 

In addition, we have not been assured that the TSA has appropriately addressed the Inspector General’s concerns that TSA may 

be allowing payments to its contractors before the verifying that 

the work has been performed. The TSA, which will quickly become 

bigger than the FBI, the Customs Service, the DEA and the Secret 

Service combined, should not be starting out with sloppy accounting practices, but it has begun just that way.

While TSA complains that OMB bears a major portion of the 

blame for the slowness of their decision making process and the 

fact that so little information was shared with the Congress, there 

is little evidence that OMB effectively challenged the faulty assumptions that are now placing the entire program in such a state 

of chaos. OMB evidently recommended that Congress appropriate 

$4.4 billion to the agency for operations between now and the end 

of the fiscal year in September, without a clear understanding of 

either its staffing plans or its pay scale. 

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At the same time OMB ignored numerous important safety needs 

in the transportation area. They failed to provide an effective communication system for the Sky Marshal program. They failed to 

fund a program that would ensure the rapid replacement of existing cockpit doors that will ensure that pilots will not be interfered 

with. They failed to fund the airport facilities needed for the luggage screening equipment. 

Finally, OMB provided the Coast Guard funds sufficient to maintain through the end of the fiscal year only 500 of the 1700 Coast 

Guard Reserves now on active duty. That dramatic decline will 

largely come out of the force now dedicated to port security. 

UNWISE REDUCTIONS IN GUARD AND RESERVE MOBILIZATION COSTS

The Committee is to be commended for adding $790 million 

above the Bush Administration’s budget request for the extra FY 

2002 costs to pay National Guard and Reserve personnel called to 

active duty in support of Operation Enduring Freedom and Operation Noble Eagle. (This excludes the costs of National Guard personnel supporting other homeland security missions such as airport 

security and border security that are funded by other agencies.) By 

all accounts, these personnel have been doing superb work and 

have been essential to the success of our military operations to 

date. They deserve high praise for their professionalism and commitment, and should be fully supported by the Congress. 

It is troubling that the Committee was forced to add significant 

sums to this bill for such a fundamentally important and basic 

item as the pay of Guard and Reserve personnel. It is well known 

that a major reason for the weeks of extra delay the Administration experienced in submitting the Supplemental budget request to 

Congress was the internal squabble between the Defense Department and the OMB over Guard and Reserve pay costs. In the end, 

OMB won the fight, and the Defense Department is now in the 

early stages of planning to demobilize 14,5000 reservists, nearly 

20% of the total called up, due to the lack of money in the President’s request. 

This is a very poor policy decision that belies the President’s 

commitment to spend ‘‘whatever it takes’’ to win the war on terrorism. 

The Administration’s budget decision that forces early Guard and 

Reserve demobilizations came at virtually the same moment the 

Secretary of Defense had issued an internal memorandum to his 

senior staff complaining that the high pace of operations from the 

war on terrorism was taking a heavy toll on the entire military 

force. The Secretary’s March 13, 2002 memorandum reads in part:

* * * We have had stop-loss in place for some months, 

preventing people on active duty from leaving the Service. 

In addition, we are extending the assignment of thousands 

and thousands of Guards (sic) and Reserves, who have 

been called away from homes and normal employment to 

serve on active duty. 

The entire force is facing the adverse results of the highpaced optempo and perstempo. 

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We are past the point where the Department can, without an unbelievably compelling reason, make additional 

commitments.

In the meantime, we now have fresh warnings that a reconstituted Al Qaeda is planning an attack in the U.S. bigger than the 

September 11th attack, and the Senate Intelligence Committee is 

expressing deep concern that the Pentagon has found it unable to 

fill 3,000 vacant military billets needed to support critical intelligence programs (Sen. Rpt. 107–149, p. 12). 

There is good reason for recent press reports that Guard and Reserve personnel are confused and angry. A month ago, many of 

them were being told that their service was so vital to the war on 

terrorism that their activations might have to be extended. Now 

they are being told they may be demobilized in the coming weeks 

because the Pentagon doesn’t need them after all. 

This harkens back to the attitudes of 10 to 15 years ago when 

Guard and Reserve personnel were regarded as second-class citizens compared to the active forces. It is time for decision-makers 

in the administration to understand and appreciate the extent to 

which today’s Guard and Reserve forces are integrated into our 

military structure. Our military simply can’t function in major 

campaigns without significant support from our reservists, and 

they certainly don’t deserve to be made part of a game of budget 

ping-pong. 

As of March 11, 2002, a total of 83,021 Guard and Reserve personnel had been called to active duty to provide vital support in 

such areas as security and force protection, intelligence, combat air 

patrols, special operations, chemical and biological protection, strategic and tactical airlift, air refueling operations, civil affairs, communications, transportation, infantry, and aero-medical staging. As 

a result of the OMB budget decision, the Defense Department has 

initiated a planning process to reduce these forces by 14,500, to 

around 68,500. 

I believe the American people would be appalled if they understood that the number of Guard and Reserve military personnel 

needed to fight the war on terrorism was not being set by military 

experts, but by OMB accountants.

The Committee action to add $790 million to the $4.1 billion 

budget request for Guard and reserve pay costs is designed to put 

the decision of how many reservists we require to fight the war on 

terrorism back into the hands of the Defense Department, instead 

of OMB. These funds, when combined with other funds previously 

appropriated to the Defense Department, should obviate the need 

to make demobilizations for any other reason than military necessity.

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GUARD AND RESERVE MOBILIZATION COSTS 

Bush request Committee recommendation Funding Increase 

Army .................................................................................... $1,389,700,000 $1,786,700,000 +$397,000,000

Navy .................................................................................... 414,200,000 631,200,000 +217,000,000

Marine Corps ....................................................................... 206,800,000 210,800,000 +4,000,000

Air Force .............................................................................. 1,848,500,000 2,020,500,000 +172,000,000

Defense-wide ....................................................................... 243,800,000 243,800,000 ................................

Total ....................................................................... 4,103,000,000 4,893,000,000 +790,000,000

Impoundment Authority. But this disagreement does not appear 

to be resolved despite the bipartisan unanimous agreement to provide these additional funds. There are new indications that OMB 

plans to continue its fight against these additional funds. At the 

11th hour before the full committee mark up, our Chairman received a high level request from the Administration to insert language in the bill that effectively allows OMB to unilaterally impound the extra Guard and Reserve pay funds provided in the bill 

if it so chooses. The Chairman decided to include this provision for 

reasons of comity. I believe this is a serious flaw in this bill that 

exhibits a continuing in sensitivity to the important role that our 

Guard and Reserve forces are making to the war effort. I plan to 

work hard in conference to restore the full availability of these 

funds unimpeded by further OMB interference. 

TOWARD A MORE CONSTRUCTIVE RELATIONSHIP

Neither branch of government has all of the answers. The Founding Fathers exercised remarkably good judgment when they instituted a system of checks and balances so that matters of public importance would be viewed from different perspectives before final 

decisions could be made. That process, however, does not need to 

be hostile or overly adversarial, particularly on issues of national 

security. It is in the interest of the President, and more importantly, of the country to restore a greater sense of comity and to 

allow our differing perspectives on security issues to strengthen our 

solutions rather than create greater divisions between us. We hope 

that senior advisors to the President will more closely follow the efforts of OMB in reviewing agency budgets and will take steps to 

see that a more appropriate working relationship between the Congress and the White House develops in the months ahead. The welfare and security of the American people are dependent upon it.

DAVID R. OBEY.

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ADDITIONAL VIEWS OF MR. SERRANO 

During Committee consideration of the Supplemental, I offered 

three amendments that were not agreed to. I believe the Committee’s actions on my amendments were ill-considered and wrong. 

Colombia.—Assistance to Colombia was originally approved by 

this Congress after numerous assurances by both the Clinton and 

Bush Administrations that its purpose was to control the production of illicit crops and would not involve the United States in a 

wider war. The Colombian military has not made progress on 

human rights issues and refuses to suspend, investigate and prosecute the highest level officials involved in human rights violations 

and in aiding and abetting the paramilitaries. 

The Supplemental is not the time or the place to expand our assistance to Colombia from efforts to target narcotics trafficking to 

counter-terrorism activities. Allowing fiscal year 2002 funds made 

available to the Department of Defense and the Department of 

State to be used against organizations designated as terrorist organizations such as the FARC, the ELN, and the AUC will represent 

a significant increase in our country’s involvement in Colombia’s 

civil war. 

Section 245(i).—Section 245(i) of the Immigration and Nationality Act authorizes undocumented immigrants who are in the 

United States and eligible for immigrant visas based on family relationships or employment to become lawful permanent residents 

(LPRs) without leaving the country if they pay a $1,000 fine. This 

is a humanitarian measure that allows prospective immigrants to 

remain with their families—often U.S. citizens—while they go 

through the process of becoming LPRs. Without this provision, 

many prospective citizens would be forced to leave the country for 

up to 10 years. The significance of this legislation cannot be overstated. Indeed, on the day the Committee considered this issue, 

President Bush, in signing the Border Security and Visa Entry Reform Act, said, ‘‘The bill didn’t have everything I wanted. I wanted 

a temporary extension of 245–I in the bill, which basically allowed 

certain immigrants, sponsored by their families or employers, to become legal residents without having to leave the country, so that 

families can stay together. I thought that made sense. It’s not a 

part of the bill; I intend to work with Congress to see if we can’t 

get that done here pretty quick.’’ Section 245(i) has been extended several times since it was first 

enacted in 1994, and it needs to be extended again. Both the House 

and the Senate have passed legislation to extend the filing deadline 

for definitive periods of time. While I believe Section 245(i) should 

be restored in full, the Committee rejected even a limited extension 

identical to provisions the House passed earlier this year. 

State and local enforcement of immigration law.—In 1996, the 

INS was given authority to enter into agreements with State and 

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local enforcement officials that essentially allow the INS to ‘‘deputize’’ local law enforcement agents to enforce Federal immigration 

laws. The first agreement is being negotiated with Florida, and 

other governments are considering entering into agreements. This 

authority has never been used before and it should not be used 

now. 

State and local police departments have devoted substantial effort to improving relations with immigrant communities so immigrants, regardless of status, will report crimes against them and 

cooperate in investigations. During the Committee markup, I read 

quotes from leaders of police organizations and police departments 

who stress both the need to be ‘‘effective partners’’ with immigrant 

communities and to ‘‘build bridges to all segments of our community’’ and the threat immigration enforcement poses to these principles. The agreement being discussed by the INS will erode trust 

and cooperation, making law enforcement efforts much more difficult. 

In addition, the enforcement of Federal immigration law is potentially risky and requires significant training and experience. Without this training and experience, police may target people for immigration enforcement based on their appearance or other characteristics, leading to violations of the rights of U.S. citizens and LPRs. 

A short period of INS training will not make our local law enforcement officers immigration experts. 

My amendment would have prohibited the Justice Department 

from spending any funds to implement these types of agreements. 

The right way to deal with the problem of internal enforcement is 

to provide the immigration experts, the people that are accountable 

for enforcing our immigration laws—the INS—with the resources 

they need to increase internal enforcement efforts. This bill begins 

this process. The Committee has included $25 million in this Supplemental to expand INS efforts to identify and remove absconders. 

This will allow the INS to target its resources, gather intelligence, 

and identify the greatest threats to our national security.

JOSE ́ E. SERRANO.

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