IB
107TH CONGRESS
2D SESSION
H. R. 4775
IN THE HOUSE OF REPRESENTATIVES
JUNE 7 (legislative day, JUNE 6), 2002
Ordered to be printed with the amendment of the Senate
[Strike out all after the enacting clause and insert the part printed in italic]
AN ACT
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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
That the following sums are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
fiscal year ending September 30, 2002, and for other pur-
poses, namely:
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TITLE I—SUPPLEMENTAL APPROPRIATIONS
CHAPTER 1
DEPARTMENT OF AGRICULTURE
FOOD SAFETY AND INSPECTION SERVICE
For an additional amount for ‘‘Food Safety and In-
spection Service’’, $2,000,000, to remain available until
expended: Provided, That the entire amount shall be avail-
able only to the extent an official budget request, that in-
cludes 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:
Provided further, That the entire amount is designated by
the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of such Act.
FOOD AND NUTRITION SERVICE
SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR
WOMEN, INFANTS, AND CHILDREN (WIC)
For an additional amount for ‘‘Special Supplemental
Nutrition Program for Women, Infants, and Children
(WIC)’’, $75,000,000, to remain available until September
30, 2003, which shall be placed in reserve for use in only
such amounts, and in such manner, as the Secretary de-
termines necessary, notwithstanding section 17(i) of the
Child Nutrition Act.
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ANIMAL AND PLANT HEALTH INSPECTION SERVICE
SALARIES AND EXPENSES
For an additional amount for ‘‘Animal and Plant
Health
Inspection
Service,
Salaries
and
Expenses’’,
$10,000,000, 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: Provided, That the en-
tire amount 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: Provided further, That the en-
tire amount is designated by the Congress as an emer-
gency requirement pursuant to section 251(b)(2)(A) of
such Act.
DEPARTMENT OF HEALTH AND HUMAN
SERVICES
FOOD AND DRUG ADMINISTRATION
SALARIES AND EXPENSES
For an additional amount for ‘‘Food and Drug Ad-
ministration, Salaries and Expenses’’, $18,000,000, to re-
main available until expended: Provided, That the entire
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amount 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: Provided further, That the en-
tire amount is designated by the Congress as an emer-
gency requirement pursuant to section 251(b)(2)(A) of
such Act.
GENERAL PROVISIONS—THIS CHAPTER
SEC. 101. Of the funds made available for the Export
Enhancement Program, pursuant to section 301(e) of the
Agricultural Trade Act of 1978, as amended by Public
Law 104–127, not more than $28,000,000 shall be avail-
able in fiscal year 2002.
CHAPTER 2
DEPARTMENT OF JUSTICE
GENERAL ADMINISTRATION
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Ex-
penses’’ for emergency expenses resulting from the Sep-
tember 11, 2001, terrorist attacks, $5,750,000: Provided,
That the entire amount is designated by the Congress as
an
emergency
requirement
pursuant
to
section
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251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
LEGAL ACTIVITIES
SALARIES AND EXPENSES, UNITED STATES MARSHALS
SERVICE
For an additional amount for ‘‘Salaries and Ex-
penses’’ for emergency expenses resulting from the Sep-
tember 11, 2001, terrorist attacks, $1,000,000, to remain
available until expended: Provided, That the entire amount
is designated by the Congress as an emergency require-
ment pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as
amended: Provided further, That the entire amount shall
be available only to the extent that an official budget re-
quest, 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.
FEDERAL BUREAU OF INVESTIGATION
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Ex-
penses’’ for emergency expenses resulting from the Sep-
tember 11, 2001, terrorist attacks, $112,000,000, to re-
main available until September 30, 2004; Provided, That
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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,
as
amended:
Provided
further,
That
$102,000,000 shall be available only to the extent that an
official budget request for a specific dollar amount that
includes the designation of the entire amount of the re-
quest as an emergency requirement as defined in the Bal-
anced Budget and Emergency Deficit Control Act of 1985,
as amended, is transmitted by the President to the Con-
gress.
IMMIGRATION AND NATURALIZATION SERVICE
SALARIES AND EXPENSES
ENFORCEMENT AND BORDER AFFAIRS
For an additional amount for ‘‘Salaries and Ex-
penses, Enforcement and Border Affairs’’ for emergency
expenses resulting from the September 11, 2001, terrorist
attacks, $75,000,000, to remain available until expended:
Provided, That none of the funds appropriated in this Act,
or in Public Law 107–117, for the Immigration and Natu-
ralization Service’s Entry Exit System may be obligated
until the INS submits a plan for expenditure that (1)
meets the capital planning and investment control review
requirements established by the Office of Management
and Budget, including OMB Circular A–11, part 3; (2)
complies with the acquisition rules, requirements, guide-
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lines, and systems acquisition management practices of
the Federal Government; (3) is reviewed by the General
Accounting Office; and (4) has been approved by the Com-
mittees on Appropriations: Provided further, That the en-
tire amount is designated by the Congress as an emer-
gency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of
1985, as amended: Provided further, That $40,000,000
shall be available only to the extent that an official budget
request for a specific dollar amount that includes the des-
ignation of the entire amount of the request as an emer-
gency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress.
OFFICE OF JUSTICE PROGRAMS
JUSTICE ASSISTANCE
For an additional amount for ‘‘Justice Assistance’’
for grants, cooperative agreements, and other assistance
authorized by sections 819 and 821 of the Antiterrorism
and Effective Death Penalty Act of 1996 and section 1014
of the USA PATRIOT Act (Public Law 107–56) and for
other counter-terrorism programs, including first re-
sponder training and equipment to respond to acts of ter-
rorism, including incidents involving weapons of mass de-
struction or chemical or biological weapons, $175,000,000,
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to remain available until expended: Provided, That the en-
tire amount is designated by the Congress as an emer-
gency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of
1985, as amended.
DEPARTMENT OF COMMERCE AND RELATED
AGENCIES
RELATED AGENCIES
OFFICE OF THE UNITED STATES TRADE
REPRESENTATIVE
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Ex-
penses’’ for emergency expenses for increased security re-
quirements, $1,100,000, to remain available until ex-
pended: Provided, That 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, as amended: Pro-
vided further, That the entire amount shall be available
only to the extent that an official budget request, that in-
cludes 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 of the Congress.
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DEPARTMENT OF COMMERCE
NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY
SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES
For an additional amount for ‘‘Scientific and Tech-
nical Research and Services’’ for emergency expenses re-
sulting from new homeland security activities and in-
creased security requirements, $4,000,000: Provided, That
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, as amended.
NATIONAL OCEANIC AND ATMOSPHERIC
ADMINISTRATION
FISHERIES FINANCE PROGRAM ACCOUNT
Funds provided under the heading, ‘‘Fisheries Fi-
nance Program Account’’ for the direct loan program au-
thorized by the Merchant Marine Act of 1936, as amend-
ed, are available to subsidize gross obligations during fis-
cal year 2002 for the principal amount of direct loans not
to exceed $5,000,000 for Individual Fishing Quota loans,
and not to exceed $19,000,000 for Traditional loans.
DEPARTMENTAL MANAGEMENT
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Ex-
penses’’ for emergency expenses resulting from new home-
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land security activities, $400,000: Provided, That the en-
tire amount is designated by the Congress as an emer-
gency requirement pursuant to section 251 (b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act
of 1985, as amended.
THE JUDICIARY
SUPREME COURT OF THE UNITED STATES
CARE OF THE BUILDING AND GROUNDS
For an additional amount for ‘‘Care of the Building
and Grounds’’ for emergency expenses for the Supreme
Court building, $10,000,000, to remain available until ex-
pended: Provided, That 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, as amended.
COURTS OF APPEALS, DISTRICT COURTS, AND OTHER
JUDICIAL SERVICES
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Ex-
penses’’ for emergency expenses to enhance security and
to provide for extraordinary costs related to terrorist
trials, $6,258,000, to remain available until expended:
Provided, That the entire amount is designated by the
Congress as an emergency requirement pursuant to sec-
tion 251(b)(2)(A) of the Balanced Budget and Emergency
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Deficit Control Act of 1985, as amended: Provided further,
That $3,115,000 shall be available only to the extent that
an official budget request for a specific dollar amount that
includes the designation of the entire amount of the re-
quest as an emergency requirement as defined in the Bal-
anced Budget and Emergency Deficit Control Act of 1985,
as amended, is transmitted by the President of the Con-
gress.
DEPARTMENT OF STATE AND RELATED
AGENCY
DEPARTMENT OF STATE
ADMINISTRATION OF FOREIGN AFFAIRS
DIPLOMATIC AND CONSULAR PROGRAMS
For an additional amount for ‘‘Diplomatic and Con-
sular Programs’’ for emergency expenses for activities re-
lated to combating international terrorism, $51,050,000,
to remain available until September 30, 2003: Provided,
That 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, as amended.
EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS
For an additional amount for ‘‘Educational and Cul-
tural Exchange Programs’’ for emergency expenses for ac-
tivities
related
to
combating
international
terrorism,
$20,000,000, to remain available until expended: Pro-
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vided, That the entire amount is designated by the Con-
gress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further,
That $10,000,000 shall be available only to the extent that
an official budget request for a specific dollar amount that
includes the designation of the entire amount of the re-
quest as an emergency requirement as defined in the Bal-
anced Budget and Emergency Deficit Control Act of 1985,
as amended, is transmitted by the President to the Con-
gress.
EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE
For an additional amount for ‘‘Embassy Security,
Construction, and Maintenance’’, for emergency expenses
for activities related to combating international terrorism,
$200,516,000, to remain available until expended: Pro-
vided, That the entire amount is designated by the Con-
gress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
INTERNATIONAL ORGANIZATIONS AND CONFERENCES
CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS
For an additional amount for ‘‘Contributions to
International Organizations’’ for emergency expenses for
activities related to combating international terrorism,
$7,000,000, to remain available until September 30, 2003:
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Provided, That the entire amount is designated by the
Congress as an emergency requirement pursuant to sec-
tion 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING
ACTIVITIES
For an additional amount for ‘‘Contributions for
International Peacekeeping Activities’’ to make United
States peacekeeping payments to the United Nations at
a time of multilateral cooperation in the war on terrorism,
$43,000,000: Provided, That the entire amount is des-
ignated 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.
RELATED AGENCY
BROADCASTING BOARD OF GOVERNORS
INTERNATIONAL BROADCASTING OPERATIONS
For an additional amount for ‘‘International Broad-
casting Operations’’ for emergency expenses for activities
related to combating international terrorism, $7,400,000,
to remain available until September 30, 2003: Provided,
That 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, as amended.
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BROADCASTING CAPITAL IMPROVEMENTS
For an additional amount for ‘‘Broadcasting Capital
Improvements’’ for emergency expenses for activities re-
lated to combating international terrorism, $7,700,000, to
remain available until expended: Provided, That the entire
amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985,
as amended: Provided further, That the entire amount
shall be available only to the extent that 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.
RELATED AGENCIES
SECURITIES AND EXCHANGE COMMISSION
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Ex-
penses’’ for additional staffing to respond to increased
needs for enforcement and oversight of corporate finance,
$20,000,000 from fees collected in fiscal year 2002, to re-
main available until expended.
In addition, for an additional amount for ‘‘Salaries
and Expenses’’ for emergency expenses resulting from the
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September 11, 2001, terrorist attacks, $9,300,000, to re-
main available until expended: Provided, That the entire
amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985,
as amended: Provided further, That the entire amount
shall be available only to the extent that 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.
GENERAL PROVISIONS
SEC. 201. Funds appropriated by this Act for the
Broadcasting Board of Governors and the Department of
State may be obligated and expended notwithstanding sec-
tion 313 of the Foreign Relations Authorization Act, Fis-
cal Years 1994 and 1995, section 15 of the State Depart-
ment Basic Authorities Act of 1956, as amended, and sec-
tion 504(a)(1) of the National Security Act of 1947 (50
U.S.C. 414(a)(1)).
SEC. 202. Section 286(e)(3) of the Immigration and
Nationality Act (8 U.S.C. 1356(e)(3) is amended—
(1) by striking ‘‘is authorized to’’ and inserting
‘‘shall’’; and
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(2) by striking ‘‘authorization’’ and inserting
‘‘requirement’’.
SEC. 203. (a)(1) During fiscal year 2002 and each
succeeding fiscal year, notwithstanding any provision of
the Federal Rules of Criminal Procedure to the contrary,
in order to permit victims of crimes associated with the
terrorist acts of September 11, 2001, to watch trial pro-
ceedings in the criminal case against Zacarias Moussaoui,
the trial court in that case shall order, subject to para-
graph (3) and subsection (b), closed circuit televising of
the trial proceedings to convenient locations the trial court
determines are reasonably necessary, for viewing by those
victims.
(2)(A) As used in this section and subject to subpara-
graph (B), the term ‘‘victims of crimes associated with the
terrorist acts of September 11, 2001’’ means individuals
who—
(i) suffered direct physical harm as a result of
the terrorist acts that occurred in New York, Penn-
sylvania and Virginia on September 11, 2001 (here-
after in this section ‘‘terrorist acts’’) and were
present at the scene of the terrorist acts when they
occurred, or immediately thereafter; or
(ii) are the spouse, legal guardian, parent,
child, brother, or sister of, or who as determined by
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the court have a relationship of similar significance
to, an individual described in subparagraph (A)(i), if
the latter individual is under 18 years of age, incom-
petent, incapacitated, has a serious injury, or dis-
ability that requires assistance of another person for
mobility, or is deceased.
(B) The term defined in paragraph (A) shall not
apply to an individual who participated or conspired in one
or more of the terrorist acts.
(3) Nothing in this section shall be construed to
eliminate or limit the district court’s discretion to control
the manner, circumstances, or availability of the broadcast
where necessary to control the courtroom or protect the
integrity of the trial proceedings or the safety of the trial
participants. The district court’s exercise of such discre-
tion shall be entitled to substantial deference.
(b) Except as provided in subsection (a), the terms
and restrictions of section 235(b), (c), (d) and (e) of the
Antiterrorism and Effective Death Penalty Act of 1996
(42 U.S.C. 10608(b), (c), (d), and (e)), shall apply to the
televising of trial proceedings under this section.
SEC. 204. For purposes of section 201(a) of the Fed-
eral Property and Administrative Services Act of 1949 (re-
lating to Federal sources of supply, including lodging pro-
viders, airlines and other transportation providers), the
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Eisenhower
Exchange
Fellowship
Program
shall
be
deemed an executive agency for the purposes of carrying
out the provisions of 20 U.S.C. 5201, and the employees
of and participants in the Eisenhower Exchange Fellow-
ship Program shall be eligible to have access to such
sources of supply on the same basis as employees of an
executive agency have such access.
CHAPTER 3
DEPARTMENT OF DEFENSE—MILITARY
MILITARY PERSONNEL
MILITARY PERSONNEL, AIR FORCE
For an additional amount for ‘‘Military Personnel,
Air Force’’, $206,000,000: Provided, That the entire
amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985,
as amended.
OPERATION AND MAINTENANCE
OPERATION AND MAINTENANCE, ARMY
For an additional amount for ‘‘Operation and Main-
tenance, Army’’, $226,000,000, to remain available for ob-
ligation until September 30, 2003: Provided, That the en-
tire amount is designated by the Congress as an emer-
gency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of
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1985, as amended: Provided further, That $119,000,000
shall be available only to the extent that an official budget
request for $119,000,000, 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.
OPERATION AND MAINTENANCE, NAVY
For an additional amount for ‘‘Operation and Main-
tenance, Navy’’, $53,750,000, to remain available for obli-
gation until September 30, 2003: Provided, That the en-
tire amount is designated by the Congress as an emer-
gency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of
1985, as amended: Provided further, That $17,250,000
shall be available only to the extent that an official budget
request for $17,250,000, 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.
OPERATION AND MAINTENANCE, AIR FORCE
For an additional amount for ‘‘Operation and Main-
tenance, Air Force’’, $60,500,000, to remain available for
obligation until September 30, 2003: Provided, That the
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entire amount is designated by the Congress as an emer-
gency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of
1985, as amended: Provided further, That $19,500,000
shall be available only to the extent that an official budget
request for $19,500,000, 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.
OPERATION AND MAINTENANCE, DEFENSE-WIDE
For an additional amount for ‘‘Operation and Main-
tenance, Defense-Wide’’, $751,975,000, to remain avail-
able for obligation until September 30, 2003, of which
$420,000,000 may be used, notwithstanding any other
provision of law, for payments to Pakistan, Jordan, and
other key cooperating nations for logistical and military
support provided to United States military operations in
connection with the Global War on Terrorism: Provided,
That such payments may be made in such amounts as
the Secretary may determine, in accordance with standard
accounting practices and procedures, in consultation with
the Director of the Office of Management and Budget and
15 days following notification to the appropriate Congres-
sional committees: Provided further, That amounts for
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such payments shall be in addition to any other funds that
may be available for such purpose: Provided further, That
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,
as
amended:
Provided
further,
That
$12,975,000 shall be available only to the extent that an
official budget request for $12,975,000, that includes des-
ignation of the entire amount of the request as an emer-
gency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress.
DEFENSE EMERGENCY RESPONSE FUND
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for the ‘‘Defense Emer-
gency Response Fund’’, $12,693,972,000, to remain avail-
able for obligation until September 30, 2003, of which
$77,900,000 shall be available for enhancements to North
American Air Defense Command capabilities: Provided,
That the Secretary of Defense may transfer the funds pro-
vided in this paragraph only to appropriations for military
personnel; operation and maintenance; procurement; the
Defense Health Program; and working capital funds: Pro-
vided further, That notwithstanding the preceding proviso,
$100,000,000 of the funds provided under this heading
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are available for transfer to any other appropriations ac-
counts of the Department of Defense, for certain classified
activities, and notwithstanding any other provision of law,
such funds may be obligated to carry out projects not oth-
erwise authorized by law: Provided further, That the funds
transferred shall be merged with and shall be available for
the same purposes and for the same time period as the
appropriation to which transferred: Provided further, That
the transfer authority provided in this paragraph is in ad-
dition to any other transfer authority available to the De-
partment of Defense: Provided further, That upon a deter-
mination that all or part of the funds transferred from
this appropriation are not necessary for the purposes pro-
vided herein, such amounts may be transferred back to
this appropriation: Provided further, That the entire
amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985,
as amended: Provided further, That $1,393,972,000 shall
be available only to the extent that an official budget re-
quest for $1,393,972,000 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.
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PROCUREMENT
OTHER PROCUREMENT, ARMY
For an additional amount for ‘‘Other Procurement,
Army’’, $79,200,000, to remain available for obligation
until September 30, 2004: Provided, That the entire
amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985,
as amended.
AIRCRAFT PROCUREMENT, NAVY
For an additional amount for ‘‘Aircraft Procurement,
Navy’’, $22,800,000, to remain available for obligation
until September 30, 2004: Provided, That the entire
amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985,
as amended.
PROCUREMENT OF AMMUNITION, NAVY AND MARINE
CORPS
For an additional amount for ‘‘Procurement of Am-
munition, Navy and Marine Corps’’, $262,000,000, to re-
main available for obligation until September 30, 2004:
Provided, That the entire amount is designated by the
Congress as an emergency requirement pursuant to sec-
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tion 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
OTHER PROCUREMENT, NAVY
For an additional amount for ‘‘Other Procurement,
Navy’’, $2,500,000, to remain available for obligation
until September 30, 2004: Provided, That the entire
amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985,
as amended.
PROCUREMENT, MARINE CORPS
For an additional amount for ‘‘Procurement, Marine
Corps’’, $3,500,000, to remain available for obligation
until September 30, 2004: Provided, That the entire
amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985,
as amended.
AIRCRAFT PROCUREMENT, AIR FORCE
For an additional amount for ‘‘Aircraft Procurement,
Air Force’’, $129,500,000, to remain available for obliga-
tion until September 30, 2004: Provided, That the entire
amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985,
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as amended: Provided further, That $36,500,000 shall be
available only to the extent that an official budget request
for $36,500,000, 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.
PROCUREMENT OF AMMUNITION, AIR FORCE
For an additional amount for ‘‘Procurement of Am-
munition, Air Force’’, $115,000,000, to remain available
for obligation until September 30, 2004: Provided, That
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, as amended.
OTHER PROCUREMENT, AIR FORCE
For an additional amount for ‘‘Other Procurement,
Air Force’’, $735,340,000, to remain available for obliga-
tion until September 30, 2004: Provided, That the entire
amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985,
as amended.
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RESEARCH, DEVELOPMENT, TEST AND EVALUATION,
NAVY
For an additional amount for ‘‘Research, Develop-
ment, Test and Evaluation, Navy’’, $9,000,000, to remain
available for obligation until September 30, 2003: Pro-
vided, That the entire amount is designated by the Con-
gress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION,
AIR FORCE
For an additional amount for ‘‘Research, Develop-
ment, Test and Evaluation, Air Force’’, $99,800,000, to
remain available for obligation until September 30, 2003:
Provided, That the entire amount is designated by the
Congress as an emergency requirement pursuant to sec-
tion 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further,
That $39,000,000 shall be available only to the extent that
an official budget request for $39,000,000, 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.
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RESEARCH, DEVELOPMENT, TEST AND EVALUATION,
DEFENSE-WIDE
For an additional amount for ‘‘Research, Develop-
ment, Test and Evaluation, Defense-Wide’’, $72,000,000,
to remain available for obligation until September 30,
2003: Provided, That the entire amount is designated by
the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985, as amended: Provided
further, That $20,000,000 shall be available only to the
extent that an official budget request for $20,000,000,
that includes designation of the entire amount of the re-
quest as an emergency requirement as defined in the Bal-
anced Budget and Emergency Deficit Control Act of 1985,
as amended, is transmitted by the President to the Con-
gress.
GENERAL PROVISIONS—THIS CHAPTER
SEC. 301. (a) The appropriation under the heading
‘‘Research, Development, Test and Evaluation, Navy’’ in
the Department of Defense Appropriations Act, 2002
(Public Law 107–117) is amended by adding the following
proviso immediately after ‘‘September 30, 2003’’: ‘‘: Pro-
vided, That funds appropriated in this paragraph which
are available for the V–22 may be used to meet unique
requirements of the Special Operations Forces’’. (b) The
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amendment made by subsection (a) shall be effective as
if enacted as part of the Department of Defense Appro-
priations Act, 2002.
(INCLUDING TRANSFER OF FUNDS)
SEC. 302. During the current fiscal year, amounts
in or credited to the Defense Cooperation Account under
10 U.S.C. 2608(b) shall be available for transfer, obliga-
tion and expenditure, consistent with the purposes for
which such amounts were contributed and accepted, by the
Secretary of Defense to such appropriations or funds of
the Department of Defense as the Secretary shall deter-
mine, to be merged with and to be available for the same
purposes and the same time period as the appropriation
or fund to which transferred: Provided, That the Secretary
shall provide written notification to the congressional de-
fense committees 30 days prior to such transfer: Provided
further, That this transfer authority is in addition to any
other transfer authority available to the Department of
Defense: Provided further, That the entire amount is des-
ignated 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:
Provided further, That the Secretary of Defense shall re-
port to the Congress quarterly all transfers made pursuant
to this authority.
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SEC. 303. During fiscal year 2002, the President may
continue to provide assistance to Russia under cooperative
threat reduction programs and under title V of the Free-
dom Support Act (Public Law 102–511; 106 Stat. 3338)
without regard to the certification requirements in section
1203(d) of the Cooperative Threat Reduction Act of 1993
(22 U.S.C. 5952 (d)) and section 502 of the Freedom
Support Act (22 U.S.C. 5852) if the President submits
to the Speaker of the House of Representatives and the
President pro tempore of the Senate a certification that
providing such assistance is vital to the national security
interests of the United States.
SEC. 304. Funds appropriated by this Act, or made
available by the transfer of funds in this Act, for intel-
ligence activities are deemed to be specifically authorized
by the Congress for purposes of section 504 of the Na-
tional Security Act of 1947 (50 U.S.C. 414): Provided,
That any funds appropriated or transferred to the Central
Intelligence Agency for agent operations or covert action
programs authorized by the President under section 503
of the National Security Act of 1947, as amended, shall
remain available until September 30, 2003.
SEC. 305. Section 8005 of the Department of De-
fense Appropriations Act, 2002 (division A of Public Law
107–117; 115 Stat. 2247), is amended by striking ‘‘May
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1, 2002’’ before the period at the end and inserting ‘‘June
15, 2002’’.
SEC. 306. (a) Funds appropriated to the Department
of Defense for fiscal year 2002 for operation and mainte-
nance under the heading ‘‘Chemical Agents and Munitions
Destruction, Army’’, may be used to pay for additional
costs of international inspectors from the Technical Secre-
tariat of the Organization for the Prohibition of Chemical
Weapons, pursuant to Articles IV and V of the Chemical
Weapons Convention, for inspections and monitoring of
Department of Defense sites and commercial sites that
perform services under contract to the Department of De-
fense, resulting from the Department of Defense’s pro-
gram to accelerate its chemical demilitarization schedule.
(b) Expenses which may be paid under subsection (a)
include—
(1) salary costs for performance of inspection
and monitoring duties;
(2) travel, including travel to and from the
point of entry into the United States and internal
United States travel;
(3) per diem, not to exceed United Nations
rates and in compliance with United Nations condi-
tions for per diem for that organization; and
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(4) expenses for operation and maintenance of
inspection and monitoring equipment.
SEC. 307. (a) In fiscal year 2002, funds available to
the Department of Defense for assistance to the Govern-
ment of Colombia shall be available to support a unified
campaign against narcotics trafficking, against activities
by organizations designated as terrorist organizations
such as the Revolutionary Armed Forces of Colombia
(FARC), the National Liberation Army (ELN), and the
United Self-Defense Forces of Colombia (AUC), and to
take actions to protect human health and welfare in emer-
gency circumstances, including undertaking rescue oper-
ations.
(b) The provision shall also apply to unexpired bal-
ances and assistance previously provided from prior years’
Acts available for purposes identified in subsection (a).
(c) The authority in this section is in addition to au-
thorities currently available to provide assistance to Co-
lombia.
SEC. 308. In addition to amounts appropriated or
otherwise made available elsewhere in this Act for the De-
partment of Defense or in the Department of Defense and
Emergency Supplemental Appropriations for Recovery
from and Response to Terrorist Attacks on the United
States Act, 2002 (Public Law 107–117), $93,000,000, to
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remain available until September 30, 2004, is hereby ap-
propriated to the Department of Defense for the procure-
ment of three MH–47 Chinook helicopters, as follows:
‘‘Aircraft Procurement, Army’’, $63,000,000; and ‘‘Pro-
curement, Defense-Wide’’, $30,000,000: Provided, That
the entire amount made available in this section is des-
ignated 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:
Provided further, That the entire amount shall be available
only to the extent that an official budget request for
$93,000,000, 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.
SEC. 309. In addition to amounts appropriated or
otherwise made available elsewhere in this Act for the De-
partment of Defense or in the Department of Defense and
Emergency Supplemental Appropriations for Recovery
from and Response to Terrorist Attacks on the United
States Act, 2002 (Public Law 107–117), $100,000,000,
to remain available until September 30, 2003, is hereby
appropriated to the Department of Defense under the
heading ‘‘Chemical Agents and Munitions Destruction,
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Army’’ for Research, development, test and evaluation, for
the purpose of chemical agent destruction at Department
of Defense facilities in Aberdeen, Maryland, and Newport,
Indiana: Provided, That the entire amount made available
in this section is designated by the Congress as an emer-
gency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of
1985, as amended: Provided further, That the entire
amount shall be available only to the extent that an official
budget request for $100,000,000, that includes designa-
tion of the entire amount 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.
(RESCISSIONS)
SEC. 310. Of the funds available in Department of
Defense Appropriations Acts or otherwise available to the
Department of Defense, the following funds are hereby re-
scinded, from the following accounts in the specified
amounts:
‘‘Other Procurement, Air Force’’, 2001/2003,
$29,000,000;
and
‘‘Procurement,
Defense-Wide’’,
2002/2004, $30,000,000.
SEC. 311. Section 2533a of title 10, United States
Code, shall not apply to any transaction entered into to
acquire or sustain aircraft under the authority of section
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8159 of the Department of Defense Appropriations Act,
2002 (division A of Public Law 107–117; 115 Stat. 2284).
SEC. 312. Notwithstanding any other provision of
law, not to exceed $100,000,000, from appropriations
available to the Department of Defense from the ‘‘Defense
Emergency Response Fund’’, may be made available only
to reimburse foreign nations for the costs of goods, serv-
ices, or use of facilities provided in direct support of oper-
ations by U.S. military forces in the global war on ter-
rorism: Provided, That such reimbursements shall be de-
termined and paid in accordance with standard accounting
practices and procedures: Provided further, That the Sec-
retaries of Defense and State shall jointly provide a writ-
ten notification to the Committees on Appropriations of
the House of Representatives and the Senate 15 days
prior to any proposed commitment and obligation of funds
pursuant to this section, describing each proposed use of
funds and the proposed sources of funds: Provided further,
That funds proposed for obligation pursuant to the imme-
diately preceding proviso shall not be made available for
obligation without the prior approval of the Committees
on Appropriations.
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CHAPTER 4
DISTRICT OF COLUMBIA
DISTRICT OF COLUMBIA FUNDS
OPERATING EXPENSES
DIVISION OF EXPENSES
GOVERNMENTAL DIRECTION AND SUPPORT
The paragraph under this heading in the District of
Columbia Appropriations Act, 2002 (Public Law 107–96)
is amended by striking: ‘‘Provided further, That not less
than $353,000 shall be available to the Office of the Cor-
poration Counsel to support increases in the Attorney Re-
tention Allowance:’’ and inserting: ‘‘Provided further, That
not less than $353,000 shall be available to the Office of
the Corporation Counsel to support attorney compensation
consistent with performance measures contained in a ne-
gotiated collective bargaining agreement:’’.
PUBLIC EDUCATION SYSTEM
(RESCISSION)
Notwithstanding any other provision of law, of the
local funds appropriated under this heading for public
charter schools for the fiscal year ending September 30,
2002, in the District of Columbia Appropriations Act,
2002, approved December 21, 2001 (Public Law 107–96;
115 Stat. 935), $37,000,000 are rescinded.
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HUMAN SUPPORT SERVICES
For an additional amount for ‘‘human support serv-
ices’’, $37,000,000 from local funds: Provided, That
$11,000,000 shall be for the Child and Family Services
Agency and $26,000,000 shall be for the Department of
Mental Health.
REPAYMENT OF LOANS AND INTEREST
(RESCISSION)
Of the funds appropriated under this heading in the
District of Columbia Appropriations Act, 2002 (Public
Law 107–96, 115 Stat. 940), $7,950,000 are rescinded.
CERTIFICATES OF PARTICIPATION
For principal and interest payments on the District’s
Certificates of Participation, issued to finance the One Ju-
diciary Square ground lease underlying the building lo-
cated at One Judiciary Square, $7,950,000 from local
funds.
ADMINISTRATIVE PROVISION
Section 119(b) of the District of Columbia Appro-
priations Act, 2002 (Public Law 107–96; 115 Stat. 950)
is amended to read as follows:
‘‘(b) REQUIREMENT OF CHIEF FINANCIAL OFFICER
REPORT AND COUNCIL APPROVAL.—
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‘‘(1) No such Federal, private, or other grant
may be accepted, obligated, or expended pursuant to
subsection (a) until—
‘‘(A) the Chief Financial Officer of the
District of Columbia submits to the Council a
report setting forth detailed information regard-
ing such grant; and
‘‘(B) the Council has reviewed and ap-
proved the acceptance, obligation, and expendi-
ture of such grant.
‘‘(2) For purposes of paragraph (1)(B), the
Council shall be deemed to have reviewed and ap-
proved 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 para-
graph (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
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Chief
Financial
Officer
under
paragraph
(1)(A).’’.
GENERAL PROVISIONS—THIS CHAPTER
SEC. 401. The District of Columbia may use up to
1 percent of the funds appropriated to the District of Co-
lumbia under the Emergency Supplemental Act, 2002, ap-
proved January 10, 2002 (Public Law 107–117; 115 Stat.
2230), to fund the administrative costs that are needed
to fulfill the purposes of that Act. The District may use
these funds for this purpose as of January 10, 2002.
SEC. 402. Section 16(d)(2) of the Victims of Violent
Crime Compensation Act of 1996 (sec. 4–515(d)(2), D.C.
Official Code), as amended by the District of Columbia
Appropriations Act, 2002, approved December 21, 2001
(Public Law 107–96; 115 Stat. 928) is amended to read
as follows: ‘‘(2) 50 percent of such balance shall be trans-
ferred from the Fund to the Mayor and shall be used with-
out fiscal year limitation for outreach activities designed
to increase the number of crime victims who apply for such
direct compensation payments.’’.
SEC. 403. (a) Notwithstanding any other provision
of law, the positive fund balance of the general fund of
the District government which remained at the end of fis-
cal year 2000 (as reflected in the complete financial state-
ment and report on the activities of the District govern-
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ment for such fiscal year under section 448(a)(4) of the
District of Columbia Home Rule Act) shall be used during
fiscal year 2002 to provide the minimum balances required
for fiscal year 2002 for the emergency reserve fund under
section 450A of the District of Columbia Home Rule Act
and the contingency reserve fund under section 450B of
such Act.
(b) To the extent that the amount of the positive fund
balance described in subsection (a) exceeds the amount re-
quired to provide the minimum balances in the reserve
funds described in such subsection, the District govern-
ment shall use the excess amount—
(1) to address potential deficits in the budget of
the District government for fiscal year 2002, subject
to the same conditions applicable under section
202(j)(3) of the District of Columbia Financial Re-
sponsibility and Management Assistance Act of 1995
to the obligation and expenditure of the budget re-
serve and cumulative cash reserve under such sec-
tion; or
(2) if the Chief Financial Officer of the District
of Columbia certifies that the excess amount is avail-
able and is not required to address potential deficits
in the budget of the District government for fiscal
year 2002, for Pay-As-You-Go Capital Funds.
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(c) To the extent that the excess amount described
in subsection (b) is used to address potential deficits in
the budget of the District government for fiscal year 2002,
such amount shall remain available until expended.
(d)(1) The item relating to ‘‘District of Columbia
Funds—Operating Expenses—Repayment of Loans and
Interest’’ in the District of Columbia Appropriations Act,
2002 (Public Law 107–96; 115 Stat. 940) is amended by
striking ‘‘That any funds set aside’’ and all that follows
through ‘‘That for equipment leases,’’ and inserting ‘‘That
for equipment leases,’’.
(2) Section 159(c) of the District of Columbia Appro-
priations Act, 2001 (Public Law 106–522; 114 Stat.
2482), as amended by section 133(c) of the District of
Columbia Appropriations Act, 2002 (Public Law 107–96;
115 Stat. 956) is amended by striking paragraph (3).
CHAPTER 5
DEPARTMENT OF DEFENSE—CIVIL
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS—CIVIL
OPERATION AND MAINTENANCE, GENERAL
For an additional amount for ‘‘Operation and Main-
tenance, General’’ for emergency expenses related to secu-
rity at Corps of Engineers facilities, $128,400,000, to re-
main available until September 30, 2003: Provided, That
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the entire amount shall be available only to the extent an
official budget request for $128,400,000, 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: Provided
further, That the entire amount is designated by the Con-
gress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further,
That funds made available under this heading in this Act
and in Public Law 107–117 may be used to fund measures
and activities undertaken by the Secretary of the Army,
acting through the Chief of Engineers, to protect and se-
cure any infrastructure owned or operated by, or on behalf
of, the U.S. Army Corps of Engineers, including adminis-
trative buildings and facilities.
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
SCIENCE
For an additional amount for ‘‘Science’’ for emer-
gency expenses necessary to support safeguards and secu-
rity activities, $29,000,000: Provided, That the entire
amount shall be available only to the extent an official
budget request for $29,000,000, that includes designation
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of the entire amount of the request as an emergency re-
quirement as defined in the Balanced Budget and Emer-
gency Deficit Control Act of 1985, as amended, is trans-
mitted by the President to the Congress: Provided further,
That 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, as amended.
NATIONAL NUCLEAR SECURITY ADMINISTRATION
WEAPONS ACTIVITIES
For an additional amount for ‘‘Weapons Activities’’
for emergency expense resulting from the September 11,
2001, terrorist attacks, $125,400,000: Provided, That
$106,000,000 shall be available only to the extent that an
official budget request for a specific dollar amount, 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:
Provided further, That the entire amount is designated by
the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985, as amended.
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DEFENSE NUCLEAR NONPROLIFERATION
For an additional amount for ‘‘Defense Nuclear Non-
proliferation’’
for
international
safeguards
activities,
$5,000,000: Provided, That the entire amount shall be
available only to the extent an official budget request for
$5,000,000,
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: Provided further, That the en-
tire amount is designated by the Congress as an emer-
gency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of
1985, as amended.
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES
DEFENSE ENVIRONMENTAL RESTORATION AND WASTE
MANAGEMENT
For an additional amount for ‘‘Defense Environ-
mental Restoration and Waste Management’’ for emer-
gency expenses necessary to support safeguards and secu-
rity activities, $67,000,000: Provided, That the entire
amount shall be available only to the extent an official
budget request for $67,000,000, that includes designation
of the entire amount of the request as an emergency re-
quirement as defined in the Balanced Budget and Emer-
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gency Deficit Control Act of 1985, as amended, is trans-
mitted by the President to the Congress: Provided further,
That 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, as amended.
DEFENSE FACILITIES CLOSURE PROJECTS
For an additional amount for ‘‘Defense Facilities Clo-
sure Projects’’ for emergency expense necessary to support
safeguards and security activities, $16,600,000: Provided,
That the entire amount shall be available only to the ex-
tent an official budget request for $16,600,000, that in-
cludes 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:
Provided further, That the entire amount is designated by
the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985, as amended.
OTHER DEFENSE ACTIVITIES
For an additional amount for ‘‘Other Defense Activi-
ties’’ for emergency expenses necessary to support energy
security and assurance activities, $7,000,000: Provided,
That the entire amount is designated by the Congress as
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an
emergency
requirement
pursuant
to
section
251(b)(2)(A) of 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
For an additional amount for ‘‘Child Survival and
Health Programs Fund’’ for emergency expenses for ac-
tivities related to combating AIDS, tuberculosis, and ma-
laria, $200,000,000, to remain available until December
30, 2002: Provided, That funds appropriated in this Act
and in prior Acts under this heading and under the head-
ing ‘‘Child Survival and Disease Programs Fund’’ and
made available for the Global Fund to Fight AIDS, Tu-
berculosis, and Malaria shall not exceed 40 percent of the
total resources pledged by all donors to the Global Fund
for calendar year 2002: Provided further, That the entire
amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985,
as amended: Provided further, That the entire amount pro-
vided shall be available only to the extent an official budg-
et request that includes designation of the entire amount
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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.
INTERNATIONAL DISASTER ASSISTANCE
For an additional amount for ‘‘International Disaster
Assistance’’ for emergency expenses for activities related
to combating international terrorism, $190,000,000, to re-
main available until September 30, 2003: Provided, That
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, as amended: Provided further, That the entire
amount provided shall be available only to the extent an
official budget request that includes designation of the en-
tire 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.
OPERATING EXPENSES OF THE UNITED STATES AGENCY
FOR INTERNATIONAL DEVELOPMENT
For an additional amount for ‘‘Operating Expenses
of the United States Agency for International Develop-
ment’’ for emergency expenses for activities related to
combating international terrorism, $7,000,000: Provided,
That the entire amount is designated by the Congress as
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an
emergency
requirement
pursuant
to
section
251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
OTHER BILATERAL ECONOMIC ASSISTANCE
ECONOMIC SUPPORT FUND
For an additional amount for ‘‘Economic Support
Fund’’ for emergency expenses for activities related to
combating international terrorism, $460,000,000, to re-
main available until September 30, 2003: Provided, That
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, as amended: Provided further, That 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, for an additional amount for ‘‘Economic
Support Fund’’, $250,000,000, to remain available until
September 30, 2003: Provided, That $200,000,000 of the
funds appropriated in this paragraph shall be made avail-
able for assistance for Israel for activities relating to com-
bating international terrorism: Provided further, That
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$50,000,000 of the funds appropriated in this paragraph
shall be transferred to ‘‘International Disaster Assist-
ance’’ to be made available for humanitarian and refugee
assistance for the West Bank and Gaza: Provided further,
That none of the funds provided in the preceding proviso
shall be available for assistance for the Palestinian Au-
thority: Provided further, That the entire amount is des-
ignated 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:
Provided further, That the entire amount provided shall
be available only to the extent an official budget request
that includes designation of the entire amount of the re-
quest as an emergency requirement as defined in the Bal-
anced Budget and Emergency Deficit Control Act of 1985,
as amended, is transmitted by the President to the Con-
gress.
ASSISTANCE FOR THE INDEPENDENT STATES OF THE
FORMER SOVIET UNION
For an additional amount for ‘‘Assistance for the
Independent States of the Former Soviet Union’’ for
emergency expenses for activities related to combating
international terrorism, $110,000,000, to remain available
until September 30, 2003: Provided, That the entire
amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Bal-
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anced Budget and Emergency Deficit Control Act of 1985,
as amended.
DEPARTMENT OF STATE
INTERNATIONAL NARCOTICS CONTROL AND LAW
ENFORCEMENT
For an additional amount for ‘‘International Nar-
cotics Control and Law Enforcement’’ for emergency ex-
penses for activities related to combating international ter-
rorism, $120,000,000, to remain available until September
30, 2003: Provided, That 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, as amended.
MIGRATION AND REFUGEE ASSISTANCE
For an additional amount for ‘‘Migration and Ref-
ugee Assistance’’ for emergency expenses for activities re-
lated to combating international terrorism, $10,000,000,
to remain available until September 30, 2003: Provided,
That 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, as amended: Provided further,
That the entire amount provided shall be available only
to the extent an official budget request that includes des-
ignation of the entire amount of the request as an emer-
gency requirement as defined of the Balanced Budget and
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Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress.
NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND
RELATED PROGRAMS
For an additional amount for ‘‘Nonproliferation,
Anti-Terrorism, Demining and Related Programs’’ for
emergency expenses for activities related to combating
international terrorism, $83,000,000, to remain available
until September 30, 2003: Provided, That the entire
amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985,
as amended.
MILITARY ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
FOREIGN MILITARY FINANCING PROGRAM
For an additional amount for ‘‘Foreign Military Fi-
nancing Program’’ for emergency expenses for activities
related
to
combating
international
terrorism,
$366,500,000: Provided, That the entire amount is des-
ignated 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:
Provided further, That funds appropriated under this
heading, and funds appropriated under this heading in
prior Acts that are made available for the purposes of this
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paragraph, may be made available notwithstanding section
512 of the Foreign Operations, Export Financing, and Re-
lated Programs Appropriations Act, 2002 or any similar
provision of law: Provided further, That not to exceed
$2,000,000 of the funds appropriated in this paragraph
may be obligated for necessary expenses, including the
purchase of passenger motor vehicles for use outside of
the United States, for the general cost of administering
military assistance and sales.
PEACEKEEPING OPERATIONS
For an additional amount for ‘‘Peacekeeping Oper-
ations’’ for emergency expenses for activities related to
combating international terrorism, $20,000,000, to re-
main available until September 30, 2003: Provided, That
the entire amount of 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: Provided further, That 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.
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MULTILATERAL ECONOMIC ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
SPECIAL PAYMENTS TO THE INTERNATIONAL FINANCIAL
INSTITUTIONS
(RESCISSION)
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
hereby rescinded.
GENERAL PROVISIONS—THIS CHAPTER
SEC. 601. (a) In fiscal year 2002, funds available to
the Department of State for assistance to the Government
of Colombia shall be available to support a unified cam-
paign against narcotics trafficking, against activities by
organizations designated as terrorist organizations such as
the Revolutionary Armed Forces of Colombia (FARC), the
National Liberation Army (ELN), and the United Self-
Defense Forces of Colombia (AUC), and to take actions
to protect human health and welfare in emergency cir-
cumstances, including undertaking rescue operations.
(b) This provision shall also apply to unexpired bal-
ances and assistance previously provided from prior years’
Acts available for the purposes identified in subsection (a).
(c) The authority in this section is in addition to au-
thorities currently available to provide assistance to Co-
lombia.
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(RESCISSION)
SEC. 602. Of the funds appropriated under the head-
ings ‘‘Development Assistance’’ and ‘‘Economic Support
Fund’’ in title II of the Foreign Operations, Export Fi-
nancing, and Related Programs Appropriations Act, 2000
(as contained in Public Law 106–113) and in prior Acts
making appropriations for foreign operations, export fi-
nancing, and related programs, $60,000,000 are re-
scinded.
ANDEAN SECURITY STRATEGY
SEC. 603. (a) Not later than 30 days after the date
of the enactment of this Act, the President shall transmit
to the appropriate congressional committees a report on
the United States policy and strategy to assist Colombia
as well as to achieve a robust security environment in the
Andean region.
(b) The report required by subsection (a) shall ad-
dress the following:
(1) The key objectives of the United States as-
sistance to the Government of Colombia.
(2) The actions required of the United States
to support and achieve those objectives, as well as a
time schedule and cost estimates for implementing
such actions.
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(3) The role of the United States in the efforts
of the Government of Colombia to provide security
within the country.
(4) How the strategy regarding Colombia re-
lates to and affects the strategy of the United States
to achieve regional security between, and within, An-
dean countries, and how those Andean countries are
working with Colombia to achieve regional security.
(5) A strategy, time schedule, and cost esti-
mates
for
providing
material,
technical,
and
logistical support to the Government of Colombia to
assist it contain and eliminate the threat which the
United Self-Defense Forces (AUC) of Colombia
poses to the national security of that country.
(6) A strategy to assist the Government of Co-
lombia reach a negotiated political solution to the in-
ternal conflict as well as help it facilitate the design
and implementation of a comprehensive strategy
which
addresses
the
underlying
socio-political
sources
of
the
insurgencies
and
paramilitary
counter-insurgency.
(c) In this section, the term ‘‘appropriate congres-
sional committees means—
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(1) the Committee on International Relations
and the Committee on Appropriations of the House
of Representatives; and
(2) the Committee on Foreign Relations and
the Committee on Appropriations of the Senate.
CHAPTER 7
DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
MANAGEMENT OF LANDS AND RESOURCES
For an additional amount for ‘‘Management of Lands
and Resources’’, $658,000, for emergency security ex-
penses, to remain available until expended: Provided, That
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, as amended: Provided further, That these
funds shall be available only to the extent that an official
budget request for a specific dollar amount, that includes
designation of the entire amount as an emergency require-
ment as defined by such Act, is transmitted by the Presi-
dent to the Congress.
UNITED STATES FISH AND WILDLIFE SERVICE
RESOURCE MANAGEMENT
For an additional amount for ‘‘Resource Manage-
ment’’, $1,443,000, for emergency security expenses, to
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remain available until expended: Provided, That the entire
amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985,
as amended: Provided further, That these funds shall be
available only to the extent that an official budget request
for a specific dollar amount, that includes designation of
the entire amount as an emergency requirement as defined
by such Act, is transmitted by the President to the Con-
gress.
NATIONAL PARK SERVICE
OPERATION OF THE NATIONAL PARK SYSTEM
For an additional amount for ‘‘Operation of the Na-
tional Park System’’, $1,173,000, for emergency security
expenses, to remain available until expended: Provided,
That 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, as amended: Provided further,
That these funds shall be available only to the extent that
an official budget request for a specific dollar amount,
that includes designation of the entire amount as an emer-
gency requirement as defined by such Act, is transmitted
by the President to the Congress.
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CONSTRUCTION
For
an
additional
amount
for
‘‘Construction’’,
$19,300,000, for emergency security expenses, to remain
available until expended: Provided, That the entire amount
is designated by the Congress as an emergency require-
ment pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as
amended: Provided further, That these funds shall be
available only to the extent that an official budget request
for a specific dollar amount, that includes designation of
the entire amount as an emergency requirement as defined
by such Act, is transmitted by the President to the Con-
gress.
UNITED STATES GEOLOGICAL SURVEY
SURVEYS, INVESTIGATIONS, AND RESEARCH
For an additional amount for ‘‘Surveys, Investiga-
tions, and Research’’, $25,700,000, for emergency secu-
rity expenses, to remain available until expended: Pro-
vided, That the entire amount is designated by the Con-
gress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further,
That these funds shall be available only to the extent that
an official budget request for a specific dollar amount,
that includes designation of the entire amount as an emer-
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gency requirement as defined by such Act, is transmitted
by the President to the Congress.
BUREAU OF INDIAN AFFAIRS
OPERATION OF INDIAN PROGRAMS
(INCLUDING RESCISSION OF FUNDS)
For an additional amount for ‘‘Operation of Indian
Programs’’, $134,000, for emergency security expenses, to
remain available until expended: Provided, That the entire
amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985,
as amended: Provided further, That these funds shall be
available only to the extent that an official budget request
for a specific dollar amount, that includes designation of
the entire amount as an emergency requirement as defined
by such Act, is transmitted by the President to the Con-
gress.
Of the funds provided under this heading in Public
Law 107–20 for electric power operations and related ac-
tivities at the San Carlos Irrigation Project, $5,000,000
is rescinded.
Funds provided under this heading in Public Law
107–20, for electric power operations and related activities
at the San Carlos Irrigation Project, and remaining within
the account may be used for unanticipated trust reform
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projects and costs related to the ongoing Cobell litigation
or other litigation concerning the management of Indian
trust funds: Provided, That funds made available herein
may, as needed, be transferred to or merged with any ac-
count funded in the Interior and Related Agencies Appro-
priations Act to reimburse costs incurred for these litiga-
tion activities.
DEPARTMENTAL OFFICES
DEPARTMENTAL MANAGEMENT
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Ex-
penses’’, $905,000, for emergency security expenses, to re-
main available until expended: Provided, That the entire
amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985,
as amended: Provided further, That these funds shall be
available only to the extent that an official budget request
for a specific dollar amount, that includes designation of
the entire amount as an emergency requirement as defined
by such Act, is transmitted by the President to the Con-
gress.
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RELATED AGENCY
SMITHSONIAN INSTITUTION
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Ex-
penses’’, of the Smithsonian Institution, $11,000,000, for
emergency security expenses, to remain available until ex-
pended: Provided, That 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, as amended: Pro-
vided further, That these funds shall be available only to
the extent that an official budget request for a specific
dollar amount, that includes designation of the entire
amount as an emergency requirement as defined by such
Act, is transmitted by the President to the Congress.
CONSTRUCTION
For an additional amount for ‘‘Construction’’, for
emergency security expenses, $2,000,000, to remain avail-
able until expended: Provided, That 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, as amended:
Provided further, That these funds shall be available only
to the extent that an official budget request for a specific
dollar amount, that includes designation of the entire
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amount as an emergency requirement as defined by such
Act, is transmitted by the President to the Congress.
GENERAL PROVISIONS—THIS CHAPTER
SEC. 701. Within 10 days of enactment of this Act,
funds appropriated to the Forest Service under the head-
ing ‘‘Wildland Fire Management’’ in Public Law 107–63
for the following purposes: $5,000,000 for research activi-
ties and $10,000,000 for capital improvement and mainte-
nance of fire facilities shall be released and made available
for immediate obligation. These funds are not available for
transfer for purposes other than those described in this
section.
SEC. 702. None of the funds appropriated in this or
any other Act, except funds appropriated to the Office of
Management and Budget, shall be available to study the
transfer of any research activities from the Smithsonian
Institution to the National Science Foundation.
SEC. 703. In fiscal year 2002 and thereafter, the Sec-
retary of the Interior may charge reasonable fees for serv-
ices provided at Midway Atoll National Wildlife Refuge,
including fuel sales, and retain those fees, to be credited
to the United States Fish and Wildlife Service, ‘‘Resource
Management’’ account and remain available until ex-
pended for operation and maintenance of infrastructure
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and staffing required for non-refuge specific needs, includ-
ing the purchase of fuel supplies.
SEC. 704. In entering into agreements with foreign
countries pursuant to the Wildfire Suppression Assistance
Act (42 U.S.C. 1856m) the Secretary of Agriculture and
the Secretary of the Interior are authorized to enter into
reciprocal agreements where the individuals furnished
under said agreements to provide wildfire services are con-
sidered, for purposes of tort liability, employees of the
country receiving said services when the individuals are
fighting fires. The Secretary of Agriculture or the Sec-
retary of the Interior shall not enter into any agreement
under this provision unless the foreign country (either di-
rectly or through its fire organization) agrees to assume
any and all liability for the acts or omissions of American
firefighters engaged in firefighting in a foreign country.
When an agreement is reached for furnishing fire fighting
services, the only remedies for acts or omissions com-
mitted while fighting fires shall be that provided under
the laws of the host country and those remedies shall be
the exclusive remedies for any claim arising out of fighting
fires in a foreign country. Neither the firefighter, the send-
ing country or any organization associated with the fire-
fighter shall be subject to any action whatsoever per-
taining to or arising out of fighting fires.
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SEC. 705. Hereafter, for purposes of section 7 of the
Endangered Species Act of 1973 (16 U.S.C. 1536), the
Secretary of Defense may be held responsible for water
consumption that occurs on a military installation (or out-
side of military installation but under the direct authority
and control of the Secretary). The Secretary of Defense
is not responsible for water consumption that occurs out-
side of a military installation and is beyond the direct au-
thority and control of the Secretary of Defense even
through the water is derived from a watershed basin
shared by the military installation and the water consump-
tion outside of the installation may impact a critical habi-
tat or endangered species outside the installation.
CHAPTER 8
DEPARTMENT OF LABOR
EMPLOYMENT AND TRAINING ADMINISTRATION
TRAINING AND EMPLOYMENT SERVICES
For an additional amount for ‘‘Training and Employ-
ment
Services’’,
$300,000,000,
to
remain
available
through September 30, 2003; of which not less than
$190,000,000 is available for carrying out sections 171(d)
and 173 of the Workforce Investment Act of 1998, except
that not more than $20,000,000 may be used for carrying
out section 171(d); and of which $110,000,000, to remain
available through June 30, 2002, is available for carrying
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out section 132(a)(2)(B) of such Act: Provided, That not-
withstanding sections 132(b)(2)(B) and 133(b)(2)(B) of
such Act, such funds for carrying out section 132(a)(2)(B)
shall be allotted and allocated in a manner that restores
to the affected States and local workforce investment
areas the $110,000,000 that was subject to rescission
under Public Law 107–20: Provided further, That the en-
tire amount is designated by the Congress as an emer-
gency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of
1985, as amended: Provided further, That the entire
amount shall be available only to the extent that an official
budget request for a specific dollar amount that includes
designation of the entire amount of the request as an
emergency requirement as defined in such Act, is trans-
mitted by the President to Congress.
DEPARTMENT OF HEALTH AND HUMAN
SERVICES
HEALTH RESOURCES AND SERVICES ADMINISTRATION
HEALTH RESOURCES AND SERVICES
The matter preceding the first proviso under this
heading in Public Law 107–116 is amended—
(1) by inserting ‘‘IV,’’ after ‘‘titles II, III,’’; and
(2) by striking ‘‘$311,978,000’’ and inserting
‘‘$315,333,000’’.
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CENTERS FOR DISEASE CONTROL AND PREVENTION
DISEASE CONTROL, RESEARCH, AND TRAINING
For an additional amount for the Centers for Disease
Control and Prevention, ‘‘Disease Control, Research, and
Training’’, $1,000,000: Provided, That the entire amount
is designated by the Congress as an emergency require-
ment pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as
amended: Provided further, That these funds shall be
available only to the extent that an official budget request,
that designates the entire amount of the request as an
emergency requirement as defined in such Act, is trans-
mitted by the President to the Congress.
NATIONAL INSTITUTES OF HEALTH
BUILDINGS AND FACILITIES
(RESCISSION)
Of the funds provided under this heading in Public
Law 107–116, $30,000,000 is rescinded.
ADMINISTRATION FOR CHILDREN AND FAMILIES
CHILDREN AND FAMILIES SERVICES AND PROGRAMS
For an additional amount for ‘‘Children and Families
Services Programs’’ for carrying out section 316 of the
Family Violence Prevention and Services Act (42 U.S.C.
10416), $500,000: Provided, That such amount is des-
ignated by the Congress as an emergency requirement
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pursuant to section 251(b)(2)(A) of the Balanced Budget
and Emergency Deficit Control Act of 1985: Provided fur-
ther, That such amount shall be available only to the ex-
tent that an official budget request, that includes designa-
tion of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emer-
gency Deficit Control Act of 1985, is transmitted by the
President to the Congress.
DEPARTMENT OF EDUCATION
SCHOOL IMPROVEMENT PROGRAMS
Of the funds provided under this heading in Public
Law 107–116 to carry out the Elementary and Secondary
Education Act of 1965, $832,889,000 shall be available
to carry out part D of title V, and up to $11,500,000 may
be used to carry out section 2345.
In the statement of the managers of the committee
of conference accompanying H.R. 3061 (Public Law 107–
116; H. Rpt. 107–342), in the matter relating to the Fund
for the Improvement of Education under the heading
‘‘School Improvement Programs’’—
(1) the provision specifying $200,000 for Fres-
no At-Risk Youth Services and the provision speci-
fying $225,000 for the Fresno Unified School Dis-
trict shall be applied by substituting the following
for the two provisions: ‘‘Fresno Unified School Dis-
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trict, Fresno, California, in partnership with the
City of Fresno, California, for activities to address
the problems of at-risk youth, including afterschool
activities and a mobile science unit, $425,000’’;
(2) the provision specifying $50,000 for the
Lewiston-Auburn
College/University
of
Southern
Maine shall be deemed to read as follows: ‘‘Lewis-
ton-Auburn College/University of Southern Maine
TEAMS program to prepare teachers to meet the
demands of Maine’s 21st century elementary and
middle schools, $50,000’’;
(3) the provision specifying $250,000 for the
Wellington Public School District, Wellington, KS,
shall be deemed to read as follows: ‘‘Wellington Pub-
lic School District, Wellington, KS, for after school
activities, $250,000’’;
(4) the provision specifying $200,000 for the
Vermont Higher Education Council shall be deemed
to read as follows: ‘‘Vermont Higher Education Con-
sortium to develop universal early learning programs
to ensure that at least one certified teacher will be
available
in
center-based
child
care
programs,
$200,000’’;
(5) the provision specifying $250,000 for Edu-
cation Service District 117 in Wenatchee, WA, shall
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be deemed to read as follows: ‘‘Education Service
District 171 in Wenatchee, WA to equip a commu-
nity technology center to expand technology-based
training, $250,000’’;
(6) the provision specifying $1,000,000 for the
Electronic Data Systems Project shall be deemed to
read as follows: ‘‘Washington State Department of
Education for an electronic data systems project to
create a database that would improve the acquisi-
tion, analysis and sharing of student information,
$1,000,000’’;
(7) the provision specifying $250,000 for the
YMCA of Seattle-King-Snohomish County shall be
deemed to read as follows: ‘‘YWCA of Seattle-King
County-Snohomish County to support women and
families through an at-risk youth center and other
family supports, $250,000’’;
(8) the provision specifying $50,000 for Drug
Free Pennsylvania shall be deemed to read as fol-
lows: ‘‘Drug Free Pennsylvania to implement a dem-
onstration project, $50,000’’;
(9) the provision specifying $20,000,000 for the
Commonwealth of Pennsylvania Department of Edu-
cation
shall
be
deemed
to
read
as
follows:
‘‘$20,000,000 is included for a grant to the Com-
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monwealth of Pennsylvania Department of Edu-
cation to provide assistance, through subgrants, to
low-performing school districts that are slated for
potential takeover and/or on the Education Em-
powerment List as prescribed by Pennsylvania State
Law. The initiative is intended to improve the man-
agement and operations of the school districts; assist
with curriculum development; provide after-school,
summer, and weekend programs; offer teacher and
principal professional development; and promote the
acquisition and effective use of instructional tech-
nology and equipment.’’;
(10) the provision specifying $1,000,000 for
State of Louisiana for Louisiana Online shall be
deemed to read as follows: ‘‘Online Louisiana, Inc.,
New Orleans, LA, for a K–12 technology initiative,
$1,000,000’’;
(11) the provision specifying $150,000 for the
American Theater Arts for Youth, Inc., Philadel-
phia, PA, for a Mississippi Arts in Education Pro-
gram shall be deemed to read as follows: ‘‘American
Theater Arts for Youth, Inc., for a Mississippi Arts
in Education program, $150,000’’; and
(12) the provision specifying $25,000 for the
American Theater Arts for Youth for an Arts in
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Education program shall be deemed to read as fol-
lows: ‘‘American Theater Arts for Youth, Inc., in
Philadelphia, Pennsylvania for an Arts in Education
Program, $25,000’’.
STUDENT FINANCIAL ASSISTANCE
For an additional amount for ‘‘Student Financial As-
sistance’’ for Pell Grants, $1,000,000,000, to remain
available through September 30, 2003.
HIGHER EDUCATION
In the statement of the managers of the committee
of conference accompanying H.R. 3061 (Public Law 107–
116; H. Rept. 107–342), in the matter relating to the
Fund for the Improvement of Postsecondary Education
under the heading ‘‘Higher Education’’—
(1) the provision for Nicholls State University,
Thibodaux, LA shall be applied by substituting
‘‘Intergenerational’’ for ‘‘International’’; and
(2) the provision specifying $1,000,000 for
Cleveland State University shall be deemed to read
as follows: ‘‘Cleveland State University, College of
Education, Cleveland, Ohio, for a K–16 Urban
School Leadership initiative, $1,000,000’’.
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CHAPTER 9
LEGISLATIVE BRANCH
HOUSE OF REPRESENTATIVES
SALARIES AND EXPENSES
For an additional amount for salaries and expenses
of the House of Representatives, $1,600,000, as follows:
COMMITTEE EMPLOYEES
STANDING COMMITTEES, SPECIAL AND SELECT
For an additional amount for salaries and expenses
of standing committees, special and select, authorized by
House
resolutions,
$1,600,000:
Provided,
That
such
amount shall remain available for such salaries and ex-
penses until December 31, 2002.
LIBRARY OF CONGRESS
COPYRIGHT OFFICE
SALARIES AND EXPENSES
For an additional amount for necessary expenses of
the Copyright Office, $7,500,000: Provided, That such
amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985.
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JOINT ITEMS
CAPITOL POLICE BOARD
CAPITOL POLICE
GENERAL EXPENSES
For an additional amount for the Capitol Police
Board for necessary expenses of the Capitol Police, includ-
ing computer equipment and services, training, commu-
nications, uniforms, weapons, and reimbursement to the
Environmental Protection Agency, Hazardous Substance
Superfund for additional expenses incurred for anthrax in-
vestigations and cleanup actions, $16,100,000, to be dis-
bursed by the Capitol Police Board or their delegee: Pro-
vided, That this amount shall be available only to the ex-
tent that an official budget request, that includes designa-
tion of the amount as an emergency requirement, as de-
fined in the Balanced Budget and Emergency Deficit Con-
trol Act of 1985, is transmitted by the President to Con-
gress: Provided further, That such 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.
ADMINISTRATIVE PROVISIONS
SEC. 901. (a) There is hereby established in the
Treasury of the United States an account for the Architect
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of the Capitol to be known as ‘‘capitol police buildings’’
(hereinafter in this section referred to as the ‘‘account’’).
(b) Funds in the account shall be used by the Archi-
tect of the Capitol for all necessary expenses for the main-
tenance, care, and operation of buildings of the United
States Capitol Police.
(c) This section shall apply with respect to fiscal year
2002 and each succeeding fiscal year. Any amounts pro-
vided to the Architect of the Capitol prior to the date of
the enactment of this Act for the maintenance, care, and
operation of buildings of the United States Capitol Police
during fiscal year 2002 shall be transferred to the ac-
count.
SEC. 902. (a) Subject to the approval of the House
Office Building Commission and the Senate Committee on
Rules and Administration, the Architect of the Capitol is
authorized to acquire (through purchase, lease, transfer
from another Federal entity, or otherwise) real property,
subject to the availability of appropriations, for the use
of the United States Capitol Police.
(b) Any real property acquired by the Architect of
the Capitol pursuant to subsection (a) shall be a part of
the United States Capitol Grounds and shall be subject
to the provisions of the Act entitled ‘‘An Act to define
the area of the United States Capitol Grounds, to regulate
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the use thereof, and for other purposes’’, approved July
31, 1946.
(c) This section shall apply with respect to fiscal year
2002 and each succeeding fiscal year.
SEC. 903. (a) Chapter 9 of the Emergency Supple-
mental Act, 2002 (Public Law 107–117; 115 Stat. 2315),
is amended—
(1) in section 903 (a), by striking ‘‘buildings
and facilities’’ and insert ‘‘buildings and facilities,
subject to the availability of appropriations,’’.
(b) Section 9 of the Act of July 31, 1946 (40 U.S.C.
212a), is amended by redesignating the subsection (b)
added by section 903(c)(2) of the Emergency Supple-
mental Act, 2002, as subsection (c).
(c) The amendment made by this section shall take
effect as if included in the enactment of the Emergency
Supplemental Act, 2002.
SEC. 904. Nothing in section 1535 of title 31, U.S.C.
(commonly referred to as the ‘‘Economy Act’’), or any
other provision of such title may be construed to prevent
or restrict the Chief Administrative Officer of the House
of Representatives from placing orders under such section
during any fiscal year in the same manner and to the same
extent as the head of any other major organizational unit
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with an agency may place orders under such section dur-
ing a fiscal year.
SEC. 905. (a) IN GENERAL.—Section 313 of the Leg-
islative Branch Appropriations Act, 2001 (2 U.S.C. 1151),
as enacted by reference in section 1(a)(2) of the Consoli-
dated Appropriations Act, 2001, is amended—
(1) by redesignating subsections (c) through (h)
as subsections (d) through (i); and
(2) by inserting after subsection (b) the fol-
lowing new subsection:
‘‘(c) RUSSIAN EXCHANGE PROGRAM FOR AMERICAN
LEADERSHIP.—
‘‘(1) IN GENERAL.—In addition to the program
established under subsection (b), the Center shall es-
tablish a program to carry out activities (including
the awarding of grants) to enable emerging political
leaders of the Federal Government and State and
local governments to visit the Russian Federation to
study the operation of political institutions, business
organizations, and nongovernmental organizations of
the Russian Federation.
‘‘(2)
ADMINISTRATION.—The
provisions
of
paragraphs (3) and (4) of subsection (b) shall apply
with respect to the program under this subsection in
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the same manner as such provisions apply to the
program under subsection (b).’’.
(b) CONFORMING AMENDMENTS.—Section 313 of
such Act (2 U.S.C. 1151) is amended—
(1) in subsection (b)(1), by striking the period
at the end and inserting the following: ‘‘, and to es-
tablish and administer the program described in sub-
section (c).’’.; and
(2) in subsection (i)(2) (as redesignated by sub-
section (a)(1)), by striking ‘‘Subsection (g)’’ and in-
serting ‘‘Subsection (h)’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall take effect October 1, 2001.
SEC. 906. (a) The Librarian of Congress and the Di-
rector of the Congressional Research Service shall take
such steps as may be necessary to ensure that all materials
of the Congressional Research Service which are provided
and available to Members of Congress and officers and
employees of the House of Representatives and Senate at
the United States Capitol and Congressional office build-
ings (including materials provided through electronic
means) may be provided and available to such individuals
in the same manner and to the same extent at all other
locations where such individuals carry out their official du-
ties.
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(b) This section shall apply to materials of the Con-
gressional Research Service which are provided and avail-
able at any time after the date of the enactment of this
Act.
SEC. 907. (a) The Architect of the Capitol is author-
ized, subject to the availability of appropriations, to ac-
quire (through purchase, lease, or otherwise) buildings
and facilities for use as computer backup facilities (and
related uses) for offices in the legislative branch.
(b) The acquisition of a building or facility under sub-
section (a) shall be subject to the approval of—
(1) the House Office Building Commission, in
the case of a building or facility acquired for the use
of an office of the House of Representatives;
(2) the Committee on Rules and Administration
of the Senate, in the case of a building or facility
acquired for the use of an office of the Senate; or
(3) the House Office Building Commission in
the case of a building or facility acquired for the use
of any other office in the legislative branch as part
of a joint facility with (1) above, or the Committee
on Rules and Administration of the Senate, in the
case of a building or facility acquired for the use of
any other office in the legislative branch as part of
a joint facility with (2) above.
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(c) Any building or facility acquired by the Architect
of the Capitol pursuant to subsection (a) shall be a part
of the United States Capitol Grounds and shall be subject
to the provisions of the Act entitled ‘‘An Act to define
the area of the United States Capitol Grounds, to regulate
the use thereof, and for other purposes’’, approved July
31, 1946.
(d) This section shall apply with respect to fiscal year
2002 and each succeeding fiscal year.
CHAPTER 10
DEPARTMENT OF DEFENSE
MILITARY CONSTRUCTION
MILITARY CONSTRUCTION, AIR FORCE
For an additional amount for ‘‘Military Construction,
Air Force’’, $8,505,000, to remain available until Sep-
tember 30, 2006: Provided, That the entire amount is des-
ignated 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:
Provided further, That the entire amount shall be available
only to the extent an official budget request for a specific
dollar amount 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
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President to the Congress: Provided further, That notwith-
standing any other provision of law, such funds may be
obligated or expended to carry out planning and design
and military construction projects not otherwise author-
ized by law.
MILITARY CONSTRUCTION, DEFENSE-WIDE
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ‘‘Military Construction,
Defense-wide’’, $21,500,000, to remain available until
September 30, 2006: Provided, That the entire amount
is designated by the Congress as an emergency require-
ment pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as
amended: Provided further, That the entire amount shall
be available only to the extent an official budget request
for a specific dollar amount that includes designation of
the entire amount of the request as an emergency require-
ment as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted
by the President to the Congress: Provided further, That
notwithstanding any other provision of law, such funds
may be obligated or expended to carry out planning and
design and military construction projects not otherwise
authorized by law.
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CHAPTER 11
DEPARTMENT OF TRANSPORTATION
OFFICE OF THE SECRETARY
TRANSPORTATION ADMINISTRATIVE SERVICE CENTER
Under this heading in Public Law 107–87, as amend-
ed by section 1106 of Public Law 107–117, delete
‘‘$116,023,000’’ and insert ‘‘$128,123,000’’.
TRANSPORTATION SECURITY ADMINISTRATION
For additional amounts for emergency expenses aris-
ing to implement the Federal takeover of airport security,
$3,850,000,000, to remain available until September 30,
2003: Provided, That the entire amount is designated by
the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985, as amended: Provided
further, That of the total amount provided herein, the fol-
lowing amounts are available for obligation only for the
specific purposes below:
(1) Physical modification of commercial service
airports for the purpose of installing checked bag-
gage explosive detection systems, including explosive
trace detection systems, $850,000,000;
(2) Procurement of explosive detection systems,
including
explosive
trace
detection
systems,
for
checked baggage screening, $630,000,000;
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(3) Reimbursement of air carriers for installa-
tion
of
intrusion-resistant
cockpit
doors,
$25,000,000;
(4) Competitive grants to critical national sea-
ports to finance the costs of enhancing facility and
operational security, $75,000,000;
(5) Reimbursement to airports for State and
local law enforcement officers, $75,000,000;
(6) Procurement of air-ground communications
systems and devices for the Federal air marshal pro-
gram, $20,000,000;
(7) Additional funding for the Department of
Transportation Crisis Management Center, to im-
prove transportation emergency response coordina-
tion, $2,100,000; and
(8) Replacement of magnetometers at airport
passenger screening locations in commercial service
airports, $20,000,000:
Provided further, That none of the funds in this Act shall
be used to recruit or hire personnel into the Transpor-
tation Security Administration which would cause the
agency to exceed a staffing level of 45,000 full-time per-
manent positions: Provided further, That of such amount,
$1,545,000,000 shall be available only to the extent an
official budget request for a specific dollar amount that
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includes designation of the entire amount of the request
as an emergency requirement as defined in such Act is
transmitted by the President to the Congress.
U.S. COAST GUARD
OPERATING EXPENSES
For an additional amount for ‘‘Operating Expenses’’
for emergency expenses for homeland security and other
purposes, $210,000,000, to remain available until Sep-
tember 30, 2003: Provided, That the entire amount is des-
ignated 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:
Provided further, That of such amount, $21,000,000 shall
be available only to the extent an official budget request
for a specific dollar amount that includes designation of
the entire amount of the request as an emergency require-
ment as defined in such Act is transmitted by the Presi-
dent to the Congress.
ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS
For an additional amount for ‘‘Acquisition, Construc-
tion, and Improvements’’ for emergency expenses for
homeland security and other purposes, $78,000,000: Pro-
vided, That the entire amount is designated by the Con-
gress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency
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Deficit Control Act of 1985, as amended: Provided further,
That of such amount, $12,000,000 shall be available only
to the extent an official budget request for a specific dollar
amount that includes designation of the entire amount of
the request as an emergency requirement as defined in
such Act is transmitted by the President to the Congress.
FEDERAL AVIATION ADMINISTRATION
OPERATIONS
(TRANSFER OF FUNDS)
For an additional amount for ‘‘Operations’’, up to
$25,000,000, to remain available until September 30,
2002, for security activities at Federal Aviation Adminis-
tration facilities, to be derived by transfer from ‘‘Facilities
and Equipment (Airport and Airway Trust Fund)’’.
GRANTS-IN-AID FOR AIRPORTS
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, notwith-
standing any other provision of law, for ‘‘Grants-in-aid for
airports’’, to enable the Federal Aviation Administrator to
compensate airports for a portion of the direct costs asso-
ciated with new, additional or revised security require-
ments imposed on airport operators by the Administrator
on or after September 11, 2001, $200,000,000, to remain
available until expended: Provided, That the entire amount
is designated by the Congress as an emergency require-
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ment pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as
amended: Provided further, That such amount shall be
available only to the extent an official budget request for
a specific dollar amount that includes designation of the
entire amount of the request as an emergency requirement
as defined in such Act is transmitted by the President to
the Congress.
FEDERAL HIGHWAY ADMINISTRATION
FEDERAL-AID HIGHWAYS
EMERGENCY RELIEF PROGRAM
(HIGHWAY TRUST FUND)
For an additional amount for the ‘‘Emergency Relief
Program’’, as authorized by 23 U.S.C. 125, for emergency
expenses to respond to natural disasters or catastrophic
failures from external causes, $167,000,000, to be derived
from the Highway Trust Fund and to remain available
until expended, for the State of New York to respond to
the September 11, 2001, terrorist attacks on New York
City: Provided, That the entire amount is designated by
the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985, as amended: Provided
further, That notwithstanding 23 U.S.C. 120(e), the Fed-
eral share for any project on a Federal-aid highway re-
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lated to the New York City terrorist attacks shall be 100
percent: Provided further, That notwithstanding 23 U.S.C.
125(d)(1), the Secretary of Transportation may obligate
more than $100,000,000 for those projects.
FEDERAL MOTOR CARRIER SAFETY
ADMINISTRATION
BORDER ENFORCEMENT PROGRAM
(HIGHWAY TRUST FUND)
For necessary expenses of the Border Enforcement
Program to respond to the September 11, 2001, terrorist
attacks on the United States, $19,300,000, to be derived
from the Highway Trust Fund, of which $4,200,000 shall
be to implement section 1012 of Public Law 107–56 (USA
Patriot Act); $10,000,000 shall be for drivers’ license
fraud detection and prevention, the northern border safety
and security study, and hazardous material security edu-
cation and outreach; and $5,100,000 shall be for the pur-
poses of coordinating drivers’ license registration and so-
cial security number verification: Provided, That in con-
nection with such commercial drivers’ license fraud deter-
rence projects, the Secretary may enter into such con-
tracts or grants with the American Association of Motor
Vehicle Administrators, States, or other persons as the
Secretary may so designate to carry out these purposes:
Provided further, That the entire amount is designated by
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the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985, as amended.
HAZARDOUS MATERIALS SECURITY
(HIGHWAY TRUST FUND)
For necessary expenses to implement the hazardous
materials safety permit program pursuant to 49 U.S.C.
5109, $5,000,000, to be derived from the Highway Trust
Fund and to remain available until expended: Provided,
That 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, as amended: Provided further,
That such amount shall be available only to the extent
an official budget request for a specific dollar amount that
includes designation of the entire amount of the request
as an emergency requirement as defined in such Act is
transmitted by the President to the Congress.
FEDERAL TRANSIT ADMINISTRATION
CAPITAL INVESTMENT GRANTS
For an additional amount for ‘‘Capital Investment
Grants’’ for emergency expenses to respond to the Sep-
tember 11, 2001, terrorist attacks in New York City,
$1,800,000,000, to remain available until expended to re-
place, rebuild, or enhance the public transportation sys-
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tems serving the Borough of Manhattan, New York City,
New York: Provided, That the Secretary may use up to
1 percent of this amount for oversight activities: Provided
further, That these funds are subject to grant require-
ments as determined by the Secretary to ensure that eligi-
ble projects will improve substantially the mobility of com-
muters in Lower Manhattan: Provided further, That the
Federal share for any project funded from this amount
shall be 100 percent: Provided further, That these funds
are in addition to any other appropriation available for
these purposes: Provided further, That the entire amount
is designated by the Congress as an emergency require-
ment pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as
amended.
GENERAL PROVISIONS—THIS CHAPTER
SEC. 1101. Notwithstanding any other provision of
law, projects and activities designated on pages 82
through 92 of House Report 107–308 shall be eligible for
fiscal year 2002 funds made available for the program for
which each project or activity is so designated.
SEC. 1102. Section 335 of Public Law 107–87 is
hereby amended by inserting ‘‘or the Transportation Secu-
rity Administration’’ after ‘‘the Federal Aviation Adminis-
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tration’’ and by inserting ‘‘, aviation security’’ after ‘‘air
navigation’’.
SEC. 1103. After the date of enactment of this Act,
no further Federal credit instruments may be issued pur-
suant to section 101(a)(1) of the Air Transportation Safe-
ty and System Stabilization Act in fiscal year 2002.
CHAPTER 12
DEPARTMENT OF THE TREASURY
FEDERAL LAW ENFORCEMENT TRAINING CENTER
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Ex-
penses’’ for expenses of expanded law enforcement train-
ing workload resulting from the September 11, 2001 ter-
rorist attacks against the United States, $15,870,000, to
remain available until September 30, 2003: Provided,
That such 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: Provided further, That such amount shall be
available only to the extent that an official budget request,
that includes designation of the entire amount of the re-
quest as an emergency requirement as defined in the Bal-
anced Budget and Emergency Deficit Control Act of 1985,
is transmitted by the President to the Congress.
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UNITED STATES SECRET SERVICE
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Ex-
penses’’ for expenses of expanded protective and investiga-
tive workload following the September 11, 2001 terrorist
attacks against the United States, $46,750,000, to remain
available until September 30, 2003, Provided, That such
amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985:
Provided further, That such amount shall be available only
to the extent that 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 trans-
mitted by the President to the Congress.
POSTAL SERVICE
PAYMENT TO THE POSTAL SERVICE FUND
For an additional amount for ‘‘Payment to the Postal
Service’’ for emergency expenses to enable the Postal
Service to protect postal employees and postal customers
from exposure to biohazardous material and to sanitize
and screen the mail, $87,000,000, to remain available
until expended: Provided, That the entire amount is des-
ignated by the Congress as an emergency requirement
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pursuant to section 251(b)(2)(A) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended.
EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS
APPROPRIATED TO THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
SALARIES AND EXPENSES
(RESCISSION)
Of the funds made available under this heading in
Public Law 107–67, $750,000 are rescinded.
ELECTION ADMINISTRATION REFORM AND RELATED
EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses for the implementation of
election administration reform, and related expenses,
$450,000,000, to remain available until expended: Pro-
vided, That such amount shall not be available for obliga-
tion until the enactment of legislation that establishes pro-
grams for improving the administration of elections: Pro-
vided further, That, upon the enactment of such legisla-
tion, the Director of the Office of Management and Budg-
et shall transfer the specific amounts authorized, for the
purposes designated, to the Federal entities specified by
such legislation, and according to the provisions estab-
lished in H.R. 3295, as passed by the House of Represent-
atives on December 12, 2001: Provided further, That,
within 15 days of such transfers, the Director of the Office
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of Management and Budget shall notify the Congress of
the amounts transferred to each authorized Federal entity:
Provided further, That the entities to which the amounts
are transferred shall use the amounts to carry out the ap-
plicable provisions of such legislation: Provided further,
That the transfer authority provided in this paragraph
shall be in addition to any other transfer authority pro-
vided in this or any other Act.
INDEPENDENT AGENCIES
FEDERAL ELECTION COMMISSION
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Ex-
penses’’, $750,000 for unanticipated costs associated with
implementing the Bipartisan Campaign Reform Act.
GENERAL SERVICES ADMINISTRATION
REAL PROPERTY ACTIVITIES
FEDERAL BUILDINGS FUND
For an additional amount for ‘‘Federal Buildings
Fund’’ for building security emergency expenses resulting
from the September 11, 2001 terrorist attacks on the
United States, $51,800,000: Provided, That such amount
is designated by the Congress as an emergency require-
ment pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
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GENERAL PROVISIONS—THIS CHAPTER
SEC. 1201. (a) RESCISSION.—Of the unobligated bal-
ance as of June 30, 2002, of the funds made available
for ‘‘Financial Management Service, Salaries and Ex-
penses’’ in chapter 10 of title II of Public Law 107–20,
$14,000,000 is rescinded.
(b) EFFECTIVE DATE.—Subsection (a) shall be effec-
tive June 30, 2002.
(c) SUPPLEMENTAL APPROPRIATION.—For an addi-
tional amount for ‘‘Internal Revenue Service, Business
Systems
Modernization’’,
there
is
appropriated
the
amount rescinded pursuant to subsection (a), to remain
available until September 30, 2003. Such additional
amount may not be obligated until the Internal Revenue
Service submits to the Committees on Appropriations, and
such Committees approve, a plan for the expenditure of
such additional amount that complies with the require-
ments as specified in clauses (1) through (6) under such
heading in Public Law 107–67.
SEC. 1202. None of the funds appropriated in this
or any other Act may be used to transfer the functions,
missions, or activities of the United States Customs Serv-
ice to the Department of Justice.
SEC. 1203. (a) The Federal Law Enforcement Train-
ing Center may, for a period ending not later than 5 years
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after the date of the enactment of this Act, appoint and
maintain a cadre of up to 250 Federal annuitants—(1)
without regard to any provision of title 5, United States
Code, which might otherwise require the application of
competitive hiring procedures; and (2) who shall not be
subject to any reduction in pay (for annuity allocable to
the period of actual employment) under the provisions of
section 8344 or 8468 of such title 5 or similar provision
of any other retirement system for employees. A reem-
ployed Federal annuitant as to whom a waiver of reduc-
tion under paragraph (2) applies shall not, for any period
during which such waiver is in effect, be considered an
employee for purposes of subchapter III of chapter 83 or
chapter 84 of title 5, United States Code, or such other
retirement system (referred to in paragraph (2)) as may
apply.
(b) No appointment under this section may be made
which would result in the displacement of any employee.
(c) For purposes of this section—
(1) the term ‘‘Federal annuitant’’ means an
employee who has retired under the Civil Service Re-
tirement System, the Federal Employees’ Retire-
ment System, or any other retirement system for
employees;
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(2) the term ‘‘employee’’ has the meaning given
such term by section 2105 of such title 5; and
(3) the counting of Federal annuitants shall be
done on a full time equivalent basis.
CHAPTER 13
DEPARTMENT OF VETERANS AFFAIRS
VETERANS HEALTH ADMINISTRATION
MEDICAL CARE
For
an
additional
amount
for
‘‘Medical
care’’,
$417,000,000: Provided, That the funds provided herein
be allocated using the VERA methodology: Provided fur-
ther, That for the purposes of enabling the collection from
third-party insurance carriers for non-service related med-
ical care of veterans, all Department of Veterans Affairs
healthcare facilities are hereby certified as Medicare and
Medicaid providers and the Centers for Medicare and
Medicaid Services within the Department of Health and
Human Services shall issue each Department of Veterans
Affairs healthcare facility a provider number as soon as
practicable after the date of enactment of this Act: Pro-
vided further, That nothing in the preceding proviso shall
be construed to enable the Department of Veterans Affairs
to bill Medicare or Medicaid for any medical services pro-
vided by the Veterans Health Administration or to require
the Centers for Medicare and Medicaid Services to pay
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for any medical services provided by the Department of
Veterans Affairs.
DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT
PUBLIC AND INDIAN HOUSING
HOUSING CERTIFICATE FUND
(RESCISSION)
Of the unobligated balances remaining from funds
appropriated to the Department of Housing and Urban
Development under this heading or the heading ‘‘Annual
contributions for assisted housing’’ or any other heading
for fiscal year 2002 and prior years, $300,000,000 is here-
by rescinded: Provided, That any such balances governed
by reallocation provisions under the statute authorizing
the program for which the funds were originally appro-
priated shall not be available for this rescission.
COMMUNITY PLANNING AND DEVELOPMENT
COMMUNITY DEVELOPMENT FUND
For an additional amount for the ‘‘Community Devel-
opment Fund’’ for emergency expenses to respond to the
September 11, 2001, terrorist attacks on the United
States, $750,000,000, to remain available until expended:
Provided, That the State of New York, in cooperation with
the City of New York, shall, through the Lower Manhat-
tan Development Corporation, distribute these funds: Pro-
vided further, That such funds may be used for assistance
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for properties and businesses (including the restoration of
utility infrastructure) damaged by, and for economic revi-
talization directly related to, the terrorist attacks on the
United States that occurred on September 11, 2001, in
New York City and for reimbursement to the State and
City of New York for expenditures incurred from the reg-
ular Community Development Block Grant formula alloca-
tion used to achieve these same purposes: Provided further,
That the State of New York is authorized to provide such
assistance to the City of New York: Provided further, That
in administering these funds and funds under section 108
of such Act used for economic revitalization activities in
New York City, the Secretary may waive, or specify alter-
native requirements for, any provision of any statute or
regulation that the Secretary administers in connection
with the obligation by the Secretary or the use by the re-
cipient of thee funds or guarantees (except for require-
ments related to fair housing, nondiscrimination, labor
standards, and the environment), upon a finding that such
waiver is required to facilitate the use of such funds or
guarantees: Provided further, That such funds shall not
adversely affect the amount of any formula assistance re-
ceived by the State of New York, New York City, or any
categorical application for other Federal assistance: Pro-
vided further, That the Secretary shall publish in the Fed-
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eral Register any waiver of any statute or regulation that
the Secretary administers pursuant to title I of the Hous-
ing and Community Development Act of 1974, as amend-
ed, no later than 5 days before the effective date of such
waiver: Provided further, That the Secretary shall notify
the Committees on Appropriations on the proposed alloca-
tion of any funds and any related waivers pursuant to this
section no later than 5 days before such allocation: Pro-
vided further, That the entire amount is designated by the
Congress as an emergency requirement pursuant to sec-
tion 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
The referenced statement of the managers under the
heading ‘‘Community development fund’’ in title II of
Public Law 106–377 is deemed to be amended by striking
‘‘$2,000,000 is for the Louisville Community Development
Bank for the Louisville Neighborhood Initiative’’ and in-
serting ‘‘$2,000,000 for neighborhood revitalization activi-
ties in Louisville, Kentucky, as follows: $170,000 to the
Christian Church Homes of Kentucky for facility upgrades
at Chapel House, $500,000 to the Louisville Medical Cen-
ter Development Corporation for expansion of a research
park, $400,000 to the Louisville Science Center for con-
struction of a permanent exhibition, $150,000 to the New
Zion Community Development Foundation for renovation
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of a facility, $400,000 to the Presbyterian Community
Center for construction of a facility, $180,000 to the St.
Stephen Family Life Center for renovation of a facility,
and $200,000 to the United Crescent Hill Ministries for
renovation of a facility’’.
The referenced statement of the managers under the
heading ‘‘Community development fund’’ in title II of
Public Law 107–73 is deemed to be amended by striking
‘‘$3,000,000 for the Louisville Community Development
Bank for continuation of the Louisville Neighborhood Ini-
tiative’’ and inserting ‘‘$3,000,000 for neighborhood revi-
talization activities in Louisville, Kentucky, as follows:
$250,000 to the Bridgehaven Mental Health Agency for
planning and development of a facility, $600,000 to the
Cable Life Community Enrichment Corporation for con-
struction of a facility, $350,000 to Catholic Charities for
renovation of a facility, $500,000 to the Center for
Women and Families for an affordable housing program,
$100,000 to the Clifton Cultural Center for renovation of
a historic building, $200,000 to Harrods Creek Commu-
nity Development for construction of a facility, $200,000
to the James Taylor Memorial Home for facility improve-
ments, $600,000 to the Kentucky Art and Craft Founda-
tion for renovation of a facility, and $200,000 to the Shel-
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by Park Neighborhood Association for facility construc-
tion’’.
HOUSING PROGRAMS
RENTAL HOUSING ASSISTANCE
(RESCISSION)
The limitation otherwise applicable to the maximum
payments that may be required in any fiscal year by all
contracts entered into under section 236 of the National
Housing Act (12 U.S.C. 1715z–1) is reduced in fiscal year
2002 by not more than $300,000,000 in uncommitted bal-
ances of authorizations of contract authority provided for
this purpose in appropriations acts: Provided, That up to
$300,000,000 of recaptured section 236 budget authority
resulting from the prepayment of mortgages subsidized
under section 236 of the National Housing Act (12 U.S.C.
1715z–1) shall be rescinded in fiscal year 2002.
INDEPENDENT AGENCIES
DEPARTMENT OF HEALTH AND HUMAN
SERVICES
NATIONAL INSTITUTES OF HEALTH
NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH
SCIENCES
For an additional amount for ‘‘National Institute of
Environmental Health Sciences’’, $8,000,000, to carry out
activities set forth in section 311(a) of the Comprehensive
Environmental Response, Compensation, and Liability Act
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of 1980, as amended, and section 126(g) of the Superfund
Amendments and Reauthorization Act of 1986 in response
to the September 11, 2001, terrorist attacks on the United
States: Provided, That the entire amount is designated by
the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985, as amended.
AGENCY FOR TOXIC SUBSTANCES AND DISEASE
REGISTRY
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Ex-
penses’’, $11,300,000, of which $1,800,000 is for addi-
tional expenses incurred in response to the September 11,
2001, terrorist attacks on the United States, and of which
$9,500,000 is to enhance the States’ capacity to respond
to chemical terrorism events: Provided, That the entire
amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Bal-
ance Budget and Emergency Deficit Control Act of 1985,
as amended.
ENVIRONMENTAL PROTECTION AGENCY
STATE AND TRIBAL ASSISTANCE GRANTS
The referenced statement of the managers under this
heading in Public Law 106–377 is deemed to be amended
by striking everything after ‘‘$1,000,000’’ in reference to
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item number 91 and inserting ‘‘for Carrolton Utilities
($500,000), City of Williamston ($100,000) and Pen-
dleton County Industrial Authority ($400,000)’’.
The referenced statement of the managers under this
heading in Public Law 107–73 is deemed to be amended
by striking everything after ‘‘for’’ in reference to item
number 202 and inserting ‘‘storm water infrastructure im-
provements’’.
Grants appropriated under this heading in Public
Law 107–73 for drinking water infrastructure needs in
the New York City watershed shall be awarded under sec-
tion 1443(d) of the Safe Drinking Water Act, as amended.
The referenced statement of the managers under this
heading in Public Law 106–377 is deemed to be amended
by striking everything after ‘‘$2,000,000’’ in reference to
item number 168 and inserting ‘‘for the Town of Wallace,
North Carolina for a regional wastewater infrastructure
improvement project ($1,000,000), and for the Town of
Cary, North Carolina for wastewater infrastructure im-
provements
including
the
treatment
of
biosolids
($1,000,000).’’.
The referenced statement of managers under this
heading in Public Law 107–73 is deemed to be amended
in item 19 by inserting the words ‘‘water and’’ after the
word ‘‘for’’.
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FEDERAL EMERGENCY MANAGEMENT AGENCY
DISASTER RELIEF
For an additional amount for ‘‘Disaster relief’’ for
necessary expenses in carrying out the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5121 et seq.), and the Federal Fire Prevention and Con-
trol Act of 1974, as amended (15 U.S.C. 2201 et seq.),
$2,750,000,000 to remain available until expended: Pro-
vided, That the entire amount is designated by the Con-
gress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further,
That notwithstanding any other provision of law, the
Texas Medical Center may be provided FEMA Public As-
sistance and Hazard Mitigation grants as an agent for eli-
gible applicants.
DISASTER ASSISTANCE FOR UNMET NEEDS
For an additional amount for ‘‘Disaster assistance
for unmet needs’’, $23,320,000, to remain available until
September 30, 2004, for use by the Director of the Fed-
eral Emergency Management Agency (Director) only for
disaster relief, long-term recovery, and mitigation in com-
munities affected by Presidentially-declared natural disas-
ters designated during fiscal year 2002, only to the extent
funds are not made available for those activities by the
Federal Emergency Management Agency (under its ‘‘Dis-
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aster relief’’ program) or the Small Business Administra-
tion; Provided, That in administering these funds the Di-
rector shall allocate these funds to States to be adminis-
tered by each State in conjunction with its Federal Emer-
gency Management Agency Disaster Relief program: Pro-
vided further, That each State shall provide not less than
25 percent in non-Federal public matching funds or its
equivalent value (other than administrative costs) for any
funds allocated to the State under this heading: Provided
further, That the Director shall allocate these funds based
on the unmet needs arising from a Presidentially-declared
disaster as identified by the Director as those which have
not or will not be addressed by other Federal disaster as-
sistance programs and for which it is deemed appropriate
to supplement the efforts and available resources of
States, local governments and disaster relief organiza-
tions: Provided further, That the Director shall establish
review groups within the Federal Emergency Management
Agency to review each request by a State of its unmet
needs and certify as to the actual costs associated with
the unmet needs as well as the commitment and ability
of each State to provide its match requirement: Provided
further, That the Director shall publish a notice in the
Federal Register governing the allocation and use of the
funds under this heading, including provisions for ensur-
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ing the compliance of the States with the requirements
of this program: Provided further, That 10 days prior to
distribution of funds, the Director shall submit a list to
the House and Senate Committees on Appropriations set-
ting forth the proposed uses of funds and the most recent
estimates of unmet needs: Provided further, That the Di-
rector shall submit quarterly reports to said Committees
regarding the actual projects and needs for which funds
have been provided under this heading: Provided further,
That to the extent any funds under this heading are used
in a manner inconsistent with the requirements of the pro-
gram established under this heading and rules issued pur-
suant thereto, the Director shall recapture an equivalent
amount of funds from the State from any existing funds
or future funds awarded to the State under this heading
or any other program administered by the Federal Emer-
gency Management Agency: Provided further, That the en-
tire amount 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 by the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the
President to the Congress: Provided further, That the en-
tire amount is designated by the Congress as an emer-
gency requirement pursuant to section 251(b)(2)(A) of the
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Balanced Budget and Emergency Deficit Control Act of
1985, as amended.
EMERGENCY MANAGEMENT PLANNING AND ASSISTANCE
For an additional amount for ‘‘Emergency manage-
ment planning and assistance’’ for emergency expenses to
respond to the September 11, 2001 terrorist attacks on
the United States, $151,700,000 to remain available until
September 30, 2002: Provided, That the entire amount
is designated by the Congress as an emergency require-
ment pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as
amended.
GENERAL PROVISIONS—THIS CHAPTER
SEC. 1301. Notwithstanding the first paragraph of
the item in title II of Public Law 107–73 relating to ‘‘Fed-
eral housing administration, Mutual mortgage insurance
program account’’, during fiscal year 2002, commitments
to guarantee loans to carry out the purposes of section
203(b) of the National Housing Act shall not exceed a
loan principal of $165,000,000,000.
SEC. 1302. Notwithstanding the first paragraph of
the item in title II of Public Law 107–73 related to ‘‘Fed-
eral housing administration, General and special risk pro-
gram account’’, any amounts made available for fiscal year
2002 for the cost of guaranteed loans, as authorized by
sections 238 and 519 of the National Housing Act (12
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U.S.C. 1715z–3 and 1735c), including the cost of loan
guarantee modifications (as that term is defined in section
502 of the Congressional Budget Act of 1974), shall be
available to subsidize total loan principal, any part of
which is to be guaranteed, of up to $23,000,000,000.
CHAPTER 14
GENERAL PROVISIONS
SEC. 1401. No part of any appropriation contained
in this Act shall remain available for obligation beyond
the current fiscal year unless expressly so provided herein.
SEC. 1402. Notwithstanding any other provision of
law,
all
adjustments
made
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 for fiscal year 2003 shall be
deemed to be zero. This section shall apply immediately
to all reports issued pursuant to section 254 of the Bal-
anced Budget and Emergency Deficit Control Act of 1985
for fiscal year 2003, including the discretionary sequester
preview report.
SEC. 1403. Section 3101 of title 31, United States
Code, is amended by adding at the end the following new
subsection:
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‘‘(d) The United States Government shall take all
steps necessary to guarantee the full faith and credit of
the Government.’’.
SEC. 1404. TREATMENT OF CERTAIN COUNTIES FOR PUR-
POSES
OF
REIMBURSEMENT
UNDER
THE
MEDICARE PROGRAM.
(a) RECLASSIFICATION
OF CERTAIN PENNSYLVANIA
COUNTIES.—
(1) IN GENERAL.—Notwithstanding any other
provision of law, effective for discharges occurring
during fiscal year 2003, for purposes of making pay-
ments under subsections (d) and (j) of section 1886
of the Social Security Act (42 U.S.C. 1395ww) to
hospitals (including rehabilitation hospitals and re-
habilitation units under such subsection (j))—
(A) in Lackawanna, Lucerne, Wyoming,
Lycoming, and Columbia Counties, Pennsyl-
vania, such counties are deemed to be located
in the Newburgh, New York-PA Metropolitan
Statistical Area; and
(B) in Mercer County, Pennsylvania, such
county is deemed to be located in Youngston-
Warren, Ohio Metropolitan Statistical Area.
(2) RULES.—The reclassifications made under
paragraph (1) with respect to a subsection (d) hos-
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pital shall be treated as a decision of the Medicare
Geographic Classification Review Board under para-
graph (10) of section 1886(d) of the Social Security
Act (42 U.S.C. 1395ww(d)).
(b) LARGE URBAN AREA OF NEW YORK.—Notwith-
standing any other provision of law, effective for dis-
charges occurring on or after October 1, 2002, and before
October 1, 2005, for purposes of making payments under
section 1886(d) of the Social Security Act (42 U.S.C.
1395ww(d)) the large urban area of New York, New York
is deemed to include Orange County, New York, and
Dutchess County, New York.
SEC. 1405. AMENDMENTS TO THE CARIBBEAN BASIN ECO-
NOMIC RECOVERY ACT.
Section 213(b)(2)(A) of the Caribbean Basin Eco-
nomic Recovery Act (title II of Public Law 98–67; 19
U.S.C. 2703(b)(2)(A)) is amended—
(1) in clause (i), by adding at the end the fol-
lowing:
‘‘Apparel articles shall qualify under the
preceding sentence only if all dyeing, printing,
and finishing of the fabrics from which the arti-
cles are assembled, if the fabrics are knit fab-
rics, is carried out in the United States. Ap-
parel articles shall qualify under the first sen-
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tence of this clause only if all dyeing, printing,
and finishing of the fabrics from which the arti-
cles are assembled, if the fabrics are woven fab-
rics, is carried out in the United States.’’; and
(2) in clause (ii), by adding at the end the fol-
lowing:
‘‘Apparel articles shall qualify under the
preceding sentence only if all dyeing, printing,
and finishing of the fabrics from which the arti-
cles are assembled, if the fabrics are knit fab-
rics, is carried out in the United States. Ap-
parel articles shall qualify under the first sen-
tence of this clause only if all dyeing, printing,
and finishing of the fabrics from which the arti-
cles are assembled, if the fabrics are woven fab-
rics, is carried out in the United States.’’.
(b) ANDEAN TRADE PREFERENCE ACT.—Any duty
free or other preferential treatment provided under the
Andean Trade Preference Act to apparel articles assem-
bled from fabric formed in the United States shall apply
to such articles only if all dyeing, printing, and finishing
of the fabrics from which the articles are assembled if the
fabrics are knit fabrics, is carried out in the United States.
Any duty-free or other preferential treatment provided
under the Andean Trade Preference Act to apparel articles
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assembled from fabric formed in the United States shall
apply to such articles only if all dyeing, printing, and fin-
ishing of the fabrics from which the articles are assembled
if the fabrics are woven fabrics, is carried out in the
United States.
(c)
EFFECTIVE
DATE.—Subsection
(b)
and
the
amendments made by subsection (a) shall take effect—
(1) 90 days after the date of the enactment of
this Act, or
(2) September 1, 2002,
whichever occurs first.
SEC. 1406. Congress shall take all steps necessary
to ensure that section 5402 of title 39, United States
Code, is amended to allow the United States Postal Serv-
ice to tender non-priority bypass mail to mainline carriers
who carry mainline non-priority bypass mail. Congress
shall take all steps necessary to ensure that section 5402
of title 39, United States Code, is further amended to
allow the United States Postal Service to tender non-pri-
ority bypass mail to bush carriers, on a route not served
by a mainline carriers or between two bush points. Car-
riers are encouraged to upgrade their operating certifi-
cates and increase passenger service. Carriers who make
these changes may be tendered a greater percentage of
non-priority bypass mail. Congress shall take all steps nec-
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essary to ensure that the Secretary of the Department of
Transportation sets non-priority bypass mail rate as is
deemed necessary to continue the bypass mail service. The
requirements of these provisions will only be in effect in
the State of Alaska.
TITLE II—AMERICAN SERVICE-
MEMBERS’ PROTECTION ACT
SEC. 2001. SHORT TITLE.
This
title
may
be
cited
as
the
‘‘American
Servicemembers’ Protection Act of 2002’’.
SEC. 2002. FINDINGS.
Congress makes the following findings:
(1) On July 17, 1998, the United Nations Dip-
lomatic Conference of Plenipotentiaries on the Es-
tablishment of an International Criminal Court,
meeting in Rome, Italy, adopted the ‘‘Rome Statute
of the International Criminal Court’’. The vote on
whether to proceed with the statute was 120 in favor
to 7 against, with 21 countries abstaining. The
United States voted against final adoption of the
Rome Statute.
(2) As of April 30, 2001, 139 countries had
signed the Rome Statute and 30 had ratified it. Pur-
suant to Article 126 of the Rome Statute, the stat-
ute will enter into force on the first day of the
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month after the 60th day following the date on
which the 60th country deposits an instrument rati-
fying the statute.
(3) Since adoption of the Rome Statute, a Pre-
paratory Commission for the International Criminal
Court has met regularly to draft documents to im-
plement the Rome Statute, including Rules of Proce-
dure and Evidence, Elements of Crimes, and a defi-
nition of the Crime of Aggression.
(4) During testimony before the Congress fol-
lowing the adoption of the Rome Statute, the lead
United
States
negotiator,
Ambassador
David
Scheffer stated that the United States could not
sign the Rome Statute because certain critical nego-
tiating objectives of the United States had not been
achieved. As a result, he stated: ‘‘We are left with
consequences that do not serve the cause of inter-
national justice.’’
(5) Ambassador Scheffer went on to tell the
Congress that: ‘‘Multinational peacekeeping forces
operating in a country that has joined the treaty can
be exposed to the Court’s jurisdiction even if the
country of the individual peacekeeper has not joined
the treaty. Thus, the treaty purports to establish an
arrangement whereby United States armed forces
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operating overseas could be conceivably prosecuted
by the international court even if the United States
has not agreed to be bound by the treaty. Not only
is this contrary to the most fundamental principles
of treaty law, it could inhibit the ability of the
United States to use its military to meet alliance ob-
ligations and participate in multinational operations,
including humanitarian interventions to save civilian
lives. Other contributors to peacekeeping operations
will be similarly exposed.’’.
(6) Notwithstanding these concerns, President
Clinton directed that the United States sign the
Rome Statute on December 31, 2000. In a state-
ment issued that day, he stated that in view of the
unremedied deficiencies of the Rome Statute, ‘‘I will
not, and do not recommend that my successor sub-
mit the Treaty to the Senate for advice and consent
until our fundamental concerns are satisfied’’.
(7) Any American prosecuted by the Inter-
national Criminal Court will, under the Rome Stat-
ute, be denied procedural protections to which all
Americans are entitled under the Bill of Rights to
the United States Constitution, such as the right to
trial by jury.
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(8) Members of the Armed Forces of the
United States should be free from the risk of pros-
ecution by the International Criminal Court, espe-
cially when they are stationed or deployed around
the world to protect the vital national interests of
the United States. The United States Government
has an obligation to protect the members of its
Armed Forces, to the maximum extent possible,
against criminal prosecutions carried out by the
International Criminal Court.
(9) In addition to exposing members of the
Armed Forces of the United States to the risk of
international criminal prosecution, the Rome Statute
creates a risk that the President and other senior
elected and appointed officials of the United States
Government may be prosecuted by the International
Criminal
Court.
Particularly
if
the
Preparatory
Commission agrees on a definition of the Crime of
Aggression over United States objections, senior
United States officials may be at risk of criminal
prosecution for national security decisions involving
such matters as responding to acts of terrorism, pre-
venting the proliferation of weapons of mass destruc-
tion, and deterring aggression. No less than mem-
bers of the Armed Forces of the United States, sen-
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ior officials of the United States Government should
be free from the risk of prosecution by the Inter-
national Criminal Court, especially with respect to
official actions taken by them to protect the national
interests of the United States.
(10) Any agreement within the Preparatory
Commission on a definition of the Crime of Aggres-
sion that usurps the prerogative of the United Na-
tions Security Council under Article 39 of the char-
ter of the United Nations to ‘‘determine the exist-
ence of any . . . . act of aggression’’ would contravene
the charter of the United Nations and undermine
deterrence.
(11) It is a fundamental principle of inter-
national law that a treaty is binding upon its parties
only and that it does not create obligations for non-
parties without their consent to be bound. The
United States is not a party to the Rome Statute
and will not be bound by any of its terms. The
United States will not recognize the jurisdiction of
the International Criminal Court over United States
nationals.
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SEC. 2003. WAIVER AND TERMINATION OF PROHIBITIONS
OF THIS TITLE.
(a) AUTHORITY TO INITIALLY WAIVE SECTIONS 5
AND 7.—The President is authorized to waive the prohibi-
tions and requirements of sections 2005 and 2007 for a
single period of 1 year. A waiver under this subsection
may be issued only if the President at least 15 days in
advance of exercising such authority—
(1) notifies the appropriate congressional com-
mittees of the intention to exercise such authority;
and
(2) determines and reports to the appropriate
congressional
committees
that
the
International
Criminal Court has entered into a binding agree-
ment that—
(A) prohibits the International Criminal
Court from seeking to exercise jurisdiction over
the following persons with respect to actions
undertaken by them in an official capacity:
(i) covered United States persons;
(ii) covered allied persons; and
(iii)
individuals
who
were
covered
United States persons or covered allied
persons; and
(B) ensures that no person described in
subparagraph (A) will be arrested, detained,
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prosecuted, or imprisoned by or on behalf of the
International Criminal Court.
(b) AUTHORITY TO EXTEND WAIVER OF SECTIONS
5 AND 7.—The President is authorized to waive the prohi-
bitions and requirements of sections 2005 and 2007 for
successive periods of 1 year each upon the expiration of
a previous waiver pursuant to subsection (a) or this sub-
section. A waiver under this subsection may be issued only
if the President at least 15 days in advance of exercising
such authority—
(1) notifies the appropriate congressional com-
mittees of the intention to exercise such authority;
and
(2) determines and reports to the appropriate
congressional
committees
that
the
International
Criminal Court—
(A) remains party to, and has continued to
abide by, a binding agreement that—
(i) prohibits the International Crimi-
nal Court from seeking to exercise jurisdic-
tion over the following persons with respect
to actions undertaken by them in an offi-
cial capacity:
(I) covered United States per-
sons;
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(II) covered allied persons; and
(III) individuals who were cov-
ered United States persons or covered
allied persons; and
(ii) ensures that no person described
in clause (i) will be arrested, detained,
prosecuted, or imprisoned by or on behalf
of the International Criminal Court; and
(B) has taken no steps to arrest, detain,
prosecute, or imprison any person described in
clause (i) of subparagraph (A).
(c) AUTHORITY TO WAIVE SECTIONS 4 AND 6 WITH
RESPECT TO AN INVESTIGATION OR PROSECUTION OF A
NAMED INDIVIDUAL.—The President is authorized to
waive the prohibitions and requirements of sections 2004
and 2006 to the degree such prohibitions and require-
ments would prevent United States cooperation with an
investigation or prosecution of a named individual by the
International Criminal Court. A waiver under this sub-
section may be issued only if the President at least 15
days in advance of exercising such authority—
(1) notifies the appropriate congressional com-
mittees of the intention to exercise such authority;
and
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(2) determines and reports to the appropriate
congressional committees that—
(A) a waiver pursuant to subsection (a) or
(b) of the prohibitions and requirements of sec-
tions 2005 and 2007 is in effect;
(B) there is reason to believe that the
named
individual
committed
the
crime
or
crimes that are the subject of the International
Criminal Court’s investigation or prosecution;
(C) it is in the national interest of the
United States for the International Criminal
Court’s
investigation
or
prosecution
of
the
named individual to proceed; and
(D) in investigating events related to ac-
tions by the named individual, none of the fol-
lowing persons will be investigated, arrested,
detained, prosecuted, or imprisoned by or on
behalf of the International Criminal Court with
respect to actions undertaken by them in an of-
ficial capacity:
(i) Covered United States persons.
(ii) Covered allied persons.
(iii)
Individuals
who
were
covered
United States persons or covered allied
persons.
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(d) TERMINATION OF WAIVER PURSUANT TO SUB-
SECTION (c).—Any waiver or waivers exercised pursuant
to subsection (c) of the prohibitions and requirements of
sections 2004 and 2006 shall terminate at any time that
a waiver pursuant to subsection (a) or (b) of the prohibi-
tions and requirements of sections 2005 and 2007 expires
and is not extended pursuant to subsection (b).
(e)
TERMINATION
OF
PROHIBITIONS
OF
THIS
TITLE.—The prohibitions and requirements of sections
2004, 2005, 2006, and 2007 shall cease to apply, and the
authority of section 2008 shall terminate, if the United
States becomes a party to the International Criminal
Court pursuant to a treaty made under article II, section
2, clause 2 of the Constitution of the United States.
SEC.
2004.
PROHIBITION
ON
COOPERATION
WITH
THE
INTERNATIONAL CRIMINAL COURT.
(a) APPLICATION.—The provisions of this section—
(1) apply only to cooperation with the Inter-
national Criminal Court and shall not apply to co-
operation with an ad hoc international criminal tri-
bunal established by the United Nations Security
Council before or after the date of the enactment of
this Act to investigate and prosecute war crimes
committed in a specific country or during a specific
conflict; and
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(2) shall not prohibit—
(A) any action permitted under section
2008; or
(B) communication by the United States of
its policy with respect to a matter.
(b) PROHIBITION
ON RESPONDING
TO REQUESTS
FOR COOPERATION.—Notwithstanding section 1782 of
title 28, United States Code, or any other provision of law,
no United States Court, and no agency or entity of any
State or local government, including any court, may co-
operate with the International Criminal Court in response
to a request for cooperation submitted by the Inter-
national Criminal Court pursuant to the Rome Statute.
(c) PROHIBITION
ON TRANSMITTAL
OF LETTERS
ROGATORY
FROM
THE
INTERNATIONAL
CRIMINAL
COURT.—Notwithstanding
section
1781
of
title
28,
United States Code, or any other provision of law, no
agency of the United States Government may transmit for
execution any letter rogatory issued, or other request for
cooperation made, by the International Criminal Court to
the tribunal, officer, or agency in the United States to
whom it is addressed.
(d) PROHIBITION ON EXTRADITION TO THE INTER-
NATIONAL CRIMINAL COURT.—Notwithstanding any other
provision of law, no agency or entity of the United States
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Government or of any State or local government may ex-
tradite any person from the United States to the Inter-
national Criminal Court, nor support the transfer of any
United States citizen or permanent resident alien to the
International Criminal Court.
(e) PROHIBITION ON PROVISION OF SUPPORT TO
THE
INTERNATIONAL
CRIMINAL
COURT.—Notwith-
standing any other provision of law, no agency or entity
of the United States Government or of any State or local
government, including any court, may provide support to
the International Criminal Court.
(f) PROHIBITION ON USE OF APPROPRIATED FUNDS
TO ASSIST
THE INTERNATIONAL CRIMINAL COURT.—
Notwithstanding any other provision of law, no funds ap-
propriated under any provision of law may be used for
the purpose of assisting the investigation, arrest, deten-
tion, extradition, or prosecution of any United States cit-
izen or permanent resident alien by the International
Criminal Court.
(g) RESTRICTION
ON ASSISTANCE PURSUANT
TO
MUTUAL LEGAL ASSISTANCE TREATIES.—The United
States shall exercise its rights to limit the use of assist-
ance provided under all treaties and executive agreements
for mutual legal assistance in criminal matters, multilat-
eral conventions with legal assistance provisions, and ex-
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tradition treaties, to which the United States is a party,
and in connection with the execution or issuance of any
letter rogatory, to prevent the transfer to, or other use
by, the International Criminal Court of any assistance
provided by the United States under such treaties and let-
ters rogatory.
(h) PROHIBITION ON INVESTIGATIVE ACTIVITIES OF
AGENTS.—No agent of the International Criminal Court
may conduct, in the United States or any territory subject
to the jurisdiction of the United States, any investigative
activity relating to a preliminary inquiry, investigation,
prosecution, or other proceeding at the International
Criminal Court.
SEC. 2005. RESTRICTION ON UNITED STATES PARTICIPA-
TION IN CERTAIN UNITED NATIONS PEACE-
KEEPING OPERATIONS.
(a) POLICY.—Effective beginning on the date on
which the Rome Statute enters into force pursuant to Ar-
ticle 126 of the Rome Statute, the President should use
the voice and vote of the United States in the United Na-
tions Security Council to ensure that each resolution of
the Security Council authorizing any peacekeeping oper-
ation under chapter VI of the charter of the United Na-
tions or peace enforcement operation under chapter VII
of the charter of the United Nations permanently exempts,
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at a minimum, members of the Armed Forces of the
United States participating in such operation from crimi-
nal prosecution or other assertion of jurisdiction by the
International Criminal Court for actions undertaken by
such personnel in connection with the operation.
(b) RESTRICTION.—Members of the Armed Forces of
the United States may not participate in any peacekeeping
operation under chapter VI of the charter of the United
Nations or peace enforcement operation under chapter VII
of the charter of the United Nations, the creation of which
is authorized by the United Nations Security Council on
or after the date that the Rome Statute enters into effect
pursuant to Article 126 of the Rome Statute, unless the
President has submitted to the appropriate congressional
committees a certification described in subsection (c) with
respect to such operation.
(c) CERTIFICATION.—The certification referred to in
subsection (b) is a certification by the President that—
(1) members of the Armed Forces of the United
States are able to participate in the peacekeeping or
peace enforcement operation without risk of criminal
prosecution or other assertion of jurisdiction by the
International Criminal Court because, in authorizing
the operation, the United Nations Security Council
permanently exempted, at a minimum, members of
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the Armed Forces of the United States participating
in the operation from criminal prosecution or other
assertion of jurisdiction by the International Crimi-
nal Court for actions undertaken by them in connec-
tion with the operation;
(2) members of the Armed Forces of the United
States are able to participate in the peacekeeping or
peace enforcement operation without risk of criminal
prosecution or other assertion of jurisdiction by the
International Criminal Court because each country
in which members of the Armed Forces of the
United States participating in the operation will be
present either is not a party to the International
Criminal Court and has not invoked the jurisdiction
of the International Criminal Court pursuant to Ar-
ticle 12 of the Rome Statute, or has entered into an
agreement in accordance with Article 98 of the
Rome Statute preventing the International Criminal
Court from proceeding against members of the
Armed Forces of the United States present in that
country; or
(3) the national interests of the United States
justify participation by members of the Armed
Forces of the United States in the peacekeeping or
peace enforcement operation.
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SEC. 2006. PROHIBITION ON DIRECT OR INDIRECT TRANS-
FER OF CLASSIFIED NATIONAL SECURITY IN-
FORMATION AND LAW ENFORCEMENT INFOR-
MATION TO THE INTERNATIONAL CRIMINAL
COURT.
(a) IN GENERAL.—Not later than the date on which
the Rome Statute enters into force, the President shall
ensure that appropriate procedures are in place to prevent
the transfer of classified national security information and
law enforcement information to the International Criminal
Court for the purpose of facilitating an investigation, ap-
prehension, or prosecution.
(b) INDIRECT TRANSFER.—The procedures adopted
pursuant to subsection (a) shall be designed to prevent
the transfer to the United Nations and to the government
of any country that is party to the International Criminal
Court of classified national security information and law
enforcement information that specifically relates to mat-
ters known to be under investigation or prosecution by the
International Criminal Court, except to the degree that
satisfactory assurances are received from the United Na-
tions or that government, as the case may be, that such
information will not be made available to the International
Criminal Court for the purpose of facilitating an investiga-
tion, apprehension, or prosecution.
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(c) CONSTRUCTION.—The provisions of this section
shall not be construed to prohibit any action permitted
under section 2008.
SEC. 2007. PROHIBITION OF UNITED STATES MILITARY AS-
SISTANCE
TO
PARTIES
TO
THE
INTER-
NATIONAL CRIMINAL COURT.
(a) PROHIBITION OF MILITARY ASSISTANCE.—Sub-
ject to subsections (b) and (c), and effective 1 year after
the date on which the Rome Statute enters into force pur-
suant to Article 126 of the Rome Statute, no United
States military assistance may be provided to the govern-
ment of a country that is a party to the International
Criminal Court.
(b) NATIONAL INTEREST WAIVER.—The President
may, without prior notice to Congress, waive the prohibi-
tion of subsection (a) with respect to a particular country
if he determines and reports to the appropriate congres-
sional committees that it is important to the national in-
terest of the United States to waive such prohibition.
(c) ARTICLE 98 WAIVER.—The President may, with-
out prior notice to Congress, waive the prohibition of sub-
section (a) with respect to a particular country if he deter-
mines and reports to the appropriate congressional com-
mittees that such country has entered into an agreement
with the United States pursuant to Article 98 of the Rome
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Statute preventing the International Criminal court from
proceeding against United States personnel present in
such country.
(d) EXEMPTION.—The prohibition of subsection (a)
shall not apply to the government of—
(1) a NATO member country;
(2) a major non-NATO ally (including Aus-
tralia, Egypt, Israel, Japan, Jordan, Argentina, the
Republic of Korea, and New Zealand); or
(3) Taiwan.
SEC. 2008. AUTHORITY TO FREE MEMBERS OF THE ARMED
FORCES OF THE UNITED STATES AND CER-
TAIN OTHER PERSONS DETAINED OR IMPRIS-
ONED BY OR ON BEHALF OF THE INTER-
NATIONAL CRIMINAL COURT.
(a) AUTHORITY.—The President is authorized to use
all means necessary and appropriate to bring about the
release of any person described in subsection (b) who is
being detained or imprisoned by, on behalf of, or at the
request of the International Criminal Court.
(b) PERSONS AUTHORIZED TO BE FREED.—The au-
thority of subsection (a) shall extend to the following per-
sons:
(1) Covered United States persons.
(2) Covered allied persons.
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(3) Individuals detained or imprisoned for offi-
cial actions taken while the individual was a covered
United States person or a covered allied person, and
in the case of a covered allied person, upon the re-
quest of such government.
(c) AUTHORIZATION OF LEGAL ASSISTANCE.—When
any person described in subsection (b) is arrested, de-
tained, investigated, prosecuted, or imprisoned by, on be-
half of, or at the request of the International Criminal
Court, the President is authorized to direct any agency
of the United States Government to provide—
(1) legal representation and other legal assist-
ance to that person (including, in the case of a per-
son entitled to assistance under section 1037 of title
10, United States Code, representation and other as-
sistance in the manner provided in that section);
(2) exculpatory evidence on behalf of that per-
son; and
(3) defense of the interests of the United States
through appearance before the International Crimi-
nal Court pursuant to Article 18 or 19 of the Rome
Statute, or before the courts or tribunals of any
country.
(d) BRIBES AND OTHER INDUCEMENTS NOT AU-
THORIZED.—This section does not authorize the payment
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of bribes or the provision of other such incentives to induce
the release of a person described in subsection (b).
SEC. 2009. ALLIANCE COMMAND ARRANGEMENTS.
(a) REPORT
ON ALLIANCE COMMAND ARRANGE-
MENTS.—Not later than 6 months after the date of the
enactment of this Act, the President should transmit to
the appropriate congressional committees a report with re-
spect to each military alliance to which the United States
is party—
(1) describing the degree to which members of
the Armed Forces of the United States may, in the
context of military operations undertaken by or pur-
suant to that alliance, be placed under the command
or operational control of foreign military officers
subject to the jurisdiction of the International Crimi-
nal Court because they are nationals of a party to
the International Criminal Court; and
(2) evaluating the degree to which members of
the Armed Forces of the United States engaged in
military operations undertaken by or pursuant to
that alliance may be exposed to greater risks as a
result of being placed under the command or oper-
ational control of foreign military officers subject to
the jurisdiction of the International Criminal Court.
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(b) DESCRIPTION OF MEASURES TO ACHIEVE EN-
HANCED PROTECTION FOR MEMBERS OF THE ARMED
FORCES OF THE UNITED STATES.—Not later than 1 year
after the date of the enactment of this Act, the President
should transmit to the appropriate congressional commit-
tees a description of modifications to command and oper-
ational control arrangements within military alliances to
which the United States is a party that could be made
in order to reduce any risks to members of the Armed
Forces of the United States identified pursuant to sub-
section (a)(2).
(c) SUBMISSION IN CLASSIFIED FORM.—The report
under subsection (a), and the description of measures
under subsection (b), or appropriate parts thereof, may
be submitted in classified form.
SEC. 2010. WITHHOLDINGS.
Funds withheld from the United States share of as-
sessments to the United Nations or any other inter-
national organization during any fiscal year pursuant to
section 705 of the Admiral James W. Nance and Meg
Donovan Foreign Relations Authorization Act, Fiscal
Years 2000 and 2001 (as enacted by section 1000(a)(7)
of Public Law 106–113; 113 Stat. 1501A–460), are au-
thorized to be transferred to the Embassy Security, Con-
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struction and Maintenance Account of the Department of
State.
SEC. 2011. APPLICATION OF SECTIONS 2004 AND 2006 TO EX-
ERCISE OF CONSTITUTIONAL AUTHORITIES.
(a) IN GENERAL.—Sections 2004 and 2006 shall not
apply to any action or actions with respect to a specific
matter involving the International Criminal Court taken
or directed by the President on a case-by-case basis in the
exercise of the President’s authority as Commander in
Chief of the Armed Forces of the United States under ar-
ticle II, section 2 of the United States Constitution or in
the exercise of the executive power under article II, section
1 of the United States Constitution.
(b) NOTIFICATION TO CONGRESS.—
(1) IN GENERAL.—Subject to paragraph (2),
not later than 15 days after the President takes or
directs an action or actions described in subsection
(a) that would otherwise be prohibited under section
2004 or 2006, the President shall submit a notifica-
tion of such action to the appropriate congressional
committees. A notification under this paragraph
shall include a description of the action, a deter-
mination that the action is in the national interest
of the United States, and a justification for the ac-
tion.
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(2) EXCEPTION.—If the President determines
that a full notification under paragraph (1) could
jeopardize the national security of the United States
or compromise a United States law enforcement ac-
tivity, not later than 15 days after the President
takes or directs an action or actions referred to in
paragraph (1) the President shall notify the appro-
priate congressional committees that an action has
been taken and a determination has been made pur-
suant to this paragraph. The President shall provide
a full notification under paragraph (1) not later
than 15 days after the reasons for the determination
under this paragraph no longer apply.
(c) CONSTRUCTION.—Nothing in this section shall be
construed as a grant of statutory authority to the Presi-
dent to take any action.
SEC. 2012. NONDELEGATION.
The authorities vested in the President by sections
2003 and 2011(a) may not be delegated by the President
pursuant to section 301 of title 3, United States Code,
or any other provision of law. The authority vested in the
President by section 2005(c)(3) may not be delegated by
the President pursuant to section 301 of title 3, United
States Code, or any other provision of law to any official
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other than the Secretary of Defense, and if so delegated
may not be subdelegated.
SEC. 2013. DEFINITIONS.
As used in this title and in section 706 of the Admiral
James W. Nance and Meg Donovan Foreign Relations Au-
thorization Act, Fiscal Years 2000 and 2001:
(1)
APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means the Committee on International Re-
lations of the House of Representatives and the
Committee on Foreign Relations of the Senate.
(2) CLASSIFIED NATIONAL SECURITY INFORMA-
TION.—The term ‘‘classified national security infor-
mation’’ means information that is classified or clas-
sifiable under Executive Order 12958 or a successor
Executive order.
(3)
COVERED
ALLIED
PERSONS.—The
term
‘‘covered allied persons’’ means military personnel,
elected or appointed officials, and other persons em-
ployed by or working on behalf of the government of
a NATO member country, a major non-NATO ally
(including Australia, Egypt, Israel, Japan, Jordan,
Argentina, the Republic of Korea, and New Zea-
land), or Taiwan, for so long as that government is
not a party to the International Criminal Court and
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wishes its officials and other persons working on its
behalf to be exempted from the jurisdiction of the
International Criminal Court.
(4) COVERED UNITED STATES PERSONS.—The
term ‘‘covered United States persons’’ means mem-
bers of the Armed Forces of the United States,
elected or appointed officials of the United States
Government, and other persons employed by or
working on behalf of the United States Government,
for so long as the United States is not a party to
the International Criminal Court.
(5) EXTRADITION.—The terms ‘‘extradition’’
and ‘‘extradite’’ mean the extradition of a person in
accordance with the provisions of chapter 209 of
title 18, United States Code, (including section
3181(b) of such title) and such terms include both
extradition and surrender as those terms are defined
in Article 102 of the Rome Statute.
(6) INTERNATIONAL
CRIMINAL
COURT.—The
term ‘‘International Criminal Court’’ means the
court established by the Rome Statute.
(7) MAJOR NON-NATO ALLY.—The term ‘‘major
non-NATO ally’’ means a country that has been so
designated in accordance with section 517 of the
Foreign Assistance Act of 1961.
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(8) PARTICIPATE IN ANY PEACEKEEPING OPER-
ATION UNDER CHAPTER VI OF THE CHARTER OF
THE UNITED NATIONS OR PEACE ENFORCEMENT OP-
ERATION UNDER CHAPTER VII OF THE CHARTER OF
THE UNITED NATIONS.—The term ‘‘participate in
any peacekeeping operation under chapter VI of the
charter of the United Nations or peace enforcement
operation under chapter VII of the charter of the
United Nations’’ means to assign members of the
Armed Forces of the United States to a United Na-
tions military command structure as part of a peace-
keeping operation under chapter VI of the charter of
the United Nations or peace enforcement operation
under chapter VII of the charter of the United Na-
tions in which those members of the Armed Forces
of the United States are subject to the command or
operational control of one or more foreign military
officers not appointed in conformity with article II,
section 2, clause 2 of the Constitution of the United
States.
(9) PARTY TO THE INTERNATIONAL CRIMINAL
COURT.—The
term
‘‘party
to
the
International
Criminal Court’’ means a government that has de-
posited an instrument of ratification, acceptance, ap-
proval, or accession to the Rome Statute, and has
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not withdrawn from the Rome Statute pursuant to
Article 127 thereof.
(10) PEACEKEEPING OPERATION UNDER CHAP-
TER VI OF THE CHARTER OF THE UNITED NATIONS
OR PEACE ENFORCEMENT OPERATION UNDER CHAP-
TER
VII
OF
THE
CHARTER
OF
THE
UNITED
NA-
TIONS.—The term ‘‘peacekeeping operation under
chapter VI of the charter of the United Nations or
peace enforcement operation under chapter VII of
the charter of the United Nations’’ means any mili-
tary operation to maintain or restore international
peace and security that—
(A) is authorized by the United Nations
Security Council under chapter VI or VII of the
charter of the United Nations; and
(B) is paid for from assessed contributions
of United Nations members that are made
available for peacekeeping or peace enforcement
activities.
(11) ROME STATUTE.—The term ‘‘Rome Stat-
ute’’ means the Rome Statute of the International
Criminal Court, adopted by the United Nations Dip-
lomatic Conference of Plenipotentiaries on the Es-
tablishment of an International Criminal Court on
July 17, 1998.
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(12) SUPPORT.—The term ‘‘support’’ means as-
sistance of any kind, including financial support,
transfer of property or other material support, serv-
ices, intelligence sharing, law enforcement coopera-
tion, the training or detail of personnel, and the ar-
rest or detention of individuals.
(13) UNITED STATES MILITARY ASSISTANCE.—
The
term
‘‘United
States
military
assistance’’
means—
(A) assistance provided under chapter 2 or
5 of part II of the Foreign Assistance Act of
1961 (22 U.S.C. 2151 et seq.); or
(B) defense articles or defense services fur-
nished with the financial assistance of the
United States Government, including through
loans and guarantees, under section 23 of the
Arms Export Control Act (22 U.S.C. 2763).
SEC. 2014. REPEAL OF LIMITATION.
The Department of Defense Appropriations Act,
2002 (division A of Public Law 107–117) is amended by
striking section 8173.
This Act may be cited as the ‘‘2002 Supplemental
Appropriations Act for Further Recovery From and Re-
sponse To Terrorist Attacks on the United States’’.
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That the following sums are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
fiscal year ending September 30, 2002, and for other pur-
poses, namely:
TITLE I—SUPPLEMENTAL APPROPRIATIONS
CHAPTER 1
DEPARTMENT OF AGRICULTURE
OFFICE OF THE SECRETARY
(INCLUDING TRANSFERS OF FUNDS)
For an additional amount for ‘‘Office of the Sec-
retary’’, $18,000,000, to remain available until expended:
Provided, That the Secretary shall transfer these funds to
the Agricultural Research Service, the Animal and Plant
Health Inspection Service, the Agricultural Marketing
Service, and/or the Food Safety and Inspection Service:
Provided further, That the entire amount is designated by
the Congress as an emergency requirement pursuant to sec-
tion 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
AGRICULTURAL RESEARCH SERVICE
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Ex-
penses’’, $16,000,000, to remain available until September
30, 2003: Provided, That the entire amount is designated
by the Congress as an emergency requirement pursuant to
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section 251(b)(2)(A) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985, as amended.
BUILDINGS AND FACILITIES
For an additional amount for ‘‘Buildings and Facili-
ties’’, $50,000,000, to remain available until expended.
COOPERATIVE STATE RESEARCH, EDUCATION, AND
EXTENSION SERVICE
EXTENSION ACTIVITIES
For an additional amount for ‘‘Extension Activities’’,
$16,000,000, to remain available until September 30, 2003:
Provided, That the entire amount is designated by the Con-
gress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Def-
icit Control Act of 1985, as amended.
ANIMAL AND PLANT HEALTH INSPECTION SERVICE
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Ex-
penses’’, $60,000,000, to remain available until September
30, 2003: Provided, That the entire amount is designated
by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985, as amended.
FOOD SAFETY AND INSPECTION SERVICE
For an additional amount for ‘‘Food Safety and In-
spection Service’’, $15,000,000, to remain available until
September 30, 2003: Provided, That the entire amount is
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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.
NATURAL RESOURCES CONSERVATION SERVICE
WATERSHED AND FLOOD PREVENTION OPERATIONS
For an additional amount for ‘‘Watershed and Flood
Prevention Operations’’, for emergency recovery operations,
$100,000,000, to remain available until expended: Pro-
vided, That of this amount, $27,000,000 is designated by
the Congress as an emergency requirement pursuant to sec-
tion 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
RURAL COMMUNITY ADVANCEMENT PROGRAM
For an additional amount for ‘‘Rural Community Ad-
vancement Program’’ for emergency purposes for grants
and loans as authorized by 7 U.S.C. 381E(d)(2),
306(a)(14), and 306C, $25,000,000, with up to $5,000,000
for contracting with qualified organization(s) to conduct
vulnerability assessments for rural community water sys-
tems, to remain available until expended: Provided, That
the entire amount is designated by the Congress as an emer-
gency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of
1985, as amended.
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RURAL UTILITIES SERVICE
LOCAL TELEVISION LOAN GUARANTEE PROGRAM ACCOUNT
(INCLUDING RESCISSION)
Of funds made available under this heading for the
cost of guaranteed loans, including the cost of modifying
loans as defined in section 502 of the Congressional Budget
Act of 1974, $20,000,000 are rescinded.
For an additional amount for ‘‘Local Television Loan
Guarantee Program Account’’, $20,000,000, to remain
available until expended.
FOOD AND NUTRITION SERVICE
SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR
WOMEN, INFANTS, AND CHILDREN (WIC)
For an additional amount for ‘‘Special Supplemental
Nutrition Program for Women, Infants, and Children
(WIC)’’, $75,000,000, to remain available until September
30, 2003: Provided, That of the amounts provided in this
Act and any amounts available for reallocation in fiscal
year 2002, the Secretary shall reallocate funds under section
17(g)(2) of the Child Nutrition Act of 1966, as amended,
in the manner and under the formula the Secretary deems
necessary to respond to the effects of unemployment and
other conditions caused by the recession.
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FOOD STAMP PROGRAM
(RESCISSION)
Of funds which may be reserved by the Secretary for
allocation to State agencies under section 16(h)(1) of the
Food Stamp Act of 1977 to carry out the Employment and
Training program, $33,000,000 are rescinded and returned
to the Treasury.
GENERAL PROVISION, THIS CHAPTER
SEC. 101. ASSISTANCE
TO
AGRICULTURAL
PRO-
DUCERS THAT HAVE USED WATER FOR IRRIGATION FROM
RIO GRANDE RIVER. (a) IN GENERAL.—The Secretary of
Agriculture shall use $10,000,000 of the funds of the Com-
modity Credit Corporation to make a grant to the State
of Texas, acting through the Texas Department of Agri-
culture, to provide assistance to agricultural producers in
the State of Texas with farming operations along the Rio
Grande River that have suffered economic losses during the
2001 crop year due to the failure of Mexico to deliver water
to the United States in accordance with the Treaty Relating
to the Utilization of Waters of the Colorado and Tijuana
Rivers and of the Rio Grande, and Supplementary Protocol
signed November 14, 1944, signed at Washington on Feb-
ruary 3, 1944 (59 Stat. 1219; TS 944).
(b) AMOUNT.—The amount of assistance provided to
individual agricultural producers under this section shall
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be proportional to the amount of actual losses described in
subsection (a) that were incurred by the producers.
(c) EMERGENCY REQUIREMENT.—
(1) IN GENERAL.—The entire amount necessary
to carry out this section shall be available only to the
extent that an official budget request for the entire
amount, that includes designation of the entire
amount of the request as an emergency requirement
under the Balanced Budget and Emergency Deficit
Control Act of 1985 (2 U.S.C. 900 et seq.), is trans-
mitted by the President to Congress.
(2) DESIGNATION.—The entire amount necessary
to carry out this section is designated by Congress as
an emergency requirement pursuant to section
251(b)(2)(A) of that Act (2 U.S.C. 901(b)(2)(A)).
SEC. 102. Not later than 14 days after the date of en-
actment of this Act, the Secretary of Agriculture shall carry
out the transfer of funds under section 2507(a) of the Food
Security and Rural Investment Act of 2002 (Public Law
107–171).
SEC. 103. SENSE OF THE SENATE ON COMPENSATION
TO PRODUCERS OF POULTRY AFFECTED BY AVIAN INFLU-
ENZA. It is the Sense of the Senate that the Secretary of
Agriculture act expeditiously to provide compensation
through the Commodity Credit Corporation to producers of
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poultry that have been affected by outbreaks of avian influ-
enza in Virginia, West Virginia, and other States which
have resulted in the destruction of poultry flocks in order
to contain this disease.
SEC. 104. (a) FINDINGS.—(1) Of the 40 million people
living with HIV/AIDS, nearly 2.7 million are children
under 15, and 11.8 million are young people aged 15–24,
more than 540,000 children were infected in mother-to-child
transmission in 2000, and a baby born to an HIV-positive
mother has a 25 to 35 percent chance of becoming infected.
(2) Targeted provision of dairy products for HIV/
AIDS mitigation provides an economical and efficient
means to strengthen nutrition, ward off infectious diseases
and extend the lives of HIV-positive individuals.
(3) Good nutrition including dairy products is critical
to programs that provide and enhance anti-retroviral drugs
to prevent mother-to-child transmission of HIV/AIDS, and
nutrition experts recommend the use of dairy products with
anti-retroviral drugs to combat mother-to-child trans-
mission.
(4) In the diets of young children, growing adolescents
and pregnant women, milk has been proven to provide a
concentration of critical nutritional elements that promote
growth and robust health, and the National Institutes of
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Health (NIH) recommends that dairy products be used to
boost the nutrition of HIV-positive young children.
(5) It is imperative that attempts to improve the avail-
ability of dairy products to the HIV/AIDS afflicted do not
undermine the security and stability of the indigenous
dairy production and processing sector.
(6) The United States has more than 1 billion pounds
(450,000 metric tons) of surplus non-fat dry milk in storage
that has been acquired at an average cost of over 90 cents
per pound for a total cost approaching $1,000,000,000, and
storage costs are $1,500,000 per month and growing.
(7) This huge amount of milk overhangs the United
States and world markets and deteriorates rapidly, going
out of condition in about 3 years when it must be sold for
a salvage value of only a few cents per pound.
(8) The impacts of breast-feeding on mother-to-child
transmission remain controversial and appropriate inter-
ventions are not yet scientifically proven, especially in low-
income communities where appropriate alternatives are not
available and may be unsafe.
(9) There is a need for non-fat dry milk in inter-
national relief to use in human feeding programs that tar-
get the most vulnerable in society, particularly those af-
fected by HIV/AIDS.
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(b) SENSE OF THE SENATE.—It is the sense of the Sen-
ate that the Secretary of Agriculture should—
(1) utilize the existing 416(b) authority of the
Agricultural Act of 1949 to dispose of dairy surpluses
for direct feeding programs to mothers and children
living with HIV/AIDS and communities heavily im-
pacted by the HIV/AIDS pandemic;
(2) make available funds for the provision of
100,000 metric tons of surplus non-fat dry milk to
combat HIV/AIDS, with a special focus on HIV-posi-
tive mothers and children, to include ocean and in-
land transportation, accounting, monitoring and
evaluation expenses incurred by the Secretary of Agri-
culture, and expenses incurred by private and vol-
untary organizations and cooperatives related to mar-
ket assessments, project design, fortification, distribu-
tion, and other project expenses;
(3) give careful consideration to the local market
conditions before dairy products are donated or mone-
tized into a local economy, so as not to undermine the
security and stability of the indigenous dairy produc-
tion and processing sector; and
(4) Use none of these funds or commodities in
any programs that would substitute dairy products
for breast-feeding.
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SEC. 105. (a) RESCISSION.—The unobligated balance
of authority available under section 2108(a) of Public Law
107–20 is rescinded as of the date of the enactment of this
Act.
(b) APPROPRIATION.—There is appropriated to the
Secretary of Agriculture an amount equal to the unobli-
gated balance rescinded by subsection (a) for expenses
through fiscal year 2003 under the Agricultural Trade De-
velopment and Assistance Act of 1954, as amended (7
U.S.C. 1721–1726a) for commodities supplied in connection
with dispositions abroad pursuant to title II of said Act.
SEC. 106. Section 416(b)(7)(D)(iv) of the Agricultural
Act of 1949 (7 U.S.C. 1431(b)(7)(D)(iv)) is amended by
striking ‘‘subsection.’’ and inserting in lieu thereof the fol-
lowing: ‘‘subsection, or to otherwise carry out the purposes
of this subsection.’’.
SEC. 107. Notwithstanding any other provision of law
and effective on the date of enactment of this Act, the Sec-
retary may use an amount not to exceed $12,000,000 from
the amounts appropriated under the heading Food Safety
and Inspection Service under the Agriculture, Rural Devel-
opment, Food and Drug Administration, and Related Agen-
cies Appropriations Act of 2001 (Public Law 106–387) to
liquidate over-obligations and over-expenditures of the Food
Safety and Inspection Service incurred during previous fis-
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cal years, approved by the Director of the Office of Manage-
ment and Budget based on documentation provided by the
Secretary of Agriculture.
CHAPTER 2
DEPARTMENT OF JUSTICE
GENERAL ADMINISTRATION
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Ex-
penses’’ to respond to the September 11, 2001, terrorist at-
tacks on the United States, $12,750,000, to remain avail-
able until expended: Provided, That $10,750,000 is for the
planning, development, and deployment of an integrated
fingerprint identification system, including automated ca-
pability to transmit fingerprint and image data for the de-
sign, and for the development, testing, and deployment of
a standards-based, integrated, interoperable computer sys-
tem for the Immigration and Naturalization Service (‘‘Chi-
mera system’’), to be managed by Justice Management Di-
vision, as authorized by section 202 of H.R. 3525: Provided
further, That $2,000,000 is for the Principal Associate Dep-
uty Attorney General for Combating Terrorism: Provided
further, That $10,750,000 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, as amended.
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In addition, for the Office of Domestic Preparedness
to respond to the September 11, 2001, terrorist attacks on
the United States, $173,800,000, to remain available until
expended, for grants, cooperative agreements, and other as-
sistance authorized by sections 819 and 821 of the
Antiterrorism and Effective Death Penalty Act of 1996 and
sections 1014, 1015, and 1016 of the USA PATRIOT ACT
(Public Law 107–56), and for other counterterrorism pro-
grams: Provided, That no funds under this heading shall
be used to duplicate the Federal Emergency Management
Agency Fire Grant program: Provided further, That the en-
tire amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985,
as amended.
LEGAL ACTIVITIES
SALARIES AND EXPENSES, UNITED STATES ATTORNEYS
For an additional amount for ‘‘Salaries and Ex-
penses’’ for courtroom technology, $5,200,000: Provided,
That 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, as amended.
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SALARIES AND EXPENSES, UNITED STATES ATTORNEYS
(RESCISSION)
Of the amounts made available under this heading in
Public Law 107–77, $7,000,000 are rescinded.
SALARIES AND EXPENSES, UNITED STATES MARSHALS
SERVICE
(RESCISSION)
Of the amounts made available under this heading for
the Training Academy, $2,100,000 are rescinded.
ANTI-TERRORISM TASK FORCES
For expenses necessary for Anti-Terrorism Task
Forces, including salaries and expenses, operations, equip-
ment, and facilities, $45,000,000, to be derived from the
amounts made available for this purpose in Public Law
107–77 and Public Law 107–117.
JOINT TERRORISM TASK FORCES
For expenses necessary for Joint Terrorism Task
Forces, including salaries and expenses, operations, equip-
ment, and facilities, $113,235,000, to be derived from the
amounts made available for this purpose in Public Law
107–77 and Public Law 107–117.
FOREIGN TERRORIST TRACKING TASK FORCES
For expenses necessary for Foreign Terrorist Tracking
Task Forces, including salaries and expenses, operations,
equipment, and facilities, $10,000,000, to be derived from
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the amounts made available for this purpose in Public Law
107–77 and Public Law 107–117.
FEDERAL BUREAU OF INVESTIGATION
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Ex-
penses’’ for emergency expenses resulting from the Sep-
tember 11, 2001, terrorist attacks, $75,500,000, of which
$50,500,000 is for a cyber-security initiative: Provided,
That 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, as amended.
IMMIGRATION AND NATURALIZATION SERVICE
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Ex-
penses’’ for fleet management, $35,000,000: Provided, That
the entire amount is designated by the Congress as an emer-
gency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of
1985, as amended.
CONSTRUCTION
For an additional amount for ‘‘Construction’’ for
emergency expenses resulting from the September 11, 2001,
terrorist attacks, $84,000,000: Provided, That the entire
amount is designated by the Congress as an emergency re-
quirement pursuant to section 251(b)(2)(A) of the Balanced
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Budget and Emergency Deficit Control Act of 1985, as
amended.
FEDERAL PRISON SYSTEM
BUILDINGS AND FACILITIES
(RESCISSION)
Of the amounts made available under this heading in
Public Law 107–77 for buildings and facilities, $30,000,000
are rescinded.
OFFICE OF JUSTICE PROGRAMS
ELECTION REFORM GRANT PROGRAM
For an amount to establish the Election Reform Grant
Program, to provide assistance to States and localities in
improving election technology and the administration of
federal elections, $450,000,000, to remain available until
expended: Provided, That such amount shall not be avail-
able for obligation until the enactment of legislation that
establishes programs for improving the administration of
elections.
JUSTICE ASSISTANCE
(RESCISSION)
Of the amounts made available under this heading for
the Office of the Assistant Attorney General for Office of
Justice Programs, $2,000,000 are rescinded, and for the Of-
fice of Congressional and Public Affairs, $2,000,000 are re-
scinded.
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COMMUNITY ORIENTED POLICING SERVICES
For an amount to establish the Community Oriented
Policing Services’ Interoperable Communications Tech-
nology Program, for emergency expenses for activities re-
lated to combating terrorism by providing grants to States
and localities to improve communications within, and
among, law enforcement agencies, $85,000,000, to remain
available until expended: Provided, That 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, as amended.
DEPARTMENT OF COMMERCE AND RELATED
AGENCIES
DEPARTMENT OF COMMERCE
INTERNATIONAL TRADE ADMINISTRATION
OPERATIONS AND ADMINISTRATION
For an additional amount for ‘‘Operations and Ad-
ministration’’ for emergency expenses resulting from new
homeland security activities, $1,725,000: Provided, That the
entire amount is designated by the Congress as an emer-
gency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of
1985, as amended.
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EXPORT ADMINISTRATION
OPERATIONS AND ADMINISTRATION
For an additional amount for ‘‘Operations and Ad-
ministration’’ for emergency expenses resulting from new
homeland security activities, $8,700,000: Provided, That, of
the funds appropriated under this heading, such sums as
are necessary may be transferred to, and merged with, any
appropriations account to develop and implement secure
connectivity between Federal agencies and the Executive Of-
fice of the President: Provided further, That the entire
amount is designated by the Congress as an emergency re-
quirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as
amended.
BUREAU OF THE CENSUS
PERIODIC CENSUSES AND PROGRAMS
(RESCISSION)
Of the amounts made available under this heading in
prior fiscal years, excepting funds designated for the
Suitland Federal Center, $20,900,000 are rescinded.
NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY
SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES
For an additional amount for ‘‘Scientific and Tech-
nical Research and Services’’ for emergency expenses result-
ing from new homeland security activities and increased
security requirements, $84,600,000, of which $40,000,000 is
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for a cyber-security initiative: Provided, That the entire
amount is designated by the Congress as an emergency re-
quirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as
amended: Provided further, That of the amount appro-
priated under this heading, $500,000 shall be for the Center
for Identification Technology Research at the West Virginia
University for the purpose of developing interoperability
standards and an application profile for technology neu-
tral, portable, and data independent biometrics, in accord-
ance with section 403(c)(2) of The USA PATRIOT Act
(Public 
Law 
107–56) 
and 
sections 
201(c)(5) 
and
202(a)(4)(B) and title III of the Enhanced Border Security
and Visa Reform Act (Public Law 107–173), and the
amendments made by those provisions.
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
OPERATIONS, RESEARCH, AND FACILITIES
For an additional amount for ‘‘Operations, Research,
and Facilities’’ for emergency expenses resulting from home-
land security activities, $29,200,000, of which $23,400,000
is to address critical mapping and charting backlog re-
quirements, $3,000,000 is to enhance the National Water
Level Observation Network and $2,800,000 is for backup
capability for National Oceanic and Atmospheric Adminis-
tration critical satellite products and services, to remain
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available until September 30, 2003: Provided, That
$2,800,000 is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985,
as amended.
PROCUREMENT, ACQUISITION AND CONSTRUCTION
(INCLUDING RESCISSION)
For an additional amount for ‘‘Procurement, Acquisi-
tion and Construction’’ for emergency expenses resulting
from homeland security activities, $7,200,000 for a super-
computer backup, to remain available until September 30,
2003: Provided, That the entire amount is designated by
the Congress as an emergency requirement pursuant to sec-
tion 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
Of the amounts made available under this heading for
the National Polar-Orbiting Operational Environmental
Satellite System, $8,100,000 are rescinded.
FISHERIES FINANCE PROGRAM ACCOUNT
Funds provided under the heading, ‘‘Fisheries Finance
Program Account’’, National Oceanic and Atmospheric Ad-
ministration, Department of Commerce, for the direct loan
program authorized by the Merchant Marine Act of 1936,
as amended, are available to subsidize gross obligations for
the principal amount of direct loans not to exceed
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$5,000,000 for Individual Fishing Quota loans, and not to
exceed $19,000,000 for Traditional loans.
DEPARTMENTAL MANAGEMENT
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Ex-
penses’’ for emergency expenses resulting from new home-
land security activities, $400,000: Provided, That the entire
amount is designated by the Congress as an emergency re-
quirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as
amended.
THE JUDICIARY
SUPREME COURT OF THE UNITED STATES
CARE OF THE BUILDING AND GROUNDS
For an additional amount for ‘‘Care of the Building
and Grounds’’ for emergency expenses for security upgrades
and 
renovations 
of 
the 
Supreme 
Court 
building,
$10,000,000: Provided, That the entire amount is des-
ignated by the Congress as an emergency requirement pur-
suant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
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COURTS OF APPEALS, DISTRICT COURTS, AND OTHER
JUDICIAL SERVICES
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Ex-
penses’’ for emergency expenses to enhance security and to
provide for extraordinary trial related costs, $9,684,000, to
remain available until expended: Provided, That the entire
amount is designated by the Congress as an emergency re-
quirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as
amended.
DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
ADMINISTRATION OF FOREIGN AFFAIRS
DIPLOMATIC AND CONSULAR PROGRAMS
For an additional amount for ‘‘Diplomatic and Con-
sular Programs,’’ for emergency expenses for activities re-
lated to combating international terrorism, $38,300,000, of
which $20,300,000 shall remain available until September
30, 2003: Provided, That funds appropriated by this para-
graph shall be available notwithstanding section 15 of the
State Department Basic Authorities Act of 1956, as amend-
ed: Provided further, That the entire amount is designated
by the Congress as an emergency requirement pursuant to
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section 251(b)(2)(A) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985, as amended.
EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS
For an additional amount for ‘‘Educational and Cul-
tural Exchange Programs’’, for emergency expenses for ac-
tivities related to combating international terrorism,
$9,000,000: Provided, That funds appropriated by this
paragraph shall be available notwithstanding section 15 of
the State Department Basic Authorities Act of 1956, as
amended: Provided further, That the entire amount is des-
ignated by the Congress as an emergency requirement pur-
suant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE
For an additional amount for ‘‘Embassy Security,
Construction, and Maintenance’’, for emergency expenses
for activities related to combating international terrorism,
$210,516,000, to remain available until expended: Pro-
vided, That $210,516,000 shall be available notwith-
standing section 15 of the State Department Basic Authori-
ties Act of 1956, as amended: Provided further, That the
entire amount is designated by the Congress as an emer-
gency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of
1985, as amended.
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INTERNATIONAL ORGANIZATIONS AND CONFERENCES
CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS
For an additional amount for ‘‘Contributions to Inter-
national Organizations’’, for emergency expenses for activi-
ties 
related 
to 
combating 
international 
terrorism,
$7,000,000, to remain available until September 30, 2003:
Provided, That funds appropriated by this paragraph shall
be available notwithstanding section 15 of the State Depart-
ment Basic Authorities Act of 1956, as amended: Provided
further, That the entire amount is designated by the Con-
gress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Def-
icit Control Act of 1985, as amended.
CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING
ACTIVITIES
(RESCISSION)
Of the amounts made available under this heading,
$48,000,000 are rescinded from prior year appropriations.
RELATED AGENCY
BROADCASTING BOARD OF GOVERNORS
INTERNATIONAL BROADCASTING OPERATIONS
For an additional amount for ‘‘International Broad-
casting Operations’’, for emergency expenses for activities
related to combating international terrorism, $7,400,000, to
remain available until September 30, 2003: Provided, That
funds appropriated by this paragraph shall be available
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notwithstanding section 15 of the State Department Basic
Authorities Act of 1956, as amended: Provided further, That
the entire amount is designated by the Congress as an emer-
gency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of
1985, as amended.
RELATED AGENCIES
SECURITIES AND EXCHANGE COMMISSION
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Ex-
penses’’ to respond to the September 11, 2001, terrorist at-
tacks on the United States and for other purposes,
$29,300,000, to remain available until expended: Provided,
That $9,300,000 is designated by the Congress as an emer-
gency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of
1985, as amended.
GENERAL PROVISIONS, THIS CHAPTER
SEC. 201. Title II of Public Law 107–77 is amended
in the second undesignated paragraph under the heading
‘‘Department of Commerce, National Institute of Standards
and Technology, Industrial Technology Services’’ by strik-
ing ‘‘not to exceed $60,700,000 shall be available for the
award of new grants’’ and inserting ‘‘not less than
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$60,700,000 shall be used before October 1, 2002 for the
award of new grants’’.
SEC. 202. None of the funds appropriated or otherwise
made available by this Act or any other Act may be used
to implement, enforce, or otherwise abide by the Memo-
randum of Agreement signed by the Federal Trade Commis-
sion and the Antitrust Division of the Department of Jus-
tice on March 5, 2002.
SEC. 203. (a) Section 504 of title 28, United States
Code, is amended by inserting after ‘‘General’’ the fol-
lowing: ‘‘and a Principal Associate Deputy Attorney Gen-
eral for Combating Terrorism’’.
(b) The Section heading for section 504 of title 28,
United States Code, is amended by inserting after ‘‘Gen-
eral’’ the following: ‘‘and Principal Associate Deputy Attor-
ney General for Combating Terrorism’’.
(c) The Principal Associate Deputy Attorney General
for Combating Terrorism (appointed under section 504 of
title 28, United States Code, as amended by subsection (a))
shall—
(1) serve as the principal adviser to the Attorney
General and the Deputy Attorney General for com-
bating terrorism, counterterrorism, and antiterrorism
policy;
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(2) have responsibility for coordinating all func-
tions within the Department of Justice relating to
combating domestic terrorism, subject to paragraph
(5), including—
(A) policies, plans, and oversight, as they
relate to combating terrorism, counterterrorism,
and antiterrorism activities;
(B) State and local preparedness for ter-
rorist events;
(C) contingency operations within the De-
partment of Justice; and
(D) critical infrastructure;
(3) coordinate—
(A) all inter-agency interface between the
Department of Justice and other departments,
agencies, and entities of the United States, in-
cluding State and local organizations, engaged
in combating terrorism, counterterrorism, and
antiterrorism activities; and
(B) the implementation of the Department
of Justice’s strategy for combating terrorism by
State and local law enforcement with respon-
sibilities for combating domestic terrorism;
(4) recommend changes in the organization and
management of the Department of Justice and State
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and local entities engaged in combating domestic ter-
rorism to the Attorney General and Deputy Attorney
General; and
(5) serve in an advisory capacity to the Attorney
General and Deputy Attorney General on matters
pertaining to the allocation of resources for combating
terrorism.
(d) The allocation of resources for combating terrorism
shall remain under the purview of the current Deputy At-
torney General. Any changes in the allocation of resources
will continue to be approved by the current Deputy Attor-
ney General using the current procedures of the Department
of Justice.
(e) Effective upon enactment of this Act, there is trans-
ferred to the Principal Associate Deputy Attorney General
for Combating Terrorism all authorities, liabilities, fund-
ing, personnel, equipment, and real property employed or
used by, or associated with, the Office of Domestic Pre-
paredness, the National Domestic Preparedness Office, the
Executive Office of National Security, and such appro-
priate components of the Office of Intelligence Policy and
Review and the National Institute of Justice as relate to
combating terrorism, counterterrorism, and antiterrorism
activities.