171
(1) subject to subsection (b), the Chief Admin-
istrative Officer of the House of Representatives and
the head of an Executive Agency (as defined in sec-
tion 105 of title 5, United States Code) may enter
into a memorandum of understanding under which
the Agency may provide facilities, equipment, sup-
plies, personnel, and other support services for the
use of the House of Representatives during an emer-
gency situation; and
(2) the Chief Administrative Officer and the
head of the Agency may take any action necessary
to carry out the terms of the memorandum of under-
standing.
(b) The Chief Administrative Officer of the House of
Representatives may not enter into a memorandum of un-
derstanding described in subsection (a)(1) without the ap-
proval of the Speaker of the House of Representatives.
(c) This section shall apply with respect to fiscal year
2002 and each succeeding fiscal year.
OTHER LEGISLATIVE BRANCH
ADMINISTRATIVE PROVISIONS
SEC. 803. (a) Section 1(c) of Public Law 96–152 (40
U.S.C. 206–1) is amended by striking ‘‘but not to exceed’’
and all that follows and inserting the following: ‘‘but not
to exceed $2,500 less than the lesser of the annual salary
172
for the Sergeant at Arms of the House of Representatives
or the annual salary for the Sergeant at Arms and Door-
keeper of the Senate.’’.
(b) The Assistant Chief of the Capitol Police shall
receive compensation at a rate determined by the Capitol
Police Board, but not to exceed $1,000 less than the an-
nual salary for the chief of the United States Capitol Po-
lice.
(c) This section and the amendment made by this sec-
tion shall apply with respect to pay periods beginning on
or after the date of the enactment of this Act.
SEC. 804. In addition to the authority provided under
section 121 of the Legislative Branch Appropriations Act,
2002, at any time on or after the date of the enactment
of this Act, the Capitol Police Board may accept contribu-
tions of recreational, comfort, and other incidental items
and services to support officers and employees of the
United States Capitol Police while such officers and em-
ployees are on duty in response to emergencies involving
the safety of human life or the protection of property.
SEC. 805. (a) Section 9 of the Act of July 31, 1946
(40 U.S.C. 212a) is amended by adding at the end the
following new subsection:
‘‘(c)(1) For purposes of this section, ‘the United
States Capitol Buildings and Grounds’ shall include all
173
buildings and grounds of the United States Botanic Gar-
den, including the National Garden and Bartholdi Park.
‘‘(2) For purposes of this section, the Joint Com-
mittee on the Library may suspend the application of sec-
tion 4 of this Act to the buildings and grounds described
in paragraph (1) in order to promote the interests of the
United States Botanic Garden.’’.
(b) The amendment made by subsection (a) shall
apply with respect to fiscal year 2002 and each succeeding
fiscal year.
SEC. 806. (a) ASSISTANCE FOR CAPITOL POLICE
FROM EXECUTIVE DEPARTMENTS AND AGENCIES.—Not-
withstanding any other provision of law, Executive depart-
ments and Executive agencies may assist the United
States Capitol Police in the same manner and to the same
extent as such departments and agencies assist the United
States Secret Service under section 6 of the Presidential
Protection Assistance Act of 1976 (18 U.S.C. 3056 note),
except as may otherwise be provided in this section.
(b) TERMS OF ASSISTANCE.—Assistance under this
section shall be provided—
(1) consistent with the authority of the Capitol
Police under sections 9 and 9A of the Act of July
31, 1946 (40 U.S.C. 212a and 212a–2);
(2) upon the advance written request of—
174
(A) the Chairman of the Capitol Police
Board; or
(B) in the absence of the Chairman of the
Capitol Police Board—
(i) the Sergeant at Arms and Door-
keeper of the Senate, in the case of any
matter relating to the Senate; or
(ii) the Sergeant at Arms of the
House of Representatives, in the case of
any matter relating to the House; and
(3) either—
(A) on a temporary and reimbursable
basis; or
(B) on a permanent reimbursable basis
upon advance written request of the Chairman
of the Capitol Police Board.
(c) REPORTS
ON
EXPENDITURES
FOR
ASSIST-
ANCE.—
(1) REPORTS.—With respect to any fiscal year
in which an Executive department or Executive
agency provides assistance under this section, the
head of that department or agency shall submit a re-
port not later than 30 days after the end of the fis-
cal year to the Chairman of the Capitol Police
Board.
175
(2) CONTENTS.—The report submitted under
paragraph (1) shall contain a detailed account of all
expenditures made by the Executive department or
Executive agency in providing assistance under this
section during the applicable fiscal year.
(3) SUMMARY OF REPORTS.—After receipt of
all reports under paragraph (2) with respect to any
fiscal year, the Chairman of the Capitol Police
Board shall submit a summary of such reports to
the Committees on Appropriations of the Senate and
the House of Representatives.
(d) EFFECTIVE DATE.—This section shall apply with
respect to fiscal year 2002 and each succeeding fiscal year.
SEC. 807. (a) Notwithstanding any other provision
of law, the United States Capitol Preservation Commis-
sion established under section 801 of the Arizona-Idaho
Conservation Act of 1988 (40 U.S.C. 188a) may transfer
to the Architect of the Capitol amounts in the Capitol
Preservation Fund established under section 803 of such
Act (40 U.S.C. 188a–2) if the amounts are to be used
by the Architect for the planning, engineering, design, or
construction of the Capitol Visitor Center.
(b) Any amounts transferred pursuant to subsection
(a) shall remain available for the use of the Architect of
the Capitol until expended.
176
(c) This section shall apply with respect to fiscal year
2002 and each succeeding fiscal year.
SEC. 808. (a) Section 1 of Public Law 93–180 (40
U.S.C. 166d) is amended—
(1) by striking ‘‘secure, through rental, lease, or
other appropriate agreement, storage space’’ and in-
serting ‘‘acquire, through purchase, lease, or other
appropriate arrangement, property or space’’;
(2) by inserting ‘‘the United States Capitol Po-
lice,’’ after ‘‘Representatives,’’; and
(3) by striking ‘‘as such Commission and com-
mittee may authorize’’ and inserting ‘‘as the Archi-
tect deems reasonable and appropriate’’.
(b) Nothing in the amendment made by subsection
(a) may be construed to affect the authority provided to
the Architect of the Capitol under section 128 of the Leg-
islative Branch Appropriations Act, 2002, to secure the
property described in such section.
(c) The amendment made by subsection (a) shall
apply with respect to fiscal year 2002 and each succeeding
fiscal year.
SEC. 809. (a) Public Law 107–68 is amended in the
item relating to ‘‘ARCHITECT OF THE CAPITOL—
CAPITOL VISITOR CENTER’’—
(1) by striking ‘‘unassigned space in the’’;
177
(2) by striking ‘‘for House space’’; and
(3) by striking ‘‘for Senate space’’.
(b) The amendment made by subsection (a) shall take
effect as if included in the enactment of Public Law 107–
68.
SEC. 810. (a) In accordance with the authority de-
scribed in section 308(a) of the Legislative Branch Appro-
priations Act, 1988 (40 U.S.C. 166b–3a(a)), section 108
of the Legislative Branch Appropriations Act, 1991 (40
U.S.C. 166b–3b), as amended by section 129(c)(1) of the
Legislative Branch Appropriations Act, 2002, is amended
by adding at the end the following new subsection:
‘‘(c) The Architect of the Capitol may fix the rate
of basic pay for not more than 4 positions for Executive
Project Directors whose salary is payable from project
funds, at a rate not to exceed 95 percent of the highest
total rate of pay for the Senior Executive Service under
subchapter VIII of chapter 53 of title 5, United States
Code, for the locality involved.’’.
(b) The amendment made by subsection (a) shall
apply with respect to pay periods beginning on or after
October 1, 2001.
SEC. 811. (a) Public Law 107–68 is amended by add-
ing at the end the following:
178
‘‘This Act may be cited as the ‘Legislative Branch
Appropriations Act, 2002’.’’.
(b) The amendment made by subsection (a) shall take
effect as if included in the enactment of Public Law 107–
68.
CHAPTER 9
DEPARTMENT OF DEFENSE
MILITARY CONSTRUCTION
MILITARY CONSTRUCTION, ARMY
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Mili-
tary Construction, Army’’, $55,700,000, to remain avail-
able until expended: Provided, That these funds shall be
obligated from amounts made available in Public Law
107–38.
MILITARY CONSTRUCTION, NAVY
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Mili-
tary Construction, Navy’’, $2,000,000, to remain available
until expended: Provided, That these funds shall be obli-
gated from amounts made available in Public Law 107–
38.
MILITARY CONSTRUCTION, AIR FORCE
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Mili-
179
tary Construction, Air Force’’, $47,700,000, to remain
available until expended: Provided, That these funds shall
be obligated from amounts made available in Public Law
107–38.
GENERAL PROVISIONS—THIS CHAPTER
(INCLUDING TRANSFER OF FUNDS)
SEC. 901. The Secretary of Defense may transfer to
the ‘‘Defense Emergency Response Fund’’ amounts appro-
priated in Military Construction Appropriations Acts only
if the Secretary makes a determination that amounts in
the Fund are insufficient to carry out needed military con-
struction projects. In exercising the transfer authority pro-
vided by this section, the Secretary of Defense shall first
transfer unobligated balances remaining from fiscal year
2001 and earlier fiscal years before transferring any
amounts appropriated in the Military Construction Appro-
priations Act, 2002. Amounts so transferred shall be avail-
able solely for military construction projects, including ac-
tivities described in section 2802(b) of title 10, United
States Code. At least 10 days prior to each such transfer,
the Secretary of Defense shall notify the appropriate de-
fense committees, shall provide an accompanying form
1391, and shall describe the source of funds from which
the transfer is derived.
180
SEC. 902. Amounts made available to the Depart-
ment of Defense from funds appropriated in Public Law
107–38 and this Act may be used to carry out military
construction projects not otherwise authorized by law that
the Secretary of Defense determines are necessary to re-
spond to or protect against acts or threatened acts of ter-
rorism. At least 10 days prior to carrying out such mili-
tary construction project, the Secretary shall notify the
appropriate defense committees and shall provide an ac-
companying form 1391.
CHAPTER 10
DEPARTMENT OF TRANSPORTATION
OFFICE OF THE SECRETARY
SALARIES AND EXPENSES
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Sal-
aries and Expenses’’, $458,000, to remain available until
expended, to be obligated from amounts made available
in Public Law 107–38.
TRANSPORTATION SECURITY ADMINISTRATION
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for the
‘‘Transportation Security Administration’’, $15,000,000,
to remain available until September 30, 2002, to be obli-
gated from amounts made available in Public Law 107–
181
38: Provided, That obligation of funds under this heading
is subject to enactment of legislation authorizing the es-
tablishment of such office.
AIRCRAFT PASSENGER AND BAGGAGE SCREENING
ACTIVITIES
For necessary expenses of the Secretary of Transpor-
tation to carry out responsibilities for the screening of pas-
sengers and property on passenger aircraft in air trans-
portation that originates in the United States or intrastate
air transportation that, on September 11, 2001, was per-
formed by an employee or agent of an air carrier, intra-
state air carrier, or foreign air carrier, $1,000,000,000
(increased by $250,000,000), to remain available until ex-
pended: Provided, That none of the funds under this head-
ing may be obligated or expended until enactment of legis-
lation authorizing: (1) the conduct of such activities,
whether by contract, grant, or direct federal personnel, by
an organization within the Department of Transportation
other than the Federal Aviation Administration; (2) the
collection of passenger and baggage screening user fees
designed to offset the cost of these activities; and (3) the
crediting of the fees as offsetting collections to the account
financing the activities and services for which the fee is
imposed: Provided further, That the sum herein appro-
priated shall be reduced, on a dollar for dollar basis, as