297
HR 3338 RS
SEC. 8120. Notwithstanding any provisions of the
Southern Nevada Public Land Management Act of 1998,
Public Law 105–263, or the land use planning provision
of Section 202 of the Federal Land Policy and Management
Act of 1976, Public Law 94–579, or of any other law to
the contrary, the Secretary of the Interior may acquire non-
federal lands adjacent to Nellis Air Force Base, through a
land exchange in Nevada, to ensure the continued safe oper-
ation of live ordnance departure areas at Nellis Air Force
Base, Las Vegas, Nevada. The Secretary of the Air Force
shall identify up to 220 acres of non-federal lands needed
to ensure the continued safe operation of the live ordnance
departure areas at Nellis Air Force Base. Any such identi-
fied property acquired by exchange by the Secretary of the
Interior shall be transferred by the Secretary of the Interior
to the jurisdiction, custody, and control of the Secretary of
the Air Force to be managed as a part of Nellis Air Force
Base. To the extent the Secretary of the Interior is unable
to acquire non-federal lands by exchange, the Secretary of
the Air Force is authorized to purchase those lands at fair
market value subject to available appropriations.
SEC. 8121. Of the amounts appropriated in this Act
under the heading, ‘‘Shipbuilding and Conversion, Navy’’,
$725,000,000 shall be available until September 30, 2002,
to fund prior year shipbuilding cost increases: Provided,
298
HR 3338 RS
That upon enactment of this Act, the Secretary of the Navy
shall transfer such funds to the following appropriations in
the amounts specified: Provided further, That the amounts
transferred shall be merged with and be available for the
same purposes as the appropriations to which transferred:
To:
Under the heading, ‘‘Shipbuilding and Con-
version, Navy, 1995/2002’’:
Carrier 
Replacement 
Program,
$172,364,000;
Under the heading, ‘‘Shipbuilding and Con-
version, Navy, 1996/2002’’:
LPD–17 Amphibious Transport Dock
Ship Program, $172,989,000;
Under the heading, ‘‘Shipbuilding and Con-
version, Navy, 1997/2002’’:
DDG–51 
Destroyer 
Program,
$37,200,000;
Under the heading, ‘‘Shipbuilding and Con-
version, Navy, 1998/2002’’:
NSSN Program, $168,561,000;
DDG–51 
Destroyer 
Program,
$111,457,000;
Under the heading, ‘‘Shipbuilding and Con-
version, Navy, 1999/2002’’:
299
HR 3338 RS
NSSN Program, $62,429,000.
(TRANSFER OF FUNDS)
SEC. 8122. Upon enactment of this Act, the Secretary
of the Navy shall make the following transfers of funds: Pro-
vided, That the amounts transferred shall be available for
the same purposes as the appropriations to which trans-
ferred, and for the same time period as the appropriation
from which transferred: Provided further, That the amounts
shall be transferred between the following appropriations in
the amount specified:
From:
Under the heading, ‘‘Shipbuilding and Con-
version, Navy, 1990/2002’’:
TRIDENT ballistic missile submarine
program, $78,000;
SSN–21 attack submarine program,
$66,000;
DDG–51 
destroyer 
program,
$6,100,000;
ENTERPRISE refueling moderniza-
tion program, $964,000;
LSD–41 dock landing ship cargo vari-
ant ship program, $237,000;
MCM mine countermeasures program,
$118,000;
300
HR 3338 RS
Oceanographic 
ship 
program,
$2,317,000;
AOE combat support ship program,
$164,000;
AO conversion program, $56,000;
Coast Guard icebreaker ship program,
$863,000;
Craft, outfitting, post delivery, and
ship special support equipment, $529,000;
To:
Under the heading, ‘‘Shipbuilding and Con-
version, Navy, 1998/2002’’:
DDG–51 
destroyer 
program,
$11,492,000;
From:
Under the heading, ‘‘Shipbuilding and Con-
version, Navy, 1993/2002’’:
DDG–51 
destroyer 
program,
$3,986,000;
LHD–1 amphibious assault ship pro-
gram, $85,000;
LSD–41 dock landing ship cargo vari-
ant program, $428,000;
AOE combat support ship program,
$516,000;
301
HR 3338 RS
Craft, outfitting, post delivery, and
first destination transportation, and infla-
tion adjustments, $1,034,000;
To:
Under the heading, ‘‘Shipbuilding, and
Conversion, Navy, 1998/2002’’:
DDG–51 
destroyer 
program,
$6,049,000;
From:
Under the heading, ‘‘Other Procurement,
Navy, 2001/2003’’:
Shallow Water MCM, $16,248,000;
To:
Under the heading, ‘‘Shipbuilding and Con-
version, Navy, 2001/2005’’:
Submarine Refuelings, $16,248,000.
SEC. 8123. (a) The Secretary of Defense shall convey
to Gwitchyaa Zhee Corporation the lands withdrawn by
Public Land Order No. 1996, Lot 1 of United States Survey
7008, Public Land Order No. 1396, a portion of Lot 3 of
United States Survey 7161, lands reserved pursuant to the
instructions set forth at page 513 of volume 44 of the Inte-
rior Land Decisions issued January 13, 1916, Lot 13 of
United States Survey 7161, Lot 1 of United States Survey
7008 described in Public Land Order No. 1996, and Lot
302
HR 3338 RS
13 of the United States Survey 7161 reserved pursuant to
the instructions set forth at page 513 of volume 44 of the
Interior Land Decisions issued January 13, 1916.
(b) Following site restoration and survey by the De-
partment of the Air Force that portion of Lot 3 of United
States Survey 7161 withdrawn by Public Land Order No.
1396 and no longer needed by the Air Force shall be con-
veyed to Gwitchyaa Zhee Corporation.
SEC. 8124. The Secretary of the Navy may settle, or
compromise, and pay any and all admiralty claims under
10 U.S.C. 7622 arising out of the collision involving the
USS GREENEVILLE and the EHIME MARU, in any
amount and without regard to the monetary limitations in
subsections (a) and (b) of that section: Provided, That such
payments shall be made from funds available to the Depart-
ment of the Navy for operation and maintenance.
SEC. 8125. (a) Not later than February 1, 2002, the
Secretary of Defense shall report to the congressional defense
committees on the status of the safety and security of muni-
tions shipments that use commercial trucking carriers with-
in the United States.
(b) REPORT ELEMENTS.—The report under subsection
(a) shall include the following:
(1) An assessment of the Department of Defense’s
policies and practices for conducting background in-
303
HR 3338 RS
vestigations of current and prospective drivers of mu-
nitions shipments.
(2) A description of current requirements for
periodic safety and security reviews of commercial
trucking carriers that carry munitions.
(3) A review of the Department of Defense’s ef-
forts to establish uniform safety and security stand-
ards for cargo terminals not operated by the Depart-
ment that store munitions shipments.
(4) An assessment of current capabilities to pro-
vide for escort security vehicles for shipments that
contain dangerous munitions or sensitive technology,
or pass through high-risk areas.
(5) A description of current requirements for de-
pots and other defense facilities to remain open out-
side normal operating hours to receive munitions
shipments.
(6) Legislative proposals, if any, to correct defi-
ciencies identified by the Department of Defense in
the report under subsection (a).
(c) Not later than six months after enactment of this
Act, the Secretary shall report to Congress on safety and
security procedures used for U.S. munitions shipments in
European NATO countries, and provide recommendations
304
HR 3338 RS
on what procedures or technologies used in those countries
should be adopted for shipments in the United States.
SEC. 8126. In addition to the amounts appropriated
or otherwise made available elsewhere in this Act for the
Department of Defense, $15,000,000, to remain available
until September 30, 2002 is hereby appropriated to the De-
partment of Defense: Provided, That the Secretary of De-
fense shall make a grant in the amount of $15,000,000 to
the Padgett Thomas Barracks in Charleston, South Caro-
lina.
SEC. 8127. (a) DESIGNATED SPECIAL EVENTS OF NA-
TIONAL SIGNIFICANCE.—
(1) Notwithstanding any other provision of law,
at events determined by the President to be special
events of national significance for which the United
States Secret Service is authorized pursuant to Sec-
tion 3056(e)(1), title 18, United States Code, to plan,
coordinate, and implement security operations, the
Secretary of Defense, after consultation with the Sec-
retary of the Treasury, shall provide assistance on a
temporary basis without reimbursement in support of
the United States Secret Service’s duties related to
such designated events.
(2) Assistance under this subsection shall be pro-
vided in accordance with an agreement that shall be
305
HR 3338 RS
entered into by the Secretary of Defense and the Sec-
retary of the Treasury within 120 days of the enact-
ment of this Act.
(b) REPORT ON ASSISTANCE.—Not later than January
30 of each year following a year in which the Secretary
of Defense provides assistance under this section, the Sec-
retary shall submit to Congress a report on the assistance
provided. The report shall set forth—
(1) a description of the assistance provided; and
(2) the amount expended by the Department in
providing the assistance.
(c) RELATIONSHIP TO OTHER LAWS.—The assistance
provided under this section shall not be subject to the provi-
sions of sections 375 and 376 of this title.
SEC. 8128. MULTI-YEAR AIRCRAFT LEASE PILOT
PROGRAM. (a) The Secretary of the Air Force may, from
funds provided in this Act or any future appropriations
Act, establish a multi-year pilot program for leasing general
purpose Boeing 767 aircraft in commercial configuration.
(b) Sections 2401 and 2401a of title 10, United States
Code, shall not apply to any aircraft lease authorized by
this section.
(c) Under the aircraft lease Pilot Program authorized
by this section:
306
HR 3338 RS
(1) The Secretary may include terms and condi-
tions in lease agreements that are customary in air-
craft leases by a non-Government lessor to a non-Gov-
ernment lessee, but only those that are not incon-
sistent with any of the terms and conditions man-
dated herein.
(2) The term of any individual lease agreement
into which the Secretary enters under this section
shall not exceed 10 years, inclusive of any options to
renew or extend the initial lease term.
(3) The Secretary may provide for special pay-
ments in a lessor if the Secretary terminates or can-
cels the lease prior to the expiration of its term. Such
special payments shall not exceed an amount equal to
the value of one year’s lease payment under the lease.
(4) Subchapter IV of chapter 15 of Title 31,
United States Code shall apply to the lease trans-
actions under this section, except that the limitation
in section 1553(b)(2) shall not apply.
(5) The Secretary shall lease aircraft under
terms and conditions consistent with this section and
consistent with the criteria for an operating lease as
defined in OMB Circular A–11, as in effect at the
time of the lease.
307
HR 3338 RS
(6) Lease arrangements authorized by this sec-
tion may not commence until:
(A) The Secretary submits a report to the
congressional defense committees outlining the
plans for implementing the Pilot Program. The
report shall describe the terms and conditions of
proposed contracts and describe the expected sav-
ings, if any, comparing total costs, including op-
eration, support, acquisition, and financing, of
the lease, including modification, with the out-
right purchase of the aircraft as modified.
(B) A period of not less than 30 calendar
days has elapsed after submitting the report.
(7) Not later than 1 year after the date on which
the first aircraft is delivered under this Pilot Pro-
gram, and yearly thereafter on the anniversary of the
first delivery, the Secretary shall submit a report to
the congressional defense committees describing the
status of the Pilot Program. The Report will be based
on at least 6 months of experience in operating the
Pilot Program.
(8) The Air Force shall accept delivery of the
aircraft in a general purpose configuration.
(9) At the conclusion of the lease term, each air-
craft obtained under that lease may be returned to the
308
HR 3338 RS
contractor in the same configuration in which the
aircraft was delivered.
(10) The present value of the total payments over
the duration of each lease entered into under this au-
thority shall not exceed 90 percent of the fair market
value of the aircraft obtained under that lease.
(d) No lease entered into under this authority shall
provide for—
(1) the modification of the general purpose air-
craft from the commercial configuration, unless and
until separate authority for such conversion is en-
acted and only to the extent budget authority is pro-
vided in advance in appropriations Acts for that pur-
pose; or
(2) the purchase of the aircraft by, or the trans-
fer of ownership to, the Air Force.
(e) The authority granted to the Secretary of the Air
Force by this section is separate from and in addition to,
and shall not be construed to impair or otherwise affect,
the authority of the Secretary to procure transportation or
enter into leases under a provision of law other than this
section.
(f) The authority provided under this section may be
used to lease not more than a total of one hundred aircraft
for the purposes specified herein.
309
HR 3338 RS
SEC. 8129. From within amounts made available in
the Title II of this Act, under the heading ‘‘Operation and
Maintenance, Army National Guard’’, and notwithstanding
any other provision of law, $2,500,000 shall be available
only for repairs and safety improvements to the segment
of Camp McCain Road which extends from Highway 8
south toward the boundary of Camp McCain, Mississippi
and originating intersection of Camp McCain Road; and
for repairs and safety improvements to the segment of
Greensboro Road which connects the Administration Offices
of Camp McCain to the Troutt Rifle Range: Provided, That
these funds shall remain available until expended: Provided
further, That the authorized scope of work includes, but is
not limited to, environmental documentation and mitiga-
tion, engineering and design, improving safety, resurfacing,
widening lanes, enhancing shoulders, and replacing signs
and pavement markings.
SEC. 8130. From funds made available under Title II
of this Act, the Secretary of the Army may make available
a grant of $3,000,000 to the Chicago Park District for ren-
ovation of the Broadway Armory, a former National Guard
facility in the Edgewater community in Chicago.
SEC. 8131. Notwithstanding any other provision of
law, none of the funds in this Act may be used to alter
specifications for insulation to be used on U.S. naval ships
310
HR 3338 RS
or for the procurement of insulation materials different
from those in use as of November 1, 2001, until the Depart-
ment of Defense certifies to the Appropriations Committees
that the proposed specification changes or proposed new in-
sulation materials will be as safe, provide no increase in
weight, and will not increase maintenance requirements
when compared to the insulation material currently used.
SEC. 8132. The provisions of S. 746 of the 107th Con-
gress, as reported to the Senate on September 21, 2001, are
hereby enacted into law.
SEC. 8133. (a)(1) Chapter 131 of title 10, United
States Code, is amended by adding at the end the following
new section:
‘‘§ 2228. Department of Defense strategic loan and
loan guaranty program
‘‘(a) AUTHORITY.—The Secretary of Defense may
carry out a program to make direct loans and guarantee
loans for the purpose of supporting the attainment of the
objectives set forth in subsection (b).
‘‘(b) OBJECTIVES.—The Secretary may, under the pro-
gram, make a direct loan to an applicant or guarantee the
payment of the principal and interest of a loan made to
an applicant upon the Secretary’s determination that the
applicant’s use of the proceeds of the loan will support the
attainment of any of the following objectives:
311
HR 3338 RS
‘‘(1) Sustain the readiness of the United States
to carry out the national security objectives of the
United States through the guarantee of steady domes-
tic production of items necessary for low intensity
conflicts to counter terrorism or other imminent
threats to the national security of the United States.
‘‘(2) Sustain the economic stability of strategi-
cally important domestic sectors of the defense indus-
try that manufacture or construct products for low-
intensity conflicts and counter terrorism to respond to
attacks on United States national security and to
protect potential United States civilian and military
targets from attack.
‘‘(3) Sustain the production and use of systems
that are critical for the exploration and development
of new domestic energy sources for the United States.
‘‘(c) CONDITIONS.—A loan made or guaranteed under
the program shall meet the following requirements:
‘‘(1) The period for repayment of the loan may
not exceed five years.
‘‘(2) The loan shall be secured by primary collat-
eral that is sufficient to pay the total amount of the
unpaid principal and interest of the loan in the event
of default.
312
HR 3338 RS
‘‘(d) EVALUATION OF COST.—As part of the consider-
ation of each application for a loan or for a guarantee of
the loan under the program, the Secretary shall evaluate
the cost of the loan within the meaning of section 502(5)
of the Federal Credit Reform Act of 1990 (2 U.S.C.
661a(5)).’’.
(2) The table of sections at the beginning of such sec-
tion is amended by adding at the end the following new
item:
‘‘2228. Department of Defense strategic loan and loan guaranty program.’’.
(b) Of the amounts appropriated by Public Law 107–
38, there shall be available such sums as may be necessary
for the costs (as defined in section 502(5) of the Federal
Credit Reform Act of 1990 (2 U.S.C. 661a(5)) of direct
loans and loan guarantees made under section 2228 of title
10, United States Code, as added by subsection (a).
SEC. 8134. REGULATION OF BIOLOGICAL AGENTS AND
TOXINS. (a) BIOLOGICAL AGENTS PROVISIONS
OF
THE
ANTITERRORISM AND EFFECTIVE DEATH PENALTY ACT OF
1996; CODIFICATION IN THE PUBLIC HEALTH SERVICE ACT,
WITH AMENDMENTS.—
(1) PUBLIC HEALTH SERVICE ACT.—Subpart 1
of part F of title III of the Public Health Service Act
(42 U.S.C. 262 et seq.) is amended by inserting after
section 351 the following:
313
HR 3338 RS
‘‘SEC. 351A. ENHANCED CONTROL OF BIOLOGICAL AGENTS
AND TOXINS.
‘‘(a) REGULATORY CONTROL OF BIOLOGICAL AGENTS
AND TOXINS.—
‘‘(1) LIST
OF
BIOLOGICAL
AGENTS
AND
TOX-
INS.—
‘‘(A) IN GENERAL.—The Secretary shall by
regulation establish and maintain a list of each
biological agent and each toxin that has the po-
tential to pose a severe threat to public health
and safety.
‘‘(B) CRITERIA.—In determining whether to
include an agent or toxin on the list under sub-
paragraph (A), the Secretary shall—
‘‘(i) consider—
‘‘(I) the effect on human health of
exposure to the agent or toxin;
‘‘(II) the degree of contagiousness
of the agent or toxin and the methods
by which the agent or toxin is trans-
ferred to humans;
‘‘(III) the availability and effec-
tiveness of pharmacotherapies and im-
munizations to treat and prevent any
illness resulting from infection by the
agent or toxin; and
314
HR 3338 RS
‘‘(IV) any other criteria, includ-
ing the needs of children and other vul-
nerable populations, that the Secretary
considers appropriate; and
‘‘(ii) consult with appropriate Federal
departments and agencies, and scientific ex-
perts representing appropriate professional
groups, including those with pediatric ex-
pertise.
‘‘(2) BIENNIAL REVIEW.—The Secretary shall re-
view and republish the list under paragraph (1) bien-
nially, or more often as needed, and shall, through
rulemaking, revise the list as necessary to incorporate
additions or deletions to ensure public health, safety,
and security.
‘‘(3) EXEMPTIONS.—The Secretary may exempt
from the list under paragraph (1)—
‘‘(A) attenuated or inactive biological
agents or toxins used in biomedical research or
for legitimate medical purposes; and
‘‘(B) products that are cleared or approved
under the Federal Food, Drug, and Cosmetic Act
or under the Virus-Serum-Toxin Act, as amend-
ed in 1985 by the Food Safety and Security
Act.’’;
316
HR 3338 RS
provide for the establishment and enforcement of standards
and procedures governing the possession and use of biologi-
cal agents and toxins listed pursuant to subsection (a)(1)
in order to protect the public health and safety, including
the measures, safeguards, procedures, and availability of
such agents and toxins described in paragraphs (1) through
(4) of subsection (b), respectively.
‘‘(d) REGISTRATION
AND
TRACEABILITY
MECHA-
NISMS.—Regulations under subsections (b) and (c) shall re-
quire registration for the possession, use, and transfer of
biological agents and toxins listed pursuant to subsection
(a)(1), and such registration shall include (if available to
the registered person) information regarding the character-
ization of such biological agents and toxins to facilitate
their identification and traceability. The Secretary shall
maintain a national database of the location of such bio-
logical agents and toxins with information regarding their
characterizations.
‘‘(e) INSPECTIONS.—The Secretary shall have the au-
thority to inspect persons subject to the regulations under
subsections (b) and (c) to ensure their compliance with such
regulations, including prohibitions on restricted persons
under subsection (g).
‘‘(f) EXEMPTIONS.—
318
HR 3338 RS
‘‘(B) the identification of such agents and
toxins is, when required under Federal or State
law, reported to the Secretary or other public
health authorities; and
‘‘(C) such agents or toxins are transferred
or destroyed in a manner set forth by the Sec-
retary in regulation.
‘‘(g) SECURITY REQUIREMENTS
FOR REGISTERED
PERSONS.—
‘‘(1) SECURITY.—In carrying out paragraphs
(2) and (3) of subsection (b), the Secretary shall es-
tablish appropriate security requirements for persons
possessing, using, or transferring biological agents
and toxins listed pursuant to subsection (a)(1), con-
sidering existing standards developed by the Attorney
General for the security of government facilities, and
shall ensure compliance with such requirements as a
condition of registration under regulations issued
under subsections (b) and (c).
‘‘(2) LIMITING ACCESS TO LISTED AGENTS AND
TOXINS.—Regulations issued under subsections (b)
and (c) shall include provisions—
‘‘(A) to restrict access to biological agents
and toxins listed pursuant to subsection (a)(1)
319
HR 3338 RS
only to those individuals who need to handle or
use such agents or toxins; and
‘‘(B) to provide that registered persons
promptly submit the names and other identi-
fying information for such individuals to the At-
torney General, with which information the At-
torney General shall promptly use criminal, im-
migration, and national security databases
available to the Federal Government to identify
whether such individuals—
‘‘(i) are restricted persons, as defined
in section 175b of title 18, United States
Code; or
‘‘(ii) are named in a warrant issued to
a Federal or State law enforcement agency
for participation in any domestic or inter-
national act of terrorism.
‘‘(3) CONSULTATION
AND
IMPLEMENTATION.—
Regulations under subsections (b) and (c) shall be de-
veloped in consultation with research-performing or-
ganizations, including universities, and implemented
with timeframes that take into account the need to
continue research and education using biological
agents and toxins listed pursuant to subsection (a)(1).
‘‘(h) DISCLOSURE OF INFORMATION.—
320
HR 3338 RS
‘‘(1) IN GENERAL.—Any information in the pos-
session of any Federal agency that identifies a person,
or the geographic location of a person, who is reg-
istered pursuant to regulations under this section (in-
cluding regulations promulgated before the effective
date of this subsection), or any site-specific informa-
tion relating to the type, quantity, or characterization
of a biological agent or toxin listed pursuant to sub-
section (a)(1) or the site-specific security mechanisms
in place to protect such agents and toxins, including
the national database required in subsection (d), shall
not be disclosed under section 552(a) of title 5, United
States Code.
‘‘(2) DISCLOSURES
FOR
PUBLIC
HEALTH
AND
SAFETY; CONGRESS.—Nothing in this section may be
construed as preventing the head of any Federal
agency—
‘‘(A) from making disclosures of informa-
tion described in paragraph (1) for purposes of
protecting the public health and safety; or
‘‘(B) from making disclosures of such infor-
mation to any committee or subcommittee of the
Congress with appropriate jurisdiction, upon re-
quest.
321
HR 3338 RS
‘‘(i) CIVIL PENALTY.—Any person who violates any
provision of a regulation under subsection (b) or (c) shall
be subject to the United States for a civil money penalty
in an amount not exceeding $250,000 in the case of an indi-
vidual and $500,000 in the case of any other person. The
provisions of section 1128A of the Social Security Act (other
than subsections (a), (b), (h), and (i), the first sentence of
subsection (c), and paragraphs (1) and (2) of subsection
(f)) small apply to civil money penalties under this sub-
section in the same manner as such provisions apply to
a penalty or proceeding under section 1128A(a) of the So-
cial Security Act. The secretary may delegate authority
under this section in the same manner as provided in sec-
tion 1128A(j)(2) of the Social Security Act and such au-
thority shall include all powers as contained in 5 U.S.C.
App., section 6.’’
‘‘(j) DEFINITIONS.—For purposes of this section, the
terms ‘biological agent’ and ‘toxin’ have the same meaning
as in section 178 of title 18, United States Code.’’.
(2) REGULATIONS.—
(A) DATE
CERTAIN
FOR
PROMULGATION;
EFFECTIVE
DATE
REGARDING
CRIMINAL
AND
CIVIL PENALTIES.—Not later than 180 days after
the date of the enactment of this title, the Sec-
retary of Health and Human Services shall pro-
322
HR 3338 RS
mulgate an interim final rule for carrying out
section 351A(c) of the Public Health Service Act,
which amends the Antiterrorism and Effective
Death Penalty Act of 1996. Such interim final
rule will take effect 60 days after the date on
which such rule is promulgated, including for
purposes of—
(i) section 175(b) of title 18, United
States Code (relating to criminal penalties),
as added by subsection (b)(1)(B) of this sec-
tion; and
(ii) section 351A(i) of the Public
Health Service Act (relating to civil pen-
alties).
(B) SUBMISSION OF REGISTRATION APPLI-
CATIONS.—A person required to register for pos-
session under the interim final rule promulgated
under subparagraph (A), shall submit an appli-
cation for such registration not later than 60
days after the date on which such rule is promul-
gated.
(3) CONFORMING AMENDMENT.—Subsections (d),
(e), (f), and (g) of section 511 of the Antiterrorism
and Effective Death Penalty Act of 1996 (42 U.S.C.
262 note) are repealed.
323
HR 3338 RS
(4) EFFECTIVE DATE.—Paragraph (1) shall take
effect as if incorporated in the Antiterrorism and Ef-
fective Death Penalty Act of 1996, and any regula-
tions, including the list under subsection (d)(1) of sec-
tion 511 of that Act, issued under section 511 of that
Act shall remain in effect as if issued under section
351A of the Public Health Service Act.
(b) SELECT AGENTS.—
(1) IN
GENERAL.—Section 175 of title 18,
United States Code, as amended by the Uniting and
Strengthening America by Providing Appropriate
Tools Required to Intercept and Obstruct Terrorism
(USA PATRIOT ACT) Act of 2001 (Public Law 107-
56) is amended—
(A) by redesignating subsections (b) and (c)
as subsections (c) and (d), respectively; and
(B) by inserting after subsection (a) the fol-
lowing:
‘‘(b) SELECT AGENTS.—
‘‘(1) UNREGISTERED FOR POSSESSION.—Whoever
knowingly possesses a biological agent or toxin where
such agent or toxin is a select agent for which such
person has not obtained a registration required by
regulation issued under section 351A(c) of the Public
324
HR 3338 RS
Health Service Act shall be fined under this title, or
imprisoned for not more than 5 years, or both.
‘‘(2) TRANSFER TO UNREGISTERED PERSON.—
Whoever transfers a select agent to a person who the
transferor has reasons to believe has not obtained a
registration required by regulations issued under sec-
tion 351A(b) or (c) of the Public Health Service Act
shall be fined under this title, or imprisoned for not
more than 5 years, or both.’’.
(2) DEFINITIONS.—Section 175 of title 18,
United States Code, as amended by paragraph (1), is
further amended by striking subsection (d) and in-
serting the following:
‘‘(d) DEFINITIONS.—As used in this section:
‘‘(1) The terms ‘biological agent’ and ‘toxin’ have
the meanings given such terms in section 178, except
that, for purposes of subsections (b) and (c), such
terms do not encompass any biological agent or toxin
that is in its naturally occurring environment, if the
biological agent or toxin has not been cultivated, cul-
tured, collected, or otherwise extracted from its nat-
ural source.
‘‘(2) The term ‘for use as a weapon’ includes the
development, production, transfer, acquisition, reten-
tion, or possession of any biological agent, toxin, or
325
HR 3338 RS
delivery system, other than for prophylactic, protec-
tive, or other peaceful purposes.
‘‘(3) The term ‘select agent’ means a biological
agent or toxin, as defined in paragraph (1), that is
on the list that is in effect pursuant to section
511(d)(1) of the Antiterrorism and Effective Death
Penalty Act of 1996 (Public Law 104–132), or as sub-
sequently revised under section 351A(a) of the Public
Health Service Act.’’.
(3) CONFORMING AMENDMENT.—
(A) Section 175(a) of title 18, United States
Code, is amended in the second sentence by strik-
ing ‘‘under this section’’ and inserting ‘‘under
this subsection’’.
(B) Section 175(c) of title 18, United States
Code, (as redesignated by paragraph (1)), is
amended by striking the second sentence.
(c) REPORT TO CONGRESS.—Not later than 1 year
after the date of the enactment of this Act, the Secretary
of Health and Human Services, after consultation with
other appropriate Federal agencies, shall submit to the Con-
gress a report that—
(1) describes the extent to which there has been
compliance by governmental and private entities with
applicable regulations under section 351A of the Pub-
326
HR 3338 RS
lic Health Service Act, including the extent of compli-
ance before the date of the enactment of this Act, and
including the extent of compliance with regulations
promulgated after such date of enactment;
(2) describes the actions to date and future plans
of the Secretary for updating the list of biological
agents and toxins under section 351A(a)(1) of the
Public Health Service Act;
(3) describes the actions to date and future plans
of the Secretary for determining compliance with reg-
ulations under such section 351A of the Public Health
Service Act and for taking appropriate enforcement
actions; and
(4) provides any recommendations of the Sec-
retary for administrative or legislative initiatives re-
garding such section 351A of the Public Health Serv-
ice Act.
This division may be cited as the ‘‘Department of De-
fense Appropriations Act, 2002’’.
DIVISION 
B—TRANSFERS 
FROM 
THE 
EMER-
GENCY RESPONSE FUND PURSUANT TO PUB-
LIC LAW 107–38
The funds appropriated in Public Law 107–38 subject
to subsequent enactment and previously designated as an
emergency by the President and Congress under the Bal-
327
HR 3338 RS
anced Budget and Emergency Deficit Control Act of 1985,
are transferred to the following chapters and accounts as
follows:
CHAPTER 1
DEPARTMENT OF AGRICULTURE
FOOD AND NUTRITION SERVICE
SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR
WOMEN, INFANTS, AND CHILDREN (WIC)
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Spe-
cial Supplemental Nutrition Program for Women, Infants,
and Children (WIC)’’, $39,000,000, to remain available
until September 30, 2003, to be obligated from amounts
made available in Public Law 107–38: Provided, That of
the amounts provided in this Act and any amounts avail-
able for reallocation in fiscal year 2002, the Secretary shall
reallocate funds under section 17(g)(2) of the Child Nutri-
tion 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, and starting no later than March 1, 2002, such
reallocation shall occur no less frequently than every other
month throughout the fiscal year.
328
HR 3338 RS
RELATED AGENCY
COMMODITY FUTURES TRADING COMMISSION
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Com-
modity Futures Trading Commission’’, $10,000,000, to re-
main available until expended, to be obligated from
amounts made available in Public Law 107–38.
CHAPTER 2
DEPARTMENT OF JUSTICE
GENERAL ADMINISTRATION
PATRIOT ACT ACTIVITIES
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Patriot
Act Activities’’, $25,000,000, to remain available until ex-
pended, to be obligated from amounts made available in
Public Law 107–38, of which $2,000,000 shall be for a feasi-
bility report, as authorized by Section 405 of Public Law
107–56, and of which $23,000,000 shall be for implementa-
tion of such enhancements as are deemed necessary: Pro-
vided, That funding for the implementation of such en-
hancements shall be treated as a reprogramming under sec-
tion 605 of Public Law 107–77 and shall not be available
for obligation or expenditure except in compliance with the
procedures set forth in that section.
329
HR 3338 RS
ADMINISTRATIVE REVIEW AND APPEALS
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Ad-
ministrative Review and Appeals’’, $3,500,000, to remain
available until expended, to be obligated from amounts
made available in Public Law 107–38.
LEGAL ACTIVITIES
SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Sala-
ries and Expenses, General Legal Activities’’, $6,250,000,
to remain available until expended, to be obligated from
amounts made available in Public Law 107–38.
SALARIES AND EXPENSES, UNITED STATES ATTORNEYS
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Sala-
ries and Expenses, United States Attorneys’’, $74,600,000,
to remain available until expended, to be obligated from
amounts made available in Public Law 107–38.
SALARIES AND EXPENSES, UNITED STATES MARSHALS
SERVICE
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Sala-
ries and Expenses, United States Marshals Service’’,
$11,100,000, to remain available until expended, to be obli-
332
HR 3338 RS
able until expended, to be obligated from amounts made
available in Public Law 107–38.
ECONOMIC DEVELOPMENT ADMINISTRATION
SALARIES AND EXPENSES
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Sala-
ries and Expenses’’, $335,000, to remain available until ex-
pended, to be obligated from amounts made available in
Public Law 107–38.
NATIONAL TELECOMMUNICATIONS AND INFORMATION
ADMINISTRATION
PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING AND
CONSTRUCTION
For emergency grants authorized by section 392 of the
Communications Act of 1934, as amended, to respond to
the September 11, 2001, terrorist attacks on the United
States, $8,250,000, to remain available until expended, to
be obligated from amounts made available in Public Law
107–38.
UNITED STATES PATENT AND TRADEMARK OFFICE
SALARIES AND EXPENSES
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Sala-
ries and Expenses’’, $3,360,000, to remain available until
333
HR 3338 RS
expended, to be obligated from amounts made available in
Public Law 107–38.
NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY
SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Sci-
entific and Technical Research and Services’’, $400,000, to
remain available until expended, to be obligated from
amounts made available in Public Law 107–38.
CONSTRUCTION OF RESEARCH FACILITIES
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Con-
struction of Research Facilities’’, $1,225,000, to remain
available until expended, to be obligated from amounts
made available in Public Law 107–38.
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
OPERATIONS, RESEARCH AND FACILITIES
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Oper-
ations, Research and Facilities’’, $2,750,000, to remain
available until expended, to be obligated from amounts
made available in Public Law 107–38.
DEPARTMENTAL MANAGEMENT
SALARIES AND EXPENSES
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Sala-
334
HR 3338 RS
ries and Expenses’’, $881,000, to remain available until ex-
pended, to be obligated from amounts made available in
Public Law 107–38.
THE JUDICIARY
SUPREME COURT OF THE UNITED STATES
CARE OF THE BUILDINGS AND GROUNDS
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Care
of the Buildings and Grounds’’, $30,000,000, to remain
available until expended for security enhancements, to be
obligated from amounts made available in Public Law 107–
38.
COURT OF APPEALS, DISTRICT COURTS, AND OTHER
JUDICIAL SERVICES
SALARIES AND EXPENSES
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Sala-
ries and Expenses’’, $5,000,000, is for Emergency Commu-
nications Equipment, to remain available until expended,
to be obligated from amounts made available in Public Law
107–38.
COURT SECURITY
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Court
Security’’, $57,521,000, to remain available until expended,
to be obligated from amounts made available in Public Law
335
HR 3338 RS
107–38, for security of the Federal judiciary, of which not
less than $4,000,000 shall be available to reimburse the
United States Marshals Service for a Supervisory Deputy
Marshal responsible for coordinating security in each judi-
cial district and circuit: Provided, That the funds may be
expended directly or transferred to the United States Mar-
shals Service.
ADMINISTRATIVE OFFICE OF THE UNITED STATES
COURTS
SALARIES AND EXPENSES
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Sala-
ries and Expenses’’, $2,879,000, to remain available until
expended, to enhance security at the Thurgood Marshall
Federal Judiciary Building, to be obligated from amounts
made available in Public Law 107–38.
RELATED AGENCIES
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
SALARIES AND EXPENSES
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Sala-
ries and Expenses’’, $1,301,000, to remain available until
expended, to be obligated from amounts made available in
Public Law 107–38.
336
HR 3338 RS
SECURITIES AND EXCHANGE COMMISSION
SALARIES AND EXPENSES
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Sala-
ries and Expenses’’, $20,705,000, to remain available until
expended, to be obligated from amounts made available in
Public Law 107–38.
SMALL BUSINESS ADMINISTRATION
BUSINESS LOANS PROGRAM ACCOUNT
For emergency expenses for disaster recovery activities
and assistance related to the terrorist acts in New York,
Virginia and Pennsylvania on September 11, 2001, for
‘‘Business Loans Program Account’’, $75,000,000, to re-
main available until expended, to be obligated from
amounts made available in Public Law 107–38.
DISASTER LOANS PROGRAM ACCOUNT
For emergency expenses for disaster recovery activities
and assistance related to the terrorist acts in New York,
Virginia and Pennsylvania on September 11, 2001, for
‘‘Disaster Loans Program Account’’, $75,000,000, to re-
main available until expended, to be obligated from
amounts made available in Public Law 107–38.
GENERAL PROVISIONS, THIS CHAPTER
SEC. 201. For purposes of assistance available under
section 7(b)(2) and (4) of the Small Business Act (15 U.S.C.
636(b)(2) and (4)) to small business concerns located in dis-
337
HR 3338 RS
aster areas declared as a result of the September 11, 2001,
terrorist attacks—
(i) the term ‘‘small business concern’’ shall in-
clude not-for-profit institutions and small business
concerns described in United States Industry Codes
522320, 522390, 523210, 523920, 523991, 524113,
524114, 524126, 524128, 524210, 524291, 524292,
and 524298 of the North American Industry Classi-
fication System (as described in 13 C.F.R. 121.201,
as in effect on January 2, 2001);
(ii) the Administrator may apply such size
standards as may be promulgated under such section
121.201 after the date of enactment of this provision,
but no later than one year following the date of enact-
ment of this Act; and
(iii) payments of interest and principal shall be
deferred, and no interest shall accrue during the two-
year period following the issuance of such disaster
loan.
SEC. 202. Notwithstanding any other provision of law,
the limitation on the total amount of loans under section
7(b) of the Small Business Act (15 U.S.C. 636(b)) out-
standing and committed to a borrower in the disaster areas
declared in response to the September 11, 2001, terrorist
attacks shall be increased to $10,000,000 and the Adminis-
338
HR 3338 RS
trator shall, in lieu of the fee collected under section
7(a)(23)(A) of the Small Business Act (15 U.S.C.
636(a)(23)(A)), collect an annual fee of 0.25 percent of the
outstanding balance of deferred participation loans made
under section 7(a) to small businesses adversely affected by
the September 11, 2001, terrorist attacks and their after-
math, for a period of one year following the date of enact-
ment and to the extent the costs of such reduced fees are
offset by appropriations provided by this Act.
SEC. 203. Not later than April 1, 2002, the Secretary
of State shall submit to the Committees on Appropriations,
in both classified and unclassified form, a report on the
United States-People’s Republic of China Science and Tech-
nology Agreement of 1979, including all protocols. The re-
port is intended to provide a comprehensive evaluation of
the benefits of the agreement to the Chinese economy, mili-
tary, and defense industrial base. The report shall include
the following elements:
(1) an accounting of all activities conducted
under the Agreement for the past five years, and a
projection of activities to be undertaken through 2010;
(2) an estimate of the annual cost to the United
States to administer the Agreement;
(3) an assessment of how the Agreement has in-
fluenced the policies of the People’s Republic of China
339
HR 3338 RS
toward scientific and technological cooperation with
the United States;
(4) an analysis of the involvement of Chinese nu-
clear weapons and military missile specialists in the
activities of the Joint Commission;
(5) a determination of the extent to which the ac-
tivities conducted under the Agreement have enhanced
the military and industrial base of the People’s Re-
public of China, and an assessment of the impact of
projected activities through 2010, including transfers
of technology, on China’s economic and military ca-
pabilities; and
(6) recommendations on improving the moni-
toring of the activities of the Commission by the Sec-
retaries of Defense and State.
The report shall be developed in consultation with the
Secretaries of Commerce, Defense, and Energy, the Direc-
tors of the National Science Foundation and the Federal
Bureau of Investigation, and the intelligence community.
CHAPTER 3
DEPARTMENT OF DEFENSE
OPERATION AND MAINTENANCE
DEFENSE EMERGENCY RESPONSE FUND
For emergency expenses to respond to the September
11, 2001 terrorist attacks on the United States, for ‘‘Defense
340
HR 3338 RS
Emergency Response Fund’’, $6,558,569,000, to remain
available until expended, to be obligated from amounts
made available by Public Law 107–38: Provided, That
$20,000,000 shall be made available for the National Infra-
structure Simulation and Analysis Center (NISAC): Pro-
vided further, That $500,000 shall be made available only
for the White House Commission on the National Moment
of Remembrance: Provided further, That—
(1) $35,000,000 shall be available for the pro-
curement of the Advance Identification Friend-or-Foe
system for integration into F–16 aircraft of the Air
National Guard that are being used in continuous air
patrols over Washington, District of Columbia, and
New York, New York; and
(2) $20,000,000 shall be available for the pro-
curement of the Transportation Multi-Platform Gate-
way for integration into the AWACS aircraft that are
being used to perform early warning surveillance over
the United States.
PROCUREMENT
OTHER PROCUREMENT, AIR FORCE
For emergency expenses to respond to the September
11, 2001 terrorist attacks on the United States, for ‘‘Other
Procurement, Air Force’’, $210,000,000, to remain avail-
341
HR 3338 RS
able until expended, to be obligated from amounts made
available by Public Law 107–38.
GENERAL PROVISIONS, THIS CHAPTER
SEC. 301. Amounts available in the ‘‘Defense Emer-
gency Response Fund’’ shall be available for the purposes
set forth in the 2001 Emergency Supplemental Appropria-
tions Act for Recovery from and Response to Terrorist At-
tacks on the United States (Public Law 107–38): Provided,
That the Fund may be used to reimburse other appropria-
tions or funds of the Department of Defense only for costs
incurred for such purposes between September 11 and De-
cember 31, 2001: Provided further, That such Fund may
be used to liquidate obligations incurred by the Department
under the authorities in 41 U.S.C. 11 for any costs incurred
for such purposes between September 11 and September 30,
2001: Provided further, That the Secretary of Defense may
transfer funds from the Fund to the appropriation, ‘‘Sup-
port for International Sporting Competitions, Defense’’, to
be merged with, and available for the same time period and
for the same purposes as that appropriation: Provided fur-
ther, That the transfer authority provided by this section
is in addition to any other transfer authority available to
the Secretary of Defense: Provided further, That the Sec-
retary of Defense shall report to the Congress quarterly all
transfers made pursuant to this authority.
342
HR 3338 RS
SEC. 302. Amounts in the ‘‘Support for International
Sporting Competitions, Defense’’, may be used to support
essential security and safety for the 2002 Winter Olympic
Games in Salt Lake City, Utah, without the certification
required under subsection 10 U.S.C. 2564(a). Further, the
term ‘‘active duty’’, in section 5802 of Public Law 104–
208 shall include State active duty and full-time National
Guard duty performed by members of the Army National
Guard and Air National Guard in connection with pro-
viding essential security and safety support to the 2002
Winter Olympic Games and logistical and security support
to the 2002 Paralympic Games.
SEC. 303. Funds appropriated by this Act, or made
available by the transfer of funds in this Act, for intelligence
activities are deemed to be specifically authorized by the
Congress for purposes of section 504 of the National Secu-
rity Act of 1947 (50 U.S.C. 414).
CHAPTER 4
DISTRICT OF COLUMBIA
FEDERAL FUNDS
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA FOR
PROTECTIVE CLOTHING AND BREATHING APPARATUS
For a Federal payment to the District of Columbia
for protective clothing and breathing apparatus, to be obli-
gated from amounts made available in Public Law 107–
343
HR 3338 RS
38 and to remain available until September 30, 2003,
$7,144,000, of which $922,000 is for the Fire and Emer-
gency Medical Services Department, $4,269,000 is for the
Metropolitan Police Department, $1,500,000 is for the De-
partment of Health, and $453,000 is for the Department
of Public Works.
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA FOR
SPECIALIZED HAZARDOUS MATERIALS EQUIPMENT
For a Federal payment to the District of Columbia
for specialized hazardous materials equipment, to be obli-
gated from amounts made available in Public Law 107–
38 and to remain available until September 30, 2003,
$1,032,000, for the Fire and Emergency Medical Services
Department.
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA FOR
CHEMICAL AND BIOLOGICAL WEAPONS PREPAREDNESS
For a Federal payment to the District of Columbia
for chemical and biological weapons preparedness, to be ob-
ligated from amounts made available in Public Law 107–
38 and to remain available until September 30, 2003,
$10,355,000, of which $205,000 is for the Fire and Emer-
gency Medical Services Department, $258,000 is for the
Metropolitan Police Department, and $9,892,000 is for the
Department of Health.
344
HR 3338 RS
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA FOR
PHARMACEUTICALS FOR RESPONDERS
For a Federal payment to the District of Columbia
for pharmaceuticals for responders, to be obligated from
amounts made available in Public Law 107–38 and to re-
main available until September 30, 2003, $2,100,000, for
the Department of Health.
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA FOR
RESPONSE AND COMMUNICATIONS CAPABILITY
For a Federal payment to the District of Columbia
for response and communications capability, to be obligated
from amounts made available in Public Law 107–38 and
to remain available until September 30, 2003, $14,960,000,
of which $7,755,000 is for the Fire and Emergency Medical
Services Department, $5,855,000 is for the Metropolitan
Police Department, $113,000 is for the Department of Pub-
lic Works Division of Transportation, $58,000 is for the Of-
fice of Property Management, $60,000 is for the Depart-
ment of Public Works, $750,000 is for the Department of
Health, $309,000 is for the Department of Human Services,
and $60,000 is for the Department of Parks and Recreation.
345
HR 3338 RS
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA FOR
SEARCH, RESCUE AND OTHER EMERGENCY EQUIP-
MENT AND SUPPORT
For a Federal payment to the District of Columbia,
to be obligated from amounts made available in Public Law
107–38 and to remain available until September 30, 2003,
for search, rescue and other emergency equipment and sup-
port, $8,850,000, of which $5,442,000 is for the Metropoli-
tan Police Department, $208,000 is for the Fire and Emer-
gency Medical Services Department, $398,500 is for the De-
partment of Consumer and Regulatory Affairs, $1,178,500
is for the Department of Public Works, $542,000 is for the
Department of Human Services, and $1,081,000 is for the
Department of Mental Health.
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA FOR
EQUIPMENT, SUPPLIES AND VEHICLES FOR THE OF-
FICE OF THE CHIEF MEDICAL EXAMINER
For a Federal payment to the District of Columbia,
to be obligated from amounts made available in Public Law
107–38 and to remain available until September 30, 2003,
for equipment, supplies and vehicles for the Office of the
Chief Medical Examiner, $1,780,000.
346
HR 3338 RS
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA FOR
HOSPITAL CONTAINMENT FACILITIES FOR THE DE-
PARTMENT OF HEALTH
For a Federal payment to the District of Columbia,
to be obligated from amounts made available in Public Law
107–38 and to remain available until September 30, 2003,
for hospital containment facilities for the Department of
Health, $8,000,000.
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA FOR
THE OFFICE OF THE CHIEF TECHNOLOGY OFFICER
For a Federal payment to the District of Columbia,
to be obligated from amounts made available in Public Law
107–38 and to remain available until September 30, 2003,
for the Office of the Chief Technology Officer, $43,994,000,
for a first response land-line and wireless interoperability
project, of which $1,000,000 shall be used to initiate a com-
prehensive review, by a non-vendor contractor, of the Dis-
trict’s current technology-based systems and to develop a
plan for integrating the communications systems of the Dis-
trict of Columbia Metropolitan Police and Fire and Emer-
gency Medical Services Departments with the systems of re-
gional and federal law enforcement agencies, including but
not limited to the United States Capitol Police, United
States Park Police, United States Secret Service, Federal
Bureau of Investigation, Federal Protective Service, and the
347
HR 3338 RS
Washington Metropolitan Area Transit Authority Police:
Provided, That such plan shall be submitted to the Commit-
tees on Appropriations of the Senate and the House of Rep-
resentatives no later than June 15, 2002.
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA FOR
EMERGENCY TRAFFIC MANAGEMENT
For a Federal payment to the District of Columbia,
to be obligated from amounts made available in Public Law
107–38 and to remain available until September 30, 2003,
for emergency traffic management, $20,700,000, for the De-
partment of Public Works Division of Transportation, of
which $14,000,000 is to upgrade traffic light controllers,
$4,700,000 is to establish a video traffic monitoring system,
and $2,000,000 is to disseminate traffic information.
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA FOR
TRAINING AND PLANNING
For a Federal payment to the District of Columbia,
to be obligated from amounts made available in Public Law
107–38 and to remain available until September 30, 2003,
for training and planning, $11,449,000, of which
$4,400,000 is for the Fire and Emergency Medical Services
Department, $990,000 is for the Metropolitan Police De-
partment, $1,200,000 is for the Department of Health,
$200,000 is for the Office of the Chief Medical Examiner,
$1,500,000 is for the Emergency Management Agency,
348
HR 3338 RS
$500,000 is for the Office of Property Management,
$500,000 is for the Department of Mental Health, $469,000
is for the Department of Consumer and Regulatory Affairs,
$240,000 is for the Department of Public Works, $600,000
is for the Department of Human Services, $100,000 is for
the Department of Parks and Recreation, $750,000 is for
the Division of Transportation.
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA FOR
INCREASED SECURITY
For a Federal payment to the District of Columbia,
to be obligated from amounts made available in Public Law
107–38 and to remain available until September 30, 2003,
for increased facility security, $25,536,000, of which
$3,900,000 is for the Emergency Management Agency,
$14,575,000 for the public schools, and $7,061,000 for the
Office of Property Management.
FEDERAL PAYMENT TO THE WASHINGTON METROPOLITAN
AREA TRANSIT AUTHORITY
For a Federal payment to the Washington Metropoli-
tan Area Transit Authority to meet region-wide security
requirements, a contribution of $39,100,000, to be obligated
from amounts made available in Public Law 107–38 and
to remain available until September 30, 2003, of which
$5,000,000 shall be used for protective clothing and breath-
ing apparatus, $17,200,000 shall be for completion of the
349
HR 3338 RS
fiber optic network project and an automatic vehicle locator
system, and $16,900,000 shall be for increased employee
and facility security.
FEDERAL PAYMENT TO THE METROPOLITAN WASHINGTON
COUNCIL OF GOVERNMENTS
For a Federal payment to the Metropolitan Wash-
ington Council of Governments to enhance regional emer-
gency preparedness, coordination and response, $5,000,000,
to be obligated from amounts made available in Public Law
107–38 and to remain available until September 30, 2003,
of which $1,500,000 shall be used to contribute to the devel-
opment of a comprehensive regional emergency prepared-
ness, coordination and response plan, $500,000 shall be
used to develop a critical infrastructure threat assessment
model, $500,000 shall be used to develop and implement a
regional communications plan, and $2,500,000 shall be
used to develop protocols and procedures for training and
outreach exercises.
GENERAL PROVISIONS, THIS CHAPTER
SEC. 401. Notwithstanding any other provision of law,
the Chief Financial Officer of the District of Columbia may
transfer up to 5 percent of the funds appropriated to the
District of Columbia in this chapter between these accounts:
Provided, That no such transfer shall take place unless the
Chief Financial Officer of the District of Columbia notifies
350
HR 3338 RS
in writing the Committees on Appropriations of the Senate
and the House of Representatives 30 days in advance of
such transfer.
SEC. 402. The Chief Financial Officer of the District
of Columbia and the Chief Financial Officer of the Wash-
ington Metropolitan Area Transit Authority shall provide
quarterly reports to the President and the Committees on
Appropriations of the Senate and the House of Representa-
tives on the use of the funds under this chapter beginning
no later than March 15, 2002.
CHAPTER 5
DEPARTMENT OF DEFENSE—CIVIL
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS—CIVIL
OPERATION AND MAINTENANCE, GENERAL
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Oper-
ation and Maintenance, General’’, $139,000,000, to remain
available until expended, to be obligated from amounts
made available in Public Law 107–38.
DEPARTMENT OF THE INTERIOR
BUREAU OF RECLAMATION
WATER AND RELATED RESOURCES
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Water
351
HR 3338 RS
and Related Resources’’, $30,259,000, to remain available
until expended, to be obligated from amounts made avail-
able in Public Law 107–38.
DEPARTMENT OF ENERGY
ATOMIC ENERGY DEFENSE ACTIVITIES
NATIONAL NUCLEAR SECURITY ADMINISTRATION
WEAPONS ACTIVITIES
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, and for
other expenses to increase the security of the Nation’s nu-
clear 
weapons 
complex, 
for 
‘‘Weapons 
Activities’’,
$106,000,000, to remain available until expended, to be ob-
ligated from amounts made available in Public Law 107–
38.
OTHER DEFENSE RELATED ACTIVITIES
OTHER DEFENSE ACTIVITIES
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, and for
other expenses necessary to support activities related to
countering potential biological threats to civilian popu-
lations, for ‘‘Other Defense Activities’’, $3,500,000, to re-
main available until expended, to be obligated from
amounts made available in Public Law 107–38.
352
HR 3338 RS
DEFENSE ENVIRONMENTAL RESTORATION AND WASTE
MANAGEMENT
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘De-
fense Environmental Restoration and Waste Management’’,
$8,200,000, to remain available until expended, to be obli-
gated from amounts made available in Public Law 107–
38.
CHAPTER 6
DEPARTMENT OF THE INTERIOR
NATIONAL PARK SERVICE
OPERATION OF THE NATIONAL PARK SYSTEM
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Oper-
ation of the National Park System’’, $10,098,000, to remain
available until expended, to be obligated from amounts
made available in Public Law 107–38.
UNITED STATES PARK POLICE
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘United
States Park Police’’, $25,295,000, to remain available until
expended, to be obligated from amounts made available in
Public Law 107–38.
CONSTRUCTION
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Con-
353
HR 3338 RS
struction’’, $21,624,000, to remain available until ex-
pended, to be obligated from amounts made available in
Public Law 107–38.
DEPARTMENTAL OFFICES
DEPARTMENTAL MANAGEMENT
SALARIES AND EXPENSES
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Sala-
ries and Expenses’’, $2,205,000, to remain available until
expended, to be obligated from amounts made available in
Public Law 107–38, for the working capital fund of the De-
partment of the Interior.
RELATED AGENCIES
SMITHSONIAN INSTITUTION
SALARIES AND EXPENSES
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Sala-
ries and Expenses’’, $21,707,000, to remain available until
expended, to be obligated from amounts made available in
Public Law 107–38.
NATIONAL GALLERY OF ART
SALARIES AND EXPENSES
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Sala-
ries and Expenses’’, $2,148,000, to remain available until
354
HR 3338 RS
expended, to be obligated from amounts made available in
Public Law 107–38.
JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS
OPERATIONS AND MAINTENANCE
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Oper-
ations and Maintenance’’, $4,310,000, to remain available
until expended, to be obligated from amounts made avail-
able in Public Law 107–38.
NATIONAL CAPITAL PLANNING COMMISSION
SALARIES AND EXPENSES
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Sala-
ries and Expenses’’, $758,000, to remain available until ex-
pended, to be obligated from amounts made available in
Public Law 107–38.
CHAPTER 7
DEPARTMENT OF LABOR
EMPLOYMENT AND TRAINING ADMINISTRATION
TRAINING AND EMPLOYMENT SERVICES
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States for ‘‘Train-
ing and employment services’’, $32,500,000, to remain
available until expended, to be obligated from amounts
made available in Public Law 107–38: Provided, That such
355
HR 3338 RS
amount shall be provided to the Consortium for Worker
Education, established by the New York City Central Labor
Council and the New York City Partnership, for an Emer-
gency Employment Clearinghouse.
STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT
SERVICE OPERATIONS
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘State
Unemployment Insurance and Employment Service Oper-
ations’’, $4,100,000, to remain available until expended, to
be obligated from amounts made available in Public Law
107–38.
WORKERS COMPENSATION PROGRAMS
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Work-
ers Compensation Programs’’, $175,000,000, to remain
available until expended, to be obligated from amounts
made available in Public Law 107–38: Provided, That, of
such amount, $125,000,000 shall be for payment to the New
York State Workers Compensation Review Board, for the
processing of claims related to the terrorist attacks: Pro-
vided further, That, of such amount, $25,000,000 shall be
for payment to the New York State Uninsured Employers
Fund, for reimbursement of claims related to the terrorist
attacks: 
Provided 
further, 
That, 
of 
such 
amount,
$25,000,000 shall be for payment to the New York State
356
HR 3338 RS
Uninsured Employers Fund, for reimbursement of claims
related to the first response emergency services personnel
who were injured, were disabled, or died due to the terrorist
attacks.
PENSION AND WELFARE BENEFITS ADMINISTRATION
SALARIES AND EXPENSES
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Sala-
ries and Expenses’’, $1,600,000, to remain available until
expended, to be obligated from amounts made available in
Public Law 107–38.
OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION
SALARIES AND EXPENSES
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Sala-
ries and Expenses’’, $1,000,000, to remain available until
expended, to be obligated from amounts made available in
Public Law 107–38.
DEPARTMENTAL MANAGEMENT
SALARIES AND EXPENSES
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Sala-
ries and Expenses’’, $5,880,000, to remain available until
expended, to be obligated from amounts made available in
Public Law 107–38.
357
HR 3338 RS
DEPARTMENT OF HEALTH AND HUMAN
SERVICES
CENTERS FOR DISEASE CONTROL AND PREVENTION
DISEASE CONTROL, RESEARCH, AND TRAINING
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States for ‘‘Disease
control, research, and training’’ for baseline safety screen-
ing for the emergency services personnel and rescue and re-
covery personnel, $12,000,000, to remain available until ex-
pended, to be obligated from amounts made available in
Public Law 107–38.
NATIONAL INSTITUTES OF HEALTH
NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH
SCIENCES
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States for ‘‘Na-
tional Institute of Environmental Health Sciences’’ for car-
rying out activities set forth in section 311(a) of the Com-
prehensive Environmental Response, Compensation, and
Liability Act of 1980, $10,500,000, to remain available
until expended, to be obligated from amounts made avail-
able in Public Law 107–38.
358
HR 3338 RS
OFFICE OF THE SECRETARY
PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, to provide
grants to public entities, not-for-profit entities, and Medi-
care and Medicaid enrolled suppliers and institutional pro-
viders to reimburse for health care related expenses or lost
revenues directly attributable to the public health emergency
resulting from the September 11, 2001, terrorist acts, for
‘‘Public Health and Social Services Emergency Fund’’,
$140,000,000, to remain available until expended, to be ob-
ligated from amounts made available in Public Law 107–
38: Provided, That none of the costs have been reimbursed
or are eligible for reimbursement from other sources.
DEPARTMENT OF EDUCATION
OFFICE OF ELEMENTARY AND SECONDARY EDUCATION
SCHOOL IMPROVEMENT PROGRAMS
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘School
Improvement Programs’’, for the Project School Emergency
Response to Violence program, $10,000,000, to be obligated
from amounts made available in Public Law 107–38.
359
HR 3338 RS
RELATED AGENCIES
SOCIAL SECURITY ADMINISTRATION
LIMITATION ON ADMINISTRATIVE EXPENSES
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Limi-
tation on Administrative Expenses’’, $7,500,000, to remain
available until expended, to be obligated from amounts
made available in Public Law 107–38.
NATIONAL LABOR RELATIONS BOARD
SALARIES AND EXPENSES
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Sala-
ries and Expenses’’, $180,000, to remain available until ex-
pended, to be obligated from amounts made available in
Public Law 107–38.
CHAPTER 8
LEGISLATIVE BRANCH
JOINT ITEMS
LEGISLATIVE BRANCH EMERGENCY RESPONSE FUND
(INCLUDING TRANSFER OF FUNDS)
For emergency expenses to respond to the terrorist at-
tacks on the United States, $256,081,000, to remain avail-
able until expended, to be obligated from amounts made
available 
in 
Public 
Law 
107–38: 
Provided, 
That
$34,500,000 shall be transferred to the ‘‘SENATE’’, ‘‘Ser-
geant at Arms and Doorkeeper of the Senate’’ and shall be
360
HR 3338 RS
obligated with the prior approval of the Senate Committee
on Appropriations: Provided further, That $40,712,000
shall be transferred to ‘‘HOUSE OF REPRESENTA-
TIVES’’, ‘‘Salaries and Expenses’’ and shall be obligated
with the prior approval of the House Committee on Appro-
priations: Provided further, That the remaining balance of
$180,869,000 shall be transferred to the Capitol Police
Board, which shall transfer to the affected entities in the
Legislative Branch such amounts as are approved by the
House and Senate Committees on Appropriations: Provided
further, That any Legislative Branch entity receiving funds
pursuant to the Emergency Response Fund established by
Public Law 107–38 (without regard to whether the funds
are provided under this chapter or pursuant to any other
provision of law) may transfer any funds provided to the
entity to any other Legislative Branch entity receiving
funds under Public Law 107–38 in an amount equal to
that required to provide support for security enhancements,
subject to the approval of the Committees on Appropriations
of the House of Representatives and Senate.
SENATE
ADMINISTRATIVE PROVISIONS
SEC. 801. (a) ACQUISITION OF BUILDINGS AND FA-
CILITIES.—Notwithstanding any other provision of law, in
order to respond to an emergency situation, the Sergeant
361
HR 3338 RS
at Arms of the Senate may acquire buildings and facilities,
subject to the availability of appropriations, for the use of
the Senate, as appropriate, by lease, purchase, or such other
arrangement as the Sergeant at Arms of the Senate con-
siders appropriate (including a memorandum of under-
standing with the head of an Executive Agency, as defined
in section 105 of title 5, United States Code, in the case
of a building or facility under the control of such Agency).
Actions taken by the Sergeant at Arms of the Senate must
be approved by the Committees on Appropriations and
Rules and Administration.
(b) AGREEMENTS.—Notwithstanding any other provi-
sion of law, for purposes of carrying out subsection (a), the
Sergeant at Arms of the Senate may carry out such activi-
ties and enter into such agreements related to the use of
any building or facility acquired pursuant to such sub-
section as the Sergeant at Arms of the Senate considers ap-
propriate, including—
(1) agreements with the United States Capitol
Police or any other entity relating to the policing of
such building or facility; and
(2) agreements with the Architect of the Capitol
or any other entity relating to the care and mainte-
nance of such building or facility.
362
HR 3338 RS
(c) AUTHORITY
OF CAPITOL POLICE
AND ARCHI-
TECT.—
(1) ARCHITECT
OF
THE
CAPITOL.—Notwith-
standing any other provision of law, the Architect of
the Capitol may take any action necessary to carry
out an agreement entered into with the Sergeant at
Arms of the Senate pursuant to subsection (b).
(2) CAPITOL POLICE.—Section 9 of the Act of
July 31, 1946 (40 U.S.C. 212a) is amended—
(A) by striking ‘‘The Capitol Police’’ and
inserting ‘‘(a) The Capitol Police’’; and
(B) by adding at the end the following new
subsection:
‘‘(b) For purposes of this section, ‘the United States
Capitol Buildings and Grounds’ shall include any building
or facility acquired by the Sergeant at Arms of the Senate
for the use of the Senate for which the Sergeant at Arms
of the Senate has entered into an agreement with the United
States Capitol Police for the policing of the building or fa-
cility.’’.
(d) TRANSFER OF CERTAIN FUNDS.—Subject to the
approval of the Committee on Appropriations of the Senate,
the Architect of the Capitol may transfer to the Sergeant
at Arms of the Senate amounts made available to the Archi-
tect for necessary expenses for the maintenance, care and
363
HR 3338 RS
operation of the Senate office buildings during a fiscal year
in order to cover any portion of the costs incurred by the
Sergeant at Arms of the Senate during the year in acquir-
ing a building or facility pursuant to subsection (a).
(e) EFFECTIVE DATE.—This section and the amend-
ments made by this section shall apply with respect to fiscal
year 2002 and each succeeding fiscal year.
SEC. 802. (a) Notwithstanding any other provision of
law—
(1) subject to subsection (b), the Sergeant at
Arms of the Senate and the head of an Executive
Agency (as defined in section 105 of title 5, United
States Code) may enter into a memorandum of un-
derstanding under which the Agency may provide fa-
cilities, equipment, supplies, personnel, and other
support services for the use of the Senate during an
emergency situation; and
(2) the Sergeant at Arms of the Senate and the
head of the Agency may take any action necessary to
carry out the terms of the memorandum of under-
standing.
(b) The Sergeant at Arms of the Senate may enter into
a memorandum of understanding described in subsection
(a)(1) consistent with the Senate Procurement Regulations.
364
HR 3338 RS
(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
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 re-
ceive compensation at a rate determined by the Capitol Po-
lice Board, but not to exceed $1,000 less than the annual
salary for the chief of the United States Capitol Police.
(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. (a) ASSISTANCE FOR CAPITOL POLICE FROM
EXECUTIVE
DEPARTMENTS
AND
AGENCIES.—Notwith-
standing any other provision of law, Executive departments
and Executive agencies may assist the United States Cap-
itol Police in the same manner and to the same extent as
such departments and agencies assist the United States Se-
cret Service under section 6 of the Presidential Protection
365
HR 3338 RS
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—
(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 mat-
ter 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 non-reimbursable
basis,
(B) on a temporary and reimbursable basis,
or
366
HR 3338 RS
(C) on a permanent reimbursable basis
upon advance written request of the Chairman of
the Capitol Police Board.
(c) REPORTS ON EXPENDITURES FOR ASSISTANCE.—
(1) REPORTS.—With respect to any fiscal year
in which an Executive department or Executive agen-
cy provides assistance under this section, the head of
that department or agency shall submit a report not
later than 30 days after the end of the fiscal year to
the Chairman of the Capitol Police Board.
(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 fis-
cal year, the Chairman of the Capitol Police Board
shall submit a summary of such reports to the Com-
mittees 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. 805. (a) The Chief of the Capitol Police may,
upon any emergency as determined by the Capitol Police
367
HR 3338 RS
Board, deputize members of the National Guard (while in
the performance of Federal or State service), members of
components of the Armed Forces other than the National
Guard, and Federal, State or local law enforcement officers
as may be necessary to address that emergency. Any person
deputized under this section shall possess all the powers and
privileges and may perform all duties of a member or officer
of the Capitol Police.
(b) The Capitol Police Board may promulgate regula-
tions, as determined necessary, to carry out provisions of
this section.
(c) This section shall apply to fiscal year 2002 and
each fiscal year thereafter.
SEC. 806. (a) Notwithstanding any other provision of
law, the United States Capitol Preservation Commission es-
tablished under section 801 of the Arizona-Idaho Conserva-
tion Act of 1988 (40 U.S.C. 188a) may transfer to the Ar-
chitect 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.
368
HR 3338 RS
(c) This section shall apply with respect to fiscal year
2002 and each succeeding fiscal year.
CHAPTER 9
MILITARY CONSTRUCTION
MILITARY CONSTRUCTION, DEFENSE-WIDE
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Mili-
tary Construction, Defense-wide’’, $510,000,000 to remain
available until expended, to be obligated from amounts
made available in Public Law 107–38: Provided, That of
such amount, $35,000,000 shall be available for transfer to
‘‘Military Construction, Army’’.
MILITARY CONSTRUCTION, ARMY
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Mili-
tary Construction, Army’’, $20,700,000 to remain available
until expended, to be obligated from amounts made avail-
able 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, to be obligated from amounts made avail-
able in Public Law 107–38.
369
HR 3338 RS
MILITARY CONSTRUCTION, AIR FORCE
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Mili-
tary Construction, Air Force’’, $47,700,000 to remain
available until expended, to be obligated from amounts
made available in Public Law 107–38.
GENERAL PROVISIONS, THIS CHAPTER
SEC. 901. (a) AVAILABILITY OF AMOUNTS FOR MILI-
TARY CONSTRUCTION RELATING TO TERRORISM.—Amounts
made available to the Department of Defense from funds
appropriated in Public Law 107–38 and this Act may be
used to carry out military construction projects, not other-
wise authorized by law, that the Secretary of Defense deter-
mines are necessary to respond to or protect against acts
or threatened acts of terrorism.
(b) NOTICE TO CONGRESS.—Not later than 15 days
before obligating amounts available under subsection (a) for
military construction projects referred to in that subsection
the Secretary shall notify the appropriate committees of
Congress the following:
(1) The determination to use such amounts for
the project.
(2) The estimated cost of the project.
(c) APPROPRIATE COMMITTEES
OF CONGRESS DE-
FINED.—In this section the term ‘‘appropriate committees
380
HR 3338 RS
CHAPTER 12
DEPARTMENT OF VETERANS AFFAIRS
CONSTRUCTION, MAJOR PROJECTS
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Con-
struction, Major Projects’’, $2,000,000, to remain available
until expended, to be obligated from amounts made avail-
able in Public Law 107–38.
DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT
COMMUNITY PLANNING AND DEVELOPMENT
COMMUNITY DEVELOPMENT FUND
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Com-
munity development fund’’, $2,000,000,000, to remain
available until expended, to be obligated from amounts
made available in Public Law 107–38: Provided, That such
funds shall be subject to the first through sixth provisos in
section 434 of Public Law 107–73: Provided further, That
within 45 days of enactment, the State of New York, in
conjunction with the City of New York, shall establish a
corporation for the obligation of the funds provided under
this heading, issue the initial criteria and requirements
necessary to accept applications from individuals, non-
profits and small businesses for economic losses from the