230
HR 3338 EAS
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.
(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:
231
HR 3338 EAS
‘‘(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
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-
232
HR 3338 EAS
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.
(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-
233
HR 3338 EAS
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
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—
234
HR 3338 EAS
(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
(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
235
HR 3338 EAS
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
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.
236
HR 3338 EAS
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.
(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’’, $475,000,000 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
237
HR 3338 EAS
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
of Congress’’ has the meaning given that term in section
2801 (4) of title 10, United States Code.
SEC. 902. If in exercising the authority in section 2808
of title 10, United States Code, to carry out military con-
struction projects not authorized by law, the Secretary of
Defense utilizes, whether in whole or in part, funds appro-
priated but not yet obligated for a military construction
project previously authorized by law, the Secretary may
carry out such military construction project previously au-
238
HR 3338 EAS
thorized by law using amounts appropriated by the 2001
Emergency Supplemental Appropriations Act for Recovery
from and Response to Terrorist Attacks on the United
States (Public Law 107–38; 115 Stat. 220), or any other
appropriations Act to provide funds for the recovery from
and response to the terrorist attacks on the United States
that is enacted after the date of the enactment of this Act,
and available for obligation.
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 ‘‘Sala-
ries and Expenses’’, for the Office of Intelligence and Secu-
rity, $1,500,000, to remain available until expended, to be
obligated from amounts made available in Public Law 107–
38.
PAYMENTS TO AIR CARRIERS
(AIRPORT AND AIRWAY TRUST FUND)
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, in addition
to funds made available from any other source to carry out
the essential air service program under 49 U.S.C. 41731
through 41742, to be derived from the Airport and Airway
239
HR 3338 EAS
Trust Fund, $57,000,000, to remain available until ex-
pended, to be obligated from amounts made available in
Public Law 107–38: Provided, That it is the sense of the
Senate that funds provided under this paragraph shall be
used to provide subsidized service at a rate of not less than
three flights per day for eligible communities with signifi-
cant enplanement levels that enjoyed said rate of service,
with or without subsidy, prior to September 11, 2001.
COAST GUARD
OPERATING EXPENSES
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Oper-
ating Expenses’’, $285,350,000, to remain available until
September 30, 2003, to be obligated from amounts made
available in Public Law 107–38.
FEDERAL AVIATION ADMINISTRATION
OPERATIONS
(AIRPORT AND AIRWAY TRUST FUND)
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Oper-
ations’’, $251,000,000, to be derived from the Airport and
Airway Trust Fund and to remain available until Sep-
tember 30, 2003, to be obligated from amounts made avail-
able in Public Law 107–38.
240
HR 3338 EAS
RESEARCH, ENGINEERING, AND DEVELOPMENT
(AIRPORT AND AIRWAY TRUST FUND)
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Re-
search, Engineering, and Development’’, $50,000,000, to be
derived from the Airport and Airway Trust Fund, to be
obligated from amounts made available in Public Law 107–
38.
GRANTS-IN-AID FOR AIRPORTS
(AIRPORT AND AIRWAY TRUST FUND)
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, notwith-
standing any other provision of law, for ‘‘Grants-in-aid for
airports’’, to enable the Federal Aviation Administrator to
compensate airports for a portion of the direct costs associ-
ated with new, additional or revised security requirements
imposed on airport operators by the Administrator on or
after September 11, 2001, $200,000,000, to be derived from
the Airport and Airway Trust Fund, to remain available
until expended, to be obligated from amounts made avail-
able in Public Law 107–38
FEDERAL HIGHWAY ADMINISTRATION
MISCELLANEOUS APPROPRIATIONS
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Mis-
cellaneous Appropriations’’, including the operation and
241
HR 3338 EAS
construction of ferrys and ferry facilities, $110,000,000, to
remain available until expended, to be obligated from
amounts made available in Public Law 107–38.
FEDERAL-AID HIGHWAYS
EMERGENCY RELIEF PROGRAM
(HIGHWAY TRUST FUND)
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Emer-
gency Relief Program’’, as authorized by section 125 of title
23, United States Code, $75,000,000, to be derived from the
Highway Trust Fund and to remain available until ex-
pended, to be obligated from amounts made available in
Public Law 107–38.
FEDERAL RAILROAD ADMINISTRATION
SAFETY AND OPERATIONS
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Safety
and Operations’’, $6,000,000, to remain available until ex-
pended, to be obligated from amounts made available in
Public Law 107–38.
CAPITAL GRANTS TO THE NATIONAL RAILROAD PASSENGER
CORPORATION
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for nec-
essary expenses of capital improvements of the National
Railroad Passenger Corporation as authorized by 49 U.S.C.
242
HR 3338 EAS
24104(a), $100,000,000, to remain available until ex-
pended, and to be obligated from amounts made available
in Public Law 107–38.
FEDERAL TRANSIT ADMINISTRATION
FORMULA GRANTS
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘For-
mula Grants’’, $23,500,000, to remain available until ex-
pended, to be obligated from amounts made available in
Public Law 107–38.
CAPITAL INVESTMENT GRANTS
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Cap-
ital Investment Grants’’, $100,000,000, to be obligated from
amounts made available in Public Law 107–38: Provided,
That in administering funds made available under this
paragraph, the Federal Transit Administrator shall direct
funds to those transit agencies most severely impacted by
the terrorist attacks of September 11, 2001, excluding any
transit agency receiving a Federal payment elsewhere in
this Act: Provided further, That the provisions of 49 U.S.C.
5309(h) shall not apply to funds made available under this
paragraph.
243
HR 3338 EAS
RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION
RESEARCH AND SPECIAL PROGRAMS
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Re-
search and Special Programs’’, $6,000,000, to remain
available until expended, to be obligated from amounts
made available in Public Law 107–38.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States and for
other safety and security related audit and monitoring re-
sponsibilities, for ‘‘Salaries and Expenses’’, $2,000,000, to
remain available until expended, to be obligated from
amounts made available in Public Law 107–38.
RELATED AGENCY
NATIONAL TRANSPORTATION SAFETY 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’’, $836,000, to remain available until ex-
pended, to be obligated from amounts made available in
Public Law 107–38.
244
HR 3338 EAS
GENERAL PROVISIONS, THIS CHAPTER
SEC. 1001. Section 5117(b)(3) of the Transportation
Equity Act for the 21st Century (Public Law 105–178; 112
Stat. 449; 23 U.S.C. 502 note) is amended —
(1) by redesignating subparagraphs (C), (D),
and (E) as subparagraphs (D), (F), and (G), respec-
tively;
(2) by inserting after subparagraph (B) the fol-
lowing new subparagraph (C):
‘‘(C) FOLLOW-ON
DEPLOYMENT.—(i) After
an intelligent transportation infrastructure sys-
tem deployed in an initial deployment area pur-
suant to a contract entered into under the pro-
gram under this paragraph has received system
acceptance, the Department of Transportation
has the authority to extend the original contract
that was competitively awarded for the deploy-
ment of the system in the follow-on deployment
areas under the contract, using the same asset
ownership, maintenance, fixed price contract,
and revenue sharing model, and the same com-
petitively selected consortium leader, as were
used for the deployment in that initial deploy-
ment area under the program.
245
HR 3338 EAS
‘‘(ii) If any one of the follow-on deployment
areas does not commit, by July 1, 2002, to par-
ticipate in the deployment of the system under
the contract, then, upon application by any of
the other follow-on deployment areas that have
committed by that date to participate in the de-
ployment of the system, the Secretary shall sup-
plement the funds made available for any of the
follow-on deployment areas submitting the appli-
cations by using for that purpose the funds not
used for deployment of the system in the non-
participating area. Costs paid out of funds pro-
vided in such a supplementation shall not be
counted for the purpose of the limitation on
maximum cost set forth in subparagraph (B).’’;
(4) by inserting after subparagraph (D), as re-
designated by paragraph (1), the following new sub-
paragraph (E):
‘‘(E) DEFINITIONS.—In this paragraph:
‘‘(i) The term ‘initial deployment area’
means a metropolitan area referred to in
the second sentence of subparagraph (A).
‘‘(ii) The term ‘follow-on deployment
areas’ means the metropolitan areas of Bal-
timore, 
Birmingham, 
Boston, 
Chicago,
246
HR 3338 EAS
Cleveland, Dallas/Ft. Worth, Denver, De-
troit, Houston, Indianapolis, Las Vegas,
Los Angeles, Miami, New York/Northern
New Jersey, Northern Kentucky/Cincinnati,
Oklahoma City, Orlando, Philadelphia,
Phoenix, Pittsburgh, Portland, Providence,
Salt Lake, San Diego, San Francisco, St.
Louis, Seattle, Tampa, and Washington,
District of Columbia.’’; and
(5) in subparagraph (D), as redesignated by
paragraph (1), by striking ‘‘subparagraph (D)’’ and
inserting ‘‘subparagraph (F)’’.
SEC. 1002. No appropriated funds or revenues gen-
erated by the National Railroad Passenger Corporation
may be used to implement section 204(c)(2) of Public Law
105–134 until the Congress has enacted an Amtrak reau-
thorization Act.
CHAPTER 11
DEPARTMENT OF THE TREASURY
INSPECTOR GENERAL FOR TAX 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’’, $2,032,000, to remain available until
247
HR 3338 EAS
expended, to be obligated from amounts made available by
Public Law 107–38.
FINANCIAL CRIMES ENFORCEMENT NETWORK
SALARIES AND EXPENSES
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Sala-
ries and Expenses’’, $1,700,000, to remain available until
expended, to be obligated from amounts made available in
Public Law 107–38.
FEDERAL LAW ENFORCEMENT TRAINING CENTER
SALARIES AND EXPENSES
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Sala-
ries and Expenses’’, $22,846,000, to remain available until
expended, to be obligated from amounts made available in
Public Law 107–38.
FINANCIAL MANAGEMENT SERVICE
SALARIES AND EXPENSES
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Sala-
ries and Expenses’’, $600,000, to remain available until ex-
pended, to be obligated from amounts made available in
Public Law 107–38.
248
HR 3338 EAS
BUREAU OF ALCOHOL, TOBACCO AND FIREARMS
SALARIES AND EXPENSES
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Sala-
ries and Expenses’’, $31,431,000, to remain available until
expended, to be obligated from amounts made available in
Public Law 107–38.
UNITED STATES CUSTOMS SERVICE
SALARIES AND EXPENSES
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Sala-
ries and Expenses’’, $292,603,000, to remain available until
expended, to be obligated from amounts made available in
Public Law 107–38; of this amount, not less than
$140,000,000 shall be available for increased staffing to
combat terrorism along the Nation’s borders, of which
$10,000,000 shall be available for hiring inspectors along
the Southwest border; not less than $15,000,000 shall be
available for seaport security; and not less than $30,000,000
shall be available for the procurement and deployment of
non-intrusive and counterterrorism inspection technology,
equipment and infrastructure improvements to combat ter-
rorism at the land and sea border ports of entry.
249
HR 3338 EAS
OPERATION, MAINTENANCE AND PROCUREMENT, AIR AND
MARINE INTERDICTION PROGRAMS
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Oper-
ation, Maintenance and Procurement, Air and Marine
Interdiction Programs’’, $6,700,000, to remain available
until expended, to be obligated from amounts made avail-
able in Public Law 107–38.
INTERNAL REVENUE SERVICE
PROCESSING, ASSISTANCE AND MANAGEMENT
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Proc-
essing, Assistance and Management’’, $16,658,000, to re-
main available until expended, to be obligated from
amounts made available by Public Law 107–38.
TAX LAW ENFORCEMENT
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Tax
Law Enforcement’’, $4,544,000, to remain available until
expended, to be obligated from amounts made available by
Public Law 107–38.
INFORMATION SYSTEMS
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Infor-
mation Systems’’, $15,991,000, to remain available until
250
HR 3338 EAS
expended, to be obligated from amounts made available by
Public Law 107–38.
UNITED STATES SECRET SERVICE
SALARIES AND EXPENSES
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Sala-
ries and Expenses’’, $104,769,000, to remain available until
expended, to be obligated from amounts made available in
Public Law 107–38.
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF 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’’, $50,040,000, to remain available until
expended, to be obligated from amounts made available in
Public Law 107–38.
POSTAL SERVICE
PAYMENT TO THE POSTAL SERVICE FUND
For emergency expenses to the Postal Service Fund to
enable the Postal Service to build and establish a system
for sanitizing and screening mail matter, to protect postal
employees and postal customers from exposure to biohaz-
ardous material, and to replace or repair Postal Service
facilities destroyed or damaged in New York City as a result
251
HR 3338 EAS
of the September 11, 2001, terrorist attacks, $600,000,000,
to remain available until expended, to be obligated from
amounts made available in Public Law 107–38: Provided,
That the Postal Service is authorized to review rates for
product delivery and minimum qualifications for eligible
service providers under section 5402 of title 39, and to rec-
ommend new rates and qualifications to reduce expendi-
tures without reducing service levels.
INDEPENDENT AGENCIES
GENERAL SERVICES ADMINISTRATION
REAL PROPERTY ACTIVITIES
FEDERAL BUILDING FUND
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Fed-
eral Buildings Fund’’, $126,500,000, to remain available
until expended, to be obligated from amounts made avail-
able in Public Law 107–38.
NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
OPERATING EXPENSES
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Oper-
ating Expenses’’, $4,818,000, to remain available until ex-
pended, to be obligated from amounts made available in
Public Law 107–38.
252
HR 3338 EAS
REPAIRS AND RESTORATION
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Re-
pairs and Restoration’’, $2,180,000, to remain available
until expended, to be obligated from amounts made avail-
able in Public Law 107–38.
GENERAL PROVISION, THIS CHAPTER
SEC. 1101. None of the funds appropriated by this Act
or any other Act may be used after June 30, 2002 for the
operation of any federally owned building if determined to
be appropriate by the Administrator of the General Services
Administration, or to enter into any lease or lease renewal
with any person for office space for a Federal agency in
any other building, unless such operation, lease, or lease
renewal is in compliance with a regulation or Executive
Order issued after the date of enactment of this section that
requires redundant and physically separate entry points to
such buildings, and the use of physically diverse local net-
work facilities, for the provision of telecommunications serv-
ices to Federal agencies in such buildings.
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-
253
HR 3338 EAS
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
September 11, 2001, terrorist attacks, and begin processing
such applications: Provided further, That the corporation
shall respond to any application from an individual, non-
profit or small business for economic losses under this head-
ing within 45 days of the submission of an application for
254
HR 3338 EAS
funding: Provided further, That individuals, nonprofits or
small businesses shall be eligible for compensation only if
located in New York City in the area located on or south
of Canal Street, on or south of East Broadway (east of its
intersection with Canal Street), or on or south of Grand
Street (east of its intersection with East Broadway): Pro-
vided further, That, of the amount made available under
this heading, no less than $500,000,000 shall be made avail-
able for individuals, nonprofits or small businesses de-
scribed in the prior three provisos with a limit of $500,000
per small business for economic losses.
MANAGEMENT AND ADMINISTRATION
OFFICE OF INSPECTOR GENERAL
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Office
of Inspector General’’, $1,000,000, to remain available until
expended, to be obligated from amounts made available in
Public Law 107–38.
INDEPENDENT AGENCIES
ENVIRONMENTAL PROTECTION AGENCY
SCIENCE AND TECHNOLOGY
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, and to sup-
port activities related to countering terrorism, for ‘‘Science
and Technology’’, $41,514,000, to remain available until
255
HR 3338 EAS
expended, to be obligated from amounts made available in
Public Law 107–38.
ENVIRONMENTAL PROGRAMS AND MANAGEMENT
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, and to sup-
port activities related to countering terrorism, for ‘‘Envi-
ronmental Programs and Management’’, $38,194,000, to re-
main available until expended, to be obligated from
amounts made available in Public Law 107–38.
HAZARDOUS SUBSTANCE SUPERFUND
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, and to sup-
port activities related to countering terrorism, for ‘‘Haz-
ardous Substance Superfund’’, $41,292,000, to remain
available until expended, to be obligated from amounts
made available in Public Law 107–38.
STATE AND TRIBAL ASSISTANCE GRANTS
For making grants for emergency expenses to respond
to the September 11, 2001, terrorist attacks on the United
States, and to support activities related to countering po-
tential biological and chemical threats to populations, for
‘‘State and Tribal Assistance Grants’’, $5,000,000, to re-
main available until expended, to be obligated from
amounts made available in Public Law 107–38.
256
HR 3338 EAS
FEDERAL EMERGENCY MANAGEMENT AGENCY
DISASTER RELIEF
For disaster recovery activities and assistance related
to the terrorist attacks in New York, Virginia, and Pennsyl-
vania on September 11, 2001, for ‘‘Disaster Relief’’,
$5,824,344,000, to remain available until expended, to be
obligated from amounts made available in Public Law 107–
38.
SALARIES AND EXPENSES
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Sala-
ries and Expenses’’, $20,000,000, to remain available until
expended, for the Office of National Preparedness, to be obli-
gated from amounts made available in Public Law 107–
38.
EMERGENCY MANAGEMENT PLANNING AND ASSISTANCE
(INCLUDING TRANSFER OF FUNDS)
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States and to sup-
port activities related to countering terrorism, for ‘‘Emer-
gency 
Management 
Planning 
and 
Assistance’’,
$290,000,000, to remain available until September 30,
2003, for programs as authorized by section 33 of the Fed-
eral Fire Prevention and Control Act of 1974, as amended
(15 U.S.C. 2201 et seq.), to be obligated from amounts made
available in Public Law 107–38: Provided, That up to 5
257
HR 3338 EAS
percent of this amount shall be transferred to ‘‘Salaries and
expenses’’ for program administration.
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
HUMAN SPACE FLIGHT
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for
‘‘Human Space Flight’’, $64,500,000, to remain available
until expended, to be obligated from amounts made avail-
able in Public Law 107–38.
SCIENCE, AERONAUTICS AND TECHNOLOGY
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for
‘‘Science, Aeronautics and Technology’’, $28,600,000, to re-
main available until expended, to be obligated from
amounts made available in Public Law 107–38.
NATIONAL SCIENCE FOUNDATION
RESEARCH AND RELATED ACTIVITIES
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Re-
search and Related Activities’’, $300,000, to remain avail-
able until expended, to be obligated from amounts made
available in Public Law 107–38.
GENERAL PROVISIONS, THIS CHAPTER
SEC. 1201. UNITY IN THE SPIRIT OF AMERICA. (a)
SHORT TITLE.—This section may be cited as the ‘‘Unity
in the Spirit of America Act’’ or the ‘‘USA Act’’.
258
HR 3338 EAS
(b) PROJECTS HONORING VICTIMS OF TERRORIST AT-
TACKS.—The National and Community Service Act of 1990
(42 U.S.C. 12501 et seq.) is amended by inserting before
title V the following:
‘‘TITLE 
IV—PROJECTS 
HON-
ORING 
VICTIMS 
OF 
TER-
RORIST ATTACKS
‘‘SEC. 401. PROJECTS.
‘‘(a) DEFINITION.—In this section, the term ‘Founda-
tion’ means the Points of Light Foundation funded under
section 301, or another nonprofit private organization, that
enters into an agreement with the Corporation to carry out
this section.
‘‘(b) IDENTIFICATION OF PROJECTS.—
‘‘(1) ESTIMATED NUMBER.—Not later than De-
cember 1, 2001, the Foundation, after obtaining the
guidance of the heads of appropriate Federal agencies,
such as the Director of the Office of Homeland Secu-
rity and the Attorney General, shall—
‘‘(A) make an estimate of the number of vic-
tims killed as a result of the terrorist attacks on
September 11, 2001 (referred to in this section as
the ‘estimated number’); and
‘‘(B) compile a list that specifies, for each
individual that the Foundation determines to be
259
HR 3338 EAS
such a victim, the name of the victim and the
State in which the victim resided.
‘‘(2) IDENTIFIED
PROJECTS.—The Foundation
may identify approximately the estimated number of
community-based national and community service
projects that meet the requirements of subsection (d).
The Foundation shall name each identified project in
honor of a victim described in subsection (b)(1)(A),
after obtaining the permission of an appropriate
member of the victim’s family and the entity carrying
out the project.
‘‘(c) ELIGIBLE ENTITIES.—To be eligible to have a
project named under this section, the entity carrying out
the project shall be a political subdivision of a State, a busi-
ness, a nonprofit organization (which may be a religious
organization, such as a Christian, Jewish, or Muslim orga-
nization), an Indian tribe, or an institution of higher edu-
cation.
‘‘(d) PROJECTS.—The Foundation shall name, under
this section, projects—
‘‘(1) that advance the goals of unity, and im-
proving the quality of life in communities; and
‘‘(2) that will be planned, or for which imple-
mentation will begin, within a reasonable period after
260
HR 3338 EAS
the date of enactment of the Unity in Service to
America Act, as determined by the Foundation.
‘‘(e) WEBSITE AND DATABASE.—The Foundation shall
create and maintain websites and databases, to describe
projects named under this section and serve as appropriate
vehicles for recognizing the projects.’’.
SEC. 1202. Within funds previously appropriated as
authorized under the Native American Housing and Self
Determination Act of 1996 (Pub. L. 104–330, § 1(a), 110
Stat. 4016) and made available to Cook Inlet Housing Au-
thority, Cook Inlet Housing Authority may use up to
$9,500,000 of such funds to construct student housing for
Native college students, including an on-site computer lab
and related study facilities, and, notwithstanding any pro-
vision of such Act to the contrary, Cook Inlet Housing Au-
thority may use a portion of such funds to establish a re-
serve fund and to provide for maintenance of the project.
CHAPTER 13
GENERAL PROVISIONS, THIS DIVISION
SEC. 1301. Amounts which may be obligated pursuant
to this division are subject to the terms and conditions pro-
vided in Public Law 107–38.
SEC. 1302. No part of any appropriation contained
in this division shall remain available for obligation beyond
the current fiscal year unless expressly so provided herein.
261
HR 3338 EAS
This division may be cited as the ‘‘Emergency Supple-
mental Act, 2002’’.
DIVISION C—SPENDING LIMITS AND BUDGETARY
ALLOCATIONS FOR FISCAL YEAR 2002
SEC. 101. (a) DISCRETIONARY SPENDING LIMITS.—
Section 251(c)(6) of the Balanced Budget and Emergency
Deficit Control Act of 1985 is amended by striking subpara-
graph (A) and inserting the following:
‘‘(A) 
for 
the 
discretionary 
category:
$681,441,000,000 in new budget authority and
$670,447,000,000 in outlays;’’.
(b) REVISED AGGREGATES AND ALLOCATIONS.—Upon
the enactment of this section, the chairman of the Com-
mittee on the Budget of the House of Representatives and
the chairman of the Committee on the Budget of the Senate
shall each—
(1) revise the aggregate levels of new budget au-
thority and outlays for fiscal year 2002 set in sections
101(2) and 101(3) of the concurrent resolution on the
budget for fiscal year 2002 (H. Con. Res. 83, 107th
Congress), to the extent necessary to reflect the revised
limits on discretionary budget authority and outlays
for fiscal year 2002 provided in subsection (a);
(2) revise allocations under section 302(a) of the
Congressional Budget Act of 1974 to the Committee
262
HR 3338 EAS
on Appropriations of their respective House as ini-
tially set forth in the joint explanatory statement of
managers accompanying the conference report on that
concurrent resolution, to the extent necessary to reflect
the revised limits on discretionary budget authority
and outlays for fiscal year 2002 provided in sub-
section (a); and
(3) publish those revised aggregates and alloca-
tions in the Congressional Record.
(c) REPEAL OF SECTION 203 OF BUDGET RESOLUTION
FOR FISCAL YEAR 2002.—Section 203 of the concurrent res-
olution on the budget for fiscal year 2002 (H. Con. Res.
83, 107th Congress) is repealed.
(d) ADJUSTMENTS.—If, for fiscal year 2002, the
amount of new budget authority provided in appropriation
Acts exceeds the discretionary spending limit on new budget
authority for any category due to technical estimates made
by the Director of the Office of Management and Budget,
the Director shall make an adjustment equal to the amount
of the excess, but not to exceed an amount equal to 0.2 per-
cent of the sum of the adjusted discretionary limits on new
budget authority for all categories for fiscal year 2002.
SEC. 102. PAY-AS-YOU-GO ADJUSTMENT.—In pre-
paring the final sequestration report for fiscal year 2002
required by section 254(f)(3) of the Balanced Budget and
263
HR 3338 EAS
Emergency Deficit Control Act of 1985, the Director of the
Office of Management and Budget shall change any balance
of direct spending and receipts legislation for fiscal years
2001 and 2002 under section 252 of that Act to zero.
DIVISION D—TECHNICAL CORRECTIONS
SEC. 101. Title VI of the Agriculture, Rural Develop-
ment, Food and Drug Administration, and Related Agen-
cies Appropriations Act, 2002 (Public Law 107–76) is
amended under the heading ‘‘Food and Drug Administra-
tion, Salaries and Expenses’’ by striking ‘‘$13,207,000’’
and inserting ‘‘$13,357,000’’.
SEC. 102. Title IV of the Departments of Commerce,
Justice, and State, the Judiciary and Related Agencies Ap-
propriations Act, 2002 (Public Law 107–77) is amended
in the third proviso of the first undesignated paragraph
under the heading ‘‘Diplomatic and Consular Programs’’
by striking ‘‘this heading’’ and inserting ‘‘the appropria-
tions accounts within the Administration of Foreign Af-
fairs’’.
SEC. 103. Title V of the Departments of Commerce,
Justice, and State, the Judiciary and Related Agencies Ap-
propriations Act, 2002 (Public Law 107–77) is amended
in the proviso under the heading ‘‘Commission on Ocean
Policy’’ by striking ‘‘appointment’’ and inserting ‘‘the first
meeting of the Commission’’.
264
HR 3338 EAS
SEC. 104. Section 612 of Public Law 107–77 is amend-
ed by striking ‘‘June 30, 2002’’ and inserting ‘‘April 1,
2002’’.
SEC. 105. Section 626(c) of the Departments of Com-
merce, Justice, and State, the Judiciary and Related Agen-
cies Appropriations Act, 2002 (Public Law 107–77) is
amended by striking ‘‘1:00CV03110(ESG)’’ and inserting
‘‘1:00CV03110(EGS)’’.
SEC. 106. JICARILLA, NEW
MEXICO, MUNICIPAL
WATER SYSTEM. Public Law 107–66 is amended—
(1) under the heading of ‘‘Title I, Department of
Defense—Civil, Department of the Army, Corps of
Engineers—Civil, Construction, General’’—
(A) by striking ‘‘Provided further, That
using $2,500,000 of the funds provided herein,
the Secretary of the Army, acting through the
Chief of Engineers, is directed to proceed with a
final design and initiate construction for the re-
pair and replacement of the Jicarilla Municipal
Water System in the town of Dulce, New Mex-
ico:’’; and
(B) insert at the end before the period the
following: ‘‘: Provided further, That using funds
provided herein, the Secretary of the Army, act-
ing through the Chief of Engineers, is directed to
265
HR 3338 EAS
transfer $2,500,000 to the Secretary of the Inte-
rior for the Bureau of Reclamation to proceed
with the Jicarilla Municipal Water System in
the town of Dulce, New Mexico’’; and
(2) under the heading of ‘‘Title II, Department
of the Interior, Bureau of Reclamation, Water and
Related 
Resources, 
(Including 
the 
Transfer 
of
Funds)’’—
(A) insert at the end before the period the
following: ‘‘: Provided further, That using
$2,500,000 of the funds provided herein, the Sec-
retary of the Interior is directed to proceed with
a final design and initiate construction for the
repair and replacement of the Jicarilla Munic-
ipal Water System in the town of Dulce, New
Mexico’’.
SEC. 107. (a) Public Law 107–68 is amended by add-
ing at the end the following:
‘‘This Act may be cited as the ‘Legislative Branch Ap-
propriations Act, 2002’.’’.
(b) The amendment made by subsection (a) shall take
effect as if included in the enactment of Public Law 107–
68.
SEC. 108. Section 102 of the Legislative Branch Ap-
propriations Act, 2002 (Public Law 107–68) is amended—
266
HR 3338 EAS
(1) in subsection (a), by striking paragraph (1)
and redesignating paragraphs (2) through (6) as
paragraphs (1) through (5), respectively;
(2) in subsection (g)(1)—
(A) in subparagraph (A), by striking ‘‘sub-
section (i)(1)(A)’’ and inserting ‘‘subsection
(h)(1)(A)’’; and
(B) in subparagraph (B), by striking ‘‘sub-
section (i)(1)(B)’’ and inserting ‘‘subsection
(h)(1)(B)’’.
SEC. 109. (a) Section 209 of the Legislative Branch
Appropriations Act, 2002 (Public Law 107–68) is amended
in the matter amending Public Law 106–173 by striking
the quotation marks and period at the end of the new sub-
section (g) and inserting the following: ‘‘Any reimbursement
under this subsection shall be credited to the appropriation,
fund, or account used for paying the amounts reimbursed.
‘‘(h) EMPLOYMENT BENEFITS.—
‘‘(1) IN
GENERAL.—The Commission shall fix
employment benefits for the Director and for addi-
tional personnel appointed under section 6(a), in ac-
cordance with paragraphs (2) and (3).
‘‘(2) EMPLOYMENT BENEFITS FOR THE DIREC-
TOR.—
267
HR 3338 EAS
‘‘(A) IN GENERAL.—The Commission shall
determine whether or not to treat the Director as
a Federal employee for purposes of employment
benefits. If the Commission determines that the
Director is to be treated as a Federal employee,
then he or she is deemed to be an employee as
that term is defined by section 2105 of title 5,
United States Code, for purposes of chapters 63,
83, 84, 87, 89, and 90 of that title, and is
deemed to be an employee for purposes of chapter
81 of that title. If the Commission determines
that the Director is not to be treated as a Fed-
eral employee for purposes of employment bene-
fits, then the Commission or its administrative
support service provider shall establish appro-
priate alternative employment benefits for the
Director. The Commission’s determination shall
be irrevocable with respect to each individual ap-
pointed as Director, and the Commission shall
notify the Office of Personnel Management and
the Department of Labor of its determination.
Notwithstanding the Commission’s determina-
tion, the Director’s service is deemed to be Fed-
eral service for purposes of section 8501 of title
5, United States Code.
268
HR 3338 EAS
‘‘(B) DETAILEE SERVING AS DIRECTOR.—
Subparagraph (A) shall not apply to a detailee
who is serving as Director.
‘‘(3) EMPLOYMENT BENEFITS FOR ADDITIONAL
PERSONNEL.—A person appointed to the Commission
staff under subsection (b)(2) is deemed to be an em-
ployee as that term is defined by section 2105 of title
5, United States Code, for purposes of chapters 63,
83, 84, 87, 89, and 90 of that title, and is deemed to
be an employee for purposes of chapter 81 of that
title.’’.
(b) The amendments made by this section shall take
effect as if included in the enactment of the Legislative
Branch Appropriations Act, 2002 (Public Law 107–68).
SEC. 110. (a) Section 133(a) of the Legislative Branch
Appropriations Act, 2001 (Public Law 107–68) is
amended—
(1) by striking ‘‘90-day’’ in paragraph (1) and
inserting ‘‘180-day’’, and
(2) by striking ‘‘90 days’’ in paragraph (2)(C)
and inserting ‘‘180 days’’.
(b) The amendments made by subsection (a) shall take
effect as if included in the enactment of the Legislative
Branch Appropriations Act, 2001 (Public Law 107–68).