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of Congress’’ has the meaning given that term in section
2801 (4) of title 10, United States Code.
SEC. 902. Notwithstanding section 2808(a) of title 10,
United States Code, the Secretary of Defense may not uti-
lize the authority in that section to undertake or authorize
the undertaking of, any military construction project de-
scribed by that section using amounts appropriated or oth-
erwise made available by the Military Construction Appro-
priations Act, 2002, or any act appropriating funds for
Military Construction for a fiscal year before fiscal year
2002.
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
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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
Trust Fund, $57,000,000, to remain available until ex-
pended, to be obligated from amounts made available in
Public Law 107–38.
COAST GUARD
OPERATING EXPENSES
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Oper-
ating Expenses’’, $273,350,000, 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’’, $300,000,000, 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.
FACILITIES AND EQUIPMENT
(AIRPORT AND AIRWAY TRUST FUND)
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Facili-
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ties and Equipment’’, $108,500,000, to be derived from the
Airport and Airway Trust Fund and to remain available
until expended, to be obligated from amounts made avail-
able in Public Law 107–38.
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’’, $12,000,000, to be
derived from the Airport and Airway Trust Fund, to be
obligated from amounts made available 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
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
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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.
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-
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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.
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
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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.
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
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-
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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.
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.
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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’’, $127,603,000, to remain available until
expended, to be obligated from amounts made available in
Public Law 107–38; of this amount, not less than
$21,000,000 shall be available for increased staffing to com-
bat terrorism along the Nation’s borders.
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.
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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
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’’, $29,193,000, to remain available until
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expended, to be obligated from amounts made available in
Public Law 107–38.
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.
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.
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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
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.
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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
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’’, $32,194,000, 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’’, $18,292,000, 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
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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.
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’’,
$5,822,722,000, 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’’, $30,000,000, to remain available until
expended, for the Office of National Preparedness, to be obli-
gated from amounts made available in Public Law 107–
38.
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
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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.
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.
This division may be cited as the ‘‘Emergency Supple-
mental Act, 2002’’.
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DIVISION C—ADDITIONAL SUPPLEMENTAL
APPROPRIATIONS
TITLE I—HOMELAND DEFENSE
CHAPTER 1
DEPARTMENT OF AGRICULTURE
OFFICE OF THE SECRETARY
For an additional amount for ‘‘Office of the Sec-
retary’’, $76,000,000.
AGRICULTURAL RESEARCH SERVICE
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Ex-
penses’’, $60,000,000.
BUILDINGS AND FACILITIES
For an additional amount for ‘‘Buildings and Facili-
ties’’, $150,000,000, to remain available until September
30, 2003.
COOPERATIVE STATE RESEARCH, EDUCATION, AND
EXTENSION SERVICE
RESEARCH AND EDUCATION
For an additional amount for ‘‘Research and Edu-
cation’’, $50,000,000.
ANIMAL AND PLANT HEALTH INSPECTION SERVICE
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ‘‘Salaries and Ex-
penses’’, $90,000,000, of which $50,000,000 may be trans-
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ferred and merged with the Agriculture Quarantine Inspec-
tion User Fee Account.
BUILDINGS AND FACILITIES
For an additional amount for ‘‘Buildings and Facili-
ties’’, $14,081,000, to remain available until September 30,
2003.
FOOD SAFETY AND INSPECTION SERVICE
For an additional amount for ‘‘Food Safety and In-
spection Service’’, $15,000,000.
DEPARTMENT OF HEALTH AND HUMAN
SERVICES
FOOD AND DRUG ADMINISTRATION
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Ex-
penses’’, $120,000,000.
CHAPTER 2
DEPARTMENT OF JUSTICE
GENERAL ADMINISTRATION
PATRIOT ACT ACTIVITIES
For an additional amount to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Patriot
Act Activities’’, $75,000,000, to remain available until Sep-
tember 30, 2003, for implementation of such enhancements
to the Federal Bureau of Investigation as are deemed nec-
essary by the study required under chapter 2 of division
B of this Act: Provided, That funding for the implementa-
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tion of such enhancements shall be treated as a reprogram-
ming under section 605 of Public Law 107–77 and shall
not be available for obligation or expenditure except in com-
pliance with the procedures set forth in that section.
LEGAL ACTIVITIES
SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES
For an additional amount to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Sala-
ries and Expenses, General Legal Activities’’, $15,000,000,
to remain available until September 30, 2003.
SALARIES AND EXPENSES, UNITED STATES MARSHALS
SERVICE
For an additional amount to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Sala-
ries and Expenses, United States Marshals Service’’,
$5,875,000, to remain available until September 30, 2003.
In addition, for an additional amount to respond to
the September 11, 2001, terrorist attacks on the United
States, for courthouse security equipment, $9,125,000, to re-
main available until September 30, 2003.
CONSTRUCTION
For an additional amount to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Con-
struction’’, 
$35,000,000, 
to 
remain 
available 
until
Stepember 30, 2003.
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FEDERAL BUREAU OF INVESTIGATION
SALARIES AND EXPENSES
For an additional amount to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Sala-
ries and Expenses’’, $200,000,000, to remain available until
September 30, 2003.
IMMIGRATION AND NATURALIZATION SERVICE
SALARIES AND EXPENSES
For an additional amount to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Sala-
ries and Expenses’’, $35,100,000, to remain available until
September 30, 2003.
CONSTRUCTION
For an additional amount to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Con-
struction’’, $300,000,000, to remain available until Sep-
tember 30, 2003.
FEDERAL PRISON SYSTEM
SALARIES AND EXPENSES
For an additional amount 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
September 30, 2003.
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OFFICE OF JUSTICE PROGRAMS
JUSTICE ASSISTANCE
For an additional amount to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Justice
Assistance’’, $550,000,000, to remain available until Sep-
tember 30, 2003, for grants, cooperative agreements, and
other assistance authorized by sections 819 and 821 of the
Antiterrorism and Effective Death Penalty Act of 1996 and
for other counter terrorism programs.
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
For an additional amount to respond to the September
11, 2001, terrorist attacks on the United States,
$35,000,000 shall be for discretionary grants under the Ed-
ward Byrne Memorial State and Local Law Enforcement
Assistance Program, to remain available until September
30, 2003.
DEPARTMENT OF COMMERCE
NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY
SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES
For an additional amount to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Sci-
entific and Technical Research and Services’’, $30,000,000,
to remain available until September 30, 2003.
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RELATED AGENCIES
DEPARTMENT OF TRANSPORTATION
MARITIME ADMINISTRATION
OPERATIONS AND TRAINING
For an additional amount to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Oper-
ations and Training’’, $11,000,000, for a port security pro-
gram, to remain available until September 30, 2003.
MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM
ACCOUNT
For an additional amount to respond to the September
11, 2001, terrorist attacks on the United States, for the cost
of guaranteed loans, as authorized by the Merchant Marine
Act, 1936, $12,000,000, to remain available until Sep-
tember 30, 2003: Provided, That such costs, including the
cost of modifying such loans, shall be as defined in section
502 of the Congressional Budget Act of 1974, as amended.
FEDERAL TRADE COMMISSION
SALARIES AND EXPENSES
For an additional amount 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
September 30, 2003.
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CHAPTER 3
DEPARTMENT OF ENERGY
ATOMIC ENERGY DEFENSE ACTIVITIES
NATIONAL NUCLEAR SECURITY ADMINISTRATION
WEAPONS ACTIVITIES
For an additional amount 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’’,
$179,000,000, to remain available until September 30,
2003.
DEFENSE NUCLEAR NONPROLIFERATION
For an additional amount to respond to the September
11, 2001, terrorist attacks on the United States, and for
other expenses to improve nuclear nonproliferation and
verification research and development, for ‘‘Defense Nuclear
Nonproliferation’’, $286,000,000, to remain available until
September 30, 2003.
INDEPENDENT AGENCY
NUCLEAR REGULATORY COMMISSION
SALARIES AND EXPENSES
For an additional amount 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 power plants, for ‘‘Salaries and Expenses’’,
$36,000,000, to remain available until September 30, 2003:
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Provided, That the funds appropriated herein shall be ex-
cluded from license fee revenues, notwithstanding 42 U.S.C.
2214.
CHAPTER 4
DEPARTMENT OF HEALTH AND HUMAN
SERVICES
OFFICE OF THE SECRETARY
PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND
For an additional amount for emergency expenses nec-
essary to support activities related to countering potential
biological, disease, and chemical threats to civilian popu-
lations, for ‘‘Public Health and Social Services Emergency
Fund’’, $3,325,000,000, to remain available until Sep-
tember 30, 2003. Of this amount, $1,150,000,000 shall be
for the Centers for Disease Control and Prevention for im-
proving State and local capacity; $165,000,000 shall be for
grants to hospitals, in collaboration with local governments,
to 
improve 
capacity 
to 
respond 
to 
bioterrorism;
$185,000,000 shall be for upgrading capacity at the Centers
for Disease Control and Prevention, including research;
$10,000,000 shall be for the establishment and operation of
a 
national 
system 
to 
track 
biological 
pathogens;
$95,000,000 shall be for the Office of the Secretary and im-
proving disaster response teams; $125,000,000 shall be for
the National Institute of Allergy and Infectious Diseases for
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bioterrorism-related research and development and other re-
lated needs; $96,000,000 shall be for the National Institute
of Allergy and Infectious Diseases for the construction of
biosafety laboratories and related infrastructure costs;
$4,000,000 shall be for training and education regarding
effective workplace responses to bioterrorism; $593,000,000
shall be for the National Pharmaceutical Stockpile;
$829,000,000 shall be for the purchase, deployment and re-
lated costs of the smallpox vaccine, and $73,000,000 shall
be for improving laboratory security at the National Insti-
tutes of Health and the Centers for Disease Control and Pre-
vention. At the discretion of the Secretary, these amounts
may be transferred between categories subject to normal re-
programming procedures.
CHAPTER 5
DEPARTMENT OF TRANSPORTATION
COAST GUARD
OPERATING EXPENSES
For an additional amount to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Oper-
ating Expenses’’, $12,000,000, to remain available until
September 30, 2003.
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FEDERAL AVIATION ADMINISTRATION
RESEARCH, ENGINEERING, AND DEVELOPMENT
(AIRPORT AND AIRWAY TRUST FUND)
For an additional amount to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Re-
search, Engineering, and Development’’, $38,000,000, to be
derived from the Airport and Airway Trust Fund.
GRANTS-IN-AID FOR AIRPORTS
(AIRPORT AND AIRWAY TRUST FUND)
For an additional amount 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 September 30, 2003.
CHAPTER 6
DEPARTMENT OF THE TREASURY
UNITED STATES CUSTOMS SERVICE
SALARIES AND EXPENSES
For an additional amount to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Sala-
ries and Expenses’’, $270,972,000, to remain available until
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September 30, 2003; of this amount, not less than
$120,000,000 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
$135,000,000 shall be available for the procurement and de-
ployment of non-intrusive and counterterrorism inspection
technology, equipment and infrastructure improvements to
combat terrorism at the land and sea border ports of entry.
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF ADMINISTRATION
SALARIES AND EXPENSES
For an additional amount to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Sala-
ries and Expenses’’, $20,847,000, to remain available until
September 30, 2003.
POSTAL SERVICE
PAYMENT TO THE POSTAL SERVICE FUND
For an additional payment 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
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of the September 11, 2001, terrorist attacks, $875,000,000,
to remain available until September 30, 2003.
CHAPTER 7
INDEPENDENT AGENCIES
ENVIRONMENTAL PROTECTION AGENCY
ENVIRONMENTAL PROGRAMS AND MANAGEMENT
For an additional amount 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’’, $6,000,000, to re-
main available until September 30, 2003.
HAZARDOUS SUBSTANCE SUPERFUND
For an additional amount 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’’, $23,000,000, to remain
available until September 30, 2003.
FEDERAL EMERGENCY MANAGEMENT AGENCY
EMERGENCY MANAGEMENT PLANNING AND ASSISTANCE
(INCLUDING TRANSFER OF FUNDS)
For an additional amount 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’’,
$300,000,000, to remain available until September 30,
2003, for programs as authorized by section 33 of the Fed-
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eral Fire Prevention and Control Act of 1974, as amended
(15 U.S.C. 2201 et seq.): Provided, That up to 5 percent
of this amount shall be transferred to ‘‘Salaries and ex-
penses’’ for program administration.
GENERAL PROVISION, THIS TITLE
SEC. 101. EMERGENCY DESIGNATION. (a) All amounts
appropriated in this title are designated by the Congress
as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Def-
icit Control Act of 1985, as amended.
(b) None of the funds in this title shall be available
for obligation unless all of the funds in this title are des-
ignated as an emergency requirement as defined in the Bal-
anced Budget and Emergency Deficit Control Act of 1985,
as amended, in an official budget request transmitted by
the President to the Congress.
TITLE II—ASSISTANCE TO NEW YORK, VIRGINIA,
AND PENNSYLVANIA
INDEPENDENT AGENCY
FEDERAL EMERGENCY MANAGEMENT AGENCY
DISASTER RELIEF
For an additional amount for ‘‘Disaster Relief’’,
$7,500,000,000, to remain available until expended for dis-
aster recovery activities and assistance related to the ter-
rorist attacks in New York, Virginia and Pennsylvania on
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September 11, 2001: Provided, That such amount is des-
ignated by the Congress as an emergency requirement pur-
suant to section 251(b)(2)(A) of the Balanced Budget and
Deficit Control Act of 1985, as amended: Provided further,
That such amount shall be available only to the extent that
an official budget request, that includes designation of the
entire amount of the request as an emergency requirement
as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the
President to the Congress.
GENERAL PROVISION, THIS DIVISION
SEC. 102. Notwithstanding section 257(c) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985,
the amount of discretionary budget authority for any ac-
count for fiscal year 2003 and subsequent years included
in any baseline budget projections made by the Office of
Management and Budget or the Congressional Budget Office
pursuant to that section shall not reflect any appropriation
for fiscal year 2002 provided in this division.
DIVISION D—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:
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‘‘(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
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
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(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
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 E—TECHNICAL CORRECTIONS
SEC. 101. Title VI of the Agriculture, Rural Develop-
ment, Food and Drug Administration, and Related Agen-
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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’’.
SEC. 104. 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. 105. JICARILLA, NEW
MEXICO, MUNICIPAL
WATER SYSTEM. Public Law 107–66 is amended—
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(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
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
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$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. 106. (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. 107. Section 102 of the Legislative Branch Ap-
propriations Act, 2002 (Public Law 107–68) is amended—
(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)’’.
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SEC. 108. (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.—
‘‘(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
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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.
‘‘(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.’’.