H. R. 3338—83
(4) other artifacts, recordings, and testimonials that the
Secretary of the Smithsonian Institution determines have
lasting historical significance.
(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to the Smithsonian Institution $5,000,000 to
carry out this section.
SEC. 702. Section 29 of Public Law 92–203, as enacted under
section 4 of Public Law 94–204 (43 U.S.C. 1626), is amended by
adding at the end of subsection (e) the following:
‘‘(4)(A) Congress confirms that Federal procurement pro-
grams for tribes and Alaska Native Corporations are enacted
pursuant to its authority under Article I, Section 8 of the
United States Constitution.
‘‘(B) Contracting with an entity defined in subsection (e)(2)
of this section or section 3(c) of Public Law 93–262 shall be
credited towards the satisfaction of a contractor’s obligations
under section 7 of Public Law 87–305.
‘‘(C) Any entity that satisfies subsection (e)(2) of this section
that has been certified under section 8 of Public Law 85–
536 is a Disadvantaged Business Enterprise for the purposes
of Public Law 105–178.’’.
CHAPTER 8
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 ‘‘Training 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 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 Operations’’, $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 ‘‘Workers 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 pay-
ment to the New York State Workers Compensation Review Board,
for the processing of claims related to the terrorist attacks: Provided
further, That, of such amount, $25,000,000 shall be for payment
H. R. 3338—84
to the New York State Uninsured Employers Fund, for reimburse-
ment 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 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 ‘‘Salaries 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 ‘‘Salaries 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 ‘‘Salaries and Expenses’’,
$5,880,000, to remain available until expended, to be obligated
from amounts made available in Public Law 107–38.
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 screening for the emergency serv-
ices personnel and rescue and recovery personnel, $12,000,000,
to remain available until expended, to be obligated from amounts
made available in Public Law 107–38.
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 Medicare and Medicaid enrolled
suppliers and institutional providers 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 obligated
H. R. 3338—85
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.
For emergency expenses necessary to support activities related
to countering potential biological, disease, and chemical threats
to civilian populations, for ‘‘Public Health and Social Services Emer-
gency Fund’’, $2,504,314,000, to remain available until expended,
to be obligated from amounts made available in Public Law 107–
38. Of this amount, $865,000,000 shall be for the Centers for
Disease Control and Prevention for improving State and local
capacity; $135,000,000 shall be for grants to improve hospital
capacity to respond to bioterrorism; $100,000,000 shall be for
upgrading capacity at the Centers for Disease Control and Preven-
tion, including research: Provided, That up to $10,000,000 of this
amount shall be for the tracking and control of biological pathogens;
$85,000,000 shall be for the National Institute of Allergy and Infec-
tious Diseases for bioterrorism-related research and development
and other related needs; $70,000,000 shall be for the National
Institute of Allergy and Infectious Diseases for the construction
of a biosafety laboratory and related infrastructure costs;
$593,000,000 shall be for the National Pharmaceutical Stockpile;
$512,000,000 shall be for the purchase of smallpox vaccine;
$71,000,000 shall be for improving laboratory security at the
National Institutes of Health and the Centers for Disease Control
and Prevention; $7,500,000 shall be for environmental hazard con-
trol activities conducted by the Centers for Disease Control and
Prevention; $10,000,000 shall be for the Substance Abuse and
Mental Health Services Administration; and $55,814,000 shall be
for bioterrorism preparedness and disaster response activities in
the Office of the Secretary. At the discretion of the Secretary,
these amounts may be transferred between categories subject to
normal reprogramming procedures.
DEPARTMENT OF EDUCATION
SCHOOL IMPROVEMENT PROGRAMS
For emergency expenses to provide education-related services
to local educational agencies in which the learning environment
has been disrupted due to a violent or traumatic crisis, for the
Project 
School 
Emergency 
Response 
to 
Violence 
program,
$10,000,000, to remain available until expended, and to be obligated
from amounts made available in Public Law 107–38.
RELATED AGENCIES
NATIONAL LABOR RELATIONS BOARD
SALARIES AND EXPENSES
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ‘‘Salaries and Expenses’’,
$180,000, to remain available until expended, to be obligated from
amounts made available in Public Law 107–38.
H. R. 3338—86
SOCIAL SECURITY ADMINISTRATION
LIMITATION ON ADMINISTRATIVE EXPENSES
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ‘‘Limitation on Adminis-
trative Expenses’’, $7,500,000, to remain available until expended,
to be obligated from amounts made available in Public Law 107–
38.
CHAPTER 9
LEGISLATIVE BRANCH
JOINT ITEMS
LEGISLATIVE BRANCH EMERGENCY RESPONSE FUND
(INCLUDING TRANSFER OF FUNDS)
For emergency expenses to respond to the terrorist attacks
on the United States, $256,081,000, to remain available until
expended, to be obligated from amounts made available in Public
Law 107–38: Provided, That $34,500,000 shall be transferred to
‘‘Senate’’, ‘‘Sergeant at Arms and Doorkeeper of the Senate’’, and
shall be obligated with the prior approval of the Senate Committee
on Appropriations: Provided further, That $41,712,000 shall be
transferred to ‘‘House of Representatives’’, ‘‘Salaries and Expenses’’,
and shall be obligated with the prior approval of the House Com-
mittee on Appropriations: Provided further, That $31,000,000 shall
be transferred to ‘‘Capitol Police Board’’, ‘‘Capitol Police’’, ‘‘General
Expenses’’: Provided further, That $350,000 shall be transferred
to ‘‘Capitol Guide Service and Special Services Office’’: Provided
further, That $106,304,000 shall be transferred to ‘‘Architect of
the Capitol’’, ‘‘Capitol Buildings and Grounds’’, ‘‘Capitol Buildings’’:
Provided further, That $29,615,000 shall be transferred to ‘‘Library
of Congress’’, ‘‘Salaries and Expenses’’: Provided further, That
$4,000,000 shall be transferred to the ‘‘Government Printing Office’’,
‘‘Government Printing Office Revolving Fund’’: Provided further,
That $7,600,000 shall be transferred to ‘‘General Accounting Office’’,
‘‘Salaries and Expenses’’: Provided further, That $1,000,000 shall
be transferred as a grant to the United States Capitol Historical
Society: Provided further, That any Legislative Branch entity
receiving funds pursuant to the Emergency Response Fund estab-
lished 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 account 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. 901. (a) ACQUISITION
OF BUILDINGS
AND FACILITIES.—
Notwithstanding any other provision of law, in order to respond
to an emergency situation, the Sergeant at Arms of the Senate
H. R. 3338—87
may acquire buildings and facilities for the use of the Senate,
as appropriate, by lease, purchase, or such other arrangement as
the Sergeant at Arms of the Senate considers appropriate (including
a memorandum of understanding 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 provision of law,
for purposes of carrying out subsection (a), the Sergeant at Arms
of the Senate may carry out such activities and enter into such
agreements related to the use of any building or facility acquired
pursuant to such subsection as the Sergeant at Arms of the Senate
considers appropriate, 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 maintenance of such
building or facility.
(c) AUTHORITY OF CAPITOL POLICE AND ARCHITECT.—
(1) ARCHITECT
OF
THE
CAPITOL.—Notwithstanding 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 facility.’’.
(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 Architect 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 acquiring a building or facility pursuant to subsection
(a).
(e) EFFECTIVE DATE.—This section and the amendments made
by this section shall apply with respect to fiscal year 2002 and
each succeeding fiscal year.
SEC. 902. (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 understanding under which the agency may
provide facilities, equipment, supplies, personnel, and other
H. R. 3338—89
(d) TRANSFER
OF CERTAIN FUNDS.—Subject to the approval
of the Committee on Appropriations of the House of Representatives,
the Architect of the Capitol may transfer to the Chief Administra-
tive Officer amounts made available to the Architect for necessary
expenses for the maintenance, care and operation of the House
office buildings during a fiscal year in order to cover any portion
of the costs incurred by the Chief Administrative Officer during
the year in acquiring a building or facility pursuant to subsection
(a).
(e) EFFECTIVE DATE.—This section and the amendments made
by this section shall apply with respect to fiscal year 2002 and
each succeeding fiscal year.
SEC. 904. (a) Notwithstanding any other provision of law—
(1) subject to subsection (b), the Chief Administrative
Officer of the House of Representatives and the head of an
executive agency (as defined in section 105 of title 5, United
States Code) may enter into a memorandum of understanding
under which the agency may provide facilities, equipment, sup-
plies, personnel, and other support services for the use of the
House of Representatives during an emergency situation; and
(2) the Chief Administrative Officer and the head of the
agency may take any action necessary to carry out the terms
of the memorandum of understanding.
(b) The Chief Administrative Officer of the House of Representa-
tives may not enter into a memorandum of understanding described
in subsection (a)(1) without the approval of the Speaker of the
House of Representatives.
(c) This section shall apply with respect to fiscal year 2002
and each succeeding fiscal year.
SEC. 905. (a) There is established in the House of Representa-
tives an office to be known as the House of Representatives Office
of Emergency Planning, Preparedness, and Operations. The Office
shall be responsible for mitigation and preparedness operations,
crisis management and response, resource services, and recovery
operations.
(b) The Speaker, in consultation with the minority leader—
(1) shall provide policy direction for, and oversight of, the
Office;
(2) shall appoint and set the annual rate of pay for
employees of the Office, including a Director, who shall be
the head of the Office;
(3) shall exercise, with respect to any employee of the
Office, the authority referred to in section 8344(k)(2)(B) of
title 5, United States Code, and the authority referred to in
section 8468(h)(2)(B) of title 5, United States Code;
(4) shall approve procurement of services of experts and
consultants by the Office or by committees or other entities
of the House of Representatives for assignment to the Office;
and
(5) may request the head of any Federal department or
agency to detail to the Office, on a reimbursable basis, any
of the personnel of the department or agency.
(c) The day-to-day operations of the Office shall be carried
out by the Director, under the supervision of a Board, to be known
as the House of Representatives Continuity of Operations Board,
comprised of the Clerk, the Sergeant at Arms, and the Chief
H. R. 3338—90
Administrative Officer of the House of Representatives. The Clerk
shall be the Chairman of the Board.
(d) Until otherwise provided by law, funds shall be available
for the Office from amounts appropriated for the operations of
the House of Representatives.
(e) This section shall take effect on the date of the enactment
of this Act and shall apply to fiscal years beginning with fiscal
year 2002.
SEC. 906. (a) As determined by the Sergeant at Arms of the
House of Representatives, any anthrax-contaminated mail delivered
by the United States Postal Service to the House of Representatives
shall be destroyed or otherwise disposed of.
(b) No action taken under this section may serve as a basis
for civil or criminal liability of any individual or entity.
(c) As used in this section, the term ‘‘anthrax-contaminated
mail’’ means any mail matter that, as determined by the Sergeant
at Arms, by reason of the events of October 2001—
(1) is contaminated by anthrax or any other substance
the mailing of which is prohibited by section 1716 of title
18, United States Code, or any other law of the United States;
or
(2) may be so contaminated, but the ascertainment of which
is not technically feasible or is otherwise impracticable.
(d) This section shall apply with respect to fiscal year 2002
and each succeeding fiscal year.
OTHER LEGISLATIVE BRANCH
ADMINISTRATIVE PROVISIONS
SEC. 907. (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 Ser-
geant at Arms and Doorkeeper of the Senate.’’.
(b) The Assistant Chief of the Capitol Police shall receive com-
pensation at a rate determined by the Capitol Police 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 section shall
apply with respect to pay periods beginning on or after the date
of the enactment of this Act.
SEC. 908. (a) The Capitol Police Board may, in order to recruit
or retain qualified personnel, establish and maintain a program
under which the Capitol Police may agree to repay (by direct
payments on behalf of a civilian employee or member of the Capitol
Police) all or a portion of any student loan previously taken out
by such employee or member.
(b) The Capitol Police Board may, by regulation, make
applicable such provisions of section 5379 of title 5, United States
Code, as the Board determines necessary to provide for such pro-
gram.
(c) The regulations shall provide that the amount paid by
the Capitol Police may not exceed—
(1) $6,000 for any civilian employee or member of the
Capitol Police in any calendar year; or
H. R. 3338—91
(2) a total of $40,000 in the case of any employee or
member.
(d) The Capitol Police may not reimburse a civilian employee
or member of the Capitol Police for any repayments made by
such employee or member prior to the Capitol Police entering into
an agreement under this section with such employee or member.
(e) Any amount repaid by, or recovered from, an individual
under this section and its implementing regulations shall be cred-
ited to the appropriation account available for salaries and expenses
of the Capitol Police at the time of repayment or recovery. Such
credited amount may be used for any authorized purpose of the
account and shall remain available until expended.
(f) This section shall apply to fiscal year 2002 and each fiscal
year thereafter.
SEC. 909. (a) RECRUITMENT AND RELOCATION BONUSES.—
(1) AUTHORIZATION OF PAYMENT.—The Capitol Police Board
(hereafter in this section referred to as the ‘‘Board’’) may
authorize the Chief of the United States Capitol Police (here-
after in this section referred to as the ‘‘Chief’’) to pay a bonus
to an individual who is newly appointed to a position as an
officer or employee of the Capitol Police, and to pay an addi-
tional bonus to an individual who must relocate to accept
a position as an officer or employee of the Capitol Police,
if the Board determines that the Capitol Police would be likely,
in the absence of such a bonus, to encounter difficulty in filling
the position.
(2) AMOUNT OF PAYMENT.—The amount of a bonus under
this subsection shall be determined by regulations of the Board,
but the amount of any bonus paid to an individual under
this subsection may not exceed 25 percent of the annual rate
of basic pay of the position to which the individual is being
appointed.
(3) MINIMUM PERIOD OF SERVICE REQUIRED.—Payment of
a bonus under this subsection shall be contingent upon the
individual entering into an agreement with the Capitol Police
to complete a period of employment with the Capitol Police,
with the required period determined pursuant to regulations
of the Board. If the individual voluntarily fails to complete
such period of service or is separated from the service before
completion of such period of service for cause on charges of
misconduct or delinquency, the individual shall repay the bonus
on a pro rata basis.
(4) BONUS NOT CONSIDERED PART OF BASIC PAY.—A bonus
under this subsection shall be paid as a lump sum, and may
not be considered to be part of the basic pay of the officer
or employee.
(5) PAYMENT
PERMITTED
PRIOR
TO
COMMENCEMENT
OF
DUTY.—Under regulations of the Board, a bonus under this
subsection may be paid to a newly-hired officer or employee
before the officer or employee enters on duty.
(b) RETENTION ALLOWANCES.—
(1) AUTHORIZATION OF PAYMENT.—The Board may authorize
the Chief to pay an allowance to an officer or employee of
the United States Capitol Police if—
(A) the unusually high or unique qualifications of the
officer or employee or a special need of the Capitol Police
H. R. 3338—92
for the officer’s or employee’s services makes it essential
to retain the officer or employee; and
(B) the Chief determines that the officer or employee
would be likely to leave in the absence of a retention
allowance.
(2) AMOUNT OF PAYMENT.—A retention allowance, which
shall be stated as a percentage of the rate of basic pay of
the officer or employee, may not exceed 25 percent of such
rate of basic pay.
(3) PAYMENT NOT CONSIDERED PART OF BASIC PAY.—A reten-
tion allowance may not be considered to be part of the basic
pay of an officer or employee, and the reduction or elimination
of a retention allowance may not be appealed. The preceding
sentence shall not be construed to extinguish or lessen any
right or remedy under any of the laws made applicable to
the Capitol Police pursuant to section 102 of the Congressional
Accountability Act of 1995 (2 U.S.C. 1302).
(4) TIME AND MANNER OF PAYMENT.—A retention allowance
under this subsection shall be paid at the same time and
in the same manner as the officer’s or employee’s basic pay
is paid.
(c) LUMP SUM INCENTIVE AND MERIT BONUS PAYMENTS.—
(1) IN GENERAL.—The Board may pay an incentive or merit
bonus to an officer or employee of the United States Capitol
Police who meets such criteria for receiving the bonus as the
Board may establish.
(2) BONUS NOT CONSIDERED PART OF BASIC PAY.—A bonus
under this subsection shall be paid as a lump sum, and may
not be considered to be part of the basic pay of the officer
or employee.
(d) SERVICE STEP INCREASES FOR MERITORIOUS SERVICE FOR
OFFICERS.—Upon the approval of the Chief—
(1) an officer of the United States Capitol Police in a
service step who has demonstrated meritorious service (in
accordance with criteria established by the Chief or the Chief’s
designee) may be advanced in compensation to the next higher
service step, effective with the first pay period which begins
after the date of the Chief’s approval; and
(2) an officer of the United States Capitol Police in a
service step who has demonstrated extraordinary performance
(in accordance with criteria established by the Chief or the
Chief’s designee) may be advanced in compensation to the
second next higher service step, effective with the first pay
period which begins after the date of the Chief’s approval.
(e) ADDITIONAL COMPENSATION
FOR FIELD TRAINING OFFI-
CERS.—
(1) IN GENERAL.—Each officer of the United States Capitol
Police who is assigned to duty as a field training officer shall
receive, in addition to the officer’s scheduled rate of compensa-
tion, an additional amount determined by the Board (but not
to exceed $2,000 per annum).
(2) MANNER
OF
PAYMENT.—The additional compensation
authorized by this subsection shall be paid to the officer in
the same manner as the officer is paid basic compensation,
except that when the officer ceases to be assigned to duty
as a field training officer, the loss of such additional compensa-
tion shall not constitute an adverse action for any purpose.
H. R. 3338—93
(f) REGULATIONS.—
(1) IN GENERAL.—The payment of bonuses, allowances, step
increases, compensation, and other payments pursuant to this
section shall be carried out in accordance with regulations
prescribed by the Board.
(2) APPROVAL.—The regulations prescribed pursuant to this
subsection shall be subject to the approval of the Committee
on Rules and Administration of the Senate, the Committee
on House Administration of the House of Representatives, and
the Committees on Appropriations of the Senate and the House
of Representatives.
(g) EFFECTIVE DATE.—This section shall apply with respect
to fiscal year 2002 and each succeeding fiscal year.
SEC. 910. In addition to the authority provided under section
121 of the Legislative Branch Appropriations Act, 2002, at any
time on or after the date of the enactment of this Act, the Capitol
Police Board may accept contributions of comfort and other inci-
dental items and services to support officers and employees of
the United States Capitol Police while such officers and employees
are on duty in response to emergencies involving the safety of
human life or the protection of property.
SEC. 911. ASSISTANCE BY EXECUTIVE DEPARTMENTS AND AGEN-
CIES TO THE CAPITOL POLICE. (a) ASSISTANCE.—
(1) IN
GENERAL.—Executive departments and Executive
agencies may assist the United States Capitol Police in the
performance of its duties by providing services (including per-
sonnel), equipment, and facilities on a temporary and reimburs-
able basis when requested by the Capitol Police Board and
on a permanent and reimbursable basis upon advance written
request of the Capitol Police Board; except that the Department
of Defense and the Coast Guard may provide such assistance
on a temporary basis without reimbursement when assisting
the United States Capitol Police in its duties directly related
to protection under the Act of July 31, 1946 (40 U.S.C. 212a–
2). Before making a request under this paragraph, the Capitol
Police Board shall consult with appropriate Members of the
Senate and House of Representatives in leadership positions,
except in an emergency.
(2) PROCUREMENT.—No services (including personnel),
equipment, or facilities may be ordered, purchased, leased,
or otherwise procured for the purposes of carrying out the
duties of the United States Capitol Police by persons other
than officers or employees of the Federal Government duly
authorized by the Chairman of the Capitol Police Board to
make such orders, purchases, leases, or procurements.
(3) EXPENDITURES
OR
OBLIGATION
OF
FUNDS.—No funds
may be expended or obligated for the purpose of carrying out
this section other than funds specifically appropriated to the
Capitol Police Board or the United States Capitol Police for
those purposes with the exception of—
(A) expenditures made by the Department of Defense
or the Coast Guard from funds appropriated to the Depart-
ment of Defense or the Coast Guard in providing assistance
on a temporary basis to the United States Capitol Police
in the performance of its duties directly related to protec-
tion under the Act of July 31, 1946 (40 U.S.C. 212a–
2); and
H. R. 3338—94
(B) expenditures made by Executive departments and
agencies, in providing assistance at the request of the
United States Capitol Police in the performance of its
duties, and which will be reimbursed by the United States
Capitol Police under this section.
(4) PROVISION OF ASSISTANCE.—Assistance under this sec-
tion shall be provided—
(A) 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);
(B) upon the advance written request of—
(i) the Capitol Police Board; or
(ii) in an emergency—
(I) the Sergeant at Arms and Doorkeeper of
the Senate in any matter relating to the Senate;
or
(II) the Sergeant at Arms of the House of
Representatives in any matter relating to the
House of Representatives; and
(C)(i) on a temporary and reimbursable basis;
(ii) on a permanent reimbursable basis upon advance
written request of the Capitol Police Board; or
(iii) on a temporary basis without reimbursement by
the Department of Defense and the Coast Guard as
described under paragraph (1).
(b) REPORTS.—
(1) SUBMISSION.—With respect to any fiscal year in which
an executive department or executive agency provides assist-
ance under this section, the head of that department or agency
shall submit a report not later than 90 days after the end
of the fiscal year to the Chairman of the Capitol Police Board.
(2) CONTENT.—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.—After receipt of all reports under paragraph
(2) with respect to any fiscal year, the Chairman of the Capitol
Police Board shall submit a summary of such reports to the
Committees on Appropriations of the Senate and the House
of Representatives.
(c) EFFECTIVE DATE.—This section shall take effect on the date
of enactment of this Act and apply to each fiscal year occurring
after such date.
SEC. 912. (a)(1) In the event of an emergency, as determined
by the Capitol Police Board, or of a joint session of Congress,
the Chief of the Capitol Police may enter into agreements—
(A) with the District of Columbia to deputize members
of the District of Columbia National Guard, who are qualified
for law enforcement functions, for duty with the Captiol Police
for the purpose of policing the Capitol grounds; and
(B) with any appropriate governmental law enforcement
authority to deputize law enforcement officers for duty with
the Capitol Police for the purpose of policing the Capitol
grounds.
(2) Any agreement under paragraph (1) shall be subject to
initial approval by the Capitol Police Board and to final approval
by the Speaker of the House of Representatives (in consultation
H. R. 3338—95
with the Minority Leader of the House of Representatives) and
the President pro tempore of the Senate (in consultation with the
Minority Leader of the Senate), acting jointly.
(b) Subject to approval by the Speaker of the House of Rep-
resentatives (in consultation with the Minority Leader of the House
of Representatives) and the President pro tempore of the Senate
(in consultation with the Minority Leader of the Senate), acting
jointly, the Capitol Police Board shall prescribe regulations to carry
out this section.
(c) This section shall expire on September 30, 2002.
SEC. 913. (a) Notwithstanding any other provision of law, the
United States Capitol Preservation Commission established under
section 801 of the Arizona-Idaho Conservation Act of 1988 (40
U.S.C. 188a) may transfer to the Architect of the Capitol amounts
in the Capitol Preservation Fund established under section 803
of such Act (40 U.S.C. 188a–2) if the amounts are to be used
by the Architect for the planning, engineering, design, or construc-
tion 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.
SEC. 914. (a) In accordance with the authority described in
section 308(a) of the Legislative Branch Appropriations Act, 1988
(40 U.S.C. 166b–3a(a)), section 108 of the Legislative Branch Appro-
priations Act, 1991 (40 U.S.C. 166b–3b), as amended by section
129(c)(1) of the Legislative Branch Appropriations Act, 2002, is
amended by adding at the end the following new subsection:
‘‘(c) The Architect of the Capitol may fix the rate of basic
pay for not more than 4 positions for Executive Project Directors
whose salary is payable from project funds, at a rate not to exceed
95 percent of the highest total rate of pay for the Senior Executive
Service under subchapter VIII of chapter 53 of title 5, United
States Code, for the locality involved.’’.
(b) The amendment made by subsection (a) shall apply with
respect to pay periods beginning on or after October 1, 2001.
SEC. 915. (a) Public Law 107–68 is amended by adding at
the end the following:
‘‘This Act may be cited as the ‘Legislative Branch Appropria-
tions Act, 2002’.’’.
(b) The amendment made by subsection (a) shall take effect
as if included in the enactment of Public Law 107–68.
SEC. 916. Section 102 of the Legislative Branch Appropriations
Act, 2002 (Public Law 107–68) is amended—
(1) in subsection (a), by striking paragraph (1) and redesig-
nating paragraphs (2) through (6) as paragraphs (1) through
(5), respectively;
(2) in subsection (g)(1)—
(A) in subparagraph (A), by striking ‘‘subsection
(i)(1)(A)’’ and inserting ‘‘subsection (h)(1)(A)’’; and
(B) in subparagraph (B), by striking ‘‘subsection
(i)(1)(B)’’ and inserting ‘‘subsection (h)(1)(B)’’.
SEC. 917. (a) Section 209 of the Legislative Branch Appropria-
tions 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 subsection (g) and inserting
H. R. 3338—96
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 additional personnel appointed
under section 6(a), in accordance with paragraphs (2) and (3).
‘‘(2) EMPLOYMENT BENEFITS FOR THE DIRECTOR.—
‘‘(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
Federal employee for purposes of employment benefits, then
the Commission or its administrative support service pro-
vider shall establish appropriate alternative employment
benefits for the Director. The Commission’s determination
shall be irrevocable with respect to each individual
appointed as Director, and the Commission shall notify
the Office of Personnel Management and the Department
of Labor of its determination. Notwithstanding the
Commission’s determination, the Director’s service is
deemed to be Federal 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 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.’’.
(b) The amendments made by this section shall take effect
as if included in the enactment of the Legislative Branch Appropria-
tions Act, 2002 (Public Law 107–68).
SEC. 918. (a) Section 133(a) of the Legislative Branch Appro-
priations Act, 2002 (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 Appropria-
tions Act, 2002 (Public Law 107–68).
H. R. 3338—97
CHAPTER 10
DEPARTMENT OF DEFENSE
MILITARY CONSTRUCTION
MILITARY CONSTRUCTION, ARMY
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ‘‘Military Construction,
Army’’, $20,700,000, to remain available until expended: Provided,
That these funds shall be obligated from amounts made available
in Public Law 107–38.
MILITARY CONSTRUCTION, NAVY
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ‘‘Military Construction,
Navy’’, $2,000,000, to remain available until expended: Provided,
That these funds shall be obligated from amounts made available
in Public Law 107–38.
MILITARY CONSTRUCTION, AIR FORCE
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ‘‘Military Construction,
Air Force’’, $46,700,000, to remain available until expended: Pro-
vided, That these funds shall be obligated from amounts made
available in Public Law 107–38.
MILITARY CONSTRUCTION, DEFENSE-WIDE
(INCLUDING TRANSFER OF FUNDS)
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ‘‘Military Construction,
Defense-wide’’, $35,000,000 to remain available until expended, to
be obligated from amounts made available in Public Law 107–
38: Provided, That such amount shall be available for transfer
to ‘‘Military Construction, Army’’.
GENERAL PROVISIONS, THIS CHAPTER
SEC. 1001. (a) AVAILABILITY
OF
AMOUNTS
FOR
MILITARY
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 construc-
tion projects, not otherwise authorized by law, that the Secretary
of Defense determines are necessary to respond to or protect against
acts or threatened acts of terrorism.
(b) NOTICE TO CONGRESS.—Not later than 15 days before obli-
gating amounts available under subsection (a) for military construc-
tion projects referred to in that subsection the Secretary shall
notify the appropriate committees of Congress of the following:
(1) The determination to use such amounts for the project.
(2) The estimated cost of the project and the accompanying
Form 1391.
(c) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this
section the term ‘‘appropriate committees of Congress’’ has the
H. R. 3338—100
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 the ‘‘Emergency 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 expended, 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 expended, 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 necessary expenses of
capital improvements of the National Railroad Passenger Corpora-
tion as authorized by 49 U.S.C. 24104(a), $100,000,000, to remain
available until expended, 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 ‘‘Formula Grants’’,
$23,500,000, to remain available until expended, 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 ‘‘Capital Investment
Grants’’, $100,000,000, to remain available until expended, and
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.
H. R. 3338—101
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 ‘‘Research and Special
Programs,’’ $2,500,000, 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 responsibilities, for ‘‘Salaries
and Expenses’’, $1,300,000, to remain available until September
30, 2003, 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 ‘‘Salaries and Expenses,’’
$650,000, to remain available until September 30, 2003, to be
obligated from amounts made available in Public Law 107–38.
GENERAL PROVISIONS, THIS CHAPTER
SEC. 1101. 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), respectively;
(2) by inserting after subparagraph (B) the following new
subparagraph (C):
‘‘(C) FOLLOW-ON DEPLOYMENT.—(i) After an intelligent
transportation infrastructure system deployed in an initial
deployment area pursuant to a contract entered into under
the program under this paragraph has received system
acceptance, the Department of Transportation has the
authority to extend the original contract that was competi-
tively awarded for the deployment 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 competitively
selected consortium leader, as were used for the deployment
in that initial deployment area under the program.
‘‘(ii) If any one of the follow-on deployment areas does
not commit, by July 1, 2002, to participate in the deploy-
ment of the system under the contract, then, upon applica-
tion by any of the other follow-on deployment areas that
have committed by that date to participate in the deploy-
ment of the system, the Secretary shall supplement the
funds made available for any of the follow-on deployment
H. R. 3338—102
areas submitting the applications by using for that purpose
the funds not used for deployment of the system in the
nonparticipating area. Costs paid out of funds provided
in such a supplementation shall not be counted for the
purpose of the limitation on maximum cost set forth in
subparagraph (B).’’;
(3) by inserting after subparagraph (D), as redesignated
by paragraph (1), the following new subparagraph (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 Baltimore, Birmingham,
Boston, Chicago, Cleveland, Dallas/Ft. Worth, Denver,
Detroit, Houston, Indianapolis, Las Vegas, Los Angeles,
Miami, New York/Northern New Jersey, Northern Ken-
tucky/Cincinnati, Oklahoma City, Orlando, Philadel-
phia, Phoenix, Pittsburgh, Portland, Providence, Salt
Lake, San Diego, San Francisco, St. Louis, Seattle,
Tampa, and Washington, District of Columbia.’’; and
(4) in subparagraph (D), as redesignated by paragraph
(1), by striking ‘‘subparagraph (D)’’ and inserting ‘‘subparagraph
(F)’’.
SEC. 1102. No appropriated funds or revenues generated by
the National Railroad Passenger Corporation may be used to imple-
ment section 204(c)(2) of Public Law 105–134 until the Congress
has enacted an Amtrak reauthorization Act.
SEC. 1103. (a) Notwithstanding any other provision of law,
of the funds authorized under section 110 of title 23, United States
Code, for fiscal year 2002, no funds shall be available for the
program authorized under section 1101(a)(11) of Public Law 105–
178 and $29,542,304 shall be set aside for the project as authorized
under title IV of the National Highway System Designation Act
of 1995, as amended: Provided, That, if funds authorized under
these provisions have been distributed then the amount so specified
shall be recalled proportionally from those funds distributed to
the States under section 110(b)(4)(A) and (B) of title 23, United
States Code.
(b) Notwithstanding any other provision of law, for fiscal year
2002, funds available for environmental streamlining activities
under section 104(a)(1)(A) of title 23, United States Code, may
include making grants to, or entering into contracts, cooperative
agreements, and other transactions, with a Federal agency, State
agency, local agency, authority, association, nonprofit or for-profit
corporation, or institution of higher education.
(c) Notwithstanding any other provision of law, of the funds
authorized under section 110 of title 23, United States Code, for
fiscal year 2002, and made available for the National motor carrier
safety program, $5,896,000 shall be for State commercial driver’s
license program improvements.
(d) Notwithstanding any other provision of law, of the funds
authorized under section 110 of title 23, United States Code, for
fiscal year 2002, and made available for border infrastructure
improvements, up to $2,300,000 shall be made available to carry
out section 1119(d) of the Transportation Equity Act for the 21st
Century, as amended.
H. R. 3338—103
SEC. 1104. Notwithstanding any other provision of law, of the
amounts appropriated in fiscal year 2002 for the Research and
Special Programs Administration, $3,170,000 of funds provided for
research and special programs shall remain available until Sep-
tember 30, 2004, and $22,786,000 of funds provided for the pipeline
safety program derived from the pipeline safety fund shall remain
available until September 30, 2004.
SEC. 1105. Item 1497 in the table contained in section 1602
of the Transportation Equity Act for the 21st Century (112 Stat.
312), relating to Alaska, is amended by inserting ‘‘and construct
capital improvements to intermodal marine freight and passenger
facilities and access thereto’’ before ‘‘in Anchorage’’.
SEC. 1106. The Department of Transportation and Related
Agencies Appropriations Act, 2002 is amended in section 330 by
striking ‘‘$144,000,000’’ and inserting ‘‘$148,300,000’’ and in section
349 by striking ‘‘$5,000,000’’ and inserting ‘‘$9,300,000’’ and by
striking ‘‘$120,323,000’’ and inserting ‘‘$116,023,000’’.
SEC. 1107. Notwithstanding any other provision of law, none
of the funds in the Department of Transportation and Related
Agencies Appropriations Act, 2002 shall be available for salaries
and expenses of more than 102 political and Presidential appointees
in the Department of Transportation: Provided, That none of the
funds in this Act, or any other Appropriations Act for fiscal year
2002, shall be available for the position of Under Secretary of
Transportation for Policy or the position of Assistant Secretary
for Public Affairs.
SEC. 1108. Section 1511(b) of the Transportation Equity Act
for the 21st Century (Public Law 105–178), as amended, is amended
by striking ‘‘Rhode Island’’ and inserting in lieu thereof ‘‘Rhode
Island, and Texas’’ and by inserting before the period in subsection
(b)(1)(A) ‘‘, provided that Texas may not compete for funds pre-
viously allocated or appropriated to any other State’’.
CHAPTER 12
DEPARTMENT OF THE TREASURY
DEPARTMENTAL OFFICES
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 ‘‘Salaries 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 ‘‘Salaries and Expenses’’,
$1,700,000, to remain available until expended, to be obligated
from amounts made available in Public Law 107–38.
H. R. 3338—104
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 ‘‘Salaries and Expenses’’,
$23,000,000, to remain available until expended, to be obligated
from amounts made available in Public Law 107–38.
ACQUISITION, CONSTRUCTION, IMPROVEMENTS AND RELATED
EXPENSES
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ‘‘Acquisition, Construc-
tion, Improvements, and Related Expenses’’, $8,500,000, to remain
available until expended, to be obligated from amounts made avail-
able in Public Law 107–38: Provided, That, in order to expedite
the acquisition of architectural and engineering services for the
construction of facilities at the Cheltenham, Maryland, training
facility, the Federal Law Enforcement Training Center may procure
such services without regard to: (1) the competition requirements
of section 303 of the Federal Property and Administrative Services
Act of 1949 (41 U.S.C. 253); (2) the 6 percent fee limitation on
such services set forth in section 304(b) of such Act (41 U.S.C.
254(b)); and (3) the procurement notice requirements of section
18 of the Office of Federal Procurement Policy Act (41 U.S.C.
416).
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 ‘‘Salaries and Expenses’’,
$31,431,000, to remain available until expended, to be obligated
from amounts made available in Public Law 107–38, of which
$5,200,000 may be used for necessary expenses of site acquisition,
construction, operations, maintenance and repair of the special
purpose canine training facilities in Front Royal, Virginia.
UNITED STATES CUSTOMS SERVICE
SALARIES AND EXPENSES
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ‘‘Salaries and Expenses’’,
to meet requirements, including technology, along the Northern
Border, Southwest Border, and at critical seaports, $392,603,000,
to remain available until expended, to be obligated from amounts
made available in Public Law 107–38: Provided, That of such
amount, $245,503,000 shall not be available for obligation until
15 days after the United States Customs Service submits to the
Committees on Appropriations and the Secretary of the Treasury
a financial plan based upon a comprehensive assessment of the
most effective uses of the Service’s resources, including the funds
provided in this Act, for protection along the Northern Border,
Southwest Border, and at critical seaports: Provided further, That
the Secretary of the Treasury is directed to review the activities
proposed to be carried out with the funds subject to the previous
H. R. 3338—105
proviso and notify the Committees on Appropriations of the findings
of his review within 15 days of receipt of such plan.
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 ‘‘Operation, Maintenance
and 
Procurement, 
Air 
and 
Marine 
Interdiction 
Programs’’,
$6,700,000, to remain available until expended, to be obligated
from amounts made available 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 ‘‘Processing, Assistance,
and Management’’, $12,990,000, to remain 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 ‘‘Information Systems’’,
$15,991,000, to remain available until expended, to be obligated
from amounts made available by Public Law 107–38: Provided,
That of these amounts $13,548,000 is for a backup computer
recovery system to be designed and constructed in close coordination
with the business systems modernization effort of the Internal
Revenue Service.
UNITED STATES SECRET SERVICE
SALARIES AND EXPENSES
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ‘‘Salaries and Expenses’’,
$104,769,000, 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 protect postal employees and postal customers
from exposure to biohazardous material, to sanitize and screen
the mail, and to replace or repair Postal Service facilities destroyed
or damaged in New York City as a result of the September 11,
2001, terrorist attacks, $500,000,000, to remain available until
expended, to be obligated from amounts made available in Public
H. R. 3338—107
CHAPTER 13
DEPARTMENT OF VETERANS AFFAIRS
DEPARTMENTAL ADMINISTRATION
GENERAL OPERATING EXPENSES
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States for ‘‘General operating
expenses’’, $2,000,000, to remain available until expended, to be
obligated from amounts made available 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 ‘‘Community 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 the State of New York, in conjunction with the City of New
York, shall, through the Lower Manhattan Redevelopment Corpora-
tion (‘‘the corporation’’): (1) distribute the funds provided for the
‘‘Community Development Fund’’; (2) within 45 days of enactment
of this Act, issue the initial criteria and requirements necessary
to accept applications from individuals, nonprofits, and small
businesses for economic losses from the September 11, 2001, ter-
rorist attacks; and (3) begin processing such applications: Provided
further, That the corporation shall expeditiously respond to any
application from an individual, nonprofit, or small business for
economic losses under this heading: Provided further, That of the
total amount made available for the ‘‘Community Development
Fund’’, including amounts previously made available by transfer
pursuant to the fifth proviso of Public Law 107–38, no less than
$500,000,000 shall be made available for individuals, nonprofits,
or small businesses described in the prior three provisos, with
a limit of $500,000 per small business for economic losses: Provided
further, That amounts made available in the previous proviso shall
only be available for individuals, nonprofits, or small businesses
located in New York City in the area located on or south of West
14th Street (west of its intersection with 5th Avenue), or on or
south of East 14th Street (east of its intersection with 5th Street):
Provided further, That, of the amount provided in this paragraph,
$10,000,000 shall be used for a program to aid the travel and
tourism industry in New York City.
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 Gen-
eral’’, $1,000,000, to remain available until expended, to be obligated
from amounts made available in Public Law 107–38.
H. R. 3338—108
INDEPENDENT AGENCIES
DEPARTMENT OF HEALTH AND HUMAN SERVICES
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 ‘‘National Institute of
Environmental Health Sciences’’ for carrying out under current
authorities, worker training, research, and education activities,
$10,500,000, to remain available until expended, to be obligated
from amounts made available in Public Law 107–38.
Public Law 107–73 is amended under this heading by adding
‘‘and section 126(g) of the Superfund Amendments and Reauthoriza-
tion Act of 1986,’’ after the words, ‘‘as amended,’’.
ENVIRONMENTAL PROTECTION AGENCY
SCIENCE AND TECHNOLOGY
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, and to support activities
related to countering terrorism, for ‘‘Science and technology’’,
$90,308,000, 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 support activities
related to countering terrorism, for ‘‘Environmental programs and
management’’, $39,000,000, to remain 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 support activities
related to countering terrorism, for ‘‘Hazardous substance super-
fund’’, $41,292,000, to remain available until expended, to be obli-
gated 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 potential biological and
chemical threats to populations, for ‘‘State and tribal assistance
grants’’, $5,000,000, to remain available until expended, to be obli-
gated from amounts made available in Public Law 107–38.
The referenced statement of the managers under this heading
in Public Law 107–73 is deemed to be amended by striking ‘‘Florida
Department of Environmental Protection’’ in reference to item
number 92, and inserting ‘‘Southwest Florida Water Management
District’’; and by striking ‘‘Southeast’’ in reference to item number
9, and inserting ‘‘Southwest’’.
H. R. 3338—109
The referenced statement of the managers under this heading
in Public Law 106–377 is deemed to be amended by striking ‘‘repairs
to water and sewer lines’’ in reference to item number 171 and
inserting ‘‘water and wastewater infrastructure improvements’’.
FEDERAL EMERGENCY MANAGEMENT AGENCY
DISASTER RELIEF
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ‘‘Disaster relief’’,
$4,356,871,000, 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 ‘‘Salaries and Expenses’’,
$25,000,000 to remain available until expended, to be obligated
from amounts made available in Public Law 107–38 of which not
less than $10,000,000 shall be used to enhance the capabilities
of the National Security Division.
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, for ‘‘Emergency management
planning and assistance’’, $10,000,000, to remain available until
expended, to be obligated from amounts made available in Public
Law 107–38, which shall be available for support of the 2002
Winter Olympics.
For an additional amount for emergency expenses to respond
to the September 11, 2001, terrorist attacks on the United States
and to support activities related to countering terrorism, for ‘‘Emer-
gency management planning and assistance’’, $210,000,000, to
remain available until September 30, 2003, for programs as author-
ized by section 33 of the Federal Fire Prevention and Control
Act of 1974, as amended (15 U.S.C. 2201 et seq.), as in effect
on December 7, 2001, to be obligated from amounts made available
in Public Law 107–38: Provided, That up to 5 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’’,
$76,000,000, to remain available until expended, to be obligated
from amounts made available 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’’, $32,500,000, to remain available until expended,
H. R. 3338—110
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 ‘‘Research and related
activities’’, $300,000 to remain available until expended, to be obli-
gated from amounts made available in Public Law 107–38.
GENERAL PROVISIONS, THIS CHAPTER
SEC. 1301. (a) This section may be cited as the ‘‘Unity in
the Spirit of America Act’’ or the ‘‘USA Act’’.
(b) 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 HONORING
VICTIMS OF TERRORIST ATTACKS
‘‘SEC. 401. PROJECTS.
‘‘(a) DEFINITION.—In this section, the term ‘Foundation’ 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 March 1, 2002,
the Foundation, after obtaining the guidance of the heads of
appropriate Federal agencies, such as the Director of the Office
of Homeland Security and the Attorney General, shall—
‘‘(A) make an estimate of the number of victims 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 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 require-
ments of subsection (d). The Foundation may name projects
in honor of victims described in subsection (b)(1)(A), after
obtaining the permission of an appropriate member of the vic-
tim’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 business, a nonprofit organiza-
tion (which may be a religious organization), an Indian tribe, or
an institution of higher education.
‘‘(d) PROJECTS.—The Foundation shall name, under this section,
projects—
‘‘(1) that advance the goals of unity, and improving the
quality of life in communities; and
H. R. 3338—111
‘‘(2) that will be planned, or for which implementation
will begin, within a reasonable period after the date of enact-
ment of the Unity in the Spirit of 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. 1302. Within funds previously appropriated as authorized
under the Native American Housing and Self Determination Act
of 1996 (Public Law 104–330, section 1(a); 110 Stat. 4016) and
made available to Cook Inlet Housing Authority, 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 provision of such Act to the contrary, Cook Inlet Housing
Authority may use a portion of such funds to establish a reserve
fund and to provide for maintenance of the project.
SEC. 1303. Of the amounts made available under both the
heading ‘‘Housing certificate fund’’ and the heading ‘‘Salaries and
Expenses’’ in title II of Public Law 107–73, not to exceed $11,300,000
shall be for the recordation and liquidation of obligations and defi-
ciencies incurred in prior years in connection with the provision
of technical assistance authorized under section 514 of the Multi-
family Assisted Housing Reform and Affordability Act of 1997 (‘‘sec-
tion 514’’), and notwithstanding any other provision of law, for
new obligations for such technical assistance: Provided, That of
the $11,300,000 made available, up to $1,300,000 shall be for
reimbursement of vouchers submitted by section 514 grantees as
of October 15, 2001: Provided further, That of the total amount
provided under the heading ‘‘Salaries and Expenses’’ in title II
of Public Law 107–73, $500,000 shall be made available from sala-
ries and expenses allocated to the Office of General Counsel and
$1,000,000 shall be made available from salaries and expenses
allocated to the Office of Multifamily Housing Assistance Restruc-
turing in the Department of Housing and Urban Development for
new obligations for the provision of technical assistance authorized
under section 514: Provided further, That of the $11,300,000 pro-
vided under this section, no more than $10,000,000 shall be made
available for new obligations for technical assistance under section
514: Provided further, That from amounts made available under
this section, the Inspector General of the Department of Housing
and Urban Development (‘‘HUD Inspector General’’) shall audit
each provision of technical assistance obligated under the require-
ments of section 514 over the last 4 years: Provided further, That
to the extent the HUD Inspector General determines that the
use of any funding for technical assistance does not meet the
requirements of section 514, the Secretary of Housing and Urban
Development (‘‘Secretary’’) shall recapture any such funds: Provided
further, That no funds appropriated under title II of Public Law
107–73 and subsequent appropriations acts for the Department
of Housing and Urban Development shall be made available for
4 years to any entity (or any subsequent entity comprised of signifi-
cantly the same officers) that has been identified as having violated
the requirements of section 514 by the HUD Inspector General:
Provided further, That, notwithstanding any other provision of law,
no funding for technical assistance shall be available for carryover
H. R. 3338—112
from any previous year: Provided further, That the recordation
and liquidation of obligations and deficiencies under this heading
shall not pardon or release an officer or employee of the United
States Government for an act or acts in violation of the Anti-
deficiency Act (31 U.S.C. 1341): Provided further, That the Secretary
shall implement the provisions under this section in a manner
that does not accelerate outlays.
SEC. 1304. The referenced statement of the managers per-
taining to economic development initiatives under the heading
‘‘Community Development Fund’’ in Public Law 107–73 is deemed
to be amended by striking ‘‘Willacacy County Boys and Girls Club
in Willacacy County, Texas’’ in reference to an appropriation for
the Willacy County Boys and Girls Club, and inserting ‘‘Willacy
County Boys and Girls Club in Willacy County, Texas’’; by striking
‘‘Acres Home Community Development Corporation’’ in reference
to an appropriation in Houston, Texas, and inserting ‘‘Old Acres
Homes Citizens Council’’; and by striking ‘‘$250,000 to the Good
Shepard School in Braddock, Pennsylvania for facility renovation;’’
in reference to an appropriation in Braddock, Pennsylvania, and
inserting ‘‘$250,000 for facility renovation, of which $50,000 is for
the Good Shepard School in Braddock, Pennsylvania, and $200,000
is for the Phipps Conservatory and Botanical Gardens in Pittsburgh,
Pennsylvania;’’.
CHAPTER 14
GENERAL PROVISIONS, THIS DIVISION
SEC. 1401. Amounts which may be obligated pursuant to this
division are subject to the terms and conditions provided in Public
Law 107–38.
SEC. 1402. No part of any appropriation contained in this
division shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
SEC. 1403. Notwithstanding any other provision of law, of the
funds made available in this or any other Act, funds may be
transferred to the Department of Defense from an agency receiving
National Guard services related to homeland security to cover the
costs of such services that the agency incurred after the date of
enactment of this Act: Provided, That such authority to transfer
shall expire on April 30, 2002: Provided further, That each agency
receiving National Guard services related to homeland security
shall submit to the House and Senate Committees on Appropria-
tions a detailed report of the National Guard’s homeland defense
activities and expenses incurred after the date of enactment of
this Act and planned for the remainder of fiscal year 2002 for
that agency and any proposed transfers 15 days prior to such
transfers pursuant to this authority.
This division may be cited as the ‘‘Emergency Supplemental
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—
H. R. 3338—113
(1) by striking subparagraph (A) and inserting the fol-
lowing:
‘‘(A) for the discretionary category: $681,441,000,000
in new budget authority and $670,206,000,000 in outlays;’’;
(2) in subparagraph (C), by striking the second ‘‘and’’ after
the semicolon; and
(3) in subparagraph (D), by striking ‘‘$1,232,000,000’’ and
inserting ‘‘$1,473,000,000’’.
(b) REVISED AGGREGATES AND ALLOCATIONS.—Upon the enact-
ment of this section, the chairman of the Committee 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 authority
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 Congres-
sional Budget Act of 1974 to the Committee on Appropriations
of their respective House as initially set forth in the joint
explanatory statement of managers accompanying the con-
ference report on that concurrent resolution, to the extent nec-
essary to reflect the revised limits on discretionary budget
authority and outlays for fiscal year 2002 provided in subsection
(a); and
(3) publish those revised aggregates and allocations in the
Congressional Record.
(c) REPEAL OF SECTION 203 OF BUDGET RESOLUTION FOR FISCAL
YEAR 2002.—Section 203 of the concurrent resolution 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 discre-
tionary 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 0.12 percent 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 preparing 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.
SEC. 103. When the President submits a budget of the United
States Government under section 1105(a) of title 31, United States
Code, for fiscal year 2003, he shall submit a report to the Congress
that identifies any emergency-designated funding (pursuant to sec-
tion 251(b)(2)(A) or section 252(e) of the Balanced Budget and
Emergency Deficit Control Act of 1985) in legislation enacted after
September 11, 2001, and before such submission in response to
the events of September 11, 2001, that is of an ongoing and recur-
ring nature.
H. R. 3338—114
SEC. 104. (a) The section 302(a) allocations, as adjusted pursu-
ant to section 101(b), shall be deemed to be allocations set forth
in the joint explanatory statement of managers accompanying the
concurrent resolution on the budget for fiscal year 2002 for all
purposes under titles III and IV of the Congressional Budget Act
of 1974.
(b) REPEALER.—Section 221(d)(2) of the concurrent resolution
on the budget for fiscal year 2002 (H. Con. Res. 83, 107th Congress,
1st session) is repealed.
DIVISION D—MISCELLANEOUS PROVISIONS
TITLE I—CONVEYANCE OF HOMESTAKE
MINE
SEC. 101. SHORT TITLE.
This title may be cited as the ‘‘Homestake Mine Conveyance
Act of 2001’’.
SEC. 102. FINDINGS.
Congress finds the following:
(1) The United States is among the leading nations in
the world in conducting basic scientific research.
(2) That leadership position strengthens the economy and
national defense of the United States and provides other impor-
tant benefits.
(3) The Homestake Mine in Lead, South Dakota, owned
by the Homestake Mining Company of California, is approxi-
mately 8,000 feet deep and is situated in a unique physical
setting that is ideal for carrying out certain types of particle
physics and other research.
(4) The Mine has been selected by the National Under-
ground Science Laboratory Committee, an independent panel
of distinguished scientists, as the preferred site for the construc-
tion of the National Underground Science Laboratory.
(5) Such a laboratory would be used to conduct scientific
research that would be funded and recognized as significant
by the United States.
(6) The establishment of the laboratory is in the national
interest and would substantially improve the capability of the
United States to conduct important scientific research.
(7) For economic reasons, Homestake intends to cease oper-
ations at the Mine in 2001.
(8) On cessation of operations of the Mine, Homestake
intends to implement reclamation actions that would preclude
the establishment of a laboratory at the Mine.
(9) Homestake has advised the State that, after cessation
of operations at the Mine, instead of closing the entire Mine,
Homestake is willing to donate the underground portion of
the Mine and certain other real and personal property of
substantial value at the Mine for use as the National Under-
ground Science Laboratory.
(10) Use of the Mine as the site for the laboratory, instead
of other locations under consideration, would result in a savings
of millions of dollars for the Federal Government.
H. R. 3338—115
(11) If the Mine is selected as the site for the laboratory,
it is essential that closure of the Mine not preclude the location
of the laboratory at the Mine.
(12) Homestake is unwilling to donate, and the State is
unwilling to accept, the property at the Mine for the laboratory
if Homestake and the State would continue to have potential
liability with respect to the transferred property.
(13) To secure the use of the Mine as the location for
the laboratory and to realize the benefits of the proposed labora-
tory it is necessary for the United States to—
(A) assume a portion of any potential future liability
of Homestake concerning the Mine; and
(B) address potential liability associated with the oper-
ation of the laboratory.
SEC. 103. DEFINITIONS.
In this title:
(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the
Administrator of the Environmental Protection Agency.
(2) AFFILIATE.—
(A) IN GENERAL.—The term ‘‘affiliate’’ means any cor-
poration or other person that controls, is controlled by,
or is under common control with Homestake.
(B) INCLUSIONS.—The term ‘‘affiliate’’ includes a
director, officer, or employee of an affiliate.
(3) CONVEYANCE.—The term ‘‘conveyance’’ means the
conveyance of the Mine to the State under section 104(a).
(4) FUND.—The term ‘‘Fund’’ means the Environment and
Project Trust Fund established under section 108.
(5) HOMESTAKE.—
(A) IN GENERAL.—The term ‘‘Homestake’’ means the
Homestake Mining Company of California, a California
corporation.
(B) INCLUSION.—The term ‘‘Homestake’’ includes—
(i) a director, officer, or employee of Homestake;
(ii) an affiliate of Homestake; and
(iii) any successor of Homestake or successor to
the interest of Homestake in the Mine.
(6) INDEPENDENT ENTITY.—The term ‘‘independent entity’’
means an independent entity selected jointly by Homestake,
the South Dakota Department of Environment and Natural
Resources, and the Administrator—
(A) to conduct a due diligence inspection under section
104(b)(2)(A); and
(B) to determine the fair value of the Mine under
section 105(a).
(7) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has the meaning
given the term in section 4 of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 450b).
(8) LABORATORY.—
(A) IN
GENERAL.—The term ‘‘laboratory’’ means the
national underground science laboratory proposed to be
established at the Mine after the conveyance.
(B) INCLUSION.—The term ‘‘laboratory’’ includes oper-
ating and support facilities of the laboratory.
(9) MINE.—
H. R. 3338—116
(A) IN GENERAL.—The term ‘‘Mine’’ means the portion
of the Homestake Mine in Lawrence County, South Dakota,
proposed to be conveyed to the State for the establishment
and operation of the laboratory.
(B) INCLUSIONS.—The term ‘‘Mine’’ includes—
(i) real property, mineral and oil and gas rights,
shafts, tunnels, structures, backfill, broken rock, fix-
tures, facilities, and personal property to be conveyed
for establishment and operation of the laboratory, as
agreed upon by Homestake and the State; and
(ii) any water that flows into the Mine from any
source.
(C) EXCLUSIONS.—The term ‘‘Mine’’ does not include—
(i) the feature known as the ‘‘Open Cut’’;
(ii) any tailings or tailings storage facility (other
than backfill in the portion of the Mine described in
subparagraph (A)); or
(iii) any waste rock or any site used for the
dumping of waste rock (other than broken rock in
the portion of the Mine described in subparagraph
(A)).
(10) PERSON.—The term ‘‘person’’ means—
(A) an individual;
(B) a trust, firm, joint stock company, corporation
(including a government corporation), partnership, associa-
tion, limited liability company, or any other type of business
entity;
(C) a State or political subdivision of a State;
(D) a foreign governmental entity;
(E) an Indian tribe; and
(F) any department, agency, or instrumentality of the
United States.
(11) PROJECT SPONSOR.—The term ‘‘project sponsor’’ means
an entity that manages or pays the costs of one or more projects
that are carried out or proposed to be carried out at the labora-
tory.
(12) SCIENTIFIC
ADVISORY
BOARD.—The term ‘‘Scientific
Advisory Board’’ means the entity designated in the manage-
ment plan of the laboratory to provide scientific oversight for
the operation of the laboratory.
(13) STATE.—
(A) IN GENERAL.—The term ‘‘State’’ means the State
of South Dakota.
(B) INCLUSIONS.—The term ‘‘State’’ includes an institu-
tion, agency, officer, or employee of the State.
SEC. 104. CONVEYANCE OF REAL PROPERTY.
(a) IN GENERAL.—
(1) DELIVERY OF DOCUMENTS.—Subject to paragraph (2)
and subsection (b) and notwithstanding any other provision
of law, on the execution and delivery by Homestake of one
or more quitclaim deeds or bills of sale conveying to the State
all right, title, and interest of Homestake in and to the Mine,
title to the Mine shall pass from Homestake to the State.
(2) CONDITION OF MINE ON CONVEYANCE.—The Mine shall
be conveyed as is, with no representations as to the condition
of the property.
H. R. 3338—117
(b) REQUIREMENTS FOR CONVEYANCE.—
(1) IN GENERAL.—The Administrator’s acceptance of the
final report or certification of the independent entity under
paragraph (4) is a condition precedent of the conveyance and
of the assumption of liability by the United States in accordance
with this title.
(2) DUE DILIGENCE INSPECTION.—
(A) IN GENERAL.—As a condition precedent of convey-
ance and of Federal participation described in this title,
Homestake shall permit an independent entity to conduct
a due diligence inspection of the Mine to determine whether
any condition of the Mine may present an imminent and
substantial endangerment to public health or the environ-
ment.
(B) CONSULTATION.—As a condition precedent of the
conduct of a due diligence inspection, the Administrator,
in consultation with Homestake, the South Dakota Depart-
ment of Environment and Natural Resources, and the inde-
pendent entity, shall define the methodology and standards
to be used, and other factors to be considered, by the
independent entity in—
(i) the conduct of the due diligence inspection;
(ii) the scope of the due diligence inspection; and
(iii) the time and duration of the due diligence
inspection.
(C) PARTICIPATION
BY
HOMESTAKE.—Nothing in this
paragraph requires Homestake to participate in the conduct
of the due diligence inspection.
(3) REPORT TO THE ADMINISTRATOR.—
(A) IN GENERAL.—The independent entity shall submit
to the Administrator a report that—
(i) describes the results of the due diligence inspec-
tion under paragraph (2); and
(ii) identifies any condition of or in the Mine that
may 
present 
an 
imminent 
and 
substantial
endangerment to public health or the environment.
(B) PROCEDURE.—
(i) DRAFT
REPORT.—Before finalizing the report
under this paragraph, the independent entity shall—
(I) issue a draft report;
(II) submit to the Administrator, Homestake,
and the State a copy of the draft report;
(III) issue a public notice requesting comments
on the draft report that requires all such comments
to be filed not later than 45 days after issuance
of the public notice; and
(IV) during that 45-day public comment
period, conduct at least one public hearing in Lead,
South Dakota, to receive comments on the draft
report.
(ii) FINAL REPORT.—In the final report submitted
to the Administrator under this paragraph, the inde-
pendent entity shall respond to, and incorporate nec-
essary changes suggested by, the comments received
on the draft report.
(4) REVIEW AND APPROVAL BY ADMINISTRATOR.—
H. R. 3338—118
(A) IN GENERAL.—Not later than 60 days after receiving
the final report under paragraph (3), the Administrator
shall—
(i) review the report; and
(ii) notify the State in writing of acceptance or
rejection of the final report.
(B) CONDITIONS
FOR
REJECTION.—The Administrator
may reject the final report if the report discloses one or
more conditions that—
(i) as determined by the Administrator, may
present an imminent and substantial endangerment
to the public health or the environment and require
a response action; or
(ii) otherwise make the conveyance in section 104,
or the assumption of liability, the release of liability,
or the indemnification in section 106 contrary to the
public interest.
(C) RESPONSE ACTIONS AND CERTIFICATION.—
(i) RESPONSE ACTIONS.—
(I) IN GENERAL.—If the Administrator rejects
the final report, Homestake may carry out or bear
the cost of, or permit the State or another person
to carry out or bear the cost of, such response
actions as are necessary to correct any condition
identified by the Administrator under subpara-
graph (B)(i) that may present an imminent and
substantial endangerment to public health or the
environment.
(II) LONG-TERM RESPONSE ACTIONS.—
(aa) IN GENERAL.—In a case in which the
Administrator determines that a condition
identified 
by 
the 
Administrator 
under
subparagraph 
(B)(i) 
requires 
continuing
response action, or response action that can
be completed only as part of the final closure
of the laboratory, it shall be a condition of
conveyance that Homestake, the State, or
another person deposit into the Fund such
amount as is estimated by the independent
entity, on a net present value basis and after
taking into account estimated interest on that
basis to be sufficient to pay the costs of the
long-term response action or the response
action that will be completed as part of the
final closure of the laboratory.
(bb) LIMITATION ON USE OF FUNDS.—None
of the funds deposited into the Fund under
item (aa) shall be expended for any purpose
other than to pay the costs of the long-term
response action, or the response action that
will be completed as part of the final closure
of the Mine, identified under that item.
(ii) CONTRIBUTION
BY
HOMESTAKE.—The total
amount that Homestake may expend, pay, or deposit
into the Fund under subclauses (I) and (II) of clause
(i) shall not exceed—
(I) $75,000,000; less
H. R. 3338—119
(II) the fair value of the Mine as determined
under section 105(a).
(iii) CERTIFICATION.—
(I) IN GENERAL.—After any response actions
described in clause (i)(I) are carried out and any
required funds are deposited under clause (i)(II),
the independent entity may certify to the Adminis-
trator that the conditions for rejection identified
by the Administrator under subparagraph (B) have
been corrected.
(II) ACCEPTANCE
OR
REJECTION
OF
CERTIFI-
CATION.—Not later than 60 days after an inde-
pendent entity makes a certification under sub-
clause (I), the Administrator shall accept or reject
the certification.
(c) REVIEW OF CONVEYANCE.—For the purposes of the convey-
ance, the requirements of this section shall be considered to be
sufficient to meet any requirement of the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.).
SEC. 105. ASSESSMENT OF PROPERTY.
(a) VALUATION
OF PROPERTY.—The independent entity shall
assess the fair value of the Mine.
(b) FAIR VALUE.—For the purposes of this section, the fair
value of the Mine shall be the fair market value as determined
by an appraisal in conformance with the Uniform Appraisal Stand-
ards for Federal Land Acquisition. To the extent appraised items
only have value to the Federal Government for the purpose of
constructing the laboratory, the appraiser shall also add to the
assessment of fair value the estimated cost of replacing the shafts,
winzes, hoists, tunnels, ventilation system and other equipment
and improvements at the Mine that are expected to be used at,
or that will be useful to, the laboratory.
(c) REPORT.—Not later than the date on which each report
developed in accordance with section 104(b)(3) is submitted to the
Administrator, the independent entity described in subsection (a)
shall submit to the State a report that identifies the fair value
assessed under subsection (a).
SEC. 106. LIABILITY.
(a) ASSUMPTION OF LIABILITY.—
(1) ASSUMPTION.—Subject to paragraph (2), notwith-
standing any other provision of law, on completion of the
conveyance in accordance with this title, the United States
shall assume any and all liability relating to the Mine and
laboratory, including liability for—
(A) damages;
(B) reclamation;
(C) the costs of response to any hazardous substance
(as defined in section 101 of the Comprehensive Environ-
mental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9601)), contaminant, or other material on, under,
or relating to the Mine and laboratory; and
(D) closure of the Mine and laboratory.
(2) CLAIMS AGAINST UNITED STATES.—In the case of any
claim brought against the United States, the United States
shall be liable for—
H. R. 3338—120
(A) damages under paragraph (1)(A), only to the extent
that an award of damages is made in a civil action brought
under chapter 171 of title 28, United States Code, notwith-
standing that the act or omission giving rise to the claim
was not committed by an employee of the United States;
and
(B) response costs under paragraph (1)(C), only to the
extent that an award of response costs is made in a civil
action brought under—
(i) the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.);
(ii) the Solid Waste Disposal Act (42 U.S.C. 6901
et seq.);
(iii) the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C.
9601 et seq.); or
(iv) any other applicable Federal environmental
law, as determined by the Administrator.
(b) LIABILITY PROTECTION.—On completion of the conveyance,
neither Homestake nor the State shall be liable to any person
or the United States for injuries, costs, injunctive relief, reclamation,
damages (including damages to natural resources or the environ-
ment), or expenses, or liable under any other claim (including
claims for indemnification or contribution, claims by third parties
for death, personal injury, illness, or loss of or damage to property,
or claims for economic loss), under any law (including a regulation)
for any claim arising out of or in connection with contamination,
pollution, or other condition, use, or closure of the Mine and labora-
tory, regardless of when a condition giving rise to the liability
originated or was discovered.
(c) INDEMNIFICATION.—Notwithstanding any other provision of
law, on completion of the conveyance in accordance with this title,
the United States shall indemnify, defend, and hold harmless
Homestake and the State from and against—
(1) any and all liabilities and claims described in subsection
(a), without regard to any limitation under subsection (a)(2);
and
(2) any and all liabilities and claims described in subsection
(b).
(d) WAIVER OF SOVEREIGN IMMUNITY.—For purposes of this
title, the United States waives any claim to sovereign immunity
with respect to any claim of Homestake or the State under this
title.
(e) TIMING FOR ASSUMPTION OF LIABILITY.—If the conveyance
is effectuated by more than one legal transaction, the assumption
of liability, liability protection, indemnification, and waiver of sov-
ereign immunity provided for under this section shall apply to
each legal transaction, as of the date on which the transaction
is completed and with respect to such portion of the Mine as
is conveyed under that transaction.
(f) EXCEPTIONS FOR CERTAIN CLAIMS.—Nothing in this section
constitutes an assumption of liability by the United States, or
relief of liability of Homestake, for—
(1) any unemployment, worker’s compensation, or other
employment-related claim or cause of action of an employee
of Homestake that arose before the date of conveyance;
H. R. 3338—121
(2) any claim or cause of action that arose before the
date of conveyance, other than claims relating to environmental
response costs or natural resource damages; or
(3) any violation of any provision of criminal law.
(g) EXCEPTION
FOR
OFF-SITE
ENVIRONMENTAL
CLAIMS.—
Nothing in this title constitutes an assumption of liability by the
United States, relief of liability for Homestake, or obligation to
indemnify Homestake, for any claim, injury, damage, liability, or
reclamation or cleanup obligation with respect to any property
or asset that is not conveyed under this title, except to the extent
that any such claim, injury, damage, liability, or reclamation or
cleanup obligation is based on activities or events at the Mine
subsequent to the date of conveyance.
SEC. 107. INSURANCE COVERAGE.
(a) PROPERTY AND LIABILITY INSURANCE.—
(1) IN GENERAL.—To the extent property and liability insur-
ance is available and subject to the requirements described
in paragraph (2), the State shall purchase property and liability
insurance for the Mine and the operation of the laboratory
to provide coverage against the liability described in subsections
(a) and (b) of section 106.
(2) REQUIREMENTS.—The requirements referred to in para-
graph (1) are the following:
(A) TERMS OF INSURANCE.—In determining the type,
extent of coverage, and policy limits of insurance purchased
under this subsection, the State shall—
(i) periodically consult with the Administrator and
the Scientific Advisory Board; and
(ii) consider certain factors, including—
(I) the nature of the projects and experiments
being conducted in the laboratory;
(II) the availability and cost of commercial
insurance; and
(III) the amount of funding available to pur-
chase commercial insurance.
(B) ADDITIONAL TERMS.—The insurance purchased by
the State under this subsection may provide coverage that
is—
(i) secondary to the insurance purchased by project
sponsors; and
(ii) in excess of amounts available in the Fund
to pay any claim.
(3) FINANCING OF INSURANCE PURCHASE.—
(A) IN
GENERAL.—Subject to section 108, the State
may finance the purchase of insurance required under this
subsection by using—
(i) funds made available from the Fund; and
(ii) such other funds as are received by the State
for the purchase of insurance for the Mine and labora-
tory.
(B) NO REQUIREMENT TO USE STATE FUNDS.—Nothing
in this title requires the State to use State funds to pur-
chase insurance required under this subsection.
(4) ADDITIONAL INSURED.—Any insurance purchased by the
State under this subsection shall—
H. R. 3338—122
(A) name the United States as an additional insured;
or
(B) otherwise provide that the United States is a bene-
ficiary of the insurance policy having the primary right
to enforce all rights of the United States under the policy.
(5) TERMINATION
OF
OBLIGATION
TO
PURCHASE
INSUR-
ANCE.—The obligation of the State to purchase insurance under
this subsection shall terminate on the date on which—
(A) the Mine ceases to be used as a laboratory; or
(B) sufficient funding ceases to be available for the
operation and maintenance of the Mine or laboratory.
(b) PROJECT INSURANCE.—
(1) IN
GENERAL.—The State, in consultation with the
Administrator and the Scientific Advisory Board, may require,
as a condition of approval of a project for the laboratory, that
a project sponsor provide property and liability insurance or
other applicable coverage for potential liability associated with
the project described in subsections (a) and (b) of section 106.
(2) ADDITIONAL INSURED.—Any insurance obtained by the
project sponsor under this section shall—
(A) name the State and the United States as additional
insureds; or
(B) otherwise provide that the State and the United
States are beneficiaries of the insurance policy having the
primary right to enforce all rights under the policy.
(c) STATE INSURANCE.—
(1) IN
GENERAL.—To the extent required by State law,
the State shall purchase, with respect to the operation of the
Mine and the laboratory—
(A) unemployment compensation insurance; and
(B) worker’s compensation insurance.
(2) PROHIBITION ON USE OF FUNDS FROM FUND.—A State
shall not use funds from the Fund to carry out paragraph
(1).
SEC. 108. ENVIRONMENT AND PROJECT TRUST FUND.
(a) ESTABLISHMENT.—On completion of the conveyance, the
State shall establish, in an interest-bearing account at an accredited
financial institution located within the State, the Environment and
Project Trust Fund.
(b) AMOUNTS.—The Fund shall consist of—
(1) an annual deposit from the operation and maintenance
funding provided for the laboratory in an amount to be
determined—
(A) by the State, in consultation with the Administrator
and the Scientific Advisory Board; and
(B) after taking into consideration—
(i) the nature of the projects and experiments being
conducted at the laboratory;
(ii) available amounts in the Fund;
(iii) any pending costs or claims that may be
required to be paid out of the Fund; and
(iv) the amount of funding required for future
actions associated with the closure of the facility;
(2) an amount determined by the State, in consultation
with the Administrator and the Scientific Advisory Board, and
H. R. 3338—123
to be paid by the appropriate project sponsor, for each project
to be conducted, which amount—
(A) shall be used to pay—
(i) costs incurred in removing from the Mine or
laboratory equipment or other materials related to the
project;
(ii) claims arising out of or in connection with
the project; and
(iii) if any portion of the amount remains after
paying the expenses described in clauses (i) and (ii),
other costs described in subsection (c); and
(B) may, at the discretion of the State, be assessed—
(i) annually; or
(ii) in a lump sum as a prerequisite to the approval
of the project;
(3) interest earned on amounts in the Fund, which amount
of interest shall be used only for a purpose described in sub-
section (c); and
(4) all other funds received and designated by the State
for deposit in the Fund.
(c) EXPENDITURES FROM FUND.—Amounts in the Fund shall
be used only for the purposes of funding—
(1) waste and hazardous substance removal or remediation,
or other environmental cleanup at the Mine;
(2) removal of equipment and material no longer used,
or necessary for use, in conjunction with a project conducted
at the laboratory;
(3) a claim arising out of or in connection with the con-
ducting of such a project;
(4) purchases of insurance by the State as required under
section 107;
(5) payments for and other costs relating to liability
described in section 106; and
(6) closure of the Mine and laboratory.
(d) FEDERAL PAYMENTS FROM FUND.—The United States—
(1) to the extent the United States assumes liability under
section 106—
(A) shall be a beneficiary of the Fund; and
(B) may direct that amounts in the Fund be applied
to pay amounts and costs described in this section; and
(2) may take action to enforce the right of the United
States to receive one or more payments from the Fund.
(e) NO REQUIREMENT OF DEPOSIT OF PUBLIC FUNDS.—Nothing
in this section requires the State to deposit State funds as a
condition of the assumption by the United States of liability, or
the relief of the State or Homestake from liability, under section
106.
SEC. 109. WASTE ROCK MIXING.
After completion of the conveyance, the State shall obtain the
approval of the Administrator before disposing of any material
quantity of laboratory waste rock if—
(1) the disposal site is on land not conveyed under this
title; and
(2) the State determines that the disposal could result
in commingling of laboratory waste rock with waste rock dis-
posed of by Homestake before the date of conveyance.
H. R. 3338—124
SEC. 110. REQUIREMENTS FOR OPERATION OF LABORATORY.
After the conveyance, nothing in this title exempts the labora-
tory from compliance with any law (including a Federal environ-
mental law).
SEC. 111. CONTINGENCY.
This title shall be effective contingent on approval by the
National Science Board and the making of an award by the National
Science Foundation for the establishment of the laboratory at the
Mine.
SEC. 112. OBLIGATION IN THE EVENT OF NONCONVEYANCE.
If the conveyance under this title does not occur, any obligation
of Homestake relating to the Mine shall be limited to such reclama-
tion or remediation as is required under any applicable law other
than this title.
SEC. 113. PAYMENT AND REIMBURSEMENT OF COSTS.
The United States may seek payment—
(1) from the Fund, under section 108(d), to pay or reimburse
the United States for amounts payable or liabilities incurred
under this title; and
(2) from available insurance, to pay or reimburse the
United States and the Fund for amounts payable or liabilities
incurred under this title.
SEC. 114. CONSENT DECREES.
Nothing in this title affects any obligation of a party under—
(1) the 1990 Remedial Action Consent Decree (Civ. No.
90–5101 D. S.D.); or
(2) the 1999 Natural Resource Damage Consent Decree
(Civ. Nos. 97–5078 and 97–5100, D. S.D.).
SEC. 115. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are
necessary to carry out this title.
SEC. 116. CONGRESSIONAL BUDGET ACT.
Notwithstanding Rule 3 of the Budget Scorekeeping Guidelines
set forth in the joint explanatory statement of the committee of
conference accompanying Conference Report 105–217, the provisions
of this title that would have been estimated by the Office of Manage-
ment and Budget as changing direct spending or receipts under
section 252 of the Balanced Budget and Emergency Deficit Control
Act of 1985 were it included in an Act other than an appropriations
Act shall be treated as direct spending or receipts legislation, as
appropriate, under section 252 of the Balanced Budget and Emer-
gency Deficit Control Act of 1985, and by the Chairmen of the
House and Senate Budget Committees, as appropriate, under the
Congressional Budget Act.
TITLE II—GENERAL PROVISION, THIS DIVISION
SEC. 201. TRUSTEES OF THE JOHN F. KENNEDY CENTER FOR
THE PERFORMING ARTS. (a) MEMBERSHIP.—Section 2(a) of the John
F. Kennedy Center Act (20 U.S.C. 76h(a)) is amended—
(1) by striking ‘‘There is hereby’’ and inserting the fol-
lowing:
‘‘(1) IN GENERAL.—There is’’; and
H. R. 3338—125
(2) by striking the second sentence and inserting the fol-
lowing:
‘‘(2) MEMBERSHIP.—The Board shall be composed of—
‘‘(A) the Secretary of Health and Human Services;
‘‘(B) the Librarian of Congress;
‘‘(C) the Secretary of State;
‘‘(D) the Chairman of the Commission of Fine Arts;
‘‘(E) the Mayor of the District of Columbia;
‘‘(F) the Superintendent of Schools of the District of
Columbia;
‘‘(G) the Director of the National Park Service;
‘‘(H) the Secretary of Education;
‘‘(I) the Secretary of the Smithsonian Institution;
‘‘(J)(i) the Speaker and the Minority Leader of the
House of Representatives;
‘‘(ii) the chairman and ranking minority member of
the Committee on Public Works and Transportation of
the House of Representatives; and
‘‘(iii) three additional Members of the House of Rep-
resentatives appointed by the Speaker of the House of
Representatives;
‘‘(K)(i) the Majority Leader and the Minority Leader
of the Senate;
‘‘(ii) the chairman and ranking minority member of
the Committee on Environment and Public Works of the
Senate; and
‘‘(iii) three additional Members of the Senate appointed
by the President of the Senate; and
‘‘(L) thirty-six general trustees, who shall be citizens
of the United States, to be appointed in accordance with
subsection (b).’’.
(b) TERMS OF OFFICE FOR NEW GENERAL TRUSTEES.—Section
2(b) of the John F. Kennedy Center Act (20 U.S.C. 76h(b)) shall
apply to each general trustee of the John F. Kennedy Center for
the Performing Arts whose position is established by the amend-
ment made by subsection (a)(2) (referred to in this subsection as
a ‘‘new general trustee’’), except that the initial term of office
of each new general trustee shall—
(1) commence on the date on which the new general trustee
is appointed by the President; and
(2) terminate on September 1, 2007.
H. R. 3338—126
This Act may be cited as the ‘‘Department of Defense and
Emergency Supplemental Appropriations for Recovery from and
Response to Terrorist Attacks on the United States Act, 2002’’.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.