H. R. 4775
One Hundred Seventh Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the twenty-third day of January, two thousand and two
An Act
Making supplemental appropriations for further recovery from and response to
terrorist attacks on the United States for the fiscal year ending September 30,
2002, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That the
following sums are appropriated, out of any money in the Treasury
not otherwise appropriated, for the fiscal year ending September
30, 2002, and for other purposes, namely:
TITLE I—SUPPLEMENTAL APPROPRIATIONS
CHAPTER 1
DEPARTMENT OF AGRICULTURE
OFFICE OF THE SECRETARY
(INCLUDING TRANSFERS OF FUNDS)
For an additional amount for ‘‘Office of the Secretary’’,
$18,000,000, to remain available until expended: Provided, That
the Secretary shall transfer these funds to the Agricultural Research
Service, the Animal and Plant Health Inspection Service, the Agri-
cultural Marketing Service, and/or the Food Safety and Inspection
Service: Provided further, That the entire amount is designated
by the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended: Provided further, That the entire amount
shall be available only to the extent an official budget request
that includes designation of the entire amount of the request as
an emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is transmitted
by the President to the Congress.
AGRICULTURAL RESEARCH SERVICE
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Expenses’’,
$8,000,000, to remain available until September 30, 2003: Provided,
That the entire amount is designated by the Congress as an emer-
gency requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended:
Provided further, That the entire amount shall be available only
to the extent an official budget request that includes designation
H. R. 4775—2
of the entire amount of the request as an emergency requirement
as defined in the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended, is transmitted by the President to the
Congress.
BUILDINGS AND FACILITIES
For an additional amount for ‘‘Buildings and Facilities’’,
$25,000,000, to remain available until expended.
COOPERATIVE STATE RESEARCH, EDUCATION, AND EXTENSION
SERVICE
EXTENSION ACTIVITIES
For an additional amount for ‘‘Extension Activities’’, $6,000,000,
to remain available until September 30, 2003: Provided, That the
entire amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended: Provided
further, That the entire amount shall be available only to the
extent an official budget request that includes designation of the
entire amount of the request as an emergency requirement as
defined in the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended, is transmitted by the President to the
Congress.
ANIMAL AND PLANT HEALTH INSPECTION SERVICE
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Expenses’’,
$33,000,000, to remain available until September 30, 2003: Pro-
vided, That this amount shall include assistance in State efforts
to prevent and control transmissible spongiform encephalopathy,
including chronic wasting disease and scrapie, in farmed and free-
ranging animals: Provided further, That the entire amount is des-
ignated by the Congress as an emergency requirement pursuant
to section 251(b)(2)(A) of the Balanced Budget and Emergency Def-
icit Control Act of 1985, as amended: Provided further, That the
entire amount shall be available only to the extent an official
budget request that includes designation of the entire amount of
the request as an emergency requirement as defined in the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended,
is transmitted by the President to the Congress.
FOOD SAFETY AND INSPECTION SERVICE
For an additional amount for ‘‘Food Safety and Inspection
Service’’, $13,000,000, to remain available until September 30, 2003:
Provided, That the entire amount is designated by the Congress
as an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985,
as amended: Provided further, That the entire amount shall be
available only to the extent an official budget request that includes
designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted by the
President to the Congress.
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NATURAL RESOURCES CONSERVATION SERVICE
WATERSHED AND FLOOD PREVENTION OPERATIONS
For an additional amount for ‘‘Watershed and Flood Prevention
Operations’’, for emergency recovery operations, $144,000,000, to
remain available until expended: Provided, That of this amount,
$50,000,000 is designated by the Congress as an emergency require-
ment pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended: Provided fur-
ther, That $50,000,000 shall be available only to the extent an
official budget request, that includes designation of $50,000,000
as an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended, is trans-
mitted by the President to the Congress.
RURAL DEVELOPMENT
RURAL COMMUNITY ADVANCEMENT PROGRAM
For an additional amount for ‘‘Rural Community Advancement
Program’’ for emergency purposes for grants and loans as authorized
by 7 U.S.C. 381E(d)(2), 306(a)(14), and 306C, $20,000,000, with
up to $5,000,000 for contracting with qualified organization(s) to
conduct vulnerability assessments for rural community water sys-
tems, to remain available until expended: Provided, That the entire
amount is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985, as amended: Provided further,
That the entire amount shall be available only to the extent an
official budget request that includes designation of the entire
amount of the request as an emergency requirement as defined
in the Balanced Budget and Emergency Deficit Control Act of
1985, as amended, is transmitted by the President to the Congress.
RURAL UTILITIES SERVICE
LOCAL TELEVISION LOAN GUARANTEE PROGRAM ACCOUNT
(INCLUDING RESCISSION)
Of funds made available under this heading for the cost of
guaranteed loans, including the cost of modifying loans as defined
in section 502 of the Congressional Budget Act of 1974, $20,000,000
are rescinded.
For an additional amount for ‘‘Local Television Loan Guarantee
Program Account’’, $8,000,000, to remain available until expended.
FOOD AND NUTRITION SERVICE
SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS,
AND CHILDREN (WIC)
For an additional amount for ‘‘Special Supplemental Nutrition
Program for Women, Infants, and Children (WIC)’’, $75,000,000,
to remain available until September 30, 2003: Provided, That of
the amounts provided under this heading, the Secretary shall allo-
cate funds, notwithstanding section 17(i) of the Child Nutrition
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Act of 1966, as amended, in the manner and under a formula
the Secretary deems necessary to respond to caseload requirements.
FOOD STAMP PROGRAM
(RESCISSION)
Of funds which may be reserved by the Secretary for allocation
to State agencies under section 16(h)(1) of the Food Stamp Act
of 1977 to carry out the Employment and Training program,
$24,000,000 are rescinded and returned to the Treasury.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
FOOD AND DRUG ADMINISTRATION
SALARIES AND EXPENSES
For an additional amount for ‘‘Food and Drug Administration,
Salaries and Expenses’’, $17,000,000, to remain available until
expended: Provided, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of such Act: Provided further, That the entire amount
shall be available only to the extent an official budget request,
that includes designation of the entire amount of the request as
an emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is transmitted
by the President to the Congress.
GENERAL PROVISIONS—THIS CHAPTER
SEC. 101. Of the funds made available for the Export Enhance-
ment Program, pursuant to section 301(e) of the Agricultural Trade
Act of 1978, as amended by Public Law 104–127, not more than
$33,000,000 shall be available in fiscal year 2002.
SEC. 102. ASSISTANCE TO AGRICULTURAL PRODUCERS WHO HAVE
USED WATER FOR IRRIGATION FROM THE RIO GRANDE. (a) IN GEN-
ERAL.—The Secretary of Agriculture shall use $10,000,000 of the
funds of the Commodity Credit Corporation to make a grant to
the State of Texas, acting through the Texas Department of Agri-
culture, to provide assistance to agricultural producers in the State
of Texas with farming operations along the Rio Grande who have
suffered economic losses during the 2001 crop year due to the
failure of Mexico to deliver water to the United States in accordance
with the Treaty Relating to the Utilization of Waters of the Colorado
and Tijuana Rivers and of the Rio Grande, and Supplementary
Protocol signed November 14, 1944, signed at Washington on Feb-
ruary 3, 1944 (59 Stat. 1219; TS 944).
(b) AMOUNT.—The amount of assistance provided to individual
agricultural producers under this section shall be proportional to
the amount of actual losses described in subsection (a) that were
incurred by the producers.
SEC. 103. Not later than 14 days after the date of enactment
of this Act, the Secretary of Agriculture shall carry out the transfer
of funds under section 2507(a) of the Food Security and Rural
Investment Act of 2002 (Public Law 107–171).
SEC. 104. (a) RESCISSION.—The unobligated balances of
authority available under section 2108(a) of Public Law 107–20
are rescinded prior to the end of fiscal year 2002.
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(b) APPROPRIATION.—There is appropriated to the Secretary
of Agriculture an amount equal to the unobligated balance rescinded
by subsection (a) for expenses through fiscal year 2003 under the
Agricultural Trade Development and Assistance Act of 1954, as
amended (7 U.S.C. 1721–1726a) for commodities supplied in connec-
tion with dispositions abroad pursuant to title II of said Act.
SEC. 105. Section 416(b)(7)(D)(iv) of the Agricultural Act of
1949 (7 U.S.C. 1431(b)(7)(D)(iv)) is amended by striking ‘‘sub-
section.’’ and inserting in lieu thereof the following: ‘‘subsection,
or to otherwise carry out the purposes of this subsection.’’.
SEC. 106. Notwithstanding any other provision of law and effec-
tive on the date of enactment of this Act, the Secretary may use
an amount not to exceed $12,000,000 from the amounts appro-
priated under the heading ‘‘Food Safety and Inspection Service’’
under the Agriculture, Rural Development, Food and Drug Adminis-
tration, and Related Agencies Appropriations Act, 2001 (Public Law
106–387) to liquidate over-obligations and over-expenditures of the
Food Safety and Inspection Service incurred during previous fiscal
years, approved by the Director of the Office of Management and
Budget based on documentation provided by the Secretary of Agri-
culture.
CHAPTER 2
DEPARTMENT OF JUSTICE
GENERAL ADMINISTRATION
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Expenses’’ for
expenses resulting from the September 11, 2001, terrorist attacks,
$6,750,000: Provided, That such sums as are necessary shall be
derived from the Working Capital Fund for the development,
testing, and deployment of a standards-based, integrated, interoper-
able computer system for the Immigration and Naturalization
Service (‘‘Chimera system’’), to be managed by Justice Management
Division: Provided further, That of the amounts made available
under this heading, $1,000,000 shall only be for the Entry Exit
System, to be managed by the Justice Management Division: Pro-
vided further, That none of the funds appropriated in this Act,
or in Public Law 107–117, for the Immigration and Naturalization
Service’s Entry Exit System may be obligated until the INS submits
a plan for expenditure that: (1) meets the capital planning and
investment control review requirements established by the Office
of Management and Budget, including OMB Circular A–11, part
3; (2) complies with the acquisition rules, requirements, guidelines,
and systems acquisition management practices of the Federal
Government; (3) is reviewed by the General Accounting Office;
and (4) has been approved by the Committees on Appropriations:
Provided further, That funds provided under this heading shall
only be available for obligation and expenditure in accordance with
the procedures applicable to reprogramming notifications set forth
in section 605 of Public Law 107–77: Provided further, That the
entire amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended: Provided
further, That $1,000,000 shall be available only to the extent an
H. R. 4775—6
official budget request that includes designation of the $1,000,000
as an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended, is trans-
mitted by the President to the Congress.
SALARIES AND EXPENSES, UNITED STATES ATTORNEYS
(RESCISSION)
Of the amounts made available under this heading in Public
Law 107–77, $7,000,000 are rescinded.
SALARIES AND EXPENSES, UNITED STATES MARSHALS SERVICE
For an additional amount for ‘‘Salaries and Expenses’’ for emer-
gency expenses resulting from the September 11, 2001, terrorist
attacks, $37,900,000, to remain available until expended: Provided,
That the entire amount is designated by the Congress as an emer-
gency requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended:
Provided further, That the entire amount shall be available only
to the extent that an official budget request, that includes designa-
tion of the entire amount of the request as an emergency require-
ment as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the President
to the Congress.
FEDERAL PRISONER DETENTION
(RESCISSION)
Of the amounts made available under this heading in Public
Law 107–77, $30,000,000 are rescinded.
ASSETS FORFEITURE FUND
(RESCISSION)
Of the unobligated balances available under this heading,
$5,000,000 are rescinded.
FEDERAL BUREAU OF INVESTIGATION
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Expenses’’ for emer-
gency expenses resulting from the September 11, 2001, terrorist
attacks, $175,000,000, to remain available until September 30, 2004:
Provided, That the entire amount is designated by the Congress
as an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985,
as amended: Provided further, That $165,000,000 shall be available
only to the extent that an official budget request that includes
designation of the $165,000,000 as an emergency requirement as
defined in the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended, is transmitted by the President to the
Congress.
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IMMIGRATION AND NATURALIZATION SERVICE
SALARIES AND EXPENSES
ENFORCEMENT AND BORDER AFFAIRS
For an additional amount for ‘‘Salaries and Expenses, Enforce-
ment and Border Affairs’’ for emergency expenses resulting from
the September 11, 2001, terrorist attacks, $81,250,000, to remain
available until expended, of which $25,000,000 shall only be avail-
able for fleet management: Provided, That the entire amount is
designated by the Congress as an emergency requirement pursuant
to section 251(b)(2)(A) of the Balanced Budget and Emergency Def-
icit Control Act of 1985, as amended: Provided further, That
$46,250,000 shall be available only to the extent that an official
budget request that includes designation of the $46,250,000 as
an emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is transmitted
by the President to the Congress.
CONSTRUCTION
For an additional amount for ‘‘Construction’’ for emergency
expenses resulting from the September 11, 2001, terrorist attacks,
$32,100,000, to remain available until expended: Provided, That
the entire amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended: Provided
further, That the entire amount shall be available only to the
extent an official budget request that includes designation of the
entire amount of the request as an emergency requirement as
defined in the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended, is transmitted by the President to the
Congress.
FEDERAL PRISON SYSTEM
BUILDINGS AND FACILITIES
(RESCISSION)
Of the amounts made available under this heading in Public
Law 107–77 for buildings and facilities, $5,000,000 are rescinded.
OFFICE OF JUSTICE PROGRAMS
JUSTICE ASSISTANCE
(INCLUDING RESCISSION)
For an additional amount for ‘‘Justice Assistance’’ for grants,
cooperative agreements, and other assistance authorized by sections
819 and 821 of the Antiterrorism and Effective Death Penalty
Act of 1996 and section 1014 of the USA PATRIOT Act (Public
Law 107–56) and for other counter-terrorism programs, including
first responder training and equipment to respond to acts of ter-
rorism, including incidents involving weapons of mass destruction
or chemical or biological weapons, $151,300,000, to remain available
until expended: Provided, That no funds under this heading shall
be used to duplicate the Federal Emergency Management Agency
H. R. 4775—8
Fire Grant program: Provided further, That the entire amount
is designated by the Congress as an emergency requirement pursu-
ant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further, That
the entire amount shall be available only to the extent an official
budget request that includes designation of the entire amount of
the request as an emergency requirement as defined in the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended,
is transmitted by the President to the Congress.
Of the amounts made available under this heading for the
Office of the Assistant Attorney General for Office of Justice Pro-
grams, $600,000 are rescinded.
COMMUNITY ORIENTED POLICING SERVICES
For an amount to establish the Community Oriented Policing
Services’ Interoperable Communications Technology Program in
consultation with the Office of Science and Technology within the
National Institute of Justice, and the Bureau of Justice Assistance,
for emergency expenses for activities related to combating terrorism
by providing grants to States and localities to improve communica-
tions within, and among, law enforcement agencies, $50,000,000,
to remain available until expended: Provided, That the entire
amount is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985, as amended: Provided further,
That the entire amount shall be available only to the extent an
official budget request that includes designation of the entire
amount of the request as an emergency requirement as defined
in the Balanced Budget and Emergency Deficit Control Act of
1985, as amended, is transmitted by the President to the Congress.
DEPARTMENT OF COMMERCE AND RELATED AGENCIES
RELATED AGENCIES
OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Expenses’’ for emer-
gency expenses for increased security requirements, $1,100,000,
to remain available until expended: Provided, That the entire
amount is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985, as amended: Provided further,
That the entire amount shall be available only to the extent that
an official budget request, that includes designation of the entire
amount of the request as an emergency requirement as defined
in the Balanced Budget and Emergency Deficit Control Act of
1985, as amended, is transmitted by the President to the Congress.
H. R. 4775—9
DEPARTMENT OF COMMERCE
BUREAU OF THE CENSUS
PERIODIC CENSUSES AND PROGRAMS
(RESCISSION)
Of the amounts made available under this heading in prior
fiscal years, excepting funds designated for the Suitland Federal
Center, $11,300,000 are rescinded.
NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY
SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES
For an additional amount for ‘‘Scientific and Technical Research
and Services’’ for emergency expenses resulting from new homeland
security activities and increased security requirements, $37,100,000,
of which $20,000,000 is for a cyber-security initiative: Provided,
That the entire amount is designated by the Congress as an emer-
gency requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended:
Provided further, That $33,100,000 shall be available only to the
extent an official budget request that includes designation of the
$33,100,000 as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Congress.
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
OPERATIONS, RESEARCH, AND FACILITIES
(INCLUDING RESCISSION)
For an additional amount for ‘‘Operations, Research, and Facili-
ties’’ for emergency expenses resulting from homeland security
activities, $4,800,000, of which $2,000,000 is to address critical
mapping and charting backlog requirements and $2,800,000 is for
backup capability for National Oceanic and Atmospheric Adminis-
tration critical satellite products and services, to remain available
until September 30, 2003: Provided, That $2,800,000 is designated
by the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended: Provided further, That $2,800,000 shall
be available only to the extent an official budget request that
includes designation of the $2,800,000 as an emergency requirement
as defined in the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended, is transmitted by the President to the
Congress.
Of the unobligated balances remaining under this heading as
provided by section 817 of Public Law 106–78, $8,100,000 are
rescinded.
PROCUREMENT, ACQUISITION AND CONSTRUCTION
For an additional amount for ‘‘Procurement, Acquisition and
Construction’’ for emergency expenses resulting from homeland
security activities, $7,200,000 for a supercomputer backup, to
H. R. 4775—10
remain available until September 30, 2003: Provided, That the
entire amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended: Provided
further, That the entire amount shall be available only to the
extent an official budget request that includes designation of the
entire amount of the request as an emergency requirement as
defined in the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended, is transmitted by the President to the
Congress.
FISHERIES FINANCE PROGRAM ACCOUNT
Funds provided under the heading, ‘‘Fisheries Finance Program
Account’’ for the direct loan program authorized by the Merchant
Marine Act of 1936, as amended, are available to subsidize gross
obligations for the principal amount of direct loans not to exceed
$5,000,000 for Individual Fishing Quota loans, and not to exceed
$19,000,000 for Traditional loans.
DEPARTMENTAL MANAGEMENT
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Expenses’’ for emer-
gency expenses resulting from new homeland security activities,
$400,000: Provided, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended.
THE JUDICIARY
SUPREME COURT OF THE UNITED STATES
CARE OF THE BUILDING AND GROUNDS
For an additional amount for ‘‘Care of the Building and
Grounds’’ for emergency expenses for security upgrades and renova-
tions of the Supreme Court building, $10,000,000, to remain avail-
able until expended: Provided, That the entire amount is designated
by the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended.
COURTS OF APPEALS, DISTRICT COURTS, AND OTHER JUDICIAL
SERVICES
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Expenses’’ for emer-
gency expenses to enhance security and to provide for extraordinary
costs related to terrorist trials, $7,115,000, to remain available
until expended: Provided, That the entire amount is designated
by the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended: Provided further, That $3,972,000 shall
be available only to the extent that an official budget request
H. R. 4775—11
that includes designation of the $3,972,000 as an emergency require-
ment as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the President
to the Congress.
DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
ADMINISTRATION OF FOREIGN AFFAIRS
DIPLOMATIC AND CONSULAR PROGRAMS
For an additional amount for ‘‘Diplomatic and Consular Pro-
grams’’, for emergency expenses for activities related to combating
international terrorism, $47,450,000, to remain available until Sep-
tember 30, 2003: Provided, That the entire amount is designated
by the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended.
EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS
For an additional amount for ‘‘Educational and Cultural
Exchange Programs’’, for emergency expenses for activities related
to combating international terrorism, $15,000,000, to remain avail-
able until expended: Provided, That the entire amount is designated
by the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended: Provided further, That $5,000,000 shall
be available only to the extent an official budget request that
includes designation of the $5,000,000 as an emergency requirement
as defined in the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended, is transmitted by the President to the
Congress.
EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE
For an additional amount for ‘‘Embassy Security, Construction,
and Maintenance’’, for emergency expenses for activities related
to combating international terrorism, $210,516,000, to remain avail-
able until expended: Provided, That the entire amount is designated
by the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended: Provided further, That $10,000,000 shall
be available only to the extent an official budget request that
includes designation of the $10,000,000 as an emergency require-
ment as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the President
to the Congress.
INTERNATIONAL ORGANIZATIONS AND CONFERENCES
CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS
For an additional amount for ‘‘Contributions to International
Organizations’’, for emergency expenses for activities related to
combating international terrorism, $7,000,000, to remain available
until September 30, 2003: Provided, That the entire amount is
H. R. 4775—12
designated by the Congress as an emergency requirement pursuant
to section 251(b)(2)(A) of the Balanced Budget and Emergency Def-
icit Control Act of 1985, as amended.
CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES
For an additional amount for ‘‘Contributions for International
Peacekeeping Activities’’ to make United States peacekeeping pay-
ments to the United Nations at a time of multilateral cooperation
in the war on terrorism, $23,034,000: Provided, That the entire
amount is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985, as amended.
RELATED AGENCY
BROADCASTING BOARD OF GOVERNORS
INTERNATIONAL BROADCASTING OPERATIONS
For an additional amount for ‘‘International Broadcasting Oper-
ations’’, for emergency expenses for activities related to combating
international terrorism, $7,400,000, to remain available until Sep-
tember 30, 2003: Provided, That funds appropriated by this para-
graph shall be available notwithstanding sections 308(c) and 313
of the Foreign Relations Authorization Act, Fiscal Years 1994 and
1995: Provided further, That the entire amount is designated by
the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended.
BROADCASTING CAPITAL IMPROVEMENTS
For an additional amount for ‘‘Broadcasting Capital Improve-
ments’’ for emergency expenses for activities related to combating
international terrorism, $7,700,000, to remain available until
expended: Provided, That funds appropriated by this paragraph
shall be available notwithstanding section 313 of the Foreign Rela-
tions Authorization Act, Fiscal Years 1994 and 1995.
RELATED AGENCIES
DEPARTMENT OF TRANSPORTATION
MARITIME ADMINISTRATION
MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM ACCOUNT
(RESCISSION)
Of the unobligated balances available under this heading,
$5,000,000 are rescinded.
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SECURITIES AND EXCHANGE COMMISSION
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Expenses’’ to
respond to increased needs for enforcement and oversight of cor-
porate finance, $30,900,000 from fees collected in fiscal year 2002,
to remain available until expended.
In addition, for an additional amount for ‘‘Salaries and
Expenses’’ for emergency expenses resulting from the September
11, 2001, terrorist attacks, $9,300,000, to remain available until
expended: Provided, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended: Provided further, That the entire amount
shall be available only to the extent an official budget request
that includes designation of the entire amount of the request as
an emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is transmitted
by the President to the Congress.
GENERAL PROVISIONS—THIS CHAPTER
SEC. 201. Funds appropriated by this Act for the Broadcasting
Board of Governors and the Department of State may be obligated
and expended notwithstanding section 15 of the State Department
Basic Authorities Act of 1956, as amended.
SEC. 202. Section 286(e)(3) of the Immigration and Nationality
Act (8 U.S.C. 1356(e)(3)) is amended—
(1) by striking ‘‘is authorized to’’ and inserting ‘‘shall’’;
and
(2) by striking ‘‘authorization’’ and inserting ‘‘requirement’’.
SEC. 203. (a)(1) During fiscal year 2002 and each succeeding
fiscal year, notwithstanding any provision of the Federal Rules
of Criminal Procedure to the contrary, in order to permit victims
of crimes associated with the terrorist acts of September 11, 2001,
to watch trial proceedings in the criminal case against Zacarias
Moussaoui, the trial court in that case shall order, subject to para-
graph (3) and subsection (b), closed circuit televising of the trial
proceedings to convenient locations the trial court determines are
reasonably necessary, for viewing by those victims.
(2)(A) As used in this section and subject to subparagraph
(B), the term ‘‘victims of crimes associated with the terrorist acts
of September 11, 2001’’ means individuals who—
(i) suffered direct physical harm as a result of the terrorist
acts that occurred in New York, Pennsylvania and Virginia
on September 11, 2001 (hereafter in this section ‘‘terrorist
acts’’) and were present at the scene of the terrorist acts when
they occurred, or immediately thereafter; or
(ii) are the spouse, legal guardian, parent, child, brother,
or sister of, or who as determined by the court have a relation-
ship of similar significance to, an individual described in
subparagraph (A)(i), if the latter individual is under 18 years
of age, incompetent, incapacitated, has a serious injury, or
disability that requires assistance of another person for
mobility, or is deceased.
H. R. 4775—14
(B) The term defined in paragraph (A) shall not apply to an
individual who participated or conspired in one or more of the
terrorist acts.
(3) Nothing in this section shall be construed to eliminate
or limit the district court’s discretion to control the manner, cir-
cumstances, or availability of the broadcast where necessary to
control the courtroom or protect the integrity of the trial proceedings
or the safety of the trial participants. The district court’s exercise
of such discretion shall be entitled to substantial deference.
(b) Except as provided in subsection (a), the terms and restric-
tions of section 235(b), (c), (d) and (e) of the Antiterrorism and
Effective Death Penalty Act of 1996 (42 U.S.C. 10608(b), (c), (d),
and (e)), shall apply to the televising of trial proceedings under
this section.
SEC. 204. Title II of Public Law 107–77 is amended in the
second undesignated paragraph under the heading ‘‘Department
of Commerce, National Institute of Standards and Technology,
Industrial Technology Services’’ by striking ‘‘not to exceed
$60,700,000 shall be available for the award of new grants’’ and
inserting ‘‘not less than $60,700,000 shall be used before October
1, 2002 for the award of new grants’’.
SEC. 205. None of the funds appropriated or otherwise made
available by this Act or any other Act may be used to implement,
enforce, or otherwise abide by the Memorandum of Agreement
signed by the Federal Trade Commission and the Antitrust Division
of the Department of Justice on March 5, 2002.
SEC. 206. Public Law 106–256 is amended in section 3(f)(1)
by striking ‘‘within 18 months of the establishment of the Commis-
sion’’ and inserting ‘‘by June 20, 2003’’.
SEC. 207. The American Section, International Joint Commis-
sion, United States and Canada, is authorized to receive funds
from the United States Army Corps of Engineers for the purposes
of conducting investigations, undertaking studies, and preparing
reports in connection with a reference to the International Joint
Commission on the Devils Lake project mentioned in Public Law
106–377.
SEC. 208. Section 282(a)(2)(D) of the Agricultural Marketing
Act of 1946 is amended to read as follows:
‘‘(D) in the case of wild fish, is—
‘‘(i) harvested in the United States, a territory
of the United States, or a State, or by a vessel that
is documented under chapter 121 of title 46, United
States Code, or registered in the United States; and
‘‘(ii) processed in the United States, a territory
of the United States, or a State, including the waters
thereof, or aboard a vessel that is documented under
chapter 121 of title 46, United States Code, or reg-
istered in the United States; and’’.
SEC. 209. Of the amounts appropriated in Public Law 107–
77, under the heading ‘‘Department of Commerce, National Oceanic
and Atmospheric Administration, Operations, Research, and Facili-
ties’’, for coral reef programs, $2,500,000, for a cooperative agree-
ment with the National Defense Center of Excellence for Research
in Ocean Sciences to conduct coral mapping in the waters of the
Hawaiian Islands and the surrounding Exclusive Economic Zone
in accordance with the mapping implementation strategy of the
United States Coral Reef Task Force.
H. R. 4775—15
SEC. 210. In addition to amounts appropriated or otherwise
made available by this Act or any other Act, $11,000,000 is appro-
priated to enable the Secretary of Commerce to provide economic
assistance to fishermen and fishing communities affected by Federal
closures and fishing restrictions in the New England groundfish
fishery, to remain available until September 30, 2003.
SEC. 211. In addition to amounts appropriated or otherwise
made available by this Act or any other Act, $5,000,000 shall
be provided for a National Oceanic and Atmospheric Administration
cooperative research program in Massachusetts, New Hampshire,
Maine and Rhode Island, to remain available until expended: Pro-
vided, That of this amount $500,000 shall be for the cost of a
reduction loan as authorized under sections 1111 and 1112 of title
XI of the Merchant Marine Act, 1936, (46 U.S.C. App. 1279g)
to carry out a New England groundfish fishing capacity reduction
program under section 312(b) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1861a(b)) that shall—
(1) permanently revoke all fishery licenses, fishery permits,
area and species endorsements, and any other fishery privileges
issued to a vessel or vessels (or to persons on the basis of
their operation or ownership of that vessel or vessels) removed
under the program; and
(2) ensure that vessels removed under the program are
made permanently ineligible to participate in any fishery world-
wide, and that the owners of such vessels will operate only
under the United States flag or be scrapped as a reduction
vessel pursuant to section 600.1011(c) of title 50, Code of Fed-
eral Regulations.
SEC. 212. Of the amounts appropriated in Public Law 107–
77, under the heading ‘‘Department of Commerce, National Oceanic
and Atmospheric Administration, Operations, Research, and Facili-
ties’’, for Oregon groundfish cooperative research, $500,000 shall
be for the cost of a reduction loan as authorized under sections
1111 and 1112 of title XI of the Merchant Marine Act, 1936 (46
U.S.C. App. 1279f and 1279g) to carry out a West Coast groundfish
fishing capacity reduction program under section 312(b) of the
Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1861a(b)) that shall—
(1) permanently revoke all fishery licenses, fishery permits,
area and species endorsements, and any other fishery privileges
issued to a vessel or vessels (or to persons on the basis of
their operation or ownership of that vessel or vessels) removed
under the program; and
(2) ensure that vessels removed under the program are
made permanently ineligible to participate in any fishery world-
wide, and that the owners of such vessels will operate only
under the United States flag or be scrapped as a reduction
vessel pursuant to section 600.1011(c) of title 50, Code of Fed-
eral Regulations.
SEC. 213. Amounts appropriated by title V of Public Law 107–
77 under the heading ‘‘NATIONAL VETERANS BUSINESS DEVELOP-
MENT CORPORATION’’ (115 Stat. 795) shall remain available until
expended.
H. R. 4775—16
CHAPTER 3
DEPARTMENT OF DEFENSE
MILITARY PERSONNEL
MILITARY PERSONNEL, AIR FORCE
For an additional amount for ‘‘Military Personnel, Air Force’’,
$206,000,000: Provided, That the entire amount is designated by
the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended.
OPERATION AND MAINTENANCE
OPERATION AND MAINTENANCE, ARMY
For an additional amount for ‘‘Operation and Maintenance,
Army’’, $209,000,000, to remain available for obligation until Sep-
tember 30, 2003: Provided, That the entire amount is designated
by the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended: Provided further, That $102,000,000 shall
be available only to the extent that an official budget request,
that includes designation of $102,000,000 as an emergency require-
ment as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the President
to the Congress.
OPERATION AND MAINTENANCE, NAVY
For an additional amount for ‘‘Operation and Maintenance,
Navy’’, $48,750,000, to remain available for obligation until Sep-
tember 30, 2003: Provided, That the entire amount is designated
by the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended: Provided further, That $12,250,000 shall
be available only to the extent that an official budget request,
that includes designation of $12,250,000 as an emergency require-
ment as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the President
to the Congress.
OPERATION AND MAINTENANCE, AIR FORCE
For an additional amount for ‘‘Operation and Maintenance,
Air Force’’, $65,510,000, to remain available for obligation until
September 30, 2003: Provided, That the entire amount is designated
by the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended: Provided further, That $24,510,000 shall
be available only to the extent that an official budget request,
that includes designation of $24,510,000 as an emergency require-
ment as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the President
to the Congress.
H. R. 4775—17
OPERATION AND MAINTENANCE, DEFENSE-WIDE
For an additional amount for ‘‘Operation and Maintenance,
Defense-Wide’’, $721,975,000, to remain available for obligation
until September 30, 2003, of which $390,000,000 may be used,
notwithstanding any other provision of law, for payments to
reimburse Pakistan, Jordan, and other key cooperating nations
for logistical and military support provided to United States military
operations in connection with the Global War on Terrorism: Pro-
vided, That such payments may be made in such amounts as
the Secretary may determine in his discretion, based on documenta-
tion determined by the Secretary to adequately account for the
support provided, in consultation with the Director of the Office
of Management and Budget and 15 days following notification to
the appropriate Congressional committees: Provided further, That
such determination shall be final and conclusive upon the
accounting officers of the United States: Provided further, That
amounts for such payments shall be in addition to any other funds
that may be available for such purpose: Provided further, That
the entire amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended.
DEFENSE EMERGENCY RESPONSE FUND
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for the ‘‘Defense Emergency Response
Fund’’, $11,901,900,000, to remain available for obligation until
September 30, 2003, of which $77,900,000 shall be available for
enhancements to North American Air Defense Command capabili-
ties: Provided, That the Secretary of Defense may transfer the
funds provided herein only to appropriations for military personnel;
operation and maintenance; procurement; research, development,
test and evaluation; the Defense Health Program; Overseas
Humanitarian, Disaster, and Civic Aid; and working capital funds:
Provided further, That notwithstanding the preceding proviso,
$120,000,000 of the funds provided in this paragraph are available
for transfer to any other appropriations accounts of the Department
of Defense, for certain classified activities, and notwithstanding
any other provision of law and of this Act, such funds may be
obligated to carry out projects not otherwise authorized by law:
Provided further, That any funds transferred shall be merged with
and shall be available for the same purposes and for the same
time period as the appropriation to which transferred: Provided
further, That the transfer authority provided in this paragraph
is in addition to any other transfer authority available to the
Department of Defense: Provided further, That upon a determina-
tion that all or part of the funds transferred from this appropriation
are not necessary for the purposes provided herein, such amounts
may be transferred back to this appropriation: Provided further,
That during the current fiscal year, upon a determination by the
Secretary of Defense that funds previously made available to the
‘‘Defense Emergency Response Fund’’ are required to meet other
essential operational or readiness requirements of the military serv-
ices, the Secretary may transfer up to $275,000,000 of funds so
required to the appropriate funds or appropriations of the Depart-
ment of Defense, 15 days after notification to the congressional
H. R. 4775—18
defense committees: Provided further, That the entire amount is
designated by the Congress as an emergency requirement pursuant
to section 251(b)(2)(A) of the Balanced Budget and Emergency Def-
icit Control Act of 1985, as amended: Provided further, That
$601,900,000 shall be available only to the extent that an official
budget request that includes designation of $601,900,000 as an
emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is transmitted
by the President to the Congress.
PROCUREMENT
OTHER PROCUREMENT, ARMY
For an additional amount for ‘‘Other Procurement, Army’’,
$79,200,000, to remain available for obligation until September
30, 2004: Provided, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended.
AIRCRAFT PROCUREMENT, NAVY
For an additional amount for ‘‘Aircraft Procurement, Navy’’,
$22,800,000, to remain available for obligation until September
30, 2004: Provided, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended.
PROCUREMENT OF AMMUNITION, NAVY AND MARINE CORPS
For an additional amount for ‘‘Procurement of Ammunition,
Navy and Marine Corps’’, $262,000,000, to remain available for
obligation until September 30, 2004: Provided, That the entire
amount is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985, as amended.
OTHER PROCUREMENT, NAVY
For an additional amount for ‘‘Other Procurement, Navy’’,
$2,500,000, to remain available for obligation until September 30,
2004: Provided, That the entire amount is designated by the Con-
gress as an emergency requirement pursuant to section 251(b)(2)(A)
of the Balanced Budget and Emergency Deficit Control Act of 1985,
as amended.
PROCUREMENT, MARINE CORPS
For an additional amount for ‘‘Procurement, Marine Corps’’,
$3,500,000, to remain available for obligation until September 30,
2004: Provided, That the entire amount is designated by the Con-
gress as an emergency requirement pursuant to section 251(b)(2)(A)
of the Balanced Budget and Emergency Deficit Control Act of 1985,
as amended.
H. R. 4775—19
AIRCRAFT PROCUREMENT, AIR FORCE
For an additional amount for ‘‘Aircraft Procurement, Air Force’’,
$118,000,000, to remain available for obligation until September
30, 2004: Provided, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended: Provided further, That $25,000,000 shall
be available only to the extent that an official budget request,
that includes designation of $25,000,000 as an emergency require-
ment as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the President
to the Congress.
PROCUREMENT OF AMMUNITION, AIR FORCE
For an additional amount for ‘‘Procurement of Ammunition,
Air Force’’, $115,000,000, to remain available for obligation until
September 30, 2004: Provided, That the entire amount is designated
by the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended.
OTHER PROCUREMENT, AIR FORCE
For an additional amount for ‘‘Other Procurement, Air Force’’,
$747,840,000, to remain available for obligation until September
30, 2004: Provided, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended.
PROCUREMENT, DEFENSE-WIDE
For an additional amount for ‘‘Procurement, Defense-Wide’’,
$104,425,000, to remain available for obligation until September
30, 2004: Provided, That funds may be used to purchase two vehicles
required for physical security of personnel, notwithstanding price
limitations applicable to passenger vehicles, but not to exceed
$175,000 per vehicle: Provided further, That the entire amount
is designated by the Congress as an emergency requirement pursu-
ant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further, That
$4,925,000 shall be available only to the extent an official budget
request, that includes designation of $4,925,000 as an emergency
requirement as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted by the
President to the Congress.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY
For an additional amount for ‘‘Research, Development, Test
and Evaluation, Army’’, $8,200,000, to remain available for obliga-
tion until September 30, 2003: Provided, That the entire amount
H. R. 4775—20
is designated by the Congress as an emergency requirement pursu-
ant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY
For an additional amount for ‘‘Research, Development, Test
and Evaluation, Navy’’, $9,000,000, to remain available for obliga-
tion until September 30, 2003: Provided, That the entire amount
is designated by the Congress as an emergency requirement pursu-
ant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR FORCE
For an additional amount for ‘‘Research, Development, Test
and Evaluation, Air Force’’, $198,400,000, to remain available for
obligation until September 30, 2003: Provided, That the entire
amount is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985, as amended: Provided further,
That $137,600,000 shall be available only to the extent that an
official budget request, that includes designation of $137,600,000
as an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended, is trans-
mitted by the President to the Congress.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, DEFENSE-WIDE
For an additional amount for ‘‘Research, Development, Test
and Evaluation, Defense-Wide’’, $67,000,000, to remain available
for obligation until September 30, 2003: Provided, That the entire
amount is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985, as amended.
GENERAL PROVISIONS—THIS CHAPTER
SEC. 301. (a) The appropriation under the heading ‘‘Research,
Development, Test and Evaluation, Navy’’ in the Department of
Defense Appropriations Act, 2002 (Public Law 107–117) is amended
by adding the following proviso immediately after ‘‘September 30,
2003’’: ‘‘: Provided, That funds appropriated in this paragraph which
are available for the V–22 may be used to meet unique requirements
of the Special Operations Forces’’.
(b) The amendment made by subsection (a) shall be effective
as if enacted as part of the Department of Defense Appropriations
Act, 2002.
SEC. 302. During the current fiscal year, the restrictions con-
tained in subsection (d) of 22 U.S.C. 5952 and section 502 of
the Freedom Support Act (Public Law 102–511) shall not apply
if the President certifies in writing to the Speaker of the House
of Representatives and the President pro tempore of the Senate
that waiving such restrictions is important to the national security
interests of the United States.
SEC. 303. Funds appropriated by this Act, or made available
by the transfer of funds in this Act, for intelligence activities are
deemed to be specifically authorized by the Congress for purposes
H. R. 4775—21
of section 504 of the National Security Act of 1947 (50 U.S.C.
414): Provided, That any funds appropriated or transferred to the
Central Intelligence Agency for agent operations or covert action
programs authorized by the President under section 503 of the
National Security Act of 1947, as amended, shall remain available
until September 30, 2003.
SEC. 304. (a) Funds appropriated to the Department of Defense
for fiscal year 2002 for operation and maintenance under the
heading ‘‘Chemical Agents and Munitions Destruction, Army’’, may
be used to pay for additional costs of international inspectors from
the Technical Secretariat of the Organization for the Prohibition
of Chemical Weapons, pursuant to Articles IV and V of the Chemical
Weapons Convention, for inspections and monitoring of Department
of Defense sites and commercial sites that perform services under
contract to the Department of Defense, resulting from the Depart-
ment of Defense’s program to accelerate its chemical demilitariza-
tion schedule.
(b) Expenses which may be paid under subsection (a) include—
(1) salary costs for performance of inspection and moni-
toring duties;
(2) travel, including travel to and from the point of entry
into the United States and internal United States travel;
(3) per diem, not to exceed United Nations rates and in
compliance with United Nations conditions for per diem for
that organization; and
(4) expenses for operation and maintenance of inspection
and monitoring equipment.
SEC. 305. (a)(1) In fiscal year 2002, funds available to the
Department of Defense for assistance to the Government of
Colombia shall be available to support a unified campaign against
narcotics trafficking, against activities by organizations designated
as terrorist organizations such as the Revolutionary Armed Forces
of Colombia (FARC), the National Liberation Army (ELN), and
the United Self-Defense Forces of Colombia (AUC), and to take
actions to protect human health and welfare in emergency cir-
cumstances, including undertaking rescue operations.
(2) The provision shall also apply to unexpired balances and
assistance previously provided from prior years’ Acts available for
purposes identified in subsection (a)(1).
(3) The authority in this section is in addition to authorities
currently available to provide assistance to Colombia.
(b) The authorities provided in subsection (a) shall not be
exercised until the Secretary of Defense certifies to the Congress
that the provisions of section 601(b) of this Act have been complied
with.
(c) Sections 556, 567, and 568 of Public Law 107–115, section
8093 of the Department of Defense Appropriations Act, 2002, and
the numerical limitations on the number of United States military
personnel and United States individual civilian contractors in sec-
tion 3204(b)(1) of Public Law 106–246, as amended, shall be
applicable to funds made available pursuant to the authority con-
tained in subsection (a).
(d) No United States Armed Forces personnel or United States
civilian contractor employed by the United States will participate
in any combat operation in connection with assistance made avail-
able under this chapter, except for the purpose of acting in self
defense or rescuing any United States citizen to include United
H. R. 4775—22
States Armed Forces personnel, United States civilian employees,
and civilian contractors employed by the United States.
SEC. 306. In addition to amounts appropriated or otherwise
made available elsewhere in this Act for the Department of Defense
or in the Department of Defense and Emergency Supplemental
Appropriations for Recovery from and Response to Terrorist Attacks
on the United States Act, 2002 (Public Law 107–117), $75,000,000,
to remain available until September 30, 2003, is hereby appro-
priated to the Department of Defense under the heading ‘‘Chemical
Agents and Munitions Destruction, Army’’ for Research, develop-
ment, test and evaluation, for the purpose of accelerating chemical
agent destruction at Department of Defense facilities: Provided,
That the entire amount made available in this section is designated
by the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended: Provided further, That the entire amount
shall be available only to the extent that an official budget request,
that includes designation of the entire amount as an emergency
requirement as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted by the
President to the Congress.
(RESCISSIONS)
SEC. 307. Of the funds available in Department of Defense
Appropriations Acts or otherwise available to the Department of
Defense, the following funds are hereby rescinded, from the fol-
lowing accounts in the specified amounts:
‘‘Other Procurement, Air Force’’, 2001/2003, $12,500,000;
‘‘Missile Procurement, Air Force’’, 2002/2004, $11,600,000;
‘‘Other Procurement, Air Force’’, 2002/2004, $52,500,000;
‘‘Procurement, Defense-Wide’’, 2002/2004, $30,000,000; and
‘‘Research, Development, Test and Evaluation, Air Force’’,
2002/2003, $56,500,000.
SEC. 308. During the current fiscal year and hereafter, section
2533a of title 10, United States Code, shall not apply to any trans-
action entered into to acquire or sustain aircraft under the authority
of section 8159 of the Department of Defense Appropriations Act,
2002 (division A of Public Law 107–117; 115 Stat. 2284).
SEC. 309. The Secretary of the Army shall obligate and expend
the $2,000,000 appropriated for the Army by Public Law 107–
117 for procurement of smokeless nitrocellulose under Activity 1,
instead of under Activity 2, Production Base Support Industrial
Facilities, for the purpose of preserving a commercially owned and
operated capability of producing defense grade nitrocellulose at
the rate of at least 10,000,000 pounds per year in order to preserve
a commercial manufacturing capability for munitions precursor sup-
plies for the High Zone Modular Artillery Charge System and
to preserve competition in that manufacturing capability.
SEC. 310. Not later than 15 days after the date of the enactment
of this Act, the Secretary of Defense shall obligate, from funds
made available in title II of division A of Public Law 107–117
under the heading ‘‘Operation and Maintenance, Defense-Wide’’
(115 Stat. 2233), $4,000,000 for a grant to support the conversion
of the Naval Security Group, Winter Harbor (the naval base on
Schoodic Peninsula), Maine, to utilization as a research and edu-
cation center for Acadia National Park, Maine, including the
preparation of a plan for the reutilization of the naval base for
H. R. 4775—23
such purpose that will benefit communities in the vicinity of the
naval base and visitors to Acadia National Park and will stimulate
important research and educational activities.
SEC. 311. Of the amount available for fiscal year 2002 for
the Army National Guard for operation and maintenance,
$2,200,000 shall be made available for the Army National Guard
for information operations, information assurance operations, and
training for such operations.
(RESCISSION)
SEC. 312. Of the funds provided under the heading, ‘‘Emergency
Response Fund’’, in Public Law 107–38 that were not subject to
subsequent enactment and not subject to the restrictions of the
fifth proviso of that Act, and subsequently transferred to ‘‘Defense
Emergency Response Fund’’, $224,000,000 of unobligated amounts
are hereby rescinded.
(RESCISSION)
SEC. 313. Of the unobligated funds available in titles III and
IV of the Department of Defense Appropriations Act, 2002,
$226,000,000, reflecting savings from revised economic assumptions,
shall be rescinded within 15 days of enactment of this Act: Provided,
That this reduction shall be applied on a pro-rata basis to each
appropriations account in said titles, and to each line item, program
element, project, subproject, and activity within each such account.
CHAPTER 4
DISTRICT OF COLUMBIA
FEDERAL FUNDS
FEDERAL PAYMENT TO THE CHILDREN’S NATIONAL MEDICAL CENTER
For a Federal payment to the Children’s National Medical
Center in the District of Columbia for implementing the District
Emergency Operations Plan, $10,000,000, to remain available until
September 30, 2003, of which $8,000,000 shall be for the expansion
of quarantine facilities, and $2,000,000 shall be for the establish-
ment of a decontamination facility for children and families: Pro-
vided, That the entire amount is designated by the Congress as
an emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended: Provided further, That the entire amount shall be avail-
able only to the extent an official budget request that includes
designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted by the
President to the Congress.
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA
For a Federal payment to the District of Columbia to implement
the District Emergency Operations Plan, $23,000,000, to remain
available until December 1, 2003, of which $12,000,000 is for public
safety expenses related to security events in the District of
Columbia: Provided, That the Chief Financial Officer of the District
H. R. 4775—24
of Columbia shall provide a report, within 15 days of an expenditure,
to the Committees on Appropriations of the House of Representa-
tives and Senate, detailing any expenditure of these funds: Provided
further, That $5,000,000 is for the Unified Communications Center:
Provided further, That $6,000,000 is for the construction of contain-
ment facilities and other activities to support the regional Bioter-
rorism Hospital Preparedness Program at the Washington Hospital
Center: Provided further, That beginning October 1, 2002, the Chief
Financial Officer of the Washington Hospital Center shall provide
quarterly reports to the Committees on Appropriations of the House
of Representatives and Senate, detailing the expenditure of these
funds: Provided further, That the entire amount is designated by
the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended: Provided further, That the entire amount
shall be available only to the extent an official budget request
that includes designation of the entire amount of the request as
an emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is transmitted
by the President to the Congress.
FEDERAL PAYMENT TO THE WASHINGTON METROPOLITAN AREA
TRANSIT AUTHORITY
For a Federal payment to the Washington Metropolitan Area
Transit Authority, $8,000,000, to remain available until September
30, 2003, to contribute to the creation of a regional transportation
back-up operations control center: Provided, That the General Man-
ager of the Washington Metropolitan Area Transit Authority shall
submit a plan for the future financing of a regional transportation
back-up operations control center no later than February 5, 2003
to the Committees on Appropriations of the House of Representa-
tives and Senate: Provided further, That the entire amount is
designated by the Congress as an emergency requirement pursuant
to section 251(b)(2)(A) of the Balanced Budget and Emergency Def-
icit Control Act of 1985, as amended: Provided further, That the
entire amount shall be available only to the extent an official
budget request that includes designation of the entire amount of
the request as an emergency requirement as defined in the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended,
is transmitted by the President to the Congress.
FEDERAL PAYMENT TO THE METROPOLITAN WASHINGTON COUNCIL
OF GOVERNMENTS
For a Federal payment to the Metropolitan Washington Council
of Governments, $1,750,000, to remain available until September
30, 2003, for support of the Regional Incident Communication and
Coordination System, as approved by the Council: Provided, That
the entire amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended: Provided
further, That the entire amount shall be available only to the
extent an official budget request that includes designation of the
entire amount of the request as an emergency requirement as
defined in the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended, is transmitted by the President to the
Congress.
H. R. 4775—25
FEDERAL PAYMENT TO THE WATER AND SEWER AUTHORITY OF THE
DISTRICT OF COLUMBIA
For a Federal payment to the Water and Sewer Authority
of the District of Columbia for emergency preparedness, $1,250,000,
to remain available until September 30, 2003, for remote monitoring
of water quality: Provided, That the entire amount is designated
by the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended: Provided further, That the entire amount
shall be available only to the extent an official budget request
that includes designation of the entire amount of the request as
an emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is transmitted
by the President to the Congress.
FEDERAL PAYMENT FOR FAMILY COURT ACT
(INCLUDING RESCISSION)
Of the funds appropriated under this heading in the District
of Columbia Appropriations Act, 2002 (Public Law 107–96; 115
Stat. 929), $700,000 made available for the Mayor of the District
of Columbia are rescinded.
For a Federal payment to the Mayor of the District of Columbia
for carrying out the District of Columbia Family Court Act of
2001, $700,000, to remain available until September 30, 2003, of
which $200,000 shall be for completion of a plan by the Mayor
on integrating the computer systems of the District of Columbia
government with the Family Court of the Superior Court of the
District of Columbia: Provided, That $500,000 of such amount pro-
vided to the Mayor shall be for the Child and Family Services
Agency to be used for social workers to implement Family Court
reform: Provided further, That the availability of these funds shall
be subject to the reporting and availability requirements under
this heading in the District of Columbia Appropriations Act, 2002
(Public Law 107–96; 115 Stat. 929).
DISTRICT OF COLUMBIA FUNDS
OPERATING EXPENSES
DIVISION OF EXPENSES
The following amounts are appropriated for the District of
Columbia for the current fiscal year out of the general fund of
the District of Columbia.
For public safety expenses related to security events in the
District of Columbia, $12,000,000, to remain available until
December 1, 2003.
For construction of containment facilities and other activities
to support the regional Bioterrorism Hospital Preparedness Pro-
gram at the Washington Hospital Center, $6,000,000, to remain
available until December 1, 2003.
For the Unified Communications Center, $5,000,000, to remain
available until December 1, 2003.
For carrying out the District of Columbia Family Court Act
of 2001, $700,000, to remain available until September 30, 2003.
H. R. 4775—26
GOVERNMENTAL DIRECTION AND SUPPORT
The paragraph under this heading in the District of Columbia
Appropriations Act, 2002 (Public Law 107–96; 115 Stat. 933) is
amended by striking: ‘‘Provided further, That not less than $353,000
shall be available to the Office of the Corporation Counsel to support
increases in the Attorney Retention Allowance:’’ and inserting: ‘‘Pro-
vided further, That not less than $353,000 shall be available to
the Office of the Corporation Counsel to support attorney compensa-
tion consistent with performance measures contained in a nego-
tiated collective bargaining agreement:’’.
PUBLIC SAFETY AND JUSTICE
(RESCISSION)
Notwithstanding any other provision of law, of the local funds
appropriated under this heading to the Department of Corrections
for support of the Corrections Information Council in the District
of Columbia Appropriations Act, 2002 (Public Law 107–96; 115
Stat. 935), $100,000 are rescinded.
CORRECTIONS INFORMATION COUNCIL
For operations of the Corrections Information Council, $100,000
from local funds.
PUBLIC EDUCATION SYSTEM
(RESCISSION)
Notwithstanding any other provision of law, of the local funds
appropriated under this heading for public charter schools for the
fiscal year ending September 30, 2002, in the District of Columbia
Appropriations Act, 2002 (Public Law 107–96; 115 Stat. 935),
$37,000,000 are rescinded.
HUMAN SUPPORT SERVICES
For an additional amount for ‘‘Human Support Services’’,
$37,000,000 from local funds: Provided, That $11,000,000 shall be
for the Child and Family Services Agency to address increased
adoption case rates, higher case loads for adoption and emergency
group home utilization: Provided further, That $26,000,000 shall
be for the Department of Mental Health to address a Medicaid
revenue shortfall.
REPAYMENT OF LOANS AND INTEREST
(RESCISSION)
Of the funds appropriated under this heading in the District
of Columbia Appropriations Act, 2002 (Public Law 107–96; 115
Stat. 940), $7,950,000 are rescinded.
CERTIFICATES OF PARTICIPATION
For principal and interest payments on the District’s Certifi-
cates of Participation, issued to finance the One Judiciary Square
H. R. 4775—27
ground lease underlying the building located at One Judiciary
Square, $7,950,000 from local funds.
ENTERPRISE AND OTHER FUNDS
WATER AND SEWER AUTHORITY
The following amounts are appropriated for the District of
Columbia for the current fiscal year out of the general fund of
the District of Columbia.
For remote monitoring of water quality, $1,250,000, to remain
available until September 30, 2003.
GENERAL PROVISIONS—THIS CHAPTER
SEC. 401. The District of Columbia may use up to 1 percent
of the funds appropriated to the District of Columbia under the
Emergency Supplemental Act, 2002 (Public Law 107–117; 115 Stat.
2230), to fund the administrative costs that are needed to fulfill
the purposes of that Act. The District may use these funds for
this purpose as of January 10, 2002.
SEC. 402. Section 16(d)(2) of the Victims of Violent Crime
Compensation Act of 1996 (sec. 4–515(d)(2), D.C. Official Code),
as amended by the District of Columbia Appropriations Act, 2002
(Public Law 107–96; 115 Stat. 928) is amended to read as follows:
‘‘(2) 50 percent of such balance shall be transferred from the Fund
to the Mayor and shall be used without fiscal year limitation
for outreach activities designed to increase the number of crime
victims who apply for such direct compensation payments.’’.
SEC. 403. (a) Notwithstanding any other provision of law, the
positive fund balance of the general fund of the District government
which remained at the end of fiscal year 2000 (as reflected in
the complete financial statement and report on the activities of
the District government for such fiscal year under section 448(a)(4)
of the District of Columbia Home Rule Act) shall be used during
fiscal year 2002 to provide the minimum balances required for
fiscal year 2002 for the emergency reserve fund under section
450A of the District of Columbia Home Rule Act and the contingency
reserve fund under section 450B of such Act.
(b) To the extent that the amount of the positive fund balance
described in subsection (a) exceeds the amount required to provide
the minimum balances in the reserve funds described in such sub-
section, the District government shall use the excess amount—
(1) to address potential deficits in the budget of the District
government for fiscal year 2002, subject to the same conditions
applicable under section 202(j)(3) of the District of Columbia
Financial Responsibility and Management Assistance Act of
1995 to the obligation and expenditure of the budget reserve
and cumulative cash reserve under such section; or
(2) if the Chief Financial Officer of the District of Columbia
certifies that the excess amount is available and is not required
to address potential deficits in the budget of the District govern-
ment for fiscal year 2002, for Pay-As-You-Go Capital Funds.
(c) To the extent that the excess amount described in subsection
(b) is used to address potential deficits in the budget of the District
government for fiscal year 2002, such amount shall remain available
until expended.
H. R. 4775—28
(d)(1) The item relating to ‘‘District of Columbia Funds—Oper-
ating Expenses—Repayment of Loans and Interest’’ in the District
of Columbia Appropriations Act, 2002 (Public Law 107–96; 115
Stat. 940) is amended by striking ‘‘That any funds set aside’’ and
all that follows through ‘‘That for equipment leases,’’ and inserting
‘‘That for equipment leases,’’.
(2) Section 159(c) of the District of Columbia Appropriations
Act, 2001 (Public Law 106–522; 114 Stat. 2482), as amended by
section 133(c) of the District of Columbia Appropriations Act, 2002
(Public Law 107–96; 115 Stat. 956) is amended by striking para-
graph (3).
SEC. 404. The Chief Financial Officer of the Washington Metro-
politan Area Transit Authority may use up to $2,400,000 from
funds appropriated under Public Law 107–117 under the account,
‘‘Federal Payment to the Washington Metropolitan Area Transit
Authority’’, that contains funds for protective clothing and breathing
apparatus activities, for employee and facility security and comple-
tion of the fiber optic network project.
SEC. 405. The District of Columbia Courts may expend up
to $3,000,000 to carry out the District of Columbia Family Court
Act of 2001 from the ‘‘Federal Payment to the District of Columbia
Courts’’ account: Provided, That such funds may be transferred
to the ‘‘Federal Payment to the District of Columbia Courts’’ account
from the ‘‘Federal Payment for Family Court Act’’ account in
reimbursement for such obligations and expenditures as are nec-
essary to implement the District of Columbia Family Court Act
of 2001 for the period from October 1, 2001 to September 30,
2002, once funds in the ‘‘Federal Payment for Family Court Act’’
account become available.
SEC. 406. Section 11–908A(b)(4) of the District of Columbia
Code (as added by Public Law 107–114) is amended by striking
‘‘section 11–1501(b)’’ and inserting ‘‘section 433 of the District of
Columbia Home Rule Act’’.
SEC. 407. (a) Under the heading, ‘‘Federal Payment to the
Thurgood Marshall Academy Charter School’’ provided under Public
Law 107–96, strike ‘‘Anacostia’’ and insert ‘‘Southeast, Washington,
D.C.’’.
(b) Under the heading, ‘‘Federal Payment to Southeastern
University’’ provided under Public Law 107–96, strike everything
after ‘‘a public/private partnership’’ and insert in lieu thereof, ‘‘to
plan a two year associate degree program.’’.
SEC. 408. Section 119 of the District of Columbia Appropriations
Act, 2002 (Public Law 107–96; 115 Stat. 950) is amended as follows:
(1) In the heading, by inserting ‘‘AND OTHER FUNDS’’ after
‘‘GRANTS’’.
(2) In subsection (a), by inserting ‘‘and other funds’’ after
‘‘other grants’’.
(3) By amending subsection (b) to read as follows:
‘‘(b) REQUIREMENTS.—
‘‘(1) CHIEF
FINANCIAL
OFFICER
REPORT
AND
COUNCIL
APPROVAL FOR GRANTS.—
‘‘(A) No such Federal, private, or other grant may
be accepted, obligated, or expended pursuant to subsection
(a) until—
‘‘(i) the Chief Financial Officer of the District of
Columbia submits to the Council a report setting forth
detailed information regarding such grant; and
H. R. 4775—29
‘‘(ii) the Council has reviewed and approved the
acceptance, obligation, and expenditure of such grant.
‘‘(B) For purposes of subparagraph (A)(ii), the Council
shall be deemed to have reviewed and approved the accept-
ance, obligation, and expenditure of a grant if—
‘‘(i) no written notice of disapproval is filed with
the Secretary of the Council within 14 calendar days
of the receipt of the report from the Chief Financial
Officer under subparagraph (A)(i); or
‘‘(ii) if such a notice of disapproval is filed within
such deadline, the Council does not by resolution dis-
approve the acceptance, obligation, or expenditure of
the grant within 30 calendar days of the initial receipt
of the report from the Chief Financial Officer under
subparagraph (A)(i).
‘‘(2) CERTIFICATION
OF
CHIEF
FINANCIAL
OFFICER
AND
NOTIFICATION OF COMMITTEES FOR OTHER FUNDS.—No funds
which are not grants may be accepted, obligated, or expended
pursuant to subsection (a)—
‘‘(A) unless the Chief Financial Officer of the District
of Columbia certifies that the funds are available and are
not required to address potential deficits; and
‘‘(B) until the expiration of the 14-day period which
begins on the date the Mayor notifies the Committees
on Appropriations of the House of Representatives and
Senate of the acceptance, obligation, and expenditure of
such funds.’’.
(4) In subsection (c)—
(A) by striking ‘‘under subsection (b)(2) of this section’’
and inserting ‘‘or other funds under this section’’;
(B) by inserting ‘‘or other funds’’ after ‘‘or other grant’’;
and
(C) by striking ‘‘such paragraph’’ and inserting ‘‘this
section’’.
(5) In subsection (d), by inserting ‘‘and other funds’’ after
‘‘and other grants’’.
SEC. 409. Effective June 30, 2002, the authority which the
Chief Financial Officer of the District of Columbia exercised with
respect to personnel, procurement, and the preparation of fiscal
impact statements during a control period (as defined in Public
Law 104–8) shall remain in effect through July 1, 2003 or until
such time as the District of Columbia Fiscal Integrity Act becomes
effective, whichever occurs sooner.
CHAPTER 5
DEPARTMENT OF DEFENSE—CIVIL
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS—CIVIL
OPERATION AND MAINTENANCE, GENERAL
For an additional amount for ‘‘Operation and Maintenance,
General’’ for emergency expenses, $108,200,000, to remain available
until September 30, 2003: Provided, That the entire amount shall
be available only to the extent an official budget request that
H. R. 4775—30
includes designation of the entire amount of the request as an
emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is transmitted
by the President to the Congress: Provided further, That the entire
amount is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985, as amended: Provided further,
That funds made available under this heading in this Act and
in Public Law 107–117 may be used to fund measures and activities
undertaken by the Secretary of the Army, acting through the Chief
of Engineers, to protect and secure any infrastructure owned or
operated by, or on behalf of, the U.S. Army Corps of Engineers,
including administrative buildings and facilities; and, in addition,
$32,000,000, to remain available until expended: Provided, That
using the funds appropriated herein, the Secretary of the Army,
acting through the Chief of Engineers, is directed to repair, restore,
and clean-up Corps’ projects and facilities and dredge navigation
channels, restore and clean out area streams, provide emergency
streambank protection, restore other crucial public infrastructure
(including sewer and water facilities), document flood impacts and
undertake other flood recovery efforts deemed necessary and advis-
able by the Chief of Engineers: Provided further, That $10,000,000
of the funds provided shall be for Southern West Virginia, Eastern
Kentucky, and Southwestern Virginia: Provided further, That the
remaining $22,000,000 shall be available for Western Illinois,
Southern Indiana, Eastern Missouri, and the Upper Peninsula of
Michigan.
DEPARTMENT OF THE INTERIOR
BUREAU OF RECLAMATION
WATER AND RELATED RESOURCES
For an additional amount for ‘‘Water and Related Resources’’,
$7,000,000, to remain available until expended: Provided, That
$3,000,000 is for the drilling of emergency wells in Santa Fe,
New Mexico: Provided further, That $4,000,000 is to be used for
the lease of up to 38,000 acre-feet of emergency water for the
Rio Grande in New Mexico, in compliance with the existing
biological opinion.
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
SCIENCE
For an additional amount for ‘‘Science’’ for emergency expenses
necessary to support safeguards and security activities, $24,000,000:
Provided, That the entire amount shall be available only to the
extent an official budget request that includes designation of the
entire amount of the request as an emergency requirement as
defined in the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended, is transmitted by the President to the
Congress: Provided further, That the entire amount is designated
by the Congress as an emergency requirement pursuant to section
H. R. 4775—31
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended.
ATOMIC ENERGY DEFENSE ACTIVITIES
NATIONAL NUCLEAR SECURITY ADMINISTRATION
WEAPONS ACTIVITIES
(INCLUDING RESCISSION)
For an additional amount for ‘‘Weapons Activities’’ for emer-
gency expenses, $158,050,000: Provided, That $138,650,000 shall
be available only to the extent that an official budget request
for $138,650,000 that includes designation of the entire amount
of the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Congress: Provided
further, That the entire amount is designated by the Congress
as an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985,
as amended.
Of the funds appropriated under this heading in Public Law
107–66 and prior Energy and Water Development Appropriations
Acts, $14,460,000 of unexpended balances are rescinded.
DEFENSE NUCLEAR NONPROLIFERATION
For an additional amount for ‘‘Defense Nuclear Nonprolifera-
tion’’ for emergency activities necessary to support the safeguarding
of nuclear material, $100,000,000, to remain available until
December 31, 2002.
OFFICE OF THE ADMINISTRATOR
For an additional amount for ‘‘Office of the Administrator’’
for emergency expenses, $1,750,000: Provided, That the entire
amount is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985, as amended: Provided further,
That the entire amount shall be available only to the extent an
official budget request that includes designation of the entire
amount of the request as an emergency requirement as defined
in the Balanced Budget and Emergency Deficit Control Act of
1985, as amended, is transmitted by the President to the Congress.
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES
DEFENSE ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT
(INCLUDING RESCISSION)
For an additional amount for ‘‘Defense Environmental Restora-
tion and Waste Management’’ for emergency expenses necessary
to support safeguards and security activities, $56,000,000: Provided,
That the entire amount shall be available only to the extent an
official budget request that includes designation of the entire
amount of the request as an emergency requirement as defined
in the Balanced Budget and Emergency Deficit Control Act of
H. R. 4775—32
1985, as amended, is transmitted by the President to the Congress:
Provided further, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended.
Of the funds appropriated under this heading in Public Law
107–66 and prior Energy and Water Development Appropriations
Acts, $15,540,000 of unexpended balances are rescinded.
DEFENSE FACILITIES CLOSURE PROJECTS
For an additional amount for ‘‘Defense Facilities Closure
Projects’’ for emergency expenses necessary to support safeguards
and security activities, $14,000,000: Provided, That the entire
amount shall be available only to the extent an official budget
request that includes designation of the entire amount of the request
as an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended, is trans-
mitted by the President to the Congress: Provided further, That
the entire amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended.
OTHER DEFENSE ACTIVITIES
For an additional amount for ‘‘Other Defense Activities’’ for
emergency expenses necessary to support energy security and assur-
ance activities, $7,000,000: Provided, That the entire amount is
designated by the Congress as an emergency requirement pursuant
to section 251(b)(2)(A) of the Balanced Budget and Emergency Def-
icit Control Act of 1985, as amended.
GENERAL PROVISIONS—THIS CHAPTER
SEC. 501. The amounts invested by the non-Federal interests
in the biomass project at Winona, Mississippi, before the date
of enactment of this Act shall constitute full satisfaction of the
cost-sharing requirement under section 3002 of the Energy Policy
Act of 1992 (42 U.S.C. 13542).
SEC. 502. Section 1 of Public Law 105–204 (112 Stat. 681)
is amended—
(1) in subsection (b), by striking ‘‘until the date’’ and all
that follows and inserting ‘‘until the date that is 30 days
after the date on which the Secretary of Energy awards a
contract under subsection (c), and no such amounts shall be
available for any purpose except to implement the contract.’’;
and
(2) by striking subsection (c) and inserting the following:
‘‘(c) CONTRACTING REQUIREMENTS.—
‘‘(1) IN GENERAL.—Notwithstanding any other provision of
law (except section 1341 of title 31, United States Code), the
Secretary of Energy shall—
‘‘(A) not later than 10 days after the date of enactment
of this paragraph, request offerors whose proposals in
response 
to 
Request 
for 
Proposals 
No. 
DE–RP05–
010R22717 (‘Acquisition of Facilities and Services for
Depleted 
Uranium 
Hexalfluoride 
(DUF6) 
Conversion
Project’) were included in the competitive range as of
H. R. 4775—33
January 15, 2002, to confirm or reinstate the offers in
accordance with this paragraph, with a deadline for offerors
to deliver reinstatement or confirmation to the Secretary
of Energy not later than 20 days after the date of enactment
of this paragraph; and
‘‘(B) not later than 30 days after the date of enactment
of this paragraph, select for award of a contract the best
value of proposals confirmed or reinstated under subpara-
graph (A), and award a contract for the scope of work
stated in the Request for Proposals, including the design,
construction, and operation of—
‘‘(i) a facility described in subsection (a) on the
site of the gaseous diffusion plant at Paducah, Ken-
tucky; and
‘‘(ii) a facility described in subsection (a) on the
site of the gaseous diffusion plant at Portsmouth, Ohio.
‘‘(2) CONTRACT TERMS.—Notwithstanding any other provi-
sion of law (except section 1341 of title 31, United States
Code) the Secretary of Energy shall negotiate with the awardee
to modify the contract awarded under paragraph (1) to—
‘‘(A) require, as a mandatory item, that groundbreaking
for construction occur not later than July 31, 2004, and
that construction proceed expeditiously thereafter;
‘‘(B) include as an item of performance the transpor-
tation, conversion, and disposition of depleted uranium con-
tained in cylinders located at the Oak Ridge K–25 uranium
enrichment facility located in the East Tennessee Tech-
nology Park at Oak Ridge, Tennessee, consistent with
environmental agreements between the State of Tennessee
and the Secretary of Energy; and
‘‘(C) specify that the contractor shall not proceed to
perform any part of the contract unless sufficient funds
have been appropriated, in advance, specifically to pay
for that part of the contract.
‘‘(3) CERTIFICATION OF GROUNDBREAKING.—Not later than
5 days after the date of groundbreaking for each facility, the
Secretary of Energy shall submit to Congress a certification
that groundbreaking has occurred.
‘‘(d) FUNDING.—
‘‘(1) IN GENERAL.—For purposes of carrying out this section,
the Secretary of Energy may use any available appropriations
(including transferred unobligated balances).
‘‘(2) 
AUTHORIZATION
OF
APPROPRIATIONS.—There 
are
authorized to be appropriated, in addition to any funds made
available under paragraph (1), such sums as are necessary
to carry out this section.’’.
H. R. 4775—34
CHAPTER 6
BILATERAL ECONOMIC ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
CHILD SURVIVAL AND HEALTH PROGRAMS FUND
For an additional amount for ‘‘Child Survival and Health Pro-
grams Fund’’ for emergency expenses for activities related to com-
bating HIV/AIDS, tuberculosis, and malaria, $200,000,000, to
remain available until June 30, 2003: Provided, That such activities
should include maternal health and related assistance in commu-
nities heavily impacted by HIV/AIDS: Provided further, That addi-
tional assistance should be provided to prevent transmission of
HIV/AIDS from mother to child: Provided further, That of the
funds appropriated under this heading in this Act, not less than
$100,000,000 should be made available for a further United States
contribution to the Global Fund to Fight AIDS, Tuberculosis, and
Malaria: Provided further, That the cumulative amount of United
States contributions to the Global Fund may not exceed the total
resources provided by other donors and available for use by the
Global Fund as of December 31, 2002: Provided further, That of
the funds appropriated under this heading, up to $6,000,000 may
be transferred to and merged with funds appropriated by this
Act under the heading ‘‘Operating Expenses of the United States
Agency for International Development’’ for costs directly related
to international health: Provided further, That funds appropriated
by this paragraph shall be apportioned to the United States Agency
for International Development, and the authority of sections 632(a)
or 632(b) of the Foreign Assistance Act of 1961, or any similar
provision of law, may not be used to transfer or allocate any
part of such funds to any agency of the United States Government:
Provided further, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended: Provided further, That the entire amount
shall be available only to the extent an official budget request,
that includes designation of the entire amount of the request as
an emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is transmitted
by the President to the Congress: Provided further, That the funds
appropriated under this heading shall be subject to the regular
notification procedures of the Committees on Appropriations.
INTERNATIONAL DISASTER ASSISTANCE
For an additional amount for ‘‘International Disaster Assist-
ance’’ for emergency expenses for activities related to combating
international terrorism, including repairing homes of Afghan citi-
zens that were damaged as a result of military operations,
$134,000,000, to remain available until September 30, 2003.
In addition, for an additional amount for ‘‘International Dis-
aster Assistance’’ for assistance for the West Bank and Gaza,
$50,000,000, to remain available until September 30, 2003: Pro-
vided, That none of the funds appropriated by this Act may be
H. R. 4775—35
obligated or expended with respect to providing funds to the Pales-
tinian Authority: Provided further, That the entire amount provided
under this heading in this Act is designated by the Congress as
an emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended: Provided further, That $144,000,000 shall be available
only to the extent an official budget request, that includes designa-
tion of $144,000,000, including $50,000,000 for the West Bank
and Gaza, as an emergency requirement as defined in the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended,
is transmitted by the President to the Congress.
OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR
INTERNATIONAL DEVELOPMENT
For an additional amount for ‘‘Operating Expenses of the United
States Agency for International Development’’ for emergency
expenses for activities related to combating international terrorism,
$7,000,000, to remain available until September 30, 2003: Provided,
That the entire amount is designated by the Congress as an emer-
gency requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
OTHER BILATERAL ECONOMIC ASSISTANCE
ECONOMIC SUPPORT FUND
For an additional amount for ‘‘Economic Support Fund’’ for
emergency expenses for activities related to combating international
terrorism, $665,000,000, to remain available until June 30, 2003:
Provided, That of the funds appropriated by this paragraph that
are made available for assistance for Pakistan, $1,000,000 should
be made available for programs and activities which support the
development of independent media in Pakistan: Provided further,
That of the funds appropriated by this paragraph, $10,000,000
should be made available for the establishment of a pilot academic
year international youth exchange program for secondary school
students from countries with significant Muslim populations: Pro-
vided further, That funds made available pursuant to the previous
proviso shall not be available for a country in which a similar
academic year youth exchange program is currently funded by
the United States: Provided further, That of the funds appropriated
by this paragraph, $200,000,000 shall be made available for assist-
ance for Israel, all or a portion of which may be transferred to,
and merged with, funds appropriated by this Act under the heading
‘‘NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED PRO-
GRAMS’’ for defensive, non-lethal anti-terrorism assistance in accord-
ance with the provisions of chapter 8 of part II of the Foreign
Assistance Act of 1961: Provided further, That the entire amount
is designated by the Congress as an emergency requirement pursu-
ant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further, That
$200,000,000 shall be available only to the extent an official budget
request, that includes designation of $200,000,000 for Israel as
an emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is transmitted
by the President to the Congress: Provided further, That funds
appropriated under this heading, and funds appropriated under
H. R. 4775—36
this heading in prior Acts that are made available for the purposes
of this paragraph, may be made available notwithstanding section
512 of Public Law 107–115 or any similar provision of law: Provided
further, That the Secretary of State shall inform the Committees
on Appropriations at least 15 days prior to the obligation of funds
appropriated by this paragraph.
ASSISTANCE FOR THE INDEPENDENT STATES OF THE FORMER SOVIET
UNION
For an additional amount for ‘‘Assistance for the Independent
States of the Former Soviet Union’’ for emergency expenses for
activities 
related 
to 
combating 
international 
terrorism,
$110,000,000, to remain available until June 30, 2003: Provided,
That the entire amount is designated by the Congress as an emer-
gency requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended:
Provided further, That the Secretary of State shall inform the
Committees on Appropriations at least 15 days prior to the obliga-
tion of funds appropriated by this paragraph.
DEPARTMENT OF STATE
INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT
For an additional amount for ‘‘International Narcotics Control
and Law Enforcement’’ for emergency expenses for activities related
to combating international terrorism, $117,000,000, to remain avail-
able until September 30, 2003: Provided, That funds appropriated
under this heading should be made available to train and equip
a Colombian Armed Forces unit dedicated to apprehending the
leaders of paramilitary organizations: Provided further, That of
the funds appropriated by this paragraph, not to exceed $6,000,000
may be made available for assistance for the Colombian Armed
Forces for purposes of protecting the Cano Limon pipeline: Provided
further, That prior to the obligation of funds under the previous
proviso, the Secretary of State shall submit a report to the Commit-
tees on Appropriations describing: (1) the estimated oil revenues
collected by the Government of Colombia from the Cano Limon
pipeline for the preceding 12 months; (2) the amounts expended
during such period by the Government of Colombia and private
companies owning a financial interest in the pipeline for primary
health care, basic education, micro-enterprise and other programs
and activities to improve the lives of the people of Arauca depart-
ment; (3) steps that are being taken to increase and expand support
for these programs and activities; and (4) mechanisms that are
being established to adequately monitor such funds: Provided fur-
ther, That of the funds appropriated by this paragraph, not to
exceed $4,000,000 should be made available for law enforcement
training for Indonesian police forces: Provided further, That the
Secretary of State shall inform the Committees on Appropriations
at least 15 days prior to the obligation of funds appropriated by
this paragraph: Provided further, That the entire amount is des-
ignated by the Congress as an emergency requirement pursuant
to section 251(b)(2)(A) of the Balanced Budget and Emergency Def-
icit Control Act of 1985, as amended: Provided further, That
$3,000,000 shall be available only to the extent an official budget
request, that includes designation of $3,000,000 as an emergency
H. R. 4775—37
requirement as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted by the
President to the Congress.
MIGRATION AND REFUGEE ASSISTANCE
For an additional amount for ‘‘Migration and Refugee Assist-
ance’’ for emergency expenses for activities related to combating
international terrorism, $40,000,000, to remain available until June
30, 2003: Provided, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended: Provided further, That the entire amount
shall be available only to the extent an official budget request
that includes designation of the entire amount of the request as
an emergency requirement as defined of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is transmitted
by the President to the Congress.
NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED
PROGRAMS
For an additional amount for ‘‘Nonproliferation, Anti-Terrorism,
Demining and Related Programs’’ for emergency expenses for activi-
ties related to combating international terrorism, $88,000,000, to
remain available until September 30, 2003: Provided, That of the
funds appropriated by this paragraph, not to exceed $12,000,000
should be made available for assistance for Indonesia: Provided
further, That of the funds appropriated by this paragraph, up to
$1,000,000 may be made available for small arms and light weapons
destruction in Afghanistan: Provided further, That of the funds
appropriated by this paragraph, up to $1,000,000 may be made
available for the Nonproliferation and Disarmament Fund: Provided
further, That the entire amount is designated by the Congress
as an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985,
as amended: Provided further, That $5,000,000 shall be available
only to the extent an official budget request, that includes designa-
tion of $5,000,000 as an emergency requirement as defined in
the Balanced Budget and Emergency Deficit Control Act of 1985,
as amended, is transmitted by the President to the Congress: Pro-
vided further, That funds appropriated by this paragraph shall
be subject to the regular notification procedures of the Committees
on Appropriations.
MILITARY ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
FOREIGN MILITARY FINANCING PROGRAM
For an additional amount for ‘‘Foreign Military Financing Pro-
gram’’ for emergency expenses for activities related to combating
international terrorism, $387,000,000, to remain available until
June 30, 2003: Provided, That funds made available by this Act
for assistance for the Government of Uzbekistan may be made
available if the Secretary of State determines and reports to the
Committees on Appropriations that the Government of Uzbekistan
is making substantial and continuing progress in meeting its
H. R. 4775—38
commitments under the ‘‘Declaration on the Strategic Partnership
and Cooperation Framework Between the Republic of Uzbekistan
and the United States of America’’: Provided further, That the
entire amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended: Provided
further, That $30,000,000 shall be available only to the extent
an official budget request, that includes designation of $30,000,000
for the Philippines as an emergency requirement as defined in
the Balanced Budget and Emergency Deficit Control Act of 1985,
as amended, is transmitted by the President to the Congress: Pro-
vided further, That the Secretary of State shall inform the Commit-
tees on Appropriations at least 15 days prior to the obligation
of funds appropriated by this paragraph: Provided further, That
funds appropriated under this heading, and funds appropriated
under this heading in prior Acts that are made available for the
purposes of this paragraph, may be made available notwithstanding
section 512 of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2002 or any similar provision
of law: Provided further, That not to exceed $2,000,000 of the
funds appropriated in this paragraph may be obligated for necessary
expenses, including the purchase of passenger motor vehicles for
use outside of the United States, for the general cost of admin-
istering military assistance and sales.
PEACEKEEPING OPERATIONS
For an additional amount for ‘‘Peacekeeping Operations’’ for
emergency expenses for activities related to combating international
terrorism, $20,000,000, to remain available until June 30, 2003:
Provided, That the entire amount is designated by the Congress
as an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985,
as amended: Provided further, That funds appropriated by this
paragraph shall be available only for Afghanistan, and may be
made available notwithstanding section 512 of Public Law 107–
115 or any similar provision of law.
EXPORT AND INVESTMENT ASSISTANCE
EXPORT-IMPORT BANK OF THE UNITED STATES
(RESCISSION)
Of the funds appropriated under the heading ‘‘Export-Import
Bank of the United States’’ that are available for tied-aid grants
in title I of Public Law 107–115 and under such heading in prior
Acts making appropriations for foreign operations, export financing,
and related programs, $50,000,000 are rescinded.
BILATERAL ECONOMIC ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
(RESCISSION)
Of the funds appropriated to carry out the provisions of parts
I and II of the Foreign Assistance Act of 1961, the Support for
East European Democracy (SEED) Act of 1989, and the FREEDOM
H. R. 4775—39
Support Act, in title II of the Foreign Operations, Export Financing,
and Related Programs Appropriations Act, 2000 (as contained in
Public Law 106–113) and in prior Acts making appropriations for
foreign operations, export financing, and related programs,
$60,000,000 are rescinded: Provided, That not more than a total
of $25,000,000 may be rescinded from funds appropriated under
the heading ‘‘Development Assistance’’ in said Acts: Provided fur-
ther, That no rescission may be made from funds appropriated
to carry out the provisions of section 104(c) of the Foreign Assistance
Act of 1961.
MULTILATERAL ECONOMIC ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
INTERNATIONAL FINANCIAL INSTITUTIONS
(RESCISSION)
The unobligated balances of funds provided in Public Law 92–
301 and Public Law 93–142 for maintenance of value payments
to international financial institutions are rescinded.
GENERAL PROVISIONS—THIS CHAPTER
SEC. 601. (a) COUNTER-TERRORISM AUTHORITY.—
(1) In fiscal year 2002, funds available to the Department
of State for assistance to the Government of Colombia shall
be available to support a unified campaign against narcotics
trafficking, against activities by organizations designated as
terrorist organizations such as the Revolutionary Armed Forces
of Colombia (FARC), the National Liberation Army (ELN), and
the United Self-Defense Forces of Colombia (AUC), and to
take actions to protect human health and welfare in emergency
circumstances, including undertaking rescue operations.
(2) This provision shall also apply to unexpired balances
and assistance previously provided from prior years’ Acts avail-
able for the purposes identified in paragraph (1).
(3) The authority in this section is in addition to authorities
currently available to provide assistance to Colombia.
(b) In order to ensure effectiveness of United States support
for such a unified campaign, prior to the exercise of the authority
contained in subsection (a), the Secretary of State shall report
to the Committees on Appropriations that—
(1) the newly elected President of Colombia has—
(A) committed, in writing, to establish comprehensive
policies to combat illicit drug cultivation, manufacturing,
and trafficking (particularly with respect to providing eco-
nomic opportunities that offer viable alternatives to illicit
crops) and to restore government authority and respect
for human rights in areas under the effective control of
paramilitary and guerrilla organizations;
(B) committed, in writing, to implement significant
budgetary and personnel reforms of the Colombian Armed
Forces; and
(C) committed, in writing, to support substantial addi-
tional Colombian financial and other resources to imple-
ment such policies and reforms, particularly to meet the
H. R. 4775—40
country’s previous commitments under ‘‘Plan Colombia’’;
and
(2) no United States Armed Forces personnel or United
States civilian contractor employed by the United States will
participate in any combat operation in connection with assist-
ance made available for Colombia under this chapter.
(c) The authority provided in subsection (a) shall cease to
be effective if the Secretary of State has credible evidence that
the Colombian Armed Forces are not conducting vigorous operations
to restore government authority and respect for human rights in
areas under the effective control of paramilitary and guerrilla
organizations.
(d) Sections 556, 567, and 568 of Public Law 107–115, section
8093 of the Department of Defense Appropriations Act, 2002, and
the numerical limitations on the number of United States military
personnel and United States individual civilian contractors in sec-
tion 3204(b)(1) of Public Law 106–246, as amended, shall be
applicable to funds made available pursuant to the authority con-
tained in subsection (a).
DONATED SHIPMENT OF HUMANITARIAN ASSISTANCE OVERSEAS
SEC. 602. During fiscal year 2002, of the amounts made avail-
able by the United States Agency for International Development
to carry out the provisions of section 123(b) of the Foreign Assist-
ance Act of 1961, funds may be made available to non-governmental
organizations for administrative costs necessary to implement a
program to obtain available donated space on commercial ships
for the shipment of humanitarian assistance overseas.
REPORTS ON AFGHANISTAN SECURITY AND DELIVERY OF ASSISTANCE
SEC. 603. The President shall transmit to the Committee on
Appropriations and the Committee on International Relations of
the House of Representatives and the Committee on Appropriations
and the Committee on Foreign Relations of the Senate two reports
setting forth a strategy for meeting the security needs of Afghani-
stan in order to promote safe and effective delivery of humanitarian
and other assistance throughout Afghanistan, further the rule of
law and civil order, and support the formation of a functioning,
representative Afghan national government. The first report, which
should be transmitted no later than 30 days after enactment of
this Act, should report on the strategy for meeting the immediate
security needs of Afghanistan. The second report, which should
be transmitted no later than 90 days after enactment of this Act,
should report on a long term strategy for meeting the security
needs of Afghanistan and should include a reassessment of the
strategy to meet the immediate security needs if they have changed
substantially.
H. R. 4775—41
CHAPTER 7
DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
MANAGEMENT OF LANDS AND RESOURCES
For an additional amount for ‘‘Management of Lands and
Resources’’, $658,000, for emergency security expenses, to remain
available until expended: Provided, That the entire amount is des-
ignated by the Congress as an emergency requirement pursuant
to section 251(b)(2)(A) of the Balanced Budget and Emergency Def-
icit Control Act of 1985, as amended: Provided further, That the
entire amount shall be available only to the extent an official
budget request that includes designation of the entire amount of
the request as an emergency requirement as defined in the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended,
is transmitted by the President to the Congress.
UNITED STATES FISH AND WILDLIFE SERVICE
RESOURCE MANAGEMENT
For an additional amount for ‘‘Resource Management’’,
$1,038,000, for emergency security expenses, to remain available
until expended: Provided, That the entire amount is designated
by the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended: Provided further, That the entire amount
shall be available only to the extent an official budget request
that includes designation of the entire amount of the request as
an emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is transmitted
by the President to the Congress.
CONSTRUCTION
For an additional amount for ‘‘Construction’’, $3,125,000, to
remain available until expended, for facility and safety improve-
ments related to homeland security: Provided, That the Congress
designates the entire amount as an emergency requirement pursu-
ant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further, That
the entire amount shall be available only to the extent an official
budget request that includes designation of the entire amount of
the request as an emergency requirement as defined in the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended,
is transmitted by the President to the Congress.
NATIONAL PARK SERVICE
OPERATION OF THE NATIONAL PARK SYSTEM
For an additional amount for ‘‘Operation of the National Park
System’’, $1,173,000, for emergency security expenses, to remain
available until expended: Provided, That the entire amount is des-
ignated by the Congress as an emergency requirement pursuant
H. R. 4775—42
to section 251(b)(2)(A) of the Balanced Budget and Emergency Def-
icit Control Act of 1985, as amended: Provided further, That the
entire amount shall be available only to the extent an official
budget request that includes designation of the entire amount of
the request as an emergency requirement as defined in the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended,
is transmitted by the President to the Congress.
CONSTRUCTION
For an additional amount for ‘‘Construction’’, $17,651,000, to
remain available until expended: Provided, That the Congress des-
ignates the entire amount as an emergency requirement pursuant
to section 251(b)(2)(A) of the Balanced Budget and Emergency Def-
icit Control Act of 1985, as amended: Provided further, That the
entire amount shall be available only to the extent an official
budget request that includes designation of the entire amount of
the request as an emergency requirement as defined in the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended,
is transmitted by the President to the Congress.
UNITED STATES GEOLOGICAL SURVEY
SURVEYS, INVESTIGATIONS, AND RESEARCH
For an additional amount for ‘‘Surveys, Investigations, and
Research’’, $26,000,000, to remain available until expended, of
which $20,000,000 is for high resolution mapping and imagery
of the Nation’s strategic cities, and of which $6,000,000 is for
data storage infrastructure upgrades and emergency power supply
system improvements at the Earth Resources Observation Systems
Data Center: Provided, That the Congress designates the entire
amount as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended: Provided further, That the entire amount
shall be available only to the extent an official budget request
that includes designation of the entire amount of the request as
an emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is transmitted
by the President to the Congress.
BUREAU OF INDIAN AFFAIRS
OPERATION OF INDIAN PROGRAMS
(INCLUDING RESCISSION OF FUNDS)
For an additional amount for ‘‘Operation of Indian Programs’’,
$134,000, for emergency security expenses, to remain available
until expended: Provided, That the entire amount is designated
by the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended: Provided further, That the entire amount
shall be available only to the extent an official budget request
that includes designation of the entire amount of the request as
an emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is transmitted
by the President to the Congress.
H. R. 4775—43
Of the funds provided under this heading in Public Law 107–
20 for electric power operations and related activities at the San
Carlos Irrigation Project, $10,000,000 are rescinded.
Funds provided under this heading in Public Law 107–20,
for electric power operations and related activities at the San Carlos
Irrigation Project, and remaining within the account may be used
for unanticipated trust reform projects and costs related to the
ongoing Cobell litigation or other litigation concerning the manage-
ment of Indian trust funds: Provided, That funds made available
herein may, as needed, be transferred to or merged with any account
funded in the Interior and Related Agencies Appropriations Act
to reimburse costs incurred for these litigation activities.
DEPARTMENTAL OFFICES
DEPARTMENTAL MANAGEMENT
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Expenses’’,
$905,000, for emergency security expenses, to remain available
until expended: Provided, That the entire amount is designated
by the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended: Provided further, That the entire amount
shall be available only to the extent an official budget request
that includes designation of the entire amount of the request as
an emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is transmitted
by the President to the Congress.
DEPARTMENT OF AGRICULTURE
FOREST SERVICE
WILDLAND FIRE MANAGEMENT
For an additional amount to cover necessary expenses for wild-
fire suppression operations, $50,000,000, to remain available until
expended: Provided, That such funds are also available for repay-
ment of advances to other appropriation accounts from which funds
were previously transferred for wildfire suppression: Provided fur-
ther, That the entire amount is designated by the Congress as
an emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended: Provided further, That the entire amount shall be avail-
able only to the extent that an official budget request, that includes
designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted by the
President to the Congress.
CAPITAL IMPROVEMENT AND MAINTENANCE
For an additional amount for ‘‘Capital Improvement and
Maintenance’’, $3,500,000, to remain available until expended, for
facility enhancements to protect property from acts of terrorism,
vandalism, and theft: Provided, That the Congress designates the
entire amount as an emergency requirement pursuant to section
H. R. 4775—44
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended: Provided further, That the entire amount
shall be available only to the extent an official budget request
that includes designation of the entire amount of the request as
an emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is transmitted
by the President to the Congress.
RELATED AGENCY
SMITHSONIAN INSTITUTION
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Expenses’’, of the
Smithsonian Institution, $10,000,000, for emergency security
expenses, to remain available until expended: Provided, That the
entire amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended: Provided
further, That the entire amount shall be available only to the
extent an official budget request that includes designation of the
entire amount of the request as an emergency requirement as
defined in the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended, is transmitted by the President to the
Congress.
CONSTRUCTION
For an additional amount for ‘‘Construction’’, $2,000,000, to
remain available until expended, for planning, design, and construc-
tion of an alcohol collections storage facility at the Museum Support
Center: Provided, That the Congress designates the entire amount
as an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985,
as amended: Provided further, That the entire amount shall be
available only to the extent an official budget request that includes
designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted by the
President to the Congress.
GENERAL PROVISIONS—THIS CHAPTER
SEC. 701. Within 10 days of enactment of this Act, funds
appropriated to the Forest Service under the heading ‘‘Wildland
Fire Management’’ in Public Law 107–63 for the following purposes:
$5,000,000 for research activities and $10,000,000 for capital
improvement and maintenance of fire facilities, shall be released
and made available for immediate obligation. These funds are not
available for transfer for purposes other than those described in
this section.
SEC. 702. None of the funds appropriated in this or any other
Act, except funds appropriated to the Office of Management and
Budget, shall be available to study the transfer of any research
activities from the Smithsonian Institution to the National Science
Foundation.
H. R. 4775—45
SEC. 703. In fiscal year 2002 and thereafter, the Secretary
of the Interior may charge reasonable fees for services provided
at Midway Atoll National Wildlife Refuge, including fuel sales,
and retain those fees, to be credited to the United States Fish
and Wildlife Service, ‘‘Resource Management’’ account and remain
available until expended for operation and maintenance of infra-
structure and staffing required for non-refuge specific needs,
including meeting the terms necessary for an airport operating
certificate and the purchase of fuel supplies.
SEC. 704. The Department of the Interior and Related Agencies
Appropriations Act, 2002 (Public Law 107–63), under the head
‘‘Minerals Management Service, Royalty and Offshore Minerals
Management’’ is amended by striking the word ‘‘and’’ immediately
following the word ‘‘points,’’ in the sixth proviso, and by inserting
immediately after the word ‘‘program’’ in the sixth proviso ‘‘, or
under its authority to transfer oil to the Strategic Petroleum
Reserve,’’, and by inserting at the end of the sixth proviso imme-
diately preceding the colon, the following, ‘‘and to recover MMS
transportation costs, salaries and other administrative costs directly
related to filling the Strategic Petroleum Reserve’’.
SEC. 705. In entering into agreements with foreign countries
pursuant to the Wildfire Suppression Assistance Act (42 U.S.C.
1856m) the Secretary of Agriculture and the Secretary of the
Interior are authorized to enter into reciprocal agreements in which
the individuals furnished under said agreements to provide wildfire
services are considered, for purposes of tort liability, employees
of the country receiving said services when the individuals are
fighting fires. The Secretary of Agriculture or the Secretary of
the Interior shall not enter into any agreement under this provision
unless the foreign country (either directly or through its fire
organization) agrees to assume any and all liability for the acts
or omissions of American firefighters engaged in firefighting in
a foreign country. When an agreement is reached for furnishing
fire fighting services, the only remedies for acts or omissions com-
mitted while fighting fires shall be those provided under the laws
of the host country and those remedies shall be the exclusive
remedies for any claim arising out of fighting fires in a foreign
country. Neither the sending country nor any organization associ-
ated with the firefighter shall be subject to any action whatsoever
pertaining to or arising out of fighting fires.
SEC. 706. (a) FINDINGS.—Congress finds that—
(1) forest health conditions within the Beaver Park Area
and the Norbeck Wildlife Preserve within the Black Hills
National Forest are deteriorating and immediate action to treat
these areas is in the public interest;
(2) the existing settlement agreement in Biodiversity
Associates v. Laverty, Civil Action No. 99–N–2173, filed in
the United States District Court for the District of Colorado
on September 12, 2000, (referred to in this Act as the ‘‘Settle-
ment’’) prevents timely action to reduce the risk of wildfire
in the Beaver Park Roadless Area;
(3) pending litigation (Sierra Club v. U.S. Forest Service,
Civ. No. 94–D–2273 (D. Colorado)) prevents timely action to
reduce the risk of wildfire in the Norbeck Wildlife Preserve;
(4) existing administrative and legal processes cannot
address the fire danger in time to enable the Secretary of
Agriculture to take action to reduce the danger;
H. R. 4775—46
(5) immediate action to address the fire danger in an
environmentally responsive manner is supported by the State,
local counties, local industry users, and some environmental
groups;
(6) the addition of 3,600 acres to the Black Elk Wilderness
in the Black Hills National Forest is in the public interest;
(7) the State of South Dakota, Lawrence, Meade and Pen-
nington County fire officials are encouraged to identify ‘‘fire
emergency zone’’ areas in which public safety may require
a moratorium on issuance of new building permits, and identify
the changes in conditions (including the adoption of fire-safe
building standards) that may be needed to end these moratoria;
and
(8) the State of South Dakota is encouraged to take actions
as necessary to create a defensible fuel zone within State lands
south and southwest of Sturgis.
(b) PURPOSES.—The purposes of this section are—
(1) to authorize and direct the Secretary of Agriculture
(in this section referred to as the ‘‘Secretary’’) to undertake
actions to address promptly the risk of fire and insect infesta-
tion; and
(2) to designate an addition to the existing Black Elk
Wilderness Area in the Black Hills National Forest.
(c) FIRE AND BEETLE RISK REDUCTION IN EXISTING TIMBER
SALE ANALYSIS AREAS.—
(1) IN GENERAL.—Subject to paragraph (2), the Secretary
is authorized to treat additional timber within or outside the
existing cutting units for the Piedmont, Kirk, Redhill, Cavern,
Deadman, Danno and Vanocker timber sales and within the
analysis areas for these sales as is necessary to reduce beetle
infestation and fire hazard;
(2) CRITERIA.—In implementing additional treatments
within the timber sale analysis areas referred to in paragraph
(1), the Secretary shall use in order of priority the following
criteria:
(A) Areas within 1⁄4 mile of private properties where
private property owners have taken or are taking actions
to treat their lands.
(B) Stands that are a fire hazard or insect infested,
and are near private lands or in proximity to communities.
(C) Areas that have the highest intensity or concentra-
tion of insect infestation that will move to other areas.
(D) Stands that are a fire hazard or insect infested,
and are near areas of high resource value where retaining
green trees is important, such as goshawk nests, sensitive
landscapes, recreation areas, and developments.
(E) Stands that are a high fire hazard or insect
infested, and are within skidding distance of existing roads.
(F) Concentrations of insect infested trees.
(G) Stands with the highest density that are most
susceptible to insect attack and are in close proximity
to infested trees.
(3) ADDITIONAL CRITERIA.—In carrying out this subsection,
the Secretary shall ensure that—
(A) any additional treatment for the Cavern, Kirk,
and Piedmont sales shall comply with provisions 6c, d
and e of the Settlement;
H. R. 4775—47
(B) any additional treatment for the Deadman and
Vanocker sales, shall be consistent with the Black Hills
Forest Plan, including the ‘‘Phase I Amendment’’; and
(C) any additional treatment for the Redhill and Danno
sales shall comply with the provisions of 7b, c, and g
of the Settlement.
(4) SKID TRAILS.—Notwithstanding the Settlement, the Sec-
retary may authorize access by skid trails to the additional
treatment areas referred to in this subsection to remove or
treat infested stands, except that the skid trails otherwise
restricted by the settlement shall be restored to pre-existing
conditions upon completion of treatment activities.
(5) COMPLETION OF TREATMENT ACTIVITIES.—The Secretary
shall request timber purchasers to give priority to completing
treatment within the Piedmont, Kirk, Redhill, Cavern,
Deadman, Danno, and Vanocker timber sale areas to address
fire issues and beetle outbreaks.
(d) OTHER TREATMENTS.—
(1) BUFFER ZONES.—The Secretary is authorized to reduce
risk to private property adjoining the Black Hills National
Forest by treating insect infested trees, dead trees, and downed
woody materials on National Forest System lands in T5N,
R5E, BHM, Section 35, and T4N, R5E, BHM, Sections 1, 2
and 12 within 200 feet of adjacent private property. The treat-
ments shall comply with the goshawk nest protections and
snail protections in provisions 6c and 7g of the Settlement.
(2) ADDITIONAL TREATMENTS.—The Secretary is authorized
to treat for insects and fuel reduction National Forest System
lands within 1⁄4 mile of private property and other non-National
Forest System lands near the community of Sturgis, and shall
include, where feasible, the following locations:
(A) in T5N, R5E, BHM within 1⁄4 mile of the exterior
boundary of the Black Hills National Forest in—
(i) Section 35;
(ii) Section 27;
(iii) Section 21;
(iv) Section 20; and
(v) Section 18.
(B) in T5N, R4E, BHM—
(i) Section 13;
(ii) Section 11;
(iii) Section 2;
(iv) Section 3; and
(v) Section 4.
(3) FUEL BREAKS.—The Secretary shall establish 400-foot
fuel breaks as depicted on the map entitled ‘‘Beaver Park
Fuel Breaks and Fuel Treatment Areas,’’ dated June 11, 2002.
In establishing the fuel breaks, the Secretary—
(A) shall not enter any 30-acre area around historic
or active goshawk nest sites identified in Exhibit B1 of
the Settlement; and
(B) shall use best efforts to retain the largest green
trees and large snags.
(4) LIMITATION.—Treatment actions outside of the Beaver
Park Roadless Area authorized by subsection (c) and subsection
(d)(1), (2), and (3) shall be limited to no more than 8,000
H. R. 4775—48
acres of National Forest System land, pending the issuance
of a decision on the proposed Elk Bugs and Fuel project.
(5) FORBES GULCH.—To reduce concentrated heavy fuels,
the Secretary is authorized to treat not more than 700 acres
within the area identified as Forbes Gulch on the map referred
to in paragraph (3). Such treatments shall not involve commer-
cial timber sales or road construction, except that the Secretary
may permit firewood cutters to remove the timber without
construction of any roads. In carrying out the treatments
authorized by this paragraph, the Secretary—
(A) may use the Forbes Gulch unclassified road for
motorized equipment and vehicles to facilitate ingress and
egress of equipment and personnel and may maintain this
road to minimum standards necessary for safety and
resource protection;
(B) may utilize helicopters to fly in heavy equipment
(such as industrial chippers and small tractors) to assist
with the project;
(C) shall use best efforts to retain the largest green
trees and large snags;
(D) may construct two 10-acre safety zones; and
(E) shall reduce the stand structure to no less than
40 square feet basal area per acre of live trees, if available.
(e) FIRE SUPPRESSION ACCESS IN THE BEAVER PARK ROADLESS
AREA.—
(1) PRE-SUPPRESSION PLAN.—The pre-suppression plan for
the Beaver Park Roadless Area provided for in the Settlement
may provide for actions authorized by this section, and shall
be completed as soon as practicable.
(2) IMPROVED ACCESS.—The Secretary is authorized to pro-
vide for improved fire equipment access at the perimeter of
the Beaver Park Roadless Area by improving classified Forest
Roads 139.1, 169.1b, 169.1d, and 139.1b. Such improvements
shall be the minimum necessary for crews, equipment and
single axle wildfire trucks and may include removing selected
trees along roads, constructing pull-outs and turn-arounds,
smoothing road surfaces in rough spots, and straightening some
corners.
(3) FORBES GULCH UNCLASSIFIED ROAD.—To protect public
safety and reduce fire risks, the Secretary shall prohibit public
access year-long on the Forbes Gulch unclassified road. The
Secretary shall conduct a roads analysis process as provided
in Forest Service Manual 7710 and the necessary level of anal-
ysis and documentation pursuant to the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321–4347) (in this section
referred to as ‘‘NEPA’’) before making a decision to open to
public motor vehicle use the Forbes Gulch unclassified road
identified on the map entitled ‘‘Beaver Park Fuel Breaks and
Fuel Treatment Areas,’’ dated June 11, 2002. Except as pro-
vided in subsection (d)(5) and until a decision is issued, the
Secretary shall not maintain the Forbes Gulch unclassified
road and shall prohibit public access on the road.
(4) HELISPOTS.—If sufficient openings for helispots are not
available in the Beaver Park Roadless Area, the Secretary
is authorized to construct two 5-acre helispots within the Area
to transport firefighters and fire equipment into and out of
the area.
H. R. 4775—49
(5) EASEMENTS.—To facilitate firefighter access into, and
escape routes from, Beaver Park Roadless Area, the Secretary
shall attempt to acquire easements from the exterior Forest
Service boundary to I–90 on the eastern side of Beaver Park
Roadless Area, at a minimum, along Tilford Gulch, Forbes
Gulch, Pleasant Valley and Bulldog Gulch.
(f) NEEDLES TIMBER SALE AREA.—
(1) NEEDLES TIMBER SALE.—The Needles Timber Sale shall
proceed after the Secretary makes modifications in implementa-
tion of the Decision Notice to further benefit game animals
and birds, as reflected in the memorandum known as the
‘‘Burns/Carter memorandum’’ dated November 10, 1999, and
maintained in the Black Hills National Forest Supervisor’s
office. The standards to which any road is constructed for
the timber sale shall be the minimum necessary to access
and remove timber.
(2) RESEARCH COMMITTEE.—By December 1, 2003, the Sec-
retary shall select a committee composed of research scientists
who are federal employees to recommend an old growth
research area within the Needles area (outside the Needles
Timber Sale cutting units). By December 1, 2004, the committee
shall make its recommendation to the Secretary. The commit-
tee’s recommendation shall be subject to public notice, review
and comment.
(g) GRIZZLY TIMBER SALE.—The Grizzly Timber Sale shall pro-
ceed after the Secretary makes modifications in implementation
of the Decision Notice to further benefit game animals and birds,
as reflected in the memorandum known as the ‘‘Burns/Carter memo-
randum’’ dated November 10, 1999, and maintained in the Black
Hills National Forest Supervisor’s office. The standards to which
any road is constructed for the timber sale shall be the minimum
necessary to access and remove timber.
(h) NORBECK.—The Secretary is authorized to use the full spec-
trum of management tools including prescribed fire and silvicultural
treatments to benefit game animal and bird habitat in meeting
the purposes of the Norbeck Organic Act. The management actions
required by subsections (f)(1) and (g) are deemed consistent with
the Norbeck Organic Act (16 U.S.C. 675–678b).
(i) NORBECK MEMORANDUM OF UNDERSTANDING.—By December
1, 2003, the Secretary shall propose a Memorandum of Under-
standing with the South Dakota Department of Game, Fish and
Parks to, at a minimum, adopt procedures to monitor the effects
of management activities, consult on habitat management, concur
on program areas of responsibility, and review and recommend
as needed any changes to Norbeck Wildlife Preserve direction con-
tained in the 1997 Revised Forest Plan and future plan amendments
and revisions. The basis of the MOU will be the guidelines set
forth in the May 21, 2002 memo by SDF&P.
(j) PROCESS.—Due to the extraordinary circumstances present
here, actions authorized by this section shall proceed immediately
and to completion notwithstanding any other provision of law
including, but not limited to, NEPA and the National Forest
Management Act (16 U.S.C. 1601 et seq.). Such actions shall also
not be subject to the notice, comment, and appeal requirements
of the Appeals Reform Act, (16 U.S.C. 1612 (note), Pub. Law No.
102–381 sec. 322). Any action authorized by this section shall
not be subject to judicial review by any court of the United States.
H. R. 4775—50
Except as provided by this section the Settlement remains in full
force and effect.
(k) EFFECT
OF ACTIONS.—Except for those actions required
by subsections (f)(1) and (g), the Secretary shall disclose the effect
of actions authorized by this section in the proposed Elk Bugs
and Fuels project cumulative effects analysis for past, present,
and reasonably foreseeable future actions. The decision for the
Elk Bugs and Fuels project shall be issued not later than July
1, 2003.
(l) RESEARCH NATURAL AREA.—Except as provided in this sec-
tion, the Secretary shall undertake no additional ground disturbing
or vegetation removal activities within the Beaver Park Roadless
Area until completion of the Phase II amendment to the Black
Hills National Forest Plan. The Secretary shall analyze the Beaver
Park Roadless Area for suitability as a Research Natural Area,
as required by the Settlement. The Secretary shall not consider
any of the actions authorized or required by this section to affect
the suitability of the Beaver Park Roadless Area for designation
as a Research Natural Area.
(m) ROADLESS CHARACTER.—The actions authorized by this sec-
tion will not affect the determination of the Beaver Park Roadless
Area’s wilderness capability, wilderness suitability, and/or roadless
character.
(n) WILDERNESS DESIGNATION.—Section 103 of Public Law 96–
560 is amended by—
(1) inserting ‘‘(1)’’ after ‘‘National Wilderness Preservation
System:’’; and
(2) adding before ‘‘: Provided, That’’ the following: ‘‘; and
(2) certain lands in the Black Hills National Forest, South
Dakota, which comprise approximately three thousand six hun-
dred acres, as generally depicted on a map entitled ‘Black
Elk Wilderness Addition-Proposed,’ dated June 13, 2002, and
which shall constitute an addition to the existing Black Elk
Wilderness’’.
(o) REPORTING.—The Secretary shall report to the Congress
on the implementation of this section on or by November 30, 2002,
June 30, 2003, and November 30, 2003.
CHAPTER 8
DEPARTMENT OF LABOR
OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION
SALARIES AND EXPENSES
Of the funds provided under this heading in Public Law 107–
116 for Occupational Safety and Health Administration training
grants, not less than $3,200,000 shall be used to extend funding
for the Institutional Competency Building training grants which
commenced in September 2000, for program activities for the period
of September 30, 2002 to September 30, 2003, provided that a
grantee has demonstrated satisfactory performance.
H. R. 4775—51
DEPARTMENT OF HEALTH AND HUMAN SERVICES
HEALTH RESOURCES AND SERVICES ADMINISTRATION
HEALTH RESOURCES AND SERVICES
The matter preceding the first proviso under this heading in
Public Law 107–116 is amended—
(1) by inserting ‘‘IV,’’ after ‘‘titles II, III,’’; and
(2) by striking ‘‘$311,978,000’’ and inserting ‘‘$315,333,000’’.
The matter under this heading in Public Law 107–116 is
amended by striking ‘‘$4,000,000 is for the Columbia Hospital for
Women Medical Center in Washington, D.C. to support community
outreach programs for children’’ and inserting ‘‘$4,000,000 is for
the All Children’s Hospital, St. Petersburg, Florida to support
development of a pediatric clinical research center program’’.
CENTERS FOR DISEASE CONTROL AND PREVENTION
DISEASE CONTROL, RESEARCH, AND TRAINING
For an additional amount for the Centers for Disease Control
and Prevention, ‘‘Disease Control, Research, and Training’’,
$1,000,000: Provided, That the entire amount is designated as
an emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended: Provided further, That the entire amount shall be avail-
able only to the extent an official budget request, that includes
designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted by the
President to the Congress.
NATIONAL INSTITUTES OF HEALTH
BUILDINGS AND FACILITIES
(INCLUDING RESCISSION)
Of the funds provided under this heading in Public Law 107–
116, $30,000,000 are rescinded.
Under this heading in Public Law 107–116, ‘‘$26,000,000’’ is
deleted and ‘‘$36,600,000’’ is inserted.
ADMINISTRATION FOR CHILDREN AND FAMILIES
CHILDREN AND FAMILIES SERVICES AND PROGRAMS
For an additional amount for ‘‘Children and Families Services
Programs’’ for carrying out section 316 of the Family Violence
Prevention and Services Act (42 U.S.C. 10416), $500,000: Provided,
That the entire amount is designated by the Congress as an emer-
gency requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended:
Provided further, That the entire amount shall be available only
to the extent an official budget request, that includes designation
of the entire amount of the request as an emergency requirement
as defined in the Balanced Budget and Emergency Deficit Control
H. R. 4775—52
Act of 1985, as amended, is transmitted by the President to the
Congress.
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 for ‘‘Public Health and Social
Services Emergency Fund’’ for baseline and follow-up screening
and clinical examinations, long-term health monitoring and analysis
for the emergency services personnel, rescue and recovery personnel,
$90,000,000, to remain available until expended, of which no less
than $25,000,000 shall be available for current and retired fire-
fighters: Provided, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended: Provided further, That the entire amount
shall be available only to the extent an official budget request,
that includes designation of the entire amount of the request as
an emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is transmitted
by the President to the Congress.
DEPARTMENT OF EDUCATION
SCHOOL IMPROVEMENT PROGRAMS
The matter under this heading in Public Law 107–116 is
amended by inserting before the period, ‘‘: Provided further, That
of the amount made available under subpart 8, part D, title V
of the ESEA, $2,300,000 shall be available for Digital Educational
Programming Grants’’.
Of the funds provided under this heading in Public Law 107–
116 to carry out the Elementary and Secondary Education Act
of 1965, $832,889,000 shall be available to carry out part D of
title V, and up to $11,500,000 may be used to carry out section
2345.
In the statement of the managers of the committee of conference
accompanying H.R. 3061 (Public Law 107–116; House Report 107–
342), in the matter relating to the Fund for the Improvement
of Education under the heading ‘‘School Improvement Programs’’—
(1) the provision specifying $200,000 for Fresno At-Risk
Youth Services and the provision specifying $225,000 for the
Fresno Unified School District shall be applied by substituting
the following for the two provisions: ‘‘Fresno Unified School
District, Fresno, California, in partnership with the City of
Fresno, California, for activities to address the problems of
at-risk youth, including afterschool activities and a mobile
science unit, $425,000’’;
(2) the provision specifying $250,000 for the Wellington
Public School District, Wellington, KS, shall be deemed to read
as follows: ‘‘Wellington Public School District, Wellington, KS,
for after school activities, $250,000’’;
(3) the provision specifying $200,000 for the Vermont
Higher Education Council shall be deemed to read as follows:
‘‘Vermont Higher Education Consortium to develop universal
early learning programs to ensure that at least one certified
H. R. 4775—53
teacher will be available in center-based child care programs,
$200,000’’;
(4) the provision specifying $250,000 for Education Service
District 117 in Wenatchee, WA, shall be deemed to read as
follows: ‘‘Education Service District 171 in Wenatchee, WA,
to equip a community technology center to expand technology-
based training, $250,000’’;
(5) the provision specifying $1,000,000 for the Electronic
Data Systems Project shall be deemed to read as follows: ‘‘Wash-
ington State Department of Education for an electronic data
systems project to create a database that would improve the
acquisition, analysis and sharing of student information,
$1,000,000’’;
(6) the provision specifying $250,000 for the YMCA of
Seattle-King-Snohomish County shall be deemed to read as
follows: ‘‘YWCA of Seattle-King County-Snohomish County to
support women and families through an at-risk youth center
and other family supports, $250,000’’;
(7) the provision specifying $50,000 for Drug Free Pennsyl-
vania shall be deemed to read as follows: ‘‘Drug Free Pennsyl-
vania to implement a demonstration project, $50,000’’;
(8) the provision specifying $20,000,000 for the Common-
wealth of Pennsylvania Department of Education shall be
deemed to read as follows: ‘‘$20,000,000 is included for a grant
to the Commonwealth of Pennsylvania Department of Edu-
cation to provide assistance, through subgrants, to low-per-
forming school districts that are slated for potential takeover
and/or on the Education Empowerment List as prescribed by
Pennsylvania State Law. The initiative is intended to improve
the management and operations of the school districts; assist
with curriculum development; provide after-school, summer and
weekend programs; offer teacher and principal professional
development and promote the acquisition and effective use of
instructional technology and equipment’’;
(9) the provision specifying $1,000,000 for State of Lou-
isiana for Louisiana Online shall be deemed to read as follows:
‘‘Online Louisiana, Inc., New Orleans, LA, for a K–12 tech-
nology initiative, $1,000,000’’;
(10) the provision specifying $150,000 for the American
Theater Arts for Youth, Inc., Philadelphia, PA, for a Mississippi
Arts in Education Program shall be deemed to read as follows:
‘‘American Theater Arts for Youth, Inc., for a Mississippi Arts
in Education program, $150,000’’;
(11) the provision specifying $340,000 for the Zero to Five
Foundation, Los Angeles, California, shall be deemed to read
as follows: ‘‘Zero to Five Foundation, Los Angeles, California,
to develop an early childhood education and parenting project,
$340,000’’;
(12) the provision specifying $900,000 for the University
of Nebraska, Kearney, Nebraska, shall be deemed to read as
follows: ‘‘University of Nebraska, Kearney, Nebraska, for a
Minority Access to Higher Education Program to address the
special needs of Hispanic and other minority populations from
grades K–12, $900,000’’;
(13) the provision specifying $25,000 for the American The-
ater Arts for Youth for an Arts in Education program shall
be deemed to read as follows: ‘‘American Theater Arts for
H. R. 4775—54
Youth, Inc., in Philadelphia, Pennsylvania, for an Arts in Edu-
cation program, $25,000’’;
(14) the provision specifying $50,000 for the Lewiston-
Auburn College/University of Southern Maine shall be deemed
to read as follows: ‘‘Lewiston-Auburn College/University of
Southern Maine CLASS program to prepare teachers to meet
the demands of Maine’s 21st century elementary and middle
schools, $50,000’’; and
(15) the provision specifying $500,000 for the Prairie Lakes
Education Cooperative in Madison, South Dakota to advance
distance learning for Native Americans in BIA and tribal
schools shall be deemed to read as follows: ‘‘Sisseton-Wahpeton
School Board in Agency Village, South Dakota to advance dis-
tance learning for Native American students, $500,000’’.
STUDENT FINANCIAL ASSISTANCE
For an additional amount for ‘‘Student Financial Assistance’’
for Pell Grants, $1,000,000,000, to remain available through Sep-
tember 30, 2003.
HIGHER EDUCATION
In the statement of the managers of the committee of conference
accompanying H.R. 3061 (Public Law 107–116; House Report 107–
342), in the matter relating to the Fund for the Improvement
of 
Postsecondary 
Education 
under 
the 
heading 
‘‘Higher
Education’’—
(1) the provision for Nicholls State University, Thibodaux,
LA, shall be applied by substituting ‘‘Intergenerational Program
and Advanced Technology Program’’ for ‘‘International Pro-
gram’’;
(2) the provision specifying $1,000,000 for the George J.
Mitchell Scholarship Research Institute shall be deemed to
read as follows: ‘‘George J. Mitchell Scholarship Research
Institute in Portland, Maine, for an endowment to provide
scholarships that allow students attending public schools in
Maine to continue their education, $1,000,000’’;
(3) the provision specifying $10,000,000 for the Shriver
Peace Worker Program, Inc. shall be deemed to read as follows:
‘‘Shriver Peace Worker Program, Inc. to establish the Sargent
Shriver Peace Center, which may include establishing an
endowment for such center, for the purpose of supporting grad-
uate research fellowships, professorships, and grants and schol-
arships for students related to peace studies and social change,
$10,000,000’’; and
(4) the provision specifying $1,000,000 for Cleveland State
University shall be deemed to read as follows: ‘‘Cleveland State
University, College of Education, Cleveland, Ohio, for a K–
16 Urban School Leadership initiative, $1,000,000’’.
EDUCATION RESEARCH, STATISTICS, AND ASSESSMENT
The matter under this heading in Public Law 107–116, is
amended by inserting before the period the following new proviso:
‘‘: Provided further, That $5,000,000 shall be available to extend
for one additional year the contract for the Eisenhower National
Clearinghouse for Mathematics and Science Education authorized
H. R. 4775—55
under section 2102(a)(2) of the Elementary and Secondary Edu-
cation Act of 1965, prior to its amendment by the No Child Left
Behind Act of 2001, Public Law 107–110’’.
GENERAL PROVISIONS—THIS CHAPTER
SEC. 801. The Elementary and Secondary Education Act of
1965 is hereby amended in section 8003 by amending subsection
(b)(2)(D)(ii)(III) to read as follows: ‘‘For a local educational agency
that does not qualify under (B)(i)(II)(aa) of this subsection and
has an enrollment of more than 100 but not more than 1,000
children described in subsection (a)(1), the Secretary shall calculate
the total number of weighted student units for purposes of sub-
section (a)(2) by multiplying the number of such children by a
factor of 1.25.’’.
SEC. 802. The Elementary and Secondary Education Act of
1965 is hereby amended in section 8003(b)(1) by adding the fol-
lowing as subparagraph (G):
‘‘(G) Beginning with fiscal year 2002, for the purpose
of calculating a payment under this paragraph for a local
educational agency whose local contribution rate was com-
puted under subparagraph (C)(iii) for the previous year,
the Secretary shall use a local contribution rate that is
not less than 95 percent of the rate that the LEA received
for the preceding year.’’.
SEC. 803. Amounts made available in Public Law 107–116
for the administrative and related expenses for departmental
management for the Department of Labor, the Department of
Health and Human Services, and the Department of Education,
shall be reduced by $45,000,000: Provided, That this provision
shall not apply to the Food and Drug Administration and the
Indian Health Service: Provided further, That not later than 15
days after the enactment of this Act, the Director of the Office
of Management and Budget shall report to the House and Senate
Committees on Appropriations the accounts subject to the reduc-
tions and the amount to be reduced in each account.
SEC. 804. (a) Section 487 of the Public Health Service Act
(42 U.S.C. 288) is amended by striking ‘‘National Research Service
Awards’’ or ‘‘National Research Service Award’’ each place either
appears and inserting in lieu thereof ‘‘Ruth L. Kirschstein National
Research Service Awards’’ or ‘‘Ruth L. Kirschstein National
Research Service Award’’ as appropriate.
(b) The heading for section 487 of the Public Health Service
Act (42 U.S.C. 288) is amended to read as follows: ‘‘Ruth L.
Kirschstein National Research Service Awards’’.
(c) Any reference in any law (other than this Act), regulation,
document, record, map, or other paper of the United States to
‘‘National Research Service Awards’’ shall be considered to be a
reference to ‘‘Ruth L. Kirschstein National Research Service
Awards’’.
SEC. 805. None of the funds provided by this or any other
Act may be used to enforce the amendments made by section
166 of the Community Renewal Tax Relief Act of 2000 in Alaska,
including the imposition of any penalties.
SEC. 806. In the statement of the managers of the committee
of conference accompanying the fiscal year 2001 Labor, Health
and Human Services, and Education appropriations bill (Public
H. R. 4775—56
Law 106–554; House Report 106–1033), the provision specifying
$464,000 for the Bethel Native Corporation worker demonstration
project shall be deemed to read as follows: ‘‘for the Alaska CHAR
vocational training program, $100,000 and $364,000 for the Yuut
Elitnauvriat People’s Learning Center in Bethel, Alaska for voca-
tional training for Alaska Natives’’.
SEC. 807. Notwithstanding any other provision of law, from
September 1 through September 30, 2002, the Secretary of Edu-
cation may transfer to Program Administration an amount nec-
essary to offset any reduction pursuant to section 803 of this Act
but not to exceed $5,000,000 from funds made available in the
Department of Education Appropriations Act, 2002, that the Sec-
retary determines are not needed to fully fund all qualified grant
applications and would otherwise lapse at the end of fiscal year
2002: Provided, That the Committees on Appropriations of both
Houses of Congress are notified at least 15 days in advance of
any such transfer.
CHAPTER 9
LEGISLATIVE BRANCH
HOUSE OF REPRESENTATIVES
SALARIES AND EXPENSES
For an additional amount for salaries and expenses of the
House of Representatives, $1,600,000, as follows:
COMMITTEE EMPLOYEES
STANDING COMMITTEES, SPECIAL AND SELECT
For an additional amount for salaries and expenses of standing
committees, special and select, authorized by House resolutions,
$1,600,000: Provided, That such amount shall remain available
for such salaries and expenses until December 31, 2002.
JOINT ITEMS
CAPITOL POLICE BOARD
CAPITOL POLICE
GENERAL EXPENSES
For an additional amount for the Capitol Police Board for
necessary expenses of the Capitol Police, including computer equip-
ment and services, training, communications, uniforms, weapons,
and reimbursement to the Environmental Protection Agency, Haz-
ardous Substance Superfund for additional expenses incurred for
anthrax investigations and cleanup actions, $16,100,000, to remain
available until expended, to be disbursed by the Capitol Police
Board or their delegee.
H. R. 4775—57
LIBRARY OF CONGRESS
COPYRIGHT OFFICE
SALARIES AND EXPENSES
For an additional amount for ‘‘Copyright Office, Salaries and
expenses’’, $7,500,000, to remain available until expended.
ADMINISTRATIVE PROVISIONS
SEC. 901. The amount otherwise made available under section
506 of the Supplemental Appropriations Act, 1973 (2 U.S.C. 58)
for fiscal year 2002 to any Senator from the Senators’ Official
Personnel and Office Expense Account shall be increased by the
amount (not in excess of $20,000) which the Senator certifies in
a written request to the Secretary of the Senate made not later
than September 30, 2002, as being necessary for the payment
or reimbursement of expenditures incurred or obligated during fiscal
year 2002 that—
(1) are otherwise payable from such account, and
(2) are directly related to responses to the terrorist attacks
of September 11, 2001, or the discovery of anthrax in the
Senate complex and the displacement of Senate offices due
to such discovery.
SEC. 902. (a) Chapter 9 of the Emergency Supplemental Act,
2002 (Public Law 107–117; 115 Stat. 2315), is amended—
(1) in section 901(a), by striking ‘‘buildings and facilities’’
and insert ‘‘buildings and facilities, subject to the availability
of appropriations,’’.
(b) Section 9 of the Act of July 31, 1946 (40 U.S.C. 212a),
is amended by redesignating the subsection (b) added by section
903(c)(2) of the Emergency Supplemental Act, 2002, as subsection
(c).
(c) The amendment made by this section shall take effect as
if included in the enactment of the Emergency Supplemental Act,
2002.
SEC. 903. (a) Chapter 9 of the Emergency Supplemental Act,
2002 (Public Law 107–117; 115 Stat. 2315), is amended—
(1) in section 903(a), by striking ‘‘buildings and facilities’’
and insert ‘‘buildings and facilities, subject to the availability
of appropriations,’’.
(b) Section 9 of the Act of July 31, 1946 (40 U.S.C. 212a),
is amended by redesignating the subsection (b) added by section
903(c)(2) of the Emergency Supplemental Act, 2002, as subsection
(c).
(c) The amendment made by this section shall take effect as
if included in the enactment of the Emergency Supplemental Act,
2002.
SEC. 904. Nothing in section 1535 of title 31, U.S.C. (commonly
referred to as the ‘‘Economy Act’’), or any other provision of such
title may be construed to prevent or restrict the Chief Administra-
tive Officer of the House of Representatives from placing orders
under such section during any fiscal year in the same manner
and to the same extent as the head of any other major organiza-
tional unit with an agency may place orders under such section
during a fiscal year.
H. R. 4775—58
SEC. 905. (a) The Architect of the Capitol is authorized, subject
to the availability of appropriations, to acquire (through purchase,
lease, or otherwise) buildings and facilities for use as computer
backup facilities (and related uses) for offices in the legislative
branch.
(b) The acquisition of a building or facility under subsection
(a) shall be subject to the approval of—
(1) the House Office Building Commission, in the case
of a building or facility acquired for the use of an office of
the House of Representatives;
(2) the Committee on Rules and Administration of the
Senate, in the case of a building or facility acquired for the
use of an office of the Senate; or
(3) the House Office Building Commission in the case of
a building or facility acquired for the use of any other office
in the legislative branch as part of a joint facility with (1)
above, or the Committee on Rules and Administration of the
Senate, in the case of a building or facility acquired for the
use of any other office in the legislative branch as part of
a joint facility with (2) above.
(c) Any building or facility acquired by the Architect of the
Capitol pursuant to subsection (a) shall be a part of the United
States Capitol Grounds and shall be subject to the provisions of
the Act entitled ‘‘An Act to define the area of the United States
Capitol Grounds, to regulate the use thereof, and for other pur-
poses’’, approved July 31, 1946.
(d) This section shall apply with respect to fiscal year 2002
and each succeeding fiscal year.
SEC. 906. (a) There is hereby established in the Treasury of
the United States an account for the Architect of the Capitol to
be known as ‘‘Capitol Police Buildings and Grounds’’ (hereinafter
in this section referred to as the ‘‘account’’).
(b) Funds in the account shall be used by the Architect of
the Capitol for all necessary expenses for the maintenance, care,
and operation of buildings and grounds of the United States Capitol
Police.
(c) This section shall apply with respect to fiscal year 2002
and each succeeding fiscal year. Any amounts provided to the
Architect of the Capitol prior to the date of the enactment of
this Act for the maintenance, care, and operation of buildings of
the United States Capitol Police during fiscal year 2002 shall be
transferred to the account.
SEC. 907. (a) Subject to the approval of the House Office
Building Commission and the Senate Committee on Rules and
Administration, the Architect of the Capitol is authorized to acquire
(through purchase, lease, transfer from another Federal entity,
or otherwise) real property, subject to the availability of appropria-
tions and upon approval of an obligation plan by the Committees
on Appropriations of the House and Senate, for the use of the
United States Capitol Police.
(b) Any real property acquired by the Architect of the Capitol
pursuant to subsection (a) shall be a part of the United States
Capitol Grounds and shall be subject to the provisions of the Act
entitled ‘‘An Act to define the area of the United States Capitol
Grounds, to regulate the use thereof, and for other purposes’’,
approved July 31, 1946.
H. R. 4775—59
(c) This section shall apply with respect to fiscal year 2002
and each succeeding fiscal year.
CHAPTER 10
DEPARTMENT OF DEFENSE
MILITARY CONSTRUCTION
MILITARY CONSTRUCTION, AIR FORCE
For an additional amount for ‘‘Military Construction, Air Force’’,
$7,250,000, to remain available until September 30, 2006: Provided,
That the entire amount is designated by the Congress as an emer-
gency requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended:
Provided further, That the entire amount shall be available only
to the extent an official budget request that includes designation
of the entire amount of the request as an emergency requirement
as defined in the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended, is transmitted by the President to the
Congress: Provided further, That notwithstanding any other provi-
sion of law, such funds may be obligated or expended to carry
out planning and design and military construction projects not
otherwise authorized by law.
MILITARY CONSTRUCTION, DEFENSE-WIDE
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ‘‘Military Construction, Defense-
wide’’, $21,500,000, to remain available until September 30, 2006:
Provided, That the entire amount is designated by the Congress
as an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985,
as amended: Provided further, That the entire amount shall be
available only to the extent an official budget request that includes
designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted by the
President to the Congress: Provided further, That notwithstanding
any other provision of law, such funds may be obligated or expended
to carry out planning and design and military construction projects
not otherwise authorized by law.
GENERAL PROVISION—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 this
Act may be used to carry out military construction projects, not
otherwise authorized by law, that the Secretary of Defense deter-
mines are necessary to respond to or protect against acts or threat-
ened 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:
H. R. 4775—60
(1) the determination to use such amounts for the project;
and
(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
meaning given that term in section 2801(4) of title 10, United
States Code.
CHAPTER 11
DEPARTMENT OF TRANSPORTATION
OFFICE OF THE SECRETARY
TRANSPORTATION ADMINISTRATIVE SERVICE CENTER
(LIMITATION ON OBLIGATIONS)
Under this heading in Public Law 107–87, as amended by
section 1106 of Public Law 107–117, delete ‘‘$116,023,000’’ and
insert ‘‘$128,123,000’’.
TRANSPORTATION SECURITY ADMINISTRATION
(INCLUDING TRANSFER OF FUNDS)
For additional amounts for emergency expenses to ensure
transportation security, $3,850,200,000, to remain available until
expended: Provided, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended: Provided further, That of the amounts
provided under this head, $1,030,000,000 shall, immediately upon
enactment of this Act, be transferred to Federal Emergency Manage-
ment Agency ‘‘Disaster Relief’’ for emergency expenses to respond
to the September 11, 2001 terrorist attack on the United States:
Provided further, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended: Provided further, That of such amount,
$480,200,000 shall be available only to the extent an official budget
request for a specific dollar amount that includes designation of
the entire amount of the request as an emergency requirement
as defined in such Act is transmitted by the President to the
Congress: Provided further, That of the total amount provided
herein, the following amounts are available for obligation only for
the specific purposes below:
(1) Physical modification of commercial service airports
for the purpose of installing checked baggage explosive detection
systems, 
including 
explosive 
trace 
detection 
systems,
$738,000,000;
(2) Port security activities, $125,000,000, of which
$105,000,000 shall be distributed under the same terms and
conditions as provided for under Public Law 107–117 and of
which $20,000,000 shall be used for developing and conducting
port incident training and exercises;
H. R. 4775—61
(3) Grants and contracts to enhance security for intercity
bus operations, $15,000,000;
(4) Grants, contracts and interagency agreements for the
purpose of deploying Operation Safe Commerce, $28,000,000;
(5) Procurement of air-ground communications systems and
devices for the Federal air marshal program, $15,000,000;
(6) Grants and contracts for radiation detection system
test and evaluation, $4,000,000;
(7) Grants to airport authorities for pilot projects to improve
airport terminal security, $17,000,000;
(8) Grants and contracts for security research, development,
and pilot projects, $10,000,000; and
(9) Replacement of magnetometers at airport passenger
screening locations in commercial service airports, $23,000,000:
Provided further, That none of the funds in this Act shall be
used to recruit or hire personnel into the Transportation Security
Administration which would cause the agency to exceed a staffing
level of 45,000 full-time permanent positions.
UNITED STATES COAST GUARD
OPERATING EXPENSES
For an additional amount for ‘‘Operating Expenses’’ for emer-
gency expenses for homeland security and other purposes,
$200,000,000, to remain available until September 30, 2003: Pro-
vided, That the entire amount is designated by the Congress as
an emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended: Provided further, That of such amount, $11,000,000 shall
be available only to the extent an official budget request that
includes designation of the $11,000,000 as an emergency require-
ment as defined in such Act is transmitted by the President to
the Congress.
ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS
For an additional amount for ‘‘Acquisition, Construction, and
Improvements’’ for emergency expenses for homeland security and
other purposes, $328,000,000, to remain available until September
30, 2004, of which $38,100,000 shall be available to acquire, repair,
renovate or improve vessels, small boats and related equipment;
$200,000,000 shall be available to acquire new aircraft and increase
aviation capability; $27,729,000 shall be available for other equip-
ment; and $62,171,000 shall be for shore facilities and aids to
navigation facilities: Provided, That the entire amount is designated
by the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended: Provided further, That of such amount,
$262,000,000 shall be available only to the extent an official budget
request that includes designation of the $262,000,000 as an emer-
gency requirement as defined in such Act is transmitted by the
President to the Congress.
H. R. 4775—62
FEDERAL AVIATION ADMINISTRATION
OPERATIONS
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ‘‘Operations’’, $42,000,000, for
security activities at Federal Aviation Administration facilities: Pro-
vided, That the entire amount is designated by the Congress as
an emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended: Provided further, That the entire amount shall be avail-
able only to the extent an official budget request that includes
designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted by the
President to the Congress: Provided further, That an additional
$33,000,000 may be derived by transfer from ‘‘Facilities and Equip-
ment (Airport and Airway Trust Fund)’’.
FACILITIES AND EQUIPMENT
(AIRPORT AND AIRWAY TRUST FUND)
For an additional amount for ‘‘Facilities and Equipment’’,
$7,500,000, to be derived from the Airport and Airway Trust Fund
and to remain available until expended: Provided, That the entire
amount is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985, as amended: Provided further,
That the entire amount shall be available only to the extent an
official budget request that includes designation of the entire
amount of the request as an emergency requirement as defined
in the Balanced Budget and Emergency Deficit Control Act of
1985, as amended, is transmitted by the President to the Congress.
GRANTS-IN-AID FOR AIRPORTS
(AIRPORT AND AIRWAY TRUST FUND)
For an additional amount to enable the Federal Aviation
Administrator to compensate airports for the direct costs associated
with new, additional, or revised security requirements imposed
on airport operators by the Administrator on or after September
11, 2001, notwithstanding any other provision of law, $150,000,000,
to be derived from the Airport and Airway Trust Fund and to
remain available until expended: Provided, That the entire amount
is designated by the Congress as an emergency requirement pursu-
ant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further, That
the entire amount shall be available only to the extent an official
budget request that includes designation of the entire amount of
the request as an emergency requirement as defined in the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended,
is transmitted by the President to the Congress.
H. R. 4775—63
FEDERAL HIGHWAY ADMINISTRATION
FEDERAL-AID HIGHWAYS
EMERGENCY RELIEF PROGRAM
(HIGHWAY TRUST FUND)
For an additional amount for ‘‘Emergency Relief Program’’,
as authorized by 23 U.S.C. 125, for emergency expenses to respond
to the September 11, 2001, terrorist attacks on New York City,
$167,000,000 for the State of New York, to be derived from the
Highway Trust Fund and to remain available until expended: Pro-
vided, That notwithstanding 23 U.S.C. 120(e), the Federal share
for any project on a Federal-aid highway related to the New York
City terrorist attacks shall be 100 percent: Provided further, That
notwithstanding 23 U.S.C. 125(d)(1), the Secretary of Transpor-
tation may obligate more than $100,000,000 for those projects:
Provided further, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended.
FEDERAL-AID HIGHWAYS
(HIGHWAY TRUST FUND)
(RESCISSION)
Of the funds apportioned to each state under the programs
authorized 
under 
sections 
1101(a)(1), 
1101(a)(2), 
1101(a)(3),
1101(a)(4) and 1101(a)(5) of Public Law 105–178, as amended,
$320,000,000 are rescinded.
FEDERAL-AID HIGHWAYS
EMERGENCY RELIEF PROGRAM
(HIGHWAY TRUST FUND)
For an additional amount for the ‘‘Emergency Relief Program’’,
as authorized by section 125 of title 23, United States Code,
$98,000,000, to be derived from the Highway Trust Fund and to
remain available until expended: Provided, That the entire amount
is designated by the Congress as an emergency requirement pursu-
ant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further, That
the entire amount shall be available only to the extent that an
official budget request, that includes designation of the entire
amount of the request as an emergency requirement as defined
in the Balanced Budget and Emergency Deficit Control Act of
1985, as amended, is transmitted by the President to the Congress.
FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION
BORDER ENFORCEMENT PROGRAM
(HIGHWAY TRUST FUND)
For necessary expenses of the Border Enforcement Program
to respond to the September 11, 2001, terrorist attacks on the
H. R. 4775—64
United States, $19,300,000, to be derived from the Highway Trust
Fund, of which $4,200,000 shall be to implement section 1012
of Public Law 107–56 (USA Patriot Act); $10,000,000 shall be
for drivers’ license fraud detection and prevention, the northern
border safety and security study, and hazardous material security
education and outreach; and $5,100,000 shall be for the purposes
of coordinating drivers’ license registration and social security
number verification: Provided, That in connection with such
commercial drivers’ license fraud deterrence projects, the Secretary
may enter into such contracts or grants with the American Associa-
tion of Motor Vehicle Administrators, States, or other persons as
the Secretary may so designate to carry out these purposes: Pro-
vided further, That the entire amount is designated by the Congress
as an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985,
as amended.
HAZARDOUS MATERIALS SECURITY
(HIGHWAY TRUST FUND)
For necessary expenses to implement the hazardous materials
safety permit program pursuant to 49 U.S.C. 5109, $5,000,000,
to be derived from the Highway Trust Fund and to remain available
until expended: Provided, That the entire amount is designated
by the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended: Provided further, That the entire amount
shall be available only to the extent an official budget request
that includes designation of the entire amount of the request as
an emergency requirement as defined in such Act is transmitted
by the President to the Congress.
FEDERAL RAILROAD ADMINISTRATION
GRANTS TO THE NATIONAL RAILROAD PASSENGER CORPORATION
For an additional amount for the National Railroad Passenger
Corporation for expenses to ensure the continuation of rail pas-
senger operations, $205,000,000.
FEDERAL TRANSIT ADMINISTRATION
CAPITAL INVESTMENT GRANTS
For an additional amount for ‘‘Capital Investment Grants’’ for
emergency expenses to respond to the September 11, 2001, terrorist
attacks in New York City, $1,800,000,000, to remain available
until expended to replace, rebuild, or enhance the public transpor-
tation systems serving the Borough of Manhattan, New York City,
New York: Provided, That the Secretary may use up to 1 percent
of this amount for oversight activities: Provided further, That these
funds are subject to grant requirements as determined by the
Secretary to ensure that eligible projects will improve substantially
the mobility of commuters in Lower Manhattan: Provided further,
That the Federal share for any project funded from this amount
shall be 100 percent: Provided further, That these funds are in
addition to any other appropriation available for these purposes:
Provided further, That the entire amount is designated by the
H. R. 4775—65
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended.
GENERAL PROVISIONS—THIS CHAPTER
SEC. 1101. Notwithstanding any other provision of law, projects
and activities designated on pages 82 through 92 of House Report
107–308 shall be eligible for fiscal year 2002 funds made available
for the program for which each project or activity is so designated
and projects and activities on pages 116 and 117 shall be awarded
those grants upon receipt of an application.
SEC. 1102. Section 335 of Public Law 107–87 is amended by
inserting ‘‘and the Transportation Security Administration’’ after
‘‘the Federal Aviation Administration’’; by inserting ‘‘, aviation secu-
rity’’ after ‘‘air navigation’’, and by inserting ‘‘and the TSA for
necessary security checkpoints’’ after the word ‘‘facilities’’.
SEC. 1103. Title II of Division C of Public Law 105–277 is
amended by striking ‘‘of more than 750 gross registered tons’’ in
each place it appears, and inserting in lieu thereof, ‘‘of more than
750 gross registered tons (as measured under chapter 145 of title
46) or 1,900 gross registered tons as measured under chapter 143
of that title)’’.
SEC. 1104. Section 354 of Public Law 106–346 (114 Stat. 1356A–
35) is amended by inserting ‘‘or Nail Road’’ after ‘‘Star Landing
Road’’.
SEC. 1105. Notwithstanding any other provision of law,
$2,750,000 of amounts made available for ‘‘Intelligent Transpor-
tation Systems’’ in Public Law 107–87 and Public Law 106–346
shall be made available for activities authorized under section 5118
of Public Law 105–178.
CHAPTER 12
DEPARTMENT OF THE TREASURY
FEDERAL LAW ENFORCEMENT TRAINING CENTER
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Expenses’’ for
expenses of expanded law enforcement training workload resulting
from the September 11, 2001 terrorist attacks against the United
States, $15,870,000, to remain available until September 30, 2003:
Provided, That the entire amount is designated by the Congress
as an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985,
as amended: Provided further, That the entire amount shall be
available only to the extent that an official budget request, that
includes designation of the entire amount of the request as an
emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is transmitted
by the President to the Congress.
H. R. 4775—66
FINANCIAL MANAGEMENT SERVICE
SALARIES AND EXPENSES
(RESCISSION)
Of the unobligated balance as of June 30, 2002, of the funds
made available for ‘‘Financial Management Service, Salaries and
Expenses’’ in chapter 10 of title II of Public Law 107–20,
$14,000,000 are rescinded.
UNITED STATES CUSTOMS SERVICE
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Expenses’’,
$39,000,000, to remain available until expended: Provided, That
the entire amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended: Provided
further, That the entire amount shall be available only to the
extent an official budget request that includes designation of the
entire amount of the request as an emergency requirement as
defined in the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended, is transmitted by the President to the
Congress.
INTERNAL REVENUE SERVICE
INFORMATION SYSTEMS
(RESCISSION)
Of the available balances under this heading, $10,000,000 are
rescinded.
BUSINESS SYSTEMS MODERNIZATION
For an additional amount for ‘‘Internal Revenue Service, Busi-
ness Systems Modernization’’, $14,000,000, to remain available until
September 30, 2003. Such additional amount may not be obligated
until the Internal Revenue Service submits to the Committees
on Appropriations, and such Committees approve, a plan for the
expenditure of such additional amount that complies with the
requirements as specified in clauses (1) through (6) under such
heading in Public Law 107–67.
UNITED STATES SECRET SERVICE
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Expenses’’ for
expenses related to the September 11, 2001 terrorist attacks against
the United States, $28,530,000, to remain available until September
30, 2003: Provided, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended: Provided further, That the entire amount
shall be available only to the extent that an official budget request,
that includes designation of the entire amount of the request as
H. R. 4775—67
an emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is transmitted
by the President to the Congress.
POSTAL SERVICE
PAYMENT TO THE POSTAL SERVICE FUND
For an additional amount for ‘‘Payment to the Postal Service
Fund’’ for emergency expenses to enable the Postal Service to pro-
tect postal employees and postal customers from exposure to biohaz-
ardous material and to sanitize and screen the mail, $87,000,000,
to remain available until expended: Provided, That the entire
amount is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985, as amended.
EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS
APPROPRIATED TO THE PRESIDENT
OFFICE OF ADMINISTRATION
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Expenses’’,
$3,800,000, to remain available until expended: Provided, That
the entire amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended.
OFFICE OF MANAGEMENT AND BUDGET
SALARIES AND EXPENSES
(RESCISSION)
Of the funds made available under this heading in Public
Law 107–67, $100,000 are rescinded.
ELECTION ADMINISTRATION REFORM AND RELATED EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses for the implementation of an Act
authorizing funds for the improvement of election administration
and related expenses, $400,000,000, to remain available until
expended: Provided, That such amounts shall not be available for
obligation until the enactment of such Act: Provided further, That
upon enactment of such Act, the Director of the Office of Manage-
ment and Budget shall transfer such amounts to the Federal entities
authorized by such Act to expend funds for the designated purposes:
Provided further, That, within 15 days of such transfers, the
Director of the Office of Management and Budget shall notify Con-
gress of the amounts transferred to each authorized Federal entity:
Provided further, That the entities to which the amounts are trans-
ferred shall use the amounts to carry out the applicable provisions
of such Act: Provided further, That the transfer authority provided
in this paragraph shall be in addition to any other transfer authority
provided in this or any other Act: Provided further, That the entire
H. R. 4775—68
amount is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985, as amended: Provided further,
That the entire amount shall be available only to the extent that
an official budget request, that includes designation of the entire
amount of the request as an emergency requirement as defined
in the Balanced Budget and Emergency Deficit Control Act of
1985, as amended, is transmitted by the President to the Congress.
INDEPENDENT AGENCIES
FEDERAL ELECTION COMMISSION
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Expenses’’, $750,000
for unanticipated costs associated with implementing the Bipartisan
Campaign Reform Act.
GENERAL SERVICES ADMINISTRATION
REAL PROPERTY ACTIVITIES
FEDERAL BUILDINGS FUND
For an additional amount for ‘‘Federal Buildings Fund’’ for
building security emergency expenses resulting from the September
11, 2001, terrorist attacks on the United States, $21,800,000: Pro-
vided, That the entire amount is designated by the Congress as
an emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
GENERAL PROVISIONS—THIS CHAPTER
SEC. 1201. None of the funds appropriated in this or any
other Act may be used to transfer the functions, missions, or activi-
ties of the United States Customs Service to the Department of
Justice.
SEC. 1202. (a) The Federal Law Enforcement Training Center
may, for a period ending not later than 5 years after the date
of the enactment of this Act, appoint and maintain a cadre of
up to 250 Federal annuitants: (1) without regard to any provision
of title 5, United States Code, which might otherwise require the
application of competitive hiring procedures; and (2) who shall
not be subject to any reduction in pay (for annuity allocable to
the period of actual employment) under the provisions of section
8344 or 8468 of such title 5 or similar provision of any other
retirement system for employees. A reemployed Federal annuitant
as to whom a waiver of reduction under paragraph (2) applies
shall not, for any period during which such waiver is in effect,
be considered an employee for purposes of subchapter III of chapter
83 or chapter 84 of title 5, United States Code, or such other
retirement system (referred to in paragraph (2)) as may apply.
(b) No appointment under this section may be made which
would result in the displacement of any employee.
(c) For purposes of this section—
(1) the term ‘‘Federal annuitant’’ means an employee who
has retired under the Civil Service Retirement System, the
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Federal Employees’ Retirement System, or any other retirement
system for employees;
(2) the term ‘‘employee’’ has the meaning given such term
by section 2105 of such title 5; and
(3) the counting of Federal annuitants shall be done on
a full time equivalent basis.
SEC. 1203. Notwithstanding any other provision of law, here-
after, for purposes of section 201(a) of the Federal Property and
Administrative Services Act of 1949 (relating to Federal sources
of supply, including lodging providers, airlines and other transpor-
tation providers), the Eisenhower Exchange Fellowship Program
shall be deemed an executive agency for the purposes of carrying
out the provisions of 20 U.S.C. 5201, and the employees of and
participants in the Eisenhower Exchange Fellowship Program shall
be eligible to have access to such sources of supply on the same
basis as employees of an executive agency have such access.
CHAPTER 13
DEPARTMENT OF VETERANS AFFAIRS
VETERANS BENEFITS ADMINISTRATION
COMPENSATION AND PENSIONS
For an additional amount for ‘‘Compensation and pensions’’,
$1,100,000,000, to remain available until expended.
VETERANS HEALTH ADMINISTRATION
MEDICAL CARE
For an additional amount for ‘‘Medical care’’, $417,000,000,
to remain available until September 30, 2003: Provided, That the
funds provided herein be allocated using the VERA methodology:
Provided further, That for the purposes of enabling the collection
from third-party insurance carriers for non-service related medical
care of veterans, all Department of Veterans Affairs healthcare
facilities are hereby certified as Medicare and Medicaid providers
and the Centers for Medicare and Medicaid Services within the
Department of Health and Human Services shall issue each Depart-
ment of Veterans Affairs healthcare facility a provider number
as soon as practicable after the date of enactment of this Act:
Provided further, That nothing in the preceding proviso shall be
construed to enable the Department of Veterans Affairs to bill
Medicare or Medicaid for any medical services provided by the
Veterans Health Administration or to require the Centers for Medi-
care and Medicaid Services to pay for any medical services provided
by the Department of Veterans Affairs: Provided further, That
$275,000,000 is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended: Provided
further, That $275,000,000 shall be available only to the extent
that an official budget request, that includes designation of the
entire amount of the request as an emergency requirement as
defined in the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended, is transmitted by the President to the
Congress.
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
PUBLIC AND INDIAN HOUSING
HOUSING CERTIFICATE FUND
(RESCISSION)
Of the unobligated balances remaining from funds appropriated
to the Department of Housing and Urban Development under this
heading or the heading ‘‘Annual contributions for assisted housing’’
or any other heading for fiscal year 2002 and prior years,
$388,500,000 is hereby rescinded: Provided, That this rescission
shall apply first to such unobligated balances under this heading
or the heading ‘‘Annual contributions for assisted housing’’: Provided
further, That any unobligated balances governed by reallocation
provisions under the statute authorizing the program for which
the funds were originally appropriated may be available for this
rescission subject to the first proviso.
COMMUNITY PLANNING AND DEVELOPMENT
COMMUNITY DEVELOPMENT FUND
For an additional amount for the ‘‘Community development
fund’’ for emergency expenses to respond to the September 11,
2001, terrorist attacks on the United States, $783,000,000, to
remain available until expended: Provided, That the State of New
York, in cooperation with the City of New York, shall, through
the Lower Manhattan Development Corporation, distribute these
funds: Provided further, That such funds may be used for assistance
for properties and businesses (including the restoration of utility
infrastructure) damaged by, and for economic revitalization directly
related to, the terrorist attacks on the United States that occurred
on September 11, 2001, in New York City and for reimbursement
to the State and City of New York for expenditures incurred from
the regular Community Development Block Grant formula alloca-
tion used to achieve these same purposes: Provided further, That
the State of New York is authorized to provide such assistance
to the City of New York: Provided further, That in administering
these funds and funds under section 108 of title I of the Housing
and Community Development Act of 1974, as amended, used for
economic revitalization activities in New York City, the Secretary
may waive, or specify alternative requirements for, any provision
of any statute or regulation that the Secretary administers in
connection with the obligation by the Secretary or the use by
the recipient of these funds or guarantees (except for requirements
related to fair housing, nondiscrimination, labor standards, and
the environment), upon a finding that such waiver is required
to facilitate the use of such funds or guarantees: Provided further,
That such funds shall not adversely affect the amount of any
formula assistance received by the State of New York, New York
City, or any categorical application for other Federal assistance:
Provided further, That the Secretary shall publish in the Federal
Register any waiver of any statute or regulation that the Secretary
administers pursuant to title I of the Housing and Community
Development Act of 1974, as amended, no later than 5 days before
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the effective date of such waiver: Provided further, That the Sec-
retary shall notify the Committees on Appropriations on the pro-
posed allocation of any funds and any related waivers pursuant
to this section no later than 5 days before such allocation: Provided
further, That the entire amount is designated by the Congress
as an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985,
as amended.
The referenced statement of the managers under the heading
‘‘Community development block grants’’ in title II of Public Law
105–276 is deemed to be amended by striking ‘‘$250,000 for renova-
tion, accessibility, and asbestos remediation for the Wellstone
Neighborhood Center, Wellstone, Missouri’’ and insert in lieu
thereof ‘‘$250,000 for the St. Louis Economic Council for design,
infrastructure and construction related to the Enterprise Center-
Wellstone in Wellstone, Missouri’’.
The referenced statement of the managers under the heading
‘‘Community development fund’’ in title II of Public Law 106–
377 is deemed to be amended by striking ‘‘$2,000,000 is for the
Louisville Community Development Bank for the Louisville
Neighborhood Initiative’’ and inserting ‘‘$2,000,000 for neighborhood
revitalization activities in Louisville, Kentucky, as follows: $170,000
to the Christian Church Homes of Kentucky for facility upgrades
at Chapel House, $500,000 to the Louisville Medical Center
Development Corporation for expansion of a research park, $400,000
to the Louisville Science Center for construction of a permanent
exhibition, $150,000 to the New Zion Community Development
Foundation for renovation of a facility, $400,000 to the Presbyterian
Community Center for construction of a facility, $180,000 to the
St. Stephen Family Life Center for renovation of a facility, and
$200,000 to the United Crescent Hill Ministries for renovation
of a facility’’.
The referenced statement of the managers under the heading
‘‘Community development fund’’ in title II of Public Law 106–
377 is deemed to be amended by striking ‘‘$1,000,000 for the
Community Action Agency of Southern New Mexico, Inc. for
construction of a regional food bank and supporting offices’’ and
insert in lieu thereof ‘‘$1,000,000 for the Community Action Agency
of Southern New Mexico for construction, purchase, or renovation
and the equipping of a regional food bank and supporting offices’’.
The referenced statement of the managers under the heading
‘‘Community development fund’’ in title II of Public Law 107–
73 is deemed to be amended by striking ‘‘$400,000 to the City
of Reading, Pennsylvania for the development of the Morgantown
Road Industrial Park on what is currently a brownfields site’’ and
insert in lieu thereof ‘‘$400,000 for the City of Reading, Pennsyl-
vania for the development of the American Chain and Cable
brownfield site’’.
The referenced statement of the managers under the heading
‘‘Community development fund’’ in title II of Public Law 107–
73 is deemed to be amended by striking ‘‘$750,000 for the Smart
Start Child Care Center and Expertise School of Las Vegas, Nevada
for construction of a child care facility’’ and insert in lieu thereof
‘‘$250,000 for the Smart Start Child Care Center of Las Vegas,
Nevada for construction of a child care facility and $500,000 for
Expertise, Inc. of Las Vegas, Nevada for job training’’.