In the Senate of the United States,
June 7 (legislative day, June 6), 2002.
Resolved, That the bill from the House of Representa-
tives (H.R. 4775) entitled ‘‘An Act making supplemental ap-
propriations for further recovery from and response to ter-
rorist attacks on the United States for the fiscal year ending
September 30, 2002, and for other purposes.’’, do pass with
the following
AMENDMENT:
Strike out all after the enacting clause and insert:
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 pur-
poses, namely:
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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 Sec-
retary’’, $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 Agricultural 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 sec-
tion 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
AGRICULTURAL RESEARCH SERVICE
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Ex-
penses’’, $16,000,000, 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 Emer-
gency Deficit Control Act of 1985, as amended.
BUILDINGS AND FACILITIES
For an additional amount for ‘‘Buildings and Facili-
ties’’, $50,000,000, to remain available until expended.
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COOPERATIVE STATE RESEARCH, EDUCATION, AND
EXTENSION SERVICE
EXTENSION ACTIVITIES
For an additional amount for ‘‘Extension Activities’’,
$16,000,000, to remain available until September 30, 2003:
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 Def-
icit Control Act of 1985, as amended.
ANIMAL AND PLANT HEALTH INSPECTION SERVICE
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Ex-
penses’’, $60,000,000, 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 Emer-
gency Deficit Control Act of 1985, as amended.
FOOD SAFETY AND INSPECTION SERVICE
For an additional amount for ‘‘Food Safety and In-
spection Service’’, $15,000,000, 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.
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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,
$100,000,000, to remain available until expended: Pro-
vided, That of this amount, $27,000,000 is designated by
the Congress as an emergency requirement pursuant to sec-
tion 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
RURAL COMMUNITY ADVANCEMENT PROGRAM
For an additional amount for ‘‘Rural Community Ad-
vancement Program’’ for emergency purposes for grants
and loans as authorized by 7 U.S.C. 381E(d)(2),
306(a)(14), and 306C, $25,000,000, 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 emer-
gency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of
1985, as amended.
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
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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’’, $20,000,000, 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 in this
Act and any amounts available for reallocation in fiscal
year 2002, the Secretary shall reallocate funds under section
17(g)(2) of the Child Nutrition Act of 1966, as amended,
in the manner and under the formula the Secretary deems
necessary to respond to the effects of unemployment and
other conditions caused by the recession.
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, $33,000,000 are rescinded and returned
to the Treasury.
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GENERAL PROVISION, THIS CHAPTER
SEC. 101. ASSISTANCE
TO
AGRICULTURAL
PRO-
DUCERS THAT HAVE USED WATER FOR IRRIGATION FROM
RIO GRANDE RIVER. (a) IN GENERAL.—The Secretary of
Agriculture shall use $10,000,000 of the funds of the Com-
modity 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 River that 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.
(c) EMERGENCY REQUIREMENT.—
(1) IN GENERAL.—The entire amount necessary
to carry out this section shall be available only to the
extent that an official budget request for the entire
amount, that includes designation of the entire
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amount of the request as an emergency requirement
under the Balanced Budget and Emergency Deficit
Control Act of 1985 (2 U.S.C. 900 et seq.), is trans-
mitted by the President to Congress.
(2) DESIGNATION.—The entire amount necessary
to carry out this section is designated by Congress as
an emergency requirement pursuant to section
251(b)(2)(A) of that Act (2 U.S.C. 901(b)(2)(A)).
SEC. 102. Not later than 14 days after the date of en-
actment 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. 103. SENSE OF THE SENATE ON COMPENSATION
TO PRODUCERS OF POULTRY AFFECTED BY AVIAN INFLU-
ENZA. It is the Sense of the Senate that the Secretary of
Agriculture act expeditiously to provide compensation
through the Commodity Credit Corporation to producers of
poultry that have been affected by outbreaks of avian influ-
enza in Virginia, West Virginia, and other States which
have resulted in the destruction of poultry flocks in order
to contain this disease.
SEC. 104. (a) FINDINGS.—(1) Of the 40 million people
living with HIV/AIDS, nearly 2.7 million are children
under 15, and 11.8 million are young people aged 15–24,
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more than 540,000 children were infected in mother-to-child
transmission in 2000, and a baby born to an HIV-positive
mother has a 25 to 35 percent chance of becoming infected.
(2) Targeted provision of dairy products for HIV/
AIDS mitigation provides an economical and efficient
means to strengthen nutrition, ward off infectious diseases
and extend the lives of HIV-positive individuals.
(3) Good nutrition including dairy products is critical
to programs that provide and enhance anti-retroviral drugs
to prevent mother-to-child transmission of HIV/AIDS, and
nutrition experts recommend the use of dairy products with
anti-retroviral drugs to combat mother-to-child trans-
mission.
(4) In the diets of young children, growing adolescents
and pregnant women, milk has been proven to provide a
concentration of critical nutritional elements that promote
growth and robust health, and the National Institutes of
Health (NIH) recommends that dairy products be used to
boost the nutrition of HIV-positive young children.
(5) It is imperative that attempts to improve the avail-
ability of dairy products to the HIV/AIDS afflicted do not
undermine the security and stability of the indigenous
dairy production and processing sector.
(6) The United States has more than 1 billion pounds
(450,000 metric tons) of surplus non-fat dry milk in storage
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that has been acquired at an average cost of over 90 cents
per pound for a total cost approaching $1,000,000,000, and
storage costs are $1,500,000 per month and growing.
(7) This huge amount of milk overhangs the United
States and world markets and deteriorates rapidly, going
out of condition in about 3 years when it must be sold for
a salvage value of only a few cents per pound.
(8) The impacts of breast-feeding on mother-to-child
transmission remain controversial and appropriate inter-
ventions are not yet scientifically proven, especially in low-
income communities where appropriate alternatives are not
available and may be unsafe.
(9) There is a need for non-fat dry milk in inter-
national relief to use in human feeding programs that tar-
get the most vulnerable in society, particularly those af-
fected by HIV/AIDS.
(b) SENSE OF THE SENATE.—It is the sense of the Sen-
ate that the Secretary of Agriculture should—
(1) utilize the existing 416(b) authority of the
Agricultural Act of 1949 to dispose of dairy surpluses
for direct feeding programs to mothers and children
living with HIV/AIDS and communities heavily im-
pacted by the HIV/AIDS pandemic;
(2) make available funds for the provision of
100,000 metric tons of surplus non-fat dry milk to
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combat HIV/AIDS, with a special focus on HIV-posi-
tive mothers and children, to include ocean and in-
land transportation, accounting, monitoring and
evaluation expenses incurred by the Secretary of Agri-
culture, and expenses incurred by private and vol-
untary organizations and cooperatives related to mar-
ket assessments, project design, fortification, distribu-
tion, and other project expenses;
(3) give careful consideration to the local market
conditions before dairy products are donated or mone-
tized into a local economy, so as not to undermine the
security and stability of the indigenous dairy produc-
tion and processing sector; and
(4) Use none of these funds or commodities in
any programs that would substitute dairy products
for breast-feeding.
SEC. 105. (a) RESCISSION.—The unobligated balance
of authority available under section 2108(a) of Public Law
107–20 is rescinded as of the date of the enactment of this
Act.
(b) APPROPRIATION.—There is appropriated to the
Secretary of Agriculture an amount equal to the unobli-
gated balance rescinded by subsection (a) for expenses
through fiscal year 2003 under the Agricultural Trade De-
velopment and Assistance Act of 1954, as amended (7
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U.S.C. 1721–1726a) for commodities supplied in connection
with dispositions abroad pursuant to title II of said Act.
SEC. 106. 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 ‘‘subsection.’’ and inserting in lieu thereof the fol-
lowing: ‘‘subsection, or to otherwise carry out the purposes
of this subsection.’’.
SEC. 107. Notwithstanding any other provision of law
and effective on the date of enactment of this Act, the Sec-
retary may use an amount not to exceed $12,000,000 from
the amounts appropriated under the heading Food Safety
and Inspection Service under the Agriculture, Rural Devel-
opment, Food and Drug Administration, and Related Agen-
cies Appropriations Act of 2001 (Public Law 106–387) to
liquidate over-obligations and over-expenditures of the Food
Safety and Inspection Service incurred during previous fis-
cal years, approved by the Director of the Office of Manage-
ment and Budget based on documentation provided by the
Secretary of Agriculture.
CHAPTER 2
DEPARTMENT OF JUSTICE
GENERAL ADMINISTRATION
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Ex-
penses’’ to respond to the September 11, 2001, terrorist at-
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tacks on the United States, $12,750,000, to remain avail-
able until expended: Provided, That $10,750,000 is for the
planning, development, and deployment of an integrated
fingerprint identification system, including automated ca-
pability to transmit fingerprint and image data for the de-
sign, and for the development, testing, and deployment of
a standards-based, integrated, interoperable computer sys-
tem for the Immigration and Naturalization Service (‘‘Chi-
mera system’’), to be managed by Justice Management Di-
vision, as authorized by section 202 of H.R. 3525: Provided
further, That $2,000,000 is for the Principal Associate Dep-
uty Attorney General for Combating Terrorism: Provided
further, That $10,750,000 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.
In addition, for the Office of Domestic Preparedness
to respond to the September 11, 2001, terrorist attacks on
the United States, $173,800,000, to remain available until
expended, for grants, cooperative agreements, and other as-
sistance authorized by sections 819 and 821 of the
Antiterrorism and Effective Death Penalty Act of 1996 and
sections 1014, 1015, and 1016 of the USA PATRIOT ACT
(Public Law 107–56), and for other counterterrorism pro-
grams: Provided, That no funds under this heading shall
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be used to duplicate the Federal Emergency Management
Agency Fire Grant program: Provided further, That the en-
tire amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985,
as amended.
LEGAL ACTIVITIES
SALARIES AND EXPENSES, UNITED STATES ATTORNEYS
For an additional amount for ‘‘Salaries and Ex-
penses’’ for courtroom technology, $5,200,000: 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.
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
(RESCISSION)
Of the amounts made available under this heading for
the Training Academy, $2,100,000 are rescinded.
ANTI-TERRORISM TASK FORCES
For expenses necessary for Anti-Terrorism Task
Forces, including salaries and expenses, operations, equip-
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ment, and facilities, $45,000,000, to be derived from the
amounts made available for this purpose in Public Law
107–77 and Public Law 107–117.
JOINT TERRORISM TASK FORCES
For expenses necessary for Joint Terrorism Task
Forces, including salaries and expenses, operations, equip-
ment, and facilities, $113,235,000, to be derived from the
amounts made available for this purpose in Public Law
107–77 and Public Law 107–117.
FOREIGN TERRORIST TRACKING TASK FORCES
For expenses necessary for Foreign Terrorist Tracking
Task Forces, including salaries and expenses, operations,
equipment, and facilities, $10,000,000, to be derived from
the amounts made available for this purpose in Public Law
107–77 and Public Law 107–117.
FEDERAL BUREAU OF INVESTIGATION
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Ex-
penses’’ for emergency expenses resulting from the Sep-
tember 11, 2001, terrorist attacks, $75,500,000, of which
$50,500,000 is for a cyber-security initiative: 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.
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IMMIGRATION AND NATURALIZATION SERVICE
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Ex-
penses’’ for fleet management, $35,000,000: 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.
CONSTRUCTION
For an additional amount for ‘‘Construction’’ for
emergency expenses resulting from the September 11, 2001,
terrorist attacks, $84,000,000: Provided, That the entire
amount is designated by the Congress as an emergency re-
quirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as
amended.
FEDERAL PRISON SYSTEM
BUILDINGS AND FACILITIES
(RESCISSION)
Of the amounts made available under this heading in
Public Law 107–77 for buildings and facilities, $30,000,000
are rescinded.
OFFICE OF JUSTICE PROGRAMS
ELECTION REFORM GRANT PROGRAM
For an amount to establish the Election Reform Grant
Program, to provide assistance to States and localities in
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improving election technology and the administration of
federal elections, $450,000,000, to remain available until
expended: Provided, That such amount shall not be avail-
able for obligation until the enactment of legislation that
establishes programs for improving the administration of
elections.
JUSTICE ASSISTANCE
(RESCISSION)
Of the amounts made available under this heading for
the Office of the Assistant Attorney General for Office of
Justice Programs, $2,000,000 are rescinded, and for the Of-
fice of Congressional and Public Affairs, $2,000,000 are re-
scinded.
COMMUNITY ORIENTED POLICING SERVICES
For an amount to establish the Community Oriented
Policing Services’ Interoperable Communications Tech-
nology Program, for emergency expenses for activities re-
lated to combating terrorism by providing grants to States
and localities to improve communications within, and
among, law enforcement agencies, $85,000,000, 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.
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DEPARTMENT OF COMMERCE AND RELATED
AGENCIES
DEPARTMENT OF COMMERCE
INTERNATIONAL TRADE ADMINISTRATION
OPERATIONS AND ADMINISTRATION
For an additional amount for ‘‘Operations and Ad-
ministration’’ for emergency expenses resulting from new
homeland security activities, $1,725,000: 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.
EXPORT ADMINISTRATION
OPERATIONS AND ADMINISTRATION
For an additional amount for ‘‘Operations and Ad-
ministration’’ for emergency expenses resulting from new
homeland security activities, $8,700,000: Provided, That, of
the funds appropriated under this heading, such sums as
are necessary may be transferred to, and merged with, any
appropriations account to develop and implement secure
connectivity between Federal agencies and the Executive Of-
fice of the President: Provided further, That the entire
amount is designated by the Congress as an emergency re-
quirement pursuant to section 251(b)(2)(A) of the Balanced
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Budget and Emergency Deficit Control Act of 1985, as
amended.
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, $20,900,000 are rescinded.
NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY
SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES
For an additional amount for ‘‘Scientific and Tech-
nical Research and Services’’ for emergency expenses result-
ing from new homeland security activities and increased
security requirements, $84,600,000, of which $40,000,000 is
for a cyber-security initiative: Provided, That the entire
amount is designated by the Congress as an emergency re-
quirement 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 amount appro-
priated under this heading, $500,000 shall be for the Center
for Identification Technology Research at the West Virginia
University for the purpose of developing interoperability
standards and an application profile for technology neu-
tral, portable, and data independent biometrics, in accord-
ance with section 403(c)(2) of The USA PATRIOT Act
(Public 
Law 
107–56) 
and 
sections 
201(c)(5) 
and
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202(a)(4)(B) and title III of the Enhanced Border Security
and Visa Reform Act (Public Law 107–173), and the
amendments made by those provisions.
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
OPERATIONS, RESEARCH, AND FACILITIES
For an additional amount for ‘‘Operations, Research,
and Facilities’’ for emergency expenses resulting from home-
land security activities, $29,200,000, of which $23,400,000
is to address critical mapping and charting backlog re-
quirements, $3,000,000 is to enhance the National Water
Level Observation Network 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 Bal-
anced Budget and Emergency Deficit Control Act of 1985,
as amended.
PROCUREMENT, ACQUISITION AND CONSTRUCTION
(INCLUDING RESCISSION)
For an additional amount for ‘‘Procurement, Acquisi-
tion and Construction’’ for emergency expenses resulting
from homeland security activities, $7,200,000 for a super-
computer backup, to remain available until September 30,
2003: Provided, That the entire amount is designated by
the Congress as an emergency requirement pursuant to sec-
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tion 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
Of the amounts made available under this heading for
the National Polar-Orbiting Operational Environmental
Satellite System, $8,100,000 are rescinded.
FISHERIES FINANCE PROGRAM ACCOUNT
Funds provided under the heading, ‘‘Fisheries Finance
Program Account’’, National Oceanic and Atmospheric Ad-
ministration, Department of Commerce, 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 Ex-
penses’’ for emergency expenses resulting from new home-
land security activities, $400,000: Provided, That the entire
amount is designated by the Congress as an emergency re-
quirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as
amended.
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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 
renovations 
of 
the 
Supreme 
Court 
building,
$10,000,000: Provided, That the entire amount is des-
ignated by the Congress as an emergency requirement pur-
suant 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 Ex-
penses’’ for emergency expenses to enhance security and to
provide for extraordinary trial related costs, $9,684,000, to
remain available until expended: Provided, That the entire
amount is designated by the Congress as an emergency re-
quirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as
amended.
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DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
ADMINISTRATION OF FOREIGN AFFAIRS
DIPLOMATIC AND CONSULAR PROGRAMS
For an additional amount for ‘‘Diplomatic and Con-
sular Programs,’’ for emergency expenses for activities re-
lated to combating international terrorism, $38,300,000, of
which $20,300,000 shall remain available until September
30, 2003: Provided, That funds appropriated by this para-
graph shall be available notwithstanding section 15 of the
State Department Basic Authorities Act of 1956, as amend-
ed: 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.
EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS
For an additional amount for ‘‘Educational and Cul-
tural Exchange Programs’’, for emergency expenses for ac-
tivities related to combating international terrorism,
$9,000,000: Provided, That funds appropriated by this
paragraph shall be available notwithstanding section 15 of
the State Department Basic Authorities Act of 1956, as
amended: Provided further, That the entire amount is des-
ignated by the Congress as an emergency requirement pur-
suant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
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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 available until expended: Pro-
vided, That $210,516,000 shall be available notwith-
standing section 15 of the State Department Basic Authori-
ties Act of 1956, as amended: Provided further, 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.
INTERNATIONAL ORGANIZATIONS AND CONFERENCES
CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS
For an additional amount for ‘‘Contributions to Inter-
national Organizations’’, for emergency expenses for activi-
ties 
related 
to 
combating 
international 
terrorism,
$7,000,000, to remain available until September 30, 2003:
Provided, That funds appropriated by this paragraph shall
be available notwithstanding section 15 of the State Depart-
ment Basic Authorities Act of 1956, as amended: Provided
further, 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 Def-
icit Control Act of 1985, as amended.
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CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING
ACTIVITIES
(RESCISSION)
Of the amounts made available under this heading,
$48,000,000 are rescinded from prior year appropriations.
RELATED AGENCY
BROADCASTING BOARD OF GOVERNORS
INTERNATIONAL BROADCASTING OPERATIONS
For an additional amount for ‘‘International Broad-
casting Operations’’, for emergency expenses for activities
related to combating international terrorism, $7,400,000, to
remain available until September 30, 2003: Provided, That
funds appropriated by this paragraph shall be available
notwithstanding section 15 of the State Department Basic
Authorities Act of 1956, as amended: Provided further, 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.
RELATED AGENCIES
SECURITIES AND EXCHANGE COMMISSION
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Ex-
penses’’ to respond to the September 11, 2001, terrorist at-
tacks on the United States and for other purposes,
$29,300,000, to remain available until expended: Provided,
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That $9,300,000 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.
GENERAL PROVISIONS, THIS CHAPTER
SEC. 201. 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 strik-
ing ‘‘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. 202. 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 Memo-
randum of Agreement signed by the Federal Trade Commis-
sion and the Antitrust Division of the Department of Jus-
tice on March 5, 2002.
SEC. 203. (a) Section 504 of title 28, United States
Code, is amended by inserting after ‘‘General’’ the fol-
lowing: ‘‘and a Principal Associate Deputy Attorney Gen-
eral for Combating Terrorism’’.
(b) The Section heading for section 504 of title 28,
United States Code, is amended by inserting after ‘‘Gen-
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eral’’ the following: ‘‘and Principal Associate Deputy Attor-
ney General for Combating Terrorism’’.
(c) The Principal Associate Deputy Attorney General
for Combating Terrorism (appointed under section 504 of
title 28, United States Code, as amended by subsection (a))
shall—
(1) serve as the principal adviser to the Attorney
General and the Deputy Attorney General for com-
bating terrorism, counterterrorism, and antiterrorism
policy;
(2) have responsibility for coordinating all func-
tions within the Department of Justice relating to
combating domestic terrorism, subject to paragraph
(5), including—
(A) policies, plans, and oversight, as they
relate to combating terrorism, counterterrorism,
and antiterrorism activities;
(B) State and local preparedness for ter-
rorist events;
(C) contingency operations within the De-
partment of Justice; and
(D) critical infrastructure;
(3) coordinate—
(A) all inter-agency interface between the
Department of Justice and other departments,
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agencies, and entities of the United States, in-
cluding State and local organizations, engaged
in combating terrorism, counterterrorism, and
antiterrorism activities; and
(B) the implementation of the Department
of Justice’s strategy for combating terrorism by
State and local law enforcement with respon-
sibilities for combating domestic terrorism;
(4) recommend changes in the organization and
management of the Department of Justice and State
and local entities engaged in combating domestic ter-
rorism to the Attorney General and Deputy Attorney
General; and
(5) serve in an advisory capacity to the Attorney
General and Deputy Attorney General on matters
pertaining to the allocation of resources for combating
terrorism.
(d) The allocation of resources for combating terrorism
shall remain under the purview of the current Deputy At-
torney General. Any changes in the allocation of resources
will continue to be approved by the current Deputy Attor-
ney General using the current procedures of the Department
of Justice.
(e) Effective upon enactment of this Act, there is trans-
ferred to the Principal Associate Deputy Attorney General
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for Combating Terrorism all authorities, liabilities, fund-
ing, personnel, equipment, and real property employed or
used by, or associated with, the Office of Domestic Pre-
paredness, the National Domestic Preparedness Office, the
Executive Office of National Security, and such appro-
priate components of the Office of Intelligence Policy and
Review and the National Institute of Justice as relate to
combating terrorism, counterterrorism, and antiterrorism
activities.
SEC. 204. Public Law 106–256 is amended in section
3(f)(1) by striking ‘‘18’’ and inserting ‘‘29’’.
SEC. 205. The American Section, International Joint
Commission, United States and Canada, is authorized to
receive funds from the United States Army Corps of Engi-
neers for the purposes of conducting investigations, under-
taking 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. 206. 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 chap-
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ter 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 registered
in the United States; and’’.
SEC. 207. Of the amounts appropriated in Public Law
107–77, under the heading ‘‘Department of Commerce, Na-
tional Oceanic and Atmospheric Administration, Oper-
ations, Research, and Facilities’’, for coral reef programs,
$2,500,000, for a cooperative agreement 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.
SEC. 208. In addition to amounts appropriated or oth-
erwise made available by this Act or any other Act,
$11,000,000 is appropriated to enable the Secretary of Com-
merce to provide economic assistance to fishermen and fish-
ing communities affected by Federal closures and fishing
restrictions in the New England groundfish fishery, to re-
main available until September 30, 2003.
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SEC. 209. In addition to amounts appropriated or oth-
erwise made available by this Act or any other Act,
$5,000,000 shall be provided to enable the Secretary of Com-
merce to provide for direct economic assistance to fishermen
and fishing communities, affected by Federal Court ordered
management measures in the Northeast multispecies fish-
ery, to remain available until September 30, 2003: Pro-
vided, That these amounts shall be used to support port se-
curity and related coastal activities administered by the
National Oceanic and Atmospheric Administration, the
Coast Guard, or an affected state.
SEC. 210. Of the amounts appropriated in Public Law
107–77, under the heading ‘‘Department of Commerce, Na-
tional Oceanic and Atmospheric Administration, Oper-
ations, Research, and Facilities’’, for Oregon groundfish co-
operative research, $500,000 shall be for the cost of a reduc-
tion loan of $50,000,000 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 sec-
tion 312(b) of the Magnuson-Stevens Fishery Conservation
and Management Act (16 U.S.C. 1861a(b)).
SEC. 211. (a) Subject to subsection (b), the Attorney
General shall, out of appropriations available to the De-
partment of Justice made in Public Law 107–77, transfer
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to, and merge with, the appropriations account for the Im-
migration and Naturalization Service entitled ‘‘Salaries
and Expenses’’ the following amounts for the following pur-
poses:
(1) $4,900,000 to cover an increase in pay for all
Border Patrol agents who have completed at least one
year’s service and are receiving an annual rate of
basic pay for positions at GS–9 of the General Sched-
ule under section 5332 of title 5, United States Code,
from the annual rate of basic pay payable for posi-
tions at GS–9 of the General Schedule under such sec-
tion 5332, to an annual rate of basic pay payable for
positions at GS–11 of the General Schedule under
such section 5332; and
(2) $3,800,000 to cover an increase in pay for all
immigration inspectors who have completed at least
one year’s service and are receiving an annual rate
of basic pay for positions at GS–9 of the General
Schedule under section 5332 of title 5, United States
Code, from the annual rate of basic pay payable for
positions at GS–9 of the General Schedule under such
section 5332, to an annual rate of basic pay payable
for positions at GS–11 of the General Schedule under
such section 5332.
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(b) Funds transferred under subsection (a) shall be
available for obligation and expenditure only in accordance
with the procedures applicable to reprogramming notifica-
tions set forth in section 605 of the Departments of Com-
merce, Justice, and State, the Judiciary, and Related Agen-
cies Appropriations Act, 2002 (Public Law 107–77; 115
Stat. 798).
(c) Not later than September 30, 2002, the Justice
Management Division of the Department of Justice shall
submit a report to the Committees on Appropriations of the
Senate and the House of Representatives describing the
progress made in the development of the Chimera system.
(d) No funds available to the Immigration and Natu-
ralization Service for technology activities in the fiscal year
2003 may be obligated or expended unless the program
manager of the Chimera system approves the obligation or
expenditure of those funds and so reports to the Attorney
General.
SEC. 212. Amounts appropriated by title V of Public
Law 107–77 under the heading ‘‘NATIONAL VETERANS
BUSINESS DEVELOPMENT CORPORATION’’ (115 Stat. 795)
shall remain available until expended.
SEC. 213. Of the funds made available under the head-
ing ‘‘Courts of Appeals, District Courts, and Other Judicial
Services, Salaries, and Expenses’’ in title III of Public Law
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107–77, $37,900,000 shall be transferred to, and merged
with, funds available for ‘‘Salaries and Expenses, United
States Marshals Service’’ in title I of Public Law 107–77,
to be available until expended only for hiring 200 addi-
tional Deputy United States Marshals and associated sup-
port staff for protection of the judicial process in response
to the terrorist attacks of September 11, 2001 to be deployed
to the Federal districts with critical courtroom and prisoner
security needs.
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
DEFENSE EMERGENCY RESPONSE FUND
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for the ‘‘Defense Emergency
Response Fund’’, $11,300,000,000, of which $77,900,000
shall be available for enhancements to North American Air
Defense Command capabilities: Provided, That the entire
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amount is designated by the Congress as an emergency re-
quirement 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 Defense
may transfer the funds provided herein only to appropria-
tions for military personnel; operation and maintenance;
procurement; research, development, test and evaluation;
military construction; the Defense Health Program; and
working capital funds: Provided further, That the funds
transferred shall be merged with and shall be available for
the same purposes and for the same time period as the ap-
propriation to which transferred: Provided further, That the
transfer authority provided in this paragraph is in addi-
tion to any other transfer authority available to the Depart-
ment of Defense: Provided further, That upon a determina-
tion that all or part of the funds transferred from this ap-
propriation are not necessary for the purposes provided
herein, such amounts may be transferred back to this appro-
priation.
OPERATION AND MAINTENANCE, ARMY
For an additional amount for ‘‘Operation and Mainte-
nance, Army’’, $107,000,000: Provided, That the entire
amount is designated by the Congress as an emergency re-
quirement pursuant to section 251(b)(2)(A) of the Balanced
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Budget and Emergency Deficit Control Act of 1985, as
amended.
OPERATION AND MAINTENANCE, NAVY
For an additional amount for ‘‘Operation and Mainte-
nance, Navy’’, $36,500,000: Provided, That the entire
amount is designated by the Congress as an emergency re-
quirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as
amended.
OPERATION AND MAINTENANCE, AIR FORCE
For an additional amount for ‘‘Operation and Mainte-
nance, Air Force’’, $41,000,000: Provided, That the entire
amount is designated by the Congress as an emergency re-
quirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as
amended.
OPERATION AND MAINTENANCE, DEFENSE-WIDE
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ‘‘Operation and Mainte-
nance, Defense-wide’’, $739,000,000, of which $420,000,000
may be used for payments to Pakistan, Jordan, the Phil-
ippines, and other key cooperating nations for logistical
and military support provided to United States military
operations in connection with United States efforts to pre-
vent or respond to acts of international terrorism: Provided,
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That such amount shall be transferred to, and merged with,
funds appropriated in Public Law 107–115 under the head-
ing ‘‘Foreign Military Financing Program’’ within 30 days
of enactment: Provided further, That such payments may
be made in such amounts as the Secretary of State deter-
mines, after consultation with the Secretary of Defense and
the Director of the Office of Management and Budget: Pro-
vided further, That such determination shall be final and
conclusive upon the accounting officers of the United States:
Provided further, That of the funds appropriated by this
paragraph, not less than $50,000,000 shall be made avail-
able for the Philippines: 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: Provided further, That funds made
available by this paragraph shall be subject to the regular
notification procedures of the Committees on Appropria-
tions.
PROCUREMENT
OTHER PROCUREMENT, ARMY
For an additional amount for ‘‘Other Procurement,
Army’’, $79,200,000: Provided, That the entire amount is
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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: 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 Am-
munition, Navy and Marine Corps’’, $262,000,000: 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 Def-
icit Control Act of 1985, as amended.
OTHER PROCUREMENT, NAVY
For an additional amount for ‘‘Other Procurement,
Navy’’, $2,500,000: 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.
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PROCUREMENT, MARINE CORPS
For an additional amount for ‘‘Procurement, Marine
Corps’’, $3,500,000: 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.
AIRCRAFT PROCUREMENT, AIR FORCE
For an additional amount for ‘‘Aircraft Procurement,
Air Force’’, $93,000,000: 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.
PROCUREMENT OF AMMUNITION, AIR FORCE
For an additional amount for ‘‘Procurement of Am-
munition, Air Force’’, $115,000,000: Provided, That the en-
tire amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985,
as amended.
OTHER PROCUREMENT, AIR FORCE
For an additional amount for ‘‘Other Procurement,
Air Force’’, $752,300,000: 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.
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PROCUREMENT, DEFENSE-WIDE
For an additional amount for ‘‘Procurement, Defense-
wide’’, $99,500,000: 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.
RESEARCH, DEVELOPMENT, TEST AND
EVALUATION
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY
For an additional amount for ‘‘Research, Develop-
ment, Test and Evaluation, Army’’, $8,200,000: 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.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY
For an additional amount for ‘‘Research, Develop-
ment, Test and Evaluation, Navy’’, $19,000,000: 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.
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RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR
FORCE
For an additional amount for ‘‘Research, Develop-
ment, Test and Evaluation, Air Force’’, $60,800,000: 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 Def-
icit Control Act of 1985, as amended.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION,
DEFENSE-WIDE
For an additional amount for ‘‘Research, Develop-
ment, Test and Evaluation, Defense-wide’’, $74,700,000:
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 Def-
icit 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 (Pub-
lic Law 107–117) is amended by adding the following pro-
viso 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 require-
ments of the Special Operations Forces’’.
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(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. (a) AVAILABILITY OF AMOUNTS FOR MILI-
TARY 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 determines are necessary to respond
to or protect against acts or threatened acts of terrorism.
(b) NOTICE TO CONGRESS.—Not later than 15 days
before obligating amounts available under subsection (a) for
military construction projects referred to in that subsection,
the Secretary shall notify the appropriate committees of
Congress of the following:
(1) the determination to use such amounts for
the project; and
(2) the estimated cost of the project and the ac-
companying Form 1391.
(c) APPROPRIATE COMMITTEES
OF CONGRESS DE-
FINED.—In this section the term ‘‘appropriate committees
of Congress’’ has the meaning given that term in section
2801(4) of title 10, United States Code.
SEC. 303. Section 8052(b) of the Department of De-
fense Appropriations Act, 2002 (Public Law 107–117) is
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amended by striking out ‘‘will reduce the personnel require-
ments or financial requirements of the department’’, and
inserting the following in lieu thereof, ‘‘either (1) will re-
duce the personnel requirements or the financial require-
ments of the department, or (2) is necessary in response
to an emergency, including responding to direct threats or
incidents of terrorism’’.
SEC. 304. Funds appropriated by this Act, or made
available by the transfer of funds in this Act, for intelligence
activities are deemed to be specifically authorized by the
Congress for purposes of section 504 of the National Secu-
rity Act of 1947 (50 U.S.C. 414): Provided, That any funds
appropriated or transferred to the Central Intelligence
Agency for agent operations or covert action programs au-
thorized by the President under section 503 of the National
Security Act of 1947, as amended, shall remain available
until September 30, 2003.
SEC. 305. (a) Funds appropriated to the Department
of Defense for fiscal year 2002 for operation and mainte-
nance under the heading ‘‘Chemical Agents and Munitions
Destruction, Army’’, may be used to pay for additional
costs of international inspectors from the Technical Secre-
tariat 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 De-
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partment of Defense sites and commercial sites that perform
services under contract to the Department of Defense, result-
ing from the Department of Defense’s program to accelerate
its chemical demilitarization schedule.
(b) Expenses which may be paid under subsection (a)
include—
(1) salary costs for performance of inspection
and monitoring 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. 306. During the current fiscal year, the restric-
tions contained 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 re-
strictions is important to the national security interests of
the United States.
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SEC. 307. 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 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 manu-
facturing capability for munitions precursor supplies for
the High Zone Modular Artillery Charge System and to
preserve competition in that manufacturing capability.
SEC. 308. Not later than 15 days after the date of the
enactment of this Act, the Secretary of Defense shall obli-
gate, 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 Penin-
sula), Maine, to utilization as a research and education
center for Acadia National Park, Maine, including the
preparation of a plan for the reutilization of the naval base
for such purpose that will benefit communities in the vicin-
ity of the naval base and visitors to Acadia National Park
and will stimulate important research and educational ac-
tivities.
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SEC. 309. Of the amount available for fiscal year 2002
for the Army National Guard for operation and mainte-
nance, $2,200,000 shall be made available for the Army Na-
tional Guard for information operations, information as-
surance operations, and training for such operations.
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 imple-
menting 
the 
District 
Emergency 
Operations 
Plan,
$13,770,000, to remain available until September 30, 2003,
of which $11,700,000 is for the expansion of quarantine fa-
cilities, and $2,070,000 is for the establishment of a decon-
tamination facility for children and families: 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.
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA
For a Federal payment to the District of Columbia
to implement the District Emergency Operations Plan,
$24,730,000, to remain available until December 1, 2003,
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of which $14,730,000 is for public safety expenses related
to national special security events in the District of Colum-
bia and $10,000,000 is for the construction of Containment
Facilities to support the regional Bioterrorism Hospital
Preparedness Program: 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.
FEDERAL PAYMENT TO THE WASHINGTON METROPOLITAN
AREA TRANSIT AUTHORITY
For a Federal payment to the Washington Metropoli-
tan Area Transit Authority, $25,000,000, to remain avail-
able until December 1, 2003, to contribute to the creation
of a regional transportation back-up operations control cen-
ter: 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.
FEDERAL PAYMENT TO THE METROPOLITAN WASHINGTON
COUNCIL OF GOVERNMENTS
For a Federal payment to the Metropolitan Wash-
ington Council of Governments, $1,750,000, to remain
available until September 30, 2003, for support of the Re-
gional Incident Communication and Coordination System,
as approved by the Council: Provided, That the entire
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amount is designated by the Congress as an emergency re-
quirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as
amended.
FEDERAL PAYMENT TO THE WATER AND SEWER
AUTHORITY OF THE DISTRICT OF COLUMBIA
For a Federal payment to the Water and Sewer Au-
thority of the District of Columbia for emergency prepared-
ness, $3,000,000, to remain available until September 30,
2003, of which $250,000 shall be for securing fire hydrants
and manholes to prevent unauthorized entry, $150,000 is
to upgrade the hydraulic model, $1,800,000 is for remote
monitoring of water quality, $700,000 is for design and
construction of ventilation system improvements, and
$100,000 is to create an Incident Response Plan: Provided,
That the Water and Sewer Authority of the District of Co-
lumbia may reprogram up to $120,000 between the activi-
ties specified under this heading if it notifies in writing
the Committees on Appropriations of the House of Rep-
resentatives and the Senate thirty days in advance of the
reprogramming: 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.
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DISTRICT OF COLUMBIA FUNDS
OPERATING EXPENSES
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,
approved December 21, 2001 (Public Law 107–96),
$37,000,000 are rescinded.
HUMAN SUPPORT SERVICES
For an additional amount for ‘‘Human Support Serv-
ices’’, $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 Depart-
ment of Mental Health to address a Medicaid revenue short-
fall.
PUBLIC SAFETY AND JUSTICE
(RESCISSION)
Notwithstanding any other provision of law, of the
local funds appropriated under this heading to the Depart-
ment of Corrections for support of the Corrections Informa-
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tion Council in the District of Columbia Appropriations
Act, 2002 (Public Law 107–96), $100,000 are rescinded.
CORRECTIONS INFORMATION COUNCIL
For operations of the Corrections Information Council,
$100,000 from local funds.
GOVERNMENTAL DIRECTION AND SUPPORT
The Governmental Direction and Support paragraph
of the District of Columbia Appropriations Act, 2002 (Pub-
lic Law 107–96), is amended by striking: ‘‘Provided fur-
ther, 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
compensation consistent with performance measures con-
tained in a negotiated collective bargaining agreement:’’.
REPAYMENT OF LOANS AND INTEREST
(RESCISSION)
Of the funds appropriated under this heading for the
fiscal year ending September 30, 2002 in the District of
Columbia Appropriations Act, 2002, approved December
21, 2001 (Public Law 107–96), $7,950,000 are rescinded.
The paragraph under this heading is amended by
striking: ‘‘Provided, That any funds set aside pursuant to
section 148 of the District of Columbia Appropriations Act,
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2000 (Public Law 106–113; 113 Stat. 1523) that are not
used in the reserve funds established herein shall be used
for Pay-As-You-Go Capital Funds:’’ and inserting: ‘‘Pro-
vided, That any funds set aside pursuant to section 148
of the District of Columbia Appropriations Act, 2000 (Pub-
lic Law 106–113; 113 Stat. 1523) that are not used in the
reserve funds established herein shall be used for Pay-As-
You-Go Capital Funds upon certification by the Chief Fi-
nancial Officer of the District of Columbia that the funds
are available and are not required to address potential defi-
cits: Provided further, That of those funds necessary to ad-
dress potential deficits, no funds shall be obligated or ex-
pended except in accordance with the following conditions:
‘‘(1) the amounts shall be obligated or expended
in accordance with laws enacted by the Council in
support of each such obligation or expenditure;
‘‘(2) the amounts may not be used to fund the
agencies of the District of Columbia government
under court-ordered receivership;
‘‘(3) the amounts may be obligated or expended
only if the Mayor notifies the Committees on Appro-
priations of the House of Representatives and Senate
in writing 30 days in advance of any obligation or
expenditure; and
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‘‘(4) amounts made available to address poten-
tial deficits shall remain available until expended:’’.
CERTIFICATES OF PARTICIPATION
For principal and interest payments on the District’s
Certificates of Participation, issued to finance the facility
underlying the building located at One Judiciary Square,
$7,950,000 from local funds.
GENERAL PROVISIONS, THIS CHAPTER
SEC. 401. The District of Columbia may use up to 1
percent of the funds appropriated to the District of Colum-
bia under the Emergency Supplemental Act, 2002, to fund
the necessary administrative costs to carry out that Act,
effective January 10, 2002.
SEC. 402. When the Mayor determines that it is in
the best interest of the District, the Mayor may procure in-
surance for property damage and tort liability. In addition,
when the Chief Financial Officer determines that it is in
the best interest of the District, the Chief Financial Officer
may procure insurance subject to his independent procure-
ment authority or otherwise recommend the procurement of
insurance for financial losses resulting from misfeasance or
malfeasance.
SEC. 403. CRIME VICTIMS COMPENSATION FUND. Sec-
tion 16(d)(2) of the Victims of Violent Crime Compensation
Act of 1996 (D.C. Official Code 4–515(d)(1)), as amended
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by the Fiscal Year 2002 District of Columbia Appropria-
tions Act, Public Law 107–96, is amended to read as fol-
lows:
‘‘(2) 50 percent of such balance shall be trans-
ferred from the Fund to the executive branch of the
District government and shall be used without fiscal
year limitation for outreach activities designed to in-
crease the number of crime victims who apply for
such direct compensation payments.’’.
SEC. 404. WASHINGTON METROPOLITAN AREA TRAN-
SIT AUTHORITY REPROGRAMMING. The Chief Financial Of-
ficer of the Washington Metropolitan Area Transit Author-
ity 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 Au-
thority’’, that contains funds for protective clothing and
breathing apparatus activities, for employee and facility se-
curity and completion of the fiber optic network project.
SEC. 405. TRANSFER AUTHORITY FOR THE DISTRICT
OF COLUMBIA COURTS. The District of Columbia Courts
may expend up to $12,500,000 to carry out the District
of Columbia Family Court Act of 2001 from the ‘‘Federal
Payment to the District of Columbia Courts’’ account: Pro-
vided, That such funds may be transferred to the ‘‘Federal
Payment to the District of Columbia Courts’’ account from
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the ‘‘Federal Payment for Family Court Act’’ account in
reimbursement for such obligations and expenditures as are
necessary 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. TECHNICAL CORRECTION TO THE DISTRICT
OF COLUMBIA FAMILY COURT ACT OF 2001. 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 Co-
lumbia Home Rule Act’’.
SEC. 407. TECHNICAL CORRECTION TO THE FISCAL
YEAR 2002 DISTRICT OF COLUMBIA APPROPRIATIONS ACT.
(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 South-
eastern 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. TECHNICAL CORRECTION TO THE FISCAL
YEAR 2002 DISTRICT OF COLUMBIA APPROPRIATIONS ACT.
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Section 119 of Public Law 107–96 is amended to read as
follows:
‘‘SEC. 119. ACCEPTANCE AND USE OF GRANTS NOT IN-
CLUDED IN CEILING. (a) IN GENERAL.—Notwithstanding
any other provision of this Act, the Mayor, in consultation
with the Chief Financial Officer, may accept, obligate, and
expend Federal, private, and other grants received by the
District government that are not reflected in the amounts
appropriated in this Act.
‘‘(b) REQUIREMENT OF CHIEF FINANCIAL OFFICER
REPORT AND COUNCIL APPROVAL.—No such Federal, pri-
vate, or other grant may be accepted, obligated, or expended
pursuant to subsection (a) until—
‘‘(1) the Chief Financial Officer of the District
of Columbia submits to the Council a report setting
forth detailed information regarding such grant; and
‘‘(2) the Council has reviewed and approved the
acceptance, obligation, and expenditure of such grant.
Within 14 calendar days of receipt of the report sub-
mitted under paragraph (1) the Council shall be
deemed to have provided such approval if no written
notice of disapproval is filed with the Secretary to the
Council within 14 calendar days of the receipt of the
report from the Chief Financial Officer, and no oral
notice of disapproval is given during a meeting of the
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Council during such 14 calendar day period. If notice
of disapproval is given during such initial 14 cal-
endar day period, the Council may approve or dis-
approve the acceptance, obligation or expenditure of
the grant by resolution within 30 calendar days of the
initial receipt of the report from the Chief Financial
Officer, or such certification shall be deemed to be ap-
proved.
‘‘(c) PROHIBITION ON SPENDING IN ANTICIPATION OF
APPROVAL OR RECEIPT.—No amount may be obligated or
expended from the general fund or other funds of the Dis-
trict government in anticipation of the approval or receipt
of a grant under subsection (a) or in anticipation of the
approval or receipt of a Federal, private, or other grant
not subject to these provisions.
‘‘(d) QUARTERLY REPORTS.—The Chief Financial Of-
ficer of the District of Columbia shall prepare a quarterly
report setting forth detailed information regarding all Fed-
eral, private, and other grants subject to these provisions.
Each such report shall be submitted to the Council of the
District of Columbia, and to the Committees on Appropria-
tions of the House of Representatives and the Senate, not
later than 15 days after the end of the quarter covered by
the report.’’.
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SEC. 409. The authority which the Chief Financial Of-
ficer of the District of Columbia exercised with respect to
personnel, procurement, and the preparation of fiscal im-
pact statements during a control period (as defined in Pub-
lic Law 104–8) shall remain in effect through July 1, 2003
or until such time as the District of Columbia Fiscal Integ-
rity 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 MAIN-
TENANCE, GENERAL’’, $32,000,000, to remain available
until expended: Provided, That using the funds appro-
priated 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 naviga-
tion channels, restore and clean out area streams, provide
emergency streambank protection, restore other crucial pub-
lic infrastructure (including sewer and water facilities),
document flood impacts and undertake other flood recovery
efforts deemed necessary and advisable by the Chief of Engi-
neers: Provided further, That $10,000,000 of the funds pro-
vided shall be for Southern West Virginia, Eastern Ken-
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tucky, and Southwestern Virginia: Provided further, That
the remaining $22,000,000 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 these additional funds shall be available for Western
Illinois, Eastern Missouri, and the Upper Peninsula of
Michigan.
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Flood
Control, Mississippi River and Tributaries, Arkansas, Illi-
nois, Kentucky, Louisiana, Mississippi, Missouri, and Ten-
nessee’’, $6,500,000, to remain available until expended, to
be obligated from amounts made available in Public Law
107–117, Corps of Engineers—Civil, Operations and Main-
tenance, General: Provided, That $6,500,000 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.
DEPARTMENT OF ENERGY
ATOMIC ENERGY DEFENSE ACTIVITIES
NATIONAL NUCLEAR SECURITY ADMINISTRATION
WEAPONS ACTIVITIES
For an additional amount for ‘‘Weapons Activities’’
for emergency expenses resulting from the September 11,
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2001, terrorist attacks, $181,650,000: 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.
DEFENSE NUCLEAR NONPROLIFERATION
For an additional amount for ‘‘Defense Nuclear Non-
proliferation’’ for emergency activities necessary to support
the safeguarding of nuclear material internationally,
$100,000,000: Provided, That the entire amount is des-
ignated by the Congress as an emergency requirement pur-
suant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
OFFICE OF THE ADMINISTRATOR
For an additional amount for ‘‘Office of the Adminis-
trator’’ for emergency expenses resulting from the September
11, 2001, terrorist attacks, $1,750,000: 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.
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ENVIRONMENTAL AND OTHER DEFENSE
ACTIVITIES
DEFENSE ENVIRONMENTAL RESTORATION AND WASTE
MANAGEMENT
For an additional amount for ‘‘Defense Environ-
mental Restoration and Waste Management’’ for emergency
expenses resulting from the September 11, 2001, terrorist
attacks, $40,000,000: 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.
OTHER DEFENSE ACTIVITIES
For an additional amount for ‘‘Other Defense Activi-
ties’’ for emergency expenses necessary to support energy
security and assurance 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 Deficit Control Act
of 1985, as amended.
GENERAL PROVISIONS, THIS CHAPTER
(RESCISSION)
SEC. 501. (a) Of the non-defense funds made available
to the Secretary of Energy under the headings ‘‘Energy
Supply’’, ‘‘Non-Defense Environmental Management’’,
‘‘Science’’, ‘‘Nuclear Waste Disposal’’, and ‘‘Departmental
166
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tween 2 communities in accordance with the regula-
tions of the Postal Service;
‘‘(10) the term ‘existing mainline carrier’ means
a mainline carrier (as defined in this section) that on
January 1, 2001, was—
‘‘(A) certified under part 121;
‘‘(B) qualified to provide mainline nonpri-
ority bypass mail service; and
‘‘(C) actually engaged in the carriage of
mainline nonpriority bypass mail through sched-
uled service within the State of Alaska;
‘‘(11) the term ‘freight service’ means the trans-
port of cargo that otherwise cannot be carried on a
qualified passenger aircraft because of—
‘‘(A) size or weight restrictions imposed on
the aircraft or carrier providing the service; or
‘‘(B) prohibitions on the carriage of pas-
sengers and hazardous materials on the same
flight;
‘‘(12) the term ‘mainline carrier’ means a car-
rier operating aircraft under part 121 and certifi-
cated within the payload capacity requirements of
subsection (g)(1)(D)(ii) on a given city pair route;