H. R. 2216
One Hundred Seventh Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, two thousand and one
An Act
Making supplemental appropriations for the fiscal year ending September 30, 2001,
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, 2001, and for other purposes, namely:
TITLE I—NATIONAL SECURITY MATTERS
CHAPTER 1
DEPARTMENT OF JUSTICE
RADIATION EXPOSURE COMPENSATION
PAYMENT TO RADIATION EXPOSURE COMPENSATION TRUST FUND
For payment to the Radiation Exposure Compensation Trust
Fund for approved claims, for fiscal year 2001, such sums as may
be necessary.
CHAPTER 2
DEPARTMENT OF DEFENSE—MILITARY
MILITARY PERSONNEL
MILITARY PERSONNEL, ARMY
For an additional amount for ‘‘Military Personnel, Army’’,
$164,000,000.
MILITARY PERSONNEL, NAVY
For an additional amount for ‘‘Military Personnel, Navy’’,
$84,000,000.
MILITARY PERSONNEL, MARINE CORPS
For an additional amount for ‘‘Military Personnel, Marine
Corps’’, $69,000,000.
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MILITARY PERSONNEL, AIR FORCE
For an additional amount for ‘‘Military Personnel, Air Force’’,
$119,500,000.
RESERVE PERSONNEL, ARMY
For an additional amount for ‘‘Reserve Personnel, Army’’,
$52,000,000.
RESERVE PERSONNEL, AIR FORCE
For an additional amount for ‘‘Reserve Personnel, Air Force’’,
$8,500,000.
NATIONAL GUARD PERSONNEL, ARMY
For an additional amount for ‘‘National Guard Personnel,
Army’’, $6,000,000.
NATIONAL GUARD PERSONNEL, AIR FORCE
For an additional amount for ‘‘National Guard Personnel, Air
Force’’, $12,000,000.
OPERATION AND MAINTENANCE
OPERATION AND MAINTENANCE, ARMY
For an additional amount for ‘‘Operation and Maintenance,
Army’’, $792,400,000, of which $214,000,000 shall be made available
only for the repair and maintenance of real property.
OPERATION AND MAINTENANCE, NAVY
For an additional amount for ‘‘Operation and Maintenance,
Navy’’, $1,024,100,000: Provided, That of the funds made available
under this heading, $10,200,000 shall remain available for obliga-
tion until September 30, 2002.
OPERATION AND MAINTENANCE, MARINE CORPS
For an additional amount for ‘‘Operation and Maintenance,
Marine Corps’’, $62,000,000.
OPERATION AND MAINTENANCE, AIR FORCE
For an additional amount for ‘‘Operation and Maintenance,
Air Force’’, $813,800,000.
OPERATION AND MAINTENANCE, DEFENSE-WIDE
For an additional amount for ‘‘Operation and Maintenance,
Defense-Wide’’, $123,250,000: Provided, That of the funds made
available under this heading, $6,800,000 shall remain available
for obligation until September 30, 2002.
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OPERATION AND MAINTENANCE, ARMY RESERVE
For an additional amount for ‘‘Operation and Maintenance,
Army Reserve’’, $20,500,000.
OPERATION AND MAINTENANCE, NAVY RESERVE
For an additional amount for ‘‘Operation and Maintenance,
Navy Reserve’’, $12,500,000.
OPERATION AND MAINTENANCE, MARINE CORPS RESERVE
For an additional amount for ‘‘Operation and Maintenance,
Marine Corps Reserve’’, $1,900,000.
OPERATION AND MAINTENANCE, AIR FORCE RESERVE
For an additional amount for ‘‘Operation and Maintenance,
Air Force Reserve’’, $34,000,000.
OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD
For an additional amount for ‘‘Operation and Maintenance,
Army National Guard’’, $42,900,000.
OPERATION AND MAINTENANCE, AIR NATIONAL GUARD
For an additional amount for ‘‘Operation and Maintenance,
Air National Guard’’, $119,300,000.
PROCUREMENT
OTHER PROCUREMENT, ARMY
For an additional amount for ‘‘Other Procurement, Army’’,
$7,000,000, to remain available for obligation until September 30,
2003.
SHIPBUILDING AND CONVERSION, NAVY
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ‘‘Shipbuilding and Conversion,
Navy’’, $297,000,000: Provided, That upon enactment of this Act,
the Secretary of the Navy shall transfer such funds to the following
appropriations in the amount specified: Provided further, That the
amounts transferred shall be merged with and shall be available
for the same purposes and for the same time period as the appro-
priations to which transferred:
To:
Under the heading, ‘‘Shipbuilding and Conversion,
Navy, 1995/2001’’:
Carrier Replacement Program, $84,000,000.
DDG–51 Destroyer Program, $300,000.
Under the heading, ‘‘Shipbuilding and Conversion,
Navy, 1996/2001’’:
DDG–51 Destroyer Program, $14,600,000.
LPD–17 Amphibious Transport Dock Ship Pro-
gram, $140,000,000.
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Under the heading, ‘‘Shipbuilding and Conversion,
Navy, 1997/2001’’:
DDG–51 Destroyer Program, $12,600,000.
Under the heading, ‘‘Shipbuilding and Conversion,
Navy, 1998/2001’’:
NSSN Program, $32,000,000.
DDG–51 Destroyer Program, $13,500,000.
AIRCRAFT PROCUREMENT, AIR FORCE
For an additional amount for ‘‘Aircraft Procurement, Air Force’’,
$78,000,000, to remain available for obligation until September
30, 2003.
MISSILE PROCUREMENT, AIR FORCE
For an additional amount for ‘‘Missile Procurement, Air Force’’,
$15,500,000, to remain available for obligation until September
30, 2003.
PROCUREMENT OF AMMUNITION, AIR FORCE
For an additional amount for ‘‘Procurement of Ammunition,
Air Force’’, $31,200,000, to remain available for obligation until
September 30, 2003.
OTHER PROCUREMENT, AIR FORCE
For an additional amount for ‘‘Other Procurement, Air Force’’,
$138,150,000, to remain available for obligation until September
30, 2003.
PROCUREMENT, DEFENSE-WIDE
For an additional amount for ‘‘Procurement, Defense-Wide’’,
$5,800,000, to remain available for obligation until September 30,
2003.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY
For an additional amount for ‘‘Research, Development, Test
and Evaluation, Army’’, $5,000,000, to remain available for obliga-
tion until September 30, 2002.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY
For an additional amount for ‘‘Research, Development, Test
and Evaluation, Navy’’, $128,000,000, to remain available for obliga-
tion until September 30, 2002.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR FORCE
For an additional amount for ‘‘Research, Development, Test
and Evaluation, Air Force’’, $275,500,000, to remain available for
obligation until September 30, 2002.
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RESEARCH, DEVELOPMENT, TEST AND EVALUATION, DEFENSE-WIDE
For an additional amount for ‘‘Research, Development, Test
and Evaluation, Defense-Wide’’, $84,100,000, to remain available
for obligation until September 30, 2002.
REVOLVING AND MANAGEMENT FUNDS
DEFENSE WORKING CAPITAL FUNDS
For an additional amount for ‘‘Defense Working Capital Funds’’,
$178,400,000, to remain available until expended.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
DEFENSE HEALTH PROGRAM
For an additional amount for ‘‘Defense Health Program’’,
$1,453,400,000 
for 
Operation 
and 
maintenance, 
of 
which
$500,000,000 shall remain available until September 30, 2002: Pro-
vided, That of the funds made available in this paragraph, not
more than $655,000,000 may be made available for a global settle-
ment of claims made under TRICARE managed care support con-
tracts: Provided further, That of the funds made available in this
paragraph, not less than $151,200,000 shall be made available
upon enactment only for requirements of the direct care system
and military medical treatment facilities, to be administered solely
by the uniformed services Surgeons General: Provided further, That
funds made available in this paragraph may be used to cover
increases in costs associated with the provision of health care serv-
ices to eligible beneficiaries of all the uniformed services.
For an additional amount for ‘‘Defense Health Program’’,
$150,000,000 for Operation and maintenance, to remain available
until expended, only for the use of the Surgeons General to improve
the quality of care provided at military medical treatment facilities,
of which $30,000,000 shall be made available only to optimize
health care services at Army military medical treatment facilities,
$30,000,000 shall be made available only to optimize health care
services at Navy military medical treatment facilities, $30,000,000
shall be made available only to optimize health care services at
Air Force military medical treatment facilities, $30,000,000 shall
be made available only to finance advances in medical practices
to be equally divided between the services, and $30,000,000 shall
be made available for other requirements of the direct care system
and military medical treatment facilities: Provided, That the funds
provided in this paragraph are to be administered solely by the
Army, Navy and Air Force Surgeons General: Provided further,
That none of the funds provided in this paragraph may be made
available for optimization programs, projects or activities unless
the Surgeon General of the respective service determines that:
(1) such program, project or activity shall produce annual cost
savings in excess of annual cost within not more than three years
from the date of project initiation, or (2) that such program, project
or activity is necessary to address a serious health care deficiency
at a military medical treatment facility that could threaten health
care outcomes: Provided further, That none of the funds provided
in this paragraph may be made available to a service unless the
Secretary of Defense expresses the intent to the congressional
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defense committees that all optimization programs, projects and
activities financed in this paragraph will be continued and fully
financed in the Department of Defense six year budget plan known
as the Program Objective Memorandum.
GENERAL PROVISIONS—THIS CHAPTER
SEC. 1201. Fuel transferred by the Defense Energy Supply
Center to the Department of the Interior for use at Midway Island
during fiscal year 2000 shall be deemed for all purposes to have
been transferred on a nonreimbursable basis.
SEC. 1202. 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 Security Act of 1947 (50 U.S.C.
414).
(INCLUDING TRANSFER OF FUNDS)
SEC. 1203. In addition to the amount appropriated in section
308 of division A, Miscellaneous Appropriations Act, 2001, as
enacted by section 1(a)(4) of Public Law 106–554 (114 Stat. 2763A–
181 and 182), $44,000,000 is hereby appropriated for ‘‘Operation
and Maintenance, Navy’’, to remain available until expended: Pro-
vided, That such amount, and the amount previously appropriated
in section 308, shall be for costs associated with the stabilization,
return, refitting, necessary force protection upgrades, and repair
of the U.S.S. COLE, including any costs previously incurred for
such purposes: Provided further, That the Secretary of Defense
may transfer these funds to appropriations accounts for procure-
ment: 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 appropriations to which transferred: Pro-
vided further, That the transfer authority provided herein is in
addition to any other transfer authority available to the Department
of Defense.
(RESCISSIONS)
SEC. 1204. Of the funds made available in Department of
Defense appropriations Acts, or otherwise available to the Depart-
ment of Defense, the following funds are hereby rescinded, from
the following accounts in the specified amounts:
‘‘Procurement, Marine Corps, 2000/2002’’, $3,000,000;
‘‘Overseas Contingency Operations Transfer Fund, 2001’’,
$200,000,000;
‘‘Foreign Currency Fluctuations, Defense’’, $68,400,000;
‘‘Aircraft Procurement, Navy 2001/2003’’, $199,000,000;
‘‘Shipbuilding and Conversion, Navy, 2001/2005’’, LPD–
17(AP), $75,000,000;
‘‘Procurement, Marine Corps, 2001/2003’’, $5,000,000;
‘‘Aircraft 
Procurement, 
Air 
Force, 
2001/2003’’,
$327,500,000;
‘‘Other Procurement, Air Force, 2001/2003’’, $65,000,000;
‘‘Procurement, Defense-Wide, 2001/2003’’, $85,000,000; and
‘‘Research, Development, Test and Evaluation, Defense-
Wide, 2001/2002’’, $7,000,000.
H. R. 2216—7
SEC. 1205. In addition to amounts appropriated or otherwise
made available elsewhere in this Act for the Department of Defense
or in the Department of Defense Appropriations Act, 2001 (Public
Law 106–259), $39,900,000 is hereby appropriated to the Depart-
ment of Defense, for facilities repair and damages resulting from
natural disasters, as follows:
‘‘Operation and Maintenance, Army’’, $6,500,000;
‘‘Operation and Maintenance, Navy’’, $23,000,000;
‘‘Operation and Maintenance, Air Force’’, $8,000,000;
‘‘Operation and Maintenance, Army Reserve’’, $200,000;
‘‘Operation and Maintenance, Air Force Reserve’’, $200,000;
‘‘Operation and Maintenance, Army National Guard’’,
$400,000;
‘‘Operation 
and 
Maintenance, 
Air 
National 
Guard’’,
$400,000; and
‘‘Defense Health Program’’, $1,200,000.
SEC. 1206. The authority to purchase or receive services under
the demonstration project authorized by section 816 of the National
Defense Authorization Act for Fiscal Year 1995 (Public Law 103–
337) may be exercised through January 31, 2002, notwithstanding
subsection (c) of that section.
SEC. 1207. Notwithstanding any other provision of law, the
Secretary of Defense may retain all or a portion of Fort Greely,
Alaska as the Secretary deems necessary, to meet military, oper-
ational, logistics and personnel support requirements for missile
defense.
SEC. 1208. Of the funds appropriated in the Department of
Defense Appropriations Act, 2001, Public Law 106–259, in title
IV under the heading, ‘‘Research, Development, Test and Evalua-
tion, Navy’’, $2,000,000 may be made available for a Maritime
Fire Training Center at the Marine and Environmental Research
and Training Station (MERTS), and $2,000,000 may be made avail-
able for a Maritime Fire Training Center at Barbers Point, including
provision for laboratories, construction, and other efforts associated
with research, development, and other programs of major impor-
tance to the Department of Defense.
SEC. 1209. Of the amounts appropriated in this Act under
the heading ‘‘Operation and Maintenance, Army’’, $8,000,000 shall
be available for the purpose of repairing storm damage at Fort
Sill, Oklahoma, and Red River Army Depot, Texas.
SEC. 1210. (a) Notwithstanding any other provision of law,
the Secretary of the Army shall convey to the City of Bayonne,
New Jersey, without consideration, all right, title, and interest
of the United States in and to the firefighting and rescue vehicles
described in subsection (b).
(b) The firefighting and rescue vehicles referred to in subsection
(a) are a rescue hazardous materials truck, a 2,000 gallon per
minute pumper, and a 100-foot elevating platform truck, all of
which are at Military Ocean Terminal, Bayonne, New Jersey.
SEC. 1211. None of the funds available to the Department
of Defense for fiscal year 2001 may be obligated or expended for
retiring or dismantling any of the 93 B–1B Lancer bombers in
service as of June 1, 2001, or for transferring or reassigning any
of those aircraft from the unit, or the facility, to which assigned
as of that date.
H. R. 2216—8
CHAPTER 3
DEPARTMENT OF ENERGY
ATOMIC ENERGY DEFENSE ACTIVITIES
NATIONAL NUCLEAR SECURITY ADMINISTRATION
WEAPONS ACTIVITIES
For 
an 
additional 
amount 
for 
‘‘Weapons 
Activities’’,
$126,625,000, to remain available until expended: Provided, That
funding is authorized for Project 01–D–107, Atlas Relocation and
Operations, and Project 01–D–108, Microsystems and Engineering
Sciences Applications Complex.
OTHER DEFENSE RELATED ACTIVITIES
DEFENSE ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT
For an additional amount for ‘‘Defense Environmental Restora-
tion and Waste Management’’, $95,000,000, to remain available
until expended.
DEFENSE FACILITIES CLOSURE PROJECTS
For an additional amount for ‘‘Defense Facilities Closure
Projects’’, $21,000,000, to remain available until expended.
DEFENSE ENVIRONMENTAL MANAGEMENT PRIVATIZATION
For an additional amount for ‘‘Defense Environmental Manage-
ment Privatization’’, $29,600,000, to remain available until
expended.
OTHER DEFENSE ACTIVITIES
For an additional amount for ‘‘Other Defense Activities’’,
$5,000,000, to remain available until expended.
CHAPTER 4
MILITARY CONSTRUCTION
MILITARY CONSTRUCTION, ARMY
For an additional amount for ‘‘Military Construction, Army’’,
$22,000,000: Provided, 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 other-
wise authorized by law.
MILITARY CONSTRUCTION, NAVY
For an additional amount for ‘‘Military Construction, Navy’’,
$9,400,000: Provided, 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 other-
wise authorized by law.
H. R. 2216—9
MILITARY CONSTRUCTION, AIR FORCE
For an additional amount for ‘‘Military Construction, Air Force’’,
$10,000,000: Provided, 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 other-
wise authorized by law.
MILITARY CONSTRUCTION, AIR NATIONAL GUARD
For an additional amount for ‘‘Military Construction, Air
National Guard’’, $6,700,000: Provided, 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.
FAMILY HOUSING, ARMY
For an additional amount for ‘‘Family Housing, Army’’,
$30,480,000 for operation and maintenance.
FAMILY HOUSING, NAVY AND MARINE CORPS
For an additional amount for ‘‘Family Housing, Navy and
Marine Corps’’, $20,300,000 for operation and maintenance.
FAMILY HOUSING, AIR FORCE
For an additional amount for ‘‘Family Housing, Air Force’’,
$18,000,000 for operation and maintenance.
BASE REALIGNMENT AND CLOSURE ACCOUNT, PART IV
For an additional amount for deposit into the ‘‘Department
of Defense Base Realignment and Closure Account 1990’’,
$9,000,000, to remain available until expended.
GENERAL PROVISIONS—THIS CHAPTER
SEC. 1401. (a) CADET PHYSICAL DEVELOPMENT CENTER.—Not-
withstanding section 138 of the Military Construction Appropria-
tions Act, 2001 (division A of Public Law 106–246; 114 Stat. 524),
the Secretary of the Army may expend appropriated funds in excess
of the amount specified by such section to construct and renovate
the Cadet Physical Development Center at the United States Mili-
tary Academy, except that—
(1) such additional expenditures may be used only for the
purposes of meeting unanticipated price increases and related
construction contingency costs and making minor changes to
the project to incorporate design features that result in reducing
long-term operating costs; and
(2) such additional expenditures may not exceed the dif-
ference between the authorized amount for the project and
the amount specified in such section.
(b) LIMITATIONS
AND REPORTS.—No sums may be expended
for final phase construction of the project until 15 days after the
Secretary of the Army submits a report to the congressional defense
committees describing the revised cost estimates referred to in
subsection (a), the methodology used in making these cost estimates,
H. R. 2216—10
and the changes in project costs compared to estimates made in
October, 2000. Not later than August 1, 2001, the Secretary of
the Army shall submit a report to the congressional defense commit-
tees explaining the plan of the Department of the Army to expend
privately donated funds for capital improvements at the United
States Military Academy between fiscal years 2001 and 2011.
SEC. 1402. Except as otherwise specifically provided in this
chapter, amounts provided to the Department of Defense under
each of the headings in this chapter shall be made available for
the same time period as the amounts appropriated under each
such heading in Public Law 106–246.
(RESCISSIONS)
SEC. 1403. Of the funds provided in the Military Construction
Appropriations Act, 2001 (Public Law 106–246), the following
amounts are hereby rescinded as of the date of the enactment
of this Act:
‘‘Military Construction, Army’’, $12,856,000;
‘‘Military Construction, Navy’’, $6,213,000;
‘‘Military Construction, Air Force’’, $4,935,000;
‘‘Military Construction, Defense-Wide’’, $14,376,000;
‘‘Family Housing, Army’’, $4,000,000; and
‘‘Family Housing, Air Force’’, $4,375,000.
SEC. 1404. Notwithstanding any other provision of law, the
amount authorized, and authorized to be appropriated, for the
Defense Agencies for the TRICARE Management Agency for a mili-
tary construction project for Bassett Army Hospital at Fort Wain-
wright, Alaska, shall be $215,000,000.
SEC. 1405. DESIGNATION OF ENGINEERING AND MANAGEMENT
BUILDING AT NORFOLK NAVAL SHIPYARD, VIRGINIA, AFTER NORMAN
SISISKY. The engineering and management building (also known
as Building 1500) at Norfolk Naval Shipyard, Portsmouth, Virginia,
shall be known as the Norman Sisisky Engineering and Manage-
ment Building. Any reference to that building in any law, regula-
tion, map, document, record, or other paper of the United States
shall be considered to be a reference to the Norman Sisisky
Engineering and Management Building.
TITLE II—OTHER SUPPLEMENTAL APPROPRIATIONS
CHAPTER 1
DEPARTMENT OF AGRICULTURE
OFFICE OF THE SECRETARY
For an additional amount for ‘‘Office of the Secretary’’,
$3,000,000, to remain available until September 30, 2002: Provided,
That of these funds, no less than $1,000,000 shall be used for
enforcement of the Animal Welfare Act: Provided further, That
of these funds, no less than $1,000,000 shall be used to enhance
humane slaughter practices under the Federal Meat Inspection
Act: Provided further, That no more than $500,000 of these funds
shall be made available to the Under Secretary for Research, Edu-
cation and Economics for development and demonstration of tech-
nologies to promote the humane treatment of animals: Provided
H. R. 2216—11
further, That these funds may be transferred to and merged with
appropriations for agencies performing this work.
ANIMAL AND PLANT HEALTH INSPECTION SERVICE
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Expenses’’,
$5,000,000.
FARM SERVICE AGENCY
AGRICULTURAL CONSERVATION PROGRAM
(RESCISSION)
Of the funds appropriated for ‘‘Agricultural Conservation Pro-
gram’’ under Public Law 104–37, $45,000,000 are rescinded.
NATURAL RESOURCES CONSERVATION SERVICE
WATERSHED AND FLOOD PREVENTION OPERATIONS
For an additional amount for ‘‘Watershed and Flood Prevention
Operations’’, to repair damages to waterways and watersheds
resulting from natural disasters, $35,500,000, to remain available
until expended.
GENERAL PROVISIONS—THIS CHAPTER
SEC. 2101. Title I of the Agriculture, Rural Development, Food
and Drug Administration, and Related Agencies Appropriations
Act, 2001 (as enacted by Public Law 106–387; 114 Stat. 1549,
1549A–10) is amended by striking ‘‘until expended’’ under the
heading ‘‘Buildings and Facilities’’ under the heading ‘‘Animal and
Plant Health Inspection Service’’ and adding the following: ‘‘until
expended: Provided, That notwithstanding any other provision of
law (including chapter 63 of title 31, U.S.C.), $4,670,000 of the
amount shall be transferred by the Secretary and once transferred,
shall be state funds for the construction, renovation, equipment,
and other related costs for a post entry plant quarantine facility
and related laboratories as described in Senate Report 106–288’’.
SEC. 2102. The paragraph under the heading ‘‘Rural Commu-
nity Advancement Program’’ in title III of the Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies
Appropriations Act, 2001 (as enacted by Public Law 106–387; 114
Stat. 1549, 1549A–17) is amended—
(1) in the third proviso, by striking ‘‘ability of’’ and inserting
‘‘ability of low income rural communities and’’; and
(2) in the fourth proviso, by striking ‘‘assistance to’’ the
first place it appears and inserting ‘‘assistance and to’’.
SEC. 2103. (a) Not later than August 1, 2001, the Federal
Crop Insurance Corporation shall promulgate final regulations to
carry out section 522(b) of the Federal Crop Insurance Act (7
U.S.C. 522(b)), without regard to—
(1) the notice and comment provisions of section 553 of
title 5, United States Code;
(2) the Statement of Policy of the Secretary of Agriculture
effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices
H. R. 2216—12
of proposed rulemaking and public participation in rulemaking;
and
(3) chapter 35 of title 44, United States Code (commonly
known as the ‘‘Paperwork Reduction Act’’).
(b) In carrying out this section, the Corporation shall use the
authority provided under section 808 of title 5, United States Code.
(c) The final regulations promulgated under subsection (a) shall
take effect on the date of publication of the final regulations.
SEC. 2104. In addition to amounts otherwise available,
$20,000,000, to remain available until expended, from amounts
pursuant to 15 U.S.C. 713a–4 for the Secretary of Agriculture
to make available financial assistance to eligible producers to pro-
mote water conservation in the Klamath Basin, as determined
by the Secretary: Provided, That the issuance of regulations promul-
gated pursuant to this section shall be made without regard to:
(1) the notice and comment provisions of section 553 of title 5,
United States Code; (2) the Statement of Policy of the Secretary
of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804), relating
to notices of proposed rulemaking and public participation in rule-
making; and (3) chapter 35 of title 44, United States Code (com-
monly known as the ‘‘Paperwork Reduction Act’’): Provided further,
That in carrying out this section, the Secretary shall use the
authority provided under section 808 of title 5, United States Code.
SEC. 2105. Under the heading ‘‘Food Stamp Program’’ in the
Agriculture, Rural Development, Food and Drug Administration,
and Related Agencies Appropriations Act, 2001 (as enacted by
Public Law 106–387), in the sixth proviso, strike ‘‘$194,000,000’’
and insert in lieu thereof ‘‘$191,000,000’’.
SEC. 2106. 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, $39,500,000 made available in prior years are rescinded
and returned to the Treasury.
SEC. 2107. In addition to amounts otherwise available,
$2,000,000, to remain available until expended, from amounts
pursuant to 15 U.S.C. 713a–4 for the Secretary of Agriculture
to make available financial assistance to eligible producers to pro-
mote water conservation in the Yakima Basin, Washington, as
determined by the Secretary: Provided, That the issuance of regula-
tions promulgated pursuant to this section shall be made without
regard to: (1) the notice and comment provisions of section 553
of title 5, United States Code; (2) the Statement of Policy of the
Secretary of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804),
relating to notices of proposed rulemaking and public participation
in rulemaking; and (3) chapter 35 of title 44, United States Code
(commonly known as the ‘‘Paperwork Reduction Act’’): Provided
further, That in carrying out this section, the Secretary shall use
the authority provided under section 808 of title 5, United States
Code.
SEC. 2108. (a) In addition to the payment of any other eligible
expenses, the Secretary of Agriculture shall have the authority
to approve the use of Commodity Credit Corporation funds pursuant
to 15 U.S.C. 713a–4 to make available up to $22,949,000 of financial
assistance for internal transportation, storage, and handling
expenses, and for any appropriate administrative expenses as deter-
mined by the Secretary, for cooperating sponsors with which the
Secretary has entered into agreements in fiscal year 2001 or 2002
H. R. 2216—13
under the Global Food for Education Initiative covered by the
notice published by the Corporation in the Federal Register on
September 6, 2000 (65 Fed. Reg. 53977 et seq.), for their activities
under those agreements.
(b) The unobligated balance of the funds appropriated by section
745(e) of the Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 2001 (as
enacted into law by Public Law 106–387) is rescinded.
CHAPTER 2
DEPARTMENT OF COMMERCE
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
COASTAL AND OCEAN ACTIVITIES
(INCLUDING RESCISSION)
Of the funds made available in Public Law 106–553 for the
costs of construction of a research center at the ACE Basin National
Estuarine Research Reserve, for use under this heading until
expended, $8,000,000 are rescinded.
For an additional amount for the activities specified in Public
Law 106–553 for which funds were rescinded in the preceding
paragraph, $3,000,000, to remain available until expended for
construction and $5,000,000, to remain available until expended
for land acquisition.
DEPARTMENTAL MANAGEMENT
EMERGENCY OIL AND GAS GUARANTEED LOAN PROGRAM
(RESCISSION)
Of the funds made available in the Emergency Oil and Gas
Guaranteed Loan Program Act (chapter 2 of Public Law 106–51;
113 Stat. 255–258), $114,800,000 are rescinded.
RELATED AGENCY
SMALL BUSINESS ADMINISTRATION
SALARIES AND EXPENSES
(INCLUDING RESCISSION)
Of the funds made available in Public Law 106–553 for the
costs of technical assistance related to the New Markets Venture
Capital Program for use under this heading in only fiscal year
2001, $30,000,000 are rescinded.
For an additional amount for the activities specified in Public
Law 106–553 for which funds were rescinded in the preceding
paragraph, $30,000,000, to remain available until expended.
H. R. 2216—14
BUSINESS LOANS PROGRAM ACCOUNT
(INCLUDING RESCISSION)
Of the funds made available in Public Law 106–553 for the
costs of guaranteed loans under the New Markets Venture Capital
Program for use under this heading in only fiscal year 2001,
$22,000,000 are rescinded.
For an additional amount for the activities specified in Public
Law 106–553 for which funds were rescinded in the preceding
paragraph, $22,000,000, to remain available until expended.
GENERAL PROVISIONS—THIS CHAPTER
SEC. 2201. Section 144(d) of division B of Public Law 106–
554 is amended—
(1) in paragraph (1) and paragraph (5)(B) by striking ‘‘not
later than May 1, 2001’’ and inserting in lieu thereof ‘‘as soon
as practicable’’;
(2) in paragraph (2)(A) by striking ‘‘for vessels’’ and
inserting in lieu thereof ‘‘who hold such permits based on
fishing histories’’;
(3) in paragraph (2)(B)(i) by striking ‘‘meets’’ and inserting
in lieu thereof ‘‘is fishing under a permit that is issued based
on fishing histories that meet’’;
(4) in paragraph (2)(B)(i) by inserting ‘‘, provided that any
interim Bering Sea crab fishery certificates issued after
December 1, 2000 shall remain valid until the Secretary imple-
ments final regulations consistent with the provisions of this
subparagraph’’ after ‘‘paragraph’’;
(5) in paragraph (3) by striking ‘‘the May 1, 2001 date’’
and inserting in lieu thereof ‘‘the direction to issue regulations
as soon as practicable as’’;
(6) in paragraph (3) by striking ‘‘with that date’’; and
(7) in paragraph (2)(A)(ii) by striking ‘‘have made’’ and
inserting in lieu thereof ‘‘except as specifically provided other-
wise in the regulations described in clause (i), include’’.
SEC. 2202. (a) Section 12102(c) of title 46, United States Code,
as amended by section 202(a) of the American Fisheries Act (46
U.S.C. 12102 note), is amended—
(1) in paragraph (2)(B) by striking ‘‘or the use’’ and all
that follows in such paragraph and inserting in lieu thereof
‘‘or the exercise of rights under loan or mortgage covenants
by a mortgagee eligible to be a preferred mortgagee under
section 31322(a) of this title, provided that a mortgagee not
eligible to own a vessel with a fishery endorsement may only
operate such a vessel to the extent necessary for the immediate
safety of the vessel or for repairs, drydocking or berthing
changes.’’; and
(2) by striking paragraph (4) and renumbering the
remaining paragraph accordingly.
(b) Section 31322(a)(4) of title 46, United States Code, as
amended by section 202(b) of the American Fisheries Act (Public
Law 105–277, division C, title II) is amended by striking paragraph
(4)(B) and all that follows in such paragraph and inserting in
lieu thereof the following:
H. R. 2216—15
‘‘(B) a state or federally chartered financial institution
that is insured by the Federal Deposit Insurance Corpora-
tion;
‘‘(C) a farm credit lender established under title 12,
chapter 23 of the United States Code;
‘‘(D) a commercial fishing and agriculture bank estab-
lished pursuant to State law;
‘‘(E) a commercial lender organized under the laws
of the United States or of a State and eligible to own
a vessel under section 12102(a) of this title; or
‘‘(F) a mortgage trustee under subsection (f) of this
section.’’.
(c) Section 31322 of title 46, United States Code is amended
by adding at the end the following new subsections:
‘‘(f)(1) A mortgage trustee may hold in trust, for an individual
or entity, an instrument or evidence of indebtedness, secured by
a mortgage of the vessel to the mortgage trustee, provided that
the mortgage trustee—
‘‘(A) is eligible to be a preferred mortgagee under subsection
(a)(4), subparagraphs (A)–(E) of this section;
‘‘(B) is organized as a corporation, and is doing business,
under the laws of the United States or of a State;
‘‘(C) is authorized under those laws to exercise corporate
trust powers;
‘‘(D) is subject to supervision or examination by an official
of the United States Government or a State;
‘‘(E) has a combined capital and surplus (as stated in
its most recent published report of condition) of at least
$3,000,000; and
‘‘(F) meets any other requirements prescribed by the Sec-
retary.
‘‘(2) If the beneficiary under the trust arrangement is not a
commercial lender, a lender syndicate or eligible to be a preferred
mortgagee under subsection (a)(4), subparagraphs (A)–(E) of this
section, the Secretary must determine that the issuance, assign-
ment, transfer, or trust arrangement does not result in an impermis-
sible transfer of control of the vessel to a person not eligible to
own a vessel with a fishery endorsement under section 12102(c)
of this title.
‘‘(3) A vessel with a fishery endorsement may be operated
by a mortgage trustee only with the approval of the Secretary.
‘‘(4) A right under a mortgage of a vessel with a fishery endorse-
ment may be issued, assigned, or transferred to a person not eligible
to be a mortgagee of that vessel under this section only with
the approval of the Secretary.
‘‘(5) The issuance, assignment, or transfer of an instrument
or evidence of indebtedness contrary to this subsection is voidable
by the Secretary.
‘‘(g) For purposes of this section a ‘commercial lender’ means
an entity primarily engaged in the business of lending and other
financing transactions with a loan portfolio in excess of
$100,000,000, of which not more than 50 per centum in dollar
amount consists of loans to borrowers in the commercial fishing
industry, as certified to the Secretary by such lender.
‘‘(h) For purposes of this section a ‘lender syndicate’ means
an arrangement established for the combined extension of credit
of not less than $20,000,000 made up of four or more entities
H. R. 2216—16
that each have a beneficial interest, held through an agent, under
a trust arrangement established pursuant to subsection (f), no one
of which may exercise powers thereunder without the concurrence
of at least one other unaffiliated beneficiary.’’.
(d) Section 31322 of title 46, United States Code as amended
in this section, and as amended by section 202(b) of the American
Fisheries Act (Public Law 105–277, division C, title II) shall not
take effect until April 1, 2003, nor shall the Secretary of Transpor-
tation, in determining whether a vessel owner complies with the
requirements of section 12102(c) of title 46, United States Code,
consider the citizenship status of a lender, in its capacity as a
lender with respect to that vessel owner, until after April 1, 2003.
(e)(1) Section 213(g) of the American Fisheries Act (Public
Law 105–277, division C, title II) is amended by—
(A) striking ‘‘October 1, 2001’’ both places it appears;
(B) striking ‘‘such date’’ and inserting in lieu thereof ‘‘or
if the percentage of foreign ownership in the vessel is increased
after the effective date of this subsection’’; and
(C) striking ‘‘such vessel’’ the first time it appears and
inserting ‘‘their ownership or mortgage interest in such vessel
on that date’’ in lieu thereof.
(2) Section 213(g) of the American Fisheries Act (Public Law
105–277, division C, title II) shall take effect on the date of enact-
ment of this Act.
SEC. 2203. (a) Section 20(a)(1) of the Small Business Act (15
U.S.C. 631 note) is amended—
(1) in subparagraph (D), by striking ‘‘and’’ at the end;
(2) in subparagraph (E), by striking the period at the
end and inserting ‘‘; and’’; and
(3) by adding at the end the following new subparagraph:
‘‘(F) to pay for small business development center
grants as mandated or directed by Congress.’’.
(b) Section 21(a)(4)(C)(v)(II) of the Small Business Act (15
U.S.C. 648(a)(4)(C)(v)(II), is amended by inserting ‘‘, or accom-
panying report language,’’ after ‘‘in appropriations Acts’’.
SEC. 2204. Section 633 of Public Law 106–553 is amended
with respect to a grant of $2,000,000 for Promesa Enterprises
in the Bronx, New York, by inserting the words ‘‘financially or
otherwise’’ after ‘‘to assist community-based businesses’’.
CHAPTER 3
DISTRICT OF COLUMBIA
FEDERAL FUNDS
FEDERAL PAYMENT TO THE CHIEF FINANCIAL OFFICER OF THE
DISTRICT OF COLUMBIA
(INCLUDING TRANSFER OF FUNDS)
For a Federal contribution to the Chief Financial Officer of
the District of Columbia for the Excel Institute Adult Education
Program, $1,000,000, of which $250,000 shall be derived by transfer
from the appropriation ‘‘Federal Payment for Plan to Simplify
Employee Compensation Systems’’ in the District of Columbia
Appropriations Act, 2001 (Public Law 106–522; 114 Stat. 2444).
H. R. 2216—17
DISTRICT OF COLUMBIA FUNDS
GOVERNMENTAL DIRECTION AND SUPPORT
(INCLUDING RESCISSION)
For an additional amount for ‘‘Governmental Direction and
Support’’, $5,400,000 from local funds for increases in natural gas
costs.
Of the funds appropriated under this heading for the fiscal
year ending September 30, 2001, in the District of Columbia Appro-
priations Act, 2001, approved November 22, 2000 (Public Law 106–
522; 114 Stat. 2447), $250,000 to simplify employee compensation
systems are rescinded.
ECONOMIC DEVELOPMENT AND REGULATION
For an additional amount for ‘‘Economic Development and
Regulation’’, $1,000,000 from local funds for the implementation
of the New E-Conomy Transformation Act of 2000, (D.C. Act 13–
543), and $624,820 for the Department of Consumer and Regulatory
Affairs for the purposes of D.C. Code, sec. 5–513: Provided, That
the Department shall transfer all local funds resulting from the
lapse of personnel vacancies, caused by transferring Department
of Consumer and Regulatory Affairs employees into Neighborhood
Stabilization Officer positions without the filling of the resultant
vacancies, into the general fund, of these funds an amount not
to exceed $60,000 may be used to implement the provisions in
D.C. Bill 13–646, the Abatement and Condemnation of Nuisance
Properties Omnibus Amendment Act of 2000, pertaining to the
prevention of the demolition by neglect of historic properties: Pro-
vided further, That the fees established and collected pursuant
to D.C. Bill 13–646 shall be identified, and an accounting provided,
to the Committee on Consumer and Regulatory Affairs of the
Council of the District of Columbia.
PUBLIC SAFETY AND JUSTICE
(INCLUDING RESCISSION)
For an additional amount for ‘‘Public Safety and Justice’’,
$8,901,000 from local funds to be allocated as follows: $2,800,000
is for the Metropolitan Police Department of which $800,000 is
for the speed camera program and $2,000,000 is for the Fraternal
Order of Police arbitration award and the Fair Labor Standards
Act liability; $5,940,000 is for the Fire and Emergency Medical
Services Department of which $5,540,000 is for pre-tax payments
for pension, health and life insurance premiums and $400,000 is
for the fifth fire fighter on trucks initiative; and $161,000 is for
the Child Fatality Review Committee established pursuant to the
Child Fatality Review Committee Establishment Emergency Act
of 2001 (D.C. Act 14–40) and the Child Fatality Review Committee
Establishment Temporary Act of 2001 (D.C. Bill 14–165).
In addition, of all funds in the District of Columbia Antitrust
Fund established pursuant to section 2 of the District of Columbia
Antitrust Act of 1980 (D.C. Law 3–169; D.C. Code, sec. 28–4516)
an amount not to exceed $52,000, of all funds in the Antifraud
Fund established pursuant to section 820 of the District of Columbia