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study, and shall include such other matters relating to the
study as the Comptroller General considers appropriate.
(c) CONGRESSIONAL
DEFENSE
COMMITTEES
DE-
FINED.—In this section, the term ‘‘congressional defense
committees’’ means—
(1) the Committees on Appropriations and
Armed Services of the Senate; and
(2) the Committees on Appropriations and
Armed Services of the House of Representatives.
SEC. 8215. PILOT PROGRAM FOR EFFICIENT INVEN-
TORY MANAGEMENT SYSTEM FOR THE DEPARTMENT OF
DEFENSE. (a) Of the total amount appropriated by this di-
vision for operation and maintenance, Defense-Wide,
$1,000,000 may be available for the Secretary of Defense
to carry out a pilot program for the development and oper-
ation of an efficient inventory management system for the
Department of Defense. The pilot program may be designed
to address the problems in the inventory management sys-
tem of the Department that were identified by the Comp-
troller General of the United States as a result of the Gen-
eral Accounting Office audit of the inventory management
system of the Department in 1997.
(b) In entering into any contract for purposes of the
pilot program, the Secretary may take into appropriate ac-
count current Department contract goals for small business
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concerns owned and controlled by socially and economically
disadvantaged individuals.
(c) Not later than one year after the date of the enact-
ment of this Act, the Secretary may submit to Congress a
report on the pilot program. The report shall describe the
pilot program, assess the progress of the pilot program, and
contain such recommendations as the Secretary considers
appropriate regarding expansion or extension of the pilot
program.
SEC. 8216. Of the amount appropriated by title IV of
this division under the heading ‘‘RESEARCH, DEVELOP-
MENT, TEST AND EVALUATION, NAVY’’, $2,000,000 may be
allocated to the Advanced Safety Tether Operation and Re-
liability/Space Transfer using Electrodynamic Propulsion
(STEP-AIRSEDS) program (PE0602236N) of the Office of
Naval Research/Navy Research Laboratory.
TITLE IX—AMERICAN SERVICE-
MEMBERS’ PROTECTION ACT
OF 2001
SEC. 9001. SHORT TITLE.
This 
title 
may 
be 
cited 
as 
the 
‘‘American
Servicemembers’ Protection Act of 2001’’.
SEC. 9002. FINDINGS.
Congress makes the following findings:
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(1) On July 17, 1998, the United Nations Diplo-
matic Conference of Plenipotentiaries on the Estab-
lishment of an International Criminal Court, meeting
in Rome, Italy, adopted the ‘‘Rome Statute of the
International Criminal Court’’. The vote on whether
to proceed with the statute was 120 in favor to 7
against, with 21 countries abstaining. The United
States voted against final adoption of the Rome Stat-
ute.
(2) As of April 30, 2001, 139 countries had
signed the Rome Statute and 30 had ratified it. Pur-
suant to Article 126 of the Rome Statute, the statute
will enter into force on the first day of the month
after the 60th day following the date on which the
60th country deposits an instrument ratifying the
statute.
(3) Since adoption of the Rome Statute, a Pre-
paratory Commission for the International Criminal
Court has met regularly to draft documents to imple-
ment the Rome Statute, including Rules of Procedure
and Evidence, Elements of Crimes, and a definition
of the Crime of Aggression.
(4) During testimony before the Congress fol-
lowing the adoption of the Rome Statute, the lead
United States negotiator, Ambassador David Scheffer
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stated that the United States could not sign the Rome
Statute because certain critical negotiating objectives
of the United States had not been achieved. As a re-
sult, he stated: ‘‘We are left with consequences that do
not serve the cause of international justice.’’
(5) Ambassador Scheffer went on to tell the Con-
gress that: ‘‘Multinational peacekeeping forces oper-
ating in a country that has joined the treaty can be
exposed to the Court’s jurisdiction even if the country
of the individual peacekeeper has not joined the trea-
ty. Thus, the treaty purports to establish an arrange-
ment whereby United States armed forces operating
overseas could be conceivably prosecuted by the inter-
national court even if the United States has not
agreed to be bound by the treaty. Not only is this con-
trary to the most fundamental principles of treaty
law, it could inhibit the ability of the United States
to use its military to meet alliance obligations and
participate in multinational operations, including
humanitarian interventions to save civilian lives.
Other contributors to peacekeeping operations will be
similarly exposed.’’.
(6) Notwithstanding these concerns, President
Clinton directed that the United States sign the Rome
Statute on December 31, 2000. In a statement issued
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that day, he stated that in view of the unremedied de-
ficiencies of the Rome Statute, ‘‘I will not, and do not
recommend that my successor submit the Treaty to
the Senate for advice and consent until our funda-
mental concerns are satisfied’’.
(7) Any American prosecuted by the Inter-
national Criminal Court will, under the Rome Stat-
ute, be denied procedural protections to which all
Americans are entitled under the Bill of Rights to the
United States Constitution, such as the right to trial
by jury.
(8) Members of the Armed Forces of the United
States should be free from the risk of prosecution by
the International Criminal Court, especially when
they are stationed or deployed around the world to
protect the vital national interests of the United
States. The United States Government has an obliga-
tion to protect the members of its Armed Forces, to
the maximum extent possible, against criminal pros-
ecutions carried out by the International Criminal
Court.
(9) In addition to exposing members of the
Armed Forces of the United States to the risk of inter-
national criminal prosecution, the Rome Statute cre-
ates a risk that the President and other senior elected
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and appointed officials of the United States Govern-
ment may be prosecuted by the International Crimi-
nal Court. Particularly if the Preparatory Commis-
sion agrees on a definition of the Crime of Aggression
over United States objections, senior United States of-
ficials may be at risk of criminal prosecution for na-
tional security decisions involving such matters as re-
sponding to acts of terrorism, preventing the pro-
liferation of weapons of mass destruction, and deter-
ring aggression. No less than members of the Armed
Forces of the United States, senior officials of the
United States Government should be free from the risk
of prosecution by the International Criminal Court,
especially with respect to official actions taken by
them to protect the national interests of the United
States.
(10) Any agreement within the Preparatory
Commission on a definition of the Crime of Aggres-
sion that usurps the prerogative of the United Nations
Security Council under Article 39 of the charter of the
United Nations to ‘‘determine the existence of any
. . . act of aggression’’ would contravene the charter
of the United Nations and undermine deterrence.
(11) It is a fundamental principle of inter-
national law that a treaty is binding upon its parties
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only and that it does not create obligations for non-
parties without their consent to be bound. The United
States is not a party to the Rome Statute and will
not be bound by any of its terms. The United States
will not recognize the jurisdiction of the International
Criminal Court over United States nationals.
SEC. 9003. WAIVER AND TERMINATION OF PROHIBITIONS
OF THIS TITLE.
(a) AUTHORITY TO WAIVE SECTIONS 9004 AND 9005
WITH RESPECT TO AN INVESTIGATION OR PROSECUTION OF
A NAMED INDIVIDUAL.—The President is authorized to
waive the prohibitions and requirements of sections 9004
and 9005 to the degree such prohibitions and requirements
would prevent United States cooperation with an investiga-
tion or prosecution of a named individual by the Inter-
national Criminal Court. A waiver under this subsection
may be issued only if the President at least 15 days in ad-
vance of exercising such authority—
(1) notifies the appropriate congressional com-
mittees of the intention to exercise such authority;
and
(2) determines and reports to the appropriate
congressional committees that—
(A) there is reason to believe that the named
individual committed the crime or crimes that
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are the subject of the International Criminal
Court’s investigation or prosecution;
(B) it is in the national interest of the
United States for the International Criminal
Court’s investigation or prosecution of the named
individual to proceed; and
(C) in investigating events related to ac-
tions by the named individual, none of the fol-
lowing persons will be investigated, arrested, de-
tained, prosecuted, or imprisoned by or on behalf
of the International Criminal Court with respect
to actions undertaken by them in an official ca-
pacity:
(i) Covered United States persons.
(ii) Covered allied persons.
(iii) Individuals who were covered
United States persons or covered allied per-
sons.
(b) 
TERMINATION
OF
PROHIBITIONS
OF
THIS
TITLE.—The prohibitions and requirements of sections
9004 and 9005 shall cease to apply, and the authority of
section 9006 shall terminate, if the United States becomes
a party to the International Criminal Court pursuant to
a treaty made under article II, section 2, clause 2 of the
Constitution of the United States.
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SEC. 9004. PROHIBITION ON COOPERATION WITH THE
INTERNATIONAL CRIMINAL COURT.
(a) APPLICATION.—The provisions of this section—
(1) apply only to cooperation with the Inter-
national Criminal Court and shall not apply to co-
operation with an ad hoc international criminal tri-
bunal established by the United Nations Security
Council before or after the date of the enactment of
this Act to investigate and prosecute war crimes com-
mitted in a specific country or during a specific con-
flict; and
(2) shall not prohibit—
(A) any action permitted under section
9006; or
(B) communication by the United States of
its policy with respect to a matter.
(b) PROHIBITION ON RESPONDING TO REQUESTS FOR
COOPERATION.—Notwithstanding section 1782 of title 28,
United States Code, or any other provision of law, no
United States Court, and no agency or entity of any State
or local government, including any court, may cooperate
with the International Criminal Court in response to a re-
quest for cooperation submitted by the International Crimi-
nal Court pursuant to the Rome Statute.
(c) PROHIBITION ON TRANSMITTAL OF LETTERS ROG-
ATORY FROM THE INTERNATIONAL CRIMINAL COURT.—
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Notwithstanding section 1781 of title 28, United States
Code, or any other provision of law, no agency of the United
States Government may transmit for execution any letter
rogatory issued, or other request for cooperation made, by
the International Criminal Court to the tribunal, officer,
or agency in the United States to whom it is addressed.
(d) PROHIBITION ON EXTRADITION TO THE INTER-
NATIONAL CRIMINAL COURT.—Notwithstanding any other
provision of law, no agency or entity of the United States
Government or of any State or local government may extra-
dite any person from the United States to the International
Criminal Court, nor support the transfer of any United
States citizen or permanent resident alien to the Inter-
national Criminal Court.
(e) PROHIBITION ON PROVISION OF SUPPORT TO THE
INTERNATIONAL CRIMINAL COURT.—Notwithstanding any
other provision of law, no agency or entity of the United
States Government or of any State or local government, in-
cluding any court, may provide support to the Inter-
national Criminal Court.
(f) PROHIBITION ON USE OF APPROPRIATED FUNDS
TO ASSIST THE INTERNATIONAL CRIMINAL COURT.—Not-
withstanding any other provision of law, no funds appro-
priated under any provision of law may be used for the
purpose of assisting the investigation, arrest, detention, ex-
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tradition, or prosecution of any United States citizen or
permanent resident alien by the International Criminal
Court.
(g) RESTRICTION ON ASSISTANCE PURSUANT TO MU-
TUAL LEGAL ASSISTANCE TREATIES.—The United States
shall exercise its rights to limit the use of assistance pro-
vided under all treaties and executive agreements for mu-
tual legal assistance in criminal matters, multilateral con-
ventions with legal assistance provisions, and extradition
treaties, to which the United States is a party, and in con-
nection with the execution or issuance of any letter roga-
tory, to prevent the transfer to, or other use by, the Inter-
national Criminal Court of any assistance provided by the
United States under such treaties and letters rogatory.
(h) PROHIBITION ON INVESTIGATIVE ACTIVITIES OF
AGENTS.—No agent of the International Criminal Court
may conduct, in the United States or any territory subject
to the jurisdiction of the United States, any investigative
activity relating to a preliminary inquiry, investigation,
prosecution, or other proceeding at the International Crimi-
nal Court.
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SEC. 9005. PROHIBITION ON DIRECT OR INDIRECT TRANS-
FER OF CLASSIFIED NATIONAL SECURITY IN-
FORMATION AND LAW ENFORCEMENT INFOR-
MATION TO THE INTERNATIONAL CRIMINAL
COURT.
(a) IN GENERAL.—Not later than the date on which
the Rome Statute enters into force, the President shall en-
sure that appropriate procedures are in place to prevent
the transfer of classified national security information and
law enforcement information to the International Criminal
Court for the purpose of facilitating an investigation, ap-
prehension, or prosecution.
(b) INDIRECT TRANSFER.—The procedures adopted
pursuant to subsection (a) shall be designed to prevent the
transfer to the United Nations and to the government of
any country that is party to the International Criminal
Court of classified national security information and law
enforcement information that specifically relates to matters
known to be under investigation or prosecution by the Inter-
national Criminal Court, except to the degree that satisfac-
tory assurances are received from the United Nations or
that government, as the case may be, that such information
will not be made available to the International Criminal
Court for the purpose of facilitating an investigation, ap-
prehension, or prosecution.
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(c) CONSTRUCTION.—The provisions of this section
shall not be construed to prohibit any action permitted
under section 9006.
SEC. 9006. AUTHORITY TO FREE MEMBERS OF THE ARMED
FORCES OF THE UNITED STATES AND CER-
TAIN OTHER PERSONS DETAINED OR IMPRIS-
ONED BY OR ON BEHALF OF THE INTER-
NATIONAL CRIMINAL COURT.
(a) AUTHORITY.—The President is authorized to use
all means necessary and appropriate to bring about the re-
lease of any person described in subsection (b) who is being
detained or imprisoned by, on behalf of, or at the request
of the International Criminal Court.
(b) PERSONS AUTHORIZED TO BE FREED.—The au-
thority of subsection (a) shall extend to the following per-
sons:
(1) Covered United States persons.
(2) Covered allied persons.
(3) Individuals detained or imprisoned for offi-
cial actions taken while the individual was a covered
United States person or a covered allied person, and
in the case of a covered allied person, upon the re-
quest of such government.
(c) AUTHORIZATION OF LEGAL ASSISTANCE.—When
any person described in subsection (b) is arrested, detained,
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investigated, prosecuted, or imprisoned by, on behalf of, or
at the request of the International Criminal Court, the
President is authorized to direct any agency of the United
States Government to provide—
(1) legal representation and other legal assist-
ance to that person (including, in the case of a person
entitled to assistance under section 1037 of title 10,
United States Code, representation and other assist-
ance in the manner provided in that section);
(2) exculpatory evidence on behalf of that person;
and
(3) defense of the interests of the United States
through appearance before the International Criminal
Court pursuant to Article 18 or 19 of the Rome Stat-
ute, or before the courts or tribunals of any country.
(d) BRIBES AND OTHER INDUCEMENTS NOT AUTHOR-
IZED.—This section does not authorize the payment of
bribes or the provision of other such incentives to induce
the release of a person described in subsection (b).
SEC. 9007. ALLIANCE COMMAND ARRANGEMENTS.
(a) REPORT
ON
ALLIANCE
COMMAND
ARRANGE-
MENTS.—Not later than 6 months after the date of the en-
actment of this Act, the President should transmit to the
appropriate congressional committees a report with respect
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to each military alliance to which the United States is
party—
(1) describing the degree to which members of the
Armed Forces of the United States may, in the con-
text of military operations undertaken by or pursuant
to that alliance, be placed under the command or
operational control of foreign military officers subject
to the jurisdiction of the International Criminal
Court because they are nationals of a party to the
International Criminal Court; and
(2) evaluating the degree to which members of
the Armed Forces of the United States engaged in
military operations undertaken by or pursuant to
that alliance may be exposed to greater risks as a re-
sult of being placed under the command or oper-
ational control of foreign military officers subject to
the jurisdiction of the International Criminal Court.
(b) DESCRIPTION OF MEASURES TO ACHIEVE EN-
HANCED PROTECTION
FOR MEMBERS
OF
THE ARMED
FORCES OF THE UNITED STATES.—Not later than one year
after the date of the enactment of this Act, the President
should transmit to the appropriate congressional commit-
tees a description of modifications to command and oper-
ational control arrangements within military alliances to
which the United States is a party that could be made in
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order to reduce any risks to members of the Armed Forces
of the United States identified pursuant to subsection
(a)(2).
(c) SUBMISSION IN CLASSIFIED FORM.—The report
under subsection (a), and the description of measures under
subsection (b), or appropriate parts thereof, may be sub-
mitted in classified form.
SEC. 9008. WITHHOLDINGS.
Funds withheld from the United States share of assess-
ments to the United Nations or any other international or-
ganization during any fiscal year pursuant to section 705
of the Admiral James W. Nance and Meg Donovan Foreign
Relations Authorization Act, Fiscal Years 2000 and 2001
(as enacted by section 1000(a)(7) of Public Law 106–113;
113 Stat. 1501A–460), are authorized to be transferred to
the Embassy Security, Construction and Maintenance Ac-
count of the Department of State.
SEC. 9009. APPLICATION OF SECTIONS 9004 AND 9005 TO EX-
ERCISE OF CONSTITUTIONAL AUTHORITIES.
(a) IN GENERAL.—Sections 9004 and 9005 shall not
apply to any action or actions with respect to a specific
matter involving the International Criminal Court taken
or directed by the President on a case-by-case basis in the
exercise of the President’s authority as Commander in Chief
of the Armed Forces of the United States under article II,
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section 2 of the United States Constitution or in the exercise
of the executive power under article II, section 1 of the
United States Constitution.
(b) NOTIFICATION TO CONGRESS.—
(1) IN GENERAL.—Subject to paragraph (2), not
later than 15 days after the President takes or directs
an action or actions described in subsection (a) that
would otherwise be prohibited under section 9004 or
9005, the President shall submit a notification of such
action to the appropriate congressional committees. A
notification under this paragraph shall include a de-
scription of the action, a determination that the ac-
tion is in the national interest of the United States,
and a justification for the action.
(2) EXCEPTION.—If the President determines
that a full notification under paragraph (1) could
jeopardize the national security of the United States
or compromise a United States law enforcement ac-
tivity, not later than 15 days after the President takes
or directs an action or actions referred to in para-
graph (1) the President shall notify the appropriate
congressional committees that an action has been
taken and a determination has been made pursuant
to this paragraph. The President shall provide a full
notification under paragraph (1) not later than 15
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days after the reasons for the determination under
this paragraph no longer apply.
(c) CONSTRUCTION.—Nothing in this section shall be
construed as a grant of statutory authority to the President
to take any action.
SEC. 9010. NONDELEGATION.
The authorities vested in the President by sections
9003 and 9009(a) may not be delegated by the President
pursuant to section 301 of title 3, United States Code, or
any other provision of law.
SEC. 9011. DEFINITIONS.
As used in this title and in section 706 of the Admiral
James W. Nance and Meg Donovan Foreign Relations Au-
thorization Act, Fiscal Years 2000 and 2001:
(1) 
APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional commit-
tees’’ means the Committee on International Relations
of the House of Representatives and the Committee on
Foreign Relations of the Senate.
(2) CLASSIFIED NATIONAL SECURITY INFORMA-
TION.—The term ‘‘classified national security infor-
mation’’ means information that is classified or clas-
sifiable under Executive Order 12958 or a successor
Executive order.
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(3) COVERED ALLIED PERSONS.—The term ‘‘cov-
ered allied persons’’ means military personnel, elected
or appointed officials, and other persons employed by
or working on behalf of the government of a NATO
member country, a major non-NATO ally (including
Australia, Egypt, Israel, Japan, Jordan, Argentina,
the Republic of Korea, and New Zealand), or Taiwan,
for so long as that government is not a party to the
International Criminal Court and wishes its officials
and other persons working on its behalf to be exempt-
ed from the jurisdiction of the International Criminal
Court.
(4) COVERED
UNITED
STATES
PERSONS.—The
term ‘‘covered United States persons’’ means members
of the Armed Forces of the United States, elected or
appointed officials of the United States Government,
and other persons employed by or working on behalf
of the United States Government, for so long as the
United States is not a party to the International
Criminal Court.
(5) EXTRADITION.—The terms ‘‘extradition’’ and
‘‘extradite’’ mean the extradition of a person in ac-
cordance with the provisions of chapter 209 of title
18, United States Code, (including section 3181(b) of
such title) and such terms include both extradition
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and surrender as those terms are defined in Article
102 of the Rome Statute.
(6) INTERNATIONAL CRIMINAL COURT.—The term
‘‘International Criminal Court’’ means the court es-
tablished by the Rome Statute.
(7) MAJOR NON-NATO ALLY.—The term ‘‘major
non-NATO ally’’ means a country that has been so
designated in accordance with section 517 of the For-
eign Assistance Act of 1961.
(8) PARTICIPATE IN ANY PEACEKEEPING OPER-
ATION UNDER CHAPTER VI OF THE CHARTER OF THE
UNITED
NATIONS
OR
PEACE
ENFORCEMENT
OPER-
ATION UNDER CHAPTER VII OF THE CHARTER OF THE
UNITED
NATIONS.—The term ‘‘participate in any
peacekeeping operation under chapter VI of the char-
ter of the United Nations or peace enforcement oper-
ation under chapter VII of the charter of the United
Nations’’ means to assign members of the Armed
Forces of the United States to a United Nations mili-
tary command structure as part of a peacekeeping op-
eration under chapter VI of the charter of the United
Nations or peace enforcement operation under chapter
VII of the charter of the United Nations in which
those members of the Armed Forces of the United
States are subject to the command or operational con-
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trol of one or more foreign military officers not ap-
pointed in conformity with article II, section 2,
clause 2 of the Constitution of the United States.
(9) PARTY
TO
THE
INTERNATIONAL
CRIMINAL
COURT.—The term ‘‘party to the International Crimi-
nal Court’’ means a government that has deposited an
instrument of ratification, acceptance, approval, or
accession to the Rome Statute, and has not with-
drawn from the Rome Statute pursuant to Article 127
thereof.
(10) PEACEKEEPING OPERATION UNDER CHAP-
TER VI OF THE CHARTER OF THE UNITED NATIONS
OR PEACE ENFORCEMENT OPERATION UNDER CHAP-
TER
VII
OF
THE
CHARTER
OF
THE
UNITED
NA-
TIONS.—The term ‘‘peacekeeping operation under
chapter VI of the charter of the United Nations or
peace enforcement operation under chapter VII of the
charter of the United Nations’’ means any military
operation to maintain or restore international peace
and security that—
(A) is authorized by the United Nations Se-
curity Council under chapter VI or VII of the
charter of the United Nations; and
(B) is paid for from assessed contributions
of United Nations members that are made avail-
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able for peacekeeping or peace enforcement ac-
tivities.
(11) ROME STATUTE.—The term ‘‘Rome Statute’’
means the Rome Statute of the International Crimi-
nal Court, adopted by the United Nations Diplomatic
Conference of Plenipotentiaries on the Establishment
of an International Criminal Court on July 17, 1998.
(12) SUPPORT.—The term ‘‘support’’ means as-
sistance of any kind, including financial support,
transfer of property or other material support, serv-
ices, intelligence sharing, law enforcement coopera-
tion, the training or detail of personnel, and the ar-
rest or detention of individuals.
(13) UNITED STATES MILITARY ASSISTANCE.—
The term ‘‘United States military assistance’’
means—
(A) assistance provided under chapter 2 or
5 of part II of the Foreign Assistance Act of
1961 (22 U.S.C. 2151 et seq.); or
(B) defense articles or defense services fur-
nished with the financial assistance of the
United States Government, including through
loans and guarantees, under section 23 of the
Arms Export Control Act (22 U.S.C. 2763).
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SEC. 9012. PERIOD OF EFFECTIVENESS OF THE TITLE.
Except as otherwise provided in this title, the provi-
sions of this title shall take effect on the date of enactment
of this Act and remain in effect without regard to the expi-
ration of fiscal year 2002.
This division may be cited as the ‘‘Department of De-
fense Appropriations Act, 2002’’.
DIVISION 
B—TRANSFERS 
FROM 
THE 
EMER-
GENCY RESPONSE FUND PURSUANT TO PUB-
LIC LAW 107–38
The funds appropriated in Public Law 107–38 subject
to subsequent enactment and previously designated as an
emergency by the President and Congress under the Bal-
anced Budget and Emergency Deficit Control Act of 1985,
are transferred to the following chapters and accounts as
follows:
CHAPTER 1
DEPARTMENT OF AGRICULTURE
OFFICE OF THE SECRETARY
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Office
of the Secretary’’, $80,919,000, to remain available until
expended, to be obligated from amounts made available in
Public Law 107–38.
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AGRICULTURAL RESEARCH SERVICE
SALARIES AND EXPENSES
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Sala-
ries and Expenses’’, $70,000,000, to remain available until
expended, to be obligated from amounts made available in
Public Law 107–38.
BUILDINGS AND FACILITIES
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Build-
ings and Facilities’’, $73,000,000, to remain available until
expended, to be obligated from amounts made available in
Public Law 107–38.
COOPERATIVE STATE RESEARCH, EDUCATION, AND
EXTENSION SERVICE
RESEARCH AND EDUCATION
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Re-
search and Education’’, $50,000,000, to remain available
until expended, to be obligated from amounts made avail-
able in Public Law 107–38.
ANIMAL AND PLANT HEALTH INSPECTION SERVICE
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Sala-
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ries and Expenses’’, $95,000,000, to remain available until
expended, to be obligated from amounts made available in
Public Law 107–38, of which $50,000,000 may be trans-
ferred and merged with the Agriculture Quarantine Inspec-
tion User Fee Account.
BUILDINGS AND FACILITIES
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Build-
ings and Facilities’’, $14,081,000, to remain available until
expended, to be obligated from amounts made available in
Public Law 107–38.
FOOD SAFETY AND INSPECTION SERVICE
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Food
Safety and Inspection Service’’, $15,000,000, to remain
available until expended, to be obligated from amounts
made available in Public Law 107–38.
FOOD AND NUTRITION SERVICE
SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR
WOMEN, INFANTS, AND CHILDREN (WIC)
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Spe-
cial Supplemental Nutrition Program for Women, Infants,
and Children (WIC)’’, $39,000,000, to remain available
until September 30, 2003, to be obligated from amounts
made available in Public Law 107–38: Provided, That of
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the amounts provided in this Act and any amounts avail-
able for reallocation in fiscal year 2002, the Secretary shall
reallocate funds under section 17(g)(2) of the Child Nutri-
tion 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, and starting no later than March 1, 2002, such
reallocation shall occur no less frequently than every other
month throughout the fiscal year.
DEPARTMENT OF HEALTH AND HUMAN
SERVICES
FOOD AND DRUG ADMINISTRATION
SALARIES AND EXPENSES
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Sala-
ries and Expenses’’, $127,000,000, to remain available until
expended, to be obligated from amounts made available in
Public Law 107–38.
RELATED AGENCY
COMMODITY FUTURES TRADING COMMISSION
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Com-
modity Futures Trading Commission’’, $10,000,000, to re-
main available until expended, to be obligated from
amounts made available in Public Law 107–38.
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GENERAL PROVISION, THIS CHAPTER
SEC. 101. Section 741(b) of the Agriculture, Rural De-
velopment, Food and Drug Administration, and Related
Agencies Appropriations Act, 2002 (P.L. 107–76), is
amended by striking ‘‘20,000,000 pounds’’ and inserting
‘‘5,000,000 pounds’’.
CHAPTER 2
DEPARTMENT OF JUSTICE
GENERAL ADMINISTRATION
PATRIOT ACT ACTIVITIES
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Patriot
Act Activities’’, $25,000,000, to remain available until ex-
pended, to be obligated from amounts made available in
Public Law 107–38, of which $2,000,000 shall be for a feasi-
bility report, as authorized by Section 405 of Public Law
107–56, and of which $23,000,000 shall be for implementa-
tion of such enhancements as are deemed necessary: Pro-
vided, That funding for the implementation of such en-
hancements shall be treated as a reprogramming under sec-
tion 605 of Public Law 107–77 and shall not be available
for obligation or expenditure except in compliance with the
procedures set forth in that section.
ADMINISTRATIVE REVIEW AND APPEALS
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Ad-
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ministrative Review and Appeals’’, $3,500,000, to remain
available until expended, to be obligated from amounts
made available in Public Law 107–38.
LEGAL ACTIVITIES
SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Sala-
ries and Expenses, General Legal Activities’’, $21,250,000,
to remain available until expended, to be obligated from
amounts made available in Public Law 107–38, of which
$15,000,000 shall be for a cyber security initiative.
SALARIES AND EXPENSES, UNITED STATES ATTORNEYS
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Sala-
ries and Expenses, United States Attorneys’’, $74,600,000,
to remain available until expended, to be obligated from
amounts made available in Public Law 107–38.
SALARIES AND EXPENSES, UNITED STATES MARSHALS
SERVICE
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Sala-
ries and Expenses, United States Marshals Service’’,
$26,100,000, to remain available until expended, to be obli-
gated from amounts made available in Public Law 107–
38, of which $9,125,000 shall be for courthouse security
equipment.
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CONSTRUCTION
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Con-
struction’’, $35,000,000, to remain available until ex-
pended, to be obligated from amounts made available in
Public Law 107–38.
FEDERAL BUREAU OF INVESTIGATION
SALARIES AND EXPENSES
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Sala-
ries and Expenses’’, $654,500,000, to remain available until
expended, to be obligated from amounts made available in
Public Law 107–38, of which $10,283,000 is for the refur-
bishing of the Engineering and Research Facility and
$14,135,000 is for the decommissioning and renovation of
former laboratory space in the Hoover building, of which
$66,000,000 shall be for a cyber security initiative at the
National Infrastructure Protection Center.
IMMIGRATION AND NATURALIZATION SERVICE
SALARIES AND EXPENSES
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States and for all
costs associated with the reorganization of the Immigration
and Naturalization Service, for ‘‘Salaries and Expenses’’,
$449,800,000, to remain available until expended, to be ob-
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ligated from amounts made available in Public Law 107–
38, of which $10,000,000 shall be for additional border pa-
trols along the Southwest border, of which $55,800,000 shall
be for additional inspectors and support staff on the north-
ern border, and of which $23,900,000 shall be for transfer
of and additional border patrols and support staff on the
northern border.
CONSTRUCTION
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Con-
struction’’, $99,600,000, to remain available until ex-
pended, to be obligated from amounts made available in
Public Law 107–38.
OFFICE OF JUSTICE PROGRAMS
JUSTICE ASSISTANCE
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Justice
Assistance’’, $400,000,000, to remain available until ex-
pended, for grants, cooperative agreements, and other assist-
ance authorized by sections 819 and 821 of the
Antiterrorism and Effective Death Penalty Act of 1996 and
section 1014 of the USA PATRIOT ACT (Public Law 107–
56) and for other counter terrorism programs, to be obli-
gated from amounts made available in Public Law 107–
38, 
of 
which 
$9,800,000 
is 
for 
an 
aircraft 
for
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counterterrorism and other required activities for the City
of New York.
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States,
$245,900,000 shall be for discretionary grants under the
Edward Byrne Memorial State and Local Law Enforce-
ment Assistance Program, of which $81,700,000 shall be for
Northern Virginia, of which $81,700,000 shall be for New
Jersey, of which $56,500,000 shall be for Maryland, of
which $17,000,000 shall be for a grant for the Utah Olym-
pic Public Safety Command for security equipment and in-
frastructure related to the 2002 Winter Olympics, including
the Paralympics and related events, and of which
$9,000,000 shall be made available for discretionary grants
to State and local law enforcement agencies to establish or
enhance cybercrime units aimed at investigating and pros-
ecuting cybersecurity offenses, to remain available until ex-
pended, and to be obligated from amounts made available
in Public Law 107–38.
CRIME VICTIMS FUND
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Crime
Victims Fund’’, $68,100,000, to remain available until ex-
pended, to be obligated from amounts made available in
Public Law 107–38.
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DEPARTMENT OF COMMERCE
INTERNATIONAL TRADE ADMINISTRATION
OPERATIONS AND ADMINISTRATION
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Oper-
ations and Administration’’, $1,500,000, to remain avail-
able until expended, to be obligated from amounts made
available in Public Law 107–38.
EXPORT ADMINISTRATION
OPERATIONS AND ADMINISTRATION
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Oper-
ations and Administration’’, $1,756,000, to remain avail-
able until expended, to be obligated from amounts made
available in Public Law 107–38.
ECONOMIC DEVELOPMENT ADMINISTRATION
SALARIES AND EXPENSES
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Sala-
ries and Expenses’’, $335,000, to remain available until ex-
pended, to be obligated from amounts made available in
Public Law 107–38.
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CONSTRUCTION OF RESEARCH FACILITIES
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Con-
struction of Research Facilities’’, $1,225,000, to remain
available until expended, to be obligated from amounts
made available in Public Law 107–38.
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
OPERATIONS, RESEARCH AND FACILITIES
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Oper-
ations, Research and Facilities’’, $2,750,000, to remain
available until expended, to be obligated from amounts
made available in Public Law 107–38.
DEPARTMENTAL MANAGEMENT
SALARIES AND EXPENSES
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Sala-
ries and Expenses’’, $881,000, to remain available until ex-
pended, to be obligated from amounts made available in
Public Law 107–38.
THE JUDICIARY
SUPREME COURT OF THE UNITED STATES
CARE OF THE BUILDINGS AND GROUNDS
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Care
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of the Buildings and Grounds’’, $30,000,000, to remain
available until expended for security enhancements, to be
obligated from amounts made available in Public Law 107–
38.
COURT OF APPEALS, DISTRICT COURTS, AND OTHER
JUDICIAL SERVICES
SALARIES AND EXPENSES
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Sala-
ries and Expenses’’, $5,000,000, is for Emergency Commu-
nications Equipment, to remain available until expended,
to be obligated from amounts made available in Public Law
107–38.
COURT SECURITY
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Court
Security’’, $57,521,000, to remain available until expended,
to be obligated from amounts made available in Public Law
107–38, for security of the Federal judiciary, of which not
less than $4,000,000 shall be available to reimburse the
United States Marshals Service for a Supervisory Deputy
Marshal responsible for coordinating security in each judi-
cial district and circuit: Provided, That the funds may be
expended directly or transferred to the United States Mar-
shals Service.
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ADMINISTRATIVE OFFICE OF THE UNITED STATES
COURTS
SALARIES AND EXPENSES
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Sala-
ries and Expenses’’, $2,879,000, to remain available until
expended, to enhance security at the Thurgood Marshall
Federal Judiciary Building, to be obligated from amounts
made available in Public Law 107–38.
RELATED AGENCIES
DEPARTMENT OF TRANSPORTATION
MARITIME ADMINISTRATION
OPERATIONS AND TRAINING
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Oper-
ations and Training’’, $11,000,000, for a port security pro-
gram, to remain available until expended, to be obligated
from amounts made available in Public Law 107–38.
MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM
ACCOUNT
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for the cost
of guaranteed loans, as authorized by the Merchant Marine
Act, 1936, $12,000,000, to remain available until expended,
to be obligated from amounts made available in Public Law
107–38: Provided, That such costs, including the cost of
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modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974, as amended.
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
SALARIES AND EXPENSES
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Sala-
ries and Expenses’’, $1,301,000, to remain available until
expended, to be obligated from amounts made available in
Public Law 107–38.
SECURITIES AND EXCHANGE COMMISSION
SALARIES AND EXPENSES
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Sala-
ries and Expenses’’, $20,705,000, to remain available until
expended, to be obligated from amounts made available in
Public Law 107–38.
SMALL BUSINESS ADMINISTRATION
BUSINESS LOANS PROGRAM ACCOUNT
For emergency expenses for disaster recovery activities
and assistance related to the terrorist acts in New York,
Virginia and Pennsylvania on September 11, 2001, for
‘‘Business Loans Program Account’’, $75,000,000, for the
cost of loan subsidies and for loan modifications as author-
ized by section 202 of this Act, to remain available until
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expended, to be obligated from amounts made available in
Public Law 107–38.
DISASTER LOANS PROGRAM ACCOUNT
For emergency expenses for disaster recovery activities
and assistance related to the terrorist acts in New York,
Virginia and Pennsylvania on September 11, 2001, for
‘‘Disaster Loans Program Account’’, $75,000,000, for the
cost of loan subsidies and for loan modifications as author-
ized by section 201 of this Act, to remain available until
expended, to be obligated from amounts made available in
Public Law 107–38.
GENERAL PROVISIONS, THIS CHAPTER
SEC. 201. For purposes of assistance available under
section 7(b)(2) and (4) of the Small Business Act (15 U.S.C.
636(b)(2) and (4)) to small business concerns located in dis-
aster areas declared as a result of the September 11, 2001,
terrorist attacks—
(i) the term ‘‘small business concern’’ shall in-
clude not-for-profit institutions and small business
concerns described in United States Industry Codes
522320, 522390, 523210, 523920, 523991, 524113,
524114, 524126, 524128, 524210, 524291, 524292,
and 524298 of the North American Industry Classi-
fication System (as described in 13 C.F.R. 121.201,
as in effect on January 2, 2001);
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(ii) the Administrator may apply such size
standards as may be promulgated under such section
121.201 after the date of enactment of this provision,
but no later than one year following the date of enact-
ment of this Act; and
(iii) payments of interest and principal shall be
deferred, and no interest shall accrue during the two-
year period following the issuance of such disaster
loan.
SEC. 202. Notwithstanding any other provision of law,
the limitation on the total amount of loans under section
7(b) of the Small Business Act (15 U.S.C. 636(b)) out-
standing and committed to a borrower in the disaster areas
declared in response to the September 11, 2001, terrorist
attacks shall be increased to $10,000,000 and the Adminis-
trator shall, in lieu of the fee collected under section
7(a)(23)(A) of the Small Business Act (15 U.S.C.
636(a)(23)(A)), collect an annual fee of 0.25 percent of the
outstanding balance of deferred participation loans made
under section 7(a) to small businesses adversely affected by
the September 11, 2001, terrorist attacks and their after-
math, for a period of one year following the date of enact-
ment and to the extent the costs of such reduced fees are
offset by appropriations provided by this Act.
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SEC. 203. Not later than April 1, 2002, the Secretary
of State shall submit to the Committees on Appropriations,
in both classified and unclassified form, a report on the
United States-People’s Republic of China Science and Tech-
nology Agreement of 1979, including all protocols. The re-
port is intended to provide a comprehensive evaluation of
the benefits of the agreement to the Chinese economy, mili-
tary, and defense industrial base. The report shall include
the following elements:
(1) an accounting of all activities conducted
under the Agreement for the past five years, and a
projection of activities to be undertaken through 2010;
(2) an estimate of the annual cost to the United
States to administer the Agreement;
(3) an assessment of how the Agreement has in-
fluenced the policies of the People’s Republic of China
toward scientific and technological cooperation with
the United States;
(4) an analysis of the involvement of Chinese nu-
clear weapons and military missile specialists in the
activities of the Joint Commission;
(5) a determination of the extent to which the ac-
tivities conducted under the Agreement have enhanced
the military and industrial base of the People’s Re-
public of China, and an assessment of the impact of
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projected activities through 2010, including transfers
of technology, on China’s economic and military ca-
pabilities; and
(6) recommendations on improving the moni-
toring of the activities of the Commission by the Sec-
retaries of Defense and State.
The report shall be developed in consultation with the
Secretaries of Commerce, Defense, and Energy, the Direc-
tors of the National Science Foundation and the Federal
Bureau of Investigation, and the intelligence community.
SEC. 204. From within funds available to the State
of Alaska or the Alaska Region of the National Marine Fish-
eries Service, an additional $500,000 may be made avail-
able for the cost of guaranteeing the reduction loan author-
ized under section 144(d)(4)(A) of title I, division B of Pub-
lic Law 106–554 (114 Stat. 2763A–242) and that subpara-
graph is amended to read as follows: ‘‘(4)(A) The fishing
capacity reduction program required under this subsection
is authorized to be financed through a reduction loan of
$100,000,000 under sections 1111 and 1112 of title XI of
the Merchant Marine Act, 1936 (46 U.S.C. App. 1279f and
1279g).’’.
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SMALL BUSINESS ADMINISTRATION
DISASTER LOAN PROGRAM ACCOUNT
SEC. 205. Of the amount made available under this
heading in the Departments of Commerce, Justice, and
State, the Judiciary, and Related Agencies Appropriations
Act, 2002 (Public Law 107–77), for administrative expenses
to carry out the direct loan program, $5,000,000 shall be
made available for necessary expenses of the HUBZone pro-
gram as authorized by section 31 of the Small Business Act,
as amended (15 U.S.C. 657a), of which, not more than
$500,000 may be used for the maintenance and operation
of the Procurement Marketing and Access Network (PRO-
Net). The Administrator of the Small Business Administra-
tion shall make quarterly reports to the Committees on Ap-
propriations of the Senate and the House of Representa-
tives, the Committee on Small Business and Entrepreneur-
ship of the Senate, and the Committee on Small Business
of the House of Representatives regarding all actions taken
by the Small Business Administration to address the defi-
ciencies in the HUBZone program, as identified by the
General Accounting Office in report number GAO–02–57
of October 26, 2001.
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CHAPTER 3
DEPARTMENT OF DEFENSE
OPERATION AND MAINTENANCE
DEFENSE EMERGENCY RESPONSE FUND
For emergency expenses to respond to the September
11, 2001 terrorist attacks on the United States, for ‘‘Defense
Emergency Response Fund’’, $1,525,000,000, to remain
available until expended, to be obligated from amounts
made available by Public Law 107–38: Provided, That
$20,000,000 shall be made available for the National Infra-
structure Simulation and Analysis Center (NISAC): Pro-
vided further, That $500,000 shall be made available only
for the White House Commission on the National Moment
of Remembrance: Provided further, That—
(1) $35,000,000 shall be available for the pro-
curement of the Advance Identification Friend-or-Foe
system for integration into F–16 aircraft of the Air
National Guard that are being used in continuous air
patrols over Washington, District of Columbia, and
New York, New York; and
(2) $20,000,000 shall be available for the pro-
curement of the Transportation Multi-Platform Gate-
way for integration into the AWACS aircraft that are
being used to perform early warning surveillance over
the United States.
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GENERAL PROVISIONS, THIS CHAPTER
SEC. 301. Amounts available in the ‘‘Defense Emer-
gency Response Fund’’ shall be available for the purposes
set forth in the 2001 Emergency Supplemental Appropria-
tions Act for Recovery from and Response to Terrorist At-
tacks on the United States (Public Law 107–38): Provided,
That the Fund may be used to reimburse other appropria-
tions or funds of the Department of Defense only for costs
incurred for such purposes between September 11 and De-
cember 31, 2001: Provided further, That such Fund may
be used to liquidate obligations incurred by the Department
under the authorities in 41 U.S.C. 11 for any costs incurred
for such purposes between September 11 and September 30,
2001: Provided further, That the Secretary of Defense may
transfer funds from the Fund to the appropriation, ‘‘Sup-
port for International Sporting Competitions, Defense’’, to
be merged with, and available for the same time period and
for the same purposes as that appropriation: Provided fur-
ther, That the transfer authority provided by this section
is in addition to any other transfer authority available to
the Secretary of Defense: Provided further, That the Sec-
retary of Defense shall report to the Congress quarterly all
transfers made pursuant to this authority.
SEC. 302. Amounts in the ‘‘Support for International
Sporting Competitions, Defense’’, may be used to support
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essential security and safety for the 2002 Winter Olympic
Games in Salt Lake City, Utah, without the certification
required under subsection 10 U.S.C. 2564(a). Further, the
term ‘‘active duty’’, in section 5802 of Public Law 104–
208 shall include State active duty and full-time National
Guard duty performed by members of the Army National
Guard and Air National Guard in connection with pro-
viding essential security and safety support to the 2002
Winter Olympic Games and logistical and security support
to the 2002 Paralympic Games.
SEC. 303. Funds appropriated by this Act, or made
available by the transfer of funds in this Act, for intelligence
activities are deemed to be specifically authorized by the
Congress for purposes of section 504 of the National Secu-
rity Act of 1947 (50 U.S.C. 414).
CHAPTER 4
DISTRICT OF COLUMBIA
FEDERAL FUNDS
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA FOR
PROTECTIVE CLOTHING AND BREATHING APPARATUS
For a Federal payment to the District of Columbia
for protective clothing and breathing apparatus, to be obli-
gated from amounts made available in Public Law 107–
38 and to remain available until September 30, 2003,
$7,144,000, of which $922,000 is for the Fire and Emer-
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gency Medical Services Department, $4,269,000 is for the
Metropolitan Police Department, $1,500,000 is for the De-
partment of Health, and $453,000 is for the Department
of Public Works.
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA FOR
SPECIALIZED HAZARDOUS MATERIALS EQUIPMENT
For a Federal payment to the District of Columbia
for specialized hazardous materials equipment, to be obli-
gated from amounts made available in Public Law 107–
38 and to remain available until September 30, 2003,
$1,032,000, for the Fire and Emergency Medical Services
Department.
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA FOR
CHEMICAL AND BIOLOGICAL WEAPONS PREPAREDNESS
For a Federal payment to the District of Columbia
for chemical and biological weapons preparedness, to be ob-
ligated from amounts made available in Public Law 107–
38 and to remain available until September 30, 2003,
$10,355,000, of which $205,000 is for the Fire and Emer-
gency Medical Services Department, $258,000 is for the
Metropolitan Police Department, and $9,892,000 is for the
Department of Health.
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FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA FOR
PHARMACEUTICALS FOR RESPONDERS
For a Federal payment to the District of Columbia
for pharmaceuticals for responders, to be obligated from
amounts made available in Public Law 107–38 and to re-
main available until September 30, 2003, $2,100,000, for
the Department of Health.
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA FOR
RESPONSE AND COMMUNICATIONS CAPABILITY
For a Federal payment to the District of Columbia
for response and communications capability, to be obligated
from amounts made available in Public Law 107–38 and
to remain available until September 30, 2003, $14,960,000,
of which $7,755,000 is for the Fire and Emergency Medical
Services Department, $5,855,000 is for the Metropolitan
Police Department, $113,000 is for the Department of Pub-
lic Works Division of Transportation, $58,000 is for the Of-
fice of Property Management, $60,000 is for the Depart-
ment of Public Works, $750,000 is for the Department of
Health, $309,000 is for the Department of Human Services,
and $60,000 is for the Department of Parks and Recreation.
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FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA FOR
SEARCH, RESCUE AND OTHER EMERGENCY EQUIP-
MENT AND SUPPORT
For a Federal payment to the District of Columbia,
to be obligated from amounts made available in Public Law
107–38 and to remain available until September 30, 2003,
for search, rescue and other emergency equipment and sup-
port, $8,850,000, of which $5,442,000 is for the Metropoli-
tan Police Department, $208,000 is for the Fire and Emer-
gency Medical Services Department, $398,500 is for the De-
partment of Consumer and Regulatory Affairs, $1,178,500
is for the Department of Public Works, $542,000 is for the
Department of Human Services, and $1,081,000 is for the
Department of Mental Health.
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA FOR
EQUIPMENT, SUPPLIES AND VEHICLES FOR THE OF-
FICE OF THE CHIEF MEDICAL EXAMINER
For a Federal payment to the District of Columbia,
to be obligated from amounts made available in Public Law
107–38 and to remain available until September 30, 2003,
for equipment, supplies and vehicles for the Office of the
Chief Medical Examiner, $1,780,000.
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FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA FOR
HOSPITAL CONTAINMENT FACILITIES FOR THE DE-
PARTMENT OF HEALTH
For a Federal payment to the District of Columbia,
to be obligated from amounts made available in Public Law
107–38 and to remain available until September 30, 2003,
for hospital containment facilities for the Department of
Health, $8,000,000.
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA FOR
THE OFFICE OF THE CHIEF TECHNOLOGY OFFICER
For a Federal payment to the District of Columbia,
to be obligated from amounts made available in Public Law
107–38 and to remain available until September 30, 2003,
for the Office of the Chief Technology Officer, $43,994,000,
for a first response land-line and wireless interoperability
project, of which $1,000,000 shall be used to initiate a com-
prehensive review, by a non-vendor contractor, of the Dis-
trict’s current technology-based systems and to develop a
plan for integrating the communications systems of the Dis-
trict of Columbia Metropolitan Police and Fire and Emer-
gency Medical Services Departments with the systems of re-
gional and federal law enforcement agencies, including but
not limited to the United States Capitol Police, United
States Park Police, United States Secret Service, Federal
Bureau of Investigation, Federal Protective Service, and the
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Washington Metropolitan Area Transit Authority Police:
Provided, That such plan shall be submitted to the Commit-
tees on Appropriations of the Senate and the House of Rep-
resentatives no later than June 15, 2002.
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA FOR
EMERGENCY TRAFFIC MANAGEMENT
For a Federal payment to the District of Columbia,
to be obligated from amounts made available in Public Law
107–38 and to remain available until September 30, 2003,
for emergency traffic management, $20,700,000, for the De-
partment of Public Works Division of Transportation, of
which $14,000,000 is to upgrade traffic light controllers,
$4,700,000 is to establish a video traffic monitoring system,
and $2,000,000 is to disseminate traffic information.
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA FOR
TRAINING AND PLANNING
For a Federal payment to the District of Columbia,
to be obligated from amounts made available in Public Law
107–38 and to remain available until September 30, 2003,
for training and planning, $11,449,000, of which
$4,400,000 is for the Fire and Emergency Medical Services
Department, $990,000 is for the Metropolitan Police De-
partment, $1,200,000 is for the Department of Health,
$200,000 is for the Office of the Chief Medical Examiner,
$1,500,000 is for the Emergency Management Agency,
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$500,000 is for the Office of Property Management,
$500,000 is for the Department of Mental Health, $469,000
is for the Department of Consumer and Regulatory Affairs,
$240,000 is for the Department of Public Works, $600,000
is for the Department of Human Services, $100,000 is for
the Department of Parks and Recreation, $750,000 is for
the Division of Transportation.
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA FOR
INCREASED SECURITY
For a Federal payment to the District of Columbia,
to be obligated from amounts made available in Public Law
107–38 and to remain available until September 30, 2003,
for increased facility security, $25,536,000, of which
$3,900,000 is for the Emergency Management Agency,
$14,575,000 for the public schools, and $7,061,000 for the
Office of Property Management.
FEDERAL PAYMENT TO THE WASHINGTON METROPOLITAN
AREA TRANSIT AUTHORITY
For a Federal payment to the Washington Metropoli-
tan Area Transit Authority to meet region-wide security
requirements, a contribution of $39,100,000, to be obligated
from amounts made available in Public Law 107–38 and
to remain available until September 30, 2003, of which
$5,000,000 shall be used for protective clothing and breath-
ing apparatus, $17,200,000 shall be for completion of the
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fiber optic network project and an automatic vehicle locator
system, and $16,900,000 shall be for increased employee
and facility security.
FEDERAL PAYMENT TO THE METROPOLITAN WASHINGTON
COUNCIL OF GOVERNMENTS
For a Federal payment to the Metropolitan Wash-
ington Council of Governments to enhance regional emer-
gency preparedness, coordination and response, $5,000,000,
to be obligated from amounts made available in Public Law
107–38 and to remain available until September 30, 2003,
of which $1,500,000 shall be used to contribute to the devel-
opment of a comprehensive regional emergency prepared-
ness, coordination and response plan, $500,000 shall be
used to develop a critical infrastructure threat assessment
model, $500,000 shall be used to develop and implement a
regional communications plan, and $2,500,000 shall be
used to develop protocols and procedures for training and
outreach exercises.
GENERAL PROVISIONS, THIS CHAPTER
SEC. 401. Notwithstanding any other provision of law,
the Chief Financial Officer of the District of Columbia may
transfer up to 5 percent of the funds appropriated to the
District of Columbia in this chapter between these accounts:
Provided, That no such transfer shall take place unless the
Chief Financial Officer of the District of Columbia notifies
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in writing the Committees on Appropriations of the Senate
and the House of Representatives 30 days in advance of
such transfer.
SEC. 402. The Chief Financial Officer of the District
of Columbia and the Chief Financial Officer of the Wash-
ington Metropolitan Area Transit Authority shall provide
quarterly reports to the President and the Committees on
Appropriations of the Senate and the House of Representa-
tives on the use of the funds under this chapter beginning
no later than March 15, 2002.
CHAPTER 5
DEPARTMENT OF DEFENSE—CIVIL
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS—CIVIL
OPERATION AND MAINTENANCE, GENERAL
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Oper-
ation and Maintenance, General’’, $139,000,000, to remain
available until expended, to be obligated from amounts
made available in Public Law 107–38.
DEPARTMENT OF THE INTERIOR
BUREAU OF RECLAMATION
WATER AND RELATED RESOURCES
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Water
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and Related Resources’’, $30,259,000, to remain available
until expended, to be obligated from amounts made avail-
able in Public Law 107–38.
DEPARTMENT OF ENERGY
ATOMIC ENERGY DEFENSE ACTIVITIES
NATIONAL NUCLEAR SECURITY ADMINISTRATION
WEAPONS ACTIVITIES
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, and for
other expenses to increase the security of the Nation’s nu-
clear 
weapons 
complex, 
for 
‘‘Weapons 
Activities’’,
$131,000,000, to remain available until expended, to be ob-
ligated from amounts made available in Public Law 107–
38.
DEFENSE NUCLEAR NONPROLIFERATION
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, and for
other expenses to improve nuclear nonproliferation and
verification research and development (including research
and development with respect to radiological dispersion de-
vices, also know as ‘‘dirty bombs’’), for ‘‘Defense Nuclear
Nonproliferation’’, $226,000,000, to remain available until
expended, to be obligated from amounts made available in
Public Law 107–38.
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OTHER DEFENSE RELATED ACTIVITIES
OTHER DEFENSE ACTIVITIES
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, and for
other expenses necessary to support activities related to
countering potential biological threats to civilian popu-
lations, for ‘‘Other Defense Activities’’, $3,500,000, to re-
main available until expended, to be obligated from
amounts made available in Public Law 107–38.
DEFENSE ENVIRONMENTAL RESTORATION AND WASTE
MANAGEMENT
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘De-
fense Environmental Restoration and Waste Management’’,
$8,200,000, to remain available until expended, to be obli-
gated from amounts made available in Public Law 107–
38.
INDEPENDENT AGENCY
NUCLEAR REGULATORY COMMISSION
SALARIES AND EXPENSES
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, and for
other expenses to increase the security of the Nation’s nu-
clear power plants, for ‘‘Salaries and Expenses’’,
$36,000,000, to remain available until expended, to be obli-
gated from amounts made available in Public Law 107–
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38: Provided, That the funds appropriated herein shall be
excluded from license fee revenues, notwithstanding 42
U.S.C. 2214.
GENERAL PROVISIONS, THIS CHAPTER
SEC. 501. Of the funds provided in this or any other
Act for ‘‘Defense Environmental Restoration and Waste
Management’’ at the Department of Energy, up to $500,000
may be available to the Secretary of Energy for safety im-
provements to roads along the shipping route to the Waste
Isolation Pilot Plant site.
SEC. 502. NUTWOOD LEVEE, ILLINOIS. The Energy
and Water Development Appropriations Act, 2002 (Public
Law 107–66) is amended under the heading ‘‘Title I, De-
partment of Defense-Civil, Department of the Army, Corps
of Engineers-Civil, Construction, General’’ by inserting
after ‘‘$3,500,000’’ but before the ‘‘.’’ ‘‘: Provided further,
That using $400,000 of the funds appropriated herein, the
Secretary of the Army, acting through the Chief of Engi-
neers, may initiate construction on the Nutwood Levee, Illi-
nois project’’.
SEC. 503. Title III of the Energy and Water Develop-
ment Appropriations Act, 2002 (Public Law 107–66) is
amended by adding at the end the following new section:
‘‘SEC. 313. (a) INCREASE IN AMOUNT AVAILABLE FOR
ELECTRIC ENERGY SYSTEMS AND STORAGE PROGRAM.—
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The amount appropriated by this title under the heading
‘DEPARTMENT OF ENERGY’ under the heading ‘EN-
ERGY PROGRAMS’ under the paragraph ‘ENERGY SUP-
PLY’ is hereby increased by $14,000,000, with the amount
of the increase to be available under that paragraph for the
electric energy systems and storage program.
‘‘(b) DECREASE IN AMOUNT AVAILABLE FOR DEPART-
MENT OF ENERGY GENERALLY.—The amount appropriated
by this title under the heading ‘DEPARTMENT OF EN-
ERGY’ (other than under the heading ‘NATIONAL NUCLEAR
SECURITY ADMINISTRATION’ or under the heading ‘EN-
ERGY PROGRAMS’ under the paragraph ‘ENERGY SUP-
PLY’) is hereby decreased by $14,000,000, with the amount
of the decrease to be distributed among amounts available
under the heading ‘DEPARTMENT OF ENERGY’ in a
manner determined by the Secretary of Energy and ap-
proved by the Committees on Appropriations.’’.
SEC. 504. The Reclamation Safety of Dams Act of
1978 (43 U.S.C. 509) is amended as follows:
(1) by inserting in Section 4(c) after ‘‘2000,’’
and before ‘‘costs’’ the following: ‘‘and the additional
$32,000,000 further authorized to be appropriated by
amendments to the Act in 2001,’’; and
(2) by inserting in Section 5 after ‘‘levels),’’ and
before ‘‘plus’’ the following: ‘‘and, effective October 1,
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2001, not to exceed an additional $32,000,000 (Octo-
ber 1, 2001, price levels),’’.
CHAPTER 6
DEPARTMENT OF THE INTERIOR
NATIONAL PARK SERVICE
OPERATION OF THE NATIONAL PARK SYSTEM
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Oper-
ation of the National Park System’’, $10,098,000, to remain
available until expended, to be obligated from amounts
made available in Public Law 107–38.
UNITED STATES PARK POLICE
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘United
States Park Police’’, $25,295,000, to remain available until
expended, to be obligated from amounts made available in
Public Law 107–38.
CONSTRUCTION
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Con-
struction’’, $21,624,000, to remain available until ex-
pended, to be obligated from amounts made available in
Public Law 107–38.
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DEPARTMENTAL OFFICES
DEPARTMENTAL MANAGEMENT
SALARIES AND EXPENSES
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Sala-
ries and Expenses’’, $2,205,000, to remain available until
expended, to be obligated from amounts made available in
Public Law 107–38, for the working capital fund of the De-
partment of the Interior.
RELATED AGENCIES
SMITHSONIAN INSTITUTION
SALARIES AND EXPENSES
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Sala-
ries and Expenses’’, $21,707,000, to remain available until
expended, to be obligated from amounts made available in
Public Law 107–38.
NATIONAL GALLERY OF ART
SALARIES AND EXPENSES
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Sala-
ries and Expenses’’, $2,148,000, to remain available until
expended, to be obligated from amounts made available in
Public Law 107–38.
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JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS
OPERATIONS AND MAINTENANCE
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Oper-
ations and Maintenance’’, $4,310,000, to remain available
until expended, to be obligated from amounts made avail-
able in Public Law 107–38.
NATIONAL CAPITAL PLANNING COMMISSION
SALARIES AND EXPENSES
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Sala-
ries and Expenses’’, $758,000, to remain available until ex-
pended, to be obligated from amounts made available in
Public Law 107–38.
GENERAL PROVISIONS, THIS CHAPTER
SEC. 601. (a) IN GENERAL.—The Secretary of the
Smithsonian Institution may collect and preserve in the
National Museum of American History artifacts relating
to the September 11th attacks on the World Trade Center
and the Pentagon.
(b) TYPES OF ARTIFACTS.—In carrying out subsection
(a), the Secretary of the Smithsonian Institution shall con-
sider collecting and preserving—
(1) pieces of the World Trade Center and the
Pentagon;
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(2) still and video images made by private indi-
viduals and the media;
(3) personal narratives of survivors, rescuers,
and government officials; and
(4) other artifacts, recordings, and testimonials
that the Secretary of the Smithsonian Institution de-
termines have lasting historical significance.
(c) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to the Smithsonian Institu-
tion $5,000,000 to carry out this section.
Sec. 602. Section 29 of Public Law 92–203, as enacted
under section 4 of Public Law 94–204 (43 U.S.C. 1626),
is amended by adding at the end of subsection (e) the fol-
lowing:
‘‘(4)(A) Congress confirms that Federal procure-
ment programs for tribes and Alaska Native Corpora-
tions are enacted pursuant to its authority under Ar-
ticle I, Section 8 of the United States Constitution.
‘‘(B) Contracting with an entity defined in sub-
section (e)(2) of this section or section 3(c) of Public
Law 93–262 shall be credited towards the satisfaction
of a contractor’s obligations under section 7 of Public
Law 87–305.
‘‘(C) Any entity that satisfies subsection (e)(2) of
this section that has been certified under section 8 of
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Public Law 85–536 is a Disadvantaged Business En-
terprise for the purposes of Public Law 105–178.’’.
SEC. 603. (a) GENERAL TRUSTEES.—
(1) IN GENERAL.—Subsection (a) of section 2 of
the John F. Kennedy Center Act (20 U.S.C. 76h) is
amended in its last clause by striking out the word
‘‘thirty’’ and inserting in lieu thereof the word ‘‘thir-
ty-six’’.
(2) TERMS
OF
OFFICE
FOR
NEW
GENERAL
TRUSTEES.—
(A) INITIAL TERMS OF OFFICE.—
(i) 
COMMENCEMENTS
OF
INITIAL
TERM.—The initial terms of office for all
new general trustees offices created by this
section shall commence upon appointment
by the President.
(ii) EXPIRATIONS OF INITIAL TERM.—
The initial terms of office for all new gen-
eral trustee offices created by this section
shall continue until September 1, 2007.
(iii) VACANCIES AND SERVICE UNTIL
THE APPOINTMENT OF A SUCCESSOR.—For
all new general trustee offices created by
this section, subsections (b)(1) and (b)(2) of
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section 2 of the John F. Kennedy Center Act
(20 U.S.C. 76h) shall apply.
(B) SUCCEEDING TERMS OF OFFICE.—Upon
the expirations of the initial terms of office pur-
suant to subparagraph (A) the terms of office for
all new general trustee offices created by this sec-
tion shall be governed by subsection (b) of section
2 of the John F. Kennedy Center Act (20 U.S.C.
76h).
(b) EX OFFICIO TRUSTEES.—Subsection (a) of section
2 of the John F. Kennedy Center Act (20 U.S.C. 76h) is
further amended by inserting in the second sentence ‘‘the
Majority and Minority Leaders of the Senate, the Speaker
of the House of Representatives, the Minority Leader of the
House of Representatives,’’ after ‘‘the Secretary of the
Smithsonian Institution,’’.
(c) HOUSEKEEPING AMENDMENT.—To conform with
the previous abolition of the United States Information
Agency and the transfer of all functions of the Director of
the United States Information Agency to the Secretary of
State (sections 1311 and 1312 of Public Law 105–277, 112
Stat. 2681–776), subsection (a) of section 2 of the John F.
Kennedy Center Act (20 U.S.C. 76h) is further amended
by striking in the second sentence ‘‘the Director of the
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United States Information Agency,’’ and inserting in lieu
thereof ‘‘the Secretary of State,’’.
CHAPTER 7
DEPARTMENT OF LABOR
EMPLOYMENT AND TRAINING ADMINISTRATION
TRAINING AND EMPLOYMENT SERVICES
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States for ‘‘Train-
ing and employment services’’, $32,500,000, to remain
available until expended, to be obligated from amounts
made available in Public Law 107–38: Provided, That such
amount shall be provided to the Consortium for Worker
Education, established by the New York City Central Labor
Council and the New York City Partnership, for an Emer-
gency Employment Clearinghouse.
STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT
SERVICE OPERATIONS
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘State
Unemployment Insurance and Employment Service Oper-
ations’’, $4,100,000, to remain available until expended, to
be obligated from amounts made available in Public Law
107–38.
WORKERS COMPENSATION PROGRAMS
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Work-
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OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION
SALARIES AND EXPENSES
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Sala-
ries and Expenses’’, $1,000,000, to remain available until
expended, to be obligated from amounts made available in
Public Law 107–38.
DEPARTMENTAL MANAGEMENT
SALARIES AND EXPENSES
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Sala-
ries and Expenses’’, $5,880,000, to remain available until
expended, to be obligated from amounts made available in
Public Law 107–38.
DEPARTMENT OF HEALTH AND HUMAN
SERVICES
CENTERS FOR DISEASE CONTROL AND PREVENTION
DISEASE CONTROL, RESEARCH, AND TRAINING
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States for ‘‘Disease
control, research, and training’’ for baseline safety screen-
ing for the emergency services personnel and rescue and re-
covery personnel, $12,000,000, to remain available until ex-
pended, to be obligated from amounts made available in
Public Law 107–38.
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NATIONAL INSTITUTES OF HEALTH
NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH
SCIENCES
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States for ‘‘Na-
tional Institute of Environmental Health Sciences’’ for car-
rying out activities set forth in section 311(a) of the Com-
prehensive Environmental Response, Compensation, and
Liability Act of 1980, $10,500,000, to remain available
until expended, to be obligated from amounts made avail-
able in Public Law 107–38.
OFFICE OF THE SECRETARY
PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, to provide
grants to public entities, not-for-profit entities, and Medi-
care and Medicaid enrolled suppliers and institutional pro-
viders to reimburse for health care related expenses or lost
revenues directly attributable to the public health emergency
resulting from the September 11, 2001, terrorist acts, for
‘‘Public Health and Social Services Emergency Fund’’,
$140,000,000, to remain available until expended, to be ob-
ligated from amounts made available in Public Law 107–
38: Provided, That none of the costs have been reimbursed
or are eligible for reimbursement from other sources.
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For emergency expenses necessary to support activities
related to countering potential biological, disease, and
chemical threats to civilian populations, for ‘‘Public Health
and Social Services Emergency Fund’’, $2,575,000,000, to
remain available until expended, to be obligated from
amounts made available in Public Law 107–38. Of this
amount, $1,000,000,000 shall be for the Centers for Disease
Control and Prevention for improving State and local ca-
pacity; $100,000,000 shall be for grants to hospitals, in col-
laboration with local governments, to improve capacity to
respond to bioterrorism; $165,000,000 shall be for upgrad-
ing capacity at the Centers for Disease Control and Preven-
tion, including research; $10,000,000 shall be for the estab-
lishment and operation of a national system to track bio-
logical pathogens; $99,000,000 shall be for the National In-
stitute of Allergy and Infectious Diseases for bioterrorism-
related research and development and other related needs;
$71,000,000 shall be for the National Institute of Allergy
and Infectious Diseases for the construction of biosafety lab-
oratories and related infrastructure costs; $593,000,000
shall be for the National Pharmaceutical Stockpile;
$512,000,000 shall be for the purchase, deployment and re-
lated costs of the smallpox vaccine, and $25,000,000 shall
be for improving laboratory security at the National Insti-
tutes of Health and the Centers for Disease Control and Pre-
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vention. At the discretion of the Secretary, these amounts
may be transferred between categories subject to normal re-
programming procedures.
DEPARTMENT OF EDUCATION
OFFICE OF ELEMENTARY AND SECONDARY EDUCATION
SCHOOL IMPROVEMENT PROGRAMS
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘School
Improvement Programs’’, for the Project School Emergency
Response to Violence program, $10,000,000, to be obligated
from amounts made available in Public Law 107–38.
RELATED AGENCIES
SOCIAL SECURITY ADMINISTRATION
LIMITATION ON ADMINISTRATIVE EXPENSES
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Limi-
tation on Administrative Expenses’’, $7,500,000, to remain
available until expended, to be obligated from amounts
made available in Public Law 107–38.
NATIONAL LABOR RELATIONS BOARD
SALARIES AND EXPENSES
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Sala-
ries and Expenses’’, $180,000, to remain available until ex-
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pended, to be obligated from amounts made available in
Public Law 107–38.
CHAPTER 8
LEGISLATIVE BRANCH
JOINT ITEMS
LEGISLATIVE BRANCH EMERGENCY RESPONSE FUND
(INCLUDING TRANSFER OF FUNDS)
For emergency expenses to respond to the terrorist at-
tacks on the United States, $256,081,000, to remain avail-
able until expended, to be obligated from amounts made
available 
in 
Public 
Law 
107–38: 
Provided, 
That
$34,500,000 shall be transferred to the ‘‘SENATE’’, ‘‘Ser-
geant at Arms and Doorkeeper of the Senate’’ and shall be
obligated with the prior approval of the Senate Committee
on Appropriations: Provided further, That $40,712,000
shall be transferred to ‘‘HOUSE OF REPRESENTA-
TIVES’’, ‘‘Salaries and Expenses’’ and shall be obligated
with the prior approval of the House Committee on Appro-
priations: Provided further, That the remaining balance of
$180,869,000 shall be transferred to the Capitol Police
Board, which shall transfer to the affected entities in the
Legislative Branch such amounts as are approved by the
House and Senate Committees on Appropriations: Provided
further, That any Legislative Branch entity receiving funds
pursuant to the Emergency Response Fund established by
Public Law 107–38 (without regard to whether the funds
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are provided under this chapter or pursuant to any other
provision of law) may transfer any funds provided to the
entity to any other Legislative Branch entity receiving
funds under Public Law 107–38 in an amount equal to
that required to provide support for security enhancements,
subject to the approval of the Committees on Appropriations
of the House of Representatives and Senate.
SENATE
ADMINISTRATIVE PROVISIONS
SEC. 801. (a) ACQUISITION OF BUILDINGS AND FA-
CILITIES.—Notwithstanding any other provision of law, in
order to respond to an emergency situation, the Sergeant
at Arms of the Senate may acquire buildings and facilities,
subject to the availability of appropriations, for the use of
the Senate, as appropriate, by lease, purchase, or such other
arrangement as the Sergeant at Arms of the Senate con-
siders appropriate (including a memorandum of under-
standing with the head of an Executive Agency, as defined
in section 105 of title 5, United States Code, in the case
of a building or facility under the control of such Agency).
Actions taken by the Sergeant at Arms of the Senate must
be approved by the Committees on Appropriations and
Rules and Administration.
(b) AGREEMENTS.—Notwithstanding any other provi-
sion of law, for purposes of carrying out subsection (a), the