§ 1961. Policing of Capitol Buildings and Grounds

Footnotes

1. 1 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1946

   Pub. L. 79–707 § 9 · 60 Stat. 718

   Enacted · 2 U.S.C. § 1961

   July 31, 1946, ch. 707, § 9, 60 Stat. 719

   Source evidence

   Code source credit
   July 31, 1946, ch. 707, § 9, 60 Stat. 719

   Enacted provision · exact public law section
   Sec. 9. The Capitol Police shall police the United States Capitol Capitol Police. Buildings and Grounds under the direction of the Capitol Police Board, consisting of the Sergeant at Arms of the United States Senate, the Sergeant at Arms of the House of Representatives, and the Architect of the Capitol, and shall have the power to enforce the provisions of this Act and regulations promulgated under section 14 thereof, and to make arrests within the United States Capitol Buildings and Grounds for any violations of any law of the United States or of any State, or any regulation promulgated pursuant thereto: Provided, That Metropolitan Police. the Metropolitan Police force of the District of Columbia are hereby authorized to make arrests within the United States Capitol Buildings and Grounds for any violations of any such laws or regulations, but such authority shall not be construed as authorizing the Metropolitan Police force, except with the consent or upon the request of the Capitol Police Board, to enter such buildings to make arrests in response to complaints or to serve warrants or to patrol the United States Capitol Buildings and Grounds, with the exception of the streets and roadways shown on the map referred to in section 1 of this Act as being under the jurisdiction and control of the Commissioners of the District of Columbia. “Grounds.’ For the purpose of this section, the word “grounds” shall include the House Office Building parking area.

2. 1973

   Pub. L. 93–198 title VII § 739(g)(4) · 87 Stat. 774

   1. Inserted · 2 U.S.C. § 1961

      Pub. L. 93–198 inserted reference to violations of any law of the District of Columbia

   2. Struck · 2 U.S.C. § 1961

      Pub. L. 93–198 struck out “, with the exception of the streets and roadways shown on the map referred to in section 193a of this title as being under the jurisdiction and control of the Commissioners of the District of Columbia” after “or to patrol the United States Capitol Buildings and Grounds”

   Source evidence

   Code amendment note
   Pub. L. 93–198 inserted reference to violations of any law of the District of Columbia and struck out “, with the exception of the streets and roadways shown on the map referred to in section 193a of this title as being under the jurisdiction and control of the Commissioners of the District of Columbia” after “or to patrol the United States Capitol Buildings and Grounds”.

   Enacted provision · exact public law section
   (4) Section 9 of the Act of July 31, 1946, as amended (40 U.S.C. 212a), is amended by deleting “or of any State,” and inserting in lieu 60 Stat. 719. D.C. Code 9–126. thereof a comma and the following: “of the District of Columbia, or of any State,”.

3. 1992

   Legislative Branch Appropriations Act, 1993

   Pub. L. 102–392 title III § 310 · 106 Stat. 1703

   Amended · 2 U.S.C. § 1961

   Pub. L. 102–392 and Pub. L. 102–397 amended directory language of Pub. L. 101–520 identically. See 1990 Amendment note below

   Source evidence

   Code amendment note
   Pub. L. 102–392 and Pub. L. 102–397 amended directory language of Pub. L. 101–520 identically. See 1990 Amendment note below.

   Enacted provision · exact public law section
   Sec. 310. Effective November 5, 1990, section 106(a) of Public Effective date. 40 USC 212a. Law 101–520 is amended by striking out “(a) The” and inserting in lieu thereof “Section 9 of the”.

4. 1990

   Pub. L. 101–520 title I § 106 · 104 Stat. 2254

   1. Amended · 2 U.S.C. § 1961

      Pub. L. 101–520, as amended by Pub. L. 102–392 and Pub. L. 102–397

   2. Amended · 2 U.S.C. § 1961

      Pub. L. 101–520, as amended section generally. Prior to amendment, section read as follows: “The Capitol Police shall police the United States Capitol Buildings and Grounds under the direction of the Capitol Police Board, consisting of the Sergeant at Arms of the United States Senate, the Sergeant at Arms of the House of Representatives, and the Architect of the Capitol, and shall have the power to enforce the provisions of sections 193a to 193m, 212a, 212a–2, and 212b of this title and regulations promulgated under section 212b of this title, and to make arrests within the United States Capitol Buildings and Grounds for any violations of any law of the United States, of the District of Columbia, or of any State, or any regulation promulgated pursuant thereto: Provided, That the Metropolitan Police force of the District of Columbia are authorized to make arrests within the United States Capitol Buildings and Grounds for any violations of any such laws or regulations, but such authority shall not be construed as authorizing the Metropolitan Police force, except with the consent or upon the request of the Capitol Police Board, to enter such buildings to make arrests in response to complaints or to serve warrants or to patrol the United States Capitol Buildings and Grounds. For the purpose of this section, the word ‘grounds’ shall include the House Office Building parking area.”

   Source evidence

   Code amendment note
   Pub. L. 101–520, as amended by Pub. L. 102–392 and Pub. L. 102–397, amended section generally. Prior to amendment, section read as follows: “The Capitol Police shall police the United States Capitol Buildings and Grounds under the direction of the Capitol Police Board, consisting of the Sergeant at Arms of the United States Senate, the Sergeant at Arms of the House of Representatives, and the Architect of the Capitol, and shall have the power to enforce the provisions of sections 193a to 193m, 212a, 212a–2, and 212b of this title and regulations promulgated under section 212b of this title, and to make arrests within the United States Capitol Buildings and Grounds for any violations of any law of the United States, of the District of Columbia, or of any State, or any regulation promulgated pursuant thereto: Provided, That the Metropolitan Police force of the District of Columbia are authorized to make arrests within the United States Capitol Buildings and Grounds for any violations of any such laws or regulations, but such authority shall not be construed as authorizing the Metropolitan Police force, except with the consent or upon the request of the Capitol Police Board, to enter such buildings to make arrests in response to complaints or to serve warrants or to patrol the United States Capitol Buildings and Grounds. For the purpose of this section, the word ‘grounds’ shall include the House Office Building parking area.”

5. 2002

   Pub. L. 107–117 div. B · 115 Stat. 2230

   1. Amended · 2 U.S.C. § 1961(a)

      Pub. L. 107–117, §§ 901(c)(2)(A), 903(b)(2)(A), amended section identically

   2. Inserted · 2 U.S.C. § 1961(a)

      Pub. L. 107–117, §§ 901(c)(2)(A), 903(b)(2)(A), inserting “(a)” before “The Capitol Police shall police”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 107–117, §§ 901(c)(2)(A), 903(b)(2)(A), amended section identically, inserting “(a)” before “The Capitol Police shall police”.

   Enacted provision · exact public law
   DIVISION B— TRANSFERS FROM THE EMERGENCY RESPONSE FUND PURSUANT TO PUBLIC 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 Balanced 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. Agricultural Research Service salaries and expenses For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for “Salaries and Expenses”, $40,000,000, 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 “Buildings and Facilities”, $73,000,000, to remain available until expended, to be obligated from amounts made available 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 “Salaries and Expenses”, $105,000,000, to remain available until expended, to be obligated from amounts made available in Public Law 107–38, of which $50,000,000 may be transferred to and merged with the Agricultural Quarantine Inspection User Fee Account. buildings and facilities For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for “Buildings 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 “Special 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 the amounts provided in this Act and any amounts available for reallocation in fiscal year 2002, the Secretary shall reallocate funds under section 17(g)(2) of the Child Nutrition Act of 1966 in the manner and under the formula the Secretary deems necessary to respond to the effects of unemployment and other conditions, 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 “Salaries and Expenses”, $151,100,000, to remain available until expended, to be obligated from amounts made available in Public Law 107–38. INDEPENDENT AGENCY Commodity Futures Trading Commission For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for “Commodity Futures Trading Commission”, $16,900,000, to remain available until expended, to be obligated from amounts made available in Public Law 107–38. GENERAL PROVISIONS, THIS CHAPTER Sec. 101. Title VI of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2002 (Public Law 107–76) is amended under the heading Ante, p. 730. “Food and Drug Administration, Salaries and Expenses” by striking “$13,207,000” and inserting “$13,357,000”. Sec. 102. Section 741(b) of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Ante, p. 737. Act, 2002 (Public Law 107–76), is amended by striking “20,000,000 pounds” and inserting “5,000,000 pounds”. CHAPTER 2 DEPARTMENT OF JUSTICE General Administration usa patriot act activities For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for “Patriot Act Activities”, $5,000,000, to remain available until expended, to be obligated from amounts made available in Public Law 107–38, of which up to $2,000,000 may be available for a feasibility report, as authorized by section 405 of Public Law 107–56: Provided, That funding for the implementation of such enhancements shall be treated as a reprogramming under section 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 “Administrative 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 “Salaries and Expenses, General Legal Activities”, $12,500,000, to remain available until expended, to be obligated from amounts made available in Public Law 107–38. salaries and expenses, united states attorneys For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for “Salaries and Expenses, United States Attorneys”, $56,370,000, 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 “Salaries and Expenses, United States Marshals Service”, $10,200,000, to remain available until expended, to be obligated from amounts made available in Public Law 107–38, of which $5,000,000 shall be for courthouse security equipment. construction For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for “Construction”, $9,125,000, to remain available until expended, 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 “Salaries and Expenses”, $745,000,000, to remain available until expended, to be obligated from amounts made available in Public Law 107–38. Immigration and Naturalization Service salaries and expenses enforcement and border affairs For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for “Salaries and Expenses”, $449,800,000, 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 “Construction”, $99,600,000, to remain available until expended, 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 expended, for grants, cooperative agreements, and other assistance authorized by sections 819 and 821 of the Antiterrorism and Effective Death Penalty Act of 1996 and section 1014 of the USA PATRIOT ACT (Public Law 107–56) and for other counter terrorism programs, to be obligated from amounts made available in Public Law 107–38, of which $9,800,000 is for an aircraft for 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, $251,100,000 shall be for discretionary grants, including equipment, under the Edward Byrne Memorial State and Local Law Enforcement Assistance Program, to remain available until expended, 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 expended, to be obligated from amounts made available in Public Law 107–38. 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 “Operations and Administration”, $1,000,000, to remain available 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 “Operations and Administration”, $1,756,000, to remain available until expended, to be obligated from amounts made available in Public Law 107–38. National Telecommunications and Information Administration public telecommunications facilities, planning and construction For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for “Public Telecommunications Facilities, Planning and Construction”, $8,250,000, to remain available until expended, to be obligated from amounts made available in Public Law 107–38: Provided, That matching requirements set forth in section 392(b) of the Communications Act of 1934, as amended, shall not apply to funds provided in this Act. United States Patent and Trademark Office salaries and expenses For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for “Salaries and Expenses”, $1,500,000, to remain available until expended, to be obligated from amounts made available in Public Law 107–38. National Institute of Standards and Technology scientific and technical research and services For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for “Scientific and Technical Research and Services”, $5,000,000 for a cyber security initiative, to remain available until expended, to be obligated from amounts made available in Public Law 107–38. construction of research facilities For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for “Construction 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 “Operations, 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 “Salaries and Expenses”, $4,776,000, to remain available until expended, to be obligated from amounts made available in Public Law 107–38. THE JUDICIARY Supreme Court of the United States care of the building and grounds For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for “Care of the Building 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. Courts 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 “Salaries and Expenses”, $5,000,000, is for Emergency Communications 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 judicial district and circuit: Provided, That the funds may be expended directly or transferred to the United States Marshals Service. 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 “Salaries 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. DEPARTMENT OF STATE AND RELATED AGENCY RELATED AGENCY Broadcasting Board of Governors international broadcasting operations For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for “International Broadcasting Operations”, $9,200,000, to remain available until expended, to be obligated from amounts made available in Public Law 107–38. broadcasting capital improvements For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for “Broadcasting Capital Improvements”, $10,000,000, to remain available until expended, to be obligated from amounts made available in Public Law 107–38. RELATED AGENCIES Equal Employment Opportunity Commission salaries and expenses For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for “Salaries 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 “Salaries 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 the cost of loan subsidies and for loan modifications as authorized by section 203 of this Act, 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, to remain available until expended, to be obligated from amounts made available in Public Law 107–38. disaster loans program account For emergency expenses for the cost of loan subsidies and for loan modifications as authorized by section 202 of this Act, 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, to remain available until expended, to be obligated from amounts made available in Public Law 107–38. GENERAL PROVISIONS—THIS CHAPTER Sec. 201. Funds appropriated by this Act for the Broadcasting Board of Governors and the Department of State may be obligated and expended notwithstanding section 313 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995, and section 15 of the State Department Basic Authorities Act of 1956, as amended. Sec. 202. 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 disaster areas declared as a result of the September 11, 2001, terrorist attacks— (i) the term “small business concern” shall include 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 Classification System (as described in 13 C.F.R. 121.201, as in effect on January 2, 2001); (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 1 year following the date of enactment of this Act; and (iii) payments of interest and principal shall be deferred, and no interest shall accrue during the 2-year period following the issuance of such disaster loan. Sec. 203. 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)) outstanding 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 Administrator shall, in lieu of the fee collected under section 7(a)(23)(A) of the Smail 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 aftermath, for a period of 1 year following the date of enactment and to the extent the costs of such reduced fees are offset by appropriations provided by this Act. Sec. 204. 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 Technology Agreement of 1979, including all protocols. The report is intended to provide a comprehensive evaluation of the benefits of the agreement to the Chinese economy, military, and defense industrial base. The report shall include the following elements: (1) an accounting of all activities conducted under the Agreement for the past 5 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 influenced 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 nuclear weapons and military missile specialists in the activities of the Joint Commission; (5) a determination of the extent to which the activities conducted under the Agreement have enhanced the military and industrial base of the People’s Republic of China, and an assessment of the impact of projected activities through 2010, including transfers of technology, on China’s economic and military capabilities; and (6) recommendations on improving the monitoring of the activities of the Commission by the Secretaries of Defense and State. The report shall be developed in consultation with the Secretaries of Commerce, Defense, and Energy, the Directors of the National Science Foundation and the Federal Bureau of Investigation, and the intelligence community. Sec. 205. From within funds available to the State of Alaska or the Alaska Region of the National Marine Fisheries Service, an additional $500,000 may be made available for the cost of guaranteeing the reduction loan authorized under section 144(d)(4)(A) of title I, division B of Public Law 106–554 (114 Stat. 2763A–242) and that subparagraph 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).”. Sec. 206. Title IV of the Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act, Ante, p. 784. 2002 (Public Law 107–77) is amended in the third proviso of the first undesignated paragraph under the heading “Diplomatic and Consular Programs” by striking “this heading” and inserting “the appropriations accounts within the Administration of Foreign Affairs”. Sec. 207. Title V of the Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act, 33 USC 857–19 note. 2002 (Public Law 107–77) is amended in the proviso under the heading “Commission on Ocean Policy” by striking “appointment” and inserting “the first meeting of the Commission”. Sec. 208. Section 626(c) of the Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act, 2002 (Public Law 107–77) is amended by striking “1:00CV03110(ESG)” and inserting “1:00CV03110(EGS)”. CHAPTER 3 DEPARTMENT OF DEFENSE—MILITARY OPERATION AND MAINTENANCE Defense Emergency Response Fund (including transfer of funds) For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for “Defense Emergency Response Fund”, $3,395,600,000, to remain available until expended, to be obligated from amounts made available in Public Law 107–38, as follows: (1) For increased situational awareness, $850,000,000; (2) For increased worldwide posture, $1,495,000,000; (3) For offensive counterterrorism, $372,000,000; (4) For initial crisis response, $39,100,000; (5) For the Pentagon Reservation Maintenance Revolving Fund, $475,000,000; (6) For relocation costs and other purposes. $164,500,000: Provided, That $500,000 shall be made available only for the White House Commission on the National Moment of Remembrance: Provided further, That from unobligated balances under the heading “Former Soviet Union Threat Reduction”, $30,000,000 shall be transferred to “Department of State, Nonproliferation, Anti-terrorism, Demining, and Related Programs” only for the purpose of supporting expansion of the Biological Weapons Redirect and International Science and Technology Centers programs, to prevent former Soviet biological weapons experts from emigrating to proliferant states and to reconfigure former Soviet biological weapons production facilities for peaceful uses. GENERAL PROVISIONS—THIS CHAPTER (including transfer of funds) Sec. 301. Amounts available in the “Defense Emergency Response Fund” (the “Fund”) shall be available for the purposes set forth in the 2001 Emergency Supplemental Appropriations Act for Recovery from and Response to Terrorist Attacks on the United States (Public Law 107–38): Provided, That the Fund may be used to reimburse other appropriations or funds of the Department of Defense, including activities of the National Foreign Intelligence Program funded in defense appropriations acts, only for costs incurred for such purposes on or after September 11, 2001: Provided further, That the Fund may be used to liquidate obligations incurred by the Department of Defense under the authorities in section 3732 of the Revised Statutes (41 U.S.C. 11; popularly known as the “Food and Forage Act”) for any costs incurred for such purposes between September 11 and September 30, 2001: Provided further, That the Secretary of Defense may transfer to the Fund amounts from any current appropriation made available in defense appropriations acts, only for the purpose of adjusting and liquidating obligations properly chargeable to the Fund; Provided further, That the authority granted in the preceding proviso shall only be exercised after the Secretary of Defense makes a determination that amounts in the Fund are insufficient to liquidate obligations made using appropriations in the Fund, and not prior to 30 days after notifying the congressional defense committees in writing regarding each proposed transfer of funds: Provided further, That in order to carry out the specified purposes under this heading, the Secretary of Defense may transfer funds from the Fund to any defense appropriation account enacted in appropriations acts, including “Support for International Sporting Competitions, Deadlines. Reports. Defense”: 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 appropriation to which transferred: Provided further, That the transfer authority provided under this heading is in addition to any other transfer authority available to the Department of Defense: Provided further, That within 30 days of enactment of this Act, and quarterly thereafter, the Secretary of Defense and the Director of Central Intelligence shall each provide to the Congress a report (in unclassified and classified form, as needed) specifying the projects and accounts to which funds provided in this chapter are to be transferred. Sec. 302. Amounts in the appropriation account “Support for International Sporting Competitions, Defense”, may be used to support 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): Provided, That 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 providing 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 Security Act of 1947 (50 U.S.C. 414). Sec. 304. Notwithstanding any other provision of law, of the amounts appropriated in Public Law 107–38 which remained available in the Defense Emergency Response Fund on December 18, 2001, not to exceed $100,000,000 may be available for payments to Pakistan and Jordan for logistical and military support provided, or to be provided, to United States military operations in connection with Operation Enduring Freedom: Provided, That such payments may be made in amounts as the Secretary may determine in his discretion, and such determination is final and conclusive upon the accounting officers of the United States. (including transfer of funds) Sec. 305. (a) During the current fiscal year, $475,000,000 of appropriations provided in this Act shall be transferred to the Pentagon Reservation Maintenance Revolving Fund only to reconstruct the Pentagon Reservation and for related activities as a result of the events of September 11, 2001. (b) In addition to the amounts provided in subsection (a) or otherwise appropriated in this Act, out of funds appropriated by Public Law 107–38 but not subject to subsequent enactment, not subject to the restrictions of the fifth proviso of that Act, and not transferred before December 18, 2001, the amount of $300,000,000 is transferred to the Pentagon Reservation Maintenance Revolving Fund only to finance accelerated building renovation activities for military command centers and related activities at the Pentagon Reservation in order to accelerate completion of the currently planned Pentagon renovation project by up to 4 years: Provided, That notwithstanding any other provision of law, funds allocated and transferred under this section shall be made available until expended: Provided further, That the cost to accelerate renovation activities for military command centers and related activities at the Pentagon Reservation shall not be included in any cost cap applicable to the Pentagon renovation: Provided further, That the transfer authority provided under this section is in addition to any other transfer authority available to the Department of Defense. (transfer of funds) Sec. 306. Notwithstanding any other provision of law or this Act, of the funds unobligated in all fiscal year 2002 appropriations accounts in titles III and IV of division A of this Act, up to 1½ percent of these funds shall be available for transfer to the Operation and Maintenance accounts of the Department of Defense for such costs incurred in support of Operations Enduring Freedom and Noble Anvil: Provided, That the Secretary of Defense shall Notification. Deadline. notify the Committees on Appropriations of the House and Senate of transfers made pursuant to this section not later than 15 days after any such transfer is made: Provided further, That the transfer authority provided under this section is in addition to any other transfer authority available to the Department of Defense: Provided further, That the transfer authority available under this section may be utilized only after all other funds made available to the Department of Defense pursuant to Public Law 107–38 have been obligated: Provided further, That no congressional interest item may be reduced for the purposes of this section: Provided further, That such authority to transfer shall expire on April 30, 2002. Expiration date. Sec. 307. During fiscal year 2002 the President, acting by 42 USC 2472 note. and with the consent of the Senate, is authorized to appoint a commissioned officer of the Armed Forces, in active status, to the Office of Deputy Administrator of the National Aeronautics and Space Administration notwithstanding section 202(b) of the National Aeronautics and Space Act of 1958 (42 U.S.C. 2472(b)). If so appointed, the provisions of section 403(c)(3), (4), and (5) of title 50, United States Code, shall be applicable while the commissioned officer serves as Deputy Administrator in the same manner and extent as if the officer was serving in a position specified in section 403(c) of title 50, United States Code, except that the officer’s military pay and allowances shall be reimbursed from funds available to the National Aeronautics and Space Administration. 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 obligated 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 Emergency Medical Services Department, $4,269,000 is for the Metropolitan Police Department, $1,500,000 is for the Department 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 obligated 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 obligated 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 Emergency Medical Services Department, $258,000 is for the Metropolitan Police Department, and $9,892,000 is for the Department of Health. 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 remain 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 Public Works Division of Transportation, $58,000 is for the Office of Property Management, $60,000 is for the Department 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. Federal Payment to the District of Columbia for Search, Rescue and Other Emergency Equipment 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 support, $8,850,000, of which $5,442,000 is for the Metropolitan Police Department, $208,000 is for the Fire and Emergency Medical Services Department, $398,500 is for the Department 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 Office 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. Federal Payment to the District of Columbia for Hospital Containment Facilities for the Department 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, $45,494,000, for a first response landline and wireless interoperability project, of which $1,000,000 shall be used to initiate a comprehensive review, by a non-vendor contractor, of the District’s current technology-based systems and to develop a plan for integrating the communications systems of the District of Columbia Metropolitan Police and Fire and Emergency Medical Services Departments with the systems of local, regional 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 Washington Metropolitan Area Transit Authority Police: Provided, That such plan shall be submitted to the Committees on Appropriations of the Senate and the House of Representatives 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 Department 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, $9,949,000, of which $4,400,000 is for the Fire and Emergency Medical Services Department, $990,000 is for the Metropolitan Police Department, $1,200,000 is for the Department of Health, $200,000 is for the Office of the Chief Medical Examiner, $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, and $750,000 is for the Division of Transportation. Federal Payment to the District of Columbia for Increased Facility 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 is for the public schools, and $7,061,000 is for the Office of Property Management. Federal Payment to the Washington Metropolitan Area Transit Authority For a Federal payment to the Washington Metropolitan 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 breathing apparatus, $2,200,000 shall be for completion of the fiber optic network project, $15,000,000 shall be for a chemical emergency sensor program, 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 Washington Council of Governments to enhance regional emergency 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 development of a comprehensive regional emergency preparedness, 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. DISTRICT OF COLUMBIA FUNDS Division of Expenses The following amounts are appropriated for the District of Columbia for the current fiscal year out of the general fund of the District of Columbia and shall remain available until September 30, 2003. For Protective Clothing and Breathing Apparatus, to remain available until September 30, 2003, $7,144,000, of which $922,000 is for the Fire and Emergency Medical Services Department, $4,269,000 is for the Metropolitan Police Department, $1,500,000 is for the Department of Health, and $453,000 is for the Department of Public Works. For Specialized Hazardous Materials Equipment, to remain available until September 30, 2003, $1,032,000, for the Fire and Emergency Medical Services Department. For Chemical and Biological Weapons Preparedness, to remain available until September 30, 2003, $10,355,000, of which $205,000 is for the Fire and Emergency Medical Services Department, $258,000 is for the Metropolitan Police Department, and $9,892,000 is for the Department of Health. For Pharmaceuticals for Responders, to remain available until September 30, 2003, $2,100,000, for the Department of Health, For Response and Communications capability, 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 Public Works Division of Transportation, $58,000 is for the Office of Property Management, $60,000 is for the Department 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. For search, rescue and other emergency equipment and support, to remain available until September 30, 2003, $8,850,000, of which $5,442,000 is for the Metropolitan Police Department, $208,000 is for the Fire and Emergency Medical Services Department, $398,500 is for the Department 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. For equipment, supplies and vehicles, to remain available until September 30, 2003, for the Office of the Chief Medical Examiner, $1,780,000. For hospital containment facilities, to remain available until September 30, 2003, for the Department of Health, $8,000,000. For the Office of the Chief Technology Officer, to remain available until September 30, 2003, $45,494,000 is for a first response landline and wireless interoperability project, of which $1,000,000 shall be used to initiate a comprehensive review by a non-vendor contractor of the District’s current technology-based systems and to develop a plan for integrating the communications systems of the District of Columbia Metropolitan Police and Fire and Emergency Medical Services Departments with the systems of local, regional 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 Washington Metropolitan Area Transit Authority Police: Provided, That such plan shall be submitted to the Committees on Appropriations of the Senate and the House of Representatives no later than June 15, 2002. For emergency traffic management, to remain available until September 30, 2003, $20,700,000 is for the Department 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. For training and planning, to remain available until September 30, 2003, $9,949,000, of which $4,400,000 is for the Fire and Emergency Medical Services Department, $990,000 is for the Metropolitan Police Department, $1,200,000 is for the Department of Health, $200,000 is for the Office of the Chief Medical Examiner, $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, and $750,000 is for the Division of Transportation. For increased facility security, to remain available until September 30, 2003, $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. 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 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, the Chief Financial Officer of the Washington Metropolitan Area Transit Authority and the Executive Director of the Metropolitan Washington Council of Governments shall provide quarterly reports to the President and the Committees on Appropriations of the Senate and the House of Representatives on the use of the funds under this chapter beginning no later than March 15, 2002. Sec. 403. Notwithstanding any Other provision of law, all amounts under this chapter shall be apportioned quarterly by the Deadline. Office of Management and Budget: Provided, That all such funds shall be made available no later than September 30, 2002. Sec. 404. In the Fiscal Year 2002 District of Columbia Appropriations Act under the heading “Administrative Provisions, Payments for Representation of Indigents” under subsection (c), strike Ante, p. 929. all after “March 1, 2002.” through “‘3600’.”. 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 “Operation 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 and Related Resources”, $30,259,000, to remain available until expended, to be obligated from amounts made available 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 nuclear weapons complex, for “Weapons Activities”, $131,000,000, to remain available until expended, to be obligated 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 increase the security of the Nation’s nuclear weapons complex, for “Defense Nuclear Nonproliferation”, $226,000,000, to remain available until expended, to be obligated from amounts made available in Public Law 107–38. ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES Defense Environmental Restoration and Waste Management For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for “Defense Environmental Restoration and Waste Management”, $8,200,000, to remain available until expended, to be obligated from amounts made available in Public Law 107–38. 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 populations, for “Other Defense Activities”, $3,500,000, to remain available until expended, to be obligated 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 nuclear power plants, for “Salaries and Expenses”, $36,000,000, to remain available until expended, to be obligated from amounts made available in Public Law 107–38: 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 improvements 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, Department of Defense—Civil, Department of the Army, Corps of Engineers—Civil, Construction, Ante, p. 490. 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 Engineers, may initiate construction on the Nutwood Levee, Illinois project”. Sec. 503. 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, 2001, not to exceed an additional $32,000,000 (October 1, 2001, price levels),”. Sec. 504. Jicarilla, New Mexico, Municipal Water System. Public Law 107–66 is amended— Ante, p. 489. (1) under the heading of “Title I, Department of Defense-Civil, Department of the Army, Corps of Engineers-Civil, Construction, General”— (A) by striking “Provided further, That using $2,500,000 of the funds provided herein, the Secretary of the Army, acting through the Chief of Engineers, is directed to proceed with a final design and initiate construction for the repair and replacement of the Jicarilla Municipal Water System in the town of Dulce, New Mexico:”; and (B) insert at the end before the period the following: “: Provided further, That using funds provided herein, the Secretary of the Army, acting through the Chief of Engineers, is directed to transfer $2,500,000 to the Secretary of the Interior for the Bureau of Reclamation to proceed with the Jicarilla Municipal Water System in the town of Dulce, New Mexico”; and (2) under the heading of “Title II, Department of the Ante, p. 498. Interior, Bureau of Reclamation, Water and Related Resources, (Including the Transfer of Funds)”, insert at the end before the period the following: “: Provided further, That using $2,500,000 of the funds provided herein, the Secretary of the Interior is directed to proceed with a final design and initiate construction for the repair and replacement of the Jicarilla Municipal Water System in the town of Dulce, New Mexico”. Sec. 505. (a) Occoquan River, Virginia.— The project for navigation, Occoquan Creek, Virginia, authorized by the first section of the Act entitled “An Act making appropriations for the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes”, approved September 19, 1890 (26 Stat. 440), is modified to direct the Secretary of the Army— (1) to deepen the project to a depth of 9 feet; and (2) to widen the project between Channel Marker Number 2 and the bridge at United States Route 1 to a width of 200 feet. (b) Availability of Funds.— Amounts appropriated to carry out the project referred to in subsection (a) by the Energy and Water Development Appropriations Act, 2001 (as enacted into law by Public Law 106–377), shall be made available to carry out the modifications to the project under subsection (a). (c) Project Redesignation.— (1) In general.— The project referred to in subsection (a) shall be known and designated as the “project for navigation, Occoquan River, Virginia”. (2) References.— Any reference in a law, map, regulation, document, paper, or other record of the United States to the project referred to in subsection (a) shall be deemed to be a reference to the “project for navigation, Occoquan River, Virginia”. CHAPTER 6 BILATERAL ECONOMIC ASSISTANCE Funds Appropriated to the President United States Agency for International Development international disaster assistance For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for “International Disaster Assistance”, $50,000,000, to remain available until expended, to be obligated from amounts made available in Public Law 107–38, for humanitarian and reconstruction activities in Afghanistan, CHAPTER 7 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 “Operation 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 the “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 “Construction”, $21,624,000, to remain available until expended, to be obligated from amounts made available in Public Law 107–38: Provided, That notwithstanding any other provision of law, single but separate procurements for the construction of security improvements at the Washington Monument, for security improvements at the Lincoln Memorial, and for security improvements at the Jefferson Memorial, may be issued that include the full scope of each project, except that each solicitation and contract shall contain the clause “availability of funds” found at section 52.232.18 of title 48, Code of Federal Regulations. Departmental Offices Departmental Management salaries and expenses For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States for “Salaries and Expenses”, $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 Department of the Interior. OTHER RELATED AGENCIES Smithsonian Institution salaries and expenses For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States for “Salaries and Expenses” of the Smithsonian Institution, $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 “Salaries and Expenses” of the National Gallery of Art, $2,148,000, to remain available until expended, to be obligated from amounts made available in Public Law 107–38. 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 “Operations and Maintenance” of the John F. Kennedy Center for the Performing Arts, $4,310,000, to remain available until expended, to be obligated from amounts made available 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 “Salaries and Expenses” of the National Capital Planning Commission, $758,000, to be obligated from amounts made available in Public Law 107–38. GENERAL PROVISIONS, THIS CHAPTER Sec. 701. (a) In General.— The Secretary of the Smithsonian Historic preservation. 20 USC 50 note. Institution shall 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 Smithsoman Institution shall consider collecting and preserving— (1) pieces of the World Trade Center and the Pentagon; (2) still and video images made by private individuals 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 determines have lasting historical significance. (c) Authorization of Appropriations.— There is authorized to be appropriated to the Smithsonian Institution $5,000,000 to carry out this section. Sec. 702. Section 29 of Public Law 92–203, as enacted under section 4 of Public Law 94–204 (43 U.S.C. 1626), is amended by adding at the end of subsection (e) the following: “(4) (A) Congress confirms that Federal procurement programs for tribes and Alaska Native Corporations are enacted pursuant to its authority under Article I, Section 8 of the United States Constitution. “(B) Contracting with an entity defined in subsection (e)(2) of this section or section 3(c) of Public Law 93–262 shall be credited towards the satisfaction of a contractor’s obligations under section 7 of Public Law 87–305. “(C) Any entity that satisfies subsection (e)(2) of this section that has been certified under section 8 of Public Law 85–536 is a Disadvantaged Business Enterprise for the purposes of Public Law 105–178.”. CHAPTER 8 DEPARTMENT OF LABOR Employment and Training Administration training and employment services For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States for “Training and employment services”, $32,500,000, to remain available until expended, to be obligated from amounts made available in Public Law 107–38: Provided, That such amount shall be provided to the Consortium for Worker Education, established by the New York City Central Labor Council and the New York City Partnership, for an Emergency Employment Clearinghouse. state unemployment insurance and employment service operations For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for “State Unemployment Insurance and Employment Service Operations”, $4,100,000, to remain available until expended, to be obligated from amounts made available in Public Law 107–38. workers compensation programs For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for “Workers Compensation Programs”, $175,000,000, to remain available until expended, to be obligated from amounts made available in Public Law 107–38: Provided, That, of such amount, $125,000,000 shall be for payment to the New York State Workers Compensation Review Board, for the processing of claims related to the terrorist attacks: Provided further, That, of such amount, $25,000,000 shall be for payment to the New York State Uninsured Employers Fund, for reimbursement of claims related to the terrorist attacks; Provided further, That, of such amount, $25,000,000 shall be for payment to the New York State Uninsured Employers Fund, for reimbursement of claims related to the first response emergency services personnel who were injured, were disabled, or died due to the terrorist attacks. Pension and Welfare Benefits Administration salaries and expenses For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for “Salaries and Expenses”, $1,600,000, to remain available until expended, to be obligated from amounts made available in Public Law 107–38. Occupational Safety and Health Administration salaries and expenses For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for “Salaries and Expenses”, $1,000,000, to remain available until expended, to be obligated from amounts made available in Public Law 107–38. Departmental Management salaries and expenses For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for “Salaries and Expenses”, $5,880,000, to remain available until expended, to be obligated from amounts made available in Public Law 107–38. DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention disease control, research, and training For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States for “Disease control, research, and training” for baseline safety screening for the emergency services personnel and rescue and recovery personnel, $12,000,000, to remain available until expended, to be obligated from amounts made available in Public Law 107–38. Office of the Secretary public health and social services emergency fund For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, to provide grants to public entities, not-for-profit entities, and Medicare and Medicaid enrolled suppliers and institutional providers to reimburse for health care related expenses or lost revenues directly attributable to the public health emergency resulting from the September 11, 2001, terrorist acts, for “Public Health and Social Services Emergency Fund”, $140,000,000, to remain available until expended, to be obligated from amounts made available in Public Law 107–38: Provided, That none of the costs have been reimbursed or are eligible for reimbursement from other sources. For emergency expenses necessary to support activities related to countering potential biological, disease, and chemical threats to civilian populations, for “Public Health and Social Services Emergency Fund”, $2,504,314,000, to remain available until expended, to be obligated from amounts made available in Public Law 107–38. Of this amount, $865,000,000 shall be for the Centers for Disease Control and Prevention for improving State and local capacity; $135,000,000 shall be for grants to improve hospital capacity to respond to bioterrorism; $100,000,000 shall be for upgrading capacity at the Centers for Disease Control and Prevention, including research: Provided, That up to $10,000,000 of this amount shall be for the tracking and control of biological pathogens; $85,000,000 shall be for the National Institute of Allergy and Infectious Diseases for bioterrorism-related research and development and other related needs; $70,000,000 shall be for the National Institute of Allergy and Infectious Diseases for the construction of a biosafety laboratory and related infrastructure costs; $593,000,000 shall be for the National Pharmaceutical Stockpile; $512,000,000 shall be for the purchase of smallpox vaccine; $71,000,000 shall be for improving laboratory security at the National Institutes of Health and the Centers for Disease Control and Prevention; $7,500,000 shall be for environmental hazard control activities conducted by the Centers for Disease Control and Prevention; $10,000,000 shall be for the Substance Abuse and Mental Health Services Administration; and $55,814,000 shall be for bioterrorism preparedness and disaster response activities in the Office of the Secretary. At the discretion of the Secretary, these amounts may be transferred between categories subject to normal reprogramming procedures. DEPARTMENT OF EDUCATION school improvement programs For emergency expenses to provide education-related services to local educational agencies in which the learning environment has been disrupted due to a violent or traumatic crisis, for the Project School Emergency Response to Violence program, $10,000,000, to remain available until expended, and to be obligated from amounts made available in Public Law 107–38. RELATED AGENCIES National Labor Relations Board salaries and expenses For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for “Salaries and Expenses”, $180,000, to remain available until expended, to be obligated from amounts made available in Public Law 107–38. Social Security Administration limitation on administrative expenses For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for “Limitation on Administrative Expenses”, $7,500,000, to remain available until expended, to be obligated from amounts made available in Public Law 107–38. CHAPTER 9 LEGISLATIVE BRANCH JOINT ITEMS legislative branch emergency response fund (including transfer of funds) For emergency expenses to respond to the terrorist attacks on the United States, $256,081,000, to remain available until expended, to be obligated from amounts made available in Public Law 107–38: Provided, That $34,500,000 shall be transferred to “Senate”, “Sergeant at Arms and Doorkeeper of the Senate”, and shall be obligated with the prior approval of the Senate Committee on Appropriations: Provided further, That $41,712,000 shall be transferred to “House of Representatives”, “Salaries and Expenses”, and shall be obligated with the prior approval of the House Committee on Appropriations: Provided further, That $31,000,000 shall be transferred to “Capitol Police Board”, “Capitol Police”, “General Expenses”; Provided further, That $350,000 shall be transferred to “Capitol Guide Service and Special Services Office”: Provided further, That $106,304,000 shall be transferred to “Architect of the Capitol”, “Capitol Buildings and Grounds”, “Capitol Buildings”: Provided further, That $29,615,000 shall be transferred to “Library of Congress”, “Salaries and Expenses”: Provided further, That $4,000,000 shall be transferred to the “Government Printing Office”, “Government Printing Office Revolving Fund”: Provided further, That $7,600,000 shall be transferred to “General Accounting Office”, “Salaries and Expenses”: Provided further, That $1,000,000 shall be transferred as a grant to the United States Capitol Historical Society: Provided further, That any Legislative Branch entity receiving funds pursuant to the Emergency Response Fund established by Public Law 107–38 (without regard to whether the funds are provided under this chapter or pursuant to any other provision of law) may transfer any funds provided to the entity to any other Legislative Branch account in an amount equal to that required to provide support for security enhancements, subject to the approval of the Committees on Appropriations of the House of Representatives and Senate. SENATE Administrative Provisions Sec. 901. (a) Acquisition of Buildings and Facilities.— 40 USC 174b–2. 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 for the use of the Senate, as appropriate, by lease, purchase, or such other arrangement as the Sergeant at Arms of the Senate considers appropriate (including a memorandum of understanding with the head of an executive agency, as defined in section 105 of title 5, United States Code, in the case of a building or facility under the control of such Agency). Actions taken by the Sergeant at Arms of the Senate must be approved by the Committees on Appropriations and Rules and Administration. (b) Agreements.— Notwithstanding any other provision of law, for purposes of carrying out subsection (a), the Sergeant at Arms of the Senate may carry out such activities and enter into such agreements related to the use of any building or facility acquired pursuant to such subsection as the Sergeant at Arms of the Senate considers appropriate, including— (1) agreements with the United States Capitol Police or any other entity relating to the policing of such building or facility; and (2) agreements with the Architect of the Capitol or any other entity relating to the care and maintenance of such building or facility. (c) Authority of Capitol Police and Architect.— (1) Architect of the capitol.— Notwithstanding any other provision of law, the Architect of the Capitol may take any action necessary to carry out an agreement entered into with the Sergeant at Arms of the Senate pursuant to subsection (b). (2) Capitol police.— Section 9 of the Act of July 31, 1946 (40 U.S.C. 212a) is amended— (A) by striking “The Capitol Police” and inserting “(a) The Capitol Police”; and (B) by adding at the end the following new subsection: “(b) For purposes of this section, ‘the United States Capitol Buildings and Grounds’ shall include any building or facility acquired by the Sergeant at Arms of the Senate for the use of the Senate for which the Sergeant at Arms of the Senate has entered into an agreement with the United States Capitol Police for the policing of the building or facility.”. (d) Transfer of Certain Funds.— Subject to the approval of the Committee on Appropriations of the Senate, the Architect of the Capitol may transfer to the Sergeant at Arms of the Senate amounts made available to the Architect for necessary expenses for the maintenance, care and operation of the Senate office buildings during a fiscal year in order to cover any portion of the costs incurred by the Sergeant at Arms of the Senate during the year in acquiring a building or facility pursuant to subsection (a). (e) Effective Date.— This section and the amendments made by this section shall apply with respect to fiscal year 2002 and each succeeding fiscal year. Sec. 902. (a) Notwithstanding any other provision of law— (1) subject to subsection (b), the Sergeant at Arms of the Senate and the head of an executive agency (as defined in section 105 of title 5, United States Code) may enter into a memorandum of understanding under which the agency may provide facilities, equipment, supplies, personnel, and other support services for the use of the Senate during an emergency situation; and (2) the Sergeant at Arms of the Senate and the head of the agency may take any action necessary to carry out the terms of the memorandum of understanding. (b) The Sergeant at Arms of the Senate may enter into a memorandum of understanding described in subsection (a)(1) consistent with the Senate Procurement Regulations. (c) This section shall apply with respect to fiscal year 2002 Applicability. and each succeeding fiscal year. HOUSE OF REPRESENTATIVES Administrative Provisions Sec. 903. (a) Acquisition of Buildings and Facilities.— 40 USC 175a. Notwithstanding any other provision of law, in order to respond to an emergency situation, the Chief Administrative Officer of the House of Representatives may acquire buildings and facilities for the use of the House of Representatives by lease, purchase, or such other arrangement as the Chief Administrative Officer considers appropriate (including a memorandum of understanding with the head of an executive agency, as defined in section 105 of title 5, United States Code, in the case of a building or facility under the control of such Agency), subject to the approval of the House Office Building Commission. (b) Agreements.— Notwithstanding any other provision of law, for purposes of carrying out subsection (a), the Chief Administrative Officer may carry out such activities and enter into such agreements related to the use of any building or facility acquired pursuant to such subsection as the Chief Administrative Officer considers appropriate, including— (1) agreements with the United States Capitol Police or any other entity relating to the policing of such building or facility; and (2) agreements with the Architect of the Capitol or any other entity relating to the care and maintenance of such building or facility. (c) Authority of Capitol Police and Architect.— (1) Architect of the capitol.— Notwithstanding any other provision of law, the Architect of the Capitol may take any action necessary to carry out an agreement entered into with the Chief Administrative Officer pursuant to subsection (b). (2) Capitol police.— Section 9 of the Act of July 31, 1946 (40 U.S.C. 212a) is amended— (A) by striking “The Capitol Police” and inserting “(a) The Capitol Police”; and (B) by adding at the end the following new subsection: “(b) For purposes of this section, ‘the United States Capitol Buildings and Grounds’ shall include any building or facility acquired by the Chief Administrative Officer of the House of Representatives for the use of the House of Representatives for which the Chief Administrative Officer has entered into an agreement with the United States Capitol Police for the policing of the building or facility.”. (d) Transfer of Certain Funds.— Subject to the approval of the Committee on Appropriations of the House of Representatives, the Architect of the Capitol may transfer to the Chief Administrative Officer amounts made available to the Architect for necessary expenses for the maintenance, care and operation of the House office buildings during a fiscal year in order to cover any portion of the costs incurred by the Chief Administrative Officer during the year in acquiring a building or facility pursuant to subsection (a). (e) Effective Date.— This section and the amendments made by this section shall apply with respect to fiscal year 2002 and each succeeding fiscal year. Sec. 904. (a) Notwithstanding any other provision of law— (1) subject to subsection (b), the Chief Administrative Officer of the House of Representatives and the head of an executive agency (as defined in section 105 of title 5, United States Code) may enter into a memorandum of understanding under which the agency may provide facilities, equipment, supplies, personnel, and other support services for the use of the House of Representatives during an emergency situation; and (2) the Chief Administrative Officer and the head of the agency may take any action necessary to carry out the terms of the memorandum of understanding. (b) The Chief Administrative Officer of the House of Representatives may not enter into a memorandum of understanding described in subsection (a)(1) without the approval of the Speaker of the House of Representatives. (c) This section shall apply with respect to fiscal year 2002 and each succeeding fiscal year. Sec. 905. (a) There is established in the House of Representatives an office to be known as the House of Representatives Office of Emergency Planning, Preparedness, and Operations. The Office shall be responsible for mitigation and preparedness operations, crisis management and response, resource services, and recovery operations. (b) The Speaker, in consultation with the minority leader— (1) shall provide policy direction for, and oversight of, the Office; (2) shall appoint and set the annual rate of pay for employees of the Office, including a Director, who shall be the head of the Office; (3) shall exercise, with respect to any employee of the Office, the authority referred to in section 8344(k)(2)B) of title 5, United States Code, and the authority referred to in section 8468(h)(2)(B) of title 5, United States Code; (4) shall approve procurement of services of experts and consultants by the Office or by committees or other entities of the House of Representatives for assignment to the Office; and (5) may request the head of any Federal department or agency to detail to the Office, on a reimbursable basis, any of the personnel of the department or agency. (c) The day-to-day operations of the Office shall be carried out by the Director, under the supervision of a Board, to be known as the House of Representatives Continuity of Operations Board, comprised of the Clerk, the Sergeant at Arms, and the Chief Administrative Officer of the House of Representatives. The Clerk shall be the Chairman of the Board. (d) Until otherwise provided by law, funds shall be available for the Office from amounts appropriated for the operations of the House of Representatives. (e) This section shall take effect on the date of the enactment Effective date. Applicability. of this Act and shall apply to fiscal years beginning with fiscal year 2002. Sec. 906. (a) As determined by the Sergeant at Arms of the Anthrax. Mail. House of Representatives, any anthrax-contaminated mail delivered by the United States Postal Service to the House of Representatives shall be destroyed or otherwise disposed of. (b) No action taken under this section may serve as a basis for civil or criminal liability of any individual or entity. (c) As used in this section, the term “anthrax-contaminated mail” means any mail matter that, as determined by the Sergeant at Arms, by reason of the events of October 2001— (1) is contaminated by anthrax or any other substance the mailing of which is prohibited by section 1716 of title 18, United States Code, or any other law of the United States; or (2) may be so contaminated, but the ascertainment of which is not technically feasible or is otherwise impracticable. (d) This section shall apply with respect to fiscal year 2002 Applicability. and each succeeding fiscal year. OTHER LEGISLATIVE BRANCH Administrative Provisions Sec. 907. (a) Section 1(c) of Public Law 96–152 (40 U.S.C. 206–1) is amended by striking “but not to exceed” and all that follows and inserting the following: “but not to exceed $2,500 less than the lesser of the annual salary for the Sergeant at Arms of the House of Representatives or the annual salary for the Sergeant at Arms and Doorkeeper of the Senate.”. (b) The Assistant Chief of the Capitol Police shall receive compensation 40 USC 206 note. at a rate determined by the Capitol Police Board, but not to exceed $1,000 less than the annual salary for the chief of the United States Capitol Police. (c) This section and the amendment made by this section shall Applicability. 40 USC 206–1 note. apply with respect to pay periods beginning on or after the date of the enactment of this Act. Sec. 908. (a) The Capitol Police Board may, in order to recruit 40 USC 207b–1. or retain qualified personnel, establish and maintain a program under which the Capitol Police may agree to repay (by direct payments on behalf of a civilian employee or member of the Capitol Police) all or a portion of any student loan previously taken out by such employee or member. (b) The Capitol Police Board may, by regulation, make applicable such provisions of section 5379 of title 5, United States Code, as the Board determines necessary to provide for such program. (c) The regulations shall provide that the amount paid by the Capitol Police may not exceed— (1) $6,000 for any civilian employee or member of the Capitol Police in any calendar year; or (2) a total of $40,000 in the case of any employee or member. (d) The Capitol Police may not reimburse a civilian employee or member of the Capitol Police for any repayments made by such employee or member prior to the Capitol Police entering into an agreement under this section with such employee or member. (e) Any amount repaid by, or recovered from, an individual under this section and its implementing regulations shall be credited to the appropriation account available for salaries and expenses of the Capitol Police at the time of repayment or recovery. Such credited amount may be used for any authorized purpose of the account and shall remain available until expended. (f) This section shall apply to fiscal year 2002 and each fiscal year thereafter. Sec. 909. (a) Recruitment and Relocation Bonuses.— (1) Authorization of payment.— The Capitol Police Board (hereafter in this section referred to as the “Board”) may authorize the Chief of the United States Capitol Police (hereafter in this section referred to as the “Chief”) to pay a bonus to an individual who is newly appointed to a position as an officer or employee of the Capitol Police, and to pay an additional bonus to an individual who must relocate to accept a position as an officer or employee of the Capitol Police, if the Board determines that the Capitol Police would be likely, in the absence of such a bonus, to encounter difficulty in filling the position. (2) Amount of payment.— The amount of a bonus under this subsection shall be determined by regulations of the Board, but the amount of any bonus paid to an individual under this subsection may not exceed 25 percent of the annual rate of basic pay of the position to which the individual is being appointed. (3) Minimum period of service required.— Payment of a bonus under this subsection shall be contingent upon the individual entering into an agreement with the Capitol Police to complete a period of employment with the Capitol Police, with the required period determined pursuant to regulations of the Board. If the individual voluntarily fails to complete such period of service or is separated from the service before completion of such period of service for cause on charges of misconduct or delinquency, the individual shall repay the bonus on a pro rata basis. (4) Bonus not considered part of basic pay.— A bonus under this subsection shall be paid as a lump sum, and may not be considered to be part of the basic pay of the officer or employee. (5) Payment permitted prior to commencement of duty.— Under regulations of the Board, a bonus under this subsection may be paid to a newly-hired officer or employee before the officer or employee enters on duty. (b) Retention Allowances.— (1) Authorization of payment.— The Board may authorize the Chief to pay an allowance to an officer or employee of the United States Capitol Police if— (A) the unusually high or unique qualifications of the officer or employee or a special need of the Capitol Police for the officer’s or employee’s services makes it essential to retain the officer or employee; and (B) the Chief determines that the officer or employee would be likely to leave in the absence of a retention allowance. (2) Amount of payment.— A retention allowance, which shall be stated as a percentage of the rate of basic pay of the officer or employee, may not exceed 25 percent of such rate of basic pay. (3) Payment not considered part of basic pay.— A retention allowance may not be considered to be part of the basic pay of an officer or employee, and the reduction or elimination of a retention allowance may not be appealed. The preceding sentence shall not be construed to extinguish or lessen any right or remedy under any of the laws made applicable to the Capitol Police pursuant to section 102 of the Congressional Accountability Act of 1995 (2 U.S.C. 1302). (4) Time and manner of payment.— A retention allowance under this subsection shall be paid at the same time and in the same manner as the officer’s or employee’s basic pay is paid. (c) Lump Sum Incentive and Merit Bonus Payments.— (1) In general.— The Board may pay an incentive or merit bonus to an officer or employee of the United States Capitol Police who meets such criteria for receiving the bonus as the Board may establish. (2) Bonus not considered part of basic pay.— A bonus under this subsection shall be paid as a lump sum, and may not be considered to be part of the basic pay of the officer or employee. (d) Service Step Increases for Meritorious Service For Officers.— Upon the approval of the Chief— (1) an officer of the United States Capitol Police in a service step who has demonstrated meritorious service (in accordance with criteria established by the Chief or the Chiefs designee) may be advanced in compensation to the next higher service step, effective with the first pay period which begins after the date of the Chief’s approval; and (2) an officer of the United States Capitol Police in a service step who has demonstrated extraordinary performance (in accordance with criteria established by the Chief or the Chiefs designee) may be advanced in compensation to the second next higher service step, effective with the first pay period which begins after the date of the Chiefs approval. (e) Additional Compensation for Field Training Officers.— (1) In general.— Each officer of the United States Capitol Police who is assigned to duty as a field training officer shall receive, in addition to the officer’s scheduled rate of compensation, an additional amount determined by the Board (but not to exceed $2,000 per annum). (2) Manner of payment.— The additional compensation authorized by this subsection shall be paid to the officer in the same manner as the officer is paid basic compensation, except that when the officer ceases to be assigned to duty as a field training officer, the loss of such additional compensation shall not constitute an adverse action for any purpose. (f) Regulations.— (1) In general.— The payment of bonuses, allowances, step increases, compensation, and other payments pursuant to this section shall be carried out in accordance with regulations prescribed by the Board. (2) Approval.— The regulations prescribed pursuant to this subsection shall be subject to the approval of the Committee on Rules and Administration of the Senate, the Committee on House Administration of the House of Representatives, and the Committees on Appropriations of the Senate and the House of Representatives. (g) Effective date.— This section shall apply with respect to fiscal year 2002 and each succeeding fiscal year. Sec. 910. In addition to the authority provided under section 121 of the Legislative Branch Appropriations Act, 2002, at any time on or after the date of the enactment of this Act, the Capitol Police Board may accept contributions of comfort and other incidental items and services to support officers and employees of the United States Capitol Police while such officers and employees are on duty in response to emergencies involving the safety of human life or the protection of property. Sec. 911. Assistance by Executive Departments and Agencies to the Capitol Police. (a) Assistance.— (1) In general.— Executive departments and Executive agencies may assist the United States Capitol Police in the performance of its duties by providing services (including personnel), equipment, and facilities on a temporary and reimbursable basis when requested by the Capitol Police Board and on a permanent and reimbursable basis upon advance written request of the Capitol Police Board; except that the Department of Defense and the Coast Guard may provide such assistance on a temporary basis without reimbursement when assisting the United States Capitol Police in its duties directly related to protection under the Act of July 31, 1946 (40 U.S.C. 212a–2). Before making a request under this paragraph, the Capitol Police Board shall consult with appropriate Members of the Senate and House of Representatives in leadership positions, except in an emergency. (2) Procurement.— No services (including personnel), equipment, or facilities may be ordered, purchased, leased, or otherwise procured for the purposes of carrying out the duties of the United States Capitol Police by persons other than officers or employees of the Federal Government duly authorized by the Chairman of the Capitol Police Board to make such orders, purchases, leases, or procurements. (3) Expenditures or obligation of funds.— No funds may be expended or obligated for the purpose of carrying out this section other than funds specifically appropriated to the Capitol Police Board or the United States Capitol Police for those purposes with the exception of— (A) expenditures made by the Department of Defense or the Coast Guard from funds appropriated to the Department of Defense or the Coast Guard in providing assistance on a temporary basis to the United States Capitol Police in the performance of its duties directly related to protection under the Act of July 31, 1946 (40 U.S.C. 212a–2); and (B) expenditures made by Executive departments and agencies, in providing assistance at the request of the United States Capitol Police in the performance of its duties, and which will be reimbursed by the United States Capitol Police under this section. (4) Provision of assistance.— Assistance under this section shall be provided— (A) consistent with the authority of the Capitol Police under sections 9 and 9A of the Act of July 31, 1946 (40 U.S.C. 212a and 212a–2); (B) upon the advance written request of— (i) the Capitol Police Board; or (ii) in an emergency— (I) the Sergeant at Arms and Doorkeeper of the Senate in any matter relating to the Senate; or (II) the Sergeant at Arms of the House of Representatives in any matter relating to the House of Representatives; and (C) (i) on a temporary and reimbursable basis; (ii) on a permanent reimbursable basis upon advance written request of the Capitol Police Board; or (iii) on a temporary basis without reimbursement by the Department of Defense and the Coast Guard as described under paragraph (1). (b) Reports.— (1) Submission.— With respect to any fiscal year in which Deadline. an executive department or executive agency provides assistance under this section, the head of that department or agency shall submit a report not later than 90 days after the end of the fiscal year to the Chairman of the Capitol Police Board. (2) Content.— The report submitted under paragraph (1) shall contain a detailed account of all expenditures made by the Executive department or executive agency in providing assistance under this section during the applicable fiscal year. (3) Summary.— After receipt of all reports under paragraph (2) with respect to any fiscal year, the Chairman of the Capitol Police Board shall submit a summary of such reports to the Committees on Appropriations of the Senate and the House of Representatives. (c) Effective Date.— This section shall take effect on the date Applicability. of enactment of this Act and apply to each fiscal year occurring after such date. Sec. 912. (a) (1) In the event of an emergency, as determined by the Capitol Police Board, or of a joint session of Congress, the Chief of the Capitol Police may enter into agreements— (A) with the District of Columbia to deputize members of the District of Columbia National Guard, who are qualified for law enforcement functions, for duty with the Captiol Police for the purpose of policing the Capitol grounds; and (B) with any appropriate governmental law enforcement authority to deputize law enforcement officers for duty with the Capitol Police for the purpose of policing the Capitol grounds. (2) Any agreement under paragraph (1) shall be subject to initial approval by the Capitol Police Board and to final approval by the Speaker of the House of Representatives (in consultation with the Minority Leader of the House of Representatives) and the President pro tempore of the Senate (in consultation with the Minority Leader of the Senate), acting jointly. (b) Subject to approval by the Speaker of the House of Representatives (in consultation with the Minority Leader of the House of Representatives) and the President pro tempore of the Senate (in consultation with the Minority Leader of the Senate), acting jointly, the Capitol Police Board shall prescribe regulations to carry out this section. (c) This section shall expire on September 30, 2002. Sec. 913. (a) Notwithstanding any other provision of law, the United States Capitol Preservation Commission established under section 801 of the Arizona-Idaho Conservation Act of 1988 (40 U.S.C. 188a) may transfer to the Architect of the Capitol amounts in the Capitol Preservation Fund established under section 803 of such Act (40 U.S.C. 188a–2) if the amounts are to be used by the Architect for the planning, engineering, design, or construction of the Capitol Visitor Center. (b) Any amounts transferred pursuant to subsection (a) shall remain available for the use of the Architect of the Capitol until expended. (c) This section shall apply with respect to fiscal year 2002 and each succeeding fiscal year. Sec. 914. (a) In accordance with the authority described in section 308(a) of the Legislative Branch Appropriations Act, 1988 (40 U.S.C. 166b–3a(a)), section 108 of the Legislative Branch Appropriations Act, 1991 (40 U.S.C. 166b–3b), as amended by section Ante, p. 580. 129(c)(1) of the Legislative Branch Appropriations Act, 2002, is amended by adding at the end the following new subsection: “(c) The Architect of the Capitol may fix the rate of basic pay for not more than 4 positions for Executive Project Directors whose salary is payable from project funds, at a rate not to exceed 95 percent of the highest total rate of pay for the Senior Executive Service under subchapter VIII of chapter 53 of title 5, United States Code, for the locality involved.”. (b) The amendment made by subsection (a) shall apply with respect to pay periods beginning on or after October 1, 2001. Sec. 915. (a) Public Law 107–68 is amended by adding at the end the following: “This Act may be cited as the ‘Legislative Branch Appropriations Act, 2002’.”. (b) The amendment made by subsection (a) shall take effect as if included in the enactment of Public Law 107–68. Sec. 916. Section 102 of the Legislative Branch Appropriations Act, 2002 (Public Law 107–68) is amended— (1) in subsection (a), by striking paragraph (1) and redesignating paragraphs (2) through (6) as paragraphs (1) through (5), respectively; (2) in subsection (g)(1)— (A) in subparagraph (A), by striking “subsection (i)(1)(A)” and inserting “subsection (h)(1)(A)”; and (B) in subparagraph (B), by striking “subsection (i)(1)(B)” and inserting “subsection (h)(1)(B)”. Sec. 917. (a) Section 209 of the Legislative Branch Appropriations 36 USC note prec. 101. Act, 2002 (Public Law 107–68) is amended in the matter amending Public Law 106–173 by striking the quotation marks and period at the end of the new subsection (g) and inserting the following: “Any reimbursement under this subsection shall be credited to the appropriation, fund, or account used for paying the amounts reimbursed. “(h) Employment Benefits.— “(1) In general.— The Commission shall fix employment benefits for the Director and for additional personnel appointed under section 6(a), in accordance with paragraphs (2) and (3). “(2) Employment benefits for the director.— “(A) In general.— The Commission shall determine whether or not to treat the Director as a Federal employee for purposes of employment benefits. If the Commission determines that the Director is to be treated as a Federal employee, then he or she is deemed to be an employee as that term is defined by section 2105 of title 5, United States Code, for purposes of chapters 63, 83, 84, 87, 89, and 90 of that title, and is deemed to be an employee for purposes of chapter 81 of that title. If the Commission determines that the Director is not to be treated as a Federal employee for purposes of employment benefits, then the Commission or its administrative support service provider shall establish appropriate alternative employment benefits for the Director. The Commission’s determination Notification. shall be irrevocable with respect to each individual appointed as Director, and the Commission shall notify the Office of Personnel Management and the Department of Labor of its determination. Notwithstanding the Commission’s determination, the Director’s service is deemed to be Federal service for purposes of section 8501 of title 5, United States Code. “(B) Detailee serving as director.— Subparagraph (A) shall not apply to a detailee who is serving as Director. “(3) Employment benefits for additional personnel.— A person appointed to the Commission staff under subsection (b)(2) is deemed to be an employee as that term is defined by section 2105 of title 5, United States Code, for purposes of chapters 63, 83, 84, 87, 89, and 90 of that title, and is deemed to be an employee for purposes of chapter 81 of that title.”. (b) The amendments made by this section shall take effect Effective date. 36 USC note prec. 101. as if included in the enactment of the Legislative Branch Appropriations Act, 2002 (Public Law 107–68). Sec. 918. (a) Section 133(a) of the Legislative Branch Appropriations Act, 2002 (Public Law 107–68) is amended— Ante, p. 581. (1) by striking “90-day” in paragraph (1) and inserting “180-day”; and (2) by striking “90 days” in paragraph (2)(C) and inserting “180 days”. (b) The amendments made by subsection (a) shall take effect Effective date. as if included in the enactment of the Legislative Branch Appropriations Act, 2002 (Public Law 107–68). CHAPTER 10 DEPARTMENT OF DEFENSE MILITARY CONSTRUCTION Military Construction, Army For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for “Military Construction, Army”, $20,700,000, to remain available until expended: Provided, That these funds shall be obligated from amounts made available in Public Law 107–38. Military Construction, Navy For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for “Military Construction, Navy”, $2,000,000, to remain available until expended: Provided, That these funds shall be obligated from amounts made available in Public Law 107–38. Military Construction, Air Force For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for “Military Construction, Air Force”, $46,700,000, to remain available until expended: Provided, That these funds shall be obligated from amounts made available in Public Law 107–38. Military Construction, Defense-Wide (including transfer of funds) For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for “Military Construction, Defense-wide”, $35,000,000 to remain available until expended, to be obligated from amounts made available in Public Law 107–38; Provided, That such amount shall be available for transfer to “Military Construction, Army”. GENERAL PROVISIONS, THIS CHAPTER Sec. 1001. (a) Availability of Amounts for Military Construction Relating to Terrorism.— Amounts made available to the Department of Defense from funds appropriated in Public Law 107–38 and this Act may be used to carry out military construction projects, not otherwise authorized by law, that the Secretary of Defense determines are necessary to respond to or protect against acts or threatened acts of terrorism. (b) Notice to Congress.— Not later than 15 days before obligating amounts available under subsection (a) for military construction projects referred to in that subsection the Secretary shall notify the appropriate committees of Congress of the following: (1) The determination to use such amounts for the project. (2) The estimated cost of the project and the accompanying Form 1391. (c) Appropriate Committees of Congress Defined.— In this section the term “appropriate committees of Congress” has the meaning given that term in section 2801 (4) of title 10, United States Code. Sec. 1002. Section 138 of Public Law 106–246 is amended 114 Stat. 524. by striking “$77,500,000” and inserting in lieu “$102,000,000 for project completion”. Sec. 1003. Section 2202(a) of the National Defense Authorization Act for Fiscal Year 2002 is amended in the “Navy: Family Ante, p. 1288. Housing” table, by striking “Naval Construction Battalion Center, Gulfport” and inserting “Naval Station, Pascagoula”. CHAPTER 11 DEPARTMENT OF TRANSPORTATION Office of the Secretary Transportation Security Administration For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for the “Transportation Security Administration”, $94,800,000, to remain available until September 30, 2003, to be obligated from amounts made available in Public Law 107–38: Provided, That $93,300,000 shall be for the Under Secretary of Transportation for Security to award competitive grants to critical national seaports to finance the costs of enhancing facility and operational security: Provided further, That such grants shall be awarded based on the need for security assessments and enhancements as determined by the Under Secretary of Transportation for Security, the Administrator of the Maritime Administration, and the Commandant of the U.S. Coast Guard: Provided further, That such grants shall not supplant funding already provided either by the ports or by any Federal entity: Provided farther, That no more than $1,000,000 of the grant funds available under this heading shall be used for administration. payments to air carriers (airport and airway trust fund) For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, in addition to funds made available from any other source to carry out the essential air service program under 49 U.S.C. 41731 through 41742, to be derived from the Airport and Airway Trust Fund, $50,000,000, to remain available until expended, to be obligated from amounts made available in Public Law 107–38. Coast Guard operating expenses For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for “Operating Expenses”, $209,150,000, to remain available until September 30, 2003, to be obligated from amounts made available in Public Law 107–38. Federal Aviation Administration operations (airport and airway trust fund) For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for “Operations”, $200,000,000, to be derived from the Airport and Airway Trust Fund and to remain available until September 30, 2003, to be obligated from amounts made available in Public Law 107–38. facilities and equipment (airport and airway trust fund) For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for “Facilities and Equipment”, $108,500,000, to be derived from the Airport and Airway Trust Fund, to remain available until September 30, 2004, and to be obligated from amounts made available in Public Law 107–38. research, engineering, and development (airport and airway trust fund) For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for “Research, Engineering, and Development”, $50,000,000, to be derived from the Airport and Airway Trust Fund, to remain available until September 30, 2003, and to be obligated from amounts made available in Public Law 107–38. grants-in-aid for airports (airport and airway trust fund) For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, notwithstanding any other provision of law, for “Grants-in-aid for airports”, to enable the Federal Aviation Administrator to compensate airports for a portion of the direct costs associated with new, additional or revised security requirements imposed on airport operators by the Administrator on or after September 11, 2001, $175,000,000, to be derived from the Airport and Airway Trust Fund, to remain available until expended, and to be obligated from amounts made available in Public Law 107–38. Federal Highway Administration miscellaneous appropriations (highway trust fund) For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for “Miscellaneous Appropriations”, including the operation and construction of ferries and ferry facilities, $100,000,000, to be derived from the Highway Trust Fund, to remain available until expended, and to be obligated from amounts made available in Public Law 107–38. federal-aid highways emergency relief program (highway trust fund) For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for the “Emergency Relief Program”, as authorized by section 125 of title 23, United States Code, $75,000,000, to be derived from the Highway Trust Fund and to remain available until expended, to be obligated from amounts made available in Public Law 107–38. Federal Railroad Administration safety and operations For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for “Safety and Operations”, $6,000,000, to remain available until expended, to be obligated from amounts made available in Public Law 107–38. capital grants to the national railroad passenger corporation For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for necessary expenses of capital improvements of the National Railroad Passenger Corporation as authorized by 49 U.S.C. 24104(a), $100,000,000, to remain available until expended, and to be obligated from amounts made available in Public Law 107–38. Federal Transit Administration formula grants For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for “Formula Grants”, $23,500,000, to remain available until expended, to be obligated from amounts made available in Public Law 107–38. capital investment grants For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for “Capital Investment Grants”, $100,000,000, to remain available until expended, and to be obligated from amounts made available in Public Law 107–38: Provided, That in administering funds made available under this paragraph, the Federal Transit Administrator shall direct funds to those transit agencies most severely impacted by the terrorist attacks of September 11, 2001, excluding any transit agency receiving a Federal payment elsewhere in this Act: Provided further, That the provisions of 49 U.S.C. 5309(h) shall not apply to funds made available under this paragraph. Research and Special Programs Administration research and special programs For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for “Research and Special Programs,” $2,500,000, to remain available until expended, to be obligated from amounts made available in Public Law 107–38. Office of Inspector General salaries and expenses For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States and for other safety and security related audit and monitoring responsibilities, for “Salaries and Expenses”, $1,300,000, to remain available until September 30, 2003, to be obligated from amounts made available in Public Law 107–38. RELATED AGENCY National Transportation Safety Board salaries and expenses For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for “Salaries and Expenses,” $650,000, to remain available until September 30, 2003, to be obligated from amounts made available in Public Law 107–38. GENERAL PROVISIONS, THIS CHAPTER Sec. 1101. Section 5117(b)(3) of the Transportation Equity Act for the 21st Century (Public Law 105–178; 112 Stat. 449; 23 U.S.C. 502 note) is amended— (1) by redesignating subparagraphs (C), (D), and (E) as subparagraphs (D), (F), and (G), respectively; (2) by inserting after subparagraph (B) the following new subparagraph (C): “(C) Follow-on deployment.— (i) After an intelligent transportation infrastructure system deployed in an initial deployment area pursuant to a contract entered into under the program under this paragraph has received system acceptance, the Department of Transportation has the authority to extend the original contract that was competitively awarded for the deployment of the system in the follow-on deployment areas under the contract, using the same asset ownership, maintenance, fixed price contract, and revenue sharing model, and the same competitively selected consortium leader, as were used for the deployment in that initial deployment area under the program. “(ii) If any one of the follow-on deployment areas does not commit, by July 1, 2002, to participate in the deployment of the system under the contract, then, upon application by any of the other follow-on deployment areas that have committed by that date to participate in the deployment of the system, the Secretary shall supplement the funds made available for any of the follow-on deployment areas submitting the applications by using for that purpose the funds not used for deployment of the system in the nonparticipating area. Costs paid out of funds provided in such a supplementation shall not be counted for the purpose of the limitation on maximum cost set forth in subparagraph (B).”; (3) by inserting after subparagraph (D), as redesignated by paragraph (1), the following new subparagraph (E): “(E) Definitions.— In this paragraph: “(i) The term ‘initial deployment area’ means a metropolitan area referred to in the second sentence of subparagraph (A). “(ii) The term ‘follow-on deployment areas’ means the metropolitan areas of Baltimore, Birmingham, Boston, Chicago, Cleveland, Dallas/Ft. Worth, Denver, Detroit, Houston, Indianapolis, Las Vegas, Los Angeles, Miami, New York/Northem New Jersey, Northern Kentucky/Cincinnati, Oklahoma City, Orlando, Philadelphia, Phoenix, Pittsburgh, Portland, Providence, Salt Lake, San Diego, San Francisco, St. Louis, Seattle, Tampa, and Washington, District of Columbia."; and (4) in subparagraph (D), as redesignated by paragraph (1), by striking “subparagraph (D)” and inserting “subparagraph (F)”. Sec. 1102. No appropriated funds or revenues generated by the National Railroad Passenger Corporation may be used to implement section 204(c)(2) of Public Law 105–134 until the Congress has enacted an Amtrak reauthorization Act. Sec. 1103. (a) Notwithstanding any other provision of law, of the funds authorized under section 110 of title 23, United States Code, for fiscal year 2002, no funds shall be available for the program authorized under section 110l(a)(11) of Public Law 105–178 and $29,542,304 shall be set aside for the project as authorized under title IV of the National Highway System Designation Act of 1995, as amended: Provided, That, if funds authorized under these provisions have been distributed then the amount so specified shall be recalled proportionally from those funds distributed to the States under section 110(b)(4)(A) and (B) of title 23, United States Code. (b) Notwithstanding any other provision of law, for fiscal year 2002, funds available for environmental streamlining activities under section 104(a)(1)(A) of title 23, United States Code, may include making grants to, or entering into contracts, cooperative agreements, and other transactions, with a Federal agency, State agency, local agency, authority, association, nonprofit or for-profit corporation, or institution of higher education. (c) Notwithstanding any other provision of law, of the funds authorized under section 110 of title 23, United States Code, for fiscal year 2002, and made available for the National motor carrier safety program, $5,896,000 shall be for State commercial driver’s license program improvements. (d) Notwithstanding any other provision of law, of the funds authorized under section 110 of title 23, United States Code, for fiscal year 2002, and made available for border infrastructure improvements, up to $2,300,000 shall be made available to carry out section 1119(d) of the Transportation Equity Act for the 21st Century, as amended. Sec. 1104. Notwithstanding any other provision of law, of the amounts appropriated in fiscal year 2002 for the Research and Special Programs Administration, $3,170,000 of funds provided for research and special programs shall remain available until September 30, 2004, and $22,786,000 of funds provided for the pipeline safety program derived from the pipeline safety fund shall remain available until September 30, 2004. Sec. 1105. Item 1497 in the table contained in section 1602 of the Transportation Equity Act for the 21st Century (112 Stat. 312), relating to Alaska, is amended by inserting “and construct capital improvements to intermodal marine freight and passenger facilities and access thereto” before “in Anchorage”. Sec. 1106. The Department of Transportation and Related Ante, p. 860. Agencies Appropriations Act, 2002 is amended in section 330 by striking “$144,000,000” and inserting “$148,300,000” and in section 349 by striking “$5,000,000” and inserting “$9,300,000” and by striking “$120,323,000” and inserting “$116,023,000”. Sec. 1107. Notwithstanding any other provision of law, none of the funds in the Department of Transportation and Related Agencies Appropriations Act, 2002 shall be available for salaries and expenses of more than 102 political and Presidential appointees in the Department of Transportation: Provided, That none of the funds in this Act, or any other Appropriations Act for fiscal year 2002, shall be available for the position of Under Secretary of Transportation for Policy or the position of Assistant Secretary for Public Affairs. Sec. 1108. Section 1511(b) of the Transportation Equity Act 23 USC 181 note. for the 21st Century (Public Law 105–178), as amended, is amended by striking “Rhode Island” and inserting in lieu thereof “Rhode Island, and Texas” and by inserting before the period in subsection (b)(1)(A) “, provided that Texas may not compete for funds previously allocated or appropriated to any other State”. CHAPTER 12 DEPARTMENT OF THE TREASURY Departmental Offices Treasury Inspector General for Tax Administration salaries and expenses For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for “Salaries and Expenses”, $2,032,000, to remain available until expended, to be obligated from amounts made available by Public Law 107–38. Financial Crimes Enforcement Network salaries and expenses For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for “Salaries and Expenses”, $1,700,000, to remain available until expended, to be obligated from amounts made available in Public Law 107–38. Federal Law Enforcement Training Center salaries and expenses For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for “Salaries and Expenses”, $23,000,000, to remain available until expended, to be obligated from amounts made available in Public Law 107–38. acquisition, construction, improvements and related expenses For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for “Acquisition, Construction, Improvements, and Related Expenses”, $8,500,000, to remain available until expended, to be obligated from amounts made available in Public Law 107–38: Provided, That, in order to expedite the acquisition of architectural and engineering services for the construction of facilities at the Cheltenham, Maryland, training facility, the Federal Law Enforcement Training Center may procure such services without regard to: (1) the competition requirements of section 303 of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253); (2) the 6 percent fee limitation on such services set forth in section 304(b) of such Act (41 U.S.C. 254(b)); and (3) the procurement notice requirements of section 18 of the Office of Federal Procurement Policy Act (41 U.S.C. 416). Bureau of Alcohol, Tobacco and Firearms salaries and expenses For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for “Salaries and Expenses”, $31,431,000, to remain available until expended, to be obligated from amounts made available in Public Law 107–38, of which $5,200,000 may be used for necessary expenses of site acquisition, construction, operations, maintenance and repair of the special purpose canine training facilities in Front Royal, Virginia. United States Customs Service salaries and expenses For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for “Salaries and Expenses”, to meet requirements, including technology, along the Northern Border, Southwest Border, and at critical seaports, $392,603,000, to remain available until expended, to be obligated from amounts made available in Public Law 107–38: Provided, That of such amount, $245,503,000 shall not be available for obligation until 15 days after the United States Customs Service submits to the Committees on Appropriations and the Secretary of the Treasury a financial plan based upon a comprehensive assessment of the most effective uses of the Service’s resources, including the funds provided in this Act, for protection along the Northern Border, Southwest Border, and at critical seaports: Provided further, That the Secretary of the Treasury is directed to review the activities proposed to be carried out with the funds subject to the previous proviso and notify the Committees on Appropriations of the findings of his review within 15 days of receipt of such plan. operation, maintenance and procurement, air and marine interdiction programs For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for “Operation, Maintenance and Procurement, Air and Marine Interdiction Programs”, $6,700,000, to remain available until expended, to be obligated from amounts made available in Public Law 107–38. Internal Revenue Service processing, assistance, and management For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for “Processing, Assistance, and Management”, $12,990,000, to remain available until expended, to be obligated from amounts made available by Public Law 107–38. tax law enforcement For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for “Tax Law Enforcement”, $4,544,000, to remain available until expended, to be obligated from amounts made available by Public Law 107–38. information systems For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for “Information Systems”, $15,991,000, to remain available until expended, to be obligated from amounts made available by Public Law 107–38: Provided, That of these amounts $13,548,000 is for a backup computer recovery system to be designed and constructed in close coordination with the business systems modernization effort of the Internal Revenue Service. United States Secret Service salaries and expenses For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for “Salaries and Expenses”, $104,769,000, to remain available until expended, to be obligated from amounts made available in Public Law 107–38. POSTAL SERVICE Payment to the Postal Service Fund For emergency expenses to the Postal Service Fund to enable the Postal Service to protect postal employees and postal customers from exposure to biohazardous material, to sanitize and screen the mail, and to replace or repair Postal Service facilities destroyed or damaged in New York City as a result of the September 11, 2001, terrorist attacks, $500,000,000, to remain available until expended, to be obligated from amounts made available in Public Law 107–38: Provided, That of the amounts appropriated, no funds shall be obligated for the purpose of sanitizing and screening the mail until the Postal Service submits to the Committees on Appropriations, the House Committee on Government Reform, and the Senate Committee on Governmental Affairs an emergency preparedness plan to combat the threat of biological and chemical substances in the mail, including a plan for expenditure of funds in support of the emergency preparedness plan. EXECUTIVE OFFICE OF THE PRESIDENT Office of Administration salaries and expenses For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for “Salaries and Expenses”, $50,040,000, to remain available until expended, to be obligated from amounts made available in Public Law 107–38. INDEPENDENT AGENCIES General Services Administration real property activities federal buildings fund For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for “Federal Buildings Fund”, $126,512,000, to remain available until expended, to be obligated from amounts made available in Public Law 107–38. National Archives and Records Administration operating expenses For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for “Operating Expenses”, $1,600,000, to remain available until expended, to be obligated from amounts made available in Public Law 107–38. repairs and restoration For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for “Repairs and Restoration”, $1,000,000, to remain available until expended, to be obligated from amounts made available in Public Law 107–38. GENERAL PROVISION, THIS CHAPTER Sec. 1201. Section 652(c)(1) of Public Law 107–67 is amended 39 USC 416 and note. by striking “Section 414(c)” and inserting “Section 416(c)”. CHAPTER 13 DEPARTMENT OF VETERANS AFFAIRS Departmental Administration general operating expenses For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States for “General operating expenses”, $2,000,000, to remain available until expended, to be obligated from amounts made available in Public Law 107–38. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Community Planning and Development community development fund For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for “Community Development Fund”, $2,000,000,000, to remain available until expended, to be obligated from amounts made available in Public Law 107–38: Provided, That such funds shall be subject to the first through sixth provisos in section 434 of Public Law 107–73: Provided further, That the State of New York, in conjunction with the City of New York, shall, through the Lower Manhattan Redevelopment Corporation (“the corporation”): (1) distribute the funds provided for the “Community Development Fund”; (2) within 45 days of enactment of this Act, issue the initial criteria and requirements necessary to accept applications from individuals, nonprofits, and small businesses for economic losses from the September 11, 2001, terrorist attacks; and (3) begin processing such applications: Provided further, That the corporation shall expeditiously respond to any application from an individual, nonprofit, or small business for economic losses under this heading: Provided further, That of the total amount made available for the “Community Development Fund”, including amounts previously made available by transfer pursuant to the fifth proviso of Public Law 107–38, no less than $500,000,000 shall be made available for individuals, nonprofits, or small businesses described in the prior three provisos, with a limit of $500,000 per small business for economic losses: Provided further, That amounts made available in the previous proviso shall only be available for individuals, nonprofits, or small businesses located in New York City in the area located on or south of West 14th Street (west of its intersection with 5th Avenue), or on or south of East 14th Street (east of its intersection with 5th Street): Provided further, That, of the amount provided in this paragraph, $10,000,000 shall be used for a program to aid the travel and tourism industry in New York City. Management and Administration office of inspector general For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for “Office of Inspector General”, $1,000,000, to remain available until expended, to be obligated from amounts made available in Public Law 107–38. INDEPENDENT AGENCIES DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health national institute of environmental health sciences For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States for “National Institute of Environmental Health Sciences” for carrying out under current authorities, worker training, research, and education activities, $10,500,000, to remain available until expended, to be obligated from amounts made available in Public Law 107–38. Public Law 107–73 is amended under this heading by adding “and section 126(g) of the Superfund Amendments and Reauthorization Act of 1986,” after the words, “as amended,”. Environmental Protection Agency science and technology For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, and to support activities related to countering terrorism, for “Science and technology”, $90,308,000, to remain available until expended, to be obligated from amounts made available in Public Law 107–38. environmental programs and management For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, and to support activities related to countering terrorism, for “Environmental programs and management”, $39,000,000, to remain available until expended, to be obligated from amounts made available in Public Law 107–38. hazardous substance superfund For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, and to support activities related to countering terrorism, for “Hazardous substance superfund”, $41,292,000, to remain available until expended, to be obligated from amounts made available in Public Law 107–38. state and tribal assistance grants For making grants for emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, and to support activities related to countering potential biological and chemical threats to populations, for “State and tribal assistance grants”, $5,000,000, to remain available until expended, to be obligated from amounts made available in Public Law 107–38. The referenced statement of the managers under this heading in Public Law 107–73 is deemed to be amended by striking “Florida Department of Environmental Protection” in reference to item number 92, and inserting “Southwest Florida Water Management District”; and by striking “Southeast” in reference to item number 9, and inserting “Southwest”. The referenced statement of the managers under this heading in Public Law 106–377 is deemed to be amended by striking “repairs to water and sewer lines” in reference to item number 171 and inserting “water and wastewater infrastructure improvements”. Federal Emergency Management Agency disaster relief For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for “Disaster relief”, $4,356,871,000, to remain available until expended, to be obligated from amounts made available in Public Law 107–38. salaries and expenses For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for “Salaries and Expenses”, $25,000,000 to remain available until expended, to be obligated from amounts made available in Public Law 107–38 of which not less than $10,000,000 shall be used to enhance the capabilities of the National Security Division. Emergency Management Planning and Assistance (including transfer of funds) For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for “Emergency management planning and assistance”, $10,000,000, to remain available until expended, to be obligated from amounts made available in Public Law 107–38, which shall be available for support of the 2002 Winter Olympics. For an additional amount for emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States and to support activities related to countering terrorism, for “Emergency management planning and assistance”, $210,000,000, to remain available until September 30, 2003, for programs as authorized by section 33 of the Federal Fire Prevention and Control Act of 1974, as amended (15 U.S.C. 2201 et seq,), as in effect on December 7, 2001, to be obligated from amounts made available in Public Law 107–38: Provided, That up to 5 percent of this amount shall be transferred to “Salaries and Expenses” for program administration. National Aeronautics and Space Administration human space flight For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for “Human space flight”, $76,000,000, to remain available until expended, to be obligated from amounts made available in Public Law 107–38. science, aeronautics and technology For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for “Science, aeronautics and technology”, $32,500,000, to remain available until expended, to be obligated from amounts made available in Public Law 107–38. National Science Foundation research and related activities For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for “Research and related activities”, $300,000 to remain available until expended, to be obligated from amounts made available in Public Law 107–38. GENERAL PROVISIONS, THIS CHAPTER Sec. 1301. (a) This section may be cited as the “Unity in Unity in the Spirit of America Act. 42 USC 12501 note. the Spirit of America Act” or the “USA Act”. (b) The National and Community Service Act of 1990 (42 U.S.C. 12501 et seq.) is amended by inserting before title V the following: “TITLE IV— PROJECTS HONORING VICTIMS OF TERRORIST ATTACKS “SEC. 401. PROJECTS. “(a) Definition.— In this section, the term ‘Foundation’ means the Points of Light Foundation funded under section 301, or another nonprofit private organization, that enters into an agreement with the Corporation to carry out this section. “(b) Identification of Projects.— “(1) Estimated number.— Not later than March 1, 2002, Deadline. the Foundation, after obtaining the guidance of the heads of appropriate Federal agencies, such as the Director of the Office of Homeland Security and the Attorney General, shall— “(A) make an estimate of the number of victims killed as a result of the terrorist attacks on September 11, 2001 (referred to in this section as the ‘estimated number’); and “(B) compile a list that specifies, for each individual Records. that the Foundation determines to be such a victim, the name of the victim and the State in which the victim resided. “(2) Identified projects.— The Foundation may identify approximately the estimated number of community-based national and community service projects that meet the requirements of subsection (d). The Foundation may name projects in honor of victims described in subsection (b)(1)(A), after obtaining the permission of an appropriate member of the victim’s family and the entity carrying out the project. “(c) Eligible Entities.— To be eligible to have a project named under this section, the entity carrying out the project shall be a political subdivision of a State, a business, a nonprofit organization (which may be a religious organization), an Indian tribe, or an institution of higher education. “(d) Projects.— The Foundation shall name, under this section, projects— “(1) that advance the goals of unity, and improving the quality of life in communities; and “(2) that will be planned, or for which implementation will begin, within a reasonable period after the date of enactment of the Unity in the Spirit of America Act, as determined by the Foundation. “(e) Website and Database.— The Foundation shall create and maintain websites and databases, to describe projects named under this section and serve as appropriate vehicles for recognizing the projects.”. Sec. 1302. Within funds previously appropriated as authorized under the Native American Housing and Self Determination Act of 1996 (Public Law 104–330, section 1(a); 110 Stat. 4016) and made available to Cook Inlet Housing Authority, Cook Inlet Housing Authority may use up to $9,500,000 of such funds to construct student housing for Native college students, including an on-site computer lab and related study facilities, and, notwithstanding any provision of such Act to the contrary, Cook Inlet Housing Authority may use a portion of such funds to establish a reserve fund and to provide for maintenance of the project. Sec. 1303. Of the amounts made available under both the heading “Housing certificate fund” and the heading “Salaries and Expenses” in title II of Public Law 107–73, not to exceed $11,300,000 shall be for the recordation and liquidation of obligations and deficiencies incurred in prior years in connection with the provision of technical assistance authorized under section 514 of the Multifamily Assisted Housing Reform and Affordability Act of 1997 (“section 514”), and notwithstanding any other provision of law, for new obligations for such technical assistance: Provided, That of the $11,300,000 made available, up to $1,300,000 shall be for reimbursement of vouchers submitted by section 514 grantees as of October 15, 2001: Provided further, That of the total amount provided under the heading “Salaries and Expenses” in title II of Public Law 107–73, $500,000 shall be made available from salaries and expenses allocated to the Office of General Counsel and $1,000,000 shall be made available from salaries and expenses allocated to the Office of Multifamily Housing Assistance Restructuring in the Department of Housing and Urban Development for new obligations for the provision of technical assistance authorized under section 514: Provided further, That of the $11,300,000 provided under this section, no more than $10,000,000 shall be made available for new obligations for technical assistance under section 514: Provided further, That from amounts made available under this section, the Inspector General of the Department of Housing and Urban Development (“HUD Inspector General”) shall audit each provision of technical assistance obligated under the requirements of section 514 over the last 4 years; Provided further, That to the extent the HUD Inspector General determines that the use of any funding for technical assistance does not meet the requirements of section 514, the Secretary of Housing and Urban Development (“Secretary”) shall recapture any such funds: Provided further, That no funds appropriated under title II of Public Law 107–73 and subsequent appropriations acts for the Department of Housing and Urban Development shall be made available for 4 years to any entity (or any subsequent entity comprised of significantly the same officers) that has been identified as having violated the requirements of section 514 by the HUD Inspector General: Provided further, That, notwithstanding any other provision of law, no funding for technical assistance shall be available for carryover from any previous year: Provided further, That the recordation and liquidation of obligations and deficiencies under this heading shall not pardon or release an officer or employee of the United States Government for an act or acts in violation of the Antideficiency Act (31 U.S.C. 1341): Provided further, That the Secretary shall implement the provisions under this section in a manner that does not accelerate outlays. Sec. 1304. The referenced statement of the managers pertaining to economic development initiatives under the heading “Community Development Fund” in Public Law 107–73 is deemed to be amended by striking “Willacacy County Boys and Girls Club in Willacacy County, Texas” in reference to an appropriation for the Willacy County Boys and Girls Club, and inserting “Willacy County Boys and Girls Club in Willacy County, Texas”; by striking “Acres Home Community Development Corporation” in reference to an appropriation in Houston, Texas, and inserting “Old Acres Homes Citizens Council”; and by striking “$250,000 to the Good Shepard School in Braddock, Pennsylvania for facility renovation;” in reference to an appropriation in Braddock, Pennsylvania, and inserting “$250,000 for facility renovation, of which $50,000 is for the Good Shepard School in Braddock, Pennsylvania, and $200,000 is for the Phipps Conservatory and Botanical Gardens in Pittsburgh, Pennsylvania;”. CHAPTER 14 GENERAL PROVISIONS, THIS DIVISION Sec. 1401. Amounts which may be obligated pursuant to this division are subject to the terms and conditions provided in Public Law 107–38. Sec. 1402. No part of any appropriation contained in this division shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. Sec. 1403. Notwithstanding any other provision of law, of the funds made available in this or any other Act, funds may be transferred to the Department of Defense from an agency receiving National Guard services related to homeland security to cover the costs of such services that the agency incurred after the date of enactment of this Act: Provided, That such authority to transfer Expiration date. Reports. shall expire on April 30, 2002: Provided further, That each agency receiving National Guard services related to homeland security shall submit to the House and Senate Committees on Appropriations a detailed report of the National Guard’s homeland defense activities and expenses incurred after the date of enactment of this Act and planned for the remainder of fiscal year 2002 for that agency and any proposed transfers 15 days prior to such transfers pursuant to this authority. This division may be cited as the “Emergency Supplemental Act, 2002”.

6. 2002

   Pub. L. 107–117 § 903(c)(2)(B) · 115 Stat. 2230

   Added · 2 U.S.C. § 1961(b)

   Pub. L. 107–117, § 903(c)(2)(B), added subsec. (b) relating to buildings or facilities acquired by the Chief Administrative Officer of the House of Representatives

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 107–117, § 903(c)(2)(B), added subsec. (b) relating to buildings or facilities acquired by the Chief Administrative Officer of the House of Representatives.

   Enacted provision · exact public law section
   (B) by adding at the end the following new subsection: “(b) For purposes of this section, ‘the United States Capitol Buildings and Grounds’ shall include any building or facility acquired by the Chief Administrative Officer of the House of Representatives for the use of the House of Representatives for which the Chief Administrative Officer has entered into an agreement with the United States Capitol Police for the policing of the building or facility.”.

7. 2002

   Pub. L. 107–117 § 901(c)(2)(B) · 115 Stat. 2230

   Added · 2 U.S.C. § 1961(b)

   Pub. L. 107–117, § 901(c)(2)(B), added subsec. (b) relating to buildings or facilities acquired by the Sergeant at Arms of the Senate

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 107–117, § 901(c)(2)(B), added subsec. (b) relating to buildings or facilities acquired by the Sergeant at Arms of the Senate.

   Enacted provision · exact public law section
   (B) by adding at the end the following new subsection: “(b) For purposes of this section, ‘the United States Capitol Buildings and Grounds’ shall include any building or facility acquired by the Sergeant at Arms of the Senate for the use of the Senate for which the Sergeant at Arms of the Senate has entered into an agreement with the United States Capitol Police for the policing of the building or facility.”.

8. 2002

   Pub. L. 107–206 title I · 116 Stat. 820

   Redesignated · 2 U.S.C. § 1961(b)

   Pub. L. 107–206 redesignated subsec. (b) relating to buildings or facilities acquired by the Chief Administrative Officer of the House of Representatives as (c)

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 107–206 redesignated subsec. (b) relating to buildings or facilities acquired by the Chief Administrative Officer of the House of Representatives as (c).

   Enacted provision · exact public law
   TITLE I— SUPPLEMENTAL APPROPRIATIONS CHAPTER 1 DEPARTMENT OF AGRICULTURE Office of the Secretary (including transfers of funds) For an additional amount for “Office of the Secretary”, $18,000,000, to remain available until expended: Provided, That the Secretary shall transfer these funds to the Agricultural Research Service, the Animal and Plant Health Inspection Service, the Agricultural Marketing Service, and/or the Food Safety and Inspection Service: Provided further, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount shall be available only to the extent an official budget request that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. Agricultural Research Service salaries and expenses For an additional amount for “Salaries and Expenses”, $8,000,000, to remain available until September 30, 2003: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount shall be available only to the extent an official budget request that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. buildings and facilities For an additional amount for “Buildings and Facilities”, $25,000,000, to remain available until expended. Cooperative State Research, Education, and Extension Service extension activities For an additional amount for “Extension Activities”, $6,000,000, to remain available until September 30, 2003: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount shall be available only to the extent an official budget request that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. Animal and Plant Health Inspection Service salaries and expenses For an additional amount for “Salaries and Expenses”, $33,000,000, to remain available until September 30, 2003: Provided, That this amount shall include assistance in State efforts to prevent and control transmissible spongiform encephalopathy, including chronic wasting disease and scrapie, in farmed and free-ranging animals: Provided further, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount shall be available only to the extent an official budget request that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. Food Safety and Inspection Service For an additional amount for “Food Safety and Inspection Service”, $13,000,000, to remain available until September 30, 2003: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount shall be available only to the extent an official budget request that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. Natural Resources Conservation Service watershed and flood prevention operations For an additional amount for “Watershed and Flood Prevention Operations”, for emergency recovery operations, $144,000,000, to remain available until expended: Provided, That of this amount, $50,000,000 is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That $50,000,000 shall be available only to the extent an official budget request, that includes designation of $50,000,000 as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. Rural Development rural community advancement program For an additional amount for “Rural Community Advancement Program” for emergency purposes for grants and loans as authorized by 7 U.S.C. 381E(d)(2), 306(a)(14), and 306C, $20,000,000, with up to $5,000,000 for contracting with qualified organization(s) to conduct vulnerability assessments for rural community water systems, to remain available until expended: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount shall be available only to the extent an official budget request that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. Rural Utilities Service local television loan guarantee program account (including rescission) Of funds made available under this heading for the cost of guaranteed loans, including the cost of modifying loans as defined in section 502 of the Congressional Budget Act of 1974, $20,000,000 are rescinded. For an additional amount for “Local Television Loan Guarantee Program Account”, $8,000,000, to remain available until expended. Food and Nutrition Service special supplemental nutrition program for women, infants, and children (wic) For an additional amount for “Special Supplemental Nutrition Program for Women, Infants, and Children (WIC)”, $75,000,000, to remain available until September 30, 2003: Provided, That of the amounts provided under this heading, the Secretary shall allocate funds, notwithstanding section 17(i) of the Child Nutrition Act of 1966, as amended, in the manner and under a formula the Secretary deems necessary to respond to caseload requirements. food stamp program (rescission) Of funds which may be reserved by the Secretary for allocation to State agencies under section 16(h)(1) of the Food Stamp Act of 1977 to carry out the Employment and Training program, $24,000,000 are rescinded and returned to the Treasury. DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration salaries and expenses For an additional amount for “Food and Drug Administration, Salaries and Expenses”, $17,000,000, to remain available until expended: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of such Act: Provided further, That the entire amount shall be available only to the extent an official budget request, that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. GENERAL PROVISIONS—THIS CHAPTER Sec. 101. Of the funds made available for the Export Enhancement Program, pursuant to section 301(e) of the Agricultural Trade Act of 1978, as amended by Public Law 104-127, not more than $33,000,000 shall be available in fiscal year 2002. Sec. 102. Assistance To Agricultural Producers Who Have Used Water For Irrigation From the Rio Grande—. (a) In General.— The Secretary of Agriculture shall use $10,000,000 of the funds of the Commodity Credit Corporation to make a grant to the State of Texas, acting through the Texas Department of Agriculture, to provide assistance to agricultural producers in the State of Texas with farming operations along the Rio Grande who have suffered economic losses during the 2001 crop year due to the failure of Mexico to deliver water to the United States in accordance with the Treaty Relating to the Utilization of Waters of the Colorado and Tijuana Rivers and of the Rio Grande, and Supplementary Protocol signed November 14, 1944, signed at Washington on February 3, 1944 (59 Stat. 1219; TS 944). (b) amount.— The amount of assistance provided to individual agricultural producers under this section shall be proportional to the amount of actual losses described in subsection (a) that were incurred by the producers. Sec. 103. Not later than 14 days after the date of enactment Deadline. of this Act, the Secretary of Agriculture shall carry out the transfer 42 USC 2211 note. of funds under section 2507(a) of the Food Security and Rural Investment Act of 2002 (Public Law 107-171). Sec. 104. (a) Rescission.— The unobligated balances of authority available under section 2108(a) of Public Law 107-20 are rescinded prior to the end of fiscal year 2002. (b) Appropriation.— There is appropriated to the Secretary of Agriculture an amount equal to the unobligated balance rescinded by subsection (a) for expenses through fiscal year 2003 under the Agricultural Trade Development and Assistance Act of 1954, as amended (7 U.S.C. 1721-1726a) for commodities supplied in connection with dispositions abroad pursuant to title II of said Act. Sec. 105. Section 416(b)(7)(D)(iv) of the Agricultural Act of 1949 (7 U.S.C. 1431(b)(7)(D)(iv)) is amended by striking “subsection.” and inserting in lieu thereof the following: “subsection, or to otherwise carry out the purposes of this subsection.”. Sec. 106. Notwithstanding any other provision of law and effective on the date of enactment of this Act, the Secretary may use an amount not to exceed $12,000,000 from the amounts appropriated under the heading “Food Safety and Inspection Service” under the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2001 (Public Law 106-387) to liquidate over-obligations and overexpenditures of the Food Safety and Inspection Service incurred during previous fiscal years, approved by the Director of the Office of Management and Budget based on documentation provided by the Secretary of Agriculture. CHAPTER 2 DEPARTMENT OF JUSTICE General Administration salaries and expenses For an additional amount for “Salaries and Expenses” for expenses resulting from the September 11, 2001, terrorist attacks, $6,750,000: Provided, That such sums as are necessary shall be derived from the Working Capital Fund for the development, testing, and deployment of a standards-based, integrated, interoperable computer system for the Immigration and Naturalization Service (“Chimera system”), to be managed by Justice Management Division: Provided further, That of the amounts made available under this heading, $1,000,000 shall only be for the Entry Exit System, to be managed by the Justice Management Division: Provided further, That none of the funds appropriated in this Act, or in Public Law 107-117, for the Immigration and Naturalization Service’s Entry Exit System may be obligated until the INS submits a plan for expenditure that: (1) meets the capital planning and investment control review requirements established by the Office of Management and Budget, including OMB Circular A-11, part 3; (2) complies with the acquisition rules, requirements, guidelines, and systems acquisition management practices of the Federal Government; (3) is reviewed by the General Accounting Office; and (4) has been approved by the Committees on Appropriations: Provided further, That funds provided under this heading shall only be available for obligation and expenditure in accordance with the procedures applicable to reprogramming notifications set forth in section 605 of Public Law 107–77: Provided further, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That $1,000,000 shall be available only to the extent an official budget request that includes designation of the $1,000,000 as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. salaries and expenses, united states attorneys (rescission) Of the amounts made available under this heading in Public Law 107-77, $7,000,000 are rescinded. salaries and expenses, united states marshals service For an additional amount for “Salaries and Expenses” for emergency expenses resulting from the September 11, 2001, terrorist attacks, $37,900,000, to remain available until expended: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount shall be available only to the extent that an official budget request, that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. federal prisoner detention (rescission) Of the amounts made available under this heading in Public Law 107-77, $30,000,000 are rescinded. assets forfeiture fund (rescission) Of the unobligated balances available under this heading, $5,000,000 are rescinded. Federal Bureau of Investigation salaries and expenses For an additional amount for “Salaries and Expenses” for emergency expenses resulting from the September 11, 2001, terrorist attacks, $175,000,000, to remain available until September 30, 2004: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That $165,000,000 shall be available only to the extent that an official budget request that includes designation of the $165,000,000 as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. Immigration and Naturalization Service salaries and expenses enforcement and border affairs For an additional amount for “Salaries and Expenses, Enforcement and Border Affairs" for emergency expenses resulting from the September 11, 2001, terrorist attacks, $81,250,000, to remain available until expended, of which $25,000,000 shall only be available for fleet management: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That $46,250,000 shall be available only to the extent that an official budget request that includes designation of the $46,250,000 as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. construction For an additional amount for “Construction” for emergency expenses resulting from the September 11, 2001, terrorist attacks, $32,100,000, to remain available until expended: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount shall be available only to the extent an official budget request that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. Federal Prison System buildings and facilities (rescission) Of the amounts made available under this heading in Public Law 107-77 for buildings and facilities, $5,000,000 are rescinded. Office of Justice Programs justice assistance (including rescission) For an additional amount for “Justice Assistance” for grants, cooperative agreements, and other assistance authorized by sections 819 and 821 of the Anti-terrorism and Effective Death Penalty Act of 1996 and section 1014 of the USA PATRIOT Act (Public Law 107-56) and for other counter-terrorism programs, including first responder training and equipment to respond to acts of terrorism, including incidents involving weapons of mass destruction or chemical or biological weapons, $151,300,000, to remain available until expended: Provided, That no funds under this heading shall be used to duplicate the Federal Emergency Management Agency Fire Grant program: Provided further, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount shall be available only to the extent an official budget request that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. Of the amounts made available under this heading for the Office of the Assistant Attorney General for Office of Justice Programs, $600,000 are rescinded. community oriented policing services For an amount to establish the Community Oriented Policing Services’ Interoperable Communications Technology Program in consultation with the Office of Science and Technology within the National Institute of Justice, and the Bureau of Justice Assistance, for emergency expenses for activities related to combating terrorism by providing grants to States and localities to improve communications within, and among, law enforcement agencies, $50,000,000, to remain available until expended: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount shall be available only to the extent an official budget request that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. DEPARTMENT OF COMMERCE AND RELATED AGENCIES RELATED AGENCIES Office of the United States Trade Representative salaries and expenses For an additional amount for “Salaries and Expenses” for emergency expenses for increased security requirements, $1,100,000, to remain available until expended: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount shall be available only to the extent that an official budget request, that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. DEPARTMENT OF COMMERCE Bureau of the Census periodic censuses and programs (rescission) Of the amounts made available under this heading in prior fiscal years, excepting funds designated for the Suitland Federal Center, $11,300,000 are rescinded. National Institute of Standards and Technology scientific and technical research and services For an additional amount for “Scientific and Technical Research and Services” for emergency expenses resulting from new homeland security activities and increased security requirements, $37,100,000, of which $20,000,000 is for a cyber-security initiative: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That $33,100,000 shall be available only to the extent an official budget request that includes designation of the $33,100,000 as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. National Oceanic and Atmospheric Administration operations, research, and facilities (including rescission) For an additional amount for “Operations, Research, and Facilities” for emergency expenses resulting from homeland security Activities, $4,800,000, of which $2,000,000 is to address critical mapping and charting backlog requirements and $2,800,000 is for backup capability for National Oceanic and Atmospheric Administration critical satellite products and services, to remain available until September 30, 2003: Provided, That $2,800,000 is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That $2,800,000 shall be available only to the extent an official budget request that includes designation of the $2,800,000 as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. Of the unobligated balances remaining under this heading as provided by section 817 of Public Law 106-78, $8,100,000 are rescinded. procurement, acquisition and construction For an additional amount for “Procurement, Acquisition and Construction” for emergency expenses resulting from homeland security activities, $7,200,000 for a supercomputer backup, to remain available until September 30, 2003: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount shall be available only to the extent an official budget request that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. fisheries finance program account Funds provided under the heading, “Fisheries Finance Program Account” for the direct loan program authorized by the Merchant Marine Act of 1936, as amended, are available to subsidize gross obligations for the principal amount of direct loans not to exceed $5,000,000 for Individual Fishing Quota loans, and not to exceed $19,000,000 for Traditional loans. Departmental Management salaries and expenses For an additional amount for “Salaries and Expenses” for emergency expenses resulting from new homeland security activities, $400,000: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. THE JUDICIARY Supreme Court of the United States care of the building and grounds For an additional amount for “Care of the Building and Grounds” for emergency expenses for security upgrades and renovations of the Supreme Court building, $10,000,000, to remain available until expended: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. Courts of Appeals, District Courts, and Other Judicial Services salaries and expenses For an additional amount for “Salaries and Expenses” for emergency expenses to enhance security and to provide for extraordinary costs related to terrorist trials, $7,115,000, to remain available until expended: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That $3,972,000 shall be available only to the extent that an official budget request that includes designation of the $3,972,000 as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. DEPARTMENT OF STATE AND RELATED AGENCY DEPARTMENT OF STATE Administration of Foreign Affairs diplomatic and consular programs For an additional amount for “Diplomatic and Consular Programs”, for emergency expenses for activities related to combating international terrorism, $47,450,000, to remain available until September 30, 2003: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. educational and cultural exchange programs For an additional amount for “Educational and Cultural Exchange Programs”, for emergency expenses for activities related to combating international terrorism, $15,000,000, to remain available until expended: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That $5,000,000 shall be available only to the extent an official budget request that includes designation of the $5,000,000 as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. embassy security, construction, and maintenance For an additional amount for “Embassy Security, Construction, and Maintenance”, for emergency expenses for activities related to combating international terrorism, $210,516,000, to remain available until expended: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That $10,000,000 shall be available only to the extent an official budget request that includes designation of the $10,000,000 as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. International Organizations and Conferences contributions to international organizations For an additional amount for “Contributions to International Organizations”, for emergency expenses for activities related to combating international terrorism, $7,000,000, to remain available until September 30, 2003: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. contributions for international peacekeeping activities For an additional amount for “Contributions for International Peacekeeping Activities” to make United States peacekeeping payments to the United Nations at a time of multilateral cooperation in the war on terrorism, $23,034,000: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. RELATED AGENCY Broadcasting Board of Governors international broadcasting operations For an additional amount for “International Broadcasting Operations”, for emergency expenses for activities related to combating international terrorism, $7,400,000, to remain available until September 30, 2003: Provided, That funds appropriated by this paragraph shall be available notwithstanding sections 308(c) and 313 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995: Provided further, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. broadcasting capital improvements For an additional amount for “Broadcasting Capital Improvements” for emergency expenses for activities related to combating international terrorism, $7,700,000, to remain available until expended: Provided, That funds appropriated by this paragraph shall be available notwithstanding section 313 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995. RELATED AGENCIES DEPARTMENT OF TRANSPORTATION Maritime Administration maritime guaranteed loan (title xi) program account (rescission) Of the unobligated balances available under this heading, $5,000,000 are rescinded. Securities and Exchange Commission salaries and expenses For an additional amount for “Salaries and Expenses” to respond to increased needs for enforcement and oversight of corporate finance, $30,900,000 from fees collected in fiscal year 2002, to remain available until expended. In addition, for an additional amount for “Salaries and Expenses” for emergency expenses resulting from the September 11, 2001, terrorist attacks, $9,300,000, to remain available until expended: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount shall be available only to the extent an official budget request that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. GENERAL PROVISIONS—THIS CHAPTER Sec. 201. Funds appropriated by this Act for the Broadcasting Board of Governors and the Department of State may be obligated and expended notwithstanding section 15 of the State Department Basic Authorities Act of 1956, as amended. Sec. 202. Section 286(e)(3) of the Immigration and Nationality Act (8 U.S.C. 1356(e)(3)) is amended— (1) by striking “is authorized to” and inserting “shall”; and (2) by striking “authorization” and inserting “requirement”. Sec. 203. (a) (1) During fiscal year 2002 and each succeeding fiscal year, notwithstanding any provision of the Federal Rules of Criminal Procedure to the contrary, in order to permit victims of crimes associated with the terrorist acts of September 11, 2001, to watch trial proceedings in the criminal case against Zacarias Moussaoui, the trial court in that case shall order, subject to paragraph (3) and subsection (b), closed circuit televising of the trial proceedings to convenient locations the trial court determines are reasonably necessary, for viewing by those victims. (2) (A) As used in this section and subject to subparagraph (B), the term “victims of crimes associated with the terrorist acts of September 11, 2001” means individuals who— (i) suffered direct physical harm as a result of the terrorist acts that occurred in New York, Pennsylvania and Virginia on September 11, 2001 (hereafter in this section “terrorist acts”) and were present at the scene of the terrorist acts when they occurred, or immediately thereafter; or (ii) are the spouse, legal guardian, parent, child, brother, or sister of, or who as determined by the court have a relationship of similar significance to, an individual described in subparagraph (A)(i), if the latter individual is under 18 years of age, incompetent, incapacitated, has a serious injury, or disability that requires assistance of another person for mobility, or is deceased. (B) The term defined in paragraph (A) shall not apply to an individual who participated or conspired in one or more of the terrorist acts. (3) Nothing in this section shall be construed to eliminate or limit the district court’s discretion to control the manner, circumstances, or availability of the broadcast where necessary to control the courtroom or protect the integrity of the trial proceedings or the safety of the trial participants. The district court’s exercise of such discretion shall be entitled to substantial deference. (b) Except as provided in subsection (a), the terms and restrictions of section 235(b), (c), (d) and (e) of the Antiterrorism and Effective Death Penalty Act of 1996 (42 U.S.C. 10608(b), (c), (d), and (e)), shall apply to the televising of trial proceedings under this section. Sec. 204. Title II of Public Law 107-77 is amended in the second undesignated paragraph under the heading “Department of Commerce, National Institute of Standards and Technology, Industrial Technology Services” by striking “not to exceed $60,700,000 shall be available for the award of new grants” and inserting “not less than $60,700,000 shall be used before October 1, 2002 for the award of new grants”. Sec. 205. None of the funds appropriated or otherwise made available by this Act or any other Act may be used to implement, enforce, or otherwise abide by the Memorandum of Agreement signed by the Federal Trade Commission and the Antitrust Division of the Department of Justice on March 5, 2002. Sec. 206. Public Law 106-256 is amended in section 3(f)(1) by striking “within 18 months of the establishment of the Commission” and inserting “by June 20, 2003”. Sec. 207. The American Section, International Joint Commission, United States and Canada, is authorized to receive funds from the United States Army Corps of Engineers for the purposes of conducting investigations, undertaking studies, and preparing reports in connection with a reference to the International Joint Commission on the Devils Lake project mentioned in Public Law 106-377. Sec. 208. Section 282(a)(2)(D) of the Agricultural Marketing Act of 1946 is amended to read as follows: “(D) in the case of wild fish, is— “(i) harvested in the United States, a territory of the United States, or a State, or by a vessel that is documented under chapter 121 of title 46, United States Code, or registered in the United States; and “(ii) processed in the United States, a territory of the United States, or a State, including the waters thereof, or aboard a vessel that is documented under chapter 121 of title 46, United States Code, or reg istered in the United States; and”. Sec. 209. Of the amounts appropriated in Public Law 107–77, under the heading “Department of Commerce, National Oceanic and Atmospheric Administration, Operations, Research, and Facilities”, for coral reef programs, $2,500,000, for a cooperative agreement with the National Defense Center of Excellence for Research in Ocean Sciences to conduct coral mapping in the waters of the Hawaiian Islands and the surrounding Exclusive Economic Zone in accordance with the mapping implementation strategy of the United States Coral Reef Task Force. Sec. 210. In addition to amounts appropriated or otherwise made available by this Act or any other Act, $11,000,000 is appropriated to enable the Secretary of Commerce to provide economic assistance to fishermen and fishing communities affected by Federal closures and fishing restrictions in the New England groundfish fishery, to remain available until September 30, 2003. Sec. 211. In addition to amounts appropriated or otherwise made available by this Act or any other Act, $5,000,000 shall be provided for a National Oceanic and Atmospheric Administration cooperative research program in Massachusetts, New Hampshire, Maine and Rhode Island, to remain available until expended: Provided, That of this amount $500,000 shall be for the cost of a reduction loan as authorized under sections 1111 and 1112 of title XI of the Merchant Marine Act, 1936, (46 U.S.C. App. 1279g) to carry out a New England groundfish fishing capacity reduction program under section 312(b) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1861a(b)) that shall— (1) permanently revoke all fishery licenses, fishery permits, area and species endorsements, and any other fishery privileges issued to a vessel or vessels (or to persons on the basis of their operation or ownership of that vessel or vessels) removed under the program; and (2) ensure that vessels removed under the program are made permanently ineligible to participate in any fishery worldwide, and that the owners of such vessels will operate only under the United States flag or be scrapped as a reduction vessel pursuant to section 600.1011(c) of title 50, Code of Federal Regulations. Sec. 212. Of the amounts appropriated in Public Law 107-77, under the heading “Department of Commerce, National Oceanic and Atmospheric Administration, Operations, Research, and Facilities”, for Oregon groundfish cooperative research, $500,000 shall be for the cost of a reduction loan as authorized under sections 1111 and 1112 of title XI of the Merchant Marine Act, 1936 (46 U.S.C. App. 1279f and 1279g) to carry out a West Coast groundfish fishing capacity reduction program under section 312(b) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1861a(b)) that shall— (1) permanently revoke all fishery licenses, fishery permits, area and species endorsements, and any other fishery privileges issued to a vessel or vessels (or to persons on the basis of their operation or ownership of that vessel or vessels) removed under the program; and (2) ensure that vessels removed under the program are made permanently ineligible to participate in any fishery worldwide, and that the owners of such vessels will operate only under the United States flag or be scrapped as a reduction vessel pursuant to section 600.1011(c) of title 50, Code of Federal Regulations. Sec. 213. Amounts appropriated by title V of Public Law 107-77 under the heading “NATIONAL Veterans Business Development Corporation” (115 Stat. 795) shall remain available until expended. CHAPTER 3 DEPARTMENT OF DEFENSE MILITARY PERSONNEL Military Personnel, Air Force For an additional amount for “Military Personnel, Air Force”, $206,000,000: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. OPERATION AND MAINTENANCE Operation and Maintenance, Army For an additional amount for “Operation and Maintenance, Army”, $209,000,000, to remain available for obligation until September 30, 2003: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 25l(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That $102,000,000 shall be available only to the extent that an official budget request, that includes designation of $102,000,000 as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. Operation and Maintenance, Navy For an additional amount for “Operation and Maintenance, Navy”, $48,750,000, to remain available for obligation until September 30, 2003: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That $12,250,000 shall be available only to the extent that an official budget request, that includes designation of $12,250,000 as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. Operation and Maintenance, Air Force For an additional amount for “Operation and Maintenance, Air Force”, $65,510,000, to remain available for obligation until September 30, 2003: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That $24,510,000 shall be available only to the extent that an official budget request, that includes designation of $24,510,000 as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. Operation and Maintenance, Defense-Wide For an additional amount for “Operation and Maintenance, DefenseWide”, $721,975,000, to remain available for obligation until September 30, 2003, of which $390,000,000 may be used, notwithstanding any other provision of law, for payments to reimburse Pakistan, Jordan, and other key cooperating nations for logistical and military support provided to United States military operations in connection with the Global War on Terrorism: Provided, That such payments may be made in such amounts as the Secretary may determine in his discretion, based on documentation determined by the Secretary to adequately account for the support provided, in consultation with the Director of the Office of Management and Budget and 15 days following notification to the appropriate Congressional committees: Provided further, That such determination shall be final and conclusive upon the accounting officers of the United States: Provided further, That amounts for such payments shall be in addition to any other funds that may be available for such purpose: Provided further, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. Defense Emergency Response Fund (including transfer of funds) For an additional amount for the “Defense Emergency Response Fund”, $11,901,900,000, to remain available for obligation until September 30, 2003, of which $77,900,000 shall be available for enhancements to North American Air Defense Command capabilities: Provided, That the Secretary of Defense may transfer the funds provided herein only to appropriations for military personnel; operation and maintenance; procurement; research, development, test and evaluation; the Defense Health Program; Overseas Humanitarian, Disaster, and Civic Aid; and working capital funds: Provided further, That notwithstanding the preceding proviso, $120,000,000 of the funds provided in this paragraph are available for transfer to any other appropriations accounts of the Department of Defense, for certain classified activities, and notwithstanding any other provision of law and of this Act, such funds may be obligated to carry out projects not otherwise authorized by law: Provided further, That any funds transferred shall be merged with and shall be available for the same purposes and for the same time period as the appropriation to which transferred: Provided further, That the transfer authority provided in this paragraph is in addition to any other transfer authority available to the Department of Defense: Provided further, That upon a determination that all or part of the funds transferred from this appropriation are not necessary for the purposes provided herein, such amounts may be transferred back to this appropriation: Provided further, That during the current fiscal year, upon a determination by the Secretary of Defense that funds previously made available to the “Defense Emergency Response Fund” are required to meet other essential operational or readiness requirements of the military services, the Secretary may transfer up to $275,000,000 of funds so required to the appropriate funds or appropriations of the Department of Defense, 15 days after notification to the congressional defense committees: Provided further, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That $601,900,000 shall be available only to the extent that an official budget request that includes designation of $601,900,000 as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. PROCUREMENT Other Procurement, Army For an additional amount for “Other Procurement, Army”, $79,200,000, to remain available for obligation until September 30, 2004: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 25l(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. Aircraft Procurement, Navy For an additional amount for “Aircraft Procurement, Navy”, $22,800,000, to remain available for obligation until September 30, 2004: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. Procurement of Ammunition, Navy and Marine Corps For an additional amount for “Procurement of Ammunition, Navy and Marine Corps”, $262,000,000, to remain available for obligation until September 30, 2004: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. Other Procurement, Navy For an additional amount for “Other Procurement, Navy”, $2,500,000, to remain available for obligation until September 30, 2004: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. Procurement, Marine Corps For an additional amount for “Procurement, Marine Corps”, $3,500,000, to remain available for obligation until September 30, 2004: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. Aircraft Procurement, Air Force For an additional amount for “Aircraft Procurement, Air Force”, $118,000,000, to remain available for obligation until September 30, 2004: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That $25,000,000 shall be available only to the extent that an official budget request, that includes designation of $25,000,000 as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. Procurement of Ammunition, Air force For an additional amount for “Procurement of Ammunition, Air Force”, $115,000,000, to remain available for obligation until September 30, 2004: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. Other Procurement, Air Force For an additional amount for “Other Procurement, Air Force”, $747,840,000, to remain available for obligation until September 30, 2004: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. Procurement, Defense-Wide For an additional amount for “Procurement, Defense-Wide”, $104,425,000, to remain available for obligation until September 30, 2004: Provided, That funds may be used to purchase two vehicles required for physical security of personnel, notwithstanding price limitations applicable to passenger vehicles, but not to exceed $175,000 per vehicle: Provided further, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That $4,925,000 shall be available only to the extent an official budget request, that includes designation of $4,925,000 as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. RESEARCH, DEVELOPMENT, TEST AND EVALUATION Research, Development, Test and Evaluation, Army For an additional amount for “Research, Development, Test and Evaluation, Army”, $8,200,000, to remain available for obligation until September 30, 2003: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. Research, Development, Test and Evaluation, Navy For an additional amount for “Research, Development, Test and Evaluation, Navy”, $9,000,000, to remain available for obligation until September 30, 2003: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. Research, Development, Test and Evaluation, Air Force For an additional amount for “Research, Development, Test and Evaluation, Air Force”, $198,400,000, to remain available for obligation until September 30, 2003: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That $137,600,000 shall be available only to the extent that an official budget request, that includes designation of $137,600,000 as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. Research, Development, Test and Evaluation, Defense-Wide For an additional amount for “Research, Development, Test and Evaluation, Defense-Wide”, $67,000,000, to remain available for obligation until September 30, 2003: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. GENERAL PROVISIONS—THIS CHAPTER Sec. 301. (a) The appropriation under the heading “Research, Development, Test and Evaluation, Navy” in the Department of Defense Appropriations Act, 2002 (Public Law 107-117) is amended 115 Stat. 2243. by adding the following proviso immediately after “September 30, 2003”: “: Provided, That funds appropriated in this paragraph which are available for the V-22 may be used to meet unique requirements of the Special Operations Forces”. (b) The amendment made by subsection (a) shall be effective Effective date. as if enacted as part of the Department of Defense Appropriations Act, 2002. Sec. 302. During the current fiscal year, the restrictions con tained in subsection (d) of 22 U.S.C. 5952 and section 502 of the Freedom Support Act (Public Law 102-511) shall not apply if the President certifies in writing to the Speaker of the House of Representatives and the President pro tempore of the Senate that waiving such restrictions is important to the national security interests of the United States. Sec. 303. Funds appropriated by this Act, or made available by the transfer of funds in this Act, for intelligence activities are deemed to be specifically authorized by the Congress for purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 414): Provided, That any funds appropriated or transferred to the Central Intelligence Agency for agent operations or covert action programs authorized by the President under section 503 of the National Security Act of 1947, as amended, shall remain available until September 30, 2003. Sec. 304. (a) Funds appropriated to the Department of Defense for fiscal year 2002 for operation and maintenance under the heading “Chemical Agents and Munitions Destruction, Army”, may be used to pay for additional costs of international inspectors from the Technical Secretariat of the Organization for the Prohibition of Chemical Weapons, pursuant to Articles IV and V of the Chemical Weapons Convention, for inspections and monitoring of Department of Defense sites and commercial sites that perform services under contract to the Department of Defense, resulting from the Department of Defense’s program to accelerate its chemical demilitarization schedule. (b) Expenses which may be paid under subsection (a) include— (1) salary costs for performance of inspection and monitoring duties; (2) travel, including travel to and from the point of entry into the United States and internal United States travel; (3) per diem, not to exceed United Nations rates and in compliance with United Nations conditions for per diem for that organization; and (4) expenses for operation and maintenance of inspection and monitoring equipment. Sec. 305. (a) (1) In fiscal year 2002, funds available to the Department of Defense for assistance to the Government of Colombia shall be available to support a unified campaign against narcotics trafficking, against activities by organizations designated as terrorist organizations such as the Revolutionary Armed Forces of Colombia (FARC), the National Liberation Army (ELN), and the United Self-Defense Forces of Colombia (AUC), and to take actions to protect human health and welfare in emergency circumstances, including undertaking rescue operations. (2) The provision shall also apply to unexpired balances and assistance previously provided from prior years’ Acts available for purposes identified in subsection (a)(1). (3) The authority in this section is in addition to authorities currently available to provide assistance to Colombia. (b) The authorities provided in subsection (a) shall not be exercised until the Secretary of Defense certifies to the Congress that the provisions of section 601(b) of this Act have been complied with. (c) Sections 556, 567, and 568 of Public Law 107-115, section 8093 of the Department of Defense Appropriations Act, 2002, and the numerical limitations on the number of United States military personnel and United States individual civilian contractors in section 3204(b)(1) of Public Law 106—246, as amended, shall be applicable to funds made available pursuant to the authority contained in subsection (a). (d) No United States Armed Forces personnel or United States civilian contractor employed by the United States will participate in any combat operation in connection with assistance made available under this chapter, except for the purpose of acting in self defense or rescuing any United States citizen to include United States Armed Forces personnel, United States civilian employees, and civilian contractors employed by the United States. Sec. 306. In addition to amounts appropriated or otherwise made available elsewhere in this Act for the Department of Defense or in the Department of Defense and Emergency Supplemental Appropriations for Recovery from and Response to Terrorist Attacks on the United States Act, 2002 (Public Law 107-117), $75,000,000, to remain available until September 30, 2003, is hereby appropriated to the Department of Defense under the heading “Chemical Agents and Munitions Destruction, Army” for Research, development, test and evaluation, for the purpose of accelerating chemical agent destruction at Department of Defense facilities: Provided, That the entire amount made available in this section is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount shall be available only to the extent that an official budget request, that includes designation of the entire amount as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. Sec. 307. (rescissions) Of the funds available in Department of Defense Appropriations Acts or otherwise available to the Department of Defense, the following funds are hereby rescinded, from the following accounts in the specified amounts: “Other Procurement, Air Force”, 2001/2003, $12,500,000; “Missile Procurement, Air Force”, 2002/2004, $11,600,000; “Other Procurement, Air Force”, 2002/2004, $52,500,000; “Procurement, Defense-Wide”, 2002/2004, $30,000,000; and “Research, Development, Test and Evaluation, Air Force”, 2002/2003, $56,500,000. Sec. 308. During the current fiscal year and hereafter, section 10 USC 2401a note.. 2533a of title 10, United States Code, shall not apply to any transaction entered into to acquire or sustain aircraft under the authority of section 8159 of the Department of Defense Appropriations Act, 2002 (division A of Public Law 107-117; 115 Stat. 2284). Sec. 309. The Secretary of the Army shall obligate and expend the $2,000,000 appropriated for the Army by Public Law 107-117 for procurement of smokeless nitrocellulose under Activity 1, instead of under Activity 2, Production Base Support Industrial Facilities, for the purpose of preserving a commercially owned and operated capability of producing defense grade nitrocellulose at the rate of at least 10,000,000 pounds per year in order to preserve a commercial manufacturing capability for munitions precursor sup plies for the High Zone Modular Artillery Charge System and to preserve competition in that manufacturing capability. Sec. 310. Not later than 15 days after the date of the enactment Deadline. of this Act, the Secretary of Defense shall obligate, from funds made available in title II of division A of Public Law 107-117 under the heading “Operation and Maintenance, Defense-Wide” (115 Stat. 2233), $4,000,000 for a grant to support the conversion of the Naval Security Group, Winter Harbor (the naval base on Schoodic Peninsula), Maine, to utilization as a research and education center for Acadia National Park, Maine, including the preparation of a plan for the reutilization of the naval base for such purpose that will benefit communities in the vicinity of the naval base and visitors to Acadia National Park and will stimulate important research and educational activities. Sec. 311. Of the amount available for fiscal year 2002 for the Army National Guard for operation and maintenance, $2,200,000 shall be made available for the Army National Guard for information operations, information assurance operations, and training for such operations. Sec. 312. (rescission) Of the funds provided under the heading, “Emergency Response Fund”, in Public Law 107-38 that were not subject to subsequent enactment and not subject to the restrictions of the fifth proviso of that Act, and subsequently transferred to “Defense Emergency Response Fund”, $224,000,000 of unobligated amounts are hereby rescinded. Sec. 313. (rescission) Of the unobligated funds available in titles III and IV of the Department of Defense Appropriations Act, 2002, $226,000,000, reflecting savings from revised economic assumptions, shall be rescinded within 15 days of enactment of this Act: Provided, That this reduction shall be applied on a pro-rata basis to each appropriations account in said titles, and to each line item, program element, project, subproject, and activity within each such account. CHAPTER 4 DISTRICT OF COLUMBIA FEDERAL FUNDS Federal Payment to the Children’S National Medical Center For a Federal payment to the Children’s National Medical Center in the District of Columbia for implementing the District Emergency Operations Plan, $10,000,000, to remain available until September 30, 2003, of which $8,000,000 shall be for the expansion of quarantine facilities, and $2,000,000 shall be for the establishment of a decontamination facility for children and families: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount shall be available only to the extent an official budget request that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. Federal Payment to the District of Columbia For a Federal payment to the District of Columbia to implement the District Emergency Operations Plan, $23,000,000, to remain available until December 1, 2003, of which $12,000,000 is for public safety expenses related to security events in the District of Columbia: Provided, That the Chief Financial Officer of the District of Columbia shall provide a report, within 15 days of an expenditure, to the Committees on Appropriations of the House of Representatives and Senate, detailing any expenditure of these funds: Provided further, That $5,000,000 is for the Unified Communications Center: Provided further, That $6,000,000 is for the construction of containment facilities and other activities to support the regional Bioterrorism Hospital Preparedness Program at the Washington Hospital Center: Provided further, That beginning October 1, 2002, the Chief Financial Officer of the Washington Hospital Center shall provide quarterly reports to the Committees on Appropriations of the House of Representatives and Senate, detailing the expenditure of these funds: Provided further, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount shall be available only to the extent an official budget request that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. Federal Payment to the Washington Metropolitan Area Transit Authority For a Federal payment to the Washington Metropolitan Area Transit Authority, $8,000,000, to remain available until September 30, 2003, to contribute to the creation of a regional transportation back-up operations control center: Provided, That the General Manager of the Washington Metropolitan Area Transit Authority shall submit a plan for the future financing of a regional transportation back-up operations control center no later than February 5, 2003 to the Committees on Appropriations of the House of Representatives and Senate: Provided further, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount shall be available only to the extent an official budget request that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. Federal Payment to the Metropolitan Washington Council of Governments For a Federal payment to the Metropolitan Washington Council of Governments, $1,750,000, to remain available until September 30, 2003, for support of the Regional Incident Communication and Coordination System, as approved by the Council: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 25l(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount shall be available only to the extent an official budget request that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. Federal Payment to the Water and Sewer Authority of the District of Columbia For a Federal payment to the Water and Sewer Authority of the District of Columbia for emergency preparedness, $1,250,000, to remain available until September 30, 2003, for remote monitoring of water quality: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount shall be available only to the extent an official budget request that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. Federal Payment for Family Court Act (including rescission) Of the funds appropriated under this heading in the District of Columbia Appropriations Act, 2002 (Public Law 107-96; 115 Stat. 929), $700,000 made available for the Mayor of the District of Columbia are rescinded. For a Federal payment to the Mayor of the District of Columbia for carrying out the District of Columbia Family Court Act of 2001, $700,000, to remain available until September 30, 2003, of which $200,000 shall be for completion of a plan by the Mayor on integrating the computer systems of the District of Columbia government with the Family Court of the Superior Court of the District of Columbia: Provided, That $500,000 of such amount provided to the Mayor shall be for the Child and Family Services Agency to be used for social workers to implement Family Court reform: Provided further, That the availability of these funds shall be subject to the reporting and availability requirements under this heading in the District of Columbia Appropriations Act, 2002 (Public Law 107-96; 115 Stat. 929). DISTRICT OF COLUMBIA FUNDS OPERATING EXPENSES Division of Expenses The following amounts are appropriated for the District of Columbia for the current fiscal year out of the general fund of the District of Columbia. For public safety expenses related to security events in the District of Columbia, $12,000,000, to remain available until December 1, 2003. For construction of containment facilities and other activities to support the regional Bioterrorism Hospital Preparedness Program at the Washington Hospital Center, $6,000,000, to remain available until December 1, 2003. For the Unified Communications Center, $5,000,000, to remain available until December 1, 2003. For carrying out the District of Columbia Family Court Act of 2001, $700,000, to remain available until September 30, 2003. Governmental Direction and Support The paragraph under this heading in the District of Columbia Appropriations Act, 2002 (Public Law 107-96; 115 Stat. 933) is amended by striking: “Provided further, That not less than $353,000 shall be available to the Office of the Corporation Counsel to support increases in the Attorney Retention Allowance:” and inserting: “Provided further, That not less than $353,000 shall be available to the Office of the Corporation Counsel to support attorney compensation consistent with performance measures contained in a negotiated collective bargaining agreement:”. Public Safety and Justice (rescission) Notwithstanding any other provision of law, of the local funds appropriated under this heading to the Department of Corrections for support of the Corrections Information Council in the District of Columbia Appropriations Act, 2002 (Public Law 107-96; 115 Stat. 935), $100,000 are rescinded. Corrections Information Council For operations of the Corrections Information Council, $100,000 from local funds. Public Education System (rescission) Notwithstanding any other provision of law, of the local funds appropriated under this heading for public charter schools for the fiscal year ending September 30, 2002, in the District of Columbia Appropriations Act, 2002 (Public Law 107-96; 115 Stat. 935), $37,000,000 are rescinded. Human Support Services For an additional amount for “Human Support Services”, $37,000,000 from local funds: Provided, That $11,000,000 shall be for the Child and Family Services Agency to address increased adoption case rates, higher case loads for adoption and emergency group home utilization: Provided further, That $26,000,000 shall be for the Department of Mental Health to address a Medicaid revenue shortfall. Repayment of Loans and Interest (rescission) Of the funds appropriated under this heading in the District of Columbia Appropriations Act, 2002 (Public Law 107-96; 115 Stat. 940), $7,950,000 are rescinded. Certificates of Participation For principal and interest payments on the District’s Certificates of Participation, issued to finance the One Judiciary Square ground lease underlying the building located at One Judiciary Square, $7,950,000 from local funds. ENTERPRISE AND OTHER FUNDS Water and Sewer Authority The following amounts are appropriated for the District of Columbia for the current fiscal year out of the general fund of the District of Columbia. For remote monitoring of water quality, $1,250,000, to remain available until September 30, 2003. GENERAL PROVISIONS—THIS CHAPTER Sec. 401. The District of Columbia may use up to 1 percent of the funds appropriated to the District of Columbia under the Emergency Supplemental Act, 2002 (Public Law 107-117; 115 Stat. 2230), to fund the administrative costs that are needed to fulfill the purposes of that Act. The District may use these funds for this purpose as of January 10, 2002. Sec. 402. Section 16(d)(2) of the Victims of Violent Crime Compensation Act of 1996 (sec. 4-515(d)(2), D.C. Official Code), as amended by the District of Columbia Appropriations Act, 2002 (Public Law 107-96; 115 Stat. 928) is amended to read as follows: “(2) 50 percent of such balance shall be transferred from the Fund to the Mayor and shall be used without fiscal year limitation for outreach activities designed to increase the number of crime victims who apply for such direct compensation payments.”. Sec. 403. (a) Notwithstanding any other provision of law, the positive fund balance of the general fund of the District government which remained at the end of fiscal year 2000 (as reflected in the complete financial statement and report on the activities of the District government for such fiscal year under section 448(a)(4) of the District of Columbia Home Rule Act) shall be used during fiscal year 2002 to provide the minimum balances required for fiscal year 2002 for the emergency reserve fund under section 450A of the District of Columbia Home Rule Act and the contingency reserve fund under section 450B of such Act. (b) To the extent that the amount of the positive fund balance described in subsection (a) exceeds the amount required to provide the minimum balances in the reserve funds described in such subsection, the District government shall use the excess amount— (1) to address potential deficits in the budget of the District government for fiscal year 2002, subject to the same conditions applicable under section 202(j)(3) of the District of Columbia Financial Responsibility and Management Assistance Act of 1995 to the obligation and expenditure of the budget reserve and cumulative cash reserve under such section; or (2) if the Chief Financial Officer of the District of Columbia certifies that the excess amount is available and is not required to address potential deficits in the budget of the District government for fiscal year 2002, for Pay-As-You-Go Capital Funds. (c) To the extent that the excess amount described in subsection (b) is used to address potential deficits in the budget of the District government for fiscal year 2002, such amount shall remain available until expended. (d) (1) The item relating to “District of Columbia Funds—Operating Expenses—Repayment of Loans and Interest” in the District of Columbia Appropriations Act, 2002 (Public Law 107-96; 115 Stat. 940) is amended by striking “That any funds set aside” and all that follows through “That for equipment leases,” and inserting “That for equipment leases,”. (2) Section 159(c) of the District of Columbia Appropriations Act, 2001 (Public Law 106-522; 114 Stat. 2482), as amended by section 133(c) of the District of Columbia Appropriations Act, 2002 (Public Law 107-96; 115 Stat. 956) is amended by striking paragraph (3). Sec. 404. The Chief Financial Officer of the Washington Metropolitan Area Transit Authority may use up to $2,400,000 from funds appropriated under Public Law 107-117 under the account, “Federal Payment to the Washington Metropolitan Area Transit Authority”, that contains funds for protective clothing and breathing apparatus activities, for employee and facility security and completion of the fiber optic network project. Sec. 405. The District of Columbia Courts may expend up to $3,000,000 to carry out the District of Columbia Family Court Act of 2001 from the “Federal Payment to the District of Columbia Courts” account: Provided, That such funds may be transferred to the “Federal Payment to the District of Columbia Courts” account from the “Federal Payment for Family Court Act” account in reimbursement for such obligations and expenditures as are necessary to implement the District of Columbia Family Court Act of 2001 for the period from October 1, 2001 to September 30, 2002, once funds in the “Federal Payment for Family Court Act” account become available. Sec. 406. Section ll-908A(b)(4) of the District of Columbia Code (as added by Public Law 107-114) is amended by striking 115 Stat. 2101. “section 11-1501(b)” and inserting “section 433 of the District of Columbia Home Rule Act”. Sec. 407. (a) Under the heading, “Federal Payment to the Thurgood Marshall Academy Charter School” provided under Public Law 107-96, strike “Anacostia” and insert “Southeast, Washington, 115 Stat. 932. D.C.”. (b) Under the heading, “Federal Payment to Southeastern University” provided under Public Law 107-96, strike everything 115 Stat. 925. after “a public/private partnership” and insert in lieu thereof, “to plan a two year associate degree program.”. Sec. 408. Section 119 of the District of Columbia Appropriations Act, 2002 (Public Law 107-96; 115 Stat. 950) is amended as follows: (1) In the heading, by inserting “and Other Funds” after “Grants”. (2) In subsection (a), by inserting “and other funds” after “other grants”. (3) By amending subsection (b) to read as follows: “(b) Requirements.— “(1) Chief financial officer report and council approval for grants..— “(A) No such Federal, private, or other grant may be accepted, obligated, or expended pursuant to subsection (a) until— “(i) the Chief Financial Officer of the District of Columbia submits to the Council a report setting forth detailed information regarding such grant; and “(ii) the Council has reviewed and approved the acceptance, obligation, and expenditure of such grant. “(B) For purposes of subparagraph (A)(ii), the Council shall be deemed to have reviewed and approved the acceptance, obligation, and expenditure of a grant if— “(i) no written notice of disapproval is filed with the Secretary of the Council within 14 calendar days of the receipt of the report from the Chief Financial Officer under subparagraph (A)(i); or “(ii) if such a notice of disapproval is filed within such deadline, the Council does not by resolution disapprove the acceptance, obligation, or expenditure of the grant within 30 calendar days of the initial receipt of the report from the Chief Financial Officer under subparagraph (A)(i). “(2) Certification of chief financial officer and notification of committees for other funds.— No funds which are not grants may be accepted, obligated, or expended pursuant to subsection (a)— “(A) unless the Chief Financial Officer of the District of Columbia certifies that the funds are available and are not required to address potential deficits; and “(B) until the expiration of the 14-day period which begins on the date the Mayor notifies the Committees on Appropriations of the House of Representatives and Senate of the acceptance, obligation, and expenditure of such funds.”. (4) In subsection (c)— (A) by striking “under subsection (b)(2) of this section” and inserting “or other funds under this section”; (B) by inserting “or other funds” after “or other grant”; and (C) by striking “such paragraph” and inserting “this section”. (5) In subsection (d), by inserting “and other funds” after “and other grants”. Sec. 409. Effective June 30, 2002, the authority which the Chief Financial Officer of the District of Columbia exercised with respect to personnel, procurement, and the preparation of fiscal impact statements during a control period (as defined in Public Law 104-8) shall remain in effect through July 1, 2003 or until such time as the District of Columbia Fiscal Integrity Act becomes effective, whichever occurs sooner. CHAPTER 5 DEPARTMENT OF DEFENSE—CIVIL Department of the Army Corps of Engineers—Civil Operation and Maintenance, General For an additional amount for “Operation and Maintenance, General” for emergency expenses, $108,200,000, to remain available until September 30, 2003: Provided, That the entire amount shall be available only to the extent an official budget request that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress: Provided further, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That funds made available under this heading in this Act and in Public Law 107-117 may be used to fund measures and activities undertaken by the Secretary of the Army, acting through the Chief of Engineers, to protect and secure any infrastructure owned or operated by, or on behalf of, the U.S. Army Corps of Engineers, including administrative buildings and facilities; and, in addition, $32,000,000, to remain available until expended: Provided, That using the funds appropriated herein, the Secretary of the Army, acting through the Chief of Engineers, is directed to repair, restore, and clean-up Corps’ projects and facilities and dredge navigation channels, restore and clean out area streams, provide emergency streambank protection, restore other crucial public infrastructure (including sewer and water facilities), document flood impacts and undertake other flood recovery efforts deemed necessary and advisable by the Chief of Engineers: Provided further, That $10,000,000 of the funds provided shall be for Southern West Virginia, Eastern Kentucky, and Southwestern Virginia: Provided further, That the remaining $22,000,000 shall be available for Western Illinois, Southern Indiana, Eastern Missouri, and the Upper Peninsula of Michigan. DEPARTMENT OF THE INTERIOR Bureau of Reclamation water and related resources For an additional amount for “Water and Related Resources”, $7,000,000, to remain available until expended: Provided, That $3,000,000 is for the drilling of emergency wells in Santa Fe, New Mexico: Provided further, That $4,000,000 is to be used for the lease of up to 38,000 acre-feet of emergency water for the Rio Grande in New Mexico, in compliance with the existing biological opinion. DEPARTMENT OF ENERGY ENERGY PROGRAMS Science For an additional amount for “Science” for emergency expenses necessary to support safeguards and security activities, $24,000,000: Provided, That the entire amount shall be available only to the extent an official budget request that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress: Provided further, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. ATOMIC ENERGY DEFENSE ACTIVITIES National Nuclear Security Administration weapons activities (including rescission) For an additional amount for “Weapons Activities” for emergency expenses, $158,050,000: Provided, That $138,650,000 shall be available only to the extent that an official budget request for $138,650,000 that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress: Provided further, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. Of the funds appropriated under this heading in Public Law 107-66 and prior Energy and Water Development Appropriations Acts, $14,460,000 of unexpended balances are rescinded. defense nuclear nonproliferation For an additional amount for “Defense Nuclear Nonproliferation” for emergency activities necessary to support the safeguarding of nuclear material, $100,000,000, to remain available until December 31, 2002. office of the administrator For an additional amount for “Office of the Administrator” for emergency expenses, $1,750,000: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount shall be available only to the extent an official budget request that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES Defense Environmental Restoration and Waste Management (including rescission) an additional amount for “Defense Environmental Restoration and Waste Management” for emergency expenses necessary to support safeguards and security activities, $56,000,000: Provided, That the entire amount shall be available only to the extent an official budget request that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress: Provided further, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. Of the funds appropriated under this heading in Public Law 107-66 and prior Energy and Water Development Appropriations Acts, $15,540,000 of unexpended balances are rescinded. Defense Facilities Closure Projects For an additional amount for “Defense Facilities Closure Projects” for emergency expenses necessary to support safeguards and security activities, $14,000,000: Provided, That the entire amount shall be available only to the extent an official budget request that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is trans mitted by the President to the Congress: Provided further, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. Other Defense Activities For an additional amount for “Other Defense Activities” for emergency expenses necessary to support energy security and assurance activities, $7,000,000: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. GENERAL PROVISIONS—THIS CHAPTER Sec. 501. The amounts invested by the non-Federal interests in the biomass project at Winona, Mississippi, before the date of enactment of this Act shall constitute full satisfaction of the cost-sharing requirement under section 3002 of the Energy Policy Act of 1992 (42 U.S.C. 13542). Sec. 502. Section 1 of Public Law 105-204 (112 Stat. 681) is amended— (1) in subsection (b), by striking “until the date” and all that follows and inserting “until the date that is 30 days after the date on which the Secretary of Energy awards a contract under subsection (c), and no such amounts shall be available for any purpose except to implement the contract.”; and (2) by striking subsection (c) and inserting the following: “(c) Contracting Requirements..— “(1) In general.— Notwithstanding any other provision of law (except section 1341 of title 31, United States Code), the Secretary of Energy shall— “(A) not later than 10 days after the date of enactment Deadlines. of this paragraph, request offerors whose proposals in response to Request for Proposals No. DE-RP05-010R22717 (‘Acquisition of Facilities and Services for Depleted Uranium Hexalfluoride (DUF6) Conversion Project’) were included in the competitive range as of January 15, 2002, to confirm or reinstate the offers in accordance with this paragraph, with a deadline for offerors to deliver reinstatement or confirmation to the Secretary of Energy not later than 20 days after the date of enactment of this paragraph; and “(B) not later than 30 days after the date of enactment of this paragraph, select for award of a contract the best value of proposals confirmed or reinstated under subparagraph (A), and award a contract for the scope of work stated in the Request for Proposals, including the design, construction, and operation of— “(i) a facility described in subsection (a) on the site of the gaseous diffusion plant at Paducah, Kentucky; and “(ii) a facility described in subsection (a) on the site of the gaseous diffusion plant at Portsmouth, Ohio. “(2) Contract terms.— Notwithstanding any other provision of law (except section 1341 of title 31, United States Code) the Secretary of Energy shall negotiate with the awardee to modify the contract awarded under paragraph (1) to— “(A) require, as a mandatory item, that groundbreaking for construction occur not later than July 31, 2004, and that construction proceed expeditiously thereafter; “(B) include as an item of performance the transportation, conversion, and disposition of depleted uranium contained in cylinders located at the Oak Ridge K-25 uranium enrichment facility located in the East Tennessee Technology Park at Oak Ridge, Tennessee, consistent with environmental agreements between the State of Tennessee and the Secretary of Energy; and “(C) specify that the contractor shall not proceed to perform any part of the contract unless sufficient funds have been appropriated, in advance, specifically to pay for that part of the contract. “(3) Certification of groundbreaking.— Not later than 5 days after the date of groundbreaking for each facility, the Secretary of Energy shall submit to Congress a certification that groundbreaking has occurred. “(d) Funding.— “(1) In general.— For purposes of carrying out this section, the Secretary of Energy may use any available appropriations (including transferred unobligated balances). “(2) Authorization of appropriations.— There are authorized to be appropriated, in addition to any funds made available under paragraph (1), such sums as are necessary to carry out this section.”. CHAPTER 6 BILATERAL ECONOMIC ASSISTANCE Funds Appropriated to the President united states agency for international development child survival and health programs fund For an additional amount for “Child Survival and Health Programs Fund” for emergency expenses for activities related to combating HIV/AIDS, tuberculosis, and malaria, $200,000,000, to remain available until June 30, 2003: Provided, That such activities should include maternal health and related assistance in communities heavily impacted by HIV/AIDS: Provided further, That additional assistance should be provided to prevent transmission of HIV/AIDS from mother to child: Provided further, That of the funds appropriated under this heading in this Act, not less than $100,000,000 should be made available for a further United States contribution to the Global Fund to Fight AIDS, Tuberculosis, and Malaria: Provided further, That the cumulative amount of United States contributions to the Global Fund may not exceed the total resources provided by other donors and available for use by the Global Fund as of December 31, 2002: Provided further, That of the funds appropriated under this heading, up to $6,000,000 may be transferred to and merged with funds appropriated by this Act under the heading “Operating Expenses of the United States Agency for International Development” for costs directly related to international health: Provided further, That funds appropriated by this paragraph shall be apportioned to the United States Agency for International Development, and the authority of sections 632(a) or 632(b) of the Foreign Assistance Act of 1961, or any similar provision of law, may not be used to transfer or allocate any part of such funds to any agency of the United States Government: Provided further, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount shall be available only to the extent an official budget request, that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress: Provided further, That the funds appropriated under this heading shall be subject to the regular notification procedures of the Committees on Appropriations. international disaster assistance For an additional amount for “International Disaster Assistance” for emergency expenses for activities related to combating international terrorism, including repairing homes of Afghan citizens that were damaged as a result of military operations, $134,000,000, to remain available until September 30, 2003. In addition, for an additional amount for “International Disaster Assistance” for assistance for the West Bank and Gaza, $50,000,000, to remain available until September 30, 2003: Provided, That none of the funds appropriated by this Act may be obligated or expended with respect to providing funds to the Palestinian Authority: Provided further, That the entire amount provided under this heading in this Act is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That $144,000,000 shall be available only to the extent an official budget request, that includes designation of $144,000,000, including $50,000,000 for the West Bank and Gaza, as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. operating expenses of the united states agency for international development For an additional amount for “Operating Expenses of the United States Agency for International Development” for emergency expenses for activities related to combating international terrorism, $7,000,000, to remain available until September 30, 2003: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. Other Bilateral Economic Assistance economic support fund For an additional amount for “Economic Support Fund” for emergency expenses for activities related to combating international terrorism, $665,000,000, to remain available until June 30, 2003: Provided, That of the funds appropriated by this paragraph that are made available for assistance for Pakistan, $1,000,000 should be made available for programs and activities which support the development of independent media in Pakistan: Provided further, That of the funds appropriated by this paragraph, $10,000,000 should be made available for the establishment of a pilot academic year international youth exchange program for secondary school students from countries with significant Muslim populations: Provided further, That funds made available pursuant to the previous proviso shall not be available for a country in which a similar academic year youth exchange program is currently funded by the United States: Provided further, That of the funds appropriated by this paragraph, $200,000,000 shall be made available for assistance for Israel, all or a portion of which may be transferred to, and merged with, funds appropriated by this Act under the heading “nonproliferation, anti-terrorism, demining and related programs” for defensive, non-lethal anti-terrorism assistance in accordance with the provisions of chapter 8 of part II of the Foreign Assistance Act of 1961: Provided further, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That $200,000,000 shall be available only to the extent an official budget request, that includes designation of $200,000,000 for Israel as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress: Provided further, That funds appropriated under this heading, and funds appropriated under this heading in prior Acts that are made available for the purposes of this paragraph, may be made available notwithstanding section 512 of Public Law 107-115 or any similar provision of law: Provided further, That the Secretary of State shall inform the Committees on Appropriations at least 15 days prior to the obligation of funds appropriated by this paragraph. assistance for the independent states of the former soviet union For an additional amount for “Assistance for the Independent States of the Former Soviet Union” for emergency expenses for activities related to combating international terrorism, $110,000,000, to remain available until June 30, 2003: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the Secretary of State shall inform the Committees on Appropriations at least 15 days prior to the obligation of funds appropriated by this paragraph. Department of State international narcotics control and law enforcement For an additional amount for “International Narcotics Control and Law Enforcement” for emergency expenses for activities related to combating international terrorism, $117,000,000, to remain available until September 30, 2003: Provided, That funds appropriated under this heading should be made available to train and equip a Colombian Armed Forces unit dedicated to apprehending the leaders of paramilitary organizations: Provided further, That of the funds appropriated by this paragraph, not to exceed $6,000,000 may be made available for assistance for the Colombian Armed Forces for purposes of protecting the Cano Limon pipeline: Provided further, That prior to the obligation of funds under the previous proviso, the Secretary of State shall submit a report to the Committees on Appropriations describing: (1) the estimated oil revenues collected by the Government of Colombia from the Cano Limon pipeline for the preceding 12 months; (2) the amounts expended during such period by the Government of Colombia and private companies owning a financial interest in the pipeline for primary health care, basic education, micro-enterprise and other programs and activities to improve the lives of the people of Arauca department; (3) steps that are being taken to increase and expand support for these programs and activities; and (4) mechanisms that are being established to adequately monitor such funds: Provided further, That of the funds appropriated by this paragraph, not to exceed $4,000,000 should be made available for law enforcement training for Indonesian police forces: Provided further, That the Secretary of State shall inform the Committees on Appropriations at least 15 days prior to the obligation of funds appropriated by this paragraph: Provided further, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That $3,000,000 shall be available only to the extent an official budget request, that includes designation of $3,000,000 as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. migration and refugee assistance For an additional amount for “Migration and Refugee Assistance” for emergency expenses for activities related to combating international terrorism, $40,000,000, to remain available until June 30, 2003: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount shall be available only to the extent an official budget request that includes designation of the entire amount of the request as an emergency requirement as defined of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. nonproliferation, anti-terrorism, demining and related programs For an additional amount for “Nonproliferation, Anti-Terrorism, Demining and Related Programs” for emergency expenses for activities related to combating international terrorism, $88,000,000, to remain available until September 30, 2003: Provided, That of the funds appropriated by this paragraph, not to exceed $12,000,000 should be made available for assistance for Indonesia: Provided further, That of the funds appropriated by this paragraph, up to $1,000,000 may be made available for small arms and light weapons destruction in Afghanistan: Provided further, That of the funds appropriated by this paragraph, up to $1,000,000 may be made available for the Nonproliferation and Disarmament Fund: Provided further, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That $5,000,000 shall be available only to the extent an official budget request, that includes designation of $5,000,000 as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress: Provided further, That funds appropriated by this paragraph shall be subject to the regular notification procedures of the Committees on Appropriations. MILITARY ASSISTANCE Funds Appropriated to the President foreign military financing program For an additional amount for “Foreign Military Financing Program” for emergency expenses for activities related to combating international terrorism, $387,000,000, to remain available until June 30, 2003: Provided, That funds made available by this Act for assistance for the Government of Uzbekistan may be made available if the Secretary of State determines and reports to the Committees on Appropriations that the Government of Uzbekistan is making substantial and continuing progress in meeting its commitments under the “Declaration on the Strategic Partnership and Cooperation Framework Between the Republic of Uzbekistan and the United States of America”: Provided further, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That $30,000,000 shall be available only to the extent an official budget request, that includes designation of $30,000,000 for the Philippines as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress: Provided further, That the Secretary of State shall inform the Committees on Appropriations at least 15 days prior to the obligation of funds appropriated by this paragraph: Provided further, That funds appropriated under this heading, and funds appropriated under this heading in prior Acts that are made available for the purposes of this paragraph, may be made available notwithstanding section 512 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2002 or any similar provision of law: Provided further, That not to exceed $2,000,000 of the funds appropriated in this paragraph may be obligated for necessary expenses, including the purchase of passenger motor vehicles for use outside of the United States, for the general cost of administering military assistance and sales. peacekeeping operations For an additional amount for “Peacekeeping Operations” for emergency expenses for activities related to combating international terrorism, $20,000,000, to remain available until June 30, 2003: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That funds appropriated by this paragraph shall be available only for Afghanistan, and may be made available notwithstanding section 512 of Public Law 107-115 or any similar provision of law. EXPORT AND INVESTMENT ASSISTANCE Export-Import Bank of the United States (rescission) Of the funds appropriated under the heading “Export-Import Bank of the United States” that are available for tied-aid grants in title I of Public Law 107-115 and under such heading in prior Acts making appropriations for foreign operations, export financing, and related programs, $50,000,000 are rescinded. BILATERAL ECONOMIC ASSISTANCE Funds Appropriated to the President (rescission) Of the funds appropriated to carry out the provisions of parts I and II of the Foreign Assistance Act of 1961, the Support for East European Democracy (SEED) Act of 1989, and the FREEDOM Support Act, in title II of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2000 (as contained in Public Law 106-113) and in prior Acts making appropriations for foreign operations, export financing, and related programs, $60,000,000 are rescinded: Provided, That not more than a total of $25,000,000 may be rescinded from funds appropriated under the heading “Development Assistance” in said Acts: Provided further, That no rescission may be made from funds appropriated to carry out the provisions of section 104(c) of the Foreign Assistance Act of 1961. MULTILATERAL ECONOMIC ASSISTANCE Funds Appropriated to the President international financial institutions (rescission) The unobligated balances of funds provided in Public Law 92-301 and Public Law 93-142 for maintenance of value payments to international financial institutions are rescinded. GENERAL PROVISIONS—THIS CHAPTER Sec. 601. (a) Counter-Terrorism Authority.— (1) In fiscal year 2002, funds available to the Department of State for assistance to the Government of Colombia shall be available to support a unified campaign against narcotics trafficking, against activities by organizations designated as terrorist organizations such as the Revolutionary Armed Forces of Colombia (FARC), the National Liberation Army (ELN), and the United Self-Defense Forces of Colombia (AUC), and to take actions to protect human health and welfare in emergency circumstances, including undertaking rescue operations. (2) This provision shall also apply to unexpired balances and assistance previously provided from prior years’ Acts available for the purposes identified in paragraph (1). (3) The authority in this section is in addition to authorities currently available to provide assistance to Colombia. (b) In order to ensure effectiveness of United States support for such a unified campaign, prior to the exercise of the authority contained in subsection (a), the Secretary of State shall report to the Committees on Appropriations that— (1) the newly elected President of Colombia has— (A) committed, in writing, to establish comprehensive policies to combat illicit drug cultivation, manufacturing, and trafficking (particularly with respect to providing economic opportunities that offer viable alternatives to illicit crops) and to restore government authority and respect for human rights in areas under the effective control of paramilitary and guerrilla organizations; (B) committed, in writing, to implement significant budgetary and personnel reforms of the Colombian Armed Forces; and (C) committed, in writing, to support substantial additional Colombian financial and other resources to implement such policies and reforms, particularly to meet the country’s previous commitments under “Plan Colombia”; and (2) no United States Armed Forces personnel or United States civilian contractor employed by the United States will participate in any combat operation in connection with assistance made available for Colombia under this chapter. (c) The authority provided in subsection (a) shall cease to be effective if the Secretary of State has credible evidence that the Colombian Armed Forces are not conducting vigorous operations to restore government authority and respect for human rights in areas under the effective control of paramilitary and guerrilla organizations. (d) Sections 556, 567, and 568 of Public Law 107-115, section 8093 of the Department of Defense Appropriations Act, 2002, and the numerical limitations on the number of United States military personnel and United States individual civilian contractors in section 3204(b)(1) of Public Law 106-246, as amended, shall be applicable to funds made available pursuant to the authority contained in subsection (a). Sec. 602. DONATED SHIPMENT OF HUMANITARIAN ASSISTANCE OVERSEAS During fiscal year 2002, of the amounts made available by the United States Agency for International Development to carry out the provisions of section 123(b) of the Foreign Assistance Act of 1961, funds may be made available to non-governmental organizations for administrative costs necessary to implement a program to obtain available donated space on commercial ships for the shipment of humanitarian assistance overseas. Sec. 603. REPORTS ON AFGHANISTAN SECURITY AND DELIVERY OF ASSISTANCE The President shall transmit to the Committee on President. Appropriations and the Committee on International Relations of the House of Representatives and the Committee on Appropriations and the Committee on Foreign Relations of the Senate two reports setting forth a strategy for meeting the security needs of Afghanistan in order to promote safe and effective delivery of humanitarian and other assistance throughout Afghanistan, further the rule of law and civil order, and support the formation of a functioning, representative Afghan national government. The first report, which Deadline. should be transmitted no later than 30 days after enactment of this Act, should report on the strategy for meeting the immediate security needs of Afghanistan. The second report, which should Deadline. be transmitted no later than 90 days after enactment of this Act, should report on a long term strategy for meeting the security needs of Afghanistan and should include a reassessment of the strategy to meet the immediate security needs if they have changed substantially. CHAPTER 7 DEPARTMENT OF THE INTERIOR Bureau of Land Management management of lands and resources For an additional amount for “Management of Lands and Resources”, $658,000, for emergency security expenses, to remain available until expended: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount shall be available only to the extent an official budget request that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. United States Fish and Wildlife Service resource management For an additional amount for “Resource Management”, $1,038,000, for emergency security expenses, to remain available until expended: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount shall be available only to the extent an official budget request that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. construction For an additional amount for “Construction”, $3,125,000, to remain available until expended, for facility and safety improvements related to homeland security: Provided, That the Congress designates the entire amount as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount shall be available only to the extent an official budget request that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. National Park Service operation of the national park system For an additional amount for “Operation of the National Park System”, $1,173,000, for emergency security expenses, to remain available until expended: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount shall be available only to the extent an official budget request that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. construction For an additional amount for “Construction”, $17,651,000, to remain available until expended: Provided, That the Congress designates the entire amount as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount shall be available only to the extent an official budget request that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. United States Geological Survey surveys, investigations, and research For an additional amount for “Surveys, Investigations, and Research”, $26,000,000, to remain available until expended, of which $20,000,000 is for high resolution mapping and imagery of the Nation’s strategic cities, and of which $6,000,000 is for data storage infrastructure upgrades and emergency power supply system improvements at the Earth Resources Observation Systems Data Center: Provided, That the Congress designates the entire amount as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount shall be available only to the extent an official budget request that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. Bureau of Indian Affairs operation of indian programs (including rescission of funds) For an additional amount for “Operation of Indian Programs”, $134,000, for emergency security expenses, to remain available until expended: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount shall be available only to the extent an official budget request that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. Of the funds provided under this heading in Public Law 107-20 for electric power operations and related activities at the San Carlos Irrigation Project, $10,000,000 are rescinded. Funds provided under this heading in Public Law 107-20, for electric power operations and related activities at the San Carlos Irrigation Project, and remaining within the account may be used for unanticipated trust reform projects and costs related to the ongoing Cobell litigation or other litigation concerning the management of Indian trust funds: Provided, That funds made available herein may, as needed, be transferred to or merged with any account funded in the Interior and Related Agencies Appropriations Act to reimburse costs incurred for these litigation activities. Departmental Offices Departmental Management salaries and expenses For an additional amount for “Salaries and Expenses”, $905,000, for emergency security expenses, to remain available until expended: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount shall be available only to the extent an official budget request that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. DEPARTMENT OF AGRICULTURE Forest Service wildland fire management For an additional amount to cover necessary expenses for wildfire suppression operations, $50,000,000, to remain available until expended: Provided, That such funds are also available for repayment of advances to other appropriation accounts from which funds were previously transferred for wildfire suppression: Provided further, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount shall be available only to the extent that an official budget request, that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. capital improvement and maintenance For an additional amount for “Capital Improvement and Maintenance”, $3,500,000, to remain available until expended, for facility enhancements to protect property from acts of terrorism, vandalism, and theft: Provided, That the Congress designates the entire amount as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount shall be available only to the extent an official budget request that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. RELATED AGENCY Smithsonian Institution salaries and expenses For an additional amount for “Salaries and Expenses”, of the Smithsonian Institution, $10,000,000, for emergency security expenses, to remain available until expended: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount shall be available only to the extent an official budget request that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. construction For an additional amount for “Construction”, $2,000,000, to remain available until expended, for planning, design, and construction of an alcohol collections storage facility at the Museum Support Center: Provided, That the Congress designates the entire amount as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount shall be available only to the extent an official budget request that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. GENERAL PROVISIONS—THIS CHAPTER Sec. 701. Within 10 days of enactment of this Act, funds appropriated to the Forest Service under the heading “Wildland Fire Management” in Public Law 107-63 for the following purposes: $5,000,000 for research activities and $10,000,000 for capital improvement and maintenance of fire facilities, shall be released and made available for immediate obligation. These funds are not available for transfer for purposes other than those described in this section. Sec. 702. None of the funds appropriated in this or any other Act, except funds appropriated to the Office of Management and Budget, shall be available to study the transfer of any research activities from the Smithsonian Institution to the National Science Foundation. Sec. 703. In fiscal year 2002 and thereafter, the Secretary of the Interior may charge reasonable fees for services provided at Midway Atoll National Wildlife Refuge, including fuel sales, and retain those fees, to be credited to the United States Fish and Wildlife Service, “Resource Management” account and remain available until expended for operation and maintenance of infrastructure and staffing required for non-refuge specific needs, including meeting the terms necessary for an airport operating certificate and the purchase of fuel supplies. Sec. 704. The Department of the Interior and Related Agencies Appropriations Act, 2002 (Public Law 107-63), under the head “Minerals Management Service, Royalty and Offshore Minerals Management” is amended by striking the word “and” immediately following the word “points,” in the sixth proviso, and by inserting immediately after the word “program” in the sixth proviso “, or under its authority to transfer oil to the Strategic Petroleum Reserve,”, and by inserting at the end of the sixth proviso imme diately preceding the colon, the following, “and to recover MMS transportation costs, salaries and other administrative costs directly related to filling the Strategic Petroleum Reserve”. Sec. 705. In entering into agreements with foreign countries pursuant to the Wildfire Suppression Assistance Act (42 U.S.C. 1856m) the Secretary of Agriculture and the Secretary of the Interior are authorized to enter into reciprocal agreements in which the individuals furnished under said agreements to provide wildfire services are considered, for purposes of tort liability, employees of the country receiving said services when the individuals are fighting fires. The Secretary of Agriculture or the Secretary of the Interior shall not enter into any agreement under this provision unless the foreign country (either directly or through its fire organization) agrees to assume any and all liability for the acts or omissions of American firefighters engaged in firefighting in a foreign country. When an agreement is reached for furnishing fire fighting services, the only remedies for acts or omissions committed while fighting fires shall be those provided under the laws of the host country and those remedies shall be the exclusive remedies for any claim arising out of fighting fires in a foreign country. Neither the sending country nor any organization associated with the firefighter shall be subject to any action whatsoever pertaining to or arising out of fighting fires. Sec. 706. (a) Findings.— Congress finds that— (1) forest health conditions within the Beaver Park Area and the Norbeck Wildlife Preserve within the Black Hills National Forest are deteriorating and immediate action to treat these areas is in the public interest; (2) the existing settlement agreement in Biodiversity Associates v. Laverty, Civil Action No. 99-N-2173, filed in the United States District Court for the District of Colorado on September 12, 2000, (referred to in this Act as the “Settlement”) prevents timely action to reduce the risk of wildfire in the Beaver Park Roadless Area; (3) pending litigation (Sierra Club v. U.S. Forest Service, Civ. No. 94—D-2273 (D. Colorado)) prevents timely action to reduce the risk of wildfire in the Norbeck Wildlife Preserve; (4) existing administrative and legal processes cannot address the fire danger in time to enable the Secretary of Agriculture to take action to reduce the danger; (5) immediate action to address the fire danger in an environmentally responsive manner is supported by the State, local counties, local industry users, and some environmental groups; (6) the addition of 3,600 acres to the Black Elk Wilderness in the Black Hills National Forest is in the public interest; (7) the State of South Dakota, Lawrence, Meade and Pennington County fire officials are encouraged to identify “fire emergency zone” areas in which public safety may require a moratorium on issuance of new building permits, and identify the changes in conditions (including the adoption of fire-safe building standards) that may be needed to end these moratoria; and (8) the State of South Dakota is encouraged to take actions as necessary to create a defensible fuel zone within State lands south and southwest of Sturgis. (b) Purposes.— The purposes of this section are— (1) to authorize and direct the Secretary of Agriculture (in this section referred to as the “Secretary”) to undertake actions to address promptly the risk of fire and insect infestation; and (2) to designate an addition to the existing Black Elk Wilderness Area in the Black Hills National Forest. (c) Fire and Beetle Risk Reduction in Existing Timber Sale Analysis Areas.— (1) In general.— Subject to paragraph (2), the Secretary is authorized to treat additional timber within or outside the existing cutting units for the Piedmont, Kirk, Redhill, Cavern, Deadman, Danno and Vanocker timber sales and within the analysis areas for these sales as is necessary to reduce beetle infestation and fire hazard; (2) Criteria.— In implementing additional treatments within the timber sale analysis areas referred to in paragraph (1), the Secretary shall use in order of priority the following criteria: (A) Areas within ¼ mile of private properties where private property owners have taken or are taking actions to treat their lands. (B) Stands that are a fire hazard or insect infested, and are near private lands or in proximity to communities. (C) Areas that have the highest intensity or concentration of insect infestation that will move to other areas. (D) Stands that are a fire hazard or insect infested, and are near areas of high resource value where retaining green trees is important, such as goshawk nests, sensitive landscapes, recreation areas, and developments. (E) Stands that are a high fire hazard or insect infested, and are within skidding distance of existing roads. (F) Concentrations of insect infested trees. (G) Stands with the highest density that are most susceptible to insect attack and are in close proximity to infested trees. (3) Additional criteria.— In carrying out this subsection, the Secretary shall ensure that— (A) any additional treatment for the Cavern, Kirk, and Piedmont sales shall comply with provisions 6c, d and e of the Settlement; (B) any additional treatment for the Deadman and Vanocker sales, shall be consistent with the Black Hills Forest Plan, including the “Phase I Amendment”; and (C) any additional treatment for the Redhill and Danno sales shall comply with the provisions of 7b, c, and g of the Settlement. (4) Skid trails.— Notwithstanding the Settlement, the Secretary may authorize access by skid trails to the additional treatment areas referred to in this subsection to remove or treat infested stands, except that the skid trails otherwise restricted by the settlement shall be restored to pre-existing conditions upon completion of treatment activities. (5) Completion of treatment activities.— The Secretary shall request timber purchasers to give priority to completing treatment within the Piedmont, Kirk, Redhill, Cavern, Deadman, Danno, and Vanocker timber sale areas to address fire issues and beetle outbreaks. (d) Other Treatments.— (1) buffer zones.— The Secretary is authorized to reduce risk to private property adjoining the Black Hills National Forest by treating insect infested trees, dead trees, and downed woody materials on National Forest System lands in T5N, R5E, BHM, Section 35, and T4N, R5E, BHM, Sections 1, 2 and 12 within 200 feet of adjacent private property. The treatments shall comply with the goshawk nest protections and snail protections in provisions 6c and 7g of the Settlement. (2) Additional treatments.— The Secretary is authorized to treat for insects and fuel reduction National Forest System lands within ¼ mile of private property and other non-National Forest System lands near the community of Sturgis, and shall include, where feasible, the following locations: (A) in T5N, R5E, BHM within ¼ mile of the exterior boundary of the Black Hills National Forest in— (i) Section 35; (ii) Section 27; (iii) Section 21; (iv) Section 20; and (v) Section 18. (B) in T5N, R4E, BHM— (i) Section 13; (ii) ection 11; (iii) Section 2; (iv) Section 3; and (v) Section 4. (3) Fuel breaks.— The Secretary shall establish 400-foot fuel breaks as depicted on the map entitled “Beaver Park Fuel Breaks and Fuel Treatment Areas,” dated June 11, 2002. In establishing the fuel breaks, the Secretary— (A) shall not enter any 30-acre area around historic or active goshawk nest sites identified in Exhibit Bl of the Settlement; and (B) shall use best efforts to retain the largest green trees and large snags. (4) Limitation.— Treatment actions outside of the Beaver Park Roadless Area authorized by subsection (c) and subsection (d)(1), (2), and (3) shall be limited to no more than 8,000 acres of National Forest System land, pending the issuance of a decision on the proposed Elk Bugs and Fuel project. (5) Forbes gulch.— To reduce concentrated heavy fuels, the Secretary is authorized to treat not more than 700 acres within the area identified as Forbes Gulch on the map referred to in paragraph (3). Such treatments shall not involve commercial timber sales or road construction, except that the Secretary may permit firewood cutters to remove the timber without construction of any roads. In carrying out the treatments authorized by this paragraph, the Secretary— (A) may use the Forbes Gulch unclassified road for motorized equipment and vehicles to facilitate ingress and egress of equipment and personnel and may maintain this road to minimum standards necessary for safety and resource protection; (B) may utilize helicopters to fly in heavy equipment (such as industrial chippers and small tractors) to assist with the project; (C) shall use best efforts to retain the largest green trees and large snags; (D) may construct two 10-acre safety zones; and (E) shall reduce the stand structure to no less than 40 square feet basal area per acre of live trees, if available. (e) Fire Suppression Access in the Beaver Park Roadless Area.— (1) Pre-suppression plan.— The pre-suppression plan for the Beaver Park Roadless Area provided for in the Settlement may provide for actions authorized by this section, and shall be completed as soon as practicable. (2) Improved access.— The Secretary is authorized to provide for improved fire equipment access at the perimeter of the Beaver Park Roadless Area by improving classified Forest Roads 139.1, 169.1b, 169.1d, and 139.1b. Such improvements shall be the minimum necessary for crews, equipment and single axle wildfire trucks and may include removing selected trees along roads, constructing pull-outs and turn-arounds, smoothing road surfaces in rough spots, and straightening some comers. (3) Forbes gulch unclassified road.— To protect public safety and reduce fire risks, the Secretary shall prohibit public access year-long on the Forbes Gulch unclassified road. The Secretary shall conduct a roads analysis process as provided in Forest Service Manual 7710 and the necessary level of analysis and documentation pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321-4347) (in this section referred to as “NEPA”) before making a decision to open to public motor vehicle use the Forbes Gulch unclassified road identified on the map entitled “Beaver Park Fuel Breaks and Fuel Treatment Areas,” dated June 11, 2002. Except as provided in subsection (d)(5) and until a decision is issued, the Secretary shall not maintain the Forbes Gulch unclassified road and shall prohibit public access on the road. (4) HELISPOTS.— If sufficient openings for helispots are not available in the Beaver Park Roadless Area, the Secretary is authorized to construct two 5-acre helispots within the Area to transport firefighters and fire equipment into and out of the area. (5) Easements.— To facilitate firefighter access into, and escape routes from, Beaver Park Roadless Area, the Secretary shall attempt to acquire easements from the exterior Forest Service boundary to 1-90 on the eastern side of Beaver Park Roadless Area, at a minimum, along Tilford Gulch, Forbes Gulch, Pleasant Valley and Bulldog Gulch. (f) Needles Timber Sale Area.— (1) Needles timber sale.— The Needles Timber Sale shall proceed after the Secretary makes modifications in implementation of the Decision Notice to further benefit game animals and birds, as reflected in the memorandum known as the “Bums/Carter memorandum” dated November 10, 1999, and maintained in the Black Hills National Forest Supervisor’s office. The standards to which any road is constructed for the timber sale shall be the minimum necessary to access and remove timber. (2) Research committee.— By December 1, 2003, the Secretary shall select a committee composed of research scientists who are federal employees to recommend an old growth research area within the Needles area (outside the Needles Timber Sale cutting units). By December 1, 2004, the committee shall make its recommendation to the Secretary. The committee’s recommendation shall be subject to public notice, review and comment. (g) Grizzly Timber Sale.— The Grizzly Timber Sale shall proceed after the Secretary makes modifications in implementation of the Decision Notice to further benefit game animals and birds, as reflected in the memorandum known as the “Burns/Carter memorandum” dated November 10, 1999, and maintained in the Black Hills National Forest Supervisor’s office. The standards to which any road is constructed for the timber sale shall be the minimum necessary to access and remove timber. (h) Norbeck.— The Secretary is authorized to use the full spectrum of management tools including prescribed fire and silvicultural treatments to benefit game animal and bird habitat in meeting the purposes of the Norbeck Organic Act. The management actions required by subsections (f)(1) and (g) are deemed consistent with the Norbeck Organic Act (16 U.S.C. 675-678b). (i) Norbeck Memorandum of Understanding.— By December 1, 2003, the Secretary shall propose a Memorandum of Understanding with the South Dakota Department of Game, Fish and Parks to, at a minimum, adopt procedures to monitor the effects of management activities, consult on habitat management, concur on program areas of responsibility, and review and recommend as needed any changes to Norbeck Wildlife Preserve direction contained in the 1997 Revised Forest Plan and future plan amendments and revisions. The basis of the MOU will be the guidelines set forth in the May 21, 2002 memo by SDF&P. (j) Process.— Due to the extraordinary circumstances present here, actions authorized by this section shall proceed immediately and to completion notwithstanding any other provision of law including, but not limited to, NEPA and the National Forest Management Act (16 U.S.C. 1601 et seq.). Such actions shall also not be subject to the notice, comment, and appeal requirements of the Appeals Reform Act, (16 U.S.C. 1612 (note), Pub. Law No. 102-381 sec. 322). Any action authorized by this section shall not be subject to judicial review by any court of the United States. Except as provided by this section the Settlement remains in full force and effect. (k) Effect of Actions.— Except for those actions required by subsections (f)(1) and (g), the Secretary shall disclose the effect of actions authorized by this section in the proposed Elk Bugs and Fuels project cumulative effects analysis for past, present, and reasonably foreseeable future actions. The decision for the Elk Bugs and Fuels project shall be issued not later than July 1, 2003. (l) Research Natural Area.— Except as provided in this section, the Secretary shall undertake no additional ground disturbing or vegetation removal activities within the Beaver Park Roadless Area until completion of the Phase II amendment to the Black Hills National Forest Plan. The Secretary shall analyze the Beaver Park Roadless Area for suitability as a Research Natural Area, as required by the Settlement. The Secretary shall not consider any of the actions authorized or required by this section to affect the suitability of the Beaver Park Roadless Area for designation as a Research Natural Area. (m) Roadless Character.— The actions authorized by this section will not affect the determination of the Beaver Park Roadless Area’s wilderness capability, wilderness suitability, and/or roadless character. (n) Wilderness Designation.— Section 103 of Public Law 96-560 is amended by— 16 USC 1132 note.. (1) inserting “(1)” after “National Wilderness Preservation System:”; and (2) adding before Provided, That” the following: and (2) certain lands in the Black Hills National Forest, South Dakota, which comprise approximately three thousand six hundred acres, as generally depicted on a map entitled ‘Black Elk Wilderness Addition-Proposed,’ dated June 13, 2002, and which shall constitute an addition to the existing Black Elk Wilderness”. (o) Reporting.— The Secretary shall report to the Congress Deadlines. on the implementation of this section on or by November 30, 2002, June 30, 2003, and November 30, 2003. CHAPTER 8 DEPARTMENT OF LABOR Occupational Safety and Health Administration salaries and expenses Of the funds provided under this heading in Public Law 107-116 for Occupational Safety and Health Administration training grants, not less than $3,200,000 shall be used to extend funding for the Institutional Competency Building training grants which commenced in September 2000, for program activities for the period of September 30, 2002 to September 30, 2003, provided that a grantee has demonstrated satisfactory performance. DEPARTMENT OF HEALTH AND HUMAN SERVICES Health Resources and Services Administration health resources and services The matter preceding the first proviso under this heading in Public Law 107-116 is amended— (1) by inserting “IV,” after “titles II, III,”; and (2) by striking “$311,978,000” and inserting “$315,333,000”. The matter under this heading in Public Law 107-116 is amended by striking “$4,000,000 is for the Columbia Hospital for Women Medical Center in Washington, D.C. to support community outreach programs for children” and inserting “$4,000,000 is for the All Children’s Hospital, St. Petersburg, Florida to support development of a pediatric clinical research center program”. Centers for Disease Control and Prevention disease control, research, and training For an additional amount for the Centers for Disease Control and Prevention, “Disease Control, Research, and Training”, $1,000,000: Provided, That the entire amount is designated as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount shall be available only to the extent an official budget request, that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. National Institutes of Health buildings and facilities (including rescission) Of the funds provided under this heading in Public Law 107-116, $30,000,000 are rescinded. Under this heading in Public Law 107-116, “$26,000,000” is deleted and “$36,600,000” is inserted. Administration for Children and Families children and families services and programs For an additional amount for “Children and Families Services Programs” for carrying out section 316 of the Family Violence Prevention and Services Act (42 U.S.C. 10416), $500,000: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount shall be available only to the extent an official budget request, that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. Office of the Secretary public health and social services emergency fund For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States for “Public Health and Social Services Emergency Fund” for baseline and follow-up screening and clinical examinations, long-term health monitoring and analysis for the emergency services personnel, rescue and recovery personnel, $90,000,000, to remain available until expended, of which no less than $25,000,000 shall be available for current and retired firefighters: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount shall be available only to the extent an official budget request, that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. DEPARTMENT OF EDUCATION school improvement programs The matter under this heading in Public Law 107-116 is amended by inserting before the period, Provided further, That of the amount made available under subpart 8, part D, title V of the ESEA, $2,300,000 shall be available for Digital Educational Programming Grants”. Of the funds provided under this heading in Public Law 107-116 to carry out the Elementary and Secondary Education Act of 1965, $832,889,000 shall be available to carry out part D of title V, and up to $11,500,000 may be used to carry out section 2345. In the statement of the managers of the committee of conference accompanying H.R. 3061 (Public Law 107-116; House Report 107-342), in the matter relating to the Fund for the Improvement of Education under the heading “School Improvement Programs”— (1) the provision specifying $200,000 for Fresno At-Risk Youth Services and the provision specifying $225,000 for the Fresno Unified School District shall be applied by substituting the following for the two provisions: “Fresno Unified School District, Fresno, California, in partnership with the City of Fresno, California, for activities to address the problems of at-risk youth, including afterschool activities and a mobile science unit, $425,000”; (2) the provision specifying $250,000 for the Wellington Public School District, Wellington, KS, shall be deemed to read as follows: “Wellington Public School District, Wellington, KS, for after school activities, $250,000”; (3) the provision specifying $200,000 for the Vermont Higher Education Council shall be deemed to read as follows: “Vermont Higher Education Consortium to develop universal early learning programs to ensure that at least one certified teacher will be available in center-based child care programs, $200,000”; (4) the provision specifying $250,000 for Education Service District 117 in Wenatchee, WA, shall be deemed to read as follows: “Education Service District 171 in Wenatchee, WA, to equip a community technology center to expand technology based training, $250,000”; (5) the provision specifying $1,000,000 for the Electronic Data Systems Project shall be deemed to read as follows: “Washington State Department of Education for an electronic data systems project to create a database that would improve the acquisition, analysis and sharing of student information, $1,000,000”; (6) the provision specifying $250,000 for the YMCA of Seattle-King-Snohomish County shall be deemed to read as follows: “YWCA of Seattle-King County-Snohomish County to support women and families through an at-risk youth center and other family supports, $250,000”; (7) the provision specifying $50,000 for Drug Free Pennsylvania shall be deemed to read as follows: “Drug Free Pennsylvania to implement a demonstration project, $50,000”; (8) the provision specifying $20,000,000 for the Commonwealth of Pennsylvania Department of Education shall be deemed to read as follows: “$20,000,000 is included for a grant to the Commonwealth of Pennsylvania Department of Education to provide assistance, through subgrants, to low-performing school districts that are slated for potential takeover and/or on the Education Empowerment List as prescribed by Pennsylvania State Law. The initiative is intended to improve the management and operations of the school districts; assist with curriculum development; provide after-school, summer and weekend programs; offer teacher and principal professional development and promote the acquisition and effective use of instructional technology and equipment”; (9) the provision specifying $1,000,000 for State of Louisiana for Louisiana Online shall be deemed to read as follows: “Online Louisiana, Inc., New Orleans, LA, for a K-12 technology initiative, $1,000,000”; (10) the provision specifying $150,000 for the American Theater Arts for Youth, Inc., Philadelphia, PA, for a Mississippi Arts in Education Program shall be deemed to read as follows: “American Theater Arts for Youth, Inc., for a Mississippi Arts in Education program, $150,000”; (11) the provision specifying $340,000 for the Zero to Five Foundation, Los Angeles, California, shall be deemed to read as follows: “Zero to Five Foundation, Los Angeles, California, to develop an early childhood education and parenting project, $340,000”; (12) the provision specifying $900,000 for the University of Nebraska, Kearney, Nebraska, shall be deemed to read as follows: “University of Nebraska, Kearney, Nebraska, for a Minority Access to Higher Education Program to address the special needs of Hispanic and other minority populations from grades K-12, $900,000”; (13) the provision specifying $25,000 for the American Theater Arts for Youth for an Arts in Education program shall be deemed to read as follows: “American Theater Arts for Youth, Inc., in Philadelphia, Pennsylvania, for an Arts in Education program, $25,000”; (14) the provision specifying $50,000 for the Lewiston-Auburn College/University of Southern Maine shall be deemed to read as follows: “Lewiston-Auburn College/University of Southern Maine CLASS program to prepare teachers to meet the demands of Maine’s 21st century elementary and middle schools, $50,000”; and (15) the provision specifying $500,000 for the Prairie Lakes Education Cooperative in Madison, South Dakota to advance distance learning for Native Americans in BIA and tribal schools shall be deemed to read as follows: “Sisseton-Wahpeton School Board in Agency Village, South Dakota to advance distance learning for Native American students, $500,000”. student financial assistance For an additional amount for “Student Financial Assistance” for Pell Grants, $1,000,000,000, to remain available through September 30, 2003. higher education In the statement of the managers of the committee of conference accompanying H.R. 3061 (Public Law 107-116; House Report 107-342), in the matter relating to the Fund for the Improvement of Postsecondary Education under the heading “Higher Education”— (1) the provision for Nicholls State University, Thibodaux, LA, shall be applied by substituting “Intergenerational Program and Advanced Technology Program” for “International Program”; (2) the provision specifying $1,000,000 for the George J. Mitchell Scholarship Research Institute shall be deemed to read as follows: “George J. Mitchell Scholarship Research Institute in Portland, Maine, for an endowment to provide scholarships that allow students attending public schools in Maine to continue their education, $1,000,000”; (3) the provision specifying $10,000,000 for the Shriver Peace Worker Program, Inc. shall be deemed to read as follows: “Shriver Peace Worker Program, Inc. to establish the Sargent Shriver Peace Center, which may include establishing an endowment for such center, for the purpose of supporting graduate research fellowships, professorships, and grants and scholarships for students related to peace studies and social change, $10,000,000”; and (4) the provision specifying $1,000,000 for Cleveland State University shall be deemed to read as follows: “Cleveland State University, College of Education, Cleveland, Ohio, for a K-16 Urban School Leadership initiative, $1,000,000”. education research, statistics, and assessment The matter under this heading in Public Law 107–116, is amended by inserting before the period the following new proviso: “: Provided further, That $5,000,000 shall be available to extend for one additional year the contract for the Eisenhower National Clearinghouse for Mathematics and Science Education authorized under section 2102(a)(2) of the Elementary and Secondary Education Act of 1965, prior to its amendment by the No Child Left Behind Act of 2001, Public Law 107-110”. GENERAL PROVISIONS—THIS CHAPTER Sec. 801. The Elementary and Secondary Education Act of 20 USC 7703. 1965 is hereby amended in section 8003 by amending subsection (b)(2)(D)(ii)(III) to read as follows: “For a local educational agency that does not qualify under (B)(i)(II)(aa) of this subsection and has an enrollment of more than 100 but not more than 1,000 children described in subsection (a)(1), the Secretary shall calculate the total number of weighted student units for purposes of subsection (a)(2) by multiplying the number of such children by a factor of 1.25”. Sec. 802. The Elementary and Secondary Education Act of 1965 is hereby amended in section 8003(b)(1) by adding the following as subparagraph (G): “(G) Beginning with fiscal year 2002, for the purpose of calculating a payment under this paragraph for a local educational agency whose local contribution rate was computed under subparagraph (C)(iii) for the previous year, the Secretary shall use a local contribution rate that is not less than 95 percent of the rate that the LEA received for the preceding year.”. Sec. 803. Amounts made available in Public Law 107-116 for the administrative and related expenses for departmental management for the Department of Labor, the Department of Health and Human Services, and the Department of Education, shall be reduced by $45,000,000: Provided, That this provision shall not apply to the Food and Drug Administration and the Indian Health Service: Provided further, That not later than 15 days after the enactment of this Act, the Director of the Office of Management and Budget shall report to the House and Senate Committees on Appropriations the accounts subject to the reductions and the amount to be reduced in each account. Sec. 804. (a) Section 487 of the Public Health Service Act Ruth L. Kirschstein. (42 U.S.C. 288) is amended by striking “National Research Service Awards” or “National Research Service Award” each place either appears and inserting in lieu thereof “Ruth L. Kirschstein National Research Service Awards” or “Ruth L. Kirschstein National Research Service Award” as appropriate. (b) The heading for section 487 of the Public Health Service Act (42 U.S.C. 288) is amended to read as follows: “Ruth L. Kirschstein National Research Service Awards”. (c) Any reference in any law (other than this Act), regulation, document, record, map, or other paper of the United States to “National Research Service Awards” shall be considered to be a reference to “Ruth L. Kirschstein National Research Service Awards”. Sec. 805. None of the funds provided by this or any other Act may be used to enforce the amendments made by section 166 of the Community Renewal Tax Relief Act of 2000 in Alaska, including the imposition of any penalties. Sec. 806. In the statement of the managers of the committee of conference accompanying the fiscal year 2001 Labor, Health and Human Services, and Education appropriations bill (Public Law 106-554; House Report 106-1033), the provision specifying $464,000 for the Bethel Native Corporation worker demonstration project shall be deemed to read as follows: “for the Alaska CHAR vocational training program, $100,000 and $364,000 for the Yuut Elitnauvriat People’s Learning Center in Bethel, Alaska for vocational training for Alaska Natives”. Sec. 807. Notwithstanding any other provision of law, from September 1 through September 30, 2002, the Secretary of Education may transfer to Program Administration an amount necessary to offset any reduction pursuant to section 803 of this Act but not to exceed $5,000,000 from funds made available in the Department of Education Appropriations Act, 2002, that the Secretary determines are not needed to fully fund all qualified grant applications and would otherwise lapse at the end of fiscal year 2002: Provided, That the Committees on Appropriations of both Houses of Congress are notified at least 15 days in advance of any such transfer. CHAPTER 9 LEGISLATIVE BRANCH HOUSE OF REPRESENTATIVES Salaries and Expenses For an additional amount for salaries and expenses of the House of Representatives, $1,600,000, as follows: Committee Employees Standing Committees, Special and Select For an additional amount for salaries and expenses of standing committees, special and select, authorized by House resolutions, $1,600,000: Provided, That such amount shall remain available for such salaries and expenses until December 31, 2002. JOINT ITEMS Capitol Police Board Capitol Police general expenses For an additional amount for the Capitol Police Board for necessary expenses of the Capitol Police, including computer equipment and services, training, communications, uniforms, weapons, and reimbursement to the Environmental Protection Agency, Hazardous Substance Superfund for additional expenses incurred for anthrax investigations and cleanup actions, $16,100,000, to remain available until expended, to be disbursed by the Capitol Police Board or their delegee. LIBRARY OF CONGRESS Copyright Office salaries and expenses For an additional amount for “Copyright Office, Salaries and expenses”, $7,500,000, to remain available until expended. Sec. 901. Administrative Provisions.— The amount otherwise made available under section 506 of the Supplemental Appropriations Act, 1973 (2 U.S.C. 58) for fiscal year 2002 to any Senator from the Senators’ Official Personnel and Office Expense Account shall be increased by the amount (not in excess of $20,000) which the Senator certifies in a written request to the Secretary of the Senate made not later than September 30, 2002, as being necessary for the payment or reimbursement of expenditures incurred or obligated during fiscal year 2002 that— (1) are otherwise payable from such account, and (2) are directly related to responses to the terrorist attacks of September 11, 2001, or the discovery of anthrax in the Senate complex and the displacement of Senate offices due to such discovery. Sec. 902. (a) Chapter 9 of the Emergency Supplemental Act, 2002 (Public Law 107-117; 115 Stat. 2315), is amended— (1) in section 901(a), by striking “buildings and facilities” and insert “buildings and facilities, subject to the availability of appropriations,”. (b) Section 9 of the Act of July 31, 1946 (40 U.S.C. 212a), is amended by redesignating the subsection (b) added by section 903(c)(2) of the Emergency Supplemental Act, 2002, as subsection (c). (c) The amendment made by this section shall take effect as 40 USC 174b-2. if included in the enactment of the Emergency Supplemental Act, 2002. Sec. 903. (a) Chapter 9 of the Emergency Supplemental Act, 2002 (Public Law 107-117; 115 Stat. 2315), is amended— (1) in section 903(a), by striking “buildings and facilities” and insert “buildings and facilities, subject to the availability of appropriations,”. (b) Section 9 of the Act of July 31, 1946 (40 U.S.C. 212a), is amended by redesignating the subsection (b) added by section 903(c)(2) of the Emergency Supplemental Act, 2002, as subsection (c). (c) The amendment made by this section shall take effect as 40 USC 175a note. if included in the enactment of the Emergency Supplemental Act, 2002. Sec. 904. Nothing in section 1535 of title 31, U.S.C. (commonly referred to as the “Economy Act”), or any other provision of such title may be construed to prevent or restrict the Chief Administrative Officer of the House of Representatives from placing orders under such section during any fiscal year in the same manner and to the same extent as the head of any other major organizational unit with an agency may place orders under such section during a fiscal year. Sec. 905. (a) The Architect of the Capitol is authorized, subject 40 USC 166k. to the availability of appropriations, to acquire (through purchase, lease, or otherwise) buildings and facilities for use as computer backup facilities (and related uses) for offices in the legislative branch. (b) The acquisition of a building or facility under subsection (a) shall be subject to the approval of— (1) the House Office Building Commission, in the case of a building or facility acquired for the use of an office of the House of Representatives; (2) the Committee on Rules and Administration of the Senate, in the case of a building or facility acquired for the use of an office of the Senate; or (3) the House Office Building Commission in the case of a building or facility acquired for the use of any other office in the legislative branch as part of a joint facility with (1) above, or the Committee on Rules and Administration of the Senate, in the case of a building or facility acquired for the use of any other office in the legislative branch as part of a joint facility with (2) above. (c) Any building or facility acquired by the Architect of the Capitol pursuant to subsection (a) shall be a part of the United States Capitol Grounds and shall be subject to the provisions of the Act entitled “An Act to define the area of the United States Capitol Grounds, to regulate the use thereof, and for other purposes”, approved July 31, 1946. (d) This section shall apply with respect to fiscal year 2002 Applicability. and each succeeding fiscal year. Sec. 906. (a) There is hereby established in the Treasury of 40 USC 166l. the United States an account for the Architect of the Capitol to be known as “Capitol Police Buildings and Grounds” (hereinafter in this section referred to as the “account”). (b) Funds in the account shall be used by the Architect of the Capitol for all necessary expenses for the maintenance, care, and operation of buildings and grounds of the United States Capitol Police. (c) This section shall apply with respect to fiscal year 2002 Applicability. and each succeeding fiscal year. Any amounts provided to the Architect of the Capitol prior to the date of the enactment of this Act for the maintenance, care, and operation of buildings of the United States Capitol Police during fiscal year 2002 shall be transferred to the account. Sec. 907. (a) Subject to the approval of the House Office 40 USC 166m. Building Commission and the Senate Committee on Rules and Administration, the Architect of the Capitol is authorized to acquire (through purchase, lease, transfer from another Federal entity, or otherwise) real property, subject to the availability of appropriations and upon approval of an obligation plan by the Committees on Appropriations of the House and Senate, for the use of the United States Capitol Police. (b) Any real property acquired by the Architect of the Capitol pursuant to subsection (a) shall be a part of the United States Capitol Grounds and shall be subject to the provisions of the Act entitled “An Act to define the area of the United States Capitol Grounds, to regulate the use thereof, and for other purposes”, approved July 31, 1946. (c) This section shall apply with respect to fiscal year 2002 and each succeeding fiscal year. CHAPTER 10 DEPARTMENT OF DEFENSE MILITARY CONSTRUCTION Military Construction, Air Force For an additional amount for “Military Construction, Air Force”, $7,250,000, to remain available until September 30, 2006: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount shall be available only to the extent an official budget request that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress: Provided further, That notwithstanding any other provision of law, such funds may be obligated or expended to carry out planning and design and military construction projects not otherwise authorized by law. Military Construction, Defense-wide (including transfer of funds) For an additional amount for “Military Construction, Defensewide”, $21,500,000, to remain available until September 30, 2006: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount shall be available only to the extent an official budget request that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress: Provided further, That notwithstanding any other provision of law, such funds may be obligated or expended to carry out planning and design and military construction projects not otherwise authorized by law. GENERAL PROVISIONS—THIS CHAPTER Sec. 1001. (a) Availability of Amounts for Military Construction Relating to Terrorism.— Amounts made available to the Department of Defense from funds appropriated in this Act may be used to carry out military construction projects, not otherwise authorized by law, that the Secretary of Defense deter mines are necessary to respond to or protect against acts or threatened acts of terrorism. (b) Notice to Congress.— Not later than 15 days before obligating amounts available under subsection (a) for military construction projects referred to in that subsection, the Secretary shall notify the appropriate committees of Congress of the following: (1) the determination to use such amounts for the project; and (2) the estimated cost of the project and the accompanying Form 1391. (c) Appropriate Committees of Congress Defined.— In this section the term “appropriate committees of Congress” has the meaning given that term in section 2801(4) of title 10, United States Code. CHAPTER 11 DEPARTMENT OF TRANSPORTATION Office of the Secretary transportation administrative service center (limitation on obligations) Under this heading in Public Law 107-87, as amended by section 1106 of Public Law 107-117, delete “$116,023,000” and insert “$128,123,000”. Transportation Security Administration (including transfer of funds) For additional amounts for emergency expenses to ensure transportation security, $3,850,200,000, to remain available until expended: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That of the amounts provided under this head, $1,030,000,000 shall, immediately upon enactment of this Act, be transferred to Federal Emergency Management Agency “Disaster Relief” for emergency expenses to respond to the September 11, 2001 terrorist attack on the United States: Provided further, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That of such amount, $480,200,000 shall be available only to the extent an official budget request for a specific dollar amount that includes designation of the entire amount of the request as an emergency requirement as defined in such Act is transmitted by the President to the Congress: Provided further, That of the total amount provided herein, the following amounts are available for obligation only for the specific purposes below: (1) Physical modification of commercial service airports for the purpose of installing checked baggage explosive detection systems, including explosive trace detection systems, $738,000,000; (2) Port security activities, $125,000,000, of which $105,000,000 shall be distributed under the same terms and conditions as provided for under Public Law 107-117 and of which $20,000,000 shall be used for developing and conducting port incident training and exercises; (3) Grants and contracts to enhance security for intercity bus operations, $15,000,000; (4) Grants, contracts and interagency agreements for the purpose of deploying Operation Safe Commerce, $28,000,000; (5) Procurement of air-ground communications systems and devices for the Federal air marshal program, $15,000,000; (6) Grants and contracts for radiation detection system test and evaluation, $4,000,000; (7) Grants to airport authorities for pilot projects to improve airport terminal security, $ 17,000,000; (8) Grants and contracts for security research, development, and pilot projects, $10,000,000; and (9) Replacement of magnetometers at airport passenger screening locations in commercial service airports, $23,000,000: Provided further, That none of the funds in this Act shall be used to recruit or hire personnel into the Transportation Security Administration which would cause the agency to exceed a staffing level of 45,000 full-time permanent positions. United States Coast Guard operating expenses For an additional amount for “Operating Expenses” for emergency expenses for homeland security and other purposes, $200,000,000, to remain available until September 30, 2003: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That of such amount, $11,000,000 shall be available only to the extent an official budget request that includes designation of the $11,000,000 as an emergency requirement as defined in such Act is transmitted by the President to the Congress. acquisition, construction, and improvements For an additional amount for “Acquisition, Construction, and Improvements” for emergency expenses for homeland security and other purposes, $328,000,000, to remain available until September 30, 2004, of which $38,100,000 shall be available to acquire, repair, renovate or improve vessels, small boats and related equipment; $200,000,000 shall be available to acquire new aircraft and increase aviation capability; $27,729,000 shall be available for other equipment; and $62,171,000 shall be for shore facilities and aids to navigation facilities: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That of such amount, $262,000,000 shall be available only to the extent an official budget request that includes designation of the $262,000,000 as an emergency requirement as defined in such Act is transmitted by the President to the Congress. Federal Aviation Administration operations (including transfer of funds) For an additional amount for “Operations”, $42,000,000, for security activities at Federal Aviation Administration facilities: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount shall be available only to the extent an official budget request that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress: Provided further, That an additional $33,000,000 may be derived by transfer from “Facilities and Equipment (Airport and Airway Trust Fund)”. facilities and equipment (airport and airway trust fund) For an additional amount for “Facilities and Equipment”, $7,500,000, to be derived from the Airport and Airway Trust Fund and to remain available until expended: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount shall be available only to the extent an official budget request that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. grants-in-aid for airports (airport and airway trust fund) For an additional amount to enable the Federal Aviation Administrator to compensate airports for the direct costs associated with new, additional, or revised security requirements imposed on airport operators by the Administrator on or after September 11, 2001, notwithstanding any other provision of law, $150,000,000, to be derived from the Airport and Airway Trust Fund and to remain available until expended: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount shall be available only to the extent an official budget request that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. Federal Highway Administration federal-aid highways emergency relief program (highway trust fund) For an additional amount for “Emergency Relief Program”, as authorized by 23 U.S.C. 125, for emergency expenses to respond to the September 11, 2001, terrorist attacks on New York City, $167,000,000 for the State of New York, to be derived from the Highway Trust Fund and to remain available until expended: Provided, That notwithstanding 23 U.S.C. 120(e), the Federal share for any project on a Federal-aid highway related to the New York City terrorist attacks shall be 100 percent: Provided further, That notwithstanding 23 U.S.C. 125(d)(l), the Secretary of Transportation may obligate more than $100,000,000 for those projects: Provided further, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. federal-aid highways (highway trust fund) (rescission) Of the funds apportioned to each state under the programs authorized under sections 1101(a)(1), 1101(a)(2), 1101(a)(3), 1101(a)(4) and 1101(a)(5) of Public Law 105-178, as amended, $320,000,000 are rescinded. federal-aid highways emergency relief program (highway trust fund) For an additional amount for the “Emergency Relief Program”, as authorized by section 125 of title 23, United States Code, $98,000,000, to be derived from the Highway Trust Fund and to remain available until expended: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount shall be available only to the extent that an official budget request, that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. Federal Motor Carrier Safety Administration border enforcement program (highway trust fund) For necessary expenses of the Border Enforcement Program to respond to the September 11, 2001, terrorist attacks on the United States, $19,300,000, to be derived from the Highway Trust Fund, of which $4,200,000 shall be to implement section 1012 of Public Law 107-56 (USA Patriot Act); $10,000,000 shall be for drivers’ license fraud detection and prevention, the northern border safety and security study, and hazardous material security education and outreach; and $5,100,000 shall be for the purposes of coordinating drivers’ license registration and social security number verification: Provided, That in connection with such commercial drivers’ license fraud deterrence projects, the Secretary may enter into such contracts or grants with the American Association of Motor Vehicle Administrators, States, or other persons as the Secretary may so designate to carry out these purposes: Provided further, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. hazardous materials security (highway trust fund) For necessary expenses to implement the hazardous materials safety permit program pursuant to 49 U.S.C. 5109, $5,000,000, to be derived from the Highway Trust Fund and to remain available until expended: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount shall be available only to the extent an official budget request that includes designation of the entire amount of the request as an emergency requirement as defined in such Act is transmitted by the President to the Congress. Federal Railroad Administration grants to the national railroad passenger corporation For an additional amount for the National Railroad Passenger Corporation for expenses to ensure the continuation of rail passenger operations, $205,000,000. Federal Transit Administration capital investment grants For an additional amount for “Capital Investment Grants” for emergency expenses to respond to the September 11, 2001, terrorist attacks in New York City, $1,800,000,000, to remain available until expended to replace, rebuild, or enhance the public transportation systems serving the Borough of Manhattan, New York City, New York: Provided, That the Secretary may use up to 1 percent of this amount for oversight activities: Provided further, That these funds are subject to grant requirements as determined by the Secretary to ensure that eligible projects will improve substantially the mobility of commuters in Lower Manhattan: Provided further, That the Federal share for any project funded from this amount shall be 100 percent: Provided further, That these funds are in addition to any other appropriation available for these purposes: Provided further, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. GENERAL PROVISIONS—THIS CHAPTER Sec. 1101. Notwithstanding any other provision of law, projects and activities designated on pages 82 through 92 of House Report 107-308 shall be eligible for fiscal year 2002 funds made available for the program for which each project or activity is so designated and projects and activities on pages 116 and 117 shall be awarded those grants upon receipt of an application. Sec. 1102. Section 335 of Public Law 107-87 is amended by inserting “and the Transportation Security Administration” after “the Federal Aviation Administration”; by inserting “, aviation security” after “air navigation”, and by inserting “and the TSA for necessary security checkpoints” after the word “facilities”. Sec. 1103. Title II of Division C of Public Law 105-277 is amended by striking “of more than 750 gross registered tons” in each place it appears, and inserting in lieu thereof, “of more than 750 gross registered tons (as measured under chapter 145 of title 46) or 1,900 gross registered tons as measured under chapter 143 of that title)”. Sec. 1104. Section 354 of Public Law 106-346 (114 Stat. 1356A-35) is amended by inserting “or Nail Road” after “Star Landing Road”. Sec. 1105. Notwithstanding any other provision of law, $2,750,000 of amounts made available for “Intelligent Transportation Systems” in Public Law 107-87 and Public Law 106-346 shall be made available for activities authorized under section 5118 of Public Law 105-178. CHAPTER 12 DEPARTMENT OF THE TREASURY Federal Law Enforcement Training Center salaries and expenses For an additional amount for “Salaries and Expenses” for expenses of expanded law enforcement training workload resulting from the September 11, 2001 terrorist attacks against the United States, $15,870,000, to remain available until September 30, 2003: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount shall be available only to the extent that an official budget request, that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. Financial Management Service salaries and expenses (rescission) Of the unobligated balance as of June 30, 2002, of the funds made available for “Financial Management Service, Salaries and Expenses” in chapter 10 of title II of Public Law 107-20, $14,000,000 are rescinded. United States Customs Service salaries and expenses For an additional amount for “Salaries and Expenses”, $39,000,000, to remain available until expended: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount shall be available only to the extent an official budget request that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. Internal Revenue Service information systems (rescission) Of the available balances under this heading, $10,000,000 are rescinded. business systems modernization For an additional amount for “Internal Revenue Service, Business Systems Modernization”, $14,000,000, to remain available until September 30, 2003. Such additional amount may not be obligated until the Internal Revenue Service submits to the Committees on Appropriations, and such Committees approve, a plan for the expenditure of such additional amount that complies with the requirements as specified in clauses (1) through (6) under such heading in Public Law 107-67. United States Secret Service salaries and expenses For an additional amount for “Salaries and Expenses” for expenses related to the September 11, 2001 terrorist attacks against the United States, $28,530,000, to remain available until September 30, 2003: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount shall be available only to the extent that an official budget request, that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. POSTAL SERVICE Payment to the Postal Service Fund For an additional amount for “Payment to the Postal Service Fund” for emergency expenses to enable the Postal Service to protect postal employees and postal customers from exposure to biohazardous material and to sanitize and screen the mail, $87,000,000, to remain available until expended: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE PRESIDENT Office of Administration salaries and expenses For an additional amount for “Salaries and Expenses”, $3,800,000, to remain available until expended: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. Office of Management and Budget salaries and expenses (rescission) Of the funds made available under this heading in Public Law 107-67, $100,000 are rescinded. election administration reform and related expenses (including transfer of funds) For necessary expenses for the implementation of an Act authorizing funds for the improvement of election administration and related expenses, $400,000,000, to remain available until expended: Provided, That such amounts shall not be available for obligation until the enactment of such Act: Provided further, That upon enactment of such Act, the Director of the Office of Management and Budget shall transfer such amounts to the Federal entities authorized by such Act to expend funds for the designated purposes: Provided further, That, within 15 days of such transfers, the Director of the Office of Management and Budget shall notify Congress of the amounts transferred to each authorized Federal entity: Provided further, That the entities to which the amounts are transferred shall use the amounts to carry out the applicable provisions of such Act: Provided further, That the transfer authority provided in this paragraph shall be in addition to any other transfer authority provided in this or any other Act: Provided further, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount shall be available only to the extent that an official budget request, that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. INDEPENDENT AGENCIES Federal Election Commission salaries and expenses For an additional amount for “Salaries and Expenses”, $750,000 for unanticipated costs associated with implementing the Bipartisan Campaign Reform Act. General Services Administration real property activities federal buildings fund For an additional amount for “Federal Buildings Fund” for building security emergency expenses resulting from the September 11, 2001, terrorist attacks on the United States, $21,800,000: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. GENERAL PROVISIONS—THIS CHAPTER Sec. 1201. None of the funds appropriated in this or any other Act may be used to transfer the functions, missions, or activities of the United States Customs Service to the Department of Justice. Sec. 1202. (a) The Federal Law Enforcement Training Center Deadline. may, for a period ending not later than 5 years after the date 42 USC 3771 note. of the enactment of this Act, appoint and maintain a cadre of up to 250 Federal annuitants: (1) without regard to any provision of title 5, United States Code, which might otherwise require the application of competitive hiring procedures; and (2) who shall not be subject to any reduction in pay (for annuity allocable to the period of actual employment) under the provisions of section 8344 or 8468 of such title 5 or similar provision of any other retirement system for employees. A reemployed Federal annuitant as to whom a waiver of reduction under paragraph (2) applies shall not, for any period during which such waiver is in effect, be considered an employee for purposes of subchapter III of chapter 83 or chapter 84 of title 5, United States Code, or such other retirement system (referred to in paragraph (2)) as may apply. (b) No appointment under this section may be made which would result in the displacement of any employee. (c) For purposes of this section— (1) the term “Federal annuitant” means an employee who has retired under the Civil Service Retirement System, the Federal Employees’ Retirement System, or any other retirement system for employees; (2) the term “employee” has the meaning given such term by section 2105 of such title 5; and (3) the counting of Federal annuitants shall be done on a full time equivalent basis. Sec. 1203. Notwithstanding any other provision of law, hereafter, for purposes of section 201(a) of the Federal Property and Administrative Services Act of 1949 (relating to Federal sources of supply, including lodging providers, airlines and other transportation providers), the Eisenhower Exchange Fellowship Program shall be deemed an executive agency for the purposes of carrying out the provisions of 20 U.S.C. 5201, and the employees of and participants in the Eisenhower Exchange Fellowship Program shall be eligible to have access to such sources of supply on the same basis as employees of an executive agency have such access. CHAPTER 13 DEPARTMENT OF VETERANS AFFAIRS Veterans Benefits Administration compensation and pensions For an additional amount for “Compensation and pensions”, $1,100,000,000, to remain available until expended. Veterans Health Administration medical care For an additional amount for “Medical care”, $417,000,000, to remain available until September 30, 2003: Provided, That the funds provided herein be allocated using the VERA methodology: Provided further, That for the purposes of enabling the collection note from third-party insurance carriers for non-service related medical care of veterans, all Department of Veterans Affairs healthcare facilities are hereby certified as Medicare and Medicaid providers and the Centers for Medicare and Medicaid Services within the Department of Health and Human Services shall issue each Department of Veterans Affairs healthcare facility a provider number as soon as practicable after the date of enactment of this Act: Provided further, That nothing in the preceding proviso shall be construed to enable the Department of Veterans Affairs to bill Medicare or Medicaid for any medical services provided by the Veterans Health Administration or to require the Centers for Medicare and Medicaid Services to pay for any medical services provided by the Department of Veterans Affairs: Provided further, That $275,000,000 is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That $275,000,000 shall be available only to the extent that an official budget request, that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Public and Indian Housing housing certificate fund (rescission) Of the unobligated balances remaining from funds appropriated to the Department of Housing and Urban Development under this heading or the heading “Annual contributions for assisted housing” or any other heading for fiscal year 2002 and prior years, $388,500,000 is hereby rescinded: Provided, That this rescission shall apply first to such unobligated balances under this heading or the heading “Annual contributions for assisted housing”: Provided further, That any unobligated balances governed by reallocation provisions under the statute authorizing the program for which the funds were originally appropriated may be available for this rescission subject to the first proviso. Community Planning and Development community development fund For an additional amount for the “Community development fund” for emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, $783,000,000, to remain available until expended: Provided, That the State of New York, in cooperation with the City of New York, shall, through the Lower Manhattan Development Corporation, distribute these funds: Provided further, That such funds may be used for assistance for properties and businesses (including the restoration of utility infrastructure) damaged by, and for economic revitalization directly related to, the terrorist attacks on the United States that occurred on September 11, 2001, in New York City and for reimbursement to the State and City of New York for expenditures incurred from the regular Community Development Block Grant formula allocation used to achieve these same purposes: Provided further, That the State of New York is authorized to provide such assistance to the City of New York: Provided further, That in administering these funds and funds under section 108 of title I of the Housing and Community Development Act of 1974, as amended, used for economic revitalization activities in New York City, the Secretary may waive, or specify alternative requirements for, any provision of any statute or regulation that the Secretary administers in connection with the obligation by the Secretary or the use by the recipient of these funds or guarantees (except for requirements related to fair housing, nondiscrimination, labor standards, and the environment), upon a finding that such waiver is required to facilitate the use of such funds or guarantees: Provided further, That such funds shall not adversely affect the amount of any formula assistance received by the State of New York, New York City, or any categorical application for other Federal assistance: Provided further, That the Secretary shall publish in the Federal Register any waiver of any statute or regulation that the Secretary administers pursuant to title I of the Housing and Community Development Act of 1974, as amended, no later than 5 days before the effective date of such waiver: Provided further, That the Secretary shall notify the Committees on Appropriations on the proposed allocation of any funds and any related waivers pursuant to this section no later than 5 days before such allocation: Provided further, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. The referenced statement of the managers under the heading “Community development block grants” in title II of Public Law 105—276 is deemed to be amended by striking “$250,000 for renovation, accessibility, and asbestos remediation for the Wellstone Neighborhood Center, Wellstone, Missouri” and insert in lieu thereof “$250,000 for the St. Louis Economic Council for design, infrastructure and construction related to the Enterprise CenterWellstone in Wellstone, Missouri”. The referenced statement of the managers under the heading “Community development fund” in title II of Public Law 106—377 is deemed to be amended by striking “$2,000,000 is for the Louisville Community Development Bank for the Louisville Neighborhood Initiative” and inserting “$2,000,000 for neighborhood revitalization activities in Louisville, Kentucky, as follows: $170,000 to the Christian Church Homes of Kentucky for facility upgrades at Chapel House, $500,000 to the Louisville Medical Center Development Corporation for expansion of a research park, $400,000 to the Louisville Science Center for construction of a permanent exhibition, $150,000 to the New Zion Community Development Foundation for renovation of a facility, $400,000 to the Presbyterian Community Center for construction of a facility, $180,000 to the St. Stephen Family Life Center for renovation of a facility, and $200,000 to the United Crescent Hill Ministries for renovation of a facility”. The referenced statement of the managers under the heading “Community development fund” in title II of Public Law 106-377 is deemed to be amended by striking “$1,000,000 for the Community Action Agency of Southern New Mexico, Inc. for construction of a regional food bank and supporting offices” and insert in lieu thereof “$1,000,000 for the Community Action Agency of Southern New Mexico for construction, purchase, or renovation and the equipping of a regional food bank and supporting offices”. The referenced statement of the managers under the heading “Community development fund” in title II of Public Law 107-73 is deemed to be amended by striking “$400,000 to the City of Reading, Pennsylvania for the development of the Morgantown Road Industrial Park on what is currently a brownfields site” and insert in lieu thereof “$400,000 for the City of Reading, Pennsylvania for the development of the American Chain and Cable brownfield site”. The referenced statement of the managers under the heading “Community development fund” in title II of Public Law 107-73 is deemed to be amended by striking “$750,000 for the Smart Start Child Care Center and Expertise School of Las Vegas, Nevada for construction of a child care facility” and insert in lieu thereof “$250,000 for the Smart Start Child Care Center of Las Vegas, Nevada for construction of a child care facility and $500,000 for Expertise, Inc. of Las Vegas, Nevada for job training”. The referenced statement of the managers under the heading “Community development fund” in title II of Public Law 107-73 is deemed to be amended by striking “$3,000,000 for the Louisville Community Development Bank for continuation of the Louisville Neighborhood Initiative” and inserting “$3,000,000 for neighborhood revitalization activities in Louisville, Kentucky, as follows: $250,000 to the Bridgehaven Mental Health Agency for planning and development of a facility, $600,000 to the Cable Life Community Enrichment Corporation for construction of a facility, $350,000 to Catholic Charities for renovation of a facility, $500,000 to the Center for Women and Families for an affordable housing program, $100,000 to the Clifton Cultural Center for renovation of a historic building, $200,000 to Harrods Creek Community Development for construction of a facility, $200,000 to the James Taylor Memorial Home for facility improvements, $600,000 to the Kentucky Art and Craft Foundation for renovation of a facility, and $200,000 to the Shelby Park Neighborhood Association for facility construction”. The referenced statement of the managers under the heading “Community development block grants” in title II of Public Law 106-74 is deemed to be amended with respect to the amount made available for the City of Hollister, California by striking “to the City of Hollister, California for the construction of a new fire station” and inserting “to the Monterey County, California Economic Development Agency for a mobile animal slaughter processing unit”. The unobligated amount appropriated in the third paragraph under the heading “Community development block grants” in chapter 8 of title II of the Emergency Supplemental Act, 2000 (Public Law 106—246; 114 Stat. 565), as subsequently made available under the heading “Community development fund” in chapter 13 of Division A of the Miscellaneous Appropriations Act, 2001 (H.R. 5666 (excluding section 123), 106th Congress, as enacted into law by Public Law 106-554; 114 Stat. 2763D-42), for a grant to the County of Richmond, North Carolina, shall remain available until September 30, 2003, for development and construction of the Richmond County Industrial Park. The referenced statement of the managers under this heading in title II of Public Law 106-377 is deemed to be amended by striking “$300,000 for Upper Darby Township, Pennsylvania to assist residents with homes that are sinking due to soil subsidence” and insert in lieu thereof “$300,000 for Upper Darby Township, Pennsylvania to assist residents with homes that are sinking due to soil subsidence and for the development of a recreation area, including parking, at Shadeland Avenue”. The referenced statement of the managers under this heading in Public Law 107-73 is deemed to be amended by striking “$150,000 to Winchester County, Virginia for the historic restoration of the Winchester County Courthouse” and inserting “$150,000 to Frederick County, Virginia for the historic restoration of the Old Frederick County Courthouse in Winchester, Virginia”. The referenced statement of the managers under this heading in Public Law 107-73 is deemed to be amended with respect to the amount made available for Family Focus by striking “Family Focus” and inserting “the Weissbourd-Holmes Family Focus Center” and by striking “Evansville” and inserting “Evanston”. The referenced statement of the managers under this heading in Public Law 107-73 is deemed to be amended by striking “$100,000 for Morristown Neighborhood House for the infrastructure improvements to the Manahan Village Resident Center Childcare facility in Morristown, New Jersey” and inserting “$100,000 to the Somerset Valley YMCA Childcare Center in Somerset County, New Jersey for capital improvements”. The referenced statement of the managers under this heading in Public Law 107-73 is deemed to be amended by striking “$600,000 to the Reuben Lindh Family Services in Minneapolis, Minnesota for facilities rehabilitation” and inserting in lieu thereof “$350,000 to the Plymouth Christian Youth Center in Minneapolis, Minnesota for facilities rehabilitation and $250,000 to Migizi Communications in Minneapolis, Minnesota to repair and renovate its Family Education Center”. home investment partnerships program (rescission) Of the funds made available under this heading in Public Law 107-73, $50,000,000 are rescinded from the Downpayment Assistance Initiative. Housing Programs rental housing assistance (rescission) The limitation otherwise applicable to the maximum payments that may be required in any fiscal year by all contracts entered into under section 236 of the National Housing Act (12 U.S.C. 1715z—1) is reduced in fiscal year 2002 by not more than $300,000,000 in uncommitted balances of authorizations of contract authority provided for this purpose in appropriations acts: Provided, That up to $300,000,000 of recaptured section 236 budget authority resulting from the prepayment of mortgages subsidized under section 236 of the National Housing Act (12 U.S.C. 1715z-1) shall be rescinded in fiscal year 2002. INDEPENDENT AGENCIES DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health national institute of environmental health sciences For an additional amount for “National Institute of Environmental Health Sciences”, $8,000,000, to remain available until September 30, 2003, to carry out activities set forth in section 311(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, and section 126(g) of the Superfund Amendments and Reauthorization Act of 1986 in response to the September 11, 2001, terrorist attacks on the United States: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount shall be available only to the extent an official budget request that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. Agency for Toxic Substances and Disease Registry toxic substances and environmental public health For an additional amount for “Toxic substances and environmental public health”, $11,300,000, to remain available until September 30, 2003, of which $1,800,000 is for additional expenses incurred in response to the September 11, 2001, terrorist attacks on the United States, and of which $9,500,000 is to enhance the States’ capacity to respond to chemical terrorism events: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balance Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount shall be available only to the extent an official budget request that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. Environmental Protection Agency science and technology For an additional amount for “Science and technology”, $50,000,000, to remain available until September 30, 2003: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount shall be available only to the extent an official budget request that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. environmental programs and management (transfer of funds) Of the amount appropriated under this heading in title III of Public Law 107-73 to develop engineering plans for addressing the wastewater infrastructure needs in Rosman, North Carolina as identified in project number 67, $400,000 shall be transferred to the “State and tribal assistance grants” account to remain available until expended for grants for wastewater and sewer infrastructure improvements in the Town of Rosman, North Carolina. state and tribal assistance grants The referenced statement of the managers under this heading in Public Law 106-377 is deemed to be amended by striking everything after “$1,000,000” in reference to item 91 and inserting “to the Northern Kentucky Area Development District for Carroll County Wastewater Infrastructure Project ($500,000), City of Owenton Water Collection and Treatment System Improvements and Freshwater Intake Project ($400,000), Grant County Williamstown Lake Expansion Project ($50,000), and Pendleton County Williamstown Lake Expansion Project ($50,000)”. The referenced statement of the managers under this heading in Public Law 107-73 is deemed to be amended by striking everything after “for” in reference to item number 202 and inserting “storm water infrastructure improvements”. Grants appropriated under this heading in Public Law 107-73 for drinking water infrastructure needs in the New York City watershed shall be awarded under section 1443(d) of the Safe Drinking Water Act, as amended. The referenced statement of the managers under this heading in Public Law 106-377 is deemed to be amended by striking everything after “$2,000,000” in reference to item number 168 and inserting “for the Town of Wallace, North Carolina for a regional wastewater infrastructure improvement project ($1,000,000), and for the Town of Cary, North Carolina for wastewater infrastructure improvements including the treatment of biosolids ($1,000,000).”. The referenced statement of managers under this heading in Public Law 107–73 is deemed to be amended in item 19 by inserting the words “water and” after the word “for”. The referenced statement of the managers under this heading in Public Law 107-73 is deemed to be amended by striking everything after “sewer” in reference to item number 183 and inserting “and drinking water upgrade project in Anaconda, Montana”. The referenced statement of the managers under this heading in Public Law 107-73 is deemed to be amended by striking “the City of Florence, Montana” in reference to item number 184 and inserting “the Florence County Water and Sewer District”. Federal Emergency Management Agency disaster relief For an additional amount for “Disaster relief” for emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States in carrying out the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), and the Federal Fire Prevention and Control Act of 1974, as amended (15 U.S.C. 2201 et seq.), $2,650,700,000, to remain available until expended: Provided, That in administering the Mortgage and Rental Assistance Program for victims of September 11, 2001, the Federal Emergency Management Agency will recognize those people who were either directly employed in the Borough of Manhattan or had at least 75 percent of their wages coming from business conducted within the Borough of Manhattan as eligible for assistance under the program, as they were directly impacted by the terrorist attacks: Provided further, That FEMA shall provide compensation to previously denied Mortgage and Rental Assistance Program applicants who would qualify under these new guidelines: Provided further, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. disaster assistance for unmet needs For an additional amount for “Disaster assistance for unmet needs”, $23,200,000, to remain available until September 30, 2004, for use by the Director of the Federal Emergency Management Agency (Director) only for disaster relief, long-term recovery, and mitigation in communities affected by Presidentially-declared natural disasters designated during fiscal year 2002, only to the extent funds are not made available for those activities by the Federal Emergency Management Agency (under its “Disaster relief’ program) or the Small Business Administration: Provided, That in administering these funds the Director shall allocate these funds to States to be administered by each State in conjunction with its Federal Emergency Management Agency Disaster Relief program: Provided further, That each State shall provide not less than 25 percent in non-Federal public matching funds or its equivalent value (other than administrative costs) for any funds allocated to the State under this heading: Provided further, That the Director shall allocate these funds based on the unmet needs arising from a Presidentially-declared disaster as identified by the Director as those which have not or will not be addressed by other Federal disaster assistance programs and for which it is deemed appropriate to supplement the efforts and available resources of States, local governments and disaster relief organizations: Provided further, That the Director shall establish review groups within the Federal Emergency Management Agency to review each request by a State of its unmet needs and certify as to the actual costs associated with the unmet needs as well as the commitment and ability of each State to provide its match requirement: Provided further, That the Director shall publish a notice in the Federal Register governing the allocation and use of the funds under this heading, including provisions for ensuring the compliance of the States with the requirements of this program: Provided further, That 10 days prior to distribution of funds, the Director shall submit a list to the House and Senate Committees on Appropriations setting forth the proposed uses of funds and the most recent estimates of unmet needs: Provided further, That the Director shall submit quarterly reports to said Committees regarding the actual projects and needs for which funds have been provided under this heading: Provided further, That to the extent any funds under this heading are used in a manner inconsistent with the requirements of the program established under this heading and rules issued pursuant thereto, the Director shall recapture an equivalent amount of funds from the State from any existing funds or future funds awarded to the State under this heading or any other program administered by the Federal Emergency Management Agency: Provided further, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount shall be available only to the extent an official budget request, that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. emergency management planning and assistance For an additional amount for “Emergency management planning and assistance” for emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, $447,200,000, to remain available until September 30, 2003, of which $150,000,000 is for programs as authorized by section 33 of the Federal Fire Prevention and Control Act of 1974, as amended (15 U.S.C. 2201 et seq.); $54,200,000 for the existing national urban search and rescue system; and $50,000,000 for interoperable communications equipment: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That $221,800,000 shall be available only to the extent an official budget request, that includes designation of the $221,800,000 as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. cerro grande fire claims For an additional amount for “Cerro Grande fire claims”, $61,000,000 for claims resulting from the Cerro Grande fires, to remain available until September 30, 2003: Provided, That up to 5 percent of the amount made available under this heading may be used for administrative costs: Provided further, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount shall be available only to the extent an official budget request that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. National Science Foundation education and human resources For an additional amount for “Education and human resources” for emergency expenses to respond to emergent needs in cyber security, $19,300,000, to remain available until September 30, 2003: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. GENERAL PROVISIONS—THIS CHAPTER Sec.1301. Notwithstanding the first paragraph of the item in title II of Public Law 107-73 relating to “Federal housing administration, Mutual mortgage insurance program account”, during fiscal year 2002, commitments to guarantee loans to carry out the purposes of section 203(b) of the National Housing Act shall not exceed a loan principal of $165,000,000,000. Sec.1302. Notwithstanding the first paragraph of the item in title II of Public Law 107-73 related to “Federal housing adminis tration, General and special risk program account”, any amounts made available for fiscal year 2002 for the cost of guaranteed loans, as authorized by sections 238 and 519 of the National Housing Act (12 U.S.C. 1715z-3 and 1735c), including the cost of loan guarantee modifications (as that term is defined in section 502 of the Congressional Budget Act of 1974), shall be available to subsidize total loan principal, any part of which is to be guaranteed, of up to $23,000,000,000. Sec.1303. The Secretary of Housing and Urban Development 12 USC 1710 note. shall begin to enter into new agreements and contracts pursuant to the Asset Control Area Demonstration Program as provided Contracts. in section 602 of Public Law 105—276 not later than September 15, 2002: Provided, That any agreement or contract entered into pursuant to such program shall be consistent with the requirements of such section 602: Provided further, That the Department shall Regulations. develop proposed regulations for this program not later than September Deadline. 15, 2002. Sec.1304. The Secretary of Housing and Urban Development Reports. shall submit a report every 90 days to the House and Senate Committees on Appropriations on the status of any multifamily housing project (including all hospitals and nursing homes) insured under the National Housing Act that has been in default for longer than 60 days. The report shall include the location of the property, the reason for the default, and all actions taken by the Secretary and owner with regard to the default, including any work-out agreements, the status and terms of any assistance or loans, and any transfer of an ownership interest in the property (including any assistance or loans made to the prior, current or intended owner of the property or to the local unit of government in which the property is located). The initial report shall be submitted no later Deadline. than September 16, 2002. Sec.1305. For purposes of facilitating the sale of Stafford Apartments (FHA Project No: 052-44163) for use as student housing— (1) the Secretary of Housing and Urban Development shall Effective date. renew the section 8 contract that was associated with such property and that expired during fiscal year 2001 at rent levels not to exceed market rents as determined by the Secretary, subject to annual operating cost adjustment factor increases, and subject to such other conditions as the Secretary may determine appropriate, and the renewal of such contract shall be deemed to have taken effect as of October 1, 2001; (2) prior to sale of this property for student housing, any funds remaining in the property’s residual receipts and reserve for replacement accounts shall be used in connection with the relocation of tenants under this section, and any remaining amounts shall be returned to the Secretary; (3) subject to the concurrence by the Secretary with the relocation plan for current tenants, the payment in full of mortgages on this property insured pursuant to sections 236(j) and 241(a) of the National Housing Act and the resultant termination of the insurance contracts associated with those mortgages, the payment in full of the loan on this property made pursuant to section 201 of the Housing and Community Development Amendments of 1978, and, as of the date of sale, the termination of any assistance under section 236(0(2) of the National Housing Act and section 8 of the United States Housing Act of 1937 and the return to the Secretary of any such assistance that has not been expended, such property may be sold for use as student housing, notwithstanding any federal use restrictions required pursuant to section 201 of the Housing and Community Development Amendments of 1978 (12 U.S.C. 1715z-1a) and section 250 of the National Housing Act (12 U.S.C. 1715z-15); (4) upon the concurrence by the Secretary of such relocation plan and the sale of such property for use as student housing, all of the tenants of such property shall be relocated and shall receive, subject to the availability of funds, tenant-based assistance under section 8(o) of the United States Housing Act of 1937, notwithstanding any rights of such tenants to elect to remain in such property pursuant to section 8(t) of such Act (42 U.S.C. 1437f(t)) or to receive enhanced voucher assistance under such section; and (5) the provisions of this section shall only remain effective for 24 months from the date of enactment of this section. CHAPTER 14 GENERAL PROVISIONS Sec.1401. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. Sec.1402. Notwithstanding any other provision of law, all adjustments made pursuant to section 251(b)(1)(B) of the Balanced Budget and Emergency Deficit Control Act of 1985 to the highway category and to section 8103(a)(5) of the Transportation Equity Act for the 21st Century for fiscal year 2003 shall be deemed to be zero. This section shall apply immediately to all reports issued pursuant to section 254 of the Balanced Budget and Emergency Deficit Control Act of 1985 for fiscal year 2003, including the discretionary sequester preview report. federal administrative and travel expenses (rescissions) Sec.1403. (a) Of the funds available to the agencies of the Federal Government from prior Appropriations Acts, $350,000,000 are hereby rescinded: Provided, That rescissions pursuant to this subsection shall be taken only from administrative and travel accounts: Provided further, That rescissions shall be taken on a pro rata basis from funds available to every Federal agency, department, and office in the executive branch, including the Office of the President. (b) Within 30 days after the date of the enactment of this Records. Act, the Director of the Office of Management and Budget shall submit to the Committees on Appropriations of the House of Representatives and the Senate a listing of the amounts by account of the reductions made pursuant to the provisions of subsection (a) of this section: Provided, That the Office of Management and Budget shall also include with such listing an explanation of the methodology used to identify the offices, accounts, and amounts to be reduced. Sec.1404. Any amount appropriated in this Act for which availability is made contingent by a provision of this Act on designation by the President as an emergency requirement pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985 shall not be available for obligation unless all such contingent amounts are designated by the President, within 30 days of enactment of this Act, as such emergency requirements.

9. 2002

   Pub. L. 107–206 title I · 116 Stat. 820

   Redesignated · 2 U.S.C. § 1961(c)

   Pub. L. 107–206 redesignated subsec. (b) relating to buildings or facilities acquired by the Chief Administrative Officer of the House of Representatives as (c)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 107–206 redesignated subsec. (b) relating to buildings or facilities acquired by the Chief Administrative Officer of the House of Representatives as (c).

   Enacted provision · exact public law
   TITLE I— SUPPLEMENTAL APPROPRIATIONS CHAPTER 1 DEPARTMENT OF AGRICULTURE Office of the Secretary (including transfers of funds) For an additional amount for “Office of the Secretary”, $18,000,000, to remain available until expended: Provided, That the Secretary shall transfer these funds to the Agricultural Research Service, the Animal and Plant Health Inspection Service, the Agricultural Marketing Service, and/or the Food Safety and Inspection Service: Provided further, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount shall be available only to the extent an official budget request that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. Agricultural Research Service salaries and expenses For an additional amount for “Salaries and Expenses”, $8,000,000, to remain available until September 30, 2003: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount shall be available only to the extent an official budget request that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. buildings and facilities For an additional amount for “Buildings and Facilities”, $25,000,000, to remain available until expended. Cooperative State Research, Education, and Extension Service extension activities For an additional amount for “Extension Activities”, $6,000,000, to remain available until September 30, 2003: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount shall be available only to the extent an official budget request that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. Animal and Plant Health Inspection Service salaries and expenses For an additional amount for “Salaries and Expenses”, $33,000,000, to remain available until September 30, 2003: Provided, That this amount shall include assistance in State efforts to prevent and control transmissible spongiform encephalopathy, including chronic wasting disease and scrapie, in farmed and free-ranging animals: Provided further, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount shall be available only to the extent an official budget request that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. Food Safety and Inspection Service For an additional amount for “Food Safety and Inspection Service”, $13,000,000, to remain available until September 30, 2003: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount shall be available only to the extent an official budget request that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. Natural Resources Conservation Service watershed and flood prevention operations For an additional amount for “Watershed and Flood Prevention Operations”, for emergency recovery operations, $144,000,000, to remain available until expended: Provided, That of this amount, $50,000,000 is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That $50,000,000 shall be available only to the extent an official budget request, that includes designation of $50,000,000 as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. Rural Development rural community advancement program For an additional amount for “Rural Community Advancement Program” for emergency purposes for grants and loans as authorized by 7 U.S.C. 381E(d)(2), 306(a)(14), and 306C, $20,000,000, with up to $5,000,000 for contracting with qualified organization(s) to conduct vulnerability assessments for rural community water systems, to remain available until expended: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount shall be available only to the extent an official budget request that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. Rural Utilities Service local television loan guarantee program account (including rescission) Of funds made available under this heading for the cost of guaranteed loans, including the cost of modifying loans as defined in section 502 of the Congressional Budget Act of 1974, $20,000,000 are rescinded. For an additional amount for “Local Television Loan Guarantee Program Account”, $8,000,000, to remain available until expended. Food and Nutrition Service special supplemental nutrition program for women, infants, and children (wic) For an additional amount for “Special Supplemental Nutrition Program for Women, Infants, and Children (WIC)”, $75,000,000, to remain available until September 30, 2003: Provided, That of the amounts provided under this heading, the Secretary shall allocate funds, notwithstanding section 17(i) of the Child Nutrition Act of 1966, as amended, in the manner and under a formula the Secretary deems necessary to respond to caseload requirements. food stamp program (rescission) Of funds which may be reserved by the Secretary for allocation to State agencies under section 16(h)(1) of the Food Stamp Act of 1977 to carry out the Employment and Training program, $24,000,000 are rescinded and returned to the Treasury. DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration salaries and expenses For an additional amount for “Food and Drug Administration, Salaries and Expenses”, $17,000,000, to remain available until expended: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of such Act: Provided further, That the entire amount shall be available only to the extent an official budget request, that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. GENERAL PROVISIONS—THIS CHAPTER Sec. 101. Of the funds made available for the Export Enhancement Program, pursuant to section 301(e) of the Agricultural Trade Act of 1978, as amended by Public Law 104-127, not more than $33,000,000 shall be available in fiscal year 2002. Sec. 102. Assistance To Agricultural Producers Who Have Used Water For Irrigation From the Rio Grande—. (a) In General.— The Secretary of Agriculture shall use $10,000,000 of the funds of the Commodity Credit Corporation to make a grant to the State of Texas, acting through the Texas Department of Agriculture, to provide assistance to agricultural producers in the State of Texas with farming operations along the Rio Grande who have suffered economic losses during the 2001 crop year due to the failure of Mexico to deliver water to the United States in accordance with the Treaty Relating to the Utilization of Waters of the Colorado and Tijuana Rivers and of the Rio Grande, and Supplementary Protocol signed November 14, 1944, signed at Washington on February 3, 1944 (59 Stat. 1219; TS 944). (b) amount.— The amount of assistance provided to individual agricultural producers under this section shall be proportional to the amount of actual losses described in subsection (a) that were incurred by the producers. Sec. 103. Not later than 14 days after the date of enactment Deadline. of this Act, the Secretary of Agriculture shall carry out the transfer 42 USC 2211 note. of funds under section 2507(a) of the Food Security and Rural Investment Act of 2002 (Public Law 107-171). Sec. 104. (a) Rescission.— The unobligated balances of authority available under section 2108(a) of Public Law 107-20 are rescinded prior to the end of fiscal year 2002. (b) Appropriation.— There is appropriated to the Secretary of Agriculture an amount equal to the unobligated balance rescinded by subsection (a) for expenses through fiscal year 2003 under the Agricultural Trade Development and Assistance Act of 1954, as amended (7 U.S.C. 1721-1726a) for commodities supplied in connection with dispositions abroad pursuant to title II of said Act. Sec. 105. Section 416(b)(7)(D)(iv) of the Agricultural Act of 1949 (7 U.S.C. 1431(b)(7)(D)(iv)) is amended by striking “subsection.” and inserting in lieu thereof the following: “subsection, or to otherwise carry out the purposes of this subsection.”. Sec. 106. Notwithstanding any other provision of law and effective on the date of enactment of this Act, the Secretary may use an amount not to exceed $12,000,000 from the amounts appropriated under the heading “Food Safety and Inspection Service” under the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2001 (Public Law 106-387) to liquidate over-obligations and overexpenditures of the Food Safety and Inspection Service incurred during previous fiscal years, approved by the Director of the Office of Management and Budget based on documentation provided by the Secretary of Agriculture. CHAPTER 2 DEPARTMENT OF JUSTICE General Administration salaries and expenses For an additional amount for “Salaries and Expenses” for expenses resulting from the September 11, 2001, terrorist attacks, $6,750,000: Provided, That such sums as are necessary shall be derived from the Working Capital Fund for the development, testing, and deployment of a standards-based, integrated, interoperable computer system for the Immigration and Naturalization Service (“Chimera system”), to be managed by Justice Management Division: Provided further, That of the amounts made available under this heading, $1,000,000 shall only be for the Entry Exit System, to be managed by the Justice Management Division: Provided further, That none of the funds appropriated in this Act, or in Public Law 107-117, for the Immigration and Naturalization Service’s Entry Exit System may be obligated until the INS submits a plan for expenditure that: (1) meets the capital planning and investment control review requirements established by the Office of Management and Budget, including OMB Circular A-11, part 3; (2) complies with the acquisition rules, requirements, guidelines, and systems acquisition management practices of the Federal Government; (3) is reviewed by the General Accounting Office; and (4) has been approved by the Committees on Appropriations: Provided further, That funds provided under this heading shall only be available for obligation and expenditure in accordance with the procedures applicable to reprogramming notifications set forth in section 605 of Public Law 107–77: Provided further, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That $1,000,000 shall be available only to the extent an official budget request that includes designation of the $1,000,000 as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. salaries and expenses, united states attorneys (rescission) Of the amounts made available under this heading in Public Law 107-77, $7,000,000 are rescinded. salaries and expenses, united states marshals service For an additional amount for “Salaries and Expenses” for emergency expenses resulting from the September 11, 2001, terrorist attacks, $37,900,000, to remain available until expended: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount shall be available only to the extent that an official budget request, that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. federal prisoner detention (rescission) Of the amounts made available under this heading in Public Law 107-77, $30,000,000 are rescinded. assets forfeiture fund (rescission) Of the unobligated balances available under this heading, $5,000,000 are rescinded. Federal Bureau of Investigation salaries and expenses For an additional amount for “Salaries and Expenses” for emergency expenses resulting from the September 11, 2001, terrorist attacks, $175,000,000, to remain available until September 30, 2004: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That $165,000,000 shall be available only to the extent that an official budget request that includes designation of the $165,000,000 as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. Immigration and Naturalization Service salaries and expenses enforcement and border affairs For an additional amount for “Salaries and Expenses, Enforcement and Border Affairs" for emergency expenses resulting from the September 11, 2001, terrorist attacks, $81,250,000, to remain available until expended, of which $25,000,000 shall only be available for fleet management: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That $46,250,000 shall be available only to the extent that an official budget request that includes designation of the $46,250,000 as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. construction For an additional amount for “Construction” for emergency expenses resulting from the September 11, 2001, terrorist attacks, $32,100,000, to remain available until expended: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount shall be available only to the extent an official budget request that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. Federal Prison System buildings and facilities (rescission) Of the amounts made available under this heading in Public Law 107-77 for buildings and facilities, $5,000,000 are rescinded. Office of Justice Programs justice assistance (including rescission) For an additional amount for “Justice Assistance” for grants, cooperative agreements, and other assistance authorized by sections 819 and 821 of the Anti-terrorism and Effective Death Penalty Act of 1996 and section 1014 of the USA PATRIOT Act (Public Law 107-56) and for other counter-terrorism programs, including first responder training and equipment to respond to acts of terrorism, including incidents involving weapons of mass destruction or chemical or biological weapons, $151,300,000, to remain available until expended: Provided, That no funds under this heading shall be used to duplicate the Federal Emergency Management Agency Fire Grant program: Provided further, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount shall be available only to the extent an official budget request that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. Of the amounts made available under this heading for the Office of the Assistant Attorney General for Office of Justice Programs, $600,000 are rescinded. community oriented policing services For an amount to establish the Community Oriented Policing Services’ Interoperable Communications Technology Program in consultation with the Office of Science and Technology within the National Institute of Justice, and the Bureau of Justice Assistance, for emergency expenses for activities related to combating terrorism by providing grants to States and localities to improve communications within, and among, law enforcement agencies, $50,000,000, to remain available until expended: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount shall be available only to the extent an official budget request that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. DEPARTMENT OF COMMERCE AND RELATED AGENCIES RELATED AGENCIES Office of the United States Trade Representative salaries and expenses For an additional amount for “Salaries and Expenses” for emergency expenses for increased security requirements, $1,100,000, to remain available until expended: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount shall be available only to the extent that an official budget request, that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. DEPARTMENT OF COMMERCE Bureau of the Census periodic censuses and programs (rescission) Of the amounts made available under this heading in prior fiscal years, excepting funds designated for the Suitland Federal Center, $11,300,000 are rescinded. National Institute of Standards and Technology scientific and technical research and services For an additional amount for “Scientific and Technical Research and Services” for emergency expenses resulting from new homeland security activities and increased security requirements, $37,100,000, of which $20,000,000 is for a cyber-security initiative: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That $33,100,000 shall be available only to the extent an official budget request that includes designation of the $33,100,000 as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. National Oceanic and Atmospheric Administration operations, research, and facilities (including rescission) For an additional amount for “Operations, Research, and Facilities” for emergency expenses resulting from homeland security Activities, $4,800,000, of which $2,000,000 is to address critical mapping and charting backlog requirements and $2,800,000 is for backup capability for National Oceanic and Atmospheric Administration critical satellite products and services, to remain available until September 30, 2003: Provided, That $2,800,000 is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That $2,800,000 shall be available only to the extent an official budget request that includes designation of the $2,800,000 as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. Of the unobligated balances remaining under this heading as provided by section 817 of Public Law 106-78, $8,100,000 are rescinded. procurement, acquisition and construction For an additional amount for “Procurement, Acquisition and Construction” for emergency expenses resulting from homeland security activities, $7,200,000 for a supercomputer backup, to remain available until September 30, 2003: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount shall be available only to the extent an official budget request that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. fisheries finance program account Funds provided under the heading, “Fisheries Finance Program Account” for the direct loan program authorized by the Merchant Marine Act of 1936, as amended, are available to subsidize gross obligations for the principal amount of direct loans not to exceed $5,000,000 for Individual Fishing Quota loans, and not to exceed $19,000,000 for Traditional loans. Departmental Management salaries and expenses For an additional amount for “Salaries and Expenses” for emergency expenses resulting from new homeland security activities, $400,000: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. THE JUDICIARY Supreme Court of the United States care of the building and grounds For an additional amount for “Care of the Building and Grounds” for emergency expenses for security upgrades and renovations of the Supreme Court building, $10,000,000, to remain available until expended: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. Courts of Appeals, District Courts, and Other Judicial Services salaries and expenses For an additional amount for “Salaries and Expenses” for emergency expenses to enhance security and to provide for extraordinary costs related to terrorist trials, $7,115,000, to remain available until expended: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That $3,972,000 shall be available only to the extent that an official budget request that includes designation of the $3,972,000 as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. DEPARTMENT OF STATE AND RELATED AGENCY DEPARTMENT OF STATE Administration of Foreign Affairs diplomatic and consular programs For an additional amount for “Diplomatic and Consular Programs”, for emergency expenses for activities related to combating international terrorism, $47,450,000, to remain available until September 30, 2003: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. educational and cultural exchange programs For an additional amount for “Educational and Cultural Exchange Programs”, for emergency expenses for activities related to combating international terrorism, $15,000,000, to remain available until expended: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That $5,000,000 shall be available only to the extent an official budget request that includes designation of the $5,000,000 as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. embassy security, construction, and maintenance For an additional amount for “Embassy Security, Construction, and Maintenance”, for emergency expenses for activities related to combating international terrorism, $210,516,000, to remain available until expended: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That $10,000,000 shall be available only to the extent an official budget request that includes designation of the $10,000,000 as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. International Organizations and Conferences contributions to international organizations For an additional amount for “Contributions to International Organizations”, for emergency expenses for activities related to combating international terrorism, $7,000,000, to remain available until September 30, 2003: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. contributions for international peacekeeping activities For an additional amount for “Contributions for International Peacekeeping Activities” to make United States peacekeeping payments to the United Nations at a time of multilateral cooperation in the war on terrorism, $23,034,000: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. RELATED AGENCY Broadcasting Board of Governors international broadcasting operations For an additional amount for “International Broadcasting Operations”, for emergency expenses for activities related to combating international terrorism, $7,400,000, to remain available until September 30, 2003: Provided, That funds appropriated by this paragraph shall be available notwithstanding sections 308(c) and 313 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995: Provided further, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. broadcasting capital improvements For an additional amount for “Broadcasting Capital Improvements” for emergency expenses for activities related to combating international terrorism, $7,700,000, to remain available until expended: Provided, That funds appropriated by this paragraph shall be available notwithstanding section 313 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995. RELATED AGENCIES DEPARTMENT OF TRANSPORTATION Maritime Administration maritime guaranteed loan (title xi) program account (rescission) Of the unobligated balances available under this heading, $5,000,000 are rescinded. Securities and Exchange Commission salaries and expenses For an additional amount for “Salaries and Expenses” to respond to increased needs for enforcement and oversight of corporate finance, $30,900,000 from fees collected in fiscal year 2002, to remain available until expended. In addition, for an additional amount for “Salaries and Expenses” for emergency expenses resulting from the September 11, 2001, terrorist attacks, $9,300,000, to remain available until expended: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount shall be available only to the extent an official budget request that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. GENERAL PROVISIONS—THIS CHAPTER Sec. 201. Funds appropriated by this Act for the Broadcasting Board of Governors and the Department of State may be obligated and expended notwithstanding section 15 of the State Department Basic Authorities Act of 1956, as amended. Sec. 202. Section 286(e)(3) of the Immigration and Nationality Act (8 U.S.C. 1356(e)(3)) is amended— (1) by striking “is authorized to” and inserting “shall”; and (2) by striking “authorization” and inserting “requirement”. Sec. 203. (a) (1) During fiscal year 2002 and each succeeding fiscal year, notwithstanding any provision of the Federal Rules of Criminal Procedure to the contrary, in order to permit victims of crimes associated with the terrorist acts of September 11, 2001, to watch trial proceedings in the criminal case against Zacarias Moussaoui, the trial court in that case shall order, subject to paragraph (3) and subsection (b), closed circuit televising of the trial proceedings to convenient locations the trial court determines are reasonably necessary, for viewing by those victims. (2) (A) As used in this section and subject to subparagraph (B), the term “victims of crimes associated with the terrorist acts of September 11, 2001” means individuals who— (i) suffered direct physical harm as a result of the terrorist acts that occurred in New York, Pennsylvania and Virginia on September 11, 2001 (hereafter in this section “terrorist acts”) and were present at the scene of the terrorist acts when they occurred, or immediately thereafter; or (ii) are the spouse, legal guardian, parent, child, brother, or sister of, or who as determined by the court have a relationship of similar significance to, an individual described in subparagraph (A)(i), if the latter individual is under 18 years of age, incompetent, incapacitated, has a serious injury, or disability that requires assistance of another person for mobility, or is deceased. (B) The term defined in paragraph (A) shall not apply to an individual who participated or conspired in one or more of the terrorist acts. (3) Nothing in this section shall be construed to eliminate or limit the district court’s discretion to control the manner, circumstances, or availability of the broadcast where necessary to control the courtroom or protect the integrity of the trial proceedings or the safety of the trial participants. The district court’s exercise of such discretion shall be entitled to substantial deference. (b) Except as provided in subsection (a), the terms and restrictions of section 235(b), (c), (d) and (e) of the Antiterrorism and Effective Death Penalty Act of 1996 (42 U.S.C. 10608(b), (c), (d), and (e)), shall apply to the televising of trial proceedings under this section. Sec. 204. Title II of Public Law 107-77 is amended in the second undesignated paragraph under the heading “Department of Commerce, National Institute of Standards and Technology, Industrial Technology Services” by striking “not to exceed $60,700,000 shall be available for the award of new grants” and inserting “not less than $60,700,000 shall be used before October 1, 2002 for the award of new grants”. Sec. 205. None of the funds appropriated or otherwise made available by this Act or any other Act may be used to implement, enforce, or otherwise abide by the Memorandum of Agreement signed by the Federal Trade Commission and the Antitrust Division of the Department of Justice on March 5, 2002. Sec. 206. Public Law 106-256 is amended in section 3(f)(1) by striking “within 18 months of the establishment of the Commission” and inserting “by June 20, 2003”. Sec. 207. The American Section, International Joint Commission, United States and Canada, is authorized to receive funds from the United States Army Corps of Engineers for the purposes of conducting investigations, undertaking studies, and preparing reports in connection with a reference to the International Joint Commission on the Devils Lake project mentioned in Public Law 106-377. Sec. 208. Section 282(a)(2)(D) of the Agricultural Marketing Act of 1946 is amended to read as follows: “(D) in the case of wild fish, is— “(i) harvested in the United States, a territory of the United States, or a State, or by a vessel that is documented under chapter 121 of title 46, United States Code, or registered in the United States; and “(ii) processed in the United States, a territory of the United States, or a State, including the waters thereof, or aboard a vessel that is documented under chapter 121 of title 46, United States Code, or reg istered in the United States; and”. Sec. 209. Of the amounts appropriated in Public Law 107–77, under the heading “Department of Commerce, National Oceanic and Atmospheric Administration, Operations, Research, and Facilities”, for coral reef programs, $2,500,000, for a cooperative agreement with the National Defense Center of Excellence for Research in Ocean Sciences to conduct coral mapping in the waters of the Hawaiian Islands and the surrounding Exclusive Economic Zone in accordance with the mapping implementation strategy of the United States Coral Reef Task Force. Sec. 210. In addition to amounts appropriated or otherwise made available by this Act or any other Act, $11,000,000 is appropriated to enable the Secretary of Commerce to provide economic assistance to fishermen and fishing communities affected by Federal closures and fishing restrictions in the New England groundfish fishery, to remain available until September 30, 2003. Sec. 211. In addition to amounts appropriated or otherwise made available by this Act or any other Act, $5,000,000 shall be provided for a National Oceanic and Atmospheric Administration cooperative research program in Massachusetts, New Hampshire, Maine and Rhode Island, to remain available until expended: Provided, That of this amount $500,000 shall be for the cost of a reduction loan as authorized under sections 1111 and 1112 of title XI of the Merchant Marine Act, 1936, (46 U.S.C. App. 1279g) to carry out a New England groundfish fishing capacity reduction program under section 312(b) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1861a(b)) that shall— (1) permanently revoke all fishery licenses, fishery permits, area and species endorsements, and any other fishery privileges issued to a vessel or vessels (or to persons on the basis of their operation or ownership of that vessel or vessels) removed under the program; and (2) ensure that vessels removed under the program are made permanently ineligible to participate in any fishery worldwide, and that the owners of such vessels will operate only under the United States flag or be scrapped as a reduction vessel pursuant to section 600.1011(c) of title 50, Code of Federal Regulations. Sec. 212. Of the amounts appropriated in Public Law 107-77, under the heading “Department of Commerce, National Oceanic and Atmospheric Administration, Operations, Research, and Facilities”, for Oregon groundfish cooperative research, $500,000 shall be for the cost of a reduction loan as authorized under sections 1111 and 1112 of title XI of the Merchant Marine Act, 1936 (46 U.S.C. App. 1279f and 1279g) to carry out a West Coast groundfish fishing capacity reduction program under section 312(b) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1861a(b)) that shall— (1) permanently revoke all fishery licenses, fishery permits, area and species endorsements, and any other fishery privileges issued to a vessel or vessels (or to persons on the basis of their operation or ownership of that vessel or vessels) removed under the program; and (2) ensure that vessels removed under the program are made permanently ineligible to participate in any fishery worldwide, and that the owners of such vessels will operate only under the United States flag or be scrapped as a reduction vessel pursuant to section 600.1011(c) of title 50, Code of Federal Regulations. Sec. 213. Amounts appropriated by title V of Public Law 107-77 under the heading “NATIONAL Veterans Business Development Corporation” (115 Stat. 795) shall remain available until expended. CHAPTER 3 DEPARTMENT OF DEFENSE MILITARY PERSONNEL Military Personnel, Air Force For an additional amount for “Military Personnel, Air Force”, $206,000,000: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. OPERATION AND MAINTENANCE Operation and Maintenance, Army For an additional amount for “Operation and Maintenance, Army”, $209,000,000, to remain available for obligation until September 30, 2003: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 25l(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That $102,000,000 shall be available only to the extent that an official budget request, that includes designation of $102,000,000 as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. Operation and Maintenance, Navy For an additional amount for “Operation and Maintenance, Navy”, $48,750,000, to remain available for obligation until September 30, 2003: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That $12,250,000 shall be available only to the extent that an official budget request, that includes designation of $12,250,000 as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. Operation and Maintenance, Air Force For an additional amount for “Operation and Maintenance, Air Force”, $65,510,000, to remain available for obligation until September 30, 2003: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That $24,510,000 shall be available only to the extent that an official budget request, that includes designation of $24,510,000 as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. Operation and Maintenance, Defense-Wide For an additional amount for “Operation and Maintenance, DefenseWide”, $721,975,000, to remain available for obligation until September 30, 2003, of which $390,000,000 may be used, notwithstanding any other provision of law, for payments to reimburse Pakistan, Jordan, and other key cooperating nations for logistical and military support provided to United States military operations in connection with the Global War on Terrorism: Provided, That such payments may be made in such amounts as the Secretary may determine in his discretion, based on documentation determined by the Secretary to adequately account for the support provided, in consultation with the Director of the Office of Management and Budget and 15 days following notification to the appropriate Congressional committees: Provided further, That such determination shall be final and conclusive upon the accounting officers of the United States: Provided further, That amounts for such payments shall be in addition to any other funds that may be available for such purpose: Provided further, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. Defense Emergency Response Fund (including transfer of funds) For an additional amount for the “Defense Emergency Response Fund”, $11,901,900,000, to remain available for obligation until September 30, 2003, of which $77,900,000 shall be available for enhancements to North American Air Defense Command capabilities: Provided, That the Secretary of Defense may transfer the funds provided herein only to appropriations for military personnel; operation and maintenance; procurement; research, development, test and evaluation; the Defense Health Program; Overseas Humanitarian, Disaster, and Civic Aid; and working capital funds: Provided further, That notwithstanding the preceding proviso, $120,000,000 of the funds provided in this paragraph are available for transfer to any other appropriations accounts of the Department of Defense, for certain classified activities, and notwithstanding any other provision of law and of this Act, such funds may be obligated to carry out projects not otherwise authorized by law: Provided further, That any funds transferred shall be merged with and shall be available for the same purposes and for the same time period as the appropriation to which transferred: Provided further, That the transfer authority provided in this paragraph is in addition to any other transfer authority available to the Department of Defense: Provided further, That upon a determination that all or part of the funds transferred from this appropriation are not necessary for the purposes provided herein, such amounts may be transferred back to this appropriation: Provided further, That during the current fiscal year, upon a determination by the Secretary of Defense that funds previously made available to the “Defense Emergency Response Fund” are required to meet other essential operational or readiness requirements of the military services, the Secretary may transfer up to $275,000,000 of funds so required to the appropriate funds or appropriations of the Department of Defense, 15 days after notification to the congressional defense committees: Provided further, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That $601,900,000 shall be available only to the extent that an official budget request that includes designation of $601,900,000 as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. PROCUREMENT Other Procurement, Army For an additional amount for “Other Procurement, Army”, $79,200,000, to remain available for obligation until September 30, 2004: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 25l(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. Aircraft Procurement, Navy For an additional amount for “Aircraft Procurement, Navy”, $22,800,000, to remain available for obligation until September 30, 2004: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. Procurement of Ammunition, Navy and Marine Corps For an additional amount for “Procurement of Ammunition, Navy and Marine Corps”, $262,000,000, to remain available for obligation until September 30, 2004: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. Other Procurement, Navy For an additional amount for “Other Procurement, Navy”, $2,500,000, to remain available for obligation until September 30, 2004: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. Procurement, Marine Corps For an additional amount for “Procurement, Marine Corps”, $3,500,000, to remain available for obligation until September 30, 2004: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. Aircraft Procurement, Air Force For an additional amount for “Aircraft Procurement, Air Force”, $118,000,000, to remain available for obligation until September 30, 2004: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That $25,000,000 shall be available only to the extent that an official budget request, that includes designation of $25,000,000 as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. Procurement of Ammunition, Air force For an additional amount for “Procurement of Ammunition, Air Force”, $115,000,000, to remain available for obligation until September 30, 2004: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. Other Procurement, Air Force For an additional amount for “Other Procurement, Air Force”, $747,840,000, to remain available for obligation until September 30, 2004: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. Procurement, Defense-Wide For an additional amount for “Procurement, Defense-Wide”, $104,425,000, to remain available for obligation until September 30, 2004: Provided, That funds may be used to purchase two vehicles required for physical security of personnel, notwithstanding price limitations applicable to passenger vehicles, but not to exceed $175,000 per vehicle: Provided further, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That $4,925,000 shall be available only to the extent an official budget request, that includes designation of $4,925,000 as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. RESEARCH, DEVELOPMENT, TEST AND EVALUATION Research, Development, Test and Evaluation, Army For an additional amount for “Research, Development, Test and Evaluation, Army”, $8,200,000, to remain available for obligation until September 30, 2003: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. Research, Development, Test and Evaluation, Navy For an additional amount for “Research, Development, Test and Evaluation, Navy”, $9,000,000, to remain available for obligation until September 30, 2003: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. Research, Development, Test and Evaluation, Air Force For an additional amount for “Research, Development, Test and Evaluation, Air Force”, $198,400,000, to remain available for obligation until September 30, 2003: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That $137,600,000 shall be available only to the extent that an official budget request, that includes designation of $137,600,000 as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. Research, Development, Test and Evaluation, Defense-Wide For an additional amount for “Research, Development, Test and Evaluation, Defense-Wide”, $67,000,000, to remain available for obligation until September 30, 2003: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. GENERAL PROVISIONS—THIS CHAPTER Sec. 301. (a) The appropriation under the heading “Research, Development, Test and Evaluation, Navy” in the Department of Defense Appropriations Act, 2002 (Public Law 107-117) is amended 115 Stat. 2243. by adding the following proviso immediately after “September 30, 2003”: “: Provided, That funds appropriated in this paragraph which are available for the V-22 may be used to meet unique requirements of the Special Operations Forces”. (b) The amendment made by subsection (a) shall be effective Effective date. as if enacted as part of the Department of Defense Appropriations Act, 2002. Sec. 302. During the current fiscal year, the restrictions con tained in subsection (d) of 22 U.S.C. 5952 and section 502 of the Freedom Support Act (Public Law 102-511) shall not apply if the President certifies in writing to the Speaker of the House of Representatives and the President pro tempore of the Senate that waiving such restrictions is important to the national security interests of the United States. Sec. 303. Funds appropriated by this Act, or made available by the transfer of funds in this Act, for intelligence activities are deemed to be specifically authorized by the Congress for purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 414): Provided, That any funds appropriated or transferred to the Central Intelligence Agency for agent operations or covert action programs authorized by the President under section 503 of the National Security Act of 1947, as amended, shall remain available until September 30, 2003. Sec. 304. (a) Funds appropriated to the Department of Defense for fiscal year 2002 for operation and maintenance under the heading “Chemical Agents and Munitions Destruction, Army”, may be used to pay for additional costs of international inspectors from the Technical Secretariat of the Organization for the Prohibition of Chemical Weapons, pursuant to Articles IV and V of the Chemical Weapons Convention, for inspections and monitoring of Department of Defense sites and commercial sites that perform services under contract to the Department of Defense, resulting from the Department of Defense’s program to accelerate its chemical demilitarization schedule. (b) Expenses which may be paid under subsection (a) include— (1) salary costs for performance of inspection and monitoring duties; (2) travel, including travel to and from the point of entry into the United States and internal United States travel; (3) per diem, not to exceed United Nations rates and in compliance with United Nations conditions for per diem for that organization; and (4) expenses for operation and maintenance of inspection and monitoring equipment. Sec. 305. (a) (1) In fiscal year 2002, funds available to the Department of Defense for assistance to the Government of Colombia shall be available to support a unified campaign against narcotics trafficking, against activities by organizations designated as terrorist organizations such as the Revolutionary Armed Forces of Colombia (FARC), the National Liberation Army (ELN), and the United Self-Defense Forces of Colombia (AUC), and to take actions to protect human health and welfare in emergency circumstances, including undertaking rescue operations. (2) The provision shall also apply to unexpired balances and assistance previously provided from prior years’ Acts available for purposes identified in subsection (a)(1). (3) The authority in this section is in addition to authorities currently available to provide assistance to Colombia. (b) The authorities provided in subsection (a) shall not be exercised until the Secretary of Defense certifies to the Congress that the provisions of section 601(b) of this Act have been complied with. (c) Sections 556, 567, and 568 of Public Law 107-115, section 8093 of the Department of Defense Appropriations Act, 2002, and the numerical limitations on the number of United States military personnel and United States individual civilian contractors in section 3204(b)(1) of Public Law 106—246, as amended, shall be applicable to funds made available pursuant to the authority contained in subsection (a). (d) No United States Armed Forces personnel or United States civilian contractor employed by the United States will participate in any combat operation in connection with assistance made available under this chapter, except for the purpose of acting in self defense or rescuing any United States citizen to include United States Armed Forces personnel, United States civilian employees, and civilian contractors employed by the United States. Sec. 306. In addition to amounts appropriated or otherwise made available elsewhere in this Act for the Department of Defense or in the Department of Defense and Emergency Supplemental Appropriations for Recovery from and Response to Terrorist Attacks on the United States Act, 2002 (Public Law 107-117), $75,000,000, to remain available until September 30, 2003, is hereby appropriated to the Department of Defense under the heading “Chemical Agents and Munitions Destruction, Army” for Research, development, test and evaluation, for the purpose of accelerating chemical agent destruction at Department of Defense facilities: Provided, That the entire amount made available in this section is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount shall be available only to the extent that an official budget request, that includes designation of the entire amount as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. Sec. 307. (rescissions) Of the funds available in Department of Defense Appropriations Acts or otherwise available to the Department of Defense, the following funds are hereby rescinded, from the following accounts in the specified amounts: “Other Procurement, Air Force”, 2001/2003, $12,500,000; “Missile Procurement, Air Force”, 2002/2004, $11,600,000; “Other Procurement, Air Force”, 2002/2004, $52,500,000; “Procurement, Defense-Wide”, 2002/2004, $30,000,000; and “Research, Development, Test and Evaluation, Air Force”, 2002/2003, $56,500,000. Sec. 308. During the current fiscal year and hereafter, section 10 USC 2401a note.. 2533a of title 10, United States Code, shall not apply to any transaction entered into to acquire or sustain aircraft under the authority of section 8159 of the Department of Defense Appropriations Act, 2002 (division A of Public Law 107-117; 115 Stat. 2284). Sec. 309. The Secretary of the Army shall obligate and expend the $2,000,000 appropriated for the Army by Public Law 107-117 for procurement of smokeless nitrocellulose under Activity 1, instead of under Activity 2, Production Base Support Industrial Facilities, for the purpose of preserving a commercially owned and operated capability of producing defense grade nitrocellulose at the rate of at least 10,000,000 pounds per year in order to preserve a commercial manufacturing capability for munitions precursor sup plies for the High Zone Modular Artillery Charge System and to preserve competition in that manufacturing capability. Sec. 310. Not later than 15 days after the date of the enactment Deadline. of this Act, the Secretary of Defense shall obligate, from funds made available in title II of division A of Public Law 107-117 under the heading “Operation and Maintenance, Defense-Wide” (115 Stat. 2233), $4,000,000 for a grant to support the conversion of the Naval Security Group, Winter Harbor (the naval base on Schoodic Peninsula), Maine, to utilization as a research and education center for Acadia National Park, Maine, including the preparation of a plan for the reutilization of the naval base for such purpose that will benefit communities in the vicinity of the naval base and visitors to Acadia National Park and will stimulate important research and educational activities. Sec. 311. Of the amount available for fiscal year 2002 for the Army National Guard for operation and maintenance, $2,200,000 shall be made available for the Army National Guard for information operations, information assurance operations, and training for such operations. Sec. 312. (rescission) Of the funds provided under the heading, “Emergency Response Fund”, in Public Law 107-38 that were not subject to subsequent enactment and not subject to the restrictions of the fifth proviso of that Act, and subsequently transferred to “Defense Emergency Response Fund”, $224,000,000 of unobligated amounts are hereby rescinded. Sec. 313. (rescission) Of the unobligated funds available in titles III and IV of the Department of Defense Appropriations Act, 2002, $226,000,000, reflecting savings from revised economic assumptions, shall be rescinded within 15 days of enactment of this Act: Provided, That this reduction shall be applied on a pro-rata basis to each appropriations account in said titles, and to each line item, program element, project, subproject, and activity within each such account. CHAPTER 4 DISTRICT OF COLUMBIA FEDERAL FUNDS Federal Payment to the Children’S National Medical Center For a Federal payment to the Children’s National Medical Center in the District of Columbia for implementing the District Emergency Operations Plan, $10,000,000, to remain available until September 30, 2003, of which $8,000,000 shall be for the expansion of quarantine facilities, and $2,000,000 shall be for the establishment of a decontamination facility for children and families: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount shall be available only to the extent an official budget request that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. Federal Payment to the District of Columbia For a Federal payment to the District of Columbia to implement the District Emergency Operations Plan, $23,000,000, to remain available until December 1, 2003, of which $12,000,000 is for public safety expenses related to security events in the District of Columbia: Provided, That the Chief Financial Officer of the District of Columbia shall provide a report, within 15 days of an expenditure, to the Committees on Appropriations of the House of Representatives and Senate, detailing any expenditure of these funds: Provided further, That $5,000,000 is for the Unified Communications Center: Provided further, That $6,000,000 is for the construction of containment facilities and other activities to support the regional Bioterrorism Hospital Preparedness Program at the Washington Hospital Center: Provided further, That beginning October 1, 2002, the Chief Financial Officer of the Washington Hospital Center shall provide quarterly reports to the Committees on Appropriations of the House of Representatives and Senate, detailing the expenditure of these funds: Provided further, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount shall be available only to the extent an official budget request that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. Federal Payment to the Washington Metropolitan Area Transit Authority For a Federal payment to the Washington Metropolitan Area Transit Authority, $8,000,000, to remain available until September 30, 2003, to contribute to the creation of a regional transportation back-up operations control center: Provided, That the General Manager of the Washington Metropolitan Area Transit Authority shall submit a plan for the future financing of a regional transportation back-up operations control center no later than February 5, 2003 to the Committees on Appropriations of the House of Representatives and Senate: Provided further, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount shall be available only to the extent an official budget request that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. Federal Payment to the Metropolitan Washington Council of Governments For a Federal payment to the Metropolitan Washington Council of Governments, $1,750,000, to remain available until September 30, 2003, for support of the Regional Incident Communication and Coordination System, as approved by the Council: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 25l(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount shall be available only to the extent an official budget request that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. Federal Payment to the Water and Sewer Authority of the District of Columbia For a Federal payment to the Water and Sewer Authority of the District of Columbia for emergency preparedness, $1,250,000, to remain available until September 30, 2003, for remote monitoring of water quality: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount shall be available only to the extent an official budget request that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. Federal Payment for Family Court Act (including rescission) Of the funds appropriated under this heading in the District of Columbia Appropriations Act, 2002 (Public Law 107-96; 115 Stat. 929), $700,000 made available for the Mayor of the District of Columbia are rescinded. For a Federal payment to the Mayor of the District of Columbia for carrying out the District of Columbia Family Court Act of 2001, $700,000, to remain available until September 30, 2003, of which $200,000 shall be for completion of a plan by the Mayor on integrating the computer systems of the District of Columbia government with the Family Court of the Superior Court of the District of Columbia: Provided, That $500,000 of such amount provided to the Mayor shall be for the Child and Family Services Agency to be used for social workers to implement Family Court reform: Provided further, That the availability of these funds shall be subject to the reporting and availability requirements under this heading in the District of Columbia Appropriations Act, 2002 (Public Law 107-96; 115 Stat. 929). DISTRICT OF COLUMBIA FUNDS OPERATING EXPENSES Division of Expenses The following amounts are appropriated for the District of Columbia for the current fiscal year out of the general fund of the District of Columbia. For public safety expenses related to security events in the District of Columbia, $12,000,000, to remain available until December 1, 2003. For construction of containment facilities and other activities to support the regional Bioterrorism Hospital Preparedness Program at the Washington Hospital Center, $6,000,000, to remain available until December 1, 2003. For the Unified Communications Center, $5,000,000, to remain available until December 1, 2003. For carrying out the District of Columbia Family Court Act of 2001, $700,000, to remain available until September 30, 2003. Governmental Direction and Support The paragraph under this heading in the District of Columbia Appropriations Act, 2002 (Public Law 107-96; 115 Stat. 933) is amended by striking: “Provided further, That not less than $353,000 shall be available to the Office of the Corporation Counsel to support increases in the Attorney Retention Allowance:” and inserting: “Provided further, That not less than $353,000 shall be available to the Office of the Corporation Counsel to support attorney compensation consistent with performance measures contained in a negotiated collective bargaining agreement:”. Public Safety and Justice (rescission) Notwithstanding any other provision of law, of the local funds appropriated under this heading to the Department of Corrections for support of the Corrections Information Council in the District of Columbia Appropriations Act, 2002 (Public Law 107-96; 115 Stat. 935), $100,000 are rescinded. Corrections Information Council For operations of the Corrections Information Council, $100,000 from local funds. Public Education System (rescission) Notwithstanding any other provision of law, of the local funds appropriated under this heading for public charter schools for the fiscal year ending September 30, 2002, in the District of Columbia Appropriations Act, 2002 (Public Law 107-96; 115 Stat. 935), $37,000,000 are rescinded. Human Support Services For an additional amount for “Human Support Services”, $37,000,000 from local funds: Provided, That $11,000,000 shall be for the Child and Family Services Agency to address increased adoption case rates, higher case loads for adoption and emergency group home utilization: Provided further, That $26,000,000 shall be for the Department of Mental Health to address a Medicaid revenue shortfall. Repayment of Loans and Interest (rescission) Of the funds appropriated under this heading in the District of Columbia Appropriations Act, 2002 (Public Law 107-96; 115 Stat. 940), $7,950,000 are rescinded. Certificates of Participation For principal and interest payments on the District’s Certificates of Participation, issued to finance the One Judiciary Square ground lease underlying the building located at One Judiciary Square, $7,950,000 from local funds. ENTERPRISE AND OTHER FUNDS Water and Sewer Authority The following amounts are appropriated for the District of Columbia for the current fiscal year out of the general fund of the District of Columbia. For remote monitoring of water quality, $1,250,000, to remain available until September 30, 2003. GENERAL PROVISIONS—THIS CHAPTER Sec. 401. The District of Columbia may use up to 1 percent of the funds appropriated to the District of Columbia under the Emergency Supplemental Act, 2002 (Public Law 107-117; 115 Stat. 2230), to fund the administrative costs that are needed to fulfill the purposes of that Act. The District may use these funds for this purpose as of January 10, 2002. Sec. 402. Section 16(d)(2) of the Victims of Violent Crime Compensation Act of 1996 (sec. 4-515(d)(2), D.C. Official Code), as amended by the District of Columbia Appropriations Act, 2002 (Public Law 107-96; 115 Stat. 928) is amended to read as follows: “(2) 50 percent of such balance shall be transferred from the Fund to the Mayor and shall be used without fiscal year limitation for outreach activities designed to increase the number of crime victims who apply for such direct compensation payments.”. Sec. 403. (a) Notwithstanding any other provision of law, the positive fund balance of the general fund of the District government which remained at the end of fiscal year 2000 (as reflected in the complete financial statement and report on the activities of the District government for such fiscal year under section 448(a)(4) of the District of Columbia Home Rule Act) shall be used during fiscal year 2002 to provide the minimum balances required for fiscal year 2002 for the emergency reserve fund under section 450A of the District of Columbia Home Rule Act and the contingency reserve fund under section 450B of such Act. (b) To the extent that the amount of the positive fund balance described in subsection (a) exceeds the amount required to provide the minimum balances in the reserve funds described in such subsection, the District government shall use the excess amount— (1) to address potential deficits in the budget of the District government for fiscal year 2002, subject to the same conditions applicable under section 202(j)(3) of the District of Columbia Financial Responsibility and Management Assistance Act of 1995 to the obligation and expenditure of the budget reserve and cumulative cash reserve under such section; or (2) if the Chief Financial Officer of the District of Columbia certifies that the excess amount is available and is not required to address potential deficits in the budget of the District government for fiscal year 2002, for Pay-As-You-Go Capital Funds. (c) To the extent that the excess amount described in subsection (b) is used to address potential deficits in the budget of the District government for fiscal year 2002, such amount shall remain available until expended. (d) (1) The item relating to “District of Columbia Funds—Operating Expenses—Repayment of Loans and Interest” in the District of Columbia Appropriations Act, 2002 (Public Law 107-96; 115 Stat. 940) is amended by striking “That any funds set aside” and all that follows through “That for equipment leases,” and inserting “That for equipment leases,”. (2) Section 159(c) of the District of Columbia Appropriations Act, 2001 (Public Law 106-522; 114 Stat. 2482), as amended by section 133(c) of the District of Columbia Appropriations Act, 2002 (Public Law 107-96; 115 Stat. 956) is amended by striking paragraph (3). Sec. 404. The Chief Financial Officer of the Washington Metropolitan Area Transit Authority may use up to $2,400,000 from funds appropriated under Public Law 107-117 under the account, “Federal Payment to the Washington Metropolitan Area Transit Authority”, that contains funds for protective clothing and breathing apparatus activities, for employee and facility security and completion of the fiber optic network project. Sec. 405. The District of Columbia Courts may expend up to $3,000,000 to carry out the District of Columbia Family Court Act of 2001 from the “Federal Payment to the District of Columbia Courts” account: Provided, That such funds may be transferred to the “Federal Payment to the District of Columbia Courts” account from the “Federal Payment for Family Court Act” account in reimbursement for such obligations and expenditures as are necessary to implement the District of Columbia Family Court Act of 2001 for the period from October 1, 2001 to September 30, 2002, once funds in the “Federal Payment for Family Court Act” account become available. Sec. 406. Section ll-908A(b)(4) of the District of Columbia Code (as added by Public Law 107-114) is amended by striking 115 Stat. 2101. “section 11-1501(b)” and inserting “section 433 of the District of Columbia Home Rule Act”. Sec. 407. (a) Under the heading, “Federal Payment to the Thurgood Marshall Academy Charter School” provided under Public Law 107-96, strike “Anacostia” and insert “Southeast, Washington, 115 Stat. 932. D.C.”. (b) Under the heading, “Federal Payment to Southeastern University” provided under Public Law 107-96, strike everything 115 Stat. 925. after “a public/private partnership” and insert in lieu thereof, “to plan a two year associate degree program.”. Sec. 408. Section 119 of the District of Columbia Appropriations Act, 2002 (Public Law 107-96; 115 Stat. 950) is amended as follows: (1) In the heading, by inserting “and Other Funds” after “Grants”. (2) In subsection (a), by inserting “and other funds” after “other grants”. (3) By amending subsection (b) to read as follows: “(b) Requirements.— “(1) Chief financial officer report and council approval for grants..— “(A) No such Federal, private, or other grant may be accepted, obligated, or expended pursuant to subsection (a) until— “(i) the Chief Financial Officer of the District of Columbia submits to the Council a report setting forth detailed information regarding such grant; and “(ii) the Council has reviewed and approved the acceptance, obligation, and expenditure of such grant. “(B) For purposes of subparagraph (A)(ii), the Council shall be deemed to have reviewed and approved the acceptance, obligation, and expenditure of a grant if— “(i) no written notice of disapproval is filed with the Secretary of the Council within 14 calendar days of the receipt of the report from the Chief Financial Officer under subparagraph (A)(i); or “(ii) if such a notice of disapproval is filed within such deadline, the Council does not by resolution disapprove the acceptance, obligation, or expenditure of the grant within 30 calendar days of the initial receipt of the report from the Chief Financial Officer under subparagraph (A)(i). “(2) Certification of chief financial officer and notification of committees for other funds.— No funds which are not grants may be accepted, obligated, or expended pursuant to subsection (a)— “(A) unless the Chief Financial Officer of the District of Columbia certifies that the funds are available and are not required to address potential deficits; and “(B) until the expiration of the 14-day period which begins on the date the Mayor notifies the Committees on Appropriations of the House of Representatives and Senate of the acceptance, obligation, and expenditure of such funds.”. (4) In subsection (c)— (A) by striking “under subsection (b)(2) of this section” and inserting “or other funds under this section”; (B) by inserting “or other funds” after “or other grant”; and (C) by striking “such paragraph” and inserting “this section”. (5) In subsection (d), by inserting “and other funds” after “and other grants”. Sec. 409. Effective June 30, 2002, the authority which the Chief Financial Officer of the District of Columbia exercised with respect to personnel, procurement, and the preparation of fiscal impact statements during a control period (as defined in Public Law 104-8) shall remain in effect through July 1, 2003 or until such time as the District of Columbia Fiscal Integrity Act becomes effective, whichever occurs sooner. CHAPTER 5 DEPARTMENT OF DEFENSE—CIVIL Department of the Army Corps of Engineers—Civil Operation and Maintenance, General For an additional amount for “Operation and Maintenance, General” for emergency expenses, $108,200,000, to remain available until September 30, 2003: Provided, That the entire amount shall be available only to the extent an official budget request that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress: Provided further, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That funds made available under this heading in this Act and in Public Law 107-117 may be used to fund measures and activities undertaken by the Secretary of the Army, acting through the Chief of Engineers, to protect and secure any infrastructure owned or operated by, or on behalf of, the U.S. Army Corps of Engineers, including administrative buildings and facilities; and, in addition, $32,000,000, to remain available until expended: Provided, That using the funds appropriated herein, the Secretary of the Army, acting through the Chief of Engineers, is directed to repair, restore, and clean-up Corps’ projects and facilities and dredge navigation channels, restore and clean out area streams, provide emergency streambank protection, restore other crucial public infrastructure (including sewer and water facilities), document flood impacts and undertake other flood recovery efforts deemed necessary and advisable by the Chief of Engineers: Provided further, That $10,000,000 of the funds provided shall be for Southern West Virginia, Eastern Kentucky, and Southwestern Virginia: Provided further, That the remaining $22,000,000 shall be available for Western Illinois, Southern Indiana, Eastern Missouri, and the Upper Peninsula of Michigan. DEPARTMENT OF THE INTERIOR Bureau of Reclamation water and related resources For an additional amount for “Water and Related Resources”, $7,000,000, to remain available until expended: Provided, That $3,000,000 is for the drilling of emergency wells in Santa Fe, New Mexico: Provided further, That $4,000,000 is to be used for the lease of up to 38,000 acre-feet of emergency water for the Rio Grande in New Mexico, in compliance with the existing biological opinion. DEPARTMENT OF ENERGY ENERGY PROGRAMS Science For an additional amount for “Science” for emergency expenses necessary to support safeguards and security activities, $24,000,000: Provided, That the entire amount shall be available only to the extent an official budget request that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress: Provided further, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. ATOMIC ENERGY DEFENSE ACTIVITIES National Nuclear Security Administration weapons activities (including rescission) For an additional amount for “Weapons Activities” for emergency expenses, $158,050,000: Provided, That $138,650,000 shall be available only to the extent that an official budget request for $138,650,000 that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress: Provided further, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. Of the funds appropriated under this heading in Public Law 107-66 and prior Energy and Water Development Appropriations Acts, $14,460,000 of unexpended balances are rescinded. defense nuclear nonproliferation For an additional amount for “Defense Nuclear Nonproliferation” for emergency activities necessary to support the safeguarding of nuclear material, $100,000,000, to remain available until December 31, 2002. office of the administrator For an additional amount for “Office of the Administrator” for emergency expenses, $1,750,000: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount shall be available only to the extent an official budget request that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES Defense Environmental Restoration and Waste Management (including rescission) an additional amount for “Defense Environmental Restoration and Waste Management” for emergency expenses necessary to support safeguards and security activities, $56,000,000: Provided, That the entire amount shall be available only to the extent an official budget request that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress: Provided further, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. Of the funds appropriated under this heading in Public Law 107-66 and prior Energy and Water Development Appropriations Acts, $15,540,000 of unexpended balances are rescinded. Defense Facilities Closure Projects For an additional amount for “Defense Facilities Closure Projects” for emergency expenses necessary to support safeguards and security activities, $14,000,000: Provided, That the entire amount shall be available only to the extent an official budget request that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is trans mitted by the President to the Congress: Provided further, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. Other Defense Activities For an additional amount for “Other Defense Activities” for emergency expenses necessary to support energy security and assurance activities, $7,000,000: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. GENERAL PROVISIONS—THIS CHAPTER Sec. 501. The amounts invested by the non-Federal interests in the biomass project at Winona, Mississippi, before the date of enactment of this Act shall constitute full satisfaction of the cost-sharing requirement under section 3002 of the Energy Policy Act of 1992 (42 U.S.C. 13542). Sec. 502. Section 1 of Public Law 105-204 (112 Stat. 681) is amended— (1) in subsection (b), by striking “until the date” and all that follows and inserting “until the date that is 30 days after the date on which the Secretary of Energy awards a contract under subsection (c), and no such amounts shall be available for any purpose except to implement the contract.”; and (2) by striking subsection (c) and inserting the following: “(c) Contracting Requirements..— “(1) In general.— Notwithstanding any other provision of law (except section 1341 of title 31, United States Code), the Secretary of Energy shall— “(A) not later than 10 days after the date of enactment Deadlines. of this paragraph, request offerors whose proposals in response to Request for Proposals No. DE-RP05-010R22717 (‘Acquisition of Facilities and Services for Depleted Uranium Hexalfluoride (DUF6) Conversion Project’) were included in the competitive range as of January 15, 2002, to confirm or reinstate the offers in accordance with this paragraph, with a deadline for offerors to deliver reinstatement or confirmation to the Secretary of Energy not later than 20 days after the date of enactment of this paragraph; and “(B) not later than 30 days after the date of enactment of this paragraph, select for award of a contract the best value of proposals confirmed or reinstated under subparagraph (A), and award a contract for the scope of work stated in the Request for Proposals, including the design, construction, and operation of— “(i) a facility described in subsection (a) on the site of the gaseous diffusion plant at Paducah, Kentucky; and “(ii) a facility described in subsection (a) on the site of the gaseous diffusion plant at Portsmouth, Ohio. “(2) Contract terms.— Notwithstanding any other provision of law (except section 1341 of title 31, United States Code) the Secretary of Energy shall negotiate with the awardee to modify the contract awarded under paragraph (1) to— “(A) require, as a mandatory item, that groundbreaking for construction occur not later than July 31, 2004, and that construction proceed expeditiously thereafter; “(B) include as an item of performance the transportation, conversion, and disposition of depleted uranium contained in cylinders located at the Oak Ridge K-25 uranium enrichment facility located in the East Tennessee Technology Park at Oak Ridge, Tennessee, consistent with environmental agreements between the State of Tennessee and the Secretary of Energy; and “(C) specify that the contractor shall not proceed to perform any part of the contract unless sufficient funds have been appropriated, in advance, specifically to pay for that part of the contract. “(3) Certification of groundbreaking.— Not later than 5 days after the date of groundbreaking for each facility, the Secretary of Energy shall submit to Congress a certification that groundbreaking has occurred. “(d) Funding.— “(1) In general.— For purposes of carrying out this section, the Secretary of Energy may use any available appropriations (including transferred unobligated balances). “(2) Authorization of appropriations.— There are authorized to be appropriated, in addition to any funds made available under paragraph (1), such sums as are necessary to carry out this section.”. CHAPTER 6 BILATERAL ECONOMIC ASSISTANCE Funds Appropriated to the President united states agency for international development child survival and health programs fund For an additional amount for “Child Survival and Health Programs Fund” for emergency expenses for activities related to combating HIV/AIDS, tuberculosis, and malaria, $200,000,000, to remain available until June 30, 2003: Provided, That such activities should include maternal health and related assistance in communities heavily impacted by HIV/AIDS: Provided further, That additional assistance should be provided to prevent transmission of HIV/AIDS from mother to child: Provided further, That of the funds appropriated under this heading in this Act, not less than $100,000,000 should be made available for a further United States contribution to the Global Fund to Fight AIDS, Tuberculosis, and Malaria: Provided further, That the cumulative amount of United States contributions to the Global Fund may not exceed the total resources provided by other donors and available for use by the Global Fund as of December 31, 2002: Provided further, That of the funds appropriated under this heading, up to $6,000,000 may be transferred to and merged with funds appropriated by this Act under the heading “Operating Expenses of the United States Agency for International Development” for costs directly related to international health: Provided further, That funds appropriated by this paragraph shall be apportioned to the United States Agency for International Development, and the authority of sections 632(a) or 632(b) of the Foreign Assistance Act of 1961, or any similar provision of law, may not be used to transfer or allocate any part of such funds to any agency of the United States Government: Provided further, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount shall be available only to the extent an official budget request, that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress: Provided further, That the funds appropriated under this heading shall be subject to the regular notification procedures of the Committees on Appropriations. international disaster assistance For an additional amount for “International Disaster Assistance” for emergency expenses for activities related to combating international terrorism, including repairing homes of Afghan citizens that were damaged as a result of military operations, $134,000,000, to remain available until September 30, 2003. In addition, for an additional amount for “International Disaster Assistance” for assistance for the West Bank and Gaza, $50,000,000, to remain available until September 30, 2003: Provided, That none of the funds appropriated by this Act may be obligated or expended with respect to providing funds to the Palestinian Authority: Provided further, That the entire amount provided under this heading in this Act is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That $144,000,000 shall be available only to the extent an official budget request, that includes designation of $144,000,000, including $50,000,000 for the West Bank and Gaza, as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. operating expenses of the united states agency for international development For an additional amount for “Operating Expenses of the United States Agency for International Development” for emergency expenses for activities related to combating international terrorism, $7,000,000, to remain available until September 30, 2003: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. Other Bilateral Economic Assistance economic support fund For an additional amount for “Economic Support Fund” for emergency expenses for activities related to combating international terrorism, $665,000,000, to remain available until June 30, 2003: Provided, That of the funds appropriated by this paragraph that are made available for assistance for Pakistan, $1,000,000 should be made available for programs and activities which support the development of independent media in Pakistan: Provided further, That of the funds appropriated by this paragraph, $10,000,000 should be made available for the establishment of a pilot academic year international youth exchange program for secondary school students from countries with significant Muslim populations: Provided further, That funds made available pursuant to the previous proviso shall not be available for a country in which a similar academic year youth exchange program is currently funded by the United States: Provided further, That of the funds appropriated by this paragraph, $200,000,000 shall be made available for assistance for Israel, all or a portion of which may be transferred to, and merged with, funds appropriated by this Act under the heading “nonproliferation, anti-terrorism, demining and related programs” for defensive, non-lethal anti-terrorism assistance in accordance with the provisions of chapter 8 of part II of the Foreign Assistance Act of 1961: Provided further, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That $200,000,000 shall be available only to the extent an official budget request, that includes designation of $200,000,000 for Israel as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress: Provided further, That funds appropriated under this heading, and funds appropriated under this heading in prior Acts that are made available for the purposes of this paragraph, may be made available notwithstanding section 512 of Public Law 107-115 or any similar provision of law: Provided further, That the Secretary of State shall inform the Committees on Appropriations at least 15 days prior to the obligation of funds appropriated by this paragraph. assistance for the independent states of the former soviet union For an additional amount for “Assistance for the Independent States of the Former Soviet Union” for emergency expenses for activities related to combating international terrorism, $110,000,000, to remain available until June 30, 2003: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the Secretary of State shall inform the Committees on Appropriations at least 15 days prior to the obligation of funds appropriated by this paragraph. Department of State international narcotics control and law enforcement For an additional amount for “International Narcotics Control and Law Enforcement” for emergency expenses for activities related to combating international terrorism, $117,000,000, to remain available until September 30, 2003: Provided, That funds appropriated under this heading should be made available to train and equip a Colombian Armed Forces unit dedicated to apprehending the leaders of paramilitary organizations: Provided further, That of the funds appropriated by this paragraph, not to exceed $6,000,000 may be made available for assistance for the Colombian Armed Forces for purposes of protecting the Cano Limon pipeline: Provided further, That prior to the obligation of funds under the previous proviso, the Secretary of State shall submit a report to the Committees on Appropriations describing: (1) the estimated oil revenues collected by the Government of Colombia from the Cano Limon pipeline for the preceding 12 months; (2) the amounts expended during such period by the Government of Colombia and private companies owning a financial interest in the pipeline for primary health care, basic education, micro-enterprise and other programs and activities to improve the lives of the people of Arauca department; (3) steps that are being taken to increase and expand support for these programs and activities; and (4) mechanisms that are being established to adequately monitor such funds: Provided further, That of the funds appropriated by this paragraph, not to exceed $4,000,000 should be made available for law enforcement training for Indonesian police forces: Provided further, That the Secretary of State shall inform the Committees on Appropriations at least 15 days prior to the obligation of funds appropriated by this paragraph: Provided further, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That $3,000,000 shall be available only to the extent an official budget request, that includes designation of $3,000,000 as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. migration and refugee assistance For an additional amount for “Migration and Refugee Assistance” for emergency expenses for activities related to combating international terrorism, $40,000,000, to remain available until June 30, 2003: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount shall be available only to the extent an official budget request that includes designation of the entire amount of the request as an emergency requirement as defined of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. nonproliferation, anti-terrorism, demining and related programs For an additional amount for “Nonproliferation, Anti-Terrorism, Demining and Related Programs” for emergency expenses for activities related to combating international terrorism, $88,000,000, to remain available until September 30, 2003: Provided, That of the funds appropriated by this paragraph, not to exceed $12,000,000 should be made available for assistance for Indonesia: Provided further, That of the funds appropriated by this paragraph, up to $1,000,000 may be made available for small arms and light weapons destruction in Afghanistan: Provided further, That of the funds appropriated by this paragraph, up to $1,000,000 may be made available for the Nonproliferation and Disarmament Fund: Provided further, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That $5,000,000 shall be available only to the extent an official budget request, that includes designation of $5,000,000 as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress: Provided further, That funds appropriated by this paragraph shall be subject to the regular notification procedures of the Committees on Appropriations. MILITARY ASSISTANCE Funds Appropriated to the President foreign military financing program For an additional amount for “Foreign Military Financing Program” for emergency expenses for activities related to combating international terrorism, $387,000,000, to remain available until June 30, 2003: Provided, That funds made available by this Act for assistance for the Government of Uzbekistan may be made available if the Secretary of State determines and reports to the Committees on Appropriations that the Government of Uzbekistan is making substantial and continuing progress in meeting its commitments under the “Declaration on the Strategic Partnership and Cooperation Framework Between the Republic of Uzbekistan and the United States of America”: Provided further, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That $30,000,000 shall be available only to the extent an official budget request, that includes designation of $30,000,000 for the Philippines as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress: Provided further, That the Secretary of State shall inform the Committees on Appropriations at least 15 days prior to the obligation of funds appropriated by this paragraph: Provided further, That funds appropriated under this heading, and funds appropriated under this heading in prior Acts that are made available for the purposes of this paragraph, may be made available notwithstanding section 512 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2002 or any similar provision of law: Provided further, That not to exceed $2,000,000 of the funds appropriated in this paragraph may be obligated for necessary expenses, including the purchase of passenger motor vehicles for use outside of the United States, for the general cost of administering military assistance and sales. peacekeeping operations For an additional amount for “Peacekeeping Operations” for emergency expenses for activities related to combating international terrorism, $20,000,000, to remain available until June 30, 2003: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That funds appropriated by this paragraph shall be available only for Afghanistan, and may be made available notwithstanding section 512 of Public Law 107-115 or any similar provision of law. EXPORT AND INVESTMENT ASSISTANCE Export-Import Bank of the United States (rescission) Of the funds appropriated under the heading “Export-Import Bank of the United States” that are available for tied-aid grants in title I of Public Law 107-115 and under such heading in prior Acts making appropriations for foreign operations, export financing, and related programs, $50,000,000 are rescinded. BILATERAL ECONOMIC ASSISTANCE Funds Appropriated to the President (rescission) Of the funds appropriated to carry out the provisions of parts I and II of the Foreign Assistance Act of 1961, the Support for East European Democracy (SEED) Act of 1989, and the FREEDOM Support Act, in title II of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2000 (as contained in Public Law 106-113) and in prior Acts making appropriations for foreign operations, export financing, and related programs, $60,000,000 are rescinded: Provided, That not more than a total of $25,000,000 may be rescinded from funds appropriated under the heading “Development Assistance” in said Acts: Provided further, That no rescission may be made from funds appropriated to carry out the provisions of section 104(c) of the Foreign Assistance Act of 1961. MULTILATERAL ECONOMIC ASSISTANCE Funds Appropriated to the President international financial institutions (rescission) The unobligated balances of funds provided in Public Law 92-301 and Public Law 93-142 for maintenance of value payments to international financial institutions are rescinded. GENERAL PROVISIONS—THIS CHAPTER Sec. 601. (a) Counter-Terrorism Authority.— (1) In fiscal year 2002, funds available to the Department of State for assistance to the Government of Colombia shall be available to support a unified campaign against narcotics trafficking, against activities by organizations designated as terrorist organizations such as the Revolutionary Armed Forces of Colombia (FARC), the National Liberation Army (ELN), and the United Self-Defense Forces of Colombia (AUC), and to take actions to protect human health and welfare in emergency circumstances, including undertaking rescue operations. (2) This provision shall also apply to unexpired balances and assistance previously provided from prior years’ Acts available for the purposes identified in paragraph (1). (3) The authority in this section is in addition to authorities currently available to provide assistance to Colombia. (b) In order to ensure effectiveness of United States support for such a unified campaign, prior to the exercise of the authority contained in subsection (a), the Secretary of State shall report to the Committees on Appropriations that— (1) the newly elected President of Colombia has— (A) committed, in writing, to establish comprehensive policies to combat illicit drug cultivation, manufacturing, and trafficking (particularly with respect to providing economic opportunities that offer viable alternatives to illicit crops) and to restore government authority and respect for human rights in areas under the effective control of paramilitary and guerrilla organizations; (B) committed, in writing, to implement significant budgetary and personnel reforms of the Colombian Armed Forces; and (C) committed, in writing, to support substantial additional Colombian financial and other resources to implement such policies and reforms, particularly to meet the country’s previous commitments under “Plan Colombia”; and (2) no United States Armed Forces personnel or United States civilian contractor employed by the United States will participate in any combat operation in connection with assistance made available for Colombia under this chapter. (c) The authority provided in subsection (a) shall cease to be effective if the Secretary of State has credible evidence that the Colombian Armed Forces are not conducting vigorous operations to restore government authority and respect for human rights in areas under the effective control of paramilitary and guerrilla organizations. (d) Sections 556, 567, and 568 of Public Law 107-115, section 8093 of the Department of Defense Appropriations Act, 2002, and the numerical limitations on the number of United States military personnel and United States individual civilian contractors in section 3204(b)(1) of Public Law 106-246, as amended, shall be applicable to funds made available pursuant to the authority contained in subsection (a). Sec. 602. DONATED SHIPMENT OF HUMANITARIAN ASSISTANCE OVERSEAS During fiscal year 2002, of the amounts made available by the United States Agency for International Development to carry out the provisions of section 123(b) of the Foreign Assistance Act of 1961, funds may be made available to non-governmental organizations for administrative costs necessary to implement a program to obtain available donated space on commercial ships for the shipment of humanitarian assistance overseas. Sec. 603. REPORTS ON AFGHANISTAN SECURITY AND DELIVERY OF ASSISTANCE The President shall transmit to the Committee on President. Appropriations and the Committee on International Relations of the House of Representatives and the Committee on Appropriations and the Committee on Foreign Relations of the Senate two reports setting forth a strategy for meeting the security needs of Afghanistan in order to promote safe and effective delivery of humanitarian and other assistance throughout Afghanistan, further the rule of law and civil order, and support the formation of a functioning, representative Afghan national government. The first report, which Deadline. should be transmitted no later than 30 days after enactment of this Act, should report on the strategy for meeting the immediate security needs of Afghanistan. The second report, which should Deadline. be transmitted no later than 90 days after enactment of this Act, should report on a long term strategy for meeting the security needs of Afghanistan and should include a reassessment of the strategy to meet the immediate security needs if they have changed substantially. CHAPTER 7 DEPARTMENT OF THE INTERIOR Bureau of Land Management management of lands and resources For an additional amount for “Management of Lands and Resources”, $658,000, for emergency security expenses, to remain available until expended: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount shall be available only to the extent an official budget request that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. United States Fish and Wildlife Service resource management For an additional amount for “Resource Management”, $1,038,000, for emergency security expenses, to remain available until expended: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount shall be available only to the extent an official budget request that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. construction For an additional amount for “Construction”, $3,125,000, to remain available until expended, for facility and safety improvements related to homeland security: Provided, That the Congress designates the entire amount as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount shall be available only to the extent an official budget request that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. National Park Service operation of the national park system For an additional amount for “Operation of the National Park System”, $1,173,000, for emergency security expenses, to remain available until expended: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount shall be available only to the extent an official budget request that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. construction For an additional amount for “Construction”, $17,651,000, to remain available until expended: Provided, That the Congress designates the entire amount as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount shall be available only to the extent an official budget request that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. United States Geological Survey surveys, investigations, and research For an additional amount for “Surveys, Investigations, and Research”, $26,000,000, to remain available until expended, of which $20,000,000 is for high resolution mapping and imagery of the Nation’s strategic cities, and of which $6,000,000 is for data storage infrastructure upgrades and emergency power supply system improvements at the Earth Resources Observation Systems Data Center: Provided, That the Congress designates the entire amount as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount shall be available only to the extent an official budget request that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. Bureau of Indian Affairs operation of indian programs (including rescission of funds) For an additional amount for “Operation of Indian Programs”, $134,000, for emergency security expenses, to remain available until expended: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount shall be available only to the extent an official budget request that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. Of the funds provided under this heading in Public Law 107-20 for electric power operations and related activities at the San Carlos Irrigation Project, $10,000,000 are rescinded. Funds provided under this heading in Public Law 107-20, for electric power operations and related activities at the San Carlos Irrigation Project, and remaining within the account may be used for unanticipated trust reform projects and costs related to the ongoing Cobell litigation or other litigation concerning the management of Indian trust funds: Provided, That funds made available herein may, as needed, be transferred to or merged with any account funded in the Interior and Related Agencies Appropriations Act to reimburse costs incurred for these litigation activities. Departmental Offices Departmental Management salaries and expenses For an additional amount for “Salaries and Expenses”, $905,000, for emergency security expenses, to remain available until expended: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount shall be available only to the extent an official budget request that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. DEPARTMENT OF AGRICULTURE Forest Service wildland fire management For an additional amount to cover necessary expenses for wildfire suppression operations, $50,000,000, to remain available until expended: Provided, That such funds are also available for repayment of advances to other appropriation accounts from which funds were previously transferred for wildfire suppression: Provided further, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount shall be available only to the extent that an official budget request, that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. capital improvement and maintenance For an additional amount for “Capital Improvement and Maintenance”, $3,500,000, to remain available until expended, for facility enhancements to protect property from acts of terrorism, vandalism, and theft: Provided, That the Congress designates the entire amount as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount shall be available only to the extent an official budget request that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. RELATED AGENCY Smithsonian Institution salaries and expenses For an additional amount for “Salaries and Expenses”, of the Smithsonian Institution, $10,000,000, for emergency security expenses, to remain available until expended: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount shall be available only to the extent an official budget request that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. construction For an additional amount for “Construction”, $2,000,000, to remain available until expended, for planning, design, and construction of an alcohol collections storage facility at the Museum Support Center: Provided, That the Congress designates the entire amount as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount shall be available only to the extent an official budget request that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. GENERAL PROVISIONS—THIS CHAPTER Sec. 701. Within 10 days of enactment of this Act, funds appropriated to the Forest Service under the heading “Wildland Fire Management” in Public Law 107-63 for the following purposes: $5,000,000 for research activities and $10,000,000 for capital improvement and maintenance of fire facilities, shall be released and made available for immediate obligation. These funds are not available for transfer for purposes other than those described in this section. Sec. 702. None of the funds appropriated in this or any other Act, except funds appropriated to the Office of Management and Budget, shall be available to study the transfer of any research activities from the Smithsonian Institution to the National Science Foundation. Sec. 703. In fiscal year 2002 and thereafter, the Secretary of the Interior may charge reasonable fees for services provided at Midway Atoll National Wildlife Refuge, including fuel sales, and retain those fees, to be credited to the United States Fish and Wildlife Service, “Resource Management” account and remain available until expended for operation and maintenance of infrastructure and staffing required for non-refuge specific needs, including meeting the terms necessary for an airport operating certificate and the purchase of fuel supplies. Sec. 704. The Department of the Interior and Related Agencies Appropriations Act, 2002 (Public Law 107-63), under the head “Minerals Management Service, Royalty and Offshore Minerals Management” is amended by striking the word “and” immediately following the word “points,” in the sixth proviso, and by inserting immediately after the word “program” in the sixth proviso “, or under its authority to transfer oil to the Strategic Petroleum Reserve,”, and by inserting at the end of the sixth proviso imme diately preceding the colon, the following, “and to recover MMS transportation costs, salaries and other administrative costs directly related to filling the Strategic Petroleum Reserve”. Sec. 705. In entering into agreements with foreign countries pursuant to the Wildfire Suppression Assistance Act (42 U.S.C. 1856m) the Secretary of Agriculture and the Secretary of the Interior are authorized to enter into reciprocal agreements in which the individuals furnished under said agreements to provide wildfire services are considered, for purposes of tort liability, employees of the country receiving said services when the individuals are fighting fires. The Secretary of Agriculture or the Secretary of the Interior shall not enter into any agreement under this provision unless the foreign country (either directly or through its fire organization) agrees to assume any and all liability for the acts or omissions of American firefighters engaged in firefighting in a foreign country. When an agreement is reached for furnishing fire fighting services, the only remedies for acts or omissions committed while fighting fires shall be those provided under the laws of the host country and those remedies shall be the exclusive remedies for any claim arising out of fighting fires in a foreign country. Neither the sending country nor any organization associated with the firefighter shall be subject to any action whatsoever pertaining to or arising out of fighting fires. Sec. 706. (a) Findings.— Congress finds that— (1) forest health conditions within the Beaver Park Area and the Norbeck Wildlife Preserve within the Black Hills National Forest are deteriorating and immediate action to treat these areas is in the public interest; (2) the existing settlement agreement in Biodiversity Associates v. Laverty, Civil Action No. 99-N-2173, filed in the United States District Court for the District of Colorado on September 12, 2000, (referred to in this Act as the “Settlement”) prevents timely action to reduce the risk of wildfire in the Beaver Park Roadless Area; (3) pending litigation (Sierra Club v. U.S. Forest Service, Civ. No. 94—D-2273 (D. Colorado)) prevents timely action to reduce the risk of wildfire in the Norbeck Wildlife Preserve; (4) existing administrative and legal processes cannot address the fire danger in time to enable the Secretary of Agriculture to take action to reduce the danger; (5) immediate action to address the fire danger in an environmentally responsive manner is supported by the State, local counties, local industry users, and some environmental groups; (6) the addition of 3,600 acres to the Black Elk Wilderness in the Black Hills National Forest is in the public interest; (7) the State of South Dakota, Lawrence, Meade and Pennington County fire officials are encouraged to identify “fire emergency zone” areas in which public safety may require a moratorium on issuance of new building permits, and identify the changes in conditions (including the adoption of fire-safe building standards) that may be needed to end these moratoria; and (8) the State of South Dakota is encouraged to take actions as necessary to create a defensible fuel zone within State lands south and southwest of Sturgis. (b) Purposes.— The purposes of this section are— (1) to authorize and direct the Secretary of Agriculture (in this section referred to as the “Secretary”) to undertake actions to address promptly the risk of fire and insect infestation; and (2) to designate an addition to the existing Black Elk Wilderness Area in the Black Hills National Forest. (c) Fire and Beetle Risk Reduction in Existing Timber Sale Analysis Areas.— (1) In general.— Subject to paragraph (2), the Secretary is authorized to treat additional timber within or outside the existing cutting units for the Piedmont, Kirk, Redhill, Cavern, Deadman, Danno and Vanocker timber sales and within the analysis areas for these sales as is necessary to reduce beetle infestation and fire hazard; (2) Criteria.— In implementing additional treatments within the timber sale analysis areas referred to in paragraph (1), the Secretary shall use in order of priority the following criteria: (A) Areas within ¼ mile of private properties where private property owners have taken or are taking actions to treat their lands. (B) Stands that are a fire hazard or insect infested, and are near private lands or in proximity to communities. (C) Areas that have the highest intensity or concentration of insect infestation that will move to other areas. (D) Stands that are a fire hazard or insect infested, and are near areas of high resource value where retaining green trees is important, such as goshawk nests, sensitive landscapes, recreation areas, and developments. (E) Stands that are a high fire hazard or insect infested, and are within skidding distance of existing roads. (F) Concentrations of insect infested trees. (G) Stands with the highest density that are most susceptible to insect attack and are in close proximity to infested trees. (3) Additional criteria.— In carrying out this subsection, the Secretary shall ensure that— (A) any additional treatment for the Cavern, Kirk, and Piedmont sales shall comply with provisions 6c, d and e of the Settlement; (B) any additional treatment for the Deadman and Vanocker sales, shall be consistent with the Black Hills Forest Plan, including the “Phase I Amendment”; and (C) any additional treatment for the Redhill and Danno sales shall comply with the provisions of 7b, c, and g of the Settlement. (4) Skid trails.— Notwithstanding the Settlement, the Secretary may authorize access by skid trails to the additional treatment areas referred to in this subsection to remove or treat infested stands, except that the skid trails otherwise restricted by the settlement shall be restored to pre-existing conditions upon completion of treatment activities. (5) Completion of treatment activities.— The Secretary shall request timber purchasers to give priority to completing treatment within the Piedmont, Kirk, Redhill, Cavern, Deadman, Danno, and Vanocker timber sale areas to address fire issues and beetle outbreaks. (d) Other Treatments.— (1) buffer zones.— The Secretary is authorized to reduce risk to private property adjoining the Black Hills National Forest by treating insect infested trees, dead trees, and downed woody materials on National Forest System lands in T5N, R5E, BHM, Section 35, and T4N, R5E, BHM, Sections 1, 2 and 12 within 200 feet of adjacent private property. The treatments shall comply with the goshawk nest protections and snail protections in provisions 6c and 7g of the Settlement. (2) Additional treatments.— The Secretary is authorized to treat for insects and fuel reduction National Forest System lands within ¼ mile of private property and other non-National Forest System lands near the community of Sturgis, and shall include, where feasible, the following locations: (A) in T5N, R5E, BHM within ¼ mile of the exterior boundary of the Black Hills National Forest in— (i) Section 35; (ii) Section 27; (iii) Section 21; (iv) Section 20; and (v) Section 18. (B) in T5N, R4E, BHM— (i) Section 13; (ii) ection 11; (iii) Section 2; (iv) Section 3; and (v) Section 4. (3) Fuel breaks.— The Secretary shall establish 400-foot fuel breaks as depicted on the map entitled “Beaver Park Fuel Breaks and Fuel Treatment Areas,” dated June 11, 2002. In establishing the fuel breaks, the Secretary— (A) shall not enter any 30-acre area around historic or active goshawk nest sites identified in Exhibit Bl of the Settlement; and (B) shall use best efforts to retain the largest green trees and large snags. (4) Limitation.— Treatment actions outside of the Beaver Park Roadless Area authorized by subsection (c) and subsection (d)(1), (2), and (3) shall be limited to no more than 8,000 acres of National Forest System land, pending the issuance of a decision on the proposed Elk Bugs and Fuel project. (5) Forbes gulch.— To reduce concentrated heavy fuels, the Secretary is authorized to treat not more than 700 acres within the area identified as Forbes Gulch on the map referred to in paragraph (3). Such treatments shall not involve commercial timber sales or road construction, except that the Secretary may permit firewood cutters to remove the timber without construction of any roads. In carrying out the treatments authorized by this paragraph, the Secretary— (A) may use the Forbes Gulch unclassified road for motorized equipment and vehicles to facilitate ingress and egress of equipment and personnel and may maintain this road to minimum standards necessary for safety and resource protection; (B) may utilize helicopters to fly in heavy equipment (such as industrial chippers and small tractors) to assist with the project; (C) shall use best efforts to retain the largest green trees and large snags; (D) may construct two 10-acre safety zones; and (E) shall reduce the stand structure to no less than 40 square feet basal area per acre of live trees, if available. (e) Fire Suppression Access in the Beaver Park Roadless Area.— (1) Pre-suppression plan.— The pre-suppression plan for the Beaver Park Roadless Area provided for in the Settlement may provide for actions authorized by this section, and shall be completed as soon as practicable. (2) Improved access.— The Secretary is authorized to provide for improved fire equipment access at the perimeter of the Beaver Park Roadless Area by improving classified Forest Roads 139.1, 169.1b, 169.1d, and 139.1b. Such improvements shall be the minimum necessary for crews, equipment and single axle wildfire trucks and may include removing selected trees along roads, constructing pull-outs and turn-arounds, smoothing road surfaces in rough spots, and straightening some comers. (3) Forbes gulch unclassified road.— To protect public safety and reduce fire risks, the Secretary shall prohibit public access year-long on the Forbes Gulch unclassified road. The Secretary shall conduct a roads analysis process as provided in Forest Service Manual 7710 and the necessary level of analysis and documentation pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321-4347) (in this section referred to as “NEPA”) before making a decision to open to public motor vehicle use the Forbes Gulch unclassified road identified on the map entitled “Beaver Park Fuel Breaks and Fuel Treatment Areas,” dated June 11, 2002. Except as provided in subsection (d)(5) and until a decision is issued, the Secretary shall not maintain the Forbes Gulch unclassified road and shall prohibit public access on the road. (4) HELISPOTS.— If sufficient openings for helispots are not available in the Beaver Park Roadless Area, the Secretary is authorized to construct two 5-acre helispots within the Area to transport firefighters and fire equipment into and out of the area. (5) Easements.— To facilitate firefighter access into, and escape routes from, Beaver Park Roadless Area, the Secretary shall attempt to acquire easements from the exterior Forest Service boundary to 1-90 on the eastern side of Beaver Park Roadless Area, at a minimum, along Tilford Gulch, Forbes Gulch, Pleasant Valley and Bulldog Gulch. (f) Needles Timber Sale Area.— (1) Needles timber sale.— The Needles Timber Sale shall proceed after the Secretary makes modifications in implementation of the Decision Notice to further benefit game animals and birds, as reflected in the memorandum known as the “Bums/Carter memorandum” dated November 10, 1999, and maintained in the Black Hills National Forest Supervisor’s office. The standards to which any road is constructed for the timber sale shall be the minimum necessary to access and remove timber. (2) Research committee.— By December 1, 2003, the Secretary shall select a committee composed of research scientists who are federal employees to recommend an old growth research area within the Needles area (outside the Needles Timber Sale cutting units). By December 1, 2004, the committee shall make its recommendation to the Secretary. The committee’s recommendation shall be subject to public notice, review and comment. (g) Grizzly Timber Sale.— The Grizzly Timber Sale shall proceed after the Secretary makes modifications in implementation of the Decision Notice to further benefit game animals and birds, as reflected in the memorandum known as the “Burns/Carter memorandum” dated November 10, 1999, and maintained in the Black Hills National Forest Supervisor’s office. The standards to which any road is constructed for the timber sale shall be the minimum necessary to access and remove timber. (h) Norbeck.— The Secretary is authorized to use the full spectrum of management tools including prescribed fire and silvicultural treatments to benefit game animal and bird habitat in meeting the purposes of the Norbeck Organic Act. The management actions required by subsections (f)(1) and (g) are deemed consistent with the Norbeck Organic Act (16 U.S.C. 675-678b). (i) Norbeck Memorandum of Understanding.— By December 1, 2003, the Secretary shall propose a Memorandum of Understanding with the South Dakota Department of Game, Fish and Parks to, at a minimum, adopt procedures to monitor the effects of management activities, consult on habitat management, concur on program areas of responsibility, and review and recommend as needed any changes to Norbeck Wildlife Preserve direction contained in the 1997 Revised Forest Plan and future plan amendments and revisions. The basis of the MOU will be the guidelines set forth in the May 21, 2002 memo by SDF&P. (j) Process.— Due to the extraordinary circumstances present here, actions authorized by this section shall proceed immediately and to completion notwithstanding any other provision of law including, but not limited to, NEPA and the National Forest Management Act (16 U.S.C. 1601 et seq.). Such actions shall also not be subject to the notice, comment, and appeal requirements of the Appeals Reform Act, (16 U.S.C. 1612 (note), Pub. Law No. 102-381 sec. 322). Any action authorized by this section shall not be subject to judicial review by any court of the United States. Except as provided by this section the Settlement remains in full force and effect. (k) Effect of Actions.— Except for those actions required by subsections (f)(1) and (g), the Secretary shall disclose the effect of actions authorized by this section in the proposed Elk Bugs and Fuels project cumulative effects analysis for past, present, and reasonably foreseeable future actions. The decision for the Elk Bugs and Fuels project shall be issued not later than July 1, 2003. (l) Research Natural Area.— Except as provided in this section, the Secretary shall undertake no additional ground disturbing or vegetation removal activities within the Beaver Park Roadless Area until completion of the Phase II amendment to the Black Hills National Forest Plan. The Secretary shall analyze the Beaver Park Roadless Area for suitability as a Research Natural Area, as required by the Settlement. The Secretary shall not consider any of the actions authorized or required by this section to affect the suitability of the Beaver Park Roadless Area for designation as a Research Natural Area. (m) Roadless Character.— The actions authorized by this section will not affect the determination of the Beaver Park Roadless Area’s wilderness capability, wilderness suitability, and/or roadless character. (n) Wilderness Designation.— Section 103 of Public Law 96-560 is amended by— 16 USC 1132 note.. (1) inserting “(1)” after “National Wilderness Preservation System:”; and (2) adding before Provided, That” the following: and (2) certain lands in the Black Hills National Forest, South Dakota, which comprise approximately three thousand six hundred acres, as generally depicted on a map entitled ‘Black Elk Wilderness Addition-Proposed,’ dated June 13, 2002, and which shall constitute an addition to the existing Black Elk Wilderness”. (o) Reporting.— The Secretary shall report to the Congress Deadlines. on the implementation of this section on or by November 30, 2002, June 30, 2003, and November 30, 2003. CHAPTER 8 DEPARTMENT OF LABOR Occupational Safety and Health Administration salaries and expenses Of the funds provided under this heading in Public Law 107-116 for Occupational Safety and Health Administration training grants, not less than $3,200,000 shall be used to extend funding for the Institutional Competency Building training grants which commenced in September 2000, for program activities for the period of September 30, 2002 to September 30, 2003, provided that a grantee has demonstrated satisfactory performance. DEPARTMENT OF HEALTH AND HUMAN SERVICES Health Resources and Services Administration health resources and services The matter preceding the first proviso under this heading in Public Law 107-116 is amended— (1) by inserting “IV,” after “titles II, III,”; and (2) by striking “$311,978,000” and inserting “$315,333,000”. The matter under this heading in Public Law 107-116 is amended by striking “$4,000,000 is for the Columbia Hospital for Women Medical Center in Washington, D.C. to support community outreach programs for children” and inserting “$4,000,000 is for the All Children’s Hospital, St. Petersburg, Florida to support development of a pediatric clinical research center program”. Centers for Disease Control and Prevention disease control, research, and training For an additional amount for the Centers for Disease Control and Prevention, “Disease Control, Research, and Training”, $1,000,000: Provided, That the entire amount is designated as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount shall be available only to the extent an official budget request, that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. National Institutes of Health buildings and facilities (including rescission) Of the funds provided under this heading in Public Law 107-116, $30,000,000 are rescinded. Under this heading in Public Law 107-116, “$26,000,000” is deleted and “$36,600,000” is inserted. Administration for Children and Families children and families services and programs For an additional amount for “Children and Families Services Programs” for carrying out section 316 of the Family Violence Prevention and Services Act (42 U.S.C. 10416), $500,000: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount shall be available only to the extent an official budget request, that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. Office of the Secretary public health and social services emergency fund For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States for “Public Health and Social Services Emergency Fund” for baseline and follow-up screening and clinical examinations, long-term health monitoring and analysis for the emergency services personnel, rescue and recovery personnel, $90,000,000, to remain available until expended, of which no less than $25,000,000 shall be available for current and retired firefighters: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount shall be available only to the extent an official budget request, that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. DEPARTMENT OF EDUCATION school improvement programs The matter under this heading in Public Law 107-116 is amended by inserting before the period, Provided further, That of the amount made available under subpart 8, part D, title V of the ESEA, $2,300,000 shall be available for Digital Educational Programming Grants”. Of the funds provided under this heading in Public Law 107-116 to carry out the Elementary and Secondary Education Act of 1965, $832,889,000 shall be available to carry out part D of title V, and up to $11,500,000 may be used to carry out section 2345. In the statement of the managers of the committee of conference accompanying H.R. 3061 (Public Law 107-116; House Report 107-342), in the matter relating to the Fund for the Improvement of Education under the heading “School Improvement Programs”— (1) the provision specifying $200,000 for Fresno At-Risk Youth Services and the provision specifying $225,000 for the Fresno Unified School District shall be applied by substituting the following for the two provisions: “Fresno Unified School District, Fresno, California, in partnership with the City of Fresno, California, for activities to address the problems of at-risk youth, including afterschool activities and a mobile science unit, $425,000”; (2) the provision specifying $250,000 for the Wellington Public School District, Wellington, KS, shall be deemed to read as follows: “Wellington Public School District, Wellington, KS, for after school activities, $250,000”; (3) the provision specifying $200,000 for the Vermont Higher Education Council shall be deemed to read as follows: “Vermont Higher Education Consortium to develop universal early learning programs to ensure that at least one certified teacher will be available in center-based child care programs, $200,000”; (4) the provision specifying $250,000 for Education Service District 117 in Wenatchee, WA, shall be deemed to read as follows: “Education Service District 171 in Wenatchee, WA, to equip a community technology center to expand technology based training, $250,000”; (5) the provision specifying $1,000,000 for the Electronic Data Systems Project shall be deemed to read as follows: “Washington State Department of Education for an electronic data systems project to create a database that would improve the acquisition, analysis and sharing of student information, $1,000,000”; (6) the provision specifying $250,000 for the YMCA of Seattle-King-Snohomish County shall be deemed to read as follows: “YWCA of Seattle-King County-Snohomish County to support women and families through an at-risk youth center and other family supports, $250,000”; (7) the provision specifying $50,000 for Drug Free Pennsylvania shall be deemed to read as follows: “Drug Free Pennsylvania to implement a demonstration project, $50,000”; (8) the provision specifying $20,000,000 for the Commonwealth of Pennsylvania Department of Education shall be deemed to read as follows: “$20,000,000 is included for a grant to the Commonwealth of Pennsylvania Department of Education to provide assistance, through subgrants, to low-performing school districts that are slated for potential takeover and/or on the Education Empowerment List as prescribed by Pennsylvania State Law. The initiative is intended to improve the management and operations of the school districts; assist with curriculum development; provide after-school, summer and weekend programs; offer teacher and principal professional development and promote the acquisition and effective use of instructional technology and equipment”; (9) the provision specifying $1,000,000 for State of Louisiana for Louisiana Online shall be deemed to read as follows: “Online Louisiana, Inc., New Orleans, LA, for a K-12 technology initiative, $1,000,000”; (10) the provision specifying $150,000 for the American Theater Arts for Youth, Inc., Philadelphia, PA, for a Mississippi Arts in Education Program shall be deemed to read as follows: “American Theater Arts for Youth, Inc., for a Mississippi Arts in Education program, $150,000”; (11) the provision specifying $340,000 for the Zero to Five Foundation, Los Angeles, California, shall be deemed to read as follows: “Zero to Five Foundation, Los Angeles, California, to develop an early childhood education and parenting project, $340,000”; (12) the provision specifying $900,000 for the University of Nebraska, Kearney, Nebraska, shall be deemed to read as follows: “University of Nebraska, Kearney, Nebraska, for a Minority Access to Higher Education Program to address the special needs of Hispanic and other minority populations from grades K-12, $900,000”; (13) the provision specifying $25,000 for the American Theater Arts for Youth for an Arts in Education program shall be deemed to read as follows: “American Theater Arts for Youth, Inc., in Philadelphia, Pennsylvania, for an Arts in Education program, $25,000”; (14) the provision specifying $50,000 for the Lewiston-Auburn College/University of Southern Maine shall be deemed to read as follows: “Lewiston-Auburn College/University of Southern Maine CLASS program to prepare teachers to meet the demands of Maine’s 21st century elementary and middle schools, $50,000”; and (15) the provision specifying $500,000 for the Prairie Lakes Education Cooperative in Madison, South Dakota to advance distance learning for Native Americans in BIA and tribal schools shall be deemed to read as follows: “Sisseton-Wahpeton School Board in Agency Village, South Dakota to advance distance learning for Native American students, $500,000”. student financial assistance For an additional amount for “Student Financial Assistance” for Pell Grants, $1,000,000,000, to remain available through September 30, 2003. higher education In the statement of the managers of the committee of conference accompanying H.R. 3061 (Public Law 107-116; House Report 107-342), in the matter relating to the Fund for the Improvement of Postsecondary Education under the heading “Higher Education”— (1) the provision for Nicholls State University, Thibodaux, LA, shall be applied by substituting “Intergenerational Program and Advanced Technology Program” for “International Program”; (2) the provision specifying $1,000,000 for the George J. Mitchell Scholarship Research Institute shall be deemed to read as follows: “George J. Mitchell Scholarship Research Institute in Portland, Maine, for an endowment to provide scholarships that allow students attending public schools in Maine to continue their education, $1,000,000”; (3) the provision specifying $10,000,000 for the Shriver Peace Worker Program, Inc. shall be deemed to read as follows: “Shriver Peace Worker Program, Inc. to establish the Sargent Shriver Peace Center, which may include establishing an endowment for such center, for the purpose of supporting graduate research fellowships, professorships, and grants and scholarships for students related to peace studies and social change, $10,000,000”; and (4) the provision specifying $1,000,000 for Cleveland State University shall be deemed to read as follows: “Cleveland State University, College of Education, Cleveland, Ohio, for a K-16 Urban School Leadership initiative, $1,000,000”. education research, statistics, and assessment The matter under this heading in Public Law 107–116, is amended by inserting before the period the following new proviso: “: Provided further, That $5,000,000 shall be available to extend for one additional year the contract for the Eisenhower National Clearinghouse for Mathematics and Science Education authorized under section 2102(a)(2) of the Elementary and Secondary Education Act of 1965, prior to its amendment by the No Child Left Behind Act of 2001, Public Law 107-110”. GENERAL PROVISIONS—THIS CHAPTER Sec. 801. The Elementary and Secondary Education Act of 20 USC 7703. 1965 is hereby amended in section 8003 by amending subsection (b)(2)(D)(ii)(III) to read as follows: “For a local educational agency that does not qualify under (B)(i)(II)(aa) of this subsection and has an enrollment of more than 100 but not more than 1,000 children described in subsection (a)(1), the Secretary shall calculate the total number of weighted student units for purposes of subsection (a)(2) by multiplying the number of such children by a factor of 1.25”. Sec. 802. The Elementary and Secondary Education Act of 1965 is hereby amended in section 8003(b)(1) by adding the following as subparagraph (G): “(G) Beginning with fiscal year 2002, for the purpose of calculating a payment under this paragraph for a local educational agency whose local contribution rate was computed under subparagraph (C)(iii) for the previous year, the Secretary shall use a local contribution rate that is not less than 95 percent of the rate that the LEA received for the preceding year.”. Sec. 803. Amounts made available in Public Law 107-116 for the administrative and related expenses for departmental management for the Department of Labor, the Department of Health and Human Services, and the Department of Education, shall be reduced by $45,000,000: Provided, That this provision shall not apply to the Food and Drug Administration and the Indian Health Service: Provided further, That not later than 15 days after the enactment of this Act, the Director of the Office of Management and Budget shall report to the House and Senate Committees on Appropriations the accounts subject to the reductions and the amount to be reduced in each account. Sec. 804. (a) Section 487 of the Public Health Service Act Ruth L. Kirschstein. (42 U.S.C. 288) is amended by striking “National Research Service Awards” or “National Research Service Award” each place either appears and inserting in lieu thereof “Ruth L. Kirschstein National Research Service Awards” or “Ruth L. Kirschstein National Research Service Award” as appropriate. (b) The heading for section 487 of the Public Health Service Act (42 U.S.C. 288) is amended to read as follows: “Ruth L. Kirschstein National Research Service Awards”. (c) Any reference in any law (other than this Act), regulation, document, record, map, or other paper of the United States to “National Research Service Awards” shall be considered to be a reference to “Ruth L. Kirschstein National Research Service Awards”. Sec. 805. None of the funds provided by this or any other Act may be used to enforce the amendments made by section 166 of the Community Renewal Tax Relief Act of 2000 in Alaska, including the imposition of any penalties. Sec. 806. In the statement of the managers of the committee of conference accompanying the fiscal year 2001 Labor, Health and Human Services, and Education appropriations bill (Public Law 106-554; House Report 106-1033), the provision specifying $464,000 for the Bethel Native Corporation worker demonstration project shall be deemed to read as follows: “for the Alaska CHAR vocational training program, $100,000 and $364,000 for the Yuut Elitnauvriat People’s Learning Center in Bethel, Alaska for vocational training for Alaska Natives”. Sec. 807. Notwithstanding any other provision of law, from September 1 through September 30, 2002, the Secretary of Education may transfer to Program Administration an amount necessary to offset any reduction pursuant to section 803 of this Act but not to exceed $5,000,000 from funds made available in the Department of Education Appropriations Act, 2002, that the Secretary determines are not needed to fully fund all qualified grant applications and would otherwise lapse at the end of fiscal year 2002: Provided, That the Committees on Appropriations of both Houses of Congress are notified at least 15 days in advance of any such transfer. CHAPTER 9 LEGISLATIVE BRANCH HOUSE OF REPRESENTATIVES Salaries and Expenses For an additional amount for salaries and expenses of the House of Representatives, $1,600,000, as follows: Committee Employees Standing Committees, Special and Select For an additional amount for salaries and expenses of standing committees, special and select, authorized by House resolutions, $1,600,000: Provided, That such amount shall remain available for such salaries and expenses until December 31, 2002. JOINT ITEMS Capitol Police Board Capitol Police general expenses For an additional amount for the Capitol Police Board for necessary expenses of the Capitol Police, including computer equipment and services, training, communications, uniforms, weapons, and reimbursement to the Environmental Protection Agency, Hazardous Substance Superfund for additional expenses incurred for anthrax investigations and cleanup actions, $16,100,000, to remain available until expended, to be disbursed by the Capitol Police Board or their delegee. LIBRARY OF CONGRESS Copyright Office salaries and expenses For an additional amount for “Copyright Office, Salaries and expenses”, $7,500,000, to remain available until expended. Sec. 901. Administrative Provisions.— The amount otherwise made available under section 506 of the Supplemental Appropriations Act, 1973 (2 U.S.C. 58) for fiscal year 2002 to any Senator from the Senators’ Official Personnel and Office Expense Account shall be increased by the amount (not in excess of $20,000) which the Senator certifies in a written request to the Secretary of the Senate made not later than September 30, 2002, as being necessary for the payment or reimbursement of expenditures incurred or obligated during fiscal year 2002 that— (1) are otherwise payable from such account, and (2) are directly related to responses to the terrorist attacks of September 11, 2001, or the discovery of anthrax in the Senate complex and the displacement of Senate offices due to such discovery. Sec. 902. (a) Chapter 9 of the Emergency Supplemental Act, 2002 (Public Law 107-117; 115 Stat. 2315), is amended— (1) in section 901(a), by striking “buildings and facilities” and insert “buildings and facilities, subject to the availability of appropriations,”. (b) Section 9 of the Act of July 31, 1946 (40 U.S.C. 212a), is amended by redesignating the subsection (b) added by section 903(c)(2) of the Emergency Supplemental Act, 2002, as subsection (c). (c) The amendment made by this section shall take effect as 40 USC 174b-2. if included in the enactment of the Emergency Supplemental Act, 2002. Sec. 903. (a) Chapter 9 of the Emergency Supplemental Act, 2002 (Public Law 107-117; 115 Stat. 2315), is amended— (1) in section 903(a), by striking “buildings and facilities” and insert “buildings and facilities, subject to the availability of appropriations,”. (b) Section 9 of the Act of July 31, 1946 (40 U.S.C. 212a), is amended by redesignating the subsection (b) added by section 903(c)(2) of the Emergency Supplemental Act, 2002, as subsection (c). (c) The amendment made by this section shall take effect as 40 USC 175a note. if included in the enactment of the Emergency Supplemental Act, 2002. Sec. 904. Nothing in section 1535 of title 31, U.S.C. (commonly referred to as the “Economy Act”), or any other provision of such title may be construed to prevent or restrict the Chief Administrative Officer of the House of Representatives from placing orders under such section during any fiscal year in the same manner and to the same extent as the head of any other major organizational unit with an agency may place orders under such section during a fiscal year. Sec. 905. (a) The Architect of the Capitol is authorized, subject 40 USC 166k. to the availability of appropriations, to acquire (through purchase, lease, or otherwise) buildings and facilities for use as computer backup facilities (and related uses) for offices in the legislative branch. (b) The acquisition of a building or facility under subsection (a) shall be subject to the approval of— (1) the House Office Building Commission, in the case of a building or facility acquired for the use of an office of the House of Representatives; (2) the Committee on Rules and Administration of the Senate, in the case of a building or facility acquired for the use of an office of the Senate; or (3) the House Office Building Commission in the case of a building or facility acquired for the use of any other office in the legislative branch as part of a joint facility with (1) above, or the Committee on Rules and Administration of the Senate, in the case of a building or facility acquired for the use of any other office in the legislative branch as part of a joint facility with (2) above. (c) Any building or facility acquired by the Architect of the Capitol pursuant to subsection (a) shall be a part of the United States Capitol Grounds and shall be subject to the provisions of the Act entitled “An Act to define the area of the United States Capitol Grounds, to regulate the use thereof, and for other purposes”, approved July 31, 1946. (d) This section shall apply with respect to fiscal year 2002 Applicability. and each succeeding fiscal year. Sec. 906. (a) There is hereby established in the Treasury of 40 USC 166l. the United States an account for the Architect of the Capitol to be known as “Capitol Police Buildings and Grounds” (hereinafter in this section referred to as the “account”). (b) Funds in the account shall be used by the Architect of the Capitol for all necessary expenses for the maintenance, care, and operation of buildings and grounds of the United States Capitol Police. (c) This section shall apply with respect to fiscal year 2002 Applicability. and each succeeding fiscal year. Any amounts provided to the Architect of the Capitol prior to the date of the enactment of this Act for the maintenance, care, and operation of buildings of the United States Capitol Police during fiscal year 2002 shall be transferred to the account. Sec. 907. (a) Subject to the approval of the House Office 40 USC 166m. Building Commission and the Senate Committee on Rules and Administration, the Architect of the Capitol is authorized to acquire (through purchase, lease, transfer from another Federal entity, or otherwise) real property, subject to the availability of appropriations and upon approval of an obligation plan by the Committees on Appropriations of the House and Senate, for the use of the United States Capitol Police. (b) Any real property acquired by the Architect of the Capitol pursuant to subsection (a) shall be a part of the United States Capitol Grounds and shall be subject to the provisions of the Act entitled “An Act to define the area of the United States Capitol Grounds, to regulate the use thereof, and for other purposes”, approved July 31, 1946. (c) This section shall apply with respect to fiscal year 2002 and each succeeding fiscal year. CHAPTER 10 DEPARTMENT OF DEFENSE MILITARY CONSTRUCTION Military Construction, Air Force For an additional amount for “Military Construction, Air Force”, $7,250,000, to remain available until September 30, 2006: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount shall be available only to the extent an official budget request that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress: Provided further, That notwithstanding any other provision of law, such funds may be obligated or expended to carry out planning and design and military construction projects not otherwise authorized by law. Military Construction, Defense-wide (including transfer of funds) For an additional amount for “Military Construction, Defensewide”, $21,500,000, to remain available until September 30, 2006: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount shall be available only to the extent an official budget request that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress: Provided further, That notwithstanding any other provision of law, such funds may be obligated or expended to carry out planning and design and military construction projects not otherwise authorized by law. GENERAL PROVISIONS—THIS CHAPTER Sec. 1001. (a) Availability of Amounts for Military Construction Relating to Terrorism.— Amounts made available to the Department of Defense from funds appropriated in this Act may be used to carry out military construction projects, not otherwise authorized by law, that the Secretary of Defense deter mines are necessary to respond to or protect against acts or threatened acts of terrorism. (b) Notice to Congress.— Not later than 15 days before obligating amounts available under subsection (a) for military construction projects referred to in that subsection, the Secretary shall notify the appropriate committees of Congress of the following: (1) the determination to use such amounts for the project; and (2) the estimated cost of the project and the accompanying Form 1391. (c) Appropriate Committees of Congress Defined.— In this section the term “appropriate committees of Congress” has the meaning given that term in section 2801(4) of title 10, United States Code. CHAPTER 11 DEPARTMENT OF TRANSPORTATION Office of the Secretary transportation administrative service center (limitation on obligations) Under this heading in Public Law 107-87, as amended by section 1106 of Public Law 107-117, delete “$116,023,000” and insert “$128,123,000”. Transportation Security Administration (including transfer of funds) For additional amounts for emergency expenses to ensure transportation security, $3,850,200,000, to remain available until expended: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That of the amounts provided under this head, $1,030,000,000 shall, immediately upon enactment of this Act, be transferred to Federal Emergency Management Agency “Disaster Relief” for emergency expenses to respond to the September 11, 2001 terrorist attack on the United States: Provided further, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That of such amount, $480,200,000 shall be available only to the extent an official budget request for a specific dollar amount that includes designation of the entire amount of the request as an emergency requirement as defined in such Act is transmitted by the President to the Congress: Provided further, That of the total amount provided herein, the following amounts are available for obligation only for the specific purposes below: (1) Physical modification of commercial service airports for the purpose of installing checked baggage explosive detection systems, including explosive trace detection systems, $738,000,000; (2) Port security activities, $125,000,000, of which $105,000,000 shall be distributed under the same terms and conditions as provided for under Public Law 107-117 and of which $20,000,000 shall be used for developing and conducting port incident training and exercises; (3) Grants and contracts to enhance security for intercity bus operations, $15,000,000; (4) Grants, contracts and interagency agreements for the purpose of deploying Operation Safe Commerce, $28,000,000; (5) Procurement of air-ground communications systems and devices for the Federal air marshal program, $15,000,000; (6) Grants and contracts for radiation detection system test and evaluation, $4,000,000; (7) Grants to airport authorities for pilot projects to improve airport terminal security, $ 17,000,000; (8) Grants and contracts for security research, development, and pilot projects, $10,000,000; and (9) Replacement of magnetometers at airport passenger screening locations in commercial service airports, $23,000,000: Provided further, That none of the funds in this Act shall be used to recruit or hire personnel into the Transportation Security Administration which would cause the agency to exceed a staffing level of 45,000 full-time permanent positions. United States Coast Guard operating expenses For an additional amount for “Operating Expenses” for emergency expenses for homeland security and other purposes, $200,000,000, to remain available until September 30, 2003: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That of such amount, $11,000,000 shall be available only to the extent an official budget request that includes designation of the $11,000,000 as an emergency requirement as defined in such Act is transmitted by the President to the Congress. acquisition, construction, and improvements For an additional amount for “Acquisition, Construction, and Improvements” for emergency expenses for homeland security and other purposes, $328,000,000, to remain available until September 30, 2004, of which $38,100,000 shall be available to acquire, repair, renovate or improve vessels, small boats and related equipment; $200,000,000 shall be available to acquire new aircraft and increase aviation capability; $27,729,000 shall be available for other equipment; and $62,171,000 shall be for shore facilities and aids to navigation facilities: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That of such amount, $262,000,000 shall be available only to the extent an official budget request that includes designation of the $262,000,000 as an emergency requirement as defined in such Act is transmitted by the President to the Congress. Federal Aviation Administration operations (including transfer of funds) For an additional amount for “Operations”, $42,000,000, for security activities at Federal Aviation Administration facilities: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount shall be available only to the extent an official budget request that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress: Provided further, That an additional $33,000,000 may be derived by transfer from “Facilities and Equipment (Airport and Airway Trust Fund)”. facilities and equipment (airport and airway trust fund) For an additional amount for “Facilities and Equipment”, $7,500,000, to be derived from the Airport and Airway Trust Fund and to remain available until expended: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount shall be available only to the extent an official budget request that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. grants-in-aid for airports (airport and airway trust fund) For an additional amount to enable the Federal Aviation Administrator to compensate airports for the direct costs associated with new, additional, or revised security requirements imposed on airport operators by the Administrator on or after September 11, 2001, notwithstanding any other provision of law, $150,000,000, to be derived from the Airport and Airway Trust Fund and to remain available until expended: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount shall be available only to the extent an official budget request that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. Federal Highway Administration federal-aid highways emergency relief program (highway trust fund) For an additional amount for “Emergency Relief Program”, as authorized by 23 U.S.C. 125, for emergency expenses to respond to the September 11, 2001, terrorist attacks on New York City, $167,000,000 for the State of New York, to be derived from the Highway Trust Fund and to remain available until expended: Provided, That notwithstanding 23 U.S.C. 120(e), the Federal share for any project on a Federal-aid highway related to the New York City terrorist attacks shall be 100 percent: Provided further, That notwithstanding 23 U.S.C. 125(d)(l), the Secretary of Transportation may obligate more than $100,000,000 for those projects: Provided further, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. federal-aid highways (highway trust fund) (rescission) Of the funds apportioned to each state under the programs authorized under sections 1101(a)(1), 1101(a)(2), 1101(a)(3), 1101(a)(4) and 1101(a)(5) of Public Law 105-178, as amended, $320,000,000 are rescinded. federal-aid highways emergency relief program (highway trust fund) For an additional amount for the “Emergency Relief Program”, as authorized by section 125 of title 23, United States Code, $98,000,000, to be derived from the Highway Trust Fund and to remain available until expended: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount shall be available only to the extent that an official budget request, that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. Federal Motor Carrier Safety Administration border enforcement program (highway trust fund) For necessary expenses of the Border Enforcement Program to respond to the September 11, 2001, terrorist attacks on the United States, $19,300,000, to be derived from the Highway Trust Fund, of which $4,200,000 shall be to implement section 1012 of Public Law 107-56 (USA Patriot Act); $10,000,000 shall be for drivers’ license fraud detection and prevention, the northern border safety and security study, and hazardous material security education and outreach; and $5,100,000 shall be for the purposes of coordinating drivers’ license registration and social security number verification: Provided, That in connection with such commercial drivers’ license fraud deterrence projects, the Secretary may enter into such contracts or grants with the American Association of Motor Vehicle Administrators, States, or other persons as the Secretary may so designate to carry out these purposes: Provided further, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. hazardous materials security (highway trust fund) For necessary expenses to implement the hazardous materials safety permit program pursuant to 49 U.S.C. 5109, $5,000,000, to be derived from the Highway Trust Fund and to remain available until expended: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount shall be available only to the extent an official budget request that includes designation of the entire amount of the request as an emergency requirement as defined in such Act is transmitted by the President to the Congress. Federal Railroad Administration grants to the national railroad passenger corporation For an additional amount for the National Railroad Passenger Corporation for expenses to ensure the continuation of rail passenger operations, $205,000,000. Federal Transit Administration capital investment grants For an additional amount for “Capital Investment Grants” for emergency expenses to respond to the September 11, 2001, terrorist attacks in New York City, $1,800,000,000, to remain available until expended to replace, rebuild, or enhance the public transportation systems serving the Borough of Manhattan, New York City, New York: Provided, That the Secretary may use up to 1 percent of this amount for oversight activities: Provided further, That these funds are subject to grant requirements as determined by the Secretary to ensure that eligible projects will improve substantially the mobility of commuters in Lower Manhattan: Provided further, That the Federal share for any project funded from this amount shall be 100 percent: Provided further, That these funds are in addition to any other appropriation available for these purposes: Provided further, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. GENERAL PROVISIONS—THIS CHAPTER Sec. 1101. Notwithstanding any other provision of law, projects and activities designated on pages 82 through 92 of House Report 107-308 shall be eligible for fiscal year 2002 funds made available for the program for which each project or activity is so designated and projects and activities on pages 116 and 117 shall be awarded those grants upon receipt of an application. Sec. 1102. Section 335 of Public Law 107-87 is amended by inserting “and the Transportation Security Administration” after “the Federal Aviation Administration”; by inserting “, aviation security” after “air navigation”, and by inserting “and the TSA for necessary security checkpoints” after the word “facilities”. Sec. 1103. Title II of Division C of Public Law 105-277 is amended by striking “of more than 750 gross registered tons” in each place it appears, and inserting in lieu thereof, “of more than 750 gross registered tons (as measured under chapter 145 of title 46) or 1,900 gross registered tons as measured under chapter 143 of that title)”. Sec. 1104. Section 354 of Public Law 106-346 (114 Stat. 1356A-35) is amended by inserting “or Nail Road” after “Star Landing Road”. Sec. 1105. Notwithstanding any other provision of law, $2,750,000 of amounts made available for “Intelligent Transportation Systems” in Public Law 107-87 and Public Law 106-346 shall be made available for activities authorized under section 5118 of Public Law 105-178. CHAPTER 12 DEPARTMENT OF THE TREASURY Federal Law Enforcement Training Center salaries and expenses For an additional amount for “Salaries and Expenses” for expenses of expanded law enforcement training workload resulting from the September 11, 2001 terrorist attacks against the United States, $15,870,000, to remain available until September 30, 2003: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount shall be available only to the extent that an official budget request, that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. Financial Management Service salaries and expenses (rescission) Of the unobligated balance as of June 30, 2002, of the funds made available for “Financial Management Service, Salaries and Expenses” in chapter 10 of title II of Public Law 107-20, $14,000,000 are rescinded. United States Customs Service salaries and expenses For an additional amount for “Salaries and Expenses”, $39,000,000, to remain available until expended: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount shall be available only to the extent an official budget request that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. Internal Revenue Service information systems (rescission) Of the available balances under this heading, $10,000,000 are rescinded. business systems modernization For an additional amount for “Internal Revenue Service, Business Systems Modernization”, $14,000,000, to remain available until September 30, 2003. Such additional amount may not be obligated until the Internal Revenue Service submits to the Committees on Appropriations, and such Committees approve, a plan for the expenditure of such additional amount that complies with the requirements as specified in clauses (1) through (6) under such heading in Public Law 107-67. United States Secret Service salaries and expenses For an additional amount for “Salaries and Expenses” for expenses related to the September 11, 2001 terrorist attacks against the United States, $28,530,000, to remain available until September 30, 2003: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount shall be available only to the extent that an official budget request, that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. POSTAL SERVICE Payment to the Postal Service Fund For an additional amount for “Payment to the Postal Service Fund” for emergency expenses to enable the Postal Service to protect postal employees and postal customers from exposure to biohazardous material and to sanitize and screen the mail, $87,000,000, to remain available until expended: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE PRESIDENT Office of Administration salaries and expenses For an additional amount for “Salaries and Expenses”, $3,800,000, to remain available until expended: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. Office of Management and Budget salaries and expenses (rescission) Of the funds made available under this heading in Public Law 107-67, $100,000 are rescinded. election administration reform and related expenses (including transfer of funds) For necessary expenses for the implementation of an Act authorizing funds for the improvement of election administration and related expenses, $400,000,000, to remain available until expended: Provided, That such amounts shall not be available for obligation until the enactment of such Act: Provided further, That upon enactment of such Act, the Director of the Office of Management and Budget shall transfer such amounts to the Federal entities authorized by such Act to expend funds for the designated purposes: Provided further, That, within 15 days of such transfers, the Director of the Office of Management and Budget shall notify Congress of the amounts transferred to each authorized Federal entity: Provided further, That the entities to which the amounts are transferred shall use the amounts to carry out the applicable provisions of such Act: Provided further, That the transfer authority provided in this paragraph shall be in addition to any other transfer authority provided in this or any other Act: Provided further, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount shall be available only to the extent that an official budget request, that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. INDEPENDENT AGENCIES Federal Election Commission salaries and expenses For an additional amount for “Salaries and Expenses”, $750,000 for unanticipated costs associated with implementing the Bipartisan Campaign Reform Act. General Services Administration real property activities federal buildings fund For an additional amount for “Federal Buildings Fund” for building security emergency expenses resulting from the September 11, 2001, terrorist attacks on the United States, $21,800,000: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. GENERAL PROVISIONS—THIS CHAPTER Sec. 1201. None of the funds appropriated in this or any other Act may be used to transfer the functions, missions, or activities of the United States Customs Service to the Department of Justice. Sec. 1202. (a) The Federal Law Enforcement Training Center Deadline. may, for a period ending not later than 5 years after the date 42 USC 3771 note. of the enactment of this Act, appoint and maintain a cadre of up to 250 Federal annuitants: (1) without regard to any provision of title 5, United States Code, which might otherwise require the application of competitive hiring procedures; and (2) who shall not be subject to any reduction in pay (for annuity allocable to the period of actual employment) under the provisions of section 8344 or 8468 of such title 5 or similar provision of any other retirement system for employees. A reemployed Federal annuitant as to whom a waiver of reduction under paragraph (2) applies shall not, for any period during which such waiver is in effect, be considered an employee for purposes of subchapter III of chapter 83 or chapter 84 of title 5, United States Code, or such other retirement system (referred to in paragraph (2)) as may apply. (b) No appointment under this section may be made which would result in the displacement of any employee. (c) For purposes of this section— (1) the term “Federal annuitant” means an employee who has retired under the Civil Service Retirement System, the Federal Employees’ Retirement System, or any other retirement system for employees; (2) the term “employee” has the meaning given such term by section 2105 of such title 5; and (3) the counting of Federal annuitants shall be done on a full time equivalent basis. Sec. 1203. Notwithstanding any other provision of law, hereafter, for purposes of section 201(a) of the Federal Property and Administrative Services Act of 1949 (relating to Federal sources of supply, including lodging providers, airlines and other transportation providers), the Eisenhower Exchange Fellowship Program shall be deemed an executive agency for the purposes of carrying out the provisions of 20 U.S.C. 5201, and the employees of and participants in the Eisenhower Exchange Fellowship Program shall be eligible to have access to such sources of supply on the same basis as employees of an executive agency have such access. CHAPTER 13 DEPARTMENT OF VETERANS AFFAIRS Veterans Benefits Administration compensation and pensions For an additional amount for “Compensation and pensions”, $1,100,000,000, to remain available until expended. Veterans Health Administration medical care For an additional amount for “Medical care”, $417,000,000, to remain available until September 30, 2003: Provided, That the funds provided herein be allocated using the VERA methodology: Provided further, That for the purposes of enabling the collection note from third-party insurance carriers for non-service related medical care of veterans, all Department of Veterans Affairs healthcare facilities are hereby certified as Medicare and Medicaid providers and the Centers for Medicare and Medicaid Services within the Department of Health and Human Services shall issue each Department of Veterans Affairs healthcare facility a provider number as soon as practicable after the date of enactment of this Act: Provided further, That nothing in the preceding proviso shall be construed to enable the Department of Veterans Affairs to bill Medicare or Medicaid for any medical services provided by the Veterans Health Administration or to require the Centers for Medicare and Medicaid Services to pay for any medical services provided by the Department of Veterans Affairs: Provided further, That $275,000,000 is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That $275,000,000 shall be available only to the extent that an official budget request, that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Public and Indian Housing housing certificate fund (rescission) Of the unobligated balances remaining from funds appropriated to the Department of Housing and Urban Development under this heading or the heading “Annual contributions for assisted housing” or any other heading for fiscal year 2002 and prior years, $388,500,000 is hereby rescinded: Provided, That this rescission shall apply first to such unobligated balances under this heading or the heading “Annual contributions for assisted housing”: Provided further, That any unobligated balances governed by reallocation provisions under the statute authorizing the program for which the funds were originally appropriated may be available for this rescission subject to the first proviso. Community Planning and Development community development fund For an additional amount for the “Community development fund” for emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, $783,000,000, to remain available until expended: Provided, That the State of New York, in cooperation with the City of New York, shall, through the Lower Manhattan Development Corporation, distribute these funds: Provided further, That such funds may be used for assistance for properties and businesses (including the restoration of utility infrastructure) damaged by, and for economic revitalization directly related to, the terrorist attacks on the United States that occurred on September 11, 2001, in New York City and for reimbursement to the State and City of New York for expenditures incurred from the regular Community Development Block Grant formula allocation used to achieve these same purposes: Provided further, That the State of New York is authorized to provide such assistance to the City of New York: Provided further, That in administering these funds and funds under section 108 of title I of the Housing and Community Development Act of 1974, as amended, used for economic revitalization activities in New York City, the Secretary may waive, or specify alternative requirements for, any provision of any statute or regulation that the Secretary administers in connection with the obligation by the Secretary or the use by the recipient of these funds or guarantees (except for requirements related to fair housing, nondiscrimination, labor standards, and the environment), upon a finding that such waiver is required to facilitate the use of such funds or guarantees: Provided further, That such funds shall not adversely affect the amount of any formula assistance received by the State of New York, New York City, or any categorical application for other Federal assistance: Provided further, That the Secretary shall publish in the Federal Register any waiver of any statute or regulation that the Secretary administers pursuant to title I of the Housing and Community Development Act of 1974, as amended, no later than 5 days before the effective date of such waiver: Provided further, That the Secretary shall notify the Committees on Appropriations on the proposed allocation of any funds and any related waivers pursuant to this section no later than 5 days before such allocation: Provided further, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. The referenced statement of the managers under the heading “Community development block grants” in title II of Public Law 105—276 is deemed to be amended by striking “$250,000 for renovation, accessibility, and asbestos remediation for the Wellstone Neighborhood Center, Wellstone, Missouri” and insert in lieu thereof “$250,000 for the St. Louis Economic Council for design, infrastructure and construction related to the Enterprise CenterWellstone in Wellstone, Missouri”. The referenced statement of the managers under the heading “Community development fund” in title II of Public Law 106—377 is deemed to be amended by striking “$2,000,000 is for the Louisville Community Development Bank for the Louisville Neighborhood Initiative” and inserting “$2,000,000 for neighborhood revitalization activities in Louisville, Kentucky, as follows: $170,000 to the Christian Church Homes of Kentucky for facility upgrades at Chapel House, $500,000 to the Louisville Medical Center Development Corporation for expansion of a research park, $400,000 to the Louisville Science Center for construction of a permanent exhibition, $150,000 to the New Zion Community Development Foundation for renovation of a facility, $400,000 to the Presbyterian Community Center for construction of a facility, $180,000 to the St. Stephen Family Life Center for renovation of a facility, and $200,000 to the United Crescent Hill Ministries for renovation of a facility”. The referenced statement of the managers under the heading “Community development fund” in title II of Public Law 106-377 is deemed to be amended by striking “$1,000,000 for the Community Action Agency of Southern New Mexico, Inc. for construction of a regional food bank and supporting offices” and insert in lieu thereof “$1,000,000 for the Community Action Agency of Southern New Mexico for construction, purchase, or renovation and the equipping of a regional food bank and supporting offices”. The referenced statement of the managers under the heading “Community development fund” in title II of Public Law 107-73 is deemed to be amended by striking “$400,000 to the City of Reading, Pennsylvania for the development of the Morgantown Road Industrial Park on what is currently a brownfields site” and insert in lieu thereof “$400,000 for the City of Reading, Pennsylvania for the development of the American Chain and Cable brownfield site”. The referenced statement of the managers under the heading “Community development fund” in title II of Public Law 107-73 is deemed to be amended by striking “$750,000 for the Smart Start Child Care Center and Expertise School of Las Vegas, Nevada for construction of a child care facility” and insert in lieu thereof “$250,000 for the Smart Start Child Care Center of Las Vegas, Nevada for construction of a child care facility and $500,000 for Expertise, Inc. of Las Vegas, Nevada for job training”. The referenced statement of the managers under the heading “Community development fund” in title II of Public Law 107-73 is deemed to be amended by striking “$3,000,000 for the Louisville Community Development Bank for continuation of the Louisville Neighborhood Initiative” and inserting “$3,000,000 for neighborhood revitalization activities in Louisville, Kentucky, as follows: $250,000 to the Bridgehaven Mental Health Agency for planning and development of a facility, $600,000 to the Cable Life Community Enrichment Corporation for construction of a facility, $350,000 to Catholic Charities for renovation of a facility, $500,000 to the Center for Women and Families for an affordable housing program, $100,000 to the Clifton Cultural Center for renovation of a historic building, $200,000 to Harrods Creek Community Development for construction of a facility, $200,000 to the James Taylor Memorial Home for facility improvements, $600,000 to the Kentucky Art and Craft Foundation for renovation of a facility, and $200,000 to the Shelby Park Neighborhood Association for facility construction”. The referenced statement of the managers under the heading “Community development block grants” in title II of Public Law 106-74 is deemed to be amended with respect to the amount made available for the City of Hollister, California by striking “to the City of Hollister, California for the construction of a new fire station” and inserting “to the Monterey County, California Economic Development Agency for a mobile animal slaughter processing unit”. The unobligated amount appropriated in the third paragraph under the heading “Community development block grants” in chapter 8 of title II of the Emergency Supplemental Act, 2000 (Public Law 106—246; 114 Stat. 565), as subsequently made available under the heading “Community development fund” in chapter 13 of Division A of the Miscellaneous Appropriations Act, 2001 (H.R. 5666 (excluding section 123), 106th Congress, as enacted into law by Public Law 106-554; 114 Stat. 2763D-42), for a grant to the County of Richmond, North Carolina, shall remain available until September 30, 2003, for development and construction of the Richmond County Industrial Park. The referenced statement of the managers under this heading in title II of Public Law 106-377 is deemed to be amended by striking “$300,000 for Upper Darby Township, Pennsylvania to assist residents with homes that are sinking due to soil subsidence” and insert in lieu thereof “$300,000 for Upper Darby Township, Pennsylvania to assist residents with homes that are sinking due to soil subsidence and for the development of a recreation area, including parking, at Shadeland Avenue”. The referenced statement of the managers under this heading in Public Law 107-73 is deemed to be amended by striking “$150,000 to Winchester County, Virginia for the historic restoration of the Winchester County Courthouse” and inserting “$150,000 to Frederick County, Virginia for the historic restoration of the Old Frederick County Courthouse in Winchester, Virginia”. The referenced statement of the managers under this heading in Public Law 107-73 is deemed to be amended with respect to the amount made available for Family Focus by striking “Family Focus” and inserting “the Weissbourd-Holmes Family Focus Center” and by striking “Evansville” and inserting “Evanston”. The referenced statement of the managers under this heading in Public Law 107-73 is deemed to be amended by striking “$100,000 for Morristown Neighborhood House for the infrastructure improvements to the Manahan Village Resident Center Childcare facility in Morristown, New Jersey” and inserting “$100,000 to the Somerset Valley YMCA Childcare Center in Somerset County, New Jersey for capital improvements”. The referenced statement of the managers under this heading in Public Law 107-73 is deemed to be amended by striking “$600,000 to the Reuben Lindh Family Services in Minneapolis, Minnesota for facilities rehabilitation” and inserting in lieu thereof “$350,000 to the Plymouth Christian Youth Center in Minneapolis, Minnesota for facilities rehabilitation and $250,000 to Migizi Communications in Minneapolis, Minnesota to repair and renovate its Family Education Center”. home investment partnerships program (rescission) Of the funds made available under this heading in Public Law 107-73, $50,000,000 are rescinded from the Downpayment Assistance Initiative. Housing Programs rental housing assistance (rescission) The limitation otherwise applicable to the maximum payments that may be required in any fiscal year by all contracts entered into under section 236 of the National Housing Act (12 U.S.C. 1715z—1) is reduced in fiscal year 2002 by not more than $300,000,000 in uncommitted balances of authorizations of contract authority provided for this purpose in appropriations acts: Provided, That up to $300,000,000 of recaptured section 236 budget authority resulting from the prepayment of mortgages subsidized under section 236 of the National Housing Act (12 U.S.C. 1715z-1) shall be rescinded in fiscal year 2002. INDEPENDENT AGENCIES DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health national institute of environmental health sciences For an additional amount for “National Institute of Environmental Health Sciences”, $8,000,000, to remain available until September 30, 2003, to carry out activities set forth in section 311(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, and section 126(g) of the Superfund Amendments and Reauthorization Act of 1986 in response to the September 11, 2001, terrorist attacks on the United States: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount shall be available only to the extent an official budget request that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. Agency for Toxic Substances and Disease Registry toxic substances and environmental public health For an additional amount for “Toxic substances and environmental public health”, $11,300,000, to remain available until September 30, 2003, of which $1,800,000 is for additional expenses incurred in response to the September 11, 2001, terrorist attacks on the United States, and of which $9,500,000 is to enhance the States’ capacity to respond to chemical terrorism events: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balance Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount shall be available only to the extent an official budget request that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. Environmental Protection Agency science and technology For an additional amount for “Science and technology”, $50,000,000, to remain available until September 30, 2003: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount shall be available only to the extent an official budget request that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. environmental programs and management (transfer of funds) Of the amount appropriated under this heading in title III of Public Law 107-73 to develop engineering plans for addressing the wastewater infrastructure needs in Rosman, North Carolina as identified in project number 67, $400,000 shall be transferred to the “State and tribal assistance grants” account to remain available until expended for grants for wastewater and sewer infrastructure improvements in the Town of Rosman, North Carolina. state and tribal assistance grants The referenced statement of the managers under this heading in Public Law 106-377 is deemed to be amended by striking everything after “$1,000,000” in reference to item 91 and inserting “to the Northern Kentucky Area Development District for Carroll County Wastewater Infrastructure Project ($500,000), City of Owenton Water Collection and Treatment System Improvements and Freshwater Intake Project ($400,000), Grant County Williamstown Lake Expansion Project ($50,000), and Pendleton County Williamstown Lake Expansion Project ($50,000)”. The referenced statement of the managers under this heading in Public Law 107-73 is deemed to be amended by striking everything after “for” in reference to item number 202 and inserting “storm water infrastructure improvements”. Grants appropriated under this heading in Public Law 107-73 for drinking water infrastructure needs in the New York City watershed shall be awarded under section 1443(d) of the Safe Drinking Water Act, as amended. The referenced statement of the managers under this heading in Public Law 106-377 is deemed to be amended by striking everything after “$2,000,000” in reference to item number 168 and inserting “for the Town of Wallace, North Carolina for a regional wastewater infrastructure improvement project ($1,000,000), and for the Town of Cary, North Carolina for wastewater infrastructure improvements including the treatment of biosolids ($1,000,000).”. The referenced statement of managers under this heading in Public Law 107–73 is deemed to be amended in item 19 by inserting the words “water and” after the word “for”. The referenced statement of the managers under this heading in Public Law 107-73 is deemed to be amended by striking everything after “sewer” in reference to item number 183 and inserting “and drinking water upgrade project in Anaconda, Montana”. The referenced statement of the managers under this heading in Public Law 107-73 is deemed to be amended by striking “the City of Florence, Montana” in reference to item number 184 and inserting “the Florence County Water and Sewer District”. Federal Emergency Management Agency disaster relief For an additional amount for “Disaster relief” for emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States in carrying out the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), and the Federal Fire Prevention and Control Act of 1974, as amended (15 U.S.C. 2201 et seq.), $2,650,700,000, to remain available until expended: Provided, That in administering the Mortgage and Rental Assistance Program for victims of September 11, 2001, the Federal Emergency Management Agency will recognize those people who were either directly employed in the Borough of Manhattan or had at least 75 percent of their wages coming from business conducted within the Borough of Manhattan as eligible for assistance under the program, as they were directly impacted by the terrorist attacks: Provided further, That FEMA shall provide compensation to previously denied Mortgage and Rental Assistance Program applicants who would qualify under these new guidelines: Provided further, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. disaster assistance for unmet needs For an additional amount for “Disaster assistance for unmet needs”, $23,200,000, to remain available until September 30, 2004, for use by the Director of the Federal Emergency Management Agency (Director) only for disaster relief, long-term recovery, and mitigation in communities affected by Presidentially-declared natural disasters designated during fiscal year 2002, only to the extent funds are not made available for those activities by the Federal Emergency Management Agency (under its “Disaster relief’ program) or the Small Business Administration: Provided, That in administering these funds the Director shall allocate these funds to States to be administered by each State in conjunction with its Federal Emergency Management Agency Disaster Relief program: Provided further, That each State shall provide not less than 25 percent in non-Federal public matching funds or its equivalent value (other than administrative costs) for any funds allocated to the State under this heading: Provided further, That the Director shall allocate these funds based on the unmet needs arising from a Presidentially-declared disaster as identified by the Director as those which have not or will not be addressed by other Federal disaster assistance programs and for which it is deemed appropriate to supplement the efforts and available resources of States, local governments and disaster relief organizations: Provided further, That the Director shall establish review groups within the Federal Emergency Management Agency to review each request by a State of its unmet needs and certify as to the actual costs associated with the unmet needs as well as the commitment and ability of each State to provide its match requirement: Provided further, That the Director shall publish a notice in the Federal Register governing the allocation and use of the funds under this heading, including provisions for ensuring the compliance of the States with the requirements of this program: Provided further, That 10 days prior to distribution of funds, the Director shall submit a list to the House and Senate Committees on Appropriations setting forth the proposed uses of funds and the most recent estimates of unmet needs: Provided further, That the Director shall submit quarterly reports to said Committees regarding the actual projects and needs for which funds have been provided under this heading: Provided further, That to the extent any funds under this heading are used in a manner inconsistent with the requirements of the program established under this heading and rules issued pursuant thereto, the Director shall recapture an equivalent amount of funds from the State from any existing funds or future funds awarded to the State under this heading or any other program administered by the Federal Emergency Management Agency: Provided further, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount shall be available only to the extent an official budget request, that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. emergency management planning and assistance For an additional amount for “Emergency management planning and assistance” for emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, $447,200,000, to remain available until September 30, 2003, of which $150,000,000 is for programs as authorized by section 33 of the Federal Fire Prevention and Control Act of 1974, as amended (15 U.S.C. 2201 et seq.); $54,200,000 for the existing national urban search and rescue system; and $50,000,000 for interoperable communications equipment: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That $221,800,000 shall be available only to the extent an official budget request, that includes designation of the $221,800,000 as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. cerro grande fire claims For an additional amount for “Cerro Grande fire claims”, $61,000,000 for claims resulting from the Cerro Grande fires, to remain available until September 30, 2003: Provided, That up to 5 percent of the amount made available under this heading may be used for administrative costs: Provided further, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount shall be available only to the extent an official budget request that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. National Science Foundation education and human resources For an additional amount for “Education and human resources” for emergency expenses to respond to emergent needs in cyber security, $19,300,000, to remain available until September 30, 2003: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. GENERAL PROVISIONS—THIS CHAPTER Sec.1301. Notwithstanding the first paragraph of the item in title II of Public Law 107-73 relating to “Federal housing administration, Mutual mortgage insurance program account”, during fiscal year 2002, commitments to guarantee loans to carry out the purposes of section 203(b) of the National Housing Act shall not exceed a loan principal of $165,000,000,000. Sec.1302. Notwithstanding the first paragraph of the item in title II of Public Law 107-73 related to “Federal housing adminis tration, General and special risk program account”, any amounts made available for fiscal year 2002 for the cost of guaranteed loans, as authorized by sections 238 and 519 of the National Housing Act (12 U.S.C. 1715z-3 and 1735c), including the cost of loan guarantee modifications (as that term is defined in section 502 of the Congressional Budget Act of 1974), shall be available to subsidize total loan principal, any part of which is to be guaranteed, of up to $23,000,000,000. Sec.1303. The Secretary of Housing and Urban Development 12 USC 1710 note. shall begin to enter into new agreements and contracts pursuant to the Asset Control Area Demonstration Program as provided Contracts. in section 602 of Public Law 105—276 not later than September 15, 2002: Provided, That any agreement or contract entered into pursuant to such program shall be consistent with the requirements of such section 602: Provided further, That the Department shall Regulations. develop proposed regulations for this program not later than September Deadline. 15, 2002. Sec.1304. The Secretary of Housing and Urban Development Reports. shall submit a report every 90 days to the House and Senate Committees on Appropriations on the status of any multifamily housing project (including all hospitals and nursing homes) insured under the National Housing Act that has been in default for longer than 60 days. The report shall include the location of the property, the reason for the default, and all actions taken by the Secretary and owner with regard to the default, including any work-out agreements, the status and terms of any assistance or loans, and any transfer of an ownership interest in the property (including any assistance or loans made to the prior, current or intended owner of the property or to the local unit of government in which the property is located). The initial report shall be submitted no later Deadline. than September 16, 2002. Sec.1305. For purposes of facilitating the sale of Stafford Apartments (FHA Project No: 052-44163) for use as student housing— (1) the Secretary of Housing and Urban Development shall Effective date. renew the section 8 contract that was associated with such property and that expired during fiscal year 2001 at rent levels not to exceed market rents as determined by the Secretary, subject to annual operating cost adjustment factor increases, and subject to such other conditions as the Secretary may determine appropriate, and the renewal of such contract shall be deemed to have taken effect as of October 1, 2001; (2) prior to sale of this property for student housing, any funds remaining in the property’s residual receipts and reserve for replacement accounts shall be used in connection with the relocation of tenants under this section, and any remaining amounts shall be returned to the Secretary; (3) subject to the concurrence by the Secretary with the relocation plan for current tenants, the payment in full of mortgages on this property insured pursuant to sections 236(j) and 241(a) of the National Housing Act and the resultant termination of the insurance contracts associated with those mortgages, the payment in full of the loan on this property made pursuant to section 201 of the Housing and Community Development Amendments of 1978, and, as of the date of sale, the termination of any assistance under section 236(0(2) of the National Housing Act and section 8 of the United States Housing Act of 1937 and the return to the Secretary of any such assistance that has not been expended, such property may be sold for use as student housing, notwithstanding any federal use restrictions required pursuant to section 201 of the Housing and Community Development Amendments of 1978 (12 U.S.C. 1715z-1a) and section 250 of the National Housing Act (12 U.S.C. 1715z-15); (4) upon the concurrence by the Secretary of such relocation plan and the sale of such property for use as student housing, all of the tenants of such property shall be relocated and shall receive, subject to the availability of funds, tenant-based assistance under section 8(o) of the United States Housing Act of 1937, notwithstanding any rights of such tenants to elect to remain in such property pursuant to section 8(t) of such Act (42 U.S.C. 1437f(t)) or to receive enhanced voucher assistance under such section; and (5) the provisions of this section shall only remain effective for 24 months from the date of enactment of this section. CHAPTER 14 GENERAL PROVISIONS Sec.1401. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. Sec.1402. Notwithstanding any other provision of law, all adjustments made pursuant to section 251(b)(1)(B) of the Balanced Budget and Emergency Deficit Control Act of 1985 to the highway category and to section 8103(a)(5) of the Transportation Equity Act for the 21st Century for fiscal year 2003 shall be deemed to be zero. This section shall apply immediately to all reports issued pursuant to section 254 of the Balanced Budget and Emergency Deficit Control Act of 1985 for fiscal year 2003, including the discretionary sequester preview report. federal administrative and travel expenses (rescissions) Sec.1403. (a) Of the funds available to the agencies of the Federal Government from prior Appropriations Acts, $350,000,000 are hereby rescinded: Provided, That rescissions pursuant to this subsection shall be taken only from administrative and travel accounts: Provided further, That rescissions shall be taken on a pro rata basis from funds available to every Federal agency, department, and office in the executive branch, including the Office of the President. (b) Within 30 days after the date of the enactment of this Records. Act, the Director of the Office of Management and Budget shall submit to the Committees on Appropriations of the House of Representatives and the Senate a listing of the amounts by account of the reductions made pursuant to the provisions of subsection (a) of this section: Provided, That the Office of Management and Budget shall also include with such listing an explanation of the methodology used to identify the offices, accounts, and amounts to be reduced. Sec.1404. Any amount appropriated in this Act for which availability is made contingent by a provision of this Act on designation by the President as an emergency requirement pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985 shall not be available for obligation unless all such contingent amounts are designated by the President, within 30 days of enactment of this Act, as such emergency requirements.

10. 2003

    Legislative Branch Appropriations Act, 2003

    Pub. L. 108–7 div. H title I § 1016(c) · 117 Stat. 11

    Substituted · 2 U.S.C. § 1961(a)

    Pub. L. 108–7 substituted “this section, sections 1922, 1966, 1967, and 1969 of this title (and regulations promulgated under section 1969 of this title), and chapter 51 of title 40” for “sections 193a to 193m, 212a, 212a–2, and 212b of this title and regulations promulgated under section 212b of this title,”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 108–7 substituted “this section, sections 1922, 1966, 1967, and 1969 of this title (and regulations promulgated under section 1969 of this title), and chapter 51 of title 40” for “sections 193a to 193m, 212a, 212a–2, and 212b of this title and regulations promulgated under section 212b of this title,”.

    Enacted provision · exact public law section
    (c) Technical and Conforming Amendment.— Section 9(a) of the Act of July 31, 1946 (2 U.S.C. 1961(a)) is amended by striking “sections 193a to 193m, 212a, 212a–2, and 212b of this title and regulations promulgated under section 212b of this title,” and inserting “this Act (and regulations promulgated under section 14 of this Act (2 U.S.C. 1969)), and chapter 51 of title 40, United States Code,”.

11. 2007

    U.S. Capitol Police and Library of Congress Police Merger Implementation Act of 2007

    Pub. L. 110–161 § 1004(d)(1)(A) · 121 Stat. 1844

    Repealed · 2 U.S.C. § 1961(d)

    Pub. L. 110–161, § 1004(d)(1)(A), which made an amendment identical to that made by Pub. L. 110–178, was repealed by Pub. L. 111–145. See Effective Date of 2010 Amendment note below

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 110–161, § 1004(d)(1)(A), which made an amendment identical to that made by Pub. L. 110–178, was repealed by Pub. L. 111–145. See Effective Date of 2010 Amendment note below.

    Enacted provision · exact public law section
    (A) Extension of capitol police jurisdiction.— Section 9 of the Act entitled “An Act to define the area of the United States Capitol Grounds, to regulate the use thereof, and for other purposes”, approved July 31, 1946 (2 U.S.C. 1961) is amended by adding at the end the following: “(d) For purposes of this section, ‘United States Capitol Buildings and Grounds’ shall include the Library of Congress buildings and grounds described under section 11 of the Act entitled ‘An Act relating to the policing of the buildings of the Library of Congress’, approved August 4, 1950 (2 U.S.C. 167j), except that in a case of buildings or grounds not located in the District of Columbia, the authority granted to the Metropolitan Police Force of the District of Columbia shall be granted to any police force within whose jurisdiction the buildings or grounds are located.” .

    Effective date note
    Repeal of section 1004 of Pub. L. 110–161 by Pub. L. 111–145 effective as if included in the enactment of Pub. L. 110–161 and provisions amended by section 1004 of Pub. L. 110–161 to be restored as if such section had not been enacted, and repeal to have no effect on the enactment or implementation of any provision of Pub. L. 110–178, see section 6(d) of Pub. L. 111–145, set out as a note under section 1901 of this title.

12. 2008

    U.S. Capitol Police and Library of Congress Police Merger Implementation Act of 2007

    Pub. L. 110–178 § 4(a)(1) · 121 Stat. 2546

    Added · 2 U.S.C. § 1961(d)

    Pub. L. 110–178 added subsec. (d)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 110–178 added subsec. (d).

    Enacted provision · exact public law section
    (1) Extension of capitol police jurisdiction.— Section 9 of the Act entitled “An Act to define the area of the United States Capitol Grounds, to regulate the use thereof, and for other purposes”, approved July 31, 1946 (2 U.S.C. 1961) is amended by adding at the end the following: “(d) For purposes of this section, ‘United States Capitol Buildings and Grounds’ shall include the Library of Congress buildings and grounds described under section 11 of the Act entitled ‘An Act relating to the policing of the buildings of the Library of Congress’, approved August 4, 1950 (2 U.S.C. 167j), except that in a case of buildings or grounds not located in the District of Columbia, the authority granted to the Metropolitan Police Force of the District of Columbia shall be granted to any police force within whose jurisdiction the buildings or grounds are located.” .

    Effective date note
    Repeal of section 1004 of Pub. L. 110–161 by Pub. L. 111–145 effective as if included in the enactment of Pub. L. 110–161 and provisions amended by section 1004 of Pub. L. 110–161 to be restored as if such section had not been enacted, and repeal to have no effect on the enactment or implementation of any provision of Pub. L. 110–178, see section 6(d) of Pub. L. 111–145, set out as a note under section 1901 of this title.

13. 2010

    United States Capitol Police Administrative Technical Corrections Act of 2009

    Pub. L. 111–145 § 6(d)(1) · 124 Stat. 49

    Repealed · 2 U.S.C. § 1961(d)

    Pub. L. 111–145 repealed Pub. L. 110–161, § 1004(d)(1)(A). See 2007 Amendment note below

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 111–145 repealed Pub. L. 110–161, § 1004(d)(1)(A). See 2007 Amendment note below.

    Enacted provision · exact public law section
    (1) Repeal of duplicate provisions.— Effective as if included in the enactment of the Legislative Branch Appropriations Act, 2008 (Public Law 110–161), section 1004 of such Act is repealed, and any provision of law amended or repealed by such section is restored or revived to read as if such section had not been enacted into law.

    Effective date note
    Repeal of section 1004 of Pub. L. 110–161 by Pub. L. 111–145 effective as if included in the enactment of Pub. L. 110–161 and provisions amended by section 1004 of Pub. L. 110–161 to be restored as if such section had not been enacted, and repeal to have no effect on the enactment or implementation of any provision of Pub. L. 110–178, see section 6(d) of Pub. L. 111–145, set out as a note under section 1901 of this title.

10 of 16 references resolved to an enrolled provision · 6 partial