[Congressional Record Volume 148, Number 69 (Friday, May 24, 2002)]
[House]
[Pages H3039-H3064]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  2002 SUPPLEMENTAL APPROPRIATIONS ACT FOR FURTHER RECOVERY FROM AND 
           RESPONSE TO TERRORIST ATTACKS ON THE UNITED STATES

  Mr. HASTINGS of Washington. Mr. Speaker, by direction of the 
Committee on Rules, I call up House Resolution 431 ask for its 
immediate consideration.
  The Clerk read the resolution, as follows:

                              H. Res. 431

       Resolved, That immediately upon the adoption of this 
     resolution further consideration of the bill (H.R. 4775) 
     making supplemental appropriations for further recovery from 
     and response to terrorist attacks on the United States for 
     the fiscal year ending September 30, 2002, and for other 
     purposes, shall proceed in the House. The bill shall be 
     considered as read for amendment. In addition to the 
     amendments considered as adopted pursuant to House Resolution 
     428, the further amendments adopted in the Committee of the 
     Whole and the amendments printed in the report of the 
     Committee on Rules accompanying this resolution shall be 
     considered as adopted. The previous question shall be 
     considered as ordered on the bill, as amended, to final 
     passage without intervening motion except one motion to 
     recommit with or without instructions.

  The SPEAKER pro tempore. The gentleman from Washington (Mr. Hastings) 
is recognized for 1 hour.
  (Mr. HASTINGS of Washington asked and was given permission to revise 
and extend his remarks.)
  Mr. HASTINGS of Washington. Mr. Speaker, for the purpose of debate 
only, I yield the customary 30 minutes to the gentleman from Texas (Mr. 
Frost), pending which I yield myself such time as I may consume. During 
consideration of this resolution, all time yielded is for the purpose 
of debate only.
  Mr. Speaker, H. Res. 431 would provide for the further consideration 
of H.R. 4775, the 2002 Supplemental Appropriations Act for Further 
Recovery and Response to Terrorist Attacks on the United States.
  The rule provides that in addition to the amendments considered as 
adopted pursuant to House Resolution 428, the further amendments 
adopted in the Committee of the Whole and the

[[Page H3040]]

amendments printed in the report of the Committee on Rules accompanying 
this resolution shall be considered as adopted. That simply strikes 
four provisions in the bill that are in violation of House rule XXI.
  The rule further provides that the previous question shall be 
considered as ordered on the bill as amended to final passage without 
intervening motion except one motion to recommit, with or without 
instructions.
  Mr. Speaker, H.R. 4775 is a bipartisan emergency wartime supplemental 
for the fiscal year 2002. We are here tonight under these extraordinary 
circumstances due to the urgent need to complete this legislation and 
ensure that our men and women in uniform have the necessary funding to 
continue to fight the war on terrorism.
  Mr. Speaker, this is, again, an emergency supplemental. To ensure 
that all of my colleagues understand exactly why we are here tonight, I 
have brought a dictionary, ``Webster's New Collegiate Dictionary,'' to 
make sure there is no confusion as to what we are talking about.
  Let us look how this dictionary defines ``emergency'': (1) A serious 
situation or occurrence that happens unexpectedly and demands immediate 
attention; (2) A condition of urgent need for action or assistance.
  What about ``supplemental''? Let us see what the dictionary provides 
for that definition: (1) Something added to complete a thing, make up 
for a deficiency, or strengthen the whole.
  Clearly all of my colleagues understand that this legislation meets 
the test on both counts. September 11, 2001, was surely an emergency, 
and this legislation is urgently needed to supplement the military and 
ensure that we are able to fight and win this war. And, Mr. Speaker, 
this is indeed a war.
  This rule is necessary due to the extraordinary situation that the 
House was faced with. The Committee on Rules earlier granted an open 
rule, as we normally do on appropriations bills, with debate subject to 
the 5-minute rule. Any amendment that conformed with the regular rules 
of the House would have been in order.
  Unfortunately, we have been debating H.R. 4775 since 6:23 p.m. 
Wednesday with over 16 hours spent on this debate, and we have disposed 
of a mere five amendments.
  Regrettably, the other side of the aisle, perhaps not understanding 
the emergency and supplemental nature of this legislation, has slowed 
down this process. Therefore, we must come forward with a rule to 
ensure that this emergency legislation proceeds. To continue to delay 
will place in jeopardy the necessary funds to ensure that our men and 
women in uniform have the necessary resources to prosecute the war on 
terrorism, which we all support.
  Accordingly, Mr. Speaker, I encourage my colleagues to support H. 
Res. 431 and the underlying bipartisan emergency wartime supplemental.
  Mr. Speaker, I reserve the balance of my time.
  Mr. FROST. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, it is very late, so I will not mince words. Democrats 
are as eager to vote for the bill that came out of the Committee on 
Appropriation as Republicans are. The underlying bill is still a good, 
bipartisan measure that supports the war on terrorism and homeland 
security. But by resorting to extraordinary, arrogant, and deceptive 
procedures tonight, the Republican leadership has sunk to a new low.
  Mr. Speaker, the second rule is no better than the first rule the 
Committee on Rules reported out yesterday. Republicans are still using 
the war to hide from the American people their raid on Social Security. 
They are still trying to secretly turn your Social Security card into 
their credit card. They are still trying to charge billions of dollars 
more without even putting it through the credit card reader because 
they do not want a tell-tale receipt for their spending spree.
  The only change, Mr. Speaker, is that Republicans have resorted to 
outrageous procedures to completely shut off debate tonight. Let me say 
that again: to completely shut off debate. Simply put, they do not like 
the fact that Democrats are exposing their attempt to politicize the 
war, drive the Nation into deeper debt, and keep raiding Social 
Security.
  That is right, Mr. Speaker. As America prepares to celebrate Memorial 
Day, Republican leaders are shutting down democracy in the House of 
Representatives, and they are so ashamed that they waited until the 
cover of darkness to do it.
  Well, they should be ashamed. Right now, the brave men and women of 
the U.S. military are halfway across the globe fighting for freedom and 
democracy in Afghanistan, and tonight the Republican leadership is here 
in Washington stomping out democracy in the House of Representatives.
  But I suppose we should not be surprised, Mr. Speaker. After all, 
this has been a very bad 10 days for the Republican House. Republican 
leaders are scared to death by the vulnerability of their slim 
majority, so scared that they seem to be willing to do anything to 
cling to power. Last week, the press caught them using as a cheap fund-
raising prop an official photograph of the President taken on September 
11. That, I think we would all agree, was a disgraceful display of 
political opportunism, one that does a tremendous disservice to the 
President and the country. But Republicans never apologized to the 
American people, so I assume they are still selling a piece of 
September 11 in order to pay for their congressional campaigns.
  Then yesterday, Republican leaders brought their strategy of 
political war profiteering to the House floor. And they got caught once 
again. That was undoubtedly painful for the Republican leadership, Mr. 
Speaker; but it was good for the House, because it has given us one 
more chance to stop them from politicizing the war.
  Mr. Speaker, we all know it is wrong to use soldiers and seniors as 
political pawns. And we all know that that is precisely what this rule 
does.
  So I urge my Republican friends to join me in opposing this rule, to 
join me in urging Republican leaders to stop holding this wartime 
spending bill hostage. Then we can all vote together, as a unified 
House of Representatives, to pass the original bipartisan bill that 
Democrats and Republicans both support.
  Mr. Speaker, I reserve the balance of my time.
  Mr. HASTINGS of Washington. Mr. Speaker, I am pleased to yield 3 
minutes to the distinguished gentleman from Florida (Mr. Diaz-Balart), 
a member of the Committee on Rules.
  Mr. DIAZ-BALART. Mr. Speaker, I thank my colleague for yielding me 
time.
  Mr. Speaker, how unfortunate it is that our colleagues on the other 
side of the aisle are accusing us of, in the words of my friend, the 
gentleman from Texas (Mr. Frost), ``stomping out democracy,'' by 
bringing forth a rule to try to get a vote on a wartime supplemental 
appropriations bill.
  After 16 hours of dilatory tactics, after 16 hours of delaying 
motions, delaying motion after delaying motion, we are accused of 
stomping out democracy because we want this House before Memorial Day 
to vote on a wartime supplemental appropriations bill.
  I think it is most unfair for our colleagues on the other side of the 
aisle to adopt the attitude that they have adopted. The underlying 
legislation is extraordinarily needed. If there has ever been a need 
for legislation, it is to provide our men and women with the resources 
to continue to fight successfully, as they have, in defending this 
Nation, and to see hour after hour of dilatory tactics with absurd 
arguments, absurd arguments, which do not meet any test of the 
ridiculous. And to then accuse us, because we wish to get a vote on 
this wartime supplemental appropriations bill, to accuse us of stomping 
out democracy, is not serious; and it is not fair.
  I am reminded of the words of the Spanish philosopher Ortega y 
Gassett, who said that ``man is man plus his circumstances.'' I know 
that it is the circumstances of our friends on the other side of the 
aisle to be protesting. Perhaps it is the circumstances. The reality of 
the matter is that I know that our colleagues that are listening on 
their TV screens know that what we are doing is not only appropriate, 
but it is fair and it is necessary.
  So after 16 hours of dilatory tactics, after 16 hours of wasting the 
time of our colleagues, what we are telling our friends on the other 
side of the aisle is that it is time to vote to get the aid to our men 
and women in uniform.

[[Page H3041]]

                              {time}  0115

  Mr. FROST. Mr. Speaker, I yield myself 1 minute.
  Mr. Speaker, if the country of Cuba had a parliament or a 
legislature, they would be attempting to do exactly what the 
Republicans are doing tonight. They would give the dictator of that 
country the right to prevent that parliament from voting on an issue of 
whether or not to raise the debt, whether or not to put the country in 
debt. All we are asking for is the right to vote squarely on whether to 
put this country deeper in debt.
  The Dallas Morning Newspaper in my home city, a very conservative 
newspaper, editorialized today against what the Republicans are doing, 
saying, shame on them. The Congress should vote directly on the 
question of putting this country deeper in debt, something which this 
rule prohibits us and prevents us from doing, just as they would in the 
Cuban parliament if there happened to be one.
  Mr. Speaker, I yield 5 minutes to the gentleman from Wisconsin (Mr. 
Obey).
  Mr. OBEY. Mr. Speaker, since we are pretending that this is a new 
legislative day, I thought the least I could do is pretend that I had 
gone home and put on a different set of clothes and freshen up a bit, 
and I think we might as well continue the pretense for a while.
  This bill started out as a bipartisan wartime supplemental supported 
by both parties. Then, as they had previously done on so many other 
occasions, on patients' protection, on the energy bill, on airline 
security, on the Patriots Act, on pension reform and the welfare bill, 
the majority leadership decided to obliterate the legislative process. 
They discarded a bipartisan committee product, and they threw in 
unrelated partisan political items that characterized a full partisan 
agenda. They imposed a partisan unrelated budget resolution which 
pretends that they will spend $10 billion less next year than they are 
asking us to spend in this bill this year. They also slipped in without 
a vote a sleight-of-hand, hidden debt increase of $750 billion, and 
then they threw in enough special goodies for a few friends to get the 
votes to pass this shameful smorgasbord. They did it all to preserve 
their tax cut promises to the most well-off 2 percent of the 
population, promises that have turned surpluses into deficits as far as 
the eye can see, and deprived us of the dollars we need to strengthen 
Social Security and to make other crucial investments.
  Now, the debate the last two days has been to try to get them to make 
this a real legislative debate about real choices. Instead, they have 
taken abusive power to a new level. The new rule invents the fiction of 
a new legislative day to destroy the legislative process even further.
  What we are left with is not even a real debate. It is not even a 
real legislative product. This House is not behaving like a real 
legislative body. It has been turned into an ATM machine for the most 
privileged which stays in power by abusing the legislative process to 
avoid any real voting record.
  What a shame, when the legislative process is corrupted to polarize a 
product that should have been used to forge national unity. It belies 
the false pieties that we will undoubtedly hear tonight.
  Our friends on the other side may say they are doing the best they 
can. As my old friend, Archy the Cockroach would say, ``Hell's bells, 
Mehitabel. That is only an explanation. It is not an excuse.''
  Mr. HASTINGS of Washington. Mr. Speaker, I am pleased to yield 1 
minute to the gentleman from Alabama (Mr. Callahan).
  Mr. CALLAHAN. Mr. Speaker, if I could engage in a brief colloquy here 
to make a point of information. I know somewhere in that rule, all five 
of my amendments are included. My question is, are my amendments deemed 
to be in order?
  Mr. HASTINGS of Washington. Mr. Speaker, if the gentleman will yield, 
I would say to the gentleman from Alabama, we took all amendments under 
consideration and we have come forward on this floor with what we think 
is a very fair rule for everybody that submitted an amendment to the 
Committee on Rules.
  Mr. CALLAHAN. Mr. Speaker, a further inquiry here, since the 
gentleman has his Webster's dictionary here, would he look up and see 
if possibly I have been ``reemed'' instead of ``deemed.''
  Mr. HASTINGS of Washington. Mr. Speaker, I reserve the balance of my 
time.
  Mr. FROST. Mr. Speaker, I yield myself 30 seconds. Before the 
gentleman from Alabama leaves the floor, I would point out to the 
gentleman that I know where his amendments are. They are in the 
wastebasket up there in the Committee on Rules. They did not give the 
gentleman from Alabama a vote on any of his five amendments.
  Mr. Speaker, I yield one minute to the gentlewoman from California 
(Ms. Pelosi).
  Ms. PELOSI. Mr. Speaker, I thank the gentleman for yielding me this 
time.
  Mr. Speaker, on the eve of Memorial Day when we honor the heroes who 
made the supreme sacrifice for democracy, the Republicans are taking 
extraordinary efforts to shut off debate and stifle the democratic 
process. The Republican majority has desecrated a bill designed to 
support the troops, honor their mission, and help those affected so 
sadly by September 11. The Republicans dishonored this bill by their 
stealth attack on the Social Security fund.
  It is no wonder the Republicans are ashamed to vote in the light of 
day in public on their secret $750 billion increase in the debt 
ceiling, which is necessary, of course, to cover their tax break for 
the rich at the expense of America's seniors who depend on Social 
Security.
  Mr. Speaker, I urge my colleagues to vote against this closed rule, 
which is a sign of failure on the part of the Republicans to honor 
their commitment to the democratic process and to America's seniors.
  Mr. HASTINGS of Washington. Mr. Speaker, I am pleased to yield two 
minutes to the gentleman from California (Mr. Hunter).
  Mr. HUNTER. Mr. Speaker, this is a very serious process, and this 
process did not start here. It started in the battlefield in 
Afghanistan and in the fleet and in the expeditionary marine units that 
are engaged in war in a remote part of the world right now on behalf of 
the United States. What happens is the battlefield commanders send to 
their headquarters the requirements for those things that they need. 
They let them know if they need ammunition. They let them know if they 
need battlefield wound dressings. They let them know if they need spare 
parts. They send those things up through their chain of command and it 
comes up through the services and it comes up through the Pentagon and 
it is worked over by the folks who head the services, and they send it 
to the Subcommittee on Defense of the Committee on Appropriations, and 
they review it, and then we produce for the people who wear the uniform 
of the United States the equipment that they need to win the war.
  Now, that is what they have done, and that is what this bill gives 
them. It gives them bombs and ordnance. It gives them these JDAM 
munitions which are very accurate. It gives them the Predator attack 
vehicles which have proved so successful on the battlefields. It gives 
the infantry ammunition, and they are low on ammunition right now. It 
gives them M-60 helicopters. It gives them what they need right down to 
those battlefield wound dressings. That is what we give them.
  Now, we have had a great discussion today and every Member has had an 
opportunity to get up, Democrat or Republican, and give us his general 
views on the war, on life, on Memorial Day, on how we best remember 
those people who have served our country. The best way we can celebrate 
this Memorial Day is very simple. Let us give to our military folks the 
wherewithal to win this war. That is what we are doing. It is apparent 
that in doing this, we are going to have to go through a blockade, and 
this blockade has been a legislative blockade that has been put out 
here today. Let us roll the blockade. Let us supply the troops. This 
bill supplies the troops. Let us vote it up.
  Mr. FROST. Mr. Speaker, I yield myself 15 seconds. If I understand 
the last speaker correctly and the other speakers before him, too much 
democracy in defense of democracy is a bad thing.

[[Page H3042]]

  Mr. Speaker, I yield 2 minutes to the gentleman from Florida (Mr. 
Hastings).
  Mr. HASTINGS of Florida. Mr. Speaker, I thank the gentleman for 
yielding me this time. I would ask our friend from California what do 
29 and one-tenth million dollars in Members' personal projects have to 
do with the war on terrorism? Like Americans all over this great 
Nation, I strongly support, as do all of my colleagues, Democrats and 
Republicans, the expenditure of supplemental funds that will help our 
military win the battle against terrorism. However, I cannot help but 
note that in our patriotic fervor, we are jeopardizing the future for 
our children and grandchildren by passing on an additional $750 billion 
in debt. I can only hope that when history judges us and the decisions 
we make today are the bad ones we made yesterday, we are found wise and 
not ridiculous.
  In the area of the ridiculous, I have noticed several items within 
this supplemental that for the life of me I cannot tie to the war on 
terrorism. For example, do all of our colleagues know that there are 
these 25 plus million dollars in Members' projects? Do our colleagues 
know that the supplemental money that is out here is for certain 
hospitals and schools, but not for all of them? To paraphrase my good 
friend from New York (Mr. Rangel), are there any differences between a 
sick and uneducated child in Florida and one in Texas? What about the 
cuts in the bill? Do all of our colleagues realize that on page 99 of 
the bill, $300 million is authorized for the revitalization of section 
8 and section 202 senior housing are being rescinded? How about the 
cancellation of loan guarantees to our country's airlines? And do not 
tell me you did something. What you did was you protected grant money 
that is already gone, and you allowed loan guarantees for something 
that does not in the final analysis protect them.
  What happens to USAir? What happens to Spirit Air and perhaps United? 
What happens when their employees tomorrow wake up and find that they 
do not have a job?
  We did not get to do anything about election reform. I do not know 
whether my good friend and the dean of our delegation would have 
accepted my measure that I would have offered.
  What we wound up doing here is adopting a bill that did not allow 
debate on debt relief, and then adopting a rule that did not allow what 
we did not adopt. How crazy can you be?
  Mr. HASTINGS of Washington. Mr. Speaker, I reserve my time.
  Mr. FROST. Mr. Speaker, I yield two minutes to the gentleman from New 
Jersey (Mr. Menendez).
  Mr. MENENDEZ. Mr. Speaker, I rise to oppose this undemocratic rule, 
and I stand here today to honor our troops who are putting their lives 
on the line to defend our freedom and our way of life. We Democrats 
support funding the war on terrorism and homeland security, and if 
Republicans gave us a clean bill to fund just these efforts, we would 
have a unified House; a unified House.
  But instead of supporting our troops, Republicans are playing 
politics, the very worst type of politics, with the futures of the very 
people who are protecting us. And yes, there is an emergency here, and 
that is the $750 billion debt we are placing on America's children, 
seniors, families, and veterans.
  Yes, I stand here today to honor our troops who are on the front line 
for freedom and those who have fought in the past to secure the 
freedoms we enjoy. But this House has a responsibility to protect these 
American heroes, and that is what we intend to do. That is why we 
Democrats are trying to do everything in our power to prevent 
Republicans from mortgaging the future of our fighting men and women by 
saddling them with a debt that will take generations to pay off, a debt 
that will raid Social Security and Medicare.
  If my colleagues believe in this debt limit increase, if they believe 
in unbridled credit card spending, then vote for it and let those of us 
who oppose it vote against it and let the American people see who 
stands on what side.
  Yes, our troops are defending our freedom, and freedom is about 
openness and democracy and responsibility, little of which we are 
seeing from the Republican side today. Democracy is not about martial 
law. If you want to honor our troops, then do not saddle them and their 
families with a mountain of debt. You want to honor our veterans, then 
do not threaten their Social Security and do not seek cover behind the 
bravery and valor of our troops to hide your own lack of conviction. 
Give us a vote up or down on how high America's debt will be and let us 
see where the people will stand.
  Mr. Speaker, I yield back the $750 billion you have saddled on 
America's future.

                              {time}  0130

  Mr. FROST. Mr. Speaker, I yield 5 minutes to the distinguished 
gentleman from Pennsylvania (Mr. Murtha).
  Mr. MURTHA. Mr. Speaker, I have a problem here with the 16-hour 
delay. This supplemental has been sitting here for 2 months, and we got 
it up, and we complain about 16 hours' delay?
  The thing that worries me as much as anything is we have a shortfall 
on the National Guard of $1.8 billion. We have those National Guard 
deployed. We have 78,000 National Guard deployed throughout the 
country, National Guard and Reserve.
  We have taken the money out of that. The committee put it back in. 
The chairman of the committee could only squeeze back in $800 million. 
We are now short almost $1 billion for the National Guard. I am talking 
about the bill actually says we have to cut people on active duty by 
14,000 people in order to make up for the shortfall.
  Now, we say, okay, we are only talking here, or we are finagling 
around here in order to get through so we have enough money. But it 
sends a terrible signal to the troops that we do not have confidence 
and we are going to cut. In other words, when we vote for this rule, we 
have eliminated $800 million. We have not funded, I should say, $1.8 
billion to take care of people who are on active duty.
  The National Guard called and they were bananas about the fact that 
we were cutting the National Guard by $1.8 billion. We did the best we 
could do, and we put half the money back in. I am sure between the 
chairman, the ranking member, the chairmen of both committees, the 
ranking members, we will get that money back.
  But the difficulty is that here we are to get through this thing, to 
get it over to the Senate, and we are actually voting to cut back on 
troops that are on active duty right now. Then we get criticized for 16 
hours' debate, as if we are unpatriotic.
  I have been here 16 hours listening to all this rhetoric about how 
unpatriotic people are. This is not what this is all about. This is 
about money for the troops.
  The second thing, we have almost 8,000 employees in western 
Pennsylvania for USAir. I talked to the chairman about it; I talked to 
the chairman of the Republican political campaign. He has as much 
interest as I do, and the gentleman from Virginia (Mr. Moran) has as 
much interest as I do. We are talking about real people.
  We met today with the chairman of USAir. He is going to go bankrupt 
if this is not settled. Again, what have we done? We have taken money, 
or we put a limitation on the money. We thought we solved the problem, 
so USAir went to the banks. The banks said, no, this does not solve the 
problem. We will not be able to lend them money. So here we are tonight 
passing legislation which will mean that USAir could go bankrupt 
tomorrow or the next day.
  I am sure if the chairman calls them tomorrow and says, look, we are 
going to straighten this out in conference, the problem is the Senate 
has gone home and they have passed the same legislation. The exact same 
wording in the legislation says that there is a restriction, and the 
banks will not lend them the money.
  So we have a real problem here, for those of us who represent USAir. 
They have lost tremendous amounts of money in this latest disaster that 
we had. They shut down National for a long period of time. We 
restricted the flights all through the United States. We passed 
originally, when the height of this disaster occurred, we passed all 
kinds of money and said, this money is going to be available. All at 
once we put a restriction on when they can apply for a loan. It is 
disconcerting.
  The other thing we have done, when we talk about delaying a 
supplemental, the military has a difficult time. The chairman of the 
full committee can tell us this. Every time we delay a supplemental, it 
means they have to take

[[Page H3043]]

money out of the fourth quarter, the most inefficient way to operate 
when we do not get that money to the services on time.
  So here we are, and they said they needed the money in April. They 
are already borrowing money from the last quarter in order to pay the 
operating expenses for the military, the most inefficient way. 
Sometimes we cannot help it.
  I know there are problems with this bill, but we are sending a 
terrible signal to 14,000 National Guard people who have been on active 
duty for a period of time. We are sending a signal to USAir where we 
have 9,000 or 10,000 people in western Pennsylvania whose jobs may be 
in jeopardy. I hope we will be able to solve this thing.
  Most of the time, we can solve it in conference. But I worry as we go 
through the process, through the full committee, through the House, and 
then meeting with the Senate, that we will not be able to solve this 
problem because of the budgetary problem we have been putting ourselves 
in. I would ask the Members to vote against this rule and try to solve 
this problem.
  Mr. FROST. Mr. Speaker, I yield 1 minute to the gentleman from 
Washington (Mr. Dicks).
  Mr. DICKS. Mr. Speaker, if we all remember last year, the 
supplemental was delayed and delayed and delayed; and finally it got up 
here very, very late. In fact, I introduced a supplemental to try to 
encourage one to be set up by the administration.
  It is my understanding that this supplemental this year was delayed 
for 2 weeks because of the battle between the Department of Defense and 
OMB over this funding for the Guard and Reserve. So I would just say 
that the delay has been more on the side of the administration, its 
inability to get the supplemental up here on time. I think Congress has 
a right to debate this issue fully, particularly because of the 
extraneous matters that were added into this bill which should not have 
been here and were not here when it left the Committee on 
Appropriations.
  But to try and say that somehow we have delayed this unreasonably is 
just flat out wrong.
  Mr. FROST. Mr. Speaker, I yield 2 minutes to the gentleman from 
Virginia (Mr. Moran).
  Mr. MORAN of Virginia. Mr. Speaker, I hope that every Member of this 
body votes with his or her eyes open on this rule, because I was in 
discussions when USAirways was assured they would be taken care of. 
They are taken care of in this rule. This rule prevents our being able 
to take out language which terminates the loan guarantee program that 
USAirways has told us they need to prevent insolvency.
  Maybe it will not happen; maybe we will luck out. But from any of 
those Members that represent any one of those more than 200 cities 
served by this airline, this airline, that could not operate for 1 
month out of National Airport, where its headquarters is located, that 
had only partial service for 8 months, that now has 40,000 employees, 
many of whom have called Members' offices, wants all Members to know 
exactly what they are doing if they vote ``yes'' on this rule. They are 
voting to put them into jeopardy that may cause the loss of those jobs 
and the bankruptcy of that airline.
  It may not be the biggest issue, but certainly the underhanded way in 
which the debt ceiling is lifted and any number of the other issues 
that have been raised may be.
  But make no mistake what this rule does: it deliberately protects 
that provision which terminates the loan guarantee program, knowing 
that this airline was going to come in to get that loan and needed it 
by August. Many Members have been in those conversations, and they know 
exactly what they said. After all those assurances, we have turned our 
backs on them, and the Senate has, as well. If we go into conference, 
neither the House nor the Senate has allowed this.
  Mr. FROST. Mr. Speaker, I yield myself 15 seconds.
  Mr. Speaker, let us be very clear about what the people on the other 
side are arguing in favor of. They are arguing in favor of a 3-day 
week. They are complaining, oh, gee, we have spent 16 hours on that. We 
just finished Thursday. Most people work on Fridays. These folks do not 
want to work on Friday. They want a 3-day week, because we came in at 
6:30 on Monday evening.
  Mr. Speaker, I yield 2 minutes to the gentleman from Indiana (Mr. 
Roemer).
  (Mr. ROEMER asked and was given permission to revise and extend his 
remarks.)
  Mr. ROEMER. Mr. Speaker, we find ourselves here in the middle of the 
night voting on an emergency supplemental to help our brave Armed 
Forces fight and win a war because we were attacked; and 2,800 people, 
Americans, were killed in New York and at the Pentagon and in 
Pennsylvania.
  I have offered two amendments this evening on rules to try to get an 
amendment offered for an independent blue ribbon commission to look at 
what happened and why.
  I know we are going to win the war on terrorism, and I am so proud of 
the troops overseas. I know our intelligence community is going to 
continue to help us win this war and put people in jail overseas and 
freeze assets of the terrorists.
  But I think it is also so important for us to look back, figure out 
what went wrong, and move forward and fix the problems; not to create a 
political blame game, not to blame the Clinton administration or the 
Bush administration, but to fix what went wrong yesterday and make it 
right for tomorrow, so that we do not have 2,800 people lose their 
lives again.
  Eleven days after Pearl Harbor, President Roosevelt appointed a blue 
ribbon commission. The Senate is asking for an independent blue ribbon 
commission in a bipartisan way.
  Conservative Republican columnists like William Safire say that we 
need an independent commission. Let us move on it tomorrow. The Weekly 
Standard, a conservative Republican publication, says that we need one. 
So does George Will.
  As we fight this war in a bipartisan way together, let us fix the 
broken system, not to point at who dropped the ball, but to fix the 
system for America tomorrow. I hope we can work on this in a bipartisan 
way.
  Mr. FROST. Mr. Speaker, I yield 2 minutes to the gentleman from Texas 
(Mr. Doggett).
  Mr. DOGGETT. Mr. Speaker, the only emergency addressed by this rule 
is the one created when they were caught in a sleight-of-hand to 
greatly accelerate the national debt. Having been caught, our 
Republican friends have put a new twist on an old maxim: if you cannot 
say anything good, just do not say anything. Their twist is, they do 
not have anything to say good in their defense for jeopardizing Social 
Security and Medicare, so they do not want anyone else to say anything, 
either.
  They have used a harsh rule. They have used a rule and a tactic that 
is truly worthy of the parliament in some backwater dictatorship. This 
is really just the latest of outrages in this House, many of them that 
are best considered here late at night, best considered under the cover 
of darkness when the Republican leadership has something in which to 
hide its shame.
  Their scheming is so very bad tonight they do not even know what day 
it is. Indeed, I can tell the Members one thing: for Democrats in this 
House, it is a new day. We have had enough shenanigans. We have had 
enough gimmicks. We have had enough antics here in this House, and we 
are going to be back. We are going to be back throughout this session 
again and again. We are going to be working together. We are going to 
stand up and speak out forcefully for America.
  Mr. FROST. Mr. Speaker, I yield 2 minutes to the gentlewoman from 
Texas (Ms. Jackson-Lee).
  (Ms. JACKSON-LEE of Texas asked and was given permission to revise 
and extend her remarks.)
  Ms. JACKSON-LEE of Texas. Mr. Speaker, try as I may to believe that 
this is another day, in fact, this is actually a day of crimes against 
democracy, a masquerade, with legislation before us that is filled with 
the privileges of Republicans who have amendments to take back home to 
shine.
  We here today recognize that as we move towards Memorial Day, it will 
be a significant time for us. After September 11, we will honor both 
our dead as well as those who lost their lives on September 11. But 
what we will know most of all is that as we vote for this rule, for 
those who will, they will just

[[Page H3044]]

confirm that they will join the raiding of the Social Security surplus, 
$1.8 trillion to be raided between the years of 2003 and 2012.

                              {time}  0145

  That is what this rule stands for, a complete ignoring of the 
responsibility, not only of Republicans and Democrats, but Members of 
this House, the responsibility to the people of United States of 
America to ensure that we save Social Security. And then, as I said, 
that is crime against democracy.
  We had amendments, some two dozen of them. We did not do this bill. 
We only got up to part of title I to chapter 3, and there happens to be 
three titles. I had amendments. We seemed to be afraid to find out the 
facts.
  Nobody is pointing the finger at what happened. We would like to know 
what happened so we can not repeat this in the future. Here we have an 
FBI memorandum that talks about individuals who are learning in our 
flight schools across America, but yet we had nothing to occur with 
that memorandum. I had an amendment that I had hoped would have focused 
us on getting a report to Congress to find out what happened. And yet 
even though we know there were FBI memoranda throughout the summer 
talking about the potential of this horrific and terrible act, no one 
seems to know what happened to those memoranda. I had amendments to 
address that question along with many others. And yet the shame and 
sham against democracy, we have shut it down, and here we are today 
acting like we are doing some work.
  Mr. Speaker, I come before this honored House and the American people 
with a heavy heart. The questions surrounding what was known prior to 
September 11th continues to grow and multiply each day. It was 
discovered that in 1996 Philippine authorities notified the United 
States that Ramzi Yousef, the man behind the original 1993 World Trade 
Center bombing, was plotting to hijack an aircraft and crash it into 
CIA Headquarters in Langley, Virginia.
  Consequently the analysis in a recent disclosure that an FBI agent in 
the Phoenix Office recommended last summer that his superiors look for 
al Qaeda members training at U.S. flight schools. The memo said bin 
Laden followers could be planning to use the training for some sort of 
terrorism. Additionally FBI agents in Minnesota were working on a tip 
from a Minnesota flight school, arrested Zacarias Moussaoui, a French 
citizen of Moroccan descent who wanted to learn to fly, but not land, a 
747 airliner. The FBI's Minneapolis office was refused permission to 
search Moussaoui's laptop for clues. In a handwritten message, FBI 
Special Agent Kenneth Williams wrote that Moussaoui was the ``type of 
person that could fly something into the World Trade Center.'' On 
August 16, 2001, the Federal Aviation Administration issued a message 
on ``disguised weapons.''
  The combination of just these events shows the need for coordination 
and synchronization of efforts. We cannot leave an investigation of 
this matter to a behind-closed-doors review by the intelligence 
community and Intelligence Committees. Our concerns are not ones of 
public relations or politics, but of substance and a commitment to 
ensuring that similar errors are prevented in the future.
  This amendment will further the goal of requiring the DOJ to explain 
their procedures to Congress. The amendment does not require the FBI to 
disclose confidential sources or intelligence gathering techniques. 
Instead this amendment will provide Congress an opportunity to analyze 
coordination techniques.
  Support this amendment and provide the security these two girls and 
the American people need.
  Mr. FROST. Mr. Speaker, I yield two minutes to the gentleman from 
Washington (Mr. Baird).
  Mr. BAIRD. Mr. Speaker, a few moments ago the gentleman from Florida 
spoke with great flourish suggesting that the debate on the rules are 
manufactured and unimportant. Nothing could be further from the truth. 
In fact, rules are the way a civilized society governs its conduct. We 
teach our children to play by the rules. We teach them fairness.
  Mr. Jefferson saw the rules as a way of protecting the views of the 
minority against the abuses which the wantonness of power is too often 
apt to suggest to large and successful majorities, protecting the views 
of the minority for the good of the democracy against the wantonness of 
power which suggests itself to the majority.
  This may not be a sexy or glamourous topic for the American people, 
but it has to do with how your government functions. It has to do with 
the free exchange of ideas. Jefferson did not say the purpose of the 
rules is to allow the majority party to work its will without 
resistance. He said the purpose of the rules is to also protect the 
minority opinion against the wantonness of power of the majority.
  For too long, for too long this body has witnessed the wantonness of 
power manifested in the rules exercised by the majority. You may have 
the right to do that, but is it right to do that? Is it good for the 
country?
  Mr. Jefferson also asked the following: He asked if it makes sense 
for one generation to charge the next with a debt, because if it does 
charge the next generation with a debt larger than it can repay, than 
the Earth belongs to the dead, not the living.
  The rule question today was are we charging the next generation with 
a debt and thereby giving the Earth to the dead, not the living? Your 
rule is designed to stop that debate.
  Mr. HASTINGS of Washington. Mr. Speaker, how much is remaining?
  The SPEAKER pro tempore (Mr. Simpson). The gentleman from Washington 
(Mr. Hastings) has 20\1/2\ minutes remaining. The gentleman from Texas 
(Mr. Frost) has 1\1/2\ minutes remaining.
  Mr. HASTINGS of Washington. Mr. Speaker, I reserve the balance of my 
time.
  Mr. FROST. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I have been in this House for a while and I seem to 
remember a former Speaker of this House on the other side of the aisle 
standing up repeatedly when he was in the minority and talking about 
the corruption of the majority. Corruption. That was his word, not 
mine. And I think what we see here today is the exact same situation 
that Speaker Gingrich complained about repeatedly when talking about 
Democrats.
  We were in power for 40 years. He complained about the way we used 
our power. The Republicans have only been in power since 1995, for 
seven years. The Republican leadership, the Republican majority in this 
House, as evidenced by this rule today, is a corrupt majority.
  Mr. Speaker, I yield back the balance of my time.
  Mr. HASTINGS of Washington. Mr. Speaker, I yield such time as he may 
consume to the distinguished gentleman from California (Mr. Dreier), 
the chairman of the Committee on Rules, to close.
  Mr. DREIER. Mr. Speaker, that certainly was a charming assessment of 
the work product that we have here.
  Let me say what we are going to be doing right after we pass this 
rule with enthusiastic support from our side of the aisle. We are going 
to have something that did not exist when the wonderful party of Thomas 
Jefferson controlled this institution for the four decades before we 
won the majority in 1994. What we are going to have is a motion to 
recommit that will be offered by the minority party. How can it be 
called corrupt to guarantee a right to the minority?
  James Madison talked about that right as an extraordinarily important 
right. And I will tell you I was privileged to serve in this 
institution in the minority for 14 years before we won the majority; 
and I have been very proud to have fought for minority rights. And I am 
not going to accuse either side of being corrupt. And I will tell you 
that I am proud of what it is that we have done. What we did with this 
rule is we provided an open amendment process so that any germane 
amendment could be offered. We said that we could have a full and 
lively debate. Well, it ended up being nothing more lively, Mr. 
Speaker; and it was lively but not full; and it was not full because we 
had vote after vote after vote which clearly delayed the opportunities 
for us to, in fact, have the kind of opportunity to get the assistance 
to our men and women in uniform who desperately need it.
  And, yes, we have addressed a few other issues that we needed to 
address in this bill. That is what happens. And I do not think that any 
Member of the now-minority could stand up and say that when they were 
in the majority they did not address any of the concerns that existed 
for their Members.
  So, Mr. Speaker, I think it is very important for us to, on the eve 
of the

[[Page H3045]]

Memorial Day celebration, when most of us will be in our districts 
going to honor the men and women who have given their lives for the 
United States of America, to pass this rule and pass this very 
important wartime supplemental appropriations bill so that we can do 
what every single American and every freedom-loving human being on the 
face of the Earth wants to do, and that is to win this war.
  Mr. HASTINGS of Washington. Mr. Speaker, I yield back the balance of 
my time, and I move the previous question on the resolution.
  The previous question was ordered.
  The SPEAKER pro tempore. The question is on the resolution.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.
  Mr. FROST. Mr. Speaker, I object to the vote on the ground that a 
quorum is not present and make the point of order that a quorum is not 
present.
  The SPEAKER pro tempore. Evidently a quorum is not present.
  The Sergeant at Arms will notify absent Members.
  The vote was taken by electronic device, and there were--yeas 213, 
nays 201, not voting 21, as follows:

                             [Roll No. 204]

                               YEAS--213

     Aderholt
     Akin
     Armey
     Bachus
     Baker
     Ballenger
     Barr
     Bartlett
     Barton
     Bass
     Bereuter
     Biggert
     Bilirakis
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bono
     Boozman
     Brady (TX)
     Brown (SC)
     Bryant
     Burr
     Buyer
     Callahan
     Calvert
     Camp
     Cannon
     Cantor
     Capito
     Castle
     Chabot
     Chambliss
     Coble
     Collins
     Cooksey
     Cox
     Crane
     Crenshaw
     Cubin
     Culberson
     Cunningham
     Davis, Jo Ann
     Davis, Tom
     Deal
     DeLay
     DeMint
     Diaz-Balart
     Doolittle
     Dreier
     Duncan
     Dunn
     Ehlers
     Ehrlich
     Emerson
     English
     Everett
     Ferguson
     Flake
     Fletcher
     Foley
     Forbes
     Fossella
     Frelinghuysen
     Gallegly
     Ganske
     Gekas
     Gibbons
     Gilchrest
     Gillmor
     Gilman
     Goode
     Goodlatte
     Goss
     Graham
     Granger
     Graves
     Green (WI)
     Greenwood
     Grucci
     Gutknecht
     Hansen
     Hart
     Hastert
     Hastings (WA)
     Hayes
     Hayworth
     Herger
     Hilleary
     Hobson
     Hoekstra
     Horn
     Hostettler
     Houghton
     Hulshof
     Hunter
     Hyde
     Isakson
     Issa
     Istook
     Jenkins
     Johnson (CT)
     Johnson (IL)
     Johnson, Sam
     Jones (NC)
     Keller
     Kelly
     Kennedy (MN)
     Kerns
     King (NY)
     Kingston
     Kirk
     Knollenberg
     Kolbe
     LaHood
     Latham
     Leach
     Lewis (CA)
     Lewis (KY)
     LoBiondo
     Lucas (OK)
     Manzullo
     McCrery
     McHugh
     McInnis
     McKeon
     Mica
     Miller, Dan
     Miller, Gary
     Miller, Jeff
     Moran (KS)
     Morella
     Myrick
     Nethercutt
     Ney
     Northup
     Norwood
     Nussle
     Osborne
     Ose
     Otter
     Oxley
     Paul
     Pence
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Pombo
     Portman
     Pryce (OH)
     Putnam
     Quinn
     Ramstad
     Regula
     Rehberg
     Reynolds
     Riley
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Royce
     Ryan (WI)
     Ryun (KS)
     Saxton
     Schaffer
     Schrock
     Sensenbrenner
     Sessions
     Shadegg
     Shaw
     Shays
     Sherwood
     Shimkus
     Shuster
     Simmons
     Simpson
     Skeen
     Smith (MI)
     Smith (NJ)
     Smith (TX)
     Souder
     Stearns
     Stump
     Sullivan
     Sununu
     Sweeney
     Tancredo
     Tauzin
     Taylor (NC)
     Terry
     Thomas
     Thornberry
     Thune
     Tiahrt
     Tiberi
     Toomey
     Upton
     Walden
     Walsh
     Wamp
     Watkins (OK)
     Watts (OK)
     Weldon (FL)
     Weller
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Young (AK)
     Young (FL)

                               NAYS--201

     Abercrombie
     Ackerman
     Allen
     Andrews
     Baca
     Baird
     Baldacci
     Baldwin
     Barcia
     Barrett
     Becerra
     Bentsen
     Berkley
     Berman
     Berry
     Bishop
     Blagojevich
     Blumenauer
     Borski
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Brown (FL)
     Brown (OH)
     Capps
     Capuano
     Cardin
     Carson (IN)
     Carson (OK)
     Clayton
     Clement
     Clyburn
     Conyers
     Costello
     Coyne
     Cummings
     Davis (CA)
     Davis (FL)
     Davis (IL)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dicks
     Dingell
     Doggett
     Dooley
     Doyle
     Edwards
     Engel
     Eshoo
     Etheridge
     Evans
     Farr
     Fattah
     Filner
     Ford
     Frank
     Frost
     Gephardt
     Gonzalez
     Gordon
     Green (TX)
     Hall (OH)
     Hall (TX)
     Harman
     Hastings (FL)
     Hefley
     Hill
     Hilliard
     Hinchey
     Hinojosa
     Hoeffel
     Holden
     Holt
     Honda
     Hooley
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     John
     Johnson, E. B.
     Jones (OH)
     Kanjorski
     Kaptur
     Kennedy (RI)
     Kildee
     Kilpatrick
     Kind (WI)
     Kleczka
     Kucinich
     LaFalce
     Lampson
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Lee
     Levin
     Lewis (GA)
     Lofgren
     Lowey
     Lucas (KY)
     Luther
     Lynch
     Maloney (CT)
     Maloney (NY)
     Markey
     Mascara
     Matheson
     Matsui
     McCarthy (MO)
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McKinney
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Menendez
     Millender-McDonald
     Miller, George
     Mink
     Mollohan
     Moore
     Moran (VA)
     Murtha
     Nadler
     Napolitano
     Neal
     Oberstar
     Obey
     Olver
     Ortiz
     Owens
     Pallone
     Pascrell
     Pastor
     Payne
     Pelosi
     Peterson (MN)
     Phelps
     Pomeroy
     Price (NC)
     Rahall
     Rangel
     Reyes
     Rivers
     Rodriguez
     Roemer
     Ross
     Rothman
     Roybal-Allard
     Rush
     Sabo
     Sanchez
     Sanders
     Sandlin
     Sawyer
     Schakowsky
     Schiff
     Scott
     Serrano
     Sherman
     Shows
     Skelton
     Slaughter
     Smith (WA)
     Snyder
     Solis
     Spratt
     Stark
     Stenholm
     Strickland
     Stupak
     Tanner
     Tauscher
     Taylor (MS)
     Thurman
     Tierney
     Towns
     Turner
     Udall (CO)
     Udall (NM)
     Velazquez
     Visclosky
     Waters
     Watson (CA)
     Watt (NC)
     Waxman
     Weiner
     Wexler
     Woolsey
     Wu
     Wynn

                             NOT VOTING--21

     Bonior
     Burton
     Clay
     Combest
     Condit
     Cramer
     Crowley
     Deutsch
     Gutierrez
     LaTourette
     Linder
     Lipinski
     McIntyre
     Radanovich
     Roukema
     Thompson (CA)
     Thompson (MS)
     Traficant
     Vitter
     Weldon (PA)
     Whitfield

                              {time}  0215

  Mr. Kind changed his vote from ``yea'' to ``nay.''
  So the resolution was agreed to.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.
  The SPEAKER pro tempore (Mr. Simpson). Pursuant to House Resolution 
431, the House shall immediately proceed to further consideration of 
the bill (H.R. 4775) making supplemental appropriations for further 
recovery from and response to terrorist attacks on the United States 
for the fiscal year ending September 30, 2002, and for other purposes.
  The Clerk read the title of the bill.

                              {time}  0215

  The SPEAKER pro tempore (Mr. Simpson). Pursuant to House Resolution 
431, the bill is considered read for amendment. In addition to the 
amendments adopted pursuant to House Resolution 428, the amendments 
adopted in the Committee of the Whole and the amendments printed in 
House Report 107-486 are adopted.
  The text of H.R. 4775, as amended pursuant to House Resolution 428 
and House Resolution 431, is as follows:

                               H.R. 4775

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled, That the 
     following sums are appropriated, out of any money in the 
     Treasury not otherwise appropriated, for the fiscal year 
     ending September 30, 2002, and for other purposes, namely:

                  TITLE I--SUPPLEMENTAL APPROPRIATIONS

                               CHAPTER 1

                       DEPARTMENT OF AGRICULTURE

                   Food Safety and Inspection Service

       For an additional amount for ``Food Safety and Inspection 
     Service'', $2,000,000, to remain available until expended: 
     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 such Act.

                       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, 
     which shall be placed in reserve for use in only such 
     amounts, and in such manner, as the Secretary determines 
     necessary, notwithstanding section 17(i) of the Child 
     Nutrition Act.

               Animal and Plant Health Inspection Service


                         salaries and expenses

       For an additional amount for ``Animal and Plant Health 
     Inspection Service, Salaries and Expenses'', $10,000,000, to 
     remain available until expended, to assist in State efforts 
     to prevent and control transmissible spongiform 
     encephalopathy, including bovine spongiform encephalopathy, 
     chronic wasting disease, and scrapie, in farmed and free-
     ranging animals: Provided, That the entire amount shall be 
     available only to the extent an official budget request, that 
     includes

[[Page H3046]]

     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 such Act.

                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'', $18,000,000, to 
     remain available until expended: 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 such Act.
       Sec. 102. 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 $28,000,000 shall be available in fiscal 
     year 2002.

                               CHAPTER 2

                         DEPARTMENT OF JUSTICE

                         General Administration


                         salaries and expenses

       For an additional amount for ``Salaries and Expenses'' for 
     emergency expenses resulting from the September 11, 2001, 
     terrorist attacks, $5,750,000: 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.

                            Legal Activities


         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, $1,000,000, 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 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 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, $112,000,000, 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 $102,000,000 shall be available only to the 
     extent that an official budget request for a specific dollar 
     amount that includes the 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.

                 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, 
     $75,000,000, to remain available until expended: Provided, 
     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 the 
     entire amount is designated by the Congress 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 $40,000,000 shall be available only to 
     the extent that an official budget request for a specific 
     dollar amount that includes the 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 Justice Programs


                           justice assistance

       For an additional amount for ``Justice Assistance'' for 
     grants, cooperative agreements, and other assistance 
     authorized by sections 819 and 821 of the Antiterrorism and 
     Effective Death Penalty Act of 1996 and section 1014 of the 
     USA PATRIOT Act (Public Law 107-56) and for other counter-
     terrorism programs, including first responder training and 
     equipment to respond to acts of terrorism, including 
     incidents involving weapons of mass destruction or chemical 
     or biological weapons, $175,000,000, 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.

              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 of the Congress.

                         DEPARTMENT OF COMMERCE

             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, $4,000,000: 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.

            National Oceanic and Atmospheric Administration


                   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 during fiscal year 2002 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 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, $6,258,000, 
     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 $3,115,000 shall be available only to 
     the extent that an official budget request for a specific 
     dollar amount that includes the 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 of 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, $51,050,000, to remain 
     available until September 30, 2003: Provided, That the entire 
     amount is designated

[[Page H3047]]

     by the Congress 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, $20,000,000, 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 $10,000,000 shall be available only to 
     the extent that an official budget request for a specific 
     dollar amount that includes the 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.


            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, 
     $200,516,000, 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.

              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, 
     $43,000,000: 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.

                             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 the entire 
     amount is designated by the Congress 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 the entire amount is 
     designated by the Congress 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.

                            RELATED AGENCIES

                   Securities and Exchange Commission


                         salaries and expenses

       For an additional amount for ``Salaries and Expenses'' for 
     additional staffing to respond to increased needs for 
     enforcement and oversight of corporate finance, $20,000,000 
     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 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.

                           GENERAL PROVISIONS

       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, section 15 of the State Department Basic 
     Authorities Act of 1956, as amended, and section 504(a)(1) of 
     the National Security Act of 1947 (50 U.S.C. 414(a)(1)).
       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. 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 3

           DEPARTMENT OF DEFENSE--MILITARY 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'', $226,000,000, 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: Provided 
     further, That $119,000,000 shall be available only to the 
     extent that an official budget request for $119,000,000, 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.

                    Operation and Maintenance, Navy

       For an additional amount for ``Operation and Maintenance, 
     Navy'', $53,750,000, 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 $17,250,000 shall be available only to the 
     extent that an official budget request for $17,250,000, 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.

[[Page H3048]]

                  Operation and Maintenance, Air Force

       For an additional amount for ``Operation and Maintenance, 
     Air Force'', $60,500,000, 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 $19,500,000 shall be available only to the 
     extent that an official budget request for $19,500,000, 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.

                Operation and Maintenance, Defense-Wide

       For an additional amount for ``Operation and Maintenance, 
     Defense-Wide'', $751,975,000, to remain available for 
     obligation until September 30, 2003, of which $420,000,000 
     may be used, notwithstanding any other provision of law, for 
     payments to 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 
     accordance with standard accounting practices and procedures, 
     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 
     amounts for such payments shall be in addition to any other 
     funds that may be available for such purpose: Provided 
     further, That the entire amount is designated by the Congress 
     as an emergency requirement pursuant to section 251(b)(2)(A) 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985, as amended: Provided further, That $12,975,000 shall be 
     available only to the extent that an official budget request 
     for $12,975,000, 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.

                    Defense Emergency Response Fund


                     (including transfer of funds)

       For an additional amount for the ``Defense Emergency 
     Response Fund'', $12,693,972,000, 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 in this paragraph 
     only to appropriations for military personnel; operation and 
     maintenance; procurement; the Defense Health Program; and 
     working capital funds: Provided further, That notwithstanding 
     the preceding proviso, $100,000,000 of the funds provided 
     under this heading 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, such funds may be obligated to carry out 
     projects not otherwise authorized by law: 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 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 the entire amount is 
     designated by the Congress 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 $1,393,972,000 shall be available only to the 
     extent that an official budget request for $1,393,972,000 
     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.

                              PROCUREMENT

                        Other Procurement, Army

       For an additional amount for ``Other Procurement, Army'', 
     $79,200,000, to remain available for obligation until 
     September 30, 2004: Provided, That the entire amount is 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended.

                       Aircraft Procurement, Navy

       For an additional amount for ``Aircraft Procurement, 
     Navy'', $22,800,000, to remain available for obligation until 
     September 30, 2004: Provided, That the entire amount is 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended.

            Procurement of Ammunition, Navy and Marine Corps

       For an additional amount for ``Procurement of Ammunition, 
     Navy and Marine Corps'', $262,000,000, to remain available 
     for obligation until September 30, 2004: Provided, That the 
     entire amount is designated by the Congress as an emergency 
     requirement pursuant to section 251(b)(2)(A) of the Balanced 
     Budget and 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'', $129,500,000, 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: Provided 
     further, That $36,500,000 shall be available only to the 
     extent that an official budget request for $36,500,000, 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.

                  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'', $735,340,000, 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 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 $99,500,000 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.

               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'', $99,800,000, 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 $39,000,000 shall be available only to 
     the extent that an official budget request for $39,000,000, 
     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.

        Research, Development, Test and Evaluation, Defense-Wide

       For an additional amount for ``Research, Development, Test 
     and Evaluation, Defense-Wide'', $72,000,000, 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: Provided further, That

[[Page H3049]]

     $20,000,000 shall be available only to the extent that an 
     official budget request for $20,000,000, 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.

                    GENERAL PROVISIONS--THIS CHAPTER

       Sec. 301. (a) The appropriation under the heading 
     ``Research, Development, Test and Evaluation, Navy'' in the 
     Department of Defense Appropriations Act, 2002 (Public Law 
     107-117) is amended by adding the following proviso 
     immediately after ``September 30, 2003'': ``: Provided, That 
     funds appropriated in this paragraph which are available for 
     the V-22 may be used to meet unique requirements of the 
     Special Operations Forces''. (b) The amendment made by 
     subsection (a) shall be effective as if enacted as part of 
     the Department of Defense Appropriations Act, 2002.


                     (including transfer of funds)

       Sec. 302. During the current fiscal year, amounts in or 
     credited to the Defense Cooperation Account under 10 U.S.C. 
     2608(b) shall be available for transfer, obligation and 
     expenditure, consistent with the purposes for which such 
     amounts were contributed and accepted, by the Secretary of 
     Defense to such appropriations or funds of the Department of 
     Defense as the Secretary shall determine, to be merged with 
     and to be available for the same purposes and the same time 
     period as the appropriation or fund to which transferred: 
     Provided, That the Secretary shall provide written 
     notification to the congressional defense committees 30 days 
     prior to such transfer: Provided further, That this transfer 
     authority is in addition to any other transfer authority 
     available to the Department of Defense: 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 Secretary of Defense 
     shall report to the Congress quarterly all transfers made 
     pursuant to this authority.
       Sec. 303. During fiscal year 2002, the President may 
     continue to provide assistance to Russia under cooperative 
     threat reduction programs and under title V of the Freedom 
     Support Act (Public Law 102-511; 106 Stat. 3338) without 
     regard to the certification requirements in section 1203(d) 
     of the Cooperative Threat Reduction Act of 1993 (22 U.S.C. 
     5952 (d)) and section 502 of the Freedom Support Act (22 
     U.S.C. 5852) if the President submits to the Speaker of the 
     House of Representatives and the President pro tempore of the 
     Senate a certification that providing such assistance is 
     vital to the national security interests of the United 
     States.
       Sec. 304. Funds appropriated by this Act, or made available 
     by the transfer of funds in this Act, for intelligence 
     activities are deemed to be specifically authorized by the 
     Congress for purposes of section 504 of the National 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. 305. Section 8005 of the Department of Defense 
     Appropriations Act, 2002 (division A of Public Law 107-117; 
     115 Stat. 2247), is amended by striking ``May 1, 2002'' 
     before the period at the end and inserting ``June 15, 2002''.
       Sec. 306. (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. 307. (a) 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.
       (b) The provision shall also apply to unexpired balances 
     and assistance previously provided from prior years' Acts 
     available for purposes identified in subsection (a).
       (c) The authority in this section is in addition to 
     authorities currently available to provide assistance to 
     Colombia.
       Sec. 308. 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), $93,000,000, to remain available until September 
     30, 2004, is hereby appropriated to the Department of Defense 
     for the procurement of three MH-47 Chinook helicopters, as 
     follows: ``Aircraft Procurement, Army'', $63,000,000; and 
     ``Procurement, Defense-Wide'', $30,000,000: 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 for $93,000,000, 
     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.
       Sec. 309. 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), $100,000,000, 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 chemical agent destruction at 
     Department of Defense facilities in Aberdeen, Maryland, and 
     Newport, Indiana: 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 
     for $100,000,000, that includes designation of the entire 
     amount as an emergency requirement as defined in the Balanced 
     Budget and Emergency Deficit Control Act of 1985, as amended, 
     is transmitted by the President to the Congress.


                             (rescissions)

       Sec. 310. 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, $29,000,000; 
     and ``Procurement, Defense-Wide'', 2002/2004, $30,000,000.
       Sec. 311. Section 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. 312. Notwithstanding any other provision of law, not 
     to exceed $100,000,000, from appropriations available to the 
     Department of Defense from the ``Defense Emergency Response 
     Fund'', may be made available only to reimburse foreign 
     nations for the costs of goods, services, or use of 
     facilities provided in direct support of operations by U.S. 
     military forces in the global war on terrorism: Provided, 
     That such reimbursements shall be determined and paid in 
     accordance with standard accounting practices and procedures: 
     Provided further, That the Secretaries of Defense and State 
     shall jointly provide a written notification to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate 15 days prior to any proposed commitment and 
     obligation of funds pursuant to this section, describing each 
     proposed use of funds and the proposed sources of funds: 
     Provided further, That funds proposed for obligation pursuant 
     to the immediately preceding proviso shall not be made 
     available for obligation without the prior approval of the 
     Committees on Appropriations.

                               CHAPTER 4

                          District of Columbia

                       District of Columbia Funds

                           Operating Expenses

                          Division of Expenses

                   Governmental Direction and Support

       The paragraph under this heading in the District of 
     Columbia Appropriations Act, 2002 (Public Law 107-96) 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 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,

[[Page H3050]]

     2002, approved December 21, 2001 (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 and 
     $26,000,000 shall be for the Department of Mental Health.

                    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.

                        Administrative Provision

       Section 119(b) of the District of Columbia Appropriations 
     Act, 2002 (Public Law 107-96; 115 Stat. 950) is amended to 
     read as follows:
       ``(b) Requirement of Chief Financial Officer Report and 
     Council Approval.--
       ``(1) No such Federal, private, or other grant may be 
     accepted, obligated, or expended pursuant to subsection (a) 
     until--
       ``(A) the Chief Financial Officer of the District of 
     Columbia submits to the Council a report setting forth 
     detailed information regarding such grant; and
       ``(B) the Council has reviewed and approved the acceptance, 
     obligation, and expenditure of such grant.
       ``(2) For purposes of paragraph (1)(B), the Council shall 
     be deemed to have reviewed and approved the acceptance, 
     obligation, and expenditure of a grant if--
       ``(A) 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 
     paragraph (1)(A); or
       ``(B) 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 paragraph (1)(A).''.

                    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, approved January 10, 
     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, approved December 21, 2001 (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).

                               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 related to security at Corps 
     of Engineers facilities, $128,400,000, to remain available 
     until September 30, 2003: Provided, That the entire amount 
     shall be available only to the extent an official budget 
     request for $128,400,000, 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: 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.

                          DEPARTMENT OF ENERGY

                            Energy Programs

                                Science

       For an additional amount for ``Science'' for emergency 
     expenses necessary to support safeguards and security 
     activities, $29,000,000: Provided, That the entire amount 
     shall be available only to the extent an official budget 
     request for $29,000,000, 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.

                National Nuclear Security Administration

                           Weapons Activities

       For an additional amount for ``Weapons Activities'' for 
     emergency expense resulting from the September 11, 2001, 
     terrorist attacks, $125,400,000: Provided, That $106,000,000 
     shall be available only to the extent that 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 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.

                    Defense Nuclear Nonproliferation

       For an additional amount for ``Defense Nuclear 
     Nonproliferation'' for international safeguards activities, 
     $5,000,000: Provided, That the entire amount shall be 
     available only to the extent an official budget request for 
     $5,000,000, 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.

               Environmental and Other Defense Activities

         Defense Environmental Restoration and Waste Management

       For an additional amount for ``Defense Environmental 
     Restoration and Waste Management'' for emergency expenses 
     necessary to support safeguards and security activities, 
     $67,000,000: Provided, That the entire amount shall be 
     available only to the extent an official budget request for 
     $67,000,000, 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.

                  Defense Facilities Closure Projects

       For an additional amount for ``Defense Facilities Closure 
     Projects'' for emergency expense necessary to support 
     safeguards and security activities, $16,600,000: Provided, 
     That the entire amount shall be available only to the extent 
     an official budget request for $16,600,000, that includes 
     designation of the entire amount of the request as an 
     emergency requirement as defined in the Balanced Budget and 
     Emergency Deficit Control

[[Page H3051]]

     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.

                        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.

                               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 AIDS, tuberculosis, and malaria, $200,000,000, 
     to remain available until December 30, 2002: Provided, That 
     funds appropriated in this Act and in prior Acts under this 
     heading and under the heading ``Child Survival and Disease 
     Programs Fund'' and made available for the Global Fund to 
     Fight AIDS, Tuberculosis, and Malaria shall not exceed 40 
     percent of the total resources pledged by all donors to the 
     Global Fund for calendar year 2002: 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 provided 
     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.


                   International disaster assistance

       For an additional amount for ``International Disaster 
     Assistance'' for emergency expenses for activities related to 
     combating international terrorism, $190,000,000, 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 provided 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.


   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: 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, $460,000,000, 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 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.
       In addition, for an additional amount for ``Economic 
     Support Fund'', $250,000,000, to remain available until 
     September 30, 2003: Provided, That $200,000,000 of the funds 
     appropriated in this paragraph shall be made available for 
     assistance for Israel for activities relating to combating 
     international terrorism: Provided further, That $50,000,000 
     of the funds appropriated in this paragraph shall be 
     transferred to ``International Disaster Assistance'' to be 
     made available for humanitarian and refugee assistance for 
     the West Bank and Gaza: Provided further, That none of the 
     funds provided in the preceding proviso shall be available 
     for assistance for the Palestinian Authority: 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 
     provided 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.


    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 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.

                          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, 
     $120,000,000, 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.


                    migration and refugee assistance

       For an additional amount for ``Migration and Refugee 
     Assistance'' for emergency expenses for activities related to 
     combating international terrorism, $10,000,000, 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 provided 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, $83,000,000, 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.

                          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, $366,500,000: 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 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 September 30, 2003: Provided, That the entire amount of 
     designated by the Congress 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 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.

                    MULTILATERAL ECONOMIC ASSISTANCE

                  Funds Appropriated to the President


      special payments to the 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 hereby 
     rescinded.

                    GENERAL PROVISIONS--THIS CHAPTER

       Sec. 601. (a) 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

[[Page H3052]]

     United Self-Defense Forces of Colombia (AUC), and to take 
     actions to protect human health and welfare in emergency 
     circumstances, including undertaking rescue operations.
       (b) This provision shall also apply to unexpired balances 
     and assistance previously provided from prior years' Acts 
     available for the purposes identified in subsection (a).
       (c) The authority in this section is in addition to 
     authorities currently available to provide assistance to 
     Colombia.


                              (rescission)

       Sec. 602. Of the funds appropriated under the headings 
     ``Development Assistance'' and ``Economic Support Fund'' 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.


                        andean security strategy

       Sec. 603. (a) Not later than 30 days after the date of the 
     enactment of this Act, the President shall transmit to the 
     appropriate congressional committees a report on the United 
     States policy and strategy to assist Colombia as well as to 
     achieve a robust security environment in the Andean region.
       (b) The report required by subsection (a) shall address the 
     following:
       (1) The key objectives of the United States assistance to 
     the Government of Colombia.
       (2) The actions required of the United States to support 
     and achieve those objectives, as well as a time schedule and 
     cost estimates for implementing such actions.
       (3) The role of the United States in the efforts of the 
     Government of Colombia to provide security within the 
     country.
       (4) How the strategy regarding Colombia relates to and 
     affects the strategy of the United States to achieve regional 
     security between, and within, Andean countries, and how those 
     Andean countries are working with Colombia to achieve 
     regional security.
       (5) A strategy, time schedule, and cost estimates for 
     providing material, technical, and logistical support to the 
     Government of Colombia to assist it contain and eliminate the 
     threat which the United Self-Defense Forces (AUC) of Colombia 
     poses to the national security of that country.
       (6) A strategy to assist the Government of Colombia reach a 
     negotiated political solution to the internal conflict as 
     well as help it facilitate the design and implementation of a 
     comprehensive strategy which addresses the underlying socio-
     political sources of the insurgencies and paramilitary 
     counter-insurgency.
       (c) In this section, the term ``appropriate congressional 
     committees means--
       (1) the Committee on International Relations and the 
     Committee on Appropriations of the House of Representatives; 
     and
       (2) the Committee on Foreign Relations and the Committee on 
     Appropriations of the Senate.

                               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 these funds shall be available only to 
     the extent that an official budget request for a specific 
     dollar amount, that includes designation of the entire amount 
     as an emergency requirement as defined by such Act, is 
     transmitted by the President to the Congress.

                UNITED STATES FISH AND WILDLIFE SERVICE

                          Resource Management

       For an additional amount for ``Resource Management'', 
     $1,443,000, 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 these funds shall be available only to the 
     extent that an official budget request for a specific dollar 
     amount, that includes designation of the entire amount as an 
     emergency requirement as defined by such Act, 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 these funds shall be available only to 
     the extent that an official budget request for a specific 
     dollar amount, that includes designation of the entire amount 
     as an emergency requirement as defined by such Act, is 
     transmitted by the President to the Congress.

                              Construction

       For an additional amount for ``Construction'', $19,300,000, 
     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 these 
     funds shall be available only to the extent that an official 
     budget request for a specific dollar amount, that includes 
     designation of the entire amount as an emergency requirement 
     as defined by such Act, 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'', $25,700,000, 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 these funds shall be 
     available only to the extent that an official budget 
     request for a specific dollar amount, that includes 
     designation of the entire amount as an emergency 
     requirement as defined by such Act, 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 these funds shall be available only to 
     the extent that an official budget request for a specific 
     dollar amount, that includes designation of the entire amount 
     as an emergency requirement as defined by such Act, 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, $5,000,000 is 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 these funds shall be available only to the 
     extent that an official budget request for a specific dollar 
     amount, that includes designation of the entire amount as an 
     emergency requirement as defined by such Act, 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, $11,000,000, 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 these 
     funds shall be available only to the extent that an official 
     budget request for a specific dollar amount, that includes 
     designation of the entire amount as an emergency requirement 
     as defined by such Act, is transmitted by the President to 
     the Congress.

                              Construction

       For an additional amount for ``Construction'', for 
     emergency security expenses, $2,000,000, 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 these funds shall be available only to the 
     extent that an official budget request for a specific dollar 
     amount, that includes designation of the entire amount as an 
     emergency requirement as defined by such Act, 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

[[Page H3053]]

     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 the 
     purchase of fuel supplies.
       Sec. 704. 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 where 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 that 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 firefighter, the sending country 
     or any organization associated with the firefighter shall be 
     subject to any action whatsoever pertaining to or arising out 
     of fighting fires.
       Sec. 705. Hereafter, for purposes of section 7 of the 
     Endangered Species Act of 1973 (16 U.S.C. 1536), the 
     Secretary of Defense may be held responsible for water 
     consumption that occurs on a military installation (or 
     outside of military installation but under the direct 
     authority and control of the Secretary). The Secretary of 
     Defense is not responsible for water consumption that occurs 
     outside of a military installation and is beyond the direct 
     authority and control of the Secretary of Defense even 
     through the water is derived from a watershed basin shared by 
     the military installation and the water consumption outside 
     of the installation may impact a critical habitat or 
     endangered species outside the installation.

                               CHAPTER 8

                          DEPARTMENT OF LABOR

                 Employment and Training Administration

                    Training and Employment Services

       For an additional amount for ``Training and Employment 
     Services'', $300,000,000, to remain available through 
     September 30, 2003; of which not less than $190,000,000 is 
     available for carrying out sections 171(d) and 173 of the 
     Workforce Investment Act of 1998, except that not more than 
     $20,000,000 may be used for carrying out section 171(d); and 
     of which $110,000,000, to remain available through June 30, 
     2002, is available for carrying out section 132(a)(2)(B) of 
     such Act: Provided, That notwithstanding sections 
     132(b)(2)(B) and 133(b)(2)(B) of such Act, such funds for 
     carrying out section 132(a)(2)(B) shall be allotted and 
     allocated in a manner that restores to the affected States 
     and local workforce investment areas the $110,000,000 that 
     was subject to rescission under Public Law 107-20: 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 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 Congress.

                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''.

               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 by the Congress 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 these funds shall be available only to the 
     extent that an official budget request, that designates the 
     entire amount of the request as an emergency requirement as 
     defined in such Act, is transmitted by the President to the 
     Congress.

                     National Institutes of Health

                        Buildings and Facilities


                              (rescission)

       Of the funds provided under this heading in Public Law 107-
     116, $30,000,000 is rescinded.

                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 such amount is designated by 
     the Congress as an emergency requirement pursuant to section 
     251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985: Provided further, That such 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, is 
     transmitted by the President to the Congress.

                        DEPARTMENT OF EDUCATION

                      School Improvement Programs

       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; H. 
     Rpt. 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 $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 TEAMS program to prepare teachers to meet the 
     demands of Maine's 21st century elementary and middle 
     schools, $50,000'';
       (3) 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'';
       (4) 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'';
       (5) 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'';
       (6) 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'';
       (7) 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'';
       (8) 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'';
       (9) 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.'';
       (10) 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'';
       (11) 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

[[Page H3054]]

     as follows: ``American Theater Arts for Youth, Inc., for a 
     Mississippi Arts in Education program, $150,000''; and
       (12) 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''.

                      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; H. 
     Rept. 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'' for 
     ``International''; and
       (2) 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''.

                               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.

                          Library of Congress

                            Copyright Office


                         salaries and expenses

       For an additional amount for necessary expenses of the 
     Copyright Office, $7,500,000: Provided, That such amount is 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985.

                              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 be disbursed by the Capitol Police Board or 
     their delegee: Provided, That this amount shall be available 
     only to the extent that an official budget request, that 
     includes designation of the amount as an emergency 
     requirement, as defined in the Balanced Budget and Emergency 
     Deficit Control Act of 1985, is transmitted by the President 
     to Congress: Provided further, That such amount is designated 
     by the Congress as an emergency requirement pursuant to 
     section 251(b)(2)(A) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985.

                       Administrative Provisions

       Sec. 901. (a) There is hereby established in the Treasury 
     of the United States an account for the Architect of the 
     Capitol to be known as ``capitol police buildings'' 
     (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 of the United States Capitol 
     Police.
       (c) This section shall apply with respect to fiscal year 
     2002 and each succeeding fiscal year. Any amounts provided to 
     the Architect of the Capitol prior to the date of the 
     enactment of this Act for the maintenance, care, and 
     operation of buildings of the United States Capitol Police 
     during fiscal year 2002 shall be transferred to the account.
       Sec. 902. (a) Subject to the approval of the House Office 
     Building Commission and the Senate Committee on Rules and 
     Administration, the Architect of the Capitol is authorized to 
     acquire (through purchase, lease, transfer from another 
     Federal entity, or otherwise) real property, subject to the 
     availability of appropriations, 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.
       Sec. 903. (a) Chapter 9 of the Emergency Supplemental Act, 
     2002 (Public Law 107-117; 115 Stat. 2315), is amended--
       (1) in section 903 (a), by striking ``buildings and 
     facilities'' and insert ``buildings and facilities, subject 
     to the availability of appropriations,''.
       (b) Section 9 of the Act of July 31, 1946 (40 U.S.C. 212a), 
     is amended by redesignating the subsection (b) added by 
     section 903(c)(2) of the Emergency Supplemental Act, 2002, as 
     subsection (c).
       (c) The amendment made by this section shall take effect as 
     if included in the enactment of the Emergency Supplemental 
     Act, 2002.
       Sec. 904. Nothing in section 1535 of title 31, United 
     States Code (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) In General.--Section 313 of the Legislative 
     Branch Appropriations Act, 2001 (2 U.S.C. 1151), as enacted 
     by reference in section 1(a)(2) of the Consolidated 
     Appropriations Act, 2001, is amended--
       (1) by redesignating subsections (c) through (h) as 
     subsections (d) through (i); and
       (2) by inserting after subsection (b) the following new 
     subsection:
       ``(c) Russian Exchange Program for American Leadership.--
       ``(1) In general.--In addition to the program established 
     under subsection (b), the Center shall establish a program to 
     carry out activities (including the awarding of grants) to 
     enable emerging political leaders of the Federal Government 
     and State and local governments to visit the Russian 
     Federation to study the operation of political institutions, 
     business organizations, and nongovernmental organizations of 
     the Russian Federation.
       ``(2) Administration.--The provisions of paragraphs (3) and 
     (4) of subsection (b) shall apply with respect to the program 
     under this subsection in the same manner as such provisions 
     apply to the program under subsection (b).''.
       (b) Conforming Amendments.--Section 313 of such Act (2 
     U.S.C. 1151) is amended--
       (1) in subsection (b)(1), by striking the period at the end 
     and inserting the following: ``, and to establish and 
     administer the program described in subsection (c).''.; and
       (2) in subsection (i)(2) (as redesignated by subsection 
     (a)(1)), by striking ``Subsection (g)'' and inserting 
     ``Subsection (h)''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect October 1, 2001.
       Sec. 906. (a) The Librarian of Congress and the Director of 
     the Congressional Research Service shall take such steps as 
     may be necessary to ensure that all materials of the 
     Congressional Research Service which are provided and 
     available to Members of Congress and officers and employees 
     of the House of Representatives and Senate at the United 
     States Capitol and Congressional office buildings (including 
     materials provided through electronic means) may be provided 
     and available to such individuals in the same manner and to 
     the same extent at all other locations where such individuals 
     carry out their official duties.
       (b) This section shall apply to materials of the 
     Congressional Research Service which are provided and 
     available at any time after the date of the enactment of this 
     Act.
       Sec. 907. (a) The Architect of the Capitol is authorized, 
     subject to the availability of appropriations, to acquire 
     (through purchase, lease, or otherwise) buildings and 
     facilities for use as computer backup facilities (and related 
     uses) for offices in the legislative branch.
       (b) The acquisition of a building or facility under 
     subsection (a) shall be subject to the approval of--
       (1) the House Office Building Commission, in the case of a 
     building or facility acquired for the use of an office of the 
     House of Representatives;
       (2) the Committee on Rules and Administration of the 
     Senate, in the case of a building or facility acquired for 
     the use of an office of the Senate; or
       (3) the House Office Building Commission in the case of a 
     building or facility acquired for the use of any other office 
     in the legislative branch as part of a joint facility with 
     (1) above, or the Committee on Rules and Administration of 
     the Senate, in the case of a building or facility acquired 
     for the use of any other office in the legislative branch as 
     part of a joint facility with (2) above.
       (c) Any building or facility acquired by the Architect of 
     the Capitol pursuant to subsection (a) shall be a part of the 
     United States Capitol Grounds and shall be subject to the 
     provisions of the Act entitled ``An Act to define the area of 
     the United States Capitol Grounds, to regulate the use 
     thereof, and for other purposes'', approved July 31, 1946.
       (d) 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'', $8,505,000, to remain available until September 30, 
     2006: Provided, That the entire amount is designated

[[Page H3055]]

     by the Congress 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 for a specific dollar amount 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, 
     Defense-wide'', $21,500,000, to remain available until 
     September 30, 2006: Provided, That the entire amount is 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended: Provided 
     further, That the entire amount shall be available only to 
     the extent an official budget request for a specific dollar 
     amount 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.

                               CHAPTER 11

                      DEPARTMENT OF TRANSPORTATION

                        OFFICE OF THE SECRETARY

              Transportation Administrative Service Center

       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

       For additional amounts for emergency expenses arising to 
     implement the Federal takeover of airport security, 
     $3,850,000,000, 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 
     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, $850,000,000;
       (2) Procurement of explosive detection systems, including 
     explosive trace detection systems, for checked baggage 
     screening, $630,000,000;
       (3) Reimbursement of air carriers for installation of 
     intrusion-resistant cockpit doors, $25,000,000;
       (4) Competitive grants to critical national seaports to 
     finance the costs of enhancing facility and operational 
     security, $75,000,000;
       (5) Reimbursement to airports for State and local law 
     enforcement officers, $75,000,000;
       (6) Procurement of air-ground communications systems and 
     devices for the Federal air marshal program, $20,000,000;
       (7) Additional funding for the Department of Transportation 
     Crisis Management Center, to improve transportation emergency 
     response coordination, $2,100,000; and
       (8) Replacement of magnetometers at airport passenger 
     screening locations in commercial service airports, 
     $20,000,000:
     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: Provided further, That of such amount, 
     $1,545,000,000 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.

                            U.S. COAST GUARD

                           Operating Expenses

       For an additional amount for ``Operating Expenses'' for 
     emergency expenses for homeland security and other purposes, 
     $210,000,000, 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, $21,000,000 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.

              Acquisition, Construction, and Improvements

       For an additional amount for ``Acquisition, Construction, 
     and Improvements'' for emergency expenses for homeland 
     security and other purposes, $78,000,000: 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: 
     Provided further, That of such amount, $12,000,000 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.

                    FEDERAL AVIATION ADMINISTRATION

                               Operations


                          (transfer of funds)

       For an additional amount for ``Operations,'' up to 
     $25,000,000, to remain available until September 30, 2002, 
     for security activities at Federal Aviation Administration 
     facilities, to be derived by transfer from ``Facilities and 
     Equipment (Airport and Airway Trust Fund)''.

                       Grants-in-Aid for Airports

       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, $200,000,000, 
     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 such amount 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.

                     FEDERAL HIGHWAY ADMINISTRATION

                          Federal-Aid Highways

                        Emergency Relief Program


                          (highway trust fund)

       For an additional amount for the ``Emergency Relief 
     Program'', as authorized by 23 U.S.C. 125, for emergency 
     expenses to respond to natural disasters or catastrophic 
     failures from external causes, $167,000,000, to be derived 
     from the Highway Trust Fund and to remain available until 
     expended, for the State of New York to respond to the 
     September 11, 2001, terrorist attacks on New York City: 
     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 
     notwithstanding 23 U.S.C. 120(e), the Federal share for any 
     project on a Federal-aid highway related to the New York City 
     terrorist attacks shall be 100 percent: Provided further, 
     That notwithstanding 23 U.S.C. 125(d)(1), the Secretary of 
     Transportation may obligate more than $100,000,000 for 
     those projects.

              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 such amount 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.

                     FEDERAL TRANSIT ADMINISTRATION

                       Capital Investment Grants

       For an additional amount for ``Capital Investment Grants'' 
     for emergency expenses to

[[Page H3056]]

     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 one 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.
       Sec. 1102. Section 335 of Public Law 107-87 is hereby 
     amended by inserting ``or the Transportation Security 
     Administration'' after ``the Federal Aviation 
     Administration'' and by inserting ``, aviation security'' 
     after ``air navigation''.
       Sec. 1103. After the date of enactment of this Act, no 
     further Federal credit instruments may be issued pursuant to 
     section 101(a)(1) of the Air Transportation Safety and System 
     Stabilization Act in fiscal year 2002.

                               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 such amount is 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985: Provided further, That 
     such 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, is transmitted by the President to the Congress.

                      United States Secret Service


                         salaries and expenses

       For an additional amount for ``Salaries and Expenses'' for 
     expenses of expanded protective and investigative workload 
     following the September 11, 2001 terrorist attacks against 
     the United States, $46,750,000, to remain available until 
     September 30, 2003, Provided, That such amount is designated 
     by the Congress as an emergency requirement pursuant to 
     section 251(b)(2)(A) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985: Provided further, That such 
     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, 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'' 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 Management and Budget


                         salaries and expenses

                              (rescission)

       Of the funds made available under this heading in Public 
     Law 107-67, $750,000 are rescinded.


          election administration reform and related expenses

                     (including transfer of funds)

       For necessary expenses for the implementation of election 
     administration reform, and related expenses, $450,000,000, to 
     remain available until expended: Provided, That such amount 
     shall not be available for obligation until the enactment of 
     legislation that establishes programs for improving the 
     administration of elections: Provided further, That, upon the 
     enactment of such legislation, the Director of the Office of 
     Management and Budget shall transfer the specific amounts 
     authorized, for the purposes designated, to the Federal 
     entities specified by such legislation, and according to the 
     provisions established in H.R. 3295, as passed by the House 
     of Representatives on December 12, 2001: Provided further, 
     That, within 15 days of such transfers, the Director of the 
     Office of Management and Budget shall notify the 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 legislation: 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.

                          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, 
     $51,800,000: Provided, That such amount is designated by the 
     Congress as an emergency requirement pursuant to section 
     251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.

                    GENERAL PROVISIONS--THIS CHAPTER

       Sec. 1201. (a) 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 is rescinded.
       (b) Effective Date.--Subsection (a) shall be effective June 
     30, 2002.
       (c) Supplemental Appropriation.--For an additional amount 
     for ``Internal Revenue Service, Business Systems 
     Modernization'', there is appropriated the amount rescinded 
     pursuant to subsection (a), 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.
       Sec. 1202. 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. 1203. (a) The Federal Law Enforcement Training Center 
     may, for a period ending not later than 5 years after the 
     date of the enactment of this Act, appoint and maintain a 
     cadre of up to 250 Federal annuitants--(1) without regard to 
     any provision of title 5, United States Code, which might 
     otherwise require the application of competitive hiring 
     procedures; and (2) who shall not be subject to any reduction 
     in pay (for annuity allocable to the period of actual 
     employment) under the provisions of section 8344 or 8468 of 
     such title 5 or similar provision of any other retirement 
     system for employees. A reemployed Federal annuitant as to 
     whom a waiver of reduction under paragraph (2) applies shall 
     not, for any period during which such waiver is in effect, be 
     considered an employee for purposes of subchapter III of 
     chapter 83 or chapter 84 of title 5, United States Code, or 
     such other retirement system (referred to in paragraph (2)) 
     as may apply.
       (b) No appointment under this section may be made which 
     would result in the displacement of any employee.
       (c) For purposes of this section--
       (1) the term ``Federal annuitant'' means an employee who 
     has retired under the Civil Service Retirement System, the 
     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.

                               CHAPTER 13

                     DEPARTMENT OF VETERANS AFFAIRS

                     Veterans Health Administration


                              medical care

       For an additional amount for ``Medical care'', 
     $417,000,000: Provided, That the funds provided herein be 
     allocated using the VERA methodology: Provided further, That 
     for the purposes of enabling the collection from third-party 
     insurance carriers for non-service related medical care of 
     veterans, all Department of Veterans Affairs healthcare 
     facilities are hereby certified as Medicare and Medicaid 
     providers and the Centers for Medicare and Medicaid Services 
     within the Department of Health and Human Services shall 
     issue each 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.

[[Page H3057]]

              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, $300,000,000 is hereby 
     rescinded: Provided, That any such balances governed by 
     reallocation provisions under the statute authorizing the 
     program for which the funds were originally appropriated 
     shall not be available for this rescission.

                   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, $750,000,000, 
     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 such Act 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 thee 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 five 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 five 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 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 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''.

                            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 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.

            Agency for Toxic Substances and Disease Registry


                         salaries and expenses

       For an additional amount for ``Salaries and Expenses'', 
     $11,300,000, 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.

                    Environmental Protection Agency


                   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 number 
     91 and inserting ``for Carrolton Utilities ($500,000), City 
     of Williamston ($100,000) and Pendleton County Industrial 
     Authority ($400,000)''.
       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''.

                  Federal Emergency Management Agency


                            Disaster Relief

       For an additional amount for ``Disaster relief'' for 
     necessary expenses 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.), $2,750,000,000 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 notwithstanding any other provision of 
     law, the Texas Medical Center may be provided FEMA Public 
     Assistance and Hazard Mitigation grants as an agent for 
     eligible applicants.


                  disaster assistance for unmet needs

       For an additional amount for ``Disaster assistance for 
     unmet needs'', $23,320,000, 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

[[Page H3058]]

     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 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 by 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.


              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, $151,700,000 to remain available until September 30, 
     2002: 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 
     administration, 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.

                               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 and 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.
       Sec. 1403. Section 3101 of title 31, United States Code, is 
     amended by adding at the end the following new subsection:
       ``(d) The United States Government shall take all steps 
     necessary to guarantee the full faith and credit of the 
     Government.''.

     SEC. 1404. TREATMENT OF CERTAIN COUNTIES FOR PURPOSES OF 
                   REIMBURSEMENT UNDER THE MEDICARE PROGRAM.

       (a) Reclassification of Certain Pennsylvania Counties.--
       (1) In general.--Notwithstanding any other provision of 
     law, effective for discharges occurring during fiscal year 
     2003, for purposes of making payments under subsections (d) 
     and (j) of section 1886 of the Social Security Act (42 U.S.C. 
     1395ww) to hospitals (including rehabilitation hospitals and 
     rehabilitation units under such subsection (j))--
       (A) in Lackawanna, Luzerne, Wyoming, Lyncoming, and 
     Columbia Counties, Pennsylvania, such counties are deemed to 
     be located in the Newburgh, New York-PA Metropolitan 
     Statistical Area; and
       (B) in Mercer County, Pennsylvania, such county is deemed 
     to be located in Youngston-Warren, Ohio Metropolitan 
     Statistical Area.
       (2) Rules.--The reclassifications made under paragraph (1) 
     with respect to a subsection (d) hospital shall be treated as 
     a decision of the Medicare Geographic Classification Review 
     Board under paragraph (10) of section 1886(d) of the Social 
     Security Act (42 U.S.C. 1395ww(d)).
       (b) Large Urban Area of New York.--Notwithstanding any 
     other provision of law, effective for discharges occurring on 
     or after October 1, 2002, and before October 1, 2005, for 
     purposes of making payments under section 1886(d) of the 
     Social Security Act (42 U.S.C. 1395ww(d)) the large urban 
     area of New York, New York is deemed to include Orange 
     County, New York, and Dutchess County, New York.

     SEC. 1405. AMENDMENTS TO THE CARIBBEAN BASIN ECONOMIC 
                   RECOVERY ACT.

       Section 213(b)(2)(A) of the Caribbean Basin Economic 
     Recovery Act (title II of Public Law 98-67; 19 U.S.C. 
     2703(b)(2)(A)) is amended--
       (1) in clause (i), by adding at the end the following: 
     ``Apparel articles shall qualify under the preceding sentence 
     only if all dyeing, printing, and finishing of the fabrics 
     from which the articles are assembled, if the fabrics are 
     knit fabrics, is carried out in the United States. Apparel 
     articles shall qualify under the first sentence of this 
     clause only if all dyeing, printing, and finishing of the 
     fabrics from which the articles are assembled, if the fabrics 
     are woven fabrics, is carried out in the United States.''; 
     and
       (2) in clause (ii), by adding at the end the following: 
     ``Apparel articles shall qualify under the preceding sentence 
     only if all dyeing, printing, and finishing of the fabrics 
     from which the articles are assembled, if the fabrics are 
     knit fabrics, is carried out in the United States. apparel 
     articles shall qualify under the first sentence of this 
     clause only if all dyeing, printing, and finishing of the 
     fabrics from which the articles are assembled, if the fabrics 
     are woven fabrics, is carried out in the United States.''.
       (b) Andean Trade Preference Act.--Any duty-free or other 
     preferential treatment provided under the Andean Trade 
     Preference Act to apparel articles assembled from fabric 
     formed in the United States shall apply to such articles only 
     if all dyeing, printing, and finishing of the fabrics from 
     which the articles are assembled if the fabrics are knit 
     fabrics, is carried out in the United States. Any duty-free 
     or other preferential treatment provided under the Andean 
     Trade Preference Act to apparel articles assembled from 
     fabric formed in the United States shall apply to such 
     articles only if all dyeing, printing, and finishing of the 
     fabrics from which the articles are assembled, if the fabrics 
     are woven fabrics, is carried out in the United States.
       (c) Effective Date.--Subsection (b) and the amendments made 
     by subsection (a) shall take effect--
       (1) 90 days after the date of the enactment of this Act, or
       (2) September 1, 2002,
     whichever occurs first.

     SEC. 1406

       Congress shall take all steps necessary to ensure that 
     section 5402 of Title 39, United States Code is amended to 
     allow the United States Postal Service to tender non-priority 
     bypass mail to mainline carriers who carry mainline non-
     priority bypass mail.
       Congress shall take all steps necessary to ensure that 
     section 5402 of Title 39, United States Code is further 
     amended to allow the United States Postal Service to tender 
     non-priority bypass mail to bush carriers, on a route not 
     served by a mainline carriers or between two bush points, 
     Carriers are encouraged to upgrade their operating 
     certificates and increase passenger service. Carriers who 
     make these changes may be tendered a greater percentage of 
     non-priority bypass mail.
       Congress shall take all steps necessary to ensure that The 
     Secretary of the Department of Transportation sets non-
     priority bypass mail rate as is deemed necessary to continue 
     the bypass mail service.
       The requirements of these provisions will only be in effect 
     in the State of Alaska.

          TITLE II--AMERICAN SERVICE- MEMBERS' PROTECTION ACT

     SEC. 2001. SHORT TITLE.

       This title may be cited as the ``American Servicemembers' 
     Protection Act of 2002''.

     SEC. 2002. FINDINGS.

       Congress makes the following findings:
       (1) On July 17, 1998, the United Nations Diplomatic 
     Conference of Plenipotentiaries on the Establishment of an 
     International Criminal Court, meeting in Rome, Italy, adopted 
     the ``Rome Statute of the International Criminal Court''. The 
     vote on whether to proceed with the statute was 120 in favor 
     to 7 against, with 21 countries abstaining. The United States 
     voted against final adoption of the Rome Statute.
       (2) As of April 30, 2001, 139 countries had signed the Rome 
     Statute and 30 had ratified

[[Page H3059]]

     it. Pursuant to Article 126 of the Rome Statute, the statute 
     will enter into force on the first day of the month after the 
     60th day following the date on which the 60th country 
     deposits an instrument ratifying the statute.
       (3) Since adoption of the Rome Statute, a Preparatory 
     Commission for the International Criminal Court has met 
     regularly to draft documents to implement the Rome Statute, 
     including Rules of Procedure and Evidence, Elements of 
     Crimes, and a definition of the Crime of Aggression.
       (4) During testimony before the Congress following the 
     adoption of the Rome Statute, the lead United States 
     negotiator, Ambassador David Scheffer stated that the United 
     States could not sign the Rome Statute because certain 
     critical negotiating objectives of the United States had not 
     been achieved. As a result, he stated: ``We are left with 
     consequences that do not serve the cause of international 
     justice.''
       (5) Ambassador Scheffer went on to tell the Congress that: 
     ``Multinational peacekeeping forces operating in a country 
     that has joined the treaty can be exposed to the Court's 
     jurisdiction even if the country of the individual 
     peacekeeper has not joined the treaty. Thus, the treaty 
     purports to establish an arrangement whereby United States 
     armed forces operating overseas could be conceivably 
     prosecuted by the international court even if the United 
     States has not agreed to be bound by the treaty. Not only is 
     this contrary to the most fundamental principles of treaty 
     law, it could inhibit the ability of the United States to use 
     its military to meet alliance obligations and participate in 
     multinational operations, including humanitarian 
     interventions to save civilian lives. Other contributors to 
     peacekeeping operations will be similarly exposed.''.
       (6) Notwithstanding these concerns, President Clinton 
     directed that the United States sign the Rome Statute on 
     December 31, 2000. In a statement issued that day, he stated 
     that in view of the unremedied deficiencies of the Rome 
     Statute, ``I will not, and do not recommend that my successor 
     submit the Treaty to the Senate for advice and consent until 
     our fundamental concerns are satisfied''.
       (7) Any American prosecuted by the International Criminal 
     Court will, under the Rome Statute, be denied procedural 
     protections to which all Americans are entitled under the 
     Bill of Rights to the United States Constitution, such as the 
     right to trial by jury.
       (8) Members of the Armed Forces of the United States should 
     be free from the risk of prosecution by the International 
     Criminal Court, especially when they are stationed or 
     deployed around the world to protect the vital national 
     interests of the United States. The United States Government 
     has an obligation to protect the members of its Armed Forces, 
     to the maximum extent possible, against criminal prosecutions 
     carried out by the International Criminal Court.
       (9) In addition to exposing members of the Armed Forces of 
     the United States to the risk of international criminal 
     prosecution, the Rome Statute creates a risk that the 
     President and other senior elected and appointed officials of 
     the United States Government may be prosecuted by the 
     International Criminal Court. Particularly if the Preparatory 
     Commission agrees on a definition of the Crime of Aggression 
     over United States objections, senior United States officials 
     may be at risk of criminal prosecution for national security 
     decisions involving such matters as responding to acts of 
     terrorism, preventing the proliferation of weapons of mass 
     destruction, and deterring aggression. No less than members 
     of the Armed Forces of the United States, senior officials of 
     the United States Government should be free from the risk of 
     prosecution by the International Criminal Court, especially 
     with respect to official actions taken by them to protect the 
     national interests of the United States.
       (10) Any agreement within the Preparatory Commission on a 
     definition of the Crime of Aggression that usurps the 
     prerogative of the United Nations Security Council under 
     Article 39 of the charter of the United Nations to 
     ``determine the existence of any . . . . act of aggression'' 
     would contravene the charter of the United Nations and 
     undermine deterrence.
       (11) It is a fundamental principle of international law 
     that a treaty is binding upon its parties only and that it 
     does not create obligations for nonparties without their 
     consent to be bound. The United States is not a party to the 
     Rome Statute and will not be bound by any of its terms. The 
     United States will not recognize the jurisdiction of the 
     International Criminal Court over United States nationals.

     SEC. 2003. WAIVER AND TERMINATION OF PROHIBITIONS OF THIS 
                   TITLE.

       (a) Authority To Initially Waive Sections 5 and 7.--The 
     President is authorized to waive the prohibitions and 
     requirements of sections 2005 and 2007 for a single period of 
     one year. A waiver under this subsection may be issued only 
     if the President at least 15 days in advance of exercising 
     such authority--
       (1) notifies the appropriate congressional committees of 
     the intention to exercise such authority; and
       (2) determines and reports to the appropriate congressional 
     committees that the International Criminal Court has entered 
     into a binding agreement that--
       (A) prohibits the International Criminal Court from seeking 
     to exercise jurisdiction over the following persons with 
     respect to actions undertaken by them in an official 
     capacity:
       (i) covered United States persons;
       (ii) covered allied persons; and
       (iii) individuals who were covered United States persons or 
     covered allied persons; and
       (B) ensures that no person described in subparagraph (A) 
     will be arrested, detained, prosecuted, or imprisoned by or 
     on behalf of the International Criminal Court.
       (b) Authority To Extend Waiver of Sections 5 and 7.--The 
     President is authorized to waive the prohibitions and 
     requirements of sections 2005 and 2007 for successive periods 
     of one year each upon the expiration of a previous waiver 
     pursuant to subsection (a) or this subsection. A waiver under 
     this subsection may be issued only if the President at least 
     fifteen days in advance of exercising such authority--
       (1) notifies the appropriate congressional committees of 
     the intention to exercise such authority; and
       (2) determines and reports to the appropriate congressional 
     committees that the International Criminal Court--
       (A) remains party to, and has continued to abide by, a 
     binding agreement that--
       (i) prohibits the International Criminal Court from seeking 
     to exercise jurisdiction over the following persons with 
     respect to actions undertaken by them in an official 
     capacity:

       (I) covered United States persons;
       (II) covered allied persons; and
       (III) individuals who were covered United States persons or 
     covered allied persons; and

       (ii) ensures that no person described in clause (i) will be 
     arrested, detained, prosecuted, or imprisoned by or on behalf 
     of the International Criminal Court; and
       (B) has taken no steps to arrest, detain, prosecute, or 
     imprison any person described in clause (i) of subparagraph 
     (A).
       (c) Authority To Waive Sections 4 and 6 With Respect to an 
     Investigation or Prosecution of a Named Individual.--The 
     President is authorized to waive the prohibitions and 
     requirements of sections 2004 and 2006 to the degree such 
     prohibitions and requirements would prevent United States 
     cooperation with an investigation or prosecution of a named 
     individual by the International Criminal Court. A waiver 
     under this subsection may be issued only if the President at 
     least 15 days in advance of exercising such authority--
       (1) notifies the appropriate congressional committees of 
     the intention to exercise such authority; and
       (2) determines and reports to the appropriate congressional 
     committees that--
       (A) a waiver pursuant to subsection (a) or (b) of the 
     prohibitions and requirements of sections 2005 and 2007 is in 
     effect;
       (B) there is reason to believe that the named individual 
     committed the crime or crimes that are the subject of the 
     International Criminal Court's investigation or prosecution;
       (C) it is in the national interest of the United States for 
     the International Criminal Court's investigation or 
     prosecution of the named individual to proceed; and
       (D) in investigating events related to actions by the named 
     individual, none of the following persons will be 
     investigated, arrested, detained, prosecuted, or imprisoned 
     by or on behalf of the International Criminal Court with 
     respect to actions undertaken by them in an official 
     capacity:
       (i) Covered United States persons.
       (ii) Covered allied persons.
       (iii) Individuals who were covered United States persons or 
     covered allied persons.
       (d) Termination of Waiver Pursuant to Subsection (c).--Any 
     waiver or waivers exercised pursuant to subsection (c) of the 
     prohibitions and requirements of sections 2004 and 2006 shall 
     terminate at any time that a waiver pursuant to subsection 
     (a) or (b) of the prohibitions and requirements of sections 
     2005 and 2007 expires and is not extended pursuant to 
     subsection (b).
       (e) Termination of Prohibitions of This Title.--The 
     prohibitions and requirements of sections 2004, 2005, 2006, 
     and 2007 shall cease to apply, and the authority of section 
     2008 shall terminate, if the United States becomes a party to 
     the International Criminal Court pursuant to a treaty made 
     under article II, section 2, clause 2 of the Constitution of 
     the United States.

     SEC. 2004. PROHIBITION ON COOPERATION WITH THE INTERNATIONAL 
                   CRIMINAL COURT.

       (a) Application.--The provisions of this section--
       (1) apply only to cooperation with the International 
     Criminal Court and shall not apply to cooperation with an ad 
     hoc international criminal tribunal established by the United 
     Nations Security Council before or after the date of the 
     enactment of this Act to investigate and prosecute war crimes 
     committed in a specific country or during a specific 
     conflict; and
       (2) shall not prohibit--
       (A) any action permitted under section 2008; or
       (B) communication by the United States of its policy with 
     respect to a matter.
       (b) Prohibition on Responding to Requests for 
     Cooperation.--Notwithstanding section 1782 of title 28, 
     United States Code, or any other provision of law, no United 
     States Court, and no agency or entity of any State or local 
     government, including any court, may cooperate with the 
     International

[[Page H3060]]

     Criminal Court in response to a request for cooperation 
     submitted by the International Criminal Court pursuant to the 
     Rome Statute.
       (c) Prohibition on Transmittal of Letters Rogatory From the 
     International Criminal Court.--Notwithstanding section 1781 
     of title 28, United States Code, or any other provision of 
     law, no agency of the United States Government may transmit 
     for execution any letter rogatory issued, or other request 
     for cooperation made, by the International Criminal Court to 
     the tribunal, officer, or agency in the United States to whom 
     it is addressed.
       (d) Prohibition on Extradition to the International 
     Criminal Court.--Notwithstanding any other provision of law, 
     no agency or entity of the United States Government or of any 
     State or local government may extradite any person from the 
     United States to the International Criminal Court, nor 
     support the transfer of any United States citizen or 
     permanent resident alien to the International Criminal Court.
       (e) Prohibition on Provision of Support to the 
     International Criminal Court.--Notwithstanding any other 
     provision of law, no agency or entity of the United States 
     Government or of any State or local government, including any 
     court, may provide support to the International Criminal 
     Court.
       (f) Prohibition on Use of Appropriated Funds To Assist the 
     International Criminal Court.--Notwithstanding any other 
     provision of law, no funds appropriated under any provision 
     of law may be used for the purpose of assisting the 
     investigation, arrest, detention, extradition, or prosecution 
     of any United States citizen or permanent resident alien by 
     the International Criminal Court.
       (g) Restriction on Assistance Pursuant to Mutual Legal 
     Assistance Treaties.--The United States shall exercise its 
     rights to limit the use of assistance provided under all 
     treaties and executive agreements for mutual legal assistance 
     in criminal matters, multilateral conventions with legal 
     assistance provisions, and extradition treaties, to which the 
     United States is a party, and in connection with the 
     execution or issuance of any letter rogatory, to prevent the 
     transfer to, or other use by, the International Criminal 
     Court of any assistance provided by the United States under 
     such treaties and letters rogatory.
       (h) Prohibition on Investigative Activities of Agents.--No 
     agent of the International Criminal Court may conduct, in the 
     United States or any territory subject to the jurisdiction of 
     the United States, any investigative activity relating to a 
     preliminary inquiry, investigation, prosecution, or other 
     proceeding at the International Criminal Court.

     SEC. 2005. RESTRICTION ON UNITED STATES PARTICIPATION IN 
                   CERTAIN UNITED NATIONS PEACEKEEPING OPERATIONS.

       (a) Policy.--Effective beginning on the date on which the 
     Rome Statute enters into force pursuant to Article 126 of the 
     Rome Statute, the President should use the voice and vote of 
     the United States in the United Nations Security Council to 
     ensure that each resolution of the Security Council 
     authorizing any peacekeeping operation under chapter VI of 
     the charter of the United Nations or peace enforcement 
     operation under chapter VII of the charter of the United 
     Nations permanently exempts, at a minimum, members of the 
     Armed Forces of the United States participating in such 
     operation from criminal prosecution or other assertion of 
     jurisdiction by the International Criminal Court for actions 
     undertaken by such personnel in connection with the 
     operation.
       (b) Restriction.--Members of the Armed Forces of the United 
     States may not participate in any peacekeeping operation 
     under chapter VI of the charter of the United Nations or 
     peace enforcement operation under chapter VII of the charter 
     of the United Nations, the creation of which is authorized by 
     the United Nations Security Council on or after the date that 
     the Rome Statute enters into effect pursuant to Article 126 
     of the Rome Statute, unless the President has submitted to 
     the appropriate congressional committees a certification 
     described in subsection (c) with respect to such operation.
       (c) Certification.--The certification referred to in 
     subsection (b) is a certification by the President that--
       (1) members of the Armed Forces of the United States are 
     able to participate in the peacekeeping or peace enforcement 
     operation without risk of criminal prosecution or other 
     assertion of jurisdiction by the International Criminal Court 
     because, in authorizing the operation, the United Nations 
     Security Council permanently exempted, at a minimum, members 
     of the Armed Forces of the United States participating in the 
     operation from criminal prosecution or other assertion of 
     jurisdiction by the International Criminal Court for actions 
     undertaken by them in connection with the operation;
       (2) members of the Armed Forces of the United States are 
     able to participate in the peacekeeping or peace enforcement 
     operation without risk of criminal prosecution or other 
     assertion of jurisdiction by the International Criminal Court 
     because each country in which members of the Armed Forces of 
     the United States participating in the operation will be 
     present either is not a party to the International Criminal 
     Court and has not invoked the jurisdiction of the 
     International Criminal Court pursuant to Article 12 of the 
     Rome Statute, or has entered into an agreement in accordance 
     with Article 98 of the Rome Statute preventing the 
     International Criminal Court from proceeding against members 
     of the Armed Forces of the United States present in that 
     country; or
       (3) the national interests of the United States justify 
     participation by members of the Armed Forces of the United 
     States in the peacekeeping or peace enforcement operation.

     SEC. 2006. PROHIBITION ON DIRECT OR INDIRECT TRANSFER OF 
                   CLASSIFIED NATIONAL SECURITY INFORMATION AND 
                   LAW ENFORCEMENT INFORMATION TO THE 
                   INTERNATIONAL CRIMINAL COURT.

       (a) In General.--Not later than the date on which the Rome 
     Statute enters into force, the President shall ensure that 
     appropriate procedures are in place to prevent the transfer 
     of classified national security information and law 
     enforcement information to the International Criminal Court 
     for the purpose of facilitating an investigation, 
     apprehension, or prosecution.
       (b) Indirect Transfer.--The procedures adopted pursuant to 
     subsection (a) shall be designed to prevent the transfer to 
     the United Nations and to the government of any country that 
     is party to the International Criminal Court of classified 
     national security information and law enforcement information 
     that specifically relates to matters known to be under 
     investigation or prosecution by the International Criminal 
     Court, except to the degree that satisfactory assurances are 
     received from the United Nations or that government, as the 
     case may be, that such information will not be made available 
     to the International Criminal Court for the purpose of 
     facilitating an investigation, apprehension, or prosecution.
       (c) Construction.--The provisions of this section shall not 
     be construed to prohibit any action permitted under section 
     2008.

     SEC. 2007. PROHIBITION OF UNITED STATES MILITARY ASSISTANCE 
                   TO PARTIES TO THE INTERNATIONAL CRIMINAL COURT.

       (a) Prohibition of Military Assistance.--Subject to 
     subsections (b) and (c), and effective one year after the 
     date on which the Rome Statute enters into force pursuant to 
     Article 126 of the Rome Statute, no United States military 
     assistance may be provided to the government of a country 
     that is a party to the International Criminal Court.
       (b) National Interest Waiver.--The President may, without 
     prior notice to Congress, waive the prohibition of subsection 
     (a) with respect to a particular country if he determines and 
     reports to the appropriate congressional committees that it 
     is important to the national interest of the United States to 
     waive such prohibition.
       (c) Article 98 Waiver.--The President may, without prior 
     notice to Congress, waive the prohibition of subsection (a) 
     with respect to a particular country if he determines and 
     reports to the appropriate congressional committees that such 
     country has entered into an agreement with the United States 
     pursuant to Article 98 of the Rome Statute preventing the 
     International Criminal court from proceeding against United 
     States personnel present in such country.
       (d) Exemption.--The prohibition of subsection (a) shall not 
     apply to the government of--
       (1) a NATO member country;
       (2) a major non-NATO ally (including Australia, Egypt, 
     Israel, Japan, Jordan, Argentina, the Republic of Korea, and 
     New Zealand); or
       (3) Taiwan.

     SEC. 2008. AUTHORITY TO FREE MEMBERS OF THE ARMED FORCES OF 
                   THE UNITED STATES AND CERTAIN OTHER PERSONS 
                   DETAINED OR IMPRISONED BY OR ON BEHALF OF THE 
                   INTERNATIONAL CRIMINAL COURT.

       (a) Authority.--The President is authorized to use all 
     means necessary and appropriate to bring about the release of 
     any person described in subsection (b) who is being detained 
     or imprisoned by, on behalf of, or at the request of the 
     International Criminal Court.
       (b) Persons Authorized To Be Freed.--The authority of 
     subsection (a) shall extend to the following persons:
       (1) Covered United States persons.
       (2) Covered allied persons.
       (3) Individuals detained or imprisoned for official actions 
     taken while the individual was a covered United States person 
     or a covered allied person, and in the case of a covered 
     allied person, upon the request of such government.
       (c) Authorization of Legal Assistance.--When any person 
     described in subsection (b) is arrested, detained, 
     investigated, prosecuted, or imprisoned by, on behalf of, or 
     at the request of the International Criminal Court, the 
     President is authorized to direct any agency of the United 
     States Government to provide--
       (1) legal representation and other legal assistance to that 
     person (including, in the case of a person entitled to 
     assistance under section 1037 of title 10, United States 
     Code, representation and other assistance in the manner 
     provided in that section);
       (2) exculpatory evidence on behalf of that person; and
       (3) defense of the interests of the United States through 
     appearance before the International Criminal Court pursuant 
     to Article 18 or 19 of the Rome Statute, or before the courts 
     or tribunals of any country.
       (d) Bribes and Other Inducements Not Authorized.--This 
     section does not authorize the payment of bribes or the 
     provision of

[[Page H3061]]

     other such incentives to induce the release of a person 
     described in subsection (b).

     SEC. 2009. ALLIANCE COMMAND ARRANGEMENTS.

       (a) Report on Alliance Command Arrangements.--Not later 
     than 6 months after the date of the enactment of this Act, 
     the President should transmit to the appropriate 
     congressional committees a report with respect to each 
     military alliance to which the United States is party--
       (1) describing the degree to which members of the Armed 
     Forces of the United States may, in the context of military 
     operations undertaken by or pursuant to that alliance, be 
     placed under the command or operational control of foreign 
     military officers subject to the jurisdiction of the 
     International Criminal Court because they are nationals of a 
     party to the International Criminal Court; and
       (2) evaluating the degree to which members of the Armed 
     Forces of the United States engaged in military operations 
     undertaken by or pursuant to that alliance may be exposed to 
     greater risks as a result of being placed under the command 
     or operational control of foreign military officers subject 
     to the jurisdiction of the International Criminal Court.
       (b) Description of Measures To Achieve Enhanced Protection 
     for Members of the Armed Forces of the United States.--Not 
     later than one year after the date of the enactment of this 
     Act, the President should transmit to the appropriate 
     congressional committees a description of modifications to 
     command and operational control arrangements within military 
     alliances to which the United States is a party that could be 
     made in order to reduce any risks to members of the Armed 
     Forces of the United States identified pursuant to subsection 
     (a)(2).
       (c) Submission in Classified Form.--The report under 
     subsection (a), and the description of measures under 
     subsection (b), or appropriate parts thereof, may be 
     submitted in classified form.

     SEC. 2010. WITHHOLDINGS.

       Funds withheld from the United States share of assessments 
     to the United Nations or any other international organization 
     during any fiscal year pursuant to section 705 of the Admiral 
     James W. Nance and Meg Donovan Foreign Relations 
     Authorization Act, Fiscal Years 2000 and 2001 (as enacted by 
     section 1000(a)(7) of Public Law 106-113; 113 Stat. 1501A-
     460), are authorized to be transferred to the Embassy 
     Security, Construction and Maintenance Account of the 
     Department of State.

     SEC. 2011. APPLICATION OF SECTIONS 2004 AND 2006 TO EXERCISE 
                   OF CONSTITUTIONAL AUTHORITIES.

       (a) In General.--Sections 2004 and 2006 shall not apply to 
     any action or actions with respect to a specific matter 
     involving the International Criminal Court taken or directed 
     by the President on a case-by-case basis in the exercise of 
     the President's authority as Commander in Chief of the Armed 
     Forces of the United States under article II, section 2 of 
     the United States Constitution or in the exercise of the 
     executive power under article II, section 1 of the United 
     States Constitution.
       (b) Notification to Congress.--
       (1) In general.--Subject to paragraph (2), not later than 
     15 days after the President takes or directs an action or 
     actions described in subsection (a) that would otherwise be 
     prohibited under section 2004 or 2006, the President shall 
     submit a notification of such action to the appropriate 
     congressional committees. A notification under this paragraph 
     shall include a description of the action, a determination 
     that the action is in the national interest of the United 
     States, and a justification for the action.
       (2) Exception.--If the President determines that a full 
     notification under paragraph (1) could jeopardize the 
     national security of the United States or compromise a United 
     States law enforcement activity, not later than 15 days after 
     the President takes or directs an action or actions referred 
     to in paragraph (1) the President shall notify the 
     appropriate congressional committees that an action has been 
     taken and a determination has been made pursuant to this 
     paragraph. The President shall provide a full notification 
     under paragraph (1) not later than 15 days after the reasons 
     for the determination under this paragraph no longer apply.
       (c) Construction.--Nothing in this section shall be 
     construed as a grant of statutory authority to the President 
     to take any action.

     SEC. 2012. NONDELEGATION.

       The authorities vested in the President by sections 2003 
     and 2011(a) may not be delegated by the President pursuant to 
     section 301 of title 3, United States Code, or any other 
     provision of law. The authority vested in the President by 
     section 2005(c)(3) may not be delegated by the President 
     pursuant to section 301 of title 3, United States Code, or 
     any other provision of law to any official other than the 
     Secretary of Defense, and if so delegated may not be 
     subdelegated.

     SEC. 2013. DEFINITIONS.

       As used in this title and in section 706 of the Admiral 
     James W. Nance and Meg Donovan Foreign Relations 
     Authorization Act, Fiscal Years 2000 and 2001:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means the Committee 
     on International Relations of the House of Representatives 
     and the Committee on Foreign Relations of the Senate.
       (2) Classified national security information.--The term 
     ``classified national security information'' means 
     information that is classified or classifiable under 
     Executive Order 12958 or a successor Executive order.
       (3) Covered allied persons.--The term ``covered allied 
     persons'' means military personnel, elected or appointed 
     officials, and other persons employed by or working on behalf 
     of the government of a NATO member country, a major non-NATO 
     ally (including Australia, Egypt, Israel, Japan, Jordan, 
     Argentina, the Republic of Korea, and New Zealand), or 
     Taiwan, for so long as that government is not a party to the 
     International Criminal Court and wishes its officials and 
     other persons working on its behalf to be exempted from the 
     jurisdiction of the International Criminal Court.
       (4) Covered united states persons.--The term ``covered 
     United States persons'' means members of the Armed Forces of 
     the United States, elected or appointed officials of the 
     United States Government, and other persons employed by or 
     working on behalf of the United States Government, for so 
     long as the United States is not a party to the International 
     Criminal Court.
       (5) Extradition.--The terms ``extradition'' and 
     ``extradite'' mean the extradition of a person in accordance 
     with the provisions of chapter 209 of title 18, United States 
     Code, (including section 3181(b) of such title) and such 
     terms include both extradition and surrender as those terms 
     are defined in Article 102 of the Rome Statute.
       (6) International criminal court.--The term ``International 
     Criminal Court'' means the court established by the Rome 
     Statute.
       (7) Major non-nato ally.--The term ``major non-NATO ally'' 
     means a country that has been so designated in accordance 
     with section 517 of the Foreign Assistance Act of 1961.
       (8) Participate in any peacekeeping operation under chapter 
     vi of the charter of the united nations or peace enforcement 
     operation under chapter vii of the charter of the united 
     nations.--The term ``participate in any peacekeeping 
     operation under chapter VI of the charter of the United 
     Nations or peace enforcement operation under chapter VII of 
     the charter of the United Nations'' means to assign members 
     of the Armed Forces of the United States to a United Nations 
     military command structure as part of a peacekeeping 
     operation under chapter VI of the charter of the United 
     Nations or peace enforcement operation under chapter VII of 
     the charter of the United Nations in which those members of 
     the Armed Forces of the United States are subject to the 
     command or operational control of one or more foreign 
     military officers not appointed in conformity with article 
     II, section 2, clause 2 of the Constitution of the United 
     States.
       (9) Party to the international criminal court.--The term 
     ``party to the International Criminal Court'' means a 
     government that has deposited an instrument of ratification, 
     acceptance, approval, or accession to the Rome Statute, and 
     has not withdrawn from the Rome Statute pursuant to Article 
     127 thereof.
       (10) Peacekeeping operation under chapter vi of the charter 
     of the united nations or peace enforcement operation under 
     chapter vii of the charter of the united nations.--The term 
     ``peacekeeping operation under chapter VI of the charter of 
     the United Nations or peace enforcement operation under 
     chapter VII of the charter of the United Nations'' means any 
     military operation to maintain or restore international peace 
     and security that--
       (A) is authorized by the United Nations Security Council 
     under chapter VI or VII of the charter of the United Nations; 
     and
       (B) is paid for from assessed contributions of United 
     Nations members that are made available for peacekeeping or 
     peace enforcement activities.
       (11) Rome statute.--The term ``Rome Statute'' means the 
     Rome Statute of the International Criminal Court, adopted by 
     the United Nations Diplomatic Conference of Plenipotentiaries 
     on the Establishment of an International Criminal Court on 
     July 17, 1998.
       (12) Support.--The term ``support'' means assistance of any 
     kind, including financial support, transfer of property or 
     other material support, services, intelligence sharing, law 
     enforcement cooperation, the training or detail of personnel, 
     and the arrest or detention of individuals.
       (13) United states military assistance.--The term ``United 
     States military assistance'' means--
       (A) assistance provided under chapter 2 or 5 of part II of 
     the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.); 
     or
       (B) defense articles or defense services furnished with the 
     financial assistance of the United States Government, 
     including through loans and guarantees, under section 23 of 
     the Arms Export Control Act (22 U.S.C. 2763).

     SEC. 2014. REPEAL OF LIMITATION.

       The Department of Defense Appropriations Act, 2002 
     (division A of Public Law 107-117) is amended by striking 
     section 8173.
       This Act may be cited as the ``2002 Supplemental 
     Appropriations Act for Further Recovery From and Response To 
     Terrorist Attacks on the United States''.

  The SPEAKER pro tempore. Pursuant to House Resolution 431, the 
previous question is ordered on the bill, as amended.
  The question is on the engrossment and third reading of the bill.

[[Page H3062]]

  The bill was ordered to be engrossed and read a third time, and was 
read the third time.


                           Motion to Recommit

  Mr. OBEY. Mr. Speaker, I offer a motion to recommit.
  The SPEAKER pro tempore. Is the gentleman opposed to the bill?
  Mr. OBEY. I am, Mr. Speaker.
  The SPEAKER pro tempore. The Clerk will report the motion to 
recommit.
  The Clerk read as follows:

       Mr. Obey of Wisconsin moves to recommit the bill, H.R. 
     4775, to the Committee on Appropriations with instructions to 
     report the bill forthwith with the following amendment: 
     strike Section 1403.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Wisconsin (Mr. Obey) is recognized for 5 minutes in support of his 
motion.
  Mr. OBEY. Mr. Speaker, I yield myself 1 minute.
  Mr. Speaker, a lot of people in this Chamber have spent their entire 
career talking about their opposition to raising the national debt. In 
fact, the majority of the Members of the Republican Party in this House 
have sponsored with much fanfare a constitutional amendment requiring 
an explicit vote by two-thirds of the House in order to raise the debt 
limit.
  This motion simply strikes the provision in the bill that paves the 
way to raise that debt limit by $750 billion. For my colleagues to vote 
against this motion to prevent turning the Social Security card into 
the Nation's credit card would give hypocrisy a bad name.
  Mr. Speaker, I yield 2 minutes to the distinguished gentleman from 
Texas (Mr. Stenholm).
  (Mr. STENHOLM asked and was given permission to revise and extend his 
remarks.)
  Mr. STENHOLM. Mr. Speaker, finally, after 16 hours of debate, we get 
an opportunity for a clean up-and-down vote on whether we should 
increase our national debt ceiling by $750 billion.
  This motion to recommit reaffirms our support for the President and 
our men and women in uniform and the war on terrorism. Every one of us 
supports providing whatever funding is necessary to fund the war on 
terrorism. This motion is about the financial condition of our Nation 
and whether we will continue piling on more and more debt on our 
children and grandchildren. We should not be delaying action on funding 
the war on terrorism by trying to use it to hide the second largest 
increase in the statutory debt limit in the history of our country. The 
war on terrorism should be too important for political games.
  My colleagues on the other side of the aisle were very willing to 
stand up and take credit for the tax and spending legislation they 
passed last year that has put us back into debt. They should be willing 
to stand up and be counted now that the time has come to pay the bills 
by raising the national debt limit.
  We are not threatening to default on the good faith and credit of the 
U.S. Government. We have repeatedly extended the hand of bipartisan 
cooperation by offering to support a temporary increase in the debt 
limit to meet the expenses of the war and allow government to meet its 
obligations while Congress and the President work together on a plan to 
again balance our budget. All we are saying with this motion is hold 
off on the administration's request for a $750 billion increase in the 
debt until we have a plan in place to return the budget to balance 
without borrowing from Social Security.
  It is fiscally irresponsible, I repeat, it is fiscally irresponsible 
to provide a blank check for increasing borrowing authority without 
requiring Congress and the President to come up with a plan to get us 
out of red ink and return to saving the Social Security surplus. Vote 
for the motion to recommit by striking the effort to hide the increase 
in the debt ceiling in this motion.
  Mr. OBEY. Mr. Speaker, I yield the final 2 minutes to the 
distinguished gentleman from New York (Mr. Rangel), the ranking member 
of the Committee on Ways and Means, which ducked its responsibility to 
bring a free-standing debt ceiling to the floor of the House.
  Mr. RANGEL. Mr. Speaker, this motion to recommit gives us the final 
opportunity to bring some thread of responsibility to what we are doing 
this evening, and that is to make certain that we do not jeopardize 
Social Security; that we do not really make the people pay for the tax 
cut by taking it out of the Social Security trust fund.
  They have hidden in this bill the ability to borrow an additional 
$750 billion, and shame on them for doing it in the middle of the 
night. We could have felt so proud, our colleagues could have made us 
proud. On this Memorial Day they could have made us feel like we were 
somebody; that we were in the House of Representatives, not Republicans 
and Democrats, but those who wanted to support our troops overseas, 
those who wanted to support the President, those who wanted to fight 
against terrorism. That flag would have flown in every parade in every 
county, in every city for all of us as Members of the House of 
Representatives.
  Instead of that, our colleagues wanted to save a couple of Republican 
seats. They determined that there were people more sick in a Republican 
district than in a Democratic district. They determined they had to pay 
off for votes that they picked to unravel international trade 
agreements. They missed one heck of an opportunity to make us all feel 
proud on this Memorial Day.
  The motion to recommit merely says we want fiscal integrity to go 
with our responsibility in being patriots. And patriots are the people 
who do not run away from their responsibility. If we yield to this, we 
yield to the terrorists.
  So our colleagues had a chance for bipartisanship. We had that, and 
we gave it to the President after 9-11. But in the middle of the night 
my colleagues had to find some way to get some political advantages. 
Well, my colleagues, we are mad as hell and we are not taking it any 
more. The American people demand more of us than that.
  And no matter where my colleagues go, whatever they have got to do, 
we are going to protect that Social Security System. When the flag is 
up, we are going to salute it; but we are going to take care of the 
people.
  The SPEAKER pro tempore. Is the gentleman from Florida opposed to the 
motion to recommit?
  Mr. YOUNG of Florida. Very definitely, Mr. Speaker.
  The CHAIRMAN. The gentleman is recognized for 5 minutes.
  Mr. YOUNG of Florida. Mr. Speaker, first I want to thank all of the 
Members for their very spirited and enthusiastic participation in this 
great exercise in democracy, where the majority rules.
  My only request of the Members is to remember that before they vote, 
this is a wartime emergency supplemental appropriations bill. My 
colleagues may not like some of the feathers, but the main body of the 
product is exactly what I said, a wartime emergency supplemental to 
support our troops in the field and to make sure that they have 
whatever they need and that we do not stand down any of our military 
preparedness.
  So what I would ask is that Members will vote for final passage for 
this bill. On this vote, let us vote ``no'' and then let us go to the 
final passage vote.


                         Parliamentary Inquiry

  Mr. TAYLOR of Mississippi. Mr. Speaker, parliamentary inquiry.
  The SPEAKER pro tempore. The gentleman may inquire.
  Mr. TAYLOR of Mississippi. Mr. Speaker, it is all a little fuzzy, 
probably by intention.
  The SPEAKER pro tempore. Does the gentleman have an inquiry?
  Mr. TAYLOR of Mississippi. Yes, sir.
  The SPEAKER pro tempore. The gentleman will state his inquiry.
  Mr. TAYLOR of Mississippi. Mr. Speaker, is it my understanding that 
by the passage of this bill the rule allows the debt limit to be 
increased by $750 billion?
  The SPEAKER pro tempore. The gentleman has not stated a parliamentary 
inquiry.
  Without objection, the previous question is ordered on the motion to 
recommit.
  There was no objection.
  The SPEAKER pro tempore. The question is on the motion to recommit.
  The question was taken; and the Speaker pro tempore announced that 
the noes appeared to have it.


                             Recorded Vote

  Mr. OBEY. Mr. Speaker, I demand a recorded vote.
  A recorded vote was ordered.

[[Page H3063]]

  The SPEAKER pro tempore. This will be a 15-minute vote followed by a 
5-minute vote on final passage.
  The vote was taken by electronic device, and there were--ayes 201, 
noes 215, not voting 19, as follows:

                             [Roll No. 205]

                               AYES--201

     Abercrombie
     Ackerman
     Allen
     Andrews
     Baca
     Baird
     Baldacci
     Baldwin
     Barcia
     Barrett
     Becerra
     Bentsen
     Berkley
     Berman
     Berry
     Bishop
     Blagojevich
     Blumenauer
     Borski
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Brown (FL)
     Brown (OH)
     Capps
     Capuano
     Cardin
     Carson (IN)
     Carson (OK)
     Clay
     Clayton
     Clement
     Clyburn
     Conyers
     Costello
     Coyne
     Cummings
     Davis (CA)
     Davis (FL)
     Davis (IL)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dicks
     Dingell
     Doggett
     Dooley
     Doyle
     Edwards
     Engel
     Eshoo
     Etheridge
     Evans
     Farr
     Fattah
     Filner
     Ford
     Frank
     Frost
     Gephardt
     Gonzalez
     Gordon
     Green (TX)
     Hall (OH)
     Hall (TX)
     Harman
     Hastings (FL)
     Hill
     Hilliard
     Hinchey
     Hinojosa
     Hoeffel
     Holden
     Holt
     Honda
     Hooley
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     John
     Johnson, E. B.
     Jones (OH)
     Kanjorski
     Kaptur
     Kennedy (RI)
     Kildee
     Kilpatrick
     Kind (WI)
     Kleczka
     Kucinich
     LaFalce
     Lampson
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Lee
     Levin
     Lewis (GA)
     Lofgren
     Lowey
     Lucas (KY)
     Luther
     Lynch
     Maloney (CT)
     Maloney (NY)
     Markey
     Mascara
     Matheson
     Matsui
     McCarthy (MO)
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McKinney
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Menendez
     Millender-McDonald
     Miller, George
     Mink
     Mollohan
     Moore
     Moran (VA)
     Murtha
     Nadler
     Napolitano
     Neal
     Oberstar
     Obey
     Olver
     Ortiz
     Owens
     Pallone
     Pascrell
     Pastor
     Payne
     Pelosi
     Peterson (MN)
     Phelps
     Pomeroy
     Price (NC)
     Rahall
     Rangel
     Reyes
     Rivers
     Rodriguez
     Roemer
     Ross
     Rothman
     Roybal-Allard
     Rush
     Sabo
     Sanchez
     Sanders
     Sandlin
     Sawyer
     Schakowsky
     Schiff
     Scott
     Serrano
     Sherman
     Shows
     Skelton
     Slaughter
     Smith (WA)
     Snyder
     Solis
     Spratt
     Stark
     Stenholm
     Strickland
     Stupak
     Tanner
     Tauscher
     Taylor (MS)
     Thurman
     Tierney
     Towns
     Turner
     Udall (CO)
     Udall (NM)
     Velazquez
     Visclosky
     Waters
     Watson (CA)
     Watt (NC)
     Waxman
     Weiner
     Wexler
     Woolsey
     Wu
     Wynn

                               NOES--215

     Aderholt
     Akin
     Armey
     Bachus
     Baker
     Ballenger
     Barr
     Bartlett
     Barton
     Bass
     Bereuter
     Biggert
     Bilirakis
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bono
     Boozman
     Brady (TX)
     Brown (SC)
     Bryant
     Burr
     Buyer
     Callahan
     Calvert
     Camp
     Cantor
     Capito
     Castle
     Chabot
     Chambliss
     Coble
     Collins
     Cooksey
     Cox
     Crane
     Crenshaw
     Cubin
     Culberson
     Cunningham
     Davis, Jo Ann
     Davis, Tom
     Deal
     DeLay
     DeMint
     Diaz-Balart
     Doolittle
     Dreier
     Duncan
     Dunn
     Ehlers
     Ehrlich
     Emerson
     English
     Everett
     Ferguson
     Flake
     Fletcher
     Foley
     Forbes
     Fossella
     Frelinghuysen
     Gallegly
     Ganske
     Gekas
     Gibbons
     Gilchrest
     Gillmor
     Gilman
     Goode
     Goodlatte
     Goss
     Graham
     Granger
     Graves
     Green (WI)
     Greenwood
     Grucci
     Gutknecht
     Hansen
     Hart
     Hastert
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Herger
     Hilleary
     Hobson
     Hoekstra
     Horn
     Hostettler
     Houghton
     Hulshof
     Hunter
     Hyde
     Isakson
     Issa
     Istook
     Jenkins
     Johnson (CT)
     Johnson (IL)
     Johnson, Sam
     Jones (NC)
     Keller
     Kelly
     Kennedy (MN)
     Kerns
     King (NY)
     Kingston
     Kirk
     Knollenberg
     Kolbe
     LaHood
     Latham
     LaTourette
     Leach
     Lewis (CA)
     Lewis (KY)
     LoBiondo
     Lucas (OK)
     Manzullo
     McCrery
     McHugh
     McInnis
     McKeon
     Mica
     Miller, Dan
     Miller, Gary
     Miller, Jeff
     Moran (KS)
     Morella
     Myrick
     Nethercutt
     Ney
     Northup
     Norwood
     Osborne
     Ose
     Otter
     Oxley
     Paul
     Pence
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Pombo
     Portman
     Pryce (OH)
     Putnam
     Quinn
     Ramstad
     Regula
     Rehberg
     Reynolds
     Riley
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Royce
     Ryan (WI)
     Ryun (KS)
     Saxton
     Schaffer
     Schrock
     Sensenbrenner
     Sessions
     Shadegg
     Shaw
     Shays
     Sherwood
     Shimkus
     Shuster
     Simmons
     Simpson
     Skeen
     Smith (MI)
     Smith (NJ)
     Smith (TX)
     Souder
     Stearns
     Stump
     Sullivan
     Sununu
     Sweeney
     Tancredo
     Tauzin
     Taylor (NC)
     Terry
     Thomas
     Thornberry
     Thune
     Tiahrt
     Tiberi
     Toomey
     Upton
     Walden
     Walsh
     Wamp
     Watkins (OK)
     Watts (OK)
     Weldon (FL)
     Weldon (PA)
     Weller
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Young (AK)
     Young (FL)

                             NOT VOTING--19

     Bonior
     Burton
     Cannon
     Combest
     Condit
     Cramer
     Crowley
     Deutsch
     Gutierrez
     Linder
     Lipinski
     McIntyre
     Nussle
     Radanovich
     Roukema
     Thompson (CA)
     Thompson (MS)
     Traficant
     Vitter

                              {time}  0242

  Mr. FILNER changed his vote from ``no'' to ``aye.''
  So the motion to recommit was rejected.
  The result of the vote was announced as above recorded.
  The SPEAKER pro tempore (Mr. Simpson). The question is on the passage 
of the bill.
  Pursuant to clause 10 of rule XX, the yeas and nays are ordered.
  This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--yeas 280, 
nays 138, not voting 17, as follows:

                             [Roll No. 206]

                               YEAS--280

     Abercrombie
     Ackerman
     Aderholt
     Akin
     Allen
     Andrews
     Armey
     Baca
     Bachus
     Baker
     Baldacci
     Ballenger
     Barcia
     Barr
     Bartlett
     Barton
     Bass
     Bentsen
     Bereuter
     Berkley
     Berman
     Biggert
     Bilirakis
     Bishop
     Blagojevich
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bono
     Boozman
     Borski
     Boucher
     Brady (PA)
     Brady (TX)
     Brown (SC)
     Bryant
     Burr
     Buyer
     Callahan
     Calvert
     Camp
     Cannon
     Cantor
     Capito
     Capps
     Cardin
     Carson (OK)
     Castle
     Chambliss
     Clement
     Coble
     Cooksey
     Crane
     Crenshaw
     Cubin
     Culberson
     Cunningham
     Davis (CA)
     Davis, Jo Ann
     Davis, Tom
     DeLay
     DeMint
     Diaz-Balart
     Dicks
     Doolittle
     Doyle
     Dreier
     Dunn
     Edwards
     Ehlers
     Ehrlich
     Emerson
     Engel
     English
     Etheridge
     Evans
     Everett
     Fattah
     Ferguson
     Fletcher
     Foley
     Forbes
     Fossella
     Frelinghuysen
     Frost
     Gallegly
     Ganske
     Gekas
     Gibbons
     Gilchrest
     Gillmor
     Gilman
     Gonzalez
     Goodlatte
     Goss
     Graham
     Granger
     Graves
     Green (TX)
     Greenwood
     Grucci
     Hall (OH)
     Hall (TX)
     Hansen
     Hart
     Hastert
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Herger
     Hilleary
     Hinojosa
     Hobson
     Hoeffel
     Hoekstra
     Holden
     Holt
     Hooley
     Horn
     Hostettler
     Houghton
     Hoyer
     Hulshof
     Hunter
     Hyde
     Isakson
     Israel
     Istook
     Jenkins
     John
     Johnson (CT)
     Johnson (IL)
     Johnson, Sam
     Kanjorski
     Keller
     Kelly
     Kennedy (MN)
     Kennedy (RI)
     Kildee
     King (NY)
     Kingston
     Kirk
     Knollenberg
     Kolbe
     LaHood
     Lampson
     Larsen (WA)
     Latham
     LaTourette
     Leach
     Levin
     Lewis (CA)
     Lewis (KY)
     LoBiondo
     Lowey
     Lucas (KY)
     Lucas (OK)
     Luther
     Maloney (CT)
     Maloney (NY)
     Mascara
     Matheson
     McCarthy (NY)
     McCrery
     McHugh
     McInnis
     McKeon
     McNulty
     Mica
     Miller, Dan
     Miller, Gary
     Miller, Jeff
     Mollohan
     Moore
     Morella
     Murtha
     Myrick
     Nadler
     Nethercutt
     Ney
     Northup
     Nussle
     Ortiz
     Osborne
     Ose
     Otter
     Oxley
     Pascrell
     Pastor
     Pence
     Peterson (PA)
     Petri
     Phelps
     Pickering
     Pitts
     Platts
     Pombo
     Pomeroy
     Portman
     Price (NC)
     Pryce (OH)
     Putnam
     Quinn
     Ramstad
     Regula
     Rehberg
     Reyes
     Reynolds
     Riley
     Rodriguez
     Roemer
     Rogers (KY)
     Rogers (MI)
     Ros-Lehtinen
     Ross
     Rothman
     Ryun (KS)
     Sabo
     Sandlin
     Saxton
     Schaffer
     Schiff
     Schrock
     Scott
     Sessions
     Shadegg
     Shaw
     Shays
     Sherman
     Sherwood
     Shimkus
     Shows
     Shuster
     Simmons
     Simpson
     Skeen
     Skelton
     Smith (NJ)
     Smith (TX)
     Souder
     Stearns
     Strickland
     Stump
     Sullivan
     Sununu
     Sweeney
     Tancredo
     Tauzin
     Taylor (NC)
     Terry
     Thomas
     Thornberry
     Thune
     Thurman
     Tiahrt
     Tiberi
     Toomey
     Turner
     Upton
     Walden
     Walsh
     Wamp
     Watkins (OK)
     Watts (OK)
     Waxman
     Weiner
     Weldon (FL)
     Weldon (PA)
     Weller
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Wu
     Wynn
     Young (AK)
     Young (FL)

                               NAYS--138

     Baird
     Baldwin
     Barrett
     Becerra
     Berry
     Blumenauer
     Boswell
     Boyd
     Brown (FL)
     Brown (OH)
     Capuano
     Carson (IN)
     Chabot
     Clay
     Clayton
     Clyburn
     Collins
     Conyers
     Costello
     Cox
     Coyne
     Cummings
     Davis (FL)
     Davis (IL)
     Deal
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dingell
     Doggett
     Dooley
     Duncan
     Eshoo
     Farr
     Filner
     Flake
     Ford
     Frank
     Gephardt
     Goode
     Gordon

[[Page H3064]]


     Green (WI)
     Gutknecht
     Harman
     Hastings (FL)
     Hill
     Hilliard
     Hinchey
     Honda
     Inslee
     Issa
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson, E. B.
     Jones (NC)
     Jones (OH)
     Kaptur
     Kerns
     Kilpatrick
     Kind (WI)
     Kleczka
     Kucinich
     LaFalce
     Langevin
     Lantos
     Larson (CT)
     Lee
     Lewis (GA)
     Lofgren
     Lynch
     Manzullo
     Markey
     Matsui
     McCarthy (MO)
     McCollum
     McDermott
     McGovern
     McKinney
     Meehan
     Meek (FL)
     Meeks (NY)
     Menendez
     Millender-McDonald
     Miller, George
     Mink
     Moran (KS)
     Moran (VA)
     Napolitano
     Neal
     Norwood
     Oberstar
     Obey
     Olver
     Owens
     Pallone
     Paul
     Payne
     Pelosi
     Peterson (MN)
     Rahall
     Rangel
     Rivers
     Rohrabacher
     Roybal-Allard
     Royce
     Rush
     Ryan (WI)
     Sanchez
     Sanders
     Sawyer
     Schakowsky
     Sensenbrenner
     Serrano
     Slaughter
     Smith (MI)
     Smith (WA)
     Snyder
     Solis
     Spratt
     Stark
     Stenholm
     Stupak
     Tanner
     Tauscher
     Taylor (MS)
     Tierney
     Towns
     Udall (CO)
     Udall (NM)
     Velazquez
     Visclosky
     Waters
     Watson (CA)
     Watt (NC)
     Wexler
     Woolsey

                             NOT VOTING--17

     Bonior
     Burton
     Combest
     Condit
     Cramer
     Crowley
     Deutsch
     Gutierrez
     Linder
     Lipinski
     McIntyre
     Radanovich
     Roukema
     Thompson (CA)
     Thompson (MS)
     Traficant
     Vitter

                              {time}  0250

  So the bill was passed.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.

                          ____________________