[House Report 107-480]
[From the U.S. Government Publishing Office]



107th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     107-480
======================================================================
 
   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

                                _______
                                

  May 20, 2002.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Young of Florida, from the Committee on Appropriations, submitted 
                             the following

                              R E P O R T

                             together with

                            ADDITIONAL VIEWS

                        [To accompany H.R. 4775]

    The Committee on Appropriations submits the following 
report in explanation of the accompanying bill 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.

                            BILL HIGHLIGHTS

    The bill recommended by the Committee includes 
$29,386,894,000 in supplemental appropriations for fiscal year 
2002. That amount includes $15,858,467,000 for national 
security requirements, $15,549,177,000 for nondefense 
requirements, and $2,020,750,000 in offsetting reductions. The 
bill includes
          $15,767,462,000 for Department of Defense activities;
          $6,329,300,000 for the Department of Transportation, 
        including $3,850,000,000 for activities of the 
        Transportation Security Administration and $167,000,000 
        for emergency relief highways;
          $2,750,000,000 for transportation infrastructure 
        repairs to be funded within the Federal Emergency 
        Management Agency;
          $1,597,500,000 for foreign assistance activities, 
        including $200,000,000 for child survival and health 
        programs;
          $1,000,000,000 for Pell Grants to reduce a projected 
        funding shortfall;
          $450,000,000 for election reform;
          $300,000,000 for dislocated worker re-employment 
        assistance;
          $417,000,000 for veterans medical care;
          $200,516,000 for embassy security;
          $160,000,000 for activities of the Department of 
        Energy;
          a total of $326,700,000 for first responders, of 
        which $175,000,000 is to be available to the Department 
        of Justice and $151,700,000 to the Federal Emergency 
        Management Agency;
          $128,400,000 for activities of the Corps of 
        Engineers; and
          $75,000,000 for special supplemental nutrition 
        program (WIC).
    Within the amounts recommended in the bill, a total of 
$5,467,000,000 is provided for the city and state of New York, 
satisfying the commitment of Federal financial assistance in 
the wake of the terrorist attacks of September 11, 2001.

             Supplemental Request Justification Information

    The Committee is extremely concerned about the failure of 
the Administration to provide timely and adequate materials to 
support its supplemental appropriations request.
    The Administration sent to Congress its fiscal year 2002 
supplemental request on March 21, 2002, six-and-a-half weeks 
after the President submitted his fiscal year 2003 Budget. 
Because of this delay, the Committee was delayed in its 
consideration of the Administration's proposals. The ability of 
the Committee to perform a thorough and independent review of 
the proposals was also impeded by the fact that justification 
materials for some agencies were further delayed, inadequate, 
or both.
    The Committee is particularly concerned with the 
information it received from the Transportation Security 
Administration (TSA) regarding the request for $4,400,000,000. 
At a hearing held more than three weeks after submission of the 
request, officials were unable to explain or justify the 
details. Although the Department of Transportation has provided 
supporting detail since that time, breakdowns of the request 
and underlying assumptions continue to change. In addition, the 
Committee has received no justification supporting TSA's fiscal 
year 2003 request of $4.8 billion. The Administration should 
not expect the Committee to recommend large expenditures of 
public funds without proper justification--even for critical 
activities. Although transmittal documents to the White House 
from the Director, Office of Management and Budget (OMB) state 
``I have carefully reviewed these proposals and am satisfied 
that they are necessary at this time'', the narrative 
accompanying the TSA portion of that request indicates quite 
the opposite. That narrative states that $1.945 billion--almost 
half--of the request ``would be held in reserve until such time 
as appropriate programmatic needs assessments have been 
completed and the Administration has a better understanding how 
such resources are best utilized to meet near term security 
requirements''. While the Committee appreciates the challenges 
of estimating costs to establish a new agency, the time to 
complete those assessments is before funds are requested, not 
after. And when the Committee holds a hearing three weeks after 
the request is made and those assessments have still not been 
completed, the failure is more serious.
    Concerning the Department of Defense supplemental request, 
the Committee notes that in general, the Administration's 
request was based on financial and deployment targets that did 
not fully address mobilization and operational requirements 
established by the war-fighting components of the Army, Navy, 
Marine Corps, and Air Force.
    The Administration's supplemental request for the 
Department of Defense was not accurate in several instances. 
For example, OMB requested additional funds for intelligence 
related activities in incorrect and inappropriate accounts. In 
order to execute the Administration's proposal for intelligence 
programs, the Committee is recommending changes to specific 
appropriation accounts. OMB requested certain Military 
Personnel costs in the military operations category instead of 
the proper category of military mobilization, and its cost 
proposals for Operation Noble Eagle Combat Air Patrol has not 
been revised to reflect the Department of Defense's modified 
posture with respect to this operation.
    Justification materials and responses to the Committee's 
requests for information to clarify the Department of Defense 
proposal were not provided in a timely manner and when provided 
were not adequate. For example, information provided by the 
Administration for sorting the supplemental Defense Emergency 
Response Fund (DERF) request by standard appropriation accounts 
was not timely and when provided was not precise. The 
Committee's repeated requests for detailed justification 
material for the Continuity of Operations request was initially 
denied by the Administration; subsequent discussions were not 
sufficiently timely.
    In addition, the Committee believes the Administration 
failed to provide sufficient justification of the significant 
legislative provisions contained in the Department of Defense 
supplemental request. This includes provisions that: (1) 
provided the Secretary of Defense authority to offer certain 
financial rewards; (2) provided the Secretary of Defense 
authority to spend funds on military construction projects; (3) 
authorized the creation of a new Field Operating Agency; and, 
(4) granted the Secretary of Defense expansive authorities to 
provide U.S. funds and assistance to foreign nations or groups.
    The Committee is likewise concerned with the significant 
lack of information accompanying its request for $175,000,000 
for the ``First Responders'' program requested through the 
Federal Emergency Management Agency (FEMA). This request is, in 
effect, a precursor to the $3,500,000,000 requested for First 
Responders in the fiscal year 2003 submission, yet the 
Administration is still unable to provide sufficient 
information which explains why this program should be 
transferred from the Department of Justice (DOJ) to FEMA, 
differentiates between the current program at DOJ and what is 
planned for FEMA, or justifies in any way the specific 
expenditures proposed for fiscal years 2002 or 2003. While the 
Congress has previously supported First Responders at DOJ with 
appropriations approaching $300,000,000 annually, supplemented 
with emergency funding, the current proposals appear to do 
nothing more than request large amounts of scarce financial 
resources without the benefit of a coherent, necessary, short 
or long-term plan.
    The Committee expects that the Administration, and 
particularly OMB, will take seriously the need to provide 
Congress with timely and meaningful materials in support of its 
budget requests. The flagrant and flippant disregard of the 
need to inform Congress adequately must cease. The Committee 
has a right to fully review any and all Administration's budget 
requests, and it is committed to faithfully exercising this 
responsibility on behalf of the American taxpayer. If progress 
on completing appropriations bills is delayed because the 
Administration is not forthcoming with information, the 
responsibility for delay rests solely with the Administration.

                               CHAPTER 1


                       DEPARTMENT OF AGRICULTURE


                   Food Safety and Inspection Service

    For the Food Safety and Inspection Service, the Committee 
provides $2,000,000 in contingent emergency funds, to remain 
available until expended, for non-recurring costs to review 
foreign-country equivalence agreements and to undertake any 
additional reviews of foreign plants that the Department may 
determine are necessary as a result of the events of September 
11, 2001.

                       Food and Nutrition Service


special supplemental nutrition program for women, infants, and children 
                                 (wic)

    The Committee provides $75,000,000, to remain available 
until September 30, 2003, to finance rising participation in 
WIC and increased costs of WIC food. The funds are to be 
distributed in a manner determined by the Secretary and not by 
the allocation formula established by section 17(i) of the 
Child Nutrition Act, in order to provide flexibility so that 
eligible persons nationwide can be served by the program.

               Animal and Plant Health Inspection Service


                         salaries and expenses

    The Committee provides $10,000,000 in contingent emergency 
funds, 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.
    The Committee expects the Secretary to continue to use the 
authority that it has provided to transfer funds from the 
Commodity Credit Corporation for the arrest and eradication of 
animal and plant pests and diseases that threaten American 
agriculture, including Sudden Oak Death and Glassy-winged 
Sharpshooter/Pierce's Disease.

                 Natural Resources Conservation Service


                    watershed rehabilitation program

    The Committee recommendation does not include the proposed 
cancellation of $9,000,000 appropriated in fiscal year 2002 to 
provide assistance to rehabilitate aging dams. The Committee 
continues to expect that priorities under this program be given 
only to those structures which pose the highest risk to life 
and property.

                       Administrative Provisions


                senior farmers market nutrition program

    The Committee is aware of the request by the Secretary of 
Agriculture for the release of $5,000,000 the Commodity Credit 
Corporation (CCC) funds to supplement appropriated funds for 
the Senior Farmers Market Nutrition Program (SFMNP). The 
Secretary's request was consistent with the Committee's express 
direction and the Committee commends her for it. The Committee 
urges OMB to approve this request and it strongly urges the 
Secretary to continue to seek additional CCC funds for the 
program.
    The Committee further notes that the conference report on 
H.R. 2646 (H. Rpt. 107-424) provides $5,000,000 in mandatory 
funding for SFMNP for fiscal year 2002. In determining the 
allocation of these funds, the Committee directs the Department 
to consider first the applications for fiscal year 2002 funding 
that it has received, but has not funded, from applicants that 
received funding for SFMNP in fiscal year 2001, including 
Wisconsin.

                     international food assistance

    The Department of Agriculture has been the leader in 
international food assistance program. These efforts have been 
successful in alleviating the problems caused by hunger, as 
well as in opening up new markets for American goods as 
recipient nations develop internal capacity to grow markets. 
The Committee is concerned that this record of success is not 
being recognized. The Committee believes that the Department 
should retain the ability to administer an effective section 
416(b) program to use commodity surpluses to respond to the 
problems of food shortages due to natural disasters; the urgent 
need associated with the displaced civilian population in 
central Asia; the Global Food for Education program; efforts to 
offer alternatives to the madrasses for the education of 
children, including girls, in Afghanistan and Pakistan; and to 
foster internal development of production capability so that 
regions can become more self-reliant. The Department is also 
expected to continue to provide commodities to private 
voluntary organizations when these entities may be the most 
effective way of delivering assistance to needy people.

                DEPARTMENT OF HEALTH AND HUMAN SERVICES


                      Food and Drug Administration


                         salaries and expenses

    The Committee provides $18,000,000 in contingent emergency 
funds, to remain available until expended, for the Food and 
Drug Administration, Salaries and Expenses, for non-recurring 
costs related to safety activities in the area of medical 
devices and radiological health, as a consequence of the events 
of September 11, 2001, such as further work on safety standards 
for radiation scanners, development and marketing of 
decontamination devices, and enhanced review of imported 
medical devices.

                    General Provisions--This Chapter

    The Committee recommendation includes a provision that 
prohibits the use of any funds in this or any other Act for the 
Department of Health and Human Services for the consolidation 
of the Food and Drug Administration Office of Public Affairs or 
Office of Legislation at the Office of the Secretary of Health 
and Human Services.
    The Committee includes language that limits expenditures of 
the Export Enhancement Program.

                               CHAPTER 2


                         DEPARTMENT OF JUSTICE


                         General Administration


                         salaries and expenses

    The Committee recommends $5,750,000, as requested, to 
continue integration and deployment of the Federal Bureau of 
Investigation's and the Immigration and Naturalization 
Service's fingerprint identification systems. The entire amount 
is designated as an emergency appropriation. This funding will 
support deployment to ports of entry with the highest volume of 
passengers and ports of entry most used by travelers from 
countries with terrorist connections. The Department is 
directed to continue to provide regular updates to the 
Committees on Appropriations regarding the implementation of 
this initiative, including efforts to ensure that this 
initiative is developed in concert with the Immigration and 
Naturalization Service's Entry Exit System.

                            Legal Activities


         salaries and expenses, united states marshals service

    The Committee recommends $1,000,000 as a contingent 
emergency appropriation for the U.S. Marshals Service to 
address increased security requirements associated with high-
threat terrorist trials.

                    Federal Bureau of Investigation


                         salaries and expenses

    The Committee recommends $112,000,000, including 
$102,000,000 as a contingent emergency appropriation, for the 
FBI ``Salaries and Expenses'' account. To continue the FBI's 
efforts to investigate and thwart further terrorist attacks, 
the Committee recommends $10,000,000, as requested, for the 
Foreign Terrorist Tracking Task Force and another $7,500,000 
for its Collaborative Capabilities activities. These efforts 
will enable the FBI to work collaboratively with State, local 
and other Federal agencies to keep foreign terrorists and their 
supporters out of the United States or to locate, detain and 
prosecute aliens who are engaged in terrorist activities, and 
to build safeguards into the FBI's networks in order to enable 
the FBI to communicate electronically with other law 
enforcement entities without compromising its network security.
    The Committee is concerned that the FBI has not hired 
enough foreign language specialists to translate intelligence 
data, and therefore provides an additional $2,000,000 for 
foreign language services.
    The Committee remains concerned with the FBI's ability to 
ensure that its systems and information are safeguarded from 
internal and external threats, and therefore is providing 
$18,435,000 for the FBI's Information Assurance program. The 
Committee is also providing $8,000,000 for Trilogy contract 
support. To continue efforts to create a virtual knowledge base 
for agents and analysts to search FBI and other databases, 
$44,121,000 is provided for investigative data warehousing and 
data mining tools, and another $8,000,000 is provided for 
digital storage and retrieval of documents related to the 
September 11th terrorism investigation. The FBI is directed to 
meet with the Committee prior to obligation of these funds to 
ensure that this investment is integrated with the Joint 
Terrorism Task Forces, the Foreign Terrorist Tracking Task 
Force, Trilogy, and the FBI's Information Assurance Program. To 
ensure continuity of operations, $13,944,000 is provided.
    The Committee directs the FBI to allocate $44,713,000 
expected to be carried over from funds provided to the FBI 
under P.L. 107-117 to expand its Legal Attache program. The 
Committee understands the growing importance of the FBI's law 
enforcement liaison programs with foreign countries, 
particularly those where known terrorist organizations may be 
active, and therefore directs the FBI to establish new or 
expand existing Legal Attache offices in the highest priority 
locations. The FBI is directed to consult with the Committee 
prior to beginning this effort. Of the funding provided, 
$21,000,000 is for infrastructure upgrades at these and 
existing Legal Attache offices. The Committee directs the FBI 
to ensure these infrastructure investments are consistent with 
and complement Trilogy and the Information Assurance efforts 
underway at the FBI.

                 Immigration and Naturalization Service


                         salaries and expenses

                     enforcement and border affairs

    The Committee recommends $75,000,000 for the Immigration 
and Naturalization Service ``Salaries and Expenses, Enforcement 
and Border Affairs'' account, including $40,000,000 as a 
contingent emergency appropriation.
    The Committee recommendation includes $1,000,000 for 
continued development and implementation of the Entry Exit 
program. This funding, together with the funds provided in P.L. 
107-117, brings the total funding available for the INS to 
begin development of an Entry Exit System in FY 2002 to 
$14,300,000. The Committee believes that implementation of this 
system is vital to protecting the security of the United States 
while at the same time facilitating more streamlined visits and 
commerce to and from the country. Therefore, the Committee 
directs that this system be developed from inception with 
oversight and input from the appropriate Executive Branch 
agencies, (including the Justice Department's Management 
Division, the Office of Homeland Security, and the Office of 
Management and Budget) and in coordination with other law 
enforcement, border security, and intelligence community 
information systems. The Department is directed to consult with 
the Committee prior to obligating these funds to ensure that 
this system links existing law enforcement and intelligence 
databases, and takes advantage of existing infrastructure and 
programs already in operation at ports of entry, such as the 
Dedicated Commuter Lanes program.
    Further, given the importance and uncertain total resource 
requirements of this program, the Committee directs that the 
General Accounting Office provide input to the INS and Justice 
regarding every aspect of program development, including 
information technology plans, infrastructure needs and 
staffing.
    The total funding amount also includes $49,000,000 to 
address the shortfall in air and seaport immigration inspection 
fees collected in the User Fee Account. This one-time 
appropriation is provided for information technology 
enhancements and other improvements directed in the FY 2002 
Departments of Commerce, Justice, and State, the Judiciary and 
Related Agencies Appropriations Act, P.L. 107-77.
    The Committee is extremely concerned about the ability of 
the INS to account for individuals who have been identified for 
immigration violations but who have absconded on their 
deportation orders, and believes that the INS has failed to 
request adequate personnel to manage this effort. Therefore, 
the Committee recommendation includes $25,000,000 to enable the 
INS to expand its efforts to identify and remove absconders. 
The INS is directed to ensure that these efforts are 
coordinated with Joint Terrorism Task Force and Foreign 
Terrorist Tracking Task Force efforts.

                       Office of Justice Programs


                           JUSTICE ASSISTANCE

    The Committee recommends $175,000,000 as an emergency 
appropriation for the Office of Justice Programs (OJP) for 
State and local domestic preparedness support as authorized by 
section 1014 of the USA PATRIOT Act. These funds were included 
in the Administration's request under the Federal Emergency 
Management Agency. Funding is provided as outlined in the 
following table:

                    Office of Domestic Preparedness


                         [dollars in thousands]

Equipment.....................................................   $80,000
    Pre-positioned Equipment..................................  (20,000)
    Electronic Dissemination of Terrorism Threat Info.........  (10,000)
    State Formula Grants......................................  (50,000)
Training......................................................    45,000
    State Formula Grants......................................  (25,000)
Technical Assistance and Planning.............................    50,000
      Total...................................................  $175,000

    Equipment.--The Committee provides $80,000,000 for 
equipment, of which $50,000,000 is to be provided to the States 
based on the approved State-wide strategic plans, $20,000,000 
is provided for pre-positioned equipment, and $10,000,000 is 
provided to enhance the Department of Justice's ability to 
rapidly and securely disseminate terrorist data to State and 
local law enforcement. The Committee understands that OJP is 
currently evaluating existing national information systems used 
by local law enforcement and examining other alternatives for 
enhancing the electronic dissemination of terrorist data to 
State and local law enforcement. The Committee expects to be 
kept informed of the Department's plans on utilizing these 
funds.
    Training.--The Committee provides $45,000,000 for first 
responder training programs, including $25,000,000 to be 
provided to States on a formula basis. The remaining funding is 
provided to address the most pressing training requirements. 
Within the funding provided, OJP is expected to implement a 
comprehensive and aggressive training standardization program. 
This effort should include developing training standards for 
each of the public safety disciplines that would be involved in 
a Weapons of Mass Destruction event. These standards are to be 
provided to the States to ensure that training provided by 
State and local agencies is consistent with minimum national 
training standards. The Committee expects to be kept informed 
on OJP's training standardization efforts, including how the 
standards will be implemented at the State and local level to 
ensure minimum training standards are being met and the maximum 
number of responders are being trained.
    Technical Assistance and Planning.--The Committee 
recommends $50,000,000 for technical assistance and planning. 
The Committee expects these funds to be used to assist State 
and local agencies in conducting Weapons of Mass Destruction 
exercises and procuring specialized equipment and training. The 
funds are also provided for OJP to continue to work with the 
States to update and enhance their State-wide domestic 
preparedness strategies. The Committee expects that 
comprehensive state strategies will address immediate State and 
local needs to effectively respond to all types of terrorist or 
Weapons of Mass Destruction attacks. These plans should include 
the equipment, training, exercise, technical assistance, and 
planning needs for all types of State and local first 
responders, including law enforcement, fire, emergency medical 
services, and hazardous material response. In the development 
and implementation of their plans, States are expected to 
consult with local governments regarding the scope, design, and 
allocation of resources so that State and local strategies are 
consistent.

                           crime victims fund

    The Committee directs that remaining unexpended balances of 
funding appropriated under this heading in Public Law 107-117 
be made available for other authorized programs in addition to 
counseling programs.

              DEPARTMENT OF COMMERCE AND RELATED AGENCIES


                            RELATED AGENCIES


            Office of the United States Trade Representative


                         salaries and expenses

    The Committee recommends $1,100,000 as a contingent 
emergency appropriation for increased security costs.

                         DEPARTMENT OF COMMERCE


             National Institute of Standards and Technology


             scientific and technical research and services

    The Committee recommendation includes $4,000,000, as 
requested, for standards development for explosive threat 
detection equipment and to strengthen security of the cold 
neutron reactor. The entire amount is designated as an 
emergency appropriation. Further, the Committee directs the 
NIST to direct $3,000,000 from lower priority programs to the 
investigation of the technical causes of the collapse of World 
Trade Center towers, as proposed in a March 2002 reprogramming 
request.

            National Oceanic and Atmospheric Administration


                  operations, research and facilities

    The Committee is aware that an F-4 tornado, with winds of 
260 mph, hit Charles, Calvert, and Dorchester Counties in 
Maryland on April 28, killing five individuals and injuring 
over 120 more. This tornado was preceded six and one half 
months earlier by an F-3 tornado in Prince George's County, 
Maryland, killing two individuals. The Committee is also aware 
that between 1950 and 1995, the entire State of Maryland 
experienced only 4 tornadoes as strong as an F-3 and none at 
the F-4 and F-5 level. Recognizing the extraordinary strength 
and devastation of the tornadoes that hit Prince George's 
County in September of 2001 and Charles, Calvert and Dorchester 
Counties in April of 2002, the Committee directs the National 
Weather Service to study whether these tornadoes are the result 
of weather patterns and/or specific geographic features in the 
mid-Atlantic. The Committee directs the National Weather 
Service to submit this report to the Committee on 
Appropriations within 180 days of the date of the enactment of 
this Act.
    The Committee encourages the Administration to evaluate 
opportunities to file for appeal of the judgement rendered on 
April 26, 2002 in U.S. District Court in the matter of 
Conservation Law Foundation v. Donald Evans.

                   fisheries finance program account

    The Committee recommendation includes language relating to 
loan program levels under the fisheries finance program.

                        Departmental Management


                         salaries and expenses

    The Committee recommends $400,000 for increased guard and 
protection services as requested. The entire amount is 
designated as an emergency appropriation.

                             THE JUDICIARY


                   Supreme Court of the United States


                    care of the building and grounds

    The Committee recommends $10,000,000 to address the Supreme 
Court building's perimeter security needs. The Committee 
directs the Architect of the Capitol to submit a perimeter 
security implementation plan to the Committee by July 15, 2002. 
The Committee expects perimeter security enhancements for the 
Supreme Court building to be coordinated with other security 
enhancements being implemented in the U.S. Capitol complex.

         United States Court of Appeals for the Federal Circuit


                         salaries and expenses

    The Committee strongly supports the security needs of the 
Court and understands that the General Services Administration 
(GSA) is working with the Court to provide for its security 
needs, including an emergency generator. The Committee also 
understands that the Court is working with GSA and the 
Administrative Office of the U.S. Courts to address additional 
security needs. As described in the Conference Report 
accompanying P.L. 107-117, the Judiciary shall allocate funding 
provided in the Court Security account for fiscal year 2002 to 
address the Court's security requirements, as necessary. The 
Committee directs the Court to submit a status report on the 
implementation of its security upgrades by July 15, 2002.

    Courts of Appeals, District Courts, and Other Judicial Services


                         salaries and expenses

    The Committee provides $6,258,000 for Salaries and Expenses 
for the courts' increased costs associated with terrorist-
related trials, including $3,115,000 as a contingent emergency 
appropriation. Within the funds provided, $4,343,000 is for 
perimeter security enhancements, such as protective window 
film, for courts with upcoming terrorist trials, including 
Alexandria, Virginia, Boston, Massachusetts, and New York, New 
York. In addition, $1,915,000 is provided to fund the costs 
associated with closed circuit transmission of the Moussaoui 
trial to victims of the September 11th attacks.

                 DEPARTMENT OF STATE AND RELATED AGENCY


                          DEPARTMENT OF STATE


                   Administration of Foreign Affairs


                    Diplomatic and consular programs

    The Committee recommends $51,050,000 for the operational 
and security costs of re-establishing missions in Kabul, 
Afghanistan, and Dushanbe, Tajikistan, domestic security needs, 
mail decontamination and safety requirements, medical services, 
and expansion of public diplomacy programs. The Committee 
recommendation includes $17,500,000 for public diplomacy 
initiatives.

               educational and cultural exchange programs

    The Committee recommends $20,000,000 for exchange programs, 
including $10,000,000 as a contingent emergency appropriation. 
The Committee recommendation includes funding for media 
training and English teaching programs, among other exchange 
programs targeted at improving communication and mutual 
understanding with the Muslim world. The Committee directs the 
Department to allocate funds provided under this heading in 
this Act for exchange programs involving countries not already 
covered by the Freedom Support Act.

             embassy security, construction and maintenance

    The Committee recommends $200,516,000 for the costs of 
renovations and new construction on the existing chancery 
compound in Kabul, Afghanistan, and for the costs of site 
acquisition and construction of a new chancery in Dushanbe, 
Tajikistan. The Committee notes that projected staffing levels 
for both posts represent dramatic increases over historical 
levels. In order to ensure that a rigorous right-sizing 
methodology is applied to the staffing of these posts, the 
Committee directs the Department to submit to the Committee 
detailed staffing plans and justifications for both posts, 
before obligating funds provided under this heading.

           emergencies in the diplomatic and consular service

    The Committee recommendation does not include additional 
emergency appropriations requested under this heading. The 
Committee understands that sufficient carryover balances in 
this account are available, and that activities for which 
funding is requested do not require any additional legal 
authorities. The Committee therefore expects the Department to 
cover the costs of such activities within available funds under 
this heading.

              International Organizations and Conferences


              contributions to international Organizations

    The Committee recommends $7,000,000 for anticipated United 
Nations assessments to support the new United Nations 
administrative mission in Afghanistan.

        contributions for international peacekeeping activities

    The Committee recommends $43,000,000 to cover unanticipated 
increased assessments for United Nations Peacekeeping in the 
Democratic Republic of the Congo. The Committee understands 
that this additional assessment is based on the level of U.N. 
personnel authorized in the current mandate, and does not 
assume an increase in that level.

                             RELATED AGENCY


                    Broadcasting Board of Governors


                 international broadcasting operations

    The Committee recommendation includes $7,400,000 for 
operational costs to continue surrogate radio broadcasting by 
Radio Free Europe/Radio Liberty to the people of Afghanistan in 
languages spoken in Afghanistan. The entire amount is 
designated as an emergency appropriation.

                   broadcasting capital improvements

    The Committee recommendation includes $7,700,000 as a 
contingent emergency appropriation for capital requirements 
associated with installation of a medium wave transmission 
facility in Tunisia to support the Board's Arabic broadcasting 
initiative.

                            RELATED AGENCIES


                   Securities and Exchange Commission


                         salaries and expenses

    The Committee provides $29,300,000 for the Securities and 
Exchange Commission, including $20,000,000 for 100 additional 
staff to address the Commission's growing oversight and 
enforcement workload, and $9,300,000 as a contingent emergency 
appropriation for recovery costs for the New York Regional 
Office, where office space was destroyed in the September 11th 
attacks.

                    General Provisions--This Chapter

    The Committee recommendation includes a provision waiving 
provisions of existing legislation that require authorizations 
to be in place prior to the expenditure of any appropriated 
funds.
    The Committee recommendation includes a technical 
correction to existing legislation regarding the collection of 
immigration inspection fees.
    The Committee recommendation includes language authorizing 
the closed circuit televising of the Moussaoui trial for 
victims of the September 11th attacks.
    The Committee recommendation includes language relating to 
participants in the Eisenhower Exchange Fellowship program.

                               CHAPTER 3


                    DEPARTMENT OF DEFENSE--MILITARY

    The supplemental request included $14,022,000,000 for the 
Department of Defense for military operations in support of the 
war on terrorism worldwide as well as the homeland security 
missions being carried out by our armed forces. This 
supplemental funding would pay reserve and national guard 
personnel who have been mobilized or volunteered for active 
duty; accelerate production of precision munitions; procure 
certain special operations equipment; fund continued Command, 
Control, Communications, and Intelligence (C31) support to 
military operations, including the National Foreign 
Intelligence Program (NFIP), and enhanced communications and 
control for the Combatant Commanders and the White House.
    The Committee recommends $15,777,962,000 for continuing 
support to the war on terrorism, a net increase of 
$1,755,962,000 over the request, to address urgent requirements 
necessary to the war fighting effort and homeland defense. The 
additional funds over the request are for military operations 
and force readiness needs, costs associated with mobilization 
of the guard and reserves, replacement helicopters, chemical 
agent detection and destruction activities, and the purchase of 
aircraft radios to allow direct communications between military 
and civilian aircraft. The Committee believes these activities 
are vital to ensuring readiness for ongoing and potential anti-
terrorism combat operations.
    As requested by the President, the Committee has provided 
the majority of funding for Defense Department activities in 
the Defense Emergency Response Fund. The Committee directs the 
Department of Defense to transfer funds appropriated in the 
DERF to the Department's normal appropriations accounts for 
execution and that the Department separately track the cost of 
the war effort, and continue quarterly reporting as required by 
the Conference Report (H.R. 107-350) to the Fiscal Year 2002 
Department of Defense Appropriations Act, Public Law 107-117. 
The entire amount appropriated to the DERF in this Act is to be 
addressed in the quarterly reports.
    The Committee recognizes the difficulty involved in 
precisely predicting the conduct of military operations in an 
area extremely remote from the United States and in which 
existing infrastructure is quite limited. Accordingly, the 
Committee has recommended extending the availability of the 
Defense Emergency Response Fund in order to facilitate 
efficient execution.

                           Military Personnel

    The supplemental request included $206,000,000 for 
functions funded in title I, Military Personnel, of the 
Department of Defense Appropriations Act. The Committee 
recommends $206,000,000. The following table summarizes the 
requested amounts and the Committee recommendations.

                                            [In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
                                                                                  Committee
                          Program                                Request       recommendation        Change
----------------------------------------------------------------------------------------------------------------
Military Personnel, Air Force.............................         $206,000          $206,000                 0
    Personnel Readiness...................................         (206,000)         (206,000)               (0)
----------------------------------------------------------------------------------------------------------------

                       Operation and Maintenance

    The supplemental request included $923,500,000 for 
functions funded in title II, Operation and Maintenance, of the 
Department of Defense Appropriations Act. The Committee 
recommends $1,092,225,000. The following table summarizes the 
requested amounts and the Committee recommendations.

                                            [In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
                                                                                  Committee
                          Program                                Request       recommendation        Change
----------------------------------------------------------------------------------------------------------------
Operation and Maintenance, Army...........................         $107,000          $226,000          +119,000
    C3I Classified........................................         (101,800)         (103,800)          (+2,000)
    C3I Site R............................................           (5,200)           (5,200)               (0)
    Overseas Contingency Operations.......................               (0)         (117,000)        (+117,000)
Operation and Maintenance, Navy...........................           36,500            53,750           +17,250
    C3I Classified........................................          (36,500)          (53,750)         (+17,250)
Operation and Maintenance, Air Force......................           41,000            60,500           +19,500
    C3I Classified........................................          (32,000)          (51,500)         (+19,500)
    Weapons and Munitions--UAV............................           (9,000)           (9,000)               (0)
Operation and Maintenance, Defense-Wide...................          739,000           751,975           +12,975
    C3I Classified........................................         (283,600)         (296,575)         (+12,975)
    C3I Homeland Security IT..............................          (32,000)          (32,000)               (0)
    C3I White House Communications........................           (3,400)           (3,400)               (0)
    C3I Coalition Support.................................         (420,000)         (420,000)               (0)
----------------------------------------------------------------------------------------------------------------

                    defense emergency response fund

    The supplemental request included $11,300,000,000 for 
incremental costs of military operations and mobilization to 
conduct the global war on terrorism. The Committee recommends 
$12,693,972,000. The following table summarizes the requested 
amounts and the Committee recommendations.

                                            [In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
                                                                                  Committee
                          Program                                Request       recommendation        Change
----------------------------------------------------------------------------------------------------------------
Army......................................................       $3,550,700        $4,112,700          +562,000
    Military Operations...................................       (2,161,000)       (2,326,000)        (+165,000)
    Mobilization..........................................       (1,389,700)       (1,786,700)        (+397,000)
Navy......................................................        2,240,200         2,633,200          +393,000
    Military Operations...................................       (1,826,000)       (2,002,000)        (+176,000)
    Mobilization..........................................         (414,200)         (631,200)        (+217,000)
Marine Corps..............................................          257,800           261,800            +4,000
    Military Operations...................................          (51,000)          (51,000)               (0)
    Mobilization..........................................         (206,800)         (210,800)          (+4,000)
Air Force.................................................        3,795,500         4,130,572          +335,072
    Military Operations...................................       (1,947,000)       (2,110,072)        (+163,072)
    Mobilization..........................................       (1,848,500)       (2,020,500)        (+172,000)
Defense-Wide..............................................        1,455,800         1,555,700           +99,900
    Military Operations/Classified Activities.............       (1,212,000)       (1,311,900)         (+99,900)
    Mobilization (Defense Health Program).................         (243,800)         (243,800)               (0)
----------------------------------------------------------------------------------------------------------------

                    transfer to procurement accounts

    The Committee has included language in the accompanying 
bill which allows the Secretary of Defense to transfer funds 
from the DERF to procurement accounts of the Department of 
Defense. The Committee directs that the funds transferred to 
procurement accounts shall be used only for the purpose of 
acquiring repair parts and components, including kits, 
assemblies and subassemblies, and interceptor body armor 
including small arms protective insert plates and outer 
tactical vests.

                    army operations and mobilization

    Supplemental funding of $4,112,700,000 is recommended for 
the Army in the DERF account. The recommendation is an increase 
of $562,000,000 above the amount requested and includes an 
additional $165,000,000 for military operations (training, 
spares and base operations) and an additional $397,000,000 only 
for mobilization costs. The Committee directs that $20,000,000 
of the funds provided to the Army in the DERF be available only 
to accelerate fielding of next generation protective body armor 
to U.S. forces in high-risk locations. Experience in 
Afghanistan has already shown that the new Interceptor body 
armor provides soldiers far greater protection than the 
standard ``flak vest'', especially against high velocity 
rounds. The Committee expects these funds to provide 12,000 
sets of Small Arms Protective Insert Plates ($13,000,000) and 
9,434 sets of Outer Tactical Vests ($7,000,000).

                    navy operations and mobilization

    Supplemental funding of $2,633,200,000 is recommended for 
the Navy in the DERF account. The recommendation is an increase 
of $393,000,000 above the amount requested and includes an 
additional $176,000,000 for military operations (training, 
spares and depot maintenance), of which $2,000,000 is available 
for NASNI facility renovation project #18-99, and an additional 
$217,000,000 only for mobilization costs.

                marine corps operations and mobilization

    Supplemental funding of $261,800,000 is recommended for the 
Marine Corps in the DERF account. The recommendation is an 
increase of $4,000,000 above the amount requested only for 
additional mobilization costs.

                 air force operations and mobilization

    Supplemental funding of $4,130,572,000 is recommended for 
the Air Force in the DERF account. The recommendation is an 
increase of $335,072,000 above the amount requested and 
includes an additional $163,072,000 for military operations 
(base operations and depot maintenance), of which $1,500,000 is 
available for NAIC's TRV project, and $7,000,000 is available 
only for Predator B flying hours, testing and related costs, 
and an additional $172,000,000 only for mobilization costs.

                Defense-wide operations and mobilization

    Supplemental funding of $1,555,700,000 is recommended for 
Special Operations Command and other Defense-Wide activities in 
the DERF account. The recommendation includes an increase of 
$100,000,000 above the amount requested, to support classified 
programs (discussed in the classified annex to this report), as 
well as transfer authority for these activities; and a 
reduction of $100,000 to the budget request for administrative 
activities of the Department of Defense.

                 defense force protection requirements

    The Committee notes that even though billions of dollars 
have been appropriated to enhance force protection capabilities 
around the world over the last several years, there continues 
to be a large and growing number of unfunded force protection 
needs as threat levels change and new circumstances arise. The 
Committee needs to be assured that the Department of Defense is 
developing its force protection requirements and setting its 
force protection priorities according to a rigorous analysis 
that is systematic, standardized, and site specific. The 
Secretary of Defense is directed to submit a report to the 
congressional defense committees within 45 days of enactment of 
this Act that (1) describes in detail the process by which 
force protection requirements are set and priorities are 
determined by each service, and how priorities are determined 
between the validated requirements of different services; (2) 
breaks down the annual funds appropriated and obligated for 
force protection improvements by service and by major project 
category for fiscal years 1998-2002, and what funds are 
programmed annually for fiscal years 2003-2008; (3) lists the 
validated unfunded force protection requirements for each 
military service for fiscal year 2003 and beyond; (4) breaks 
down the number of AC/RC personnel that have been dedicated to 
force protection for each fiscal year from 1998 through 2002 by 
service and explains the PERSTEMPO impacts that current high 
security workloads are having on the operational readiness and 
quality of life for military personnel; (5) explains how 
technology can be used to replace or augment manpower-intensive 
security practices and how such practices are being 
comprehensively and systematically analyzed to assess the 
potential of replacing personnel with technological solutions.

                              Procurement

    The supplemental request included $1,429,800,000 for 
functions funded in title III, Procurement, of the Department 
of Defense Appropriations Act. The Committee recommends 
$1,454,265,000. The following table summarizes the requested 
amounts and the Committee recommendations.

                                            [In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
                                                                                  Committee
                          Program                                Request       recommendation        Change
----------------------------------------------------------------------------------------------------------------
Other Procurement, Army...................................          $79,200           $79,200                 0
    C3I Classified........................................          (10,400)          (10,400)               (0)
    C3I Site R............................................          (68,800)          (68,800)               (0)
Aircraft Procurement, Navy................................           22,800            22,800                 0
    C3I Classified........................................           (8,000)           (8,000)               (0)
    C3I White House Communications........................          (14,800)          (14,800)               (0)
Procurement of Ammunition, Navy and Marine Corps..........          262,000           262,000                 0
    Weapons and Munitions--JDAM...........................         (262,000)         (262,000)               (0)
Other Procurement, Navy...................................            2,500             2,500                 0
    C3I Classified........................................           (2,500)           (2,500)               (0)
Procurement, Marine Corps.................................            3,500             3,500                 0
    C3I Classified........................................           (3,500)           (3,500)               (0)
Aircraft Procurement, Air Force...........................           93,000           129,500           +36,500
    Weapons and Munitions--UAV............................          (93,000)          (93,000)               (0)
    F-15 VHF Radios.......................................               (0)          (36,500)         (+36,500)
Procurement of Ammunition, Air Force......................          115,000           115,000                 0
    Weapons and Munitions--JDAM...........................         (115,000)         (115,000)               (0)
Other Procurement, Air Force..............................          752,300           735,340           -16,960
    C3I Classified........................................         (752,300)         (735,340)         (-16,960)
Procurement, Defense-Wide.................................           99,500           104,425            +4,925
    C3I Classified........................................          (46,900)          (51,825)          (+4,925)
    C3I White House Communications........................          (14,800)          (14,800)               (0)
    Weapons and Munitions--Task Force 160.................          (12,800)          (12,800)               (0)
    Weapons and Munitions--Non Standard Ammunition........           (6,400)           (6,400)               (0)
    Weapons and Munitions--Standard Ammunition............           (1,000)           (1,000)               (0)
    Weapons and Munitions--Helicopter Weapons.............           (3,500)           (3,500)               (0)
    Weapons and Munitions--APQ Radar Overheat Mitigation..           (3,300)           (3,300)               (0)
    Weapons and Munitions--MH-60 Enhancement..............           (8,600)           (8,600)               (0)
    Weapons and Munitions--CAS Suite......................           (2,200)           (2,200)               (0)
----------------------------------------------------------------------------------------------------------------

                    unmanned aerial vehicles (uavs)

    The Emergency Supplemental request includes a total of 
$125,000,000 for various unmanned aerial vehicle (UAV) 
programs. The Committee has provided a total of $102,000,000 as 
follows:

Aircraft Procurement, Air Force
    1. Global Hawk High Altitude Endurance UAV:
        Replacement of air vehicle and sensor suite.....     $35,000,000
        Backfill for cameras P1 and P2..................      13,000,000
    2. Predator Medium Altitude UAV:
        Accelerate air vehicle production, support 
          weaponization.................................      45,000,000
Operation and Maintenance, Air Force
    Predator Medium Altitude UAV:
        Contractor logistics support, spares, equipment.       9,000,000

    The Committee does not agree to provide the $23,000,000 in 
Research, Development, Test and Evaluation funds as requested 
for the high band subsystem SIGINT requirements for the Global 
Hawk.
    The Committee is not opposed to this effort, it is simply 
opposed to accommodating the requirement in this supplemental. 
In fact, in its March 8, 2002 letter to the Secretary of the 
Air Force, the Committee stressed its support for the high band 
subsystem SIGINT requirement by directing that it be 
accommodated with funds remaining subsequent to the acquisition 
of an RC-135 acquired with appropriations made available in a 
previous supplemental. The Committee remains convinced this is 
the best method of accommodating this requirement.

               Research, Development, Test and Evaluation

    The supplemental request included $162,700,000 for 
functions funded in title IV, Research, Development, Test and 
Evaluation, of the Department of Defense Appropriations Act. 
The Committee recommends $189,000,000. The following table 
summarizes the requested amounts and the Committee 
recommendations.

                                            [In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
                                                                                  Committee
                          Program                                Request       recommendation        Change
----------------------------------------------------------------------------------------------------------------
Research, Development, Test and Evaluation, Army..........           $8,200            $8,200                 0
    Weapons and Munitions--Hemostatic Dressing............           (8,200)           (8,200)               (0)
Research, Development, Test and Evaluation, Navy..........           19,000             9,000           -10,000
    C3I Classified........................................          (10,000)               (0)         (-10,000)
    C3I White House Communications........................           (9,000)           (9,000)               (0)
Research, Development, Test and Evaluation, Air Force.....           60,800            99,800            39,000
    C3I Classified........................................          (37,800)          (99,800)         (+62,000)
    Weapons and Munitions-UAV.............................          (23,000)               (0)         (-23,000)
Research, Development, Test and Evaluation, Defense-Wide..           74,700            72,000            -2,700
    C3I Classified........................................          (74,700)          (52,000)         (-22,700)
    Remote CB Agent Vapor Detection System................               (0)          (20,000)         (+20,000)
----------------------------------------------------------------------------------------------------------------

      remote chemical and biological agent vapor detection system

    The Committee is aware that the Department has initiated 
testing to employ commonly used radars in the detection of 
chemical and biological agents. Early results of the testing 
indicate this remote chemical and biological agent vapor 
detection system used in conjunction with Doppler radar sites 
has the potential to provide a rapid chemical and biological 
defense umbrella for the nation. The Committee has provided 
$20,000,000 above the budget request to further pursue this 
initiative. The Committee directs the Undersecretary of Defense 
for Acquisition, Technology and Logistics to submit to the 
congressional defense committees within 45 days of enactment of 
this Act, a program plan to accelerate the development, 
testing, training and deployment of this system at 153 existing 
Doppler radar sites of the National Weather Service and the 
Federal Aviation Administration. The plan shall include a 
budget profile for fiscal year 2002 and fiscal year 2003 
including the use of these funds for software development, 
installation of a new monitoring system, training of operators, 
and continuing operations, and be coordinated on an expedited 
basis with the FAA, NOAA, Coast Guard, EPA, and the NWS to 
ensure successful implementation.

               crusader next generation artillery system

    The Committee has received testimony from three Secretaries 
of Defense, three Secretaries of the Army and three Army Chiefs 
of Staff as to the importance of the Crusader Next Generation 
Artillery System in protecting American troops in battle.
    In light of the recently announced plans of the Secretary 
of Defense, to completely change direction on this program, the 
Committee believes that further review is essential before it 
can make an informed and definitive judgment. The Committee 
therefore directs that the Secretary of Defense shall take no 
action that would precipitously stop work on the Crusader 
program until Congress has made a definitive judgment in 
legislation on the future of the program.
    Further, the Committee directs the Secretary to submit a 
report to Congress no later than June 15, 2002, which shall lay 
out and assess a recommended alternative to the Crusader 
program that will provide equal or better combat capability 
compared to the Crusader howitzer at the same or less cost and 
within the same timeframe as the existing plan for the Crusader 
program, as measured by:
          (1) flexibility and responsiveness of fires;
          (2) continuous, accurate and sustained rates of fire 
        and rates of kill in all weather conditions;
          (3) employment in proximity to friendly forces to 
        support close combat (less than one kilometer);
          (4) resupply and sustainability;
          (5) cost of munitions;
          (6) force structure supportability;
          (7) mobility to fully meet tactical requirements of 
        the counter-attack corps;
          (8) system and crew survivability;
          (9) lethality to destroy, isolate, fix and suppress 
        enemy forces; and
          (10) networked fires to link and process 
        intelligence, surveillance and reconnaissance (ISR), 
        command and control (C2), fires and logistics data in 
        real time.
    The Committee also directs the Chief of Staff of the Army 
to submit a separate detailed written analysis of alternatives 
to the Crusader based on the same criteria by June 15, 2002.

                          CLASSIFIED PROGRAMS

    The Committee's recommendations regarding classified 
programs are summarized in a classified annex accompanying this 
report.

                    General Provisions--This Chapter

    Section 301 of the Committee bill includes a general 
provision requested in the supplemental request which would 
include language to ``Research, Development, Test and 
Evaluation, Navy'' to permit funds be used for the Special 
Operations Forces requirements related to the V-22.
    Section 302 of the Committee bill amends a general 
provision requested in the supplemental request concerning 
obligation of funds in the Defense Cooperation Account to be 
transferred, following prior notification to the congressional 
defense committees, to other appropriations accounts.
    Section 303 of the Committee bill amends a general 
provision requested in the supplemental request which allows 
the President to waive certain certification requirements 
required in the Cooperative Threat Reduction Act and the 
Freedom Support Act.
    Section 304 of the Committee bill includes a general 
provision requested in the supplemental request concerning 
funds for intelligence related programs.
    Section 305 of the Committee bill amends a general 
provision requested in the supplemental to change the deadline 
for submitting a request for multiple reprogrammings to the 
Congress.
    Section 306 of the Committee bill includes a general 
provision requested in the supplemental request which makes 
funds available in ``Chemical Agents and Munitions Destruction, 
Army'' available for the payment of costs for international 
inspectors.
    Section 307 of the Committee bill amends a general 
provision requested in the supplemental request which allows 
broader authority to the Department of Defense for assistance 
to Colombia.
    Section 308 of the Committee bill includes a new general 
provision which provides $93,000,000 to acquire three MH-47 
helicopters for the Special Operations Command. The Committee 
is aware that there is an urgent need for a total of nine 
additional MH-47s to support current mission requirements. The 
Committee has been advised that three CH-47D helicopters are 
being purchased and modified to the MH-47 configuration with 
Defense Emergency Response Funds previously provided by the 
Committee, and that the funding provided in this bill will 
allow for the purchase and modification of an additional three 
helicopters. The Committee directs the Secretary of Defense to 
provide a report to the congressional defense committees 
outlining the Department's plans to acquire additional MH-47 
helicopters to meet these urgent requirements not later than 30 
days after enactment of this act.
    Section 309 of the Committee bill includes a new general 
provision which provides $100,000,000 to accelerate chemical 
agent destruction programs.
    Section 310 of the Committee bill includes a new general 
provision which rescinds $29,000,000 of prior year 
appropriations in ``Other Procurement, Air Force, 2001/2003'' 
and $30,000,000 in ``Procurement, Defense-Wide, 2002/2004.''
    Section 311 of the Committee bill includes a new general 
provision which states that Section 2533a of title 10 does not 
apply to Section 8159 of Public Law 107-117.
    Section 312 of the Committee bill amends a general 
provision requested in the supplemental request, and provides 
authority for the Secretary of Defense to use funds available 
in the ``Defense Emergency Response Fund'' to reimburse 
cooperating nations for logistical and military support 
provided to the United States military in connection with the 
war on terrorism.
    As provided for in section 312, ``goods and services'' 
includes the provision to U.S. forces of items such as 
petroleum, oil and lubricants, ground transportation, airlift, 
base operations support, spares and components replenishment, 
repair and maintenance, communications and communications 
services, ammunition, special rations food, special climate 
clothing, and surveillance and intelligence support.
    The Administration's supplemental request proposed a new 
general provision to amend Section 8052(b) of the Department to 
Defense Appropriations Act for fiscal year 2002, which 
prohibits the establishment of a field operating agency except 
in cases where the Secretary of Defense certifies that granting 
a waiver to establish a field operating agency will result in 
reduced personnel or financial requirements for the Department. 
The Administration proposed adding a third waiver provision, 
the intent of which was to permit the establishment of a new 
field operating agency, the Pentagon Force Protection Agency 
(PFPA) in fiscal year 2002, with the goal of providing enhanced 
security of defense facilities and personnel in the National 
Capital Region, in particular the Pentagon Reservation. The 
security is currently provided by the Washington Headquarters 
Services, as augmented by military police units of the Reserves 
and National Guard.
    The Committee bill does not include the requested general 
provision. The Committee wants to ensure that the direction 
taken to enhance security for defense facilities and personnel 
in the National Capital Region, including the Pentagon 
Reservation is based upon a thorough analysis that is carefully 
crafted, executed and reviewed. The Committee directs the 
Secretary of Defense to submit a report to the congressional 
defense committees within 30 days of enactment of this Act, on 
the cost, necessity, and expected benefits of establishing the 
Pentagon Force Protection Agency. The Committee expects this 
report to include a description of how a new organization would 
operate compared to the operations currently managed by the 
Washington Headquarters Services, why this organization would 
be expected to provide better security protection than under 
the previous management structure, a comparison of civilian and 
military personnel assigned to security services under the old 
and new structures, a comparison of total costs under the old 
and new structures for providing security in the national 
capital region for fiscal years 2001 and 2002, and expected 
annual costs for 2003-2008 by service and by major expense 
category, and a description of technology upgrades that have 
been or will be employed to reduce overall personnel costs and 
improve security.

                               CHAPTER 4


                          DISTRICT OF COLUMBIA


                       District of Columbia Funds


                           Operating Expenses

                          Division of Expenses

                   Governmental Direction and Support

    The Committee amends language contained in the District of 
Columbia Appropriations Act, 2002 to allow the funds provided 
to the Office of the Corporation Counsel to be used to support 
attorney compensation consistent with performance measures 
contained in a negotiated collective bargaining agreement.

                        Public Education System

                              (Rescission)

    The Committee rescinds $37,000,000 of the Public Charter 
School surplus. This surplus resulted from a lower than 
projected student enrollment and will be used to address 
shortfalls in the Child and Family Services Agency and the 
Department of Mental Health.

                         Human Support Services

    From funds rescinded under the public education system, the 
Committee recommends $11,000,000 for the Child and Family 
Services Agency to address increased adoption case rates, 
higher case loads for adoption, and emergency group home 
utilization and $26,000,000 for the Department of Mental Health 
to address a Medicaid revenue shortfall.

                    Repayment of Loans and Interest

                              (Rescission)

    The Committee rescinds $7,950,000 from repayment of loans 
and interest. This funding is available due to lower interest 
rates and borrowing.

                     Certificates of Participation

    From funds rescinded under repayment of loans and interest, 
the Committee recommends $7,950,000 to be used for certificates 
of participation.

                        Administrative Provision

    The Committee amends language contained in the District of 
Columbia Appropriations Act, 2002 to allow grants to be 
delivered after 14 calendar days of receipt by Council (barring 
no written notice of disapproval by a Council member) instead 
of requiring Council to pass a law to approve every grant 
notification submitted for approval.

                    General Provisions--This Chapter

    Sec. 401. The Committee includes a provision to allow the 
District of Columbia to use up to 1 percent of the funds 
appropriated to the District of Columbia under the Department 
of Defense and Emergency Supplemental Appropriations for 
Recovery From and Response to Terrorist Attacks on the United 
States Act, 2002 to fund the administrative costs that are 
needed to fulfill the purposes of that Act.
    Sec. 402. The Committee amends language contained in the 
District of Columbia Appropriations Act, 2002 to clarify that 
the DC Courts are allowed to transfer 50 percent of the fund 
balance from the Crime Victims Compensation Fund to the 
District's newly established Crime Victims Fund for outreach 
activities.
    Sec. 403. The Committee includes a provision to allow any 
funds not required to meet the seven percent cash reserve 
balance to be used to address potential deficits in addition to 
Pay-As-You-Go Capital Funds.

                               CHAPTER 5


                      DEPARTMENT OF DEFENSE--CIVIL


                         DEPARTMENT OF THE ARMY


                       Corps of Engineers--Civil


                   Operation and Maintenance, General

    The Committee has provided $128,400,000 for the Corps of 
Engineers to continue to undertake security improvements at its 
facilities. The funds will be used for continuing assessments 
of security requirements, the implementation of Department of 
the Army force protection standards at critical infrastructure 
projects and other facilities, and for increased requirements 
under the Corps' National Emergency Preparedness Program. The 
Committee has also included language which would permit these 
funds and funds appropriated under Public Law 107-117 to be 
used at any facility owned or operated by, or on behalf of, the 
Corps of Engineers, including administrative buildings and 
facilities. The entire amount has been designated by the 
Congress 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 availability of these funds is contingent on receipt of 
a budget request from the President designating the requested 
funds as an emergency requirement pursuant to the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended.

                          DEPARTMENT OF ENERGY


                            Energy Programs


                                Science

    The Committee has provided an additional $29,000,000 for 
the Office of Science to enhance safeguards and security at DOE 
Science laboratories. These funds are to be used to provide 
additional physical and cyber security to protect vulnerable 
facilities, materials, and information. The Administration's 
supplemental request included no additional funds for this 
activity.
    The availability of these funds is contingent on receipt of 
a budget request from the President designating the requested 
funds as an emergency requirement pursuant to the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended.

                National Nuclear Security Administration


                           Weapons Activities

    The Committee has provided an additional $125,400,000 for 
Weapons Activities, an increase of $106,000,000 over the budget 
request. The recommendation includes the budget request of 
$19,400,000 for nuclear weapons incident response and emergency 
response activities.
    Additional funding of $18,000,000 has been provided for 
secure transportation of nuclear weapons and nuclear materials.
    Additional funding of $88,000,000 has been provided for 
increased safeguards and security needs at the Department's 
nuclear weapons facilities in fiscal year 2002. Of this 
funding, a minimum of $15,000,000 is provided for the Pantex 
Plant in Texas and $30,000,000 for the Y-12 Plant in Tennessee.
    Funding of $19,400,000 has been designated by the President 
as an emergency requirement pursuant to the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended. The 
availability of the remaining $106,000,000 is contingent on 
receipt of a budget request from the President designating the 
entire amount as an emergency requirement pursuant to the 
Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended.

                    defense nuclear nonproliferation

    The Committee has provided an additional $5,000,000 for 
Defense Nuclear Nonproliferation to enhance international 
safeguards activities. The Administration's supplemental budget 
request included no additional funds for these activities. In 
addition to the new funding of $5,000,000, the Committee 
directs the Department to provide an additional $10,000,000 
from within available funds for international safeguards 
activities. The $10,000,000 includes $6,000,000 to be derived 
from funds appropriated in fiscal year 2001 to construct a 
civilian spent nuclear fuel storage facility which has been 
cancelled and $4,000,000 from unobligated balances in the 
defense nuclear nonproliferation program.
    An important complement to the United States campaign 
against nuclear proliferation and nuclear terrorism is the 
International Atomic Energy Agency's (IAEA) role in 
establishing nuclear safeguards to protect non-Russian 
plutonium and uranium in facilities around the world. The 
Department of Energy plans to expand its support to IAEA 
nuclear material security programs. To expedite this effort, 
the Committee has provided a total of $15,000,000. Funding of 
$6,000,000 is provided for the U.S.-DPRK Agreed Framework; 
$4,000,000 is provided for additional IAEA safeguards and 
nonproliferation policy support for specific countries under 
safeguards; and $5,000,000 is provided for nuclear materials 
security programs in IAEA member countries.
    The Committee directs that within fifteen days of enactment 
of this Act, the Deputy Administrator for Defense Nuclear 
Nonproliferation shall submit a report to the Armed Services 
and Appropriations Committees of Congress to indicate which 
nuclear non-proliferation programs were reduced to implement 
this direction and by what amounts.
    The total of $15,000,000 provided above for International 
Safeguards, plus the amount appropriated by Congress in the 
Energy and Water Development Appropriations Act for fiscal year 
2002 for International Safeguards, is hereby designated to be 
of special Congressional interest. These funds may only be used 
for International Safeguards and may not be reprogrammed to 
other purposes. The Committee further directs the Secretary of 
Energy to ensure that the additional funds provided in this 
bill are obligated by September 30, 2002 for the specific 
purposes identified by the Committee.
    It is the Committee's intent that these additional funds be 
used in a manner that provides demonstrable near-term results 
in improving global security of nuclear materials. To that end, 
until further notice, the Committee directs the Deputy 
Administrator for Defense Nuclear Nonproliferation to submit a 
monthly report to the Armed Services and Appropriations 
Committees of Congress on the status of these funds, the 
specific activities initiated, and the status of each activity 
until completed.
    The availability of these funds is contingent on receipt of 
a budget request from the President designating the requested 
funds as an emergency requirement pursuant to the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended.

               Environmental and Other Defense Activities


         Defense Environmental Restoration and Waste Management

    The Committee has provided an additional $67,000,000 for 
Defense Environmental Restoration and Waste Management to 
enhance safeguards and security at several Department of Energy 
environmental management cleanup sites. These funds are to be 
used to provide additional physical and cyber security to 
protect vulnerable facilities, materials, and information. The 
Administration's supplemental budget request included no 
additional funds for these activities.
    The availability of these funds is contingent on receipt of 
a budget request from the President designating the requested 
funds as an emergency requirement pursuant to the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended.

                  Defense Facilities Closure Projects

    The Committee has provided an additional $16,600,000 for 
Defense Facilities Closure Projects to enhance safeguards and 
security at several Department of Energy sites. These funds are 
to be used to provide additional physical and cyber activity 
security to protect vulnerable facilities, materials, and 
information. The Administration's supplemental budget request 
included no additional funds for these activities.
    The availability of these funds is contingent on receipt of 
a budget request from the President designating the requested 
funds as an emergency requirement pursuant to the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended.

                        other defense activities

    The Committee has provided an additional $7,000,000 for 
Other Defense Activities for critical energy security and 
assurance activities, the same as the budget request. Of these 
funds, $4,200,000 is to fund vulnerability assessments of 
critical energy infrastructure sites around the Nation; 
$1,800,000 is to provide training for energy emergencies; and 
$1,000,000 is for the program direction account to fund Federal 
employees and related logistical support necessary to implement 
critical energy assurance activities.
    The entire amount has been designated by the President as 
an emergency requirement pursuant to 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

    The Committee recommendation includes $200,000,000, to 
remain available until December 30, 2002, for emergency 
expenses for activities related to combating AIDS, 
tuberculosis, and malaria. Bill language is also recommended 
that provides that funds made available in this or prior Acts 
under this heading and under the heading ``Child Survival and 
Disease Program Fund'' 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. In addition, the entire amount is 
designated by the Congress as an emergency requirement pursuant 
to section 251(b)(2)(A) of the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended, and 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 said Act is transmitted by the 
President to the Congress.

                   international disaster assistance

    The Committee is recommending $190,000,000 for 
``International Disaster Assistance'', rather than $40,000,000 
as requested by the President. These funds include $150,000,000 
for activities in Afghanistan and, if feasible, not to exceed 
$40,000,000 in adjacent Federally Administered Tribal Areas 
(FAA) in Pakistan. The President requested $40,000,000 for 
projects in FATA under the heading ``Economic Support Fund''. 
These funds would be available for obligation until September 
30, 2003, and would become available for obligation 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.
    The Committee notes that in several appropriations 
accounts, including ``International Disaster Assistance'', the 
President's request specifies that supplemental funds would be 
available for obligation until September 30, 2002. The only 
exceptions are funds requested in several accounts for 
assistance for Afghanistan. The Committee strongly supports the 
programming and obligation of supplemental funds prior to the 
end of the current fiscal year, and has only provided 
flexibility in an effort to avoid the unintentional lapse of 
funds due to events beyond the control of the implementing 
agencies.
    The funds for Pakistan had been requested under ``Economic 
Support Fund,'' to be administered by the Bureau of 
International Narcotics and Law Enforcement Affairs. However, 
the activities to be funded primarily include transportation 
and communications infrastructure. These activities are more 
appropriately administered by the United States Agency for 
International Development.

                              afghanistan

    The Committee recognizes that the situation in Afghanistan 
is extremely fluid, and is providing additional reconstruction 
assistance using the most flexible vehicle available, the 
United States Agency for International Development's 
International Disaster Assistance account.
    The Committee is aware that the fundamental necessary 
condition for full-scale implementation of our relief and 
reconstruction effort is the restoration of basic security in 
Afghanistan, for which funds are provided under other headings. 
The Committee further recognizes that relief and reconstruction 
in Afghanistan requires advancing on several programmatic 
fronts simultaneously in order to overcome the effects of more 
than two decades of war and inter-ethnic strife. Our efforts, 
in the current context in Afghanistan, will require:
           Continued food and other humanitarian relief 
        for the foreseeable future, certainly for at least the 
        coming year, to save lives and reduce human suffering;
           Ongoing, focused support for the millions of 
        Afghans who have returned from refugee status or 
        internal displacement to reclaim their lives and lands, 
        and who will require sustained help to reintegrate into 
        their former communities;
           Strategic investment in the rebuilding of 
        key parts of Afghanistan's infrastructure, especially 
        essential bridges and road segments, both to illustrate 
        a visible ``peace dividend'' and to provide the sinews 
        for economic revitalization;
           Immediate revitalization of the agricultural 
        economy, which sustains 85 percent of the population, 
        and which can show the highest short-term return on 
        reconstruction investments;
           Rehabilitation of the educational system, 
        with a special emphasis on girls education, will build 
        on the early successes in the spring ``back to school'' 
        campaign;
           A significant investment in basic 
        healthcare, with an emphasis on maternal and child 
        health, both to improve living conditions, and to 
        contribute to economic recovery;
           Direct support to rebuilding the capacity of 
        Afghanistan's governmental institutions, especially the 
        ministries of the Afghan Interim Authority and the 
        future Transitional Administration, which have been 
        destroyed by conflict and misuse, as well as the 
        capacity of non-governmental public institutions; and,
           Changes to legal regimes and policy 
        frameworks, and fiscal and monetary policy reforms, to 
        stimulate both domestic and foreign private investment, 
        without which long-term economic recovery will not be 
        sustainable.
    As security and other conditions allow for the extension of 
relief and reconstruction activities, the Committee continues 
to urge that special attention be given, in all of the 
activities outlined above, to the role of women in the 
rebuilding of Afghanistan. The Committee continues to believe 
that women, in addition to having suffered greatly during the 
past 23-year conflict, constitute the greatest underutilized 
asset in Afghanistan. The range of activities that focus on 
healthcare for women, microcredit and other entrepreneurial 
activities, income generating opportunities for vulnerable 
women, education, and full participation should be expanded 
with the additional funds provided herein. Moreover, the impact 
on women of all relief and reconstruction activities funded 
herein, and the role of women in those activities, should be an 
essential part of program design and implementation. The 
Committee believes that the newly formed Ministry of Women's 
Affairs can serve as a vital focal point for support to Afghan 
women, and urges priority support for the Ministry and its 
legal advocacy, education, and vocational training programs. 
The work of the Ministry is critical to the rebuilding of a 
peaceful, democratic Afghanistan in which women and girls have 
full rights.
    The Committee recognizes that the uncertain security 
environment in Afghanistan will continue to place practical 
limitations on activities in fiscal year 2002, and perhaps into 
the future. Without diminishing these legitimate security 
concerns, the Committee expects that the United States Agency 
for International Development and other agencies engaged in 
essential relief and reconstruction activities will, with due 
regard for the personal safety of its personnel, create and 
maintain a sufficiently robust program platform in Kabul and 
outlying regions of Afghanistan to permit program development 
and execution to proceed as rapidly as possible. An improved 
security situation both in Kabul and outlying areas would 
enable private humanitarian and development organizations, as 
well as officials, to more safely expand and continue their 
work, and to enhance the ability of the Transitional Authority 
to govern.

   operating expenses of the united states agency for international 
                              development

    The Committee is recommending $7,000,000 for ``Operating 
Expenses of the United States Agency for International 
Development'', as requested. These funds would be used to 
implement programs recommended elsewhere in this chapter, and 
for security costs in Afghanistan and Pakistan.

                  Other Bilateral Economic Assistance


                         economic support fund

    The Committee is recommending $460,000,000 for ``Economic 
Support Fund'', to remain available until September 30, 2003.
    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. The 
President's budget request had included a provision to make 
these funds available notwithstanding any other provision of 
law. However, the Committee is reluctant to provide such a 
sweeping waiver of existing law without adequate justification. 
According to information obtained during a hearing on April 18, 
2002, with the Deputy Secretary of State, the major impediment 
to the obligation of funds under this account is the so-called 
``Brooke amendment'', which prohibits assistance to countries 
that are not current in debt payments to the United States. 
Therefore the waiver included in the Committee recommendation 
specifically cites this provision and any similar provision of 
law.
    The Committee recommendation does not include $25,000,000 
of the $50,000,000 requested for the Middle East Economic 
Initiative (MEEI). While the Committee strongly supports the 
goals of this program, it notes that $5,140,200,000 has been 
allocated during fiscal year 2002 for programs in the Middle 
East. It expects that much of this funding should be made 
available for maximizing economic and educational opportunity, 
strengthening civil society and the rule of law, and providing 
support for necessary economic policy, as provided for under 
the proposed new initiative. In addition, there is no 
indication that follow-on funds will be made available for this 
initiative in fiscal year 2003. While the Committee would 
support the use of a portion of these funds for pilot programs 
in the region, it is recommending that $25,000,000 be made 
available for urgent needs in Afghanistan under ``International 
Disaster Assistance''. Within the $25,000,000 remaining for 
this initiative, the Committee strongly supports the funding of 
additional scholarships for foreign students at American 
educational institutions in the Middle East, including 
scholarships for students from central Asia. In addition, to 
the extent that funds are programmed for promoting a fair and 
free media, emphasis should be placed on countering erroneous 
and negative press about the United States and our allies.
    In addition, the Committee is recommending that $40,000,000 
requested in this account for support for tribal areas in 
Pakistan be provided under ``International Disaster 
Assistance'', to be administered by the United States Agency 
for International Development. To the extent that such funds 
cannot be programmed in Pakistan, they should be made available 
for additional reconstruction assistance in Afghanistan.
    The Committee recommendation includes an additional 
$250,000,000 for ``Economic Support Fund'', to remain available 
until September 30, 2003. Of these funds, $200,000,000 shall be 
made available for assistance for Israel for activities 
relating to combating international terrorism. In addition, 
$50,000,000 shall be transferred to ``International Disaster 
Assistance'' to be made available for humanitarian and refugee 
assistance for the West Bank and Gaza. None of the funds 
provided for the West Bank and Gaza shall be available for 
assistance for the Palestinian Authority. The entire amount is 
designated by the Congress as an emergency requirement pursuant 
to section 251(b)(2)(A) of the Balanced Budget and Emergency 
Deficit Control Act of 1985, and 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, is transmitted by the President to the Congress.

    activities of the national endowment for democracy in venezuela

    The Committee is aware of concerns regarding recent 
activities supported by the National Endowment for Democracy in 
Venezuela. The Committee understands that the State Department 
Office of Inspector General (OIG) is currently conducting a 
comprehensive review of those activities. The Committee directs 
the OIG to submit a report on the findings of this review to 
the Committee by July 31, 2002. The Committee strongly 
encourages the State Department to withhold transfer of any 
funds from the Economic Support Fund to NED for activities in 
Venezuela until this report has been received by Congress.

    assistance for the independent states of the former soviet union

    The Committee is recommending $110,000,000 for ``Assistance 
for the Independent States of the Former Soviet Union'', as 
requested. These funds would remain available for obligation 
until September 30, 2003.

                          Department of State


          international narcotics control and law enforcement

    The Committee is recommending $120,000,000 for 
``International Narcotics Control and Law Enforcement''. These 
funds would remain available for obligation until September 30, 
2003.
    The Committee strongly supports the request of $25,000,000 
for assistance to Mexico in order to improve border 
infrastructure and security. The assistance will also be of 
direct benefit to the southwest border region of the United 
States. In programming such assistance, the Committee strongly 
encourages the Department of State to consult closely with U.S. 
communities along the southwest border and, prior to obligating 
the funds, provide the Committee a detailed expenditure plan to 
ensure strong accountability of this funding. In addition, 
while the request specifies that additional infrastructure will 
be targeted at high-volume ports of entry, the budget 
justification neglects to mention the border crossings near 
Nogales and Douglas, Arizona. The Committee strongly supports 
funding of improvements at these important ports of entry to 
improve border security and reduce illegal immigration and drug 
smuggling, improve health care opportunities for border 
residents and reduce the need for Mexicans to enter the U.S. 
for medical attention, and reduce wait times at the ports of 
entry.
    The Committee recognizes the troubling situation facing 
many internally displaced persons (IDPs) in Colombia. It is the 
Committee's understanding that the number of IDPs is 
multiplying as the civilian population bears much of the burden 
of the civil strife. Therefore the Committee recommends that 
out of the funds appropriated under this or other appropriate 
headings in this chapter, up to $10,000,000 be made available 
to the State Department for emergency IDP needs.
    Additionally, the Committee is concerned that the 
sustainment and maintenance costs of the C-130 transport planes 
for counterdrug aviation operations are not being funded. 
Therefore the Committee recommends up to $10,000,000 from funds 
appropriated under this heading should be made available for 
these purposes.
    The funds requested for U.S. assistance for Colombia for 
training and equipping Colombian Quick Reaction Forces as part 
of the Colombian Government's Infrastructure Protection program 
are included under this heading.

                    migration and refugee assistance

    The Committee is recommending $10,000,000 for ``Migration 
and Refugee Assistance'' for emergency expenses for activities 
related to refugee assistance in and around Afghanistan, to 
remain available until September 30, 2003. The entire amount is 
designated by the Congress as an emergency requirement pursuant 
to section 251(b)(2)(A) of the Balanced Budget and Emergency 
Deficit Control Act of 1985, and 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. The Committee is very concerned that adequate 
resources are not available to handle refugee assistance and 
resettlement activities in Afghanistan, and is recommending 
these funds to respond to these emergency needs.

    nonproliferation, anti-terrorism, demining and related programs

    The Committee is recommending $83,000,000 for 
``Nonproliferation, Anti-Terrorism, Demining and Related 
Programs'', as requested. These funds would remain available 
for obligation until September 30, 2003. Prior to the 
obligation of the $20,000,000 requested for Antiterrorism 
Assistance Mobile Emergency Training Teams, the Committee 
requests that the Department of State inform the Committees on 
Appropriations of the amount of such funds that would be made 
available for administrative costs.

                          MILITARY ASSISTANCE


                  Funds Appropriated to the President


                   foreign military financing program

    The Committee is recommending $366,500,000 for ``Foreign 
Military Financing Program''. 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, the Committee has included language to provide the 
Department of Defense with the authority to use $2,000,000 
requested by the President for the general costs of 
administering overseas military assistance programs. The 
Committee has recommended a $6,000,000 reduction in the 
President's request for Foreign Military Financing. These funds 
are requested as part of the U.S. assistance for Colombia for 
training and equipping Colombian Quick Reaction Forces as part 
of the Colombian Government's Infrastructure Protection 
program. The Committee includes these funds under the heading 
``International Narcotics Control and Law Enforcement''.

                        peacekeeping operations

    The Committee is recommending $20,000,000 for 
``Peacekeeping Operations,'' to remain available until 
September 30, 2003. 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.
    The Committee recommendation does not include $8,000,000 
requested for the training and equipping of a domestic 
peacekeeping force for Indonesia. The Committee strongly 
supports appropriate programs to support internal 
counterterrorism activities by the Government of Indonesia. 
However, $8,000,000 for this purpose has been requested, and is 
being recommended, under ``Nonproliferation, Anti-terrorism, 
Demining and Related Programs'' and is limited to law 
enforcement agencies. The request for funding under 
``Peacekeeping Operations'' would have included training and 
equipping of Indonesian military units for internal security 
activities.

                    MULTILATERAL ECONOMIC ASSISTANCE


                  Funds Appropriated to the President


      special payments to the international financial institutions

                              (rescission)

    The Committee recommendation provides that the unobligated 
balances of funds provided in Public Law 92-301 and Public Law 
93-142 for maintenance of value payments to international 
financial institutions are rescinded. The President's request 
specified that $157,000,000 in unobligated funds would be 
canceled; however, the Committee is aware that $159,000,000 is 
available for rescission and has so recommended.

                    General Provisions--This Chapter

    Under Section 601, the Committee recommendation includes 
language that provides that fiscal year 2002 funds and 
unexpired balances and assistance previously provided from 
prior years' Acts shall be available to support a unified 
campaign against narcotics trafficking, activities by 
designated terrorist organizations, and activities threatening 
human health and welfare.
    The new authorities provided are intended to be used 
against terrorist organizations identified through the State 
Department's processes. However, the Committee recognizes that 
in certain emergency situation, such as kidnappings, the use of 
United States assets may be required before the affiliation of 
the perpetrators has been determined.
    The Committee expects this authority will be continued in 
fiscal year 2003 unless the new government of Colombia fails to 
commit itself to the counterdrug and security policies of the 
Pastrana administration. The Committee also notes that these 
authorities will continue to be in effect in the event a 
continuing resolution is necessary for a portion of 2003.
    The notwithstanding authority requested by the President is 
not included because the Committee has determined it is not 
needed in 2002 and prior years under the current circumstances. 
If future events bring about the need for such notwithstanding 
authority, the Committee expects the Administration to consult 
with the Committee at that time.
    The Committee recommendation does not include two general 
provisions requested by the President that would have 
authorized the use of certain funds appropriated to the 
Department of Defense to support foreign nations and indigenous 
forces by providing defense articles, services, and training. 
The primary responsibility of the Secretary of State for 
foreign assistance, and in particular military assistance, is 
well established. Existing provisions of law under the Foreign 
Assistance Act, the Arms Export Control Act, and annual acts 
making appropriations for foreign operations, export financing, 
and related programs, already provide sufficient authority for 
the purposes identified in the President's request.
    Under section 602, the Committee is recommending that a 
total of $60,000,000 be rescinded from 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 and in prior Acts 
making appropriations for foreign operations, export financing, 
and related programs.
    Under section 603, the President shall transmit a report 
within 30 days after the date of enactment of this Act to the 
appropriate congressional committees on the United States 
policy and strategy to assist Colombia as well as to achieve a 
robust security environment in the Andean region. The report 
shall address the key objects of United States assistance to 
the Government of Colombia, the actions required by the United 
States to support and achieve those objectives, as well as a 
time schedule and cost estimates for implementing such actions, 
the role of the United States in the efforts of the Government 
of Colombia to provide security within the country, and how the 
strategy regarding Colombia relates to an affects the strategy 
of the United States.
    Under sections 604 and 605, the Committee requires the 
President to submit not later than July 31, 2002, his 
determination whether the United Nations Population Fund 
supports or participates in the management of a program of 
coercive abortion or involuntary sterilization.

                      reporting and notifications

    The Committee expects the Department of State and the 
United States Agency for International Development will 
implement programs, projects and activities recommended in this 
chapter consistent with the budget justification material 
submitted to the Congress, as modified by this recommendation. 
Any proposed changes in funding for programs, projects, and 
activities should be reported to the Committees on 
Appropriations in conformance with regular notification 
procedures. In addition, the Committee requests that the 
Administration submit a financial plan regarding the use of 
these funds within 30 days of the enactment of this Act.

                               CHAPTER 7


                       DEPARTMENT OF THE INTERIOR


                       Bureau of Land Management


                   Management of Lands and Resources

    The Committee recommends $658,000 for Management of Lands 
and Resources, as an emergency contingent appropriation, to 
repay unreimbursed law enforcement costs for security details 
at the main Department of the Interior building in Washington, 
DC.

                United States Fish and Wildlife Service


                          Resource Management

    The Committee recommends $1,443,000 for Resource 
Management, as an emergency contingent appropriation, to repay 
unreimbursed airport security detail overtime costs; to repay 
unreimbursed law enforcement costs for security detail overtime 
costs; to repay unreimbursed law enforcement costs for security 
details at the main Department of the Interior building in 
Washington, DC; and to reimburse continuity of operations costs 
at the National Conservation Training Center.

                         National Park Service


                 Operation of the National Park System

    The Committee recommends $1,173,000 for Operation of the 
National Park System, as an emergency contingent appropriation, 
to repay unreimbursed law enforcement costs for security 
details at the main Department of the Interior building in 
Washington, DC.

                              Construction

    The Committee recommends $19,300,000 for Construction, as 
an emergency contingent appropriation, for a security screening 
facility at the Washington Monument.

                    United States Geological Survey


                 Surveys, Investigations, and Research

    The Committee recommends $25,700,000 for Surveys, 
Investigations, and Research, as an emergency contingent 
appropriation, for infrastructure mapping in 120 urban areas 
across the United States.

                        Bureau of Indian Affairs


                      Operation of Indian Programs

                    (including rescission of funds)

    The Committee recommends $134,000 for Operation of Indian 
Programs, as an emergency contingent appropriation, to repay 
unreimbursed law enforcement costs for security details at the 
main Department of the Interior building in Washington, DC.
    The Committee also recommends that $5,000,000 in previously 
appropriated funds for electric power operations and related 
activities at the San Carlos Irrigation Project be rescinded 
and the balance be redirected to pay trust reform-related costs 
associated with the ongoing Cobell litigation or other 
litigation relevant to the management of Indian trust funds.

                          DEPARTMENTAL OFFICES


                        Departmental Management


                         Salaries and Expenses

    The Committee recommends $905,000 for Salaries and 
Expenses, as an emergency contingent appropriation, including 
$785,000 for the Department of the Interior Office of Homeland 
Security and $120,000 to repay unreimbursed law enforcement 
costs for security details at the main Department of the 
Interior building in Washington, DC.

                             RELATED AGENCY


                        Smithsonian Institution


                         salaries and expenses

    The Committee recommends $11,000,000 for Salaries and 
Expenses, as an emergency contingent appropriation, for 
security improvements at Smithsonian facilities and for ongoing 
security operations.

                              construction

    The Committee recommends $2,000,000 for Construction, as an 
emergency contingent appropriation, for Pod 5 planning and 
design. This facility is critically needed to provide sensitive 
materials storage.

                    General Provisions--This Chapter

    Section 701 directs that previously appropriated emergency 
funds, for wildland fire research activities and capital 
improvement and maintenance of fire facilities, be released to 
the Forest Service within 10 days of enactment of this Act.
    Section 702 prohibits the use of funds, except funds 
appropriated to the Office of Management and Budget, to study 
the transfer of research activities from the Smithsonian 
Institution to the National Science Foundation.
    Section 703 provides authority to the U.S. Fish and 
Wildlife Service to charge fees for services at Midway Atoll 
National Wildlife Refuge and to use those receipts for non-
refuge specific needs. The airfield at Midway shut down at the 
beginning of May 2002 when the cooperator that had been in 
charge of operations there terminated its agreement with the 
Service. This receipts authority will enable the Service to 
continue airfield operations and other activities under new 
cooperative arrangements without adversely impacting funding 
for refuge operations.
    Section 704 provides for reciprocal treatment of foreign 
firefighters in this country and U.S. Federal firefighters on 
official duty in foreign countries with respect to liability 
issues.
    Section 705 prohibits the Department of Defense from being 
held responsible for civilian water consumption that is outside 
the boundaries of a military installation and beyond the direct 
authority and control of the Secretary of Defense for purpose 
of the Endangered Species Act.

                               CHAPTER 8


                          DEPARTMENT OF LABOR


                    Employment and Training Services


                    training and employment services

    The Committee recommends $300,000,000 to assist dislocated 
workers, $450,000,000 less than the request. Of the total, 
$190,000,000 is available for obligation through September 30, 
2003. In addition, $110,000,000 is available for obligation 
through June 30, 2002 for carrying out section 132(a)(2)(B) of 
the Workforce Investment Act of 1998 (WIA).
    The Committee recommends an additional $190,000,000 for 
dislocated workers assistance, provided through National 
Emergency Grants and targeted industry multi-state and multi-
service projects relating to the employment and training needs 
of dislocated workers. These projects would target high-growth 
sectors of the economy where worker shortages exist and involve 
a partnership among business, the state workforce investment 
system, the Department of Labor, and high-quality training 
providers, including community colleges.
    National Emergency Grants are flexible and enable the 
Secretary of Labor to respond to State requests and target 
funds where the need is greatest. NEGs provide Governors with 
flexibility to quickly meet the needs of dislocated workers in 
their particular states, including job training, reemployment 
services, and support payments. Currently applications for 
National Emergency Grants exceed available resources. The 
supplemental funds recommended for National Emergency Grants 
will meet immediate needs.
    The Committee urges the Department of Labor to strongly 
consider the request for renewal of the Fishing Industry 
Retraining Project. The grant for this project should provide 
the most flexibility possible in terms of the use of these 
resources to help these workers and their families during the 
transition to a restructured industry or new employment.
    The Committee urges the Secretary of Labor to use funding 
available through the dislocated worker provisions in the 
Workforce Investment Act of 1998 to support projects to provide 
reemployment and training services to airport security 
screeners who are dislocated due to the requirements in P.L. 
107-71. The Committee urges the Secretary to proceed 
expeditiously, since P.L. 107-71 requires the Department of 
Transportation to federalize airport security in one year from 
the date of enactment on November 19, 2001.
    The Committee recommendation does not include the request 
of $40,000,000 for transfer to the Economic Adjustment Program 
in the Department of Commerce.
    The Committee has also included $110,000,000 to provide 
grants to states and local areas for dislocated worker 
assistance, authorized under section 132(a)(2)(B) of WIA. These 
funds will restore the rescission that was included in Title 
II, chapter 7 of P.L. 107-20. The Committee understands that 
these funds are now needed as a result of the economic downturn 
and concurrent increase in dislocated workers.
    In the House Report on the FY 2002 Labor, Health and Human 
Services, and Education Appropriations Bill, the Committee had 
brought to the attention of the Secretary of Labor the critical 
need for timely and accurate data in order to fulfill the 
Committee's oversight responsibilities. While the Committee has 
seen some improvement in the provision of materials relating to 
Committee hearings, the Committee is most disappointed that the 
Department of Labor has failed to respect other express 
concerns, particularly in regard to numerous requests from 
staff for information in support of the Administration's 
request for emergency FY 2002 supplemental appropriations for 
the Employment and Training Administration. In at least one 
instance, the Department of Labor has refused to supply 
information pertaining a portion of the Administration request. 
The Committee directs the Secretary of Labor to take immediate 
action to ensure that the Department of Labor is more 
forthcoming in response to requests from the Congress for 
information. As noted above, the Committee will not recommend 
large expenditures of public funds without proper 
justification.

                DEPARTMENT OF HEALTH AND HUMAN SERVICES


              Health Resources and Services Administration


                     health resources and services

    The Committee does not include the Administration's 
proposal to cancel $20,000,000 of fiscal year 2002 funding for 
the Community Access Program (CAP). The Committee intends that 
new CAP grants be supported in fiscal year 2002.
    The Committee makes the following corrections and 
clarifications to P.L. 107-116 and the accompanying conference 
report:
    The Committee has inserted reference in the bill to title 
IV of the Public Health Service Act to authorize the Health 
Resources and Services Administration (HRSA) to carry out 
Section 417C of the Public Health Service Act (42 U.S.C. 285a-
9). Funds appropriated in P.L. 107-116 are to be used for 
grants for education, prevention, and early detection of 
radiogenic cancers and diseases, of which $1,000,000 shall be 
available to enter into a cooperative agreement with the 
National Research Council under which the Council shall: (1) 
provide technical assistance to HRSA and its grantees on 
improving accessibility and quality of services and (2) report 
to HRSA on the most recent scientific information related to 
radiation exposure and associated cancers or other diseases, 
with recommendations for improving services for exposed 
persons.
    The Committee has transferred $315,000 from the health 
facilities construction and renovation account to the rural 
health outreach grant program. These funds are to be used to 
support the Children's Health Fund.
    The Committee has transferred $2,000,000 from the rural 
health research grant program to the health facilities 
construction and renovation account. These funds are to be used 
to support the Raleigh County, West Virginia County Commission 
for an educational mall to serve as a coordinating and research 
location for rural health initiatives, especially in preventive 
medicine.
    The Committee has transferred $2,000,000 from the 
Telehealth grant program to the health facilities construction 
and renovation account. These funds are to be used to support 
the University of South Dakota School of Medicine.
    The Committee has transferred $330,000 from the health 
facilities construction and renovation account to the rural 
health outreach grant program. These funds are to be used to 
support the University of Northern Colorado Low-Incidence 
Disabilities Center.
    As a result of these transfers, the total funding for 
health construction and renovation identified in the bill 
increases from $311,978,000 to $315,333,000.
    The Committee clarifies that the awardee for the National 
Center for Health Care Informatics is St. James Health Care 
rather than the University of Montana. The Committee also 
clarifies that the awardee for the Center for Delta Health 
project is Mississippi State University.

               Centers for Disease Control and Prevention


                 disease control, research and training

    The Committee appreciates the input CDC has solicited in 
initiating the development of a health tracking network. The 
Committee encourages the Director of CDC to assure that all of 
the relevant centers, institutes, and offices within the agency 
be included in the development, testing, and implementation of 
this nationwide project.
    The Committee encourages the Secretary of Health and Human 
Services to work with organizations that offer an approved 
proficiency testing program under seciton 353 of the Public 
Health Service Act and consider the development of a 
proficiency testing program for the identification of select 
agents that may be used in a bioterrorism event.
    The Committee has included $1,000,000 for the Centers for 
Disease Control and Prevention, to be used to accelerate and 
expand work related to prion diseases, a category which 
includes Creutzfeld-Jakob Disease in humans and BSE, scrapie 
and Chronic Wasting Disease in animals, among others. The 
Committee has decided to supplement the funds currently 
available at CDC for this work because recent cases in animal 
populations lend increased urgency to improving understanding 
of this group of diseases. While there are no known human cases 
of Creutzfeld-Jakob disease resulting from consumption of 
animal products in the United States, the Committee also 
believes it prudent to take preventive steps to increase human 
prion disease surveillance. These funds are to be used for 
purposes such as providing financial and technical assistance 
to state health departments to improve prion disease 
surveillance, enhancing applied laboratory research on 
diagnostic methods to assess transmission of prion diseases to 
humans, and supporting CDC technical assistance.

                     National Institutes of Health


                         Office of the Director

    The Committee is aware of the beneficial projects supported 
by the Foundation for the National Institutes of Health and 
recommends that NIH allocate up to $500,000 of the funds 
appropriated for the Office of the Director to provide 
administrative support for the Foundation.

                        Buildings and Facilities

                              (rescission)

    The Committee proposes to rescind $30,000,000 of funding in 
this account. The Administration had proposed to ``cancel'' 
$30,000,000. The Committee intends that $9,300,000 be rescinded 
from safety and regulatory compliance and repairs and 
improvements and $20,700,000 be rescinded from the Phase I 
renovation of Building 10.
    The Committee has been briefed on an approximate 
$145,000,000 cost increase to the National Institutes of Health 
(NIH) Clinical Research Center (CRC). There will also be a 
delay of approximately one year in completing the facility. NIH 
has commissioned a number of outside reviews of the project 
which have validated the revised costs and schedule. Improved 
clinical research is very much needed to improve medical care 
in the U.S. For that reason, completion of the CRC is a high 
priority for the Committee. The Committee expects a report 
within 30 days on how HHS intends to finance the cost increase. 
The Committee also understands that the HHS Inspector General 
is reviewing the project and would appreciate a copy of that 
report when it is available.

               Centers for Medicare and Medicaid Services

    The Committee understands that implementation of the 
appeals process created by the Benefits Improvement and 
Protection Act [BIPA] of 2000 has substantial costs that have 
not been included in the FY03 budget request. The Committee 
requests a report from the Secretary of Health and Human 
Services within 30 days of enactment of this Act about what the 
precise FY03 costs of BIPA appeals are and how the 
Administration intends to support them within the FY03 budget 
request.

                Administration for Children and Families


                children and families services programs

    The Committee has included an additional $500,000 as a 
contingent emergency appropriation for the Domestic Violence 
Hotline.''

                        Office of the Secretary

    The Committee urges the Department to work with 
predominantly and historically Black colleges and universities 
in the agency-wide bioterrorism efforts, including, but not 
limited to research, training and health care service delivery; 
distance learning, and assisting State, local and other 
entities in improving the capacity to respond to an emergency.

                        DEPARTMENT OF EDUCATION


                      School Improvement Programs

    The Committee recommends a technical change to specify the 
amount available for the Fund for the Improvement of Education 
and the Cooperative Education Exchange program.
    The Committee also recommends technical changes relating to 
projects specified in the statement of the managers on the 
conference report accompanying the Departments of Labor, Health 
and Human Services, and Education, and Related Agencies 
Appropriations Act, 2002.

                      Student Financial Assistance

    The Committee includes an additional $1,000,000,000 for 
Pell Grants to provide for a funding shortfall resulting from a 
larger-than-expected increase in the number of independent 
students applying and qualifying for the Pell Grant program in 
a worsening economy and following the terrorist attacks on 
September 11, 2001. These funds will help retire the shortfall 
and provide sufficient resources to maintain the maximum Pell 
Grant at $4000 in school year 2002-03. The Administration 
proposed $1,276,000,000 in supplemental funding for Pell 
Grants, but was derived by reductions in other education 
projects and programs.

                            Higher Education

    The Committee recommends technical changes relating to 
projects specified in the statement of the managers on the 
conference report accompanying the Departments of Labor, Health 
and Human Services, and Education, and Related Agencies 
Appropriations Act, 2002.

                               CHAPTER 9


                           LEGISLATIVE BRANCH


                        House of Representatives


                         Salaries and Expenses

                Standing Committees, Special and Select

    The Committee recommends an additional amount of $1,600,000 
for Standing Committees, Special and Select for the Permanent 
Select Committee on Intelligence. The additional funding is 
provided as a result of the Attacks of September 11, 2001.

                              JOINT ITEMS


                          Capitol Police Board


                             Capitol Police

                            General Expenses

    The Committee recommends an additional amount of 
$16,100,000 for the Capitol Police to provide for computer 
equipment, increased training, communications. Of this amount, 
$12,500,000 is provided for reimbursement to the Environmental 
Protection Agency for anthrax investigations and cleanup to the 
Capitol Complex. This supplemental was requested by the 
Administration under EPA, Hazardous Substance Superfund.

                        Architect of the Capitol

    The Architect of the Capitol is directed to transfer 
$510,000, from funds made available in Public Law 107-117, to 
the Congressional Budget Office for the purpose of replenishing 
funds expended due to the events of October 15, 2001 and to 
allow implementation of the agency's new disaster recovery 
plan.

                          Library of Congress


                            Copyright Office

                         Salaries and Expenses

    The Committee recommends an additional direct appropriation 
of $7,500,000 to offset the decreased level of receipts 
resulting from months of mail suspension.

                       Administrative Provisions

    The Committee has recommended several administrative 
provisions. Section 901 establishes a Treasury account for the 
Capitol Police Buildings. Section 902 and 907 authorize the 
Architect of the Capitol to acquire property. Section 903 is a 
technical correction. There is a provision section 904 which 
provides Economy Act authority to the Chief Administrative 
Officer of the House. Section 905 authorizes a two-way exchange 
of participants and section 906 makes materials of the 
Congressional Research Service available in all locations where 
Members carry out their official duties.

                               CHAPTER 10


                         DEPARTMENT OF DEFENSE


                         MILITARY CONSTRUCTION


                    Military Construction, Air Force

    The Committee recommends appropriating $8,505,000 above the 
President's request. Of this amount, $7,450,000 is provided to 
support Operation Enduring Freedom, and the remaining 
$1,055,000 is provided for planning and design. The following 
projects are included:

------------------------------------------------------------------------
      Location/installation            Project title           Cost
------------------------------------------------------------------------
Diego Garcia.....................  Communications             $3,900,000
                                    Switching Facility.
Diego Garcia.....................  Stuffing/Unstuffing         3,550,000
                                    Pad.
Worldwide various................  Planning and Design.        1,055,000
                                                        ----------------
      Total......................    ..................       $8,505,000
------------------------------------------------------------------------

    Diego Garcia is a primary Air Force forward operating 
location (FOL) for Operation Enduring Freedom (OEF). To enhance 
mission capability and safety at Diego Garcia, the Committee 
recommends $3,900,000 for a communications switching facility 
and $3,550,000 for an ordnance stuffing/unstuffing pad. The 
proposed switching facility provides a permanent communications 
structure to support the OEF operation, and will accommodate 
the mission requirements of B-2 aircraft. The existing ordnance 
off-loading pad is temporary, is too small to handle the OEF 
mission, and is hazardous for the airmen who off-load the 
ordnance. The proposed stuffing/unstuffing pad is adequately 
sited, sized, and configured to meet safety requirements.
    These funds are designated as contingent emergency 
requirements.

                  Military Construction, Defense-wide


                     (Including Transfer of Funds)

    The Committee recommends appropriating $21,500,000 above 
the President's request. Of this amount, $19,600,000 is 
provided to the U.S. Special Operations Command for 
construction of a Joint Operations Complex at Fort Bragg, North 
Carolina. The remaining $1,900,000 is provided for planning and 
design of the project. The proposed project will provide a 
centralized command and control center to support 
reorganization, new mission requirements, and associated 
personnel growth necessary to accomplish classified missions 
and conduct operations.
    These funds are designated as contingent emergency 
requirements.

                    General Provisions--This Chapter

    This chapter contains no provisions.
    The request included a provision that would make funds in 
this Act available for military construction projects with a 
requirement to provide Congress a 15-day prior notification. 
The Committee did not include this provision. The Committee is 
not aware of any need for this language in the remaining 
portion of fiscal year 2002. Should the Administration become 
aware of contingent military construction projects in the near 
future, the Committee will re-evaluate its position prior to 
conference with the Senate.

                               CHAPTER 11


                      DEPARTMENT OF TRANSPORTATION


                        Office of the Secretary


                         salaries and expenses

    Office of General Counsel.--The Committee is concerned 
about the responsiveness of the Office of the General Counsel 
to the Committee's requests for technical assistance and legal 
opinions. The Committee understands that the General Counsel 
has instituted new procedures to be fully responsive to the 
Committee's need for prompt legal assistance.

              transportation administrative service center

    The bill increases the current obligation limitation for 
the Transportation Administrative Service Center (TASC) from 
$116,023,000 to $128,123,000 to accommodate additional security 
related needs within the Department of Transportation in fiscal 
year 2002. Security needs include a variety of support services 
for the new Transportation Security Administration, enhanced 
communications and information security, enhanced building 
security such as improved ventilation protection, increased 
security protection for the Secretary, and other needs. There 
is no net funding or spending increase from this proposal.

                 Transportation Security Administration

    The recommendation includes $3,850,000,000, available until 
September 30, 2003, for additional expenses of the 
Transportation Security Administration (TSA).
    The Committee is very disappointed over the lack of 
cooperation and poor quality of information received thus far 
from this new federal agency. TSA has yet to develop 
performance measures against which it can be held accountable 
to the American taxpayer or the traveling public--which are 
collectively financing the agency's operations; it has yet to 
answer 24 questions submitted for the record of a hearing held 
over two months ago; it has yet to provide detailed information 
justifying the agency's $4,800,000,000 budget request for 
fiscal year 2003; and it has yet to make fundamental decisions 
on how to begin deploying thousands of bomb detection systems 
at our nation's airports--even though a Congressional mandate 
exists to install and commission such systems at 429 airports 
in less than nine months. The Committee expects TSA to do much 
more over the coming months to address these shortcomings.
    Bomb detection systems.--On April 17, 2002, the Committee 
held a hearing on TSA's supplemental request. During this 
hearing, officials of several airports presented evidence of 
severe underfunding of the costs needed for physical 
modification of airports to accommodate bomb detection systems 
for checked baggage. The Committee intends to ensure that 
adequate funds are provided not only to procure this equipment, 
but also to have it installed in a safe and timely manner. 
TSA's proposal would not provide adequate funding to meet the 
December 31, 2002 deadline mandated by law. To address this 
problem, the bill specifies that $850,000,000 is provided only 
for the physical modification of commercial service airports 
for the purpose of installing checked baggage explosive 
detection systems, including explosive trace detection systems. 
The bill also provides $630,000,000 for the procurement of 
explosive detection systems, including explosive trace 
detection systems, for checked baggage screening. This is the 
amount requested by the administration.
    TSA staffing.--TSA's most recent estimate contemplates a 
federal workforce of close to 68,000 by the end of fiscal year 
2003. This is more than double the estimates made when the 
agency was created just a few months ago. The Committee finds 
this level of staffing unacceptable, and does not intend to 
finance such an unnecessarily large enterprise. The Committee 
notes that user fees, enacted last year to offset the costs of 
this agency, would cover only a small part of the budget needed 
to support an agency of 68,000 people. The Committee does not 
believe that the general taxpayer should be asked to finance a 
huge agency whose main beneficiaries are air travelers. The 
Committee believes that, to the extent possible, in its 
aviation security activities TSA should adhere to a ``pay as 
you go'' philosophy, constraining its costs to the level of 
security air travelers are willing to pay for. To ensure a 
slower rate of initial growth consistent with this principle, 
the bill includes a provision limiting funds for staffing above 
a level of 45,000 full-time permanent positions.
    Reimbursement for state and local law enforcement 
officers.--In a recent hearing, the Committee received 
testimony suggesting that TSA's directive requiring airports to 
provide law enforcement officers, on a reimbursable basis, was 
being seriously underfunded by the agency. TSA's estimates 
include only $50,000 per officer, even though the agency 
budgets far more for its own officers. In addition, this 
reimbursement rate ignores the fact that airports are often 
required to pay overtime rates for state and local officers. 
The Committee does not believe airports should absorb the costs 
of TSA mandates. For this reason, the bill includes $75,000,000 
for the reimbursement of state and local law enforcement 
officers. In addition, the Committee is concerned that law 
enforcement officers may be substantially underutilized at some 
airports if deployed full-time at the checkpoints. The 
Committee directs TSA to provide the House and Senate 
Committees on Appropriations with alternate deployment plans 
that would not result in degradation of security at 
checkpoints, including any necessary legislative changes needed 
to implement these plans.
    Additional security initiatives.--The bill includes 
additional funding for critically-needed transportation safety 
improvements which were not included in the request, as 
follows:

        Activity                                                  Amount
Reimbursement of air carriers for installation of 
    intrusion-resistant cockpit doors...................     $25,000,000
Grants to port authorities and other entities for 
    security enhancements at U.S. commercial ports......      75,000,000
Procurement of air-ground communications systems and 
    devices for the federal air marshal program.........      20,000,000
Replacement of magnetometers at airport passenger 
    screening locations in commercial service airports..      20,000,000

    Cockpit door modifications.--The bill includes $25,000,000 
to continue replacement of current cockpit doors with phase II 
upgraded doors. The Committee believes it is important that 
this critical program be accelerated.
    Port security grants.--The bill includes $75,000,000 for 
additional grants for security-related upgrades at our nation's 
port facilities. The Committee continues to believe that port 
vulnerabilities are a high-risk area requiring additional 
attention by TSA. These grants should be awarded by TSA using 
the same process as the existing grant program, including input 
and coordination with the U.S. Coast Guard and the Maritime 
Administration.
    Federal air marshal communications systems.--The Committee 
was disturbed to learn that federal air marshals still lack an 
effective and secure means for air-to-ground communications. 
The bill provides $20,000,000 for TSA to remedy this deficiency 
as soon as possible.
    Replacement of magnetometers.--The Committee has received 
evidence that magnetometers at our nation's airports are older-
generation technology, and that immediate replacement could 
result in significant savings in checkpoint staffing as well as 
improvements in detection capability. Other nations have 
already made the transition to newer technology. Given the 
proximate cause of the September 11th terrorist attacks, and 
the fact that stage II cockpit doors are not yet in place, the 
Committee believes this is an area requiring urgent attention. 
The bill includes $20,000,000 for immediate replacement of 
magnetometers with the newest technology commercially 
available.
    Number of criminal investigator positions.--The Committee 
does not support the widespread designation of federal air 
marshals or TSA law enforcement officers into criminal 
investigative positions. The agency was contemplating the use 
of criminal investigative positions as a means of providing 
career progression, rotation, and motivation for what are 
essentially guard positions in airports and on aircraft. The 
Committee finds it inappropriate that guard positions would be 
raised to an investigative job series, and the Committee would 
not intend to fund this effort. The Committee understands that 
this policy is now under review, and the Committee awaits the 
result of that effort with interest.
    Crisis Management Center.--The bill provides $2,100,000 to 
upgrade the Department of Transportation's (DOT's) ability to 
effectively respond to transportation-related emergencies. The 
September 11th terrorist attacks revealed significant problems 
with the current Crisis Management Center's capacity to gather 
intelligence and communicate effectively across the nation. 
Resources are provided to relocate and upgrade the current 
Crisis Management Center in order to provide accurate, real-
time information throughout DOT, the Office of Homeland 
Security, other agencies, and when appropriate, industry, on 
the status of the nation's transportation infrastructure as 
security alerts are received or events occur. Of the amount 
provided, $400,000 is for audio-visual systems; $900,000 is for 
construction costs to renovate space; $300,000 is to build a 
secure classified information facility (SCIF); $100,000 is for 
hardware upgrades; and $400,000 is for activation information 
management (AIM) software upgrades. The Committee expects that 
the current Crisis Management Center space (90,000 square feet) 
utilized by RSPA will be turned back to the Transportation 
Administrative Service Center. With this action, funding would 
not be required under the RSPA budget in fiscal year 2003.
    General provision.--Consistent with the principle that TSA 
should pay its own way, the bill includes a provision requiring 
TSA to pay airports for the cost of utilizing space on airport 
property, consistent with current provisions governing airport 
rental payments by the Federal Aviation Administration.
    Participation of historically Black colleges and 
universities and Hispanic serving institutions.--The Committee 
directs the Secretary, in collaboration with the Transportation 
Security Administration (TSA), to work to ensure the 
participation of predominantly and historically Black colleges 
and universities and Hispanic serving institutions in federal 
efforts to secure and protect our nation's aviation, rail, 
highway, and other transportation infrastructure systems from 
terrorist and other criminal acts.

                            U.S. Coast Guard


                           operating expenses

    The recommendation includes $210,000,000 for additional 
operating expenses of the U.S. Coast Guard, to remain available 
until September 30, 2003. Increases above the requested amount 
are as follows:

        Activity                                                  Amount
Maintain reserves.......................................      $8,000,000
Port vulnerability assessments..........................      12,000,000
PACAREA ship refueling capability.......................       1,000,000

    Pacific Area ship refueling capability.--The Committee has 
received information from the Joint Inter-Agency Task Force 
(JIATF) East that a small amount of money is required 
immediately to address critical shortfalls in Pacific Area drug 
interdiction capability. Due to recently-changed drug smuggling 
tactics in the Pacific area of operations, the Coast Guard 
desperately requires a deep water ship refueling capability, to 
increase the range and endurance of interdiction assets. The 
bill includes $1,000,000 for this purpose, and directs the 
Coast Guard to coordinate this effort with JIATF-East for 
maximum operational impact.

              acquisition, construction, and improvements

    The recommendation includes $78,000,000 for Coast Guard 
``Acquisition, construction, and improvements''. Funds above 
the requested level are for additional boarding and escort 
patrol boats.
    Boarding and escort patrol boats.--The bill includes 
$36,000,000, including $12,000,000 above the request, for 
procurement of as many as 8 additional 87-foot Barracuda class 
coastal patrol boats. Along with the older 110-foot Island 
class, these boats are the backbone of Coast Guard's homeland 
defense in our ports, waterways, and territorial waters. The 
Committee believes these additional homeland security assets 
are needed as a top priority, especially as Island class 
vessels experience the effects of aging and are taken out of 
service for increased maintenance availabilities.

                    Federal Aviation Administration


                               Operations

                          (Transfer of Funds)

    As requested, the bill provides the Federal Aviation 
Administration (FAA) operations program with the flexibility to 
be reimbursed up to $25,000,000 from appropriations made under 
the ``Facilities and equipment'' program. This transfer, if 
utilized, should be subject to existing reprogramming 
procedures. Given the importance of the Airport Improvement 
Program (AIP) and financial uncertainties imposed by new 
security requirements, the Committee does not agree to provide 
flexibility for an additional $75,000,000 to be transferred 
from the ``Grants-in-aid for airports'' program.

                       Grants-in-Aid for Airports

    As authorized in the Aviation and Transportation Security 
Act, the bill includes $200,000,000, available until expended, 
to enable the 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. Funding of 
$175,000,000 was provided for this purpose in Public Law 107-
117.

                     Federal Highway Administration


                          Federal-aid Highways


                        Emergency Relief Program

                          (Highway Trust Fund)

    The Federal Highway Administration's emergency relief 
program provides funding for the repair or reconstruction of 
Federal-aid highways and roads on federal lands that have 
suffered serious damage as a result of natural disasters or 
catastrophic failures from external causes. This funding is 
only available for Federal-aid highway rehabilitation and 
restoration (major repairs).
    The bill includes $167,000,000 to fully fund the 
restoration and reconstruction of Federal-aid highways-eligible 
state and local roads in New York City damaged by the September 
11th terrorist attacks. This includes the cost of design, 
engineering, construction (resurfacing and/or reconstruction of 
the streets around the World Trade Center, replacing curbs, 
sidewalks, gutters, etc.), replacement of traffic control 
devices (signs, traffic lights, etc.), and the reconstruction 
of Route 9A. This amount has been designated by the President 
as an emergency requirement pursuant to the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended.

              Federal Motor Carrier Safety Administration


                       Border Enforcement Program

                          (Highway Trust Fund)

    The bill provides $19,300,000 to the new border enforcement 
program within the Federal Motor Carrier Safety Administration. 
Of this amount, $4,200,000 is to fund the implementation of 
section 1012 of the USA Patriot Act, which includes 34 
additional federal personnel; $10,000,000 is for driver's 
license fraud detection and prevention projects, including 
$800,000 for a contract effort to develop some form of unique 
identifier for commercial driver's license; a northern border 
safety and security study; hazardous material security 
education and outreach; and $5,100,000 is for coordinating 
state driver's license registration and social security number 
verification.
    The entire amount requested has been designated by the 
President as an emergency requirement pursuant to the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended.
    Site selection process for cross-border inspection 
facility, Laredo, TX.--The Committee directs that the Texas 
Department of Transportation consult with the City of Laredo 
and consider their concerns regarding site selection for a 
cross-border inspection facility. The Committee reinforces that 
federal safety requirements must be met in any site selection 
decision.

                      hazardous material security

                          (highway trust fund)

    The bill provides $5,000,000 from the highway trust fund to 
implement the permit program required by law for those motor 
carriers transporting the most dangerous hazardous materials--
Class A or B explosives, liquefied natural gas, hazardous 
material that is extremely toxic by inhalation, and highway 
route-controlled quantities of radioactive material. The 
Committee expects this permit program to be implemented by 
October 1, 2002 and to apply to all hazardous materials 
carriers allowed to operate in the United States. The Committee 
also expects the Research and Special Programs Administration 
to share data on hazardous materials registrations with the 
Federal Motor Carrier Safety Administration on a monthly basis. 
Funding is contingent upon transmittal of an official budget 
request that designates this amount as an emergency requirement 
as defined in the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended.

                     Federal Transit Administration


                       capital investment grants

    The bill provides $1,800,000,000 in capital investment 
grants to replace, rebuild, or enhance mass transportation 
systems serving the Borough of Manhattan, New York City, New 
York. These funds may be used to finance project elements that 
are not eligible for reimbursements through the Federal 
Emergency Management Administration to improve public transit 
systems. These grants will be subject to requirements as 
determined by the Secretary of Transportation to ensure that 
the eligible projects will substantially improve the mobility 
of commuters in Lower Manhattan. The entire amount requested 
has been designated as an emergency requirement pursuant to the 
Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended.
    The Committee is aware that other states and communities, 
in addition to lower Manhattan, were and remain severely 
impacted by the disruption to major transportation systems 
following the terrorist attacks on September 11th. For example, 
there are thousands of New Jersey residents who commute daily 
to lower Manhattan, as well as New Yorkers who commute to New 
Jersey. Their lives have been directly impacted by the loss of 
the PATH station and many of New Jersey's rail, bus, and ferry 
systems have been severely strained and will continue to 
operate over-capacity for the foreseeable future. The States of 
New York and New Jersey have worked diligently through the 
existing process to secure reimbursement and resources to meet 
their needs. As the Committee has provided greater flexibility 
to the Federal Transit Administration (FTA) to meet the needs 
of lower Manhattan by providing for long-term infrastructure 
improvement in lower Manhattan, the Committee encourages FTA to 
provide similar treatment for requests of assistance from the 
State of New Jersey.

                 job access and reverse commute grants

    The Committee insists that the Federal Transit 
Administration follow the guidance included in House Report 
107-308, as it relates to these projects. The Committee will 
confirm the Department's intentions before final conference 
action on this bill.

                    General Provisions--This Chapter

    The bill includes a provision that makes certain projects 
and activities eligible to receive fiscal year 2002 funds under 
the fiscal year 2002 Department of Transportation and Related 
Agencies Appropriations Act. The projects and activities 
covered by this section are designated for funding on pages 82 
through 92 of the Joint Explanatory Statement of the Conference 
Committee for the fiscal year 2002 DOT Appropriations Act (H. 
Rpt. 107-308). This section provides that each project and 
activity listed under each of these headings is eligible to 
receive funding from the program for which the project or 
activity is designated in the conference agreement.
    The bill includes provisions prohibiting the further 
issuance of federal credit instruments authorized under section 
101(a)(1) of the Air Transportation Safety and System 
Stabilization Act (Public Law 107-42), and rescinding 
unobligated balances from funds made available under section 
(101)(a)(2) of that Act. These provisions are necessary to 
finance other high priority emergency needs of this bill.
    In addition, the conference agreement accompanying the 
fiscal year 2002 Department of Transportation and Related 
Agencies Appropriation Act contained funding totaling 
$2,000,000 for ``I-74 Mississippi River Bridge, Mississippi'' 
within the Surface Transportation Program under section 330. 
This reference should be the ``I-74 Mississippi River Bridge, 
Illinois.''

                               CHAPTER 12


                       DEPARTMENT OF THE TREASURY


                Federal Law Enforcement Training Center


                         Salaries and Expenses

    The Committee provides $15,870,000 for additional 
instructors, facilities and equipment required to train new law 
enforcement staffing required following the September 11, 2001, 
terrorist attacks, in particular for basic training for the new 
Transportation Security Administration.

                      United States Secret Service


                         Salaries and Expenses

    The Committee provides $46,750,000 for the United States 
Secret Service. This funding would cover $28,500,000 for 
additional costs associated with new protective details added 
since September 11, 2001; $4,200,000 to fully annualize staff 
costs for new staffing added in fiscal year 2002; $3,700,000 
for recurring costs of programs funded under P.L. 107-117; and 
$10,350,000 towards funding the costs of electronic crimes task 
forces authorized under the PATRIOT Act.

                             Postal Service


                   Payment to the Postal Service Fund

    The Committee provides $87,000,000 for the Postal Service, 
as proposed by the Administration. Combined with previous 
supplemental appropriations, the Postal Service has received a 
total of $762,000,000 for work related to the incidents of 
anthrax in the mail. In accordance with the requirements of 
P.L. 107-117, the Committee has received the Emergency 
Preparedness Plan. The Committee notes that this plan does not 
include an assessment of the threats to the health and safety 
of employees and customers of the Postal Service and the 
integrity of the mail, as expected. The Committee directs the 
Postal Service to submit this assessment no later than 120 days 
after enactment of this Act. Further, the Committee directs the 
Postal Service to submit quarterly expenditure plans on the 
obligation of all FY 2002 supplemental appropriations as well 
as annual updates of the Emergency Preparedness Plan.

    Executive Office of the President and Funds Appropriated to the 
                               President


                        Office of Administration


                         Salaries and Expenses

    The Committee has not included $5,000,000 for the Office of 
Administration, as proposed by the Administration. These funds 
were proposed for additional costs associated with establishing 
an off-site facility for the Office of Homeland Security.
    The Committee is extremely concerned by the total cost of 
establishing and operating the Office of Homeland Security. To 
date, OHS has received $27,000,000 in appropriations, with a 
pending request of $24,844,000 for FY 2003. Additional funds of 
approximately $4,000,000 have been provided to OHS through the 
use of reimbursable detailees from other federal agencies. Of 
the amounts provided to date, the Administration has obligated 
$12,525,000 to establish an off-site facility to house OHS 
personnel. The funds requested as part of the pending 
supplemental would be used to obtain additional space and to 
further enhance the communications capabilities within this 
off-site facility, for a total of $17,525,000 in FY 2002. 
Additional funds of $3,959,000 have been requested for FY 2003, 
bringing total funding for this facility to $21,484,000.
    The Committee has previously expressed concern over the 
significant amount of resources devoted to the design and 
construction of space for OHS communications, coordination and 
briefings. Further, because the operational plans for OHS are 
in the developmental phase, the Committee is concerned that 
this space is being designed prematurely. As part of the FY 
2003 appropriations process, the Committee recently submitted 
written questions reflecting these concerns to the Executive 
Office of the President. The Committee is extremely 
disappointed that many of these basic, yet critical questions 
were not answered. For instance, the Committee requested 
information on the coordination, communications and incident 
management rooms at the off-site facility. Specifically, the 
Committee requested a description of how the functions of these 
rooms differ from those currently being operated by other 
federal law enforcement agencies. The Committee also requested 
a description of how the capacities being built at the off-site 
facility would be consistent with, and meet the requirements 
of, the operating procedures of the OHS, once developed. 
Additionally, the Committee requested both the titles and a 
brief job description of each position within the OHS. The 
Committee was not provided detailed information in response to 
any of these questions. The Committee believes the Office of 
Homeland Security should be fully accountable for its use of 
appropriated funds to support both the operations and the 
infrastructure of OHS.
    The Committee looks forward to receiving additional 
information to support continued increases to OHS 
appropriations and will consider the request for additional 
funds for the off-site facility as part of the FY 2003 cycle.

                    Office of Management and Budget


                         Salaries and Expenses

                              (Rescission)

    On October 8, 2001, the President created the Office of 
Homeland Security and charged this office, in part, with the 
review of agency budgets as they specifically related to 
homeland security. The Committee is aware that FTE within the 
Office of Management and Budget are also charged with this 
responsibility. The Committee believes that this duplication of 
effort is unnecessary and rescinds $750,000 of funds previously 
provided for OMB's Salaries and Expenses.

          election administration reform and related expenses

                     (Including transfer of funds)

    The Committee has included $450,000,000 for the 
requirements of implementing election administration reform and 
related expenses and makes these funds available subject to 
authorization. The Committee includes language to require the 
Director of the Office of Management and Budget (OMB) to 
transfer the funds appropriated, upon enactment of legislation 
improving the administration of elections, to the Federal 
entities specified by that legislation, for the purposes 
designated, and the amounts specified. The Committee includes 
language that requires the Director of OMB to transfer these 
funds according to the provisions established in H.R. 3295, as 
passed by the House of Representatives on December 12, 2001. 
The Committee does not believe the Department of Justice should 
be responsible for the administration or implementation of 
programs related to election administration reform.
    The Committee anticipates that the conference agreement on 
H.R. 3295 will specifically identify the amounts to be 
transferred, by program, project and activity, by the Director 
of the OMB, not to exceed $450,000,000.

                          INDEPENDENT AGENCIES


                      Federal Election Commission


                         salaries and expenses

    The Committee provides $750,000 for unanticipated costs 
associated with implementing the provisions of the Bipartisan 
Campaign Reform Act. The Committee is aware that additional 
costs of up to $5,000,000 may be required for this effort in FY 
2003 and that the FEC is in the process of developing a revised 
budget submission for the Committee's consideration.

                    General Services Administration


                        real property activities

                         federal buildings fund

    The Committee provides $51,800,000 for the Federal 
Buildings Fund, as proposed by the Administration.

                           General Activities


                         policy and operations

    The Committee does not provide $2,500,000 for Policy and 
Operations, as proposed by the Administration. The Committee is 
sympathetic to the underlying issue to be addressed by this 
funding and is amenable to considering future funding when 
sufficient total resources (for both the current year and the 
budget year) have been identified by the Administration for 
this effort.

                    General Provisions--This Chapter

    Sec. 1201. The Committee includes a provision rescinding 
$14,000,000 in unobligated balances of the Financial Management 
Service and reappropriating these funds to the Internal Revenue 
Service for a higher priority need. The Committee has no 
objection to the use of any remaining unobligated balance for 
computer security improvements by the Financial Management 
Service.
    Sec. 1202. The Committee includes a provision prohibiting 
the use of appropriated funds to transfer the functions, 
missions, or activities of the United States Customs Service to 
the Department of Justice.
    Sec. 1203. The Committee includes a provision granting the 
Federal Law Enforcement Training Center the authority to hire 
retired federal employees for a period of up to five years for 
urgent homeland security training requirements.

                               CHAPTER 13


                     DEPARTMENT OF VETERANS AFFAIRS


                     Veterans Health Administration


                              medical care

    The Committee recommends an additional $417,000,000 for 
Medical Care to be distributed entirely to the VISNs based on 
VERA for medical care services to priority 1-6 veterans. None 
of these funds are to be used for administrative committees, 
proposed homeland security initiatives or any purpose other 
than FTEs, supplies, and services required to provide direct 
medical care to service-connected and impoverished veterans, 
which is the core mission of the VHA.
    The VA has shown an inability to manage the enrollment of 
priority 7 veterans and has failed miserably in keeping 
collections at pace with enrollment. The eligibility law 
stipulates that priority 7 enrollment is contingent on current 
infrastructure capacity and financial resources derived from 
co-payments and collections from insurers for non-service 
connected care. To assist in the collection effort, the 
Committee has included bill language that would deem all VA 
healthcare facilities as Medicare and Medicaid certified and 
directs the Centers for Medicare and Medicaid Services (CMS) to 
issue Medicare and Medicaid provider numbers for these 
facilities thus enabling the VA to access veterans' Medicare 
and Medicaid records for the sole purpose of correctly 
identifying third-party insurance carrier information. The 
language reiterates that this certification process is not 
intended to affect the existing cost responsibility of the VA 
for providing this type of medical care and in no way places an 
obligation on CMS to assume any of these costs.

                    medical and prosthetic research

                              (rescission)

    The Committee did not include the proposal included in the 
budget submission to cancel $5,000,000 from the Medical and 
Prosthetic Research account.

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT


                       Public and Indian Housing


                        housing certificate fund

                              (rescission)

    The Committee recommendation includes a rescission of 
$300,000,000 for unobligated balances available in the Housing 
Certificate Fund and its predecessor programs.

                   Community Planning and Development


                     Rural Housing and Development

                              (rescission)

    The Committee recommendation does not include a proposed 
rescission of $20,000,000 from this account.

                       community development fund

    The recommendation includes an additional $750,000,000 for 
assistance to properties and businesses, including restoration 
of damaged infrastructure, and for economic revitalization 
activities in the areas of New York City affected by the 
September 11, 2001 terrorist attacks. As requested, the entire 
amount has been designated by the President as an emergency 
requirement pursuant to the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended.
    The Committee recognizes that the terrorist attacks 
inflicted significant damage to the utility infrastructure in 
New York City, an infrastructure critical to the physical and 
economic health of New York City. The Committee further 
understands that insurance proceeds will reimburse utility 
companies for only a portion of their losses and their cost to 
restore this damaged infrastructure. Therefore, the Committee 
encourages the Lower Manhattan Development Corporation to 
consider the needs of the utility companies as it allocates 
assistance provided from the Community Development Fund.
    The Committee also recognizes that private colleges and 
universities located near the World Trade Center suffered 
physical damages which may not be fully reimbursed by insurance 
proceeds and which are not eligible for reimbursement from the 
Federal Emergency Management Agency and therefore, the 
Committee encourages the Lower Manhattan Development 
Corporation to consider the needs of these colleges and 
universities as it allocates assistance provided from the 
Community Development Fund.
    The Committee has included bill language which makes 
technical corrections to two specific grants provided in discal 
years 2001 and 2002 under the Department of Housing and Urban 
Development.

                            Housing Programs


                       rental housing assistance

    The Committee has included a rescission of $300,000,000 
from contact authority in excess of required payments for 
fiscal year 2002.

                          INDEPENDENT AGENCIES


                Department of Health and Human Services


                     National Institutes of Health


          National Institute of Environmental Health Sciences

    The Committee recommends an additional $8,000,000 for the 
National Institute of Environmental Health Sciences to 
undertake and continue its research and worker training 
programs related to the September 11, 2001 terrorist attacks on 
the United States.
    Specifically, the NIEHS sponsored research will focus on 
the cardiopulmonary effects, the respiratory symptoms 
(especially new asthma-like symptoms), the psychological 
distress, and the general health effects of ``high-risk'' 
individuals (including policemen, firemen, remediation workers, 
and residents and workers in the immediate vicinity) subject to 
various exposures as a result of the terrorist attacks. The 
health information gathered through this research will be 
coupled with exposure assessment work already being coordinated 
by NIEHS.
    With regard to worker training, the Committee expects NIEHS 
to develop a program in preparation for future disasters which 
has among its components: (1) training for a nation-wide cadre 
of environmental response workers to respond to future 
terrorist attacks, (2) a national registry of trained skilled 
construction personnel in relevant crafts for immediate 
response to national disaster, (3) appropriate rescue training 
for workers who participate in immediate response activities 
but are not emergency personnel since they must work together 
in rescuing victims and removing debris, (4) new hazardous 
waste refresher course modules to cover emergency response and 
cleanup for terrorist attacks, and (5) training for workers who 
clean up buildings contaminated with biohazards, such as 
anthrax.
    The Committee's recommendation includes $4,000,000 each for 
research and worker training.

            Agency for Toxic Substances and Disease Registry


                         Salaries and Expenses

    The Committee recommends an additional $11,300,000 for the 
Agency for Toxic Substances and Disease Registry. Of this 
amount, $1,800,000 is intended to reimburse ATSDR for direct 
and indirect costs related to the Agency's response to the 
terrorist attacks of September 11, 2001. These expenses were 
not assumed in the fiscal year 2002 appropriation and adversely 
diminish the Agency's ability to carry out the 2002 program as 
approved by the Congress.
    The Committee has also included an additional $9,500,000 
for the Agency to further enhance the capacity of the States to 
respond to chemical terrorism events. These funds will be used 
to build on ATSDR's already established network of cooperative 
agreement programs by enhancing the capacity of state and local 
health departments to assess and respond to acts of chemical 
terrorism in a manner that minimizes the public health impact 
of such acts. They will also be used to supplement existing 
state cooperative agreement personnel as well as ATSDR 
headquarters staff who are used to assess the public health 
implications of acute toxic releases. The Committee feels 
strongly that increasing the number of technical experts at the 
state and regional level is key to the facilitation of rapid 
response and assessment in an emergency situation.

                    Environmental Protection Agency


                     Hazardous Substance Superfund

    The Committee has not included funding under Hazardous 
Substance Superfund for additional expenses incurred for 
anthrax investigations and cleanup actions at the United States 
Capitol and the Congressional office building complex as 
proposed in the budget submission. As this expense was specific 
to buildings and property under the jurisdiction of the House 
of Representatives and the Senate, the Committee has provided 
$12,500,000 under the Legislative Branch for reimbursement of 
these costs to the Environmental Protection Agency, Hazardous 
Substance Superfund.

                   STATE AND TRIBAL ASSISTANCE GRANTS

    The Committee has included bill language which makes 
technical corrections to four specific grants provided in 
fiscal years 2001 and 2002.

                  Federal Emergency Management Agency


                            DISASTER RELIEF

    The Committee recommends $2,750,000,000 in Disaster Relief 
to fund additional disaster relief efforts in response to the 
September 11, 2001 terrorist attacks on the United States.
    The Committee recognizes that the citizens and the medical 
community of Houston, Texas suffered unprecedented losses due 
to Tropical Storm Allison and that the Texas Medical Center 
provides unique and important services to its 42 member 
hospitals and institutions that provide medical care and vital 
medical research. Therefore, it is the committee's direction 
that, notwithstanding any other provision of law, FEMA may 
provide the Texas Medical Center Public Assistance and Hazard 
Mitigation grants as an agent for eligible applicants under the 
Robert T. Stafford Disaster Relief and Emergency Assistance 
Act. However, specific projects are still subject to FEMA and 
State eligibility criteria and guidelines.
    For the purpose of the September 11, 2001 attack on the 
World Trade Center, measures taken by eligible private non-
profit colleges and universities to protect the health and 
safety of students and faculty residing in areas affected by 
the disaster will be eligible for reimbursement.
    The Nation on September 11th faced the most horrific 
disaster ever to occur in America, a disaster of unprecedented 
scope. The Director of FEMA has acknowledged in letters to 
Members of the New York delegation that responding to the 
attacks on New York poses a `unique challenge'. FEMA has risen 
to the challenge and the Committee commends the agency for its 
response. There is, however, a perception, which FEMA concedes 
in correspondence, that FEMA has not done enough for those 
affected by the attacks. For example, there are report that 
families were denied aid from the Mortgage and Rental 
Assistance (MRA) program due to rigid eligibility rules that 
were implemented shortly after the attacks and the lack of 
application forms and FEMA guidance that reflect the new rules. 
Many families did not even try to obtain assistance because of 
reports of high denial rates. FEMA is reviewing case files to 
ensure that no applicant was wrongly denied MRA assistance, but 
the Committee believes FEMA must also reach out in a targeted 
way to families that may be eligible but were discouraged from 
even applying. Indeed, improving the dissemination of 
information should remain a very high FEMA priority, as many 
individuals, families, businesses, and governmental agencies 
still do not know whether they might be eligible for various 
kinds of assistance.
    Historically, FEMA has responded to disasters, such as 
hurricanes or riots, with which FEMA and other disaster 
response organizations had experience. No disaster response 
organization had experience with a terrorist attack on a 
densely populated urban area, which occurred on September 11th, 
2001. The Committee is aware that the authorities granted to 
FEMA may not permit a full Federal response in New York City. 
The Committee directs FEMA's Inspector General (IG) to review, 
for the period from September 11, 2001, to the date of 
enactment of this Act, the use of funds provided to FEMA to 
meet the post-attack needs of New York City. The IG is directed 
to report to the House and Senate Committees on Appropriations, 
by December 31, 2002, whether this review has identified any 
deficiencies or gaps in FEMA's statutory authorities that have 
impeded the delivery of assistance. The IG should address 
assistance to all victims (applicants and non-applicants alike) 
who have been determined to be or who might be eligible for 
assistance after future terrorist attacks that result in 
Presidential disaster declarations.
    The Director of FEMA shall report to the House and Senate 
Committees on Appropriations, within one year of the date of 
enactment of this Act, on the allocation of all funds among 
authorized activities for the Presidentially-declared disaster 
in New York (FEMA-1391-DR).

                  Disaster Assistance for Unmet Needs

    The Committee has recommended $23,320,000 for Disaster 
Assistance for Unmet Needs to address unmet needs arising from 
Presidentially-declared disasters occurring in fiscal year 
2002. Such needs may include damage resulting from Southwest 
ice storms occurring during January 2002.

              EMERGENCY MANAGEMENT PLANNING AND ASSISTANCE

    The Committee recommends $151,700,000 for Emergency 
Management Planning and Assistance instead of $326,727,600 
requested. The Committee has not included funding for ``First 
Responder'' grants in FEMA. The Committee recommendation 
includes $50,000,000 for Citizen Corps, $56,000,000 for 
improvements at State emergency operations centers, $5,000,000 
for development of mutual aid agreements, $7,000,000 for secure 
communications support to the States, $1,300,000 for security 
clearances for personnel in the States and Territories, and 
$32,400,000 to increase and enhance the preparedness of the 
National Urban Search and Rescue Response System.

                      National Science Foundation


                     EDUCATION AND HUMAN RESOURCES

    The Committee has, without prejudice, not provided 
$19,300,000 as requested in the supplemental budget submission 
for the Federal Cyber Service--Scholarship for Service program. 
While the Committee endorses the goals of this new program, the 
Foundation has neither fully developed or implemented the plans 
for this program as outlined and funded in the fiscal year 2002 
Appropriations Act. Until such plans are completed, the 
Committee believes it is premature to provide resources which 
would nearly double the current appropriation.

                    General Provisions--This Chapter

    The Committee recommendation includes language increasing 
the total loan guarantee limitation for fiscal year 2002 for 
the Federal Housing Administration single family program to 
meet current estimates of demand.
    The Committee recommendation includes language increasing 
the total loan guarantee limitation for fiscal year 2002 for 
the Federal Housing Administration's general and special risk 
programs to meet current estimates of demand.

                               CHAPTER 14


                           General Provisions

    A strict following of the Transportation Equity Act for the 
21st Century (TEA-21) will result in a $4,369,000,000 reduction 
in fiscal year 2003 in federal-aid highway funding from the 
base funding level in TEA-21 due to a mechanism called 
``revenue aligned budget authority'' or RABA. Section 1402 of 
the bill offsets the fiscal year 2003 negative adjustment by 
not only providing, but also guaranteeing, an additional 
$4,369,000,000 in obligation limitation for the highway 
category. It raises the highway category, and therefore, fully 
corrects the fiscal year reduction due to RABA without 
compromising other discretionary programs.

               Changes in the Application of Existing Law

    Pursuant to clause 3(f)(1) of rule XIII of the Rules of the 
House of Representatives, the following statements are 
submitted describing the effect of provisions in the 
accompanying bill which directly or indirectly change the 
application of existing law.
    The bill includes several appropriations that are not 
authorized by law and as such may be construed as legislative 
in nature.
    The bill includes several contingent emergency 
appropriation designations that may be construed as legislative 
in nature.
    Language is included that restricts the availability of the 
funds to the current fiscal year unless otherwise provided.
    Language is included that prohibits the use of any funds in 
this or any other Act for the Department of Health and Human 
Services for the consolidation of the Food and Drug 
Administration Office of Public Affairs or Office of 
Legislation at the Office of the Secretary of Health and Human 
Services.
    Language is included that limits expenditures of the Export 
Enhancement Program.
    Under Department of Justice, Immigration and Naturalization 
Service, Salaries and Expenses, Enforcement and Border Affairs, 
language is included placing a condition on the use of funds.
    Under Department of Commerce, National Oceanic and 
Atmospheric Administration, Fisheries Finance Program Account, 
language is included designating loan program levels.
    Language is included waiving prior authorization 
requirements for the expenditure of funds by the Department of 
State or the Broadcasting Board of Governors.
    Language is included regarding certain Immigration 
inspection fees.
    Language is included regarding the viewing of certain trial 
proceedings.
    Language is included regarding the Eisenhower Exchange 
Fellowship Program.
    Language has been included for Department of Defense--
Military in ``Operation and Maintenance, Defense-Wide'' which 
earmarks funds for payments to cooperating nations for military 
support provided to the United States military in connection 
with the war on terrorism.
    Language has been included for Department of Defense--
Military which would make funds available in ``Defense 
Emergency Response Fund'' for enhancements to North American 
Air Defense Command capabilities, and which provides transfer 
authority to other appropriations accounts.
    Language has been included in Department of Defense--
Military which provides that ``Procurement, Defense-Wide'' 
funds may be used to purchase vehicles required for physical 
security of personnel.
    Language has been included for Department of Defense--
Military which would allow ``Research, Development, Test and 
Evaluation, Navy'' funds to be used for the Special Operations 
Forces requirements related to the V-22.
    Language has been included for Department of Defense--
Military concerning obligation of funds in the Defense 
Cooperation Account.
    Language has been included for Department of Defense--
Military which allows the President to waive certain 
certification requirements required in the Cooperative Threat 
Reduction Act and the Freedom Support Act.
    Language has been included for Department of Defense--
Military concerning funds for intelligence related programs.
    Language has been included for Department of Defense--
Military which changes the deadline for submitting a request 
for multiple reprogrammings to the Congress.
    Language has been included for Department of Defense--
Military which makes funds available in ``Chemical Agents and 
Munitions Destruction, Army'' available for the payment for 
costs for international inspectors.
    Language has been included for Department of Defense--
Military which allows broader authority to the Department of 
Defense for assistance to Colombia.
    Language has been included for Department of Defense--
Military for the acquisition of three MH-47 Special Operations 
helicopters to replace combat losses.
    Language has been included for Department of Defense--
Military to accelerate the destruction of chemical agents at 
DoD facilities.
    Language has been included for Department of Defense--
Military which rescinds funds previously enacted in Defense 
Appropriations Acts.
    Language has been included for Department of Defense--
Military which states that Section 2533a of title 10 does not 
apply to Section 8159 of Public Law 107-117.
    Language has been included for Department of Defense--
Military which provides authority for the Secretary of Defense 
to use funds to reimburse cooperating nations for logistical 
and military support provided to the United States military in 
connection with the war on terrorism.
    The bill includes language under ``Governmental Direction 
and Support'' to allow funds provided to the Office of the 
Corporation Counsel to be used to support attorney compensation 
consistent with performance measures contained in a negotiated 
collective bargaining agreement.
    The bill includes rescissions under ``Public Education 
System'' and ``Repayment of Loans and Interest''.
    The bill includes language under ``Administrative 
Provision'' to allow grants to be delivered after 14 calendar 
days of receipt by Council, barring no written notice of 
disapproval by a Council member, instead of requiring Council 
to pass a law for approval.
    The bill includes language under ``General Provisions, This 
Chapter'' to allow the District of Columbia to use up to one 
percent of the funds provided in the Emergency Supplemental 
Act, 2002, for administrative costs.
    The bill includes language under ``General Provisions, This 
Chapter'' to allow the DC Courts to transfer 50 percent of the 
fund balance from the Crime Victims Compensation Fund to the 
District's Crime Victim Fund.
    The bill includes language under General Provisions, This 
Chapter to allow any funds not required to meet the seven 
percent cash reserve balance to be used to address potential 
deficits in addition to Pay-As-You-Go Capital Funds.
    In Chapter 5, each of the accounts includes a designation 
by the Congress that the amount to be appropriated is an 
emergency requirement pursuant to the Balance Budget and 
Emergency Deficit Control Act of 1985, as amended. Also in 
Chapter 5, language is included in certain accounts which makes 
the availability of the funds subject to the transmission of a 
budget request by the President to the Congress. Under 
Operation and Maintenance, General, language is included which 
makes the funds available until September 30, 2003. Language is 
also included which provides that the funds appropriated in 
this Act and Public Law 107-117 may be used at any facility 
owned or operated by, or on behalf of, the U.S. Army Corps of 
Engineers.
    Under Chapter 6, all funds are provided for emergency 
expenses for activities related to combating international 
terrorism (with the exception of funds appropriated under 
``Child Survival and Health Programs Fund'' and Economic 
Support Fund''), and all funds are designated by the Congress 
as an emergency requirement pursuant to section 251(b)(2)(A) of 
the Balanced Budget and Emergency Deficit Control Act of 1985, 
as amended.
    Under ``Child Survival and Health Programs Fund'', funds 
are made available for emergency expenses for activities 
related to combating AIDS, tuberculosis, and malaria, and are 
authorized to remain available until December 30, 2002. In 
addition, language specifies that funds made available in this 
and in prior Acts under this heading and under the heading 
``Child Survival and Disease Programs Fund'' 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. In addition, funds may be 
made 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.
    Under ``International Disaster Assistance'', funds are 
available until September 30, 2003. In addition, funds may be 
made 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.
    Under ``Economic Support Fund'', funds are made available 
for assistance for Israel for activities relating to combating 
international terrorism and are made available for humanitarian 
and refugee assistance for the West Bank and Gaza. However, no 
funds may be made available for assistance for the Palestinian 
Authority. In addition, $250,000,000 of the funds may be made 
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, is transmitted by the 
President to the Congress.
    Under ``Economic Support Fund'', ``Foreign Military 
Financing Program'', and ``Peacekeeping Operations'' funds 
appropriated under these headings and funds appropriated under 
these headings in prior Acts that are made available for the 
same purposes, 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.
    Under ``International Narcotics Control and Law 
Enforcement'', ``International Narcotics Control and Law 
Enforcement'', ``Migration and Refugee Assistance'', and 
``Peacekeeping Operations'' funds are available until September 
30, 2003.
    Under ``Foreign Military Financing Program'', language is 
included to provide the Department of Defense with the 
authority to use up to $2,000,000 for the general costs of 
administering overseas military assistance programs, including 
the purchase of motor vehicles.
    Unobligated balances of funds available under ``Special 
Payments to the International Financial Institutions'' are 
rescinded. The total rescinded is $159,000,000.
    Unobligated balances of $60,000,000 from funds appropriated 
under the headings ``Development Assistance'' and ``Economic 
Support Fund'' in fiscal year 2000 and prior year Acts making 
appropriations for foreign operations, export financing, and 
related programs are rescinded.
    Under ``General Provisions'', language is included that 
provides that in fiscal years 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, activities by designated 
terrorist organizations, and to take actions to protect human 
health and welfare in emergency circumstances. This provision 
shall also apply to unexpired balances and assistance 
previously provided from prior years' Acts. In addition, the 
language provides that the authority in this section is in 
addition to authorities currently available to provide 
assistance to Colombia.
    Also under ``General Provisions'', language is included 
that requires the President to submit not later than July 31, 
2002, his determination whether the United Nations Population 
Fund supports or participates in the management of a program of 
coercive abortion or involuntary sterilization.
    Under ``General Provisions'', language is included that 
requires the President to transmit a report within 30 days 
after the date of enactment of this Act to the appropriate 
congressional committees on the United States policy and 
strategy to assist Colombia as well as to achieve a robust 
security environment in the Andean region. The report shall 
address the key objects of United States assistance to the 
Government of Colombia, the actions required by the United 
States to support and achieve those objectives, as well as a 
time schedule and cost estimates for implementing such actions, 
the role of the United States in the efforts of the Government 
of Colombia to provide security within the country, and how the 
strategy regarding Colombia relates to and affects the strategy 
of the United States.
    Language is included under Bureau of Indian Affairs, 
Operation of Indian Programs, rescinding and redirecting 
previously appropriated funds to cover litigation costs 
associated with Indian trust reform.
    Language is included under General Provisions, The Chapter 
(Department of the Interior and Related Agencies), requiring 
the release of previously appropriated emergency funds for 
wildland fire management activities.
    Language is included under General Provisions, This Chapter 
(Department of the Interior and Related Agencies), limiting the 
use of funds to study the transfer of research activities from 
the Smithsonian Institution to the National Science Foundation.
    Language is included under General Provisions, This Chapter 
(Department of the Interior and Related Agencies), permitting 
the U.S. Fish and Wildlife Service to charge fees for services 
at Midway Atoll National Wildlife Refuge and to use those 
receipts for non-refuge specific needs.
    Language is included under General Provisions, This Chapter 
(Department of the Interior and Related Agencies), dealing with 
liability of foreign firefighters in this country and U.S. 
Federal firefighters in foreign countries.
    Language is included under General Provisions, This Chapter 
(Department of the Interior and Related Agencies, dealing with 
responsibilities of the Defense Department under the Endangered 
Species Act with respect to water consumption.
    Language is included which provides additional funds for 
dislocated worker assistance notwithstanding sections 
132(b)(2)(B) and 133(b)(2)(B) of the Workforce Investment Act 
of 1998.
    Language is included in the Department of Education, School 
Improvement programs clarifying the intent of Congress with 
respect to certain funding items identified in this account.
    Language is included in the Department of Education, Higher 
Education clarifying the intent of Congress with respect to 
certain funding items identified in this account.
    Language is included to a new account for Architect of the 
Capitol ``Capitol Police Buildings''.
    Langauge is included authorizing the Architect of the 
Capitol to acquire property.
    Language is included regarding the availability of 
appropriations.
    Language is included that provides for a two-way exchange 
of program participants under the Russian Leadership Program.
    Language is included that requires the Congressional 
Research Service to provide all materials to all official duty 
stations.
    Under Military Construction, language is included that 
provides that funds may be obligated or expended for planning 
and design and military construction projects not otherwise 
authorized by law.
    Language is included under Transportation Security 
Administration that would limit funds to recruit or hire 
personnel exceeding a staffing level of 45,000 full-time 
permanent positions.
    Language is included under U.S. Coast guard ``Operating 
Expenses'' making funds available for obligation until 
September 30, 2003.
    Language is included under Federal Aviation Administration 
``Operations'' allowing the transfer of up to $25,000,000 from 
``Facilities and Equipment''.
    Language is included under Federal Highway Administration 
``Emergency Relief Program'' that permits the federal share for 
the emergency relief program for the New York City/World Trade 
Center disaster to be 100 percent and waives the cap on the 
amount of emergency relief that can be provided for the 
September 11th terrorists attacks in New York City.
    Language is included under Federal Transit Administration 
``Capital Investment Grants'' that permits projects funded from 
this amount to be 100 percent federal. No local match is 
required.
    Language is included that provides funding for the motor 
carrier hazardous materials safety permit program.
    Language is included extending the provisions of section 
335 of Public Law 107-87 relating to the provision of rent-free 
space at airports to aviation security activities of the 
Transportation Security Administration.
    Language is included that prohibits the issuance of Federal 
credit instruments made pursuant to section 101(a)(1) of the 
Air Transportation Safety and Stabilization Act in fiscal year 
2002.
    Language is included that relates to adjustments made by 
the Director of the Office of Management and Budget 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.
    Language is included that rescinds the unobligated balances 
under section 101(a)(2) of Public Law 107-42.
    Language is included to waive certain adjustments made to 
the highway category by the Director, Office of Management and 
Budget.
    The bill includes language related to election 
administration reform, specifically referencing H.R. 3295, as 
passed by the House of Representatives on December 12, 2001.
    The bill includes a provision that rescinds and 
reappropriates certain funds from the Financial Management 
Service to the Internal Revenue Service.
    The bill includes a provision prohibiting the use of funds 
to transfer the functions, missions, or activities of the 
United States Customs Service to the Department of Justice.
    The bill includes a provision granting the Federal Law 
Enforcement Training Center the authority to hire federal 
retirees for a period of up to five years.
    Language is included under Department of Housing and Urban 
Development, Community Development Fund, which waives certain 
statutory requirements and makes a change in the eligibility 
for assistance as a result of the terrorist attacks of 
September 11, 2001.
    Language is included under Environmental Protection Agency, 
State and Tribal Assistance Grants, which make technical 
changes to specific grants made for fiscal years 2001 and 2002.
    Language is included under Federal Emergency Management 
Agency, Disaster Relief, which waives certain eligibility 
requirements under the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act.
    Language is included in the bill modifying the fiscal year 
2002 loan limitation level for the Federal Housing 
Administration's single family housing program.
    Language is included in the bill modifying the fiscal year 
2002 loan limitation level for the Federal Housing 
Administration's multi-family housing programs.
    In Title 11 of the bill, language is included related to 
the International Criminal Court.

                  Appropriations Not Authorized by Law

    Pursuant to clause 3(f)(1) of rule XIII of the Rules of the 
House of Representatives, the following table lists the 
appropriations in the accompanying bill which are not 
authorized by law:

                         [Dollars in thousands]

----------------------------------------------------------------------------------------------------------------
                                                                                  Appropriations
                                                     Last year of  Authorization   in last year   Appropriations
                  Agency program                    authorization      level            of         in this bill
                                                                                   authorization
----------------------------------------------------------------------------------------------------------------
U.S. Trade Rep....................................          1992         21,077          19,992           1,100
Department of Commerce:
    National Institute of Standards and                     1993        383,500         310,677           4,000
     Technology, Scientific and technical research
     and services.................................
Department of State:
    Administration of Foreign Affairs.............          2001      4,162,950       4,777,175         271,566
International Organizations and Conferences.......          2001      such sums       1,713,056          50,000
Broadcasting Board of Governors...................          2001        467,229         467,229          15,100
Securities and Exchange Commission, Salaries and            1999        351,280         324,000          29,300
 Expenses.........................................
Department of Defense--Military
    Military Personnel, Air Force.................          2002          (\1\)      19,724,014         206,000
    Operation and Maintenance, Army...............          2002     20,653,241      22,335,074         226,000
    Operation and Maintenance, Navy...............          2002     26,461,299      26,876,636          53,750
    Operation and Maintenance, Air Force..........          2002     25,598,767      26,026,789          60,500
    Operation and Maintenance, Defense-Wide.......          2002     11,949,586      12,773,270         751,975
    Defense Emergency Response Fund...............          2002              0               0      12,693,972
    Other Procurement, Army.......................          2002      4,027,374       4,183,736          79,200
    Aircraft Procurement, Navy....................          2002      8,323,147       7,938,143          22,800
    Procurement of Ammunition, Navy and Marine              2002        466,907         461,399         262,000
     Corps........................................
    Other Procurement, Navy.......................          2002      4,282,471       4,270,976           2,500
    Procurement, Marine Corps.....................          2002      1,014,637         995,442           3,500
    Aircraft Procurement, Air Force...............          2002     10,789,167      10,567,038         129,500
    Procurement of Ammunition, Air Force..........          2002        881,844         866,644         115,000
    Other Procurement, Air Force..................          2002      8,196,021       8,085,863         735,340
    Procurement, Defense-Wide.....................          2002      2,279,482       2,389,490         104,425
    Research, Development, Test and Evaluation,             2002      6,675,325       7,106,074           8,200
     Army.........................................
    Research, Development, Test and Evaluation,             2002     10,784,264      11,498,506           9,000
     Navy.........................................
    Research, Development, Test and Evaluation,             2002     14,407,187      14,669,931          99,800
     Air Force....................................
    Research, Development, Test and Evaluation,             2002     14,372,640      15,415,275          72,000
     Defense-Wide.................................
    Sec. 308. SOF Helicopters.....................          2002              0               0          93,000
    Sec. 309. Chemical Demilitarization...........          2002              0               0         100,000
    Military Construction, Air Force..............          2002      1,194,880       1,194,880           8,505
    Military Construction, Defense-wide...........          2002        840,558         840,558          21,500
Department of Energy:
Science:
    Safeguards and Security.......................          1994            (2)             (4)          29,000
Weapons Activities:
    Readiness in Technical Base and Facilities--            2002      1,348,300       1,348,300          19,400
     Operations and Maintenance...................
    Safeguards and Security.......................          2002        448,900         448,900          88,000
    Secure Transportation Asset...................          2002        123,300         123,300          18,000
Defense Environmental Restoration and Waste
 Management:
    Safeguards and Security.......................          2002        205,600         205,600          67,000
Defense Nuclear Nonproliferation:
    Arms Control..................................          2002        117,741         117,741           5,000
Defense Facilities Closure Projects                         2002      1,080,500       1,092,800          16,600
Other Defense Activities:
    Energy Security and Assurance.................          2002    250,400 (3)           3,300           7,000
Coast Guard:
    Operating Expenses............................          1999   \5\ 3,006,200      3,013,506         210,000
    Acquisition, construction and improvements....          1999   \2\ 1,140,600        625,465          78,000
Federal Highway Administration:
    Emergency relief program......................           N/A        100,000             N/A         167,000
Federal Motor Carrier Safety Administration:
    Border enforcement program (Highway trust                N/A            N/A             N/A          19,300
     fund)........................................
    Hazardous materials safety permits............          1997     \7\ 19,670          15,542           5,000
----------------------------------------------------------------------------------------------------------------
\1\ The FY2002 National Defense Authorization Act (P.L. 107-107) authorizes $75,801,666,000 for military
  personnel.
\2\ Authorized level provided for multiple programs with no separate program allowance for safeguards and
  security.
\4\ Funding for safeguards and security activities was spread throughout multiple programs with no individual
  amount specified.
\5\ Includes $151,500 authorized in the Western Hemisphere Drug Elimination Act through fiscal year 2001.
\6\ Includes $630,300 authorized in the Western Hemisphere Drug Elimination Act through fiscal year 1999.
\7\ Hazardous materials program funding.


----------------------------------------------------------------------------------------------------------------
                                                                      Appropriations in
                                    Last year        Authorization       last year of     Appropriations in this
                                    authorized           level          authorization              bill
----------------------------------------------------------------------------------------------------------------
Child Survival and Health       Population         Population         Population         $200,000 (HIV/AIDS)
 Programs Fund (See note         (1987); Health     ($290,000);        ($234,625);
 below) *.                       and Disease        Health and         Health and
                                 Prevention         Disease            Disease
                                 (1987); Child      Prevention         Prevention
                                 Survival Fund      ($180,000);        ($166,762);
                                 (1987); HIV/AIDS   Child Survival     Child Survival
                                 (2002).            Fund ($75,000);    Fund ($75,000);
                                                    HIV/AIDS           HIV/AIDS
                                                    ($300,000).        ($475,000 in
                                                                       fy2002, of which
                                                                       $435,000 in this
                                                                       account).
International Disaster          1987.............  $25,000..........  $70,000..........  $190,000
 Assistance.
Operating expenses of the       1987.............  $387,000.........  $340,600.........  $7,000
 United States Agency for
 International Development.
Economic Support Fund.........  1987.............  $3,800,000.......  $3,555,000.......  $710,000
Assistance for the Independent  1993.............  $410,000.........  $417,000.........  $110,000
 States of the Former Soviet
 Union.
International Narcotics         1994.............  $171,500.........  $100,000.........  $120,000
 Control and Law Enforcement.
Migration and Refugee           2001.............  $750,000.........  $700,000.........  $10,000,000
 Assistance.
Nonproliferation, Anti-         None.............  .................  .................  $83,000
 terrorism, demining and
 related programs (See note
 below) * *.
Foreign Military Financing      2002.............  $3,627,000.......  $3,650,000.......  $366,500
 Program.
Peacekeeping operations.......  1999.............  $83,000..........  $76,500..........  $20,000
Election Administration Reform  N/A..............  N/A..............  N/A..............  $450,000
Federal Election Commission...  1981.............  $9,400...........  $9,662...........  $750
Department of Housing Urban
 Development:
    Community Development       1994.............  4,168,000........  4,380,000........  750,000
     Fund--Community
     Development Block Grants.
----------------------------------------------------------------------------------------------------------------
* Note.--Programs recommended herein under ``Child Survival and Health Programs Fund'' were last authorized
  under a different account structure than that recommended in this bill; the account structure included a
  number of functional accounts, as described above.
* * Note.--Programs recommended herein under ``Nonproliferation, Anti-terrorism, Demining, and Related
  Programs'' include some major programs for which authorizations of appropriations were provided for fiscal
  year 2002; these programs include $73,000,000 authorized for anti-terrorism assistance and $142,000,000
  authorized for nonproliferation activities. In addition, some programs now in this account were previously in
  accounts that had authorizations of appropriations in prior years.

                           Transfer of Funds

    Pursuant to clause 3(f)(2) of rule XIII of the Rules of the 
House of Representatives, the following is submitted describing 
the transfer of funds provided in the accompanying bill.
    Language has been included in Department of Defense--
Military in the ``Defense Emergency Response Fund'' which 
provides for the transfer of funds out of and into this 
account.
    Language has been included in Department of Defense--
Military for Section 302 concerning the Defense Cooperation 
Account, which provides for the transfer of funds out of this 
account.
    Language has been included which mandates the transfer of 
$50,000,000 from ``Economic Support Fund'' to ``International 
Disaster Assistance''.
    Language has been included which provides for the transfer 
of funds from the account ``Election Administration Reform and 
Related Expenses'' to such entities as may be authorized by the 
conference agreement on H.R. 3295, legislation to establish 
programs for improving the administration of elections.
    Language has been included which allows the transfer of up 
to $25,000,000 within the Federal Aviation Administration, from 
``Facilities and equipment'' to ``Operations''.
    In addition, the bill includes language which provides for 
the transfer of funds between the DC Courts Crime Victims 
Compensation Fund and the District of Columbia's newly 
established Crime Victims Fund.

                              Rescissions

    Pursuant to clause 3(f)(2) of rule XIII of the Rules of the 
House of Representatives, the following table is submitted 
describing the rescissions recommended in the accompanying 
bill:

                  Rescissions Recommended in the Bill


                         [Dollars in thousands]

        Department or activity        Amounts recommended for rescission
Department of Defense--Military:
    Other Procurement, Air Force 2001/2003..............         $29,500
    Procurement, Defense-Wide 2002/2004.................          30,000
District of Columbia funds:
    Public Education System.............................          37,000
    Repayment of Loans and Interest.....................           7,950
Special Payments to the International Financial 
    Institutions........................................         159,000
Bilateral Economic Assistance...........................          60,000
Department of Health and Human Services: National 
    Institutes of Health, Building and Facilities.......          30,000
Department of the Interior: Bureau of Indian Affairs: 
    Operation of Indian Programs........................           5,000
Department of Treasury: Financial Management Service....          14,000
Executive Office of the President: Office of Management 
    and     Budget......................................             750
Housing and Urban Development:
    Housing Certificate Fund............................         300,000
Rental Housing Assistance...............................         300,000
Department of Transportation: Public Law 107-42 funds...         250,000

                 Comparison With the Budget Resolution

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives requires an explanation of compliance with 
section 308(a)(1)(A) of the Congressional Budget and 
Impoundment Control Act of 1974 (Public Law 93-344), as 
amended, which requires that the report accompanying a bill 
providing new budget authority contain a statement detailing 
how that authority compares with the reports submitted under 
section 302 of the Act for the most recently agreed to 
concurrent resolution on the budget for the fiscal year from 
the Committee's section 302(a) allocation.
    Appropriations in this bill are either designated emergency 
or offset in budget authority therein. Prior to the development 
of this bill the Committee had not received increases to its 
allocation to reflect actual appropriations enacted to date. 
Because of this, any comparison to the Committee's current 
allocation, even adjusted for any anticipated increases for the 
emergency appropriations in this bill, would not provide an 
accurate picture of where the Committee stands against its 
allocation.

                      Five-Year Outlay Projections

    In compliance with section 308(a)(1)(B) of the 
Congressional Budget and Impoundment Control Act of 1974 
(Public Law 93-344), as amended, the following table contains 
five-year projections associated with the budget authority 
provided in the accompanying bill:

                                                                Millions
Budget Authority........................................          29,387
Outlays:
    2002................................................           7,627
    2003................................................          12,032
    2004................................................           4,840
    2005................................................           2,490
    2006 and beyond.....................................           2,953

               Assistance to State and Local Governments

    In accordance with section 308(a)(1)(C) of the 
Congressional Budget and Impoundment Control Act of 1974 
(Public Law 93-344), as amended, the financial assistance to 
State and local governments is as follows:

                                                                Millions
Budget Authority........................................           5,567
Fiscal Year 2002 outlays resulting therefrom............             300

                        Constitutional Authority

    Clause 3(d)(1) of rule XIII of the Rules of the House of 
Representatives states that:

          Each report of a committee on a bill or joint 
        resolution of a public character, shall include a 
        statement citing the specific powers granted to the 
        Congress in the Constitution to enact the law proposed 
        by the bill or joint resolution.

    The Committee on Appropriations bases its authority to 
report this legislation from Clause 7 of Section 9 of Article I 
of the Constitution of the United States of America which 
states:

          No money shall be drawn from the Treasury but in 
        consequence of Appropriations made by law * * *

    Appropriations contained in this Act are made pursuant to 
this specific power granted by the Constitution.

         Statement of General Performance Goals and Objectives

    Pursuant to clause 3(c)(4) of rule XIII of the Rules of the 
House of Representatives, the following is a statement of 
general performance goals and objectives for which this measure 
authorizes funding:
    The Committee on Appropriations considers program 
performance, including a program's success in developing and 
attaining outcome-related goals and objectives, in developing 
funding recommendations.

         Compliance With Clause 3 of Rule XIII (Ramseyer Rule)

    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

           SECTION 286 OF THE IMMIGRATION AND NATIONALITY ACT


   disposition of moneys collected under the provisions of this title

    Sec. 286. (a) * * *

           *       *       *       *       *       *       *

    (e) Limitations of Fees.--(1) * * *

           *       *       *       *       *       *       *

          (3) The Attorney General [is authorized to] shall 
        charge and collect $3 per individual for the 
        immigration inspection or pre-inspection of each 
        commercial vessel passenger whose journey originated in 
        the United States or in any place set forth in 
        paragraph (1): Provided, That this [authorization] 
        requirement shall not apply to immigration inspection 
        at designated ports of entry of passengers arriving by 
        the following vessels, when operating on a regular 
        schedule: Great Lakes international ferries, or Great 
        Lakes Vessels on the Great Lakes and connecting 
        waterways.

           *       *       *       *       *       *       *


DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2002

           *       *       *       *       *       *       *



                                TITLE IV


RESEARCH, DEVELOPMENT, TEST AND EVALUATION

           *       *       *       *       *       *       *



            Research, Development, Test and Evaluation, Navy

    For expenses necessary for basic and applied scientific 
research, development, test and evaluation, including 
maintenance, rehabilitation, lease, and operation of facilities 
and equipment, $11,498,506,000, to remain available for 
obligation until September 30, 2003: Provided, That funds 
provided under this heading that are available for the V-22 
Osprey aircraft program may be used to meet unique requirements 
of the Special Operations Forces.

           *       *       *       *       *       *       *


                               TITLE VIII


GENERAL PROVISIONS--DEPARTMENT OF DEFENSE

           *       *       *       *       *       *       *



                          (transfer of funds)

    Sec. 8005. Upon determination by the Secretary of Defense 
that such action is necessary in the national interest, he may, 
with the approval of the Office of Management and Budget, 
transfer not to exceed $2,000,000,000 of working capital funds 
of the Department of Defense or funds made available in this 
Act to the Department of Defense for military functions (except 
military construction) between such appropriations or funds or 
any subdivision thereof, to be merged with and to be available 
for the same purposes, and for the same time period, as the 
appropriation or fund to which transferred: Provided, That such 
authority to transfer may not be used unless for higher 
priority items, based on unforeseen military requirements, than 
those for which originally appropriated and in no case where 
the item for which funds are requested has been denied by the 
Congress: Provided further, That the Secretary of Defense shall 
notify the Congress promptly of all transfers made pursuant to 
this authority or any other authority in this Act: Provided 
further, That no part of the funds in this Act shall be 
available to prepare or present a request to the Committees on 
Appropriations for reprogrammings of funds, unless for higher 
priority items, based on unforeseen military requirements, than 
those for which originally appropriated and in no case where 
the item for which reprogramming is requested has been denied 
by the Congress: Provided further, That a request for multiple 
reprogramming of funds using authority provided in this section 
must be made prior to [May 1, 2002] June 15, 2002.

DISTRICT OF COLUMBIA APPROPRIATIONS ACT, 2002

           *       *       *       *       *       *       *



                       DISTRICT OF COLUMBIA FUNDS


OPERATING EXPENSES

           *       *       *       *       *       *       *



                    Repayment of Loans and Interest

  For payment of principal, interest, and certain fees directly 
resulting from borrowing by the District of Columbia to fund 
District of Columbia capital projects as authorized by sections 
462, 475, and 490 of the District of Columbia Home Rule Act 
(Public Law 93-198; D.C. Official Code, secs. 1-204.62, 1-
204.75, 1-204.90), $247,902,000 from local funds: Provided, 
[That any funds set aside pursuant to section 148 of the 
District of Columbia Appropriations Act, 2000 (Public Law 106-
113; 113 Stat. 1523) that are not used in the reserve funds 
established herein shall be used for Pay-As-You-Go Capital 
Funds: Provided further, That for equipment leases,] That for 
equipment leases, the Mayor may finance $14,300,000 of 
equipment cost, plus cost of issuance not to exceed 2 percent 
of the par amount being financed on a lease purchase basis with 
a maturity not to exceed 5 years: Provided further, That 
$4,440,000 shall be for the Fire and Emergency Medical Services 
Department, $2,010,000 shall be for the Department of Parks and 
Recreation, and $7,850,000 shall be for the Department of 
Public Works: Provided further, That no less than $533,000 be 
available for trash transfer capital debt service.

           *       *       *       *       *       *       *


GENERAL PROVISIONS

           *       *       *       *       *       *       *


  Sec. 119. Acceptance and Use of Grants Not Included in 
Ceiling. (a) * * *
  [(b) Requirement of Chief Financial Officer Report and 
Council Approval.--No such Federal, private, or other grant may 
be accepted, obligated, or expended pursuant to subsection (a) 
until--
          [(1) the Chief Financial Officer of the District of 
        Columbia submits to the Council a report setting forth 
        detailed information regarding such grant; and
          [(2) the Council within 15 calendar days after 
        receipt of the report submitted under paragraph (1) has 
        reviewed and approved the acceptance, obligation, and 
        expenditure of such grant.]
  (b) Requirement of Chief Financial Officer Report and Council 
Approval.--
          (1) In general.--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) Deemed approval by council.--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).

           *       *       *       *       *       *       *

                              ----------                              


  SECTION 16 OF THE VICTIMS OF VIOLENT CRIME COMPENSATION ACT OF 1996

  Sec. 16. (a)  * * *

           *       *       *       *       *       *       *

  (d) Any unobligated balance existing in the Fund as of the 
end of each fiscal year (beginning with fiscal year 2000) may 
be used only in accordance with a plan developed by the 
District of Columbia which is submitted to the Committees on 
Appropriations of the Senate and House of Representatives, the 
Committee on Government Reform of the House of Representatives, 
and the Committee on Governmental Affairs of the Senate, except 
that under such plan--
          (1) * * *
          [(2) 50 percent of such balance shall be used for 
        outreach activities designed to increase the number of 
        crime victims who apply for such direct compensation 
        payments.]
          (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.

           *       *       *       *       *       *       *

                              ----------                              


    SECTION 159 OF THE DISTRICT OF COLUMBIA APPROPRIATIONS ACT, 2001

                             reserve funds

  Sec. 159. (a) * * *

           *       *       *       *       *       *       *

  (c) Effective Date.--
          (1) * * *

           *       *       *       *       *       *       *

          [(3) Transfer of funds.--All funds identified by the 
        District government pursuant to section 148 of Public 
        Law 106-113, as reflected in the certified annual 
        financial report for fiscal year 2000, shall be 
        deposited during fiscal year 2002 into the Emergency 
        and Contingency Reserve Funds established pursuant to 
        section 159 of Public Law 106-522, during fiscal year 
        2002.]

           *       *       *       *       *       *       *


  DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND 
               RELATED AGENCIES APPROPRIATIONS ACT, 2002


(Public Law 107-116)

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           TITLE II--DEPARTMENT OF HEALTH AND HUMAN SERVICES


              Health Resources and Services Administration


                     health resources and services

    For carrying out title II, IV, VII, VIII, X, XII, XIX, AND 
XXVI of the Public Health Service Act, section 427(a) of the 
Federal Coal Mine Health and Safety Act, title V and sections 
1128E and 1820 of the Social Security Act, the Health Care 
Quality Improvement Act of 1986, as amended, the Native 
Hawaiian Health Care Act of 1988, as amended, the Cardiac 
Arrest Survival Act of 2000, and the Poison Control Center 
Enhancement and Awareness Act, $6,081,237,000, of which 
[$311,978,000] $315,333,000 shall be available for construction 
and renovation of health care and other facilities, and of 
which $40,000,000 from general revenues, notwithstanding 
section 1820(j) of the Social Security Act, shall be available 
for carrying out the Medicare rural hospital flexibility grants 
program under section 1820 of such Act: Provided, That of the 
funds made available under this heading, $250,000 shall be 
available until expended for facilities renovations at the 
Gillis W. Long Hansen's Disease Center: Provided further, That 
in addition to fees authorized by section 427(b) of the Health 
Care Quality Improvement Act of 1986, fees shall be collected 
for the full disclosure of information under the Act sufficient 
to recover the full costs of operating the National 
Practitioner Data Bank, and shall remain available until 
expended to carry out that Act: Provided further, That fees 
collected for the full disclosure of information under the 
``Health Care Fraud and Abuse Data Collection Program'', 
authorized by section 1128E(d)(2) of the Social Security Act, 
shall be sufficient to recover the full costs of operating 
program, and shall remain available until expended to carry out 
that Act: Provided further, That no more than $15,000,000 is 
available for carrying out the provisions of Public Law 104-
40973: Provided further, That of the funds made available under 
this heading, $265,085,000 shall be for the program under title 
X of the Public Health Service Act to provide for voluntary 
family planning projects: Provided further, That amounts 
provided to said projects under such title shall not be 
expended for abortions, that all pregnancy counseling shall be 
nondirective, and that such amounts shall not be expended for 
any activity (including the publication or distribution of 
literature) that in any way tends to promote public support or 
opposition to any legislative proposal or candidate for public 
office: Provided further, That $639,000,000 shall be for State 
AIDS Drug Assistance Programs authorized by section 2616 of the 
Public Health Service Act: Provided further, That of the amount 
provided under this heading, $80,000 shall be for the Wausau 
Health Foundation in Wausau, Wisconsin, for a survey and 
analysis of local health professionals' career paths to better 
understand entry into and exit from health professions, 
$100,000 shall be for the University of San Diego Institute for 
the Advancement of Health Policy to assess through teaching, 
research and delivery of services the impact of public policy 
on families from vulnerable populations, $200,000 shall be for 
the Luna County, New Mexico and the Columbus Volunteer Fire 
Department to provide emergency medical services to immigrants, 
$350,000 shall be for the Clinical Pharmacy Training Program at 
the University of Hawaii at Hilo, $475,000 shall be for the 
American Federation of Negro Affairs, $500,000 shall be for the 
University of Washington Center for Health Workforce Studies in 
Seattle, Washington, for a demonstration project to collect and 
analyze health workforce data, $800,000 shall be for the 
University of Iowa for the training of Certified Registered 
Nurse Anesthetists, $1,000,000 shall be for the Washington 
Health Foundation for a comprehensive demonstration project on 
improving nurse retention, and $1,100,000 shall be for the Iowa 
Department of Public Health to create a Center for Health Care 
Workforce Shortage; Provided further, That, notwithstanding 
section 502(a)(1) of the Social Security Act, not to exceed 
$115,236,000 is available for carrying out special projects of 
regional and national significance pursuant to section 
501(a)(2) of such Act, of which $50,000 is for the Center for 
Great Expectations, Somerville, New Jersey to provide prenatal 
health care, education and counseling for pregnant teens, 
$565,000 is for the Milwaukee Health Department for a pilot 
program providing health care services to at risk children in 
day care, and $4,000,000 is for the Columbia Hospital for Women 
Medical Center in Washington, D.C., to support community 
outreach programs for women: Provided further, That $10,000,000 
is available for special projects of regional and national 
significance under section 501(a)(2) of the Social Security 
Act, which shall not be counted toward compliance with the 
allocation required in section 502(a)(1) of such Act, and which 
shall be used only for making competitive grants to provide 
abstinence education (as defined in section 510(b)(2) of such 
Act) to adolescents and for evaluations (including longitudinal 
evaluations) of activities under the grants and for Federal 
costs of administering the grants: Provided further, That 
grants under the immediately preceding proviso shall be made 
only to public and private entities which agree that, with 
respect to an adolescent to whom the entities provide 
abstinence education under such grant, the entities will not 
provide to that adolescent any other education regarding sexual 
conduct, except that, in the case of an entity expressly 
required by law to provide health information or services the 
adolescent shall not be precluded from seeking health 
information or services from the entity in a different setting 
than the setting in which the abstinence education was 
provided: Provided further, That the funds expended for such 
evaluations may not exceed 3.5 percent of such amount.

           *       *       *       *       *       *       *


           CHAPTER 9 OF THE EMERGENCY SUPPLEMENTAL ACT, 2002


                               CHAPTER 9


LEGISLATIVE BRANCH

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                        HOUSE OF REPRESENTATIVES


                       Administrative Provisions

    Sec. 903. (a) Acquisition of Buildings and Facilities.--
Notwithstanding any other provision of law, in order to respond 
to an emergency situation, the Chief Administrative Officer of 
the House of Representatives may acquire buildings and 
facilities, subject to the availability of appropriations, for 
the use of the House of Representatives by lease, purchase, or 
such other arrangement as the Chief Administrative Officer 
considers appropriate (including a memorandum of understanding 
with the head of an executive agency, as defined in section 105 
of title 5, United States Code, in the case of a building or 
facility under the control of such Agency), subject to the 
approval of the House Office Building Commission.

           *       *       *       *       *       *       *


                 SECTION 9 OF THE ACT OF JULY 31, 1946


  AN ACT To define the area of the United States Capitol Grounds, to 
            regulate the use thereof, and for other purposes

    Sec. 9. (a) * * *

           *       *       *       *       *       *       *

    [(b)] (c) For purposes of this section, ``the United States 
Capital Buildings and Grounds'' shall include any building or 
facility acquired by the Chief Administrative Officer of the 
House of Representatives for the use of the House of 
Representatives for which the Chief Administrative Officer has 
entered into an agreement with the United States Capitol Police 
for the policing of the building or facility.

           *       *       *       *       *       *       *


 SECTION 576 OF THE FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED 
                   PROGRAMS APPROPRIATIONS ACT, 2002


                          (Public Law 107-115)

                     united nations population fund

  Sec. 576. (a) Limitations on Amount of Contribution.--Of the 
amounts made available under ``International Organizations and 
Programs'', [not more than] $34,000,000 for fiscal year 2002 
shall be made available for the United Nations Population Fund 
(hereafter in this section referred to as the ``UNFPA'').

           *       *       *       *       *       *       *

  (d) Obligation and Disbursement.--Funds made available 
pursuant to subsection (a) shall be obligated and disbursed not 
later than July 10, 2002, unless otherwise prohibited by law.

                    [united nations population fund

  [Sec. 576. (a) Limitations on Amount of Contribution.--Of the 
amounts made available under ``International Organizations and 
Programs'', not more than $34,000,000 for fiscal year 2002 
shall be made available for the United Nations Population Fund 
(hereafter in this section referred to as the ``UNFPA'').
  [(b) Prohibition on Use of Funds in China.--None of the funds 
made available under ``International Organizations and 
Programs'' may be made available for the UNFPA for a country 
program in the People's Republic of China.
  [(c) Conditions on Availability of Funds.--Amounts made 
available under ``International Organizations and Programs'' 
for fiscal year 2002 for the UNFPA may not be made available to 
UNFPA unless--
          [(1) the UNFPA maintains amounts made available to 
        the UNFPA under this section in an account separate 
        from other accounts of the UNFPA;
          [(2) the UNFPA does not commingle amounts made 
        available to the UNFPA under this section with other 
        sums; and
          [(3) the UNFPA does not fund abortions.]


                     united nations population fund


  Sec. 576. (a) Limitations on Amount of Contribution.--Of the 
amounts made available under ``International Organizations and 
Programs'', not more than $34,000,000 for fiscal year 2002 
shall be made available for the United Nations Population Fund 
(hereafter in this section referred to as the ``UNFPA'').
  (b) Prohibition on Use of Funds in China.--None of the funds 
made available under ``International Organizations and 
Programs'' may be made available for the UNFPA for a country 
program in the People's Republic of China.
  (c) Conditions on Availability of Funds.--Amounts made 
available under ``International Organizations and Programs'' 
for fiscal year 2002 for the UNFPA may not be made available to 
UNFPA unless--
          (1) the UNFPA maintains amounts made available to the 
        UNFPA under this section in an account separate from 
        other accounts of the UNFPA;
          (2) the UNFPA does not commingle amounts made 
        available to the UNFPA under this section with other 
        sums; and
          (3) the UNFPA does not fund abortions.
  (d) Determination by President.--Not later than July 31, 
2002, the President shall transmit to the Committees on 
Appropriations his determination whether UNFPA supports or 
participates in the management of a program of coercive 
abortion or involuntary sterilization.

           *       *       *       *       *       *       *

                          Full Committee Votes

    Pursuant to the provisions of clause 3(b) of rule XIII of 
the House of Representatives, the results of each roll call 
vote on an amendment or on the motion to report, together with 
the names of those voting for and those voting against, are 
printed below:

                             rollcall no. 1

    Date: May 9, 2002.
    Measure: Supplemental Appropriations Bill for Further 
Recovery From and Response to Terrorist Attacks on the United 
States, FY 2002.
    Motion by: Mr. Hoyer.
    Description of Motion: To express the sense of the House of 
Representatives that the Assistant to the President for 
Homeland Security should testify before the House Committee on 
Appropriations in a public forum on matters pertaining to the 
president's fiscal year 2003 budget request for homeland 
security.
    Results: Rejected 27 yeas to 34 nays.
        Members Voting Yea            Members Voting Nay
Mr. Boyd                            Mr. Aderholt
Mr. Clyburn                         Mr. Bonilla
Ms. DeLauro                         Mr. Callahan
Mr. Dicks                           Mr. DeLay
Mr. Edwards                         Mr. Doolittle
Mr. Farr                            Mrs. Emerson
Mr. Fattah                          Mr. Frelinghuysen
Mr. Hinchey                         Mr. Goode
Mr. Hoyer                           Ms. Granger
Mr. Jackson                         Mr. Hobson
Ms. Kaptur                          Mr. Istook
Mr. Kennedy                         Mr. Kingston
Ms. Kilpatrick                      Mr. Knollenberg
Mrs. Lowey                          Mr. Kolbe
Mrs. Meek                           Mr. LaHood
Mr. Mollohan                        Mr. Latham
Mr. Moran                           Mr. Lewis
Mr. Murtha                          Mr. Miller
Mr. Obey                            Mr. Nethercutt
Mr. Olver                           Mrs. Northup
Mr. Pastor                          Mr. Regula
Mr. Price                           Mr. Rogers
Mr. Rothman                         Mr. Sherwood
Ms. Roybal-Allard                   Mr. Skeen
Mr. Sabo                            Mr. Sununu
Mr. Serrano                         Mr. Sweeney
Mr. Visclosky                       Mr. Taylor
                                    Mr. Tiahrt
                                    Mr. Vitter
                                    Mr. Walsh
                                    Mr. Wamp
                                    Mr. Wicker
                                    Mr. Wolf
                                    Mr. Young
                          Full Committee Votes

    Pursuant to the provisions of clause 3(b) of rule XIII of 
the House of Representatives, the results of each rollcall vote 
on an amendment or on the motion to report, together with the 
names of those voting for and those voting against, are printed 
below:

                             ROLLCALL NO. 2

    Date: May 9, 2002.
    Measure: Supplemental Appropriations Bill for Further 
Recovery From and Response to Terrorist Attacks on the United 
States, FY 2002.
    Motion by: Mr. Obey.
    Description of motion: To provide $382,000,000 for 
``Substance Abuse and Mental Health Services'' to be used only 
for drug abuse treatment activities.
    Results: Rejected 25 yeas to 33 nays.
        Members Voting Yea            Members Voting Nay
Mr. Boyd                            Mr. Aderholt
Mr. Clyburn                         Mr. Bonilla
Mr. Cramer                          Mr. Callahan
Mr. Cunningham                      Mr. DeLay
Ms. DeLauro                         Mr. Doolittle
Mr. Dicks                           Mrs. Emerson
Mr. Edwards                         Mr. Frelinghuysen
Mr. Farr                            Mr. Goode
Mr. Hinchey                         Ms. Granger
Mr. Hoyer                           Mr. Istook
Mr. Jackson                         Mr. Kingston
Ms. Kaptur                          Mr. Knollenberg
Mr. Kennedy                         Mr. Kolbe
Ms. Kilpatrick                      Mr. LaHood
Mrs. Lowey                          Mr. Latham
Mrs. Meek                           Mr. Lewis
Mr. Moran                           Mr. Miller
Mr. Murtha                          Mrs. Northup
Mr. Obey                            Mr. Peterson
Mr. Pastor                          Mr. Regula
Mr. Rothman                         Mr. Rogers
Ms. Roybal-Allard                   Mr. Sherwood
Mr. Sabo                            Mr. Skeen
Mr. Serrano                         Mr. Sununu
Mr. Visclosky                       Mr. Sweeney
                                    Mr. Taylor
                                    Mr. Tiahrt
                                    Mr. Vitter
                                    Mr. Walsh
                                    Mr. Wamp
                                    Mr. Wicker
                                    Mr. Wolf
                                    Mr. Young
                          Full Committee Votes

    Pursuant to the provisions of clause 3(b) of rule XIII of 
the House of Representatives, the results of each rollcall vote 
on an amendment or on the motion to report, together with the 
names of those voting for and those voting against, are printed 
below:

                             rollcall no. 3

    Date: May 9, 2002.
    Measure: Supplemental Appropriations Bill for Further 
Recovery From and Response to Terrorist Attacks on the United 
States, FY 2002.
    Motion by: Mr. Kolbe.
    Description of motion: To provide (in lieu of the pending 
amendment offered by Ms. Kaptur) an increase of $6,000,000 for 
``International Narcotics Control and Law Enforcement, and to 
reduce the ``Foreign Military Financing Program'' by 
$6,000,000.
    Results: Adopted 30 yeas to 19 nays.
        Members Voting Yea            Members Voting Nay
Mr. Aderholt                        Mr. Dicks
Mr. Bonilla                         Mr. Farr
Mr. Callahan                        Mr. Fattah
Mr. Cunningham                      Mr. Hinchey
Mr. DeLay                           Mr. Hoyer
Mr. Doolittle                       Ms. Kaptur
Mr. Frelinghuysen                   Mr. Kennedy
Mr. Goode                           Ms. Kilpatrick
Ms. Granger                         Mrs. Lowey
Mr. Knollenberg                     Mrs. Meek
Mr. Kolbe                           Mr. Mollohan
Mr. LaHood                          Mr. Obey
Mr. Latham                          Mr. Olver
Mr. Lewis                           Mr. Pastor
Mrs. Northup                        Mr. Price
Mr. Peterson                        Mr. Rothman
Mr. Regula                          Ms. Roybal-Allard
Mr. Rogers                          Mr. Sabo
Mr. Sherwood                        Mr. Serrano
Mr. Skeen
Mr. Sununu
Mr. Sweeney
Mr. Taylor
Mr. Tiahrt
Mr. Vitter
Mr. Walsh
Mr. Wamp
Mr. Wicker
Mr. Wolf
Mr. Young
                          Full Committee Votes

    Pursuant to the provisions of clause 3(b) of rule XIII of 
the House of Representatives, the results of each rollcall vote 
on an amendment or on the motion to report, together with the 
names of those voting for and those voting against, are printed 
below:

                             ROLLCALL No. 4

    Date: May 9, 2002.
    Measure: Supplemental Appropriations Bill for Further 
Recovery From and Response to Terrorist Attacks on the United 
States, FY 2002.
    Motion by: Mr. DeLay.
    Description of Motion: To include, as a new title, the 
``American Service Members' Protection Act of 2002''.
    Results: Adopted 38 yeas to 18 nays; 5 Present.



  Members Voting Yea     Members Voting Nay     Members Voting Present

Mr. Aderholt           Mr. Clyburn            Mr. Boyd
Mr. Bonilla            Ms. DeLauro            Mr. Hoyer
Mr. Callahan           Mr. Edwards            Mr. Obey
Mr. Cramer             Mr. Farr               Mr. Pastor
Mr. Cunningham         Mr. Fattah             Mr. Rothman
Mr. DeLay              Mr. Hinchey
Mr. Dicks              Mr. Kennedy
Mr. Doolittle          Ms. Kilpatrick
Mrs. Emerson           Mrs. Lowey
Mr. Frelinghuysen      Mrs. Meek
Mr. Goode              Mr. Moran
Ms. Granger            Mr. Olver
Mr. Hobson             Ms. Pelosi
Mr. Istook             Mr. Price
Mr. Kingston           Ms. Roybal-Allard
Mr. Knollenberg        Mr. Sabo
Mr. Kolbe              Mr. Serrano
Mr. LaHood             Mr. Visclosky
Mr. Latham
Mr. Lewis
Mr. Miller
Mr. Mollohan
Mr. Murtha
Mrs. Northup
Mr. Peterson
Mr. Regula
Mr. Rogers
Mr. Sherwood
Mr. Skeen
Mr. Sununu
Mr. Sweeney
Mr. Tiahrt
Mr. Vitter
Mr. Walsh
Mr. Wamp
Mr. Wicker
Mr. Wolf
Mr. Young


                          Full Committee Votes

    Pursuant to the provisions of clause 3(b) of rule XIII of 
the House of Representatives, the results of each rollcall vote 
on an amendment or on the motion to report, together with the 
names of those voting for and those voting against, are printed 
below:

                             rollcall no. 5

    Date: May 9, 2002.
    Measure: Supplemental Appropriations Bill for Further 
Recovery From and Response to Terrorist Attacks on the United 
States, FY 2002.
    Motion by: Mrs. Lowey.
    Description of motion: To provide an additional 
$500,000,000 for ``Child Survival and Health Programs Fund'' 
for a United States contribution to the Global Fund to combat 
AIDS, Tuberculosis, and Malaria.
    Results: Rejected 29 yeas to 33 nays.
        Members Voting Yea            Members Voting Nay
Ms. DeLauro                         Mr. Aderholt
Mr. Dicks                           Mr. Bonilla
Mr. Edwards                         Mr. Boyd
Mr. Farr                            Mr. Callahan
Mr. Fattah                          Mr. Cramer
Mr. Hinchey                         Mr. Cunningham
Mr. Hoyer                           Mr. Doolittle
Mr. Jackson                         Mrs. Emerson
Ms. Kaptur                          Mr. Frelinghuysen
Mr. Kennedy                         Mr. Goode
Ms. Kilpatrick                      Ms. Granger
Mrs. Lowey                          Mr. Hobson
Mrs. Meek                           Mr. Istook
Mr. Mollohan                        Mr. Kingston
Mr. Moran                           Mr. Knollenberg
Mr. Murtha                          Mr. Kolbe
Mr. Obey                            Mr. LaHood
Mr. Olver                           Mr. Latham
Mr. Pastor                          Mr. Lewis
Ms. Pelosi                          Mr. Miller
Mr. Price                           Mrs. Northup
Mr. Rothman                         Mr. Peterson
Ms. Roybal-Allard                   Mr. Regula
Mr. Sabo                            Mr. Rogers
Mr. Serrano                         Mr. Sherwood
Mr. Sununu                          Mr. Skeen
Mr. Sweeney                         Mr. Taylor
Mr. Visclosky                       Mr. Tiahrt
Mr. Wamp                            Mr. Vitter
                                    Mr. Walsh
                                    Mr. Wicker
                                    Mr. Wolf
                                    Mr. Young
                          Full Committee Votes

    Pursuant to the provisions of clause 3(b) of rule XIII of 
the House of Representatives, the results of each rollcall vote 
on an amendment or on the motion to report, together with the 
names of those voting for and those voting against, are printed 
below:

                             ROLLCALL No. 6

    Date: May 9, 2002.
    Measure: Supplemental Appropriations Bill for Further 
Recovery From and Response to Terrorist Attacks on the United 
States, FY 2002.
    Motion by: Mr. Kolbe.
    Description of motion: To hold the Secretary of Defense 
responsible, under section 7 of the Endangered Species Act, 
only for water consumption that occurs on a military 
installation or on lands under the Secretary's direct authority 
and control.
    Results: Adopted 36 yeas to 26 nays.
        Members Voting Yea            Members Voting Nay
Mr. Aderholt                        Mr. Boyd
Mr. Bonilla                         Mr. Clyburn
Mr. Callahan                        Mr. Cramer
Mr. Cunningham                      Ms. DeLauro
Mr. Doolittle                       Mr. Dicks
Mr. Edwards                         Mr. Farr
Mrs. Emerson                        Mr. Fattah
Mr. Frelinghuysen                   Mr. Hinchey
Mr. Goode                           Mr. Hoyer
Ms. Granger                         Ms. Kaptur
Mr. Hobson                          Mr. Kennedy
Mr. Istook                          Ms. Kilpatrick
Mr. Kingston                        Mrs. Lowey
Mr. Knollenberg                     Mrs. Meek
Mr. Kolbe                           Mr. Mollohan
Mr. LaHood                          Mr. Moran
Mr. Latham                          Mr. Murtha
Mr. Lewis                           Mr. Obey
Mr. Miller                          Mr. Olver
Mrs. Northup                        Ms. Pelosi
Mr. Pastor                          Mr. Price
Mr. Peterson                        Mr. Rothman
Mr. Regula                          Ms. Roybal-Allard
Mr. Rogers                          Mr. Sabo
Mr. Sherwood                        Mr. Serrano
Mr. Skeen
        Members Voting Yea            Members Voting Nay
                                    Mr. Visclosky
Mr. Sununu
Mr. Sweeney
Mr. Taylor
Mr. Tiahrt
Mr. Vitter
Mr. Walsh
Mr. Wamp
Mr. Wicker
Mr. Wolf
Mr. Young
                          Full Committee Votes

    Pursuant to the provisions of clause 3(b) of rule XII of 
the House of Representatives, the results of each rollcall vote 
on an amendment or on the motion to report, together with the 
names of those voting for and those voting against, are printed 
below:

                             rollcall no. 7

    Date: May 9, 2002.
    Measure: Supplemental Appropriations Bill for Further 
Recovery From and Response to Terrorist Attacks on the United 
States, FY 2002.
    Motion by: Mr. Kolbe (as amended by the substitute 
amendment offered by Mrs. Lowey).
    Description of motion: To require, unless otherwise 
prohibited by law, that $34,000,000 previously appropriated for 
the United Nations Population Fund be obligated and disbursed 
by July 10, 2002.
    Results: Adopted 32 yeas to 31 nays.
        Members Voting Yea            Members Voting Nay
Mr. Boyd                            Mr. Aderholt
Mr. Clyburn                         Mr. Bonilla
Mr. Cramer                          Mr. Callahan
Ms. DeLauro                         Mr. Cunningham
Mr. Dicks                           Mr. DeLay
Mr. Edwards                         Mr. Doolittle
Mr. Farr                            Mrs. Emerson
Mr. Fattah                          Mr. Goode
Mr. Frelinghuysen                   Ms. Granger
Mr. Hinchey                         Mr. Istook
Mr. Hobson                          Mr. Kingston
Mr. Hoyer                           Mr. Knollenberg
Mr. Jackson                         Mr. LaHood
Ms. Kaptur                          Mr. Latham
Mr. Kennedy                         Mr. Lewis
Ms. Kilpatrick                      Mr. Mollohan
Mr. Kolbe                           Mr. Murtha
Mrs. Lowey                          Mrs. Northup
Mrs. Meek                           Mr. Peterson
Mr. Miller                          Mr. Rogers
Mr. Moran                           Mr. Sherwood
Mr. Obey                            Mr. Skeen
Mr. Olver                           Mr. Sununu
Mr. Pastor                          Mr. Taylor
Ms. Pelosi                          Mr. Tiahrt
Mr. Price                           Mr. Vitter
Mr. Regula                          Mr. Walsh
Mr. Rothman                         Mr. Wamp
Ms. Roybal-Allard                   Mr. Wicker
Mr. Sabo                            Mr. Wolf
Mr. Serrano                         Mr. Young
Mr. Visclosky
                          Full Committee Votes

    Pursuant to the provisions of clause 3(b) of rule XIII of 
the House of Representatives, the results of each rollcall vote 
on an amendment or on the motion to report, together with the 
names of those voting for and those voting against, are printed 
below:

                             ROLLCALL No. 8

    Date: May 14, 2002.
    Measure: Supplemental Appropriations Bill for Further 
Recovery From and Response to Terrorist Attacks on the United 
States, FY 2002.
    Motion by: Mr. Serrano.
    Description of motion: To prohibit the Justice Department 
from entering into Memorandum of Understanding with State or 
local governments pursuant to section 287(g) of the Immigration 
and Nationality Act as amended.
    Results: Rejected 23 yeas to 33 nays.
        Members Voting Yea            Members Voting Nay
Mr. Clyburn                         Mr. Aderholt
Ms. DeLauro                         Mr. Bonilla
Mr. Dicks                           Mr. Boyd
Mr. Farr                            Mr. Callahan
Mr. Fattah                          Mr. Cramer
Mr. Hinchey                         Mr. Cunningham
Mr. Hoyer                           Mr. Doolittle
Mr. Jackson                         Mr. Edwards
Ms. Kaptur                          Mrs. Emerson
Mr. Kennedy                         Mr. Frelinghuysen
Ms. Kilpatrick                      Mr. Goode
Mrs. Lowey                          Ms. Granger
Mrs. Meek                           Mr. Hobson
Mr. Moran                           Mr. Istook
Mr. Obey                            Mr. Knollenberg
Mr. Olver                           Mr. Kolbe
Mr. Pastor                          Mr. LaHood
Ms. Pelosi                          Mr. Latham
Mr. Price                           Mr. Lewis
Ms. Roybal-Allard                   Mr. Miller
Mr. Sabo                            Mr. Nethercutt
Mr. Serrano                         Mrs. Northup
Mr. Visclosky                       Mr. Regula
                                    Mr. Rogers
                                    Mr. Sherwood
                                    Mr. Skeen
                                    Mr. Sununu
                                    Mr. Tiahrt
                                    Mr. Vitter
                                    Mr. Walsh
                                    Mr. Wamp
                                    Mr. Wolf
                                    Mr. Young
                          Full Commitee Votes

    Pursuant to the provisions of clause 3(b) of rule XIII of 
the House of Representatives, the results of each rollcall vote 
on an amendment or on the motion to report, together with the 
names of those voting for and those voting against, are printed 
below:

                             rollcall no. 9

    Date: May 14, 2002.
    Measure: Supplemental Appropriations Bill for Further 
Recovery From and Reponse to Terrorist Attacks on the United 
States, FY 2002.
    Motion by: Mr. Serrano (as amended by the substitute 
amendment offered by Mr. Farr).
    Description of Motion: To temporarily extend section 245(i) 
of the Immigration and Nationality Act, as amended, to allow 
illegal aliens who may be eligible for immigrant visas to 
adjust their status in the U.S. upon payment of a fee, instead 
of having to pursue their visa applications from abroad.
    Results: Rejected 27 yeas to 32 nays.
        Members Voting Yea            Members Voting Nay
Mr. Bonilla                         Mr. Aderholt
Mr. Clyburn                         Mr. Boyd
Ms. DeLauro                         Mr. Callahan
Mr. Dicks                           Mr. Cramer
Mr. Edwards                         Mr. Doolittle
Mr. Farr                            Mrs. Emerson
Mr. Fattah                          Mr. Frelinghuysen
Mr. Hinchey                         Mr. Goode
Mr. Hobson                          Ms. Granger
Mr. Hoyer                           Mr. Istook
Mr. Jackson                         Mr. Kingston
Ms. Kaptur                          Mr. Knollenberg
Mr. Kennedy                         Mr. Kolbe
Ms. Kilpatrick                      Mr. LaHood
Mr. Latham                          Mr. Lewis
Mrs. Lowey                          Mr. Miller
Mrs. Meek                           Mr. Nethercutt
Mr. Moran                           Mrs. Northup
Mr. Obey                            Mr. Peterson
Mr. Olver                           Mr. Regula
Mr. Pastor                          Mr. Rogers
Ms. Pelosi                          Mr. Sherwood
Mr. Price                           Mr. Skeen
Ms. Roybal-Allard                   Mr. Sununu
Mr. Sabo                            Mr. Taylor
Mr. Serrano                         Mr. Tiahrt
Mr. Walsh                           Mr. Visclosky
                                    Mr. Vitter
                                    Mr. Wamp
                                    Mr. Wicker
                                    Mr. Wolf
                                    Mr. Young
                          Full Committee Votes

    Pursuant to the provisions of clause 3(b) of rule XIII of 
the House of Representatives, the results of each rollcall vote 
on an amendment or on the motion to report, together with the 
names of those voting for and those voting against, are printed 
below:

                            ROLLCALL No. 10

    Date: May 15, 2002.
    Measure: Supplemental Appropriations Bill for Further 
Recovery From and Response to Terrorist Attacks on the United 
States, FY 2002.
    Motion by: Mr. Tiahrt.
    Description of motion: To reiterate existing appropriations 
law regarding the United Nations Population Fund, and to 
require the transmittal not later than July 31, 2002 of a 
Presidential determination regarding support or participation 
in the management of a program of coercive abortion or 
involuntary sterilization.
    Results: Adopted 32 yeas to 30 nays.
        Members Voting Yea            Members Voting Nay
Mr. Aderholt                        Mr. Boyd
Mr. Bonilla                         Mr. Clyburn
Mr. Callahan                        Ms. DeLauro
Mr. Cunningham                      Mr. Dicks
Mr. DeLay                           Mr. Edwards
Mr. Doolittle                       Mr. Farr
Mrs. Emerson                        Mr. Fattah
Mr. Goode                           Mr. Frelinghuysen
Ms. Granger                         Mr. Hinchey
Mr. Istook                          Mr. Hobson
Mr. Kingston                        Mr. Hoyer
Mr. Knollenberg                     Mr. Jackson
Mr. LaHood                          Ms. Kaptur
Ms. Latham                          Mr. Kennedy
Mr. Lewis                           Ms. Kilpatrick
Mr. Mollohan                        Mr. Kolbe
Mr. Nethercutt                      Mrs. Lowey
Mrs. Nothrup                        Mrs. Meek
Mr. Peterson                        Mr. Moran
Mr. Rogers                          Mr. Obey
Mr. Sherwood                        Mr. Olver
Mr. Skeen                           Mr. Pastor
Mr. Sununu                          Ms. Pelosi
Mr. Sweeney                         Mr. Price
Mr. Taylor                          Mr. Regula
Mr. Tiahrt                          Mr. Rothman
Mr. Vitter                          Ms. Roybal-Allard
Mr. Walsh                           Mr. Sabo
Mr. Wamp                            Mr. Serrano
Mr. Wicker                          Mr. Visclosky
Mr. Wolf
Mr. Young



                   ADDITIONAL VIEWS OF DAVID R. OBEY

          Providing the Resources Needed To Counter Terrorists

    This bill, like the Supplemental that Congress passed in 
December, contains a significant number of increases in 
counter-terrorism funding that were not requested by the 
President. In most instances, the add-ons contained in this 
bill are items that agency heads appointed by this 
administration asked the Office of Management and Budget to 
include in the President's Budget. While the Committee itself 
decided that many of the items which Executive Branch agencies 
requested were not urgent enough to fund at this time, it is 
fair to say, that on a bipartisan basis we were struck by the 
number of compelling requests for counter-terrorism funds that 
the Office of Management and Budget rejected. To put it 
bluntly, we are increasingly mystified as to why the 
administration's tough rhetoric on terrorism is not translated 
into its budget policy.
    It would be far better if such issues could be resolved by 
thoughtful discussion between those with differing 
perspectives--particularly at a time when our homeland security 
is so seriously threatened. Issues like this--at times like 
this--should not become a matter for open conflict between the 
branches of government or between the two political parties. We 
have sought to have discussions and reconcile differences. 
Those of us in both parties and in both Houses of Congress who 
are concerned about these issues have attempted in direct 
discussions with the President and in discussions with his 
senior advisors to understand the White House perspective on 
these issues and to share our honest and heartfelt concerns. 
Unfortunately, those efforts have been pointedly rejected.
    As elected representatives and as members of the branch of 
government that the Constitution establishes as preeminent in 
decisions about the financing of government activities, we have 
a clear responsibility to take actions we deem appropriate to 
protect the people of the United States. I think I can speak 
for members of the Appropriations Committee of both parties in 
saying that we would much prefer to do this without public 
confrontation. Nonetheless, the Office of Management and Budget 
has once again compelled us to such a debate.

           securing nuclear weapons and radioactive materials

    Perhaps the most important thing we can do in fighting 
terrorism is to deny organizations such as Al Qaeda access to 
weapons of mass destruction. The U.S. Department of Energy 
submitted proposals to tighten security with respect to a 
number of activities. Secretary Abraham in a letter to the 
Director of OMB stated:

          * * * we are storing vast amounts of materials that 
        remain highly volatile and subject to unthinkable 
        consequences if placed in the wrong hands. These 
        materials permeate the Departmental complex including 
        sites under the programmatic jurisdiction of the 
        National Nuclear Security Administration, the Office of 
        Environmental Management, and the Office of Science * * 
        * Although the initial supplemental and funds 
        appropriated by Congress helped respond to the most 
        urgent near-term security needs, the Department is now 
        unable to meet the next round of critical security 
        mission requirements * * * Failure to support these 
        urgent security requirements is a risk that would be 
        unwise.

    The Department of Energy proposed a total of $380 million 
to fund a variety of projects to enhance the security of 
radioactive materials here at home and overseas. These 
included:
          Security measures surrounding the transport of 
        nuclear weapons within the United States,
          Improving the manner in which we secure and store 
        plutonium (the most critical and difficult to obtain of 
        the materials used in nuclear weapons); and
          The clean-up, transport and securing in a central 
        depository of low-level radioactive materials that 
        could be used as material for building a ``dirty 
        bomb.''
    The Department requested a total of $380 million for these 
and other similar activities. Of that amount, OMB provided only 
$27 million or about 7%. The Chief Financial Officer of the 
Department who was appointed by President Bush last May wrote 
in exasperation to several senior-level operatives at OMB to 
state:

          We are disconcerted that OMB refused our security 
        supplemental request. I would have much preferred to 
        have heard this from you personally, and been given an 
        opportunity to discuss, not to mention, appeal your 
        decision.

    This bill contains $250 million distributed among the 
activities requested by the Secretary, $223 million above the 
amount requested by the President.

       finding terrorists who are illegally in the united states

    Another striking omission from the President's supplemental 
request involved efforts to round up and deport the most 
potentially dangerous of those individuals who entered the 
country on visas that have now expired. Currently, there are an 
estimated 7 million undocumented immigrants in the United 
States, and only 2,000 interior immigration enforcement 
officers nationwide. The Immigration and Naturalization Service 
requested $52 million for analysts to help find, arrest and 
deport high-risk individuals who have disregarded the departure 
dates on their visas. The analysts would use existing databases 
and work with other law enforcement agencies and the Foreign 
Terrorist Tracking Task Force to find better methods of 
identifying and locating such individuals. OMB denied the 
entire request. This bill contains $25 million that the 
Committee believes the INS can spend this year.

            modernizing the federal bureau of investigation

    Last fall, OMB denied the Federal Bureau of Investigation 
two thirds of the $1.5 billion in funds they had requested in 
the wake of the September 11th bombing. Among the funds denied 
was money needed to accelerate the new ``Trilogy'' computer 
system that will become the backbone of all communication with 
in the Bureau. Also included were funds: to enhance the 
internal security of the FBI's systems and procedures; for 
high-tech ``cyber cops''and hazardous materials personnel; to 
improve DNA analysis and surveillance programs; and to make 
infrastructure and personnel improvements. The Congress 
provided $212 million about the President's request. This will 
permit the Trilogy system to be completed by this summer rather 
than in 2004, as would be the case under the President's 
request. It also permitted the Bureau to hire analysts of 
various backgrounds to help synthesize the broad spectrum of 
counter-terrorism information in the FBI system.
    In January, the FBI argued for additional funds for several 
critical activities, including to upgrade the security of the 
new computer system and to begin to convert the enormous number 
of existing paper files into computer files that could be 
backed up, protected against loss and easily shared by 
investigators across the country. They also asked for funds to 
increase the Bureau's access to foreign language translators 
and analysts. In total the Bureau stated that they had 
immediate needs for $635 million in additional funding. OMB 
denied all but $10 million. This bill contains $112 million for 
these activities, the amount the Committee believes can be 
expended before the end of the current fiscal year.

                 protecting high-risk public facilities

    After September 11, the Corps of Engineers informed the 
White House that it had 316 sites around the country that it 
considered unduly vulnerable to attack. Some of these were dams 
and flood control projects that if bombed or sabotaged could 
cause horrific loss of life and property damage. The Corps 
argued that simple steps such as installation of fencing and 
remote TV cameras could in many instances mitigate much of the 
potential risk. The December supplemental provide sufficient 
funds to allow security work to begin on the 100 most 
vulnerable projects. In January, the Corps asked for funds so 
that work could begin on additional projects that posed less of 
a threat than those covered in the December appropriation but 
which nonetheless needed immediate attention. The total cost 
for meeting that need was $128 million. OMB denied the entire 
request. This bill funds the Corps' entire request.

          chaos at the transportation security administration

    The Bush Administration has spent over five months 
developing a plan to increase aviation security pursuant to the 
Aviation and Transportation Security Act enacted after the 
September 11 terrorist attacks. Unfortunately, the new 
Transportation Security Administration (TSA) still cannot 
answer basic questions about the details of these plans.
    The only information provided by the TSA to the Committee 
arrived less than three weeks ago on the days of April 24, 25 
and 29th. That information is now changing apparently because 
TSA recognized that the proposal was not sustainable after the 
first round of questions from the Congress and the press.
    Among those questions were why TSA screening guards with 
two years of experience would be paid $84,000 a year--more than 
airport managers in many of the airports in which they would be 
located. So far, TSA's response to this is that they are 
reviewing the salary structure. In fact, the salary levels that 
TSA provided on April 29 showed salaries for law enforcement 
officers, Federal security directors and Federal security 
director staff that in some instances will be higher than those 
of the mayor of the town or airport director.
    A second question was why TSA requested no funding to pay 
for airport construction costs for proper placement of 
explosive detection equipment. The latest information from the 
agency would have the federal government spending $650 million 
for the purchase of massive baggage screening equipment without 
any plan or funding to construct facilities in which to locate 
the equipment. Presumably the new machines would upon their 
arrival be placed in warehouses at government expense until 
adequate facilities could be constructed.
    A third question that the agency has failed to answer is 
why the TSA needs more than 600 people in its Washington 
headquarters. Further, there is no explanation for why it plans 
to pay an average staff salary (including benefits) at its 
headquarters in Washington D.C. of $112,600. This exceeds the 
average staff salary (including benefits) for the DOT Office of 
the Secretary, FAA headquarters staff, Supreme Court, and the 
White House Executive Office of the President.
    TSA can still not tell us how many people it will employ 
when it reaches full strength although there are rumors that 
internal discussions have included figures approaching 70,000 
for the air transportation portion alone.
    Still other questions include: what plans have been devised 
for installing explosive detection equipment and trace 
detectors? Does TSA plan to install this equipment in airport 
lobbies or in the baggage routing area? Does TSA plan to open 
all bags to be checked with trace detection equipment in front 
of the passenger?
    In addition, we have not been assured that the TSA has 
appropriately addressed the Inspector General's concerns that 
TSA may be allowing payments to its contractors before the 
verifying that the work has been performed. The TSA, which will 
quickly become bigger than the FBI, the Customs Service, the 
DEA and the Secret Service combined, should not be starting out 
with sloppy accounting practices, but it has begun just that 
way.
    While TSA complains that OMB bears a major portion of the 
blame for the slowness of their decision making process and the 
fact that so little information was shared with the Congress, 
there is little evidence that OMB effectively challenged the 
faulty assumptions that are now placing the entire program in 
such a state of chaos. OMB evidently recommended that Congress 
appropriate $4.4 billion to the agency for operations between 
now and the end of the fiscal year in September, without a 
clear understanding of either its staffing plans or its pay 
scale.
    At the same time OMB ignored numerous important safety 
needs in the transportation area. They failed to provide an 
effective communication system for the Sky Marshal program. 
They failed to fund a program that would ensure the rapid 
replacement of existing cockpit doors that will ensure that 
pilots will not be interfered with. They failed to fund the 
airport facilities needed for the luggage screening equipment.
    Finally, OMB provided the Coast Guard funds sufficient to 
maintain through the end of the fiscal year only 500 of the 
1700 Coast Guard Reserves now on active duty. That dramatic 
decline will largely come out of the force now dedicated to 
port security.

       unwise reductions in guard and reserve mobilization costs

    The Committee is to be commended for adding $790 million 
above the Bush Administration's budget request for the extra FY 
2002 costs to pay National Guard and Reserve personnel called 
to active duty in support of Operation Enduring Freedom and 
Operation Noble Eagle. (This excludes the costs of National 
Guard personnel supporting other homeland security missions 
such as airport security and border security that are funded by 
other agencies.) By all accounts, these personnel have been 
doing superb work and have been essential to the success of our 
military operations to date. They deserve high praise for their 
professionalism and commitment, and should be fully supported 
by the Congress.
    It is troubling that the Committee was forced to add 
significant sums to this bill for such a fundamentally 
important and basic item as the pay of Guard and Reserve 
personnel. It is well known that a major reason for the weeks 
of extra delay the Administration experienced in submitting the 
Supplemental budget request to Congress was the internal 
squabble between the Defense Department and the OMB over Guard 
and Reserve pay costs. In the end, OMB won the fight, and the 
Defense Department is now in the early stages of planning to 
demobilize 14,5000 reservists, nearly 20% of the total called 
up, due to the lack of money in the President's request.
    This is a very poor policy decision that belies the 
President's commitment to spend ``whatever it takes'' to win 
the war on terrorism.
    The Administration's budget decision that forces early 
Guard and Reserve demobilizations came at virtually the same 
moment the Secretary of Defense had issued an internal 
memorandum to his senior staff complaining that the high pace 
of operations from the war on terrorism was taking a heavy toll 
on the entire military force. The Secretary's March 13, 2002 
memorandum reads in part:

          * * * We have had stop-loss in place for some months, 
        preventing people on active duty from leaving the 
        Service. In addition, we are extending the assignment 
        of thousands and thousands of Guards (sic) and 
        Reserves, who have been called away from homes and 
        normal employment to serve on active duty.
          The entire force is facing the adverse results of the 
        high-paced optempo and perstempo.
          We are past the point where the Department can, 
        without an unbelievably compelling reason, make 
        additional commitments.

    In the meantime, we now have fresh warnings that a 
reconstituted Al Qaeda is planning an attack in the U.S. bigger 
than the September 11th attack, and the Senate Intelligence 
Committee is expressing deep concern that the Pentagon has 
found it unable to fill 3,000 vacant military billets needed to 
support critical intelligence programs (Sen. Rpt. 107-149, p. 
12).
    There is good reason for recent press reports that Guard 
and Reserve personnel are confused and angry. A month ago, many 
of them were being told that their service was so vital to the 
war on terrorism that their activations might have to be 
extended. Now they are being told they may be demobilized in 
the coming weeks because the Pentagon doesn't need them after 
all.
    This harkens back to the attitudes of 10 to 15 years ago 
when Guard and Reserve personnel were regarded as second-class 
citizens compared to the active forces. It is time for 
decision-makers in the administration to understand and 
appreciate the extent to which today's Guard and Reserve forces 
are integrated into our military structure. Our military simply 
can't function in major campaigns without significant support 
from our reservists, and they certainly don't deserve to be 
made part of a game of budget ping-pong.
    As of March 11, 2002, a total of 83,021 Guard and Reserve 
personnel had been called to active duty to provide vital 
support in such areas as security and force protection, 
intelligence, combat air patrols, special operations, chemical 
and biological protection, strategic and tactical airlift, air 
refueling operations, civil affairs, communications, 
transportation, infantry, and aero-medical staging. As a result 
of the OMB budget decision, the Defense Department has 
initiated a planning process to reduce these forces by 14,500, 
to around 68,500.
    I believe the American people would be appalled if they 
understood that the number of Guard and Reserve military 
personnel needed to fight the war on terrorism was not being 
set by military experts, but by OMB accountants.
    The Committee action to add $790 million to the $4.1 
billion budget request for Guard and reserve pay costs is 
designed to put the decision of how many reservists we require 
to fight the war on terrorism back into the hands of the 
Defense Department, instead of OMB. These funds, when combined 
with other funds previously appropriated to the Defense 
Department, should obviate the need to make demobilizations for 
any other reason than military necessity.

                                      GUARD AND RESERVE MOBILIZATION COSTS
----------------------------------------------------------------------------------------------------------------
                                                                               Committee
                                                         Bush request       recommendation     Funding Increase
----------------------------------------------------------------------------------------------------------------
Army................................................      $1,389,700,000      $1,786,700,000       +$397,000,000
Navy................................................         414,200,000         631,200,000        +217,000,000
Marine Corps........................................         206,800,000         210,800,000          +4,000,000
Air Force...........................................       1,848,500,000       2,020,500,000        +172,000,000
Defense-wide........................................         243,800,000         243,800,000  ..................
                                                     -----------------------------------------------------------
      Total.........................................       4,103,000,000       4,893,000,000        +790,000,000
----------------------------------------------------------------------------------------------------------------

    Impoundment Authority. But this disagreement does not 
appear to be resolved despite the bipartisan unanimous 
agreement to provide these additional funds. There are new 
indications that OMB plans to continue its fight against these 
additional funds. At the 11th hour before the full committee 
mark up, our Chairman received a high level request from the 
Administration to insert language in the bill that effectively 
allows OMB to unilaterally impound the extra Guard and Reserve 
pay funds provided in the bill if it so chooses. The Chairman 
decided to include this provision for reasons of comity. I 
believe this is a serious flaw in this bill that exhibits a 
continuing in sensitivity to the important role that our Guard 
and Reserve forces are making to the war effort. I plan to work 
hard in conference to restore the full availability of these 
funds unimpeded by further OMB interference.

                toward a more constructive relationship

    Neither branch of government has all of the answers. The 
Founding Fathers exercised remarkably good judgment when they 
instituted a system of checks and balances so that matters of 
public importance would be viewed from different perspectives 
before final decisions could be made. That process, however, 
does not need to be hostile or overly adversarial, particularly 
on issues of national security. It is in the interest of the 
President, and more importantly, of the country to restore a 
greater sense of comity and to allow our differing perspectives 
on security issues to strengthen our solutions rather than 
create greater divisions between us. We hope that senior 
advisors to the President will more closely follow the efforts 
of OMB in reviewing agency budgets and will take steps to see 
that a more appropriate working relationship between the 
Congress and the White House develops in the months ahead. The 
welfare and security of the American people are dependent upon 
it.

                                                     David R. Obey.

                    ADDITIONAL VIEWS OF MR. SERRANO

    During Committee consideration of the Supplemental, I 
offered three amendments that were not agreed to. I believe the 
Committee's actions on my amendments were ill-considered and 
wrong.
    Colombia.--Assistance to Colombia was originally approved 
by this Congress after numerous assurances by both the Clinton 
and Bush Administrations that its purpose was to control the 
production of illicit crops and would not involve the United 
States in a wider war. The Colombian military has not made 
progress on human rights issues and refuses to suspend, 
investigate and prosecute the highest level officials involved 
in human rights violations and in aiding and abetting the 
paramilitaries.
    The Supplemental is not the time or the place to expand our 
assistance to Colombia from efforts to target narcotics 
trafficking to counter-terrorism activities. Allowing fiscal 
year 2002 funds made available to the Department of Defense and 
the Department of State to be used against organizations 
designated as terrorist organizations such as the FARC, the 
ELN, and the AUC will represent a significant increase in our 
country's involvement in Colombia's civil war.
    Section 245(i).--Section 245(i) of the Immigration and 
Nationality Act authorizes undocumented immigrants who are in 
the United States and eligible for immigrant visas based on 
family relationships or employment to become lawful permanent 
residents (LPRs) without leaving the country if they pay a 
$1,000 fine. This is a humanitarian measure that allows 
prospective immigrants to remain with their families--often 
U.S. citizens--while they go through the process of becoming 
LPRs. Without this provision, many prospective citizens would 
be forced to leave the country for up to 10 years. The 
significance of this legislation cannot be overstated. Indeed, 
on the day the Committee considered this issue, President Bush, 
in signing the Border Security and Visa Entry Reform Act, said, 
``The bill didn't have everything I wanted. I wanted a 
temporary extension of 245-I in the bill, which basically 
allowed certain immigrants, sponsored by their families or 
employers, to become legal residents without having to leave 
the country, so that families can stay together. I thought that 
made sense. It's not a part of the bill; I intend to work with 
Congress to see if we can't get that done here pretty quick.''
    Section 245(i) has been extended several times since it was 
first enacted in 1994, and it needs to be extended again. Both 
the House and the Senate have passed legislation to extend the 
filing deadline for definitive periods of time. While I believe 
Section 245(i) should be restored in full, the Committee 
rejected even a limited extension identical to provisions the 
House passed earlier this year.
    State and local enforcement of immigration law.--In 1996, 
the INS was given authority to enter into agreements with State 
and local enforcement officials that essentially allow the INS 
to ``deputize'' local law enforcement agents to enforce Federal 
immigration laws. The first agreement is being negotiated with 
Florida, and other governments are considering entering into 
agreements. This authority has never been used before and it 
should not be used now.
    State and local police departments have devoted substantial 
effort to improving relations with immigrant communities so 
immigrants, regardless of status, will report crimes against 
them and cooperate in investigations. During the Committee 
markup, I read quotes from leaders of police organizations and 
police departments who stress both the need to be ``effective 
partners'' with immigrant communities and to ``build bridges to 
all segments of our community'' and the threat immigration 
enforcement poses to these principles. The agreement being 
discussed by the INS will erode trust and cooperation, making 
law enforcement efforts much more difficult.
    In addition, the enforcement of Federal immigration law is 
potentially risky and requires significant training and 
experience. Without this training and experience, police may 
target people for immigration enforcement based on their 
appearance or other characteristics, leading to violations of 
the rights of U.S. citizens and LPRs. A short period of INS 
training will not make our local law enforcement officers 
immigration experts.
    My amendment would have prohibited the Justice Department 
from spending any funds to implement these types of agreements. 
The right way to deal with the problem of internal enforcement 
is to provide the immigration experts, the people that are 
accountable for enforcing our immigration laws--the INS--with 
the resources they need to increase internal enforcement 
efforts. This bill begins this process. The Committee has 
included $25 million in this Supplemental to expand INS efforts 
to identify and remove absconders. This will allow the INS to 
target its resources, gather intelligence, and identify the 
greatest threats to our national security.

                                                   Jose E. Serrano.

                                
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