[107th Congress Public Law 38]
[From the U.S. Government Printing Office]


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[DOCID: f:publ038.107]


[[Page 115 STAT. 220]]

Public Law 107-38
107th Congress

                                 An Act


 
 Making emergency supplemental appropriations for fiscal year 2001 for 
additional disaster assistance, for anti-terrorism initiatives, and for 
 assistance in the recovery from the tragedy that occurred on September 
   11, 2001, and for other purposes. <<NOTE: Sept. 18, 2001 -  [H.R. 
                                2888]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: 2001 Emergency 
Supplemental Appropriations Act for Recovery from and Response to 
Terrorist Attacks on the United States.>>  That the following sums are 
appropriated, out of any money in the Treasury not otherwise 
appropriated, to provide emergency supplemental appropriations for 
fiscal year 2001, namely:

    EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE 
                                PRESIDENT

                         Emergency Response Fund

                     (including transfers of funds)

    For emergency expenses to respond to the terrorist attacks on the 
United States that occurred on September 11, 2001, to provide assistance 
to the victims of the attacks, and to deal with other consequences of 
the attacks, $40,000,000,000, to remain available until expended, 
including for the costs of: (1) providing Federal, State, and local 
preparedness for mitigating and responding to the attacks; (2) providing 
support to counter, investigate, or prosecute domestic or international 
terrorism; (3) providing increased transportation security; (4) 
repairing public facilities and transportation systems damaged by the 
attacks; and (5) supporting national security: Provided, That these 
funds may be transferred to any authorized Federal Government activity 
to meet the purposes of this Act: Provided further, That the Congress 
designates the entire amount as an emergency requirement pursuant to 
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
Control Act of 1985: Provided further, That $40,000,000,000 shall be 
available only to the extent that an official budget request, that 
includes designation of the $40,000,000,000 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: Provided further, 
That the President shall consult with the chairmen and ranking minority 
members of the Committees on Appropriations prior to the transfer of 
these funds: Provided further, That of the $40,000,000,000 made 
available herein, $10,000,000,000 shall not be available for transfer to 
any Department or Agency until 15 days after the Director of the Office 
of Management and Budget has submitted to the House and Senate 
Committees on Appropriations a proposed allocation and plan for use of 
the funds for that

[[Page 115 STAT. 221]]

Department or Agency; $20,000,000,000 may be obligated only when enacted 
in a subsequent emergency appropriations bill, in response to the 
terrorist acts on September 11, 2001: Provided further, That the 
President shall transmit an amended budget request proposing an 
allocation of funds: Provided further, That not less than one-half of 
the $40,000,000,000 shall be for disaster recovery activities and 
assistance related to the terrorist acts in New York, Virginia, and 
Pennsylvania on September 11, 2001, as authorized by law: Provided 
further, <<NOTE: Reports.>>  That the Director of the Office of 
Management and Budget shall provide quarterly reports to the Committees 
on Appropriations on the use of these funds, beginning not later than 
January 2, 2002: Provided further, That the President shall submit to 
the Congress as soon as practicable detailed requests to meet any 
further funding requirements for the purposes specified in this Act.

                           GENERAL PROVISIONS

    Sec. 101. Funds appropriated by this Act, or made available by the 
transfer of funds in this Act, for intelligence activities are deemed to 
be specifically authorized by the Congress for purposes of section 504 
of the National Security Act of 1947 (50 U.S.C. 414).
    Sec. 102. Funds appropriated by this Act, or made available by the 
transfer of funds in this Act, may be obligated and expended 
notwithstanding section 10 of Public Law 91-672, section 313 of the 
Foreign Relations Authorization Act, fiscal years 1994 and 1995, and 
section 15 of the State Department Basic Authorities Act of 1956.
    This Act may be cited as the ``2001 Emergency Supplemental 
Appropriations Act for Recovery from and Response to Terrorist Attacks 
on the United States''.

    Approved September 18, 2001.

LEGISLATIVE HISTORY--H.R. 2888 (S. 1426):
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CONGRESSIONAL RECORD, Vol. 147 (2001):
            Sept. 14, considered and passed House and Senate.

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