Report on Supplemental Appropriations for 2002

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

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.

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.

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.

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

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) * * *

* * * * * * *

[(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)

* * * * * * *

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

* * * * * * *

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.