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.
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Committee
Program Request recommendation Change
----------------------------------------------------------------------------------------------------------------
Military Personnel, Air Force............................. $206,000 $206,000 0
Personnel Readiness................................... (206,000) (206,000) (0)
----------------------------------------------------------------------------------------------------------------
Operation and Maintenance
The supplemental request included $923,500,000 for
functions funded in title II, Operation and Maintenance, of the
Department of Defense Appropriations Act. The Committee
recommends $1,092,225,000. The following table summarizes the
requested amounts and the Committee recommendations.
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Committee
Program Request recommendation Change
----------------------------------------------------------------------------------------------------------------
Operation and Maintenance, Army........................... $107,000 $226,000 +119,000
C3I Classified........................................ (101,800) (103,800) (+2,000)
C3I Site R............................................ (5,200) (5,200) (0)
Overseas Contingency Operations....................... (0) (117,000) (+117,000)
Operation and Maintenance, Navy........................... 36,500 53,750 +17,250
C3I Classified........................................ (36,500) (53,750) (+17,250)
Operation and Maintenance, Air Force...................... 41,000 60,500 +19,500
C3I Classified........................................ (32,000) (51,500) (+19,500)
Weapons and Munitions--UAV............................ (9,000) (9,000) (0)
Operation and Maintenance, Defense-Wide................... 739,000 751,975 +12,975
C3I Classified........................................ (283,600) (296,575) (+12,975)
C3I Homeland Security IT.............................. (32,000) (32,000) (0)
C3I White House Communications........................ (3,400) (3,400) (0)
C3I Coalition Support................................. (420,000) (420,000) (0)
----------------------------------------------------------------------------------------------------------------
defense emergency response fund
The supplemental request included $11,300,000,000 for
incremental costs of military operations and mobilization to
conduct the global war on terrorism. The Committee recommends
$12,693,972,000. The following table summarizes the requested
amounts and the Committee recommendations.
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Committee
Program Request recommendation Change
----------------------------------------------------------------------------------------------------------------
Army...................................................... $3,550,700 $4,112,700 +562,000
Military Operations................................... (2,161,000) (2,326,000) (+165,000)
Mobilization.......................................... (1,389,700) (1,786,700) (+397,000)
Navy...................................................... 2,240,200 2,633,200 +393,000
Military Operations................................... (1,826,000) (2,002,000) (+176,000)
Mobilization.......................................... (414,200) (631,200) (+217,000)
Marine Corps.............................................. 257,800 261,800 +4,000
Military Operations................................... (51,000) (51,000) (0)
Mobilization.......................................... (206,800) (210,800) (+4,000)
Air Force................................................. 3,795,500 4,130,572 +335,072
Military Operations................................... (1,947,000) (2,110,072) (+163,072)
Mobilization.......................................... (1,848,500) (2,020,500) (+172,000)
Defense-Wide.............................................. 1,455,800 1,555,700 +99,900
Military Operations/Classified Activities............. (1,212,000) (1,311,900) (+99,900)
Mobilization (Defense Health Program)................. (243,800) (243,800) (0)
----------------------------------------------------------------------------------------------------------------
transfer to procurement accounts
The Committee has included language in the accompanying
bill which allows the Secretary of Defense to transfer funds
from the DERF to procurement accounts of the Department of
Defense. The Committee directs that the funds transferred to
procurement accounts shall be used only for the purpose of
acquiring repair parts and components, including kits,
assemblies and subassemblies, and interceptor body armor
including small arms protective insert plates and outer
tactical vests.
army operations and mobilization
Supplemental funding of $4,112,700,000 is recommended for
the Army in the DERF account. The recommendation is an increase
of $562,000,000 above the amount requested and includes an
additional $165,000,000 for military operations (training,
spares and base operations) and an additional $397,000,000 only
for mobilization costs. The Committee directs that $20,000,000
of the funds provided to the Army in the DERF be available only
to accelerate fielding of next generation protective body armor
to U.S. forces in high-risk locations. Experience in
Afghanistan has already shown that the new Interceptor body
armor provides soldiers far greater protection than the
standard "flak vest", especially against high velocity
rounds. The Committee expects these funds to provide 12,000
sets of Small Arms Protective Insert Plates ($13,000,000) and
9,434 sets of Outer Tactical Vests ($7,000,000).
navy operations and mobilization
Supplemental funding of $2,633,200,000 is recommended for
the Navy in the DERF account. The recommendation is an increase
of $393,000,000 above the amount requested and includes an
additional $176,000,000 for military operations (training,
spares and depot maintenance), of which $2,000,000 is available
for NASNI facility renovation project #18-99, and an additional
$217,000,000 only for mobilization costs.
marine corps operations and mobilization
Supplemental funding of $261,800,000 is recommended for the
Marine Corps in the DERF account. The recommendation is an
increase of $4,000,000 above the amount requested only for
additional mobilization costs.
air force operations and mobilization
Supplemental funding of $4,130,572,000 is recommended for
the Air Force in the DERF account. The recommendation is an
increase of $335,072,000 above the amount requested and
includes an additional $163,072,000 for military operations
(base operations and depot maintenance), of which $1,500,000 is
available for NAIC's TRV project, and $7,000,000 is available
only for Predator B flying hours, testing and related costs,
and an additional $172,000,000 only for mobilization costs.
Defense-wide operations and mobilization
Supplemental funding of $1,555,700,000 is recommended for
Special Operations Command and other Defense-Wide activities in
the DERF account. The recommendation includes an increase of
$100,000,000 above the amount requested, to support classified
programs (discussed in the classified annex to this report), as
well as transfer authority for these activities; and a
reduction of $100,000 to the budget request for administrative
activities of the Department of Defense.
defense force protection requirements
The Committee notes that even though billions of dollars
have been appropriated to enhance force protection capabilities
around the world over the last several years, there continues
to be a large and growing number of unfunded force protection
needs as threat levels change and new circumstances arise. The
Committee needs to be assured that the Department of Defense is
developing its force protection requirements and setting its
force protection priorities according to a rigorous analysis
that is systematic, standardized, and site specific. The
Secretary of Defense is directed to submit a report to the
congressional defense committees within 45 days of enactment of
this Act that (1) describes in detail the process by which
force protection requirements are set and priorities are
determined by each service, and how priorities are determined
between the validated requirements of different services; (2)
breaks down the annual funds appropriated and obligated for
force protection improvements by service and by major project
category for fiscal years 1998-2002, and what funds are
programmed annually for fiscal years 2003-2008; (3) lists the
validated unfunded force protection requirements for each
military service for fiscal year 2003 and beyond; (4) breaks
down the number of AC/RC personnel that have been dedicated to
force protection for each fiscal year from 1998 through 2002 by
service and explains the PERSTEMPO impacts that current high
security workloads are having on the operational readiness and
quality of life for military personnel; (5) explains how
technology can be used to replace or augment manpower-intensive
security practices and how such practices are being
comprehensively and systematically analyzed to assess the
potential of replacing personnel with technological solutions.
Procurement
The supplemental request included $1,429,800,000 for
functions funded in title III, Procurement, of the Department
of Defense Appropriations Act. The Committee recommends
$1,454,265,000. The following table summarizes the requested
amounts and the Committee recommendations.
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Committee
Program Request recommendation Change
----------------------------------------------------------------------------------------------------------------
Other Procurement, Army................................... $79,200 $79,200 0
C3I Classified........................................ (10,400) (10,400) (0)
C3I Site R............................................ (68,800) (68,800) (0)
Aircraft Procurement, Navy................................ 22,800 22,800 0
C3I Classified........................................ (8,000) (8,000) (0)
C3I White House Communications........................ (14,800) (14,800) (0)
Procurement of Ammunition, Navy and Marine Corps.......... 262,000 262,000 0
Weapons and Munitions--JDAM........................... (262,000) (262,000) (0)
Other Procurement, Navy................................... 2,500 2,500 0
C3I Classified........................................ (2,500) (2,500) (0)
Procurement, Marine Corps................................. 3,500 3,500 0
C3I Classified........................................ (3,500) (3,500) (0)
Aircraft Procurement, Air Force........................... 93,000 129,500 +36,500
Weapons and Munitions--UAV............................ (93,000) (93,000) (0)
F-15 VHF Radios....................................... (0) (36,500) (+36,500)
Procurement of Ammunition, Air Force...................... 115,000 115,000 0
Weapons and Munitions--JDAM........................... (115,000) (115,000) (0)
Other Procurement, Air Force.............................. 752,300 735,340 -16,960
C3I Classified........................................ (752,300) (735,340) (-16,960)
Procurement, Defense-Wide................................. 99,500 104,425 +4,925
C3I Classified........................................ (46,900) (51,825) (+4,925)
C3I White House Communications........................ (14,800) (14,800) (0)
Weapons and Munitions--Task Force 160................. (12,800) (12,800) (0)
Weapons and Munitions--Non Standard Ammunition........ (6,400) (6,400) (0)
Weapons and Munitions--Standard Ammunition............ (1,000) (1,000) (0)
Weapons and Munitions--Helicopter Weapons............. (3,500) (3,500) (0)
Weapons and Munitions--APQ Radar Overheat Mitigation.. (3,300) (3,300) (0)
Weapons and Munitions--MH-60 Enhancement.............. (8,600) (8,600) (0)
Weapons and Munitions--CAS Suite...................... (2,200) (2,200) (0)
----------------------------------------------------------------------------------------------------------------
unmanned aerial vehicles (uavs)
The Emergency Supplemental request includes a total of
$125,000,000 for various unmanned aerial vehicle (UAV)
programs. The Committee has provided a total of $102,000,000 as
follows:
Aircraft Procurement, Air Force
1. Global Hawk High Altitude Endurance UAV:
Replacement of air vehicle and sensor suite..... $35,000,000
Backfill for cameras P1 and P2.................. 13,000,000
2. Predator Medium Altitude UAV:
Accelerate air vehicle production, support
weaponization................................. 45,000,000
Operation and Maintenance, Air Force
Predator Medium Altitude UAV:
Contractor logistics support, spares, equipment. 9,000,000
The Committee does not agree to provide the $23,000,000 in
Research, Development, Test and Evaluation funds as requested
for the high band subsystem SIGINT requirements for the Global
Hawk.
The Committee is not opposed to this effort, it is simply
opposed to accommodating the requirement in this supplemental.
In fact, in its March 8, 2002 letter to the Secretary of the
Air Force, the Committee stressed its support for the high band
subsystem SIGINT requirement by directing that it be
accommodated with funds remaining subsequent to the acquisition
of an RC-135 acquired with appropriations made available in a
previous supplemental. The Committee remains convinced this is
the best method of accommodating this requirement.
Research, Development, Test and Evaluation
The supplemental request included $162,700,000 for
functions funded in title IV, Research, Development, Test and
Evaluation, of the Department of Defense Appropriations Act.
The Committee recommends $189,000,000. The following table
summarizes the requested amounts and the Committee
recommendations.
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Committee
Program Request recommendation Change
----------------------------------------------------------------------------------------------------------------
Research, Development, Test and Evaluation, Army.......... $8,200 $8,200 0
Weapons and Munitions--Hemostatic Dressing............ (8,200) (8,200) (0)
Research, Development, Test and Evaluation, Navy.......... 19,000 9,000 -10,000
C3I Classified........................................ (10,000) (0) (-10,000)
C3I White House Communications........................ (9,000) (9,000) (0)
Research, Development, Test and Evaluation, Air Force..... 60,800 99,800 39,000
C3I Classified........................................ (37,800) (99,800) (+62,000)
Weapons and Munitions-UAV............................. (23,000) (0) (-23,000)
Research, Development, Test and Evaluation, Defense-Wide.. 74,700 72,000 -2,700
C3I Classified........................................ (74,700) (52,000) (-22,700)
Remote CB Agent Vapor Detection System................ (0) (20,000) (+20,000)
----------------------------------------------------------------------------------------------------------------
remote chemical and biological agent vapor detection system
The Committee is aware that the Department has initiated
testing to employ commonly used radars in the detection of
chemical and biological agents. Early results of the testing
indicate this remote chemical and biological agent vapor
detection system used in conjunction with Doppler radar sites
has the potential to provide a rapid chemical and biological
defense umbrella for the nation. The Committee has provided
$20,000,000 above the budget request to further pursue this
initiative. The Committee directs the Undersecretary of Defense
for Acquisition, Technology and Logistics to submit to the
congressional defense committees within 45 days of enactment of
this Act, a program plan to accelerate the development,
testing, training and deployment of this system at 153 existing
Doppler radar sites of the National Weather Service and the
Federal Aviation Administration. The plan shall include a
budget profile for fiscal year 2002 and fiscal year 2003
including the use of these funds for software development,
installation of a new monitoring system, training of operators,
and continuing operations, and be coordinated on an expedited
basis with the FAA, NOAA, Coast Guard, EPA, and the NWS to
ensure successful implementation.
crusader next generation artillery system
The Committee has received testimony from three Secretaries
of Defense, three Secretaries of the Army and three Army Chiefs
of Staff as to the importance of the Crusader Next Generation
Artillery System in protecting American troops in battle.
In light of the recently announced plans of the Secretary
of Defense, to completely change direction on this program, the
Committee believes that further review is essential before it
can make an informed and definitive judgment. The Committee
therefore directs that the Secretary of Defense shall take no
action that would precipitously stop work on the Crusader
program until Congress has made a definitive judgment in
legislation on the future of the program.
Further, the Committee directs the Secretary to submit a
report to Congress no later than June 15, 2002, which shall lay
out and assess a recommended alternative to the Crusader
program that will provide equal or better combat capability
compared to the Crusader howitzer at the same or less cost and
within the same timeframe as the existing plan for the Crusader
program, as measured by:
(1) flexibility and responsiveness of fires;
(2) continuous, accurate and sustained rates of fire
and rates of kill in all weather conditions;
(3) employment in proximity to friendly forces to
support close combat (less than one kilometer);
(4) resupply and sustainability;
(5) cost of munitions;
(6) force structure supportability;
(7) mobility to fully meet tactical requirements of
the counter-attack corps;
(8) system and crew survivability;
(9) lethality to destroy, isolate, fix and suppress
enemy forces; and
(10) networked fires to link and process
intelligence, surveillance and reconnaissance (ISR),
command and control (C2), fires and logistics data in
real time.
The Committee also directs the Chief of Staff of the Army
to submit a separate detailed written analysis of alternatives
to the Crusader based on the same criteria by June 15, 2002.
CLASSIFIED PROGRAMS
The Committee's recommendations regarding classified
programs are summarized in a classified annex accompanying this
report.
General Provisions--This Chapter
Section 301 of the Committee bill includes a general
provision requested in the supplemental request which would
include language to "Research, Development, Test and
Evaluation, Navy" to permit funds be used for the Special
Operations Forces requirements related to the V-22.
Section 302 of the Committee bill amends a general
provision requested in the supplemental request concerning
obligation of funds in the Defense Cooperation Account to be
transferred, following prior notification to the congressional
defense committees, to other appropriations accounts.
Section 303 of the Committee bill amends a general
provision requested in the supplemental request which allows
the President to waive certain certification requirements
required in the Cooperative Threat Reduction Act and the
Freedom Support Act.
Section 304 of the Committee bill includes a general
provision requested in the supplemental request concerning
funds for intelligence related programs.
Section 305 of the Committee bill amends a general
provision requested in the supplemental to change the deadline
for submitting a request for multiple reprogrammings to the
Congress.
Section 306 of the Committee bill includes a general
provision requested in the supplemental request which makes
funds available in "Chemical Agents and Munitions Destruction,
Army" available for the payment of costs for international
inspectors.
Section 307 of the Committee bill amends a general
provision requested in the supplemental request which allows
broader authority to the Department of Defense for assistance
to Colombia.
Section 308 of the Committee bill includes a new general
provision which provides $93,000,000 to acquire three MH-47
helicopters for the Special Operations Command. The Committee
is aware that there is an urgent need for a total of nine
additional MH-47s to support current mission requirements. The
Committee has been advised that three CH-47D helicopters are
being purchased and modified to the MH-47 configuration with
Defense Emergency Response Funds previously provided by the
Committee, and that the funding provided in this bill will
allow for the purchase and modification of an additional three
helicopters. The Committee directs the Secretary of Defense to
provide a report to the congressional defense committees
outlining the Department's plans to acquire additional MH-47
helicopters to meet these urgent requirements not later than 30
days after enactment of this act.
Section 309 of the Committee bill includes a new general
provision which provides $100,000,000 to accelerate chemical
agent destruction programs.
Section 310 of the Committee bill includes a new general
provision which rescinds $29,000,000 of prior year
appropriations in "Other Procurement, Air Force, 2001/2003"
and $30,000,000 in "Procurement, Defense-Wide, 2002/2004."
Section 311 of the Committee bill includes a new general
provision which states that Section 2533a of title 10 does not
apply to Section 8159 of Public Law 107-117.
Section 312 of the Committee bill amends a general
provision requested in the supplemental request, and provides
authority for the Secretary of Defense to use funds available
in the "Defense Emergency Response Fund" to reimburse
cooperating nations for logistical and military support
provided to the United States military in connection with the
war on terrorism.
As provided for in section 312, "goods and services"
includes the provision to U.S. forces of items such as
petroleum, oil and lubricants, ground transportation, airlift,
base operations support, spares and components replenishment,
repair and maintenance, communications and communications
services, ammunition, special rations food, special climate
clothing, and surveillance and intelligence support.
The Administration's supplemental request proposed a new
general provision to amend Section 8052(b) of the Department to
Defense Appropriations Act for fiscal year 2002, which
prohibits the establishment of a field operating agency except
in cases where the Secretary of Defense certifies that granting
a waiver to establish a field operating agency will result in
reduced personnel or financial requirements for the Department.
The Administration proposed adding a third waiver provision,
the intent of which was to permit the establishment of a new
field operating agency, the Pentagon Force Protection Agency
(PFPA) in fiscal year 2002, with the goal of providing enhanced
security of defense facilities and personnel in the National
Capital Region, in particular the Pentagon Reservation. The
security is currently provided by the Washington Headquarters
Services, as augmented by military police units of the Reserves
and National Guard.
The Committee bill does not include the requested general
provision. The Committee wants to ensure that the direction
taken to enhance security for defense facilities and personnel
in the National Capital Region, including the Pentagon
Reservation is based upon a thorough analysis that is carefully
crafted, executed and reviewed. The Committee directs the
Secretary of Defense to submit a report to the congressional
defense committees within 30 days of enactment of this Act, on
the cost, necessity, and expected benefits of establishing the
Pentagon Force Protection Agency. The Committee expects this
report to include a description of how a new organization would
operate compared to the operations currently managed by the
Washington Headquarters Services, why this organization would
be expected to provide better security protection than under
the previous management structure, a comparison of civilian and
military personnel assigned to security services under the old
and new structures, a comparison of total costs under the old
and new structures for providing security in the national
capital region for fiscal years 2001 and 2002, and expected
annual costs for 2003-2008 by service and by major expense
category, and a description of technology upgrades that have
been or will be employed to reduce overall personnel costs and
improve security.
CHAPTER 4
DISTRICT OF COLUMBIA
District of Columbia Funds
Operating Expenses
Division of Expenses
Governmental Direction and Support
The Committee amends language contained in the District of
Columbia Appropriations Act, 2002 to allow the funds provided
to the Office of the Corporation Counsel to be used to support
attorney compensation consistent with performance measures
contained in a negotiated collective bargaining agreement.
Public Education System
(Rescission)
The Committee rescinds $37,000,000 of the Public Charter
School surplus. This surplus resulted from a lower than
projected student enrollment and will be used to address
shortfalls in the Child and Family Services Agency and the
Department of Mental Health.
Human Support Services
From funds rescinded under the public education system, the
Committee recommends $11,000,000 for the Child and Family
Services Agency to address increased adoption case rates,
higher case loads for adoption, and emergency group home
utilization and $26,000,000 for the Department of Mental Health
to address a Medicaid revenue shortfall.
Repayment of Loans and Interest
(Rescission)
The Committee rescinds $7,950,000 from repayment of loans
and interest. This funding is available due to lower interest
rates and borrowing.
Certificates of Participation
From funds rescinded under repayment of loans and interest,
the Committee recommends $7,950,000 to be used for certificates
of participation.
Administrative Provision
The Committee amends language contained in the District of
Columbia Appropriations Act, 2002 to allow grants to be
delivered after 14 calendar days of receipt by Council (barring
no written notice of disapproval by a Council member) instead
of requiring Council to pass a law to approve every grant
notification submitted for approval.
General Provisions--This Chapter
Sec. 401. The Committee includes a provision to allow the
District of Columbia to use up to 1 percent of the funds
appropriated to the District of Columbia under the Department
of Defense and Emergency Supplemental Appropriations for
Recovery From and Response to Terrorist Attacks on the United
States Act, 2002 to fund the administrative costs that are
needed to fulfill the purposes of that Act.
Sec. 402. The Committee amends language contained in the
District of Columbia Appropriations Act, 2002 to clarify that
the DC Courts are allowed to transfer 50 percent of the fund
balance from the Crime Victims Compensation Fund to the
District's newly established Crime Victims Fund for outreach
activities.
Sec. 403. The Committee includes a provision to allow any
funds not required to meet the seven percent cash reserve
balance to be used to address potential deficits in addition to
Pay-As-You-Go Capital Funds.
CHAPTER 5
DEPARTMENT OF DEFENSE--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
Operation and Maintenance, General
The Committee has provided $128,400,000 for the Corps of
Engineers to continue to undertake security improvements at its
facilities. The funds will be used for continuing assessments
of security requirements, the implementation of Department of
the Army force protection standards at critical infrastructure
projects and other facilities, and for increased requirements
under the Corps' National Emergency Preparedness Program. The
Committee has also included language which would permit these
funds and funds appropriated under Public Law 107-117 to be
used at any facility owned or operated by, or on behalf of, the
Corps of Engineers, including administrative buildings and
facilities. The entire amount has been designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
The availability of these funds is contingent on receipt of
a budget request from the President designating the requested
funds as an emergency requirement pursuant to the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
DEPARTMENT OF ENERGY
Energy Programs
Science
The Committee has provided an additional $29,000,000 for
the Office of Science to enhance safeguards and security at DOE
Science laboratories. These funds are to be used to provide
additional physical and cyber security to protect vulnerable
facilities, materials, and information. The Administration's
supplemental request included no additional funds for this
activity.
The availability of these funds is contingent on receipt of
a budget request from the President designating the requested
funds as an emergency requirement pursuant to the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
National Nuclear Security Administration
Weapons Activities
The Committee has provided an additional $125,400,000 for
Weapons Activities, an increase of $106,000,000 over the budget
request. The recommendation includes the budget request of
$19,400,000 for nuclear weapons incident response and emergency
response activities.
Additional funding of $18,000,000 has been provided for
secure transportation of nuclear weapons and nuclear materials.
Additional funding of $88,000,000 has been provided for
increased safeguards and security needs at the Department's
nuclear weapons facilities in fiscal year 2002. Of this
funding, a minimum of $15,000,000 is provided for the Pantex
Plant in Texas and $30,000,000 for the Y-12 Plant in Tennessee.
Funding of $19,400,000 has been designated by the President
as an emergency requirement pursuant to the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended. The
availability of the remaining $106,000,000 is contingent on
receipt of a budget request from the President designating the
entire amount as an emergency requirement pursuant to the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
defense nuclear nonproliferation
The Committee has provided an additional $5,000,000 for
Defense Nuclear Nonproliferation to enhance international
safeguards activities. The Administration's supplemental budget
request included no additional funds for these activities. In
addition to the new funding of $5,000,000, the Committee
directs the Department to provide an additional $10,000,000
from within available funds for international safeguards
activities. The $10,000,000 includes $6,000,000 to be derived
from funds appropriated in fiscal year 2001 to construct a
civilian spent nuclear fuel storage facility which has been
cancelled and $4,000,000 from unobligated balances in the
defense nuclear nonproliferation program.
An important complement to the United States campaign
against nuclear proliferation and nuclear terrorism is the
International Atomic Energy Agency's (IAEA) role in
establishing nuclear safeguards to protect non-Russian
plutonium and uranium in facilities around the world. The
Department of Energy plans to expand its support to IAEA
nuclear material security programs. To expedite this effort,
the Committee has provided a total of $15,000,000. Funding of
$6,000,000 is provided for the U.S.-DPRK Agreed Framework;
$4,000,000 is provided for additional IAEA safeguards and
nonproliferation policy support for specific countries under
safeguards; and $5,000,000 is provided for nuclear materials
security programs in IAEA member countries.
The Committee directs that within fifteen days of enactment
of this Act, the Deputy Administrator for Defense Nuclear
Nonproliferation shall submit a report to the Armed Services
and Appropriations Committees of Congress to indicate which
nuclear non-proliferation programs were reduced to implement
this direction and by what amounts.
The total of $15,000,000 provided above for International
Safeguards, plus the amount appropriated by Congress in the
Energy and Water Development Appropriations Act for fiscal year
2002 for International Safeguards, is hereby designated to be
of special Congressional interest. These funds may only be used
for International Safeguards and may not be reprogrammed to
other purposes. The Committee further directs the Secretary of
Energy to ensure that the additional funds provided in this
bill are obligated by September 30, 2002 for the specific
purposes identified by the Committee.
It is the Committee's intent that these additional funds be
used in a manner that provides demonstrable near-term results
in improving global security of nuclear materials. To that end,
until further notice, the Committee directs the Deputy
Administrator for Defense Nuclear Nonproliferation to submit a
monthly report to the Armed Services and Appropriations
Committees of Congress on the status of these funds, the
specific activities initiated, and the status of each activity
until completed.
The availability of these funds is contingent on receipt of
a budget request from the President designating the requested
funds as an emergency requirement pursuant to the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
Environmental and Other Defense Activities
Defense Environmental Restoration and Waste Management
The Committee has provided an additional $67,000,000 for
Defense Environmental Restoration and Waste Management to
enhance safeguards and security at several Department of Energy
environmental management cleanup sites. These funds are to be
used to provide additional physical and cyber security to
protect vulnerable facilities, materials, and information. The
Administration's supplemental budget request included no
additional funds for these activities.
The availability of these funds is contingent on receipt of
a budget request from the President designating the requested
funds as an emergency requirement pursuant to the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
Defense Facilities Closure Projects
The Committee has provided an additional $16,600,000 for
Defense Facilities Closure Projects to enhance safeguards and
security at several Department of Energy sites. These funds are
to be used to provide additional physical and cyber activity
security to protect vulnerable facilities, materials, and
information. The Administration's supplemental budget request
included no additional funds for these activities.
The availability of these funds is contingent on receipt of
a budget request from the President designating the requested
funds as an emergency requirement pursuant to the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
other defense activities
The Committee has provided an additional $7,000,000 for
Other Defense Activities for critical energy security and
assurance activities, the same as the budget request. Of these
funds, $4,200,000 is to fund vulnerability assessments of
critical energy infrastructure sites around the Nation;
$1,800,000 is to provide training for energy emergencies; and
$1,000,000 is for the program direction account to fund Federal
employees and related logistical support necessary to implement
critical energy assurance activities.
The entire amount has been designated by the President as
an emergency requirement pursuant to the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
CHAPTER 6
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
United States Agency for International Development
child survival and health programs fund
The Committee recommendation includes $200,000,000, to
remain available until December 30, 2002, for emergency
expenses for activities related to combating AIDS,
tuberculosis, and malaria. Bill language is also recommended
that provides that funds made available in this or prior Acts
under this heading and under the heading "Child Survival and
Disease Program Fund" for the Global Fund to Fight AIDS,
Tuberculosis, and Malaria shall not exceed 40 percent of the
total resources pledged by all donors to the Global Fund for
calendar year 2002. In addition, the entire amount is
designated by the Congress as an emergency requirement pursuant
to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, and shall be available
only to the extent an official budget request that includes
designation of the entire amount of the request as an emergency
requirement as defined in said Act is transmitted by the
President to the Congress.
international disaster assistance
The Committee is recommending $190,000,000 for
"International Disaster Assistance", rather than $40,000,000
as requested by the President. These funds include $150,000,000
for activities in Afghanistan and, if feasible, not to exceed
$40,000,000 in adjacent Federally Administered Tribal Areas
(FAA) in Pakistan. The President requested $40,000,000 for
projects in FATA under the heading "Economic Support Fund".
These funds would be available for obligation until September
30, 2003, and would become available for obligation only to the
extent an official budget request that includes designation of
the entire amount of the request as an emergency requirement as
defined in the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended, is transmitted by the President to the
Congress.
The Committee notes that in several appropriations
accounts, including "International Disaster Assistance", the
President's request specifies that supplemental funds would be
available for obligation until September 30, 2002. The only
exceptions are funds requested in several accounts for
assistance for Afghanistan. The Committee strongly supports the
programming and obligation of supplemental funds prior to the
end of the current fiscal year, and has only provided
flexibility in an effort to avoid the unintentional lapse of
funds due to events beyond the control of the implementing
agencies.
The funds for Pakistan had been requested under "Economic
Support Fund," to be administered by the Bureau of
International Narcotics and Law Enforcement Affairs. However,
the activities to be funded primarily include transportation
and communications infrastructure. These activities are more
appropriately administered by the United States Agency for
International Development.
afghanistan
The Committee recognizes that the situation in Afghanistan
is extremely fluid, and is providing additional reconstruction
assistance using the most flexible vehicle available, the
United States Agency for International Development's
International Disaster Assistance account.
The Committee is aware that the fundamental necessary
condition for full-scale implementation of our relief and
reconstruction effort is the restoration of basic security in
Afghanistan, for which funds are provided under other headings.
The Committee further recognizes that relief and reconstruction
in Afghanistan requires advancing on several programmatic
fronts simultaneously in order to overcome the effects of more
than two decades of war and inter-ethnic strife. Our efforts,
in the current context in Afghanistan, will require:
Continued food and other humanitarian relief
for the foreseeable future, certainly for at least the
coming year, to save lives and reduce human suffering;
Ongoing, focused support for the millions of
Afghans who have returned from refugee status or
internal displacement to reclaim their lives and lands,
and who will require sustained help to reintegrate into
their former communities;
Strategic investment in the rebuilding of
key parts of Afghanistan's infrastructure, especially
essential bridges and road segments, both to illustrate
a visible "peace dividend" and to provide the sinews
for economic revitalization;
Immediate revitalization of the agricultural
economy, which sustains 85 percent of the population,
and which can show the highest short-term return on
reconstruction investments;
Rehabilitation of the educational system,
with a special emphasis on girls education, will build
on the early successes in the spring "back to school"
campaign;
A significant investment in basic
healthcare, with an emphasis on maternal and child
health, both to improve living conditions, and to
contribute to economic recovery;
Direct support to rebuilding the capacity of
Afghanistan's governmental institutions, especially the
ministries of the Afghan Interim Authority and the
future Transitional Administration, which have been
destroyed by conflict and misuse, as well as the
capacity of non-governmental public institutions; and,
Changes to legal regimes and policy
frameworks, and fiscal and monetary policy reforms, to
stimulate both domestic and foreign private investment,
without which long-term economic recovery will not be
sustainable.
As security and other conditions allow for the extension of
relief and reconstruction activities, the Committee continues
to urge that special attention be given, in all of the
activities outlined above, to the role of women in the
rebuilding of Afghanistan. The Committee continues to believe
that women, in addition to having suffered greatly during the
past 23-year conflict, constitute the greatest underutilized
asset in Afghanistan. The range of activities that focus on
healthcare for women, microcredit and other entrepreneurial
activities, income generating opportunities for vulnerable
women, education, and full participation should be expanded
with the additional funds provided herein. Moreover, the impact
on women of all relief and reconstruction activities funded
herein, and the role of women in those activities, should be an
essential part of program design and implementation. The
Committee believes that the newly formed Ministry of Women's
Affairs can serve as a vital focal point for support to Afghan
women, and urges priority support for the Ministry and its
legal advocacy, education, and vocational training programs.
The work of the Ministry is critical to the rebuilding of a
peaceful, democratic Afghanistan in which women and girls have
full rights.
The Committee recognizes that the uncertain security
environment in Afghanistan will continue to place practical
limitations on activities in fiscal year 2002, and perhaps into
the future. Without diminishing these legitimate security
concerns, the Committee expects that the United States Agency
for International Development and other agencies engaged in
essential relief and reconstruction activities will, with due
regard for the personal safety of its personnel, create and
maintain a sufficiently robust program platform in Kabul and
outlying regions of Afghanistan to permit program development
and execution to proceed as rapidly as possible. An improved
security situation both in Kabul and outlying areas would
enable private humanitarian and development organizations, as
well as officials, to more safely expand and continue their
work, and to enhance the ability of the Transitional Authority
to govern.
operating expenses of the united states agency for international
development
The Committee is recommending $7,000,000 for "Operating
Expenses of the United States Agency for International
Development", as requested. These funds would be used to
implement programs recommended elsewhere in this chapter, and
for security costs in Afghanistan and Pakistan.
Other Bilateral Economic Assistance
economic support fund
The Committee is recommending $460,000,000 for "Economic
Support Fund", to remain available until September 30, 2003.
Funds appropriated under this heading, and funds
appropriated under this heading in prior Acts that are made
available for the purposes of this paragraph, may be made
available notwithstanding section 512 of the Foreign
Operations, Export Financing, and Related Programs
Appropriations Act, 2002 or any similar provision of law. The
President's budget request had included a provision to make
these funds available notwithstanding any other provision of
law. However, the Committee is reluctant to provide such a
sweeping waiver of existing law without adequate justification.
According to information obtained during a hearing on April 18,
2002, with the Deputy Secretary of State, the major impediment
to the obligation of funds under this account is the so-called
"Brooke amendment", which prohibits assistance to countries
that are not current in debt payments to the United States.
Therefore the waiver included in the Committee recommendation
specifically cites this provision and any similar provision of
law.
The Committee recommendation does not include $25,000,000
of the $50,000,000 requested for the Middle East Economic
Initiative (MEEI). While the Committee strongly supports the
goals of this program, it notes that $5,140,200,000 has been
allocated during fiscal year 2002 for programs in the Middle
East. It expects that much of this funding should be made
available for maximizing economic and educational opportunity,
strengthening civil society and the rule of law, and providing
support for necessary economic policy, as provided for under
the proposed new initiative. In addition, there is no
indication that follow-on funds will be made available for this
initiative in fiscal year 2003. While the Committee would
support the use of a portion of these funds for pilot programs
in the region, it is recommending that $25,000,000 be made
available for urgent needs in Afghanistan under "International
Disaster Assistance". Within the $25,000,000 remaining for
this initiative, the Committee strongly supports the funding of
additional scholarships for foreign students at American
educational institutions in the Middle East, including
scholarships for students from central Asia. In addition, to
the extent that funds are programmed for promoting a fair and
free media, emphasis should be placed on countering erroneous
and negative press about the United States and our allies.
In addition, the Committee is recommending that $40,000,000
requested in this account for support for tribal areas in
Pakistan be provided under "International Disaster
Assistance", to be administered by the United States Agency
for International Development. To the extent that such funds
cannot be programmed in Pakistan, they should be made available
for additional reconstruction assistance in Afghanistan.
The Committee recommendation includes an additional
$250,000,000 for "Economic Support Fund", to remain available
until September 30, 2003. Of these funds, $200,000,000 shall be
made available for assistance for Israel for activities
relating to combating international terrorism. In addition,
$50,000,000 shall be transferred to "International Disaster
Assistance" to be made available for humanitarian and refugee
assistance for the West Bank and Gaza. None of the funds
provided for the West Bank and Gaza shall be available for
assistance for the Palestinian Authority. The entire amount is
designated by the Congress as an emergency requirement pursuant
to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, and shall be available only to the
extent an official budget request that includes designation of
the entire amount of the request as an emergency requirement as
defined in the Balanced Budget and Emergency Deficit Control
Act of 1985, is transmitted by the President to the Congress.
activities of the national endowment for democracy in venezuela
The Committee is aware of concerns regarding recent
activities supported by the National Endowment for Democracy in
Venezuela. The Committee understands that the State Department
Office of Inspector General (OIG) is currently conducting a
comprehensive review of those activities. The Committee directs
the OIG to submit a report on the findings of this review to
the Committee by July 31, 2002. The Committee strongly
encourages the State Department to withhold transfer of any
funds from the Economic Support Fund to NED for activities in
Venezuela until this report has been received by Congress.
assistance for the independent states of the former soviet union
The Committee is recommending $110,000,000 for "Assistance
for the Independent States of the Former Soviet Union", as
requested. These funds would remain available for obligation
until September 30, 2003.
Department of State
international narcotics control and law enforcement
The Committee is recommending $120,000,000 for
"International Narcotics Control and Law Enforcement". These
funds would remain available for obligation until September 30,
2003.
The Committee strongly supports the request of $25,000,000
for assistance to Mexico in order to improve border
infrastructure and security. The assistance will also be of
direct benefit to the southwest border region of the United
States. In programming such assistance, the Committee strongly
encourages the Department of State to consult closely with U.S.
communities along the southwest border and, prior to obligating
the funds, provide the Committee a detailed expenditure plan to
ensure strong accountability of this funding. In addition,
while the request specifies that additional infrastructure will
be targeted at high-volume ports of entry, the budget
justification neglects to mention the border crossings near
Nogales and Douglas, Arizona. The Committee strongly supports
funding of improvements at these important ports of entry to
improve border security and reduce illegal immigration and drug
smuggling, improve health care opportunities for border
residents and reduce the need for Mexicans to enter the U.S.
for medical attention, and reduce wait times at the ports of
entry.
The Committee recognizes the troubling situation facing
many internally displaced persons (IDPs) in Colombia. It is the
Committee's understanding that the number of IDPs is
multiplying as the civilian population bears much of the burden
of the civil strife. Therefore the Committee recommends that
out of the funds appropriated under this or other appropriate
headings in this chapter, up to $10,000,000 be made available
to the State Department for emergency IDP needs.
Additionally, the Committee is concerned that the
sustainment and maintenance costs of the C-130 transport planes
for counterdrug aviation operations are not being funded.
Therefore the Committee recommends up to $10,000,000 from funds
appropriated under this heading should be made available for
these purposes.
The funds requested for U.S. assistance for Colombia for
training and equipping Colombian Quick Reaction Forces as part
of the Colombian Government's Infrastructure Protection program
are included under this heading.
migration and refugee assistance
The Committee is recommending $10,000,000 for "Migration
and Refugee Assistance" for emergency expenses for activities
related to refugee assistance in and around Afghanistan, to
remain available until September 30, 2003. The entire amount is
designated by the Congress as an emergency requirement pursuant
to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, and shall be available only to the
extent an official budget request that includes designation of
the entire amount of the request as an emergency requirement as
defined in the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended, is transmitted by the President to the
Congress. The Committee is very concerned that adequate
resources are not available to handle refugee assistance and
resettlement activities in Afghanistan, and is recommending
these funds to respond to these emergency needs.
nonproliferation, anti-terrorism, demining and related programs
The Committee is recommending $83,000,000 for
"Nonproliferation, Anti-Terrorism, Demining and Related
Programs", as requested. These funds would remain available
for obligation until September 30, 2003. Prior to the
obligation of the $20,000,000 requested for Antiterrorism
Assistance Mobile Emergency Training Teams, the Committee
requests that the Department of State inform the Committees on
Appropriations of the amount of such funds that would be made
available for administrative costs.
MILITARY ASSISTANCE
Funds Appropriated to the President
foreign military financing program
The Committee is recommending $366,500,000 for "Foreign
Military Financing Program". Funds appropriated under this
heading, and funds appropriated under this heading in prior
Acts that are made available for the purposes of this
paragraph, may be made available notwithstanding section 512 of
the Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2002 or any similar provision of law. In
addition, the Committee has included language to provide the
Department of Defense with the authority to use $2,000,000
requested by the President for the general costs of
administering overseas military assistance programs. The
Committee has recommended a $6,000,000 reduction in the
President's request for Foreign Military Financing. These funds
are requested as part of the U.S. assistance for Colombia for
training and equipping Colombian Quick Reaction Forces as part
of the Colombian Government's Infrastructure Protection
program. The Committee includes these funds under the heading
"International Narcotics Control and Law Enforcement".
peacekeeping operations
The Committee is recommending $20,000,000 for
"Peacekeeping Operations," to remain available until
September 30, 2003. Funds appropriated under this heading, and
funds appropriated under this heading in prior Acts that are
made available for the purposes of this paragraph, may be made
available notwithstanding section 512 of the Foreign
Operations, Export Financing, and Related Programs
Appropriations Act, 2002 or any similar provision of law.
The Committee recommendation does not include $8,000,000
requested for the training and equipping of a domestic
peacekeeping force for Indonesia. The Committee strongly
supports appropriate programs to support internal
counterterrorism activities by the Government of Indonesia.
However, $8,000,000 for this purpose has been requested, and is
being recommended, under "Nonproliferation, Anti-terrorism,
Demining and Related Programs" and is limited to law
enforcement agencies. The request for funding under
"Peacekeeping Operations" would have included training and
equipping of Indonesian military units for internal security
activities.
MULTILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
special payments to the international financial institutions
(rescission)
The Committee recommendation provides that the unobligated
balances of funds provided in Public Law 92-301 and Public Law
93-142 for maintenance of value payments to international
financial institutions are rescinded. The President's request
specified that $157,000,000 in unobligated funds would be
canceled; however, the Committee is aware that $159,000,000 is
available for rescission and has so recommended.
General Provisions--This Chapter
Under Section 601, the Committee recommendation includes
language that provides that fiscal year 2002 funds and
unexpired balances and assistance previously provided from
prior years' Acts shall be available to support a unified
campaign against narcotics trafficking, activities by
designated terrorist organizations, and activities threatening
human health and welfare.
The new authorities provided are intended to be used
against terrorist organizations identified through the State
Department's processes. However, the Committee recognizes that
in certain emergency situation, such as kidnappings, the use of
United States assets may be required before the affiliation of
the perpetrators has been determined.
The Committee expects this authority will be continued in
fiscal year 2003 unless the new government of Colombia fails to
commit itself to the counterdrug and security policies of the
Pastrana administration. The Committee also notes that these
authorities will continue to be in effect in the event a
continuing resolution is necessary for a portion of 2003.
The notwithstanding authority requested by the President is
not included because the Committee has determined it is not
needed in 2002 and prior years under the current circumstances.
If future events bring about the need for such notwithstanding
authority, the Committee expects the Administration to consult
with the Committee at that time.
The Committee recommendation does not include two general
provisions requested by the President that would have
authorized the use of certain funds appropriated to the
Department of Defense to support foreign nations and indigenous
forces by providing defense articles, services, and training.
The primary responsibility of the Secretary of State for
foreign assistance, and in particular military assistance, is
well established. Existing provisions of law under the Foreign
Assistance Act, the Arms Export Control Act, and annual acts
making appropriations for foreign operations, export financing,
and related programs, already provide sufficient authority for
the purposes identified in the President's request.
Under section 602, the Committee is recommending that a
total of $60,000,000 be rescinded from funds appropriated under
the headings "Development Assistance" and "Economic Support
Fund" in title II of the Foreign Operations, Export Financing,
and Related Programs Appropriations Act, 2000 and in prior Acts
making appropriations for foreign operations, export financing,
and related programs.
Under section 603, the President shall transmit a report
within 30 days after the date of enactment of this Act to the
appropriate congressional committees on the United States
policy and strategy to assist Colombia as well as to achieve a
robust security environment in the Andean region. The report
shall address the key objects of United States assistance to
the Government of Colombia, the actions required by the United
States to support and achieve those objectives, as well as a
time schedule and cost estimates for implementing such actions,
the role of the United States in the efforts of the Government
of Colombia to provide security within the country, and how the
strategy regarding Colombia relates to an affects the strategy
of the United States.
Under sections 604 and 605, the Committee requires the
President to submit not later than July 31, 2002, his
determination whether the United Nations Population Fund
supports or participates in the management of a program of
coercive abortion or involuntary sterilization.
reporting and notifications
The Committee expects the Department of State and the
United States Agency for International Development will
implement programs, projects and activities recommended in this
chapter consistent with the budget justification material
submitted to the Congress, as modified by this recommendation.
Any proposed changes in funding for programs, projects, and
activities should be reported to the Committees on
Appropriations in conformance with regular notification
procedures. In addition, the Committee requests that the
Administration submit a financial plan regarding the use of
these funds within 30 days of the enactment of this Act.
CHAPTER 7
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
Management of Lands and Resources
The Committee recommends $658,000 for Management of Lands
and Resources, as an emergency contingent appropriation, to
repay unreimbursed law enforcement costs for security details
at the main Department of the Interior building in Washington,
DC.
United States Fish and Wildlife Service
Resource Management
The Committee recommends $1,443,000 for Resource
Management, as an emergency contingent appropriation, to repay
unreimbursed airport security detail overtime costs; to repay
unreimbursed law enforcement costs for security detail overtime
costs; to repay unreimbursed law enforcement costs for security
details at the main Department of the Interior building in
Washington, DC; and to reimburse continuity of operations costs
at the National Conservation Training Center.
National Park Service
Operation of the National Park System
The Committee recommends $1,173,000 for Operation of the
National Park System, as an emergency contingent appropriation,
to repay unreimbursed law enforcement costs for security
details at the main Department of the Interior building in
Washington, DC.
Construction
The Committee recommends $19,300,000 for Construction, as
an emergency contingent appropriation, for a security screening
facility at the Washington Monument.
United States Geological Survey
Surveys, Investigations, and Research
The Committee recommends $25,700,000 for Surveys,
Investigations, and Research, as an emergency contingent
appropriation, for infrastructure mapping in 120 urban areas
across the United States.
Bureau of Indian Affairs
Operation of Indian Programs
(including rescission of funds)
The Committee recommends $134,000 for Operation of Indian
Programs, as an emergency contingent appropriation, to repay
unreimbursed law enforcement costs for security details at the
main Department of the Interior building in Washington, DC.
The Committee also recommends that $5,000,000 in previously
appropriated funds for electric power operations and related
activities at the San Carlos Irrigation Project be rescinded
and the balance be redirected to pay trust reform-related costs
associated with the ongoing Cobell litigation or other
litigation relevant to the management of Indian trust funds.
DEPARTMENTAL OFFICES
Departmental Management
Salaries and Expenses
The Committee recommends $905,000 for Salaries and
Expenses, as an emergency contingent appropriation, including
$785,000 for the Department of the Interior Office of Homeland
Security and $120,000 to repay unreimbursed law enforcement
costs for security details at the main Department of the
Interior building in Washington, DC.
RELATED AGENCY
Smithsonian Institution
salaries and expenses
The Committee recommends $11,000,000 for Salaries and
Expenses, as an emergency contingent appropriation, for
security improvements at Smithsonian facilities and for ongoing
security operations.
construction
The Committee recommends $2,000,000 for Construction, as an
emergency contingent appropriation, for Pod 5 planning and
design. This facility is critically needed to provide sensitive
materials storage.
General Provisions--This Chapter
Section 701 directs that previously appropriated emergency
funds, for wildland fire research activities and capital
improvement and maintenance of fire facilities, be released to
the Forest Service within 10 days of enactment of this Act.
Section 702 prohibits the use of funds, except funds
appropriated to the Office of Management and Budget, to study
the transfer of research activities from the Smithsonian
Institution to the National Science Foundation.
Section 703 provides authority to the U.S. Fish and
Wildlife Service to charge fees for services at Midway Atoll
National Wildlife Refuge and to use those receipts for non-
refuge specific needs. The airfield at Midway shut down at the
beginning of May 2002 when the cooperator that had been in
charge of operations there terminated its agreement with the
Service. This receipts authority will enable the Service to
continue airfield operations and other activities under new
cooperative arrangements without adversely impacting funding
for refuge operations.
Section 704 provides for reciprocal treatment of foreign
firefighters in this country and U.S. Federal firefighters on
official duty in foreign countries with respect to liability
issues.
Section 705 prohibits the Department of Defense from being
held responsible for civilian water consumption that is outside
the boundaries of a military installation and beyond the direct
authority and control of the Secretary of Defense for purpose
of the Endangered Species Act.
CHAPTER 8
DEPARTMENT OF LABOR
Employment and Training Services
training and employment services
The Committee recommends $300,000,000 to assist dislocated
workers, $450,000,000 less than the request. Of the total,
$190,000,000 is available for obligation through September 30,
2003. In addition, $110,000,000 is available for obligation
through June 30, 2002 for carrying out section 132(a)(2)(B) of
the Workforce Investment Act of 1998 (WIA).
The Committee recommends an additional $190,000,000 for
dislocated workers assistance, provided through National
Emergency Grants and targeted industry multi-state and multi-
service projects relating to the employment and training needs
of dislocated workers. These projects would target high-growth
sectors of the economy where worker shortages exist and involve
a partnership among business, the state workforce investment
system, the Department of Labor, and high-quality training
providers, including community colleges.
National Emergency Grants are flexible and enable the
Secretary of Labor to respond to State requests and target
funds where the need is greatest. NEGs provide Governors with
flexibility to quickly meet the needs of dislocated workers in
their particular states, including job training, reemployment
services, and support payments. Currently applications for
National Emergency Grants exceed available resources. The
supplemental funds recommended for National Emergency Grants
will meet immediate needs.
The Committee urges the Department of Labor to strongly
consider the request for renewal of the Fishing Industry
Retraining Project. The grant for this project should provide
the most flexibility possible in terms of the use of these
resources to help these workers and their families during the
transition to a restructured industry or new employment.
The Committee urges the Secretary of Labor to use funding
available through the dislocated worker provisions in the
Workforce Investment Act of 1998 to support projects to provide
reemployment and training services to airport security
screeners who are dislocated due to the requirements in P.L.
107-71. The Committee urges the Secretary to proceed
expeditiously, since P.L. 107-71 requires the Department of
Transportation to federalize airport security in one year from
the date of enactment on November 19, 2001.
The Committee recommendation does not include the request
of $40,000,000 for transfer to the Economic Adjustment Program
in the Department of Commerce.
The Committee has also included $110,000,000 to provide
grants to states and local areas for dislocated worker
assistance, authorized under section 132(a)(2)(B) of WIA. These
funds will restore the rescission that was included in Title
II, chapter 7 of P.L. 107-20. The Committee understands that
these funds are now needed as a result of the economic downturn
and concurrent increase in dislocated workers.
In the House Report on the FY 2002 Labor, Health and Human
Services, and Education Appropriations Bill, the Committee had
brought to the attention of the Secretary of Labor the critical
need for timely and accurate data in order to fulfill the
Committee's oversight responsibilities. While the Committee has
seen some improvement in the provision of materials relating to
Committee hearings, the Committee is most disappointed that the
Department of Labor has failed to respect other express
concerns, particularly in regard to numerous requests from
staff for information in support of the Administration's
request for emergency FY 2002 supplemental appropriations for
the Employment and Training Administration. In at least one
instance, the Department of Labor has refused to supply
information pertaining a portion of the Administration request.
The Committee directs the Secretary of Labor to take immediate
action to ensure that the Department of Labor is more
forthcoming in response to requests from the Congress for
information. As noted above, the Committee will not recommend
large expenditures of public funds without proper
justification.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
health resources and services
The Committee does not include the Administration's
proposal to cancel $20,000,000 of fiscal year 2002 funding for
the Community Access Program (CAP). The Committee intends that
new CAP grants be supported in fiscal year 2002.
The Committee makes the following corrections and
clarifications to P.L. 107-116 and the accompanying conference
report:
The Committee has inserted reference in the bill to title
IV of the Public Health Service Act to authorize the Health
Resources and Services Administration (HRSA) to carry out
Section 417C of the Public Health Service Act (42 U.S.C. 285a-
9). Funds appropriated in P.L. 107-116 are to be used for
grants for education, prevention, and early detection of
radiogenic cancers and diseases, of which $1,000,000 shall be
available to enter into a cooperative agreement with the
National Research Council under which the Council shall: (1)
provide technical assistance to HRSA and its grantees on
improving accessibility and quality of services and (2) report
to HRSA on the most recent scientific information related to
radiation exposure and associated cancers or other diseases,
with recommendations for improving services for exposed
persons.
The Committee has transferred $315,000 from the health
facilities construction and renovation account to the rural
health outreach grant program. These funds are to be used to
support the Children's Health Fund.
The Committee has transferred $2,000,000 from the rural
health research grant program to the health facilities
construction and renovation account. These funds are to be used
to support the Raleigh County, West Virginia County Commission
for an educational mall to serve as a coordinating and research
location for rural health initiatives, especially in preventive
medicine.
The Committee has transferred $2,000,000 from the
Telehealth grant program to the health facilities construction
and renovation account. These funds are to be used to support
the University of South Dakota School of Medicine.
The Committee has transferred $330,000 from the health
facilities construction and renovation account to the rural
health outreach grant program. These funds are to be used to
support the University of Northern Colorado Low-Incidence
Disabilities Center.
As a result of these transfers, the total funding for
health construction and renovation identified in the bill
increases from $311,978,000 to $315,333,000.
The Committee clarifies that the awardee for the National
Center for Health Care Informatics is St. James Health Care
rather than the University of Montana. The Committee also
clarifies that the awardee for the Center for Delta Health
project is Mississippi State University.
Centers for Disease Control and Prevention
disease control, research and training
The Committee appreciates the input CDC has solicited in
initiating the development of a health tracking network. The
Committee encourages the Director of CDC to assure that all of
the relevant centers, institutes, and offices within the agency
be included in the development, testing, and implementation of
this nationwide project.
The Committee encourages the Secretary of Health and Human
Services to work with organizations that offer an approved
proficiency testing program under seciton 353 of the Public
Health Service Act and consider the development of a
proficiency testing program for the identification of select
agents that may be used in a bioterrorism event.
The Committee has included $1,000,000 for the Centers for
Disease Control and Prevention, to be used to accelerate and
expand work related to prion diseases, a category which
includes Creutzfeld-Jakob Disease in humans and BSE, scrapie
and Chronic Wasting Disease in animals, among others. The
Committee has decided to supplement the funds currently
available at CDC for this work because recent cases in animal
populations lend increased urgency to improving understanding
of this group of diseases. While there are no known human cases
of Creutzfeld-Jakob disease resulting from consumption of
animal products in the United States, the Committee also
believes it prudent to take preventive steps to increase human
prion disease surveillance. These funds are to be used for
purposes such as providing financial and technical assistance
to state health departments to improve prion disease
surveillance, enhancing applied laboratory research on
diagnostic methods to assess transmission of prion diseases to
humans, and supporting CDC technical assistance.
National Institutes of Health
Office of the Director
The Committee is aware of the beneficial projects supported
by the Foundation for the National Institutes of Health and
recommends that NIH allocate up to $500,000 of the funds
appropriated for the Office of the Director to provide
administrative support for the Foundation.
Buildings and Facilities
(rescission)
The Committee proposes to rescind $30,000,000 of funding in
this account. The Administration had proposed to "cancel"
$30,000,000. The Committee intends that $9,300,000 be rescinded
from safety and regulatory compliance and repairs and
improvements and $20,700,000 be rescinded from the Phase I
renovation of Building 10.
The Committee has been briefed on an approximate
$145,000,000 cost increase to the National Institutes of Health
(NIH) Clinical Research Center (CRC). There will also be a
delay of approximately one year in completing the facility. NIH
has commissioned a number of outside reviews of the project
which have validated the revised costs and schedule. Improved
clinical research is very much needed to improve medical care
in the U.S. For that reason, completion of the CRC is a high
priority for the Committee. The Committee expects a report
within 30 days on how HHS intends to finance the cost increase.
The Committee also understands that the HHS Inspector General
is reviewing the project and would appreciate a copy of that
report when it is available.
Centers for Medicare and Medicaid Services
The Committee understands that implementation of the
appeals process created by the Benefits Improvement and
Protection Act [BIPA] of 2000 has substantial costs that have
not been included in the FY03 budget request. The Committee
requests a report from the Secretary of Health and Human
Services within 30 days of enactment of this Act about what the
precise FY03 costs of BIPA appeals are and how the
Administration intends to support them within the FY03 budget
request.
Administration for Children and Families
children and families services programs
The Committee has included an additional $500,000 as a
contingent emergency appropriation for the Domestic Violence
Hotline."
Office of the Secretary
The Committee urges the Department to work with
predominantly and historically Black colleges and universities
in the agency-wide bioterrorism efforts, including, but not
limited to research, training and health care service delivery;
distance learning, and assisting State, local and other
entities in improving the capacity to respond to an emergency.
DEPARTMENT OF EDUCATION
School Improvement Programs
The Committee recommends a technical change to specify the
amount available for the Fund for the Improvement of Education
and the Cooperative Education Exchange program.
The Committee also recommends technical changes relating to
projects specified in the statement of the managers on the
conference report accompanying the Departments of Labor, Health
and Human Services, and Education, and Related Agencies
Appropriations Act, 2002.
Student Financial Assistance
The Committee includes an additional $1,000,000,000 for
Pell Grants to provide for a funding shortfall resulting from a
larger-than-expected increase in the number of independent
students applying and qualifying for the Pell Grant program in
a worsening economy and following the terrorist attacks on
September 11, 2001. These funds will help retire the shortfall
and provide sufficient resources to maintain the maximum Pell
Grant at $4000 in school year 2002-03. The Administration
proposed $1,276,000,000 in supplemental funding for Pell
Grants, but was derived by reductions in other education
projects and programs.
Higher Education
The Committee recommends technical changes relating to
projects specified in the statement of the managers on the
conference report accompanying the Departments of Labor, Health
and Human Services, and Education, and Related Agencies
Appropriations Act, 2002.
CHAPTER 9
LEGISLATIVE BRANCH
House of Representatives
Salaries and Expenses
Standing Committees, Special and Select
The Committee recommends an additional amount of $1,600,000
for Standing Committees, Special and Select for the Permanent
Select Committee on Intelligence. The additional funding is
provided as a result of the Attacks of September 11, 2001.
JOINT ITEMS
Capitol Police Board
Capitol Police
General Expenses
The Committee recommends an additional amount of
$16,100,000 for the Capitol Police to provide for computer
equipment, increased training, communications. Of this amount,
$12,500,000 is provided for reimbursement to the Environmental
Protection Agency for anthrax investigations and cleanup to the
Capitol Complex. This supplemental was requested by the
Administration under EPA, Hazardous Substance Superfund.
Architect of the Capitol
The Architect of the Capitol is directed to transfer
$510,000, from funds made available in Public Law 107-117, to
the Congressional Budget Office for the purpose of replenishing
funds expended due to the events of October 15, 2001 and to
allow implementation of the agency's new disaster recovery
plan.
Library of Congress
Copyright Office
Salaries and Expenses
The Committee recommends an additional direct appropriation
of $7,500,000 to offset the decreased level of receipts
resulting from months of mail suspension.
Administrative Provisions
The Committee has recommended several administrative
provisions. Section 901 establishes a Treasury account for the
Capito
