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Pub.L. 107-207 To protect infants who are born alive. <> ...
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2002 SUPPLEMENTAL APPROPRIATIONS ACT FOR FURTHER RECOVERY FROM AND
RESPONSE TO TERRORIST ATTACKS ON THE UNITED STATES
[[Page 116 STAT. 820]]
Public Law 107-206
107th Congress
An Act
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. <<NOTE: Aug. 2,
2002 - [H.R. 4775]>>
Be it enacted by the Senate and House of Representatives of the
United States of <<NOTE: 2002 Supplemental Appropriations Act for
Further Recovery From and Response To Terrorist Attacks on the United
States.>> America in Congress assembled, That the following sums are
appropriated, out of any money in the Treasury not otherwise
appropriated, for the fiscal year ending September 30, 2002, and for
other purposes, namely:
TITLE I--SUPPLEMENTAL APPROPRIATIONS
CHAPTER 1
DEPARTMENT OF AGRICULTURE
Office of the Secretary
(INCLUDING TRANSFERS OF FUNDS)
For an additional amount for ``Office of the Secretary'',
$18,000,000, to remain available until expended: Provided, That the
Secretary shall transfer these funds to the Agricultural Research
Service, the Animal and Plant Health Inspection Service, the
Agricultural Marketing Service, and/or the Food Safety and Inspection
Service: Provided further, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended: Provided further, That the entire amount shall be available
only to the extent 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.
Agricultural Research Service
salaries and expenses
For an additional amount for ``Salaries and Expenses'', $8,000,000,
to remain available until September 30, 2003: Provided, That the entire
amount is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further, That the
entire amount shall be available only to the extent an official budget
request that includes designation
[[Page 116 STAT. 821]]
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.
buildings and facilities
For an additional amount for ``Buildings and Facilities'',
$25,000,000, to remain available until expended.
Cooperative State Research, Education, and Extension Service
extension activities
For an additional amount for ``Extension Activities'', $6,000,000,
to remain available until September 30, 2003: Provided, That the entire
amount is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further, That the
entire amount 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.
Animal and Plant Health Inspection Service
salaries and expenses
For an additional amount for ``Salaries and Expenses'', $33,000,000,
to remain available until September 30, 2003: Provided, That this amount
shall include assistance in State efforts to prevent and control
transmissible spongiform encephalopathy, including chronic wasting
disease and scrapie, in farmed and free-ranging animals: Provided
further, That the entire amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended: Provided
further, That the entire amount shall be available only to the extent 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.
Food Safety and Inspection Service
For an additional amount for ``Food Safety and Inspection Service'',
$13,000,000, to remain available until September 30, 2003: Provided,
That the entire amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended: Provided further,
That the entire amount 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.
[[Page 116 STAT. 822]]
Natural Resources Conservation Service
watershed and flood prevention operations
For an additional amount for ``Watershed and Flood Prevention
Operations'', for emergency recovery operations, $144,000,000, to remain
available until expended: Provided, That of this amount, $50,000,000 is
designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That $50,000,000
shall be available only to the extent an official budget request, that
includes designation of $50,000,000 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.
Rural Development
rural community advancement program
For an additional amount for ``Rural Community Advancement Program''
for emergency purposes for grants and loans as authorized by 7 U.S.C.
381E(d)(2), 306(a)(14), and 306C, $20,000,000, with up to $5,000,000 for
contracting with qualified organization(s) to conduct vulnerability
assessments for rural community water systems, to remain available until
expended: Provided, That the entire amount is designated by the Congress
as an emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended:
Provided further, That the entire amount shall be available only to the
extent 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.
Rural Utilities Service
local television loan guarantee program account
(INCLUDING RESCISSION)
Of funds made available under this heading for the cost of
guaranteed loans, including the cost of modifying loans as defined in
section 502 of the Congressional Budget Act of 1974, $20,000,000 are
rescinded.
For an additional amount for ``Local Television Loan Guarantee
Program Account'', $8,000,000, to remain available until expended.
Food and Nutrition Service
SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND CHILDREN
(WIC)
For an additional amount for ``Special Supplemental Nutrition
Program for Women, Infants, and Children (WIC)'', $75,000,000, to remain
available until September 30, 2003: Provided, That of the amounts
provided under this heading, the Secretary shall allocate funds,
notwithstanding section 17(i) of the Child Nutrition
[[Page 116 STAT. 823]]
Act of 1966, as amended, in the manner and under a formula the Secretary
deems necessary to respond to caseload requirements.
food stamp program
(RESCISSION)
Of funds which may be reserved by the Secretary for allocation to
State agencies under section 16(h)(1) of the Food Stamp Act of 1977 to
carry out the Employment and Training program, $24,000,000 are rescinded
and returned to the Treasury.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
salaries and expenses
For an additional amount for ``Food and Drug Administration,
Salaries and Expenses'', $17,000,000, to remain available until
expended: Provided, That the entire amount is designated by the Congress
as an emergency requirement pursuant to section 251(b)(2)(A) of such
Act: Provided further, That the entire amount shall be available only to
the extent an official budget request, that includes designation of the
entire amount of the request as an emergency requirement as defined in
the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Congress.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 101. Of the funds made available for the Export Enhancement
Program, pursuant to section 301(e) of the Agricultural Trade Act of
1978, as amended by Public Law 104-127, not more than $33,000,000 shall
be available in fiscal year 2002.
Sec. 102. Assistance To Agricultural Producers Who Have Used Water
For Irrigation From the Rio Grande. (a) In General.--The Secretary of
Agriculture shall use $10,000,000 of the funds of the Commodity Credit
Corporation to make a grant to the State of Texas, acting through the
Texas Department of Agriculture, to provide assistance to agricultural
producers in the State of Texas with farming operations along the Rio
Grande who have suffered economic losses during the 2001 crop year due
to the failure of Mexico to deliver water to the United States in
accordance with the Treaty Relating to the Utilization of Waters of the
Colorado and Tijuana Rivers and of the Rio Grande, and Supplementary
Protocol signed November 14, 1944, signed at Washington on February 3,
1944 (59 Stat. 1219; TS 944).
(b) Amount.--The amount of assistance provided to individual
agricultural producers under this section shall be proportional to the
amount of actual losses described in subsection (a) that were incurred
by the producers.
Sec. 103. <<NOTE: Deadline. 43 USC 2211 note.>> Not later than 14
days after the date of enactment of this Act, the Secretary of
Agriculture shall carry out the transfer of funds under section 2507(a)
of the Food Security and Rural Investment Act of 2002 (Public Law 107-
171).
Sec. 104. (a) Rescission.--The unobligated balances of authority
available under section 2108(a) of Public Law 107-20 are rescinded prior
to the end of fiscal year 2002.
[[Page 116 STAT. 824]]
(b) Appropriation.--There is appropriated to the Secretary of
Agriculture an amount equal to the unobligated balance rescinded by
subsection (a) for expenses through fiscal year 2003 under the
Agricultural Trade Development and Assistance Act of 1954, as amended (7
U.S.C. 1721-1726a) for commodities supplied in connection with
dispositions abroad pursuant to title II of said Act.
Sec. 105. Section 416(b)(7)(D)(iv) of the Agricultural Act of 1949
(7 U.S.C. 1431(b)(7)(D)(iv)) is amended by striking ``subsection.'' and
inserting in lieu thereof the following: ``subsection, or to otherwise
carry out the purposes of this subsection.''.
Sec. 106. Notwithstanding any other provision of law and effective
on the date of enactment of this Act, the Secretary may use an amount
not to exceed $12,000,000 from the amounts appropriated under the
heading ``Food Safety and Inspection Service'' under the Agriculture,
Rural Development, Food and Drug Administration, and Related Agencies
Appropriations Act, 2001 (Public Law 106-387) to liquidate over-
obligations and over-expenditures of the Food Safety and Inspection
Service incurred during previous fiscal years, approved by the Director
of the Office of Management and Budget based on documentation provided
by the Secretary of Agriculture.
CHAPTER 2
DEPARTMENT OF JUSTICE
General Administration
salaries and expenses
For an additional amount for ``Salaries and Expenses'' for expenses
resulting from the September 11, 2001, terrorist attacks, $6,750,000:
Provided, That such sums as are necessary shall be derived from the
Working Capital Fund for the development, testing, and deployment of a
standards-based, integrated, interoperable computer system for the
Immigration and Naturalization Service (``Chimera system''), to be
managed by Justice Management Division: Provided further, That of the
amounts made available under this heading, $1,000,000 shall only be for
the Entry Exit System, to be managed by the Justice Management Division:
Provided further, That none of the funds appropriated in this Act, or in
Public Law 107-117, for the Immigration and Naturalization Service's
Entry Exit System may be obligated until the INS submits a plan for
expenditure that: (1) meets the capital planning and investment control
review requirements established by the Office of Management and Budget,
including OMB Circular A-11, part 3; (2) complies with the acquisition
rules, requirements, guidelines, and systems acquisition management
practices of the Federal Government; (3) is reviewed by the General
Accounting Office; and (4) has been approved by the Committees on
Appropriations: Provided further, That funds provided under this heading
shall only be available for obligation and expenditure in accordance
with the procedures applicable to reprogramming notifications set forth
in section 605 of Public Law 107-77: Provided further, That the entire
amount is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
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