Department of Defense and Emergency Supplemental Appropriations for Recovery from and Response to Terrorist Attacks on the United States Act, 2002/Division B/Chapter 13

CHAPTER 13

DEPARTMENT OF VETERANS AFFAIRS

Departmental Administration

GENERAL OPERATING EXPENSES

For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States for `General operating expenses', $2,000,000, to remain available until expended, to be obligated from amounts made available in Public Law 107-38.

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Community Planning and Development

COMMUNITY DEVELOPMENT FUND

For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for `Community Development Fund', $2,000,000,000, to remain available until expended, to be obligated from amounts made available in Public Law 107-38:

Provided, That such funds shall be subject to the first through sixth provisos in section 434 of Public Law 107-73: Provided further, That the State of New York, in conjunction with the City of New York, shall, through the Lower Manhattan Redevelopment Corporation (`the corporation'):

(1) distribute the funds provided for the `Community Development Fund';

(2) within 45 days of enactment of this Act, issue the initial criteria and requirements necessary to accept applications from individuals, nonprofits, and small businesses for economic losses from the September 11, 2001, terrorist attacks; and

(3) begin processing such applications:

Provided further, That the corporation shall expeditiously respond to any application from an individual, nonprofit, or small business for economic losses under this heading:

Provided further, That of the total amount made available for the `Community Development Fund', including amounts previously made available by transfer pursuant to the fifth proviso of Public Law 107-38, no less than $500,000,000 shall be made available for individuals, nonprofits, or small businesses described in the prior three provisos, with a limit of $500,000 per small business for economic losses:

Provided further, That amounts made available in the previous proviso shall only be available for individuals, nonprofits, or small businesses located in New York City in the area located on or south of West 14th Street (west of its intersection with 5th Avenue), or on or south of East 14th Street (east of its intersection with 5th Street):

Provided further, That, of the amount provided in this paragraph, $10,000,000 shall be used for a program to aid the travel and tourism industry in New York City.

Management and Administration

OFFICE OF INSPECTOR GENERAL

For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for `Office of Inspector General', $1,000,000, to remain available until expended, to be obligated from amounts made available in Public Law 107-38.

INDEPENDENT AGENCIES; DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health

NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES

For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States for `National Institute of Environmental Health Sciences' for carrying out under current authorities, worker training, research, and education activities, $10,500,000, to remain available until expended, to be obligated from amounts made available in Public Law 107-38.

Public Law 107-73 is amended under this heading by adding `and section 126(g) of the Superfund Amendments and Reauthorization Act of 1986,' after the words, `as amended,'.

Environmental Protection Agency

SCIENCE AND TECHNOLOGY

For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, and to support activities related to countering terrorism, for `Science and technology', $90,308,000, to remain available until expended, to be obligated from amounts made available in Public Law 107-38.

ENVIRONMENTAL PROGRAMS AND MANAGEMENT

For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, and to support activities related to countering terrorism, for `Environmental programs and management', $39,000,000, to remain available until expended, to be obligated from amounts made available in Public Law 107-38.

HAZARDOUS SUBSTANCE SUPERFUND

For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, and to support activities related to countering terrorism, for `Hazardous substance superfund', $41,292,000, to remain available until expended, to be obligated from amounts made available in Public Law 107-38.

STATE AND TRIBAL ASSISTANCE GRANTS

For making grants for emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, and to support activities related to countering potential biological and chemical threats to populations, for `State and tribal assistance grants', $5,000,000, to remain available until expended, to be obligated from amounts made available in Public Law 107-38.

The referenced statement of the managers under this heading in Public Law 107-73 is deemed to be amended by striking `Florida Department of Environmental Protection' in reference to item number 92, and inserting `Southwest Florida Water Management District'; and by striking `Southeast' in reference to item number 9, and inserting `Southwest'.

The referenced statement of the managers under this heading in Public Law 106-377 is deemed to be amended by striking `repairs to water and sewer lines' in reference to item number 171 and inserting `water and wastewater infrastructure improvements'.

Federal Emergency Management Agency

DISASTER RELIEF

For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for `Disaster relief', $4,356,871,000, to remain available until expended, to be obligated from amounts made available in Public Law 107-38.

SALARIES AND EXPENSES

For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for `Salaries and Expenses', $25,000,000 to remain available until expended, to be obligated from amounts made available in Public Law 107-38 of which not less than $10,000,000 shall be used to enhance the capabilities of the National Security Division.

EMERGENCY MANAGEMENT PLANNING AND ASSISTANCE (INCLUDING TRANSFER OF FUNDS)

For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for `Emergency management planning and assistance', $10,000,000, to remain available until expended, to be obligated from amounts made available in Public Law 107-38, which shall be available for support of the 2002 Winter Olympics.

For an additional amount for emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States and to support activities related to countering terrorism, for `Emergency management planning and assistance', $210,000,000, to remain available until September 30, 2003, for programs as authorized by section 33 of the Federal Fire Prevention and Control Act of 1974, as amended (15 U.S.C. 2201 et seq.), as in effect on December 7, 2001, to be obligated from amounts made available in Public Law 107-38: Provided, That up to 5 percent of this amount shall be transferred to `Salaries and Expenses' for program administration.

National Aeronautics and Space Administration

HUMAN SPACE FLIGHT

For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for `Human space flight', $76,000,000, to remain available until expended, to be obligated from amounts made available in Public Law 107-38.

SCIENCE, AERONAUTICS AND TECHNOLOGY

For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for `Science, aeronautics and technology', $32,500,000, to remain available until expended, to be obligated from amounts made available in Public Law 107-38.

National Science Foundation

RESEARCH AND RELATED ACTIVITIES

For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for `Research and related activities', $300,000 to remain available until expended, to be obligated from amounts made available in Public Law 107-38.

GENERAL PROVISIONS, THIS CHAPTER

Sec. 1301.

(a) This section may be cited as the ``Unity in the Spirit of America Act´´ or the ``USA Act´´.

(b) The National and Community Service Act of 1990 (42 U.S.C. 12501 et seq.) is amended by inserting before title V the following:

``TITLE IV—PROJECTS HONORING VICTIMS OF TERRORIST ATTACKS

``SEC. 401. PROJECTS.

``(a) DEFINITION.— In this section, the term `Foundation' means the Points of Light Foundation funded under section 301, or another nonprofit private organization, that enters into an agreement with the Corporation to carry out this section.

``(b) IDENTIFICATION OF PROJECTS.—

``(1) ESTIMATED NUMBER.— Not later than March 1, 2002, the Foundation, after obtaining the guidance of the heads of appropriate Federal agencies, such as the Director of the Office of Homeland Security and the Attorney General, shall—

``(A) make an estimate of the number of victims killed as a result of the terrorist attacks on September 11, 2001 (referred to in this section as the `estimated number'); and

``(B) compile a list that specifies, for each individual that the Foundation determines to be such a victim, the name of the victim and the State in which the victim resided.

``(2) IDENTIFIED PROJECTS.— The Foundation may identify approximately the estimated number of community-based national and community service projects that meet the requirements of subsection (d). The Foundation may name projects in honor of victims described in subsection (b)(1)(A), after obtaining the permission of an appropriate member of the victim's family and the entity carrying out the project.

``(c) ELIGIBLE ENTITIES.— To be eligible to have a project named under this section, the entity carrying out the project shall be a political subdivision of a State, a business, a nonprofit organization (which may be a religious organization), an Indian tribe, or an institution of higher education.

``(d) PROJECTS.— The Foundation shall name, under this section, projects—

``(1) that advance the goals of unity, and improving the quality of life in communities; and

``(2) that will be planned, or for which implementation will begin, within a reasonable period after the date of enactment of the Unity in the Spirit of America Act, as determined by the Foundation.

``(e) WEBSITE AND DATABASE.— The Foundation shall create and maintain websites and databases, to describe projects named under this section and serve as appropriate vehicles for recognizing the projects.´´.

Sec. 1302.

Within funds previously appropriated as authorized under the Native American Housing and Self Determination Act of 1996 (Public Law 104-330, section 1(a); 110 Stat. 4016) and made available to Cook Inlet Housing Authority, Cook Inlet Housing Authority may use up to $9,500,000 of such funds to construct student housing for Native college students, including an on-site computer lab and related study facilities, and, notwithstanding any provision of such Act to the contrary, Cook Inlet Housing Authority may use a portion of such funds to establish a reserve fund and to provide for maintenance of the project.

Sec. 1303.

Of the amounts made available under both the heading `Housing certificate fund' and the heading `Salaries and Expenses' in title II of Public Law 107-73, not to exceed $11,300,000 shall be for the recordation and liquidation of obligations and deficiencies incurred in prior years in connection with the provision of technical assistance authorized under section 514 of the Multifamily Assisted Housing Reform and Affordability Act of 1997 (`section 514'), and notwithstanding any other provision of law, for new obligations for such technical assistance:

Provided, That of the $11,300,000 made available, up to $1,300,000 shall be for reimbursement of vouchers submitted by section 514 grantees as of October 15, 2001: Provided further, That of the total amount provided under the heading `Salaries and Expenses' in title II of Public Law 107-73, $500,000 shall be made available from salaries and expenses allocated to the Office of General Counsel and $1,000,000 shall be made available from salaries and expenses allocated to the Office of Multifamily Housing Assistance Restructuring in the Department of Housing and Urban Development for new obligations for the provision of technical assistance authorized under section 514:

Provided further, That of the $11,300,000 provided under this section, no more than $10,000,000 shall be made available for new obligations for technical assistance under section 514:

Provided further, That from amounts made available under this section, the Inspector General of the Department of Housing and Urban Development (`HUD Inspector General') shall audit each provision of technical assistance obligated under the requirements of section 514 over the last 4 years:

Provided further, That to the extent the HUD Inspector General determines that the use of any funding for technical assistance does not meet the requirements of section 514, the Secretary of Housing and Urban Development (`Secretary') shall recapture any such funds:

Provided further, That no funds appropriated under title II of Public Law 107-73 and subsequent appropriations acts for the Department of Housing and Urban Development shall be made available for 4 years to any entity (or any subsequent entity comprised of significantly the same officers) that has been identified as having violated the requirements of section 514 by the HUD Inspector General:

Provided further, That, notwithstanding any other provision of law, no funding for technical assistance shall be available for carryover from any previous year:

Provided further, That the recordation and liquidation of obligations and deficiencies under this heading shall not pardon or release an officer or employee of the United States Government for an act or acts in violation of the Anti-deficiency Act (31 U.S.C. 1341):

Provided further, That the Secretary shall implement the provisions under this section in a manner that does not accelerate outlays.

Sec. 1304.

The referenced statement of the managers pertaining to economic development initiatives under the heading `Community Development Fund' in Public Law 107-73 is deemed to be amended by striking `Willacacy County Boys and Girls Club in Willacacy County, Texas' in reference to an appropriation for the Willacy County Boys and Girls Club, and inserting `Willacy County Boys and Girls Club in Willacy County, Texas'; by striking `Acres Home Community Development Corporation' in reference to an appropriation in Houston, Texas, and inserting `Old Acres Homes Citizens Council'; and by striking `$250,000 to the Good Shepard School in Braddock, Pennsylvania for facility renovation;' in reference to an appropriation in Braddock, Pennsylvania, and inserting `$250,000 for facility renovation, of which $50,000 is for the Good Shepard School in Braddock, Pennsylvania, and $200,000 is for the Phipps Conservatory and Botanical Gardens in Pittsburgh, Pennsylvania;'.