[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4775 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                                June 7 (legislative day, June 6), 2002.
    Resolved, That the bill from the House of Representatives (H.R. 
4775) entitled ``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.'', do pass with the following

                               AMENDMENT:

            Strike out all after the enacting clause and insert:

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.

                     Agricultural Research Service

                         salaries and expenses

    For an additional amount for ``Salaries and Expenses'', 
$16,000,000, 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.

                        buildings and facilities

    For an additional amount for ``Buildings and Facilities'', 
$50,000,000, to remain available until expended.

      Cooperative State Research, Education, and Extension Service

                          extension activities

    For an additional amount for ``Extension Activities'', $16,000,000, 
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.

               Animal and Plant Health Inspection Service

                         salaries and expenses

    For an additional amount for ``Salaries and Expenses'', 
$60,000,000, 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.

                   Food Safety and Inspection Service

    For an additional amount for ``Food Safety and Inspection 
Service'', $15,000,000, 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.

                 Natural Resources Conservation Service

               watershed and flood prevention operations

    For an additional amount for ``Watershed and Flood Prevention 
Operations'', for emergency recovery operations, $100,000,000, to 
remain available until expended: Provided, That of this amount, 
$27,000,000 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.

                  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, $25,000,000, 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.

                        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'', $20,000,000, 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 in this Act and any amounts available for reallocation 
in fiscal year 2002, the Secretary shall reallocate funds under section 
17(g)(2) of the Child Nutrition Act of 1966, as amended, in the manner 
and under the formula the Secretary deems necessary to respond to the 
effects of unemployment and other conditions caused by the recession.

                           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, $33,000,000 are 
rescinded and returned to the Treasury.

                    GENERAL PROVISION, THIS CHAPTER

    Sec. 101. Assistance To Agricultural Producers That Have Used Water 
For Irrigation From Rio Grande River. (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 River that 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.
    (c) Emergency Requirement.--
            (1) In general.--The entire amount necessary to carry out 
        this section shall be available only to the extent that an 
        official budget request for the entire amount, that includes 
        designation of the entire amount of the request as an emergency 
        requirement under the Balanced Budget and Emergency Deficit 
        Control Act of 1985 (2 U.S.C. 900 et seq.), is transmitted by 
        the President to Congress.
            (2) Designation.--The entire amount necessary to carry out 
        this section is designated by Congress as an emergency 
        requirement pursuant to section 251(b)(2)(A) of that Act (2 
        U.S.C. 901(b)(2)(A)).
    Sec. 102. 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. 103. Sense of the Senate on Compensation to Producers of 
Poultry Affected by Avian Influenza. It is the Sense of the Senate that 
the Secretary of Agriculture act expeditiously to provide compensation 
through the Commodity Credit Corporation to producers of poultry that 
have been affected by outbreaks of avian influenza in Virginia, West 
Virginia, and other States which have resulted in the destruction of 
poultry flocks in order to contain this disease.
    Sec. 104. (a) Findings.--(1) Of the 40 million people living with 
HIV/AIDS, nearly 2.7 million are children under 15, and 11.8 million 
are young people aged 15-24, more than 540,000 children were infected 
in mother-to-child transmission in 2000, and a baby born to an HIV-
positive mother has a 25 to 35 percent chance of becoming infected.
    (2) Targeted provision of dairy products for HIV/AIDS mitigation 
provides an economical and efficient means to strengthen nutrition, 
ward off infectious diseases and extend the lives of HIV-positive 
individuals.
    (3) Good nutrition including dairy products is critical to programs 
that provide and enhance anti-retroviral drugs to prevent mother-to-
child transmission of HIV/AIDS, and nutrition experts recommend the use 
of dairy products with anti-retroviral drugs to combat mother-to-child 
transmission.
    (4) In the diets of young children, growing adolescents and 
pregnant women, milk has been proven to provide a concentration of 
critical nutritional elements that promote growth and robust health, 
and the National Institutes of Health (NIH) recommends that dairy 
products be used to boost the nutrition of HIV-positive young children.
    (5) It is imperative that attempts to improve the availability of 
dairy products to the HIV/AIDS afflicted do not undermine the security 
and stability of the indigenous dairy production and processing sector.
    (6) The United States has more than 1 billion pounds (450,000 
metric tons) of surplus non-fat dry milk in storage that has been 
acquired at an average cost of over 90 cents per pound for a total cost 
approaching $1,000,000,000, and storage costs are $1,500,000 per month 
and growing.
    (7) This huge amount of milk overhangs the United States and world 
markets and deteriorates rapidly, going out of condition in about 3 
years when it must be sold for a salvage value of only a few cents per 
pound.
    (8) The impacts of breast-feeding on mother-to-child transmission 
remain controversial and appropriate interventions are not yet 
scientifically proven, especially in low-income communities where 
appropriate alternatives are not available and may be unsafe.
    (9) There is a need for non-fat dry milk in international relief to 
use in human feeding programs that target the most vulnerable in 
society, particularly those affected by HIV/AIDS.
    (b) Sense of the Senate.--It is the sense of the Senate that the 
Secretary of Agriculture should--
            (1) utilize the existing 416(b) authority of the 
        Agricultural Act of 1949 to dispose of dairy surpluses for 
        direct feeding programs to mothers and children living with 
        HIV/AIDS and communities heavily impacted by the HIV/AIDS 
        pandemic;
            (2) make available funds for the provision of 100,000 
        metric tons of surplus non-fat dry milk to combat HIV/AIDS, 
        with a special focus on HIV-positive mothers and children, to 
        include ocean and inland transportation, accounting, monitoring 
        and evaluation expenses incurred by the Secretary of 
        Agriculture, and expenses incurred by private and voluntary 
        organizations and cooperatives related to market assessments, 
        project design, fortification, distribution, and other project 
        expenses;
            (3) give careful consideration to the local market 
        conditions before dairy products are donated or monetized into 
        a local economy, so as not to undermine the security and 
        stability of the indigenous dairy production and processing 
        sector; and
            (4) Use none of these funds or commodities in any programs 
        that would substitute dairy products for breast-feeding.
    Sec. 105. (a) Rescission.--The unobligated balance of authority 
available under section 2108(a) of Public Law 107-20 is rescinded as of 
the date of the enactment of this Act.
    (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. 106. 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. 107. 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 of 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'' to respond 
to the September 11, 2001, terrorist attacks on the United States, 
$12,750,000, to remain available until expended: Provided, That 
$10,750,000 is for the planning, development, and deployment of an 
integrated fingerprint identification system, including automated 
capability to transmit fingerprint and image data for the design, and 
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, as authorized by section 202 of H.R. 3525: 
Provided further, That $2,000,000 is for the Principal Associate Deputy 
Attorney General for Combating Terrorism: Provided further, That 
$10,750,000 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.
    In addition, for the Office of Domestic Preparedness to respond to 
the September 11, 2001, terrorist attacks on the United States, 
$173,800,000, to remain available until expended, for grants, 
cooperative agreements, and other assistance authorized by sections 819 
and 821 of the Antiterrorism and Effective Death Penalty Act of 1996 
and sections 1014, 1015, and 1016 of the USA PATRIOT ACT (Public Law 
107-56), and for other counterterrorism programs: Provided, That no 
funds under this heading shall be used to duplicate the Federal 
Emergency Management Agency Fire Grant program: 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.

                            Legal Activities

             salaries and expenses, united states attorneys

    For an additional amount for ``Salaries and Expenses'' for 
courtroom technology, $5,200,000: 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.

             salaries and expenses, united states attorneys

                              (rescission)

    Of the amounts made available under this heading in Public Law 107-
77, $7,000,000 are rescinded.

         salaries and expenses, united states marshals service

                              (rescission)

    Of the amounts made available under this heading for the Training 
Academy, $2,100,000 are rescinded.

                       anti-terrorism task forces

    For expenses necessary for Anti-Terrorism Task Forces, including 
salaries and expenses, operations, equipment, and facilities, 
$45,000,000, to be derived from the amounts made available for this 
purpose in Public Law 107-77 and Public Law 107-117.

                      joint terrorism task forces

    For expenses necessary for Joint Terrorism Task Forces, including 
salaries and expenses, operations, equipment, and facilities, 
$113,235,000, to be derived from the amounts made available for this 
purpose in Public Law 107-77 and Public Law 107-117.

                 foreign terrorist tracking task forces

    For expenses necessary for Foreign Terrorist Tracking Task Forces, 
including salaries and expenses, operations, equipment, and facilities, 
$10,000,000, to be derived from the amounts made available for this 
purpose in Public Law 107-77 and Public Law 107-117.

                    Federal Bureau of Investigation

                         salaries and expenses

    For an additional amount for ``Salaries and Expenses'' for 
emergency expenses resulting from the September 11, 2001, terrorist 
attacks, $75,500,000, of which $50,500,000 is for a cyber-security 
initiative: 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.

                 Immigration and Naturalization Service

                         salaries and expenses

    For an additional amount for ``Salaries and Expenses'' for fleet 
management, $35,000,000: 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.

                              construction

    For an additional amount for ``Construction'' for emergency 
expenses resulting from the September 11, 2001, terrorist attacks, 
$84,000,000: 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.

                         federal prison system

                        buildings and facilities



                              (rescission)

    Of the amounts made available under this heading in Public Law 107-
77 for buildings and facilities, $30,000,000 are rescinded.

                       Office of Justice Programs

                     election reform grant program

    For an amount to establish the Election Reform Grant Program, to 
provide assistance to States and localities in improving election 
technology and the administration of federal elections, $450,000,000, 
to remain available until expended: Provided, That such amount shall 
not be available for obligation until the enactment of legislation that 
establishes programs for improving the administration of elections.

                           justice assistance

                              (rescission)

    Of the amounts made available under this heading for the Office of 
the Assistant Attorney General for Office of Justice Programs, 
$2,000,000 are rescinded, and for the Office of Congressional and 
Public Affairs, $2,000,000 are rescinded.

                  community oriented policing services

    For an amount to establish the Community Oriented Policing 
Services' Interoperable Communications Technology Program, for 
emergency expenses for activities related to combating terrorism by 
providing grants to States and localities to improve communications 
within, and among, law enforcement agencies, $85,000,000, 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 the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended.

              DEPARTMENT OF COMMERCE AND RELATED AGENCIES

                         DEPARTMENT OF COMMERCE

                   International Trade Administration

                     operations and administration

    For an additional amount for ``Operations and Administration'' for 
emergency expenses resulting from new homeland security activities, 
$1,725,000: 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.

                         Export Administration

                     operations and administration

    For an additional amount for ``Operations and Administration'' for 
emergency expenses resulting from new homeland security activities, 
$8,700,000: Provided, That, of the funds appropriated under this 
heading, such sums as are necessary may be transferred to, and merged 
with, any appropriations account to develop and implement secure 
connectivity between Federal agencies and the Executive Office of the 
President: 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.

                          Bureau of the Census

                     periodic censuses and programs

                              (rescission)

    Of the amounts made available under this heading in prior fiscal 
years, excepting funds designated for the Suitland Federal Center, 
$20,900,000 are rescinded.

             National Institute of Standards and Technology

             scientific and technical research and services

    For an additional amount for ``Scientific and Technical Research 
and Services'' for emergency expenses resulting from new homeland 
security activities and increased security requirements, $84,600,000, 
of which $40,000,000 is for a cyber-security initiative: 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 of the amount appropriated under this heading, $500,000 shall be 
for the Center for Identification Technology Research at the West 
Virginia University for the purpose of developing interoperability 
standards and an application profile for technology neutral, portable, 
and data independent biometrics, in accordance with section 403(c)(2) 
of The USA PATRIOT Act (Public Law 107-56) and sections 201(c)(5) and 
202(a)(4)(B) and title III of the Enhanced Border Security and Visa 
Reform Act (Public Law 107-173), and the amendments made by those 
provisions.

            National Oceanic and Atmospheric Administration

                  operations, research, and facilities

    For an additional amount for ``Operations, Research, and 
Facilities'' for emergency expenses resulting from homeland security 
activities, $29,200,000, of which $23,400,000 is to address critical 
mapping and charting backlog requirements, $3,000,000 is to enhance the 
National Water Level Observation Network and $2,800,000 is for backup 
capability for National Oceanic and Atmospheric Administration critical 
satellite products and services, to remain available until September 
30, 2003: Provided, That $2,800,000 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.

               procurement, acquisition and construction

                         (including rescission)

    For an additional amount for ``Procurement, Acquisition and 
Construction'' for emergency expenses resulting from homeland security 
activities, $7,200,000 for a supercomputer backup, 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.
    Of the amounts made available under this heading for the National 
Polar-Orbiting Operational Environmental Satellite System, $8,100,000 
are rescinded.

                   fisheries finance program account

    Funds provided under the heading, ``Fisheries Finance Program 
Account'', National Oceanic and Atmospheric Administration, Department 
of Commerce, for the direct loan program authorized by the Merchant 
Marine Act of 1936, as amended, are available to subsidize gross 
obligations for the principal amount of direct loans not to exceed 
$5,000,000 for Individual Fishing Quota loans, and not to exceed 
$19,000,000 for Traditional loans.

                        Departmental Management

                         salaries and expenses

    For an additional amount for ``Salaries and Expenses'' for 
emergency expenses resulting from new homeland security activities, 
$400,000: 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.

                             THE JUDICIARY

                   Supreme Court of the United States

                    care of the building and grounds

    For an additional amount for ``Care of the Building and Grounds'' 
for emergency expenses for security upgrades and renovations of the 
Supreme Court building, $10,000,000: 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.

    Courts of Appeals, District Courts, and Other Judicial Services

                         salaries and expenses

    For an additional amount for ``Salaries and Expenses'' for 
emergency expenses to enhance security and to provide for extraordinary 
trial related costs, $9,684,000, 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 the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended.

                 DEPARTMENT OF STATE AND RELATED AGENCY

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs

                    diplomatic and consular programs

    For an additional amount for ``Diplomatic and Consular Programs,'' 
for emergency expenses for activities related to combating 
international terrorism, $38,300,000, of which $20,300,000 shall remain 
available until September 30, 2003: Provided, That funds appropriated 
by this paragraph shall be available notwithstanding section 15 of the 
State Department Basic Authorities Act of 1956, as amended: 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.

               educational and cultural exchange programs

    For an additional amount for ``Educational and Cultural Exchange 
Programs'', for emergency expenses for activities related to combating 
international terrorism, $9,000,000: Provided, That funds appropriated 
by this paragraph shall be available notwithstanding section 15 of the 
State Department Basic Authorities Act of 1956, as amended: 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.

            embassy security, construction, and maintenance

    For an additional amount for ``Embassy Security, Construction, and 
Maintenance'', for emergency expenses for activities related to 
combating international terrorism, $210,516,000, to remain available 
until expended: Provided, That $210,516,000 shall be available 
notwithstanding section 15 of the State Department Basic Authorities 
Act of 1956, as amended: 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.

              International Organizations and Conferences

              contributions to international organizations

    For an additional amount for ``Contributions to International 
Organizations'', for emergency expenses for activities related to 
combating international terrorism, $7,000,000, to remain available 
until September 30, 2003: Provided, That funds appropriated by this 
paragraph shall be available notwithstanding section 15 of the State 
Department Basic Authorities Act of 1956, as amended: 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.

        contributions for international peacekeeping activities

                              (rescission)

    Of the amounts made available under this heading, $48,000,000 are 
rescinded from prior year appropriations.

                             RELATED AGENCY

                    Broadcasting Board of Governors

                 international broadcasting operations

    For an additional amount for ``International Broadcasting 
Operations'', for emergency expenses for activities related to 
combating international terrorism, $7,400,000, to remain available 
until September 30, 2003: Provided, That funds appropriated by this 
paragraph shall be available notwithstanding section 15 of the State 
Department Basic Authorities Act of 1956, as amended: 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.

                            RELATED AGENCIES

                   Securities and Exchange Commission

                         salaries and expenses

    For an additional amount for ``Salaries and Expenses'' to respond 
to the September 11, 2001, terrorist attacks on the United States and 
for other purposes, $29,300,000, to remain available until expended: 
Provided, That $9,300,000 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.

                    GENERAL PROVISIONS, THIS CHAPTER

    Sec. 201. Title II of Public Law 107-77 is amended in the second 
undesignated paragraph under the heading ``Department of Commerce, 
National Institute of Standards and Technology, Industrial Technology 
Services'' by striking ``not to exceed $60,700,000 shall be available 
for the award of new grants'' and inserting ``not less than $60,700,000 
shall be used before October 1, 2002 for the award of new grants''.
    Sec. 202. None of the funds appropriated or otherwise made 
available by this Act or any other Act may be used to implement, 
enforce, or otherwise abide by the Memorandum of Agreement signed by 
the Federal Trade Commission and the Antitrust Division of the 
Department of Justice on March 5, 2002.
    Sec. 203. (a) Section 504 of title 28, United States Code, is 
amended by inserting after ``General'' the following: ``and a Principal 
Associate Deputy Attorney General for Combating Terrorism''.
    (b) The Section heading for section 504 of title 28, United States 
Code, is amended by inserting after ``General'' the following: ``and 
Principal Associate Deputy Attorney General for Combating Terrorism''.
    (c) The Principal Associate Deputy Attorney General for Combating 
Terrorism (appointed under section 504 of title 28, United States Code, 
as amended by subsection (a)) shall--
            (1) serve as the principal adviser to the Attorney General 
        and the Deputy Attorney General for combating terrorism, 
        counterterrorism, and antiterrorism policy;
            (2) have responsibility for coordinating all functions 
        within the Department of Justice relating to combating domestic 
        terrorism, subject to paragraph (5), including--
                    (A) policies, plans, and oversight, as they relate 
                to combating terrorism, counterterrorism, and 
                antiterrorism activities;
                    (B) State and local preparedness for terrorist 
                events;
                    (C) contingency operations within the Department of 
                Justice; and
                    (D) critical infrastructure;
            (3) coordinate--
                    (A) all inter-agency interface between the 
                Department of Justice and other departments, agencies, 
                and entities of the United States, including State and 
                local organizations, engaged in combating terrorism, 
                counterterrorism, and antiterrorism activities; and
                    (B) the implementation of the Department of 
                Justice's strategy for combating terrorism by State and 
                local law enforcement with responsibilities for 
                combating domestic terrorism;
            (4) recommend changes in the organization and management of 
        the Department of Justice and State and local entities engaged 
        in combating domestic terrorism to the Attorney General and 
        Deputy Attorney General; and
            (5) serve in an advisory capacity to the Attorney General 
        and Deputy Attorney General on matters pertaining to the 
        allocation of resources for combating terrorism.
    (d) The allocation of resources for combating terrorism shall 
remain under the purview of the current Deputy Attorney General. Any 
changes in the allocation of resources will continue to be approved by 
the current Deputy Attorney General using the current procedures of the 
Department of Justice.
    (e) Effective upon enactment of this Act, there is transferred to 
the Principal Associate Deputy Attorney General for Combating Terrorism 
all authorities, liabilities, funding, personnel, equipment, and real 
property employed or used by, or associated with, the Office of 
Domestic Preparedness, the National Domestic Preparedness Office, the 
Executive Office of National Security, and such appropriate components 
of the Office of Intelligence Policy and Review and the National 
Institute of Justice as relate to combating terrorism, 
counterterrorism, and antiterrorism activities.
    Sec. 204. Public Law 106-256 is amended in section 3(f)(1) by 
striking ``18'' and inserting ``29''.
    Sec. 205. The American Section, International Joint Commission, 
United States and Canada, is authorized to receive funds from the 
United States Army Corps of Engineers for the purposes of conducting 
investigations, undertaking studies, and preparing reports in 
connection with a reference to the International Joint Commission on 
the Devils Lake project mentioned in Public Law 106-377.
    Sec. 206. Section 282(a)(2)(D) of the Agricultural Marketing Act of 
1946 is amended to read as follows:
                    ``(D) in the case of wild fish, is--
                            ``(i) harvested in the United States, a 
                        territory of the United States, or a State, or 
                        by a vessel that is documented under chapter 
                        121 of title 46, United States Code, or 
                        registered in the United States; and
                            ``(ii) processed in the United States, a 
                        territory of the United States, or a State, 
                        including the waters thereof, or aboard a 
                        vessel that is documented under chapter 121 of 
                        title 46, United States Code, or registered in 
                        the United States; and''.
    Sec. 207. Of the amounts appropriated in Public Law 107-77, under 
the heading ``Department of Commerce, National Oceanic and Atmospheric 
Administration, Operations, Research, and Facilities'', for coral reef 
programs, $2,500,000, for a cooperative agreement with the National 
Defense Center of Excellence for Research in Ocean Sciences to conduct 
coral mapping in the waters of the Hawaiian Islands and the surrounding 
Exclusive Economic Zone in accordance with the mapping implementation 
strategy of the United States Coral Reef Task Force.
    Sec. 208. In addition to amounts appropriated or otherwise made 
available by this Act or any other Act, $11,000,000 is appropriated to 
enable the Secretary of Commerce to provide economic assistance to 
fishermen and fishing communities affected by Federal closures and 
fishing restrictions in the New England groundfish fishery, to remain 
available until September 30, 2003.
    Sec. 209. In addition to amounts appropriated or otherwise made 
available by this Act or any other Act, $5,000,000 shall be provided to 
enable the Secretary of Commerce to provide for direct economic 
assistance to fishermen and fishing communities, affected by Federal 
Court ordered management measures in the Northeast multispecies 
fishery, to remain available until September 30, 2003: Provided, That 
these amounts shall be used to support port security and related 
coastal activities administered by the National Oceanic and Atmospheric 
Administration, the Coast Guard, or an affected state.
    Sec. 210. Of the amounts appropriated in Public Law 107-77, under 
the heading ``Department of Commerce, National Oceanic and Atmospheric 
Administration, Operations, Research, and Facilities'', for Oregon 
groundfish cooperative research, $500,000 shall be for the cost of a 
reduction loan of $50,000,000 as authorized under sections 1111 and 
1112 of title XI of the Merchant Marine Act, 1936 (46 U.S.C. App. 1279f 
and 1279g) to carry out a West Coast groundfish fishing capacity 
reduction program under section 312(b) of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1861a(b)).
    Sec. 211. (a) Subject to subsection (b), the Attorney General 
shall, out of appropriations available to the Department of Justice 
made in Public Law 107-77, transfer to, and merge with, the 
appropriations account for the Immigration and Naturalization Service 
entitled ``Salaries and Expenses'' the following amounts for the 
following purposes:
            (1) $4,900,000 to cover an increase in pay for all Border 
        Patrol agents who have completed at least one year's service 
        and are receiving an annual rate of basic pay for positions at 
        GS-9 of the General Schedule under section 5332 of title 5, 
        United States Code, from the annual rate of basic pay payable 
        for positions at GS-9 of the General Schedule under such 
        section 5332, to an annual rate of basic pay payable for 
        positions at GS-11 of the General Schedule under such section 
        5332; and
            (2) $3,800,000 to cover an increase in pay for all 
        immigration inspectors who have completed at least one year's 
        service and are receiving an annual rate of basic pay for 
        positions at GS-9 of the General Schedule under section 5332 of 
        title 5, United States Code, from the annual rate of basic pay 
        payable for positions at GS-9 of the General Schedule under 
        such section 5332, to an annual rate of basic pay payable for 
        positions at GS-11 of the General Schedule under such section 
        5332.
    (b) Funds transferred under subsection (a) shall be available for 
obligation and expenditure only in accordance with the procedures 
applicable to reprogramming notifications set forth in section 605 of 
the Departments of Commerce, Justice, and State, the Judiciary, and 
Related Agencies Appropriations Act, 2002 (Public Law 107-77; 115 Stat. 
798).
    (c) Not later than September 30, 2002, the Justice Management 
Division of the Department of Justice shall submit a report to the 
Committees on Appropriations of the Senate and the House of 
Representatives describing the progress made in the development of the 
Chimera system.
    (d) No funds available to the Immigration and Naturalization 
Service for technology activities in the fiscal year 2003 may be 
obligated or expended unless the program manager of the Chimera system 
approves the obligation or expenditure of those funds and so reports to 
the Attorney General.
    Sec. 212. Amounts appropriated by title V of Public Law 107-77 
under the heading ``National Veterans Business Development 
Corporation'' (115 Stat. 795) shall remain available until expended.
    Sec. 213. Of the funds made available under the heading ``Courts of 
Appeals, District Courts, and Other Judicial Services, Salaries, and 
Expenses'' in title III of Public Law 107-77, $37,900,000 shall be 
transferred to, and merged with, funds available for ``Salaries and 
Expenses, United States Marshals Service'' in title I of Public Law 
107-77, to be available until expended only for hiring 200 additional 
Deputy United States Marshals and associated support staff for 
protection of the judicial process in response to the terrorist attacks 
of September 11, 2001 to be deployed to the Federal districts with 
critical courtroom and prisoner security needs.

                               CHAPTER 3

                         DEPARTMENT OF DEFENSE

                           MILITARY PERSONNEL

                     Military Personnel, Air Force

    For an additional amount for ``Military Personnel, Air Force'', 
$206,000,000: 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.

                       OPERATION AND MAINTENANCE

                    Defense Emergency Response Fund

                     (including transfer of funds)

    For an additional amount for the ``Defense Emergency Response 
Fund'', $11,300,000,000, of which $77,900,000 shall be available for 
enhancements to North American Air Defense Command capabilities: 
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 Secretary of Defense may transfer the funds provided 
herein only to appropriations for military personnel; operation and 
maintenance; procurement; research, development, test and evaluation; 
military construction; the Defense Health Program; and working capital 
funds: Provided further, That the funds transferred shall be merged 
with and shall be available for the same purposes and for the same time 
period as the appropriation to which transferred: Provided further, 
That the transfer authority provided in this paragraph is in addition 
to any other transfer authority available to the Department of Defense: 
Provided further, That upon a determination that all or part of the 
funds transferred from this appropriation are not necessary for the 
purposes provided herein, such amounts may be transferred back to this 
appropriation.

                    Operation and Maintenance, Army

    For an additional amount for ``Operation and Maintenance, Army'', 
$107,000,000: 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.

                    Operation and Maintenance, Navy

    For an additional amount for ``Operation and Maintenance, Navy'', 
$36,500,000: 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.

                  Operation and Maintenance, Air Force

    For an additional amount for ``Operation and Maintenance, Air 
Force'', $41,000,000: 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.

                Operation and Maintenance, Defense-wide

                     (including transfer of funds)

    For an additional amount for ``Operation and Maintenance, Defense-
wide'', $739,000,000, of which $420,000,000 may be used for payments to 
Pakistan, Jordan, the Philippines, and other key cooperating nations 
for logistical and military support provided to United States military 
operations in connection with United States efforts to prevent or 
respond to acts of international terrorism: Provided, That such amount 
shall be transferred to, and merged with, funds appropriated in Public 
Law 107-115 under the heading ``Foreign Military Financing Program'' 
within 30 days of enactment: Provided further, That such payments may 
be made in such amounts as the Secretary of State determines, after 
consultation with the Secretary of Defense and the Director of the 
Office of Management and Budget: Provided further, That such 
determination shall be final and conclusive upon the accounting 
officers of the United States: Provided further, That of the funds 
appropriated by this paragraph, not less than $50,000,000 shall be made 
available for the Philippines: Provided further, That amounts for such 
payments shall be in addition to any other funds that may be available 
for such purpose: 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 funds made 
available by this paragraph shall be subject to the regular 
notification procedures of the Committees on Appropriations.

                              PROCUREMENT

                        Other Procurement, Army

    For an additional amount for ``Other Procurement, Army'', 
$79,200,000: 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.

                       Aircraft Procurement, Navy

    For an additional amount for ``Aircraft Procurement, Navy'', 
$22,800,000: 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.

            Procurement of Ammunition, Navy and Marine Corps

    For an additional amount for ``Procurement of Ammunition, Navy and 
Marine Corps'', $262,000,000: 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.

                        Other Procurement, Navy

    For an additional amount for ``Other Procurement, Navy'', 
$2,500,000: 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.

                       Procurement, Marine Corps

    For an additional amount for ``Procurement, Marine Corps'', 
$3,500,000: 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.

                    Aircraft Procurement, Air Force

    For an additional amount for ``Aircraft Procurement, Air Force'', 
$93,000,000: 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.

                  Procurement of Ammunition, Air Force

    For an additional amount for ``Procurement of Ammunition, Air 
Force'', $115,000,000: 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.

                      Other Procurement, Air Force

    For an additional amount for ``Other Procurement, Air Force'', 
$752,300,000: 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.

                       Procurement, Defense-wide

    For an additional amount for ``Procurement, Defense-wide'', 
$99,500,000: 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.

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Army

    For an additional amount for ``Research, Development, Test and 
Evaluation, Army'', $8,200,000: 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.

            Research, Development, Test and Evaluation, Navy

    For an additional amount for ``Research, Development, Test and 
Evaluation, Navy'', $19,000,000: 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.

         Research, Development, Test and Evaluation, Air Force

    For an additional amount for ``Research, Development, Test and 
Evaluation, Air Force'', $60,800,000: 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.

        Research, Development, Test and Evaluation, Defense-wide

    For an additional amount for ``Research, Development, Test and 
Evaluation, Defense-wide'', $74,700,000: 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.

                    GENERAL PROVISIONS, THIS CHAPTER

    Sec. 301. (a) The appropriation under the heading ``Research, 
Development, Test and Evaluation, Navy'' in the Department of Defense 
Appropriations Act, 2002 (Public Law 107-117) is amended by adding the 
following proviso immediately after ``September 30, 2003'': ``: 
Provided, That funds appropriated in this paragraph which are available 
for the V-22 may be used to meet unique requirements of the Special 
Operations Forces''.
    (b) The amendment made by subsection (a) shall be effective as if 
enacted as part of the Department of Defense Appropriations Act, 2002.
    Sec. 302. (a) Availability of Amounts for Military Construction 
Relating to Terrorism.--Amounts made available to the Department of 
Defense from funds appropriated in this Act may be used to carry out 
military construction projects, not otherwise authorized by law, that 
the Secretary of Defense determines are necessary to respond to or 
protect against acts or threatened acts of terrorism.
    (b) Notice to Congress.--Not later than 15 days before obligating 
amounts available under subsection (a) for military construction 
projects referred to in that subsection, the Secretary shall notify the 
appropriate committees of Congress of the following:
            (1) the determination to use such amounts for the project; 
        and
            (2) the estimated cost of the project and the accompanying 
        Form 1391.
    (c) Appropriate Committees of Congress Defined.--In this section 
the term ``appropriate committees of Congress'' has the meaning given 
that term in section 2801(4) of title 10, United States Code.
    Sec. 303. Section 8052(b) of the Department of Defense 
Appropriations Act, 2002 (Public Law 107-117) is amended by striking 
out ``will reduce the personnel requirements or financial requirements 
of the department'', and inserting the following in lieu thereof, 
``either (1) will reduce the personnel requirements or the financial 
requirements of the department, or (2) is necessary in response to an 
emergency, including responding to direct threats or incidents of 
terrorism''.
    Sec. 304. Funds appropriated by this Act, or made available by the 
transfer of funds in this Act, for intelligence activities are deemed 
to be specifically authorized by the Congress for purposes of section 
504 of the National Security Act of 1947 (50 U.S.C. 414): Provided, 
That any funds appropriated or transferred to the Central Intelligence 
Agency for agent operations or covert action programs authorized by the 
President under section 503 of the National Security Act of 1947, as 
amended, shall remain available until September 30, 2003.
    Sec. 305. (a) Funds appropriated to the Department of Defense for 
fiscal year 2002 for operation and maintenance under the heading 
``Chemical Agents and Munitions Destruction, Army'', may be used to pay 
for additional costs of international inspectors from the Technical 
Secretariat of the Organization for the Prohibition of Chemical 
Weapons, pursuant to Articles IV and V of the Chemical Weapons 
Convention, for inspections and monitoring of Department of Defense 
sites and commercial sites that perform services under contract to the 
Department of Defense, resulting from the Department of Defense's 
program to accelerate its chemical demilitarization schedule.
    (b) Expenses which may be paid under subsection (a) include--
            (1) salary costs for performance of inspection and 
        monitoring duties;
            (2) travel, including travel to and from the point of entry 
        into the United States and internal United States travel;
            (3) per diem, not to exceed United Nations rates and in 
        compliance with United Nations conditions for per diem for that 
        organization; and
            (4) expenses for operation and maintenance of inspection 
        and monitoring equipment.
    Sec. 306. During the current fiscal year, the restrictions 
contained in subsection (d) of 22 U.S.C. 5952 and section 502 of the 
Freedom Support Act (Public Law 102-511) shall not apply if the 
President certifies in writing to the Speaker of the House of 
Representatives and the President pro tempore of the Senate that 
waiving such restrictions is important to the national security 
interests of the United States.
    Sec. 307. The Secretary of the Army shall obligate and expend the 
$2,000,000 appropriated for the Army by Public Law 107-117 for 
procurement of smokeless nitrocellulose under Activity 1, instead under 
Activity 2, Production Base Support Industrial Facilities, for the 
purpose of preserving a commercially owned and operated capability of 
producing defense grade nitrocellulose at the rate of at least 
10,000,000 pounds per year in order to preserve a commercial 
manufacturing capability for munitions precursor supplies for the High 
Zone Modular Artillery Charge System and to preserve competition in 
that manufacturing capability.
    Sec. 308. Not later than 15 days after the date of the enactment of 
this Act, the Secretary of Defense shall obligate, from funds made 
available in title II of division A of Public Law 107-117 under the 
heading ``Operation and Maintenance, Defense-Wide'' (115 Stat. 2233), 
$4,000,000 for a grant to support the conversion of the Naval Security 
Group, Winter Harbor (the naval base on Schoodic Peninsula), Maine, to 
utilization as a research and education center for Acadia National 
Park, Maine, including the preparation of a plan for the reutilization 
of the naval base for such purpose that will benefit communities in the 
vicinity of the naval base and visitors to Acadia National Park and 
will stimulate important research and educational activities.
    Sec. 309. Of the amount available for fiscal year 2002 for the Army 
National Guard for operation and maintenance, $2,200,000 shall be made 
available for the Army National Guard for information operations, 
information assurance operations, and training for such operations.

                               CHAPTER 4

                          DISTRICT OF COLUMBIA

                             FEDERAL FUNDS

       Federal Payment to the Children's National Medical Center

    For a Federal payment to the Children's National Medical Center in 
the District of Columbia for implementing the District Emergency 
Operations Plan, $13,770,000, to remain available until September 30, 
2003, of which $11,700,000 is for the expansion of quarantine 
facilities, and $2,070,000 is for the establishment of a 
decontamination facility for children and families: 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.

              Federal Payment to the District of Columbia

    For a Federal payment to the District of Columbia to implement the 
District Emergency Operations Plan, $24,730,000, to remain available 
until December 1, 2003, of which $14,730,000 is for public safety 
expenses related to national special security events in the District of 
Columbia and $10,000,000 is for the construction of Containment 
Facilities to support the regional Bioterrorism Hospital Preparedness 
Program: 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.

 Federal Payment to the Washington Metropolitan Area Transit Authority

    For a Federal payment to the Washington Metropolitan Area Transit 
Authority, $25,000,000, to remain available until December 1, 2003, to 
contribute to the creation of a regional transportation back-up 
operations control center: 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.

 Federal Payment to the Metropolitan Washington Council of Governments

    For a Federal payment to the Metropolitan Washington Council of 
Governments, $1,750,000, to remain available until September 30, 2003, 
for support of the Regional Incident Communication and Coordination 
System, as approved by the Council: 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.

  Federal Payment to the Water and Sewer Authority of the District of 
                                Columbia

    For a Federal payment to the Water and Sewer Authority of the 
District of Columbia for emergency preparedness, $3,000,000, to remain 
available until September 30, 2003, of which $250,000 shall be for 
securing fire hydrants and manholes to prevent unauthorized entry, 
$150,000 is to upgrade the hydraulic model, $1,800,000 is for remote 
monitoring of water quality, $700,000 is for design and construction of 
ventilation system improvements, and $100,000 is to create an Incident 
Response Plan: Provided, That the Water and Sewer Authority of the 
District of Columbia may reprogram up to $120,000 between the 
activities specified under this heading if it notifies in writing the 
Committees on Appropriations of the House of Representatives and the 
Senate thirty days in advance of the reprogramming: 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.

                       DISTRICT OF COLUMBIA FUNDS

                           OPERATING EXPENSES

                        Public Education System

                              (rescission)

    Notwithstanding any other provision of law, of the local funds 
appropriated under this heading for public charter schools for the 
fiscal year ending September 30, 2002 in the District of Columbia 
Appropriations Act, 2002, approved December 21, 2001 (Public Law 107-
96), $37,000,000 are rescinded.

                         Human Support Services

    For an additional amount for ``Human Support Services'', 
$37,000,000 from local funds: Provided, That $11,000,000 shall be for 
the Child and Family Services Agency to address increased adoption case 
rates, higher case loads for adoption and emergency group home 
utilization: Provided further, That $26,000,000 shall be for the 
Department of Mental Health to address a Medicaid revenue shortfall.

                       Public Safety and Justice

                              (rescission)

    Notwithstanding any other provision of law, of the local funds 
appropriated under this heading to the Department of Corrections for 
support of the Corrections Information Council in the District of 
Columbia Appropriations Act, 2002 (Public Law 107-96), $100,000 are 
rescinded.

                    Corrections Information Council

    For operations of the Corrections Information Council, $100,000 
from local funds.

                   Governmental Direction and Support

    The Governmental Direction and Support paragraph of the District of 
Columbia Appropriations Act, 2002 (Public Law 107-96), is amended by 
striking: ``Provided further, That not less than $353,000 shall be 
available to the Office of the Corporation Counsel to support increases 
in the Attorney Retention Allowance:'' and inserting: ``Provided 
further, That not less than $353,000 shall be available to the Office 
of the Corporation Counsel to support attorney compensation consistent 
with performance measures contained in a negotiated collective 
bargaining agreement:''.

                    Repayment of Loans and Interest

                              (rescission)

    Of the funds appropriated under this heading for the fiscal year 
ending September 30, 2002 in the District of Columbia Appropriations 
Act, 2002, approved December 21, 2001 (Public Law 107-96), $7,950,000 
are rescinded.
    The paragraph under this heading is amended by striking: 
``Provided, That any funds set aside pursuant to section 148 of the 
District of Columbia Appropriations Act, 2000 (Public Law 106-113; 113 
Stat. 1523) that are not used in the reserve funds established herein 
shall be used for Pay-As-You-Go Capital Funds:'' and inserting: 
``Provided, That any funds set aside pursuant to section 148 of the 
District of Columbia Appropriations Act, 2000 (Public Law 106-113; 113 
Stat. 1523) that are not used in the reserve funds established herein 
shall be used for Pay-As-You-Go Capital Funds upon certification by the 
Chief Financial Officer of the District of Columbia that the funds are 
available and are not required to address potential deficits: Provided 
further, That of those funds necessary to address potential deficits, 
no funds shall be obligated or expended except in accordance with the 
following conditions:
            ``(1) the amounts shall be obligated or expended in 
        accordance with laws enacted by the Council in support of each 
        such obligation or expenditure;
            ``(2) the amounts may not be used to fund the agencies of 
        the District of Columbia government under court-ordered 
        receivership;
            ``(3) the amounts may be obligated or expended only if the 
        Mayor notifies the Committees on Appropriations of the House of 
        Representatives and Senate in writing 30 days in advance of any 
        obligation or expenditure; and
            ``(4) amounts made available to address potential deficits 
        shall remain available until expended:''.

                     Certificates of Participation

    For principal and interest payments on the District's Certificates 
of Participation, issued to finance the facility underlying the 
building located at One Judiciary Square, $7,950,000 from local funds.

                    GENERAL PROVISIONS, THIS CHAPTER

    Sec. 401. The District of Columbia may use up to 1 percent of the 
funds appropriated to the District of Columbia under the Emergency 
Supplemental Act, 2002, to fund the necessary administrative costs to 
carry out that Act, effective January 10, 2002.
    Sec. 402. When the Mayor determines that it is in the best interest 
of the District, the Mayor may procure insurance for property damage 
and tort liability. In addition, when the Chief Financial Officer 
determines that it is in the best interest of the District, the Chief 
Financial Officer may procure insurance subject to his independent 
procurement authority or otherwise recommend the procurement of 
insurance for financial losses resulting from misfeasance or 
malfeasance.
    Sec. 403. Crime Victims Compensation Fund. Section 16(d)(2) of the 
Victims of Violent Crime Compensation Act of 1996 (D.C. Official Code 
4-515(d)(1)), as amended by the Fiscal Year 2002 District of Columbia 
Appropriations Act, Public Law 107-96, is amended to read as follows:
            ``(2) 50 percent of such balance shall be transferred from 
        the Fund to the executive branch of the District government and 
        shall be used without fiscal year limitation for outreach 
        activities designed to increase the number of crime victims who 
        apply for such direct compensation payments.''.
    Sec. 404. Washington Metropolitan Area Transit Authority 
Reprogramming. The Chief Financial Officer of the Washington 
Metropolitan Area Transit Authority may use up to $2,400,000 from funds 
appropriated under Public Law 107-117 under the account, ``Federal 
Payment to the Washington Metropolitan Area Transit Authority'', that 
contains funds for protective clothing and breathing apparatus 
activities, for employee and facility security and completion of the 
fiber optic network project.
    Sec. 405. Transfer Authority for the District of Columbia Courts. 
The District of Columbia Courts may expend up to $12,500,000 to carry 
out the District of Columbia Family Court Act of 2001 from the 
``Federal Payment to the District of Columbia Courts'' account: 
Provided, That such funds may be transferred to the ``Federal Payment 
to the District of Columbia Courts'' account from the ``Federal Payment 
for Family Court Act'' account in reimbursement for such obligations 
and expenditures as are necessary to implement the District of Columbia 
Family Court Act of 2001 for the period from October 1, 2001 to 
September 30, 2002, once funds in the ``Federal Payment for Family 
Court Act'' account become available.
    Sec. 406. Technical Correction to the District of Columbia Family 
Court Act of 2001. Section 11-908A(b)(4) of the District of Columbia 
Code (as added by Public Law 107-114) is amended by striking ``section 
11-1501(b)'' and inserting ``section 433 of the District of Columbia 
Home Rule Act''.
    Sec. 407. Technical Correction to the Fiscal Year 2002 District of 
Columbia Appropriations Act. (a) Under the heading, ``Federal Payment 
to the Thurgood Marshall Academy Charter School'' provided under Public 
Law 107-96, strike ``Anacostia'' and insert ``Southeast, Washington, 
D.C.''.
    (b) Under the heading, ``Federal Payment to Southeastern 
University'' provided under Public Law 107-96, strike everything after 
``a public/private partnership'' and insert in lieu thereof, ``to plan 
a two year associate degree program.''.
    Sec. 408. Technical Correction to the Fiscal Year 2002 District of 
Columbia Appropriations Act. Section 119 of Public Law 107-96 is 
amended to read as follows:
    ``Sec. 119. Acceptance and Use of Grants Not Included in Ceiling. 
(a) In General.--Notwithstanding any other provision of this Act, the 
Mayor, in consultation with the Chief Financial Officer, may accept, 
obligate, and expend Federal, private, and other grants received by the 
District government that are not reflected in the amounts appropriated 
in this Act.
    ``(b) Requirement of Chief Financial Officer Report and Council 
Approval.--No such Federal, private, or other grant may be accepted, 
obligated, or expended pursuant to subsection (a) until--
            ``(1) the Chief Financial Officer of the District of 
        Columbia submits to the Council a report setting forth detailed 
        information regarding such grant; and
            ``(2) the Council has reviewed and approved the acceptance, 
        obligation, and expenditure of such grant. Within 14 calendar 
        days of receipt of the report submitted under paragraph (1) the 
        Council shall be deemed to have provided such approval if no 
        written notice of disapproval is filed with the Secretary to 
        the Council within 14 calendar days of the receipt of the 
        report from the Chief Financial Officer, and no oral notice of 
        disapproval is given during a meeting of the Council during 
        such 14 calendar day period. If notice of disapproval is given 
        during such initial 14 calendar day period, the Council may 
        approve or disapprove the acceptance, obligation or expenditure 
        of the grant by resolution within 30 calendar days of the 
        initial receipt of the report from the Chief Financial Officer, 
        or such certification shall be deemed to be approved.
    ``(c) Prohibition on Spending in Anticipation of Approval or 
Receipt.--No amount may be obligated or expended from the general fund 
or other funds of the District government in anticipation of the 
approval or receipt of a grant under subsection (a) or in anticipation 
of the approval or receipt of a Federal, private, or other grant not 
subject to these provisions.
    ``(d) Quarterly Reports.--The Chief Financial Officer of the 
District of Columbia shall prepare a quarterly report setting forth 
detailed information regarding all Federal, private, and other grants 
subject to these provisions. Each such report shall be submitted to the 
Council of the District of Columbia, and to the Committees on 
Appropriations of the House of Representatives and the Senate, not 
later than 15 days after the end of the quarter covered by the 
report.''.
    Sec. 409. The authority which the Chief Financial Officer of the 
District of Columbia exercised with respect to personnel, procurement, 
and the preparation of fiscal impact statements during a control period 
(as defined in Public Law 104-8) shall remain in effect through July 1, 
2003 or until such time as the District of Columbia Fiscal Integrity 
Act becomes effective, whichever occurs sooner.

                               CHAPTER 5

                      DEPARTMENT OF DEFENSE--CIVIL

                         Department of the Army

                       Corps of Engineers--Civil

                   operation and maintenance, general

    For an additional amount for ``operation and maintenance, 
general'', $32,000,000, to remain available until expended: Provided, 
That using the funds appropriated herein, the Secretary of the Army, 
acting through the Chief of Engineers, is directed to repair, restore, 
and clean-up Corps' projects and facilities and dredge navigation 
channels, restore and clean out area streams, provide emergency 
streambank protection, restore other crucial public infrastructure 
(including sewer and water facilities), document flood impacts and 
undertake other flood recovery efforts deemed necessary and advisable 
by the Chief of Engineers: Provided further, That $10,000,000 of the 
funds provided shall be for Southern West Virginia, Eastern Kentucky, 
and Southwestern Virginia: Provided further, That the remaining 
$22,000,000 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 these 
additional funds shall be available for Western Illinois, Eastern 
Missouri, and the Upper Peninsula of Michigan.
    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Flood Control, 
Mississippi River and Tributaries, Arkansas, Illinois, Kentucky, 
Louisiana, Mississippi, Missouri, and Tennessee'', $6,500,000, to 
remain available until expended, to be obligated from amounts made 
available in Public Law 107-117, Corps of Engineers--Civil, Operations 
and Maintenance, General: Provided, That $6,500,000 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.

                          DEPARTMENT OF ENERGY

                    ATOMIC ENERGY DEFENSE ACTIVITIES

                National Nuclear Security Administration

                           weapons activities

    For an additional amount for ``Weapons Activities'' for emergency 
expenses resulting from the September 11, 2001, terrorist attacks, 
$181,650,000: 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.

                    defense nuclear nonproliferation

    For an additional amount for ``Defense Nuclear Nonproliferation'' 
for emergency activities necessary to support the safeguarding of 
nuclear material internationally, $100,000,000: 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.

                      office of the administrator

    For an additional amount for ``Office of the Administrator'' for 
emergency expenses resulting from the September 11, 2001, terrorist 
attacks, $1,750,000: 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.

               ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES

         Defense Environmental Restoration and Waste Management

    For an additional amount for ``Defense Environmental Restoration 
and Waste Management'' for emergency expenses resulting from the 
September 11, 2001, terrorist attacks, $40,000,000: 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.

                        Other Defense Activities

    For an additional amount for ``Other Defense Activities'' for 
emergency expenses necessary to support energy security and assurance 
activities, $7,000,000: 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.

                    GENERAL PROVISIONS, THIS CHAPTER

                              (rescission)

    Sec. 501. (a) Of the non-defense funds made available to the 
Secretary of Energy under the headings ``Energy Supply'', ``Non-Defense 
Environmental Management'', ``Science'', ``Nuclear Waste Disposal'', 
and ``Departmental Administration'' in Public Law 107-66, $30,000,000 
are rescinded.
    (b) Within 30 days after the date of the enactment of this Act, the 
Director of the Office of Management and Budget shall submit to the 
Committees on Appropriations of the House of Representatives and the 
Senate a listing of the amounts by account of the reductions made 
pursuant to the provisions of subsection (a) of this section.
    Sec. 502. The amounts invested by the non-Federal interests in the 
biomass project at Winona, Mississippi, before the date of enactment of 
this Act shall constitute full satisfaction of the cost-sharing 
requirement under section 3002 of the Energy Policy Act of 1992 (42 
U.S.C. 13542).
    Sec. 503. Section 1 of Public Law 105-204 (112 Stat. 681) is 
amended--
            (1) in subsection (b), by striking ``until the date'' and 
        all that follows and inserting ``until the date that is 30 days 
        after the date on which the Secretary of Energy awards a 
        contract under subsection (c), and no such amounts shall be 
        available for any purpose except to implement the contract.''; 
        and
            (2) by striking subsection (c) and inserting the following:
    ``(c) Contracting Requirements.--
            ``(1) In general.--Notwithstanding any other provision of 
        law (except section 1341 of title 31, United States Code), the 
        Secretary of Energy shall--
                    ``(A) not later than 10 days after the date of 
                enactment of this paragraph, request offerors whose 
                proposals in response to Request for Proposals No. DE-
                RP05-010R22717 (`Acquisition of Facilities and Services 
                for Depleted Uranium Hexalfluoride (DUF6) Conversion 
                Project') were included in the competitive range as of 
                January 15, 2002, to confirm or reinstate the offers in 
                accordance with this paragraph, with a deadline for 
                offerors to deliver reinstatement or confirmation to 
                the Secretary of Energy not later than 20 days after 
                the date of enactment of this paragraph; and
                    ``(B) not later than 30 days after the date of 
                enactment of this paragraph, select for award of a 
                contract the best value of proposals confirmed or 
                reinstated under subparagraph (A), and award a contract 
                for the scope of work stated in the Request for 
                Proposals, including the design, construction, and 
                operation of--
                            ``(i) a facility described in subsection 
                        (a) on the site of the gaseous diffusion plant 
                        at Paducah, Kentucky; and
                            ``(ii) a facility described in subsection 
                        (a) on the site of the gaseous diffusion plant 
                        at Portsmouth, Ohio.
            ``(2) Contract terms.--Notwithstanding any other provision 
        of law (except section 1341 of title 31, United States Code) 
        the Secretary of Energy shall negotiate with the awardee to 
        modify the contract awarded under paragraph (1) to--
                    ``(A) require, as a mandatory item, that 
                groundbreaking for construction occur not later than 
                July 31, 2004, and that construction proceed 
                expeditiously thereafter;
                    ``(B) include as an item of performance the 
                transportation, conversion, and disposition of depleted 
                uranium contained in cylinders located at the Oak Ridge 
                K-25 uranium enrichment facility located in the East 
                Tennessee Technology Park at Oak Ridge, Tennessee, 
                consistent with environmental agreements between the 
                State of Tennessee and the Secretary of Energy; and
                    ``(C) specify that the contractor shall not proceed 
                to perform any part of the contract unless sufficient 
                funds have been appropriated, in advance, specifically 
                to pay for that part of the contract.
            ``(3) Certification of groundbreaking.--Not later than 5 
        days after the date of groundbreaking for each facility, the 
        Secretary of Energy shall submit to Congress a certification 
        that groundbreaking has occurred.
    ``(d) Funding.--
            ``(1) In general.--For purposes of carrying out this 
        section, the Secretary of Energy may use any available 
        appropriations (including transferred unobligated balances).
            ``(2) Authorization of appropriations.--There are 
        authorized to be appropriated, in addition to any funds made 
        available under paragraph (1), such sums as are necessary to 
        carry out this section.''.
    Sec. 504. In addition to amounts previously appropriated, 
$3,000,000 is hereby appropriated for the Department of the Interior, 
Bureau of Reclamation, for ``Water and Related Resources'' for the 
drilling of emergency wells in Santa Fe, New Mexico and shall remain 
available until expended.

                               CHAPTER 6

                     BILATERAL ECONOMIC ASSISTANCE

                  Funds Appropriated to the President

           united states agency for international development

                child survival and health programs fund

    For an additional amount for the ``Child Survival and Health 
Programs Fund'', $200,000,000, to remain available until expended: 
Provided, That such funds shall be made available only for programs for 
the prevention, treatment, and control of, and research on, HIV/AIDS: 
Provided further, That special emphasis shall be given to assistance 
directed at the prevention of transmission of HIV/AIDS from mother to 
child, including medications to prevent such transmission: Provided 
further, That of the funds appropriated by this paragraph, the 
President, in consultation with the Secretary of State, may make such 
contribution as the President considers appropriate to the Global Fund 
to Fight AIDS, Tuberculosis, and Malaria to be used for any of the 
purposes of the Global Fund: Provided further, That funds appropriated 
by this paragraph, other than those made available as a contribution to 
the Global Fund, shall not exceed the total resources provided, 
including on an in-kind basis, from other donors: Provided further, 
That not more than seven percent of the amount of the funds 
appropriated by this paragraph, in addition to funds otherwise 
available for such purpose, may be made available for the 
administrative costs of United States Government agencies in carrying 
out programs funded under this paragraph: Provided further, That funds 
appropriated by this paragraph shall be subject to the regular 
notification procedures of the Committees on Appropriations: 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 
that an official budget request that includes designation of the entire 
amount as an emergency requirement pursuant to section 251(b)(2)(A) of 
the Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended, is transmitted by the President to Congress.

                   international disaster assistance

    For an additional amount for ``International Disaster Assistance'', 
$150,000,000, to remain available until March 31, 2003: Provided, That 
funds appropriated by this paragraph shall be made available for 
emergency expenses for Afghanistan for humanitarian and reconstruction 
activities related to preventing or responding to international 
terrorism, including repairing homes of Afghan citizens that were 
damaged as a result of military operations against al Qaeda and the 
Taliban: Provided further, That of the funds appropriated by this 
paragraph that are available for Afghanistan, up to $2,500,000 may be 
made available, in addition to amounts otherwise available for such 
purposes, for administrative expenses of the United States Agency for 
International Development in support of the provision of such 
assistance: Provided further, That of the funds appropriated by this 
paragraph, $50,000,000 shall be made available for humanitarian, 
refugee and reconstruction assistance for the West Bank and Gaza: 
Provided further, That none of the funds provided in the preceding 
proviso shall be available for assistance for the Palestinian 
Authority: 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 funds appropriated by this 
paragraph shall be subject to the regular notification procedures of 
the Committees on Appropriations.

   operating expenses of the united states agency for international 
                              development

    For an additional amount for ``Operating Expenses of the United 
States Agency for International Development'' for emergency expenses 
for activities related to preventing or responding to international 
terrorism, $5,000,000, to remain available until March 31, 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.

                  Other Bilateral Economic Assistance

                         economic support fund

    For an additional amount for ``Economic Support Fund'' for 
emergency expenses for activities related to preventing or responding 
to international terrorism, $700,000,000, to remain available until 
March 31, 2003: Provided, That of the funds appropriated by this 
paragraph, not less than $3,500,000 shall be made available to support 
programs and activities that provide professional training for 
journalists from Egypt and other countries in the Middle East: Provided 
further, That of the funds appropriated by this paragraph that are made 
available for assistance for Pakistan, not less than $3,500,000 shall 
be made available for programs and activities which support the 
development of independent media in Pakistan: Provided further, That of 
the funds appropriated by this paragraph, $50,000,000 should be made 
available for the Middle East Economic Initiative: Provided further, 
That of the funds appropriated by this paragraph, not less than 
$15,000,000 shall be made available for the establishment and 
administration of an international exchange visitor program for 
secondary school students from countries with significant Muslim 
populations: Provided further, That funds made available pursuant to 
the previous proviso shall not be available for any country that is 
eligible for assistance under the FREEDOM Support Act: Provided 
further, That of the funds appropriated by this paragraph, $200,000,000 
shall be made available for assistance for Israel, all or a portion of 
which may be transferred to, and merged with, funds appropriated by 
this Act under the heading ``nonproliferation, anti-terrorism, demining 
and related programs'' for defensive, non-lethal anti-terrorism 
assistance in accordance with the provisions of chapter 8 of part II of 
the Foreign Assistance Act of 1961: 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 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 Public 
Law 107-115 or any similar provision of law: Provided further, That 
funds appropriated by this paragraph shall be subject to the regular 
notification procedures of the Committees on Appropriations.

    assistance for the independent states of the former soviet union

    For an additional amount for ``Assistance for the Independent 
States of the Former Soviet Union'' for emergency expenses for 
activities related to preventing or responding to international 
terrorism, $110,000,000, to remain available until March 31, 2003: 
Provided, That funds appropriated by this paragraph shall be made 
available for assistance only for Uzbekistan, the Kyrgyz Republic, 
Tajikistan, Kazakstan, and Turkmenistan: Provided further, That of the 
funds appropriated by this paragraph, not less than $7,000,000 shall be 
made available for the development of democratic institutions and the 
protection of human rights, which amount shall be administered by the 
Bureau of Democracy, Human Rights and Labor, Department of State: 
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 funds appropriated by this paragraph shall be 
subject to the regular notification procedures of the Committees on 
Appropriations.

                          Department of State

          international narcotics control and law enforcement

    For an additional amount for ``International Narcotics Control and 
Law Enforcement'' for emergency expenses for activities related to 
preventing or responding to international terrorism, $104,000,000, to 
remain available until March 31, 2003: Provided, That of the funds 
appropriated by this paragraph, not less than $2,500,000 shall be made 
available for the Colombian National Park Service for training, 
equipment and related assistance for park rangers: Provided further, 
That of the funds appropriated by this paragraph, not to exceed 
$4,000,000 shall be made available for law enforcement training for 
Indonesian police forces: Provided further, That funds appropriated by 
this paragraph shall be subject to the regular notification procedures 
of the Committees on Appropriations: 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.

                    migration and refugee assistance

    For an additional amount for ``Migration and Refugee Assistance'' 
for emergency expenses for activities related to preventing and 
responding to international terrorism, $50,000,000, to remain available 
until March 31, 2003: Provided, That funds appropriated by this 
paragraph shall be subject to the regular notification procedures of 
the Committees on Appropriations.

    nonproliferation, anti-terrorism, demining and related programs

    For an additional amount for ``Nonproliferation, Anti-Terrorism, 
Demining and Related Programs'' for emergency expenses for activities 
related to preventing or responding to international terrorism, 
$93,000,000, to remain available until March 31, 2003: Provided, That 
of the funds appropriated by this paragraph, not less than $10,000,000 
shall be made available for humanitarian demining activities: Provided 
further, That of the funds appropriated by this paragraph, not to 
exceed $12,000,000 shall be made available for assistance for 
Indonesia: Provided further, That funds appropriated by this paragraph 
that are made available for assistance for Indonesia may be used only 
to train and equip an Indonesian police unit to prevent or respond to 
international terrorism, and none of the funds appropriated by this 
chapter may be used to provide assistance for members of ``Brimob'' 
Mobile Police Brigade units: Provided further, That of the funds 
appropriated by this paragraph, $2,000,000 shall be made available for 
small arms and light weapons destruction in Afghanistan: Provided 
further, That of the funds appropriated by this paragraph, $1,000,000 
shall be made available for the Nonproliferation and Disarmament Fund: 
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 funds appropriated by this paragraph shall be 
subject to the regular notification procedures of the Committees on 
Appropriations.

                          MILITARY ASSISTANCE

                  Funds Appropriated to the President

                   foreign military financing program

    For an additional amount for ``Foreign Military Financing Program'' 
for emergency expenses for activities related to preventing or 
responding to international terrorism, $347,500,000, to remain 
available until March 31, 2003: Provided, That funds appropriated by 
this paragraph may be made available for assistance only for 
Afghanistan, Pakistan, Nepal, Jordan, Bahrain, Oman, Yemen, Uzbekistan, 
the Kyrgyz Republic, Tajikistan, Kazakhstan, Turkey, Georgia, the 
Philippines, Colombia, Djibouti, Ethiopia, Kenya, and Ecuador: Provided 
further, That funds appropriated by this paragraph should be made 
available to establish, train, and equip a Colombian Army brigade 
dedicated to providing security to civilian prosecutors in operations 
to collect evidence and execute arrest warrants against leaders of 
paramilitary organizations: Provided further, That of the funds 
appropriated by this paragraph, not to exceed $3,500,000 may be made 
available for assistance for the Colombian Armed Forces for purposes of 
protecting the Cano Limon pipeline: Provided further, That prior to the 
obligation of funds under the previous proviso, the Secretary of State 
shall determine and report to the Committee on Appropriations that (i) 
of the Government of Colombia's oil revenues from the Cano Limon 
pipeline, an appropriate percentage will be made available for primary 
health care, basic education, microenterprise, and other programs and 
activities to improve the lives of the people of Arauca department and 
that a transparent mechanism exists to effectively monitor such funds, 
and (ii) Occidental Petroleum and Repsol have each agreed in writing to 
refund to the United States Government an amount, based upon each 
company's financial interest in the pipeline, equal to the percentage 
that each such share represents of the amount of funds made available 
by this Act to the Colombian Armed Forces for purposes of protecting 
the Cano Limon pipeline: Provided further, That the amounts refunded 
pursuant to an agreement entered into pursuant to the previous proviso 
shall be made available for any of the programs and activities 
identified in clause (i) to improve the lives of the Colombian people 
without further appropriation by Congress: Provided further, That funds 
made available by this Act for assistance for Uzbekistan may be made 
available if the Secretary of State determines and reports to the 
Committees on Appropriations that Uzbekistan is making substantial and 
continuing progress in meeting its commitments under the ``Declaration 
on the Strategic Partnership and Cooperation Framework Between the 
Republic of Uzbekistan and the United States of America'': 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 funds appropriated by this paragraph that are made 
available for Afghanistan may be made available notwithstanding section 
512 of Public Law 107-115 or any similar provision of law: Provided 
further, That funds appropriated by this paragraph shall be subject to 
the regular notification procedures of the Committees on 
Appropriations.

                        peacekeeping operations

    For an additional amount for ``Peacekeeping Operations'' for 
emergency expenses for activities related to preventing or responding 
to international terrorism, $20,000,000, to remain available until 
March 31, 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 funds appropriated by this paragraph 
shall be available only for Afghanistan, and may be made available 
notwithstanding section 512 of Public Law 107-115 or any similar 
provision of law: Provided further, That funds appropriated by this 
paragraph shall be subject to the regular notification procedures of 
the Committees on Appropriations.

                    MULTILATERAL ECONOMIC ASSISTANCE

                  Funds Appropriated to the President

                  international financial institutions

                              (rescission)

    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.

                    GENERAL PROVISIONS, THIS CHAPTER

    Sec. 601. International Organizations and Programs. Section 576 of 
Public Law 107-115 is amended--
            (1) in subsection (a) by striking ``not more than''; and
            (2) by adding the following new subsection:
    ``(d) Obligation and Disbursement.--Funds made available pursuant 
to subsection (a) shall be obligated and disbursed not later than July 
10, 2002, unless otherwise prohibited by law.''.
    Sec. 602. Eligibility Conditions. (a) Prior to providing assistance 
to a government with funds appropriated by this chapter, the Secretary 
of State shall take into account whether such government has 
established, or is making substantial progress in establishing--
            (1) the rule of law, political pluralism including the 
        establishment of political parties, respect for fundamental 
        human rights including freedoms of expression, religion and 
        association, and the rights to due process, a fair trial, and 
        equal protection under the law;
            (2) democratic institutions, independent media, credible 
        electoral processes, and conditions for the development of an 
        active civil society;
            (3) a market-based economy, and economic policies to reduce 
        poverty and increase the availability of health care and 
        educational opportunities; and
            (4) effective mechanisms to combat corruption and bribery, 
        such as signing and implementing the Convention on Combating 
        Bribery of Foreign Public Officials in International Business 
        Transactions.
    (b) Nothing in this section shall apply to funds appropriated under 
this chapter for assistance for Afghanistan or under the heading 
``International Disaster Assistance''.
    Sec. 603. Colombia. (a) Counter-terrorism Authority.--In fiscal 
year 2002, funds available to the Department of State under the heading 
``Andean Counterdrug Initiative'' in Public Law 107-115 for assistance 
for the Colombian Armed Forces and the Colombian National Police, funds 
appropriated by this Act that are made available for such assistance, 
and unexpired balances and assistance previously provided from prior 
Acts making appropriations for foreign operations, export financing, 
and related programs for such assistance, shall be available to support 
the Colombian Government's unified campaign against narcotics 
trafficking and against paramilitary and guerrilla organizations 
designated as terrorist organizations in that country.
    (b) In order to ensure the effectiveness of United States support 
for such unified campaign, prior to the exercise of the authority 
contained in subsection (a) to provide counter-terrorism assistance, 
the Secretary of State shall report to the appropriate congressional 
committees that--
            (1) the newly elected President of Colombia has--
                    (A) committed, in writing, to establish 
                comprehensive policies to combat illicit drug 
                cultivation, manufacturing, and trafficking 
                (particularly with respect to providing economic 
                opportunities that offer viable alternatives to illicit 
                crops) and to restore government authority and respect 
                for human rights in areas under the effective control 
                of paramilitary and guerrilla organizations;
                    (B) committed, in writing, to implement significant 
                budgetary and personnel reforms of the Colombian Armed 
                Forces; and
                    (C) committed, in writing, to support substantial 
                additional Colombian financial and other resources to 
                implement such policies and reforms, particularly to 
                meet the country's previous commitments under ``Plan 
                Colombia''; and
            (2) no United States Armed Forces personnel or United 
        States civilian contractor employed by the United States will 
        participate in any combat operation in connection with 
        assistance made available under this Act or any other Act.
    (c) Report.--The authority provided in subsection (a) shall cease 
to be effective if the Secretary of State has credible evidence that 
the Colombian Armed Forces are not conducting vigorous operations to 
restore government authority and respect for human rights in areas 
under the effective control of paramilitary and guerrilla 
organizations.
    (d) Provisions of Law That Remain Applicable.--Sections 556, 567, 
and 568 of Public Law 107-115, section 8093 of the Department of 
Defense Appropriations Act, 2002, and the numerical limitations on the 
number of United States military personnel and United States individual 
civilian contractors in section 3204(b)(1) of Public Law 106-246, as 
amended, shall be applicable to funds made available pursuant to the 
authority contained in subsection (a) and to funds made available 
elsewhere in this Act that are made available for assistance for the 
Colombian Armed Forces and the Colombian National Police.

                              (rescission)

    Sec. 604. (a) Of the funds appropriated under the heading ``Export-
Import Bank of the United States'' that are available for tied-aid 
grants in title I of Public Law 107-115 and under such heading in prior 
Acts making appropriations for foreign operations, export financing, 
and related programs, $50,000,000 are rescinded.
    (b) Of the funds appropriated under the heading ``Economic Support 
Fund'' in title II of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 2000 (as contained in Public Law 
106-113) and in prior Acts making appropriations for foreign 
operations, export financing, and related programs, $25,000,000 are 
rescinded.
    Sec. 605. Of the amounts appropriated to the President for the 
United States Agency for International Development (USAID) for the 
fiscal year 2002 and made available for the Ocean Freight Reimbursement 
Program of USAID, $300,000 shall be made available to the National 
Forum Foundation to implement the TRANSFORM Program to obtain available 
space on commercial ships for the shipment of humanitarian assistance 
to needy foreign countries.
    Sec. 606. Not later than 45 days after the date of the enactment of 
this Act, the President shall transmit to the Committee on 
Appropriations and the Committee on International Relations of the 
House of Representatives and the Committee on Appropriations and the 
Committee on Foreign Relations of the Senate a report setting forth a 
strategy for meeting the immediate and long-term security needs of 
Afghanistan in order to promote safe and effective delivery of 
humanitarian and other assistance throughout Afghanistan, further the 
rule of law and civil order, and support the formation of a 
functioning, representative Afghan national government.

                               CHAPTER 7

                       DEPARTMENT OF THE INTERIOR

                United States Fish and Wildlife Service

                          resource management

    For an additional amount for ``Resource Management'', $412,000, to 
remain available until expended, to reimburse homeland security-related 
costs: Provided, That the Congress designates the entire amount as an 
emergency requirement pursuant to section 251(b)(2)(A) of the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended.

                              construction

    For an additional amount for ``Construction'', $3,125,000, to 
remain available until expended, for facility and safety improvements 
related to homeland security: Provided, That the Congress designates 
the entire amount as an emergency requirement pursuant to section 
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act 
of 1985, as amended.

                         National Park Service

                              construction

    For an additional amount for ``Construction'', $17,651,000, to 
remain available until expended: Provided, That the Congress designates 
the entire amount as an emergency requirement pursuant to section 
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act 
of 1985, as amended.

                    United States Geological Survey

                 surveys, investigations, and research

    For an additional amount for ``Surveys, Investigations, and 
Research'', $26,776,000, to remain available until expended, of which 
$20,000,000 is for high resolution mapping and imagery of the Nation's 
strategic cities, and of which $6,776,000 is for data storage 
infrastructure upgrades and emergency power supply system improvements 
at the Earth Resources Observation Systems Data Center: Provided, That 
the Congress designates the entire amount as an emergency requirement 
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended.

                        Bureau of Indian Affairs

                      operation of indian programs

                              (rescission)

    Of the funds provided under this heading in Public Law 107-20 for 
electric power operations and related activities at the San Carlos 
Irrigation Project, $10,000,000 are rescinded.

                          Departmental Offices

                        departmental management

                         salaries and expenses

    For an additional amount for ``Departmental Management, Salaries 
and Expenses'', for security enhancements, $7,030,000, to remain 
available until expended, of which not to exceed $4,130,000 may be 
transferred by the Secretary to any office within the Department of the 
Interior other than the Bureau of Reclamation: Provided, That the 
Congress designates the entire amount as an emergency requirement 
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended.

                             RELATED AGENCY

                       DEPARTMENT OF AGRICULTURE

                             Forest Service

                  capital improvement and maintenance

    For an additional amount for ``Capital Improvement and 
Maintenance'', $3,500,000, to remain available until expended, for 
facility enhancements to protect property from acts of terrorism, 
vandalism, and theft: Provided, That the Congress designates the entire 
amount as an emergency requirement pursuant to section 251(b)(2)(A) of 
the Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended.

                          OTHER RELATED AGENCY

                        Smithsonian Institution

                              construction

    For an additional amount for ``Construction'', $2,000,000, to 
remain available until expended, for planning, design, and construction 
of an alcohol collections storage facility at the Museum Support 
Center: Provided, That the Congress designates the entire amount as an 
emergency requirement pursuant to section 251(b)(2)(A) of the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended.

                    GENERAL PROVISIONS, THIS CHAPTER

    Sec. 701. The Department of the Interior and Related Agencies 
Appropriations Act, 2002 (Public Law 107-63), under the head ``Minerals 
Management Service, Royalty and Offshore Minerals Management'' is 
amended by striking the word ``and'' immediately following the word 
``points,'' in the sixth proviso, and by inserting immediately after 
the word ``program'' in the sixth proviso ``, or under its authority to 
transfer oil to the Strategic Petroleum Reserve'', and by inserting at 
the end of the sixth proviso immediately preceding the colon, the 
following, ``and to recover MMS transportation costs, salaries and 
other administrative costs directly related to filling the Strategic 
Petroleum Reserve''.
    Sec. 702. In entering into agreements with foreign countries 
pursuant to the Wildfire Suppression Assistance Act (42 U.S.C. 1856m) 
the Secretary of Agriculture and the Secretary of the Interior are 
authorized to enter into reciprocal agreements in which the individuals 
furnished under said agreements to provide wildfire services are 
considered, for purposes of tort liability, employees of the country 
receiving said services when the individuals are fighting fires. The 
Secretary of Agriculture or the Secretary of the Interior shall not 
enter into any agreement under this provision unless the foreign 
country (either directly or through its fire organization) agrees to 
assume any and all liability for the acts or omissions of American 
firefighters engaged in firefighting in a foreign country. When an 
agreement is reached for furnishing fire fighting services, the only 
remedies for acts or omissions committed while fighting fires shall be 
those provided under the laws of the host country and those remedies 
shall be the exclusive remedies for any claim arising out of fighting 
fires in a foreign country. Neither the firefighter, the sending 
country nor any organization associated with the firefighter shall be 
subject to any action whatsoever pertaining to or arising out of 
fighting fires: Provided, That the Secretary of Agriculture shall draft 
and submit to Congress legislation implementing the agreement recently 
reached between the interested parties, including the Department of 
Justice and the Department of Agriculture, regarding management of the 
Black Hills National Forest which shall include actions for protection 
of resources and communities from fire.

                               CHAPTER 8

                          DEPARTMENT OF LABOR

                 Employment and Training Administration

                    training and employment services

    For an additional amount for ``Training and Employment Services'', 
$400,000,000, of which $200,000,000 is available for obligation through 
June 30, 2004 for carrying out sections 171(d) and 173 of the Workforce 
Investment Act, except that not more than $20,000,000 may be used for 
carrying out section 171(d); of which $80,000,000 is available for 
obligation through June 30, 2003 for carrying out section 132(a)(2)(B) 
of such Act; of which $10,000,000 is available for obligation through 
June 30, 2004, and shall be transferred to ``Economic Development 
Assistance Programs'', Economic Development Administration, Department 
of Commerce, for economic development assistance authorized by the 
Public Works and Economic Development Act of 1965, as amended, 
including $8,300,000 for ``Public Works'' investments and $1,700,000 
for ``Planning'' investments; and of which $110,000,000 is available 
for obligation July 1, 2001 through June 30, 2002 for carrying out 
section 132(a)(2)(B) of the Workforce Investment Act notwithstanding 
sections 132(b)(2)(B) and 133(b)(2)(B) of such Act and shall be 
allotted and allocated in a manner that restores to the affected States 
and local workforce investment areas the $110,000,000 that was subject 
to rescission under Public Law 107-20: 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 notwithstanding 
any other provision of law, the Governor of the State may include 
information on local area unexpended balances in determining allocation 
of the funding to local areas made available through June 30, 2003, 
under this head, for carrying out section 132(a)(2)(B) of the Workforce 
Investment Act.

             Occupational Safety and Health Administration

                         salaries and expenses

    Of the funds provided under this heading in Public Law 107-116 for 
Occupational Safety and Health Administration training grants, 
$1,000,000 shall be used to restore reductions in Institutional 
Competency Building training grants which commenced in September 2000, 
for program activities ending September 30, 2002 and $4,275,000 shall 
be used to extend funding for these same Institutional Competency 
Building training grants for program activities for the period of 
September 30, 2002 to September 30, 2003, and $5,900,000 shall be used 
to extend funding for targeted training grants which commenced in 
September 2001 for program activities for the period of September 30, 
2002 to September 30, 2003, provided that a grantee has demonstrated 
satisfactory performance.

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

              Health Resources and Services Administration

                     health resources and services

    The matter preceding the first proviso under this heading in Public 
Law 107-116 is amended--
            (1) by inserting ``IV,'' after ``titles II, III,''; and
            (2) by striking ``$311,978,000'' and inserting 
        ``$315,333,000''.

               Centers for Disease Control and Prevention

                disease control, research, and training

    For emergency expenses necessary to support activities related to 
countering potential biological, disease, and chemical threats to 
civilian populations and for carrying out title III of the Public 
Health Service Act, $315,000,000, to be available until expended. Of 
this amount, $37,000,000 shall be for improving security, including 
information technology security, and $278,000,000 shall be for 
equipment and construction and renovation of facilities in Atlanta: 
Provided, That notwithstanding any other provision of law, a single 
contract or related contracts for development and construction of 
facilities may be employed which collectively include the full scope of 
the project: Provided further, That the solicitation and contract shall 
contain the clause ``availability of funds'' found at 48 CFS 52.232-18: 
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.

                     National Institutes of Health

                        buildings and facilities

                         (including rescission)

    Of the funds provided under this heading in Public Law 107-116, 
$30,000,000 are rescinded.
    For emergency expenses necessary to support activities related to 
countering potential biological, disease, and chemical threats to 
civilian populations, and for the study of, construction of, renovation 
of, and acquisition of equipment for, facilities of or used by the 
National Institutes of Health, including the acquisition of real 
property, $72,000,000 to remain available until expended: Provided, 
That notwithstanding any other provision of law, a single contract or 
related contracts for the development and construction of facilities 
may be employed which collectively include the full scope of the 
project: Provided further, That the solicitation and contract shall 
contain the clause ``availability of funds'' found at 48 CFS 52.232-18: 
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.

               Centers for Medicare and Medicaid Services

                           program management

    That of the funds made available under this heading in Public Law 
107-116, $1,000,000 shall be awarded to the Johns Hopkins School of 
Medicine for activities associated with an in-home study of self-
administered high frequency chest oscillation therapy for patients with 
chronic obstructive pulmonary disease.

                        Office of the Secretary

            public health and social services emergency fund

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States for ``Public Health and Social 
Services Emergency Fund'' for baseline and follow-up screening, long-
term health monitoring and analysis for the emergency services 
personnel and rescue and recovery personnel, $90,000,000, to remain 
available until expended, of which no less than $25,000,000 shall be 
available for current and retired firefighters: 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.

                        DEPARTMENT OF EDUCATION

                      school improvement programs

    The matter under this heading in Public Law 107-116 is amended by 
inserting before the period, ``: Provided further, That of the amount 
made available under subpart 8, part D, title V of the ESEA, $2,300,000 
shall be available for Digital Educational Programming Grants''.
    Of the funds provided under this heading in Public Law 107-116 to 
carry out the Elementary and Secondary Education Act of 1965, 
$832,889,000 shall be available to carry out part D of title V, and up 
to $11,500,000 may be used to carry out section 2345.
    In the statement of the managers of the committee of conference 
accompanying H.R. 3061 (Public Law 107-116; House Report 107-342), in 
the matter relating to the Fund for the Improvement of Education under 
the heading ``School Improvement Programs''--
            (1) the provision specifying $200,000 for Fresno At-Risk 
        Youth Services and the provision specifying $225,000 for the 
        Fresno Unified School District shall be applied by substituting 
        the following for the two provisions: ``Fresno Unified School 
        District, Fresno, California, in partnership with the City of 
        Fresno, California, for activities to address the problems of 
        at-risk youth, including afterschool activities and a mobile 
        science unit, $425,000'';
            (2) the provision specifying $50,000 for the Lewiston-
        Auburn College/University of Southern Maine shall be deemed to 
        read as follows: ``Lewiston-Auburn College/University of 
        Southern Maine TEAMS program to prepare teachers to meet the 
        demands of Maine's 21st century elementary and middle schools, 
        $50,000'';
            (3) the provision specifying $250,000 for the Wellington 
        Public School District, Wellington, KS, shall be deemed to read 
        as follows: ``Wellington Public School District, Wellington, 
        KS, for after school activities, $250,000'';
            (4) the provision specifying $200,000 for the Vermont 
        Higher Education Council shall be deemed to read as follows: 
        ``Vermont Higher Education Consortium to develop universal 
        early learning programs to ensure that at least one certified 
        teacher will be available in center-based child care programs, 
        $200,000'';
            (5) the provision specifying $250,000 for Education Service 
        District 117 in Wenatchee, WA, shall be deemed to read as 
        follows: ``Education Service District 171 in Wenatchee, WA, to 
        equip a community technology center to expand technology-based 
        training, $250,000'';
            (6) the provision specifying $1,000,000 for the Electronic 
        Data Systems Project shall be deemed to read as follows: 
        ``Washington State Department of Education for an electronic 
        data systems project to create a database that would improve 
        the acquisition, analysis and sharing of student information, 
        $1,000,000'';
            (7) the provision specifying $250,000 for the YMCA of 
        Seattle-King-Snohomish County shall be deemed to read as 
        follows: ``YWCA of Seattle-King County-Snohomish County to 
        support women and families through an at-risk youth center and 
        other family supports, $250,000'';
            (8) the provision specifying $50,000 for Drug Free 
        Pennsylvania shall be deemed to read as follows: ``Drug Free 
        Pennsylvania to implement a demonstration project, $50,000'';
            (9) the provision specifying $20,000,000 for the 
        Commonwealth of Pennsylvania Department of Education shall be 
        deemed to read as follows: ``$20,000,000 is included for a 
        grant to the Commonwealth of Pennsylvania Department of 
        Education to provide assistance, through subgrants, to low-
        performing school districts that are slated for potential 
        takeover and/or on the Education Empowerment List as prescribed 
        by Pennsylvania State Law. The initiative is intended to 
        improve the management and operations of the school districts; 
        assist with curriculum development; provide after-school, 
        summer and weekend programs; offer teacher and principal 
        professional development and promote the acquisition and 
        effective use of instructional technology and equipment'';
            (10) the provision specifying $150,000 for the American 
        Theater Arts for Youth, Inc., Philadelphia, PA, for a 
        Mississippi Arts in Education Program shall be deemed to read 
        as follows: ``American Theater Arts for Youth, Inc., for a 
        Mississippi Arts in Education program, $150,000'';
            (11) the provision specifying $340,000 for the Zero to Five 
        Foundation, Los Angeles, California, shall be deemed to read as 
        follows: ``Zero to Five Foundation, Los Angeles, California, to 
        develop an early childhood education and parenting project, 
        $340,000'';
            (12) the provision specifying $900,000 for the University 
        of Nebraska, Kearney, Nebraska, shall be deemed to read as 
        follows: ``University of Nebraska, Kearney, Nebraska, for a 
        Minority Access to Higher Education Program to address the 
        special needs of Hispanic and other minority populations from 
        grades K-12, $900,000'';
            (13) the provision specifying $25,000 for the American 
        Theater Arts for Youth for an Arts in Education program shall 
        be deemed to read as follows: ``American Theater Arts for 
        Youth, Inc., in Philadelphia, Pennsylvania, for an Arts in 
        Education program, $25,000''; and
            (14) the provision specifying $50,000 for the Lewiston-
        Auburn College/University of Southern Maine shall be deemed to 
        read as follows: ``Lewiston-Auburn College/University of 
        Southern Maine CLASS program to prepare teachers to meet the 
        demands of Maine's 21st century elementary and middle schools, 
        $50,000''.

                      student financial assistance

    For an additional amount for ``Student Financial Assistance'' for 
carrying out subpart 1 of part A of title IV of the Higher Education 
Act of 1965, as amended, $1,000,000,000, to remain available through 
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.

                            higher education

    In the statement of the managers of the committee of conference 
accompanying H.R. 3061 (Public Law 107-116; House Report 107-342), in 
the matter relating to the Fund for the Improvement of Postsecondary 
Education under the heading ``Higher Education''--
            (1) the provision for Nicholls State University, Thibodaux, 
        LA, shall be applied by substituting ``Intergenerational'' for 
        ``International'';
            (2) the provision specifying $1,000,000 for the George J. 
        Mitchell Scholarship Research Institute shall be deemed to read 
        as follows: ``George J. Mitchell Scholarship Research Institute 
        in Portland, Maine, for an endowment to provide scholarships 
        that allow students attending public schools in Maine to 
        continue their education, $1,000,000'';
            (3) the provision specifying $10,000,000 for the Shriver 
        Peace Worker Program, Inc. shall be deemed to read as follows: 
        ``Shriver Peace Worker Program, Inc. to establish the Sargent 
        Shriver Peace Center, which may include establishing an 
        endowment for such center, for the purpose of supporting 
        graduate research fellowships, professorships, and grants and 
        scholarships for students related to peace studies and social 
        change, $10,000,000''; and
            (4) the provision specifying $1,000,000 for Cleveland State 
        University shall be deemed to read as follows: ``Cleveland 
        State University, College of Education, Cleveland, Ohio, for a 
        K-16 Urban School Leadership initiative, $1,000,000''.

             education research, statistics, and assessment

    The matter under this heading in Public Law 107-116, is amended by 
inserting before the period the following new proviso: ``: Provided 
further, That $5,000,000 shall be available to extend for one 
additional year the contract for the Eisenhower National Clearinghouse 
for Mathematics and Science Education authorized under section 
2102(a)(2) of the Elementary and Secondary Education Act of 1965, prior 
to its amendment by the No Child Left Behind Act of 2001, Public Law 
107-110''.

                    GENERAL PROVISIONS, THIS CHAPTER

    Sec. 801. The Elementary and Secondary Education Act of 1965 is 
hereby amended in section 8003 by amending subsection 
(b)(2)(D)(ii)(III) to read as follows: ``For a local educational agency 
that does not qualify under (B)(i)(II)(aa) of this subsection and has 
an enrollment of more than 100 but not more than 1,000 children 
described in subsection (a)(1), the Secretary shall calculate the total 
number of weighted student units for purposes of subsection (a)(2) by 
multiplying the number of such children by a factor of 1.25.''.
    Sec. 802. The Elementary and Secondary Education Act of 1965 is 
hereby amended in section 8003(b)(1) by adding the following as 
subparagraph (G):
                    ``(G) Beginning with fiscal year 2002, for the 
                purpose of calculating a payment under this paragraph 
                for a local educational agency whose local contribution 
                rate was computed under subparagraph (C)(iii) for the 
                previous year, the Secretary shall use a local 
                contribution rate that is not less than 95 percent of 
                the rate that the LEA received for the preceding 
                year.''.
    Sec. 803. Amounts made available in Public Law 107-116 for the 
administrative and related expenses for departmental management for the 
Department of Labor, the Department of Health and Human Services, and 
the Department of Education, shall be reduced on a pro rata basis by 
$45,000,000: Provided, That this provision shall not apply to the Food 
and Drug Administration and the Indian Health Service: Provided 
further, That not later than 15 days after the enactment of this Act, 
the Director of the Office of Management and Budget shall report to the 
House and Senate Committees on Appropriations the accounts subject to 
the pro rata reductions and the amount to be reduced in each account.
    Sec. 804. The Higher Education Amendments of 1998 are hereby 
amended in section 821 as follows:
            (1) in subsection (b), by striking ``25'' and inserting 
        ``35'';
            (2) in subsection (e)(3), by striking ``$1,500'' and 
        inserting ``$2,000''; and
            (3) in subsection (f) by striking ``25'' and inserting 
        ``35''.
    Sec. 805. (a) Section 487 of the Public Health Service Act (42 
U.S.C. 288) is amended by striking ``National Research Service Awards'' 
or ``National Research Service Award'' each place either appears and 
inserting in lieu thereof ``Ruth L. Kirschstein National Research 
Service Awards'' or ``Ruth L. Kirschstein National Research Service 
Award'' as appropriate.
    (b) The heading for Section 487 of the Public Health Service Act 
(42 U.S.C. 288) is amended to read as follows: ``Ruth L. Kirschstein 
National Research Service Awards''.
    (c) Any reference in any law (other than this Act), regulation, 
document, record, map, or other paper of the United States to 
``National Research Service Awards'' shall be considered to be a 
reference to ``Ruth L. Kirschstein National Research Service Awards''.
    Sec. 806. None of the funds provided by this or any other Act may 
be used to enforce the amendments made by section 166 of the Community 
Renewal Tax Relief Act of 2000 on the State of Alaska, including the 
imposition of any penalties.
    Sec. 807. Local Educational Agency Serving New York City. 
Notwithstanding section 1124(c)(2) of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 6333(c)(2)), for fiscal year 2002, if 
the local educational agency serving New York City receives an 
allocation under section 1124 of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 6333) in an amount that is greater than the 
amount received by the agency under section 1124 of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 6333) for fiscal year 2001, 
then--
            (1) the agency shall distribute any funds in excess of the 
        amount of the fiscal year 2001 allocation on an equal per-pupil 
        basis consistent with section 1113(c) of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 6313(c)); and
            (2) each county in New York City shall receive an amount 
        from the agency that is not less than the amount the county 
        received in fiscal year 2001.
    Sec. 808. In the statement of the managers of the committee of 
conference accompanying the fiscal year 2001 Labor, Health and Human 
Services, and Education appropriations bill (Public Law 106-554; House 
Report 106-1033), the provision specifying $464,000 for the Bethel 
Native Corporation worker demonstration project shall be deemed to read 
as follows: ``for the Alaska CHAR vocational training program, $100,000 
and $364,000 for the Yuut Elitnauvriat People's Learning Center in 
Bethel, Alaska for vocational training for Alaska Natives.

                               CHAPTER 9

                           LEGISLATIVE BRANCH

                              JOINT ITEMS

                          Capitol Police Board

                             capitol police

                            general expenses

    For an additional amount for the Capitol Police Board for necessary 
expenses of the Capitol Police, including security equipment and 
installation, supplies, materials and contract services, $3,600,000, to 
be disbursed by the Capitol Police Board or their designee: 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.

                          LIBRARY OF CONGRESS

                            Copyright Office

                         salaries and expenses

    For an additional amount for ``Copyright Office, Salaries and 
expenses'', $7,500,000, 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 the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended.

                    GENERAL PROVISIONS, THIS CHAPTER

    Sec. 901. The amount otherwise made available under section 506 of 
the Supplemental Appropriations Act, 1973 (2 U.S.C. 58) for fiscal year 
2002 to any Senator from the Senators' Official Personnel and Office 
Expense Account shall be increased by the amount (not in excess of 
$20,000) which the Senator certifies in a written request to the 
Secretary of the Senate made not later than September 30, 2002, as 
being necessary for the payment or reimbursement of expenditures 
incurred or obligated during fiscal year 2002 that--
            (1) are otherwise payable from such account, and
            (2) are directly related to responses to the terrorist 
        attacks of September 11, 2001, or the discovery of anthrax in 
        the Senate complex and the displacement of Senate offices due 
        to such discovery.
    Sec. 902. (a) Chapter 9 of the Emergency Supplemental Act, 2002 
(Public Law 107-117; 115 Stat. 2315), is amended--
            (1) in section 901 (a), by striking ``buildings and 
        facilities'' and insert ``buildings and facilities, subject to 
        the availability of appropriations,''.
    (b) Section 9 of the Act of July 31, 1946 (40 U.S.C. 212a), is 
amended by redesignating the subsection (b) added by section 903(c)(2) 
of the Emergency Supplemental Act, 2002, as subsection (c).
    (c) The amendment made by this section shall take effect as if 
included in the enactment of the Emergency Supplemental Act, 2002.
    Sec. 903. (a) Section 909(a) of chapter 9 of the Emergency 
Supplemental Act, 2002 (40 U.S.C. 207b-2; Public Law 107-117; 115 Stat. 
2320) (in this section referred to as the ``Act'') is amended--
            (1) in paragraph (1), by striking ``determines that the 
        Capitol Police would be likely, in the absence of such a bonus, 
        to encounter difficulty in filling the position'' and inserting 
        ``, in the sole discretion of the Board, determines that such a 
        bonus will assist the Capitol Police in recruitment efforts''; 
        and
            (2) by adding at the end the following:
            ``(6) Determinations not appealable or reviewable.--Any 
        determination of the Board under this subsection shall not be 
        appealable or reviewable in any manner.''.
    (b) Section 909(b) of the Act is amended--
            (1) in paragraph (1)--
                    (A) by striking subparagraphs (A) and (B); and
                    (B) by striking ``if--'' and inserting ``if the 
                Board, in the sole discretion of the Board, determines 
                that such a bonus will assist the Capitol Police in 
                retention efforts.''; and
            (2) in paragraph (3), by striking ``the reduction or the 
        elimination of a retention allowance may not be appealed'' and 
        inserting ``any determination of the Board under this 
        subsection, or the reduction or elimination of a retention 
        allowance, shall not be appealable or reviewable in any 
        manner''.
    (c) Section 909 of the Act is amended--
            (1) by redesignating subsections (f) and (g) as subsections 
        (g) and (h), respectively; and
            (2) by inserting after subsection (e) the following:
    ``(f) Tuition Allowances.--The Capitol Police Board may authorize 
the Chief to pay tuition allowances for payment or reimbursement of 
education expenses in the same manner and to the same extent as 
retention allowances under subsection (b).''.
    Sec. 904. (a) The Architect of the Capitol is authorized, subject 
to the availability of appropriations, to acquire (through purchase, 
lease, or otherwise) buildings and facilities for use as computer 
backup facilities (and related uses) for offices in the legislative 
branch.
    (b) The acquisition of a building or facility under subsection (a) 
shall be subject to the approval of--
            (1) the House Office Building Commission, in the case of a 
        building or facility acquired for the use of an office of the 
        House of Representatives;
            (2) the Committee on Rules and Administration of the 
        Senate, in the case of a building or facility acquired for the 
        use of an office of the Senate; or
            (3) the House Office Building Commission and the Committee 
        on Rules and Administration of the Senate, in the case of a 
        building or facility acquired for the use of any other office 
        in the legislative branch.
    (c) Any building or facility acquired by the Architect of the 
Capitol pursuant to subsection (a) shall be a part of the United States 
Capitol Grounds and shall be subject to the provisions of the Act 
entitled ``An Act to define the area of the United States Capitol 
Grounds, to regulate the use thereof, and for other purposes'', 
approved July 31, 1946.
    (d) This section shall apply with respect to fiscal year 2002 and 
each succeeding fiscal year.

                               CHAPTER 10

                      DEPARTMENT OF TRANSPORTATION

                 Transportation Security Administration

    For additional amounts for emergency expenses to ensure 
transportation security, $4,702,525,000, 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 the Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended: Provided further, That of the amounts provided under this 
head, $200,000,000 shall be for port security grants under the same 
terms and conditions as provided for under Public Law 107-117; 
$20,000,000 shall be used to enable the Under Secretary for 
Transportation Security to make grants and enter into contracts to 
enhance security for intercity bus operations; and $27,945,000 shall be 
used to enable said Under Secretary to make grants, enter into 
contracts and execute interagency agreements for the purpose of 
deploying Operation Safe Commerce.

                            U.S. Coast Guard

                           operating expenses

    For an additional amount for ``Operating Expenses'' for emergency 
expenses for homeland security, $318,400,000, 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.

              acquisition, construction, and improvements

    For an additional amount for ``Acquisition, Construction, and 
Improvements'' for emergency expenses for homeland security, 
$347,700,000, to remain available until September 30, 2004: 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.

                    Federal Aviation Administration

                               operations

    For an additional amount for ``Operations'', $100,000,000, for 
security activities at Federal Aviation Administration facilities: 
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.

                        facilities and equipment

                    (airport and airway trust fund)

    For an additional amount for ``Facilities and Equipment'', 
$15,000,000, to be derived from the Airport and Airway Trust Fund and 
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.

                       grants-in-aid for airports

                    (airport and airway trust fund)

    For an additional amount to enable the Federal Aviation 
Administrator to compensate airports for the direct costs associated 
with new, additional or revised security requirements imposed on 
airport operators by the Administrator on or after September 11, 2001, 
notwithstanding any other provision of law, $100,000,000, to be derived 
from the Airport and Airway Trust Fund and 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.

                     Federal Highway Administration

                          federal-aid highways

                        emergency relief program

                          (highway trust fund)

    For an additional amount for ``Emergency Relief Program'', as 
authorized by 23 U.S.C. 125, for emergency expenses to respond to the 
September 11, 2001, terrorist attacks on New York City, $167,000,000 
for the State of New York, to be derived from the Highway Trust Fund 
and to remain available until expended: Provided, That notwithstanding 
23 U.S.C. 120(e), the Federal share for any project on a Federal-aid 
highway related to the New York City terrorist attacks shall be 100 
percent: Provided further, That notwithstanding 23 U.S.C. 125(d)(1), 
the Secretary of Transportation may obligate more than $100,000,000 for 
those projects: 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.

                          federal-aid highways

                          (highway trust fund)

                              (rescission)

    Of the funds apportioned to each state under the programs 
authorized under sections 1101(a)(1), 1101(a)(2), 1101(a)(3), 
1101(a)(4) and 1101(a)(5) of Public Law 105-178, as amended, 
$320,000,000 are rescinded.

                          federal-aid highways

                        emergency relief program

                          (highway trust fund)

    For an additional amount for the ``emergency relief program'', as 
authorized by section 125 of title 23, United States Code, 
$120,000,000, to be derived from the Highway Trust Fund and to remain 
available until expended: Provided, That the amount made available 
under this paragraph shall be used solely for eligible but 
uncompensated applications pending as of May 28, 2002, including 
$13,411,000 for projects in the State of Washington stemming from the 
Nisqually earthquake and other disasters, and up to $12,000,000 for 
emergency expenses to respond to the May 26, 2002 Interstate 40 bridge 
collapse over the Arkansas River in Oklahoma.

              Federal Motor Carrier Safety Administration

                       border enforcement program

    For necessary expenses of the Border Enforcement Program to respond 
to the September 11, 2001, terrorist attacks on the United States, 
$19,300,000, to be derived from the Highway Trust Fund, of which 
$4,200,000 shall be to implement section 1012 of Public Law 107-56 (USA 
Patriot Act); $10,000,000 shall be for drivers' license fraud detection 
and prevention, northern border safety and security study, and 
hazardous material security education and outreach; and $5,100,000 
shall be for the purposes of coordinating drivers' license registration 
and social security number verification: Provided, That in connection 
with such commercial drivers' license fraud deterrence projects, the 
Secretary may enter into such contracts or grants with the American 
Association of Motor Vehicle Administrators, States, or other persons 
as the Secretary may so designate to carry out these purposes: 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.

                    Federal Railroad Administration

         grants to the national railroad passenger corporation

    For an additional amount for the National Railroad Passenger 
Corporation for emergency expenses to ensure the safety of rail 
passenger operations, $55,000,000, to remain available until expended, 
of which $20,000,000 shall be used to repair damaged passenger 
equipment, $12,000,000 shall be used for emergency security needs, and 
$23,000,000 shall be used for the heavy overhaul of the rail passenger 
fleet.

                     Federal Transit Administration

                       capital investment grants

    For an additional amount for ``Capital Investment Grants'' for 
emergency expenses to respond to the September 11, 2001, terrorist 
attacks in New York City, $1,800,000,000, to remain available until 
expended, to replace, rebuild, or enhance the public transportation 
systems serving the Borough of Manhattan, New York City, New York: 
Provided, That the Secretary may use up to one percent of this amount 
for oversight activities: Provided further, That these funds are 
subject to grant requirements as determined by the Secretary to ensure 
that eligible projects will improve substantially the mobility of 
commuters in Lower Manhattan: Provided further, That the Federal share 
for any project funded from this amount shall be 100 percent: Provided 
further, That these funds are in addition to any other appropriation 
available for these purposes: 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.

              Research and Special Programs Administration

                     research and special programs

    For an additional amount for ``Research and Special Programs'' to 
establish a Transportation Information Operations Center for improving 
transportation emergency response coordination, $3,500,000: 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.

                    GENERAL PROVISIONS, THIS CHAPTER

    Sec. 1001. Section 1106 of Public Law 107-117 is amended by 
deleting ``$116,023,000'' and inserting ``$128,123,000''.
    Sec. 1002. Section 1102 of Public Law 105-178 is amended by adding 
at the end the following:
    ``(k) Notwithstanding any other provision of law, the obligations 
for Federal-aid highway and highway safety construction programs for 
fiscal year 2003 shall be not less than $27,746,000,000 and not more 
than $28,900,000,000.''.
    Sec. 1003. Title II of Division C of Public Law 105-277 is amended 
by striking ``of more than 750 gross registered tons'' in each place it 
appears, and inserting in lieu thereof, ``of more than 750 gross 
registered tons (as measured under Chapter 145 of Title 46) or 1,900 
gross registered tons as measured under Chapter 143 of that Title)''.
    Sec. 1004. Section 335 of Public Law 107-87 is amended by inserting 
``and the Transportation Security Administration'' after ``the Federal 
Aviation Administration''; by inserting ``, aviation security'' after 
``air navigation'', and by inserting ``and the TSA for necessary 
security checkpoints'' after the word ``facilities''.
    Sec. 1005. Section 354 of Public Law 106-346 (114 Stat. 1356A-35) 
is amended by inserting ``or Nail Road'' after ``Star Landing Road''.
    Sec. 1006. Notwithstanding any other provision of law, $2,750,000 
of amounts made available for ``Intelligent Transportation Systems'' in 
Public Law 107-87 and Public Law 106-346 shall be made available for 
activities authorized under section 5118 of Public Law 105-178.
    Sec. 1007. Not later than 30 days after the date of enactment of 
this Act, the Administrator of the Federal Aviation Administration 
shall submit to Congress a report--
            (A) explaining how the Administrator will address the air 
        traffic controller staffing shortage at Newark International 
        Airport; and
            (B) providing a deadline by which the airport will have an 
        adequate number of air traffic controllers.
    Sec. 1008. The $300,000 made available to the State of Idaho under 
the matter under the heading ``Job Access and Reverse Commute Grants'' 
under the heading ``FEDERAL TRANSIT ADMINISTRATION'' in title I of the 
Department of Transportation and Related Agencies Appropriations Act, 
2002 (Public Law 107-87; 115 Stat. 852), shall be deemed to have been 
made available to the State of Idaho to carry out a job training and 
supportive services program under section 140(b) of title 23, United 
States Code.

                               CHAPTER 11

                       DEPARTMENT OF THE TREASURY

                      Financial Management Service

                         salaries and expenses

                              (rescission)

    Of the available balances under this heading, $14,000,000 are 
rescinded.

                     United States Customs Service

                         salaries and expenses

    For an additional amount for ``Salaries and Expenses'', 
$59,000,000, 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 the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended: Provided further, That 
$10,000,000 is authorized for reimbursing State and local law 
enforcement agencies that have provided necessary Federal assistance to 
personnel of the United States Customs Service, along the Northern 
Border of the United States.

                        Internal Revenue Service

                          information systems

                              (rescission)

    Of the available balances under this heading, $10,000,000 are 
rescinded.

                      United States Secret Service

                         salaries and expenses

    For an additional amount for ``Salaries and Expenses'', 
$17,200,000: 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.

                             POSTAL SERVICE

                   Payment to the Postal Service Fund

    For an additional amount for ``Payment to the Postal Service Fund'' 
for emergency expenses to enable the Postal Service to protect postal 
employees and postal customers from exposure to biohazardous material 
and to sanitize and screen the mail, $87,000,000, 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 the Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended.

                   EXECUTIVE OFFICE OF THE PRESIDENT

                        Office of Administration

                         salaries and expenses

    For an additional amount for ``Salaries and Expenses'', $5,000,000, 
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 the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended: Provided further, That none of these 
funds may be obligated until the Senate confirms a Director for 
Homeland Security in the Office of Homeland Security pursuant to 
section 1102 of this Act.

                          INDEPENDENT AGENCIES

                    General Services Administration

                        real property activities

                         federal buildings fund

    For an additional amount for ``Federal Buildings Fund'' for 
building security emergency expenses resulting from the September 11, 
2001, terrorist attacks on the United States, $51,800,000: 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.

                         policy and operations

    For an additional amount for ``Policy and Operations'' for 
emergency expenses related to vulnerabilities in internet data 
transmission capability, $2,500,000, to remain available until 
September 30, 2003: Provided, That the entire amount is designated by 
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.

                    GENERAL PROVISIONS, THIS CHAPTER

    Sec. 1101. For purposes of section 201(a) of the Federal Property 
and Administrative Services Act of 1949 (relating to Federal sources of 
supply, including lodging providers, airlines and other transportation 
providers), the Eisenhower Exchange Fellowship Program shall be deemed 
an executive agency for the purposes of carrying out the provisions of 
20 U.S.C. 5201, and the employees of and participants in the Eisenhower 
Exchange Fellowship Program shall be eligible to have access to such 
sources of supply on the same basis as employees of an executive agency 
have such access.
    Sec. 1102. Director for Homeland Security. (a) In General.--There 
is established the position of Director for Homeland Security in the 
Office of Homeland Security established under section 1 of Executive 
order No. 13228. The Director for Homeland Security shall be the head 
of that Office, after appointment by the President, by and with the 
advice and consent of the Senate.
    (b) Effective Date.--This section shall take effect 30 days after 
the date of enactment of this Act.

                               CHAPTER 12

                     DEPARTMENT OF VETERANS AFFAIRS

                    Veterans Benefits Administration

                       compensation and pensions

    For an additional amount for ``Compensation and pensions'', 
$1,100,000,000, to remain available until expended.

                     Veterans Health Administration

                              medical care

    For an additional amount for ``Medical care'' resulting from 
continued open enrollment for Priority Level 7 veterans, $142,000,000.
    For an additional amount for ``Medical care'', $275,000,000: 
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.

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                       Public and Indian Housing

                        housing certificate fund

                              (rescission)

    Of the amounts unobligated or recaptured, prior to September 30, 
2002, from funds appropriated under this heading during fiscal year 
2002 and prior years, $300,000,000 are rescinded.

                   Community Planning and Development

                       community development fund

    For an additional amount for ``Community Development Fund'', as 
authorized by title I of the Housing and Community Development Act of 
1974, as amended, for emergency expenses to respond to the September 
11, 2001, terrorist attacks on the United States, $750,000,000, to 
remain available until expended: Provided, That the State of New York, 
in cooperation with the City of New York, shall, through the Lower 
Manhattan Development Corporation, distribute these funds: Provided 
further, That such funds may be used for assistance for properties and 
businesses (including the restoration of utility infrastructure) 
damaged by, and for economic revitalization directly related to, the 
terrorist attacks on the United States that occurred on September 11, 
2001, in New York City and for reimbursement to the State and City of 
New York for expenditures incurred from the regular Community 
Development Block Grant formula allocation used to achieve these same 
purposes: Provided further, That the State of New York is authorized to 
provide such assistance to the City of New York: Provided further, That 
in administering these funds and funds under section 108 of such Act 
used for economic revitalization activities in New York City, the 
Secretary may waive, or specify alternative requirements for, any 
provision of any statute or regulation that the Secretary administers 
in connection with the obligation by the Secretary or the use by the 
recipient of these funds or guarantees (except for requirements related 
to fair housing, nondiscrimination, labor standards, and the 
environment), upon a finding that such waiver is required to facilitate 
the use of such funds or guarantees: Provided further, That such funds 
shall not adversely affect the amount of any formula assistance 
received by the State of New York, New York City, or any categorical 
application for other Federal assistance: Provided further, That the 
Secretary shall publish in the Federal Register any waiver of any 
statute or regulation that the Secretary administers pursuant to title 
I of the Housing and Community Development Act of 1974, as amended, no 
later than five days before the effective date of such waiver: Provided 
further, That the Secretary shall notify the Committees on 
Appropriations on the proposed allocation of any funds and any related 
waivers pursuant to this section no later than five days before such 
allocation: 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.
    The referenced statement of the managers under the heading 
``Community Development Block Grants'' in title II of Public Law 105-
276 is deemed to be amended by striking ``$250,000 for renovation, 
accessibility, and asbestos remediation for the Wellstone Neighborhood 
Center, Wellstone, Missouri'' and insert in lieu thereof ``$250,000 for 
the St. Louis Economic Council for design, infrastructure and 
construction related to the Enterprise Center-Wellstone in Wellstone, 
Missouri''.
    The referenced statement of the managers under the heading 
``Community Development Fund'' in title II of Public Law 106-377 is 
deemed to be amended by striking ``$1,000,000 for the Community Action 
Agency of Southern New Mexico, Inc. for construction of a regional food 
bank and supporting offices'' and insert in lieu thereof ``$1,000,000 
for the Community Action Agency of Southern New Mexico for 
construction, purchase, or renovation and the equipping of a regional 
food bank and supporting offices''.
    The referenced statement of the managers under the heading 
``Community Development Fund'' in title II of Public Law 107-73 is 
deemed to be amended by striking ``$400,000 to the City of Reading, PA 
for the development of the Morgantown Road Industrial Park on what is 
currently a brownfields site'' and insert in lieu thereof ``$400,000 
for the City of Reading, PA for the development of the American Chain 
and Cable brownfield site''.
    The referenced statement of the managers under the heading 
``Community Development Fund'' in title II of Public Law 107-73 is 
deemed to be amended by striking ``$750,000 for the Smart Start Child 
Care Center and Expertise School of Las Vegas, Nevada for construction 
of a child care facility'' and insert in lieu thereof ``$250,000 for 
the Smart Start Child Care Center and Expertise School of Las Vegas, 
Nevada for construction of a child care facility and $500,000 for job 
training''.

                  home investment partnerships program

                              (rescission)

    Of the funds made available under this heading in Public Law 107-
73, $50,000,000 are rescinded from the Downpayment Assistance 
Initiative.

                            Housing Programs

                       rental housing assistance

    The limitation otherwise applicable to the maximum payments that 
may be required in any fiscal year by all contracts entered into under 
section 236 of the National Housing Act (12 U.S.C. 1715z-1) is reduced 
in fiscal year 2002 by not more than $300,000,000 in uncommitted 
balances of authorizations of contract authority provided for this 
purpose in appropriations acts: Provided, That up to $300,000,000 of 
recaptured section 236 budget authority resulting from the prepayment 
of mortgages subsidized under section 236 of the National Housing Act 
(12 U.S.C. 1715z-1) shall be made available as provided in section 
236(s) of the National Housing Act.

                          INDEPENDENT AGENCIES

                    Environmental Protection Agency

                   State and Tribal Assistance Grants

    The referenced statement of the managers under this heading in 
Public Law 106-377 is deemed to be amended by striking everything after 
``$1,000,000'' in reference to item 91 and inserting ``to the Northern 
Kentucky Area Development District for Carroll County Wastewater 
Infrastructure Project ($500,000), City of Owenton Water Collection and 
Treatment System Improvements and Freshwater Intake Project ($400,000), 
Grant County Williamstown Lake Expansion Study ($50,000), and Pendleton 
County Williamstown Lake Expansion Study ($50,000)''.

                         science and technology

    For an additional amount for ``Science and technology'', 
$100,000,000: 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.

                     hazardous substance superfund

    For an additional amount for ``Hazardous substance superfund'' for 
additional expenses incurred for anthrax investigations and cleanup 
actions at the United States Capitol and the Congressional office 
building complex, $12,500,000: 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.

                  Federal Emergency Management Agency

                            disaster relief

    For an additional amount for ``Disaster relief'' for emergency 
expenses to respond to the September 11, 2001, terrorist attacks on the 
United States, $2,660,000,000, to remain available until expended: 
Provided, That in administering the Mortgage and Rental Assistance 
Program for victims of September 11, 2001, the Federal Emergency 
Management Agency will recognize those people who were either directly 
employed in the Borough of Manhattan or had at least 75 percent of 
their wages coming from business conducted within the Borough of 
Manhattan as eligible for assistance under the program, as they were 
directly impacted by the terrorist attacks: Provided further, That FEMA 
shall provide compensation to previously denied Mortgage and Rental 
Assistance Program applicants who would qualify under these new 
guidelines: 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.

              emergency management planning and assistance

    For an additional amount for ``Emergency management planning and 
assistance'' for emergency expenses to respond to the September 11, 
2001, terrorist attacks on the United States, $745,000,000, of which 
$175,000,000 is for FEMA to make available to the States for State and 
local all hazards operational planning including response planning for 
natural and man-made disasters including terrorism; $300,000,000 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.); $92,000,000 
for the existing national urban search and rescue system; $115,000,000 
for interoperable communications equipment; $56,000,000 for grants to 
state and local governments for emergency operations centers; and 
$7,000,000 for secure communications equipment and associated facility 
improvements and maintenance for state emergency operations centers: 
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.

                        cerro grande fire claims

    For an additional amount for ``Cerro Grande Fire Claims'', 
$80,000,000 for claims resulting from the Cerro Grande fires: 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.

                      National Science Foundation

                     education and human resources

    For an additional amount for ``Education and human resources'' for 
emergency expenses to respond to emergent needs in cyber security, 
$19,300,000: 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.

                    GENERAL PROVISIONS, THIS CHAPTER

    Sec. 1201. The Secretary of Housing and Urban Development shall 
continue to administer the Disposition of Assets in Revitalization 
Areas program as provided in section 602 of Public Law 105-276 and the 
Secretary shall renew all contracts and enter into new contracts with 
eligible participants in a manner consistent with the requirements of 
such section.
    Sec. 1202. The Secretary of Housing and Urban Development shall 
submit a report every 90 days to the House and Senate Committees on 
Appropriations on the status of any multifamily housing project 
(including all hospitals and nursing homes) insured under the National 
Housing Act that has been in default for longer than 60 days. The 
report shall include the location of the property, the reason for the 
default, and all actions taken by the Secretary and owner with regard 
to the default, including any work-out agreements, the status and terms 
of any assistance or loans, and any transfer of an ownership interest 
in the property (including any assistance or loans made to the prior, 
current or intended owner of the property or to the local unit of 
government in which the property is located).
    Sec. 1203. For purposes of assessing the use of Stafford Apartments 
(FHA Project No: 052-44163) as student housing, notwithstanding any 
other provision of law--
            (1) such property shall not be considered an eligible 
        multifamily housing project pursuant to section 512(2) of 
        MAHRAA for a period not to exceed 24 months from the date of 
        enactment of this amendment, and the Secretary shall offer to 
        extend the current Section 8 contract at rent levels as in 
        effect during fiscal year 2001, subject to annual operating 
        cost adjustment factor increases, for a continuous period 
        commencing October 1, 2001 not to exceed 24 months from the 
        date of enactment of this amendment, provided that such 
        contract shall be extended further at such rent levels to 
        accomplish a mortgage restructuring if required after such 24 
        month period for a period of the earlier of one year or the 
        closing of the restructuring plan as set forth in the 
        regulations promulgated at 24 CFR Part 401 as now in effect;
            (2) subject to the concurrence by the Secretary of a 
        relocation plan for current tenants, all of the units in the 
        projects may be available for student housing notwithstanding 
        any federal use restrictions including those required pursuant 
        to Section 201 of the Housing and Community Development 
        Amendments of 1978, as amended, and Section 250 of the National 
        Housing Act, as amended; and
            (3) upon the concurrence by the Secretary of such 
        relocation plan, all of the tenants of the project shall be 
        relocated, and any rights of tenants to elect to remain in the 
        project pursuant to the provisions of Section 8(t)(1)(B) of the 
        United States Housing Act of 1937, as amended, shall not apply.

                      TITLE II--GENERAL PROVISIONS

    Sec. 2001. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided in this Act.
    Sec. 2002. (a) In General.--Any amount appropriated in this Act 
that 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, shall not be available for obligation 
unless all such amounts appropriated in this Act are designated by the 
President, upon enactment of this Act, as emergency requirements 
pursuant to that section.
    (b) Exception.--Subsection (a) shall not apply to chapter 3 of 
title I.
    Sec. 2003. (a) The Senate finds that--
            (1) the Federal Bureau of Investigation is the principle 
        investigative arm of the Department of Justice;
            (2) the Federal Bureau of Investigation has the authority 
        and responsibility to investigate specific crimes assigned to 
        it, including violations concerning organized crime and drugs, 
        civil rights, violent crimes, financial crimes, 
        counterterrorism, and foreign counterintelligence; and
            (3) the mission of the Federal Bureau of Investigation is--
                    (A) to uphold the law through the investigation of 
                violations of Federal criminal law;
                    (B) to protect the United States from foreign 
                intelligence and terrorist activities;
                    (C) provide leadership and law enforcement 
                assistance to Federal, State, local, and international 
                agencies; and
                    (D) to perform these responsibilities in a manner 
                that is responsive to the needs of the public and is 
                faithful to the Constitution of the United States.
    (b) It is the sense of the Senate that--
            (1) the reorganization of the Federal Bureau of 
        Investigation is a positive and important response to 
        challenges posed by the increased threat of terrorism and that 
        continued constructive dialog between FBI Director Robert 
        Mueller and Congress will help make the reorganization a 
        success;
            (2) the Federal Bureau of Investigation shall continue to 
        allocate adequate resources for the purpose of investigating 
        all crimes under its jurisdiction;
            (3) the reallocation of agents and resources to 
        counterterrorism investigations should not hamper the ability 
        of the Federal Bureau of Investigation to investigate crimes 
        involving drugs; and
            (4) sufficient homeland security resources should be made 
        available to State and local law enforcement and public safety 
        officials to enable them to meet their responsibilities as the 
        Nation's first responders.
    Sec. 2004. In subsection (e)(4) of the Alaska Native Claims 
Settlement Act created by section 702 of Public Law 107-117--
            (1) paragraph (B) is amended by--
                    (A) striking ``subsection (e)(2)'' and inserting in 
                lieu thereof ``subsections (e)(1) or (e)(2)''; and
                    (B) striking ``obligations under section 7 of P.L. 
                87-305'' and inserting in lieu thereof ``small or small 
                disadvantaged business subcontracting goals under 
                section 502 of P.L. 100-656, provided that where lower 
                tier subcontractors exist, the entity shall designate 
                the appropriate contractor or contractors to receive 
                such credit''; and
            (2) paragraph (C) is amended by striking ``subsection 
        (e)(2)'' and inserting ``subsection (e)(1) or (e)(2)''.

          TITLE III--AMERICAN SERVICE- MEMBERS' PROTECTION ACT

SEC. 3001. SHORT TITLE.

    This title may be cited as the ``American Servicemembers' 
Protection Act of 2002''.

SEC. 3002. FINDINGS.

    Congress makes the following findings:
            (1) On July 17, 1998, the United Nations Diplomatic 
        Conference of Plenipotentiaries on the Establishment of an 
        International Criminal Court, meeting in Rome, Italy, adopted 
        the ``Rome Statute of the International Criminal Court''. The 
        vote on whether to proceed with the statute was 120 in favor to 
        7 against, with 21 countries abstaining. The United States 
        voted against final adoption of the Rome Statute.
            (2) As of April 30, 2001, 139 countries had signed the Rome 
        Statute and 30 had ratified it. Pursuant to Article 126 of the 
        Rome Statute, the statute will enter into force on the first 
        day of the month after the 60th day following the date on which 
        the 60th country deposits an instrument ratifying the statute.
            (3) Since adoption of the Rome Statute, a Preparatory 
        Commission for the International Criminal Court has met 
        regularly to draft documents to implement the Rome Statute, 
        including Rules of Procedure and Evidence, Elements of Crimes, 
        and a definition of the Crime of Aggression.
            (4) During testimony before the Congress following the 
        adoption of the Rome Statute, the lead United States 
        negotiator, Ambassador David Scheffer stated that the United 
        States could not sign the Rome Statute because certain critical 
        negotiating objectives of the United States had not been 
        achieved. As a result, he stated: ``We are left with 
        consequences that do not serve the cause of international 
        justice.''
            (5) Ambassador Scheffer went on to tell the Congress that: 
        ``Multinational peacekeeping forces operating in a country that 
        has joined the treaty can be exposed to the Court's 
        jurisdiction even if the country of the individual peacekeeper 
        has not joined the treaty. Thus, the treaty purports to 
        establish an arrangement whereby United States armed forces 
        operating overseas could be conceivably prosecuted by the 
        international court even if the United States has not agreed to 
        be bound by the treaty. Not only is this contrary to the most 
        fundamental principles of treaty law, it could inhibit the 
        ability of the United States to use its military to meet 
        alliance obligations and participate in multinational 
        operations, including humanitarian interventions to save 
        civilian lives. Other contributors to peacekeeping operations 
        will be similarly exposed.''.
            (6) Notwithstanding these concerns, President Clinton 
        directed that the United States sign the Rome Statute on 
        December 31, 2000. In a statement issued that day, he stated 
        that in view of the unremedied deficiencies of the Rome 
        Statute, ``I will not, and do not recommend that my successor 
        submit the Treaty to the Senate for advice and consent until 
        our fundamental concerns are satisfied''.
            (7) Any American prosecuted by the International Criminal 
        Court will, under the Rome Statute, be denied procedural 
        protections to which all Americans are entitled under the Bill 
        of Rights to the United States Constitution, such as the right 
        to trial by jury.
            (8) Members of the Armed Forces of the United States should 
        be free from the risk of prosecution by the International 
        Criminal Court, especially when they are stationed or deployed 
        around the world to protect the vital national interests of the 
        United States. The United States Government has an obligation 
        to protect the members of its Armed Forces, to the maximum 
        extent possible, against criminal prosecutions carried out by 
        the International Criminal Court.
            (9) In addition to exposing members of the Armed Forces of 
        the United States to the risk of international criminal 
        prosecution, the Rome Statute creates a risk that the President 
        and other senior elected and appointed officials of the United 
        States Government may be prosecuted by the International 
        Criminal Court. Particularly if the Preparatory Commission 
        agrees on a definition of the Crime of Aggression over United 
        States objections, senior United States officials may be at 
        risk of criminal prosecution for national security decisions 
        involving such matters as responding to acts of terrorism, 
        preventing the proliferation of weapons of mass destruction, 
        and deterring aggression. No less than members of the Armed 
        Forces of the United States, senior officials of the United 
        States Government should be free from the risk of prosecution 
        by the International Criminal Court, especially with respect to 
        official actions taken by them to protect the national 
        interests of the United States.
            (10) Any agreement within the Preparatory Commission on a 
        definition of the Crime of Aggression that usurps the 
        prerogative of the United Nations Security Council under 
        Article 39 of the charter of the United Nations to ``determine 
        the existence of any .... act of aggression'' would contravene 
        the charter of the United Nations and undermine deterrence.
            (11) It is a fundamental principle of international law 
        that a treaty is binding upon its parties only and that it does 
        not create obligations for nonparties without their consent to 
        be bound. The United States is not a party to the Rome Statute 
        and will not be bound by any of its terms. The United States 
        will not recognize the jurisdiction of the International 
        Criminal Court over United States nationals.

SEC. 3003. WAIVER AND TERMINATION OF PROHIBITIONS OF THIS TITLE.

    (a) Authority To Initially Waive Sections 3005 and 3007.--The 
President is authorized to waive the prohibitions and requirements of 
sections 3005 and 3007 for a single period of 1 year. A waiver under 
this subsection may be issued only if the President at least 15 days in 
advance of exercising such authority--
            (1) notifies the appropriate congressional committees of 
        the intention to exercise such authority; and
            (2) determines and reports to the appropriate congressional 
        committees that the International Criminal Court has entered 
        into a binding agreement that--
                    (A) prohibits the International Criminal Court from 
                seeking to exercise jurisdiction over the following 
                persons with respect to actions undertaken by them in 
                an official capacity:
                            (i) covered United States persons;
                            (ii) covered allied persons; and
                            (iii) individuals who were covered United 
                        States persons or covered allied persons; and
                    (B) ensures that no person described in 
                subparagraph (A) will be arrested, detained, 
                prosecuted, or imprisoned by or on behalf of the 
                International Criminal Court.
    (b) Authority To Extend Waiver of Sections 3005 and 3007.--The 
President is authorized to waive the prohibitions and requirements of 
sections 3005 and 3007 for successive periods of 1 year each upon the 
expiration of a previous waiver pursuant to subsection (a) or this 
subsection. A waiver under this subsection may be issued only if the 
President at least 15 days in advance of exercising such authority--
            (1) notifies the appropriate congressional committees of 
        the intention to exercise such authority; and
            (2) determines and reports to the appropriate congressional 
        committees that the International Criminal Court--
                    (A) remains party to, and has continued to abide 
                by, a binding agreement that--
                            (i) prohibits the International Criminal 
                        Court from seeking to exercise jurisdiction 
                        over the following persons with respect to 
                        actions undertaken by them in an official 
                        capacity:
                                    (I) covered United States persons;
                                    (II) covered allied persons; and
                                    (III) individuals who were covered 
                                United States persons or covered allied 
                                persons; and
                            (ii) ensures that no person described in 
                        clause (i) will be arrested, detained, 
                        prosecuted, or imprisoned by or on behalf of 
                        the International Criminal Court; and
                    (B) has taken no steps to arrest, detain, 
                prosecute, or imprison any person described in clause 
                (i) of subparagraph (A).
    (c) Authority To Waive Sections 3004 and 3006 With Respect to an 
Investigation or Prosecution of a Named Individual.--The President is 
authorized to waive the prohibitions and requirements of sections 3004 
and 3006 to the degree such prohibitions and requirements would prevent 
United States cooperation with an investigation or prosecution of a 
named individual by the International Criminal Court. A waiver under 
this subsection may be issued only if the President at least 15 days in 
advance of exercising such authority--
            (1) notifies the appropriate congressional committees of 
        the intention to exercise such authority; and
            (2) determines and reports to the appropriate congressional 
        committees that--
                    (A) a waiver pursuant to subsection (a) or (b) of 
                the prohibitions and requirements of sections 3005 and 
                3007 is in effect;
                    (B) there is reason to believe that the named 
                individual committed the crime or crimes that are the 
                subject of the International Criminal Court's 
                investigation or prosecution;
                    (C) it is in the national interest of the United 
                States for the International Criminal Court's 
                investigation or prosecution of the named individual to 
                proceed; and
                    (D) in investigating events related to actions by 
                the named individual, none of the following persons 
                will be investigated, arrested, detained, prosecuted, 
                or imprisoned by or on behalf of the International 
                Criminal Court with respect to actions undertaken by 
                them in an official capacity:
                            (i) Covered United States persons.
                            (ii) Covered allied persons.
                            (iii) Individuals who were covered United 
                        States persons or covered allied persons.
    (d) Termination of Waiver Pursuant to Subsection (c).--Any waiver 
or waivers exercised pursuant to subsection (c) of the prohibitions and 
requirements of sections 3004 and 3006 shall terminate at any time that 
a waiver pursuant to subsection (a) or (b) of the prohibitions and 
requirements of sections 3005 and 3007 expires and is not extended 
pursuant to subsection (b).
    (e) Termination of Prohibitions of This Title.--The prohibitions 
and requirements of sections 3004, 3005, 3006, and 3007 shall cease to 
apply, and the authority of section 3008 shall terminate, if the United 
States becomes a party to the International Criminal Court pursuant to 
a treaty made under article II, section 2, clause 2 of the Constitution 
of the United States.

SEC. 3004. PROHIBITION ON COOPERATION WITH THE INTERNATIONAL CRIMINAL 
              COURT.

    (a) Application.--The provisions of this section--
            (1) apply only to cooperation with the International 
        Criminal Court and shall not apply to cooperation with an ad 
        hoc international criminal tribunal established by the United 
        Nations Security Council before or after the date of the 
        enactment of this Act to investigate and prosecute war crimes 
        committed in a specific country or during a specific conflict; 
        and
            (2) shall not prohibit--
                    (A) any action permitted under section 3008; or
                    (B) communication by the United States of its 
                policy with respect to a matter.
    (b) Prohibition on Responding to Requests for Cooperation.--
Notwithstanding section 1782 of title 28, United States Code, or any 
other provision of law, no United States Court, and no agency or entity 
of any State or local government, including any court, may cooperate 
with the International Criminal Court in response to a request for 
cooperation submitted by the International Criminal Court pursuant to 
the Rome Statute.
    (c) Prohibition on Transmittal of Letters Rogatory From the 
International Criminal Court.--Notwithstanding section 1781 of title 
28, United States Code, or any other provision of law, no agency of the 
United States Government may transmit for execution any letter rogatory 
issued, or other request for cooperation made, by the International 
Criminal Court to the tribunal, officer, or agency in the United States 
to whom it is addressed.
    (d) Prohibition on Extradition to the International Criminal 
Court.--Notwithstanding any other provision of law, no agency or entity 
of the United States Government or of any State or local government may 
extradite any person from the United States to the International 
Criminal Court, nor support the transfer of any United States citizen 
or permanent resident alien to the International Criminal Court.
    (e) Prohibition on Provision of Support to the International 
Criminal Court.--Notwithstanding any other provision of law, no agency 
or entity of the United States Government or of any State or local 
government, including any court, may provide support to the 
International Criminal Court.
    (f) Prohibition on Use of Appropriated Funds To Assist the 
International Criminal Court.--Notwithstanding any other provision of 
law, no funds appropriated under any provision of law may be used for 
the purpose of assisting the investigation, arrest, detention, 
extradition, or prosecution of any United States citizen or permanent 
resident alien by the International Criminal Court.
    (g) Restriction on Assistance Pursuant to Mutual Legal Assistance 
Treaties.--The United States shall exercise its rights to limit the use 
of assistance provided under all treaties and executive agreements for 
mutual legal assistance in criminal matters, multilateral conventions 
with legal assistance provisions, and extradition treaties, to which 
the United States is a party, and in connection with the execution or 
issuance of any letter rogatory, to prevent the transfer to, or other 
use by, the International Criminal Court of any assistance provided by 
the United States under such treaties and letters rogatory.
    (h) Prohibition on Investigative Activities of Agents.--No agent of 
the International Criminal Court may conduct, in the United States or 
any territory subject to the jurisdiction of the United States, any 
investigative activity relating to a preliminary inquiry, 
investigation, prosecution, or other proceeding at the International 
Criminal Court.

SEC. 3005. RESTRICTION ON UNITED STATES PARTICIPATION IN CERTAIN UNITED 
              NATIONS PEACEKEEPING OPERATIONS.

    (a) Policy.--Effective beginning on the date on which the Rome 
Statute enters into force pursuant to Article 126 of the Rome Statute, 
the President should use the voice and vote of the United States in the 
United Nations Security Council to ensure that each resolution of the 
Security Council authorizing any peacekeeping operation under chapter 
VI of the charter of the United Nations or peace enforcement operation 
under chapter VII of the charter of the United Nations permanently 
exempts, at a minimum, members of the Armed Forces of the United States 
participating in such operation from criminal prosecution or other 
assertion of jurisdiction by the International Criminal Court for 
actions undertaken by such personnel in connection with the operation.
    (b) Restriction.--Members of the Armed Forces of the United States 
may not participate in any peacekeeping operation under chapter VI of 
the charter of the United Nations or peace enforcement operation under 
chapter VII of the charter of the United Nations, the creation of which 
is authorized by the United Nations Security Council on or after the 
date that the Rome Statute enters into effect pursuant to Article 126 
of the Rome Statute, unless the President has submitted to the 
appropriate congressional committees a certification described in 
subsection (c) with respect to such operation.
    (c) Certification.--The certification referred to in subsection (b) 
is a certification by the President that--
            (1) members of the Armed Forces of the United States are 
        able to participate in the peacekeeping or peace enforcement 
        operation without risk of criminal prosecution or other 
        assertion of jurisdiction by the International Criminal Court 
        because, in authorizing the operation, the United Nations 
        Security Council permanently exempted, at a minimum, members of 
        the Armed Forces of the United States participating in the 
        operation from criminal prosecution or other assertion of 
        jurisdiction by the International Criminal Court for actions 
        undertaken by them in connection with the operation;
            (2) members of the Armed Forces of the United States are 
        able to participate in the peacekeeping or peace enforcement 
        operation without risk of criminal prosecution or other 
        assertion of jurisdiction by the International Criminal Court 
        because each country in which members of the Armed Forces of 
        the United States participating in the operation will be 
        present either is not a party to the International Criminal 
        Court and has not invoked the jurisdiction of the International 
        Criminal Court pursuant to Article 12 of the Rome Statute, or 
        has entered into an agreement in accordance with Article 98 of 
        the Rome Statute preventing the International Criminal Court 
        from proceeding against members of the Armed Forces of the 
        United States present in that country; or
            (3) the national interests of the United States justify 
        participation by members of the Armed Forces of the United 
        States in the peacekeeping or peace enforcement operation.

SEC. 3006. PROHIBITION ON DIRECT OR INDIRECT TRANSFER OF CLASSIFIED 
              NATIONAL SECURITY INFORMATION AND LAW ENFORCEMENT 
              INFORMATION TO THE INTERNATIONAL CRIMINAL COURT.

    (a) In General.--Not later than the date on which the Rome Statute 
enters into force, the President shall ensure that appropriate 
procedures are in place to prevent the transfer of classified national 
security information and law enforcement information to the 
International Criminal Court for the purpose of facilitating an 
investigation, apprehension, or prosecution.
    (b) Indirect Transfer.--The procedures adopted pursuant to 
subsection (a) shall be designed to prevent the transfer to the United 
Nations and to the government of any country that is party to the 
International Criminal Court of classified national security 
information and law enforcement information that specifically relates 
to matters known to be under investigation or prosecution by the 
International Criminal Court, except to the degree that satisfactory 
assurances are received from the United Nations or that government, as 
the case may be, that such information will not be made available to 
the International Criminal Court for the purpose of facilitating an 
investigation, apprehension, or prosecution.
    (c) Construction.--The provisions of this section shall not be 
construed to prohibit any action permitted under section 3008.

SEC. 3007. PROHIBITION OF UNITED STATES MILITARY ASSISTANCE TO PARTIES 
              TO THE INTERNATIONAL CRIMINAL COURT.

    (a) Prohibition of Military Assistance.--Subject to subsections (b) 
and (c), and effective 1 year after the date on which the Rome Statute 
enters into force pursuant to Article 126 of the Rome Statute, no 
United States military assistance may be provided to the government of 
a country that is a party to the International Criminal Court.
    (b) National Interest Waiver.--The President may, without prior 
notice to Congress, waive the prohibition of subsection (a) with 
respect to a particular country if he determines and reports to the 
appropriate congressional committees that it is important to the 
national interest of the United States to waive such prohibition.
    (c) Article 98 Waiver.--The President may, without prior notice to 
Congress, waive the prohibition of subsection (a) with respect to a 
particular country if he determines and reports to the appropriate 
congressional committees that such country has entered into an 
agreement with the United States pursuant to Article 98 of the Rome 
Statute preventing the International Criminal court from proceeding 
against United States personnel present in such country.
    (d) Exemption.--The prohibition of subsection (a) shall not apply 
to the government of--
            (1) a NATO member country;
            (2) a major non-NATO ally (including Australia, Egypt, 
        Israel, Japan, Jordan, Argentina, the Republic of Korea, and 
        New Zealand); or
            (3) Taiwan.

SEC. 3008. AUTHORITY TO FREE MEMBERS OF THE ARMED FORCES OF THE UNITED 
              STATES AND CERTAIN OTHER PERSONS DETAINED OR IMPRISONED 
              BY OR ON BEHALF OF THE INTERNATIONAL CRIMINAL COURT.

    (a) Authority.--The President is authorized to use all means 
necessary and appropriate to bring about the release of any person 
described in subsection (b) who is being detained or imprisoned by, on 
behalf of, or at the request of the International Criminal Court.
    (b) Persons Authorized To Be Freed.--The authority of subsection 
(a) shall extend to the following persons:
            (1) Covered United States persons.
            (2) Covered allied persons.
            (3) Individuals detained or imprisoned for official actions 
        taken while the individual was a covered United States person 
        or a covered allied person, and in the case of a covered allied 
        person, upon the request of such government.
    (c) Authorization of Legal Assistance.--When any person described 
in subsection (b) is arrested, detained, investigated, prosecuted, or 
imprisoned by, on behalf of, or at the request of the International 
Criminal Court, the President is authorized to direct any agency of the 
United States Government to provide--
            (1) legal representation and other legal assistance to that 
        person (including, in the case of a person entitled to 
        assistance under section 1037 of title 10, United States Code, 
        representation and other assistance in the manner provided in 
        that section);
            (2) exculpatory evidence on behalf of that person; and
            (3) defense of the interests of the United States through 
        appearance before the International Criminal Court pursuant to 
        Article 18 or 19 of the Rome Statute, or before the courts or 
        tribunals of any country.
    (d) Bribes and Other Inducements Not Authorized.--This section does 
not authorize the payment of bribes or the provision of other such 
incentives to induce the release of a person described in subsection 
(b).

SEC. 3009. ALLIANCE COMMAND ARRANGEMENTS.

    (a) Report on Alliance Command Arrangements.--Not later than 6 
months after the date of the enactment of this Act, the President 
should transmit to the appropriate congressional committees a report 
with respect to each military alliance to which the United States is 
party--
            (1) describing the degree to which members of the Armed 
        Forces of the United States may, in the context of military 
        operations undertaken by or pursuant to that alliance, be 
        placed under the command or operational control of foreign 
        military officers subject to the jurisdiction of the 
        International Criminal Court because they are nationals of a 
        party to the International Criminal Court; and
            (2) evaluating the degree to which members of the Armed 
        Forces of the United States engaged in military operations 
        undertaken by or pursuant to that alliance may be exposed to 
        greater risks as a result of being placed under the command or 
        operational control of foreign military officers subject to the 
        jurisdiction of the International Criminal Court.
    (b) Description of Measures To Achieve Enhanced Protection for 
Members of the Armed Forces of the United States.--Not later than 1 
year after the date of the enactment of this Act, the President should 
transmit to the appropriate congressional committees a description of 
modifications to command and operational control arrangements within 
military alliances to which the United States is a party that could be 
made in order to reduce any risks to members of the Armed Forces of the 
United States identified pursuant to subsection (a)(2).
    (c) Submission in Classified Form.--The report under subsection 
(a), and the description of measures under subsection (b), or 
appropriate parts thereof, may be submitted in classified form.

SEC. 3010. WITHHOLDINGS.

    Funds withheld from the United States share of assessments to the 
United Nations or any other international organization during any 
fiscal year pursuant to section 705 of the Admiral James W. Nance and 
Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 
2001 (as enacted by section 1000(a)(7) of Public Law 106-113; 113 Stat. 
1501A-460), are authorized to be transferred to the Embassy Security, 
Construction and Maintenance Account of the Department of State.

SEC. 3011. APPLICATION OF SECTIONS 3004 AND 3006 TO EXERCISE OF 
              CONSTITUTIONAL AUTHORITIES.

    (a) In General.--Sections 3004 and 3006 shall not apply to any 
action or actions with respect to a specific matter involving the 
International Criminal Court taken or directed by the President on a 
case-by-case basis in the exercise of the President's authority as 
Commander in Chief of the Armed Forces of the United States under 
article II, section 2 of the United States Constitution or in the 
exercise of the executive power under article II, section 1 of the 
United States Constitution.
    (b) Notification to Congress.--
            (1) In general.--Subject to paragraph (2), not later than 
        15 days after the President takes or directs an action or 
        actions described in subsection (a) that would otherwise be 
        prohibited under section 3004 or 3006, the President shall 
        submit a notification of such action to the appropriate 
        congressional committees. A notification under this paragraph 
        shall include a description of the action, a determination that 
        the action is in the national interest of the United States, 
        and a justification for the action.
            (2) Exception.--If the President determines that a full 
        notification under paragraph (1) could jeopardize the national 
        security of the United States or compromise a United States law 
        enforcement activity, not later than 15 days after the 
        President takes or directs an action or actions referred to in 
        paragraph (1) the President shall notify the appropriate 
        congressional committees that an action has been taken and a 
        determination has been made pursuant to this paragraph. The 
        President shall provide a full notification under paragraph (1) 
        not later than 15 days after the reasons for the determination 
        under this paragraph no longer apply.
    (c) Construction.--Nothing in this section shall be construed as a 
grant of statutory authority to the President to take any action.

SEC. 3012. NONDELEGATION.

    The authorities vested in the President by sections 3003 and 
3011(a) may not be delegated by the President pursuant to section 301 
of title 3, United States Code, or any other provision of law. The 
authority vested in the President by section 3005(c)(3) may not be 
delegated by the President pursuant to section 301 of title 3, United 
States Code, or any other provision of law to any official other than 
the Secretary of Defense, and if so delegated may not be subdelegated.

SEC. 3013. DEFINITIONS.

    As used in this title and in section 706 of the Admiral James W. 
Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 
2000 and 2001:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the Committee on 
        International Relations of the House of Representatives and the 
        Committee on Foreign Relations of the Senate.
            (2) Classified national security information.--The term 
        ``classified national security information'' means information 
        that is classified or classifiable under Executive Order 12958 
        or a successor Executive order.
            (3) Covered allied persons.--The term ``covered allied 
        persons'' means military personnel, elected or appointed 
        officials, and other persons employed by or working on behalf 
        of the government of a NATO member country, a major non-NATO 
        ally (including Australia, Egypt, Israel, Japan, Jordan, 
        Argentina, the Republic of Korea, and New Zealand), or Taiwan, 
        for so long as that government is not a party to the 
        International Criminal Court and wishes its officials and other 
        persons working on its behalf to be exempted from the 
        jurisdiction of the International Criminal Court.
            (4) Covered united states persons.--The term ``covered 
        United States persons'' means members of the Armed Forces of 
        the United States, elected or appointed officials of the United 
        States Government, and other persons employed by or working on 
        behalf of the United States Government, for so long as the 
        United States is not a party to the International Criminal 
        Court.
            (5) Extradition.--The terms ``extradition'' and 
        ``extradite'' mean the extradition of a person in accordance 
        with the provisions of chapter 209 of title 18, United States 
        Code, (including section 3181(b) of such title) and such terms 
        include both extradition and surrender as those terms are 
        defined in Article 102 of the Rome Statute.
            (6) International criminal court.--The term ``International 
        Criminal Court'' means the court established by the Rome 
        Statute.
            (7) Major non-nato ally.--The term ``major non-NATO ally'' 
        means a country that has been so designated in accordance with 
        section 517 of the Foreign Assistance Act of 1961.
            (8) Participate in any peacekeeping operation under chapter 
        vi of the charter of the united nations or peace enforcement 
        operation under chapter vii of the charter of the united 
        nations.--The term ``participate in any peacekeeping operation 
        under chapter VI of the charter of the United Nations or peace 
        enforcement operation under chapter VII of the charter of the 
        United Nations'' means to assign members of the Armed Forces of 
        the United States to a United Nations military command 
        structure as part of a peacekeeping operation under chapter VI 
        of the charter of the United Nations or peace enforcement 
        operation under chapter VII of the charter of the United 
        Nations in which those members of the Armed Forces of the 
        United States are subject to the command or operational control 
        of one or more foreign military officers not appointed in 
        conformity with article II, section 2, clause 2 of the 
        Constitution of the United States.
            (9) Party to the international criminal court.--The term 
        ``party to the International Criminal Court'' means a 
        government that has deposited an instrument of ratification, 
        acceptance, approval, or accession to the Rome Statute, and has 
        not withdrawn from the Rome Statute pursuant to Article 127 
        thereof.
            (10) Peacekeeping operation under chapter vi of the charter 
        of the united nations or peace enforcement operation under 
        chapter vii of the charter of the united nations.--The term 
        ``peacekeeping operation under chapter VI of the charter of the 
        United Nations or peace enforcement operation under chapter VII 
        of the charter of the United Nations'' means any military 
        operation to maintain or restore international peace and 
        security that--
                    (A) is authorized by the United Nations Security 
                Council under chapter VI or VII of the charter of the 
                United Nations; and
                    (B) is paid for from assessed contributions of 
                United Nations members that are made available for 
                peacekeeping or peace enforcement activities.
            (11) Rome statute.--The term ``Rome Statute'' means the 
        Rome Statute of the International Criminal Court, adopted by 
        the United Nations Diplomatic Conference of Plenipotentiaries 
        on the Establishment of an International Criminal Court on July 
        17, 1998.
            (12) Support.--The term ``support'' means assistance of any 
        kind, including financial support, transfer of property or 
        other material support, services, intelligence sharing, law 
        enforcement cooperation, the training or detail of personnel, 
        and the arrest or detention of individuals.
            (13) United states military assistance.--The term ``United 
        States military assistance'' means--
                    (A) assistance provided under chapter 2 or 5 of 
                part II of the Foreign Assistance Act of 1961 (22 
                U.S.C. 2151 et seq.); or
                    (B) defense articles or defense services furnished 
                with the financial assistance of the United States 
                Government, including through loans and guarantees, 
                under section 23 of the Arms Export Control Act (22 
                U.S.C. 2763).

SEC. 3014. REPEAL OF LIMITATION.

    The Department of Defense Appropriations Act, 2002 (division A of 
Public Law 107-117) is amended by striking section 8173.

SEC. 3015. ASSISTANCE TO INTERNATIONAL EFFORTS.

    Nothing in this title shall prohibit the United States from 
rendering assistance to international efforts to bring to justice 
Saddam Hussein, Slobodan Milosovic, Osama bin Laden, other members of 
Al Queda, leaders of Islamic Jihad, and other foreign nationals accused 
of genocide, war crimes or crimes against humanity.

                   TITLE IV--MAIL DELIVERY IN ALASKA

SEC. 4001. RURAL SERVICE IMPROVEMENT.

    (a) Short Title.--This title may be cited as the ``Rural Service 
Improvement Act of 2002''.
    (b) Findings.--Congress makes the following findings:
            (1) The State of Alaska is the largest State in the Union 
        and has a very limited system of roads connecting communities.
            (2) Alaska has more pilots per capita than any other State 
        in the Union.
            (3) Pilots flying in Alaska are often the most skilled and 
        best-prepared pilots in the world.
            (4) Air travel within the State of Alaska is often hampered 
        by severe weather conditions and treacherous terrain.
            (5) The United States Government owns nearly \2/3\ of 
        Alaska's landmass, including large tracts of land separating 
        isolated communities within the State.
            (6) Such Federal ownership has inhibited the ability of 
        Alaskans to build roads connecting isolated communities.
            (7) Most communities and a large portion of the population 
        within the State can only be reached by air.
            (8) The vast majority of food items and everyday 
        necessities destined for these isolated communities and 
        populations can only be transported through the air.
            (9) The Intra-Alaska Bypass Mail system, created by 
        Congress and operated by the United States Postal Service under 
        section 5402 of title 39, United States Code, with input from 
        the Department of Transportation, connecting hundreds of rural 
        and isolated communities within the State, is a critical piece 
        of the Alaska and the national transportation system. The 
        system is like a 4-legged stool, designed to--
                    (A) provide the most affordable means of delivering 
                food and everyday necessities to these rural and 
                isolated communities;
                    (B) establish a system whereby the Postal Service 
                can meet its obligations to deliver mail to every house 
                and business in America;
                    (C) support affordable and reliable passenger 
                service; and
                    (D) support affordable and reliable nonmail freight 
                service.
            (10) Without the Intra-Alaska Bypass Mail system--
                    (A) it would be difficult and more expensive for 
                the Postal Service to meet its obligation of delivering 
                mail to every house and business in America; and
                    (B) food, medicine, freight, and everyday 
                necessities and passenger service for these rural and 
                isolated communities would cost several times the 
                current level.
            (11) Attempts by Congress to support passenger and nonmail 
        freight service in Alaska using the Intra-Alaska Bypass Mail 
        system have yielded some positive results, but some carriers 
        have been manipulating the system by carrying few, if any, 
        passengers and little nonmail freight while earning most of 
        their revenues from the carriage of nonpriority bypass mail.
            (12) As long as the Federal Government continues to own 
        large tracts of land within the State of Alaska which impedes 
        access across these lands to connect isolated communities, it 
        is in the best interest of the Postal Service, the residents of 
        Alaska and the United States--
                    (A) to ensure that the Intra-Alaska Bypass Mail 
                system remains strong, viable, and affordable for the 
                Postal Service;
                    (B) to ensure that residents of rural and isolated 
                communities in Alaska continue to have affordable, 
                reliable, and safe passenger service;
                    (C) to ensure that residents of rural and isolated 
                communities in Alaska continue to have affordable, 
                reliable, and safe nonmail freight service;
                    (D) to encourage that intra-Alaska air carriers 
                move toward safer, more secure, and more reliable air 
                transportation under the Federal Aviation 
                Administration's guidelines and in accordance with part 
                121 of title 14, Code of Federal Regulations, where 
                such operations are supported by the needs of the 
                community; and
                    (E) that Congress, pursuant to the authority 
                granted under Article I, section 8 of the United States 
                Constitution to establish Post Offices and post roads, 
                make changes to ensure that the Intra-Alaska Bypass 
                Mail system continues to be used to support substantial 
                passenger and nonmail freight service and to reduce 
                costs for the Postal Service.
    (c) Selection of Carriers of Nonpriority Bypass Mail to Certain 
Points in Alaska.--
            (1) Definitions.--Section 5402 of title 39, United States 
        Code, is amended--
                    (A) by striking subsection (e);
                    (B) by redesignating subsections (a) through (d) as 
                subsections (b) through (e), respectively; and
                    (C) by inserting before subsection (b), as 
                redesignated, the following:
    ``(a) In this section--
            ``(1) the term `acceptance point' means the point at which 
        nonpriority bypass mail originates;
            ``(2) the terms `air carrier', `interstate air 
        transportation', and `foreign air transportation' have the 
        meanings given such terms in section 40102(a) of title 49, 
        U.S.C.;
            ``(3) the term `base fare' is the fare paid to the carrier 
        issuing the passenger ticket or carrying nonmail freight which 
        may entail service being provided by more than 1 carrier;
            ``(4) the term `bush carrier' means a carrier operating 
        aircraft certificated within the payload capacity requirements 
        of subsection (g)(1)(D)(i) on a city pair route;
            ``(5) the term `bush passenger carrier' means a passenger 
        carrier that meets the requirements of subsection (g)(1)(D)(i) 
        and provides passenger service on a city pair route;
            ``(6) the term `bush route' means an air route in which 
        only a bush carrier is tendered nonpriority bypass mail between 
        the origination point, being either an acceptance point or a 
        hub, as determined by the Postal Service, and the destination 
        city;
            ``(7) the term `city pair' means service between an origin 
        and destination city pair;
            ``(8) the term `composite rate'--
                    ``(A) means a combination of mainline and bush 
                rates paid to a bush carrier for a direct flight from 
                an acceptance point to a bush destination beyond a hub 
                point; and
                    ``(B) shall be based on the mainline rate paid to 
                the hub, plus the lowest bush rate paid to bush 
                carriers in the State of Alaska;
            ``(9) the term `equitable tender' means the practice of the 
        Postal Service of equitably distributing mail on a fair and 
        reasonable basis between those air carriers that offer 
        equivalent services and costs between 2 communities in 
        accordance with the regulations of the Postal Service;
            ``(10) the term `existing mainline carrier' means a 
        mainline carrier (as defined in this section) that on January 
        1, 2001, was--
                    ``(A) certified under part 121;
                    ``(B) qualified to provide mainline nonpriority 
                bypass mail service; and
                    ``(C) actually engaged in the carriage of mainline 
                nonpriority bypass mail through scheduled service 
                within the State of Alaska;
            ``(11) the term `freight service' means the transport of 
        cargo that otherwise cannot be carried on a qualified passenger 
        aircraft because of--
                    ``(A) size or weight restrictions imposed on the 
                aircraft or carrier providing the service; or
                    ``(B) prohibitions on the carriage of passengers 
                and hazardous materials on the same flight;
            ``(12) the term `mainline carrier' means a carrier 
        operating aircraft under part 121 and certificated within the 
        payload capacity requirements of subsection (g)(1)(D)(ii) on a 
        given city pair route;
            ``(13) the term `mainline route' means a city pair in which 
        a mainline carrier is tendered nonpriority bypass mail;
            ``(14) the term `new', when referencing a carrier, means a 
        carrier that--
                    ``(A) meets the respective requirements of 
                subsection (g)(1)(D)(i) or (ii), depending on the type 
                of route being served and the size of aircraft being 
                used to provide service; and
                    ``(B) began providing nonpriority bypass mail 
                service on a city pair route within the State of Alaska 
                after January 1, 2001;
            ``(15) the term `part 121' means part 121 of title 14, Code 
        of Federal Regulations;
            ``(16) the term `part 135' means part 135 of title 14, Code 
        of Federal Regulations;
            ``(17) the term `scheduled service' means--
                    ``(A) flights are operated in common carriage 
                available to the general public under a published 
                schedule;
                    ``(B) flight schedules are announced in advance to 
                the general public in systems specified by the Postal 
                Service, in addition to the Official Airline Guide or 
                the air cargo equivalent of that Guide;
                    ``(C) flights depart whether full or not; and
                    ``(D) customers contract for carriage separately on 
                a regular basis;
            ``(18) the term `Secretary' means the Secretary of 
        Transportation;
            ``(19) the term `121 bush passenger carrier' means a bush 
        passenger carrier providing passenger service on bush routes 
        under part 121;
            ``(20) the term `121 mainline passenger carrier' means a 
        mainline carrier providing passenger service through scheduled 
        service on routes under part 121;
            ``(21) the term `121 passenger aircraft' means an aircraft 
        flying passengers on a city pair route that is operated under 
        part 121;
            ``(22) the term `121 passenger carrier' means a passenger 
        carrier that provides scheduled service under part 121;
            ``(23) the term `135 bush passenger carrier' means a bush 
        passenger carrier providing passenger service through scheduled 
        service on bush routes under part 135; and
            ``(24) the term `135 passenger carrier' means a passenger 
        carrier that provides scheduled service under part 135.''.
            (2) Requirements for selection.--Section 5402(g)(1) of 
        title 39, United States Code, is amended--
                    (A) in the matter preceding subparagraph (A), by 
                inserting after ``in the State of Alaska,'' the 
                following: ``shall adhere to an equitable tender policy 
                within a qualified group of carriers, in accordance 
                with the regulations of the Postal Service, and'';
                    (B) in subparagraph (C) by striking ``to the best'' 
                and all that follows and inserting a semicolon; and
                    (C) in subparagraph (D) by inserting ``with at 
                least 3 scheduled (noncontract) flights per week 
                between two points'' after ``scheduled service''.
            (3) Application of rates.--Section 5402(g)(2) of title 39, 
        United States Code, is amended--
                    (A) by striking ``and'' at the end of subparagraph 
                (A);
                    (B) by striking the period at the end of 
                subparagraph (B) and inserting a semicolon; and
                    (C) by adding at the end the following:
            ``(C) shall offer a bush passenger carrier providing 
        service on a route between an acceptance point and a hub not 
        served by a mainline carrier the opportunity to receive 
        equitable tender of nonpriority bypass mail at mainline service 
        rates when a mainline carrier begins serving that route if the 
        bush passenger carrier--
                    ``(i) meets the requirements of paragraph (1);
                    ``(ii) provided at least 20 percent of the 
                passenger service (as calculated in subsection (h)(5)) 
                between such city pair for the 6 months immediately 
                preceding the date on which the bush carrier seeks such 
                tender; and
                    ``(iii) continues to provide not less than 20 
                percent of the passenger service on the city pair while 
                seeking such tender;
            ``(D) shall offer bush passenger carriers and nonmail 
        freight carriers the opportunity to receive equitable tender of 
        nonpriority bypass mail at mainline service rates from a hub 
        point to a destination city if the city pair is also being 
        served by a mainline carrier and--
                    ``(i) for a passenger carrier--
                            ``(I) the carrier meets the requirements of 
                        paragraph (1);
                            ``(II) the carrier provided at least 20 
                        percent of the passenger service (as calculated 
                        in subsection (h)(5)) on the city pair route 
                        for the 6 months immediately preceding the date 
                        on which the carrier seeks such tender; and
                            ``(III) the carrier continues to provide 
                        not less than 20 percent of the passenger 
                        service on the route; or
                    ``(ii) for a nonmail freight carrier--
                            ``(I) the carrier meets the requirements of 
                        paragraph (1); and
                            ``(II) the carrier provided at least 25 
                        percent of the nonmail freight service (as 
                        calculated in subsection (i)(6)) on the city 
                        pair route for the 6 months immediately 
                        preceding the date on which the carrier seeks 
                        such tender;
            ``(E)(i) shall not offer equitable tender of nonpriority 
        mainline bypass mail at mainline rates to a bush carrier 
        operating from an acceptance point to a hub point, except as 
        described in subparagraph (C); and
            ``(ii) may tender nonpriority bypass mail at bush rates to 
        a bush carrier if the Postal Service determines that--
                    ``(I) the bush carrier meets the requirements of 
                paragraph (1);
                    ``(II) the service to be provided on such route by 
                the bush carrier is not otherwise available through 
                direct mainline service; and
                    ``(III) tender of mail to such bush carrier will 
                not decrease the efficiency of nonpriority bypass mail 
                service (in terms of payments to all carriers providing 
                service on the city pair route and timely delivery) for 
                the route;
            ``(F) may offer tender of nonpriority bypass mail to a 
        passenger carrier from an acceptance point to a destination 
        city beyond a hub point at a composite rate if the Postal 
        Service determines that--
                    ``(i) the carrier provides passenger service in 
                accordance with the requirements of subsection (h)(2);
                    ``(ii) the carrier qualifies under subsection (h) 
                to be tendered nonpriority bypass mail out of the hub 
                point being bypassed;
                    ``(iii) the tender of such mail will not decrease 
                efficiency of delivery of nonpriority bypass mail 
                service into or out of the hub point being bypassed; 
                and
                    ``(iv) such tender will result in reduced payments 
                to the carrier by the Postal Service over flying the 
                entire route; and
            ``(G) notwithstanding subparagraph (F), shall offer 
        equitable tender of nonpriority mail in proportion to passenger 
        and nonmail freight mail pools described in this section 
        between qualified passenger and nonmail freight carriers on a 
        route from an acceptance point to a bush destination at a 
        composite rate if--
                    ``(i)(I) for a passenger carrier, the carrier 
                receiving the composite rate provided 20 percent of the 
                passenger service on the city pair route for the 12 
                months immediately preceding the date on which the 
                carrier seeks tender of such mail; or
                    ``(II) for a nonmail freight carrier, the carrier 
                receiving the composite rate provided at least 25 
                percent of the nonmail freight service for the 12 
                months immediately preceding the date on which the 
                carrier seeks tender of such mail; and
                    ``(ii)(I) nonpriority mail was being tendered to a 
                passenger carrier or a nonmail freight carrier at a 
                composite rate on such city pair route on January 1, 
                2000; or
                    ``(II) the hub being bypassed was not served by a 
                mainline carrier on January 1, 2000.
The tender of nonpriority bypass mail under subparagraph (G) shall be 
on an equitable basis between the qualified carriers that provide the 
direct service on the city pair route and the qualified carriers that 
provide service between the hub point being bypassed and the 
destination point, based on the volume of nonpriority bypass mail on 
both routes.''.
            (4) Selection of carriers to hub points.--Section 5402(g) 
        of title 39, United States Code, is amended by adding at the 
        end the following:
    ``(4)(A) Except as provided under subparagraph (B) and paragraph 
(5), the Postal Service shall select only existing mainline carriers to 
provide nonpriority bypass mail service between an acceptance point and 
a hub point in the State of Alaska.
    ``(B) The Postal Service may select a carrier other than an 
existing mainline carrier to provide nonpriority bypass mail service on 
a mainline route in the State of Alaska if--
            ``(i) the Postal Service determines (in accordance with 
        criteria established in advance by the Postal Service) that the 
        mail service between the acceptance point and the hub point is 
        deficient and provides written notice of the determination to 
        existing mainline carriers to the hub point; and
            ``(ii) after the 30-day period following issuance of notice 
        under clause (i), including notice of inadequate capacity, the 
        Postal Service determines that deficiencies in service to the 
        hub point have not been eliminated.
    ``(5)(A) The Postal Service shall offer equitable tender of 
nonpriority bypass mail to a new 121 mainline passenger carrier 
entering a mainline route in the State of Alaska, if that carrier--
            ``(i) meets the requirements of subsection (g)(1)(D)(ii); 
        and
            ``(ii) has provided at least 50 percent of the number of 
        insured passenger seats as the number of available passenger 
        seats being provided by the mainline passenger carrier 
        providing the greatest number of available passenger seats on 
        that route for the 6 months immediately preceding the date on 
        which such carrier seeks tender.
    ``(B) A new 121 mainline passenger carrier that is tendered 
nonpriority mainline bypass mail under subparagraph (A)--
            ``(i) shall be eligible for equitable tender of such mail 
        only on city pair routes where the carrier meets the conditions 
        of subparagraph (A);
            ``(ii) may not count the passenger service provided under 
        subparagraph (A) toward the carrier meeting the minimum 
        requirements of this section; and
            ``(iii) shall provide at least 20 percent of the passenger 
        service (as determined for bush passenger carriers in 
        subsection (h)(5)) on such route to remain eligible to be 
        tendered nonpriority mainline bypass mail.
    ``(C) Notwithstanding paragraphs (1)(B) and (5)(A), a new 121 
mainline passenger carrier, otherwise qualified under this subsection, 
may immediately receive equitable tender of nonpriority mainline bypass 
mail to a hub point if it meets the requirements of subsections (g)(1) 
(A), (C), and (D) and (h)(2)(B) and--
            ``(i) all qualified 121 mainline passenger carriers 
        discontinue service on that city pair route; or
            ``(ii) no 121 mainline passenger carrier serves that city 
        pair route.
    ``(D) A carrier operating under a code share agreement on the date 
of enactment of the Rural Service Improvement Act of 2002 that received 
tender of nonpriority mainline bypass mail on a city pair route may 
count the passenger service provided under the entire code share 
arrangement on such route if the code share agreement terminates. That 
carrier shall continue to provide at least 20 percent of the passenger 
service (as determined for bush passenger carriers in subsection 
(h)(5)) between the city pair as a 121 mainline passenger carrier while 
seeking such tender.
    ``(6)(A) Notwithstanding subsection (g)(1)(B), passenger carriers 
providing Essential Air Service under a Department of Transportation 
order issued under subchapter II of chapter 417 of title 49, U.S.C., 
shall be tendered all nonpriority mail, in addition to all nonpriority 
bypass mail, by the Postal Service to destination cities served by the 
Essential Air Service flights consistent with that order unless the 
Postal Service finds that the Essential Air Service carrier's service 
does not meet the needs of the Postal Service.
    ``(B) Service provided under this paragraph, including service 
provided to points served in conjunction with service being subsidized 
under the Essential Air Service contract, may not be applied toward any 
of the minimum eligibility requirements of this section.''.
            (5) Selection of carriers to bush points.--Section 5402 of 
        title 39, United States Code, is amended by adding at the end 
        the following:
    ``(h)(1) Except as provided under paragraph (7), on a given city 
pair route, the Postal Service shall offer equitable tender of 70 
percent of the nonpriority bypass mail on that route to all carriers 
providing scheduled passenger service in accordance with part 121 or 
part 135 that--
            ``(A) meet the requirements of subsection (g)(1);
            ``(B) provided 20 percent or more of the passenger service 
        (as calculated in paragraph (5)) between the city pair for the 
        12 months preceding the date on which the 121 passenger 
        aircraft or the 135 passenger carrier seek tender of 
        nonpriority bypass mail; and
            ``(C) meet the requirements of paragraph (2).
    ``(2) To remain eligible for equitable tender under this 
subsection, the carrier or aircraft shall--
            ``(A) continue to provide not less than 20 percent of the 
        passenger service on the city pair route for which the carrier 
        is seeking the tender of such nonpriority bypass mail;
            ``(B)(i) for operations under part 121, operate aircraft 
        type certificated to carry at least 19 passengers;
            ``(ii) for operations under part 135, operate aircraft type 
        certificated to carry at least 5 passengers; or
            ``(iii) for operations under part 135 where only a water 
        landing is available, operate aircraft type certificated to 
        carry at least 3 passengers;
            ``(C) insure all available passenger seats on the city pair 
        route on which the carrier seeks tender of such mail; and
            ``(D) operate flights under its published schedule.
    ``(3)(A) Except as provided under subparagraph (E), if a 135 
passenger carrier serves a city pair route and meets the requirements 
of paragraph (1) or (2) when a 121 passenger carrier becomes qualified 
to be tendered nonpriority bypass mail on such route with a 121 
passenger aircraft in accordance with paragraphs (1) and (2), the 
qualifying 135 passenger carriers on that route shall convert to 
operations with a 121 passenger aircraft within 5 years after the 121 
passenger aircraft begins receiving tender on that route in order to 
remain eligible for equitable tender under paragraph (1). The 135 
carrier shall--
            ``(i) begin the process of conversion not later than 2 
        years after the 121 passenger aircraft begins carrying 
        nonpriority bypass mail on that route; and
            ``(ii) submit a part 121 compliance statement not later 
        than 4 years after the 121 passenger aircraft begins carrying 
        nonpriority bypass mail on that route.
    ``(B) Completion of conversion under subparagraph (A) shall not be 
required if all 121 passenger carriers discontinue the carriage of 
nonpriority bypass mail with 121 passenger aircraft on the city pair 
route.
    ``(C) Any qualified carrier operating in the State of Alaska under 
this section may request a waiver from subparagraph (A). Such a 
request, at the discretion of the Secretary, may be granted for good 
cause shown. The requesting party shall state the basis for such a 
waiver.
    ``(D) If 6 years and 3 months after the date of enactment of the 
Rural Service Improvement Act of 2002, a 135 passenger carrier is 
providing service on a city pair route and a 121 passenger aircraft 
becomes eligible to receive tender of nonpriority bypass mail on that 
route, that 135 passenger carrier shall convert to operations under 
part 121 within 12 months of the 121 passenger carrier being tendered 
nonpriority bypass mail. The Postal Service shall not continue the 
tender of nonpriority bypass mail to a 135 passenger carrier that fails 
to convert to part 121 operations within 12 months after the 121 
passenger carrier being tendered such mail under this paragraph.
    ``(E) Notwithstanding the requirements of this subsection, if only 
1 passenger carrier or aircraft is qualified to be tendered nonpriority 
bypass mail as a passenger carrier or aircraft on a city pair route, 
the Postal Service shall tender 20 percent of the nonpriority bypass 
mail described under paragraph (1) to the passenger carrier or aircraft 
providing the next highest level of passenger service on such route.
    ``(4) Qualification for the tender of mail under this subsection 
shall not be counted toward the minimum qualifications necessary to be 
tendered nonpriority bypass mail on any other route.
    ``(5)(A)(i) In this section, the percent of the passenger service 
shall be calculated using the data described under clause (ii). To 
ensure accurate reporting of market share the Postal Service shall 
compare the resulting percentage to the data collected under subsection 
(k). Any carrier purposefully falsifying data or significantly 
misstating market share in an attempt to qualify for tender of 
nonpriority bypass mail may be subject to penalties described in 
subsection (o).
    ``(ii) The Postal Service shall calculate the percent of passenger 
service provided by a carrier on a city pair route by calculating the 
lesser of--
            ``(I) the amount of the passenger excise tax paid by or on 
        behalf of a carrier, as determined by reviewing the collected 
        amount of base fares for passengers actually flown by a carrier 
        from the origination point to the destination point, divided by 
        the value of the total passenger excise taxes, as determined by 
        reviewing the collected amount of base fares paid by or on 
        behalf of all passenger carriers providing service from the hub 
        point to the bush destination point; or
            ``(II) the amount of half of the passenger excise tax paid 
        by or on behalf of a carrier, as determined by reviewing the 
        collected amount of base fares for passengers actually flown by 
        a carrier on the city pair route, divided by the value of the 
        total passenger excise taxes, as determined by reviewing the 
        collected amount of base fares paid by or on behalf of all 
        passenger carriers providing service between the origination 
        point and the destination point.
    ``(B) For the purposes of calculating passenger service as 
described under subparagraph (A), a bush passenger carrier providing 
intervillage bush passenger service may include the carriage of 
passengers carried along any point of the route between the route's 
origination point and the final destination point. Such calculation 
shall be based only on the carriage of passengers on regularly 
scheduled flights and only on flights being flown in a direction away 
from the hub point. Passenger service provided on chartered flights 
shall not be included in the carrier's calculation of passenger 
service.
    ``(6)(A) The Secretary shall establish new bush rates for passenger 
carriers receiving tender of nonpriority bypass mail under this 
subsection.
    ``(B) The Secretary shall establish a bush rate based on data 
collected under subsection (k) from 121 bush passenger carriers. Such 
rates shall be paid to all bush passenger carriers operating on city 
pair routes where a 121 bush passenger carrier is tendered nonpriority 
bypass mail.
    ``(C) The Secretary shall establish a bush rate based on data 
collected under subsection (k) from 135 bush passenger carriers. Such 
rates shall be paid to all bush passenger carriers operating on city 
pair routes where no 121 bush passenger carrier is tendered nonpriority 
bypass mail.
    ``(D) The Secretary shall establish a bush rate based on data 
collected under subsection (k) from bush passenger carriers operating 
aircraft on city pair routes where only water landings are available. 
Such rates shall be paid to all bush passenger carriers operating on 
the city pair routes where only water landings are available.
    ``(7) The percentage rate in paragraph (1) shall be 75 percent 3 
years and 3 months after the date of enactment of the Rural Service 
Improvement Act of 2002.
    ``(i)(1) Except as provided under paragraph (7), on a given city 
pair route, the Postal Service shall offer equitable tender of 20 
percent of the nonpriority bypass mail on such route to those carriers 
transporting 25 percent or more of the total nonmail freight (in 
revenue or weight as determined by the Postal Service), for the 12 
months immediately preceding the date on which the freight carrier 
seeks tender of nonpriority bypass mail.
    ``(2) To remain eligible for equitable tender under this 
subsection, a freight carrier shall continue to provide not less than 
25 percent of the nonmail freight service on the city pair route for 
which the carrier is seeking tender of such mail.
    ``(3) If a new freight carrier enters a market, that freight 
carrier shall meet the minimum requirements of subsection (g)(1) and 
shall operate for 12 months on a given city pair route before being 
eligible for equitable tender of nonpriority bypass mail on that route.
    ``(4) If no carrier qualifies for tender of nonpriority bypass mail 
under this subsection, such mail to be divided under this subsection, 
as described in paragraph (1), shall be tendered to the nonmail freight 
carrier providing the highest percentage of nonmail freight service (in 
terms of revenue or weight as determined by the Postal Service as 
calculated under paragraph (6)) on the city pair route. If no nonmail 
freight carrier is present on a route to receive tender of nonpriority 
bypass mail under this paragraph, the nonpriority bypass mail to be 
divided under paragraph (1) shall be divided equitably among carriers 
qualified under subsection (h).
    ``(5) Qualification for the tender of mail under this subsection 
shall not be counted toward the minimum qualifications necessary to be 
tendered nonpriority bypass mail on any other route.
    ``(6)(A) In this subsection, the percent of nonmail freight shall 
be determined by calculating the lesser of--
            ``(i) the amount of the freight excise tax paid by or on 
        behalf of a carrier, as determined by reviewing the collected 
        amount of base fares for nonmail freight actually flown by a 
        carrier from the origination point to the destination point, 
        divided by the value of the total nonmail freight excise taxes, 
        as determined by reviewing the collected amount of base fares 
        paid by or on behalf of all nonmail freight carriers providing 
        service from the origination point to the destination point; or
            ``(ii) the amount of half of the nonmail freight excise tax 
        paid by or on behalf of a carrier, as determined by reviewing 
        the collected amount of base fares for nonmail freight actually 
        flown by a carrier on the city pair route, divided by the value 
        of the total nonmail freight excise taxes, as determined by 
        reviewing the collected amount of base fares paid by or on 
        behalf of all nonmail freight carriers providing service on the 
        city pair route.
    ``(B) To ensure accurate reporting of market share the Postal 
Service shall compare the resulting percentage under subparagraph (A) 
to the percent of nonmail freight carried on a city pair route as 
calculated from data provided pursuant to subsection (k), by dividing 
the revenue of, or weight of (as determined by the Postal Service), 
nonmail freight earned by or carried by a carrier from the transport of 
nonmail freight from an origination point to a destination point by the 
total amount of revenue earned, or the weight of, nonmail freight 
carried (as determined by the Postal Service) by all carriers from the 
transport of nonmail freight from the origination point to the 
destination point. Any carrier purposefully falsifying data or 
significantly misstating market share in an attempt to qualify for 
tender of nonpriority bypass mail may be subject to penalties described 
in subsection (o).
    ``(7) The percentage rate in paragraph (1) shall be 25 percent 3 
years and 3 months after the date of enactment of the Rural Service 
Improvement Act of 2002.
    ``(j)(1) Except as provided by paragraph (3), there shall be 
equitable tender of 10 percent of the nonpriority bypass mail to all 
carriers on each city pair route meeting the requirements of subsection 
(g)(1) that do not otherwise qualify for tender under subsection (h) or 
(i).
    ``(2) If no carrier qualifies under this subsection with respect to 
a city pair route, the 10 percent of nonpriority bypass mail allocated 
under paragraph (1) shall be divided evenly between the pools described 
under subsections (h) and (i) to be equitably tendered among qualified 
carriers under such subsections, such that--
            ``(A) the amount of nonpriority bypass mail available for 
        tender among qualified carriers under subsection (h) shall be 
        75 percent; and
            ``(B) the amount of nonpriority bypass mail available for 
        tender among qualified carriers under subsection (i) shall be 
        25 percent.
    ``(3)(A) Except as provided by subparagraph (B), the percentage 
rate under paragraph (1) shall be 0 percent 3 years and 3 months after 
the date of enactment of the Rural Service Improvement Act of 2002.
    ``(B) The percentage rate under paragraph (1) shall remain 10 
percent for equitable tender for 6 years and 3 months after the date of 
enactment of the Rural Service Improvement Act of 2002 for a 
nonpriority bypass mail carrier on bush routes originating from the 
main hub of the carrier designated under subparagraph (C), if the 
carrier seeking the tender of such mail--
            ``(i) meets the requirements of subsection (g)(1);
            ``(ii) is not qualified under subsection (h) or (i);
            ``(iii) operates routes originating from the main hub of 
        the carrier designated under subparagraph (C); and
            ``(iv) has invested at least $500,000 in a physical hanger 
        facility prior to January 1, 2002 in such a hub city.
    ``(C) For purposes of subparagraph (B), a carrier may designate 
only one hub city as its main hub and once such designation is 
transmitted to the Postal Service it may not be changed. Such selection 
and transmission must be transmitted to the Postal Service within 6 
months of the date of enactment of the Rural Service Improvement Act of 
2002. A carrier attempting to receive tender of nonpriority bypass mail 
under this subsection shall not be eligible for such tender after the 
carrier becomes qualified for tender of nonpriority bypass mail under 
subsection (h) or (i) on any route. The purchase of another carrier's 
hanger facility after such date of enactment shall not be considered 
sufficient to meet the requirement of subparagraph (B)(iv).
    ``(k)(1) Not less than every 2 years, in conjunction with annual 
updates, the Secretary shall review the need for a bush mail rate 
investigation. The Secretary shall use show cause procedures to 
speedily and more accurately determine the cost of providing bush mail 
service. In determining such rates, the Secretary shall not take into 
account the cost of passenger insurance rates or premiums paid by the 
passenger carriers or other costs associated with passenger service.
    ``(2) In order to assure sufficient, reliable, and timely traffic 
data to meet the requirements of this subsection, the Secretary shall 
require--
            ``(A) the monthly submission of the bush carrier's data on 
        T-100 diskettes, or any other suitable form of data collection, 
        as determined by the Secretary; and
            ``(B) the carriers to retain all books, records, and other 
        source and summary documentation to support their reports and 
        to preserve and maintain such documentation in a manner that 
        readily permits the audit and examination by representatives of 
        the Postal Service or the Secretary.
    ``(3) Documentation under paragraph (2) shall be retained for 7 
years or until the Secretary indicates that the records may be 
destroyed. Copies of flight logs for aircraft sold or disposed of shall 
be retained.
    ``(4) Carriers qualified to be tendered nonpriority bypass mail 
shall submit to the Secretary the number and type of aircraft in the 
carrier's fleet, the level of passenger insurance covering its fleet, 
and the name of the insurance company providing such coverage.
    ``(5) Not later than 30 days after the last day of each calendar 
month, carriers shall report to the Secretary the excise taxes paid by 
city pair to the Department of the Treasury and the weight of and 
revenue earned by the carriage of nonmail freight. Final compiled data 
shall be made available to carriers providing service in the hub.
    ``(l) No qualified carrier may be tendered nonpriority bypass mail 
under subsections (h) and (i) simultaneously on a route unless no other 
carrier is tendered mail under either subsection.
    ``(m)(1) Carriers qualifying for tender under subsections (h) and 
(i) simultaneously shall be tendered nonpriority bypass mail under 
subsection (h).
    ``(2) A carrier shall be tendered nonpriority bypass mail under 
subsection (i) if that carrier--
            ``(A) was qualified under both subsections (h) and (i) 
        simultaneously; and
            ``(B) becomes unqualified under subsection (h) but remains 
        qualified under subsection (i).
    ``(n)(1) A carrier operation resulting from a merger or acquisition 
between any 2 carriers operating between points in Alaska shall have 
the passenger and nonmail freight of all such merged or acquired 
carriers on the applicable route counted toward meeting the resulting 
carrier's minimum requirements to receive equitable tender of 
nonpriority bypass mail on such route for the 12-month period following 
the merger or acquisition.
    ``(2) After the 12-month period described under paragraph (1), the 
carrier resulting from the merger or acquisition shall demonstrate that 
the carrier meets the minimum passenger or nonmail freight carriage 
requirements of this section to continue receiving tender of such mail.
    ``(o) In addition to any penalties applied to a carrier by the 
Federal Aviation Administration or the Secretary, any carrier that 
significantly misstates passenger or nonmail freight data required to 
be reported under this section on any route, in an attempt to qualify 
for tender of nonpriority bypass mail, shall receive--
            ``(1) a 1-month suspension of tender of nonpriority bypass 
        mail on the route where the data was misstated for the first 
        offense;
            ``(2) a 6-month suspension of tender of nonpriority bypass 
        mail on the route where the data was misstated for the second 
        offense;
            ``(3) a 1-year suspension of tender of all nonpriority 
        bypass mail in the entire State of Alaska for the third offense 
        in the State; and
            ``(4) a permanent suspension of tender of all nonpriority 
        bypass mail in the entire State of Alaska for the fourth 
        offense in the State.
    ``(p)(1) The Postal Service or the Secretary, in carrying out 
subsection (g)(2), (h), or (i), may deny equitable tender to an 
otherwise qualified carrier who does not operate under this section in 
good faith or under the intent of the `Rural Service Improvement Act of 
2002'.
    ``(2) The Postal Service or the Secretary may waive any provision 
of subsection (h) or (i), if the carrier provides substantial passenger 
or nonmail freight service on the route where the carrier seeks tender 
of nonpriority mail and nonpriority bypass mail.
    ``(3) To ensure adequate competition among passenger and nonmail 
freight carriers on a mainline route the Postal Service or the 
Secretary may waive the requirements of subsection (g) (1)(D), (2)(E), 
(4), or (5), or any provision of subsection (h), if--
            ``(A) a 121 bush passenger carrier seeks tender of 
        nonpriority mail or nonpriority bypass mail on a mainline route 
        not served by a 121 mainline passenger carrier and the 121 bush 
        passenger carrier provides substantial passenger or nonmail 
        freight service on the route; or
            ``(B) a carrier meeting the requirements of subsection 
        (g)(1)(D)(ii) seeks tender of nonpriority bypass mail and 
        provides substantial nonmail freight service on the city pair 
        route.
Waivers granted under this paragraph shall cease to be valid once a 
qualified mainline carrier begins providing service and seeks tender of 
nonpriority bypass mail in accordance with this section on the city 
pair route. The receipt of waivers and subsequent operation of service 
on a city pair route under this subsection shall not be counted toward 
meeting the requirements of any part of this section for any other city 
pair route. In granting waivers under this paragraph and offering 
equitable tender of nonpriority bypass mail the Postal Service or the 
Secretary shall give preference to passenger service needs over nonmail 
freight needs on a city pair route.
    ``(4) In granting waivers for or denying tender to carriers under 
this subsection, the Postal Service or the Secretary shall consider in 
the following order of importance--
            ``(A) the passenger needs of the destination to be served 
        (including amount and level);
            ``(B) the nonmail freight needs of the destination to be 
        served;
            ``(C) the amount of nonpriority bypass mail service already 
        available to the destination;
            ``(D) the mail needs of the destination to be served;
            ``(E) the savings to the Postal Service in terms of 
        payments made to carriers;
            ``(F) the amount or level of passenger service already 
        available to the destination; and
            ``(G) the amount of nonmail freight service already 
        available to the destination.
    ``(q) The Secretary shall make a regular review of carriers 
receiving, or attempting to qualify to receive, equitable tender of 
nonpriority bypass mail. If the Secretary suspends or revokes an 
operating certificate, the Secretary shall notify the Postal Service. 
Upon such notification, the Postal Service shall cease tender of mail 
to such carrier until the Secretary certifies the carrier is operating 
in a safe manner. Upon such receipt, the carrier shall demonstrate that 
it otherwise meets the minimum carriage requirements of this section 
before being tendered mail under this section.
    ``(r) The Postal Service shall have the authority to tender 
nonpriority bypass mail to any carrier that meets the requirements of 
subsection (g)(1) on any route on an emergency basis. Such emergency 
tender shall cease when a carrier qualifies for tender on such route 
under the terms of this section.
    ``(s) Notwithstanding any other provision of law, and except for 
written contracts authorized under subsections (b), (c) and (d) of this 
section, tender by the Postal Service of any category of mail to a 
carrier for transportation between any two points within the State of 
Alaska shall not give rise to any contract between the Postal Service 
and a carrier, nor shall any such carrier acquire any right in 
continued or future tender of such mail by virtue of past or present 
receipt of such mail. This subsection shall apply to any case commenced 
before, on, or after the date of enactment of this subsection.''.
    (d) Actions of Air Carriers To Qualify.--Beginning 6 months after 
the date of enactment of this Act, if the Secretary determines, based 
on the Secretary's findings and recommendations of the Postal Service, 
that an air carrier being tendered nonpriority bush bypass mail is not 
taking actions to attempt to qualify as a bush passenger or nonmail 
freight carrier under section 5402 of title 39, United States Code (as 
amended by this title), the Postal Service shall immediately cease 
tender of all nonpriority bypass mail to such carrier.
    (e) Technical and Conforming Amendments.--
            (1) Title 39.--Section 5402 of title 39, United States 
        Code, is amended--
                    (A) in subsections (b) through (e) (as redesignated 
                by this title) and subsection (f) by striking 
                ``Secretary of Transportation'' each place it appears 
                and inserting ``Secretary''; and
                    (B) in subsection (f)--
                            (i) by striking ``subsections (a), (b), and 
                        (c)'' and inserting ``subsections (b), (c), and 
                        (d)''; and
                            (ii) by striking ``subsection (d)'' and 
                        inserting ``subsection (e)''.
            (2) Title 49.--Section 41901 of title 49, United States 
        Code, is amended in subsection (a), by striking ``5402(d)'' and 
        inserting ``5402(e)''.
    (f) Reports to Congress.--Not later than 12 months after the date 
of enactment of this Act, the Postal Service and the Secretary of 
Transportation shall submit a report to the Committee on Government 
Reform of the House of Representatives and the Committee on 
Governmental Affairs of the Senate on the progress of implementing this 
title.
    (g) Effective Dates.--
            (1) In general.--Except as provided under paragraph (2), 
        this title (including the amendments made by this title) shall 
        take effect on the date of enactment of this Act.
            (2) Selection of carriers.--Subsection (c)(5) shall take 
        effect 15 months after the date of enactment of this Act.
    This Act may be cited as the ``2002 Supplemental Appropriations Act 
for Further Recovery From and Response To Terrorist Attacks on the 
United States''.

            Attest:

                                                             Secretary.
107th CONGRESS

  2d Session

                               H. R. 4775

_______________________________________________________________________

                               AMENDMENT