[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4775 Engrossed in House (EH)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
107th CONGRESS
  2d Session
                                H. R. 4775

_______________________________________________________________________

                                 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
That the following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for the fiscal year ending 
September 30, 2002, and for other purposes, namely:

                  TITLE I--SUPPLEMENTAL APPROPRIATIONS

                               CHAPTER 1

                       DEPARTMENT OF AGRICULTURE

                   Food Safety and Inspection Service

    For an additional amount for ``Food Safety and Inspection 
Service'', $2,000,000, to remain available until expended: Provided, 
That the entire amount shall be available only to the extent an 
official budget request, that includes designation of the entire amount 
of the request as an emergency requirement as defined in the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended, is 
transmitted by the President to the Congress: Provided further, That 
the entire amount is designated by the Congress as an emergency 
requirement pursuant to section 251(b)(2)(A) of such Act.

                       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, which shall be placed in 
reserve for use in only such amounts, and in such manner, as the 
Secretary determines necessary, notwithstanding section 17(i) of the 
Child Nutrition Act.

               Animal and Plant Health Inspection Service

                         salaries and expenses

    For an additional amount for ``Animal and Plant Health Inspection 
Service, Salaries and Expenses'', $10,000,000, to remain available 
until expended, to assist in State efforts to prevent and control 
transmissible spongiform encephalopathy, including bovine spongiform 
encephalopathy, chronic wasting disease, and scrapie, in farmed and 
free-ranging animals: Provided, That the entire amount shall be 
available only to the extent an official budget request, that includes 
designation of the entire amount of the request as an emergency 
requirement as defined in the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended, is transmitted by the President to the 
Congress: Provided further, That the entire amount is designated by the 
Congress as an emergency requirement pursuant to section 251(b)(2)(A) 
of such Act.

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                      Food and Drug Administration

                         salaries and expenses

    For an additional amount for ``Food and Drug Administration, 
Salaries and Expenses'', $18,000,000, to remain available until 
expended: Provided, That the entire amount shall be available only to 
the extent an official budget request, that includes designation of the 
entire amount of the request as an emergency requirement as defined in 
the Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended, is transmitted by the President to the Congress: Provided 
further, That the entire amount is designated by the Congress as an 
emergency requirement pursuant to section 251(b)(2)(A) of such Act.

                    GENERAL PROVISIONS--THIS CHAPTER

    Sec. 101. Of the funds made available for the Export Enhancement 
Program, pursuant to section 301(e) of the Agricultural Trade Act of 
1978, as amended by Public Law 104-127, not more than $28,000,000 shall 
be available in fiscal year 2002.

                               CHAPTER 2

                         DEPARTMENT OF JUSTICE

                         General Administration

                         salaries and expenses

    For an additional amount for ``Salaries and Expenses'' for 
emergency expenses resulting from the September 11, 2001, terrorist 
attacks, $5,750,000: 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.

                            Legal Activities

         salaries and expenses, united states marshals service

    For an additional amount for ``Salaries and Expenses'' for 
emergency expenses resulting from the September 11, 2001, terrorist 
attacks, $1,000,000, 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 the entire amount shall be available only to the extent that an 
official budget request, that includes designation of the entire amount 
of the request as an emergency requirement as defined in the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended, is 
transmitted by the President to the Congress.

                    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, $112,000,000, 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: Provided 
further, That $102,000,000 shall be available only to the extent that 
an official budget request for a specific dollar amount that includes 
the designation of the entire amount of the request as an emergency 
requirement as defined in the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended, is transmitted by the President to the 
Congress.

                 Immigration and Naturalization Service

                         salaries and expenses

                     enforcement and border affairs

    For an additional amount for ``Salaries and Expenses, Enforcement 
and Border Affairs'' for emergency expenses resulting from the 
September 11, 2001, terrorist attacks, $75,000,000, to remain available 
until expended: Provided, That none of the funds appropriated in this 
Act, or in Public Law 107-117, for the Immigration and Naturalization 
Service's Entry Exit System may be obligated until the INS submits a 
plan for expenditure that (1) meets the capital planning and investment 
control review requirements established by the Office of Management and 
Budget, including OMB Circular A-11, part 3; (2) complies with the 
acquisition rules, requirements, guidelines, and systems acquisition 
management practices of the Federal Government; (3) is reviewed by the 
General Accounting Office; and (4) has been approved by the Committees 
on Appropriations: Provided further, That 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 $40,000,000 
shall be available only to the extent that an official budget request 
for a specific dollar amount that includes the designation of the 
entire amount of the request as an emergency requirement as defined in 
the Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended, is transmitted by the President to the Congress.

                       Office of Justice Programs

                           justice assistance

    For an additional amount for ``Justice Assistance'' for grants, 
cooperative agreements, and other assistance authorized by sections 819 
and 821 of the Antiterrorism and Effective Death Penalty Act of 1996 
and section 1014 of the USA PATRIOT Act (Public Law 107-56) and for 
other counter-terrorism programs, including first responder training 
and equipment to respond to acts of terrorism, including incidents 
involving weapons of mass destruction or chemical or biological 
weapons, $175,000,000, 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

                            RELATED AGENCIES

            Office of the United States Trade Representative

                         salaries and expenses

    For an additional amount for ``Salaries and Expenses'' for 
emergency expenses for increased security requirements, $1,100,000, 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 the entire 
amount shall be available only to the extent that an official budget 
request, that includes designation of the entire amount of the request 
as an emergency requirement as defined in the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended, is transmitted by 
the President of the Congress.

                         DEPARTMENT OF COMMERCE

             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, $4,000,000: 
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.

            National Oceanic and Atmospheric Administration

                   fisheries finance program account

    Funds provided under the heading, ``Fisheries Finance Program 
Account'' for the direct loan program authorized by the Merchant Marine 
Act of 1936, as amended, are available to subsidize gross obligations 
during fiscal year 2002 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 the Supreme Court building, $10,000,000, 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.

    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 
costs related to terrorist trials, $6,258,000, 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 $3,115,000 shall be available only to 
the extent that an official budget request for a specific dollar amount 
that includes the designation of the entire amount of the request as an 
emergency requirement as defined in the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended, is transmitted by the 
President of the Congress.

                 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, $51,050,000, 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.

               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, $20,000,000, 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 shall be available only to 
the extent that an official budget request for a specific dollar amount 
that includes the designation of the entire amount of the request as an 
emergency requirement as defined in the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended, is transmitted by the 
President to the Congress.

            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, $200,516,000, 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.

              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 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

    For an additional amount for ``Contributions for International 
Peacekeeping Activities'' to make United States peacekeeping payments 
to the United Nations at a time of multilateral cooperation in the war 
on terrorism, $43,000,000: 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.

                             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 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.

                   broadcasting capital improvements

    For an additional amount for ``Broadcasting Capital Improvements'' 
for emergency expenses for activities related to combating 
international terrorism, $7,700,000, 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 the entire amount shall be available 
only to the extent that an official budget request, that includes 
designation of the entire amount of the request as an emergency 
requirement as defined in the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended, is transmitted by the President to the 
Congress.

                            RELATED AGENCIES

                   Securities and Exchange Commission

                         salaries and expenses

    For an additional amount for ``Salaries and Expenses'' for 
additional staffing to respond to increased needs for enforcement and 
oversight of corporate finance, $20,000,000 from fees collected in 
fiscal year 2002, to remain available until expended.
    In addition, for an additional amount for ``Salaries and Expenses'' 
for emergency expenses resulting from the September 11, 2001, terrorist 
attacks, $9,300,000, 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 the entire amount shall be available only to the extent that an 
official budget request, that includes designation of the entire amount 
of the request as an emergency requirement as defined in the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended, is 
transmitted by the President to the Congress.

                           GENERAL PROVISIONS

    Sec. 201. Funds appropriated by this Act for the Broadcasting Board 
of Governors and the Department of State may be obligated and expended 
notwithstanding section 313 of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995, section 15 of the State Department Basic 
Authorities Act of 1956, as amended, and section 504(a)(1) of the 
National Security Act of 1947 (50 U.S.C. 414(a)(1)).
    Sec. 202. Section 286(e)(3) of the Immigration and Nationality Act 
(8 U.S.C. 1356(e)(3) is amended--
            (1) by striking ``is authorized to'' and inserting 
        ``shall''; and
            (2) by striking ``authorization'' and inserting 
        ``requirement''.
    Sec. 203. (a)(1) During fiscal year 2002 and each succeeding fiscal 
year, notwithstanding any provision of the Federal Rules of Criminal 
Procedure to the contrary, in order to permit victims of crimes 
associated with the terrorist acts of September 11, 2001, to watch 
trial proceedings in the criminal case against Zacarias Moussaoui, the 
trial court in that case shall order, subject to paragraph (3) and 
subsection (b), closed circuit televising of the trial proceedings to 
convenient locations the trial court determines are reasonably 
necessary, for viewing by those victims.
    (2)(A) As used in this section and subject to subparagraph (B), the 
term ``victims of crimes associated with the terrorist acts of 
September 11, 2001'' means individuals who--
            (i) suffered direct physical harm as a result of the 
        terrorist acts that occurred in New York, Pennsylvania and 
        Virginia on September 11, 2001 (hereafter in this section 
        ``terrorist acts'') and were present at the scene of the 
        terrorist acts when they occurred, or immediately thereafter; 
        or
            (ii) are the spouse, legal guardian, parent, child, 
        brother, or sister of, or who as determined by the court have a 
        relationship of similar significance to, an individual 
        described in subparagraph (A)(i), if the latter individual is 
        under 18 years of age, incompetent, incapacitated, has a 
        serious injury, or disability that requires assistance of 
        another person for mobility, or is deceased.
    (B) The term defined in paragraph (A) shall not apply to an 
individual who participated or conspired in one or more of the 
terrorist acts.
    (3) Nothing in this section shall be construed to eliminate or 
limit the district court's discretion to control the manner, 
circumstances, or availability of the broadcast where necessary to 
control the courtroom or protect the integrity of the trial proceedings 
or the safety of the trial participants. The district court's exercise 
of such discretion shall be entitled to substantial deference.
    (b) Except as provided in subsection (a), the terms and 
restrictions of section 235(b), (c), (d) and (e) of the Antiterrorism 
and Effective Death Penalty Act of 1996 (42 U.S.C. 10608(b), (c), (d), 
and (e)), shall apply to the televising of trial proceedings under this 
section.
    Sec. 204. 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.

                               CHAPTER 3

           DEPARTMENT OF DEFENSE--MILITARY 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

                    Operation and Maintenance, Army

    For an additional amount for ``Operation and Maintenance, Army'', 
$226,000,000, to remain available for obligation until September 30, 
2003: Provided, That the entire amount is designated by the Congress as 
an emergency requirement pursuant to section 251(b)(2)(A) of the 
Balanced Budget and Emergency Deficit Control Act of 1985, as amended: 
Provided further, That $119,000,000 shall be available only to the 
extent that an official budget request for $119,000,000, that includes 
designation of the entire amount of the request as an emergency 
requirement as defined in the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended, is transmitted by the President to the 
Congress.

                    Operation and Maintenance, Navy

    For an additional amount for ``Operation and Maintenance, Navy'', 
$53,750,000, to remain available for obligation until September 30, 
2003: Provided, That the entire amount is designated by the Congress as 
an emergency requirement pursuant to section 251(b)(2)(A) of the 
Balanced Budget and Emergency Deficit Control Act of 1985, as amended: 
Provided further, That $17,250,000 shall be available only to the 
extent that an official budget request for $17,250,000, that includes 
designation of the entire amount of the request as an emergency 
requirement as defined in the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended, is transmitted by the President to the 
Congress.

                  Operation and Maintenance, Air Force

    For an additional amount for ``Operation and Maintenance, Air 
Force'', $60,500,000, to remain available for obligation until 
September 30, 2003: Provided, That the entire amount is designated by 
the Congress as an emergency requirement pursuant to section 
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act 
of 1985, as amended: Provided further, That $19,500,000 shall be 
available only to the extent that an official budget request for 
$19,500,000, that includes designation of the entire amount of the 
request as an emergency requirement as defined in the Balanced Budget 
and Emergency Deficit Control Act of 1985, as amended, is transmitted 
by the President to the Congress.

                Operation and Maintenance, Defense-Wide

    For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $751,975,000, to remain available for obligation until 
September 30, 2003, of which $420,000,000 may be used, notwithstanding 
any other provision of law, for payments to Pakistan, Jordan, and other 
key cooperating nations for logistical and military support provided to 
United States military operations in connection with the Global War on 
Terrorism: Provided, That such payments may be made in such amounts as 
the Secretary may determine, in accordance with standard accounting 
practices and procedures, in consultation with the Director of the 
Office of Management and Budget and 15 days following notification to 
the appropriate Congressional committees: 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 
$12,975,000 shall be available only to the extent that an official 
budget request for $12,975,000, that includes designation of the entire 
amount of the request as an emergency requirement as defined in the 
Balanced Budget and Emergency Deficit Control Act of 1985, as amended, 
is transmitted by the President to the Congress.

                    Defense Emergency Response Fund

                     (including transfer of funds)

    For an additional amount for the ``Defense Emergency Response 
Fund'', $12,693,972,000, to remain available for obligation until 
September 30, 2003, of which $77,900,000 shall be available for 
enhancements to North American Air Defense Command capabilities: 
Provided, That the Secretary of Defense may transfer the funds provided 
in this paragraph only to appropriations for military personnel; 
operation and maintenance; procurement; the Defense Health Program; and 
working capital funds: Provided further, That notwithstanding the 
preceding proviso, $100,000,000 of the funds provided under this 
heading are available for transfer to any other appropriations accounts 
of the Department of Defense, for certain classified activities, and 
notwithstanding any other provision of law, such funds may be obligated 
to carry out projects not otherwise authorized by law: 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: 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 $1,393,972,000 shall be 
available only to the extent that an official budget request for 
$1,393,972,000 that includes designation of the entire amount of the 
request as an emergency requirement as defined in the Balanced Budget 
and Emergency Deficit Control Act of 1985, as amended, is transmitted 
by the President to the Congress.

                              PROCUREMENT

                        Other Procurement, Army

    For an additional amount for ``Other Procurement, Army'', 
$79,200,000, to remain available for obligation 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.

                       Aircraft Procurement, Navy

    For an additional amount for ``Aircraft Procurement, Navy'', 
$22,800,000, to remain available for obligation 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.

            Procurement of Ammunition, Navy and Marine Corps

    For an additional amount for ``Procurement of Ammunition, Navy and 
Marine Corps'', $262,000,000, to remain available for obligation 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.

                        Other Procurement, Navy

    For an additional amount for ``Other Procurement, Navy'', 
$2,500,000, to remain available for obligation 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.

                       Procurement, Marine Corps

    For an additional amount for ``Procurement, Marine Corps'', 
$3,500,000, to remain available for obligation 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.

                    Aircraft Procurement, Air Force

    For an additional amount for ``Aircraft Procurement, Air Force'', 
$129,500,000, to remain available for obligation 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: 
Provided further, That $36,500,000 shall be available only to the 
extent that an official budget request for $36,500,000, that includes 
designation of the entire amount of the request as an emergency 
requirement as defined in the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended, is transmitted by the President to the 
Congress.

                  Procurement of Ammunition, Air force

    For an additional amount for ``Procurement of Ammunition, Air 
Force'', $115,000,000, to remain available for obligation 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.

                      Other Procurement, Air Force

    For an additional amount for ``Other Procurement, Air Force'', 
$735,340,000, to remain available for obligation 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.

                       Procurement, Defense-Wide

    For an additional amount for ``Procurement, Defense-Wide'', 
$104,425,000, to remain available for obligation until September 30, 
2004: Provided, That funds may be used to purchase vehicles required 
for physical security of personnel, notwithstanding price limitations 
applicable to passenger vehicles, but not to exceed $175,000 per 
vehicle: Provided further, That $99,500,000 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.

               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, to remain available for obligation 
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.

            Research, Development, Test and Evaluation, Navy

    For an additional amount for ``Research, Development, Test and 
Evaluation, Navy'', $9,000,000, to remain available for obligation 
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.

         Research, Development, Test and Evaluation, Air Force

    For an additional amount for ``Research, Development, Test and 
Evaluation, Air Force'', $99,800,000, to remain available for 
obligation until September 30, 2003: Provided, That the entire amount 
is designated by the Congress as an emergency requirement pursuant to 
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended: Provided further, That $39,000,000 
shall be available only to the extent that an official budget request 
for $39,000,000, that includes designation of the entire amount of the 
request as an emergency requirement as defined in the Balanced Budget 
and Emergency Deficit Control Act of 1985, as amended, is transmitted 
by the President to the Congress.

        Research, Development, Test and Evaluation, Defense-Wide

    For an additional amount for ``Research, Development, Test and 
Evaluation, Defense-Wide'', $72,000,000, to remain available for 
obligation until September 30, 2003: Provided, That the entire amount 
is designated by the Congress as an emergency requirement pursuant to 
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended: Provided further, That $20,000,000 
shall be available only to the extent that an official budget request 
for $20,000,000, that includes designation of the entire amount of the 
request as an emergency requirement as defined in the Balanced Budget 
and Emergency Deficit Control Act of 1985, as amended, is transmitted 
by the President to the Congress.

                    GENERAL PROVISIONS--THIS CHAPTER

    Sec. 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.

                     (including transfer of funds)

    Sec. 302. During the current fiscal year, amounts in or credited to 
the Defense Cooperation Account under 10 U.S.C. 2608(b) shall be 
available for transfer, obligation and expenditure, consistent with the 
purposes for which such amounts were contributed and accepted, by the 
Secretary of Defense to such appropriations or funds of the Department 
of Defense as the Secretary shall determine, to be merged with and to 
be available for the same purposes and the same time period as the 
appropriation or fund to which transferred: Provided, That the 
Secretary shall provide written notification to the congressional 
defense committees 30 days prior to such transfer: Provided further, 
That this transfer authority is in addition to any other transfer 
authority available to the Department of Defense: 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 Secretary of Defense shall report to the Congress quarterly 
all transfers made pursuant to this authority.
    Sec. 303. During fiscal year 2002, the President may continue to 
provide assistance to Russia under cooperative threat reduction 
programs and under title V of the Freedom Support Act (Public Law 102-
511; 106 Stat. 3338) without regard to the certification requirements 
in section 1203(d) of the Cooperative Threat Reduction Act of 1993 (22 
U.S.C. 5952 (d)) and section 502 of the Freedom Support Act (22 U.S.C. 
5852) if the President submits to the Speaker of the House of 
Representatives and the President pro tempore of the Senate a 
certification that providing such assistance is vital to the national 
security interests of the United States.
    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. Section 8005 of the Department of Defense Appropriations 
Act, 2002 (division A of Public Law 107-117; 115 Stat. 2247), is 
amended by striking ``May 1, 2002'' before the period at the end and 
inserting ``June 15, 2002''.
    Sec. 306. (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. 307. (a) In fiscal year 2002, funds available to the 
Department of Defense for assistance to the Government of Colombia 
shall be available to support a unified campaign against narcotics 
trafficking, against activities by organizations designated as 
terrorist organizations such as the Revolutionary Armed Forces of 
Colombia (FARC), the National Liberation Army (ELN), and the United 
Self-Defense Forces of Colombia (AUC), and to take actions to protect 
human health and welfare in emergency circumstances, including 
undertaking rescue operations.
    (b) The provision shall also apply to unexpired balances and 
assistance previously provided from prior years' Acts available for 
purposes identified in subsection (a).
    (c) The authority in this section is in addition to authorities 
currently available to provide assistance to Colombia.
    Sec. 308. In addition to amounts appropriated or otherwise made 
available elsewhere in this Act for the Department of Defense or in the 
Department of Defense and Emergency Supplemental Appropriations for 
Recovery from and Response to Terrorist Attacks on the United States 
Act, 2002 (Public Law 107-117), $93,000,000, to remain available until 
September 30, 2004, is hereby appropriated to the Department of Defense 
for the procurement of three MH-47 Chinook helicopters, as follows: 
``Aircraft Procurement, Army'', $63,000,000; and ``Procurement, 
Defense-Wide'', $30,000,000: Provided, That the entire amount made 
available in this section 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 for $93,000,000, that includes designation of 
the entire amount of the request as an emergency requirement as defined 
in the Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended, is transmitted by the President to the Congress.
    Sec. 309. In addition to amounts appropriated or otherwise made 
available elsewhere in this Act for the Department of Defense or in the 
Department of Defense and Emergency Supplemental Appropriations for 
Recovery from and Response to Terrorist Attacks on the United States 
Act, 2002 (Public Law 107-117), $100,000,000, to remain available until 
September 30, 2003, is hereby appropriated to the Department of Defense 
under the heading ``Chemical Agents and Munitions Destruction, Army'' 
for Research, development, test and evaluation, for the purpose of 
chemical agent destruction at Department of Defense facilities in 
Aberdeen, Maryland, and Newport, Indiana: Provided, That the entire 
amount made available in this section 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 for $100,000,000, that includes 
designation of the entire amount as an emergency requirement as defined 
in the Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended, is transmitted by the President to the Congress.

                             (rescissions)

    Sec. 310. Of the funds available in Department of Defense 
Appropriations Acts or otherwise available to the Department of 
Defense, the following funds are hereby rescinded, from the following 
accounts in the specified amounts:
            ``Other Procurement, Air Force'', 2001/2003, $29,000,000; 
        and ``Procurement, Defense-Wide'', 2002/2004, $30,000,000.
    Sec. 311. Section 2533a of title 10, United States Code, shall not 
apply to any transaction entered into to acquire or sustain aircraft 
under the authority of section 8159 of the Department of Defense 
Appropriations Act, 2002 (division A of Public Law 107-117; 115 Stat. 
2284).
    Sec. 312. Notwithstanding any other provision of law, not to exceed 
$100,000,000, from appropriations available to the Department of 
Defense from the ``Defense Emergency Response Fund'', may be made 
available only to reimburse foreign nations for the costs of goods, 
services, or use of facilities provided in direct support of operations 
by U.S. military forces in the global war on terrorism: Provided, That 
such reimbursements shall be determined and paid in accordance with 
standard accounting practices and procedures: Provided further, That 
the Secretaries of Defense and State shall jointly provide a written 
notification to the Committees on Appropriations of the House of 
Representatives and the Senate 15 days prior to any proposed commitment 
and obligation of funds pursuant to this section, describing each 
proposed use of funds and the proposed sources of funds: Provided 
further, That funds proposed for obligation pursuant to the immediately 
preceding proviso shall not be made available for obligation without 
the prior approval of the Committees on Appropriations.

                               CHAPTER 4

                          District of Columbia

                       District of Columbia Funds

                           Operating Expenses

                          Division of Expenses

                   Governmental Direction and Support

    The paragraph under this heading in 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:''.

                        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; 115 Stat. 935), $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 and $26,000,000 shall be for the 
Department of Mental Health.

                    Repayment of Loans and Interest

                              (rescission)

    Of the funds appropriated under this heading in the District of 
Columbia Appropriations Act, 2002 (Public Law 107-96, 115 Stat. 940), 
$7,950,000 are rescinded.

                     Certificates of Participation

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

                        Administrative Provision

    Section 119(b) of the District of Columbia Appropriations Act, 2002 
(Public Law 107-96; 115 Stat. 950) is amended to read as follows:
    ``(b) Requirement of Chief Financial Officer Report and Council 
Approval.--
            ``(1) No such Federal, private, or other grant may be 
        accepted, obligated, or expended pursuant to subsection (a) 
        until--
                    ``(A) the Chief Financial Officer of the District 
                of Columbia submits to the Council a report setting 
                forth detailed information regarding such grant; and
                    ``(B) the Council has reviewed and approved the 
                acceptance, obligation, and expenditure of such grant.
            ``(2) For purposes of paragraph (1)(B), the Council shall 
        be deemed to have reviewed and approved the acceptance, 
        obligation, and expenditure of a grant if--
                    ``(A) no written notice of disapproval is filed 
                with the Secretary of the Council within 14 calendar 
                days of the receipt of the report from the Chief 
                Financial Officer under paragraph (1)(A); or
                    ``(B) if such a notice of disapproval is filed 
                within such deadline, the Council does not by 
                resolution disapprove the acceptance, obligation, or 
                expenditure of the grant within 30 calendar days of the 
                initial receipt of the report from the Chief Financial 
                Officer under paragraph (1)(A).''.

                    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, approved January 10, 2002 (Public Law 107-117; 
115 Stat. 2230), to fund the administrative costs that are needed to 
fulfill the purposes of that Act. The District may use these funds for 
this purpose as of January 10, 2002.
    Sec. 402. Section 16(d)(2) of the Victims of Violent Crime 
Compensation Act of 1996 (sec. 4-515(d)(2), D.C. Official Code), as 
amended by the District of Columbia Appropriations Act, 2002, approved 
December 21, 2001 (Public Law 107-96; 115 Stat. 928) is amended to read 
as follows: ``(2) 50 percent of such balance shall be transferred from 
the Fund to the Mayor and shall be used without fiscal year limitation 
for outreach activities designed to increase the number of crime 
victims who apply for such direct compensation payments.''.
    Sec. 403. (a) Notwithstanding any other provision of law, the 
positive fund balance of the general fund of the District government 
which remained at the end of fiscal year 2000 (as reflected in the 
complete financial statement and report on the activities of the 
District government for such fiscal year under section 448(a)(4) of the 
District of Columbia Home Rule Act) shall be used during fiscal year 
2002 to provide the minimum balances required for fiscal year 2002 for 
the emergency reserve fund under section 450A of the District of 
Columbia Home Rule Act and the contingency reserve fund under section 
450B of such Act.
    (b) To the extent that the amount of the positive fund balance 
described in subsection (a) exceeds the amount required to provide the 
minimum balances in the reserve funds described in such subsection, the 
District government shall use the excess amount--
            (1) to address potential deficits in the budget of the 
        District government for fiscal year 2002, subject to the same 
        conditions applicable under section 202(j)(3) of the District 
        of Columbia Financial Responsibility and Management Assistance 
        Act of 1995 to the obligation and expenditure of the budget 
        reserve and cumulative cash reserve under such section; or
            (2) if the Chief Financial Officer of the District of 
        Columbia certifies that the excess amount is available and is 
        not required to address potential deficits in the budget of the 
        District government for fiscal year 2002, for Pay-As-You-Go 
        Capital Funds.
    (c) To the extent that the excess amount described in subsection 
(b) is used to address potential deficits in the budget of the District 
government for fiscal year 2002, such amount shall remain available 
until expended.
    (d)(1) The item relating to ``District of Columbia Funds--Operating 
Expenses--Repayment of Loans and Interest'' in the District of Columbia 
Appropriations Act, 2002 (Public Law 107-96; 115 Stat. 940) is amended 
by striking ``That any funds set aside'' and all that follows through 
``That for equipment leases,'' and inserting ``That for equipment 
leases,''.
    (2) Section 159(c) of the District of Columbia Appropriations Act, 
2001 (Public Law 106-522; 114 Stat. 2482), as amended by section 133(c) 
of the District of Columbia Appropriations Act, 2002 (Public Law 107-
96; 115 Stat. 956) is amended by striking paragraph (3).

                               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'' 
for emergency expenses related to security at Corps of Engineers 
facilities, $128,400,000, to remain available until September 30, 2003: 
Provided, That the entire amount shall be available only to the extent 
an official budget request for $128,400,000, that includes designation 
of the entire amount of the request as an emergency requirement as 
defined in the Balanced Budget and Emergency Deficit Control Act of 
1985, as amended, is transmitted by the President to the Congress: 
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 under this heading in this 
Act and in Public Law 107-117 may be used to fund measures and 
activities undertaken by the Secretary of the Army, acting through the 
Chief of Engineers, to protect and secure any infrastructure owned or 
operated by, or on behalf of, the U.S. Army Corps of Engineers, 
including administrative buildings and facilities.

                          DEPARTMENT OF ENERGY

                            Energy Programs

                                Science

    For an additional amount for ``Science'' for emergency expenses 
necessary to support safeguards and security activities, $29,000,000: 
Provided, That the entire amount shall be available only to the extent 
an official budget request for $29,000,000, that includes designation 
of the entire amount of the request as an emergency requirement as 
defined in the Balanced Budget and Emergency Deficit Control Act of 
1985, as amended, is transmitted by the President to the Congress: 
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 Nuclear Security Administration

                           Weapons Activities

    For an additional amount for ``Weapons Activities'' for emergency 
expense resulting from the September 11, 2001, terrorist attacks, 
$125,400,000: Provided, That $106,000,000 shall be available only to 
the extent that an official budget request for a specific dollar 
amount, that includes designation of the entire amount of the request 
as an emergency requirement as defined in the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended, is transmitted by 
the President to the Congress: 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.

                    Defense Nuclear Nonproliferation

    For an additional amount for ``Defense Nuclear Nonproliferation'' 
for international safeguards activities, $5,000,000: Provided, That the 
entire amount shall be available only to the extent an official budget 
request for $5,000,000, that includes designation of the entire amount 
of the request as an emergency requirement as defined in the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended, is 
transmitted by the President to the Congress: 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.

               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 necessary to support 
safeguards and security activities, $67,000,000: Provided, That the 
entire amount shall be available only to the extent an official budget 
request for $67,000,000, that includes designation of the entire amount 
of the request as an emergency requirement as defined in the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended, is 
transmitted by the President to the Congress: 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.

                  Defense Facilities Closure Projects

    For an additional amount for ``Defense Facilities Closure 
Projects'' for emergency expense necessary to support safeguards and 
security activities, $16,600,000: Provided, That the entire amount 
shall be available only to the extent an official budget request for 
$16,600,000, that includes designation of the entire amount of the 
request as an emergency requirement as defined in the Balanced Budget 
and Emergency Deficit Control Act of 1985, as amended, is transmitted 
by the President to the Congress: 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.

                        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.

                               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 ``Child Survival and Health Programs 
Fund'' for emergency expenses for activities related to combating AIDS, 
tuberculosis, and malaria, $200,000,000, to remain available until 
December 30, 2002: Provided, That funds appropriated in this Act and in 
prior Acts under this heading and under the heading ``Child Survival 
and Disease Programs Fund'' and made available for the Global Fund to 
Fight AIDS, Tuberculosis, and Malaria shall not exceed 40 percent of 
the total resources pledged by all donors to the Global Fund for 
calendar year 2002: 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 provided shall be available only to the extent an official 
budget request that includes designation of the entire amount of the 
request as an emergency requirement as defined in the Balanced Budget 
and Emergency Deficit Control Act of 1985, as amended, is transmitted 
by the President to the Congress.

                   international disaster assistance

    For an additional amount for ``International Disaster Assistance'' 
for emergency expenses for activities related to combating 
international terrorism, $190,000,000, to remain available until 
September 30, 2003: Provided, That the entire amount is designated by 
the Congress as an emergency requirement pursuant to section 
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act 
of 1985, as amended: Provided further, That the entire amount provided 
shall be available only to the extent an official budget request that 
includes designation of the entire amount of the request as an 
emergency requirement as defined in the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended, is transmitted by the 
President to the Congress.

   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 combating international terrorism, 
$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.

                  Other Bilateral Economic Assistance

                         economic support fund

    For an additional amount for ``Economic Support Fund'' for 
emergency expenses for activities related to combating international 
terrorism, $460,000,000, to remain available until September 30, 2003: 
Provided, That the entire amount is designated by the Congress as an 
emergency requirement pursuant to section 251(b)(2)(A) of the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended: Provided 
further, That funds appropriated under this heading, and funds 
appropriated under this heading in prior Acts that are made available 
for the purposes of this paragraph, may be made available 
notwithstanding section 512 of the Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 2002 or any similar 
provision of law.
    In addition, for an additional amount for ``Economic Support 
Fund'', $250,000,000, to remain available until September 30, 2003: 
Provided, That $200,000,000 of the funds appropriated in this paragraph 
shall be made available for assistance for Israel for activities 
relating to combating international terrorism: Provided further, That 
$50,000,000 of the funds appropriated in this paragraph shall be 
transferred to ``International Disaster Assistance'' to be made 
available for humanitarian and refugee 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 the entire amount provided 
shall be available only to the extent an official budget request that 
includes designation of the entire amount of the request as an 
emergency requirement as defined in the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended, is transmitted by the 
President to the Congress.

    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 combating international terrorism, $110,000,000, 
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.

                          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 
combating international terrorism, $120,000,000, 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.

                    migration and refugee assistance

    For an additional amount for ``Migration and Refugee Assistance'' 
for emergency expenses for activities related to combating 
international terrorism, $10,000,000, to remain available until 
September 30, 2003: Provided, That the entire amount is designated by 
the Congress as an emergency requirement pursuant to section 
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act 
of 1985, as amended: Provided further, That the entire amount provided 
shall be available only to the extent an official budget request that 
includes designation of the entire amount of the request as an 
emergency requirement as defined of the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended, is transmitted by the 
President to the Congress.

    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 combating international terrorism, $83,000,000, 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.

                          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 combating 
international terrorism, $366,500,000: 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: 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 the 
Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 2002 or any similar provision of law: Provided 
further, That not to exceed $2,000,000 of the funds appropriated in 
this paragraph may be obligated for necessary expenses, including the 
purchase of passenger motor vehicles for use outside of the United 
States, for the general cost of administering military assistance and 
sales.

                        peacekeeping operations

    For an additional amount for ``Peacekeeping Operations'' for 
emergency expenses for activities related to combating international 
terrorism, $20,000,000, to remain available until September 30, 2003: 
Provided, That the entire amount of 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 the Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 2002 or any similar 
provision of law.

                    MULTILATERAL ECONOMIC ASSISTANCE

                  Funds Appropriated to the President

      special payments to the 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 hereby rescinded.

                    GENERAL PROVISIONS--THIS CHAPTER

    Sec. 601. (a) In fiscal year 2002, funds available to the 
Department of State for assistance to the Government of Colombia shall 
be available to support a unified campaign against narcotics 
trafficking, against activities by organizations designated as 
terrorist organizations such as the Revolutionary Armed Forces of 
Colombia (FARC), the National Liberation Army (ELN), and the United 
Self-Defense Forces of Colombia (AUC), and to take actions to protect 
human health and welfare in emergency circumstances, including 
undertaking rescue operations.
    (b) This provision shall also apply to unexpired balances and 
assistance previously provided from prior years' Acts available for the 
purposes identified in subsection (a).
    (c) The authority in this section is in addition to authorities 
currently available to provide assistance to Colombia.

                              (rescission)

    Sec. 602. Of the funds appropriated under the headings 
``Development Assistance'' and ``Economic Support Fund'' in title II of 
the Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 2000 (as contained in Public Law 106-113) and in 
prior Acts making appropriations for foreign operations, export 
financing, and related programs, $60,000,000 are rescinded.

                        andean security strategy

    Sec. 603. (a) Not later than 30 days after the date of the 
enactment of this Act, the President shall transmit to the appropriate 
congressional committees a report on the United States policy and 
strategy to assist Colombia as well as to achieve a robust security 
environment in the Andean region.
    (b) The report required by subsection (a) shall address the 
following:
            (1) The key objectives of the United States assistance to 
        the Government of Colombia.
            (2) The actions required of the United States to support 
        and achieve those objectives, as well as a time schedule and 
        cost estimates for implementing such actions.
            (3) The role of the United States in the efforts of the 
        Government of Colombia to provide security within the country.
            (4) How the strategy regarding Colombia relates to and 
        affects the strategy of the United States to achieve regional 
        security between, and within, Andean countries, and how those 
        Andean countries are working with Colombia to achieve regional 
        security.
            (5) A strategy, time schedule, and cost estimates for 
        providing material, technical, and logistical support to the 
        Government of Colombia to assist it contain and eliminate the 
        threat which the United Self-Defense Forces (AUC) of Colombia 
        poses to the national security of that country.
            (6) A strategy to assist the Government of Colombia reach a 
        negotiated political solution to the internal conflict as well 
        as help it facilitate the design and implementation of a 
        comprehensive strategy which addresses the underlying socio-
        political sources of the insurgencies and paramilitary counter-
        insurgency.
    (c) In this section, the term ``appropriate congressional 
committees means--
            (1) the Committee on International Relations and the 
        Committee on Appropriations of the House of Representatives; 
        and
            (2) the Committee on Foreign Relations and the Committee on 
        Appropriations of the Senate.

                               CHAPTER 7

                       DEPARTMENT OF THE INTERIOR

                       BUREAU OF LAND MANAGEMENT

                   Management of Lands and Resources

    For an additional amount for ``Management of Lands and Resources'', 
$658,000, for emergency security expenses, 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 these funds shall be available only to 
the extent that an official budget request for a specific dollar 
amount, that includes designation of the entire amount as an emergency 
requirement as defined by such Act, is transmitted by the President to 
the Congress.

                UNITED STATES FISH AND WILDLIFE SERVICE

                          Resource Management

    For an additional amount for ``Resource Management'', $1,443,000, 
for emergency security expenses, 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 these funds shall be available only to the extent that an 
official budget request for a specific dollar amount, that includes 
designation of the entire amount as an emergency requirement as defined 
by such Act, is transmitted by the President to the Congress.

                         NATIONAL PARK SERVICE

                 Operation of the National Park System

    For an additional amount for ``Operation of the National Park 
System'', $1,173,000, for emergency security expenses, 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 these funds 
shall be available only to the extent that an official budget request 
for a specific dollar amount, that includes designation of the entire 
amount as an emergency requirement as defined by such Act, is 
transmitted by the President to the Congress.

                              Construction

    For an additional amount for ``Construction'', $19,300,000, for 
emergency security expenses, 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 these funds shall be available only to the extent that an 
official budget request for a specific dollar amount, that includes 
designation of the entire amount as an emergency requirement as defined 
by such Act, is transmitted by the President to the Congress.

                    UNITED STATES GEOLOGICAL SURVEY

                 Surveys, Investigations, and Research

    For an additional amount for ``Surveys, Investigations, and 
Research'', $25,700,000, for emergency security expenses, 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 these funds 
shall be available only to the extent that an official budget request 
for a specific dollar amount, that includes designation of the entire 
amount as an emergency requirement as defined by such Act, is 
transmitted by the President to the Congress.

                        BUREAU OF INDIAN AFFAIRS

                      Operation of Indian Programs

                    (including rescission of funds)

    For an additional amount for ``Operation of Indian Programs'', 
$134,000, for emergency security expenses, 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 these funds shall be available only to 
the extent that an official budget request for a specific dollar 
amount, that includes designation of the entire amount as an emergency 
requirement as defined by such Act, is transmitted by the President to 
the Congress.
    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, $5,000,000 is rescinded.
    Funds provided under this heading in Public Law 107-20, for 
electric power operations and related activities at the San Carlos 
Irrigation Project, and remaining within the account may be used for 
unanticipated trust reform projects and costs related to the ongoing 
Cobell litigation or other litigation concerning the management of 
Indian trust funds: Provided, That funds made available herein may, as 
needed, be transferred to or merged with any account funded in the 
Interior and Related Agencies Appropriations Act to reimburse costs 
incurred for these litigation activities.

                          DEPARTMENTAL OFFICES

                        DEPARTMENTAL MANAGEMENT

                         salaries and expenses

    For an additional amount for ``Salaries and Expenses'', $905,000, 
for emergency security expenses, 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 these funds shall be available only to the extent that an 
official budget request for a specific dollar amount, that includes 
designation of the entire amount as an emergency requirement as defined 
by such Act, is transmitted by the President to the Congress.

                             RELATED AGENCY

                        SMITHSONIAN INSTITUTION

                         salaries and expenses

    For an additional amount for ``Salaries and Expenses'', of the 
Smithsonian Institution, $11,000,000, for emergency security expenses, 
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 these funds 
shall be available only to the extent that an official budget request 
for a specific dollar amount, that includes designation of the entire 
amount as an emergency requirement as defined by such Act, is 
transmitted by the President to the Congress.

                              Construction

    For an additional amount for ``Construction'', for emergency 
security expenses, $2,000,000, 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 these funds shall be available only to the extent that an 
official budget request for a specific dollar amount, that includes 
designation of the entire amount as an emergency requirement as defined 
by such Act, is transmitted by the President to the Congress.

                    GENERAL PROVISIONS--THIS CHAPTER

    Sec. 701. Within 10 days of enactment of this Act, funds 
appropriated to the Forest Service under the heading ``Wildland Fire 
Management'' in Public Law 107-63 for the following purposes: 
$5,000,000 for research activities and $10,000,000 for capital 
improvement and maintenance of fire facilities shall be released and 
made available for immediate obligation. These funds are not available 
for transfer for purposes other than those described in this section.
    Sec. 702. None of the funds appropriated in this or any other Act, 
except funds appropriated to the Office of Management and Budget, shall 
be available to study the transfer of any research activities from the 
Smithsonian Institution to the National Science Foundation.
    Sec. 703. In fiscal year 2002 and thereafter, the Secretary of the 
Interior may charge reasonable fees for services provided at Midway 
Atoll National Wildlife Refuge, including fuel sales, and retain those 
fees, to be credited to the United States Fish and Wildlife Service, 
``Resource Management'' account and remain available until expended for 
operation and maintenance of infrastructure and staffing required for 
non-refuge specific needs, including the purchase of fuel supplies.
    Sec. 704. 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 where 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 
that 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 or any organization associated with the firefighter shall be 
subject to any action whatsoever pertaining to or arising out of 
fighting fires.
    Sec. 705. Hereafter, for purposes of section 7 of the Endangered 
Species Act of 1973 (16 U.S.C. 1536), the Secretary of Defense may be 
held responsible for water consumption that occurs on a military 
installation (or outside of military installation but under the direct 
authority and control of the Secretary). The Secretary of Defense is 
not responsible for water consumption that occurs outside of a military 
installation and is beyond the direct authority and control of the 
Secretary of Defense even through the water is derived from a watershed 
basin shared by the military installation and the water consumption 
outside of the installation may impact a critical habitat or endangered 
species outside the installation.

                               CHAPTER 8

                          DEPARTMENT OF LABOR

                 Employment and Training Administration

                    Training and Employment Services

    For an additional amount for ``Training and Employment Services'', 
$300,000,000, to remain available through September 30, 2003; of which 
not less than $190,000,000 is available for carrying out sections 
171(d) and 173 of the Workforce Investment Act of 1998, except that not 
more than $20,000,000 may be used for carrying out section 171(d); and 
of which $110,000,000, to remain available through June 30, 2002, is 
available for carrying out section 132(a)(2)(B) of such Act: Provided, 
That notwithstanding sections 132(b)(2)(B) and 133(b)(2)(B) of such 
Act, such funds for carrying out section 132(a)(2)(B) 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 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 for a specific dollar amount that includes designation 
of the entire amount of the request as an emergency requirement as 
defined in such Act, is transmitted by the President to Congress.

                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 an additional amount for the Centers for Disease Control and 
Prevention, ``Disease Control, Research, and Training'', $1,000,000: 
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: Provided 
further, That these funds shall be available only to the extent that an 
official budget request, that designates the entire amount of the 
request as an emergency requirement as defined in such Act, is 
transmitted by the President to the Congress.

                     National Institutes of Health

                        Buildings and Facilities

                              (rescission)

    Of the funds provided under this heading in Public Law 107-116, 
$30,000,000 is rescinded.

                Administration for Children and Families

              children and families services and programs

    For an additional amount for ``Children and Families Services 
Programs'' for carrying out section 316 of the Family Violence 
Prevention and Services Act (42 U.S.C. 10416), $500,000: Provided, That 
such 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: Provided further, That such amount shall 
be available only to the extent that an official budget request, that 
includes designation of the entire amount of the request as an 
emergency requirement as defined in the Balanced Budget and Emergency 
Deficit Control Act of 1985, is transmitted by the President to the 
Congress.

                        DEPARTMENT OF EDUCATION

                      School Improvement Programs

    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; H. Rpt. 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 $1,000,000 for State of 
        Louisiana for Louisiana Online shall be deemed to read as 
        follows: ``Online Louisiana, Inc., New Orleans, LA, for a K-12 
        technology initiative, $1,000,000'';
            (11) 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''; and
            (12) 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''.

                      Student Financial Assistance

    For an additional amount for ``Student Financial Assistance'' for 
Pell Grants, $1,000,000,000, to remain available through September 30, 
2003.

                            Higher Education

    In the statement of the managers of the committee of conference 
accompanying H.R. 3061 (Public Law 107-116; H. Rept. 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''; and
            (2) 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''.

                               CHAPTER 9

                           LEGISLATIVE BRANCH

                        House of Representatives

                         salaries and expenses

    For an additional amount for salaries and expenses of the House of 
Representatives, $1,600,000, as follows:

                          Committee Employees

                Standing Committees, Special and Select

    For an additional amount for salaries and expenses of standing 
committees, special and select, authorized by House resolutions, 
$1,600,000: Provided, That such amount shall remain available for such 
salaries and expenses until December 31, 2002.

                          Library of Congress

                            Copyright Office

                         salaries and expenses

    For an additional amount for necessary expenses of the Copyright 
Office, $7,500,000: Provided, That such 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.

                              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 computer equipment and 
services, training, communications, uniforms, weapons, and 
reimbursement to the Environmental Protection Agency, Hazardous 
Substance Superfund for additional expenses incurred for anthrax 
investigations and cleanup actions, $16,100,000, to be disbursed by the 
Capitol Police Board or their delegee: Provided, That this amount shall 
be available only to the extent that an official budget request, that 
includes designation of the amount as an emergency requirement, as 
defined in the Balanced Budget and Emergency Deficit Control Act of 
1985, is transmitted by the President to Congress: Provided further, 
That such 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.

                       Administrative Provisions

    Sec. 901. (a) There is hereby established in the Treasury of the 
United States an account for the Architect of the Capitol to be known 
as ``capitol police buildings'' (hereinafter in this section referred 
to as the ``account'').
    (b) Funds in the account shall be used by the Architect of the 
Capitol for all necessary expenses for the maintenance, care, and 
operation of buildings of the United States Capitol Police.
    (c) This section shall apply with respect to fiscal year 2002 and 
each succeeding fiscal year. Any amounts provided to the Architect of 
the Capitol prior to the date of the enactment of this Act for the 
maintenance, care, and operation of buildings of the United States 
Capitol Police during fiscal year 2002 shall be transferred to the 
account.
    Sec. 902. (a) Subject to the approval of the House Office Building 
Commission and the Senate Committee on Rules and Administration, the 
Architect of the Capitol is authorized to acquire (through purchase, 
lease, transfer from another Federal entity, or otherwise) real 
property, subject to the availability of appropriations, for the use of 
the United States Capitol Police.
    (b) Any real property 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.
    (c) This section shall apply with respect to fiscal year 2002 and 
each succeeding fiscal year.
    Sec. 903. (a) Chapter 9 of the Emergency Supplemental Act, 2002 
(Public Law 107-117; 115 Stat. 2315), is amended--
            (1) in section 903 (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. 904. Nothing in section 1535 of title 31, U.S.C. (commonly 
referred to as the ``Economy Act''), or any other provision of such 
title may be construed to prevent or restrict the Chief Administrative 
Officer of the House of Representatives from placing orders under such 
section during any fiscal year in the same manner and to the same 
extent as the head of any other major organizational unit with an 
agency may place orders under such section during a fiscal year.
    Sec. 905. (a) In General.--Section 313 of the Legislative Branch 
Appropriations Act, 2001 (2 U.S.C. 1151), as enacted by reference in 
section 1(a)(2) of the Consolidated Appropriations Act, 2001, is 
amended--
            (1) by redesignating subsections (c) through (h) as 
        subsections (d) through (i); and
            (2) by inserting after subsection (b) the following new 
        subsection:
    ``(c) Russian Exchange Program for American Leadership.--
            ``(1) In general.--In addition to the program established 
        under subsection (b), the Center shall establish a program to 
        carry out activities (including the awarding of grants) to 
        enable emerging political leaders of the Federal Government and 
        State and local governments to visit the Russian Federation to 
        study the operation of political institutions, business 
        organizations, and nongovernmental organizations of the Russian 
        Federation.
            ``(2) Administration.--The provisions of paragraphs (3) and 
        (4) of subsection (b) shall apply with respect to the program 
        under this subsection in the same manner as such provisions 
        apply to the program under subsection (b).''.
    (b) Conforming Amendments.--Section 313 of such Act (2 U.S.C. 1151) 
is amended--
            (1) in subsection (b)(1), by striking the period at the end 
        and inserting the following: ``, and to establish and 
        administer the program described in subsection (c).''.; and
            (2) in subsection (i)(2) (as redesignated by subsection 
        (a)(1)), by striking ``Subsection (g)'' and inserting 
        ``Subsection (h)''.
    (c) Effective Date.--The amendments made by this section shall take 
effect October 1, 2001.
    Sec. 906. (a) The Librarian of Congress and the Director of the 
Congressional Research Service shall take such steps as may be 
necessary to ensure that all materials of the Congressional Research 
Service which are provided and available to Members of Congress and 
officers and employees of the House of Representatives and Senate at 
the United States Capitol and Congressional office buildings (including 
materials provided through electronic means) may be provided and 
available to such individuals in the same manner and to the same extent 
at all other locations where such individuals carry out their official 
duties.
    (b) This section shall apply to materials of the Congressional 
Research Service which are provided and available at any time after the 
date of the enactment of this Act.
    Sec. 907. (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 in the case of a 
        building or facility acquired for the use of any other office 
        in the legislative branch as part of a joint facility with (1) 
        above, or 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 as part of a 
        joint facility with (2) above.
    (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 DEFENSE

                         MILITARY CONSTRUCTION

                    Military Construction, Air Force

    For an additional amount for ``Military Construction, Air Force'', 
$8,505,000, to remain available until September 30, 2006: Provided, 
That the entire amount is designated by the Congress as an emergency 
requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended: Provided further, 
That the entire amount shall be available only to the extent an 
official budget request for a specific dollar amount that includes 
designation of the entire amount of the request as an emergency 
requirement as defined in the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended, is transmitted by the President to the 
Congress: Provided further, That notwithstanding any other provision of 
law, such funds may be obligated or expended to carry out planning and 
design and military construction projects not otherwise authorized by 
law.

                  Military Construction, Defense-wide

                     (including transfer of funds)

    For an additional amount for ``Military Construction, Defense-
wide'', $21,500,000, to remain available until September 30, 2006: 
Provided, That the entire amount is designated by the Congress as an 
emergency requirement pursuant to section 251(b)(2)(A) of the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended: Provided 
further, That the entire amount shall be available only to the extent 
an official budget request for a specific dollar amount that includes 
designation of the entire amount of the request as an emergency 
requirement as defined in the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended, is transmitted by the President to the 
Congress: Provided further, That notwithstanding any other provision of 
law, such funds may be obligated or expended to carry out planning and 
design and military construction projects not otherwise authorized by 
law.

                               CHAPTER 11

                      DEPARTMENT OF TRANSPORTATION

                        OFFICE OF THE SECRETARY

              Transportation Administrative Service Center

    Under this heading in Public Law 107-87, as amended by section 1106 
of Public Law 107-117, delete ``$116,023,000'' and insert 
``$128,123,000''.

                 TRANSPORTATION SECURITY ADMINISTRATION

    For additional amounts for emergency expenses arising to implement 
the Federal takeover of airport security, $3,850,000,000, to remain 
available until September 30, 2003: Provided, That the entire amount is 
designated by the Congress as an emergency requirement pursuant to 
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended: Provided further, That of the total 
amount provided herein, the following amounts are available for 
obligation only for the specific purposes below:
            (1) Physical modification of commercial service airports 
        for the purpose of installing checked baggage explosive 
        detection systems, including explosive trace detection systems, 
        $850,000,000;
            (2) Procurement of explosive detection systems, including 
        explosive trace detection systems, for checked baggage 
        screening, $630,000,000;
            (3) Reimbursement of air carriers for installation of 
        intrusion-resistant cockpit doors, $25,000,000;
            (4) Competitive grants to critical national seaports to 
        finance the costs of enhancing facility and operational 
        security, $75,000,000;
            (5) Reimbursement to airports for State and local law 
        enforcement officers, $75,000,000;
            (6) Procurement of air-ground communications systems and 
        devices for the Federal air marshal program, $20,000,000;
            (7) Additional funding for the Department of Transportation 
        Crisis Management Center, to improve transportation emergency 
        response coordination, $2,100,000; and
            (8) Replacement of magnetometers at airport passenger 
        screening locations in commercial service airports, 
        $20,000,000:
Provided further, That none of the funds in this Act shall be used to 
recruit or hire personnel into the Transportation Security 
Administration which would cause the agency to exceed a staffing level 
of 45,000 full-time permanent positions: Provided further, That of such 
amount, $1,545,000,000 shall be available only to the extent an 
official budget request for a specific dollar amount that includes 
designation of the entire amount of the request as an emergency 
requirement as defined in such Act is transmitted by the President to 
the Congress.

                            U.S. COAST GUARD

                           Operating Expenses

    For an additional amount for ``Operating Expenses'' for emergency 
expenses for homeland security and other purposes, $210,000,000, to 
remain available until September 30, 2003: Provided, That the entire 
amount is designated by the Congress as an emergency requirement 
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended: Provided further, That of such 
amount, $21,000,000 shall be available only to the extent an official 
budget request for a specific dollar amount that includes designation 
of the entire amount of the request as an emergency requirement as 
defined in such Act is transmitted by the President to the Congress.

              Acquisition, Construction, and Improvements

    For an additional amount for ``Acquisition, Construction, and 
Improvements'' for emergency expenses for homeland security and other 
purposes, $78,000,000: 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: Provided further, That of such amount, $12,000,000 
shall be available only to the extent an official budget request for a 
specific dollar amount that includes designation of the entire amount 
of the request as an emergency requirement as defined in such Act is 
transmitted by the President to the Congress.

                    FEDERAL AVIATION ADMINISTRATION

                               Operations

                          (transfer of funds)

    For an additional amount for ``Operations'', up to $25,000,000, to 
remain available until September 30, 2002, for security activities at 
Federal Aviation Administration facilities, to be derived by transfer 
from ``Facilities and Equipment (Airport and Airway Trust Fund)''.

                       Grants-in-Aid for Airports

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, notwithstanding any other 
provision of law, for ``Grants-in-aid for airports'', to enable the 
Federal Aviation Administrator to compensate airports for a portion of 
the direct costs associated with new, additional or revised security 
requirements imposed on airport operators by the Administrator on or 
after September 11, 2001, $200,000,000, 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 such amount shall be available only to 
the extent an official budget request for a specific dollar amount that 
includes designation of the entire amount of the request as an 
emergency requirement as defined in such Act is transmitted by the 
President to the Congress.

                     FEDERAL HIGHWAY ADMINISTRATION

                          Federal-Aid Highways

                        Emergency Relief Program

                          (highway trust fund)

    For an additional amount for the ``Emergency Relief Program'', as 
authorized by 23 U.S.C. 125, for emergency expenses to respond to 
natural disasters or catastrophic failures from external causes, 
$167,000,000, to be derived from the Highway Trust Fund and to remain 
available until expended, for the State of New York to respond to the 
September 11, 2001, terrorist attacks on New York City: 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 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.

              FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION

                       Border Enforcement Program

                          (highway trust fund)

    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, the 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.

                      Hazardous Materials Security

                          (highway trust fund)

    For necessary expenses to implement the hazardous materials safety 
permit program pursuant to 49 U.S.C. 5109, $5,000,000, to be derived 
from the Highway 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: Provided 
further, That such amount shall be available only to the extent an 
official budget request for a specific dollar amount that includes 
designation of the entire amount of the request as an emergency 
requirement as defined in such Act is transmitted by the President to 
the Congress.

                     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 1 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.

                    GENERAL PROVISIONS--THIS CHAPTER

    Sec. 1101. Notwithstanding any other provision of law, projects and 
activities designated on pages 82 through 92 of House Report 107-308 
shall be eligible for fiscal year 2002 funds made available for the 
program for which each project or activity is so designated.
    Sec. 1102. Section 335 of Public Law 107-87 is hereby amended by 
inserting ``or the Transportation Security Administration'' after ``the 
Federal Aviation Administration'' and by inserting ``, aviation 
security'' after ``air navigation''.
    Sec. 1103. After the date of enactment of this Act, no further 
Federal credit instruments may be issued pursuant to section 101(a)(1) 
of the Air Transportation Safety and System Stabilization Act in fiscal 
year 2002.

                               CHAPTER 12

                       DEPARTMENT OF THE TREASURY

                Federal Law Enforcement Training Center

                         salaries and expenses

    For an additional amount for ``Salaries and Expenses'' for expenses 
of expanded law enforcement training workload resulting from the 
September 11, 2001 terrorist attacks against the United States, 
$15,870,000, to remain available until September 30, 2003: Provided, 
That such 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: Provided further, That such 
amount shall be available only to the extent that an official budget 
request, that includes designation of the entire amount of the request 
as an emergency requirement as defined in the Balanced Budget and 
Emergency Deficit Control Act of 1985, is transmitted by the President 
to the Congress.

                      United States Secret Service

                         salaries and expenses

    For an additional amount for ``Salaries and Expenses'' for expenses 
of expanded protective and investigative workload following the 
September 11, 2001 terrorist attacks against the United States, 
$46,750,000, to remain available until September 30, 2003, Provided, 
That such 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: Provided further, That such 
amount shall be available only to the extent that an official budget 
request, that includes designation of the entire amount of the request 
as an emergency requirement as defined in the Balanced Budget and 
Emergency Deficit Control Act of 1985, is transmitted by the President 
to the Congress.

                             Postal Service

                   payment to the postal service fund

    For an additional amount for ``Payment to the Postal Service'' 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 and Funds Appropriated to the 
                               President

                    Office of Management and Budget

                         salaries and expenses

                              (rescission)

    Of the funds made available under this heading in Public Law 107-
67, $750,000 are rescinded.

          election administration reform and related expenses

                     (including transfer of funds)

    For necessary expenses for the implementation of election 
administration reform, and related expenses, $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: 
Provided further, That, upon the enactment of such legislation, the 
Director of the Office of Management and Budget shall transfer the 
specific amounts authorized, for the purposes designated, to the 
Federal entities specified by such legislation, and according to the 
provisions established in H.R. 3295, as passed by the House of 
Representatives on December 12, 2001: Provided further, That, within 15 
days of such transfers, the Director of the Office of Management and 
Budget shall notify the Congress of the amounts transferred to each 
authorized Federal entity: Provided further, That the entities to which 
the amounts are transferred shall use the amounts to carry out the 
applicable provisions of such legislation: Provided further, That the 
transfer authority provided in this paragraph shall be in addition to 
any other transfer authority provided in this or any other Act.

                          Independent Agencies

                      Federal Election Commission

                         salaries and expenses

    For an additional amount for ``Salaries and Expenses'', $750,000 
for unanticipated costs associated with implementing the Bipartisan 
Campaign Reform Act.

                    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 such 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.

                    GENERAL PROVISIONS--THIS CHAPTER

    Sec. 1201. (a) Rescission.--Of the unobligated balance as of June 
30, 2002, of the funds made available for ``Financial Management 
Service, Salaries and Expenses'' in chapter 10 of title II of Public 
Law 107-20, $14,000,000 is rescinded.
    (b) Effective Date.--Subsection (a) shall be effective June 30, 
2002.
    (c) Supplemental Appropriation.--For an additional amount for 
``Internal Revenue Service, Business Systems Modernization'', there is 
appropriated the amount rescinded pursuant to subsection (a), to remain 
available until September 30, 2003. Such additional amount may not be 
obligated until the Internal Revenue Service submits to the Committees 
on Appropriations, and such Committees approve, a plan for the 
expenditure of such additional amount that complies with the 
requirements as specified in clauses (1) through (6) under such heading 
in Public Law 107-67.
    Sec. 1202. None of the funds appropriated in this or any other Act 
may be used to transfer the functions, missions, or activities of the 
United States Customs Service to the Department of Justice.
    Sec. 1203. (a) The Federal Law Enforcement Training Center may, for 
a period ending not later than 5 years after the date of the enactment 
of this Act, appoint and maintain a cadre of up to 250 Federal 
annuitants--(1) without regard to any provision of title 5, United 
States Code, which might otherwise require the application of 
competitive hiring procedures; and (2) who shall not be subject to any 
reduction in pay (for annuity allocable to the period of actual 
employment) under the provisions of section 8344 or 8468 of such title 
5 or similar provision of any other retirement system for employees. A 
reemployed Federal annuitant as to whom a waiver of reduction under 
paragraph (2) applies shall not, for any period during which such 
waiver is in effect, be considered an employee for purposes of 
subchapter III of chapter 83 or chapter 84 of title 5, United States 
Code, or such other retirement system (referred to in paragraph (2)) as 
may apply.
    (b) No appointment under this section may be made which would 
result in the displacement of any employee.
    (c) For purposes of this section--
            (1) the term ``Federal annuitant'' means an employee who 
        has retired under the Civil Service Retirement System, the 
        Federal Employees' Retirement System, or any other retirement 
        system for employees;
            (2) the term ``employee'' has the meaning given such term 
        by section 2105 of such title 5; and
            (3) the counting of Federal annuitants shall be done on a 
        full time equivalent basis.

                               CHAPTER 13

                     DEPARTMENT OF VETERANS AFFAIRS

                     Veterans Health Administration

                              medical care

    For an additional amount for ``Medical care'', $417,000,000: 
Provided, That the funds provided herein be allocated using the VERA 
methodology: Provided further, That for the purposes of enabling the 
collection from third-party insurance carriers for non-service related 
medical care of veterans, all Department of Veterans Affairs healthcare 
facilities are hereby certified as Medicare and Medicaid providers and 
the Centers for Medicare and Medicaid Services within the Department of 
Health and Human Services shall issue each Department of Veterans 
Affairs healthcare facility a provider number as soon as practicable 
after the date of enactment of this Act: Provided further, That nothing 
in the preceding proviso shall be construed to enable the Department of 
Veterans Affairs to bill Medicare or Medicaid for any medical services 
provided by the Veterans Health Administration or to require the 
Centers for Medicare and Medicaid Services to pay for any medical 
services provided by the Department of Veterans Affairs.

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                       Public and Indian Housing

                        housing certificate fund

                              (rescission)

    Of the unobligated balances remaining from funds appropriated to 
the Department of Housing and Urban Development under this heading or 
the heading ``Annual contributions for assisted housing'' or any other 
heading for fiscal year 2002 and prior years, $300,000,000 is hereby 
rescinded: Provided, That any such balances governed by reallocation 
provisions under the statute authorizing the program for which the 
funds were originally appropriated shall not be available for this 
rescission.

                   Community Planning and Development

                       community development fund

    For an additional amount for the ``Community Development Fund'' 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 thee 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 5 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 5 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 fund'' in title II of Public Law 106-377 is 
deemed to be amended by striking ``$2,000,000 is for the Louisville 
Community Development Bank for the Louisville Neighborhood Initiative'' 
and inserting ``$2,000,000 for neighborhood revitalization activities 
in Louisville, Kentucky, as follows: $170,000 to the Christian Church 
Homes of Kentucky for facility upgrades at Chapel House, $500,000 to 
the Louisville Medical Center Development Corporation for expansion of 
a research park, $400,000 to the Louisville Science Center for 
construction of a permanent exhibition, $150,000 to the New Zion 
Community Development Foundation for renovation of a facility, $400,000 
to the Presbyterian Community Center for construction of a facility, 
$180,000 to the St. Stephen Family Life Center for renovation of a 
facility, and $200,000 to the United Crescent Hill Ministries for 
renovation of a facility''.
    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 ``$3,000,000 for the Louisville 
Community Development Bank for continuation of the Louisville 
Neighborhood Initiative'' and inserting ``$3,000,000 for neighborhood 
revitalization activities in Louisville, Kentucky, as follows: $250,000 
to the Bridgehaven Mental Health Agency for planning and development of 
a facility, $600,000 to the Cable Life Community Enrichment Corporation 
for construction of a facility, $350,000 to Catholic Charities for 
renovation of a facility, $500,000 to the Center for Women and Families 
for an affordable housing program, $100,000 to the Clifton Cultural 
Center for renovation of a historic building, $200,000 to Harrods Creek 
Community Development for construction of a facility, $200,000 to the 
James Taylor Memorial Home for facility improvements, $600,000 to the 
Kentucky Art and Craft Foundation for renovation of a facility, and 
$200,000 to the Shelby Park Neighborhood Association for facility 
construction''.

                            Housing Programs

                       rental housing assistance

                              (rescission)

    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 rescinded in fiscal year 2002.

                          INDEPENDENT AGENCIES

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                     National Institutes of Health

          national institute of environmental health sciences

    For an additional amount for ``National Institute of Environmental 
Health Sciences'', $8,000,000, to carry out activities set forth in 
section 311(a) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980, as amended, and section 126(g) 
of the Superfund Amendments and Reauthorization Act of 1986 in response 
to the September 11, 2001, terrorist attacks on the United States: 
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.

            Agency for Toxic Substances and Disease Registry

                         salaries and expenses

    For an additional amount for ``Salaries and Expenses'', 
$11,300,000, of which $1,800,000 is for additional expenses incurred in 
response to the September 11, 2001, terrorist attacks on the United 
States, and of which $9,500,000 is to enhance the States' capacity to 
respond to chemical terrorism events: Provided, That the entire amount 
is designated by the Congress as an emergency requirement pursuant to 
section 251(b)(2)(A) of the Balance Budget and Emergency Deficit 
Control Act of 1985, as amended.

                    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 number 91 and inserting ``for 
Carrolton Utilities ($500,000), City of Williamston ($100,000) and 
Pendleton County Industrial Authority ($400,000)''.
    The referenced statement of the managers under this heading in 
Public Law 107-73 is deemed to be amended by striking everything after 
``for'' in reference to item number 202 and inserting ``storm water 
infrastructure improvements''.
    Grants appropriated under this heading in Public Law 107-73 for 
drinking water infrastructure needs in the New York City watershed 
shall be awarded under section 1443(d) of the Safe Drinking Water Act, 
as amended.
    The referenced statement of the managers under this heading in 
Public Law 106-377 is deemed to be amended by striking everything after 
``$2,000,000'' in reference to item number 168 and inserting ``for the 
Town of Wallace, North Carolina for a regional wastewater 
infrastructure improvement project ($1,000,000), and for the Town of 
Cary, North Carolina for wastewater infrastructure improvements 
including the treatment of biosolids ($1,000,000).''.
    The referenced statement of managers under this heading in Public 
Law 107-73 is deemed to be amended in item 19 by inserting the words 
``water and'' after the word ``for''.

                  Federal Emergency Management Agency

                            disaster relief

    For an additional amount for ``Disaster relief'' for necessary 
expenses in carrying out the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5121 et seq.), and the Federal Fire 
Prevention and Control Act of 1974, as amended (15 U.S.C. 2201 et 
seq.), $2,750,000,000 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 notwithstanding any other provision of law, the Texas Medical 
Center may be provided FEMA Public Assistance and Hazard Mitigation 
grants as an agent for eligible applicants.

                  disaster assistance for unmet needs

    For an additional amount for ``Disaster assistance for unmet 
needs'', $23,320,000, to remain available until September 30, 2004, for 
use by the Director of the Federal Emergency Management Agency 
(Director) only for disaster relief, long-term recovery, and mitigation 
in communities affected by Presidentially-declared natural disasters 
designated during fiscal year 2002, only to the extent funds are not 
made available for those activities by the Federal Emergency Management 
Agency (under its ``Disaster relief'' program) or the Small Business 
Administration; Provided, That in administering these funds the 
Director shall allocate these funds to States to be administered by 
each State in conjunction with its Federal Emergency Management Agency 
Disaster Relief program: Provided further, That each State shall 
provide not less than 25 percent in non-Federal public matching funds 
or its equivalent value (other than administrative costs) for any funds 
allocated to the State under this heading: Provided further, That the 
Director shall allocate these funds based on the unmet needs arising 
from a Presidentially-declared disaster as identified by the Director 
as those which have not or will not be addressed by other Federal 
disaster assistance programs and for which it is deemed appropriate to 
supplement the efforts and available resources of States, local 
governments and disaster relief organizations: Provided further, That 
the Director shall establish review groups within the Federal Emergency 
Management Agency to review each request by a State of its unmet needs 
and certify as to the actual costs associated with the unmet needs as 
well as the commitment and ability of each State to provide its match 
requirement: Provided further, That the Director shall publish a notice 
in the Federal Register governing the allocation and use of the funds 
under this heading, including provisions for ensuring the compliance of 
the States with the requirements of this program: Provided further, 
That 10 days prior to distribution of funds, the Director shall submit 
a list to the House and Senate Committees on Appropriations setting 
forth the proposed uses of funds and the most recent estimates of unmet 
needs: Provided further, That the Director shall submit quarterly 
reports to said Committees regarding the actual projects and needs for 
which funds have been provided under this heading: Provided further, 
That to the extent any funds under this heading are used in a manner 
inconsistent with the requirements of the program established under 
this heading and rules issued pursuant thereto, the Director shall 
recapture an equivalent amount of funds from the State from any 
existing funds or future funds awarded to the State under this heading 
or any other program administered by the Federal Emergency Management 
Agency: Provided further, That the entire amount shall be available 
only to the extent an official budget request, that includes 
designation of the entire amount of the request as an emergency 
requirement as defined by the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended, is transmitted by the President to the 
Congress: 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, $151,700,000 to remain 
available until September 30, 2002: 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. 1301. Notwithstanding the first paragraph of the item in title 
II of Public Law 107-73 relating to ``Federal housing administration, 
Mutual mortgage insurance program account'', during fiscal year 2002, 
commitments to guarantee loans to carry out the purposes of section 
203(b) of the National Housing Act shall not exceed a loan principal of 
$165,000,000,000.
    Sec. 1302. Notwithstanding the first paragraph of the item in title 
II of Public Law 107-73 related to ``Federal housing administration, 
General and special risk program account'', any amounts made available 
for fiscal year 2002 for the cost of guaranteed loans, as authorized by 
sections 238 and 519 of the National Housing Act (12 U.S.C. 1715z-3 and 
1735c), including the cost of loan guarantee modifications (as that 
term is defined in section 502 of the Congressional Budget Act of 
1974), shall be available to subsidize total loan principal, any part 
of which is to be guaranteed, of up to $23,000,000,000.

                               CHAPTER 14

                           GENERAL PROVISIONS

    Sec. 1401. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 1402. Notwithstanding any other provision of law, all 
adjustments made pursuant to section 251(b)(1)(B) of the Balanced 
Budget and Emergency Deficit and Control Act of 1985 to the highway 
category and to section 8103(a)(5) of the Transportation Equity Act for 
the 21st Century for fiscal year 2003 shall be deemed to be zero. This 
section shall apply immediately to all reports issued pursuant to 
section 254 of the Balanced Budget and Emergency Deficit Control Act of 
1985 for fiscal year 2003, including the discretionary sequester 
preview report.
    Sec. 1403. Section 3101 of title 31, United States Code, is amended 
by adding at the end the following new subsection:
    ``(d) The United States Government shall take all steps necessary 
to guarantee the full faith and credit of the Government.''.

SEC. 1404. TREATMENT OF CERTAIN COUNTIES FOR PURPOSES OF REIMBURSEMENT 
              UNDER THE MEDICARE PROGRAM.

    (a) Reclassification of Certain Pennsylvania Counties.--
            (1) In General.--Notwithstanding any other provision of 
        law, effective for discharges occurring during fiscal year 
        2003, for purposes of making payments under subsections (d) and 
        (j) of section 1886 of the Social Security Act (42 U.S.C. 
        1395ww) to hospitals (including rehabilitation hospitals and 
        rehabilitation units under such subsection (j))--
                    (A) in Lackawanna, Lucerne, Wyoming, Lycoming, and 
                Columbia Counties, Pennsylvania, such counties are 
                deemed to be located in the Newburgh, New York-PA 
                Metropolitan Statistical Area; and
                    (B) in Mercer County, Pennsylvania, such county is 
                deemed to be located in Youngston-Warren, Ohio 
                Metropolitan Statistical Area.
            (2) Rules.--The reclassifications made under paragraph (1) 
        with respect to a subsection (d) hospital shall be treated as a 
        decision of the Medicare Geographic Classification Review Board 
        under paragraph (10) of section 1886(d) of the Social Security 
        Act (42 U.S.C. 1395ww(d)).
    (b) Large Urban Area of New York.--Notwithstanding any other 
provision of law, effective for discharges occurring on or after 
October 1, 2002, and before October 1, 2005, for purposes of making 
payments under section 1886(d) of the Social Security Act (42 U.S.C. 
1395ww(d)) the large urban area of New York, New York is deemed to 
include Orange County, New York, and Dutchess County, New York.

SEC. 1405. AMENDMENTS TO THE CARIBBEAN BASIN ECONOMIC RECOVERY ACT.

    Section 213(b)(2)(A) of the Caribbean Basin Economic Recovery Act 
(title II of Public Law 98-67; 19 U.S.C. 2703(b)(2)(A)) is amended--
            (1) in clause (i), by adding at the end the following:
                    ``Apparel articles shall qualify under the 
                preceding sentence only if all dyeing, printing, and 
                finishing of the fabrics from which the articles are 
                assembled, if the fabrics are knit fabrics, is carried 
                out in the United States. Apparel articles shall 
                qualify under the first sentence of this clause only if 
                all dyeing, printing, and finishing of the fabrics from 
                which the articles are assembled, if the fabrics are 
                woven fabrics, is carried out in the United States.''; 
                and
            (2) in clause (ii), by adding at the end the following:
                    ``Apparel articles shall qualify under the 
                preceding sentence only if all dyeing, printing, and 
                finishing of the fabrics from which the articles are 
                assembled, if the fabrics are knit fabrics, is carried 
                out in the United States. Apparel articles shall 
                qualify under the first sentence of this clause only if 
                all dyeing, printing, and finishing of the fabrics from 
                which the articles are assembled, if the fabrics are 
                woven fabrics, is carried out in the United States.''.
    (b) Andean Trade Preference Act.--Any duty free or other 
preferential treatment provided under the Andean Trade Preference Act 
to apparel articles assembled from fabric formed in the United States 
shall apply to such articles only if all dyeing, printing, and 
finishing of the fabrics from which the articles are assembled if the 
fabrics are knit fabrics, is carried out in the United States. Any 
duty-free or other preferential treatment provided under the Andean 
Trade Preference Act to apparel articles assembled from fabric formed 
in the United States shall apply to such articles only if all dyeing, 
printing, and finishing of the fabrics from which the articles are 
assembled if the fabrics are woven fabrics, is carried out in the 
United States.
    (c) Effective Date.--Subsection (b) and the amendments made by 
subsection (a) shall take effect--
            (1) 90 days after the date of the enactment of this Act, or
            (2) September 1, 2002,
whichever occurs first.
    Sec. 1406. Congress shall take all steps necessary to ensure that 
section 5402 of title 39, United States Code, is amended to allow the 
United States Postal Service to tender non-priority bypass mail to 
mainline carriers who carry mainline non-priority bypass mail. Congress 
shall take all steps necessary to ensure that section 5402 of title 39, 
United States Code, is further amended to allow the United States 
Postal Service to tender non-priority bypass mail to bush carriers, on 
a route not served by a mainline carriers or between two bush points. 
Carriers are encouraged to upgrade their operating certificates and 
increase passenger service. Carriers who make these changes may be 
tendered a greater percentage of non-priority bypass mail. Congress 
shall take all steps necessary to ensure that the Secretary of the 
Department of Transportation sets non-priority bypass mail rate as is 
deemed necessary to continue the bypass mail service. The requirements 
of these provisions will only be in effect in the State of Alaska.

          TITLE II--AMERICAN SERVICE- MEMBERS' PROTECTION ACT

SEC. 2001. SHORT TITLE.

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

SEC. 2002. 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. 2003. WAIVER AND TERMINATION OF PROHIBITIONS OF THIS TITLE.

    (a) Authority To Initially Waive Sections 5 and 7.--The President 
is authorized to waive the prohibitions and requirements of sections 
2005 and 2007 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 5 and 7.--The President 
is authorized to waive the prohibitions and requirements of sections 
2005 and 2007 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 4 and 6 With Respect to an 
Investigation or Prosecution of a Named Individual.--The President is 
authorized to waive the prohibitions and requirements of sections 2004 
and 2006 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 2005 and 
                2007 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 2004 and 2006 shall terminate at any time that 
a waiver pursuant to subsection (a) or (b) of the prohibitions and 
requirements of sections 2005 and 2007 expires and is not extended 
pursuant to subsection (b).
    (e) Termination of Prohibitions of This Title.--The prohibitions 
and requirements of sections 2004, 2005, 2006, and 2007 shall cease to 
apply, and the authority of section 2008 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. 2004. 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 2008; 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. 2005. 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. 2006. 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 2008.

SEC. 2007. 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. 2008. 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. 2009. 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. 2010. 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. 2011. APPLICATION OF SECTIONS 2004 AND 2006 TO EXERCISE OF 
              CONSTITUTIONAL AUTHORITIES.

    (a) In General.--Sections 2004 and 2006 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 2004 or 2006, 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. 2012. NONDELEGATION.

    The authorities vested in the President by sections 2003 and 
2011(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 2005(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. 2013. 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. 2014. REPEAL OF LIMITATION.

    The Department of Defense Appropriations Act, 2002 (division A of 
Public Law 107-117) is amended by striking section 8173.
    This Act may be cited as the ``2002 Supplemental Appropriations Act 
for Further Recovery From and Response To Terrorist Attacks on the 
United States''.

            Passed the House of Representatives May 24, 2002.

            Attest:

                                                                 Clerk.
107th CONGRESS

  2d Session

                               H. R. 4775

_______________________________________________________________________

                                 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.