[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4775 Enrolled Bill (ENR)]

        H.R.4775

                      One Hundred Seventh Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

         Begun and held at the City of Washington on Wednesday,
          the twenty-third day of January, two thousand and two


                                 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

                        Office of the Secretary


                      (INCLUDING TRANSFERS OF FUNDS)

    For an additional amount for ``Office of the Secretary'', 
$18,000,000, to remain available until expended: Provided, That the 
Secretary shall transfer these funds to the Agricultural Research 
Service, the Animal and Plant Health Inspection Service, the 
Agricultural Marketing Service, and/or the Food Safety and Inspection 
Service: Provided further, That the entire amount is designated by the 
Congress as an emergency requirement pursuant to section 251(b)(2)(A) 
of the Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended: Provided further, That the entire amount shall be available 
only to the extent an official budget request that includes designation 
of the entire amount of the request as an emergency requirement as 
defined in the Balanced Budget and Emergency Deficit Control Act of 
1985, as amended, is transmitted by the President to the Congress.

                     Agricultural Research Service


                          SALARIES AND EXPENSES

    For an additional amount for ``Salaries and Expenses'', $8,000,000, 
to remain available until September 30, 2003: Provided, That the entire 
amount is designated by the Congress as an emergency requirement 
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended: Provided further, That the 
entire amount shall be available only to the extent an official budget 
request that includes designation of the entire amount of the request 
as an emergency requirement as defined in the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended, is transmitted by 
the President to the Congress.


                         BUILDINGS AND FACILITIES

    For an additional amount for ``Buildings and Facilities'', 
$25,000,000, to remain available until expended.

      Cooperative State Research, Education, and Extension Service


                           EXTENSION ACTIVITIES

    For an additional amount for ``Extension Activities'', $6,000,000, 
to remain available until September 30, 2003: Provided, That the entire 
amount is designated by the Congress as an emergency requirement 
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended: Provided further, That the 
entire amount shall be available only to the extent an official budget 
request that includes designation of the entire amount of the request 
as an emergency requirement as defined in the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended, is transmitted by 
the President to the Congress.

               Animal and Plant Health Inspection Service


                          SALARIES AND EXPENSES

    For an additional amount for ``Salaries and Expenses'', 
$33,000,000, to remain available until September 30, 2003: Provided, 
That this amount shall include assistance in State efforts to prevent 
and control transmissible spongiform encephalopathy, including chronic 
wasting disease and scrapie, in farmed and free-ranging animals: 
Provided further, That the entire amount is designated by the Congress 
as an emergency requirement pursuant to section 251(b)(2)(A) of the 
Balanced Budget and Emergency Deficit Control Act of 1985, as amended: 
Provided further, That the entire amount shall be available only to the 
extent an official budget request that includes designation of the 
entire amount of the request as an emergency requirement as defined in 
the Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended, is transmitted by the President to the Congress.

                   Food Safety and Inspection Service

    For an additional amount for ``Food Safety and Inspection 
Service'', $13,000,000, to remain available until September 30, 2003: 
Provided, That the entire amount is designated by the Congress as an 
emergency requirement pursuant to section 251(b)(2)(A) of the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended: Provided 
further, That the entire amount shall be available only to the extent 
an official budget request that includes designation of the entire 
amount of the request as an emergency requirement as defined in the 
Balanced Budget and Emergency Deficit Control Act of 1985, as amended, 
is transmitted by the President to the Congress.

                 Natural Resources Conservation Service


                WATERSHED AND FLOOD PREVENTION OPERATIONS

    For an additional amount for ``Watershed and Flood Prevention 
Operations'', for emergency recovery operations, $144,000,000, to 
remain available until expended: Provided, That of this amount, 
$50,000,000 is designated by the Congress as an emergency requirement 
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended: Provided further, That 
$50,000,000 shall be available only to the extent an official budget 
request, that includes designation of $50,000,000 as an emergency 
requirement as defined in the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended, is transmitted by the President to the 
Congress.

                           Rural Development


                   RURAL COMMUNITY ADVANCEMENT PROGRAM

    For an additional amount for ``Rural Community Advancement 
Program'' for emergency purposes for grants and loans as authorized by 
7 U.S.C. 381E(d)(2), 306(a)(14), and 306C, $20,000,000, with up to 
$5,000,000 for contracting with qualified organization(s) to conduct 
vulnerability assessments for rural community water systems, to remain 
available until expended: Provided, That the entire amount is 
designated by the Congress as an emergency requirement pursuant to 
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended: Provided further, That the entire 
amount shall be available only to the extent an official budget request 
that includes designation of the entire amount of the request as an 
emergency requirement as defined in the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended, is transmitted by the 
President to the Congress.

                        Rural Utilities Service


             LOCAL TELEVISION LOAN GUARANTEE PROGRAM ACCOUNT

                          (including rescission)

    Of funds made available under this heading for the cost of 
guaranteed loans, including the cost of modifying loans as defined in 
section 502 of the Congressional Budget Act of 1974, $20,000,000 are 
rescinded.
    For an additional amount for ``Local Television Loan Guarantee 
Program Account'', $8,000,000, to remain available until expended.

                       Food and Nutrition Service


     SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND 
                             CHILDREN (WIC)

    For an additional amount for ``Special Supplemental Nutrition 
Program for Women, Infants, and Children (WIC)'', $75,000,000, to 
remain available until September 30, 2003: Provided, That of the 
amounts provided under this heading, the Secretary shall allocate 
funds, notwithstanding section 17(i) of the Child Nutrition Act of 
1966, as amended, in the manner and under a formula the Secretary deems 
necessary to respond to caseload requirements.


                            FOOD STAMP PROGRAM

                               (RESCISSION)

    Of funds which may be reserved by the Secretary for allocation to 
State agencies under section 16(h)(1) of the Food Stamp Act of 1977 to 
carry out the Employment and Training program, $24,000,000 are 
rescinded and returned to the Treasury.

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                      Food and Drug Administration


                          salaries and expenses

    For an additional amount for ``Food and Drug Administration, 
Salaries and Expenses'', $17,000,000, to remain available until 
expended: Provided, That the entire amount is designated by the 
Congress as an emergency requirement pursuant to section 251(b)(2)(A) 
of such Act: Provided further, That the entire amount shall be 
available only to the extent an official budget request, that includes 
designation of the entire amount of the request as an emergency 
requirement as defined in the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended, is transmitted by the President to the 
Congress.

                    GENERAL PROVISIONS--THIS CHAPTER

    Sec. 101. Of the funds made available for the Export Enhancement 
Program, pursuant to section 301(e) of the Agricultural Trade Act of 
1978, as amended by Public Law 104-127, not more than $33,000,000 shall 
be available in fiscal year 2002.
    Sec. 102. Assistance To Agricultural Producers Who Have Used Water 
For Irrigation From the Rio Grande. (a) In General.--The Secretary of 
Agriculture shall use $10,000,000 of the funds of the Commodity Credit 
Corporation to make a grant to the State of Texas, acting through the 
Texas Department of Agriculture, to provide assistance to agricultural 
producers in the State of Texas with farming operations along the Rio 
Grande who have suffered economic losses during the 2001 crop year due 
to the failure of Mexico to deliver water to the United States in 
accordance with the Treaty Relating to the Utilization of Waters of the 
Colorado and Tijuana Rivers and of the Rio Grande, and Supplementary 
Protocol signed November 14, 1944, signed at Washington on February 3, 
1944 (59 Stat. 1219; TS 944).
    (b) Amount.--The amount of assistance provided to individual 
agricultural producers under this section shall be proportional to the 
amount of actual losses described in subsection (a) that were incurred 
by the producers.
    Sec. 103. Not later than 14 days after the date of enactment of 
this Act, the Secretary of Agriculture shall carry out the transfer of 
funds under section 2507(a) of the Food Security and Rural Investment 
Act of 2002 (Public Law 107-171).
    Sec. 104. (a) Rescission.--The unobligated balances of authority 
available under section 2108(a) of Public Law 107-20 are rescinded 
prior to the end of fiscal year 2002.
    (b) Appropriation.--There is appropriated to the Secretary of 
Agriculture an amount equal to the unobligated balance rescinded by 
subsection (a) for expenses through fiscal year 2003 under the 
Agricultural Trade Development and Assistance Act of 1954, as amended 
(7 U.S.C. 1721-1726a) for commodities supplied in connection with 
dispositions abroad pursuant to title II of said Act.
    Sec. 105. Section 416(b)(7)(D)(iv) of the Agricultural Act of 1949 
(7 U.S.C. 1431(b)(7)(D)(iv)) is amended by striking ``subsection.'' and 
inserting in lieu thereof the following: ``subsection, or to otherwise 
carry out the purposes of this subsection.''.
    Sec. 106. Notwithstanding any other provision of law and effective 
on the date of enactment of this Act, the Secretary may use an amount 
not to exceed $12,000,000 from the amounts appropriated under the 
heading ``Food Safety and Inspection Service'' under the Agriculture, 
Rural Development, Food and Drug Administration, and Related Agencies 
Appropriations Act, 2001 (Public Law 106-387) to liquidate over-
obligations and over-expenditures of the Food Safety and Inspection 
Service incurred during previous fiscal years, approved by the Director 
of the Office of Management and Budget based on documentation provided 
by the Secretary of Agriculture.

                               CHAPTER 2

                         DEPARTMENT OF JUSTICE

                         General Administration


                          SALARIES AND EXPENSES

    For an additional amount for ``Salaries and Expenses'' for expenses 
resulting from the September 11, 2001, terrorist attacks, $6,750,000: 
Provided, That such sums as are necessary shall be derived from the 
Working Capital Fund for the development, testing, and deployment of a 
standards-based, integrated, interoperable computer system for the 
Immigration and Naturalization Service (``Chimera system''), to be 
managed by Justice Management Division: Provided further, That of the 
amounts made available under this heading, $1,000,000 shall only be for 
the Entry Exit System, to be managed by the Justice Management 
Division: Provided further, That none of the funds appropriated in this 
Act, or in Public Law 107-117, for the Immigration and Naturalization 
Service's Entry Exit System may be obligated until the INS submits a 
plan for expenditure that: (1) meets the capital planning and 
investment control review requirements established by the Office of 
Management and Budget, including OMB Circular A-11, part 3; (2) 
complies with the acquisition rules, requirements, guidelines, and 
systems acquisition management practices of the Federal Government; (3) 
is reviewed by the General Accounting Office; and (4) has been approved 
by the Committees on Appropriations: Provided further, That funds 
provided under this heading shall only be available for obligation and 
expenditure in accordance with the procedures applicable to 
reprogramming notifications set forth in section 605 of Public Law 107-
77: Provided further, That the entire amount is designated by the 
Congress as an emergency requirement pursuant to section 251(b)(2)(A) 
of the Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended: Provided further, That $1,000,000 shall be available only to 
the extent an official budget request that includes designation of the 
$1,000,000 as an emergency requirement as defined in the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended, is 
transmitted by the President to the Congress.


              SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

                               (RESCISSION)

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


          salaries and expenses, United States Marshals Service

    For an additional amount for ``Salaries and Expenses'' for 
emergency expenses resulting from the September 11, 2001, terrorist 
attacks, $37,900,000, 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 prisoner detention


                               (RESCISSION)

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


                          Assets Forfeiture Fund

                               (Rescission)

    Of the unobligated balances available under this heading, 
$5,000,000 are rescinded.

                    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, $175,000,000, 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 $165,000,000 shall be available only to the extent that 
an official budget request that includes designation of the 
$165,000,000 as an emergency requirement as defined in the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended, is 
transmitted by the President to the Congress.

                 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, $81,250,000, to remain available 
until expended, of which $25,000,000 shall only be available for fleet 
management: 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 $46,250,000 shall be available only to 
the extent that an official budget request that includes designation of 
the $46,250,000 as an emergency requirement as defined in the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended, is 
transmitted by the President to the Congress.


                               CONSTRUCTION

    For an additional amount for ``Construction'' for emergency 
expenses resulting from the September 11, 2001, terrorist attacks, 
$32,100,000, 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 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 Prison System


                         BUILDINGS AND FACILITIES

                               (RESCISSION)

    Of the amounts made available under this heading in Public Law 107-
77 for buildings and facilities, $5,000,000 are rescinded.

                       Office of Justice Programs


                            justice assistance

                          (including rescission)

    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, $151,300,000, to remain available until expended: Provided, 
That no funds under this heading shall be used to duplicate the Federal 
Emergency Management Agency Fire Grant program: Provided further, That 
the entire amount is designated by the Congress as an emergency 
requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended: Provided further, 
That the entire amount shall be available only to the extent an 
official budget request that includes designation of the entire amount 
of the request as an emergency requirement as defined in the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended, is 
transmitted by the President to the Congress.
    Of the amounts made available under this heading for the Office of 
the Assistant Attorney General for Office of Justice Programs, $600,000 
are rescinded.


                   Community Oriented Policing Services

    For an amount to establish the Community Oriented Policing 
Services' Interoperable Communications Technology Program in 
consultation with the Office of Science and Technology within the 
National Institute of Justice, and the Bureau of Justice Assistance, 
for emergency expenses for activities related to combating terrorism by 
providing grants to States and localities to improve communications 
within, and among, law enforcement agencies, $50,000,000, 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 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.

              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 to the Congress.

                         DEPARTMENT OF COMMERCE

                          Bureau of the Census


                      PERIODIC CENSUSES AND PROGRAMS

                               (RESCISSION)

    Of the amounts made available under this heading in prior fiscal 
years, excepting funds designated for the Suitland Federal Center, 
$11,300,000 are rescinded.

             National Institute of Standards and Technology


              scientific and Technical Research and Services

    For an additional amount for ``Scientific and Technical Research 
and Services'' for emergency expenses resulting from new homeland 
security activities and increased security requirements, $37,100,000, 
of which $20,000,000 is for a cyber-security initiative: Provided, That 
the entire amount is designated by the Congress as an emergency 
requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended: Provided further, 
That $33,100,000 shall be available only to the extent an official 
budget request that includes designation of the $33,100,000 as an 
emergency requirement as defined in the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended, is transmitted by the 
President to the Congress.

            National Oceanic and Atmospheric Administration


                   Operations, Research, and Facilities

                          (including rescission)

    For an additional amount for ``Operations, Research, and 
Facilities'' for emergency expenses resulting from homeland security 
activities, $4,800,000, of which $2,000,000 is to address critical 
mapping and charting backlog requirements and $2,800,000 is for backup 
capability for National Oceanic and Atmospheric Administration critical 
satellite products and services, to remain available until September 
30, 2003: Provided, That $2,800,000 is designated by the Congress as an 
emergency requirement pursuant to section 251(b)(2)(A) of the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended: Provided 
further, That $2,800,000 shall be available only to the extent an 
official budget request that includes designation of the $2,800,000 as 
an emergency requirement as defined in the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended, is transmitted by 
the President to the Congress.
    Of the unobligated balances remaining under this heading as 
provided by section 817 of Public Law 106-78, $8,100,000 are rescinded.


                Procurement, Acquisition and Construction

    For an additional amount for ``Procurement, Acquisition and 
Construction'' for emergency expenses resulting from homeland security 
activities, $7,200,000 for a supercomputer backup, to remain available 
until September 30, 2003: Provided, That the entire amount is 
designated by the Congress as an emergency requirement pursuant to 
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended: Provided further, That the entire 
amount shall be available only to the extent an official budget request 
that includes designation of the entire amount of the request as an 
emergency requirement as defined in the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended, is transmitted by the 
President to the Congress.


                    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 
for the principal amount of direct loans not to exceed $5,000,000 for 
Individual Fishing Quota loans, and not to exceed $19,000,000 for 
Traditional loans.

                        Departmental Management


                          Salaries and Expenses

    For an additional amount for ``Salaries and Expenses'' for 
emergency expenses resulting from new homeland security activities, 
$400,000: Provided, That the entire amount is designated by the 
Congress as an emergency requirement pursuant to section 251(b)(2)(A) 
of the Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended.

                             THE JUDICIARY

                   Supreme Court of the United States


                     CARE OF THE BUILDING AND GROUNDS

    For an additional amount for ``Care of the Building and Grounds'' 
for emergency expenses for security upgrades and renovations of the 
Supreme Court building, $10,000,000, 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, $7,115,000, 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 $3,972,000 shall be available only to 
the extent that an official budget request that includes designation of 
the $3,972,000 as an emergency requirement as defined in the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended, is 
transmitted by the President to the Congress.

                 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, $47,450,000, 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, $15,000,000, 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 $5,000,000 shall be available only to 
the extent an official budget request that includes designation of the 
$5,000,000 as an emergency requirement as defined in the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended, is 
transmitted by the President to the Congress.


             Embassy Security, Construction, and Maintenance

    For an additional amount for ``Embassy Security, Construction, and 
Maintenance'', for emergency expenses for activities related to 
combating international terrorism, $210,516,000, to remain available 
until expended: Provided, That 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 an official budget request that includes designation of the 
$10,000,000 as an emergency requirement as defined in the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended, is 
transmitted by the President to the Congress.

              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, $23,034,000: 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 funds appropriated by this 
paragraph shall be available notwithstanding sections 308(c) and 313 of 
the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995: 
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.


                    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 funds appropriated by this paragraph shall be 
available notwithstanding section 313 of the Foreign Relations 
Authorization Act, Fiscal Years 1994 and 1995.

                            RELATED AGENCIES

                      DEPARTMENT OF TRANSPORTATION

                        Maritime Administration


           maritime guaranteed loan (title XI) program account

                               (RESCISSION)

    Of the unobligated balances available under this heading, 
$5,000,000 are rescinded.

                   Securities and Exchange Commission


                          salaries and expenses

    For an additional amount for ``Salaries and Expenses'' to respond 
to increased needs for enforcement and oversight of corporate finance, 
$30,900,000 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 an 
official budget request that includes designation of the entire amount 
of the request as an emergency requirement as defined in the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended, is 
transmitted by the President to the Congress.

                    GENERAL PROVISIONS--THIS CHAPTER

    Sec. 201. Funds appropriated by this Act for the Broadcasting Board 
of Governors and the Department of State may be obligated and expended 
notwithstanding section 15 of the State Department Basic Authorities 
Act of 1956, as amended.
    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. Title II of Public Law 107-77 is amended in the second 
undesignated paragraph under the heading ``Department of Commerce, 
National Institute of Standards and Technology, Industrial Technology 
Services'' by striking ``not to exceed $60,700,000 shall be available 
for the award of new grants'' and inserting ``not less than $60,700,000 
shall be used before October 1, 2002 for the award of new grants''.
    Sec. 205. None of the funds appropriated or otherwise made 
available by this Act or any other Act may be used to implement, 
enforce, or otherwise abide by the Memorandum of Agreement signed by 
the Federal Trade Commission and the Antitrust Division of the 
Department of Justice on March 5, 2002.
    Sec. 206. Public Law 106-256 is amended in section 3(f)(1) by 
striking ``within 18 months of the establishment of the Commission'' 
and inserting ``by June 20, 2003''.
    Sec. 207. The American Section, International Joint Commission, 
United States and Canada, is authorized to receive funds from the 
United States Army Corps of Engineers for the purposes of conducting 
investigations, undertaking studies, and preparing reports in 
connection with a reference to the International Joint Commission on 
the Devils Lake project mentioned in Public Law 106-377.
    Sec. 208. Section 282(a)(2)(D) of the Agricultural Marketing Act of 
1946 is amended to read as follows:
            ``(D) in the case of wild fish, is--
                ``(i) harvested in the United States, a territory of 
            the United States, or a State, or by a vessel that is 
            documented under chapter 121 of title 46, United States 
            Code, or registered in the United States; and
                ``(ii) processed in the United States, a territory of 
            the United States, or a State, including the waters 
            thereof, or aboard a vessel that is documented under 
            chapter 121 of title 46, United States Code, or registered 
            in the United States; and''.
    Sec. 209. Of the amounts appropriated in Public Law 107-77, under 
the heading ``Department of Commerce, National Oceanic and Atmospheric 
Administration, Operations, Research, and Facilities'', for coral reef 
programs, $2,500,000, for a cooperative agreement with the National 
Defense Center of Excellence for Research in Ocean Sciences to conduct 
coral mapping in the waters of the Hawaiian Islands and the surrounding 
Exclusive Economic Zone in accordance with the mapping implementation 
strategy of the United States Coral Reef Task Force.
    Sec. 210. In addition to amounts appropriated or otherwise made 
available by this Act or any other Act, $11,000,000 is appropriated to 
enable the Secretary of Commerce to provide economic assistance to 
fishermen and fishing communities affected by Federal closures and 
fishing restrictions in the New England groundfish fishery, to remain 
available until September 30, 2003.
    Sec. 211. In addition to amounts appropriated or otherwise made 
available by this Act or any other Act, $5,000,000 shall be provided 
for a National Oceanic and Atmospheric Administration cooperative 
research program in Massachusetts, New Hampshire, Maine and Rhode 
Island, to remain available until expended: Provided, That of this 
amount $500,000 shall be for the cost of a reduction loan as authorized 
under sections 1111 and 1112 of title XI of the Merchant Marine Act, 
1936, (46 U.S.C. App. 1279g) to carry out a New England groundfish 
fishing capacity reduction program under section 312(b) of the 
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 
1861a(b)) that shall--
        (1) permanently revoke all fishery licenses, fishery permits, 
    area and species endorsements, and any other fishery privileges 
    issued to a vessel or vessels (or to persons on the basis of their 
    operation or ownership of that vessel or vessels) removed under the 
    program; and
        (2) ensure that vessels removed under the program are made 
    permanently ineligible to participate in any fishery worldwide, and 
    that the owners of such vessels will operate only under the United 
    States flag or be scrapped as a reduction vessel pursuant to 
    section 600.1011(c) of title 50, Code of Federal Regulations.
    Sec. 212. Of the amounts appropriated in Public Law 107-77, under 
the heading ``Department of Commerce, National Oceanic and Atmospheric 
Administration, Operations, Research, and Facilities'', for Oregon 
groundfish cooperative research, $500,000 shall be for the cost of a 
reduction loan as authorized under sections 1111 and 1112 of title XI 
of the Merchant Marine Act, 1936 (46 U.S.C. App. 1279f and 1279g) to 
carry out a West Coast groundfish fishing capacity reduction program 
under section 312(b) of the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1861a(b)) that shall--
        (1) permanently revoke all fishery licenses, fishery permits, 
    area and species endorsements, and any other fishery privileges 
    issued to a vessel or vessels (or to persons on the basis of their 
    operation or ownership of that vessel or vessels) removed under the 
    program; and
        (2) ensure that vessels removed under the program are made 
    permanently ineligible to participate in any fishery worldwide, and 
    that the owners of such vessels will operate only under the United 
    States flag or be scrapped as a reduction vessel pursuant to 
    section 600.1011(c) of title 50, Code of Federal Regulations.
    Sec. 213. Amounts appropriated by title V of Public Law 107-77 
under the heading ``National Veterans Business Development 
Corporation'' (115 Stat. 795) shall remain available until expended.

                               CHAPTER 3

                         DEPARTMENT OF DEFENSE

                           MILITARY PERSONNEL

                     Military Personnel, Air Force

    For an additional amount for ``Military Personnel, Air Force'', 
$206,000,000: Provided, That the entire amount is designated by the 
Congress as an emergency requirement pursuant to section 251(b)(2)(A) 
of the Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended.

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

    For an additional amount for ``Operation and Maintenance, Army'', 
$209,000,000, 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 $102,000,000 shall be available only to the 
extent that an official budget request, that includes designation of 
$102,000,000 as an emergency requirement as defined in the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended, is 
transmitted by the President to the Congress.

                    Operation and Maintenance, Navy

    For an additional amount for ``Operation and Maintenance, Navy'', 
$48,750,000, 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 $12,250,000 shall be available only to the 
extent that an official budget request, that includes designation of 
$12,250,000 as an emergency requirement as defined in the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended, is 
transmitted by the President to the Congress.

                  Operation and Maintenance, Air Force

    For an additional amount for ``Operation and Maintenance, Air 
Force'', $65,510,000, 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 $24,510,000 shall be 
available only to the extent that an official budget request, that 
includes designation of $24,510,000 as an emergency requirement as 
defined in the Balanced Budget and Emergency Deficit Control Act of 
1985, as amended, is transmitted by the President to the Congress.

                Operation and Maintenance, Defense-Wide

    For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $721,975,000, to remain available for obligation until 
September 30, 2003, of which $390,000,000 may be used, notwithstanding 
any other provision of law, for payments to reimburse 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 his discretion, based on 
documentation determined by the Secretary to adequately account for the 
support provided, 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 such 
determination shall be final and conclusive upon the accounting 
officers of the United States: 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.

                    Defense Emergency Response Fund


                      (including transfer of funds)

    For an additional amount for the ``Defense Emergency Response 
Fund'', $11,901,900,000, 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 
herein only to appropriations for military personnel; operation and 
maintenance; procurement; research, development, test and evaluation; 
the Defense Health Program; Overseas Humanitarian, Disaster, and Civic 
Aid; and working capital funds: Provided further, That notwithstanding 
the preceding proviso, $120,000,000 of the funds provided in this 
paragraph 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 and of this 
Act, such funds may be obligated to carry out projects not otherwise 
authorized by law: Provided further, That any 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 during the current fiscal 
year, upon a determination by the Secretary of Defense that funds 
previously made available to the ``Defense Emergency Response Fund'' 
are required to meet other essential operational or readiness 
requirements of the military services, the Secretary may transfer up to 
$275,000,000 of funds so required to the appropriate funds or 
appropriations of the Department of Defense, 15 days after notification 
to the congressional defense committees: 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 
$601,900,000 shall be available only to the extent that an official 
budget request that includes designation of $601,900,000 as an 
emergency requirement as defined in the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended, is transmitted by the 
President to the Congress.

                              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'', 
$118,000,000, 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: 
Provided further, That $25,000,000 shall be available only to the 
extent that an official budget request, that includes designation of 
$25,000,000 as an emergency requirement as defined in the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended, is 
transmitted by the President to the Congress.

                  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'', 
$747,840,000, 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 two 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 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 $4,925,000 
shall be available only to the extent an official budget request, that 
includes designation of $4,925,000 as an emergency requirement as 
defined in the Balanced Budget and Emergency Deficit Control Act of 
1985, as amended, is transmitted by the President to the Congress.

               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'', $198,400,000, 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 $137,600,000 
shall be available only to the extent that an official budget request, 
that includes designation of $137,600,000 as an emergency requirement 
as defined in the Balanced Budget and Emergency Deficit Control Act of 
1985, as amended, is transmitted by the President to the Congress.

        Research, Development, Test and Evaluation, Defense-Wide

    For an additional amount for ``Research, Development, Test and 
Evaluation, Defense-Wide'', $67,000,000, 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.

                    GENERAL PROVISIONS--THIS CHAPTER

    Sec. 301. (a) The appropriation under the heading ``Research, 
Development, Test and Evaluation, Navy'' in the Department of Defense 
Appropriations Act, 2002 (Public Law 107-117) is amended by adding the 
following proviso immediately after ``September 30, 2003'': ``: 
Provided, That funds appropriated in this paragraph which are available 
for the V-22 may be used to meet unique requirements of the Special 
Operations Forces''.
    (b) The amendment made by subsection (a) shall be effective as if 
enacted as part of the Department of Defense Appropriations Act, 2002.
    Sec. 302. During the current fiscal year, the restrictions 
contained in subsection (d) of 22 U.S.C. 5952 and section 502 of the 
Freedom Support Act (Public Law 102-511) shall not apply if the 
President certifies in writing to the Speaker of the House of 
Representatives and the President pro tempore of the Senate that 
waiving such restrictions is important to the national security 
interests of the United States.
    Sec. 303. 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. 304. (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. 305. (a)(1) 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.
    (2) The provision shall also apply to unexpired balances and 
assistance previously provided from prior years' Acts available for 
purposes identified in subsection (a)(1).
    (3) The authority in this section is in addition to authorities 
currently available to provide assistance to Colombia.
    (b) The authorities provided in subsection (a) shall not be 
exercised until the Secretary of Defense certifies to the Congress that 
the provisions of section 601(b) of this Act have been complied with.
    (c) Sections 556, 567, and 568 of Public Law 107-115, section 8093 
of the Department of Defense Appropriations Act, 2002, and the 
numerical limitations on the number of United States military personnel 
and United States individual civilian contractors in section 3204(b)(1) 
of Public Law 106-246, as amended, shall be applicable to funds made 
available pursuant to the authority contained in subsection (a).
    (d) No United States Armed Forces personnel or United States 
civilian contractor employed by the United States will participate in 
any combat operation in connection with assistance made available under 
this chapter, except for the purpose of acting in self defense or 
rescuing any United States citizen to include United States Armed 
Forces personnel, United States civilian employees, and civilian 
contractors employed by the United States.
    Sec. 306. 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), $75,000,000, 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 
accelerating chemical agent destruction at Department of Defense 
facilities: 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, 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. 307. 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, $12,500,000;
        ``Missile Procurement, Air Force'', 2002/2004, $11,600,000;
        ``Other Procurement, Air Force'', 2002/2004, $52,500,000;
        ``Procurement, Defense-Wide'', 2002/2004, $30,000,000; and
        ``Research, Development, Test and Evaluation, Air Force'', 
    2002/2003, $56,500,000.
    Sec. 308. During the current fiscal year and hereafter, 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. 309. The Secretary of the Army shall obligate and expend the 
$2,000,000 appropriated for the Army by Public Law 107-117 for 
procurement of smokeless nitrocellulose under Activity 1, instead of 
under Activity 2, Production Base Support Industrial Facilities, for 
the purpose of preserving a commercially owned and operated capability 
of producing defense grade nitrocellulose at the rate of at least 
10,000,000 pounds per year in order to preserve a commercial 
manufacturing capability for munitions precursor supplies for the High 
Zone Modular Artillery Charge System and to preserve competition in 
that manufacturing capability.
    Sec. 310. Not later than 15 days after the date of the enactment of 
this Act, the Secretary of Defense shall obligate, from funds made 
available in title II of division A of Public Law 107-117 under the 
heading ``Operation and Maintenance, Defense-Wide'' (115 Stat. 2233), 
$4,000,000 for a grant to support the conversion of the Naval Security 
Group, Winter Harbor (the naval base on Schoodic Peninsula), Maine, to 
utilization as a research and education center for Acadia National 
Park, Maine, including the preparation of a plan for the reutilization 
of the naval base for such purpose that will benefit communities in the 
vicinity of the naval base and visitors to Acadia National Park and 
will stimulate important research and educational activities.
    Sec. 311. Of the amount available for fiscal year 2002 for the Army 
National Guard for operation and maintenance, $2,200,000 shall be made 
available for the Army National Guard for information operations, 
information assurance operations, and training for such operations.


                               (RESCISSION)

    Sec. 312. Of the funds provided under the heading, ``Emergency 
Response Fund'', in Public Law 107-38 that were not subject to 
subsequent enactment and not subject to the restrictions of the fifth 
proviso of that Act, and subsequently transferred to ``Defense 
Emergency Response Fund'', $224,000,000 of unobligated amounts are 
hereby rescinded.


                               (RESCISSION)

    Sec. 313. Of the unobligated funds available in titles III and IV 
of the Department of Defense Appropriations Act, 2002, $226,000,000, 
reflecting savings from revised economic assumptions, shall be 
rescinded within 15 days of enactment of this Act: Provided, That this 
reduction shall be applied on a pro-rata basis to each appropriations 
account in said titles, and to each line item, program element, 
project, subproject, and activity within each such account.

                               CHAPTER 4

                          DISTRICT OF COLUMBIA

                             FEDERAL FUNDS

       Federal Payment to the Children's National Medical Center

    For a Federal payment to the Children's National Medical Center in 
the District of Columbia for implementing the District Emergency 
Operations Plan, $10,000,000, to remain available until September 30, 
2003, of which $8,000,000 shall be for the expansion of quarantine 
facilities, and $2,000,000 shall be for the establishment of a 
decontamination facility for children and families: Provided, That the 
entire amount is designated by the Congress as an emergency requirement 
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended: Provided further, That the 
entire amount shall be available only to the extent an official budget 
request that includes designation of the entire amount of the request 
as an emergency requirement as defined in the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended, is transmitted by 
the President to the Congress.

              Federal Payment to the District of Columbia

    For a Federal payment to the District of Columbia to implement the 
District Emergency Operations Plan, $23,000,000, to remain available 
until December 1, 2003, of which $12,000,000 is for public safety 
expenses related to security events in the District of Columbia: 
Provided, That the Chief Financial Officer of the District of Columbia 
shall provide a report, within 15 days of an expenditure, to the 
Committees on Appropriations of the House of Representatives and 
Senate, detailing any expenditure of these funds: Provided further, 
That $5,000,000 is for the Unified Communications Center: Provided 
further, That $6,000,000 is for the construction of containment 
facilities and other activities to support the regional Bioterrorism 
Hospital Preparedness Program at the Washington Hospital Center: 
Provided further, That beginning October 1, 2002, the Chief Financial 
Officer of the Washington Hospital Center shall provide quarterly 
reports to the Committees on Appropriations of the House of 
Representatives and Senate, detailing the expenditure of these funds: 
Provided further, That the entire amount is designated by the Congress 
as an emergency requirement pursuant to section 251(b)(2)(A) of the 
Balanced Budget and Emergency Deficit Control Act of 1985, as amended: 
Provided further, That the entire amount shall be available only to the 
extent an official budget request that includes designation of the 
entire amount of the request as an emergency requirement as defined in 
the Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended, is transmitted by the President to the Congress.

 Federal Payment to the Washington Metropolitan Area Transit Authority

    For a Federal payment to the Washington Metropolitan Area Transit 
Authority, $8,000,000, to remain available until September 30, 2003, to 
contribute to the creation of a regional transportation back-up 
operations control center: Provided, That the General Manager of the 
Washington Metropolitan Area Transit Authority shall submit a plan for 
the future financing of a regional transportation back-up operations 
control center no later than February 5, 2003 to the Committees on 
Appropriations of the House of Representatives and Senate: Provided 
further, That the entire amount is designated by the Congress as an 
emergency requirement pursuant to section 251(b)(2)(A) of the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended: Provided 
further, That the entire amount shall be available only to the extent 
an official budget request that includes designation of the entire 
amount of the request as an emergency requirement as defined in the 
Balanced Budget and Emergency Deficit Control Act of 1985, as amended, 
is transmitted by the President to the Congress.

 Federal Payment to the Metropolitan Washington Council of Governments

    For a Federal payment to the Metropolitan Washington Council of 
Governments, $1,750,000, to remain available until September 30, 2003, 
for support of the Regional Incident Communication and Coordination 
System, as approved by the Council: Provided, That the entire amount is 
designated by the Congress as an emergency requirement pursuant to 
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended: Provided further, That the entire 
amount shall be available only to the extent an official budget request 
that includes designation of the entire amount of the request as an 
emergency requirement as defined in the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended, is transmitted by the 
President to the Congress.

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

    For a Federal payment to the Water and Sewer Authority of the 
District of Columbia for emergency preparedness, $1,250,000, to remain 
available until September 30, 2003, for remote monitoring of water 
quality: Provided, That the entire amount is designated by the Congress 
as an emergency requirement pursuant to section 251(b)(2)(A) of the 
Balanced Budget and Emergency Deficit Control Act of 1985, as amended: 
Provided further, That the entire amount shall be available only to the 
extent an official budget request that includes designation of the 
entire amount of the request as an emergency requirement as defined in 
the Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended, is transmitted by the President to the Congress.

                  Federal Payment for Family Court Act


                          (including RESCISSION)

    Of the funds appropriated under this heading in the District of 
Columbia Appropriations Act, 2002 (Public Law 107-96; 115 Stat. 929), 
$700,000 made available for the Mayor of the District of Columbia are 
rescinded.
    For a Federal payment to the Mayor of the District of Columbia for 
carrying out the District of Columbia Family Court Act of 2001, 
$700,000, to remain available until September 30, 2003, of which 
$200,000 shall be for completion of a plan by the Mayor on integrating 
the computer systems of the District of Columbia government with the 
Family Court of the Superior Court of the District of Columbia: 
Provided, That $500,000 of such amount provided to the Mayor shall be 
for the Child and Family Services Agency to be used for social workers 
to implement Family Court reform: Provided further, That the 
availability of these funds shall be subject to the reporting and 
availability requirements under this heading in the District of 
Columbia Appropriations Act, 2002 (Public Law 107-96; 115 Stat. 929).

                       DISTRICT OF COLUMBIA FUNDS

                           OPERATING EXPENSES

                          Division of Expenses

    The following amounts are appropriated for the District of Columbia 
for the current fiscal year out of the general fund of the District of 
Columbia.
    For public safety expenses related to security events in the 
District of Columbia, $12,000,000, to remain available until December 
1, 2003.
    For construction of containment facilities and other activities to 
support the regional Bioterrorism Hospital Preparedness Program at the 
Washington Hospital Center, $6,000,000, to remain available until 
December 1, 2003.
    For the Unified Communications Center, $5,000,000, to remain 
available until December 1, 2003.
    For carrying out the District of Columbia Family Court Act of 2001, 
$700,000, to remain available until September 30, 2003.

                   Governmental Direction and Support

    The paragraph under this heading in the District of Columbia 
Appropriations Act, 2002 (Public Law 107-96; 115 Stat. 933) 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 Safety and Justice


                               (Rescission)

    Notwithstanding any other provision of law, of the local funds 
appropriated under this heading to the Department of Corrections for 
support of the Corrections Information Council in the District of 
Columbia Appropriations Act, 2002 (Public Law 107-96; 115 Stat. 935), 
$100,000 are rescinded.

                    Corrections Information Council

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

                        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 (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 to address increased adoption case 
rates, higher case loads for adoption and emergency group home 
utilization: Provided further, That $26,000,000 shall be for the 
Department of Mental Health to address a Medicaid revenue shortfall.

                    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.

                       ENTERPRISE AND OTHER FUNDS

                       Water and Sewer Authority

    The following amounts are appropriated for the District of Columbia 
for the current fiscal year out of the general fund of the District of 
Columbia.
    For remote monitoring of water quality, $1,250,000, to remain 
available until September 30, 2003.

                    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 (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 (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).
    Sec. 404. The Chief Financial Officer of the Washington 
Metropolitan Area Transit Authority may use up to $2,400,000 from funds 
appropriated under Public Law 107-117 under the account, ``Federal 
Payment to the Washington Metropolitan Area Transit Authority'', that 
contains funds for protective clothing and breathing apparatus 
activities, for employee and facility security and completion of the 
fiber optic network project.
    Sec. 405. The District of Columbia Courts may expend up to 
$3,000,000 to carry out the District of Columbia Family Court Act of 
2001 from the ``Federal Payment to the District of Columbia Courts'' 
account: Provided, That such funds may be transferred to the ``Federal 
Payment to the District of Columbia Courts'' account from the ``Federal 
Payment for Family Court Act'' account in reimbursement for such 
obligations and expenditures as are necessary to implement the District 
of Columbia Family Court Act of 2001 for the period from October 1, 
2001 to September 30, 2002, once funds in the ``Federal Payment for 
Family Court Act'' account become available.
    Sec. 406. Section 11-908A(b)(4) of the District of Columbia Code 
(as added by Public Law 107-114) is amended by striking ``section 11-
1501(b)'' and inserting ``section 433 of the District of Columbia Home 
Rule Act''.
    Sec. 407. (a) Under the heading, ``Federal Payment to the Thurgood 
Marshall Academy Charter School'' provided under Public Law 107-96, 
strike ``Anacostia'' and insert ``Southeast, Washington, D.C.''.
    (b) Under the heading, ``Federal Payment to Southeastern 
University'' provided under Public Law 107-96, strike everything after 
``a public/private partnership'' and insert in lieu thereof, ``to plan 
a two year associate degree program.''.
    Sec. 408. Section 119 of the District of Columbia Appropriations 
Act, 2002 (Public Law 107-96; 115 Stat. 950) is amended as follows:
        (1) In the heading, by inserting ``and Other Funds'' after 
    ``Grants''.
        (2) In subsection (a), by inserting ``and other funds'' after 
    ``other grants''.
        (3) By amending subsection (b) to read as follows:
    ``(b) Requirements.--
        ``(1) Chief financial officer report and council approval for 
    grants.--
            ``(A) No such Federal, private, or other grant may be 
        accepted, obligated, or expended pursuant to subsection (a) 
        until--
                ``(i) the Chief Financial Officer of the District of 
            Columbia submits to the Council a report setting forth 
            detailed information regarding such grant; and
                ``(ii) the Council has reviewed and approved the 
            acceptance, obligation, and expenditure of such grant.
            ``(B) For purposes of subparagraph (A)(ii), the Council 
        shall be deemed to have reviewed and approved the acceptance, 
        obligation, and expenditure of a grant if--
                ``(i) 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 subparagraph (A)(i); or
                ``(ii) 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 
            subparagraph (A)(i).
        ``(2) Certification of chief financial officer and notification 
    of committees for other funds.--No funds which are not grants may 
    be accepted, obligated, or expended pursuant to subsection (a)--
            ``(A) unless the Chief Financial Officer of the District of 
        Columbia certifies that the funds are available and are not 
        required to address potential deficits; and
            ``(B) until the expiration of the 14-day period which 
        begins on the date the Mayor notifies the Committees on 
        Appropriations of the House of Representatives and Senate of 
        the acceptance, obligation, and expenditure of such funds.''.
        (4) In subsection (c)--
            (A) by striking ``under subsection (b)(2) of this section'' 
        and inserting ``or other funds under this section'';
            (B) by inserting ``or other funds'' after ``or other 
        grant''; and
            (C) by striking ``such paragraph'' and inserting ``this 
        section''.
        (5) In subsection (d), by inserting ``and other funds'' after 
    ``and other grants''.
    Sec. 409. Effective June 30, 2002, the authority which the Chief 
Financial Officer of the District of Columbia exercised with respect to 
personnel, procurement, and the preparation of fiscal impact statements 
during a control period (as defined in Public Law 104-8) shall remain 
in effect through July 1, 2003 or until such time as the District of 
Columbia Fiscal Integrity Act becomes effective, whichever occurs 
sooner.

                               CHAPTER 5

                      DEPARTMENT OF DEFENSE--CIVIL

                         Department of the Army

                       Corps of Engineers--Civil

                   Operation and Maintenance, General

    For an additional amount for ``Operation and Maintenance, General'' 
for emergency expenses, $108,200,000, to remain available until 
September 30, 2003: 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 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; and, in addition, 
$32,000,000, to remain available until expended: Provided, That using 
the funds appropriated herein, the Secretary of the Army, acting 
through the Chief of Engineers, is directed to repair, restore, and 
clean-up Corps' projects and facilities and dredge navigation channels, 
restore and clean out area streams, provide emergency streambank 
protection, restore other crucial public infrastructure (including 
sewer and water facilities), document flood impacts and undertake other 
flood recovery efforts deemed necessary and advisable by the Chief of 
Engineers: Provided further, That $10,000,000 of the funds provided 
shall be for Southern West Virginia, Eastern Kentucky, and Southwestern 
Virginia: Provided further, That the remaining $22,000,000 shall be 
available for Western Illinois, Southern Indiana, Eastern Missouri, and 
the Upper Peninsula of Michigan.

                       DEPARTMENT OF THE INTERIOR

                         Bureau of Reclamation


                       Water and Related Resources

    For an additional amount for ``Water and Related Resources'', 
$7,000,000, to remain available until expended: Provided, That 
$3,000,000 is for the drilling of emergency wells in Santa Fe, New 
Mexico: Provided further, That $4,000,000 is to be used for the lease 
of up to 38,000 acre-feet of emergency water for the Rio Grande in New 
Mexico, in compliance with the existing biological opinion.

                          DEPARTMENT OF ENERGY

                            ENERGY PROGRAMS

                                Science

    For an additional amount for ``Science'' for emergency expenses 
necessary to support safeguards and security activities, $24,000,000: 
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 the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended.

                    ATOMIC ENERGY DEFENSE ACTIVITIES

                National Nuclear Security Administration


                            Weapons Activities

                          (including rescission)

    For an additional amount for ``Weapons Activities'' for emergency 
expenses, $158,050,000: Provided, That $138,650,000 shall be available 
only to the extent that an official budget request for $138,650,000 
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.
    Of the funds appropriated under this heading in Public Law 107-66 
and prior Energy and Water Development Appropriations Acts, $14,460,000 
of unexpended balances are rescinded.


                     Defense Nuclear Nonproliferation

    For an additional amount for ``Defense Nuclear Nonproliferation'' 
for emergency activities necessary to support the safeguarding of 
nuclear material, $100,000,000, to remain available until December 31, 
2002.


                       Office of the Administrator

    For an additional amount for ``Office of the Administrator'' for 
emergency expenses, $1,750,000: Provided, That the entire amount is 
designated by the Congress as an emergency requirement pursuant to 
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended: Provided further, That the entire 
amount shall be available only to the extent an official budget request 
that includes designation of the entire amount of the request as an 
emergency requirement as defined in the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended, is transmitted by the 
President to the Congress.

               ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES

         Defense Environmental Restoration and Waste Management


                          (including rescission)

    For an additional amount for ``Defense Environmental Restoration 
and Waste Management'' for emergency expenses necessary to support 
safeguards and security activities, $56,000,000: 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 the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended.
    Of the funds appropriated under this heading in Public Law 107-66 
and prior Energy and Water Development Appropriations Acts, $15,540,000 
of unexpended balances are rescinded.

                  Defense Facilities Closure Projects

    For an additional amount for ``Defense Facilities Closure 
Projects'' for emergency expenses necessary to support safeguards and 
security activities, $14,000,000: 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 the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended.

                        Other Defense Activities

    For an additional amount for ``Other Defense Activities'' for 
emergency expenses necessary to support energy security and assurance 
activities, $7,000,000: Provided, That the entire amount is designated 
by the Congress as an emergency requirement pursuant to section 
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act 
of 1985, as amended.

                    GENERAL PROVISIONS--THIS CHAPTER

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

                               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 HIV/
AIDS, tuberculosis, and malaria, $200,000,000, to remain available 
until June 30, 2003: Provided, That such activities should include 
maternal health and related assistance in communities heavily impacted 
by HIV/AIDS: Provided further, That additional assistance should be 
provided to prevent transmission of HIV/AIDS from mother to child: 
Provided further, That of the funds appropriated under this heading in 
this Act, not less than $100,000,000 should be made available for a 
further United States contribution to the Global Fund to Fight AIDS, 
Tuberculosis, and Malaria: Provided further, That the cumulative amount 
of United States contributions to the Global Fund may not exceed the 
total resources provided by other donors and available for use by the 
Global Fund as of December 31, 2002: Provided further, That of the 
funds appropriated under this heading, up to $6,000,000 may be 
transferred to and merged with funds appropriated by this Act under the 
heading ``Operating Expenses of the United States Agency for 
International Development'' for costs directly related to international 
health: Provided further, That funds appropriated by this paragraph 
shall be apportioned to the United States Agency for International 
Development, and the authority of sections 632(a) or 632(b) of the 
Foreign Assistance Act of 1961, or any similar provision of law, may 
not be used to transfer or allocate any part of such funds to any 
agency of the United States Government: Provided further, That the 
entire amount is designated by the Congress as an emergency requirement 
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended: Provided further, That the 
entire amount shall be available only to the extent an official budget 
request, that includes designation of the entire amount of the request 
as an emergency requirement as defined in the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended, is transmitted by 
the President to the Congress: Provided further, That the funds 
appropriated under this heading shall be subject to the regular 
notification procedures of the Committees on Appropriations.


                    INTERNATIONAL DISASTER ASSISTANCE

    For an additional amount for ``International Disaster Assistance'' 
for emergency expenses for activities related to combating 
international terrorism, including repairing homes of Afghan citizens 
that were damaged as a result of military operations, $134,000,000, to 
remain available until September 30, 2003.
    In addition, for an additional amount for ``International Disaster 
Assistance'' for assistance for the West Bank and Gaza, $50,000,000, to 
remain available until September 30, 2003: Provided, That none of the 
funds appropriated by this Act may be obligated or expended with 
respect to providing funds to the Palestinian Authority: Provided 
further, That the entire amount provided under this heading in this Act 
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 $144,000,000 
shall be available only to the extent an official budget request, that 
includes designation of $144,000,000, including $50,000,000 for the 
West Bank and Gaza, 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, 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.

                  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, $665,000,000, to remain available until June 30, 2003: 
Provided, That of the funds appropriated by this paragraph that are 
made available for assistance for Pakistan, $1,000,000 should be made 
available for programs and activities which support the development of 
independent media in Pakistan: Provided further, That of the funds 
appropriated by this paragraph, $10,000,000 should be made available 
for the establishment of a pilot academic year international youth 
exchange program for secondary school students from countries with 
significant Muslim populations: Provided further, That funds made 
available pursuant to the previous proviso shall not be available for a 
country in which a similar academic year youth exchange program is 
currently funded by the United States: Provided further, That of the 
funds appropriated by this paragraph, $200,000,000 shall be made 
available for assistance for Israel, all or a portion of which may be 
transferred to, and merged with, funds appropriated by this Act under 
the heading ``nonproliferation, anti-terrorism, demining and related 
programs'' for defensive, non-lethal anti-terrorism assistance in 
accordance with the provisions of chapter 8 of part II of the Foreign 
Assistance Act of 1961: Provided further, That the entire amount is 
designated by the Congress as an emergency requirement pursuant to 
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended: Provided further, That $200,000,000 
shall be available only to the extent an official budget request, that 
includes designation of $200,000,000 for Israel 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 funds appropriated under this heading, 
and funds appropriated under this heading in prior Acts that are made 
available for the purposes of this paragraph, may be made available 
notwithstanding section 512 of Public Law 107-115 or any similar 
provision of law: Provided further, That the Secretary of State shall 
inform the Committees on Appropriations at least 15 days prior to the 
obligation of funds appropriated by this paragraph.


     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 June 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 
Secretary of State shall inform the Committees on Appropriations at 
least 15 days prior to the obligation of funds appropriated by this 
paragraph.

                          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, $117,000,000, to remain available 
until September 30, 2003: Provided, That funds appropriated under this 
heading should be made available to train and equip a Colombian Armed 
Forces unit dedicated to apprehending the leaders of paramilitary 
organizations: Provided further, That of the funds appropriated by this 
paragraph, not to exceed $6,000,000 may be made available for 
assistance for the Colombian Armed Forces for purposes of protecting 
the Cano Limon pipeline: Provided further, That prior to the obligation 
of funds under the previous proviso, the Secretary of State shall 
submit a report to the Committees on Appropriations describing: (1) the 
estimated oil revenues collected by the Government of Colombia from the 
Cano Limon pipeline for the preceding 12 months; (2) the amounts 
expended during such period by the Government of Colombia and private 
companies owning a financial interest in the pipeline for primary 
health care, basic education, micro-enterprise and other programs and 
activities to improve the lives of the people of Arauca department; (3) 
steps that are being taken to increase and expand support for these 
programs and activities; and (4) mechanisms that are being established 
to adequately monitor such funds: Provided further, That of the funds 
appropriated by this paragraph, not to exceed $4,000,000 should be made 
available for law enforcement training for Indonesian police forces: 
Provided further, That the Secretary of State shall inform the 
Committees on Appropriations at least 15 days prior to the obligation 
of funds appropriated by this paragraph: 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 
$3,000,000 shall be available only to the extent an official budget 
request, that includes designation of $3,000,000 as an emergency 
requirement as defined in the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended, is transmitted by the President to the 
Congress.


                     migration and refugee assistance

    For an additional amount for ``Migration and Refugee Assistance'' 
for emergency expenses for activities related to combating 
international terrorism, $40,000,000, to remain available until June 
30, 2003: Provided, That the entire amount is designated by the 
Congress as an emergency requirement pursuant to section 251(b)(2)(A) 
of the Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended: Provided further, That the entire amount shall be available 
only to the extent an official budget request that includes designation 
of the entire amount of the request as an emergency requirement as 
defined 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, $88,000,000, to remain 
available until September 30, 2003: Provided, That of the funds 
appropriated by this paragraph, not to exceed $12,000,000 should be 
made available for assistance for Indonesia: Provided further, That of 
the funds appropriated by this paragraph, up to $1,000,000 may be made 
available for small arms and light weapons destruction in Afghanistan: 
Provided further, That of the funds appropriated by this paragraph, up 
to $1,000,000 may be made available for the Nonproliferation and 
Disarmament Fund: Provided further, That the entire amount is 
designated by the Congress as an emergency requirement pursuant to 
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended: Provided further, That $5,000,000 
shall be available only to the extent an official budget request, that 
includes designation of $5,000,000 as an emergency requirement as 
defined in the Balanced Budget and Emergency Deficit Control Act of 
1985, as amended, is transmitted by the President to the Congress: 
Provided further, That funds appropriated by this paragraph shall be 
subject to the regular notification procedures of the Committees on 
Appropriations.

                          MILITARY ASSISTANCE

                  Funds Appropriated to the President


                    FOREIGN MILITARY FINANCING PROGRAM

    For an additional amount for ``Foreign Military Financing Program'' 
for emergency expenses for activities related to combating 
international terrorism, $387,000,000, to remain available until June 
30, 2003: Provided, That funds made available by this Act for 
assistance for the Government of Uzbekistan may be made available if 
the Secretary of State determines and reports to the Committees on 
Appropriations that the Government of Uzbekistan is making substantial 
and continuing progress in meeting its commitments under the 
``Declaration on the Strategic Partnership and Cooperation Framework 
Between the Republic of Uzbekistan and the United States of America'': 
Provided further, That the entire amount is designated by the Congress 
as an emergency requirement pursuant to section 251(b)(2)(A) of the 
Balanced Budget and Emergency Deficit Control Act of 1985, as amended: 
Provided further, That $30,000,000 shall be available only to the 
extent an official budget request, that includes designation of 
$30,000,000 for the Philippines 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 Secretary of State shall inform the Committees on 
Appropriations at least 15 days prior to the obligation of funds 
appropriated by this paragraph: 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 June 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 by this paragraph shall be available 
only for Afghanistan, and may be made available notwithstanding section 
512 of Public Law 107-115 or any similar provision of law.

                    EXPORT AND INVESTMENT ASSISTANCE

                Export-Import Bank of the United States


                               (rescission)

    Of the funds appropriated under the heading ``Export-Import Bank of 
the United States'' that are available for tied-aid grants in title I 
of Public Law 107-115 and under such heading in prior Acts making 
appropriations for foreign operations, export financing, and related 
programs, $50,000,000 are rescinded.

                     BILATERAL ECONOMIC ASSISTANCE

                  Funds Appropriated to the President


                               (rescission)

    Of the funds appropriated to carry out the provisions of parts I 
and II of the Foreign Assistance Act of 1961, the Support for East 
European Democracy (SEED) Act of 1989, and the FREEDOM Support Act, 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: Provided, 
That not more than a total of $25,000,000 may be rescinded from funds 
appropriated under the heading ``Development Assistance'' in said Acts: 
Provided further, That no rescission may be made from funds 
appropriated to carry out the provisions of section 104(c) of the 
Foreign Assistance Act of 1961.

                    MULTILATERAL ECONOMIC ASSISTANCE

                  Funds Appropriated to the President


                   INTERNATIONAL FINANCIAL INSTITUTIONS

                               (rescission)

    The unobligated balances of funds provided in Public Law 92-301 and 
Public Law 93-142 for maintenance of value payments to international 
financial institutions are rescinded.

                    GENERAL PROVISIONS--THIS CHAPTER

    Sec. 601. (a) Counter-Terrorism Authority.--
        (1) 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.
        (2) This provision shall also apply to unexpired balances and 
    assistance previously provided from prior years' Acts available for 
    the purposes identified in paragraph (1).
        (3) The authority in this section is in addition to authorities 
    currently available to provide assistance to Colombia.
    (b) In order to ensure effectiveness of United States support for 
such a unified campaign, prior to the exercise of the authority 
contained in subsection (a), the Secretary of State shall report to the 
Committees on Appropriations that--
        (1) the newly elected President of Colombia has--
            (A) committed, in writing, to establish comprehensive 
        policies to combat illicit drug cultivation, manufacturing, and 
        trafficking (particularly with respect to providing economic 
        opportunities that offer viable alternatives to illicit crops) 
        and to restore government authority and respect for human 
        rights in areas under the effective control of paramilitary and 
        guerrilla organizations;
            (B) committed, in writing, to implement significant 
        budgetary and personnel reforms of the Colombian Armed Forces; 
        and
            (C) committed, in writing, to support substantial 
        additional Colombian financial and other resources to implement 
        such policies and reforms, particularly to meet the country's 
        previous commitments under ``Plan Colombia''; and
        (2) no United States Armed Forces personnel or United States 
    civilian contractor employed by the United States will participate 
    in any combat operation in connection with assistance made 
    available for Colombia under this chapter.
    (c) The authority provided in subsection (a) shall cease to be 
effective if the Secretary of State has credible evidence that the 
Colombian Armed Forces are not conducting vigorous operations to 
restore government authority and respect for human rights in areas 
under the effective control of paramilitary and guerrilla 
organizations.
    (d) Sections 556, 567, and 568 of Public Law 107-115, section 8093 
of the Department of Defense Appropriations Act, 2002, and the 
numerical limitations on the number of United States military personnel 
and United States individual civilian contractors in section 3204(b)(1) 
of Public Law 106-246, as amended, shall be applicable to funds made 
available pursuant to the authority contained in subsection (a).


           donated shipment of humanitarian assistance overseas

    Sec. 602. During fiscal year 2002, of the amounts made available by 
the United States Agency for International Development to carry out the 
provisions of section 123(b) of the Foreign Assistance Act of 1961, 
funds may be made available to non-governmental organizations for 
administrative costs necessary to implement a program to obtain 
available donated space on commercial ships for the shipment of 
humanitarian assistance overseas.


        reports on afghanistan security and delivery of assistance

    Sec. 603. The President shall transmit to the Committee on 
Appropriations and the Committee on International Relations of the 
House of Representatives and the Committee on Appropriations and the 
Committee on Foreign Relations of the Senate two reports setting forth 
a strategy for meeting the security needs of Afghanistan in order to 
promote safe and effective delivery of humanitarian and other 
assistance throughout Afghanistan, further the rule of law and civil 
order, and support the formation of a functioning, representative 
Afghan national government. The first report, which should be 
transmitted no later than 30 days after enactment of this Act, should 
report on the strategy for meeting the immediate security needs of 
Afghanistan. The second report, which should be transmitted no later 
than 90 days after enactment of this Act, should report on a long term 
strategy for meeting the security needs of Afghanistan and should 
include a reassessment of the strategy to meet the immediate security 
needs if they have changed substantially.

                               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 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.

                United States Fish and Wildlife Service


                           Resource Management

    For an additional amount for ``Resource Management'', $1,038,000, 
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 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.


                               Construction

    For an additional amount for ``Construction'', $3,125,000, to 
remain available until expended, for facility and safety improvements 
related to homeland security: Provided, That the Congress designates 
the entire amount as an emergency requirement pursuant to section 
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act 
of 1985, as amended: Provided further, That the entire amount shall be 
available only to the extent an official budget request that includes 
designation of the entire amount of the request as an emergency 
requirement as defined in the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended, is transmitted by the President to the 
Congress.

                         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 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.


                               Construction

    For an additional amount for ``Construction'', $17,651,000, to 
remain available until expended: Provided, That the Congress designates 
the entire amount as an emergency requirement pursuant to section 
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act 
of 1985, as amended: Provided further, That the entire amount shall be 
available only to the extent an official budget request that includes 
designation of the entire amount of the request as an emergency 
requirement as defined in the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended, is transmitted by the President to the 
Congress.

                    United States Geological Survey


                  Surveys, Investigations, and Research

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

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

                       DEPARTMENT OF AGRICULTURE

                             Forest Service


                         wildland fire management

    For an additional amount to cover necessary expenses for wildfire 
suppression operations, $50,000,000, to remain available until 
expended: Provided, That such funds are also available for repayment of 
advances to other appropriation accounts from which funds were 
previously transferred for wildfire suppression: Provided further, That 
the entire amount is designated by the Congress as an emergency 
requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended: Provided further, 
That the entire amount shall be available only to the extent that an 
official budget request, that includes designation of the entire amount 
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.


                   Capital Improvement and Maintenance

    For an additional amount for ``Capital Improvement and 
Maintenance'', $3,500,000, to remain available until expended, for 
facility enhancements to protect property from acts of terrorism, 
vandalism, and theft: Provided, That the Congress designates the entire 
amount as an emergency requirement pursuant to section 251(b)(2)(A) of 
the Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended: Provided further, That the entire amount shall be available 
only to the extent an official budget request that includes designation 
of the entire amount of the request as an emergency requirement as 
defined in the Balanced Budget and Emergency Deficit Control Act of 
1985, as amended, is transmitted by the President to the Congress.

                             RELATED AGENCY

                        Smithsonian Institution


                          salaries and expenses

    For an additional amount for ``Salaries and Expenses'', of the 
Smithsonian Institution, $10,000,000, 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 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.


                               Construction

    For an additional amount for ``Construction'', $2,000,000, to 
remain available until expended, for planning, design, and construction 
of an alcohol collections storage facility at the Museum Support 
Center: Provided, That the Congress designates the entire amount as an 
emergency requirement pursuant to section 251(b)(2)(A) of the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended: Provided 
further, That the entire amount shall be available only to the extent 
an official budget request that includes designation of the entire 
amount of the request as an emergency requirement as defined in the 
Balanced Budget and Emergency Deficit Control Act of 1985, as amended, 
is transmitted by the President to the Congress.

                    GENERAL PROVISIONS--THIS CHAPTER

    Sec. 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 meeting the terms necessary for an 
airport operating certificate and the purchase of fuel supplies.
    Sec. 704. The Department of the Interior and Related Agencies 
Appropriations Act, 2002 (Public Law 107-63), under the head ``Minerals 
Management Service, Royalty and Offshore Minerals Management'' is 
amended by striking the word ``and'' immediately following the word 
``points,'' in the sixth proviso, and by inserting immediately after 
the word ``program'' in the sixth proviso ``, or under its authority to 
transfer oil to the Strategic Petroleum Reserve,'', and by inserting at 
the end of the sixth proviso immediately preceding the colon, the 
following, ``and to recover MMS transportation costs, salaries and 
other administrative costs directly related to filling the Strategic 
Petroleum Reserve''.
    Sec. 705. In entering into agreements with foreign countries 
pursuant to the Wildfire Suppression Assistance Act (42 U.S.C. 1856m) 
the Secretary of Agriculture and the Secretary of the Interior are 
authorized to enter into reciprocal agreements in which the individuals 
furnished under said agreements to provide wildfire services are 
considered, for purposes of tort liability, employees of the country 
receiving said services when the individuals are fighting fires. The 
Secretary of Agriculture or the Secretary of the Interior shall not 
enter into any agreement under this provision unless the foreign 
country (either directly or through its fire organization) agrees to 
assume any and all liability for the acts or omissions of American 
firefighters engaged in firefighting in a foreign country. When an 
agreement is reached for furnishing fire fighting services, the only 
remedies for acts or omissions committed while fighting fires shall be 
those provided under the laws of the host country and those remedies 
shall be the exclusive remedies for any claim arising out of fighting 
fires in a foreign country. Neither the sending country nor any 
organization associated with the firefighter shall be subject to any 
action whatsoever pertaining to or arising out of fighting fires.
    Sec. 706. (a) Findings.--Congress finds that--
        (1) forest health conditions within the Beaver Park Area and 
    the Norbeck Wildlife Preserve within the Black Hills National 
    Forest are deteriorating and immediate action to treat these areas 
    is in the public interest;
        (2) the existing settlement agreement in Biodiversity 
    Associates v. Laverty, Civil Action No. 99-N-2173, filed in the 
    United States District Court for the District of Colorado on 
    September 12, 2000, (referred to in this Act as the ``Settlement'') 
    prevents timely action to reduce the risk of wildfire in the Beaver 
    Park Roadless Area;
        (3) pending litigation (Sierra Club v. U.S. Forest Service, 
    Civ. No. 94-D-2273 (D. Colorado)) prevents timely action to reduce 
    the risk of wildfire in the Norbeck Wildlife Preserve;
        (4) existing administrative and legal processes cannot address 
    the fire danger in time to enable the Secretary of Agriculture to 
    take action to reduce the danger;
        (5) immediate action to address the fire danger in an 
    environmentally responsive manner is supported by the State, local 
    counties, local industry users, and some environmental groups;
        (6) the addition of 3,600 acres to the Black Elk Wilderness in 
    the Black Hills National Forest is in the public interest;
        (7) the State of South Dakota, Lawrence, Meade and Pennington 
    County fire officials are encouraged to identify ``fire emergency 
    zone'' areas in which public safety may require a moratorium on 
    issuance of new building permits, and identify the changes in 
    conditions (including the adoption of fire-safe building standards) 
    that may be needed to end these moratoria; and
        (8) the State of South Dakota is encouraged to take actions as 
    necessary to create a defensible fuel zone within State lands south 
    and southwest of Sturgis.
    (b) Purposes.--The purposes of this section are--
        (1) to authorize and direct the Secretary of Agriculture (in 
    this section referred to as the ``Secretary'') to undertake actions 
    to address promptly the risk of fire and insect infestation; and
        (2) to designate an addition to the existing Black Elk 
    Wilderness Area in the Black Hills National Forest.
    (c) Fire and Beetle Risk Reduction in Existing Timber Sale Analysis 
Areas.--
        (1) In general.--Subject to paragraph (2), the Secretary is 
    authorized to treat additional timber within or outside the 
    existing cutting units for the Piedmont, Kirk, Redhill, Cavern, 
    Deadman, Danno and Vanocker timber sales and within the analysis 
    areas for these sales as is necessary to reduce beetle infestation 
    and fire hazard;
        (2) Criteria.--In implementing additional treatments within the 
    timber sale analysis areas referred to in paragraph (1), the 
    Secretary shall use in order of priority the following criteria:
            (A) Areas within \1/4\ mile of private properties where 
        private property owners have taken or are taking actions to 
        treat their lands.
            (B) Stands that are a fire hazard or insect infested, and 
        are near private lands or in proximity to communities.
            (C) Areas that have the highest intensity or concentration 
        of insect infestation that will move to other areas.
            (D) Stands that are a fire hazard or insect infested, and 
        are near areas of high resource value where retaining green 
        trees is important, such as goshawk nests, sensitive 
        landscapes, recreation areas, and developments.
            (E) Stands that are a high fire hazard or insect infested, 
        and are within skidding distance of existing roads.
            (F) Concentrations of insect infested trees.
            (G) Stands with the highest density that are most 
        susceptible to insect attack and are in close proximity to 
        infested trees.
        (3) Additional criteria.--In carrying out this subsection, the 
    Secretary shall ensure that--
            (A) any additional treatment for the Cavern, Kirk, and 
        Piedmont sales shall comply with provisions 6c, d and e of the 
        Settlement;
            (B) any additional treatment for the Deadman and Vanocker 
        sales, shall be consistent with the Black Hills Forest Plan, 
        including the ``Phase I Amendment''; and
            (C) any additional treatment for the Redhill and Danno 
        sales shall comply with the provisions of 7b, c, and g of the 
        Settlement.
        (4) Skid trails.--Notwithstanding the Settlement, the Secretary 
    may authorize access by skid trails to the additional treatment 
    areas referred to in this subsection to remove or treat infested 
    stands, except that the skid trails otherwise restricted by the 
    settlement shall be restored to pre-existing conditions upon 
    completion of treatment activities.
        (5) Completion of treatment activities.--The Secretary shall 
    request timber purchasers to give priority to completing treatment 
    within the Piedmont, Kirk, Redhill, Cavern, Deadman, Danno, and 
    Vanocker timber sale areas to address fire issues and beetle 
    outbreaks.
    (d) Other Treatments.--
        (1) Buffer zones.--The Secretary is authorized to reduce risk 
    to private property adjoining the Black Hills National Forest by 
    treating insect infested trees, dead trees, and downed woody 
    materials on National Forest System lands in T5N, R5E, BHM, Section 
    35, and T4N, R5E, BHM, Sections 1, 2 and 12 within 200 feet of 
    adjacent private property. The treatments shall comply with the 
    goshawk nest protections and snail protections in provisions 6c and 
    7g of the Settlement.
        (2) Additional treatments.--The Secretary is authorized to 
    treat for insects and fuel reduction National Forest System lands 
    within \1/4\ mile of private property and other non-National Forest 
    System lands near the community of Sturgis, and shall include, 
    where feasible, the following locations:
            (A) in T5N, R5E, BHM within \1/4\ mile of the exterior 
        boundary of the Black Hills National Forest in--
                (i) Section 35;
                (ii) Section 27;
                (iii) Section 21;
                (iv) Section 20; and
                (v) Section 18.
            (B) in T5N, R4E, BHM--
                (i) Section 13;
                (ii) Section 11;
                (iii) Section 2;
                (iv) Section 3; and
                (v) Section 4.
        (3) Fuel breaks.--The Secretary shall establish 400-foot fuel 
    breaks as depicted on the map entitled ``Beaver Park Fuel Breaks 
    and Fuel Treatment Areas,'' dated June 11, 2002. In establishing 
    the fuel breaks, the Secretary--
            (A) shall not enter any 30-acre area around historic or 
        active goshawk nest sites identified in Exhibit B1 of the 
        Settlement; and
            (B) shall use best efforts to retain the largest green 
        trees and large snags.
        (4) Limitation.--Treatment actions outside of the Beaver Park 
    Roadless Area authorized by subsection (c) and subsection (d)(1), 
    (2), and (3) shall be limited to no more than 8,000 acres of 
    National Forest System land, pending the issuance of a decision on 
    the proposed Elk Bugs and Fuel project.
        (5) Forbes gulch.--To reduce concentrated heavy fuels, the 
    Secretary is authorized to treat not more than 700 acres within the 
    area identified as Forbes Gulch on the map referred to in paragraph 
    (3). Such treatments shall not involve commercial timber sales or 
    road construction, except that the Secretary may permit firewood 
    cutters to remove the timber without construction of any roads. In 
    carrying out the treatments authorized by this paragraph, the 
    Secretary--
            (A) may use the Forbes Gulch unclassified road for 
        motorized equipment and vehicles to facilitate ingress and 
        egress of equipment and personnel and may maintain this road to 
        minimum standards necessary for safety and resource protection;
            (B) may utilize helicopters to fly in heavy equipment (such 
        as industrial chippers and small tractors) to assist with the 
        project;
            (C) shall use best efforts to retain the largest green 
        trees and large snags;
            (D) may construct two 10-acre safety zones; and
            (E) shall reduce the stand structure to no less than 40 
        square feet basal area per acre of live trees, if available.
    (e) Fire Suppression Access in the Beaver Park Roadless Area.--
        (1) Pre-suppression plan.--The pre-suppression plan for the 
    Beaver Park Roadless Area provided for in the Settlement may 
    provide for actions authorized by this section, and shall be 
    completed as soon as practicable.
        (2) Improved access.--The Secretary is authorized to provide 
    for improved fire equipment access at the perimeter of the Beaver 
    Park Roadless Area by improving classified Forest Roads 139.1, 
    169.1b, 169.1d, and 139.1b. Such improvements shall be the minimum 
    necessary for crews, equipment and single axle wildfire trucks and 
    may include removing selected trees along roads, constructing pull-
    outs and turn-arounds, smoothing road surfaces in rough spots, and 
    straightening some corners.
        (3) Forbes gulch unclassified road.--To protect public safety 
    and reduce fire risks, the Secretary shall prohibit public access 
    year-long on the Forbes Gulch unclassified road. The Secretary 
    shall conduct a roads analysis process as provided in Forest 
    Service Manual 7710 and the necessary level of analysis and 
    documentation pursuant to the National Environmental Policy Act of 
    1969 (42 U.S.C. 4321-4347) (in this section referred to as 
    ``NEPA'') before making a decision to open to public motor vehicle 
    use the Forbes Gulch unclassified road identified on the map 
    entitled ``Beaver Park Fuel Breaks and Fuel Treatment Areas,'' 
    dated June 11, 2002. Except as provided in subsection (d)(5) and 
    until a decision is issued, the Secretary shall not maintain the 
    Forbes Gulch unclassified road and shall prohibit public access on 
    the road.
        (4) Helispots.--If sufficient openings for helispots are not 
    available in the Beaver Park Roadless Area, the Secretary is 
    authorized to construct two 5-acre helispots within the Area to 
    transport firefighters and fire equipment into and out of the area.
        (5) Easements.--To facilitate firefighter access into, and 
    escape routes from, Beaver Park Roadless Area, the Secretary shall 
    attempt to acquire easements from the exterior Forest Service 
    boundary to I-90 on the eastern side of Beaver Park Roadless Area, 
    at a minimum, along Tilford Gulch, Forbes Gulch, Pleasant Valley 
    and Bulldog Gulch.
    (f) Needles Timber Sale Area.--
        (1) Needles timber sale.--The Needles Timber Sale shall proceed 
    after the Secretary makes modifications in implementation of the 
    Decision Notice to further benefit game animals and birds, as 
    reflected in the memorandum known as the ``Burns/Carter 
    memorandum'' dated November 10, 1999, and maintained in the Black 
    Hills National Forest Supervisor's office. The standards to which 
    any road is constructed for the timber sale shall be the minimum 
    necessary to access and remove timber.
        (2) Research committee.--By December 1, 2003, the Secretary 
    shall select a committee composed of research scientists who are 
    federal employees to recommend an old growth research area within 
    the Needles area (outside the Needles Timber Sale cutting units). 
    By December 1, 2004, the committee shall make its recommendation to 
    the Secretary. The committee's recommendation shall be subject to 
    public notice, review and comment.
    (g) Grizzly Timber Sale.--The Grizzly Timber Sale shall proceed 
after the Secretary makes modifications in implementation of the 
Decision Notice to further benefit game animals and birds, as reflected 
in the memorandum known as the ``Burns/Carter memorandum'' dated 
November 10, 1999, and maintained in the Black Hills National Forest 
Supervisor's office. The standards to which any road is constructed for 
the timber sale shall be the minimum necessary to access and remove 
timber.
    (h) Norbeck.--The Secretary is authorized to use the full spectrum 
of management tools including prescribed fire and silvicultural 
treatments to benefit game animal and bird habitat in meeting the 
purposes of the Norbeck Organic Act. The management actions required by 
subsections (f)(1) and (g) are deemed consistent with the Norbeck 
Organic Act (16 U.S.C. 675-678b).
    (i) Norbeck Memorandum of Understanding.--By December 1, 2003, the 
Secretary shall propose a Memorandum of Understanding with the South 
Dakota Department of Game, Fish and Parks to, at a minimum, adopt 
procedures to monitor the effects of management activities, consult on 
habitat management, concur on program areas of responsibility, and 
review and recommend as needed any changes to Norbeck Wildlife Preserve 
direction contained in the 1997 Revised Forest Plan and future plan 
amendments and revisions. The basis of the MOU will be the guidelines 
set forth in the May 21, 2002 memo by SDF&P.
    (j) Process.--Due to the extraordinary circumstances present here, 
actions authorized by this section shall proceed immediately and to 
completion notwithstanding any other provision of law including, but 
not limited to, NEPA and the National Forest Management Act (16 U.S.C. 
1601 et seq.). Such actions shall also not be subject to the notice, 
comment, and appeal requirements of the Appeals Reform Act, (16 U.S.C. 
1612 (note), Pub. Law No. 102-381 sec. 322). Any action authorized by 
this section shall not be subject to judicial review by any court of 
the United States. Except as provided by this section the Settlement 
remains in full force and effect.
    (k) Effect of Actions.--Except for those actions required by 
subsections (f)(1) and (g), the Secretary shall disclose the effect of 
actions authorized by this section in the proposed Elk Bugs and Fuels 
project cumulative effects analysis for past, present, and reasonably 
foreseeable future actions. The decision for the Elk Bugs and Fuels 
project shall be issued not later than July 1, 2003.
    (l) Research Natural Area.--Except as provided in this section, the 
Secretary shall undertake no additional ground disturbing or vegetation 
removal activities within the Beaver Park Roadless Area until 
completion of the Phase II amendment to the Black Hills National Forest 
Plan. The Secretary shall analyze the Beaver Park Roadless Area for 
suitability as a Research Natural Area, as required by the Settlement. 
The Secretary shall not consider any of the actions authorized or 
required by this section to affect the suitability of the Beaver Park 
Roadless Area for designation as a Research Natural Area.
    (m) Roadless Character.--The actions authorized by this section 
will not affect the determination of the Beaver Park Roadless Area's 
wilderness capability, wilderness suitability, and/or roadless 
character.
    (n) Wilderness Designation.--Section 103 of Public Law 96-560 is 
amended by--
        (1) inserting ``(1)'' after ``National Wilderness Preservation 
    System:''; and
        (2) adding before ``: Provided, That'' the following: ``; and 
    (2) certain lands in the Black Hills National Forest, South Dakota, 
    which comprise approximately three thousand six hundred acres, as 
    generally depicted on a map entitled `Black Elk Wilderness 
    Addition-Proposed,' dated June 13, 2002, and which shall constitute 
    an addition to the existing Black Elk Wilderness''.
    (o) Reporting.--The Secretary shall report to the Congress on the 
implementation of this section on or by November 30, 2002, June 30, 
2003, and November 30, 2003.

                               CHAPTER 8

                          DEPARTMENT OF LABOR

             Occupational Safety and Health Administration


                          SALARIES AND EXPENSES

    Of the funds provided under this heading in Public Law 107-116 for 
Occupational Safety and Health Administration training grants, not less 
than $3,200,000 shall be used to extend funding for the Institutional 
Competency Building training grants which commenced in September 2000, 
for program activities for the period of September 30, 2002 to 
September 30, 2003, provided that a grantee has demonstrated 
satisfactory performance.

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

              Health Resources and Services Administration


                      Health Resources and Services

    The matter preceding the first proviso under this heading in Public 
Law 107-116 is amended--
        (1) by inserting ``IV,'' after ``titles II, III,''; and
        (2) by striking ``$311,978,000'' and inserting 
    ``$315,333,000''.
    The matter under this heading in Public Law 107-116 is amended by 
striking ``$4,000,000 is for the Columbia Hospital for Women Medical 
Center in Washington, D.C. to support community outreach programs for 
children'' and inserting ``$4,000,000 is for the All Children's 
Hospital, St. Petersburg, Florida to support development of a pediatric 
clinical research center program''.

               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 as an emergency 
requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended: Provided further, 
That the entire amount shall be available only to the extent an 
official budget request, that includes designation of the entire amount 
of the request as an emergency requirement as defined in the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended, is 
transmitted by the President to the Congress.

                     National Institutes of Health


                         BUILDINGS AND FACILITIES

                          (including rescission)

    Of the funds provided under this heading in Public Law 107-116, 
$30,000,000 are rescinded.
    Under this heading in Public Law 107-116, ``$26,000,000'' is 
deleted and ``$36,600,000'' is inserted.

                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 
the entire amount is designated by the Congress as an emergency 
requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended: Provided further, 
That the entire amount shall be available only to the extent an 
official budget request, that includes designation of the entire amount 
of the request as an emergency requirement as defined in the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended, is 
transmitted by the President to the Congress.

                        Office of the Secretary


             public health and social services emergency fund

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States for ``Public Health and Social 
Services Emergency Fund'' for baseline and follow-up screening and 
clinical examinations, long-term health monitoring and analysis for the 
emergency services personnel, rescue and recovery personnel, 
$90,000,000, to remain available until expended, of which no less than 
$25,000,000 shall be available for current and retired firefighters: 
Provided, That the entire amount is designated by the Congress as an 
emergency requirement pursuant to section 251(b)(2)(A) of the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended: Provided 
further, That the entire amount shall be available only to the extent 
an official budget request, that includes designation of the entire 
amount of the request as an emergency requirement as defined in the 
Balanced Budget and Emergency Deficit Control Act of 1985, as amended, 
is transmitted by the President to the Congress.

                        DEPARTMENT OF EDUCATION


                       School Improvement Programs

    The matter under this heading in Public Law 107-116 is amended by 
inserting before the period, ``: Provided further, That of the amount 
made available under subpart 8, part D, title V of the ESEA, $2,300,000 
shall be available for Digital Educational Programming Grants''.
    Of the funds provided under this heading in Public Law 107-116 to 
carry out the Elementary and Secondary Education Act of 1965, 
$832,889,000 shall be available to carry out part D of title V, and up 
to $11,500,000 may be used to carry out section 2345.
    In the statement of the managers of the committee of conference 
accompanying H.R. 3061 (Public Law 107-116; House Report 107-342), in 
the matter relating to the Fund for the Improvement of Education under 
the heading ``School Improvement Programs''--
        (1) the provision specifying $200,000 for Fresno At-Risk Youth 
    Services and the provision specifying $225,000 for the Fresno 
    Unified School District shall be applied by substituting the 
    following for the two provisions: ``Fresno Unified School District, 
    Fresno, California, in partnership with the City of Fresno, 
    California, for activities to address the problems of at-risk 
    youth, including afterschool activities and a mobile science unit, 
    $425,000'';
        (2) the provision specifying $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'';
        (3) 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'';
        (4) 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'';
        (5) 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'';
        (6) 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'';
        (7) 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'';
        (8) 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'';
        (9) 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'';
        (10) the provision specifying $150,000 for the American Theater 
    Arts for Youth, Inc., Philadelphia, PA, for a Mississippi Arts in 
    Education Program shall be deemed to read as follows: ``American 
    Theater Arts for Youth, Inc., for a Mississippi Arts in Education 
    program, $150,000'';
        (11) the provision specifying $340,000 for the Zero to Five 
    Foundation, Los Angeles, California, shall be deemed to read as 
    follows: ``Zero to Five Foundation, Los Angeles, California, to 
    develop an early childhood education and parenting project, 
    $340,000'';
        (12) the provision specifying $900,000 for the University of 
    Nebraska, Kearney, Nebraska, shall be deemed to read as follows: 
    ``University of Nebraska, Kearney, Nebraska, for a Minority Access 
    to Higher Education Program to address the special needs of 
    Hispanic and other minority populations from grades K-12, 
    $900,000'';
        (13) the provision specifying $25,000 for the American Theater 
    Arts for Youth for an Arts in Education program shall be deemed to 
    read as follows: ``American Theater Arts for Youth, Inc., in 
    Philadelphia, Pennsylvania, for an Arts in Education program, 
    $25,000'';
        (14) the provision specifying $50,000 for the Lewiston-Auburn 
    College/University of Southern Maine shall be deemed to read as 
    follows: ``Lewiston-Auburn College/University of Southern Maine 
    CLASS program to prepare teachers to meet the demands of Maine's 
    21st century elementary and middle schools, $50,000''; and
        (15) the provision specifying $500,000 for the Prairie Lakes 
    Education Cooperative in Madison, South Dakota to advance distance 
    learning for Native Americans in BIA and tribal schools shall be 
    deemed to read as follows: ``Sisseton-Wahpeton School Board in 
    Agency Village, South Dakota to advance distance learning for 
    Native American students, $500,000''.


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


              Education Research, Statistics, and Assessment

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

                    GENERAL PROVISIONS--THIS CHAPTER

    Sec. 801. The Elementary and Secondary Education Act of 1965 is 
hereby amended in section 8003 by amending subsection 
(b)(2)(D)(ii)(III) to read as follows: ``For a local educational agency 
that does not qualify under (B)(i)(II)(aa) of this subsection and has 
an enrollment of more than 100 but not more than 1,000 children 
described in subsection (a)(1), the Secretary shall calculate the total 
number of weighted student units for purposes of subsection (a)(2) by 
multiplying the number of such children by a factor of 1.25.''.
    Sec. 802. The Elementary and Secondary Education Act of 1965 is 
hereby amended in section 8003(b)(1) by adding the following as 
subparagraph (G):
            ``(G) Beginning with fiscal year 2002, for the purpose of 
        calculating a payment under this paragraph for a local 
        educational agency whose local contribution rate was computed 
        under subparagraph (C)(iii) for the previous year, the 
        Secretary shall use a local contribution rate that is not less 
        than 95 percent of the rate that the LEA received for the 
        preceding year.''.
    Sec. 803. Amounts made available in Public Law 107-116 for the 
administrative and related expenses for departmental management for the 
Department of Labor, the Department of Health and Human Services, and 
the Department of Education, shall be reduced by $45,000,000: Provided, 
That this provision shall not apply to the Food and Drug Administration 
and the Indian Health Service: Provided further, That not later than 15 
days after the enactment of this Act, the Director of the Office of 
Management and Budget shall report to the House and Senate Committees 
on Appropriations the accounts subject to the reductions and the amount 
to be reduced in each account.
    Sec. 804. (a) Section 487 of the Public Health Service Act (42 
U.S.C. 288) is amended by striking ``National Research Service Awards'' 
or ``National Research Service Award'' each place either appears and 
inserting in lieu thereof ``Ruth L. Kirschstein National Research 
Service Awards'' or ``Ruth L. Kirschstein National Research Service 
Award'' as appropriate.
    (b) The heading for section 487 of the Public Health Service Act 
(42 U.S.C. 288) is amended to read as follows: ``Ruth L. Kirschstein 
National Research Service Awards''.
    (c) Any reference in any law (other than this Act), regulation, 
document, record, map, or other paper of the United States to 
``National Research Service Awards'' shall be considered to be a 
reference to ``Ruth L. Kirschstein National Research Service Awards''.
    Sec. 805. None of the funds provided by this or any other Act may 
be used to enforce the amendments made by section 166 of the Community 
Renewal Tax Relief Act of 2000 in Alaska, including the imposition of 
any penalties.
    Sec. 806. In the statement of the managers of the committee of 
conference accompanying the fiscal year 2001 Labor, Health and Human 
Services, and Education appropriations bill (Public Law 106-554; House 
Report 106-1033), the provision specifying $464,000 for the Bethel 
Native Corporation worker demonstration project shall be deemed to read 
as follows: ``for the Alaska CHAR vocational training program, $100,000 
and $364,000 for the Yuut Elitnauvriat People's Learning Center in 
Bethel, Alaska for vocational training for Alaska Natives''.
    Sec. 807. Notwithstanding any other provision of law, from 
September 1 through September 30, 2002, the Secretary of Education may 
transfer to Program Administration an amount necessary to offset any 
reduction pursuant to section 803 of this Act but not to exceed 
$5,000,000 from funds made available in the Department of Education 
Appropriations Act, 2002, that the Secretary determines are not needed 
to fully fund all qualified grant applications and would otherwise 
lapse at the end of fiscal year 2002: Provided, That the Committees on 
Appropriations of both Houses of Congress are notified at least 15 days 
in advance of any such transfer.

                               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.

                              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 remain available 
until expended, to be disbursed by the Capitol Police Board or their 
delegee.

                          LIBRARY OF CONGRESS

                            Copyright Office


                          Salaries and Expenses

    For an additional amount for ``Copyright Office, Salaries and 
expenses'', $7,500,000, to remain available until expended.

                       Administrative Provisions

    Sec. 901. The amount otherwise made available under section 506 of 
the Supplemental Appropriations Act, 1973 (2 U.S.C. 58) for fiscal year 
2002 to any Senator from the Senators' Official Personnel and Office 
Expense Account shall be increased by the amount (not in excess of 
$20,000) which the Senator certifies in a written request to the 
Secretary of the Senate made not later than September 30, 2002, as 
being necessary for the payment or reimbursement of expenditures 
incurred or obligated during fiscal year 2002 that--
        (1) are otherwise payable from such account, and
        (2) are directly related to responses to the terrorist attacks 
    of September 11, 2001, or the discovery of anthrax in the Senate 
    complex and the displacement of Senate offices due to such 
    discovery.
    Sec. 902. (a) Chapter 9 of the Emergency Supplemental Act, 2002 
(Public Law 107-117; 115 Stat. 2315), is amended--
        (1) in section 901(a), by striking ``buildings and facilities'' 
    and insert ``buildings and facilities, subject to the availability 
    of appropriations,''.
    (b) Section 9 of the Act of July 31, 1946 (40 U.S.C. 212a), is 
amended by redesignating the subsection (b) added by section 903(c)(2) 
of the Emergency Supplemental Act, 2002, as subsection (c).
    (c) The amendment made by this section shall take effect as if 
included in the enactment of the Emergency Supplemental Act, 2002.
    Sec. 903. (a) 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) 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.
    Sec. 906. (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 and Grounds'' (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 and grounds 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. 907. (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 and upon 
approval of an obligation plan by the Committees on Appropriations of 
the House and Senate, 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.

                               CHAPTER 10

                         DEPARTMENT OF DEFENSE

                         MILITARY CONSTRUCTION

                    Military Construction, Air Force

    For an additional amount for ``Military Construction, Air Force'', 
$7,250,000, 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 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 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.

                    GENERAL PROVISION--THIS CHAPTER

    Sec. 1001. (a) Availability of Amounts for Military Construction 
Relating to Terrorism.--Amounts made available to the Department of 
Defense from funds appropriated in this Act may be used to carry out 
military construction projects, not otherwise authorized by law, that 
the Secretary of Defense determines are necessary to respond to or 
protect against acts or threatened acts of terrorism.
    (b) Notice to Congress.--Not later than 15 days before obligating 
amounts available under subsection (a) for military construction 
projects referred to in that subsection, the Secretary shall notify the 
appropriate committees of Congress of the following:
        (1) the determination to use such amounts for the project; and
        (2) the estimated cost of the project and the accompanying Form 
    1391.
    (c) Appropriate Committees of Congress Defined.--In this section 
the term ``appropriate committees of Congress'' has the meaning given 
that term in section 2801(4) of title 10, United States Code.

                               CHAPTER 11

                      DEPARTMENT OF TRANSPORTATION

                        Office of the Secretary


               Transportation Administrative Service Center

                       (limitation on obligations)

    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


                      (including transfer of funds)

    For additional amounts for emergency expenses to ensure 
transportation security, $3,850,200,000, to remain available until 
expended: Provided, That the entire amount is designated by the 
Congress as an emergency requirement pursuant to section 251(b)(2)(A) 
of the Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended: Provided further, That of the amounts provided under this 
head, $1,030,000,000 shall, immediately upon enactment of this Act, be 
transferred to Federal Emergency Management Agency ``Disaster Relief'' 
for emergency expenses to respond to the September 11, 2001 terrorist 
attack on the United States: 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 of such amount, 
$480,200,000 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: 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, $738,000,000;
        (2) Port security activities, $125,000,000, of which 
    $105,000,000 shall be distributed under the same terms and 
    conditions as provided for under Public Law 107-117 and of which 
    $20,000,000 shall be used for developing and conducting port 
    incident training and exercises;
        (3) Grants and contracts to enhance security for intercity bus 
    operations, $15,000,000;
        (4) Grants, contracts and interagency agreements for the 
    purpose of deploying Operation Safe Commerce, $28,000,000;
        (5) Procurement of air-ground communications systems and 
    devices for the Federal air marshal program, $15,000,000;
        (6) Grants and contracts for radiation detection system test 
    and evaluation, $4,000,000;
        (7) Grants to airport authorities for pilot projects to improve 
    airport terminal security, $17,000,000;
        (8) Grants and contracts for security research, development, 
    and pilot projects, $10,000,000; and
        (9) Replacement of magnetometers at airport passenger screening 
    locations in commercial service airports, $23,000,000:
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.

                       United States Coast Guard


                            Operating Expenses

    For an additional amount for ``Operating Expenses'' for emergency 
expenses for homeland security and other purposes, $200,000,000, 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, $11,000,000 shall be available only to the extent an official 
budget request that includes designation of the $11,000,000 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, $328,000,000, to remain available until September 30, 2004, 
of which $38,100,000 shall be available to acquire, repair, renovate or 
improve vessels, small boats and related equipment; $200,000,000 shall 
be available to acquire new aircraft and increase aviation capability; 
$27,729,000 shall be available for other equipment; and $62,171,000 
shall be for shore facilities and aids to navigation facilities: 
Provided, That the entire amount is designated by the Congress as an 
emergency requirement pursuant to section 251(b)(2)(A) of the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended: Provided 
further, That of such amount, $262,000,000 shall be available only to 
the extent an official budget request that includes designation of the 
$262,000,000 as an emergency requirement as defined in such Act is 
transmitted by the President to the Congress.

                    Federal Aviation Administration


                                Operations

                      (including transfer of funds)

    For an additional amount for ``Operations'', $42,000,000, for 
security activities at Federal Aviation Administration facilities: 
Provided, That the entire amount is designated by the Congress as an 
emergency requirement pursuant to section 251(b)(2)(A) of the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended: Provided 
further, That the entire amount shall be available only to the extent 
an official budget request that includes designation of the entire 
amount of the request as an emergency requirement as defined in the 
Balanced Budget and Emergency Deficit Control Act of 1985, as amended, 
is transmitted by the President to the Congress: Provided further, That 
an additional $33,000,000 may be derived by transfer from ``Facilities 
and Equipment (Airport and Airway Trust Fund)''.


                         Facilities and Equipment

                     (Airport and Airway Trust Fund)

    For an additional amount for ``Facilities and Equipment'', 
$7,500,000, to be derived from the Airport and Airway Trust Fund and to 
remain available until expended: Provided, That the entire amount is 
designated by the Congress as an emergency requirement pursuant to 
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended: Provided further, That the entire 
amount shall be available only to the extent an official budget request 
that includes designation of the entire amount of the request as an 
emergency requirement as defined in the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended, is transmitted by the 
President to the Congress.


                        Grants-In-Aid For Airports

                     (Airport and Airway Trust Fund)

    For an additional amount to enable the Federal Aviation 
Administrator to compensate airports for the direct costs associated 
with new, additional, or revised security requirements imposed on 
airport operators by the Administrator on or after September 11, 2001, 
notwithstanding any other provision of law, $150,000,000, to be derived 
from the Airport and Airway Trust Fund and to remain available until 
expended: Provided, That the entire amount is designated by the 
Congress as an emergency requirement pursuant to section 251(b)(2)(A) 
of the Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended: Provided further, That the entire amount shall be available 
only to the extent an official budget request that includes designation 
of the entire amount of the request as an emergency requirement as 
defined in the Balanced Budget and Emergency Deficit Control Act of 
1985, as amended, is transmitted by the President to the Congress.

                     Federal Highway Administration


                           FEDERAL-AID HIGHWAYS

                         Emergency Relief Program

                           (Highway Trust Fund)

    For an additional amount for ``Emergency Relief Program'', as 
authorized by 23 U.S.C. 125, for emergency expenses to respond to the 
September 11, 2001, terrorist attacks on New York City, $167,000,000 
for the State of New York, to be derived from the Highway Trust Fund 
and to remain available until expended: Provided, That notwithstanding 
23 U.S.C. 120(e), the Federal share for any project on a Federal-aid 
highway related to the New York City terrorist attacks shall be 100 
percent: Provided further, That notwithstanding 23 U.S.C. 125(d)(1), 
the Secretary of Transportation may obligate more than $100,000,000 for 
those projects: Provided further, That the entire amount is designated 
by the Congress as an emergency requirement pursuant to section 
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act 
of 1985, as amended.


                           federal-aid highways

                           (highway trust fund)

                               (rescission)

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


                           federal-aid highways

                         emergency relief program

                           (highway trust fund)

    For an additional amount for the ``Emergency Relief Program'', as 
authorized by section 125 of title 23, United States Code, $98,000,000, 
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 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 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 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 such 
Act is transmitted by the President to the Congress.

                    Federal Railroad Administration


          grants to the national railroad passenger corporation

    For an additional amount for the National Railroad Passenger 
Corporation for expenses to ensure the continuation of rail passenger 
operations, $205,000,000.

                     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 and 
projects and activities on pages 116 and 117 shall be awarded those 
grants upon receipt of an application.
    Sec. 1102. Section 335 of Public Law 107-87 is amended by inserting 
``and the Transportation Security Administration'' after ``the Federal 
Aviation Administration''; by inserting ``, aviation security'' after 
``air navigation'', and by inserting ``and the TSA for necessary 
security checkpoints'' after the word ``facilities''.
    Sec. 1103. Title II of Division C of Public Law 105-277 is amended 
by striking ``of more than 750 gross registered tons'' in each place it 
appears, and inserting in lieu thereof, ``of more than 750 gross 
registered tons (as measured under chapter 145 of title 46) or 1,900 
gross registered tons as measured under chapter 143 of that title)''.
    Sec. 1104. Section 354 of Public Law 106-346 (114 Stat. 1356A-35) 
is amended by inserting ``or Nail Road'' after ``Star Landing Road''.
    Sec. 1105. Notwithstanding any other provision of law, $2,750,000 
of amounts made available for ``Intelligent Transportation Systems'' in 
Public Law 107-87 and Public Law 106-346 shall be made available for 
activities authorized under section 5118 of Public Law 105-178.

                               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 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.

                      Financial Management Service


                          salaries and expenses

                               (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 are 
rescinded.

                     United States Customs Service


                          Salaries and Expenses

    For an additional amount for ``Salaries and Expenses'', 
$39,000,000, 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 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.

                        Internal Revenue Service


                           information systems

                               (rescission)

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


                      business systems modernization

    For an additional amount for ``Internal Revenue Service, Business 
Systems Modernization'', $14,000,000, 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.

                      United States Secret Service


                          salaries and expenses

    For an additional amount for ``Salaries and Expenses'' for expenses 
related to the September 11, 2001 terrorist attacks against the United 
States, $28,530,000, to remain available until September 30, 2003: 
Provided, That the entire amount is designated by the Congress as an 
emergency requirement pursuant to section 251(b)(2)(A) of the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended: Provided 
further, That the entire amount shall be available only to the extent 
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.

                             POSTAL SERVICE

                   Payment to the Postal Service Fund

    For an additional amount for ``Payment to the Postal Service Fund'' 
for emergency expenses to enable the Postal Service to protect postal 
employees and postal customers from exposure to biohazardous material 
and to sanitize and screen the mail, $87,000,000, to remain available 
until expended: Provided, That the entire amount is designated by the 
Congress as an emergency requirement pursuant to section 251(b)(2)(A) 
of the Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended.

    EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE 
                               PRESIDENT

                        Office of Administration


                          Salaries and Expenses

    For an additional amount for ``Salaries and Expenses'', $3,800,000, 
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.

                    Office of Management and Budget


                          salaries and expenses

                               (rescission)

    Of the funds made available under this heading in Public Law 107-
67, $100,000 are rescinded.


           election administration reform and related expenses

                      (including transfer of funds)

    For necessary expenses for the implementation of an Act authorizing 
funds for the improvement of election administration and related 
expenses, $400,000,000, to remain available until expended: Provided, 
That such amounts shall not be available for obligation until the 
enactment of such Act: Provided further, That upon enactment of such 
Act, the Director of the Office of Management and Budget shall transfer 
such amounts to the Federal entities authorized by such Act to expend 
funds for the designated purposes: Provided further, That, within 15 
days of such transfers, the Director of the Office of Management and 
Budget shall notify 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 Act: 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: Provided further, 
That the entire amount is designated by the Congress as an emergency 
requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended: Provided further, 
That the entire amount shall be available only to the extent that an 
official budget request, that includes designation of the entire amount 
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.

                          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, $21,800,000: Provided, 
That the entire amount is designated by the Congress as an emergency 
requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended.

                    GENERAL PROVISIONS--THIS CHAPTER

    Sec. 1201. 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. 1202. (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.
    Sec. 1203. Notwithstanding any other provision of law, hereafter, 
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 13

                     DEPARTMENT OF VETERANS AFFAIRS

                    Veterans Benefits Administration


                        COMPENSATION AND PENSIONS

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

                     Veterans Health Administration


                               medical care

    For an additional amount for ``Medical care'', $417,000,000, to 
remain available until September 30, 2003: 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: Provided 
further, That $275,000,000 is designated by the Congress as an 
emergency requirement pursuant to section 251(b)(2)(A) of the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended: Provided 
further, That $275,000,000 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.

              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, $388,500,000 is hereby 
rescinded: Provided, That this rescission shall apply first to such 
unobligated balances under this heading or the heading ``Annual 
contributions for assisted housing'': Provided further, That any 
unobligated balances governed by reallocation provisions under the 
statute authorizing the program for which the funds were originally 
appropriated may be available for this rescission subject to the first 
proviso.

                   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, $783,000,000, 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 title I of the Housing and Community 
Development Act of 1974, as amended, used for economic revitalization 
activities in New York City, the Secretary may waive, or specify 
alternative requirements for, any provision of any statute or 
regulation that the Secretary administers in connection with the 
obligation by the Secretary or the use by the recipient of these funds 
or guarantees (except for requirements related to fair housing, 
nondiscrimination, labor standards, and the environment), upon a 
finding that such waiver is required to facilitate the use of such 
funds or guarantees: Provided further, That such funds shall not 
adversely affect the amount of any formula assistance received by the 
State of New York, New York City, or any categorical application for 
other Federal assistance: Provided further, That the Secretary shall 
publish in the Federal Register any waiver of any statute or regulation 
that the Secretary administers pursuant to title I of the Housing and 
Community Development Act of 1974, as amended, no later than 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 block grants'' in title II of Public Law 105-
276 is deemed to be amended by striking ``$250,000 for renovation, 
accessibility, and asbestos remediation for the Wellstone Neighborhood 
Center, Wellstone, Missouri'' and insert in lieu thereof ``$250,000 for 
the St. Louis Economic Council for design, infrastructure and 
construction related to the Enterprise Center-Wellstone in Wellstone, 
Missouri''.
    The referenced statement of the managers under the heading 
``Community development fund'' in title II of Public Law 106-377 is 
deemed to be amended by striking ``$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 106-377 is 
deemed to be amended by striking ``$1,000,000 for the Community Action 
Agency of Southern New Mexico, Inc. for construction of a regional food 
bank and supporting offices'' and insert in lieu thereof ``$1,000,000 
for the Community Action Agency of Southern New Mexico for 
construction, purchase, or renovation and the equipping of a regional 
food bank and supporting offices''.
    The referenced statement of the managers under the heading 
``Community development fund'' in title II of Public Law 107-73 is 
deemed to be amended by striking ``$400,000 to the City of Reading, 
Pennsylvania for the development of the Morgantown Road Industrial Park 
on what is currently a brownfields site'' and insert in lieu thereof 
``$400,000 for the City of Reading, Pennsylvania for the development of 
the American Chain and Cable brownfield site''.
    The referenced statement of the managers under the heading 
``Community development fund'' in title II of Public Law 107-73 is 
deemed to be amended by striking ``$750,000 for the Smart Start Child 
Care Center and Expertise School of Las Vegas, Nevada for construction 
of a child care facility'' and insert in lieu thereof ``$250,000 for 
the Smart Start Child Care Center of Las Vegas, Nevada for construction 
of a child care facility and $500,000 for Expertise, Inc. of Las Vegas, 
Nevada for job training''.
    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''.
    The referenced statement of the managers under the heading 
``Community development block grants'' in title II of Public Law 106-74 
is deemed to be amended with respect to the amount made available for 
the City of Hollister, California by striking ``to the City of 
Hollister, California for the construction of a new fire station'' and 
inserting ``to the Monterey County, California Economic Development 
Agency for a mobile animal slaughter processing unit''.
    The unobligated amount appropriated in the third paragraph under 
the heading ``Community development block grants'' in chapter 8 of 
title II of the Emergency Supplemental Act, 2000 (Public Law 106-246; 
114 Stat. 565), as subsequently made available under the heading 
``Community development fund'' in chapter 13 of Division A of the 
Miscellaneous Appropriations Act, 2001 (H.R. 5666 (excluding section 
123), 106th Congress, as enacted into law by Public Law 106-554; 114 
Stat. 2763D-42), for a grant to the County of Richmond, North Carolina, 
shall remain available until September 30, 2003, for development and 
construction of the Richmond County Industrial Park.
    The referenced statement of the managers under this heading in 
title II of Public Law 106-377 is deemed to be amended by striking 
``$300,000 for Upper Darby Township, Pennsylvania to assist residents 
with homes that are sinking due to soil subsidence'' and insert in lieu 
thereof ``$300,000 for Upper Darby Township, Pennsylvania to assist 
residents with homes that are sinking due to soil subsidence and for 
the development of a recreation area, including parking, at Shadeland 
Avenue''.
    The referenced statement of the managers under this heading in 
Public Law 107-73 is deemed to be amended by striking ``$150,000 to 
Winchester County, Virginia for the historic restoration of the 
Winchester County Courthouse'' and inserting ``$150,000 to Frederick 
County, Virginia for the historic restoration of the Old Frederick 
County Courthouse in Winchester, Virginia''.
    The referenced statement of the managers under this heading in 
Public Law 107-73 is deemed to be amended with respect to the amount 
made available for Family Focus by striking ``Family Focus'' and 
inserting ``the Weissbourd-Holmes Family Focus Center'' and by striking 
``Evansville'' and inserting ``Evanston''.
    The referenced statement of the managers under this heading in 
Public Law 107-73 is deemed to be amended by striking ``$100,000 for 
Morristown Neighborhood House for the infrastructure improvements to 
the Manahan Village Resident Center Childcare facility in Morristown, 
New Jersey'' and inserting ``$100,000 to the Somerset Valley YMCA 
Childcare Center in Somerset County, New Jersey for capital 
improvements''.
    The referenced statement of the managers under this heading in 
Public Law 107-73 is deemed to be amended by striking ``$600,000 to the 
Reuben Lindh Family Services in Minneapolis, Minnesota for facilities 
rehabilitation'' and inserting in lieu thereof ``$350,000 to the 
Plymouth Christian Youth Center in Minneapolis, Minnesota for 
facilities rehabilitation and $250,000 to Migizi Communications in 
Minneapolis, Minnesota to repair and renovate its Family Education 
Center''.


                   HOME INVESTMENT PARTNERSHIPS PROGRAM

                               (RESCISSION)

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

                            Housing Programs


                        rental housing assistance

                               (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 remain available until September 30, 
2003, 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: Provided further, That the 
entire amount shall be available only to the extent an official budget 
request that includes designation of the entire amount of the request 
as an emergency requirement as defined in the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended, is transmitted by 
the President to the Congress.

            Agency for Toxic Substances and Disease Registry


             toxic substances and environmental public health

    For an additional amount for ``Toxic substances and environmental 
public health'', $11,300,000, to remain available until September 30, 
2003, 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: Provided further, That the entire 
amount shall be available only to the extent an official budget request 
that includes designation of the entire amount of the request as an 
emergency requirement as defined in the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended, is transmitted by the 
President to the Congress.

                    Environmental Protection Agency


                          SCIENCE AND TECHNOLOGY

    For an additional amount for ``Science and technology'', 
$50,000,000, to remain available until September 30, 2003: Provided, 
That the entire amount is designated by the Congress as an emergency 
requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended: Provided further, 
That the entire amount shall be available only to the extent an 
official budget request that includes designation of the entire amount 
of the request as an emergency requirement as defined in the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended, is 
transmitted by the President to the Congress.


                  ENVIRONMENTAL PROGRAMS AND MANAGEMENT

                           (TRANSFER OF FUNDS)

    Of the amount appropriated under this heading in title III of 
Public Law 107-73 to develop engineering plans for addressing the 
wastewater infrastructure needs in Rosman, North Carolina as identified 
in project number 67, $400,000 shall be transferred to the ``State and 
tribal assistance grants'' account to remain available until expended 
for grants for wastewater and sewer infrastructure improvements in the 
Town of Rosman, North Carolina.


                    State and Tribal Assistance Grants

    The referenced statement of the managers under this heading in 
Public Law 106-377 is deemed to be amended by striking everything after 
``$1,000,000'' in reference to item 91 and inserting ``to the Northern 
Kentucky Area Development District for Carroll County Wastewater 
Infrastructure Project ($500,000), City of Owenton Water Collection and 
Treatment System Improvements and Freshwater Intake Project ($400,000), 
Grant County Williamstown Lake Expansion Project ($50,000), and 
Pendleton County Williamstown Lake Expansion Project ($50,000)''.
    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''.
    The referenced statement of the managers under this heading in 
Public Law 107-73 is deemed to be amended by striking everything after 
``sewer'' in reference to item number 183 and inserting ``and drinking 
water upgrade project in Anaconda, Montana''.
    The referenced statement of the managers under this heading in 
Public Law 107-73 is deemed to be amended by striking ``the City of 
Florence, Montana'' in reference to item number 184 and inserting ``the 
Florence County Water and Sewer District''.

                  Federal Emergency Management Agency


                             Disaster Relief

    For an additional amount for ``Disaster relief'' for emergency 
expenses to respond to the September 11, 2001, terrorist attacks on the 
United States 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.), $2,650,700,000, to remain available until expended: Provided, 
That in administering the Mortgage and Rental Assistance Program for 
victims of September 11, 2001, the Federal Emergency Management Agency 
will recognize those people who were either directly employed in the 
Borough of Manhattan or had at least 75 percent of their wages coming 
from business conducted within the Borough of Manhattan as eligible for 
assistance under the program, as they were directly impacted by the 
terrorist attacks: Provided further, That FEMA shall provide 
compensation to previously denied Mortgage and Rental Assistance 
Program applicants who would qualify under these new guidelines: 
Provided further, That the entire amount is designated by the Congress 
as an emergency requirement pursuant to section 251(b)(2)(A) of the 
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.


                   disaster assistance for unmet needs

    For an additional amount for ``Disaster assistance for unmet 
needs'', $23,200,000, 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 is designated by the 
Congress as an emergency requirement pursuant to section 251(b)(2)(A) 
of the Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended: Provided further, That the entire amount shall be available 
only to the extent an official budget request, that includes 
designation of the entire amount of the request as an emergency 
requirement as defined in the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended, is transmitted by the President to the 
Congress.


               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, $447,200,000, to remain 
available until September 30, 2003, of which $150,000,000 is for 
programs as authorized by section 33 of the Federal Fire Prevention and 
Control Act of 1974, as amended (15 U.S.C. 2201 et seq.); $54,200,000 
for the existing national urban search and rescue system; and 
$50,000,000 for interoperable communications equipment: 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 $221,800,000 shall be available only to the extent an official 
budget request, that includes designation of the $221,800,000 as an 
emergency requirement as defined in the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended, is transmitted by the 
President to the Congress.


                         CERRO GRANDE FIRE CLAIMS

    For an additional amount for ``Cerro Grande fire claims'', 
$61,000,000 for claims resulting from the Cerro Grande fires, to remain 
available until September 30, 2003: Provided, That up to 5 percent of 
the amount made available under this heading may be used for 
administrative costs: Provided further, That the entire amount is 
designated by the Congress as an emergency requirement pursuant to 
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended: Provided further, That the entire 
amount shall be available only to the extent an official budget request 
that includes designation of the entire amount of the request as an 
emergency requirement as defined in the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended, is transmitted by the 
President to the Congress.

                      National Science Foundation


                      Education and Human Resources

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

                    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.
    Sec. 1303. The Secretary of Housing and Urban Development shall 
begin to enter into new agreements and contracts pursuant to the Asset 
Control Area Demonstration Program as provided in section 602 of Public 
Law 105-276 not later than September 15, 2002: Provided, That any 
agreement or contract entered into pursuant to such program shall be 
consistent with the requirements of such section 602: Provided further, 
That the Department shall develop proposed regulations for this program 
not later than September 15, 2002.
    Sec. 1304. The Secretary of Housing and Urban Development shall 
submit a report every 90 days to the House and Senate Committees on 
Appropriations on the status of any multifamily housing project 
(including all hospitals and nursing homes) insured under the National 
Housing Act that has been in default for longer than 60 days. The 
report shall include the location of the property, the reason for the 
default, and all actions taken by the Secretary and owner with regard 
to the default, including any work-out agreements, the status and terms 
of any assistance or loans, and any transfer of an ownership interest 
in the property (including any assistance or loans made to the prior, 
current or intended owner of the property or to the local unit of 
government in which the property is located). The initial report shall 
be submitted no later than September 16, 2002.
    Sec. 1305. For purposes of facilitating the sale of Stafford 
Apartments (FHA Project No: 052-44163) for use as student housing--
        (1) the Secretary of Housing and Urban Development shall renew 
    the section 8 contract that was associated with such property and 
    that expired during fiscal year 2001 at rent levels not to exceed 
    market rents as determined by the Secretary, subject to annual 
    operating cost adjustment factor increases, and subject to such 
    other conditions as the Secretary may determine appropriate, and 
    the renewal of such contract shall be deemed to have taken effect 
    as of October 1, 2001;
        (2) prior to sale of this property for student housing, any 
    funds remaining in the property's residual receipts and reserve for 
    replacement accounts shall be used in connection with the 
    relocation of tenants under this section, and any remaining amounts 
    shall be returned to the Secretary;
        (3) subject to the concurrence by the Secretary with the 
    relocation plan for current tenants, the payment in full of 
    mortgages on this property insured pursuant to sections 236(j) and 
    241(a) of the National Housing Act and the resultant termination of 
    the insurance contracts associated with those mortgages, the 
    payment in full of the loan on this property made pursuant to 
    section 201 of the Housing and Community Development Amendments of 
    1978, and, as of the date of sale, the termination of any 
    assistance under section 236(f)(2) of the National Housing Act and 
    section 8 of the United States Housing Act of 1937 and the return 
    to the Secretary of any such assistance that has not been expended, 
    such property may be sold for use as student housing, 
    notwithstanding any federal use restrictions required pursuant to 
    section 201 of the Housing and Community Development Amendments of 
    1978 (12 U.S.C. 1715z-1a) and section 250 of the National Housing 
    Act (12 U.S.C. 1715z-15);
        (4) upon the concurrence by the Secretary of such relocation 
    plan and the sale of such property for use as student housing, all 
    of the tenants of such property shall be relocated and shall 
    receive, subject to the availability of funds, tenant-based 
    assistance under section 8(o) of the United States Housing Act of 
    1937, notwithstanding any rights of such tenants to elect to remain 
    in such property pursuant to section 8(t) of such Act (42 U.S.C. 
    1437f(t)) or to receive enhanced voucher assistance under such 
    section; and
        (5) the provisions of this section shall only remain effective 
    for 24 months from the date of enactment of this section.

                               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 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.


                FEDERAL ADMINISTRATIVE AND TRAVEL EXPENSES

                              (RESCISSIONS)

    Sec. 1403. (a) Of the funds available to the agencies of the 
Federal Government from prior Appropriations Acts, $350,000,000 are 
hereby rescinded: Provided, That rescissions pursuant to this 
subsection shall be taken only from administrative and travel accounts: 
Provided further, That rescissions shall be taken on a pro rata basis 
from funds available to every Federal agency, department, and office in 
the executive branch, including the Office of the President.
    (b) Within 30 days after the date of the enactment of this Act, the 
Director of the Office of Management and Budget shall submit to the 
Committees on Appropriations of the House of Representatives and the 
Senate a listing of the amounts by account of the reductions made 
pursuant to the provisions of subsection (a) of this section: Provided, 
That the Office of Management and Budget shall also include with such 
listing an explanation of the methodology used to identify the offices, 
accounts, and amounts to be reduced.
    Sec. 1404. Any amount appropriated in this Act for which 
availability is made contingent by a provision of this Act on 
designation by the President as an emergency requirement pursuant to 
the Balanced Budget and Emergency Deficit Control Act of 1985 shall not 
be available for obligation unless all such contingent amounts are 
designated by the President, within 30 days of enactment of this Act, 
as such emergency requirements.

           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.

SEC. 2015. ASSISTANCE TO INTERNATIONAL EFFORTS.

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

                        TITLE III--OTHER MATTERS

SEC. 3001. 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. 3002. RURAL SERVICE IMPROVEMENT.

    (a) Short Title.--This title may be cited as the ``Rural Service 
Improvement Act of 2002''.
    (b) Findings.--Congress makes the following findings:
        (1) The State of Alaska is the largest State in the Union and 
    has a very limited system of roads connecting communities.
        (2) Alaska has more pilots per capita than any other State in 
    the Union.
        (3) Pilots flying in Alaska are often the most skilled and 
    best-prepared pilots in the world.
        (4) Air travel within the State of Alaska is often hampered by 
    severe weather conditions and treacherous terrain.
        (5) The United States Government owns nearly \2/3\ of Alaska's 
    landmass, including large tracts of land separating isolated 
    communities within the State.
        (6) Such Federal ownership has inhibited the ability of 
    Alaskans to build roads connecting isolated communities.
        (7) Most communities and a large portion of the population 
    within the State can only be reached by air.
        (8) The vast majority of food items and everyday necessities 
    destined for these isolated communities and populations can only be 
    transported through the air.
        (9) The Intra-Alaska Bypass Mail system, created by Congress 
    and operated by the United States Postal Service under section 5402 
    of title 39, United States Code, with input from the Department of 
    Transportation, connecting hundreds of rural and isolated 
    communities within the State, is a critical piece of the Alaska and 
    the national transportation system. The system is like a 4-legged 
    stool, designed to--
            (A) provide the most affordable means of delivering food 
        and everyday necessities to these rural and isolated 
        communities;
            (B) establish a system whereby the Postal Service can meet 
        its obligations to deliver mail to every house and business in 
        the United States;
            (C) support affordable and reliable passenger service; and
            (D) support affordable and reliable nonmail freight 
        service.
        (10) Without the Intra-Alaska Bypass Mail system--
            (A) it would be difficult and more expensive for the Postal 
        Service to meet its obligation of delivering mail to every 
        house and business in the United States; and
            (B) food, medicine, freight, and everyday necessities and 
        passenger service for these rural and isolated communities 
        would cost several times the current level.
        (11) Attempts by Congress to support passenger and nonmail 
    freight service in Alaska using the Intra-Alaska Bypass Mail system 
    have yielded some positive results, but some carriers have been 
    manipulating the system by carrying few, if any, passengers and 
    little nonmail freight while earning most of their revenues from 
    the carriage of nonpriority bypass mail.
        (12) As long as the Federal Government continues to own large 
    tracts of land within the State of Alaska which impede access to 
    isolated communities, it is in the best interest of the Postal 
    Service, the residents of Alaska and the United States--
            (A) to ensure that the Intra-Alaska Bypass Mail system 
        remains strong, viable, and affordable for the Postal Service;
            (B) to ensure that residents of rural and isolated 
        communities in Alaska continue to have affordable, reliable, 
        and safe passenger service;
            (C) to ensure that residents of rural and isolated 
        communities in Alaska continue to have affordable, reliable, 
        and safe nonmail freight service;
            (D) to encourage that intra-Alaska air carriers move toward 
        safer, more secure, and more reliable air transportation under 
        the Federal Aviation Administration's guidelines and in 
        accordance with part 121 of title 14, Code of Federal 
        Regulations, where such operations are supported by the needs 
        of the community; and
            (E) that Congress, pursuant to the authority granted under 
        Article I, section 8 of the United States Constitution to 
        establish Post Offices and post roads, make changes to ensure 
        that the Intra-Alaska Bypass Mail system continues to be used 
        to support substantial passenger and nonmail freight service 
        and to reduce costs for the Postal Service.
    (c) Selection of Carriers of Nonpriority Bypass Mail to Certain 
Points in Alaska.--
        (1) Definitions.--Section 5402 of title 39, United States Code, 
    is amended--
            (A) by striking subsection (e);
            (B) by redesignating subsections (a) through (d) as 
        subsections (b) through (e), respectively; and
            (C) by inserting before subsection (b), as redesignated, 
        the following:
    ``(a) In this section--
        ``(1) the term `acceptance point' means the point at which 
    nonpriority bypass mail originates;
        ``(2) the terms `air carrier', `interstate air transportation', 
    and `foreign air transportation' have the meanings given such terms 
    in section 40102(a) of title 49, United States Code;
        ``(3) the term `base fare' means the fare paid to the carrier 
    issuing the passenger ticket or carrying nonmail freight which may 
    entail service being provided by more than 1 carrier;
        ``(4) the term `bush carrier' means a carrier operating 
    aircraft certificated within the payload capacity requirements of 
    subsection (g)(1)(D)(i) on a city pair route;
        ``(5) the term `bush passenger carrier' means a passenger 
    carrier that meets the requirements of subsection (g)(1)(D)(i) and 
    provides passenger service on a city pair route;
        ``(6) the term `bush route' means an air route in which only a 
    bush carrier is tendered nonpriority bypass mail between the 
    origination point, being either an acceptance point or a hub, as 
    determined by the Postal Service, and the destination city;
        ``(7) the term `city pair' means service between an origin and 
    destination city pair;
        ``(8) the term `composite rate'--
            ``(A) means a combination of mainline and bush rates paid 
        to a bush carrier for a direct flight from an acceptance point 
        to a bush destination beyond a hub point; and
            ``(B) shall be based on the mainline rate paid to the hub, 
        plus the lowest bush rate paid to bush carriers in the State of 
        Alaska for the distance traveled from the hub point to the 
        destination point;
        ``(9) the term `equitable tender' means the practice of the 
    Postal Service of equitably distributing mail on a fair and 
    reasonable basis between those air carriers that offer equivalent 
    services and costs between 2 communities in accordance with the 
    regulations of the Postal Service;
        ``(10) the term `existing mainline carrier' means a mainline 
    carrier (as defined in this subsection) that on January 1, 2001, 
    was--
            ``(A) certified under part 121;
            ``(B) qualified to provide mainline nonpriority bypass mail 
        service; and
            ``(C) actually engaged in the carriage of mainline 
        nonpriority bypass mail through scheduled service in the State 
        of Alaska;
        ``(11) the term `mainline carrier' means a carrier operating 
    aircraft under part 121 and certificated within the payload 
    capacity requirements of subsection (g)(1)(D)(ii) on a given city 
    pair route;
        ``(12) the term `mainline route' means a city pair in which a 
    mainline carrier is tendered nonpriority bypass mail;
        ``(13) the term `new', when referencing a carrier, means a 
    carrier that--
            ``(A) meets the respective requirements of clause (i) or 
        (ii) of subsection (g)(1)(D), depending on the type of route 
        being served and the size of aircraft being used to provide 
        service; and
            ``(B) began providing nonpriority bypass mail service on a 
        city pair route in the State of Alaska after January 1, 2001;
        ``(14) the term `part 121' means part 121 of title 14, Code of 
    Federal Regulations;
        ``(15) the term `part 135' means part 135 of title 14, Code of 
    Federal Regulations;
        ``(16) the term `scheduled service' means--
            ``(A) flights are operated in common carriage available to 
        the general public under a published schedule;
            ``(B) flight schedules are announced in advance in systems 
        specified by the Postal Service, in addition to the Official 
        Airline Guide or the air cargo equivalent of that Guide;
            ``(C) flights depart whether full or not; and
            ``(D) customers contract for carriage separately on a 
        regular basis;
        ``(17) the term `Secretary' means the Secretary of 
    Transportation;
        ``(18) the term `121 bush passenger carrier' means a bush 
    passenger carrier providing passenger service on bush routes under 
    part 121;
        ``(19) the term `121 mainline passenger carrier' means a 
    mainline carrier providing passenger service through scheduled 
    service on routes under part 121;
        ``(20) the term `121 passenger aircraft' means an aircraft 
    flying passengers on a city pair route that is operated under part 
    121;
        ``(21) the term `121 passenger carrier' means a passenger 
    carrier that provides scheduled service under part 121;
        ``(22) the term `135 bush passenger carrier' means a bush 
    passenger carrier providing passenger service through scheduled 
    service on bush routes under part 135; and
        ``(23) the term `135 passenger carrier' means a passenger 
    carrier that provides scheduled service under part 135.''.
        (2) Requirements for selection.--Section 5402(g)(1) of title 
    39, United States Code, is amended--
            (A) in the matter preceding subparagraph (A), by inserting 
        after ``in the State of Alaska,'' the following: ``shall adhere 
        to an equitable tender policy within a qualified group of 
        carriers, in accordance with the regulations of the Postal 
        Service, and'';
            (B) in subparagraph (C) by striking ``to the best'' and all 
        that follows before the semicolon; and
            (C) in subparagraph (D) by inserting ``with at least 3 
        scheduled (noncontract) flights per week between two points'' 
        after ``scheduled service''.
        (3) Application of rates.--Section 5402(g)(2) of title 39, 
    United States Code, is amended--
            (A) by striking ``and'' at the end of subparagraph (A);
            (B) by striking the period at the end of subparagraph (B) 
        and inserting a semicolon; and
            (C) by adding at the end the following:
        ``(C) shall offer a bush passenger carrier providing service on 
    a route in the State of Alaska between an acceptance point and a 
    hub not served by a mainline carrier the opportunity to receive 
    equitable tender of nonpriority bypass mail at mainline service 
    rates when a mainline carrier begins serving that route if the bush 
    passenger carrier--
            ``(i) meets the requirements of paragraph (1);
            ``(ii) provided at least 20 percent of the passenger 
        service (as calculated in subsection (h)(5)) between such city 
        pair for the 6 months immediately preceding the date on which 
        the bush carrier seeks such tender; and
            ``(iii) continues to provide not less than 20 percent of 
        the passenger service on the city pair while seeking such 
        tender;
        ``(D) shall offer bush passenger carriers and nonmail freight 
    carriers the opportunity to receive equitable tender of nonpriority 
    bypass mail at mainline service rates from a hub point to a 
    destination city in the State of Alaska if the city pair is also 
    being served by a mainline carrier and--
            ``(i) for a passenger carrier--
                ``(I) the carrier meets the requirements of paragraph 
            (1);
                ``(II) the carrier provided at least 20 percent of the 
            passenger service (as calculated in subsection (h)(5)) on 
            the city pair route for the 6 months immediately preceding 
            the date on which the carrier seeks such tender; and
                ``(III) the carrier continues to provide not less than 
            20 percent of the passenger service on the route; or
            ``(ii) for a nonmail freight carrier--
                ``(I) the carrier meets the requirements of paragraph 
            (1); and
                ``(II) the carrier provided at least 25 percent of the 
            nonmail freight service (as calculated in subsection 
            (i)(6)) on the city pair route for the 6 months immediately 
            preceding the date on which the carrier seeks such tender;
        ``(E)(i) shall not offer equitable tender of nonpriority 
    mainline bypass mail at mainline rates to a bush carrier operating 
    from an acceptance point to a hub point in the State of Alaska, 
    except as described in subparagraph (C); and
        ``(ii) may tender nonpriority bypass mail at bush rates to a 
    bush carrier from an acceptance point to a hub point in the State 
    of Alaska if the Postal Service determines that--
            ``(I) the bush carrier meets the requirements of paragraph 
        (1);
            ``(II) the service to be provided on such route by the bush 
        carrier is not otherwise available through direct mainline 
        service; and
            ``(III) tender of mail to such bush carrier will not 
        decrease the efficiency of nonpriority bypass mail service (in 
        terms of payments to all carriers providing service on the city 
        pair route and timely delivery) for the route;
        ``(F) may offer tender of nonpriority bypass mail to a 
    passenger carrier from an acceptance point to a destination city 
    beyond a hub point in the State of Alaska at a composite rate if 
    the Postal Service determines that--
            ``(i) the carrier provides passenger service in accordance 
        with the requirements of subsection (h)(2);
            ``(ii) the carrier qualifies under subsection (h) to be 
        tendered nonpriority bypass mail out of the hub point being 
        bypassed;
            ``(iii) the tender of such mail will not decrease 
        efficiency of delivery of nonpriority bypass mail service into 
        or out of the hub point being bypassed; and
            ``(iv) such tender will result in reduced payments to the 
        carrier by the Postal Service over flying the entire route; and
        ``(G) notwithstanding subparagraph (F), shall offer equitable 
    tender of nonpriority bypass mail in proportion to passenger and 
    nonmail freight mail pools described in this section between 
    qualified passenger and nonmail freight carriers on a route from an 
    acceptance point to a bush destination in the State of Alaska at a 
    composite rate if--
            ``(i)(I) for a passenger carrier, the carrier receiving the 
        composite rate provided 20 percent of the passenger service on 
        the city pair route for the 12 months immediately preceding the 
        date on which the carrier seeks tender of such mail; or
            ``(II) for a nonmail freight carrier, the carrier receiving 
        the composite rate provided at least 25 percent of the nonmail 
        freight service for the 12 months immediately preceding the 
        date on which the carrier seeks tender of such mail; and
            ``(ii)(I) nonpriority bypass mail was being tendered to a 
        passenger carrier or a nonmail freight carrier at a composite 
        rate on such city pair route on January 1, 2000; or
            ``(II) the hub being bypassed was not served by a mainline 
        carrier on January 1, 2000.
The tender of nonpriority bypass mail under subparagraph (G) shall be 
on an equitable basis between the qualified carriers that provide the 
direct service on the city pair route and the qualified carriers that 
provide service between the hub point being bypassed and the 
destination point, based on the volume of nonpriority bypass mail on 
both routes.''.
        (4) Selection of carriers to hub points.--Section 5402(g) of 
    title 39, United States Code, is amended by adding at the end the 
    following:
    ``(4)(A) Except as provided under subparagraph (B) and paragraph 
(5), the Postal Service shall select only existing mainline carriers to 
provide nonpriority bypass mail service between an acceptance point and 
a hub point in the State of Alaska.
    ``(B) The Postal Service may select a carrier other than an 
existing mainline carrier to provide nonpriority bypass mail service on 
a mainline route in the State of Alaska if--
        ``(i) the Postal Service determines (in accordance with 
    criteria established in advance by the Postal Service) that the 
    mail service between the acceptance point and the hub point is 
    deficient and provides written notice of the determination to 
    existing mainline carriers to the hub point; and
        ``(ii) after the 30-day period following issuance of notice 
    under clause (i), including notice of inadequate capacity, the 
    Postal Service determines that deficiencies in service to the hub 
    point have not been eliminated.
    ``(5)(A) The Postal Service shall offer equitable tender of 
nonpriority bypass mail to a new 121 mainline passenger carrier 
entering a mainline route in the State of Alaska, if the carrier--
        ``(i) meets the requirements of subsection (g)(1)(D)(ii); and
        ``(ii) has provided at least 75 percent of the number of 
    insured passenger seats as the number of available passenger seats 
    being provided by the mainline passenger carrier providing the 
    greatest number of available passenger seats on that route for the 
    6 months immediately preceding the date on which the carrier seeks 
    tender of such mail.
    ``(B) A new 121 mainline passenger carrier that is tendered 
nonpriority mainline bypass mail under subparagraph (A)--
        ``(i) shall be eligible for equitable tender of such mail only 
    on city pair routes where the carrier meets the conditions of 
    subparagraph (A);
        ``(ii) may not count the passenger service provided under 
    subparagraph (A) toward the carrier meeting the minimum 
    requirements of this section; and
        ``(iii) shall provide at least 20 percent of the passenger 
    service (as determined for bush passenger carriers in subsection 
    (h)(5)) on such route to remain eligible to be tendered nonpriority 
    mainline bypass mail.
    ``(C) Notwithstanding subparagraph (A) and paragraph (1)(B), a new 
121 mainline passenger carrier, otherwise qualified under this 
subsection, may immediately receive equitable tender of nonpriority 
mainline bypass mail to a hub point in the State of Alaska if the 
carrier meets the requirements of subparagraphs (A), (C), and (D) of 
paragraph (1) and subsection (h)(2)(B) and--
        ``(i) all qualified 121 mainline passenger carriers discontinue 
    service on the city pair route; or
        ``(ii) no 121 mainline passenger carrier serves the city pair 
    route.
    ``(D) A carrier operating under a code share agreement on the date 
of enactment of the Rural Service Improvement Act of 2002 that received 
tender of nonpriority mainline bypass mail on a city pair route in the 
State of Alaska may count the passenger service provided under the 
entire code share arrangement on such route if the code share agreement 
terminates. That carrier shall continue to provide at least 20 percent 
of the passenger service (as determined for bush passenger carriers in 
subsection (h)(5)) between the city pair as a 121 mainline passenger 
carrier while seeking such tender.
    ``(6)(A) Notwithstanding paragraph (1)(B), passenger carriers 
providing essential air service under a Department of Transportation 
order issued under subchapter II of chapter 417 of title 49, United 
States Code, shall be tendered all nonpriority mail, in addition to all 
nonpriority bypass mail, by the Postal Service to destination cities in 
the State of Alaska served by the essential air service flights 
consistent with that order unless the Postal Service finds that an 
essential air service carrier's service does not meet the needs of the 
Postal Service.
    ``(B) Service provided under this paragraph, including service 
provided to points served in conjunction with service being subsidized 
under the Essential Air Service contract, may not be applied toward any 
of the minimum eligibility requirements of this section.''.
        (5) Selection of carriers to bush points.--Section 5402 of 
    title 39, United States Code, is amended by adding at the end the 
    following:
    ``(h)(1) Except as provided under paragraph (7), on a city pair 
route in the State of Alaska, the Postal Service shall offer equitable 
tender of 70 percent of the nonpriority bypass mail on the route to all 
carriers providing scheduled passenger service in accordance with part 
121 or part 135 that--
        ``(A) meet the requirements of subsection (g)(1);
        ``(B) provided 20 percent or more of the passenger service (as 
    calculated in paragraph (5)) between the city pair for the 12 
    months preceding the date on which the 121 passenger aircraft or 
    the 135 passenger carrier seek tender of nonpriority bypass mail; 
    and
        ``(C) meet the requirements of paragraph (2).
    ``(2) To remain eligible for equitable tender under this 
subsection, the carrier or aircraft shall--
        ``(A) continue to provide not less than 20 percent of the 
    passenger service on the city pair route for which the carrier is 
    seeking the tender of such nonpriority bypass mail;
        ``(B)(i) for operations under part 121, operate aircraft type 
    certificated to carry at least 19 passengers;
        ``(ii) for operations under part 135, operate aircraft type 
    certificated to carry at least 5 passengers; or
        ``(iii) for operations under part 135 where only a water 
    landing is available, operate aircraft type certificated to carry 
    at least 3 passengers;
        ``(C) insure all available passenger seats on the city pair 
    route on which the carrier seeks tender of such mail; and
        ``(D) operate flights under its published schedule.
    ``(3)(A) Except as provided under subparagraph (E), if a 135 
passenger carrier serves a city pair route in the State of Alaska and 
meets the requirements of paragraph (1) or (2) when a 121 passenger 
carrier becomes qualified to be tendered nonpriority bypass mail on 
such route with a 121 passenger aircraft in accordance with paragraphs 
(1) and (2), the qualifying 135 passenger carriers on that route shall 
convert to operations with a 121 passenger aircraft within 5 years 
after the 121 passenger aircraft begins receiving tender on that route 
in order to remain eligible for equitable tender under paragraph (1). 
The 135 carrier shall--
        ``(i) begin the process of conversion not later than 2 years 
    after the 121 passenger aircraft begins carrying nonpriority bypass 
    mail on that route; and
        ``(ii) submit a part 121 compliance statement not later than 4 
    years after the 121 passenger aircraft begins carrying nonpriority 
    bypass mail on that route.
    ``(B) Completion of conversion under subparagraph (A) shall not be 
required if all 121 passenger carriers discontinue the carriage of 
nonpriority bypass mail with 121 passenger aircraft on the city pair 
route.
    ``(C) Any qualified carrier operating in the State of Alaska under 
this section may request a waiver from subparagraph (A). Such a 
request, at the discretion of the Secretary, may be granted for good 
cause shown. The requesting party shall state the basis for such a 
waiver.
    ``(D) If after 6 years and 3 months following the date of enactment 
of the Rural Service Improvement Act of 2002, a 135 passenger carrier 
is providing service on a city pair route in the State of Alaska and a 
121 passenger aircraft becomes eligible to receive tender of 
nonpriority bypass mail on the route, that 135 passenger carrier shall 
convert to operations under part 121 within 12 months of the 121 
passenger carrier being tendered nonpriority bypass mail. The Postal 
Service shall not continue the tender of nonpriority bypass mail to a 
135 passenger carrier that fails to convert to part 121 operations 
within 12 months after the 121 passenger carrier being tendered such 
mail under this paragraph.
    ``(E) Notwithstanding the requirements of this subsection, if only 
1 passenger carrier or aircraft is qualified to be tendered nonpriority 
bypass mail as a passenger carrier or aircraft on a city pair route in 
the State of Alaska, the Postal Service shall tender 20 percent of the 
nonpriority bypass mail described under paragraph (1) to the passenger 
carrier or aircraft providing the next highest level of passenger 
service on such route.
    ``(4) Qualification for the tender of mail under this subsection 
shall not be counted toward the minimum qualifications necessary to be 
tendered nonpriority bypass mail on any other route.
    ``(5)(A)(i) In this section, the percent of passenger service shall 
be a percentage calculated using data collected under subsection (k).
    ``(ii) To ensure accurate reporting of market share the Postal 
Service shall compare the resulting percentage under clause (i) to the 
lesser of--
        ``(I) the amount of the passenger excise tax paid by or on 
    behalf of a carrier, as determined by reviewing the collected 
    amount of base fares for passengers actually flown by a carrier 
    from the origination point to the destination point, divided by the 
    value of the total passenger excise taxes, as determined by 
    reviewing the collected amount of base fares paid by or on behalf 
    of all passenger carriers providing service from the hub point to 
    the bush destination point; or
        ``(II) the amount of half of the passenger excise tax paid by 
    or on behalf of a carrier, as determined by reviewing the collected 
    amount of base fares for passengers actually flown by a carrier on 
    the city pair route, divided by the value of the total passenger 
    excise taxes, as determined by reviewing the collected amount of 
    base fares paid by or on behalf of all passenger carriers providing 
    service between the origination point and the destination point.
    ``(B) For the purposes of calculating passenger service as 
described under subparagraph (A), a bush passenger carrier providing 
intervillage bush passenger service may include the carriage of 
passengers carried along any point of the route between the route's 
origination point and the final destination point. Such calculation 
shall be based only on the carriage of passengers on regularly 
scheduled flights and only on flights being flown in a direction away 
from the hub point. Passenger service provided on chartered flights 
shall not be included in the carrier's calculation of passenger 
service.
    ``(6)(A) The Secretary shall establish new bush rates for passenger 
carriers operating in the State of Alaska receiving tender of 
nonpriority bypass mail under this subsection.
    ``(B) The Secretary shall establish a bush rate based on data 
collected under subsection (k) from 121 bush passenger carriers. Such 
rates shall be paid to all bush passenger carriers operating on city 
pair routes in the State of Alaska where a 121 bush passenger carrier 
is tendered nonpriority bypass mail.
    ``(C) The Secretary shall establish a bush rate based on data 
collected under subsection (k) from 135 bush passenger carriers. Such 
rates shall be paid to all bush passenger carriers operating on bush 
city pair routes in the State of Alaska where no 121 bush passenger 
carrier is tendered nonpriority bypass mail.
    ``(D) The Secretary shall establish a bush rate based on data 
collected under subsection (k) from bush passenger carriers operating 
aircraft on city pair routes where only water landings are available. 
Such rates shall be paid to all bush passenger carriers operating on 
the city pair routes in the State of Alaska where only water landings 
are available.
    ``(7) The percentage rate in paragraph (1) shall be 75 percent 
beginning 3 years and 3 months after the date of enactment of the Rural 
Service Improvement Act of 2002.
    ``(i)(1) Except as provided under paragraph (7), on a city pair 
route in the State of Alaska, the Postal Service shall offer equitable 
tender of 20 percent of the nonpriority bypass mail on such route to 
those carriers transporting 25 percent or more of the total nonmail 
freight (in revenue or weight as determined by the Postal Service), for 
the 12 months immediately preceding the date on which the freight 
carrier seeks tender of such mail.
    ``(2) To remain eligible for equitable tender under this 
subsection, a freight carrier shall continue to provide not less than 
25 percent of the nonmail freight service on the city pair route for 
which the carrier is seeking tender of such mail.
    ``(3) If a new freight carrier enters a market, the freight carrier 
shall meet the minimum requirements of subsection (g)(1) and shall 
operate for 12 months on a city pair route in the State of Alaska 
before being eligible for equitable tender of nonpriority bypass mail 
on that route.
    ``(4) If no carrier qualifies for tender of nonpriority bypass mail 
on a city pair route in the State of Alaska under this subsection, such 
mail to be divided under this subsection, as described in paragraph 
(1), shall be tendered to the nonmail freight carrier providing the 
highest percentage of nonmail freight service (in terms of revenue or 
weight as determined by the Postal Service as calculated under 
paragraph (6)) on the city pair route. If no nonmail freight carrier is 
present on a city pair route in the State of Alaska to receive tender 
of nonpriority bypass mail under this paragraph, the nonpriority bypass 
mail to be divided under paragraph (1) shall be divided equitably among 
carriers qualified under subsection (h).
    ``(5) Qualification for the tender of mail under this subsection 
shall not be counted toward the minimum qualifications necessary to be 
tendered nonpriority bypass mail on any other route.
    ``(6)(A) In this subsection, the percent of nonmail freight shall 
be calculated as a percentage, using the data provided pursuant to 
subsection (k), by dividing the revenue or weight (as determined by the 
Postal Service) of nonmail freight earned by or carried by a carrier 
from the transport of nonmail freight from an origination point to a 
destination point by the total amount of revenue or weight of nonmail 
freight earned by or carried by all carriers from the transport of 
nonmail freight from the origination point to the destination point.
    ``(B) To ensure accurate reporting of market share the Postal 
Service shall compare the resulting percentage under subparagraph (A) 
to the lesser of--
        ``(i) the amount of the freight excise tax paid by or on behalf 
    of a carrier, as determined by reviewing the collected amount of 
    base fares for nonmail freight actually flown by a carrier from the 
    origination point to the destination point, divided by the value of 
    the total nonmail freight excise taxes, as determined by reviewing 
    the collected amount of base fares paid by or on behalf of all 
    nonmail freight carriers providing service from the origination 
    point to the destination point; or
        ``(ii) the amount of half of the nonmail freight excise tax 
    paid by or on behalf of a carrier, as determined by reviewing the 
    collected amount of base fares for nonmail freight actually flown 
    by a carrier on the city pair route, divided by the value of the 
    total nonmail freight excise taxes, as determined by reviewing the 
    collected amount of base fares paid by or on behalf of all nonmail 
    freight carriers providing service on the city pair route.
    ``(7) The percentage rate in paragraph (1) shall be 25 percent 
beginning 3 years and 3 months after the date of enactment of the Rural 
Service Improvement Act of 2002.
    ``(j)(1) Except as provided by paragraph (3), there shall be 
equitable tender of 10 percent of the nonpriority bypass mail to all 
carriers on each city pair route in the State of Alaska meeting the 
requirements of subsection (g)(1) that do not otherwise qualify for 
tender under subsection (h) or (i).
    ``(2) If no carrier qualifies under this subsection with respect to 
a city pair route, the 10 percent of nonpriority bypass mail allocated 
under paragraph (1) shall be divided evenly between the pools described 
under subsections (h) and (i) to be equitably tendered among qualified 
carriers under such subsections, such that--
        ``(A) the amount of nonpriority bypass mail available for 
    tender among qualified carriers under subsection (h) shall be 75 
    percent; and
        ``(B) the amount of nonpriority bypass mail available for 
    tender among qualified carriers under subsection (i) shall be 25 
    percent.
    ``(3)(A) Except as provided by subparagraph (B), the percentage 
rate under paragraph (1) shall be 0 percent beginning 3 years and 3 
months after the date of enactment of the Rural Service Improvement Act 
of 2002.
    ``(B) The percentage rate under paragraph (1) shall remain 10 
percent for equitable tender for 6 years and 3 months after the date of 
enactment of the Rural Service Improvement Act of 2002 for a 
nonpriority bypass mail carrier on bush routes in the State of Alaska 
originating from the main hub of the carrier designated under 
subparagraph (C), if the carrier seeking the tender of such mail--
        ``(i) meets the requirements of subsection (g)(1);
        ``(ii) is not qualified under subsection (h) or (i);
        ``(iii) operates routes originating from the main hub of the 
    carrier designated under subparagraph (C); and
        ``(iv) has invested at least $500,000 in a physical hanger 
    facility prior to January 1, 2002 in such a hub city.
    ``(C) For purposes of subparagraph (B), a carrier may designate 
only one hub city as its main hub and once such designation is 
transmitted to the Postal Service it may not be changed. Such selection 
and transmission must be transmitted to the Postal Service within 6 
months of the date of enactment of the Rural Service Improvement Act of 
2002. A carrier attempting to receive tender of nonpriority bypass mail 
under this subsection shall not be eligible for such tender after the 
carrier becomes qualified for tender of nonpriority bypass mail under 
subsection (h) or (i) on any route. The purchase of another carrier's 
hanger facility after such date of enactment shall not be considered 
sufficient to meet the requirement of subparagraph (B)(iv).
    ``(k)(1) At least once every 2 years, in conjunction with annual 
updates, the Secretary shall review the need for a bush mail rate 
investigation. The Secretary shall use show cause procedures to 
speedily and more accurately determine the cost of providing bush mail 
service. In determining such rates, the Secretary shall not take into 
account the cost of passenger insurance rates or premiums paid by the 
passenger carriers or other costs associated with passenger service.
    ``(2) In order to ensure sufficient, reliable, and timely traffic 
data to meet the requirements of this subsection, the Secretary shall 
require--
        ``(A) the monthly submission of the bush carrier's data on T-
    100 diskettes, or any other suitable form of data collection, as 
    determined by the Secretary; and
        ``(B) the carriers to retain all books, records, and other 
    source and summary documentation to support their reports and to 
    preserve and maintain such documentation in a manner that readily 
    permits the audit and examination by representatives of the Postal 
    Service or the Secretary.
    ``(3) Documentation under paragraph (2) shall be retained for 7 
years or until the Secretary indicates that the records may be 
destroyed. Copies of flight logs for aircraft sold or disposed of shall 
be retained.
    ``(4) Carriers qualified to be tendered nonpriority bypass mail 
shall submit to the Secretary the number and type of aircraft in the 
carrier's fleet, the level of passenger insurance covering its fleet, 
and the name of the insurance company providing such coverage.
    ``(5) Not later than 30 days after the last day of each calendar 
month, carriers qualified or attempting to be qualified to be tendered 
nonpriority bypass mail shall report to the Secretary the excise taxes 
paid by city pair to the Department of the Treasury and the weight of 
and revenue earned by the carriage of nonmail freight. Final compiled 
data shall be made available to carriers providing service in the hub.
    ``(l) No qualified carrier may be tendered nonpriority bypass mail 
under subsections (h) and (i) simultaneously on a route unless no other 
carrier is tendered mail under either subsection.
    ``(m)(1) Carriers qualifying for tender of nonpriority bypass mail 
under subsections (h) and (i) simultaneously shall be tendered such 
mail under subsection (h).
    ``(2) A carrier shall be tendered nonpriority bypass mail under 
subsection (i) if that carrier--
        ``(A) was qualified under both subsections (h) and (i) 
    simultaneously; and
        ``(B) becomes unqualified under subsection (h) but remains 
    qualified under subsection (i).
    ``(n)(1) A carrier operation resulting from a merger or acquisition 
between any 2 carriers operating between points in the State of Alaska 
shall have the passenger and nonmail freight of all such merged or 
acquired carriers on the applicable route counted toward meeting the 
resulting carrier's minimum requirements to receive equitable tender of 
nonpriority bypass mail on such route for the 12-month period following 
the date of the merger or acquisition.
    ``(2) After the 12-month period described under paragraph (1), the 
carrier resulting from the merger or acquisition shall demonstrate that 
the carrier meets the minimum passenger or nonmail freight carriage 
requirements of this section to continue receiving tender of such mail.
    ``(o) In addition to any penalties applied to a carrier by the 
Federal Aviation Administration or the Secretary, any carrier that 
significantly misstates passenger or nonmail freight data required to 
be reported under this section on any route, in an attempt to qualify 
for tender of nonpriority bypass mail, shall receive--
        ``(1) a 1-month suspension of tender of nonpriority bypass mail 
    on the route where the data was misstated for the first offense;
        ``(2) a 6-month suspension of tender of nonpriority bypass mail 
    on the route where the data was misstated for the second offense;
        ``(3) a 1-year suspension of tender of all nonpriority bypass 
    mail in the entire State of Alaska for the third offense in the 
    State; and
        ``(4) a permanent suspension of tender of all nonpriority 
    bypass mail in the entire State of Alaska for the fourth offense in 
    the State.
    ``(p)(1) The Postal Service or the Secretary, in carrying out 
subsection (g)(2), (h), or (i), may deny equitable tender to an 
otherwise qualified carrier that does not operate under this section in 
good faith or under the intent of this section.
    ``(2) The Postal Service or the Secretary may waive any provision 
of subsection (h) or (i), if the carrier provides substantial passenger 
or nonmail freight service on the route in the State of Alaska where 
the carrier seeks tender of nonpriority mail and nonpriority bypass 
mail.
    ``(3) To ensure adequate competition among passenger carriers on a 
mainline route in the State of Alaska the Postal Service or the 
Secretary may waive the requirements of subsection (g)(1)(D), 
(g)(2)(E), (g)(4), or (g)(5), or any provision of subsection (h) if a 
121 bush passenger carrier seeks tender of nonpriority bypass mail on a 
mainline route in the State of Alaska not served by a 121 mainline 
passenger carrier and the 121 bush passenger carrier provides 
substantial passenger service on the route. Waivers provided for under 
this paragraph shall be granted only in extreme cases of lack of 
competition and only to extent that are absolutely necessary to meet 
the minimum needs of the community. Waivers granted under this 
subsection shall cease to be valid once a qualified mainline passenger 
carrier begins providing service and seeks tender of nonpriority bypass 
mail in accordance with this section on the city pair route. The 
receipt of waivers and subsequent operation of service on a city pair 
route under this subsection shall not be counted towards meeting the 
requirements of any part of this section for any other city pair route.
    ``(4) In granting waivers for or denying tender to carriers under 
this subsection, the Postal Service or the Secretary shall consider in 
the following order of importance--
        ``(A) the passenger needs of the destination to be served 
    (including amount and level);
        ``(B) the nonmail freight needs of the destination to be 
    served;
        ``(C) the amount of nonpriority bypass mail service already 
    available to the destination;
        ``(D) the mail needs of the destination to be served;
        ``(E) the savings to the Postal Service in terms of payments 
    made to carriers;
        ``(F) the amount or level of passenger service already 
    available to the destination; and
        ``(G) the amount of nonmail freight service already available 
    to the destination.
    ``(q) The Secretary shall make a regular review of carriers 
receiving, or attempting to qualify to receive, equitable tender of 
nonpriority bypass mail on a city pair route in the State of Alaska. If 
the Secretary suspends or revokes an operating certificate, the 
Secretary shall notify the Postal Service. Upon such notification, the 
Postal Service shall cease tender of mail to such carrier until the 
Secretary certifies the carrier is operating in a safe manner. Upon 
such receipt, the carrier shall demonstrate that it otherwise meets the 
minimum carriage requirements of this section before being tendered 
mail under this section.
    ``(r) The Postal Service shall have the authority to tender 
nonpriority bypass mail to any carrier that meets the requirements of 
subsection (g)(1) on any city pair route in the State of Alaska on an 
emergency basis. Such emergency tender shall cease when a carrier 
qualifies for tender on such route under the terms of this section.
    ``(s) Notwithstanding any other provision of law, and except for 
written contracts authorized under subsections (b), (c) and (d), tender 
by the Postal Service of any category of mail to a carrier for 
transportation between any two points in the State of Alaska shall not 
give rise to any contract between the Postal Service and a carrier, nor 
shall any such carrier acquire any right in continued or future tender 
of such mail by virtue of past or present receipt of such mail. This 
subsection shall apply to any case commenced before, on, or after the 
date of enactment of this subsection.''.
    (d) Actions of Air Carriers To Qualify.--Beginning 6 months after 
the date of enactment of this Act, if the Secretary determines, based 
on the Secretary's findings and recommendations of the Postal Service, 
that an air carrier being tendered nonpriority bush bypass mail is not 
taking actions to attempt to qualify as a bush passenger or nonmail 
freight carrier under section 5402 of title 39, United States Code (as 
amended by this title), the Postal Service shall immediately cease 
tender of all nonpriority bypass mail to such carrier.
    (e) Technical and Conforming Amendments.--
        (1) Title 39.--Section 5402 of title 39, United States Code, is 
    amended--
            (A) in subsections (b) through (e) (as redesignated by this 
        title) and subsection (f) by striking ``Secretary of 
        Transportation'' each place it appears and inserting 
        ``Secretary''; and
            (B) in subsection (f)--
                (i) by striking ``subsections (a), (b), and (c)'' and 
            inserting ``subsections (b), (c), and (d)''; and
                (ii) by striking ``subsection (d)'' and inserting 
            ``subsection (e)''.
        (2) Title 49.--Section 41901(a) of title 49, United States 
    Code, is amended by striking ``5402(d)'' and inserting ``5402(e)''.
    (f) Reports to Congress.--Not later than 18 months after the date 
of enactment of this Act, the Postal Service and the Secretary of 
Transportation shall submit a report to the Committee on Government 
Reform of the House of Representatives and the Committee on 
Governmental Affairs of the Senate on the progress of implementing this 
title.
    (g) Effective Dates.--
        (1) In general.--Except as provided under paragraph (2), this 
    title (including the amendments made by this title) shall take 
    effect on the date of enactment of this Act.
        (2) Selection of carriers.--The amendment made by subsection 
    (c)(5) shall take effect 15 months after the date of enactment of 
    this Act.
    (h) In publishing the Act in slip form and in the United States 
Statutes at Large pursuant to section 112, of title 1, United States 
Code, the Archivist of the United States shall include after the date 
of approval at the end an appendix setting forth the text of the bill 
referred to in subsection (a).

SEC. 3003. AMENDMENTS TO THE ALASKA NATIVE CLAIMS SETTLEMENT ACT.

    In subsection (e)(4) of the Alaska Native Claims Settlement Act 
created by section 702 of Public Law 107-117--
        (1) paragraph (B) is amended by--
            (A) striking ``subsection (e)(2)'' and inserting in lieu 
        thereof ``subsections (e)(1) or (e)(2)''; and
            (B) striking ``obligations under section 7 of P.L. 87-305'' 
        and inserting in lieu thereof ``small or small disadvantaged 
        business subcontracting goals under section 502 of P.L. 100-
        656, provided that where lower tier subcontractors exist, the 
        entity shall designate the appropriate contractor or 
        contractors to receive such credit''; and
        (2) paragraph (C) is amended by striking ``subsection (e)(2)'' 
    and inserting ``subsection (e)(1) or (e)(2)''.
    This Act may be cited as the ``2002 Supplemental Appropriations Act 
for Further Recovery From and Response To Terrorist Attacks on the 
United States''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.