[Congressional Record Volume 148, Number 75 (Monday, June 10, 2002)]
[Senate]
[Pages S5295-S5316]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          SUPPLEMENTAL APPROPRIATIONS ACT FOR FISCAL YEAR 2002

  On June 6, 2002, the Senate amended and passed H.R. 4775, as follows:

         Resolved, That the bill from the House of Representatives 
     (H.R. 4775) entitled ``An Act making supplemental 
     appropriations for further recovery from and response to 
     terrorist attacks on the United States for the fiscal year 
     ending September 30, 2002, and for other purposes.'', do pass 
     with the following amendment:
       Strike out all after the enacting clause and insert:
     That the following sums are appropriated, out of any money in 
     the Treasury not otherwise appropriated, for the fiscal year 
     ending September 30, 2002, and for other purposes, namely:

                  TITLE I--SUPPLEMENTAL APPROPRIATIONS

                               CHAPTER 1

                       DEPARTMENT OF AGRICULTURE

                        Office of the Secretary


                     (INCLUDING TRANSFERS OF FUNDS)

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

                     Agricultural Research Service


                         SALARIES AND EXPENSES

       For an additional amount for ``Salaries and Expenses'', 
     $16,000,000, to remain available until September 30, 2003: 
     Provided, That the entire amount is designated by the 
     Congress as an emergency requirement pursuant to section 
     251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended.


                        BUILDINGS AND FACILITIES

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

      Cooperative State Research, Education, and Extension Service


                          EXTENSION ACTIVITIES

       For an additional amount for ``Extension Activities'', 
     $16,000,000, to remain available until September 30, 2003: 
     Provided, That the entire amount is designated by the 
     Congress as an emergency requirement pursuant to section 
     251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended.

               Animal and Plant Health Inspection Service


                         SALARIES AND EXPENSES

       For an additional amount for ``Salaries and Expenses'', 
     $60,000,000, to remain available until September 30, 2003: 
     Provided, That the entire amount is designated by the 
     Congress as an emergency requirement pursuant to section 
     251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended.

                   Food Safety and Inspection Service

       For an additional amount for ``Food Safety and Inspection 
     Service'', $15,000,000, to remain available until September 
     30, 2003: Provided, That the entire amount is designated by 
     the Congress as an emergency requirement pursuant to section 
     251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended.

                 Natural Resources Conservation Service


               WATERSHED AND FLOOD PREVENTION OPERATIONS

       For an additional amount for ``Watershed and Flood 
     Prevention Operations'', for emergency recovery operations, 
     $100,000,000, to remain available until expended: Provided, 
     That of this amount, $27,000,000 is designated by the 
     Congress as an emergency requirement pursuant to section 
     251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended.


                  RURAL COMMUNITY ADVANCEMENT PROGRAM

       For an additional amount for ``Rural Community Advancement 
     Program'' for emergency purposes for grants and loans as 
     authorized by 7 U.S.C. 381E(d)(2), 306(a)(14), and 306C, 
     $25,000,000, with up to $5,000,000 for contracting with 
     qualified organization(s) to conduct vulnerability 
     assessments for rural community water systems, to remain 
     available until expended: Provided, That the entire amount is 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended.

                        Rural Utilities Service


            LOCAL TELEVISION LOAN GUARANTEE PROGRAM ACCOUNT

                         (including rescission)

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

                       Food and Nutrition Service


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

       For an additional amount for ``Special Supplemental 
     Nutrition Program for Women, Infants, and Children (WIC)'', 
     $75,000,000, to remain available until September 30, 2003: 
     Provided, That of the amounts provided in this Act and any 
     amounts available for reallocation in fiscal year 2002, the 
     Secretary shall reallocate funds under section 17(g)(2) of 
     the Child Nutrition Act of 1966, as amended, in the manner 
     and under the formula the Secretary deems necessary to 
     respond to the effects of unemployment and other conditions 
     caused by the recession.


                           FOOD STAMP PROGRAM

                              (RESCISSION)

       Of funds which may be reserved by the Secretary for 
     allocation to State agencies under section 16(h)(1) of the 
     Food Stamp Act of 1977 to carry out the Employment and 
     Training program, $33,000,000 are rescinded and returned to 
     the Treasury.

                    GENERAL PROVISION, THIS CHAPTER

       Sec. 101. Assistance To Agricultural Producers That Have 
     Used Water For Irrigation From Rio Grande River. (a) In 
     General.--The Secretary of Agriculture shall use $10,000,000 
     of the funds of the Commodity Credit Corporation to make a 
     grant to the State of Texas, acting through the Texas 
     Department of Agriculture, to provide assistance to 
     agricultural producers in the State of Texas with farming 
     operations along the Rio Grande River that have suffered 
     economic losses during the 2001 crop year due to the failure 
     of Mexico to deliver water to the United States in accordance 
     with the Treaty Relating to the Utilization of Waters of the 
     Colorado and Tijuana Rivers and of the Rio Grande, and 
     Supplementary Protocol signed November 14, 1944, signed at 
     Washington on February 3, 1944 (59 Stat. 1219; TS 944).
       (b) Amount.--The amount of assistance provided to 
     individual agricultural producers under this section shall be 
     proportional to the amount of actual losses described in 
     subsection (a) that were incurred by the producers.
       (c) Emergency Requirement.--
       (1) In general.--The entire amount necessary to carry out 
     this section shall be available only to the extent that an 
     official budget request for the entire amount, that includes 
     designation of the entire amount of the request as an 
     emergency requirement under the Balanced Budget and Emergency 
     Deficit Control Act of 1985 (2 U.S.C. 900 et seq.), is 
     transmitted by the President to Congress.
       (2) Designation.--The entire amount necessary to carry out 
     this section is designated by Congress as an emergency 
     requirement pursuant to section 251(b)(2)(A) of that Act (2 
     U.S.C. 901(b)(2)(A)).
       Sec. 102. Not later than 14 days after the date of 
     enactment of this Act, the Secretary of Agriculture shall 
     carry out the transfer of funds under section 2507(a) of the 
     Food Security and Rural Investment Act of 2002 (Public Law 
     107-171).
       Sec. 103. Sense of the Senate on Compensation to Producers 
     of Poultry Affected by Avian Influenza. It is the Sense of 
     the Senate that the Secretary of Agriculture act 
     expeditiously to provide compensation through the Commodity 
     Credit Corporation to producers of poultry that have been 
     affected by outbreaks of avian influenza in Virginia, West 
     Virginia, and other States which have resulted in the 
     destruction of poultry flocks in order to contain this 
     disease.
       Sec. 104. (a) Findings.--(1) Of the 40 million people 
     living with HIV/AIDS, nearly 2.7 million are children under 
     15, and 11.8 million are young people aged 15-24, more than 
     540,000 children were infected in mother-to-child 
     transmission in 2000, and a baby born to an HIV-positive 
     mother has a 25 to 35 percent chance of becoming infected.
       (2) Targeted provision of dairy products for HIV/AIDS 
     mitigation provides an economical and efficient means to 
     strengthen nutrition, ward off infectious diseases and extend 
     the lives of HIV-positive individuals.
       (3) Good nutrition including dairy products is critical to 
     programs that provide and enhance anti-retroviral drugs to 
     prevent mother-to-child transmission of HIV/AIDS, and 
     nutrition experts recommend the use of dairy products with 
     anti-retroviral drugs to combat mother-to-child transmission.
       (4) In the diets of young children, growing adolescents and 
     pregnant women, milk has been proven to provide a 
     concentration of critical nutritional elements that promote 
     growth and robust health, and the National Institutes of 
     Health (NIH) recommends that dairy products be used to boost 
     the nutrition of HIV-positive young children.
       (5) It is imperative that attempts to improve the 
     availability of dairy products to the HIV/AIDS afflicted do 
     not undermine the security and stability of the indigenous 
     dairy production and processing sector.
       (6) The United States has more than 1 billion pounds 
     (450,000 metric tons) of surplus non-fat dry milk in storage 
     that has been acquired at an average cost of over 90 cents 
     per pound for a total cost approaching $1,000,000,000, and 
     storage costs are $1,500,000 per month and growing.
       (7) This huge amount of milk overhangs the United States 
     and world markets and deteriorates rapidly, going out of 
     condition in about 3

[[Page S5296]]

     years when it must be sold for a salvage value of only a few 
     cents per pound.
       (8) The impacts of breast-feeding on mother-to-child 
     transmission remain controversial and appropriate 
     interventions are not yet scientifically proven, especially 
     in low-income communities where appropriate alternatives are 
     not available and may be unsafe.
       (9) There is a need for non-fat dry milk in international 
     relief to use in human feeding programs that target the most 
     vulnerable in society, particularly those affected by HIV/
     AIDS.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that the Secretary of Agriculture should--
       (1) utilize the existing 416(b) authority of the 
     Agricultural Act of 1949 to dispose of dairy surpluses for 
     direct feeding programs to mothers and children living with 
     HIV/AIDS and communities heavily impacted by the HIV/AIDS 
     pandemic;
       (2) make available funds for the provision of 100,000 
     metric tons of surplus non-fat dry milk to combat HIV/AIDS, 
     with a special focus on HIV-positive mothers and children, to 
     include ocean and inland transportation, accounting, 
     monitoring and evaluation expenses incurred by the Secretary 
     of Agriculture, and expenses incurred by private and 
     voluntary organizations and cooperatives related to market 
     assessments, project design, fortification, distribution, and 
     other project expenses;
       (3) give careful consideration to the local market 
     conditions before dairy products are donated or monetized 
     into a local economy, so as not to undermine the security and 
     stability of the indigenous dairy production and processing 
     sector; and
       (4) Use none of these funds or commodities in any programs 
     that would substitute dairy products for breast-feeding.
       Sec. 105. (a) Rescission.--The unobligated balance of 
     authority available under section 2108(a) of Public Law 107-
     20 is rescinded as of the date of the enactment of this Act.
       (b) Appropriation.--There is appropriated to the Secretary 
     of Agriculture an amount equal to the unobligated balance 
     rescinded by subsection (a) for expenses through fiscal year 
     2003 under the Agricultural Trade Development and Assistance 
     Act of 1954, as amended (7 U.S.C. 1721-1726a) for commodities 
     supplied in connection with dispositions abroad pursuant to 
     title II of said Act.
       Sec. 106. Section 416(b)(7)(D)(iv) of the Agricultural Act 
     of 1949 (7 U.S.C. 1431(b)(7)(D)(iv)) is amended by striking 
     ``subsection.'' and inserting in lieu thereof the following: 
     ``subsection, or to otherwise carry out the purposes of this 
     subsection.''.
       Sec. 107. Notwithstanding any other provision of law and 
     effective on the date of enactment of this Act, the Secretary 
     may use an amount not to exceed $12,000,000 from the amounts 
     appropriated under the heading Food Safety and Inspection 
     Service under the Agriculture, Rural Development, Food and 
     Drug Administration, and Related Agencies Appropriations Act 
     of 2001 (Public Law 106-387) to liquidate over-obligations 
     and over-expenditures of the Food Safety and Inspection 
     Service incurred during previous fiscal years, approved by 
     the Director of the Office of Management and Budget based on 
     documentation provided by the Secretary of Agriculture.

                               CHAPTER 2

                         DEPARTMENT OF JUSTICE

                         General Administration


                         SALARIES AND EXPENSES

       For an additional amount for ``Salaries and Expenses'' to 
     respond to the September 11, 2001, terrorist attacks on the 
     United States, $12,750,000, to remain available until 
     expended: Provided, That $10,750,000 is for the planning, 
     development, and deployment of an integrated fingerprint 
     identification system, including automated capability to 
     transmit fingerprint and image data for the design, and for 
     the development, testing, and deployment of a standards-
     based, integrated, interoperable computer system for the 
     Immigration and Naturalization Service (``Chimera system''), 
     to be managed by Justice Management Division, as authorized 
     by section 202 of H.R. 3525: Provided further, That 
     $2,000,000 is for the Principal Associate Deputy Attorney 
     General for Combating Terrorism: Provided further, That 
     $10,750,000 is designated by the Congress as an emergency 
     requirement pursuant to section 251(b)(2)(A) of the Balanced 
     Budget and Emergency Deficit Control Act of 1985, as amended.
       In addition, for the Office of Domestic Preparedness to 
     respond to the September 11, 2001, terrorist attacks on the 
     United States, $173,800,000, to remain available until 
     expended, for grants, cooperative agreements, and other 
     assistance authorized by sections 819 and 821 of the 
     Antiterrorism and Effective Death Penalty Act of 1996 and 
     sections 1014, 1015, and 1016 of the USA PATRIOT ACT (Public 
     Law 107-56), and for other counterterrorism programs: 
     Provided, That no funds under this heading shall be used to 
     duplicate the Federal Emergency Management Agency Fire Grant 
     program: Provided further, That the entire amount is 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended.

                            Legal Activities


             salaries and expenses, united states attorneys

       For an additional amount for ``Salaries and Expenses'' for 
     courtroom technology, $5,200,000: Provided, That the entire 
     amount is designated by the Congress as an emergency 
     requirement pursuant to section 251(b)(2)(A) of the Balanced 
     Budget and Emergency Deficit Control Act of 1985, as amended.


             SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

                              (RESCISSION)

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


         SALARIES AND EXPENSES, United States Marshals Service

                              (RESCISSION)

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


                       ANTI-TERRORISM TASK FORCES

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


                      JOINT TERRORISM TASK FORCES

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


                 FOREIGN TERRORIST TRACKING TASK FORCES

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

                    Federal Bureau of Investigation


                         SALARIES AND EXPENSES

       For an additional amount for ``Salaries and Expenses'' for 
     emergency expenses resulting from the September 11, 2001, 
     terrorist attacks, $75,500,000, of which $50,500,000 is for a 
     cyber-security initiative: Provided, That the entire amount 
     is designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended.

                 Immigration and Naturalization Service


                         SALARIES AND EXPENSES

       For an additional amount for ``Salaries and Expenses'' for 
     fleet management, $35,000,000: Provided, That the entire 
     amount is designated by the Congress as an emergency 
     requirement pursuant to section 251(b)(2)(A) of the Balanced 
     Budget and Emergency Deficit Control Act of 1985, as amended.


                              CONSTRUCTION

       For an additional amount for ``Construction'' for emergency 
     expenses resulting from the September 11, 2001, terrorist 
     attacks, $84,000,000: Provided, That the entire amount is 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended.


                         FEDERAL PRISON SYSTEM

                        BUILDINGS AND FACILITIES



                              (RESCISSION)

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

                       Office of Justice Programs


                     Election Reform Grant Program

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


                           JUSTICE ASSISTANCE

                              (RESCISSION)

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


                  Community Oriented Policing Services

       For an amount to establish the Community Oriented Policing 
     Services' Interoperable Communications Technology Program, 
     for emergency expenses for activities related to combating 
     terrorism by providing grants to States and localities to 
     improve communications within, and among, law enforcement 
     agencies, $85,000,000, to remain available until expended: 
     Provided, That the entire amount is designated by the 
     Congress as an emergency requirement pursuant to section 
     251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended.

              DEPARTMENT OF COMMERCE AND RELATED AGENCIES

                         DEPARTMENT OF COMMERCE

                   International Trade Administration


                     Operations and Administration

       For an additional amount for ``Operations and 
     Administration'' for emergency expenses resulting from new 
     homeland security activities, $1,725,000: Provided, That the 
     entire amount is designated by the Congress as an emergency 
     requirement pursuant to section 251(b)(2)(A) of the Balanced 
     Budget and Emergency Deficit Control Act of 1985, as amended.

                         Export Administration


                     OPERATIONS AND ADMINISTRATION

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

[[Page S5297]]

     emergency requirement pursuant to section 251(b)(2)(A) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985, as 
     amended.

                          Bureau of the Census


                     PERIODIC CENSUSES AND PROGRAMS

                              (RESCISSION)

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

             National Institute of Standards and Technology


             scientific and Technical Research and Services

       For an additional amount for ``Scientific and Technical 
     Research and Services'' for emergency expenses resulting from 
     new homeland security activities and increased security 
     requirements, $84,600,000, of which $40,000,000 is for a 
     cyber-security initiative: Provided, That the entire amount 
     is designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended: Provided 
     further, That of the amount appropriated under this heading, 
     $500,000 shall be for the Center for Identification 
     Technology Research at the West Virginia University for the 
     purpose of developing interoperability standards and an 
     application profile for technology neutral, portable, and 
     data independent biometrics, in accordance with section 
     403(c)(2) of The USA PATRIOT Act (Public Law 107-56) and 
     sections 201(c)(5) and 202(a)(4)(B) and title III of the 
     Enhanced Border Security and Visa Reform Act (Public Law 107-
     173), and the amendments made by those provisions.

            National Oceanic and Atmospheric Administration


                  Operations, Research, and Facilities

       For an additional amount for ``Operations, Research, and 
     Facilities'' for emergency expenses resulting from homeland 
     security activities, $29,200,000, of which $23,400,000 is to 
     address critical mapping and charting backlog requirements, 
     $3,000,000 is to enhance the National Water Level Observation 
     Network and $2,800,000 is for backup capability for National 
     Oceanic and Atmospheric Administration critical satellite 
     products and services, to remain available until September 
     30, 2003: Provided, That $2,800,000 is designated by the 
     Congress as an emergency requirement pursuant to section 
     251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended.


               Procurement, Acquisition and Construction

                         (including rescission)

       For an additional amount for ``Procurement, Acquisition and 
     Construction'' for emergency expenses resulting from homeland 
     security activities, $7,200,000 for a supercomputer backup, 
     to remain available until September 30, 2003: Provided, That 
     the entire amount is designated by the Congress as an 
     emergency requirement pursuant to section 251(b)(2)(A) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985, as 
     amended.
       Of the amounts made available under this heading for the 
     National Polar-Orbiting Operational Environmental Satellite 
     System, $8,100,000 are rescinded.


                   Fisheries Finance Program Account

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

                        Departmental Management


                         Salaries and Expenses

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

                             THE JUDICIARY

                   Supreme Court of the United States


                    CARE OF THE BUILDING AND GROUNDS

       For an additional amount for ``Care of the Building and 
     Grounds'' for emergency expenses for security upgrades and 
     renovations of the Supreme Court building, $10,000,000: 
     Provided, That the entire amount is designated by the 
     Congress as an emergency requirement pursuant to section 
     251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended.

    Courts of Appeals, District Courts, and Other Judicial Services


                         SALARIES AND EXPENSES

       For an additional amount for ``Salaries and Expenses'' for 
     emergency expenses to enhance security and to provide for 
     extraordinary trial related costs, $9,684,000, to remain 
     available until expended: Provided, That the entire amount is 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended.

                 DEPARTMENT OF STATE AND RELATED AGENCY

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs


                    Diplomatic and Consular Programs

       For an additional amount for ``Diplomatic and Consular 
     Programs,'' for emergency expenses for activities related to 
     combating international terrorism, $38,300,000, of which 
     $20,300,000 shall remain available until September 30, 2003: 
     Provided, That funds appropriated by this paragraph shall be 
     available notwithstanding section 15 of the State Department 
     Basic Authorities Act of 1956, as amended: Provided further, 
     That the entire amount is designated by the Congress as an 
     emergency requirement pursuant to section 251(b)(2)(A) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985, as 
     amended.


               Educational and Cultural Exchange Programs

       For an additional amount for ``Educational and Cultural 
     Exchange Programs'', for emergency expenses for activities 
     related to combating international terrorism, $9,000,000: 
     Provided, That funds appropriated by this paragraph shall be 
     available notwithstanding section 15 of the State Department 
     Basic Authorities Act of 1956, as amended: Provided further, 
     That the entire amount is designated by the Congress as an 
     emergency requirement pursuant to section 251(b)(2)(A) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985, as 
     amended.


            Embassy Security, Construction, and Maintenance

       For an additional amount for ``Embassy Security, 
     Construction, and Maintenance'', for emergency expenses for 
     activities related to combating international terrorism, 
     $210,516,000, to remain available until expended: Provided, 
     That $210,516,000 shall be available notwithstanding section 
     15 of the State Department Basic Authorities Act of 1956, as 
     amended: Provided further, That the entire amount is 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended.

              International Organizations and Conferences


              Contributions to International Organizations

       For an additional amount for ``Contributions to 
     International Organizations'', for emergency expenses for 
     activities related to combating international terrorism, 
     $7,000,000, to remain available until September 30, 2003: 
     Provided, That funds appropriated by this paragraph shall be 
     available notwithstanding section 15 of the State Department 
     Basic Authorities Act of 1956, as amended: Provided further, 
     That the entire amount is designated by the Congress as an 
     emergency requirement pursuant to section 251(b)(2)(A) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985, as 
     amended.


        CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES

                              (RESCISSION)

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

                             RELATED AGENCY

                    Broadcasting Board of Governors


                 International Broadcasting Operations

       For an additional amount for ``International Broadcasting 
     Operations'', for emergency expenses for activities related 
     to combating international terrorism, $7,400,000, to remain 
     available until September 30, 2003: Provided, That funds 
     appropriated by this paragraph shall be available 
     notwithstanding section 15 of the State Department Basic 
     Authorities Act of 1956, as amended: Provided further, That 
     the entire amount is designated by the Congress as an 
     emergency requirement pursuant to section 251(b)(2)(A) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985, as 
     amended.

                            RELATED AGENCIES

                   Securities and Exchange Commission


                         SALARIES AND EXPENSES

       For an additional amount for ``Salaries and Expenses'' to 
     respond to the September 11, 2001, terrorist attacks on the 
     United States and for other purposes, $29,300,000, to remain 
     available until expended: Provided, That $9,300,000 is 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended.

                    GENERAL PROVISIONS, THIS CHAPTER

       Sec. 201. Title II of Public Law 107-77 is amended in the 
     second undesignated paragraph under the heading ``Department 
     of Commerce, National Institute of Standards and Technology, 
     Industrial Technology Services'' by striking ``not to exceed 
     $60,700,000 shall be available for the award of new grants'' 
     and inserting ``not less than $60,700,000 shall be used 
     before October 1, 2002 for the award of new grants''.
       Sec. 202. None of the funds appropriated or otherwise made 
     available by this Act or any other Act may be used to 
     implement, enforce, or otherwise abide by the Memorandum of 
     Agreement signed by the Federal Trade Commission and the 
     Antitrust Division of the Department of Justice on March 5, 
     2002.
       Sec. 203. (a) Section 504 of title 28, United States Code, 
     is amended by inserting after ``General'' the following: 
     ``and a Principal Associate Deputy Attorney General for 
     Combating Terrorism''.
       (b) The Section heading for section 504 of title 28, United 
     States Code, is amended by inserting after ``General'' the 
     following: ``and Principal Associate Deputy Attorney General 
     for Combating Terrorism''.
       (c) The Principal Associate Deputy Attorney General for 
     Combating Terrorism (appointed under section 504 of title 28, 
     United States Code, as amended by subsection (a)) shall--
       (1) serve as the principal adviser to the Attorney General 
     and the Deputy Attorney General for combating terrorism, 
     counterterrorism, and antiterrorism policy;
       (2) have responsibility for coordinating all functions 
     within the Department of Justice relating to combating 
     domestic terrorism, subject to paragraph (5), including--

[[Page S5298]]

       (A) policies, plans, and oversight, as they relate to 
     combating terrorism, counterterrorism, and antiterrorism 
     activities;
       (B) State and local preparedness for terrorist events;
       (C) contingency operations within the Department of 
     Justice; and
       (D) critical infrastructure;
       (3) coordinate--
       (A) all inter-agency interface between the Department of 
     Justice and other departments, agencies, and entities of the 
     United States, including State and local organizations, 
     engaged in combating terrorism, counterterrorism, and 
     antiterrorism activities; and
       (B) the implementation of the Department of Justice's 
     strategy for combating terrorism by State and local law 
     enforcement with responsibilities for combating domestic 
     terrorism;
       (4) recommend changes in the organization and management of 
     the Department of Justice and State and local entities 
     engaged in combating domestic terrorism to the Attorney 
     General and Deputy Attorney General; and
       (5) serve in an advisory capacity to the Attorney General 
     and Deputy Attorney General on matters pertaining to the 
     allocation of resources for combating terrorism.
       (d) The allocation of resources for combating terrorism 
     shall remain under the purview of the current Deputy Attorney 
     General. Any changes in the allocation of resources will 
     continue to be approved by the current Deputy Attorney 
     General using the current procedures of the Department of 
     Justice.
       (e) Effective upon enactment of this Act, there is 
     transferred to the Principal Associate Deputy Attorney 
     General for Combating Terrorism all authorities, liabilities, 
     funding, personnel, equipment, and real property employed or 
     used by, or associated with, the Office of Domestic 
     Preparedness, the National Domestic Preparedness Office, the 
     Executive Office of National Security, and such appropriate 
     components of the Office of Intelligence Policy and Review 
     and the National Institute of Justice as relate to combating 
     terrorism, counterterrorism, and antiterrorism activities.
       Sec. 204. Public Law 106-256 is amended in section 3(f)(1) 
     by striking ``18'' and inserting ``29''.
       Sec. 205. The American Section, International Joint 
     Commission, United States and Canada, is authorized to 
     receive funds from the United States Army Corps of Engineers 
     for the purposes of conducting investigations, undertaking 
     studies, and preparing reports in connection with a reference 
     to the International Joint Commission on the Devils Lake 
     project mentioned in Public Law 106-377.
       Sec. 206. Section 282(a)(2)(D) of the Agricultural 
     Marketing Act of 1946 is amended to read as follows:
       ``(D) in the case of wild fish, is--
       ``(i) harvested in the United States, a territory of the 
     United States, or a State, or by a vessel that is documented 
     under chapter 121 of title 46, United States Code, or 
     registered in the United States; and
       ``(ii) processed in the United States, a territory of the 
     United States, or a State, including the waters thereof, or 
     aboard a vessel that is documented under chapter 121 of title 
     46, United States Code, or registered in the United States; 
     and''.
       Sec. 207. Of the amounts appropriated in Public Law 107-77, 
     under the heading ``Department of Commerce, National Oceanic 
     and Atmospheric Administration, Operations, Research, and 
     Facilities'', for coral reef programs, $2,500,000, for a 
     cooperative agreement with the National Defense Center of 
     Excellence for Research in Ocean Sciences to conduct coral 
     mapping in the waters of the Hawaiian Islands and the 
     surrounding Exclusive Economic Zone in accordance with the 
     mapping implementation strategy of the United States Coral 
     Reef Task Force.
       Sec. 208. In addition to amounts appropriated or otherwise 
     made available by this Act or any other Act, $11,000,000 is 
     appropriated to enable the Secretary of Commerce to provide 
     economic assistance to fishermen and fishing communities 
     affected by Federal closures and fishing restrictions in the 
     New England groundfish fishery, to remain available until 
     September 30, 2003.
       Sec. 209. In addition to amounts appropriated or otherwise 
     made available by this Act or any other Act, $5,000,000 shall 
     be provided to enable the Secretary of Commerce to provide 
     for direct economic assistance to fishermen and fishing 
     communities, affected by Federal Court ordered management 
     measures in the Northeast multispecies fishery, to remain 
     available until September 30, 2003: Provided, That these 
     amounts shall be used to support port security and related 
     coastal activities administered by the National Oceanic and 
     Atmospheric Administration, the Coast Guard, or an affected 
     state.
       Sec. 210. Of the amounts appropriated in Public Law 107-77, 
     under the heading ``Department of Commerce, National Oceanic 
     and Atmospheric Administration, Operations, Research, and 
     Facilities'', for Oregon groundfish cooperative research, 
     $500,000 shall be for the cost of a reduction loan of 
     $50,000,000 as authorized under sections 1111 and 1112 of 
     title XI of the Merchant Marine Act, 1936 (46 U.S.C. App. 
     1279f and 1279g) to carry out a West Coast groundfish fishing 
     capacity reduction program under section 312(b) of the 
     Magnuson-Stevens Fishery Conservation and Management Act (16 
     U.S.C. 1861a(b)).
       Sec. 211. (a) Subject to subsection (b), the Attorney 
     General shall, out of appropriations available to the 
     Department of Justice made in Public Law 107-77, transfer to, 
     and merge with, the appropriations account for the 
     Immigration and Naturalization Service entitled ``Salaries 
     and Expenses'' the following amounts for the following 
     purposes:
       (1) $4,900,000 to cover an increase in pay for all Border 
     Patrol agents who have completed at least one year's service 
     and are receiving an annual rate of basic pay for positions 
     at GS-9 of the General Schedule under section 5332 of title 
     5, United States Code, from the annual rate of basic pay 
     payable for positions at GS-9 of the General Schedule under 
     such section 5332, to an annual rate of basic pay payable for 
     positions at GS-11 of the General Schedule under such section 
     5332; and
       (2) $3,800,000 to cover an increase in pay for all 
     immigration inspectors who have completed at least one year's 
     service and are receiving an annual rate of basic pay for 
     positions at GS-9 of the General Schedule under section 5332 
     of title 5, United States Code, from the annual rate of basic 
     pay payable for positions at GS-9 of the General Schedule 
     under such section 5332, to an annual rate of basic pay 
     payable for positions at GS-11 of the General Schedule under 
     such section 5332.
       (b) Funds transferred under subsection (a) shall be 
     available for obligation and expenditure only in accordance 
     with the procedures applicable to reprogramming notifications 
     set forth in section 605 of the Departments of Commerce, 
     Justice, and State, the Judiciary, and Related Agencies 
     Appropriations Act, 2002 (Public Law 107-77; 115 Stat. 798).
       (c) Not later than September 30, 2002, the Justice 
     Management Division of the Department of Justice shall submit 
     a report to the Committees on Appropriations of the Senate 
     and the House of Representatives describing the progress made 
     in the development of the Chimera system.
       (d) No funds available to the Immigration and 
     Naturalization Service for technology activities in the 
     fiscal year 2003 may be obligated or expended unless the 
     program manager of the Chimera system approves the obligation 
     or expenditure of those funds and so reports to the Attorney 
     General.
       Sec. 212. Amounts appropriated by title V of Public Law 
     107-77 under the heading ``National Veterans Business 
     Development Corporation'' (115 Stat. 795) shall remain 
     available until expended.
       Sec. 213. Of the funds made available under the heading 
     ``Courts of Appeals, District Courts, and Other Judicial 
     Services, Salaries, and Expenses'' in title III of Public Law 
     107-77, $37,900,000 shall be transferred to, and merged with, 
     funds available for ``Salaries and Expenses, United States 
     Marshals Service'' in title I of Public Law 107-77, to be 
     available until expended only for hiring 200 additional 
     Deputy United States Marshals and associated support staff 
     for protection of the judicial process in response to the 
     terrorist attacks of September 11, 2001 to be deployed to the 
     Federal districts with critical courtroom and prisoner 
     security needs.

                               CHAPTER 3

                         DEPARTMENT OF DEFENSE

                           MILITARY PERSONNEL

                     Military Personnel, Air Force

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

                       OPERATION AND MAINTENANCE

                    Defense Emergency Response Fund


                     (Including Transfer of Funds)

       For an additional amount for the ``Defense Emergency 
     Response Fund'', $11,300,000,000, of which $77,900,000 shall 
     be available for enhancements to North American Air Defense 
     Command capabilities: Provided, That the entire amount is 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended: Provided 
     further, That the Secretary of Defense may transfer the funds 
     provided herein only to appropriations for military 
     personnel; operation and maintenance; procurement; research, 
     development, test and evaluation; military construction; the 
     Defense Health Program; and working capital funds: Provided 
     further, That the funds transferred shall be merged with and 
     shall be available for the same purposes and for the same 
     time period as the appropriation to which transferred: 
     Provided further, That the transfer authority provided in 
     this paragraph is in addition to any other transfer authority 
     available to the Department of Defense: Provided further, 
     That upon a determination that all or part of the funds 
     transferred from this appropriation are not necessary for the 
     purposes provided herein, such amounts may be transferred 
     back to this appropriation.

                    Operation and Maintenance, Army

       For an additional amount for ``Operation and Maintenance, 
     Army'', $107,000,000: Provided, That the entire amount is 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended.

                    Operation and Maintenance, Navy

       For an additional amount for ``Operation and Maintenance, 
     Navy'', $36,500,000: Provided, That the entire amount is 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended.

                  Operation and Maintenance, Air Force

       For an additional amount for ``Operation and Maintenance, 
     Air Force'', $41,000,000: Provided, That the entire amount is 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended.

[[Page S5299]]

                Operation and Maintenance, Defense-wide


                     (including transfer of funds)

       For an additional amount for ``Operation and Maintenance, 
     Defense-wide'', $739,000,000, of which $420,000,000 may be 
     used for payments to Pakistan, Jordan, the Philippines, and 
     other key cooperating nations for logistical and military 
     support provided to United States military operations in 
     connection with United States efforts to prevent or respond 
     to acts of international terrorism: Provided, That such 
     amount shall be transferred to, and merged with, funds 
     appropriated in Public Law 107-115 under the heading 
     ``Foreign Military Financing Program'' within 30 days of 
     enactment: Provided further, That such payments may be made 
     in such amounts as the Secretary of State determines, after 
     consultation with the Secretary of Defense and the Director 
     of the Office of Management and Budget: Provided further, 
     That such determination shall be final and conclusive upon 
     the accounting officers of the United States: Provided 
     further, That of the funds appropriated by this paragraph, 
     not less than $50,000,000 shall be made available for the 
     Philippines: Provided further, That amounts for such payments 
     shall be in addition to any other funds that may be available 
     for such purpose: Provided further, That the entire amount is 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended: Provided 
     further, That funds made available by this paragraph shall be 
     subject to the regular notification procedures of the 
     Committees on Appropriations.

                              PROCUREMENT

                        Other Procurement, Army

       For an additional amount for ``Other Procurement, Army'', 
     $79,200,000: Provided, That the entire amount is designated 
     by the Congress as an emergency requirement pursuant to 
     section 251(b)(2)(A) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985, as amended.

                       Aircraft Procurement, Navy

       For an additional amount for ``Aircraft Procurement, 
     Navy'', $22,800,000: Provided, That the entire amount is 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended.

            Procurement of Ammunition, Navy and Marine Corps

       For an additional amount for ``Procurement of Ammunition, 
     Navy and Marine Corps'', $262,000,000: Provided, That the 
     entire amount is designated by the Congress as an emergency 
     requirement pursuant to section 251(b)(2)(A) of the Balanced 
     Budget and Emergency Deficit Control Act of 1985, as amended.

                        Other Procurement, Navy

       For an additional amount for ``Other Procurement, Navy'', 
     $2,500,000: Provided, That the entire amount is designated by 
     the Congress as an emergency requirement pursuant to section 
     251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended.

                       Procurement, Marine Corps

       For an additional amount for ``Procurement, Marine Corps'', 
     $3,500,000: Provided, That the entire amount is designated by 
     the Congress as an emergency requirement pursuant to section 
     251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended.

                    Aircraft Procurement, Air Force

       For an additional amount for ``Aircraft Procurement, Air 
     Force'', $93,000,000: Provided, That the entire amount is 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended.

                  Procurement of Ammunition, Air Force

       For an additional amount for ``Procurement of Ammunition, 
     Air Force'', $115,000,000: Provided, That the entire amount 
     is designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended.

                      Other Procurement, Air Force

       For an additional amount for ``Other Procurement, Air 
     Force'', $752,300,000: Provided, That the entire amount is 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended.

                       Procurement, Defense-wide

       For an additional amount for ``Procurement, Defense-wide'', 
     $99,500,000: Provided, That the entire amount is designated 
     by the Congress as an emergency requirement pursuant to 
     section 251(b)(2)(A) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985, as amended.

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Army

       For an additional amount for ``Research, Development, Test 
     and Evaluation, Army'', $8,200,000: Provided, That the entire 
     amount is designated by the Congress as an emergency 
     requirement pursuant to section 251(b)(2)(A) of the Balanced 
     Budget and Emergency Deficit Control Act of 1985, as amended.

            Research, Development, Test and Evaluation, Navy

       For an additional amount for ``Research, Development, Test 
     and Evaluation, Navy'', $19,000,000: Provided, That the 
     entire amount is designated by the Congress as an emergency 
     requirement pursuant to section 251(b)(2)(A) of the Balanced 
     Budget and Emergency Deficit Control Act of 1985, as amended.

         Research, Development, Test and Evaluation, Air Force

       For an additional amount for ``Research, Development, Test 
     and Evaluation, Air Force'', $60,800,000: Provided, That the 
     entire amount is designated by the Congress as an emergency 
     requirement pursuant to section 251(b)(2)(A) of the Balanced 
     Budget and Emergency Deficit Control Act of 1985, as amended.

        Research, Development, Test and Evaluation, Defense-wide

       For an additional amount for ``Research, Development, Test 
     and Evaluation, Defense-wide'', $74,700,000: Provided, That 
     the entire amount is designated by the Congress as an 
     emergency requirement pursuant to section 251(b)(2)(A) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985, as 
     amended.

                    GENERAL PROVISIONS, THIS CHAPTER

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

[[Page S5300]]

       Sec. 308. Not later than 15 days after the date of the 
     enactment of this Act, the Secretary of Defense shall 
     obligate, from funds made available in title II of division A 
     of Public Law 107-117 under the heading ``Operation and 
     Maintenance, Defense-Wide'' (115 Stat. 2233), $4,000,000 for 
     a grant to support the conversion of the Naval Security 
     Group, Winter Harbor (the naval base on Schoodic Peninsula), 
     Maine, to utilization as a research and education center for 
     Acadia National Park, Maine, including the preparation of a 
     plan for the reutilization of the naval base for such purpose 
     that will benefit communities in the vicinity of the naval 
     base and visitors to Acadia National Park and will stimulate 
     important research and educational activities.
       Sec. 309. Of the amount available for fiscal year 2002 for 
     the Army National Guard for operation and maintenance, 
     $2,200,000 shall be made available for the Army National 
     Guard for information operations, information assurance 
     operations, and training for such operations.

                               CHAPTER 4

                          DISTRICT OF COLUMBIA

                             FEDERAL FUNDS

       Federal Payment to the Children's National Medical Center

       For a Federal payment to the Children's National Medical 
     Center in the District of Columbia for implementing the 
     District Emergency Operations Plan, $13,770,000, to remain 
     available until September 30, 2003, of which $11,700,000 is 
     for the expansion of quarantine facilities, and $2,070,000 is 
     for the establishment of a decontamination facility for 
     children and families: Provided, That the entire amount is 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended.

              Federal Payment to the District of Columbia

       For a Federal payment to the District of Columbia to 
     implement the District Emergency Operations Plan, 
     $24,730,000, to remain available until December 1, 2003, of 
     which $14,730,000 is for public safety expenses related to 
     national special security events in the District of Columbia 
     and $10,000,000 is for the construction of Containment 
     Facilities to support the regional Bioterrorism Hospital 
     Preparedness Program: Provided, That the entire amount is 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended.

 Federal Payment to the Washington Metropolitan Area Transit Authority

       For a Federal payment to the Washington Metropolitan Area 
     Transit Authority, $25,000,000, to remain available until 
     December 1, 2003, to contribute to the creation of a regional 
     transportation back-up operations control center: Provided, 
     That the entire amount is designated by the Congress as an 
     emergency requirement pursuant to section 251(b)(2)(A) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985, as 
     amended.

 Federal Payment to the Metropolitan Washington Council of Governments

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

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

       For a Federal payment to the Water and Sewer Authority of 
     the District of Columbia for emergency preparedness, 
     $3,000,000, to remain available until September 30, 2003, of 
     which $250,000 shall be for securing fire hydrants and 
     manholes to prevent unauthorized entry, $150,000 is to 
     upgrade the hydraulic model, $1,800,000 is for remote 
     monitoring of water quality, $700,000 is for design and 
     construction of ventilation system improvements, and $100,000 
     is to create an Incident Response Plan: Provided, That the 
     Water and Sewer Authority of the District of Columbia may 
     reprogram up to $120,000 between the activities specified 
     under this heading if it notifies in writing the Committees 
     on Appropriations of the House of Representatives and the 
     Senate thirty days in advance of the reprogramming: Provided 
     further, That the entire amount is designated by the Congress 
     as an emergency requirement pursuant to section 251(b)(2)(A) 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985, as amended.

                       DISTRICT OF COLUMBIA FUNDS

                           OPERATING EXPENSES

                        Public Education System


                              (Rescission)

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

                         Human Support Services

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

                       Public Safety and Justice


                              (Rescission)

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

                    Corrections Information Council

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

                   Governmental Direction and Support

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

                    Repayment of Loans and Interest


                              (Rescission)

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

                     Certificates of Participation

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

                    GENERAL PROVISIONS, THIS CHAPTER

       Sec. 401. The District of Columbia may use up to 1 percent 
     of the funds appropriated to the District of Columbia under 
     the Emergency Supplemental Act, 2002, to fund the necessary 
     administrative costs to carry out that Act, effective January 
     10, 2002.
       Sec. 402. When the Mayor determines that it is in the best 
     interest of the District, the Mayor may procure insurance for 
     property damage and tort liability. In addition, when the 
     Chief Financial Officer determines that it is in the best 
     interest of the District, the Chief Financial Officer may 
     procure insurance subject to his independent procurement 
     authority or otherwise recommend the procurement of insurance 
     for financial losses resulting from misfeasance or 
     malfeasance.
       Sec. 403. Crime Victims Compensation Fund. Section 16(d)(2) 
     of the Victims of Violent Crime Compensation Act of 1996 
     (D.C. Official Code 4-515(d)(1)), as amended by the Fiscal 
     Year 2002 District of Columbia Appropriations Act, Public Law 
     107-96, is amended to read as follows:
       ``(2) 50 percent of such balance shall be transferred from 
     the Fund to the executive branch of the District government 
     and shall be used without fiscal year limitation for outreach 
     activities designed to increase the number of crime victims 
     who apply for such direct compensation payments.''.
       Sec. 404. Washington Metropolitan Area Transit Authority 
     Reprogramming. The Chief Financial Officer of the Washington 
     Metropolitan Area Transit Authority may use up to $2,400,000 
     from funds appropriated under Public Law 107-117 under the 
     account, ``Federal Payment to the Washington Metropolitan 
     Area Transit Authority'', that contains funds for protective 
     clothing and breathing apparatus activities, for employee and 
     facility security and completion of the fiber optic network 
     project.
       Sec. 405. Transfer Authority for the District of Columbia 
     Courts. The District of Columbia Courts may expend up to 
     $12,500,000 to carry out the District of Columbia Family 
     Court Act of 2001 from the ``Federal Payment to the District 
     of Columbia Courts'' account: Provided, That such funds may 
     be transferred to the ``Federal Payment to the District of 
     Columbia Courts'' account from the ``Federal Payment for 
     Family Court Act'' account in reimbursement for such 
     obligations and expenditures as are necessary to implement 
     the District of Columbia Family Court Act of 2001 for the 
     period from October 1, 2001 to September 30, 2002, once funds 
     in

[[Page S5301]]

     the ``Federal Payment for Family Court Act'' account become 
     available.
       Sec. 406. Technical Correction to the District of Columbia 
     Family Court Act of 2001. Section 11-908A(b)(4) of the 
     District of Columbia Code (as added by Public Law 107-114) is 
     amended by striking ``section 11-1501(b)'' and inserting 
     ``section 433 of the District of Columbia Home Rule Act''.
       Sec. 407. Technical Correction to the Fiscal Year 2002 
     District of Columbia Appropriations Act. (a) Under the 
     heading, ``Federal Payment to the Thurgood Marshall Academy 
     Charter School'' provided under Public Law 107-96, strike 
     ``Anacostia'' and insert ``Southeast, Washington, D.C.''.
       (b) Under the heading, ``Federal Payment to Southeastern 
     University'' provided under Public Law 107-96, strike 
     everything after ``a public/private partnership'' and insert 
     in lieu thereof, ``to plan a two year associate degree 
     program.''.
       Sec. 408. Technical Correction to the Fiscal Year 2002 
     District of Columbia Appropriations Act. Section 119 of 
     Public Law 107-96 is amended to read as follows:
       ``Sec. 119. Acceptance and Use of Grants Not Included in 
     Ceiling. (a) In General.--Notwithstanding any other provision 
     of this Act, the Mayor, in consultation with the Chief 
     Financial Officer, may accept, obligate, and expend Federal, 
     private, and other grants received by the District government 
     that are not reflected in the amounts appropriated in this 
     Act.
       ``(b) Requirement of Chief Financial Officer Report and 
     Council Approval.--No such Federal, private, or other grant 
     may be accepted, obligated, or expended pursuant to 
     subsection (a) until--
       ``(1) the Chief Financial Officer of the District of 
     Columbia submits to the Council a report setting forth 
     detailed information regarding such grant; and
       ``(2) the Council has reviewed and approved the acceptance, 
     obligation, and expenditure of such grant. Within 14 calendar 
     days of receipt of the report submitted under paragraph (1) 
     the Council shall be deemed to have provided such approval if 
     no written notice of disapproval is filed with the Secretary 
     to the Council within 14 calendar days of the receipt of the 
     report from the Chief Financial Officer, and no oral notice 
     of disapproval is given during a meeting of the Council 
     during such 14 calendar day period. If notice of disapproval 
     is given during such initial 14 calendar day period, the 
     Council may approve or disapprove the acceptance, obligation 
     or expenditure of the grant by resolution within 30 calendar 
     days of the initial receipt of the report from the Chief 
     Financial Officer, or such certification shall be deemed to 
     be approved.
       ``(c) Prohibition on Spending in Anticipation of Approval 
     or Receipt.--No amount may be obligated or expended from the 
     general fund or other funds of the District government in 
     anticipation of the approval or receipt of a grant under 
     subsection (a) or in anticipation of the approval or receipt 
     of a Federal, private, or other grant not subject to these 
     provisions.
       ``(d) Quarterly Reports.--The Chief Financial Officer of 
     the District of Columbia shall prepare a quarterly report 
     setting forth detailed information regarding all Federal, 
     private, and other grants subject to these provisions. Each 
     such report shall be submitted to the Council of the District 
     of Columbia, and to the Committees on Appropriations of the 
     House of Representatives and the Senate, not later than 15 
     days after the end of the quarter covered by the report.''.
       Sec. 409. The authority which the Chief Financial Officer 
     of the District of Columbia exercised with respect to 
     personnel, procurement, and the preparation of fiscal impact 
     statements during a control period (as defined in Public Law 
     104-8) shall remain in effect through July 1, 2003 or until 
     such time as the District of Columbia Fiscal Integrity Act 
     becomes effective, whichever occurs sooner.

                               CHAPTER 5

                      DEPARTMENT OF DEFENSE--CIVIL

                         Department of the Army

                       Corps of Engineers--Civil


                   OPERATION AND MAINTENANCE, GENERAL

       For an additional amount for ``operation and maintenance, 
     general'', $32,000,000, to remain available until expended: 
     Provided, That using the funds appropriated herein, the 
     Secretary of the Army, acting through the Chief of Engineers, 
     is directed to repair, restore, and clean-up Corps' projects 
     and facilities and dredge navigation channels, restore and 
     clean out area streams, provide emergency streambank 
     protection, restore other crucial public infrastructure 
     (including sewer and water facilities), document flood 
     impacts and undertake other flood recovery efforts deemed 
     necessary and advisable by the Chief of Engineers: Provided 
     further, That $10,000,000 of the funds provided shall be for 
     Southern West Virginia, Eastern Kentucky, and Southwestern 
     Virginia: Provided further, That the remaining $22,000,000 is 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended: Provided 
     further, That these additional funds shall be available for 
     Western Illinois, Eastern Missouri, and the Upper Peninsula 
     of Michigan.
       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Flood 
     Control, Mississippi River and Tributaries, Arkansas, 
     Illinois, Kentucky, Louisiana, Mississippi, Missouri, and 
     Tennessee'', $6,500,000, to remain available until expended, 
     to be obligated from amounts made available in Public Law 
     107-117, Corps of Engineers--Civil, Operations and 
     Maintenance, General: Provided, That $6,500,000 is designated 
     by the Congress as an emergency requirement pursuant to 
     section 251(b)(2)(A) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985, as amended.

                          DEPARTMENT OF ENERGY

                    ATOMIC ENERGY DEFENSE ACTIVITIES

                National Nuclear Security Administration


                           Weapons Activities

       For an additional amount for ``Weapons Activities'' for 
     emergency expenses resulting from the September 11, 2001, 
     terrorist attacks, $181,650,000: Provided, That the entire 
     amount is designated by the Congress as an emergency 
     requirement pursuant to section 251(b)(2)(A) of the Balanced 
     Budget and Emergency Deficit Control Act of 1985, as amended.


                    DEFENSE NUCLEAR NONPROLIFERATION

       For an additional amount for ``Defense Nuclear 
     Nonproliferation'' for emergency activities necessary to 
     support the safeguarding of nuclear material internationally, 
     $100,000,000: Provided, That the entire amount is designated 
     by the Congress as an emergency requirement pursuant to 
     section 251(b)(2)(A) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985, as amended.


                      OFFICE OF THE ADMINISTRATOR

       For an additional amount for ``Office of the 
     Administrator'' for emergency expenses resulting from the 
     September 11, 2001, terrorist attacks, $1,750,000: Provided, 
     That the entire amount is designated by the Congress as an 
     emergency requirement pursuant to section 251(b)(2)(A) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985, as 
     amended.

               ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES

         Defense Environmental Restoration and Waste Management

       For an additional amount for ``Defense Environmental 
     Restoration and Waste Management'' for emergency expenses 
     resulting from the September 11, 2001, terrorist attacks, 
     $40,000,000: Provided, That the entire amount is designated 
     by the Congress as an emergency requirement pursuant to 
     section 251(b)(2)(A) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985, as amended.

                        Other Defense Activities

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

                    GENERAL PROVISIONS, THIS CHAPTER


                              (rescission)

       Sec. 501. (a) Of the non-defense funds made available to 
     the Secretary of Energy under the headings ``Energy Supply'', 
     ``Non-Defense Environmental Management'', ``Science'', 
     ``Nuclear Waste Disposal'', and ``Departmental 
     Administration'' in Public Law 107-66, $30,000,000 are 
     rescinded.
       (b) Within 30 days after the date of the enactment of this 
     Act, the Director of the Office of Management and Budget 
     shall submit to the Committees on Appropriations of the House 
     of Representatives and the Senate a listing of the amounts by 
     account of the reductions made pursuant to the provisions of 
     subsection (a) of this section.
       Sec. 502. The amounts invested by the non-Federal interests 
     in the biomass project at Winona, Mississippi, before the 
     date of enactment of this Act shall constitute full 
     satisfaction of the cost-sharing requirement under section 
     3002 of the Energy Policy Act of 1992 (42 U.S.C. 13542).
       Sec. 503. Section 1 of Public Law 105-204 (112 Stat. 681) 
     is amended--
       (1) in subsection (b), by striking ``until the date'' and 
     all that follows and inserting ``until the date that is 30 
     days after the date on which the Secretary of Energy awards a 
     contract under subsection (c), and no such amounts shall be 
     available for any purpose except to implement the 
     contract.''; and
       (2) by striking subsection (c) and inserting the following:
       ``(c) Contracting Requirements.--
       ``(1) In general.--Notwithstanding any other provision of 
     law (except section 1341 of title 31, United States Code), 
     the Secretary of Energy shall--
       ``(A) not later than 10 days after the date of enactment of 
     this paragraph, request offerors whose proposals in response 
     to Request for Proposals No. DE-RP05-010R22717 (`Acquisition 
     of Facilities and Services for Depleted Uranium Hexalfluoride 
     (DUF6) Conversion Project') were included in the competitive 
     range as of January 15, 2002, to confirm or reinstate the 
     offers in accordance with this paragraph, with a deadline for 
     offerors to deliver reinstatement or confirmation to the 
     Secretary of Energy not later than 20 days after the date of 
     enactment of this paragraph; and
       ``(B) not later than 30 days after the date of enactment of 
     this paragraph, select for award of a contract the best value 
     of proposals confirmed or reinstated under subparagraph (A), 
     and award a contract for the scope of work stated in the 
     Request for Proposals, including the design, construction, 
     and operation of--
       ``(i) a facility described in subsection (a) on the site of 
     the gaseous diffusion plant at Paducah, Kentucky; and
       ``(ii) a facility described in subsection (a) on the site 
     of the gaseous diffusion plant at Portsmouth, Ohio.
       ``(2) Contract terms.--Notwithstanding any other provision 
     of law (except section 1341 of title 31, United States Code) 
     the Secretary of Energy shall negotiate with the awardee to 
     modify the contract awarded under paragraph (1) to--
       ``(A) require, as a mandatory item, that groundbreaking for 
     construction occur not later than July 31, 2004, and that 
     construction proceed expeditiously thereafter;

[[Page S5302]]

       ``(B) include as an item of performance the transportation, 
     conversion, and disposition of depleted uranium contained in 
     cylinders located at the Oak Ridge K-25 uranium enrichment 
     facility located in the East Tennessee Technology Park at Oak 
     Ridge, Tennessee, consistent with environmental agreements 
     between the State of Tennessee and the Secretary of Energy; 
     and
       ``(C) specify that the contractor shall not proceed to 
     perform any part of the contract unless sufficient funds have 
     been appropriated, in advance, specifically to pay for that 
     part of the contract.
       ``(3) Certification of groundbreaking.--Not later than 5 
     days after the date of groundbreaking for each facility, the 
     Secretary of Energy shall submit to Congress a certification 
     that groundbreaking has occurred.
       ``(d) Funding.--
       ``(1) In general.--For purposes of carrying out this 
     section, the Secretary of Energy may use any available 
     appropriations (including transferred unobligated balances).
       ``(2) Authorization of appropriations.--There are 
     authorized to be appropriated, in addition to any funds made 
     available under paragraph (1), such sums as are necessary to 
     carry out this section.''.
       Sec. 504. In addition to amounts previously appropriated, 
     $3,000,000 is hereby appropriated for the Department of the 
     Interior, Bureau of Reclamation, for ``Water and Related 
     Resources'' for the drilling of emergency wells in Santa Fe, 
     New Mexico and shall remain available until expended.

                               CHAPTER 6

                     BILATERAL ECONOMIC ASSISTANCE

                  Funds Appropriated to the President


           UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

                CHILD SURVIVAL AND HEALTH PROGRAMS FUND

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


                   INTERNATIONAL DISASTER ASSISTANCE

       For an additional amount for ``International Disaster 
     Assistance'', $150,000,000, to remain available until March 
     31, 2003: Provided, That funds appropriated by this paragraph 
     shall be made available for emergency expenses for 
     Afghanistan for humanitarian and reconstruction activities 
     related to preventing or responding to international 
     terrorism, including repairing homes of Afghan citizens that 
     were damaged as a result of military operations against al 
     Qaeda and the Taliban: Provided further, That of the funds 
     appropriated by this paragraph that are available for 
     Afghanistan, up to $2,500,000 may be made available, in 
     addition to amounts otherwise available for such purposes, 
     for administrative expenses of the United States Agency for 
     International Development in support of the provision of such 
     assistance: Provided further, That of the funds appropriated 
     by this paragraph, $50,000,000 shall be made available for 
     humanitarian, refugee and reconstruction assistance for the 
     West Bank and Gaza: Provided further, That none of the funds 
     provided in the preceding proviso shall be available for 
     assistance for the Palestinian Authority: Provided further, 
     That the entire amount is designated by the Congress as an 
     emergency requirement pursuant to section 251(b)(2)(A) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985, as 
     amended: Provided further, That funds appropriated by this 
     paragraph shall be subject to the regular notification 
     procedures of the Committees on Appropriations.


   OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR INTERNATIONAL 
                              DEVELOPMENT

       For an additional amount for ``Operating Expenses of the 
     United States Agency for International Development'' for 
     emergency expenses for activities related to preventing or 
     responding to international terrorism, $5,000,000, to remain 
     available until March 31, 2003: Provided, That the entire 
     amount is designated by the Congress as an emergency 
     requirement pursuant to section 251(b)(2)(A) of the Balanced 
     Budget and Emergency Deficit Control Act of 1985, as amended.

                  Other Bilateral Economic Assistance


                         ECONOMIC SUPPORT FUND

       For an additional amount for ``Economic Support Fund'' for 
     emergency expenses for activities related to preventing or 
     responding to international terrorism, $700,000,000, to 
     remain available until March 31, 2003: Provided, That of the 
     funds appropriated by this paragraph, not less than 
     $3,500,000 shall be made available to support programs and 
     activities that provide professional training for journalists 
     from Egypt and other countries in the Middle East: Provided 
     further, That of the funds appropriated by this paragraph 
     that are made available for assistance for Pakistan, not less 
     than $3,500,000 shall be made available for programs and 
     activities which support the development of independent media 
     in Pakistan: Provided further, That of the funds appropriated 
     by this paragraph, $50,000,000 should be made available for 
     the Middle East Economic Initiative: Provided further, That 
     of the funds appropriated by this paragraph, not less than 
     $15,000,000 shall be made available for the establishment and 
     administration of an international exchange visitor program 
     for secondary school students from countries with significant 
     Muslim populations: Provided further, That funds made 
     available pursuant to the previous proviso shall not be 
     available for any country that is eligible for assistance 
     under the FREEDOM Support Act: Provided further, That of the 
     funds appropriated by this paragraph, $200,000,000 shall be 
     made available for assistance for Israel, all or a portion of 
     which may be transferred to, and merged with, funds 
     appropriated by this Act under the heading 
     ``nonproliferation, anti-terrorism, demining and related 
     programs'' for defensive, non-lethal anti-terrorism 
     assistance in accordance with the provisions of chapter 8 of 
     part II of the Foreign Assistance Act of 1961: Provided 
     further, That the entire amount is designated by the Congress 
     as an emergency requirement pursuant to section 251(b)(2)(A) 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985, as amended: Provided further, That funds appropriated 
     under this heading, and funds appropriated under this heading 
     in prior Acts that are made available for the purposes of 
     this paragraph, may be made available notwithstanding section 
     512 of Public Law 107-115 or any similar provision of law: 
     Provided further, That funds appropriated by this paragraph 
     shall be subject to the regular notification procedures of 
     the Committees on Appropriations.


    ASSISTANCE FOR THE INDEPENDENT STATES OF THE FORMER SOVIET UNION

       For an additional amount for ``Assistance for the 
     Independent States of the Former Soviet Union'' for emergency 
     expenses for activities related to preventing or responding 
     to international terrorism, $110,000,000, to remain available 
     until March 31, 2003: Provided, That funds appropriated by 
     this paragraph shall be made available for assistance only 
     for Uzbekistan, the Kyrgyz Republic, Tajikistan, Kazakstan, 
     and Turkmenistan: Provided further, That of the funds 
     appropriated by this paragraph, not less than $7,000,000 
     shall be made available for the development of democratic 
     institutions and the protection of human rights, which amount 
     shall be administered by the Bureau of Democracy, Human 
     Rights and Labor, Department of State: Provided further, That 
     the entire amount is designated by the Congress as an 
     emergency requirement pursuant to section 251(b)(2)(A) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985, as 
     amended: Provided further, That funds appropriated by this 
     paragraph shall be subject to the regular notification 
     procedures of the Committees on Appropriations.

                          Department of State


          INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT

       For an additional amount for ``International Narcotics 
     Control and Law Enforcement'' for emergency expenses for 
     activities related to preventing or responding to 
     international terrorism, $104,000,000, to remain available 
     until March 31, 2003: Provided, That of the funds 
     appropriated by this paragraph, not less than $2,500,000 
     shall be made available for the Colombian National Park 
     Service for training, equipment and related assistance for 
     park rangers: Provided further, That of the funds 
     appropriated by this paragraph, not to exceed $4,000,000 
     shall be made available for law enforcement training for 
     Indonesian police forces: Provided further, That funds 
     appropriated by this paragraph shall be subject to the 
     regular notification procedures of the Committees on 
     Appropriations: Provided further, That the entire amount is 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended.


                    MIGRATION AND REFUGEE ASSISTANCE

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


    NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED PROGRAMS

       For an additional amount for ``Nonproliferation, Anti-
     Terrorism, Demining and Related Programs'' for emergency 
     expenses for activities related to preventing or responding 
     to international terrorism, $93,000,000, to remain available 
     until March 31, 2003: Provided, That of the funds 
     appropriated by this paragraph, not less

[[Page S5303]]

     than $10,000,000 shall be made available for humanitarian 
     demining activities: Provided further, That of the funds 
     appropriated by this paragraph, not to exceed $12,000,000 
     shall be made available for assistance for Indonesia: 
     Provided further, That funds appropriated by this paragraph 
     that are made available for assistance for Indonesia may be 
     used only to train and equip an Indonesian police unit to 
     prevent or respond to international terrorism, and none of 
     the funds appropriated by this chapter may be used to provide 
     assistance for members of ``Brimob'' Mobile Police Brigade 
     units: Provided further, That of the funds appropriated by 
     this paragraph, $2,000,000 shall be made available for small 
     arms and light weapons destruction in Afghanistan: Provided 
     further, That of the funds appropriated by this paragraph, 
     $1,000,000 shall be made available for the Nonproliferation 
     and Disarmament Fund: Provided further, That the entire 
     amount is designated by the Congress as an emergency 
     requirement pursuant to section 251(b)(2)(A) of the Balanced 
     Budget and Emergency Deficit Control Act of 1985, as amended: 
     Provided further, That funds appropriated by this paragraph 
     shall be subject to the regular notification procedures of 
     the Committees on Appropriations.

                          MILITARY ASSISTANCE

                  Funds Appropriated to the President


                   FOREIGN MILITARY FINANCING PROGRAM

       For an additional amount for ``Foreign Military Financing 
     Program'' for emergency expenses for activities related to 
     preventing or responding to international terrorism, 
     $347,500,000, to remain available until March 31, 2003: 
     Provided, That funds appropriated by this paragraph may be 
     made available for assistance only for Afghanistan, Pakistan, 
     Nepal, Jordan, Bahrain, Oman, Yemen, Uzbekistan, the Kyrgyz 
     Republic, Tajikistan, Kazakhstan, Turkey, Georgia, the 
     Philippines, Colombia, Djibouti, Ethiopia, Kenya, and 
     Ecuador: Provided further, That funds appropriated by this 
     paragraph should be made available to establish, train, and 
     equip a Colombian Army brigade dedicated to providing 
     security to civilian prosecutors in operations to collect 
     evidence and execute arrest warrants against leaders of 
     paramilitary organizations: Provided further, That of the 
     funds appropriated by this paragraph, not to exceed 
     $3,500,000 may be made available for assistance for the 
     Colombian Armed Forces for purposes of protecting the Cano 
     Limon pipeline: Provided further, That prior to the 
     obligation of funds under the previous proviso, the Secretary 
     of State shall determine and report to the Committee on 
     Appropriations that (i) of the Government of Colombia's oil 
     revenues from the Cano Limon pipeline, an appropriate 
     percentage will be made available for primary health care, 
     basic education, microenterprise, and other programs and 
     activities to improve the lives of the people of Arauca 
     department and that a transparent mechanism exists to 
     effectively monitor such funds, and (ii) Occidental Petroleum 
     and Repsol have each agreed in writing to refund to the 
     United States Government an amount, based upon each company's 
     financial interest in the pipeline, equal to the percentage 
     that each such share represents of the amount of funds made 
     available by this Act to the Colombian Armed Forces for 
     purposes of protecting the Cano Limon pipeline: Provided 
     further, That the amounts refunded pursuant to an agreement 
     entered into pursuant to the previous proviso shall be made 
     available for any of the programs and activities identified 
     in clause (i) to improve the lives of the Colombian people 
     without further appropriation by Congress: Provided further, 
     That funds made available by this Act for assistance for 
     Uzbekistan may be made available if the Secretary of State 
     determines and reports to the Committees on Appropriations 
     that Uzbekistan is making substantial and continuing progress 
     in meeting its commitments under the ``Declaration on the 
     Strategic Partnership and Cooperation Framework Between the 
     Republic of Uzbekistan and the United States of America'': 
     Provided further, That the entire amount is designated by the 
     Congress as an emergency requirement pursuant to section 
     251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended: Provided further, That funds 
     appropriated by this paragraph that are made available for 
     Afghanistan may be made available notwithstanding section 512 
     of Public Law 107-115 or any similar provision of law: 
     Provided further, That funds appropriated by this paragraph 
     shall be subject to the regular notification procedures of 
     the Committees on Appropriations.


                        PEACEKEEPING OPERATIONS

       For an additional amount for ``Peacekeeping Operations'' 
     for emergency expenses for activities related to preventing 
     or responding to international terrorism, $20,000,000, to 
     remain available until March 31, 2003: Provided, That the 
     entire amount is designated by the Congress as an emergency 
     requirement pursuant to section 251(b)(2)(A) of the Balanced 
     Budget and Emergency Deficit Control Act of 1985, as amended: 
     Provided further, That funds appropriated by this paragraph 
     shall be available only for Afghanistan, and may be made 
     available notwithstanding section 512 of Public Law 107-115 
     or any similar provision of law: Provided further, That funds 
     appropriated by this paragraph shall be subject to the 
     regular notification procedures of the Committees on 
     Appropriations.

                    MULTILATERAL ECONOMIC ASSISTANCE

                  Funds Appropriated to the President


                  INTERNATIONAL FINANCIAL INSTITUTIONS

                              (rescission)

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

                    GENERAL PROVISIONS, THIS CHAPTER

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


                              (rescission)

       Sec. 604. (a) Of the funds appropriated under the heading 
     ``Export-Import Bank of the United States'' that are 
     available for tied-aid grants in title I of Public Law 107-
     115 and under such heading in prior Acts making 
     appropriations for foreign operations, export financing, and 
     related programs, $50,000,000 are rescinded.
       (b) Of the funds appropriated under the heading ``Economic 
     Support Fund'' in title II of the Foreign Operations, Export 
     Financing, and Related Programs Appropriations Act, 2000 (as 
     contained in Public Law 106-113) and in prior Acts making 
     appropriations for foreign operations, export financing, and 
     related programs, $25,000,000 are rescinded.
       Sec. 605. Of the amounts appropriated to the President for 
     the United States Agency for International Development 
     (USAID) for the fiscal year 2002 and made available for the 
     Ocean Freight Reimbursement Program of USAID, $300,000 shall 
     be made available to the National

[[Page S5304]]

     Forum Foundation to implement the TRANSFORM Program to obtain 
     available space on commercial ships for the shipment of 
     humanitarian assistance to needy foreign countries.
       Sec. 606. Not later than 45 days after the date of the 
     enactment of this Act, the President shall transmit to the 
     Committee on Appropriations and the Committee on 
     International Relations of the House of Representatives and 
     the Committee on Appropriations and the Committee on Foreign 
     Relations of the Senate a report setting forth a strategy for 
     meeting the immediate and long-term security needs of 
     Afghanistan in order to promote safe and effective delivery 
     of humanitarian and other assistance throughout Afghanistan, 
     further the rule of law and civil order, and support the 
     formation of a functioning, representative Afghan national 
     government.

                               CHAPTER 7

                       DEPARTMENT OF THE INTERIOR

                United States Fish and Wildlife Service


                          Resource Management

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


                              Construction

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

                         National Park Service


                              Construction

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

                    United States Geological Survey


                 Surveys, Investigations, and Research

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

                        Bureau of Indian Affairs


                      Operation of Indian Programs

                              (Rescission)

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

                          Departmental Offices


                        Departmental Management

                         salaries and expenses

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

                             RELATED AGENCY

                       DEPARTMENT OF AGRICULTURE

                             Forest Service


                  Capital Improvement and Maintenance

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

                          OTHER RELATED AGENCY

                        Smithsonian Institution


                              Construction

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

                    GENERAL PROVISIONS, THIS CHAPTER

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

                               CHAPTER 8

                          DEPARTMENT OF LABOR

                 Employment and Training Administration


                    Training and Employment Services

       For an additional amount for ``Training and Employment 
     Services'', $400,000,000, of which $200,000,000 is available 
     for obligation through June 30, 2004 for carrying out 
     sections 171(d) and 173 of the Workforce Investment Act, 
     except that not more than $20,000,000 may be used for 
     carrying out section 171(d); of which $80,000,000 is 
     available for obligation through June 30, 2003 for carrying 
     out section 132(a)(2)(B) of such Act; of which $10,000,000 is 
     available for obligation through June 30, 2004, and shall be 
     transferred to ``Economic Development Assistance Programs'', 
     Economic Development Administration, Department of Commerce, 
     for economic development assistance authorized by the Public 
     Works and Economic Development Act of 1965, as amended, 
     including $8,300,000 for ``Public Works'' investments and 
     $1,700,000 for ``Planning'' investments; and of which 
     $110,000,000 is available for obligation July 1, 2001 through 
     June 30, 2002 for carrying out section 132(a)(2)(B) of the 
     Workforce Investment Act notwithstanding sections 
     132(b)(2)(B) and 133(b)(2)(B) of such Act and shall be 
     allotted and allocated in a manner that restores to the 
     affected States and local workforce investment areas the 
     $110,000,000 that was subject to rescission under Public Law 
     107-20: Provided, That the entire amount is designated by the 
     Congress as an emergency requirement pursuant to section 
     251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended: Provided further, That 
     notwithstanding any other provision of law, the Governor of 
     the State may include information on local area unexpended 
     balances in determining allocation of the funding to local 
     areas made available through June 30, 2003, under this head, 
     for carrying out section 132(a)(2)(B) of the Workforce 
     Investment Act.

             Occupational Safety and Health Administration


                         SALARIES AND EXPENSES

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

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

              Health Resources and Services Administration


                     Health Resources and Services

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

               Centers for Disease Control and Prevention


                DISEASE CONTROL, RESEARCH, AND TRAINING

       For emergency expenses necessary to support activities 
     related to countering potential biological, disease, and 
     chemical threats to civilian populations and for carrying out 
     title III of the Public Health Service Act, $315,000,000, to 
     be available until expended. Of this amount, $37,000,000 
     shall be for improving security, including information 
     technology security, and $278,000,000 shall be for equipment 
     and construction and renovation of facilities in Atlanta:

[[Page S5305]]

     Provided, That notwithstanding any other provision of law, a 
     single contract or related contracts for development and 
     construction of facilities may be employed which collectively 
     include the full scope of the project: Provided further, That 
     the solicitation and contract shall contain the clause 
     ``availability of funds'' found at 48 CFS 52.232-18: Provided 
     further, That the entire amount is designated by the Congress 
     as an emergency requirement pursuant to section 251(b)(2)(A) 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985, as amended.

                     National Institutes of Health


                        BUILDINGS AND FACILITIES

                         (including rescission)

       Of the funds provided under this heading in Public Law 107-
     116, $30,000,000 are rescinded.
       For emergency expenses necessary to support activities 
     related to countering potential biological, disease, and 
     chemical threats to civilian populations, and for the study 
     of, construction of, renovation of, and acquisition of 
     equipment for, facilities of or used by the National 
     Institutes of Health, including the acquisition of real 
     property, $72,000,000 to remain available until expended: 
     Provided, That notwithstanding any other provision of law, a 
     single contract or related contracts for the development and 
     construction of facilities may be employed which collectively 
     include the full scope of the project: Provided further, That 
     the solicitation and contract shall contain the clause 
     ``availability of funds'' found at 48 CFS 52.232-18: Provided 
     further, That the entire amount is designated by the Congress 
     as an emergency requirement pursuant to section 251(b)(2)(A) 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985, as amended.

               Centers for Medicare and Medicaid Services


                           program management

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

                        Office of the Secretary


            public health and social services emergency fund

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

                        DEPARTMENT OF EDUCATION


                      School Improvement Programs

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


                      Student Financial Assistance

       For an additional amount for ``Student Financial 
     Assistance'' for carrying out subpart 1 of part A of title IV 
     of the Higher Education Act of 1965, as amended, 
     $1,000,000,000, to remain available through September 30, 
     2003: Provided, That the entire amount is designated by the 
     Congress as an emergency requirement pursuant to section 
     251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended.


                            Higher Education

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


             Education Research, Statistics, and Assessment

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

                    GENERAL PROVISIONS, THIS CHAPTER

       Sec. 801. The Elementary and Secondary Education Act of 
     1965 is hereby amended in section 8003 by amending subsection 
     (b)(2)(D)(ii)(III) to read as follows: ``For a local 
     educational agency that does not qualify under (B)(i)(II)(aa) 
     of this subsection and has an enrollment of more than 100 but 
     not more than 1,000 children described in subsection (a)(1), 
     the Secretary shall calculate the total number of weighted 
     student units for purposes of subsection (a)(2) by 
     multiplying the number of such children by a factor of 
     1.25.''.
       Sec. 802. The Elementary and Secondary Education Act of 
     1965 is hereby amended in section 8003(b)(1) by adding the 
     following as subparagraph (G):
       ``(G) Beginning with fiscal year 2002, for the purpose of 
     calculating a payment under this

[[Page S5306]]

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

                               CHAPTER 9

                           LEGISLATIVE BRANCH

                              JOINT ITEMS

                          Capitol Police Board


                             CAPITOL POLICE

                            General Expenses

       For an additional amount for the Capitol Police Board for 
     necessary expenses of the Capitol Police, including security 
     equipment and installation, supplies, materials and contract 
     services, $3,600,000, to be disbursed by the Capitol Police 
     Board or their designee: Provided, That the entire amount is 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended.

                          LIBRARY OF CONGRESS

                            Copyright Office


                         Salaries and Expenses

       For an additional amount for ``Copyright Office, Salaries 
     and expenses'', $7,500,000, to remain available until 
     expended: Provided, That the entire amount is designated by 
     the Congress as an emergency requirement pursuant to section 
     251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended.

                    GENERAL PROVISIONS, THIS CHAPTER

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

                               CHAPTER 10

                      DEPARTMENT OF TRANSPORTATION

                 Transportation Security Administration

       For additional amounts for emergency expenses to ensure 
     transportation security, $4,702,525,000, to remain available 
     until expended: Provided, That the entire amount is 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended: Provided 
     further, That of the amounts provided under this head, 
     $200,000,000 shall be for port security grants under the same 
     terms and conditions as provided for under Public Law 107-
     117; $20,000,000 shall be used to enable the Under Secretary 
     for Transportation Security to make grants and enter into 
     contracts to enhance security for intercity bus operations; 
     and $27,945,000 shall be used to enable said Under Secretary 
     to make grants, enter into contracts and execute interagency 
     agreements for the purpose of deploying Operation Safe 
     Commerce.

                            U.S. Coast Guard


                           Operating Expenses

       For an additional amount for ``Operating Expenses'' for 
     emergency expenses for homeland security, $318,400,000, to 
     remain available until September 30, 2003: Provided, That the 
     entire amount is designated by the Congress as an emergency 
     requirement pursuant to section 251(b)(2)(A) of the Balanced 
     Budget and Emergency Deficit Control Act of 1985, as amended.


              Acquisition, Construction, and Improvements

       For an additional amount for ``Acquisition, Construction, 
     and Improvements'' for emergency

[[Page S5307]]

     expenses for homeland security, $347,700,000, to remain 
     available until September 30, 2004: Provided, That the entire 
     amount is designated by the Congress as an emergency 
     requirement pursuant to section 251(b)(2)(A) of the Balanced 
     Budget and Emergency Deficit Control Act of 1985, as amended.

                    Federal Aviation Administration


                               Operations

       For an additional amount for ``Operations'', $100,000,000, 
     for security activities at Federal Aviation Administration 
     facilities: Provided, That the entire amount is designated by 
     the Congress as an emergency requirement pursuant to section 
     251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended.


                        Facilities and Equipment

                    (Airport and Airway Trust Fund)

       For an additional amount for ``Facilities and Equipment'', 
     $15,000,000, to be derived from the Airport and Airway Trust 
     Fund and to remain available until expended: Provided, That 
     the entire amount is designated by the Congress as an 
     emergency requirement pursuant to section 251(b)(2)(A) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985, as 
     amended.


                       Grants-In-Aid For Airports

                    (Airport and Airway Trust Fund)

       For an additional amount to enable the Federal Aviation 
     Administrator to compensate airports for the direct costs 
     associated with new, additional or revised security 
     requirements imposed on airport operators by the 
     Administrator on or after September 11, 2001, notwithstanding 
     any other provision of law, $100,000,000, to be derived from 
     the Airport and Airway Trust Fund and to remain available 
     until expended: Provided, That the entire amount is 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended.

                     Federal Highway Administration


                          FEDERAL-AID HIGHWAYS

                        Emergency Relief Program

                          (Highway Trust Fund)

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


                          federal-aid highways

                          (highway trust fund)

                              (rescission)

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


                          federal-aid highways

                        emergency relief program

                          (highway trust fund)

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

              Federal Motor Carrier Safety Administration


                       Border Enforcement Program

       For necessary expenses of the Border Enforcement Program to 
     respond to the September 11, 2001, terrorist attacks on the 
     United States, $19,300,000, to be derived from the Highway 
     Trust Fund, of which $4,200,000 shall be to implement section 
     1012 of Public Law 107-56 (USA Patriot Act); $10,000,000 
     shall be for drivers' license fraud detection and prevention, 
     northern border safety and security study, and hazardous 
     material security education and outreach; and $5,100,000 
     shall be for the purposes of coordinating drivers' license 
     registration and social security number verification: 
     Provided, That in connection with such commercial drivers' 
     license fraud deterrence projects, the Secretary may enter 
     into such contracts or grants with the American Association 
     of Motor Vehicle Administrators, States, or other persons as 
     the Secretary may so designate to carry out these purposes: 
     Provided further, That the entire amount is designated by the 
     Congress as an emergency requirement pursuant to section 
     251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended.

                    Federal Railroad Administration


         grants to the national railroad passenger corporation

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

                     Federal Transit Administration


                       Capital Investment Grants

       For an additional amount for ``Capital Investment Grants'' 
     for emergency expenses to respond to the September 11, 2001, 
     terrorist attacks in New York City, $1,800,000,000, to remain 
     available until expended, to replace, rebuild, or enhance the 
     public transportation systems serving the Borough of 
     Manhattan, New York City, New York: Provided, That the 
     Secretary may use up to one percent of this amount for 
     oversight activities: Provided further, That these funds are 
     subject to grant requirements as determined by the Secretary 
     to ensure that eligible projects will improve substantially 
     the mobility of commuters in Lower Manhattan: Provided 
     further, That the Federal share for any project funded from 
     this amount shall be 100 percent: Provided further, That 
     these funds are in addition to any other appropriation 
     available for these purposes: Provided further, That the 
     entire amount is designated by the Congress as an emergency 
     requirement pursuant to section 251(b)(2)(A) of the Balanced 
     Budget and Emergency Deficit Control Act of 1985, as amended.

              Research and Special Programs Administration


                     Research and Special Programs

       For an additional amount for ``Research and Special 
     Programs'' to establish a Transportation Information 
     Operations Center for improving transportation emergency 
     response coordination, $3,500,000: Provided, That the entire 
     amount is designated by the Congress as an emergency 
     requirement pursuant to section 251(b)(2)(A) of the Balanced 
     Budget and Emergency Deficit Control Act of 1985, as amended.

                    GENERAL PROVISIONS, THIS CHAPTER

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

                               CHAPTER 11

                       DEPARTMENT OF THE TREASURY

                      Financial Management Service


                         salaries and expenses

                              (rescission)

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

                     United States Customs Service


                         Salaries and Expenses

       For an additional amount for ``Salaries and Expenses'', 
     $59,000,000, to remain available until expended: Provided, 
     That the entire amount is designated by the Congress as an 
     emergency requirement pursuant to section 251(b)(2)(A) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985, as 
     amended: Provided further, That $10,000,000 is authorized for 
     reimbursing State and local law enforcement agencies that 
     have provided necessary Federal assistance to personnel of 
     the United States Customs Service, along the Northern Border 
     of the United States.

                        Internal Revenue Service


                          information systems

                              (rescission)

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

[[Page S5308]]

                      United States Secret Service


                         Salaries and Expenses

       For an additional amount for ``Salaries and Expenses'', 
     $17,200,000: Provided, That the entire amount is designated 
     by the Congress as an emergency requirement pursuant to 
     section 251(b)(2)(A) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985, as amended.

                             POSTAL SERVICE

                   Payment to the Postal Service Fund

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

                   EXECUTIVE OFFICE OF THE PRESIDENT

                        Office of Administration


                         Salaries and Expenses

       For an additional amount for ``Salaries and Expenses'', 
     $5,000,000, to remain available until expended: Provided, 
     That the entire amount is designated by the Congress as an 
     emergency requirement pursuant to section 251(b)(2)(A) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985, as 
     amended: Provided further, That none of these funds may be 
     obligated until the Senate confirms a Director for Homeland 
     Security in the Office of Homeland Security pursuant to 
     section 1102 of this Act.

                          INDEPENDENT AGENCIES

                    General Services Administration


                        REAL PROPERTY ACTIVITIES

                         Federal Buildings Fund

       For an additional amount for ``Federal Buildings Fund'' for 
     building security emergency expenses resulting from the 
     September 11, 2001, terrorist attacks on the United States, 
     $51,800,000: Provided, That the entire amount is designated 
     by the Congress as an emergency requirement pursuant to 
     section 251(b)(2)(A) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985, as amended.


                         Policy and Operations

       For an additional amount for ``Policy and Operations'' for 
     emergency expenses related to vulnerabilities in internet 
     data transmission capability, $2,500,000, to remain available 
     until September 30, 2003: Provided, That the entire amount is 
     designated by Congress as an emergency requirement pursuant 
     to section 251(b)(2)(A) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985, as amended.

                    GENERAL PROVISIONS, THIS CHAPTER

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

                               CHAPTER 12

                     DEPARTMENT OF VETERANS AFFAIRS

                    Veterans Benefits Administration


                       COMPENSATION AND PENSIONS

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

                     Veterans Health Administration


                              Medical Care

       For an additional amount for ``Medical care'' resulting 
     from continued open enrollment for Priority Level 7 veterans, 
     $142,000,000.
       For an additional amount for ``Medical care'', 
     $275,000,000: Provided, That the entire amount is designated 
     by the Congress as an emergency requirement pursuant to 
     section 251(b)(2)(A) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985, as amended.

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                       Public and Indian Housing


                        HOUSING CERTIFICATE FUND

                              (RESCISSION)

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

                   Community Planning and Development


                       Community Development fund

       For an additional amount for ``Community Development 
     Fund'', as authorized by title I of the Housing and Community 
     Development Act of 1974, as amended, for emergency expenses 
     to respond to the September 11, 2001, terrorist attacks on 
     the United States, $750,000,000, to remain available until 
     expended: Provided, That the State of New York, in 
     cooperation with the City of New York, shall, through the 
     Lower Manhattan Development Corporation, distribute these 
     funds: Provided further, That such funds may be used for 
     assistance for properties and businesses (including the 
     restoration of utility infrastructure) damaged by, and for 
     economic revitalization directly related to, the terrorist 
     attacks on the United States that occurred on September 11, 
     2001, in New York City and for reimbursement to the State and 
     City of New York for expenditures incurred from the regular 
     Community Development Block Grant formula allocation used to 
     achieve these same purposes: Provided further, That the State 
     of New York is authorized to provide such assistance to the 
     City of New York: Provided further, That in administering 
     these funds and funds under section 108 of such Act used for 
     economic revitalization activities in New York City, the 
     Secretary may waive, or specify alternative requirements for, 
     any provision of any statute or regulation that the Secretary 
     administers in connection with the obligation by the 
     Secretary or the use by the recipient of these funds or 
     guarantees (except for requirements related to fair housing, 
     nondiscrimination, labor standards, and the environment), 
     upon a finding that such waiver is required to facilitate the 
     use of such funds or guarantees: Provided further, That such 
     funds shall not adversely affect the amount of any formula 
     assistance received by the State of New York, New York City, 
     or any categorical application for other Federal assistance: 
     Provided further, That the Secretary shall publish in the 
     Federal Register any waiver of any statute or regulation that 
     the Secretary administers pursuant to title I of the Housing 
     and Community Development Act of 1974, as amended, no later 
     than five days before the effective date of such waiver: 
     Provided further, That the Secretary shall notify the 
     Committees on Appropriations on the proposed allocation of 
     any funds and any related waivers pursuant to this section no 
     later than five days before such allocation: Provided 
     further, That the entire amount is designated by the Congress 
     as an emergency requirement pursuant to section 251(b)(2)(A) 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985, as amended.
       The referenced statement of the managers under the heading 
     ``Community Development Block Grants'' in title II of Public 
     Law 105-276 is deemed to be amended by striking ``$250,000 
     for renovation, accessibility, and asbestos remediation for 
     the Wellstone Neighborhood Center, Wellstone, Missouri'' and 
     insert in lieu thereof ``$250,000 for the St. Louis Economic 
     Council for design, infrastructure and construction related 
     to the Enterprise Center-Wellstone in Wellstone, Missouri''.
       The referenced statement of the managers under the heading 
     ``Community Development Fund'' in title II of Public Law 106-
     377 is deemed to be amended by striking ``$1,000,000 for the 
     Community Action Agency of Southern New Mexico, Inc. for 
     construction of a regional food bank and supporting offices'' 
     and insert in lieu thereof ``$1,000,000 for the Community 
     Action Agency of Southern New Mexico for construction, 
     purchase, or renovation and the equipping of a regional food 
     bank and supporting offices''.
       The referenced statement of the managers under the heading 
     ``Community Development Fund'' in title II of Public Law 107-
     73 is deemed to be amended by striking ``$400,000 to the City 
     of Reading, PA for the development of the Morgantown Road 
     Industrial Park on what is currently a brownfields site'' and 
     insert in lieu thereof ``$400,000 for the City of Reading, PA 
     for the development of the American Chain and Cable 
     brownfield site''.
       The referenced statement of the managers under the heading 
     ``Community Development Fund'' in title II of Public Law 107-
     73 is deemed to be amended by striking ``$750,000 for the 
     Smart Start Child Care Center and Expertise School of Las 
     Vegas, Nevada for construction of a child care facility'' and 
     insert in lieu thereof ``$250,000 for the Smart Start Child 
     Care Center and Expertise School of Las Vegas, Nevada for 
     construction of a child care facility and $500,000 for job 
     training''.


                  HOME INVESTMENT PARTNERSHIPS PROGRAM

                              (RESCISSION)

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

                            Housing Programs


                       rental housing assistance

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

                          INDEPENDENT AGENCIES

                    Environmental Protection Agency

                   State and Tribal Assistance Grants

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


                         SCIENCE AND TECHNOLOGY

       For an additional amount for ``Science and technology'', 
     $100,000,000: Provided, That the

[[Page S5309]]

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


                     Hazardous Substance Superfund

       For an additional amount for ``Hazardous substance 
     superfund'' for additional expenses incurred for anthrax 
     investigations and cleanup actions at the United States 
     Capitol and the Congressional office building complex, 
     $12,500,000: Provided, That the entire amount is designated 
     by the Congress as an emergency requirement pursuant to 
     section 251(b)(2)(A) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985, as amended.

                  Federal Emergency Management Agency


                            Disaster Relief

       For an additional amount for ``Disaster relief'' for 
     emergency expenses to respond to the September 11, 2001, 
     terrorist attacks on the United States, $2,660,000,000, to 
     remain available until expended: Provided, That in 
     administering the Mortgage and Rental Assistance Program for 
     victims of September 11, 2001, the Federal Emergency 
     Management Agency will recognize those people who were either 
     directly employed in the Borough of Manhattan or had at least 
     75 percent of their wages coming from business conducted 
     within the Borough of Manhattan as eligible for assistance 
     under the program, as they were directly impacted by the 
     terrorist attacks: Provided further, That FEMA shall provide 
     compensation to previously denied Mortgage and Rental 
     Assistance Program applicants who would qualify under these 
     new guidelines: Provided further, That the entire amount is 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended.


              Emergency Management Planning and Assistance

       For an additional amount for ``Emergency management 
     planning and assistance'' for emergency expenses to respond 
     to the September 11, 2001, terrorist attacks on the United 
     States, $745,000,000, of which $175,000,000 is for FEMA to 
     make available to the States for State and local all hazards 
     operational planning including response planning for natural 
     and man-made disasters including terrorism; $300,000,000 for 
     programs as authorized by section 33 of the Federal Fire 
     Prevention and Control Act of 1974, as amended (15 U.S.C. 
     2201 et seq.); $92,000,000 for the existing national urban 
     search and rescue system; $115,000,000 for interoperable 
     communications equipment; $56,000,000 for grants to state and 
     local governments for emergency operations centers; and 
     $7,000,000 for secure communications equipment and associated 
     facility improvements and maintenance for state emergency 
     operations centers: Provided, That the entire amount is 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended.


                        CERRO GRANDE FIRE CLAIMS

       For an additional amount for ``Cerro Grande Fire Claims'', 
     $80,000,000 for claims resulting from the Cerro Grande fires: 
     Provided, That the entire amount is designated by the 
     Congress as an emergency requirement pursuant to section 
     251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended.

                      National Science Foundation


                     Education and Human Resources

       For an additional amount for ``Education and human 
     resources'' for emergency expenses to respond to emergent 
     needs in cyber security, $19,300,000: Provided, That the 
     entire amount is designated by the Congress as an emergency 
     requirement pursuant to section 251(b)(2)(A) of the Balanced 
     Budget and Emergency Deficit Control Act of 1985, as amended.

                    GENERAL PROVISIONS, THIS CHAPTER

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

                      TITLE II--GENERAL PROVISIONS

       Sec. 2001. No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year unless expressly so provided in this Act.
       Sec. 2002. (a) In General.--Any amount appropriated in this 
     Act that is designated by the Congress as an emergency 
     requirement pursuant to section 251(b)(2)(A) of the Balanced 
     Budget and Emergency Deficit Control Act of 1985, as amended, 
     shall not be available for obligation unless all such amounts 
     appropriated in this Act are designated by the President, 
     upon enactment of this Act, as emergency requirements 
     pursuant to that section.
       (b) Exception.--Subsection (a) shall not apply to chapter 3 
     of title I.
       Sec. 2003. (a) The Senate finds that--
       (1) the Federal Bureau of Investigation is the principle 
     investigative arm of the Department of Justice;
       (2) the Federal Bureau of Investigation has the authority 
     and responsibility to investigate specific crimes assigned to 
     it, including violations concerning organized crime and 
     drugs, civil rights, violent crimes, financial crimes, 
     counterterrorism, and foreign counterintelligence; and
       (3) the mission of the Federal Bureau of Investigation is--
       (A) to uphold the law through the investigation of 
     violations of Federal criminal law;
       (B) to protect the United States from foreign intelligence 
     and terrorist activities;
       (C) provide leadership and law enforcement assistance to 
     Federal, State, local, and international agencies; and
       (D) to perform these responsibilities in a manner that is 
     responsive to the needs of the public and is faithful to the 
     Constitution of the United States.
       (b) It is the sense of the Senate that--
       (1) the reorganization of the Federal Bureau of 
     Investigation is a positive and important response to 
     challenges posed by the increased threat of terrorism and 
     that continued constructive dialog between FBI Director 
     Robert Mueller and Congress will help make the reorganization 
     a success;
       (2) the Federal Bureau of Investigation shall continue to 
     allocate adequate resources for the purpose of investigating 
     all crimes under its jurisdiction;
       (3) the reallocation of agents and resources to 
     counterterrorism investigations should not hamper the ability 
     of the Federal Bureau of Investigation to investigate crimes 
     involving drugs; and
       (4) sufficient homeland security resources should be made 
     available to State and local law enforcement and public 
     safety officials to enable them to meet their 
     responsibilities as the Nation's first responders.
       Sec. 2004. In subsection (e)(4) of the Alaska Native Claims 
     Settlement Act created by section 702 of Public Law 107-117--
       (1) paragraph (B) is amended by--
       (A) striking ``subsection (e)(2)'' and inserting in lieu 
     thereof ``subsections (e)(1) or (e)(2)''; and
       (B) striking ``obligations under section 7 of P.L. 87-305'' 
     and inserting in lieu thereof ``small or small disadvantaged 
     business subcontracting goals under section 502 of P.L. 100-
     656, provided that where lower tier subcontractors exist, the 
     entity shall designate the appropriate contractor or 
     contractors to receive such credit''; and
       (2) paragraph (C) is amended by striking ``subsection 
     (e)(2)'' and inserting ``subsection (e)(1) or (e)(2)''.

          TITLE III--AMERICAN SERVICE MEMBERS' PROTECTION ACT

     SEC. 3001. SHORT TITLE.

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

     SEC. 3002. FINDINGS.

       Congress makes the following findings:
       (1) On July 17, 1998, the United Nations Diplomatic 
     Conference of Plenipotentiaries on the Establishment of an 
     International Criminal Court, meeting in Rome, Italy, adopted 
     the ``Rome Statute of the International Criminal Court''. The 
     vote on whether to proceed with the statute was 120 in favor 
     to 7 against, with 21 countries abstaining. The United States 
     voted against final adoption of the Rome Statute.
       (2) As of April 30, 2001, 139 countries had signed the Rome 
     Statute and 30 had ratified it. Pursuant to Article 126 of 
     the Rome Statute, the statute will enter into force on the 
     first day of the month after the 60th day following the date 
     on which the 60th country deposits an instrument ratifying 
     the statute.
       (3) Since adoption of the Rome Statute, a Preparatory 
     Commission for the International Criminal Court has met 
     regularly to draft documents to implement the Rome Statute, 
     including Rules of Procedure and Evidence, Elements of 
     Crimes, and a definition of the Crime of Aggression.
       (4) During testimony before the Congress following the 
     adoption of the Rome Statute, the lead United States 
     negotiator, Ambassador

[[Page S5310]]

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

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

       (a) Authority To Initially Waive Sections 3005 and 3007.--
     The President is authorized to waive the prohibitions and 
     requirements of sections 3005 and 3007 for a single period of 
     1 year. A waiver under this subsection may be issued only if 
     the President at least 15 days in advance of exercising such 
     authority--
       (1) notifies the appropriate congressional committees of 
     the intention to exercise such authority; and
       (2) determines and reports to the appropriate congressional 
     committees that the International Criminal Court has entered 
     into a binding agreement that--
       (A) prohibits the International Criminal Court from seeking 
     to exercise jurisdiction over the following persons with 
     respect to actions undertaken by them in an official 
     capacity:
       (i) covered United States persons;
       (ii) covered allied persons; and
       (iii) individuals who were covered United States persons or 
     covered allied persons; and
       (B) ensures that no person described in subparagraph (A) 
     will be arrested, detained, prosecuted, or imprisoned by or 
     on behalf of the International Criminal Court.
       (b) Authority To Extend Waiver of Sections 3005 and 3007.--
     The President is authorized to waive the prohibitions and 
     requirements of sections 3005 and 3007 for successive periods 
     of 1 year each upon the expiration of a previous waiver 
     pursuant to subsection (a) or this subsection. A waiver under 
     this subsection may be issued only if the President at least 
     15 days in advance of exercising such authority--
       (1) notifies the appropriate congressional committees of 
     the intention to exercise such authority; and
       (2) determines and reports to the appropriate congressional 
     committees that the International Criminal Court--
       (A) remains party to, and has continued to abide by, a 
     binding agreement that--
       (i) prohibits the International Criminal Court from seeking 
     to exercise jurisdiction over the following persons with 
     respect to actions undertaken by them in an official 
     capacity:

       (I) covered United States persons;
       (II) covered allied persons; and
       (III) individuals who were covered United States persons or 
     covered allied persons; and

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

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

       (a) Application.--The provisions of this section--
       (1) apply only to cooperation with the International 
     Criminal Court and shall not apply to cooperation with an ad 
     hoc international criminal tribunal established by the United 
     Nations Security Council before or after the date of the 
     enactment of this Act to investigate and prosecute war crimes 
     committed in a specific country or during a specific 
     conflict; and
       (2) shall not prohibit--
       (A) any action permitted under section 3008; or
       (B) communication by the United States of its policy with 
     respect to a matter.
       (b) Prohibition on Responding to Requests for 
     Cooperation.--Notwithstanding section 1782 of title 28, 
     United States Code, or any other provision of law, no United 
     States Court, and no agency or entity of any State or local 
     government, including any court, may cooperate with the 
     International Criminal Court in response to a request for 
     cooperation submitted by the International Criminal Court 
     pursuant to the Rome Statute.
       (c) Prohibition on Transmittal of Letters Rogatory From the 
     International Criminal Court.--Notwithstanding section 1781 
     of title 28, United States Code, or any other provision of 
     law, no agency of the United States Government may transmit 
     for execution any letter rogatory issued, or other request 
     for cooperation made, by the International Criminal Court to 
     the tribunal, officer, or agency in the United States to whom 
     it is addressed.
       (d) Prohibition on Extradition to the International 
     Criminal Court.--Notwithstanding any other provision of law, 
     no agency or entity of the United States Government or of any 
     State or local government may extradite any person from the 
     United States to the International Criminal Court, nor 
     support the transfer of any United States citizen or 
     permanent resident alien to the International Criminal Court.
       (e) Prohibition on Provision of Support to the 
     International Criminal Court.--Notwithstanding any other 
     provision of law, no agency or entity of the United States 
     Government or of any State or local government, including any 
     court, may provide support to the International Criminal 
     Court.
       (f) Prohibition on Use of Appropriated Funds To Assist the 
     International Criminal Court.--Notwithstanding any other 
     provision

[[Page S5311]]

     of law, no funds appropriated under any provision of law may 
     be used for the purpose of assisting the investigation, 
     arrest, detention, extradition, or prosecution of any United 
     States citizen or permanent resident alien by the 
     International Criminal Court.
       (g) Restriction on Assistance Pursuant to Mutual Legal 
     Assistance Treaties.--The United States shall exercise its 
     rights to limit the use of assistance provided under all 
     treaties and executive agreements for mutual legal assistance 
     in criminal matters, multilateral conventions with legal 
     assistance provisions, and extradition treaties, to which the 
     United States is a party, and in connection with the 
     execution or issuance of any letter rogatory, to prevent the 
     transfer to, or other use by, the International Criminal 
     Court of any assistance provided by the United States under 
     such treaties and letters rogatory.
       (h) Prohibition on Investigative Activities of Agents.--No 
     agent of the International Criminal Court may conduct, in the 
     United States or any territory subject to the jurisdiction of 
     the United States, any investigative activity relating to a 
     preliminary inquiry, investigation, prosecution, or other 
     proceeding at the International Criminal Court.

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

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

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

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

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

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

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

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

     SEC. 3009. ALLIANCE COMMAND ARRANGEMENTS.

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

     SEC. 3010. WITHHOLDINGS.

       Funds withheld from the United States share of assessments 
     to the United Nations or any other international organization 
     during any fiscal year pursuant to section 705 of the Admiral 
     James W. Nance and Meg Donovan Foreign Relations 
     Authorization Act, Fiscal Years 2000 and

[[Page S5312]]

     2001 (as enacted by section 1000(a)(7) of Public Law 106-113; 
     113 Stat. 1501A-460), are authorized to be transferred to the 
     Embassy Security, Construction and Maintenance Account of the 
     Department of State.

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

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

     SEC. 3012. NONDELEGATION.

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

     SEC. 3013. DEFINITIONS.

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

     SEC. 3014. REPEAL OF LIMITATION.

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

     SEC. 3015. ASSISTANCE TO INTERNATIONAL EFFORTS.

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

                   TITLE IV--MAIL DELIVERY IN ALASKA

     SEC. 4001. RURAL SERVICE IMPROVEMENT.

       (a) Short Title.--This title may be cited as the ``Rural 
     Service Improvement Act of 2002''.
       (b) Findings.--Congress makes the following findings:
       (1) The State of Alaska is the largest State in the Union 
     and has a very limited system of roads connecting 
     communities.
       (2) Alaska has more pilots per capita than any other State 
     in the Union.
       (3) Pilots flying in Alaska are often the most skilled and 
     best-prepared pilots in the world.
       (4) Air travel within the State of Alaska is often hampered 
     by severe weather conditions and treacherous terrain.
       (5) The United States Government owns nearly \2/3\ of 
     Alaska's landmass, including large tracts of land separating 
     isolated communities within the State.
       (6) Such Federal ownership has inhibited the ability of 
     Alaskans to build roads connecting isolated communities.
       (7) Most communities and a large portion of the population 
     within the State can only be reached by air.
       (8) The vast majority of food items and everyday 
     necessities destined for these isolated communities and 
     populations can only be transported through the air.
       (9) The Intra-Alaska Bypass Mail system, created by 
     Congress and operated by the United States Postal Service 
     under section 5402 of title 39, United States Code, with 
     input from the Department of Transportation, connecting 
     hundreds of rural and isolated communities within the State, 
     is a critical piece of the Alaska and the national 
     transportation system. The system is like a 4-legged stool, 
     designed to--
       (A) provide the most affordable means of delivering food 
     and everyday necessities to these rural and isolated 
     communities;
       (B) establish a system whereby the Postal Service can meet 
     its obligations to deliver mail to every house and business 
     in America;
       (C) support affordable and reliable passenger service; and
       (D) support affordable and reliable nonmail freight 
     service.
       (10) Without the Intra-Alaska Bypass Mail system--
       (A) it would be difficult and more expensive for the Postal 
     Service to meet its obligation of delivering mail to every 
     house and business in America; and
       (B) food, medicine, freight, and everyday necessities and 
     passenger service for these rural and isolated communities 
     would cost several times the current level.
       (11) Attempts by Congress to support passenger and nonmail 
     freight service in Alaska using the Intra-Alaska Bypass Mail 
     system have yielded some positive results, but some carriers 
     have been manipulating the system by carrying few, if any, 
     passengers and little nonmail

[[Page S5313]]

     freight while earning most of their revenues from the 
     carriage of nonpriority bypass mail.
       (12) As long as the Federal Government continues to own 
     large tracts of land within the State of Alaska which impedes 
     access across these lands to connect isolated communities, it 
     is in the best interest of the Postal Service, the residents 
     of Alaska and the United States--
       (A) to ensure that the Intra-Alaska Bypass Mail system 
     remains strong, viable, and affordable for the Postal 
     Service;
       (B) to ensure that residents of rural and isolated 
     communities in Alaska continue to have affordable, reliable, 
     and safe passenger service;
       (C) to ensure that residents of rural and isolated 
     communities in Alaska continue to have affordable, reliable, 
     and safe nonmail freight service;
       (D) to encourage that intra-Alaska air carriers move toward 
     safer, more secure, and more reliable air transportation 
     under the Federal Aviation Administration's guidelines and in 
     accordance with part 121 of title 14, Code of Federal 
     Regulations, where such operations are supported by the needs 
     of the community; and
       (E) that Congress, pursuant to the authority granted under 
     Article I, section 8 of the United States Constitution to 
     establish Post Offices and post roads, make changes to ensure 
     that the Intra-Alaska Bypass Mail system continues to be used 
     to support substantial passenger and nonmail freight service 
     and to reduce costs for the Postal Service.
       (c) Selection of Carriers of Nonpriority Bypass Mail to 
     Certain Points in Alaska.--
       (1) Definitions.--Section 5402 of title 39, United States 
     Code, is amended--
       (A) by striking subsection (e);
       (B) by redesignating subsections (a) through (d) as 
     subsections (b) through (e), respectively; and
       (C) by inserting before subsection (b), as redesignated, 
     the following:
       ``(a) In this section--
       ``(1) the term `acceptance point' means the point at which 
     nonpriority bypass mail originates;
       ``(2) the terms `air carrier', `interstate air 
     transportation', and `foreign air transportation' have the 
     meanings given such terms in section 40102(a) of title 49, 
     U.S.C.;
       ``(3) the term `base fare' is the fare paid to the carrier 
     issuing the passenger ticket or carrying nonmail freight 
     which may entail service being provided by more than 1 
     carrier;
       ``(4) the term `bush carrier' means a carrier operating 
     aircraft certificated within the payload capacity 
     requirements of subsection (g)(1)(D)(i) on a city pair route;
       ``(5) the term `bush passenger carrier' means a passenger 
     carrier that meets the requirements of subsection 
     (g)(1)(D)(i) and provides passenger service on a city pair 
     route;
       ``(6) the term `bush route' means an air route in which 
     only a bush carrier is tendered nonpriority bypass mail 
     between the origination point, being either an acceptance 
     point or a hub, as determined by the Postal Service, and the 
     destination city;
       ``(7) the term `city pair' means service between an origin 
     and destination city pair;
       ``(8) the term `composite rate'--
       ``(A) means a combination of mainline and bush rates paid 
     to a bush carrier for a direct flight from an acceptance 
     point to a bush destination beyond a hub point; and
       ``(B) shall be based on the mainline rate paid to the hub, 
     plus the lowest bush rate paid to bush carriers in the State 
     of Alaska;
       ``(9) the term `equitable tender' means the practice of the 
     Postal Service of equitably distributing mail on a fair and 
     reasonable basis between those air carriers that offer 
     equivalent services and costs between 2 communities in 
     accordance with the regulations of the Postal Service;
       ``(10) the term `existing mainline carrier' means a 
     mainline carrier (as defined in this section) that on January 
     1, 2001, was--
       ``(A) certified under part 121;
       ``(B) qualified to provide mainline nonpriority bypass mail 
     service; and
       ``(C) actually engaged in the carriage of mainline 
     nonpriority bypass mail through scheduled service within the 
     State of Alaska;
       ``(11) the term `freight service' means the transport of 
     cargo that otherwise cannot be carried on a qualified 
     passenger aircraft because of--
       ``(A) size or weight restrictions imposed on the aircraft 
     or carrier providing the service; or
       ``(B) prohibitions on the carriage of passengers and 
     hazardous materials on the same flight;
       ``(12) the term `mainline carrier' means a carrier 
     operating aircraft under part 121 and certificated within the 
     payload capacity requirements of subsection (g)(1)(D)(ii) on 
     a given city pair route;
       ``(13) the term `mainline route' means a city pair in which 
     a mainline carrier is tendered nonpriority bypass mail;
       ``(14) the term `new', when referencing a carrier, means a 
     carrier that--
       ``(A) meets the respective requirements of subsection 
     (g)(1)(D)(i) or (ii), depending on the type of route being 
     served and the size of aircraft being used to provide 
     service; and
       ``(B) began providing nonpriority bypass mail service on a 
     city pair route within the State of Alaska after January 1, 
     2001;
       ``(15) the term `part 121' means part 121 of title 14, Code 
     of Federal Regulations;
       ``(16) the term `part 135' means part 135 of title 14, Code 
     of Federal Regulations;
       ``(17) the term `scheduled service' means--
       ``(A) flights are operated in common carriage available to 
     the general public under a published schedule;
       ``(B) flight schedules are announced in advance to the 
     general public in systems specified by the Postal Service, in 
     addition to the Official Airline Guide or the air cargo 
     equivalent of that Guide;
       ``(C) flights depart whether full or not; and
       ``(D) customers contract for carriage separately on a 
     regular basis;
       ``(18) the term `Secretary' means the Secretary of 
     Transportation;
       ``(19) the term `121 bush passenger carrier' means a bush 
     passenger carrier providing passenger service on bush routes 
     under part 121;
       ``(20) the term `121 mainline passenger carrier' means a 
     mainline carrier providing passenger service through 
     scheduled service on routes under part 121;
       ``(21) the term `121 passenger aircraft' means an aircraft 
     flying passengers on a city pair route that is operated under 
     part 121;
       ``(22) the term `121 passenger carrier' means a passenger 
     carrier that provides scheduled service under part 121;
       ``(23) the term `135 bush passenger carrier' means a bush 
     passenger carrier providing passenger service through 
     scheduled service on bush routes under part 135; and
       ``(24) the term `135 passenger carrier' means a passenger 
     carrier that provides scheduled service under part 135.''.
       (2) Requirements for selection.--Section 5402(g)(1) of 
     title 39, United States Code, is amended--
       (A) in the matter preceding subparagraph (A), by inserting 
     after ``in the State of Alaska,'' the following: ``shall 
     adhere to an equitable tender policy within a qualified group 
     of carriers, in accordance with the regulations of the Postal 
     Service, and'';
       (B) in subparagraph (C) by striking ``to the best'' and all 
     that follows and inserting a semicolon; and
       (C) in subparagraph (D) by inserting ``with at least 3 
     scheduled (noncontract) flights per week between two points'' 
     after ``scheduled service''.
       (3) Application of rates.--Section 5402(g)(2) of title 39, 
     United States Code, is amended--
       (A) by striking ``and'' at the end of subparagraph (A);
       (B) by striking the period at the end of subparagraph (B) 
     and inserting a semicolon; and
       (C) by adding at the end the following:
       ``(C) shall offer a bush passenger carrier providing 
     service on a route between an acceptance point and a hub not 
     served by a mainline carrier the opportunity to receive 
     equitable tender of nonpriority bypass mail at mainline 
     service rates when a mainline carrier begins serving that 
     route if the bush passenger carrier--
       ``(i) meets the requirements of paragraph (1);
       ``(ii) provided at least 20 percent of the passenger 
     service (as calculated in subsection (h)(5)) between such 
     city pair for the 6 months immediately preceding the date on 
     which the bush carrier seeks such tender; and
       ``(iii) continues to provide not less than 20 percent of 
     the passenger service on the city pair while seeking such 
     tender;
       ``(D) shall offer bush passenger carriers and nonmail 
     freight carriers the opportunity to receive equitable tender 
     of nonpriority bypass mail at mainline service rates from a 
     hub point to a destination city if the city pair is also 
     being served by a mainline carrier and--
       ``(i) for a passenger carrier--
       ``(I) the carrier meets the requirements of paragraph (1);
       ``(II) the carrier provided at least 20 percent of the 
     passenger service (as calculated in subsection (h)(5)) on the 
     city pair route for the 6 months immediately preceding the 
     date on which the carrier seeks such tender; and
       ``(III) the carrier continues to provide not less than 20 
     percent of the passenger service on the route; or
       ``(ii) for a nonmail freight carrier--
       ``(I) the carrier meets the requirements of paragraph (1); 
     and
       ``(II) the carrier provided at least 25 percent of the 
     nonmail freight service (as calculated in subsection (i)(6)) 
     on the city pair route for the 6 months immediately preceding 
     the date on which the carrier seeks such tender;
       ``(E)(i) shall not offer equitable tender of nonpriority 
     mainline bypass mail at mainline rates to a bush carrier 
     operating from an acceptance point to a hub point, except as 
     described in subparagraph (C); and
       ``(ii) may tender nonpriority bypass mail at bush rates to 
     a bush carrier if the Postal Service determines that--
       ``(I) the bush carrier meets the requirements of paragraph 
     (1);
       ``(II) the service to be provided on such route by the bush 
     carrier is not otherwise available through direct mainline 
     service; and
       ``(III) tender of mail to such bush carrier will not 
     decrease the efficiency of nonpriority bypass mail service 
     (in terms of payments to all carriers providing service on 
     the city pair route and timely delivery) for the route;
       ``(F) may offer tender of nonpriority bypass mail to a 
     passenger carrier from an acceptance point to a destination 
     city beyond a hub point at a composite rate if the Postal 
     Service determines that--
       ``(i) the carrier provides passenger service in accordance 
     with the requirements of subsection (h)(2);
       ``(ii) the carrier qualifies under subsection (h) to be 
     tendered nonpriority bypass mail out of the hub point being 
     bypassed;
       ``(iii) the tender of such mail will not decrease 
     efficiency of delivery of nonpriority bypass mail service 
     into or out of the hub point being bypassed; and
       ``(iv) such tender will result in reduced payments to the 
     carrier by the Postal Service over flying the entire route; 
     and
       ``(G) notwithstanding subparagraph (F), shall offer 
     equitable tender of nonpriority mail in proportion to 
     passenger and nonmail freight mail pools described in this 
     section between qualified passenger and nonmail freight 
     carriers on a route from an acceptance point to a bush 
     destination at a composite rate if--
       ``(i)(I) for a passenger carrier, the carrier receiving the 
     composite rate provided 20 percent of

[[Page S5314]]

     the passenger service on the city pair route for the 12 
     months immediately preceding the date on which the carrier 
     seeks tender of such mail; or
       ``(II) for a nonmail freight carrier, the carrier receiving 
     the composite rate provided at least 25 percent of the 
     nonmail freight service for the 12 months immediately 
     preceding the date on which the carrier seeks tender of such 
     mail; and
       ``(ii)(I) nonpriority mail was being tendered to a 
     passenger carrier or a nonmail freight carrier at a composite 
     rate on such city pair route on January 1, 2000; or
       ``(II) the hub being bypassed was not served by a mainline 
     carrier on January 1, 2000.

     The tender of nonpriority bypass mail under subparagraph (G) 
     shall be on an equitable basis between the qualified carriers 
     that provide the direct service on the city pair route and 
     the qualified carriers that provide service between the hub 
     point being bypassed and the destination point, based on the 
     volume of nonpriority bypass mail on both routes.''.
       (4) Selection of carriers to hub points.--Section 5402(g) 
     of title 39, United States Code, is amended by adding at the 
     end the following:
       ``(4)(A) Except as provided under subparagraph (B) and 
     paragraph (5), the Postal Service shall select only existing 
     mainline carriers to provide nonpriority bypass mail service 
     between an acceptance point and a hub point in the State of 
     Alaska.
       ``(B) The Postal Service may select a carrier other than an 
     existing mainline carrier to provide nonpriority bypass mail 
     service on a mainline route in the State of Alaska if--
       ``(i) the Postal Service determines (in accordance with 
     criteria established in advance by the Postal Service) that 
     the mail service between the acceptance point and the hub 
     point is deficient and provides written notice of the 
     determination to existing mainline carriers to the hub point; 
     and
       ``(ii) after the 30-day period following issuance of notice 
     under clause (i), including notice of inadequate capacity, 
     the Postal Service determines that deficiencies in service to 
     the hub point have not been eliminated.
       ``(5)(A) The Postal Service shall offer equitable tender of 
     nonpriority bypass mail to a new 121 mainline passenger 
     carrier entering a mainline route in the State of Alaska, if 
     that carrier--
       ``(i) meets the requirements of subsection (g)(1)(D)(ii); 
     and
       ``(ii) has provided at least 50 percent of the number of 
     insured passenger seats as the number of available passenger 
     seats being provided by the mainline passenger carrier 
     providing the greatest number of available passenger seats on 
     that route for the 6 months immediately preceding the date on 
     which such carrier seeks tender.
       ``(B) A new 121 mainline passenger carrier that is tendered 
     nonpriority mainline bypass mail under subparagraph (A)--
       ``(i) shall be eligible for equitable tender of such mail 
     only on city pair routes where the carrier meets the 
     conditions of subparagraph (A);
       ``(ii) may not count the passenger service provided under 
     subparagraph (A) toward the carrier meeting the minimum 
     requirements of this section; and
       ``(iii) shall provide at least 20 percent of the passenger 
     service (as determined for bush passenger carriers in 
     subsection (h)(5)) on such route to remain eligible to be 
     tendered nonpriority mainline bypass mail.
       ``(C) Notwithstanding paragraphs (1)(B) and (5)(A), a new 
     121 mainline passenger carrier, otherwise qualified under 
     this subsection, may immediately receive equitable tender of 
     nonpriority mainline bypass mail to a hub point if it meets 
     the requirements of subsections (g)(1) (A), (C), and (D) and 
     (h)(2)(B) and--
       ``(i) all qualified 121 mainline passenger carriers 
     discontinue service on that city pair route; or
       ``(ii) no 121 mainline passenger carrier serves that city 
     pair route.
       ``(D) A carrier operating under a code share agreement on 
     the date of enactment of the Rural Service Improvement Act of 
     2002 that received tender of nonpriority mainline bypass mail 
     on a city pair route may count the passenger service provided 
     under the entire code share arrangement on such route if the 
     code share agreement terminates. That carrier shall continue 
     to provide at least 20 percent of the passenger service (as 
     determined for bush passenger carriers in subsection (h)(5)) 
     between the city pair as a 121 mainline passenger carrier 
     while seeking such tender.
       ``(6)(A) Notwithstanding subsection (g)(1)(B), passenger 
     carriers providing Essential Air Service under a Department 
     of Transportation order issued under subchapter II of chapter 
     417 of title 49, U.S.C., shall be tendered all nonpriority 
     mail, in addition to all nonpriority bypass mail, by the 
     Postal Service to destination cities served by the Essential 
     Air Service flights consistent with that order unless the 
     Postal Service finds that the Essential Air Service carrier's 
     service does not meet the needs of the Postal Service.
       ``(B) Service provided under this paragraph, including 
     service provided to points served in conjunction with service 
     being subsidized under the Essential Air Service contract, 
     may not be applied toward any of the minimum eligibility 
     requirements of this section.''.
       (5) Selection of carriers to bush points.--Section 5402 of 
     title 39, United States Code, is amended by adding at the end 
     the following:
       ``(h)(1) Except as provided under paragraph (7), on a given 
     city pair route, the Postal Service shall offer equitable 
     tender of 70 percent of the nonpriority bypass mail on that 
     route to all carriers providing scheduled passenger service 
     in accordance with part 121 or part 135 that--
       ``(A) meet the requirements of subsection (g)(1);
       ``(B) provided 20 percent or more of the passenger service 
     (as calculated in paragraph (5)) between the city pair for 
     the 12 months preceding the date on which the 121 passenger 
     aircraft or the 135 passenger carrier seek tender of 
     nonpriority bypass mail; and
       ``(C) meet the requirements of paragraph (2).
       ``(2) To remain eligible for equitable tender under this 
     subsection, the carrier or aircraft shall--
       ``(A) continue to provide not less than 20 percent of the 
     passenger service on the city pair route for which the 
     carrier is seeking the tender of such nonpriority bypass 
     mail;
       ``(B)(i) for operations under part 121, operate aircraft 
     type certificated to carry at least 19 passengers;
       ``(ii) for operations under part 135, operate aircraft type 
     certificated to carry at least 5 passengers; or
       ``(iii) for operations under part 135 where only a water 
     landing is available, operate aircraft type certificated to 
     carry at least 3 passengers;
       ``(C) insure all available passenger seats on the city pair 
     route on which the carrier seeks tender of such mail; and
       ``(D) operate flights under its published schedule.
       ``(3)(A) Except as provided under subparagraph (E), if a 
     135 passenger carrier serves a city pair route and meets the 
     requirements of paragraph (1) or (2) when a 121 passenger 
     carrier becomes qualified to be tendered nonpriority bypass 
     mail on such route with a 121 passenger aircraft in 
     accordance with paragraphs (1) and (2), the qualifying 135 
     passenger carriers on that route shall convert to operations 
     with a 121 passenger aircraft within 5 years after the 121 
     passenger aircraft begins receiving tender on that route in 
     order to remain eligible for equitable tender under paragraph 
     (1). The 135 carrier shall--
       ``(i) begin the process of conversion not later than 2 
     years after the 121 passenger aircraft begins carrying 
     nonpriority bypass mail on that route; and
       ``(ii) submit a part 121 compliance statement not later 
     than 4 years after the 121 passenger aircraft begins carrying 
     nonpriority bypass mail on that route.
       ``(B) Completion of conversion under subparagraph (A) shall 
     not be required if all 121 passenger carriers discontinue the 
     carriage of nonpriority bypass mail with 121 passenger 
     aircraft on the city pair route.
       ``(C) Any qualified carrier operating in the State of 
     Alaska under this section may request a waiver from 
     subparagraph (A). Such a request, at the discretion of the 
     Secretary, may be granted for good cause shown. The 
     requesting party shall state the basis for such a waiver.
       ``(D) If 6 years and 3 months after the date of enactment 
     of the Rural Service Improvement Act of 2002, a 135 passenger 
     carrier is providing service on a city pair route and a 121 
     passenger aircraft becomes eligible to receive tender of 
     nonpriority bypass mail on that route, that 135 passenger 
     carrier shall convert to operations under part 121 within 12 
     months of the 121 passenger carrier being tendered 
     nonpriority bypass mail. The Postal Service shall not 
     continue the tender of nonpriority bypass mail to a 135 
     passenger carrier that fails to convert to part 121 
     operations within 12 months after the 121 passenger carrier 
     being tendered such mail under this paragraph.
       ``(E) Notwithstanding the requirements of this subsection, 
     if only 1 passenger carrier or aircraft is qualified to be 
     tendered nonpriority bypass mail as a passenger carrier or 
     aircraft on a city pair route, the Postal Service shall 
     tender 20 percent of the nonpriority bypass mail described 
     under paragraph (1) to the passenger carrier or aircraft 
     providing the next highest level of passenger service on such 
     route.
       ``(4) Qualification for the tender of mail under this 
     subsection shall not be counted toward the minimum 
     qualifications necessary to be tendered nonpriority bypass 
     mail on any other route.
       ``(5)(A)(i) In this section, the percent of the passenger 
     service shall be calculated using the data described under 
     clause (ii). To ensure accurate reporting of market share the 
     Postal Service shall compare the resulting percentage to the 
     data collected under subsection (k). Any carrier purposefully 
     falsifying data or significantly misstating market share in 
     an attempt to qualify for tender of nonpriority bypass mail 
     may be subject to penalties described in subsection (o).
       ``(ii) The Postal Service shall calculate the percent of 
     passenger service provided by a carrier on a city pair route 
     by calculating the lesser of--
       ``(I) the amount of the passenger excise tax paid by or on 
     behalf of a carrier, as determined by reviewing the collected 
     amount of base fares for passengers actually flown by a 
     carrier from the origination point to the destination point, 
     divided by the value of the total passenger excise taxes, as 
     determined by reviewing the collected amount of base fares 
     paid by or on behalf of all passenger carriers providing 
     service from the hub point to the bush destination point; or
       ``(II) the amount of half of the passenger excise tax paid 
     by or on behalf of a carrier, as determined by reviewing the 
     collected amount of base fares for passengers actually flown 
     by a carrier on the city pair route, divided by the value of 
     the total passenger excise taxes, as determined by reviewing 
     the collected amount of base fares paid by or on behalf of 
     all passenger carriers providing service between the 
     origination point and the destination point.
       ``(B) For the purposes of calculating passenger service as 
     described under subparagraph (A), a bush passenger carrier 
     providing intervillage bush passenger service may include the 
     carriage of passengers carried along any point of the route 
     between the route's origination point and the final 
     destination point. Such calculation shall be based only on 
     the carriage of passengers on regularly scheduled flights and 
     only on flights being flown in a direction away from

[[Page S5315]]

     the hub point. Passenger service provided on chartered 
     flights shall not be included in the carrier's calculation of 
     passenger service.
       ``(6)(A) The Secretary shall establish new bush rates for 
     passenger carriers receiving tender of nonpriority bypass 
     mail under this subsection.
       ``(B) The Secretary shall establish a bush rate based on 
     data collected under subsection (k) from 121 bush passenger 
     carriers. Such rates shall be paid to all bush passenger 
     carriers operating on city pair routes where a 121 bush 
     passenger carrier is tendered nonpriority bypass mail.
       ``(C) The Secretary shall establish a bush rate based on 
     data collected under subsection (k) from 135 bush passenger 
     carriers. Such rates shall be paid to all bush passenger 
     carriers operating on city pair routes where no 121 bush 
     passenger carrier is tendered nonpriority bypass mail.
       ``(D) The Secretary shall establish a bush rate based on 
     data collected under subsection (k) from bush passenger 
     carriers operating aircraft on city pair routes where only 
     water landings are available. Such rates shall be paid to all 
     bush passenger carriers operating on the city pair routes 
     where only water landings are available.
       ``(7) The percentage rate in paragraph (1) shall be 75 
     percent 3 years and 3 months after the date of enactment of 
     the Rural Service Improvement Act of 2002.
       ``(i)(1) Except as provided under paragraph (7), on a given 
     city pair route, the Postal Service shall offer equitable 
     tender of 20 percent of the nonpriority bypass mail on such 
     route to those carriers transporting 25 percent or more of 
     the total nonmail freight (in revenue or weight as determined 
     by the Postal Service), for the 12 months immediately 
     preceding the date on which the freight carrier seeks tender 
     of nonpriority bypass mail.
       ``(2) To remain eligible for equitable tender under this 
     subsection, a freight carrier shall continue to provide not 
     less than 25 percent of the nonmail freight service on the 
     city pair route for which the carrier is seeking tender of 
     such mail.
       ``(3) If a new freight carrier enters a market, that 
     freight carrier shall meet the minimum requirements of 
     subsection (g)(1) and shall operate for 12 months on a given 
     city pair route before being eligible for equitable tender of 
     nonpriority bypass mail on that route.
       ``(4) If no carrier qualifies for tender of nonpriority 
     bypass mail under this subsection, such mail to be divided 
     under this subsection, as described in paragraph (1), shall 
     be tendered to the nonmail freight carrier providing the 
     highest percentage of nonmail freight service (in terms of 
     revenue or weight as determined by the Postal Service as 
     calculated under paragraph (6)) on the city pair route. If no 
     nonmail freight carrier is present on a route to receive 
     tender of nonpriority bypass mail under this paragraph, the 
     nonpriority bypass mail to be divided under paragraph (1) 
     shall be divided equitably among carriers qualified under 
     subsection (h).
       ``(5) Qualification for the tender of mail under this 
     subsection shall not be counted toward the minimum 
     qualifications necessary to be tendered nonpriority bypass 
     mail on any other route.
       ``(6)(A) In this subsection, the percent of nonmail freight 
     shall be determined by calculating the lesser of--
       ``(i) the amount of the freight excise tax paid by or on 
     behalf of a carrier, as determined by reviewing the collected 
     amount of base fares for nonmail freight actually flown by a 
     carrier from the origination point to the destination point, 
     divided by the value of the total nonmail freight excise 
     taxes, as determined by reviewing the collected amount of 
     base fares paid by or on behalf of all nonmail freight 
     carriers providing service from the origination point to the 
     destination point; or
       ``(ii) the amount of half of the nonmail freight excise tax 
     paid by or on behalf of a carrier, as determined by reviewing 
     the collected amount of base fares for nonmail freight 
     actually flown by a carrier on the city pair route, divided 
     by the value of the total nonmail freight excise taxes, as 
     determined by reviewing the collected amount of base fares 
     paid by or on behalf of all nonmail freight carriers 
     providing service on the city pair route.
       ``(B) To ensure accurate reporting of market share the 
     Postal Service shall compare the resulting percentage under 
     subparagraph (A) to the percent of nonmail freight carried on 
     a city pair route as calculated from data provided pursuant 
     to subsection (k), by dividing the revenue of, or weight of 
     (as determined by the Postal Service), nonmail freight earned 
     by or carried by a carrier from the transport of nonmail 
     freight from an origination point to a destination point by 
     the total amount of revenue earned, or the weight of, nonmail 
     freight carried (as determined by the Postal Service) by all 
     carriers from the transport of nonmail freight from the 
     origination point to the destination point. Any carrier 
     purposefully falsifying data or significantly misstating 
     market share in an attempt to qualify for tender of 
     nonpriority bypass mail may be subject to penalties described 
     in subsection (o).
       ``(7) The percentage rate in paragraph (1) shall be 25 
     percent 3 years and 3 months after the date of enactment of 
     the Rural Service Improvement Act of 2002.
       ``(j)(1) Except as provided by paragraph (3), there shall 
     be equitable tender of 10 percent of the nonpriority bypass 
     mail to all carriers on each city pair route meeting the 
     requirements of subsection (g)(1) that do not otherwise 
     qualify for tender under subsection (h) or (i).
       ``(2) If no carrier qualifies under this subsection with 
     respect to a city pair route, the 10 percent of nonpriority 
     bypass mail allocated under paragraph (1) shall be divided 
     evenly between the pools described under subsections (h) and 
     (i) to be equitably tendered among qualified carriers under 
     such subsections, such that--
       ``(A) the amount of nonpriority bypass mail available for 
     tender among qualified carriers under subsection (h) shall be 
     75 percent; and
       ``(B) the amount of nonpriority bypass mail available for 
     tender among qualified carriers under subsection (i) shall be 
     25 percent.
       ``(3)(A) Except as provided by subparagraph (B), the 
     percentage rate under paragraph (1) shall be 0 percent 3 
     years and 3 months after the date of enactment of the Rural 
     Service Improvement Act of 2002.
       ``(B) The percentage rate under paragraph (1) shall remain 
     10 percent for equitable tender for 6 years and 3 months 
     after the date of enactment of the Rural Service Improvement 
     Act of 2002 for a nonpriority bypass mail carrier on bush 
     routes originating from the main hub of the carrier 
     designated under subparagraph (C), if the carrier seeking the 
     tender of such mail--
       ``(i) meets the requirements of subsection (g)(1);
       ``(ii) is not qualified under subsection (h) or (i);
       ``(iii) operates routes originating from the main hub of 
     the carrier designated under subparagraph (C); and
       ``(iv) has invested at least $500,000 in a physical hanger 
     facility prior to January 1, 2002 in such a hub city.
       ``(C) For purposes of subparagraph (B), a carrier may 
     designate only one hub city as its main hub and once such 
     designation is transmitted to the Postal Service it may not 
     be changed. Such selection and transmission must be 
     transmitted to the Postal Service within 6 months of the date 
     of enactment of the Rural Service Improvement Act of 2002. A 
     carrier attempting to receive tender of nonpriority bypass 
     mail under this subsection shall not be eligible for such 
     tender after the carrier becomes qualified for tender of 
     nonpriority bypass mail under subsection (h) or (i) on any 
     route. The purchase of another carrier's hanger facility 
     after such date of enactment shall not be considered 
     sufficient to meet the requirement of subparagraph (B)(iv).
       ``(k)(1) Not less than every 2 years, in conjunction with 
     annual updates, the Secretary shall review the need for a 
     bush mail rate investigation. The Secretary shall use show 
     cause procedures to speedily and more accurately determine 
     the cost of providing bush mail service. In determining such 
     rates, the Secretary shall not take into account the cost of 
     passenger insurance rates or premiums paid by the passenger 
     carriers or other costs associated with passenger service.
       ``(2) In order to assure sufficient, reliable, and timely 
     traffic data to meet the requirements of this subsection, the 
     Secretary shall require--
       ``(A) the monthly submission of the bush carrier's data on 
     T-100 diskettes, or any other suitable form of data 
     collection, as determined by the Secretary; and
       ``(B) the carriers to retain all books, records, and other 
     source and summary documentation to support their reports and 
     to preserve and maintain such documentation in a manner that 
     readily permits the audit and examination by representatives 
     of the Postal Service or the Secretary.
       ``(3) Documentation under paragraph (2) shall be retained 
     for 7 years or until the Secretary indicates that the records 
     may be destroyed. Copies of flight logs for aircraft sold or 
     disposed of shall be retained.
       ``(4) Carriers qualified to be tendered nonpriority bypass 
     mail shall submit to the Secretary the number and type of 
     aircraft in the carrier's fleet, the level of passenger 
     insurance covering its fleet, and the name of the insurance 
     company providing such coverage.
       ``(5) Not later than 30 days after the last day of each 
     calendar month, carriers shall report to the Secretary the 
     excise taxes paid by city pair to the Department of the 
     Treasury and the weight of and revenue earned by the carriage 
     of nonmail freight. Final compiled data shall be made 
     available to carriers providing service in the hub.
       ``(l) No qualified carrier may be tendered nonpriority 
     bypass mail under subsections (h) and (i) simultaneously on a 
     route unless no other carrier is tendered mail under either 
     subsection.
       ``(m)(1) Carriers qualifying for tender under subsections 
     (h) and (i) simultaneously shall be tendered nonpriority 
     bypass mail under subsection (h).
       ``(2) A carrier shall be tendered nonpriority bypass mail 
     under subsection (i) if that carrier--
       ``(A) was qualified under both subsections (h) and (i) 
     simultaneously; and
       ``(B) becomes unqualified under subsection (h) but remains 
     qualified under subsection (i).
       ``(n)(1) A carrier operation resulting from a merger or 
     acquisition between any 2 carriers operating between points 
     in Alaska shall have the passenger and nonmail freight of all 
     such merged or acquired carriers on the applicable route 
     counted toward meeting the resulting carrier's minimum 
     requirements to receive equitable tender of nonpriority 
     bypass mail on such route for the 12-month period following 
     the merger or acquisition.
       ``(2) After the 12-month period described under paragraph 
     (1), the carrier resulting from the merger or acquisition 
     shall demonstrate that the carrier meets the minimum 
     passenger or nonmail freight carriage requirements of this 
     section to continue receiving tender of such mail.
       ``(o) In addition to any penalties applied to a carrier by 
     the Federal Aviation Administration or the Secretary, any 
     carrier that significantly misstates passenger or nonmail 
     freight data required to be reported under this section on 
     any route, in an attempt to qualify for tender of nonpriority 
     bypass mail, shall receive--
       ``(1) a 1-month suspension of tender of nonpriority bypass 
     mail on the route where the data was misstated for the first 
     offense;
       ``(2) a 6-month suspension of tender of nonpriority bypass 
     mail on the route where the data was misstated for the second 
     offense;

[[Page S5316]]

       ``(3) a 1-year suspension of tender of all nonpriority 
     bypass mail in the entire State of Alaska for the third 
     offense in the State; and
       ``(4) a permanent suspension of tender of all nonpriority 
     bypass mail in the entire State of Alaska for the fourth 
     offense in the State.
       ``(p)(1) The Postal Service or the Secretary, in carrying 
     out subsection (g)(2), (h), or (i), may deny equitable tender 
     to an otherwise qualified carrier who does not operate under 
     this section in good faith or under the intent of the `Rural 
     Service Improvement Act of 2002'.
       ``(2) The Postal Service or the Secretary may waive any 
     provision of subsection (h) or (i), if the carrier provides 
     substantial passenger or nonmail freight service on the route 
     where the carrier seeks tender of nonpriority mail and 
     nonpriority bypass mail.
       ``(3) To ensure adequate competition among passenger and 
     nonmail freight carriers on a mainline route the Postal 
     Service or the Secretary may waive the requirements of 
     subsection (g) (1)(D), (2)(E), (4), or (5), or any provision 
     of subsection (h), if--
       ``(A) a 121 bush passenger carrier seeks tender of 
     nonpriority mail or nonpriority bypass mail on a mainline 
     route not served by a 121 mainline passenger carrier and the 
     121 bush passenger carrier provides substantial passenger or 
     nonmail freight service on the route; or
       ``(B) a carrier meeting the requirements of subsection 
     (g)(1)(D)(ii) seeks tender of nonpriority bypass mail and 
     provides substantial nonmail freight service on the city pair 
     route.

     Waivers granted under this paragraph shall cease to be valid 
     once a qualified mainline carrier begins providing service 
     and seeks tender of nonpriority bypass mail in accordance 
     with this section on the city pair route. The receipt of 
     waivers and subsequent operation of service on a city pair 
     route under this subsection shall not be counted toward 
     meeting the requirements of any part of this section for any 
     other city pair route. In granting waivers under this 
     paragraph and offering equitable tender of nonpriority bypass 
     mail the Postal Service or the Secretary shall give 
     preference to passenger service needs over nonmail freight 
     needs on a city pair route.
       ``(4) In granting waivers for or denying tender to carriers 
     under this subsection, the Postal Service or the Secretary 
     shall consider in the following order of importance--
       ``(A) the passenger needs of the destination to be served 
     (including amount and level);
       ``(B) the nonmail freight needs of the destination to be 
     served;
       ``(C) the amount of nonpriority bypass mail service already 
     available to the destination;
       ``(D) the mail needs of the destination to be served;
       ``(E) the savings to the Postal Service in terms of 
     payments made to carriers;
       ``(F) the amount or level of passenger service already 
     available to the destination; and
       ``(G) the amount of nonmail freight service already 
     available to the destination.
       ``(q) The Secretary shall make a regular review of carriers 
     receiving, or attempting to qualify to receive, equitable 
     tender of nonpriority bypass mail. If the Secretary suspends 
     or revokes an operating certificate, the Secretary shall 
     notify the Postal Service. Upon such notification, the Postal 
     Service shall cease tender of mail to such carrier until the 
     Secretary certifies the carrier is operating in a safe 
     manner. Upon such receipt, the carrier shall demonstrate that 
     it otherwise meets the minimum carriage requirements of this 
     section before being tendered mail under this section.
       ``(r) The Postal Service shall have the authority to tender 
     nonpriority bypass mail to any carrier that meets the 
     requirements of subsection (g)(1) on any route on an 
     emergency basis. Such emergency tender shall cease when a 
     carrier qualifies for tender on such route under the terms of 
     this section.
       ``(s) Notwithstanding any other provision of law, and 
     except for written contracts authorized under subsections 
     (b), (c) and (d) of this section, tender by the Postal 
     Service of any category of mail to a carrier for 
     transportation between any two points within the State of 
     Alaska shall not give rise to any contract between the Postal 
     Service and a carrier, nor shall any such carrier acquire any 
     right in continued or future tender of such mail by virtue of 
     past or present receipt of such mail. This subsection shall 
     apply to any case commenced before, on, or after the date of 
     enactment of this subsection.''.
       (d) Actions of Air Carriers To Qualify.--Beginning 6 months 
     after the date of enactment of this Act, if the Secretary 
     determines, based on the Secretary's findings and 
     recommendations of the Postal Service, that an air carrier 
     being tendered nonpriority bush bypass mail is not taking 
     actions to attempt to qualify as a bush passenger or nonmail 
     freight carrier under section 5402 of title 39, United States 
     Code (as amended by this title), the Postal Service shall 
     immediately cease tender of all nonpriority bypass mail to 
     such carrier.
       (e) Technical and Conforming Amendments.--
       (1) Title 39.--Section 5402 of title 39, United States 
     Code, is amended--
       (A) in subsections (b) through (e) (as redesignated by this 
     title) and subsection (f) by striking ``Secretary of 
     Transportation'' each place it appears and inserting 
     ``Secretary''; and
       (B) in subsection (f)--
       (i) by striking ``subsections (a), (b), and (c)'' and 
     inserting ``subsections (b), (c), and (d)''; and
       (ii) by striking ``subsection (d)'' and inserting 
     ``subsection (e)''.
       (2) Title 49.--Section 41901 of title 49, United States 
     Code, is amended in subsection (a), by striking ``5402(d)'' 
     and inserting ``5402(e)''.
       (f) Reports to Congress.--Not later than 12 months after 
     the date of enactment of this Act, the Postal Service and the 
     Secretary of Transportation shall submit a report to the 
     Committee on Government Reform of the House of 
     Representatives and the Committee on Governmental Affairs of 
     the Senate on the progress of implementing this title.
       (g) Effective Dates.--
       (1) In general.--Except as provided under paragraph (2), 
     this title (including the amendments made by this title) 
     shall take effect on the date of enactment of this Act.
       (2) Selection of carriers.--Subsection (c)(5) shall take 
     effect 15 months after the date of enactment of this Act.
       This Act may be cited as the ``2002 Supplemental 
     Appropriations Act for Further Recovery From and Response To 
     Terrorist Attacks on the United States''.

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