[Congressional Record (Bound Edition), Volume 148 (2002), Part 10]
[House]
[Pages 13635-13687]
[From the U.S. Government Publishing Office, www.gpo.gov]



[[Page 13635]]

             HOUSE OF REPRESENTATIVES--Friday, July 19, 2002

 CONFERENCE REPORT ON H.R. 4775, 2002 SUPPLEMENTAL APPROPRIATIONS ACT 
  FOR FURTHER RECOVERY FROM AND RESPONSE TO TERRORIST ATTACKS ON THE 
                             UNITED STATES

  Pursuant to the order of the House of Thursday, July 18, 2002, Mr. 
Young of Florida submitted the following conference report and 
statements on the bill (H.R. 4775) 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:

                  Conference Report (H. Rept. 107-593)

       The committee of conference on the disagreeing votes of the 
     two Houses on the amendment of the Senate to the bill (H.R. 
     4775) ``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'' having met, after full and free conference, 
     have agreed to recommend and do recommend to their respective 
     Houses as follows:
       That the House recede from its disagreement to the 
     amendment of the Senate, and agree to the same with an 
     amendment, as follows:
       In lieu of the matter stricken and inserted by said 
     amendment, 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: Provided further, That the entire amount shall be 
     available only to the extent an official budget request that 
     includes designation of the entire amount of the request as 
     an emergency requirement as defined in the Balanced Budget 
     and Emergency Deficit Control Act of 1985, as amended, is 
     transmitted by the President to the Congress.

                     Agricultural Research Service


                         SALARIES AND EXPENSES

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


                        BUILDINGS AND FACILITIES

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

      Cooperative State Research, Education, and Extension Service


                          EXTENSION ACTIVITIES

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

               Animal and Plant Health Inspection Service


                         SALARIES AND EXPENSES

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

                   Food Safety and Inspection Service

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

                 Natural Resources Conservation Service


               WATERSHED AND FLOOD PREVENTION OPERATIONS

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

                           Rural Development


                  RURAL COMMUNITY ADVANCEMENT PROGRAM

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

                        Rural Utilities Service


            LOCAL TELEVISION LOAN GUARANTEE PROGRAM ACCOUNT

                         (including rescission)

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

                       Food and Nutrition Service


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

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


                           FOOD STAMP PROGRAM

                              (RESCISSION)

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

[[Page 13636]]



                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                      Food and Drug Administration


                         salaries and expenses

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

                    GENERAL PROVISIONS--THIS CHAPTER

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

                               CHAPTER 2

                         DEPARTMENT OF JUSTICE

                         General Administration


                         SALARIES AND EXPENSES

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


             SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

                              (RESCISSION)

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


         salaries and expenses, United States Marshals Service

       For an additional amount for ``Salaries and Expenses'' for 
     emergency expenses resulting from the September 11, 2001, 
     terrorist attacks, $37,900,000, to remain available until 
     expended: Provided, That the entire amount is designated by 
     the Congress as an emergency requirement pursuant to section 
     251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended: Provided further, That the 
     entire amount shall be available only to the extent that an 
     official budget request, that includes designation of the 
     entire amount of the request as an emergency requirement as 
     defined in the Balanced Budget and Emergency Deficit Control 
     Act of 1985, as amended, is transmitted by the President to 
     the Congress.

                       federal prisoner detention


                              (RESCISSION)

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


                         Assets Forfeiture Fund

                              (Rescission)

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

                    Federal Bureau of Investigation


                         salaries and expenses

       For an additional amount for ``Salaries and Expenses'' for 
     emergency expenses resulting from the September 11, 2001, 
     terrorist attacks, $175,000,000, to remain available until 
     September 30, 2004: Provided, That the entire amount is 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended: Provided 
     further, That $165,000,000 shall be available only to the 
     extent that an official budget request that includes 
     designation of the $165,000,000 as an emergency requirement 
     as defined in the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended, is transmitted by the 
     President to the Congress.

                 Immigration and Naturalization Service


                         salaries and expenses

                     Enforcement and Border Affairs

       For an additional amount for ``Salaries and Expenses, 
     Enforcement and Border Affairs'' for emergency expenses 
     resulting from the September 11, 2001, terrorist attacks, 
     $81,250,000, to remain available until expended, of which 
     $25,000,000 shall only be available for fleet management: 
     Provided, That the entire amount is designated by the 
     Congress as an emergency requirement pursuant to section 
     251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended: Provided further, That 
     $46,250,000 shall be available only to the extent that an 
     official budget request that includes designation of the 
     $46,250,000 as an emergency requirement as defined in the 
     Balanced Budget and Emergency Deficit Control Act of 1985, as 
     amended, is transmitted by the President to the Congress.


                              CONSTRUCTION

       For an additional amount for ``Construction'' for emergency 
     expenses resulting from the September 11, 2001, terrorist 
     attacks, $32,100,000, to remain available until expended: 
     Provided, That the entire amount is designated by the 
     Congress as an emergency requirement pursuant to section 
     251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended: Provided further, That the 
     entire amount shall be available only to the extent an 
     official budget request that includes designation of the 
     entire amount of the request as an emergency requirement as 
     defined in the Balanced Budget and Emergency Deficit Control 
     Act of 1985, as amended, is transmitted by the President to 
     the Congress.

                         Federal Prison System


                        BUILDINGS AND FACILITIES

                              (RESCISSION)

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

                       Office of Justice Programs


                           justice assistance

                         (including rescission)

       For an additional amount for ``Justice Assistance'' for 
     grants, cooperative agreements, and other assistance 
     authorized by sections 819 and 821 of the Antiterrorism and 
     Effective Death Penalty Act of 1996 and section 1014 of the 
     USA PATRIOT Act (Public Law 107-56) and for other counter-
     terrorism programs, including first responder training and 
     equipment to respond to acts of terrorism, including 
     incidents involving weapons of mass destruction or chemical 
     or biological weapons, $151,300,000, to remain available 
     until expended: Provided, That no funds

[[Page 13637]]

     under this heading shall be used to duplicate the Federal 
     Emergency Management Agency Fire Grant program: Provided 
     further, That the entire amount is designated by the Congress 
     as an emergency requirement pursuant to section 251(b)(2)(A) 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985, as amended: Provided further, That the entire amount 
     shall be available only to the extent an official budget 
     request that includes designation of the entire amount of the 
     request as an emergency requirement as defined in the 
     Balanced Budget and Emergency Deficit Control Act of 1985, as 
     amended, is transmitted by the President to the Congress.
       Of the amounts made available under this heading for the 
     Office of the Assistant Attorney General for Office of 
     Justice Programs, $600,000 are rescinded.


                  Community Oriented Policing Services

       For an amount to establish the Community Oriented Policing 
     Services' Interoperable Communications Technology Program in 
     consultation with the Office of Science and Technology within 
     the National Institute of Justice, and the Bureau of Justice 
     Assistance, for emergency expenses for activities related to 
     combating terrorism by providing grants to States and 
     localities to improve communications within, and among, law 
     enforcement agencies, $50,000,000, to remain available until 
     expended: Provided, That the entire amount is designated by 
     the Congress as an emergency requirement pursuant to section 
     251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended: Provided further, That the 
     entire amount shall be available only to the extent an 
     official budget request that includes designation of the 
     entire amount of the request as an emergency requirement as 
     defined in the Balanced Budget and Emergency Deficit Control 
     Act of 1985, as amended, is transmitted by the President to 
     the Congress.

              DEPARTMENT OF COMMERCE AND RELATED AGENCIES

                            RELATED AGENCIES

            Office of the United States Trade Representative


                         salaries and expenses

       For an additional amount for ``Salaries and Expenses'' for 
     emergency expenses for increased security requirements, 
     $1,100,000, to remain available until expended: Provided, 
     That the entire amount is designated by the Congress as an 
     emergency requirement pursuant to section 251(b)(2)(A) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985, as 
     amended: Provided further, That the entire amount shall be 
     available only to the extent that an official budget request, 
     that includes designation of the entire amount of the request 
     as an emergency requirement as defined in the Balanced Budget 
     and Emergency Deficit Control Act of 1985, as amended, is 
     transmitted by the President to the Congress.

                         DEPARTMENT OF COMMERCE

                          Bureau of the Census


                     PERIODIC CENSUSES AND PROGRAMS

                              (RESCISSION)

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

             National Institute of Standards and Technology


             scientific and Technical Research and Services

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

            National Oceanic and Atmospheric Administration


                  Operations, Research, and Facilities

                         (including rescission)

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


               Procurement, Acquisition and Construction

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


                   Fisheries Finance Program Account

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

                        Departmental Management


                         Salaries and Expenses

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

                             THE JUDICIARY

                   Supreme Court of the United States


                    CARE OF THE BUILDING AND GROUNDS

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

    Courts of Appeals, District Courts, and Other Judicial Services


                         salaries and expenses

       For an additional amount for ``Salaries and Expenses'' for 
     emergency expenses to enhance security and to provide for 
     extraordinary costs related to terrorist trials, $7,115,000, 
     to remain available until expended: Provided, That the entire 
     amount is designated by the Congress as an emergency 
     requirement pursuant to section 251(b)(2)(A) of the Balanced 
     Budget and Emergency Deficit Control Act of 1985, as amended: 
     Provided further, That $3,972,000 shall be available only to 
     the extent that an official budget request that includes 
     designation of the $3,972,000 as an emergency requirement as 
     defined in the Balanced Budget and Emergency Deficit Control 
     Act of 1985, as amended, is transmitted by the President to 
     the Congress.

                 DEPARTMENT OF STATE AND RELATED AGENCY

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs


                    Diplomatic and Consular Programs

       For an additional amount for ``Diplomatic and Consular 
     Programs'', for emergency expenses for activities related to 
     combating international terrorism, $47,450,000, to remain 
     available until September 30, 2003: Provided, That the entire 
     amount is designated by the Congress as an emergency 
     requirement pursuant to section 251(b)(2)(A) of the Balanced 
     Budget and Emergency Deficit Control Act of 1985, as amended.


               Educational and Cultural Exchange Programs

       For an additional amount for ``Educational and Cultural 
     Exchange Programs'', for emergency expenses for activities 
     related to combating international terrorism, $15,000,000, to 
     remain available until expended: Provided, That the entire 
     amount is designated by the Congress as an emergency 
     requirement pursuant to section 251(b)(2)(A) of the Balanced 
     Budget and Emergency Deficit Control Act of 1985, as amended: 
     Provided further, That $5,000,000 shall be available only to 
     the extent an official budget request that includes 
     designation of the $5,000,000 as an emergency requirement as 
     defined in the Balanced Budget and Emergency Deficit Control 
     Act of 1985, as amended, is transmitted by the President to 
     the Congress.


            Embassy Security, Construction, and Maintenance

       For an additional amount for ``Embassy Security, 
     Construction, and Maintenance'', for emergency expenses for 
     activities related to combating international terrorism, 
     $210,516,000, to remain available until expended: Provided, 
     That the entire amount is designated by the Congress as an 
     emergency requirement pursuant to section 251(b)(2)(A) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985, as 
     amended: Provided further, That $10,000,000 shall be 
     available only to the extent an official budget request that 
     includes designation of the $10,000,000 as an emergency 
     requirement as defined in the Balanced Budget and Emergency 
     Deficit Control Act of 1985, as amended, is transmitted by 
     the President to the Congress.

              International Organizations and Conferences


              Contributions to International Organizations

       For an additional amount for ``Contributions to 
     International Organizations'', for emergency

[[Page 13638]]

     expenses for activities related to combating international 
     terrorism, $7,000,000, to remain available until September 
     30, 2003: Provided, That the entire amount is designated by 
     the Congress as an emergency requirement pursuant to section 
     251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended.


        Contributions for International Peacekeeping Activities

       For an additional amount for ``Contributions for 
     International Peacekeeping Activities'' to make United States 
     peacekeeping payments to the United Nations at a time of 
     multilateral cooperation in the war on terrorism, 
     $23,034,000: Provided, That the entire amount is designated 
     by the Congress as an emergency requirement pursuant to 
     section 251(b)(2)(A) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985, as amended.

                             RELATED AGENCY

                    Broadcasting Board of Governors


                 International Broadcasting Operations

       For an additional amount for ``International Broadcasting 
     Operations'', for emergency expenses for activities related 
     to combating international terrorism, $7,400,000, to remain 
     available until September 30, 2003: Provided, That funds 
     appropriated by this paragraph shall be available 
     notwithstanding sections 308(c) and 313 of the Foreign 
     Relations Authorization Act, Fiscal Years 1994 and 1995: 
     Provided further, That the entire amount is designated by the 
     Congress as an emergency requirement pursuant to section 
     251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended.


                   Broadcasting Capital Improvements

       For an additional amount for ``Broadcasting Capital 
     Improvements'' for emergency expenses for activities related 
     to combating international terrorism, $7,700,000, to remain 
     available until expended: Provided, That funds appropriated 
     by this paragraph shall be available notwithstanding section 
     313 of the Foreign Relations Authorization Act, Fiscal Years 
     1994 and 1995.

                            RELATED AGENCIES

                      DEPARTMENT OF TRANSPORTATION

                        Maritime Administration


          maritime guaranteed loan (title XI) program account

                              (RESCISSION)

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

                   Securities and Exchange Commission


                         salaries and expenses

       For an additional amount for ``Salaries and Expenses'' to 
     respond to increased needs for enforcement and oversight of 
     corporate finance, $30,900,000 from fees collected in fiscal 
     year 2002, to remain available until expended.
       In addition, for an additional amount for ``Salaries and 
     Expenses'' for emergency expenses resulting from the 
     September 11, 2001, terrorist attacks, $9,300,000, to remain 
     available until expended: Provided, That the entire amount is 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended: Provided 
     further, That the entire amount shall be available only to 
     the extent an official budget request that includes 
     designation of the entire amount of the request as an 
     emergency requirement as defined in the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended, is 
     transmitted by the President to the Congress.

                    GENERAL PROVISIONS--THIS CHAPTER

       Sec. 201. Funds appropriated by this Act for the 
     Broadcasting Board of Governors and the Department of State 
     may be obligated and expended notwithstanding section 15 of 
     the State Department Basic Authorities Act of 1956, as 
     amended.
       Sec. 202. Section 286(e)(3) of the Immigration and 
     Nationality Act (8 U.S.C. 1356(e)(3)) is amended--
       (1) by striking ``is authorized to'' and inserting 
     ``shall''; and
       (2) by striking ``authorization'' and inserting 
     ``requirement''.
       Sec. 203. (a)(1) During fiscal year 2002 and each 
     succeeding fiscal year, notwithstanding any provision of the 
     Federal Rules of Criminal Procedure to the contrary, in order 
     to permit victims of crimes associated with the terrorist 
     acts of September 11, 2001, to watch trial proceedings in the 
     criminal case against Zacarias Moussaoui, the trial court in 
     that case shall order, subject to paragraph (3) and 
     subsection (b), closed circuit televising of the trial 
     proceedings to convenient locations the trial court 
     determines are reasonably necessary, for viewing by those 
     victims.
       (2)(A) As used in this section and subject to subparagraph 
     (B), the term ``victims of crimes associated with the 
     terrorist acts of September 11, 2001'' means individuals 
     who--
       (i) suffered direct physical harm as a result of the 
     terrorist acts that occurred in New York, Pennsylvania and 
     Virginia on September 11, 2001 (hereafter in this section 
     ``terrorist acts'') and were present at the scene of the 
     terrorist acts when they occurred, or immediately thereafter; 
     or
       (ii) are the spouse, legal guardian, parent, child, 
     brother, or sister of, or who as determined by the court have 
     a relationship of similar significance to, an individual 
     described in subparagraph (A)(i), if the latter individual is 
     under 18 years of age, incompetent, incapacitated, has a 
     serious injury, or disability that requires assistance of 
     another person for mobility, or is deceased.
       (B) The term defined in paragraph (A) shall not apply to an 
     individual who participated or conspired in one or more of 
     the terrorist acts.
       (3) Nothing in this section shall be construed to eliminate 
     or limit the district court's discretion to control the 
     manner, circumstances, or availability of the broadcast where 
     necessary to control the courtroom or protect the integrity 
     of the trial proceedings or the safety of the trial 
     participants. The district court's exercise of such 
     discretion shall be entitled to substantial deference.
       (b) Except as provided in subsection (a), the terms and 
     restrictions of section 235(b), (c), (d) and (e) of the 
     Antiterrorism and Effective Death Penalty Act of 1996 (42 
     U.S.C. 10608(b), (c), (d), and (e)), shall apply to the 
     televising of trial proceedings under this section.
       Sec. 204. Title II of Public Law 107-77 is amended in the 
     second undesignated paragraph under the heading ``Department 
     of Commerce, National Institute of Standards and Technology, 
     Industrial Technology Services'' by striking ``not to exceed 
     $60,700,000 shall be available for the award of new grants'' 
     and inserting ``not less than $60,700,000 shall be used 
     before October 1, 2002 for the award of new grants''.
       Sec. 205. None of the funds appropriated or otherwise made 
     available by this Act or any other Act may be used to 
     implement, enforce, or otherwise abide by the Memorandum of 
     Agreement signed by the Federal Trade Commission and the 
     Antitrust Division of the Department of Justice on March 5, 
     2002.
       Sec. 206. Public Law 106-256 is amended in section 3(f)(1) 
     by striking ``within 18 months of the establishment of the 
     Commission'' and inserting ``by June 20, 2003''.
       Sec. 207. The American Section, International Joint 
     Commission, United States and Canada, is authorized to 
     receive funds from the United States Army Corps of Engineers 
     for the purposes of conducting investigations, undertaking 
     studies, and preparing reports in connection with a reference 
     to the International Joint Commission on the Devils Lake 
     project mentioned in Public Law 106-377.
       Sec. 208. Section 282(a)(2)(D) of the Agricultural 
     Marketing Act of 1946 is amended to read as follows:
       ``(D) in the case of wild fish, is--
       ``(i) harvested in the United States, a territory of the 
     United States, or a State, or by a vessel that is documented 
     under chapter 121 of title 46, United States Code, or 
     registered in the United States; and
       ``(ii) processed in the United States, a territory of the 
     United States, or a State, including the waters thereof, or 
     aboard a vessel that is documented under chapter 121 of title 
     46, United States Code, or registered in the United States; 
     and''.
       Sec. 209. Of the amounts appropriated in Public Law 107-77, 
     under the heading ``Department of Commerce, National Oceanic 
     and Atmospheric Administration, Operations, Research, and 
     Facilities'', for coral reef programs, $2,500,000, for a 
     cooperative agreement with the National Defense Center of 
     Excellence for Research in Ocean Sciences to conduct coral 
     mapping in the waters of the Hawaiian Islands and the 
     surrounding Exclusive Economic Zone in accordance with the 
     mapping implementation strategy of the United States Coral 
     Reef Task Force.
       Sec. 210. In addition to amounts appropriated or otherwise 
     made available by this Act or any other Act, $11,000,000 is 
     appropriated to enable the Secretary of Commerce to provide 
     economic assistance to fishermen and fishing communities 
     affected by Federal closures and fishing restrictions in the 
     New England groundfish fishery, to remain available until 
     September 30, 2003.
       Sec. 211. In addition to amounts appropriated or otherwise 
     made available by this Act or any other Act, $5,000,000 shall 
     be provided for a National Oceanic and Atmospheric 
     Administration cooperative research program in Massachusetts, 
     New Hampshire, Maine and Rhode Island, to remain available 
     until expended: Provided, That of this amount $500,000 shall 
     be for the cost of a reduction loan as authorized under 
     sections 1111 and 1112 of title XI of the Merchant Marine 
     Act, 1936, (46 U.S.C. App. 1279g) to carry out a New England 
     groundfish fishing capacity reduction program under section 
     312(b) of the Magnuson-Stevens Fishery Conservation and 
     Management Act (16 U.S.C. 1861a(b)) that shall--
       (1) permanently revoke all fishery licenses, fishery 
     permits, area and species endorsements, and any other fishery 
     privileges issued to a vessel or vessels (or to persons on 
     the basis of their operation or ownership of that vessel or 
     vessels) removed under the program; and
       (2) ensure that vessels removed under the program are made 
     permanently ineligible to participate in any fishery 
     worldwide, and that the owners of such vessels will operate 
     only under the United States flag or be scrapped as a 
     reduction vessel pursuant to section 600.1011(c) of title 50, 
     Code of Federal Regulations.
       Sec. 212. Of the amounts appropriated in Public Law 107-77, 
     under the heading ``Department of Commerce, National Oceanic 
     and Atmospheric Administration, Operations, Research, and 
     Facilities'', for Oregon groundfish cooperative research, 
     $500,000 shall be for the cost of a reduction loan as 
     authorized under sections 1111 and 1112 of title XI of the 
     Merchant Marine Act, 1936 (46 U.S.C. App. 1279f and 1279g) to 
     carry out a West Coast groundfish fishing capacity reduction 
     program under section 312(b) of the Magnuson-Stevens Fishery 
     Conservation and

[[Page 13639]]

     Management Act (16 U.S.C. 1861a(b)) that shall--
       (1) permanently revoke all fishery licenses, fishery 
     permits, area and species endorsements, and any other fishery 
     privileges issued to a vessel or vessels (or to persons on 
     the basis of their operation or ownership of that vessel or 
     vessels) removed under the program; and
       (2) ensure that vessels removed under the program are made 
     permanently ineligible to participate in any fishery 
     worldwide, and that the owners of such vessels will operate 
     only under the United States flag or be scrapped as a 
     reduction vessel pursuant to section 600.1011(c) of title 50, 
     Code of Federal Regulations.
       Sec. 213. Amounts appropriated by title V of Public Law 
     107-77 under the heading ``National Veterans Business 
     Development Corporation'' (115 Stat. 795) shall remain 
     available until expended.

                               CHAPTER 3

                         DEPARTMENT OF DEFENSE

                           MILITARY PERSONNEL

                     Military Personnel, Air Force

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

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

       For an additional amount for ``Operation and Maintenance, 
     Army'', $209,000,000, to remain available for obligation 
     until September 30, 2003: Provided, That the entire amount is 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended: Provided 
     further, That $102,000,000 shall be available only to the 
     extent that an official budget request, that includes 
     designation of $102,000,000 as an emergency requirement as 
     defined in the Balanced Budget and Emergency Deficit Control 
     Act of 1985, as amended, is transmitted by the President to 
     the Congress.

                    Operation and Maintenance, Navy

       For an additional amount for ``Operation and Maintenance, 
     Navy'', $48,750,000, to remain available for obligation until 
     September 30, 2003: Provided, That the entire amount is 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended: Provided 
     further, That $12,250,000 shall be available only to the 
     extent that an official budget request, that includes 
     designation of $12,250,000 as an emergency requirement as 
     defined in the Balanced Budget and Emergency Deficit Control 
     Act of 1985, as amended, is transmitted by the President to 
     the Congress.

                  Operation and Maintenance, Air Force

       For an additional amount for ``Operation and Maintenance, 
     Air Force'', $65,510,000, to remain available for obligation 
     until September 30, 2003: Provided, That the entire amount is 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended: Provided 
     further, That $24,510,000 shall be available only to the 
     extent that an official budget request, that includes 
     designation of $24,510,000 as an emergency requirement as 
     defined in the Balanced Budget and Emergency Deficit Control 
     Act of 1985, as amended, is transmitted by the President to 
     the Congress.

                Operation and Maintenance, Defense-Wide

       For an additional amount for ``Operation and Maintenance, 
     Defense-Wide'', $721,975,000, to remain available for 
     obligation until September 30, 2003, of which $390,000,000 
     may be used, notwithstanding any other provision of law, for 
     payments to reimburse Pakistan, Jordan, and other key 
     cooperating nations for logistical and military support 
     provided to United States military operations in connection 
     with the Global War on Terrorism: Provided, That such 
     payments may be made in such amounts as the Secretary may 
     determine in his discretion, based on documentation 
     determined by the Secretary to adequately account for the 
     support provided, in consultation with the Director of the 
     Office of Management and Budget and 15 days following 
     notification to the appropriate Congressional committees: 
     Provided further, That such determination shall be final and 
     conclusive upon the accounting officers of the United States: 
     Provided further, That amounts for such payments shall be in 
     addition to any other funds that may be available for such 
     purpose: Provided further, That the entire amount is 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended.

                    Defense Emergency Response Fund


                     (including transfer of funds)

       For an additional amount for the ``Defense Emergency 
     Response Fund'', $11,901,900,000, to remain available for 
     obligation until September 30, 2003, of which $77,900,000 
     shall be available for enhancements to North American Air 
     Defense Command capabilities: Provided, That the Secretary of 
     Defense may transfer the funds provided herein only to 
     appropriations for military personnel; operation and 
     maintenance; procurement; research, development, test and 
     evaluation; the Defense Health Program; Overseas 
     Humanitarian, Disaster, and Civic Aid; and working capital 
     funds: Provided further, That notwithstanding the preceding 
     proviso, $120,000,000 of the funds provided in this paragraph 
     are available for transfer to any other appropriations 
     accounts of the Department of Defense, for certain classified 
     activities, and notwithstanding any other provision of law 
     and of this Act, such funds may be obligated to carry out 
     projects not otherwise authorized by law: Provided further, 
     That any funds transferred shall be merged with and shall be 
     available for the same purposes and for the same time period 
     as the appropriation to which transferred: Provided further, 
     That the transfer authority provided in this paragraph is in 
     addition to any other transfer authority available to the 
     Department of Defense: Provided further, That upon a 
     determination that all or part of the funds transferred from 
     this appropriation are not necessary for the purposes 
     provided herein, such amounts may be transferred back to this 
     appropriation: Provided further, That during the current 
     fiscal year, upon a determination by the Secretary of Defense 
     that funds previously made available to the ``Defense 
     Emergency Response Fund'' are required to meet other 
     essential operational or readiness requirements of the 
     military services, the Secretary may transfer up to 
     $275,000,000 of funds so required to the appropriate funds or 
     appropriations of the Department of Defense, 15 days after 
     notification to the congressional defense committees: 
     Provided further, That the entire amount is designated by the 
     Congress as an emergency requirement pursuant to section 
     251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended: Provided further, That 
     $601,900,000 shall be available only to the extent that an 
     official budget request that includes designation of 
     $601,900,000 as an emergency requirement as defined in the 
     Balanced Budget and Emergency Deficit Control Act of 1985, as 
     amended, is transmitted by the President to the Congress.

                              PROCUREMENT

                        Other Procurement, Army

       For an additional amount for ``Other Procurement, Army'', 
     $79,200,000, to remain available for obligation until 
     September 30, 2004: Provided, That the entire amount is 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended.

                       Aircraft Procurement, Navy

       For an additional amount for ``Aircraft Procurement, 
     Navy'', $22,800,000, to remain available for obligation until 
     September 30, 2004: Provided, That the entire amount is 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended.

            Procurement of Ammunition, Navy and Marine Corps

       For an additional amount for ``Procurement of Ammunition, 
     Navy and Marine Corps'', $262,000,000, to remain available 
     for obligation until September 30, 2004: Provided, That the 
     entire amount is designated by the Congress as an emergency 
     requirement pursuant to section 251(b)(2)(A) of the Balanced 
     Budget and Emergency Deficit Control Act of 1985, as amended.

                        Other Procurement, Navy

       For an additional amount for ``Other Procurement, Navy'', 
     $2,500,000, to remain available for obligation until 
     September 30, 2004: Provided, That the entire amount is 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended.

                       Procurement, Marine Corps

       For an additional amount for ``Procurement, Marine Corps'', 
     $3,500,000, to remain available for obligation until 
     September 30, 2004: Provided, That the entire amount is 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended.

                    Aircraft Procurement, Air Force

       For an additional amount for ``Aircraft Procurement, Air 
     Force'', $118,000,000, to remain available for obligation 
     until September 30, 2004: Provided, That the entire amount is 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended: Provided 
     further, That $25,000,000 shall be available only to the 
     extent that an official budget request, that includes 
     designation of $25,000,000 as an emergency requirement as 
     defined in the Balanced Budget and Emergency Deficit Control 
     Act of 1985, as amended, is transmitted by the President to 
     the Congress.

                  Procurement of Ammunition, Air force

       For an additional amount for ``Procurement of Ammunition, 
     Air Force'', $115,000,000, to remain available for obligation 
     until September 30, 2004: Provided, That the entire amount is 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended.

                      Other Procurement, Air Force

       For an additional amount for ``Other Procurement, Air 
     Force'', $747,840,000, to remain available for obligation 
     until September 30, 2004: Provided, That the entire amount is 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended.

[[Page 13640]]



                       Procurement, Defense-Wide

       For an additional amount for ``Procurement, Defense-Wide'', 
     $104,425,000, to remain available for obligation until 
     September 30, 2004: Provided, That funds may be used to 
     purchase two vehicles required for physical security of 
     personnel, notwithstanding price limitations applicable to 
     passenger vehicles, but not to exceed $175,000 per vehicle: 
     Provided further, That the entire amount is designated by the 
     Congress as an emergency requirement pursuant to section 
     251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended: Provided further, That 
     $4,925,000 shall be available only to the extent an official 
     budget request, that includes designation of $4,925,000 as an 
     emergency requirement as defined in the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended, is 
     transmitted by the President to the Congress.

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Army

       For an additional amount for ``Research, Development, Test 
     and Evaluation, Army'', $8,200,000, to remain available for 
     obligation until September 30, 2003: Provided, That the 
     entire amount is designated by the Congress as an emergency 
     requirement pursuant to section 251(b)(2)(A) of the Balanced 
     Budget and Emergency Deficit Control Act of 1985, as amended.

            Research, Development, Test and Evaluation, Navy

       For an additional amount for ``Research, Development, Test 
     and Evaluation, Navy'', $9,000,000, to remain available for 
     obligation until September 30, 2003: Provided, That the 
     entire amount is designated by the Congress as an emergency 
     requirement pursuant to section 251(b)(2)(A) of the Balanced 
     Budget and Emergency Deficit Control Act of 1985, as amended.

         Research, Development, Test and Evaluation, Air Force

       For an additional amount for ``Research, Development, Test 
     and Evaluation, Air Force'', $198,400,000, to remain 
     available for obligation until September 30, 2003: Provided, 
     That the entire amount is designated by the Congress as an 
     emergency requirement pursuant to section 251(b)(2)(A) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985, as 
     amended: Provided further, That $137,600,000 shall be 
     available only to the extent that an official budget request, 
     that includes designation of $137,600,000 as an emergency 
     requirement as defined in the Balanced Budget and Emergency 
     Deficit Control Act of 1985, as amended, is transmitted by 
     the President to the Congress.

        Research, Development, Test and Evaluation, Defense-Wide

       For an additional amount for ``Research, Development, Test 
     and Evaluation, Defense-Wide'', $67,000,000, to remain 
     available for obligation until September 30, 2003: Provided, 
     That the entire amount is designated by the Congress as an 
     emergency requirement pursuant to section 251(b)(2)(A) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985, as 
     amended.

                    GENERAL PROVISIONS--THIS CHAPTER

       Sec. 301. (a) The appropriation under the heading 
     ``Research, Development, Test and Evaluation, Navy'' in the 
     Department of Defense Appropriations Act, 2002 (Public Law 
     107-117) is amended by adding the following proviso 
     immediately after ``September 30, 2003'': ``: Provided, That 
     funds appropriated in this paragraph which are available for 
     the V-22 may be used to meet unique requirements of the 
     Special Operations Forces''. (b) The amendment made by 
     subsection (a) shall be effective as if enacted as part of 
     the Department of Defense Appropriations Act, 2002.
       Sec. 302. During the current fiscal year, the restrictions 
     contained in subsection (d) of 22 U.S.C. 5952 and section 502 
     of the Freedom Support Act (Public Law 102-511) shall not 
     apply if the President certifies in writing to the Speaker of 
     the House of Representatives and the President pro tempore of 
     the Senate that waiving such restrictions is important to the 
     national security interests of the United States.
       Sec. 303. Funds appropriated by this Act, or made available 
     by the transfer of funds in this Act, for intelligence 
     activities are deemed to be specifically authorized by the 
     Congress for purposes of section 504 of the National Security 
     Act of 1947 (50 U.S.C. 414): Provided, That any funds 
     appropriated or transferred to the Central Intelligence 
     Agency for agent operations or covert action programs 
     authorized by the President under section 503 of the National 
     Security Act of 1947, as amended, shall remain available 
     until September 30, 2003.
       Sec. 304. (a) Funds appropriated to the Department of 
     Defense for fiscal year 2002 for operation and maintenance 
     under the heading ``Chemical Agents and Munitions 
     Destruction, Army'', may be used to pay for additional costs 
     of international inspectors from the Technical Secretariat of 
     the Organization for the Prohibition of Chemical Weapons, 
     pursuant to Articles IV and V of the Chemical Weapons 
     Convention, for inspections and monitoring of Department of 
     Defense sites and commercial sites that perform services 
     under contract to the Department of Defense, resulting from 
     the Department of Defense's program to accelerate its 
     chemical demilitarization schedule.
       (b) Expenses which may be paid under subsection (a) 
     include--
       (1) salary costs for performance of inspection and 
     monitoring duties;
       (2) travel, including travel to and from the point of entry 
     into the United States and internal United States travel;
       (3) per diem, not to exceed United Nations rates and in 
     compliance with United Nations conditions for per diem for 
     that organization; and
       (4) expenses for operation and maintenance of inspection 
     and monitoring equipment.
       Sec. 305. (a)(1) In fiscal year 2002, funds available to 
     the Department of Defense for assistance to the Government of 
     Colombia shall be available to support a unified campaign 
     against narcotics trafficking, against activities by 
     organizations designated as terrorist organizations such as 
     the Revolutionary Armed Forces of Colombia (FARC), the 
     National Liberation Army (ELN), and the United Self-Defense 
     Forces of Colombia (AUC), and to take actions to protect 
     human health and welfare in emergency circumstances, 
     including undertaking rescue operations.
       (2) The provision shall also apply to unexpired balances 
     and assistance previously provided from prior years' Acts 
     available for purposes identified in subsection (a)(1).
       (3) The authority in this section is in addition to 
     authorities currently available to provide assistance to 
     Colombia.
       (b) The authorities provided in subsection (a) shall not be 
     exercised until the Secretary of Defense certifies to the 
     Congress that the provisions of section 601(b) of this Act 
     have been complied with.
       (c) Sections 556, 567, and 568 of Public Law 107-115, 
     section 8093 of the Department of Defense Appropriations Act, 
     2002, and the numerical limitations on the number of United 
     States military personnel and United States individual 
     civilian contractors in section 3204(b)(1) of Public Law 106-
     246, as amended, shall be applicable to funds made available 
     pursuant to the authority contained in subsection (a).
       (d) No United States Armed Forces personnel or United 
     States civilian contractor employed by the United States will 
     participate in any combat operation in connection with 
     assistance made available under this chapter, except for the 
     purpose of acting in self defense or rescuing any United 
     States citizen to include United States Armed Forces 
     personnel, United States civilian employees, and civilian 
     contractors employed by the United States.
       Sec. 306. In addition to amounts appropriated or otherwise 
     made available elsewhere in this Act for the Department of 
     Defense or in the Department of Defense and Emergency 
     Supplemental Appropriations for Recovery from and Response to 
     Terrorist Attacks on the United States Act, 2002 (Public Law 
     107-117), $75,000,000, to remain available until September 
     30, 2003, is hereby appropriated to the Department of Defense 
     under the heading ``Chemical Agents and Munitions 
     Destruction, Army'' for Research, development, test and 
     evaluation, for the purpose of accelerating chemical agent 
     destruction at Department of Defense facilities: Provided, 
     That the entire amount made available in this section is 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended: Provided 
     further, That the entire amount shall be available only to 
     the extent that an official budget request, that includes 
     designation of the entire amount as an emergency requirement 
     as defined in the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended, is transmitted by the 
     President to the Congress.


                             (rescissions)

       Sec. 307. Of the funds available in Department of Defense 
     Appropriations Acts or otherwise available to the Department 
     of Defense, the following funds are hereby rescinded, from 
     the following accounts in the specified amounts:
       ``Other Procurement, Air Force'', 2001/2003, $12,500,000;
       ``Missile Procurement, Air Force'', 2002/2004, $11,600,000;
       ``Other Procurement, Air Force'', 2002/2004, $52,500,000;
       ``Procurement, Defense-Wide'', 2002/2004, $30,000,000; and
       ``Research, Development, Test and Evaluation, Air Force'', 
     2002/2003, $56,500,000.
       Sec. 308. During the current fiscal year and hereafter, 
     section 2533a of title 10, United States Code, shall not 
     apply to any transaction entered into to acquire or sustain 
     aircraft under the authority of section 8159 of the 
     Department of Defense Appropriations Act, 2002 (division A of 
     Public Law 107-117; 115 Stat. 2284).
       Sec. 309. The Secretary of the Army shall obligate and 
     expend the $2,000,000 appropriated for the Army by Public Law 
     107-117 for procurement of smokeless nitrocellulose under 
     Activity 1, instead of under Activity 2, Production Base 
     Support Industrial Facilities, for the purpose of preserving 
     a commercially owned and operated capability of producing 
     defense grade nitrocellulose at the rate of at least 
     10,000,000 pounds per year in order to preserve a commercial 
     manufacturing capability for munitions precursor supplies for 
     the High Zone Modular Artillery Charge System and to preserve 
     competition in that manufacturing capability.
       Sec. 310. Not later than 15 days after the date of the 
     enactment of this Act, the Secretary of Defense shall 
     obligate, from funds made available in title II of division A 
     of Public Law 107-117 under the heading ``Operation and 
     Maintenance, Defense-Wide'' (115 Stat. 2233), $4,000,000 for 
     a grant to support the conversion of the Naval Security 
     Group, Winter Harbor (the naval

[[Page 13641]]

     base on Schoodic Peninsula), Maine, to utilization as a 
     research and education center for Acadia National Park, 
     Maine, including the preparation of a plan for the 
     reutilization of the naval base for such purpose that will 
     benefit communities in the vicinity of the naval base and 
     visitors to Acadia National Park and will stimulate important 
     research and educational activities.
       Sec. 311. Of the amount available for fiscal year 2002 for 
     the Army National Guard for operation and maintenance, 
     $2,200,000 shall be made available for the Army National 
     Guard for information operations, information assurance 
     operations, and training for such operations.


                              (RESCISSION)

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


                              (RESCISSION)

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

                               CHAPTER 4

                          DISTRICT OF COLUMBIA

                             FEDERAL FUNDS

       Federal Payment to the Children's National Medical Center

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

              Federal Payment to the District of Columbia

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

 Federal Payment to the Washington Metropolitan Area Transit Authority

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

 Federal Payment to the Metropolitan Washington Council of Governments

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

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

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

                  Federal Payment for Family Court Act


                         (including RESCISSION)

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

                       DISTRICT OF COLUMBIA FUNDS

                           OPERATING EXPENSES

                          Division of Expenses

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

                   Governmental Direction and Support

       The paragraph under this heading in the District of 
     Columbia Appropriations Act, 2002 (Public Law 107-96; 115 
     Stat. 933) is amended by striking: ``Provided further, That 
     not less than $353,000 shall be available to the Office of 
     the Corporation Counsel to support increases in the Attorney 
     Retention Allowance:'' and inserting: ``Provided further, 
     That not less than $353,000 shall be available to the Office 
     of the Corporation Counsel to support attorney compensation 
     consistent with performance measures contained in a 
     negotiated collective bargaining agreement:''.

                       Public Safety and Justice


                              (Rescission)

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

                    Corrections Information Council

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

                        Public Education System


                              (rescission)

       Notwithstanding any other provision of law, of the local 
     funds appropriated under this heading for public charter 
     schools for the fiscal year ending September 30, 2002, in the 
     District of Columbia Appropriations Act, 2002, (Public Law 
     107-96; 115 Stat. 935), $37,000,000 are rescinded.

                         Human Support Services

       For an additional amount for ``Human Support Services'', 
     $37,000,000 from local funds: Provided, That $11,000,000 
     shall be for the Child and Family Services Agency to address 
     increased adoption case rates, higher case loads

[[Page 13642]]

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

                    Repayment of Loans and Interest


                              (rescission)

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

                     Certificates of Participation

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

                       ENTERPRISE AND OTHER FUNDS

                       Water and Sewer Authority

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

                    GENERAL PROVISIONS--THIS CHAPTER

       Sec. 401. The District of Columbia may use up to 1 percent 
     of the funds appropriated to the District of Columbia under 
     the Emergency Supplemental Act, 2002, (Public Law 107-117; 
     115 Stat. 2230), to fund the administrative costs that are 
     needed to fulfill the purposes of that Act. The District may 
     use these funds for this purpose as of January 10, 2002.
       Sec. 402. Section 16(d)(2) of the Victims of Violent Crime 
     Compensation Act of 1996 (sec. 4-515(d)(2), D.C. Official 
     Code), as amended by the District of Columbia Appropriations 
     Act, 2002, (Public Law 107-96; 115 Stat. 928) is amended to 
     read as follows: ``(2) 50 percent of such balance shall be 
     transferred from the Fund to the Mayor and shall be used 
     without fiscal year limitation for outreach activities 
     designed to increase the number of crime victims who apply 
     for such direct compensation payments.''.
       Sec. 403. (a) Notwithstanding any other provision of law, 
     the positive fund balance of the general fund of the District 
     government which remained at the end of fiscal year 2000 (as 
     reflected in the complete financial statement and report on 
     the activities of the District government for such fiscal 
     year under section 448(a)(4) of the District of Columbia Home 
     Rule Act) shall be used during fiscal year 2002 to provide 
     the minimum balances required for fiscal year 2002 for the 
     emergency reserve fund under section 450A of the District of 
     Columbia Home Rule Act and the contingency reserve fund under 
     section 450B of such Act.
       (b) To the extent that the amount of the positive fund 
     balance described in subsection (a) exceeds the amount 
     required to provide the minimum balances in the reserve funds 
     described in such subsection, the District government shall 
     use the excess amount--
       (1) to address potential deficits in the budget of the 
     District government for fiscal year 2002, subject to the same 
     conditions applicable under section 202(j)(3) of the District 
     of Columbia Financial Responsibility and Management 
     Assistance Act of 1995 to the obligation and expenditure of 
     the budget reserve and cumulative cash reserve under such 
     section; or
       (2) if the Chief Financial Officer of the District of 
     Columbia certifies that the excess amount is available and is 
     not required to address potential deficits in the budget of 
     the District government for fiscal year 2002, for Pay-As-You-
     Go Capital Funds.
       (c) To the extent that the excess amount described in 
     subsection (b) is used to address potential deficits in the 
     budget of the District government for fiscal year 2002, such 
     amount shall remain available until expended.
       (d)(1) The item relating to ``District of Columbia Funds--
     Operating Expenses--Repayment of Loans and Interest'' in the 
     District of Columbia Appropriations Act, 2002 (Public Law 
     107-96; 115 Stat. 940) is amended by striking ``That any 
     funds set aside'' and all that follows through ``That for 
     equipment leases,'' and inserting ``That for equipment 
     leases,''.
       (2) Section 159(c) of the District of Columbia 
     Appropriations Act, 2001 (Public Law 106-522; 114 Stat. 
     2482), as amended by section 133(c) of the District of 
     Columbia Appropriations Act, 2002 (Public Law 107-96; 115 
     Stat. 956) is amended by striking paragraph (3).
       Sec. 404. The Chief Financial Officer of the Washington 
     Metropolitan Area Transit Authority may use up to $2,400,000 
     from funds appropriated under Public Law 107-117 under the 
     account, ``Federal Payment to the Washington Metropolitan 
     Area Transit Authority'', that contains funds for protective 
     clothing and breathing apparatus activities, for employee and 
     facility security and completion of the fiber optic network 
     project.
       Sec. 405. The District of Columbia Courts may expend up to 
     $3,000,000 to carry out the District of Columbia Family Court 
     Act of 2001 from the ``Federal Payment to the District of 
     Columbia Courts'' account: Provided, That such funds may be 
     transferred to the ``Federal Payment to the District of 
     Columbia Courts'' account from the ``Federal Payment for 
     Family Court Act'' account in reimbursement for such 
     obligations and expenditures as are necessary to implement 
     the District of Columbia Family Court Act of 2001 for the 
     period from October 1, 2001 to September 30, 2002, once funds 
     in the ``Federal Payment for Family Court Act'' account 
     become available.
       Sec. 406. Section 11-908A(b)(4) of the District of Columbia 
     Code (as added by Public Law 107-114) is amended by striking 
     ``section 11-1501(b)'' and inserting ``section 433 of the 
     District of Columbia Home Rule Act''.
       Sec. 407. (a) Under the heading, ``Federal Payment to the 
     Thurgood Marshall Academy Charter School'' provided under 
     Public Law 107-96, strike ``Anacostia'' and insert 
     ``Southeast, Washington, D.C.''.
       (b) Under the heading, ``Federal Payment to Southeastern 
     University'' provided under Public Law 107-96, strike 
     everything after ``a public/private partnership'' and insert 
     in lieu thereof, ``to plan a two year associate degree 
     program.''.
       Sec. 408. Section 119 of the District of Columbia 
     Appropriations Act, 2002 (Public Law 107-96; 115 Stat. 950) 
     is amended as follows:
       (1) In the heading, by inserting ``and Other Funds'' after 
     ``Grants''.
       (2) In subsection (a), by inserting ``and other funds'' 
     after ``other grants''.
       (3) By amending subsection (b) to read as follows:
       ``(b) Requirements.--
       ``(1) Chief financial officer report and council approval 
     for grants.--
       ``(A) No such Federal, private, or other grant may be 
     accepted, obligated, or expended pursuant to subsection (a) 
     until--
       ``(i) the Chief Financial Officer of the District of 
     Columbia submits to the Council a report setting forth 
     detailed information regarding such grant; and
       ``(ii) the Council has reviewed and approved the 
     acceptance, obligation, and expenditure of such grant.
       ``(B) For purposes of subparagraph (A)(ii), the Council 
     shall be deemed to have reviewed and approved the acceptance, 
     obligation, and expenditure of a grant if--
       ``(i) no written notice of disapproval is filed with the 
     Secretary of the Council within 14 calendar days of the 
     receipt of the report from the Chief Financial Officer under 
     subparagraph (A)(i); or
       ``(ii) if such a notice of disapproval is filed within such 
     deadline, the Council does not by resolution disapprove the 
     acceptance, obligation, or expenditure of the grant within 30 
     calendar days of the initial receipt of the report from the 
     Chief Financial Officer under subparagraph (A)(i).
       ``(2) Certification of chief financial officer and 
     notification of committees for other funds.--No funds which 
     are not grants may be accepted, obligated, or expended 
     pursuant to subsection (a)--
       ``(A) unless the Chief Financial Officer of the District of 
     Columbia certifies that the funds are available and are not 
     required to address potential deficits; and
       ``(B) until the expiration of the 14-day period which 
     begins on the date the Mayor notifies the Committees on 
     Appropriations of the House of Representatives and Senate of 
     the acceptance, obligation, and expenditure of such funds.''.
       (4) In subsection (c)--
       (A) by striking ``under subsection (b)(2) of this section'' 
     and inserting ``or other funds under this section'';
       (B) by inserting ``or other funds'' after ``or other 
     grant''; and
       (C) by striking ``such paragraph'' and inserting ``this 
     section''.
       (5) In subsection (d), by inserting ``and other funds'' 
     after ``and other grants''.
       Sec. 409. Effective June 30, 2002, the authority which the 
     Chief Financial Officer of the District of Columbia exercised 
     with respect to personnel, procurement, and the preparation 
     of fiscal impact statements during a control period (as 
     defined in Public Law 104-8) shall remain in effect through 
     July 1, 2003 or until such time as the District of Columbia 
     Fiscal Integrity Act becomes effective, whichever occurs 
     sooner.

                               CHAPTER 5

                      DEPARTMENT OF DEFENSE--CIVIL

                         Department of the Army

                       Corps of Engineers--Civil

                   Operation and Maintenance, General

       For an additional amount for ``Operation and Maintenance, 
     General'' for emergency expenses, $108,200,000, to remain 
     available until September 30, 2003: Provided, That the entire 
     amount shall be available only to the extent an official 
     budget request that includes designation of the entire amount 
     of the request as an emergency requirement as defined in the 
     Balanced Budget and Emergency Deficit Control Act of 1985, as 
     amended, is transmitted by the President to the Congress: 
     Provided further, That the entire amount is designated by the 
     Congress as an emergency requirement pursuant to section 
     251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended: Provided further, That funds 
     made available under this heading in this Act and in Public 
     Law 107-117 may be used to fund measures and activities 
     undertaken by the Secretary of the Army, acting through the 
     Chief of Engineers, to protect and secure any infrastructure 
     owned or operated by, or on behalf of, the U.S. Army Corps of 
     Engineers, including administrative buildings and facilities; 
     and, in addition, $32,000,000, to remain available until 
     expended: Provided, That using the funds appropriated herein, 
     the Secretary of the Army, acting through the Chief of 
     Engineers, is directed to repair, restore, and clean-up 
     Corps' projects and facilities and dredge navigation 
     channels, restore and clean out area streams, provide 
     emergency streambank protection, restore other crucial public 
     infrastructure (including sewer and water facilities), 
     document flood impacts and undertake other flood recovery 
     efforts deemed

[[Page 13643]]

     necessary and advisable by the Chief of Engineers: Provided 
     further, That $10,000,000 of the funds provided shall be for 
     Southern West Virginia, Eastern Kentucky, and Southwestern 
     Virginia: Provided further, That the remaining $22,000,000 
     shall be available for Western Illinois, Southern Indiana, 
     Eastern Missouri, and the Upper Peninsula of Michigan.

                       DEPARTMENT OF THE INTERIOR

                         Bureau of Reclamation


                      Water and Related Resources

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

                          DEPARTMENT OF ENERGY

                            ENERGY PROGRAMS

                                Science

       For an additional amount for ``Science'' for emergency 
     expenses necessary to support safeguards and security 
     activities, $24,000,000: Provided, That the entire amount 
     shall be available only to the extent an official budget 
     request that includes designation of the entire amount of the 
     request as an emergency requirement as defined in the 
     Balanced Budget and Emergency Deficit Control Act of 1985, as 
     amended, is transmitted by the President to the Congress: 
     Provided further, That the entire amount is designated by the 
     Congress as an emergency requirement pursuant to section 
     251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended.

                    ATOMIC ENERGY DEFENSE ACTIVITIES

                National Nuclear Security Administration


                           Weapons Activities

                         (including rescission)

       For an additional amount for ``Weapons Activities'' for 
     emergency expenses, $158,050,000: Provided, That $138,650,000 
     shall be available only to the extent that an official budget 
     request for $138,650,000 that includes designation of the 
     entire amount of the request as an emergency requirement as 
     defined in the Balanced Budget and Emergency Deficit Control 
     Act of 1985, as amended, is transmitted by the President to 
     the Congress: Provided further, That the entire amount is 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended.
       Of the funds appropriated under this heading in Public Law 
     107-66 and prior Energy and Water Development Appropriations 
     Acts, $14,460,000 of unexpended balances are rescinded.


                    Defense Nuclear Nonproliferation

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


                      Office of the Administrator

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

               ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES

         Defense Environmental Restoration and Waste Management


                         (including rescission)

       For an additional amount for ``Defense Environmental 
     Restoration and Waste Management'' for emergency expenses 
     necessary to support safeguards and security activities, 
     $56,000,000: Provided, That the entire amount shall be 
     available only to the extent an official budget request that 
     includes designation of the entire amount of the request as 
     an emergency requirement as defined in the Balanced Budget 
     and Emergency Deficit Control Act of 1985, as amended, is 
     transmitted by the President to the Congress: Provided 
     further, That the entire amount is designated by the Congress 
     as an emergency requirement pursuant to section 251(b)(2)(A) 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985, as amended.
       Of the funds appropriated under this heading in Public Law 
     107-66 and prior Energy and Water Development Appropriations 
     Acts, $15,540,000 of unexpended balances are rescinded.

                  Defense Facilities Closure Projects

       For an additional amount for ``Defense Facilities Closure 
     Projects'' for emergency expenses necessary to support 
     safeguards and security activities, $14,000,000: Provided, 
     That the entire amount shall be available only to the extent 
     an official budget request that includes designation of the 
     entire amount of the request as an emergency requirement as 
     defined in the Balanced Budget and Emergency Deficit Control 
     Act of 1985, as amended, is transmitted by the President to 
     the Congress: Provided further, That the entire amount is 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended.

                        Other Defense Activities

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

                    GENERAL PROVISIONS--THIS CHAPTER

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

                               CHAPTER 6

                     BILATERAL ECONOMIC ASSISTANCE

                  Funds Appropriated to the President


           UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

                CHILD SURVIVAL AND HEALTH PROGRAMS FUND

       For an additional amount for ``Child Survival and Health 
     Programs Fund'' for emergency expenses for activities related 
     to combating HIV/AIDS, tuberculosis, and malaria, 
     $200,000,000, to remain available until June 30, 2003: 
     Provided, That such activities should include maternal health 
     and related assistance in communities heavily impacted by 
     HIV/AIDS: Provided further, That additional assistance should 
     be provided to prevent transmission of HIV/AIDS from mother 
     to child: Provided further, That of the funds appropriated 
     under this heading in this Act, not less than $100,000,000 
     should be made available for a further United States 
     contribution to the Global Fund to Fight AIDS, Tuberculosis, 
     and Malaria: Provided further, That the cumulative amount of 
     United States contributions to the Global Fund may not exceed 
     the total resources provided by other donors and available 
     for use by the Global Fund as of December 31, 2002: Provided 
     further, That of the

[[Page 13644]]

     funds appropriated under this heading, up to $6,000,000 may 
     be transferred to and merged with funds appropriated by this 
     Act under the heading ``Operating Expenses of the United 
     States Agency for International Development'' for costs 
     directly related to international health: Provided further, 
     That funds appropriated by this paragraph shall be 
     apportioned to the United States Agency for International 
     Development, and the authority of sections 632(a) or 632(b) 
     of the Foreign Assistance Act of 1961, or any similar 
     provision of law, may not be used to transfer or allocate any 
     part of such funds to any agency of the United States 
     Government: Provided further, That the entire amount is 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended: Provided 
     further, That the entire amount shall be available only to 
     the extent an official budget request, that includes 
     designation of the entire amount of the request as an 
     emergency requirement as defined in the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended, is 
     transmitted by the President to the Congress: Provided 
     further, That the funds appropriated under this heading shall 
     be subject to the regular notification procedures of the 
     Committees on Appropriations.


                   INTERNATIONAL DISASTER ASSISTANCE

       For an additional amount for ``International Disaster 
     Assistance'' for emergency expenses for activities related to 
     combating international terrorism, including repairing homes 
     of Afghan citizens that were damaged as a result of military 
     operations, $134,000,000, to remain available until September 
     30, 2003.
       In addition, for an additional amount for ``International 
     Disaster Assistance'' for assistance for the West Bank and 
     Gaza, $50,000,000, to remain available until September 30, 
     2003: Provided, That none of the funds appropriated by this 
     Act may be obligated or expended with respect to providing 
     funds to the Palestinian Authority: Provided further, That 
     the entire amount provided under this heading in this Act is 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended: Provided 
     further, That $144,000,000 shall be available only to the 
     extent an official budget request, that includes designation 
     of $144,000,000, including $50,000,000 for the West Bank and 
     Gaza, as an emergency requirement as defined in the Balanced 
     Budget and Emergency Deficit Control Act of 1985, as amended, 
     is transmitted by the President to the Congress.


   Operating expenses of the united states agency for international 
                              development

       For an additional amount for ``Operating Expenses of the 
     United States Agency for International Development'' for 
     emergency expenses for activities related to combating 
     international terrorism, $7,000,000, to remain available 
     until September 30, 2003: Provided, That the entire amount is 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended.

                  Other Bilateral Economic Assistance


                         ECONOMIC SUPPORT FUND

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


    ASSISTANCE FOR THE INDEPENDENT STATES OF THE FORMER SOVIET UNION

       For an additional amount for ``Assistance for the 
     Independent States of the Former Soviet Union'' for emergency 
     expenses for activities related to combating international 
     terrorism, $110,000,000, to remain available until June 30, 
     2003: Provided, That the entire amount is designated by the 
     Congress as an emergency requirement pursuant to section 
     251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended: Provided further, That the 
     Secretary of State shall inform the Committees on 
     Appropriations at least 15 days prior to the obligation of 
     funds appropriated by this paragraph.

                          Department of State


          INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT

       For an additional amount for ``International Narcotics 
     Control and Law Enforcement'' for emergency expenses for 
     activities related to combating international terrorism, 
     $117,000,000, to remain available until September 30, 2003: 
     Provided, That funds appropriated under this heading should 
     be made available to train and equip a Colombian Armed Forces 
     unit dedicated to apprehending the leaders of paramilitary 
     organizations: Provided further, That of the funds 
     appropriated by this paragraph, not to exceed $6,000,000 may 
     be made available for assistance for the Colombian Armed 
     Forces for purposes of protecting the Cano Limon pipeline: 
     Provided further, That prior to the obligation of funds under 
     the previous proviso, the Secretary of State shall submit a 
     report to the Committees on Appropriations describing: (1) 
     the estimated oil revenues collected by the Government of 
     Colombia from the Cano Limon pipeline for the preceding 12 
     months; (2) the amounts expended during such period by the 
     Government of Colombia and private companies owning a 
     financial interest in the pipeline for primary health care, 
     basic education, micro-enterprise and other programs and 
     activities to improve the lives of the people of Arauca 
     department; (3) steps that are being taken to increase and 
     expand support for these programs and activities; and (4) 
     mechanisms that are being established to adequately monitor 
     such funds: Provided further, That of the funds appropriated 
     by this paragraph, not to exceed $4,000,000 should be made 
     available for law enforcement training for Indonesian police 
     forces: Provided further, That the Secretary of State shall 
     inform the Committees on Appropriations at least 15 days 
     prior to the obligation of funds appropriated by this 
     paragraph: Provided further, That the entire amount is 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended: Provided 
     further, That $3,000,000 shall be available only to the 
     extent an official budget request, that includes designation 
     of $3,000,000 as an emergency requirement as defined in the 
     Balanced Budget and Emergency Deficit Control Act of 1985, as 
     amended, is transmitted by the President to the Congress.


                    migration and refugee assistance

       For an additional amount for ``Migration and Refugee 
     Assistance'' for emergency expenses for activities related to 
     combating international terrorism, $40,000,000, to remain 
     available until June 30, 2003: Provided, That the entire 
     amount is designated by the Congress as an emergency 
     requirement pursuant to section 251(b)(2)(A) of the Balanced 
     Budget and Emergency Deficit Control Act of 1985, as amended: 
     Provided further, That the entire amount shall be available 
     only to the extent an official budget request that includes 
     designation of the entire amount of the request as an 
     emergency requirement as defined of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended, is 
     transmitted by the President to the Congress.


    NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED PROGRAMS

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

                          MILITARY ASSISTANCE

                  Funds Appropriated to the President


                   FOREIGN MILITARY FINANCING PROGRAM

       For an additional amount for ``Foreign Military Financing 
     Program'' for emergency expenses for activities related to 
     combating international terrorism, $387,000,000, to remain 
     available until June 30, 2003: Provided, That funds

[[Page 13645]]

     made available by this Act for assistance for the Government 
     of Uzbekistan may be made available if the Secretary of State 
     determines and reports to the Committees on Appropriations 
     that the Government of Uzbekistan is making substantial and 
     continuing progress in meeting its commitments under the 
     ``Declaration on the Strategic Partnership and Cooperation 
     Framework Between the Republic of Uzbekistan and the United 
     States of America'': Provided further, That the entire amount 
     is designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended: Provided 
     further, That $30,000,000 shall be available only to the 
     extent an official budget request, that includes designation 
     of $30,000,000 for the Philippines as an emergency 
     requirement as defined in the Balanced Budget and Emergency 
     Deficit Control Act of 1985, as amended, is transmitted by 
     the President to the Congress: Provided further, That the 
     Secretary of State shall inform the Committees on 
     Appropriations at least 15 days prior to the obligation of 
     funds appropriated by this paragraph: Provided further, That 
     funds appropriated under this heading, and funds appropriated 
     under this heading in prior Acts that are made available for 
     the purposes of this paragraph, may be made available 
     notwithstanding section 512 of the Foreign Operations, Export 
     Financing, and Related Programs Appropriations Act, 2002 or 
     any similar provision of law: Provided further, That not to 
     exceed $2,000,000 of the funds appropriated in this paragraph 
     may be obligated for necessary expenses, including the 
     purchase of passenger motor vehicles for use outside of the 
     United States, for the general cost of administering military 
     assistance and sales.


                        PEACEKEEPING OPERATIONS

       For an additional amount for ``Peacekeeping Operations'' 
     for emergency expenses for activities related to combating 
     international terrorism, $20,000,000, to remain available 
     until June 30, 2003: Provided, That the entire amount is 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended: Provided 
     further, That funds appropriated by this paragraph shall be 
     available only for Afghanistan, and may be made available 
     notwithstanding section 512 of Public Law 107-115 or any 
     similar provision of law.

                    EXPORT AND INVESTMENT ASSISTANCE

                Export-Import Bank of the United States


                              (rescission)

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

                     BILATERAL ECONOMIC ASSISTANCE

                  Funds Appropriated to the President


                              (rescission)

       Of the funds appropriated to carry out the provisions of 
     parts I and II of the Foreign Assistance Act of 1961, the 
     Support for East European Democracy (SEED) Act of 1989, and 
     the FREEDOM Support Act, in title II of the Foreign 
     Operations, Export Financing, and Related Programs 
     Appropriations Act, 2000 (as contained in Public Law 106-113) 
     and in prior Acts making appropriations for foreign 
     operations, export financing, and related programs, 
     $60,000,000 are rescinded: Provided, That not more than a 
     total of $25,000,000 may be rescinded from funds appropriated 
     under the heading ``Development Assistance'' in said Acts: 
     Provided further, That no rescission may be made from funds 
     appropriated to carry out the provisions of section 104(c) of 
     the Foreign Assistance Act of 1961.

                    MULTILATERAL ECONOMIC ASSISTANCE

                  Funds Appropriated to the President


                  INTERNATIONAL FINANCIAL INSTITUTIONS

                              (rescission)

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

                    GENERAL PROVISIONS--THIS CHAPTER

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


          donated shipment of humanitarian assistance overseas

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


       reports on afghanistan security and delivery of assistance

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

                               CHAPTER 7

                       DEPARTMENT OF THE INTERIOR

                       Bureau of Land Management


                   Management of Lands and Resources

       For an additional amount for ``Management of Lands and 
     Resources'', $658,000, for emergency security expenses, to 
     remain available until expended: Provided, That the entire 
     amount is designated by the Congress as an emergency 
     requirement pursuant to section 251(b)(2)(A) of the Balanced 
     Budget and Emergency Deficit Control Act of 1985, as amended: 
     Provided further, That the entire amount shall be available 
     only to the extent an official budget request that includes 
     designation of the entire amount of the request as an 
     emergency requirement as defined in the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended, is 
     transmitted by the President to the Congress.

                United States Fish and Wildlife Service


                          Resource Management

       For an additional amount for ``Resource Management'', 
     $1,038,000, for emergency security expenses, to remain 
     available until expended: Provided, That the entire amount is 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended: Provided 
     further, That the entire amount shall be available only to 
     the extent an official budget request that includes 
     designation of the entire amount of the request as an 
     emergency requirement as defined in the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended, is 
     transmitted by the President to the Congress.


                              Construction

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

[[Page 13646]]

     request as an emergency requirement as defined in the 
     Balanced Budget and Emergency Deficit Control Act of 1985, as 
     amended, is transmitted by the President to the Congress.

                         National Park Service


                 Operation of the National Park System

       For an additional amount for ``Operation of the National 
     Park System'', $1,173,000, for emergency security expenses, 
     to remain available until expended: Provided, That the entire 
     amount is designated by the Congress as an emergency 
     requirement pursuant to section 251(b)(2)(A) of the Balanced 
     Budget and Emergency Deficit Control Act of 1985, as amended: 
     Provided further, That the entire amount shall be available 
     only to the extent an official budget request that includes 
     designation of the entire amount of the request as an 
     emergency requirement as defined in the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended, is 
     transmitted by the President to the Congress.


                              Construction

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

                    United States Geological Survey


                 Surveys, Investigations, and Research

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

                        Bureau of Indian Affairs


                      Operation of Indian Programs

                    (including rescission of funds)

       For an additional amount for ``Operation of Indian 
     Programs'', $134,000, for emergency security expenses, to 
     remain available until expended: Provided, That the entire 
     amount is designated by the Congress as an emergency 
     requirement pursuant to section 251(b)(2)(A) of the Balanced 
     Budget and Emergency Deficit Control Act of 1985, as amended: 
     Provided further, That the entire amount shall be available 
     only to the extent an official budget request that includes 
     designation of the entire amount of the request as an 
     emergency requirement as defined in the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended, is 
     transmitted by the President to the Congress.
       Of the funds provided under this heading in Public Law 107-
     20 for electric power operations and related activities at 
     the San Carlos Irrigation Project, $10,000,000 are rescinded.
       Funds provided under this heading in Public Law 107-20, for 
     electric power operations and related activities at the San 
     Carlos Irrigation Project, and remaining within the account 
     may be used for unanticipated trust reform projects and costs 
     related to the ongoing Cobell litigation or other litigation 
     concerning the management of Indian trust funds: Provided, 
     That funds made available herein may, as needed, be 
     transferred to or merged with any account funded in the 
     Interior and Related Agencies Appropriations Act to reimburse 
     costs incurred for these litigation activities.

                          Departmental Offices

                        Departmental Management


                         salaries and expenses

       For an additional amount for ``Salaries and Expenses'', 
     $905,000, for emergency security expenses, to remain 
     available until expended: Provided, That the entire amount is 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended: Provided 
     further, That the entire amount shall be available only to 
     the extent an official budget request that includes 
     designation of the entire amount of the request as an 
     emergency requirement as defined in the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended, is 
     transmitted by the President to the Congress.

                       DEPARTMENT OF AGRICULTURE

                             Forest Service


                        wildland fire management

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


                  Capital Improvement and Maintenance

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

                             RELATED AGENCY

                        Smithsonian Institution


                         salaries and expenses

       For an additional amount for ``Salaries and Expenses'', of 
     the Smithsonian Institution, $10,000,000, for emergency 
     security expenses, to remain available until expended: 
     Provided, That the entire amount is designated by the 
     Congress as an emergency requirement pursuant to section 
     251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended: Provided further, That the 
     entire amount shall be available only to the extent an 
     official budget request that includes designation of the 
     entire amount of the request as an emergency requirement as 
     defined in the Balanced Budget and Emergency Deficit Control 
     Act of 1985, as amended, is transmitted by the President to 
     the Congress.


                              Construction

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

                    GENERAL PROVISIONS--THIS CHAPTER

       Sec. 701. Within 10 days of enactment of this Act, funds 
     appropriated to the Forest Service under the heading 
     ``Wildland Fire Management'' in Public Law 107-63 for the 
     following purposes: $5,000,000 for research activities and 
     $10,000,000 for capital improvement and maintenance of fire 
     facilities, shall be released and made available for 
     immediate obligation. These funds are not available for 
     transfer for purposes other than those described in this 
     section.
       Sec. 702. None of the funds appropriated in this or any 
     other Act, except funds appropriated to the Office of 
     Management and Budget, shall be available to study the 
     transfer of any research activities from the Smithsonian 
     Institution to the National Science Foundation.
       Sec. 703. In fiscal year 2002 and thereafter, the Secretary 
     of the Interior may charge reasonable fees for services 
     provided at Midway Atoll National Wildlife Refuge, including 
     fuel sales, and retain those fees, to be credited to the 
     United States Fish and Wildlife Service, ``Resource 
     Management'' account and remain available until expended for 
     operation and maintenance of infrastructure and staffing 
     required for non-refuge specific needs, including meeting the 
     terms necessary for an airport operating certificate and the 
     purchase of fuel supplies.
       Sec. 704. The Department of the Interior and Related 
     Agencies Appropriations Act, 2002 (Public Law 107-63), under 
     the head ``Minerals Management Service, Royalty and Offshore 
     Minerals Management'' is amended by striking the word ``and'' 
     immediately following the word ``points,'' in the sixth 
     proviso, and by inserting immediately after the word 
     ``program'' in the sixth proviso ``, or under its authority 
     to transfer oil to the Strategic Petroleum Reserve,'', and by 
     inserting at the end of the sixth proviso immediately 
     preceding the colon, the following, ``and to recover MMS 
     transportation costs, salaries and other administrative costs 
     directly related to filling the Strategic Petroleum 
     Reserve''.
       Sec. 705. In entering into agreements with foreign 
     countries pursuant to the Wildfire Suppression Assistance Act 
     (42 U.S.C. 1856m) the Secretary of Agriculture and the 
     Secretary of the Interior are authorized to enter into 
     reciprocal agreements in which the individuals furnished 
     under said agreements to provide wildfire services are 
     considered, for purposes of tort liability, employees of the 
     country receiving said services when the individuals are 
     fighting fires. The Secretary of Agriculture or the Secretary 
     of the Interior shall not enter into any agreement under this 
     provision unless the foreign country (either directly or 
     through its fire organization) agrees to assume any and all 
     liability for the acts or

[[Page 13647]]

     omissions of American firefighters engaged in firefighting in 
     a foreign country. When an agreement is reached for 
     furnishing fire fighting services, the only remedies for acts 
     or omissions committed while fighting fires shall be those 
     provided under the laws of the host country and those 
     remedies shall be the exclusive remedies for any claim 
     arising out of fighting fires in a foreign country. Neither 
     the sending country nor any organization associated with the 
     firefighter shall be subject to any action whatsoever 
     pertaining to or arising out of fighting fires.
       Sec. 706. (a) Findings.--Congress finds that--
       (1) forest health conditions within the Beaver Park Area 
     and the Norbeck Wildlife Preserve within the Black Hills 
     National Forest are deteriorating and immediate action to 
     treat these areas is in the public interest;
       (2) the existing settlement agreement in Biodiversity 
     Associates v. Laverty, Civil Action No. 99-N-2173, filed in 
     the United States District Court for the District of Colorado 
     on September 12, 2000, (referred to in this Act as the 
     ``Settlement'') prevents timely action to reduce the risk of 
     wildfire in the Beaver Park Roadless Area;
       (3) pending litigation (Sierra Club v. U.S. Forest Service, 
     Civ. No. 94-D-2273 (D. Colorado)) prevents timely action to 
     reduce the risk of wildfire in the Norbeck Wildlife Preserve;
       (4) existing administrative and legal processes cannot 
     address the fire danger in time to enable the Secretary of 
     Agriculture to take action to reduce the danger;
       (5) immediate action to address the fire danger in an 
     environmentally responsive manner is supported by the State, 
     local counties, local industry users, and some environmental 
     groups;
       (6) the addition of 3,600 acres to the Black Elk Wilderness 
     in the Black Hills National Forest is in the public interest;
       (7) the State of South Dakota, Lawrence, Meade and 
     Pennington County fire officials are encouraged to identify 
     ``fire emergency zone'' areas in which public safety may 
     require a moratorium on issuance of new building permits, and 
     identify the changes in conditions (including the adoption of 
     fire-safe building standards) that may be needed to end these 
     moratoria; and
       (8) the State of South Dakota is encouraged to take actions 
     as necessary to create a defensible fuel zone within state 
     lands south and southwest of Sturgis.
       (b) Purposes.--The purposes of this Section are--
       (1) to authorize and direct the Secretary of Agriculture 
     (in this Section referred to as the ``Secretary'') to 
     undertake actions to address promptly the risk of fire and 
     insect infestation; and
       (2) to designate an addition to the existing Black Elk 
     Wilderness Area in the Black Hills National Forest.
       (c) Fire and Beetle Risk Reduction in Existing Timber Sale 
     Analysis Areas.--
       (1) In general.--Subject to paragraph (2), the Secretary is 
     authorized to treat additional timber within or outside the 
     existing cutting units for the Piedmont, Kirk, Redhill, 
     Cavern, Deadman, Danno and Vanocker timber sales and within 
     the analysis areas for these sales as is necessary to reduce 
     beetle infestation and fire hazard;
       (2) Criteria.--In implementing additional treatments within 
     the timber sale analysis areas referred to in paragraph (1), 
     the Secretary shall use in order of priority the following 
     criteria:
       (A) Areas within \1/4\ mile of private properties where 
     private property owners have taken or are taking actions to 
     treat their lands.
       (B) Stands that are a fire hazard or insect infested, and 
     are near private lands or in proximity to communities.
       (C) Areas that have the highest intensity or concentration 
     of insect infestation that will move to other areas.
       (D) Stands that are a fire hazard or insect infested, and 
     are near areas of high resource value where retaining green 
     trees is important, such as goshawk nests, sensitive 
     landscapes, recreation areas, and developments.
       (E) Stands that are a high fire hazard or insect infested, 
     and are within skidding distance of existing roads.
       (F) Concentrations of insect infested trees.
       (G) Stands with the highest density that are most 
     susceptible to insect attack and are in close proximity to 
     infested trees.
       (3) Additional criteria.--In carrying out this subsection, 
     the Secretary shall ensure that--
       (A) any additional treatment for the Cavern, Kirk, and 
     Piedmont sales shall comply with provisions 6c, d and e of 
     the Settlement;
       (B) any additional treatment for the Deadman and Vanocker 
     sales, shall be consistent with the Black Hills Forest Plan, 
     including the ``Phase I Amendment''; and
       (C) any additional treatment for the Redhill and Danno 
     sales shall comply with the provisions of 7b, c, and g of the 
     Settlement.
       (4) Skid trails.--Notwithstanding the Settlement, the 
     Secretary may authorize access by skid trails to the 
     additional treatment areas referred to in this subsection to 
     remove or treat infested stands, except that the skid trails 
     otherwise restricted by the settlement shall be restored to 
     pre-existing conditions upon completion of treatment 
     activities.
       (5) Completion of treatment activities.--The Secretary 
     shall request timber purchasers to give priority to 
     completing treatment within the Piedmont, Kirk, Redhill, 
     Cavern, Deadman, Danno, and Vanocker timber sale areas to 
     address fire issues and beetle outbreaks.
       (d) Other Treatments.--
       (1) Buffer zones.--The Secretary is authorized to reduce 
     risk to private property adjoining the Black Hills National 
     Forest by treating insect infested trees, dead trees, and 
     downed woody materials on National Forest System lands in 
     T5N, R5E, BHM, Section 35, and T4N, R5E, BHM, Sections 1, 2 
     and 12 within 200 feet of adjacent private property. The 
     treatments shall comply with the goshawk nest protections and 
     snail protections in provisions 6c and 7g of the Settlement.
       (2) Additional treatments.--The Secretary is authorized to 
     treat for insects and fuel reduction National Forest System 
     lands within \1/4\ mile of private property and other non-
     National Forest System lands near the community of Sturgis, 
     and shall include, where feasible, the following locations:
       (A) in T5N, R5E, BHM within \1/4\ mile of the exterior 
     boundary of the Black Hills National Forest in--
       (i) Section 35;
       (ii) Section 27;
       (iii) Section 21;
       (iv) Section 20; and
       (v) Section 18.
       (B) in T5N, R4E, BHM--
       (i) Section 13;
       (ii) Section 11;
       (iii) Section 2;
       (iv) Section 3; and
       (v) Section 4.
       (3) Fuel breaks.--The Secretary shall establish 400-foot 
     fuel breaks as depicted on the map entitled ``Beaver Park 
     Fuel Breaks and Fuel Treatment Areas,'' dated June 11, 2002. 
     In establishing the fuel breaks, the Secretary--
       (A) shall not enter any 30-acre area around historic or 
     active goshawk nest sites identified in Exhibit B1 of the 
     Settlement; and
       (B) shall use best efforts to retain the largest green 
     trees and large snags.
       (4) Limitation.--Treatment actions outside of the Beaver 
     Park Roadless Area authorized by subsection (c) and 
     subsection (d)(1), (2), and (3) shall be limited to no more 
     than 8,000 acres of National Forest System land, pending the 
     issuance of a decision on the proposed Elk Bugs and Fuel 
     project.
       (5) Forbes gulch.--To reduce concentrated heavy fuels, the 
     Secretary is authorized to treat not more than 700 acres 
     within the area identified as Forbes Gulch on the map 
     referred to in paragraph (3). Such treatments shall not 
     involve commercial timber sales or road construction, except 
     that the Secretary may permit firewood cutters to remove the 
     timber without construction of any roads. In carrying out the 
     treatments authorized by this paragraph, the Secretary--
       (A) may use the Forbes Gulch unclassified road for 
     motorized equipment and vehicles to facilitate ingress and 
     egress of equipment and personnel and may maintain this road 
     to minimum standards necessary for safety and resource 
     protection;
       (B) may utilize helicopters to fly in heavy equipment (such 
     as industrial chippers and small tractors) to assist with the 
     project;
       (C) shall use best efforts to retain the largest green 
     trees and large snags;
       (D) may construct two 10-acre safety zones; and
       (E) shall reduce the stand structure to no less than 40 
     square feet basal area per acre of live trees, if available.
       (e) Fire Suppression Access in the Beaver Park Roadless 
     Area.--
       (1) Pre-suppression plan.--The pre-suppression plan for the 
     Beaver Park Roadless Area provided for in the Settlement may 
     provide for actions authorized by this section, and shall be 
     completed as soon as practicable.
       (2) Improved access.--The Secretary is authorized to 
     provide for improved fire equipment access at the perimeter 
     of the Beaver Park Roadless Area by improving classified 
     Forest Roads 139.1, 169.1b, 169.1d, and 139.1b. Such 
     improvements shall be the minimum necessary for crews, 
     equipment and single axle wildfire trucks and may include 
     removing selected trees along roads, constructing pull-outs 
     and turn-arounds, smoothing road surfaces in rough spots, and 
     straightening some corners.
       (3) Forbes gulch unclassified road.--To protect public 
     safety and reduce fire risks, the Secretary shall prohibit 
     public access year-long on the Forbes Gulch unclassified 
     road. The Secretary shall conduct a roads analysis process as 
     provided in Forest Service Manual 7710 and the necessary 
     level of analysis and documentation pursuant to the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321-4347) (in 
     this Section referred to as ``NEPA'') before making a 
     decision to open to public motor vehicle use the Forbes Gulch 
     unclassified road identified on the map entitled ``Beaver 
     Park Fuel Breaks and Fuel Treatment Areas,'' dated June 11, 
     2002. Except as provided in subsection (d)(5) and until a 
     decision is issued, the Secretary shall not maintain the 
     Forbes Gulch unclassified road and shall prohibit public 
     access on the road.
       (4) Helispots.--If sufficient openings for helispots are 
     not available in the Beaver Park Roadless Area, the Secretary 
     is authorized to construct two 5-acre helispots within the 
     Area to transport firefighters and fire equipment into and 
     out of the area.
       (5) Easements.--To facilitate firefighter access into, and 
     escape routes from, Beaver Park Roadless Area, the Secretary 
     shall attempt to acquire easements from the exterior Forest 
     Service boundary to I-90 on the eastern side of Beaver Park 
     Roadless Area, at a minimum, along Tilford Gulch, Forbes 
     Gulch, Pleasant Valley and Bulldog Gulch.
       (f) Needles Timber Sale Area.--
       (1) Needles timber sale.--The Needles Timber Sale shall 
     proceed after the Secretary makes

[[Page 13648]]

     modifications in implementation of the Decision Notice to 
     further benefit game animals and birds, as reflected in the 
     memorandum known as the ``Burns/Carter memorandum'' dated 
     November 10, 1999, and maintained in the Black Hills National 
     Forest Supervisor's office. The standards to which any road 
     is constructed for the timber sale shall be the minimum 
     necessary to access and remove timber.
       (2) Research committee.--By December 1, 2003, the Secretary 
     shall select a committee composed of research scientists who 
     are federal employees to recommend an old growth research 
     area within the Needles area (outside the Needles Timber Sale 
     cutting units). By December 1, 2004, the committee shall make 
     its recommendation to the Secretary. The committee's 
     recommendation shall be subject to public notice, review and 
     comment.
       (g) Grizzly Timber Sale.--The Grizzly Timber Sale shall 
     proceed after the Secretary makes modifications in 
     implementation of the Decision Notice to further benefit game 
     animals and birds, as reflected in the memorandum known as 
     the ``Burns/Carter memorandum'' dated November 10, 1999, and 
     maintained in the Black Hills National Forest Supervisor's 
     office. The standards to which any road is constructed for 
     the timber sale shall be the minimum necessary to access and 
     remove timber.
       (h) Norbeck.--The Secretary is authorized to use the full 
     spectrum of management tools including prescribed fire and 
     silvicultural treatments to benefit game animal and bird 
     habitat in meeting the purposes of the Norbeck Organic Act. 
     The management actions required by subsections (f)(1) and (g) 
     are deemed consistent with the Norbeck Organic Act (16 U.S.C. 
     675-678b).
       (i) Norbeck Memorandum of Understanding.--By December 1, 
     2003, the Secretary shall propose a Memorandum of 
     Understanding with the South Dakota Department of Game, Fish 
     and Parks to, at a minimum, adopt procedures to monitor the 
     effects of management activities, consult on habitat 
     management, concur on program areas of responsibility, and 
     review and recommend as needed any changes to Norbeck 
     Wildlife Preserve direction contained in the 1997 Revised 
     Forest Plan and future plan amendments and revisions. The 
     basis of the MOU will be the guidelines set forth in the May 
     21, 2002 memo by SDF&P.
       (j) Process.--Due to the extraordinary circumstances 
     present here, actions authorized by this section shall 
     proceed immediately and to completion notwithstanding any 
     other provision of law including, but not limited to, NEPA 
     and the National Forest Management Act (16 U.S.C. 1601 et 
     seq.). Such actions shall also not be subject to the notice, 
     comment, and appeal requirements of the Appeals Reform Act, 
     (16 U.S.C. 1612 (note), Pub. Law No. 102-381 sec. 322). Any 
     action authorized by this Section shall not be subject to 
     judicial review by any court of the United States. Except as 
     provided by this Section the Settlement remains in full force 
     and effect.
       (k) Effect of Actions.--Except for those actions required 
     by subsections (f)(1) and (g), the Secretary shall disclose 
     the effect of actions authorized by this Section in the 
     proposed Elk Bugs and Fuels project cumulative effects 
     analysis for past, present, and reasonably foreseeable future 
     actions. The decision for the Elk Bugs and Fuels project 
     shall be issued not later than July 1, 2003.
       (l) Research Natural Area.--Except as provided in this 
     Section, the Secretary shall undertake no additional ground 
     disturbing or vegetation removal activities within the Beaver 
     Park Roadless Area until completion of the Phase II amendment 
     to the Black Hills National Forest Plan. The Secretary shall 
     analyze the Beaver Park Roadless Area for suitability as a 
     Research Natural Area, as required by the Settlement. The 
     Secretary shall not consider any of the actions authorized or 
     required by this section to affect the suitability of the 
     Beaver Park Roadless Area for designation as a Research 
     Natural Area.
       (m) Roadless Character.--The actions authorized by this 
     section will not affect the determination of the Beaver Park 
     Roadless Area's wilderness capability, wilderness 
     suitability, and/or roadless character.
       (n) Wilderness Designation.--Section 103 of Public Law 96-
     560 is amended by--
       (1) inserting ``(1)'' after ``National Wilderness 
     Preservation System:''; and
       (2) adding before ``: Provided, That'' the following: ``; 
     and (2) certain lands in the Black Hills National Forest, 
     South Dakota, which comprise approximately three thousand six 
     hundred acres, as generally depicted on a map entitled `Black 
     Elk Wilderness Addition-Proposed,' dated June 13, 2002, and 
     which shall constitute an addition to the existing Black Elk 
     Wilderness''.
       (o) Reporting.--The Secretary shall report to the Congress 
     on the implementation of this section on or by November 30, 
     2002, June 30, 2003, and November 30, 2003.

                               CHAPTER 8

                          DEPARTMENT OF LABOR

             Occupational Safety and Health Administration


                         SALARIES AND EXPENSES

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

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

              Health Resources and Services Administration


                     Health Resources and Services

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

               Centers for Disease Control and Prevention


                DISEASE CONTROL, RESEARCH, AND TRAINING

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

                     National Institutes of Health


                        BUILDINGS AND FACILITIES

                         (including rescission)

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

                Administration for Children and Families


              children and families services and programs

       For an additional amount for ``Children and Families 
     Services Programs'' for carrying out section 316 of the 
     Family Violence Prevention and Services Act (42 U.S.C. 
     10416), $500,000: Provided, That the entire amount is 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended: Provided 
     further, That the entire amount shall be available only to 
     the extent an official budget request, that includes 
     designation of the entire amount of the request as an 
     emergency requirement as defined in the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended, is 
     transmitted by the President to the Congress.

                        Office of the Secretary


            public health and social services emergency fund

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

                        DEPARTMENT OF EDUCATION


                      School Improvement Programs

       The matter under this heading in Public Law 107-116 is 
     amended by inserting before the period, ``: Provided further, 
     That of the amount made available under subpart 8, part D, 
     title V of the ESEA, $2,300,000 shall be available for 
     Digital Educational Programming Grants''.
       Of the funds provided under this heading in Public Law 107-
     116 to carry out the Elementary and Secondary Education Act 
     of 1965, $832,889,000 shall be available to carry out part D 
     of title V, and up to $11,500,000 may be used to carry out 
     section 2345.
       In the statement of the managers of the committee of 
     conference accompanying H.R. 3061 (Public Law 107-116; House 
     Report 107-342), in the matter relating to the Fund for the 
     Improvement of Education under the heading ``School 
     Improvement Programs''--
       (1) the provision specifying $200,000 for Fresno At-Risk 
     Youth Services and the provision specifying $225,000 for the 
     Fresno Unified School District shall be applied by 
     substituting the following for the two provisions: ``Fresno 
     Unified School District, Fresno, California, in partnership 
     with the City of Fresno, California, for activities to 
     address the problems of at-risk youth, including afterschool 
     activities and a mobile science unit, $425,000'';
       (2) the provision specifying $250,000 for the Wellington 
     Public School District, Wellington,

[[Page 13649]]

     KS, shall be deemed to read as follows: ``Wellington Public 
     School District, Wellington, KS, for after school activities, 
     $250,000'';
       (3) the provision specifying $200,000 for the Vermont 
     Higher Education Council shall be deemed to read as follows: 
     ``Vermont Higher Education Consortium to develop universal 
     early learning programs to ensure that at least one certified 
     teacher will be available in center-based child care 
     programs, $200,000'';
       (4) the provision specifying $250,000 for Education Service 
     District 117 in Wenatchee, WA, shall be deemed to read as 
     follows: ``Education Service District 171 in Wenatchee, WA, 
     to equip a community technology center to expand technology-
     based training, $250,000'';
       (5) the provision specifying $1,000,000 for the Electronic 
     Data Systems Project shall be deemed to read as follows: 
     ``Washington State Department of Education for an electronic 
     data systems project to create a database that would improve 
     the acquisition, analysis and sharing of student information, 
     $1,000,000'';
       (6) the provision specifying $250,000 for the YMCA of 
     Seattle-King-Snohomish County shall be deemed to read as 
     follows: ``YWCA of Seattle-King County-Snohomish County to 
     support women and families through an at-risk youth center 
     and other family supports, $250,000'';
       (7) the provision specifying $50,000 for Drug Free 
     Pennsylvania shall be deemed to read as follows: ``Drug Free 
     Pennsylvania to implement a demonstration project, $50,000'';
       (8) the provision specifying $20,000,000 for the 
     Commonwealth of Pennsylvania Department of Education shall be 
     deemed to read as follows: ``$20,000,000 is included for a 
     grant to the Commonwealth of Pennsylvania Department of 
     Education to provide assistance, through subgrants, to low-
     performing school districts that are slated for potential 
     takeover and/or on the Education Empowerment List as 
     prescribed by Pennsylvania State Law. The initiative is 
     intended to improve the management and operations of the 
     school districts; assist with curriculum development; provide 
     after-school, summer and weekend programs; offer teacher and 
     principal professional development and promote the 
     acquisition and effective use of instructional technology and 
     equipment'';
       (9) the provision specifying $1,000,000 for State of 
     Louisiana for Louisiana Online shall be deemed to read as 
     follows: ``Online Louisiana, Inc., New Orleans, LA, for a K-
     12 technology initiative, $1,000,000'';
       (10) the provision specifying $150,000 for the American 
     Theater Arts for Youth, Inc., Philadelphia, PA, for a 
     Mississippi Arts in Education Program shall be deemed to read 
     as follows: ``American Theater Arts for Youth, Inc., for a 
     Mississippi Arts in Education program, $150,000'';
       (11) the provision specifying $340,000 for the Zero to Five 
     Foundation, Los Angeles, California, shall be deemed to read 
     as follows: ``Zero to Five Foundation, Los Angeles, 
     California, to develop an early childhood education and 
     parenting project, $340,000'';
       (12) the provision specifying $900,000 for the University 
     of Nebraska, Kearney, Nebraska, shall be deemed to read as 
     follows: ``University of Nebraska, Kearney, Nebraska, for a 
     Minority Access to Higher Education Program to address the 
     special needs of Hispanic and other minority populations from 
     grades K-12, $900,000'';
       (13) the provision specifying $25,000 for the American 
     Theater Arts for Youth for an Arts in Education program shall 
     be deemed to read as follows: ``American Theater Arts for 
     Youth, Inc., in Philadelphia, Pennsylvania, for an Arts in 
     Education program, $25,000'';
       (14) the provision specifying $50,000 for the Lewiston-
     Auburn College/University of Southern Maine shall be deemed 
     to read as follows: ``Lewiston-Auburn College/University of 
     Southern Maine CLASS program to prepare teachers to meet the 
     demands of Maine's 21st century elementary and middle 
     schools, $50,000''; and
       (15) the provision specifying $500,000 for the Prairie 
     Lakes Education Cooperative in Madison, South Dakota to 
     advance distance learning for Native Americans in BIA and 
     tribal schools shall be deemed to read as follows: 
     ``Sisseton-Wahpeton School Board in Agency Village, South 
     Dakota to advance distance learning for Native American 
     students, $500,000''.


                      Student Financial Assistance

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


                            Higher Education

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


             Education Research, Statistics, and Assessment

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

                    GENERAL PROVISIONS--THIS CHAPTER

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

                               CHAPTER 9

                           LEGISLATIVE BRANCH

                        HOUSE OF REPRESENTATIVES

                         Salaries and Expenses

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

                          Committee Employees

                Standing Committees, Special and Select

       For an additional amount for salaries and expenses of 
     standing committees, special and select, authorized by House 
     resolutions, $1,600,000:

[[Page 13650]]

     Provided, That such amount shall remain available for such 
     salaries and expenses until December 31, 2002.

                              JOINT ITEMS

                          Capitol Police Board

                             Capitol Police


                            general expenses

       For an additional amount for the Capitol Police Board for 
     necessary expenses of the Capitol Police, including computer 
     equipment and services, training, communications, uniforms, 
     weapons, and reimbursement to the Environmental Protection 
     Agency, Hazardous Substance Superfund for additional expenses 
     incurred for anthrax investigations and cleanup actions, 
     $16,100,000, to remain available until expended, to be 
     disbursed by the Capitol Police Board or their delegee.

                          LIBRARY OF CONGRESS

                            Copyright Office


                         Salaries and Expenses

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

                       Administrative Provisions

       Sec. 901. The amount otherwise made available under section 
     506 of the Supplemental Appropriations Act, 1973 (2 U.S.C. 
     58) for fiscal year 2002 to any Senator from the Senators' 
     Official Personnel and Office Expense Account shall be 
     increased by the amount (not in excess of $20,000) which the 
     Senator certifies in a written request to the Secretary of 
     the Senate made not later than September 30, 2002, as being 
     necessary for the payment or reimbursement of expenditures 
     incurred or obligated during fiscal year 2002 that--
       (1) are otherwise payable from such account, and
       (2) are directly related to responses to the terrorist 
     attacks of September 11, 2001, or the discovery of anthrax in 
     the Senate complex and the displacement of Senate offices due 
     to such discovery.
       Sec. 902. (a) Chapter 9 of the Emergency Supplemental Act, 
     2002 (Public Law 107-117; 115 Stat. 2315), is amended--
       (1) in section 901(a), by striking ``buildings and 
     facilities'' and insert ``buildings and facilities, subject 
     to the availability of appropriations,''.
       (b) Section 9 of the Act of July 31, 1946 (40 U.S.C. 212a), 
     is amended by redesignating the subsection (b) added by 
     section 903(c)(2) of the Emergency Supplemental Act, 2002, as 
     subsection (c).
       (c) The amendment made by this section shall take effect as 
     if included in the enactment of the Emergency Supplemental 
     Act, 2002.
       Sec. 903. (a) Chapter 9 of the Emergency Supplemental Act, 
     2002 (Public Law 107-117; 115 Stat. 2315), is amended--
       (1) in section 903(a), by striking ``buildings and 
     facilities'' and insert ``buildings and facilities, subject 
     to the availability of appropriations,''.
       (b) Section 9 of the Act of July 31, 1946 (40 U.S.C. 212a), 
     is amended by redesignating the subsection (b) added by 
     section 903(c)(2) of the Emergency Supplemental Act, 2002, as 
     subsection (c).
       (c) The amendment made by this section shall take effect as 
     if included in the enactment of the Emergency Supplemental 
     Act, 2002.
       Sec. 904. Nothing in section 1535 of title 31, U.S.C. 
     (commonly referred to as the ``Economy Act''), or any other 
     provision of such title may be construed to prevent or 
     restrict the Chief Administrative Officer of the House of 
     Representatives from placing orders under such section during 
     any fiscal year in the same manner and to the same extent as 
     the head of any other major organizational unit with an 
     agency may place orders under such section during a fiscal 
     year.
       Sec. 905. (a) The Architect of the Capitol is authorized, 
     subject to the availability of appropriations, to acquire 
     (through purchase, lease, or otherwise) buildings and 
     facilities for use as computer backup facilities (and related 
     uses) for offices in the legislative branch.
       (b) The acquisition of a building or facility under 
     subsection (a) shall be subject to the approval of--
       (1) the House Office Building Commission, in the case of a 
     building or facility acquired for the use of an office of the 
     House of Representatives;
       (2) the Committee on Rules and Administration of the 
     Senate, in the case of a building or facility acquired for 
     the use of an office of the Senate; or
       (3) the House Office Building Commission in the case of a 
     building or facility acquired for the use of any other office 
     in the legislative branch as part of a joint facility with 
     (1) above, or the Committee on Rules and Administration of 
     the Senate, in the case of a building or facility acquired 
     for the use of any other office in the legislative branch as 
     part of a joint facility with (2) above.
       (c) Any building or facility acquired by the Architect of 
     the Capitol pursuant to subsection (a) shall be a part of the 
     United States Capitol Grounds and shall be subject to the 
     provisions of the Act entitled ``An Act to define the area of 
     the United States Capitol Grounds, to regulate the use 
     thereof, and for other purposes'', approved July 31, 1946.
       (d) This section shall apply with respect to fiscal year 
     2002 and each succeeding fiscal year.
       Sec. 906. (a) There is hereby established in the Treasury 
     of the United States an account for the Architect of the 
     Capitol to be known as ``Capitol Police Buildings and 
     Grounds'' (hereinafter in this section referred to as the 
     ``account'').
       (b) Funds in the account shall be used by the Architect of 
     the Capitol for all necessary expenses for the maintenance, 
     care, and operation of buildings and grounds of the United 
     States Capitol Police.
       (c) This section shall apply with respect to fiscal year 
     2002 and each succeeding fiscal year. Any amounts provided to 
     the Architect of the Capitol prior to the date of the 
     enactment of this Act for the maintenance, care, and 
     operation of buildings of the United States Capitol Police 
     during fiscal year 2002 shall be transferred to the account.
       Sec. 907. (a) Subject to the approval of the House Office 
     Building Commission and the Senate Committee on Rules and 
     Administration, the Architect of the Capitol is authorized to 
     acquire (through purchase, lease, transfer from another 
     Federal entity, or otherwise) real property, subject to the 
     availability of appropriations and upon approval of an 
     obligation plan by the Committees on Appropriations of the 
     House and Senate, for the use of the United States Capitol 
     Police.
       (b) Any real property acquired by the Architect of the 
     Capitol pursuant to subsection (a) shall be a part of the 
     United States Capitol Grounds and shall be subject to the 
     provisions of the Act entitled ``An Act to define the area of 
     the United States Capitol Grounds, to regulate the use 
     thereof, and for other purposes'', approved July 31, 1946.
       (c) This section shall apply with respect to fiscal year 
     2002 and each succeeding fiscal year.

                               CHAPTER 10

                         DEPARTMENT OF DEFENSE

                         MILITARY CONSTRUCTION

                    Military Construction, Air Force

       For an additional amount for ``Military Construction, Air 
     Force'', $7,250,000, to remain available until September 30, 
     2006: Provided, That the entire amount is designated by the 
     Congress as an emergency requirement pursuant to section 
     251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended: Provided further, That the 
     entire amount shall be available only to the extent an 
     official budget request that includes designation of the 
     entire amount of the request as an emergency requirement as 
     defined in the Balanced Budget and Emergency Deficit Control 
     Act of 1985, as amended, is transmitted by the President to 
     the Congress: Provided further, That notwithstanding any 
     other provision of law, such funds may be obligated or 
     expended to carry out planning and design and military 
     construction projects not otherwise authorized by law.

                  Military Construction, Defense-wide


                     (including transfer of funds)

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

                    GENERAL PROVISION--THIS CHAPTER

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

                               CHAPTER 11

                      DEPARTMENT OF TRANSPORTATION

                        Office of the Secretary


              Transportation Administrative Service Center

                      (limitation on obligations)

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

                 Transportation Security Administration


                     (including transfer of funds)

       For additional amounts for emergency expenses to ensure 
     transportation security, $3,850,200,000, to remain available 
     until expended: Provided, That the entire amount is 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A) of

[[Page 13651]]

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

     Provided further, That none of the funds in this Act shall be 
     used to recruit or hire personnel into the Transportation 
     Security Administration which would cause the agency to 
     exceed a staffing level of 45,000 full-time permanent 
     positions.

                            U.S. Coast Guard


                           Operating Expenses

       For an additional amount for ``Operating Expenses'' for 
     emergency expenses for homeland security and other purposes, 
     $200,000,000, to remain available until September 30, 2003: 
     Provided, That the entire amount is designated by the 
     Congress as an emergency requirement pursuant to section 
     251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended: Provided further, That of 
     such amount, $11,000,000 shall be available only to the 
     extent an official budget request that includes designation 
     of the $11,000,000 as an emergency requirement as defined in 
     such Act is transmitted by the President to the Congress.


              Acquisition, Construction, and Improvements

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

                    Federal Aviation Administration


                               Operations

                     (including transfer of funds)

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


                        Facilities and Equipment

                    (Airport and Airway Trust Fund)

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


                       Grants-In-Aid For Airports

                    (Airport and Airway Trust Fund)

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

                     Federal Highway Administration


                          FEDERAL-AID HIGHWAYS

                        Emergency Relief Program

                          (Highway Trust Fund)

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


                          federal-aid highways

                          (highway trust fund)

                              (rescission)

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


                          federal-aid highways

                        emergency relief program

                          (highway trust fund)

       For an additional amount for the ``Emergency Relief 
     Program'', as authorized by section 125 of title 23, United 
     States Code, $98,000,000, to be derived from the Highway 
     Trust Fund and to remain available until expended: Provided, 
     That the entire amount is designated by the Congress as an 
     emergency requirement pursuant to section 251(b)(2)(A) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985, as 
     amended: Provided further, That the entire amount shall be 
     available only to the extent that an official budget request, 
     that includes designation of the entire amount of the request 
     as an emergency requirement as defined in the Balanced Budget 
     and Emergency Deficit Control Act of 1985, as amended, is 
     transmitted by the President to the Congress.

              Federal Motor Carrier Safety Administration


                       Border Enforcement Program

                          (highway trust fund)

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


                      Hazardous Materials Security

                          (highway trust fund)

       For necessary expenses to implement the hazardous materials 
     safety permit program pursuant to 49 U.S.C. 5109, $5,000,000, 
     to be derived from the Highway Trust Fund and to remain 
     available until expended: Provided, That the entire amount is 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended:

[[Page 13652]]

     Provided further, That the entire amount shall be available 
     only to the extent an official budget request that includes 
     designation of the entire amount of the request as an 
     emergency requirement as defined in such Act is transmitted 
     by the President to the Congress.

                    Federal Railroad Administration


         grants to the national railroad passenger corporation

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

                     Federal Transit Administration


                       Capital Investment Grants

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

                    GENERAL PROVISIONS--THIS CHAPTER

       Sec. 1101. Notwithstanding any other provision of law, 
     projects and activities designated on pages 82 through 92 of 
     House Report 107-308 shall be eligible for fiscal year 2002 
     funds made available for the program for which each project 
     or activity is so designated and projects and activities on 
     pages 116 and 117 shall be awarded those grants upon receipt 
     of an application.
       Sec. 1102. Section 335 of Public Law 107-87 is amended by 
     inserting ``and the Transportation Security Administration'' 
     after ``the Federal Aviation Administration''; by inserting 
     ``, aviation security'' after ``air navigation'', and by 
     inserting ``and the TSA for necessary security checkpoints'' 
     after the word ``facilities''.
       Sec. 1103. Title II of Division C of Public Law 105-277 is 
     amended by striking ``of more than 750 gross registered 
     tons'' in each place it appears, and inserting in lieu 
     thereof, ``of more than 750 gross registered tons (as 
     measured under Chapter 145 of Title 46) or 1,900 gross 
     registered tons as measured under Chapter 143 of that 
     Title)''.
       Sec. 1104. Section 354 of Public Law 106-346 (114 Stat. 
     1356A-35) is amended by inserting ``or Nail Road'' after 
     ``Star Landing Road''.
       Sec. 1105. Notwithstanding any other provision of law, 
     $2,750,000 of amounts made available for ``Intelligent 
     Transportation Systems'' in Public Law 107-87 and Public Law 
     106-346 shall be made available for activities authorized 
     under section 5118 of Public Law 105-178.

                               CHAPTER 12

                       DEPARTMENT OF THE TREASURY

                Federal Law Enforcement Training Center


                         salaries and expenses

       For an additional amount for ``Salaries and Expenses'' for 
     expenses of expanded law enforcement training workload 
     resulting from the September 11, 2001 terrorist attacks 
     against the United States, $15,870,000, to remain available 
     until September 30, 2003: Provided, That the entire amount is 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended: Provided 
     further, That the entire amount shall be available only to 
     the extent that an official budget request, that includes 
     designation of the entire amount of the request as an 
     emergency requirement as defined in the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended, is 
     transmitted by the President to the Congress.

                      Financial Management Service


                         salaries and expenses

                              (rescission)

       Of the unobligated balance as of June 30, 2002, of the 
     funds made available for ``Financial Management Service, 
     Salaries and Expenses'' in chapter 10 of title II of Public 
     Law 107-20, $14,000,000 are rescinded.

                     United States Customs Service


                         Salaries and Expenses

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

                        Internal Revenue Service


                          information systems

                              (rescission)

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


                     business systems modernization

       For an additional amount for ``Internal Revenue Service, 
     Business Systems Modernization'', $14,000,000, to remain 
     available until September 30, 2003. Such additional amount 
     may not be obligated until the Internal Revenue Service 
     submits to the Committees on Appropriations, and such 
     Committees approve, a plan for the expenditure of such 
     additional amount that complies with the requirements as 
     specified in clauses (1) through (6) under such heading in 
     Public Law 107-67.

                      United States Secret Service


                         salaries and expenses

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

                             POSTAL SERVICE

                   Payment to the Postal Service Fund

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

    EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE 
                               PRESIDENT

                        Office of Administration


                         Salaries and Expenses

       For an additional amount for ``Salaries and Expenses'', 
     $3,800,000, to remain available until expended: Provided, 
     That the entire amount is designated by the Congress as an 
     emergency requirement pursuant to section 251(b)(2)(A) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985, as 
     amended.

                    Office of Management and Budget


                         salaries and expenses

                              (rescission)

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


          election administration reform and related expenses

                     (including transfer of funds)

       For necessary expenses for the implementation of an Act 
     authorizing funds for the improvement of election 
     administration and related expenses, $400,000,000, to remain 
     available until expended: Provided, That such amounts shall 
     not be available for obligation until the enactment of such 
     Act: Provided further, That upon enactment of such Act, the 
     Director of the Office of Management and Budget shall 
     transfer such amounts to the Federal entities authorized by 
     such Act to expend funds for the designated purposes: 
     Provided further, That, within 15 days of such transfers, the 
     Director of the Office of Management and Budget shall notify 
     Congress of the amounts transferred to each authorized 
     Federal entity: Provided further, That the entities to which 
     the amounts are transferred shall use the amounts to carry 
     out the applicable provisions of such Act: Provided further, 
     That the transfer authority provided in this paragraph shall 
     be in addition to any other transfer authority provided in 
     this or any other Act: Provided further, That the entire 
     amount is designated by the Congress as an emergency 
     requirement pursuant to section 251(b)(2)(A) of the Balanced 
     Budget and Emergency Deficit Control Act of 1985, as amended: 
     Provided further, That the entire amount shall be available 
     only to the extent that an official budget request, that 
     includes designation of the entire amount of the request as 
     an emergency requirement as defined in the Balanced Budget 
     and Emergency Deficit Control Act of 1985, as amended, is 
     transmitted by the President to the Congress.

                          INDEPENDENT AGENCIES

                      Federal Election Commission


                         salaries and expenses

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

                    General Services Administration


                        REAL PROPERTY ACTIVITIES

                         Federal Buildings Fund

       For an additional amount for ``Federal Buildings Fund'' for 
     building security emergency expenses resulting from the 
     September 11, 2001, terrorist attacks on the United States, 
     $21,800,000: Provided, That the entire amount is designated 
     by the Congress as an emergency requirement pursuant to 
     section 251(b)(2)(A) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985, as amended.

                    GENERAL PROVISIONS--THIS CHAPTER

       Sec. 1201. None of the funds appropriated in this or any 
     other Act may be used to transfer

[[Page 13653]]

     the functions, missions, or activities of the United States 
     Customs Service to the Department of Justice.
       Sec. 1202. (a) The Federal Law Enforcement Training Center 
     may, for a period ending not later than 5 years after the 
     date of the enactment of this Act, appoint and maintain a 
     cadre of up to 250 Federal annuitants--(1) without regard to 
     any provision of title 5, United States Code, which might 
     otherwise require the application of competitive hiring 
     procedures; and (2) who shall not be subject to any reduction 
     in pay (for annuity allocable to the period of actual 
     employment) under the provisions of section 8344 or 8468 of 
     such title 5 or similar provision of any other retirement 
     system for employees. A reemployed Federal annuitant as to 
     whom a waiver of reduction under paragraph (2) applies shall 
     not, for any period during which such waiver is in effect, be 
     considered an employee for purposes of subchapter III of 
     chapter 83 or chapter 84 of title 5, United States Code, or 
     such other retirement system (referred to in paragraph (2)) 
     as may apply.
       (b) No appointment under this section may be made which 
     would result in the displacement of any employee.
       (c) For purposes of this section--
       (1) the term ``Federal annuitant'' means an employee who 
     has retired under the Civil Service Retirement System, the 
     Federal Employees' Retirement System, or any other retirement 
     system for employees;
       (2) the term ``employee'' has the meaning given such term 
     by section 2105 of such title 5; and
       (3) the counting of Federal annuitants shall be done on a 
     full time equivalent basis.
       Sec. 1203. Notwithstanding any other provision of law, 
     hereafter, for purposes of section 201(a) of the Federal 
     Property and Administrative Services Act of 1949 (relating to 
     Federal sources of supply, including lodging providers, 
     airlines and other transportation providers), the Eisenhower 
     Exchange Fellowship Program shall be deemed an executive 
     agency for the purposes of carrying out the provisions of 20 
     U.S.C. 5201, and the employees of and participants in the 
     Eisenhower Exchange Fellowship Program shall be eligible to 
     have access to such sources of supply on the same basis as 
     employees of an executive agency have such access.

                               CHAPTER 13

                     DEPARTMENT OF VETERANS AFFAIRS

                    Veterans Benefits Administration


                       COMPENSATION AND PENSIONS

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

                     Veterans Health Administration


                              medical care

       For an additional amount for ``Medical care'', 
     $417,000,000, to remain available until September 30, 2003: 
     Provided, That the funds provided herein be allocated using 
     the VERA methodology: Provided further, That for the purposes 
     of enabling the collection from third-party insurance 
     carriers for non-service related medical care of veterans, 
     all Department of Veterans Affairs healthcare facilities are 
     hereby certified as Medicare and Medicaid providers and the 
     Centers for Medicare and Medicaid Services within the 
     Department of Health and Human Services shall issue each 
     Department of Veterans Affairs healthcare facility a provider 
     number as soon as practicable after the date of enactment of 
     this Act: Provided further, That nothing in the preceding 
     proviso shall be construed to enable the Department of 
     Veterans Affairs to bill Medicare or Medicaid for any medical 
     services provided by the Veterans Health Administration or to 
     require the Centers for Medicare and Medicaid Services to pay 
     for any medical services provided by the Department of 
     Veterans Affairs: Provided further, That $275,000,000 is 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended: Provided 
     further, That $275,000,000 shall be available only to the 
     extent that an official budget request, that includes 
     designation of the entire amount of the request as an 
     emergency requirement as defined in the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended, is 
     transmitted by the President to the Congress.

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                       Public and Indian Housing


                        housing certificate fund

                              (rescission)

       Of the unobligated balances remaining from funds 
     appropriated to the Department of Housing and Urban 
     Development under this heading or the heading ``Annual 
     contributions for assisted housing'' or any other heading for 
     fiscal year 2002 and prior years, $388,500,000 is hereby 
     rescinded: Provided, That this rescission shall apply first 
     to such unobligated balances under this heading or the 
     heading ``Annual contributions for assisted housing'': 
     Provided further, That any unobligated balances governed by 
     reallocation provisions under the statute authorizing the 
     program for which the funds were originally appropriated may 
     be available for this rescission subject to the first 
     proviso.

                   Community Planning and Development


                       community development fund

       For an additional amount for the ``Community development 
     fund'' for emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, $783,000,000, 
     to remain available until expended: Provided, That the State 
     of New York, in cooperation with the City of New York, shall, 
     through the Lower Manhattan Development Corporation, 
     distribute these funds: Provided further, That such funds may 
     be used for assistance for properties and businesses 
     (including the restoration of utility infrastructure) damaged 
     by, and for economic revitalization directly related to, the 
     terrorist attacks on the United States that occurred on 
     September 11, 2001, in New York City and for reimbursement to 
     the State and City of New York for expenditures incurred from 
     the regular Community Development Block Grant formula 
     allocation used to achieve these same purposes: Provided 
     further, That the State of New York is authorized to provide 
     such assistance to the City of New York: Provided further, 
     That in administering these funds and funds under section 108 
     of title I of the Housing and Community Development Act of 
     1974, as amended, used for economic revitalization activities 
     in New York City, the Secretary may waive, or specify 
     alternative requirements for, any provision of any statute or 
     regulation that the Secretary administers in connection with 
     the obligation by the Secretary or the use by the recipient 
     of these funds or guarantees (except for requirements related 
     to fair housing, nondiscrimination, labor standards, and the 
     environment), upon a finding that such waiver is required to 
     facilitate the use of such funds or guarantees: Provided 
     further, That such funds shall not adversely affect the 
     amount of any formula assistance received by the State of New 
     York, New York City, or any categorical application for other 
     Federal assistance: Provided further, That the Secretary 
     shall publish in the Federal Register any waiver of any 
     statute or regulation that the Secretary administers pursuant 
     to title I of the Housing and Community Development Act of 
     1974, as amended, no later than 5 days before the effective 
     date of such waiver: Provided further, That the Secretary 
     shall notify the Committees on Appropriations on the proposed 
     allocation of any funds and any related waivers pursuant to 
     this section no later than 5 days before such allocation: 
     Provided further, That the entire amount is designated by the 
     Congress as an emergency requirement pursuant to section 
     251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended.
       The referenced statement of the managers under the heading 
     ``Community development block grants'' in title II of Public 
     Law 105-276 is deemed to be amended by striking ``$250,000 
     for renovation, accessibility, and asbestos remediation for 
     the Wellstone Neighborhood Center, Wellstone, Missouri'' and 
     insert in lieu thereof ``$250,000 for the St. Louis Economic 
     Council for design, infrastructure and construction related 
     to the Enterprise Center-Wellstone in Wellstone, Missouri''.
       The referenced statement of the managers under the heading 
     ``Community development fund'' in title II of Public Law 106-
     377 is deemed to be amended by striking ``$2,000,000 is for 
     the Louisville Community Development Bank for the Louisville 
     Neighborhood Initiative'' and inserting ``$2,000,000 for 
     neighborhood revitalization activities in Louisville, 
     Kentucky, as follows: $170,000 to the Christian Church Homes 
     of Kentucky for facility upgrades at Chapel House, $500,000 
     to the Louisville Medical Center Development Corporation for 
     expansion of a research park, $400,000 to the Louisville 
     Science Center for construction of a permanent exhibition, 
     $150,000 to the New Zion Community Development Foundation for 
     renovation of a facility, $400,000 to the Presbyterian 
     Community Center for construction of a facility, $180,000 to 
     the St. Stephen Family Life Center for renovation of a 
     facility, and $200,000 to the United Crescent Hill Ministries 
     for renovation of a facility''.
       The referenced statement of the managers under the heading 
     ``Community development fund'' in title II of Public Law 106-
     377 is deemed to be amended by striking ``$1,000,000 for the 
     Community Action Agency of Southern New Mexico, Inc. for 
     construction of a regional food bank and supporting offices'' 
     and insert in lieu thereof ``$1,000,000 for the Community 
     Action Agency of Southern New Mexico for construction, 
     purchase, or renovation and the equipping of a regional food 
     bank and supporting offices''.
       The referenced statement of the managers under the heading 
     ``Community development fund'' in title II of Public Law 107-
     73 is deemed to be amended by striking ``$400,000 to the City 
     of Reading, Pennsylvania for the development of the 
     Morgantown Road Industrial Park on what is currently a 
     brownfields site'' and insert in lieu thereof ``$400,000 for 
     the City of Reading, Pennsylvania for the development of the 
     American Chain and Cable brownfield site''.
       The referenced statement of the managers under the heading 
     ``Community development fund'' in title II of Public Law 107-
     73 is deemed to be amended by striking ``$750,000 for the 
     Smart Start Child Care Center and Expertise School of Las 
     Vegas, Nevada for construction of a child care facility'' and 
     insert in lieu thereof ``$250,000 for the Smart Start Child 
     Care Center of Las Vegas, Nevada for construction of a child 
     care facility and $500,000 for Expertise, Inc. of Las Vegas, 
     Nevada for job training''.
       The referenced statement of the managers under the heading 
     ``Community development fund'' in title II of Public Law 107-
     73 is deemed to be amended by striking ``$3,000,000 for the 
     Louisville Community Development Bank for continuation of the 
     Louisville Neighborhood Initiative'' and inserting 
     ``$3,000,000 for neighborhood revitalization activities in 
     Louisville, Kentucky, as follows: $250,000 to the Bridgehaven 
     Mental Health Agency for planning and development of a 
     facility, $600,000 to the Cable Life

[[Page 13654]]

     Community Enrichment Corporation for construction of a 
     facility, $350,000 to Catholic Charities for renovation of a 
     facility, $500,000 to the Center for Women and Families for 
     an affordable housing program, $100,000 to the Clifton 
     Cultural Center for renovation of a historic building, 
     $200,000 to Harrods Creek Community Development for 
     construction of a facility, $200,000 to the James Taylor 
     Memorial Home for facility improvements, $600,000 to the 
     Kentucky Art and Craft Foundation for renovation of a 
     facility, and $200,000 to the Shelby Park Neighborhood 
     Association for facility construction''.
       The referenced statement of the managers under the heading 
     ``Community development block grants'' in title II of Public 
     Law 106-74 is deemed to be amended with respect to the amount 
     made available for the City of Hollister, California by 
     striking ``to the City of Hollister, California for the 
     construction of a new fire station'' and inserting ``to the 
     Monterey County, California Economic Development Agency for a 
     mobile animal slaughter processing unit''.
       The unobligated amount appropriated in the third paragraph 
     under the heading ``Community development block grants'' in 
     chapter 8 of title II of the Emergency Supplemental Act, 2000 
     (Public Law 106-246; 114 Stat. 565), as subsequently made 
     available under the heading ``Community development fund'' in 
     chapter 13 of Division A of the Miscellaneous Appropriations 
     Act, 2001 (H.R. 5666 (excluding section 123), 106th Congress, 
     as enacted into law by Public Law 106-554; 114 Stat. 2763D-
     42), for a grant to the County of Richmond, North Carolina, 
     shall remain available until September 30, 2003, for 
     development and construction of the Richmond County 
     Industrial Park.
       The referenced statement of the managers under this heading 
     in title II of Public Law 106-377 is deemed to be amended by 
     striking ``$300,000 for Upper Darby Township, Pennsylvania to 
     assist residents with homes that are sinking due to soil 
     subsidence'' and insert in lieu thereof ``$300,000 for Upper 
     Darby Township, Pennsylvania to assist residents with homes 
     that are sinking due to soil subsidence and for the 
     development of a recreation area, including parking, at 
     Shadeland Avenue''.
       The referenced statement of the managers under this heading 
     in Public Law 107-73 is deemed to be amended by striking 
     ``$150,000 to Winchester County, Virginia for the historic 
     restoration of the Winchester County Courthouse'' and 
     inserting ``$150,000 to Frederick County, Virginia for the 
     historic restoration of the Old Frederick County Courthouse 
     in Winchester, Virginia''.
       The referenced statement of the managers under this heading 
     in Public Law 107-73 is deemed to be amended with respect to 
     the amount made available for Family Focus by striking 
     ``Family Focus'' and inserting ``the Weissbourd-Holmes Family 
     Focus Center'' and by striking ``Evansville'' and inserting 
     ``Evanston''.
       The referenced statement of the managers under this heading 
     in Public Law 107-73 is deemed to be amended by striking 
     ``$100,000 for Morristown Neighborhood House for the 
     infrastructure improvements to the Manahan Village Resident 
     Center Childcare facility in Morristown, New Jersey'' and 
     inserting ``$100,000 to the Somerset Valley YMCA Childcare 
     Center in Somerset County, New Jersey for capital 
     improvements''.
       The referenced statement of the managers under this heading 
     in Public Law 107-73 is deemed to be amended by striking 
     ``$600,000 to the Reuben Lindh Family Services in 
     Minneapolis, Minnesota for facilities rehabilitation'' and 
     inserting in lieu thereof ``$350,000 to the Plymouth 
     Christian Youth Center in Minneapolis, Minnesota for 
     facilities rehabilitation and $250,000 to Migizi 
     Communications in Minneapolis, Minnesota to repair and 
     renovate its Family Education Center''.


                  HOME INVESTMENT PARTNERSHIPS PROGRAM

                              (RESCISSION)

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

                            Housing Programs


                       rental housing assistance

                              (rescission)

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

                          INDEPENDENT AGENCIES

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                     National Institutes of Health


          National Institute of Environmental Health Sciences

       For an additional amount for ``National Institute of 
     Environmental Health Sciences'', $8,000,000, to remain 
     available until September 30, 2003, to carry out activities 
     set forth in section 311(a) of the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980, as amended, and section 126(g) of the Superfund 
     Amendments and Reauthorization Act of 1986 in response to the 
     September 11, 2001, terrorist attacks on the United States: 
     Provided, That the entire amount is designated by the 
     Congress as an emergency requirement pursuant to section 
     251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended: Provided further, That the 
     entire amount shall be available only to the extent an 
     official budget request that includes designation of the 
     entire amount of the request as an emergency requirement as 
     defined in the Balanced Budget and Emergency Deficit Control 
     Act of 1985, as amended, is transmitted by the President to 
     the Congress.

            Agency for Toxic Substances and Disease Registry


            toxic substances and environmental public health

       For an additional amount for ``Toxic substances and 
     environmental public health'', $11,300,000, to remain 
     available until September 30, 2003, of which $1,800,000 is 
     for additional expenses incurred in response to the September 
     11, 2001, terrorist attacks on the United States, and of 
     which $9,500,000 is to enhance the States' capacity to 
     respond to chemical terrorism events: Provided, That the 
     entire amount is designated by the Congress as an emergency 
     requirement pursuant to section 251(b)(2)(A) of the Balance 
     Budget and Emergency Deficit Control Act of 1985, as amended: 
     Provided further, That the entire amount shall be available 
     only to the extent an official budget request that includes 
     designation of the entire amount of the request as an 
     emergency requirement as defined in the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended, is 
     transmitted by the President to the Congress.

                    Environmental Protection Agency


                         SCIENCE AND TECHNOLOGY

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


                 ENVIRONMENTAL PROGRAMS AND MANAGEMENT

                          (TRANSFER OF FUNDS)

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


                   State and Tribal Assistance Grants

       The referenced statement of the managers under this heading 
     in Public Law 106-377 is deemed to be amended by striking 
     everything after ``$1,000,000'' in reference to item 91 and 
     inserting ``to the Northern Kentucky Area Development 
     District for Carroll County Wastewater Infrastructure Project 
     ($500,000), City of Owenton Water Collection and Treatment 
     System Improvements and Freshwater Intake Project ($400,000), 
     Grant County Williamstown Lake Expansion Project ($50,000), 
     and Pendleton County Williamstown Lake Expansion Project 
     ($50,000)''.
       The referenced statement of the managers under this heading 
     in Public Law 107-73 is deemed to be amended by striking 
     everything after ``for'' in reference to item number 202 and 
     inserting ``storm water infrastructure improvements''.
       Grants appropriated under this heading in Public Law 107-73 
     for drinking water infrastructure needs in the New York City 
     watershed shall be awarded under section 1443(d) of the Safe 
     Drinking Water Act, as amended.
       The referenced statement of the managers under this heading 
     in Public Law 106-377 is deemed to be amended by striking 
     everything after ``$2,000,000'' in reference to item number 
     168 and inserting ``for the Town of Wallace, North Carolina 
     for a regional wastewater infrastructure improvement project 
     ($1,000,000), and for the Town of Cary, North Carolina for 
     wastewater infrastructure improvements including the 
     treatment of biosolids ($1,000,000).''.
       The referenced statement of managers under this heading in 
     Public Law 107-73 is deemed to be amended in item 19 by 
     inserting the words ``water and'' after the word ``for''.
       The referenced statement of the managers under this heading 
     in Public Law 107-73 is deemed to be amended by striking 
     everything after ``sewer'' in reference to item number 183 
     and inserting ``and drinking water upgrade project in 
     Anaconda, Montana''.
       The referenced statement of the managers under this heading 
     in Public Law 107-73 is deemed to be amended by striking 
     ``the City of Florence, Montana'' in reference to item number 
     184 and inserting ``the Florence County Water and Sewer 
     District''.

                  Federal Emergency Management Agency


                            Disaster Relief

       For an additional amount for ``Disaster relief'' for 
     emergency expenses to respond to the September 11, 2001, 
     terrorist attacks on the United States in carrying out the 
     Robert T.

[[Page 13655]]

     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5121 et seq.), and the Federal Fire Prevention and 
     Control Act of 1974, as amended (15 U.S.C. 2201 et seq.), 
     $2,650,700,000, to remain available until expended: Provided, 
     That in administering the Mortgage and Rental Assistance 
     Program for victims of September 11, 2001, the Federal 
     Emergency Management Agency will recognize those people who 
     were either directly employed in the Borough of Manhattan or 
     had at least 75 percent of their wages coming from business 
     conducted within the Borough of Manhattan as eligible for 
     assistance under the program, as they were directly impacted 
     by the terrorist attacks: Provided further, That FEMA shall 
     provide compensation to previously denied Mortgage and Rental 
     Assistance Program applicants who would qualify under these 
     new guidelines: Provided further, That the entire amount is 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended.


                  disaster assistance for unmet needs

       For an additional amount for ``Disaster assistance for 
     unmet needs'', $23,200,000, to remain available until 
     September 30, 2004, for use by the Director of the Federal 
     Emergency Management Agency (Director) only for disaster 
     relief, long-term recovery, and mitigation in communities 
     affected by Presidentially-declared natural disasters 
     designated during fiscal year 2002, only to the extent funds 
     are not made available for those activities by the Federal 
     Emergency Management Agency (under its ``Disaster relief'' 
     program) or the Small Business Administration: Provided, That 
     in administering these funds the Director shall allocate 
     these funds to States to be administered by each State in 
     conjunction with its Federal Emergency Management Agency 
     Disaster Relief program: Provided further, That each State 
     shall provide not less than 25 percent in non-Federal public 
     matching funds or its equivalent value (other than 
     administrative costs) for any funds allocated to the State 
     under this heading: Provided further, That the Director shall 
     allocate these funds based on the unmet needs arising from a 
     Presidentially-declared disaster as identified by the 
     Director as those which have not or will not be addressed by 
     other Federal disaster assistance programs and for which it 
     is deemed appropriate to supplement the efforts and available 
     resources of States, local governments and disaster relief 
     organizations: Provided further, That the Director shall 
     establish review groups within the Federal Emergency 
     Management Agency to review each request by a State of its 
     unmet needs and certify as to the actual costs associated 
     with the unmet needs as well as the commitment and ability of 
     each State to provide its match requirement: Provided 
     further, That the Director shall publish a notice in the 
     Federal Register governing the allocation and use of the 
     funds under this heading, including provisions for ensuring 
     the compliance of the States with the requirements of this 
     program: Provided further, That 10 days prior to distribution 
     of funds, the Director shall submit a list to the House and 
     Senate Committees on Appropriations setting forth the 
     proposed uses of funds and the most recent estimates of unmet 
     needs: Provided further, That the Director shall submit 
     quarterly reports to said Committees regarding the actual 
     projects and needs for which funds have been provided under 
     this heading: Provided further, That to the extent any funds 
     under this heading are used in a manner inconsistent with the 
     requirements of the program established under this heading 
     and rules issued pursuant thereto, the Director shall 
     recapture an equivalent amount of funds from the State from 
     any existing funds or future funds awarded to the State under 
     this heading or any other program administered by the Federal 
     Emergency Management Agency: Provided further, That the 
     entire amount is designated by the Congress as an emergency 
     requirement pursuant to section 251(b)(2)(A) of the Balanced 
     Budget and Emergency Deficit Control Act of 1985, as amended: 
     Provided further, That the entire amount shall be available 
     only to the extent an official budget request, that includes 
     designation of the entire amount of the request as an 
     emergency requirement as defined in the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended, is 
     transmitted by the President to the Congress.


              Emergency Management Planning and Assistance

       For an additional amount for ``Emergency management 
     planning and assistance'' for emergency expenses to respond 
     to the September 11, 2001, terrorist attacks on the United 
     States, $447,200,000, to remain available until September 30, 
     2003, of which $150,000,000 is for programs as authorized by 
     section 33 of the Federal Fire Prevention and Control Act of 
     1974, as amended (15 U.S.C. 2201 et seq.); $54,200,000 for 
     the existing national urban search and rescue system; and 
     $50,000,000 for interoperable communications equipment: 
     Provided, That the entire amount is designated by the 
     Congress as an emergency requirement pursuant to section 
     251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended: Provided further, That 
     $221,800,000 shall be available only to the extent an 
     official budget request, that includes designation of the 
     $221,800,000 as an emergency requirement as defined in the 
     Balanced Budget and Emergency Deficit Control Act of 1985, as 
     amended, is transmitted by the President to the Congress.


                        CERRO GRANDE FIRE CLAIMS

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

                      National Science Foundation


                     Education and Human Resources

       For an additional amount for ``Education and human 
     resources'' for emergency expenses to respond to emergent 
     needs in cyber security, $19,300,000, to remain available 
     until September 30, 2003: Provided, That the entire amount is 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended.

                    GENERAL PROVISIONS--THIS CHAPTER

       Sec. 1301. Notwithstanding the first paragraph of the item 
     in title II of Public Law 107-73 relating to ``Federal 
     housing administration, Mutual mortgage insurance program 
     account'', during fiscal year 2002, commitments to guarantee 
     loans to carry out the purposes of section 203(b) of the 
     National Housing Act shall not exceed a loan principal of 
     $165,000,000,000.
       Sec. 1302. Notwithstanding the first paragraph of the item 
     in title II of Public Law 107-73 related to ``Federal housing 
     administration, General and special risk program account'', 
     any amounts made available for fiscal year 2002 for the cost 
     of guaranteed loans, as authorized by sections 238 and 519 of 
     the National Housing Act (12 U.S.C. 1715z-3 and 1735c), 
     including the cost of loan guarantee modifications (as that 
     term is defined in section 502 of the Congressional Budget 
     Act of 1974), shall be available to subsidize total loan 
     principal, any part of which is to be guaranteed, of up to 
     $23,000,000,000.
       Sec. 1303. The Secretary of Housing and Urban Development 
     shall begin to enter into new agreements and contracts 
     pursuant to the Asset Control Area Demonstration Program as 
     provided in section 602 of Public Law 105-276 not later than 
     September 15, 2002: Provided, That any agreement or contract 
     entered into pursuant to such program shall be consistent 
     with the requirements of such section 602: Provided further, 
     That the Department shall develop proposed regulations for 
     this program not later than September 15, 2002.
       Sec. 1304. The Secretary of Housing and Urban Development 
     shall submit a report every 90 days to the House and Senate 
     Committees on Appropriations on the status of any multifamily 
     housing project (including all hospitals and nursing homes) 
     insured under the National Housing Act that has been in 
     default for longer than 60 days. The report shall include the 
     location of the property, the reason for the default, and all 
     actions taken by the Secretary and owner with regard to the 
     default, including any work-out agreements, the status and 
     terms of any assistance or loans, and any transfer of an 
     ownership interest in the property (including any assistance 
     or loans made to the prior, current or intended owner of the 
     property or to the local unit of government in which the 
     property is located). The initial report shall be submitted 
     no later than September 16, 2002.
       Sec. 1305. For purposes of facilitating the sale of 
     Stafford Apartments (FHA Project No: 052-44163) for use as 
     student housing--
       (1) the Secretary of Housing and Urban Development shall 
     renew the section 8 contract that was associated with such 
     property and that expired during fiscal year 2001 at rent 
     levels not to exceed market rents as determined by the 
     Secretary, subject to annual operating cost adjustment factor 
     increases, and subject to such other conditions as the 
     Secretary may determine appropriate, and the renewal of such 
     contract shall be deemed to have taken effect as of October 
     1, 2001;
       (2) prior to sale of this property for student housing, any 
     funds remaining in the property's residual receipts and 
     reserve for replacement accounts shall be used in connection 
     with the relocation of tenants under this section, and any 
     remaining amounts shall be returned to the Secretary;
       (3) subject to the concurrence by the Secretary with the 
     relocation plan for current tenants, the payment in full of 
     mortgages on this property insured pursuant to sections 
     236(j) and 241(a) of the National Housing Act and the 
     resultant termination of the insurance contracts associated 
     with those mortgages, the payment in full of the loan on this 
     property made pursuant to section 201 of the Housing and 
     Community Development Amendments of 1978, and, as of the date 
     of sale, the termination of any assistance under section 
     236(f)(2) of the National Housing Act and section 8 of the 
     United States Housing Act of 1937 and the return to the 
     Secretary of any such assistance that has not been expended, 
     such property may be sold for use as student housing, 
     notwithstanding any federal use restrictions required 
     pursuant to Section 201 of the Housing and Community 
     Development Amendments of 1978 (12 U.S.C. 1715z-1a) and 
     section 250 of the National Housing Act (12 U.S.C. 1715z-15);
       (4) upon the concurrence by the Secretary of such 
     relocation plan and the sale of such property for use as 
     student housing, all of the tenants of such property shall be 
     relocated and

[[Page 13656]]

     shall receive, subject to the availability of funds, tenant-
     based assistance under section 8(o) of the United States 
     Housing Act of 1937, notwithstanding any rights of such 
     tenants to elect to remain in such property pursuant to 
     section 8(t) of such Act (42 U.S.C. 1437f(t)) or to receive 
     enhanced voucher assistance under such section; and
       (5) the provisions of this section shall only remain 
     effective for 24 months from the date of enactment of this 
     section.

                               CHAPTER 14

                           GENERAL PROVISIONS

       Sec. 1401. No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year unless expressly so provided herein.
       Sec. 1402. Notwithstanding any other provision of law, all 
     adjustments made pursuant to section 251(b)(1)(B) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985 to 
     the highway category and to section 8103(a)(5) of the 
     Transportation Equity Act for the 21st Century for fiscal 
     year 2003 shall be deemed to be zero. This section shall 
     apply immediately to all reports issued pursuant to section 
     254 of the Balanced Budget and Emergency Deficit Control Act 
     of 1985 for fiscal year 2003, including the discretionary 
     sequester preview report.


               FEDERAL ADMINISTRATIVE AND TRAVEL EXPENSES

                             (RESCISSIONS)

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

     SEC. 2001. SHORT TITLE.

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

     SEC. 2002. FINDINGS.

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

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

       (a) Authority To Initially Waive Sections 5 and 7.--The 
     President is authorized to waive the prohibitions and 
     requirements of sections 2005 and 2007 for a single period of 
     1 year. A waiver under this subsection may be issued only if 
     the President at least 15 days in advance of exercising such 
     authority--
       (1) notifies the appropriate congressional committees of 
     the intention to exercise such authority; and
       (2) determines and reports to the appropriate congressional 
     committees that the International Criminal Court has entered 
     into a binding agreement that--
       (A) prohibits the International Criminal Court from seeking 
     to exercise jurisdiction over the following persons with 
     respect to actions undertaken by them in an official 
     capacity:
       (i) covered United States persons;
       (ii) covered allied persons; and
       (iii) individuals who were covered United States persons or 
     covered allied persons; and
       (B) ensures that no person described in subparagraph (A) 
     will be arrested, detained, prosecuted, or imprisoned by or 
     on behalf of the International Criminal Court.
       (b) Authority To Extend Waiver of Sections 5 and 7.--The 
     President is authorized to waive the prohibitions and 
     requirements of sections 2005 and 2007 for successive periods 
     of 1 year each upon the expiration of a previous waiver 
     pursuant to subsection (a) or this subsection. A waiver under 
     this subsection may be issued only if the President at least 
     15 days in advance of exercising such authority--
       (1) notifies the appropriate congressional committees of 
     the intention to exercise such authority; and
       (2) determines and reports to the appropriate congressional 
     committees that the International Criminal Court--
       (A) remains party to, and has continued to abide by, a 
     binding agreement that--
       (i) prohibits the International Criminal Court from seeking 
     to exercise jurisdiction over the following persons with 
     respect to actions undertaken by them in an official 
     capacity:

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

       (ii) ensures that no person described in clause (i) will be 
     arrested, detained, prosecuted, or imprisoned by or on behalf 
     of the International Criminal Court; and
       (B) has taken no steps to arrest, detain, prosecute, or 
     imprison any person described in clause (i) of subparagraph 
     (A).
       (c) Authority To Waive Sections 4 and 6 With Respect to an 
     Investigation or Prosecution of a Named Individual.--The 
     President is authorized to waive the prohibitions and 
     requirements of sections 2004 and 2006 to the degree such 
     prohibitions and requirements would

[[Page 13657]]

     prevent United States cooperation with an investigation or 
     prosecution of a named individual by the International 
     Criminal Court. A waiver under this subsection may be issued 
     only if the President at least 15 days in advance of 
     exercising such authority--
       (1) notifies the appropriate congressional committees of 
     the intention to exercise such authority; and
       (2) determines and reports to the appropriate congressional 
     committees that--
       (A) a waiver pursuant to subsection (a) or (b) of the 
     prohibitions and requirements of sections 2005 and 2007 is in 
     effect;
       (B) there is reason to believe that the named individual 
     committed the crime or crimes that are the subject of the 
     International Criminal Court's investigation or prosecution;
       (C) it is in the national interest of the United States for 
     the International Criminal Court's investigation or 
     prosecution of the named individual to proceed; and
       (D) in investigating events related to actions by the named 
     individual, none of the following persons will be 
     investigated, arrested, detained, prosecuted, or imprisoned 
     by or on behalf of the International Criminal Court with 
     respect to actions undertaken by them in an official 
     capacity:
       (i) Covered United States persons.
       (ii) Covered allied persons.
       (iii) Individuals who were covered United States persons or 
     covered allied persons.
       (d) Termination of Waiver Pursuant to Subsection (c).--Any 
     waiver or waivers exercised pursuant to subsection (c) of the 
     prohibitions and requirements of sections 2004 and 2006 shall 
     terminate at any time that a waiver pursuant to subsection 
     (a) or (b) of the prohibitions and requirements of sections 
     2005 and 2007 expires and is not extended pursuant to 
     subsection (b).
       (e) Termination of Prohibitions of This Title.--The 
     prohibitions and requirements of sections 2004, 2005, 2006, 
     and 2007 shall cease to apply, and the authority of section 
     2008 shall terminate, if the United States becomes a party to 
     the International Criminal Court pursuant to a treaty made 
     under article II, section 2, clause 2 of the Constitution of 
     the United States.

     SEC. 2004. PROHIBITION ON COOPERATION WITH THE INTERNATIONAL 
                   CRIMINAL COURT.

       (a) Application.--The provisions of this section--
       (1) apply only to cooperation with the International 
     Criminal Court and shall not apply to cooperation with an ad 
     hoc international criminal tribunal established by the United 
     Nations Security Council before or after the date of the 
     enactment of this Act to investigate and prosecute war crimes 
     committed in a specific country or during a specific 
     conflict; and
       (2) shall not prohibit--
       (A) any action permitted under section 2008; or
       (B) communication by the United States of its policy with 
     respect to a matter.
       (b) Prohibition on Responding to Requests for 
     Cooperation.--Notwithstanding section 1782 of title 28, 
     United States Code, or any other provision of law, no United 
     States Court, and no agency or entity of any State or local 
     government, including any court, may cooperate with the 
     International Criminal Court in response to a request for 
     cooperation submitted by the International Criminal Court 
     pursuant to the Rome Statute.
       (c) Prohibition on Transmittal of Letters Rogatory From the 
     International Criminal Court.--Notwithstanding section 1781 
     of title 28, United States Code, or any other provision of 
     law, no agency of the United States Government may transmit 
     for execution any letter rogatory issued, or other request 
     for cooperation made, by the International Criminal Court to 
     the tribunal, officer, or agency in the United States to whom 
     it is addressed.
       (d) Prohibition on Extradition to the International 
     Criminal Court.--Notwithstanding any other provision of law, 
     no agency or entity of the United States Government or of any 
     State or local government may extradite any person from the 
     United States to the International Criminal Court, nor 
     support the transfer of any United States citizen or 
     permanent resident alien to the International Criminal Court.
       (e) Prohibition on Provision of Support to the 
     International Criminal Court.--Notwithstanding any other 
     provision of law, no agency or entity of the United States 
     Government or of any State or local government, including any 
     court, may provide support to the International Criminal 
     Court.
       (f) Prohibition on Use of Appropriated Funds To Assist the 
     International Criminal Court.--Notwithstanding any other 
     provision of law, no funds appropriated under any provision 
     of law may be used for the purpose of assisting the 
     investigation, arrest, detention, extradition, or prosecution 
     of any United States citizen or permanent resident alien by 
     the International Criminal Court.
       (g) Restriction on Assistance Pursuant to Mutual Legal 
     Assistance Treaties.--The United States shall exercise its 
     rights to limit the use of assistance provided under all 
     treaties and executive agreements for mutual legal assistance 
     in criminal matters, multilateral conventions with legal 
     assistance provisions, and extradition treaties, to which the 
     United States is a party, and in connection with the 
     execution or issuance of any letter rogatory, to prevent the 
     transfer to, or other use by, the International Criminal 
     Court of any assistance provided by the United States under 
     such treaties and letters rogatory.
       (h) Prohibition on Investigative Activities of Agents.--No 
     agent of the International Criminal Court may conduct, in the 
     United States or any territory subject to the jurisdiction of 
     the United States, any investigative activity relating to a 
     preliminary inquiry, investigation, prosecution, or other 
     proceeding at the International Criminal Court.

     SEC. 2005. RESTRICTION ON UNITED STATES PARTICIPATION IN 
                   CERTAIN UNITED NATIONS PEACEKEEPING OPERATIONS.

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

     SEC. 2006. PROHIBITION ON DIRECT OR INDIRECT TRANSFER OF 
                   CLASSIFIED NATIONAL SECURITY INFORMATION AND 
                   LAW ENFORCEMENT INFORMATION TO THE 
                   INTERNATIONAL CRIMINAL COURT.

       (a) In General.--Not later than the date on which the Rome 
     Statute enters into force, the President shall ensure that 
     appropriate procedures are in place to prevent the transfer 
     of classified national security information and law 
     enforcement information to the International Criminal Court 
     for the purpose of facilitating an investigation, 
     apprehension, or prosecution.
       (b) Indirect Transfer.--The procedures adopted pursuant to 
     subsection (a) shall be designed to prevent the transfer to 
     the United Nations and to the government of any country that 
     is party to the International Criminal Court of classified 
     national security information and law enforcement information 
     that specifically relates to matters known to be under 
     investigation or prosecution by the International Criminal 
     Court, except to the degree that satisfactory assurances are 
     received from the United Nations or that government, as the 
     case may be, that such information will not be made available 
     to the International Criminal Court for the purpose of 
     facilitating an investigation, apprehension, or prosecution.
       (c) Construction.--The provisions of this section shall not 
     be construed to prohibit any action permitted under section 
     2008.

     SEC. 2007. PROHIBITION OF UNITED STATES MILITARY ASSISTANCE 
                   TO PARTIES TO THE INTERNATIONAL CRIMINAL COURT.

       (a) Prohibition of Military Assistance.--Subject to 
     subsections (b) and (c), and effective 1 year after the date 
     on which the Rome Statute enters into force pursuant to 
     Article 126 of the Rome Statute, no United States military 
     assistance may be provided to the government of a country 
     that is a party to the International Criminal Court.
       (b) National Interest Waiver.--The President may, without 
     prior notice to Congress, waive the prohibition of subsection 
     (a) with respect to a particular country if he determines

[[Page 13658]]

     and reports to the appropriate congressional committees that 
     it is important to the national interest of the United States 
     to waive such prohibition.
       (c) Article 98 Waiver.--The President may, without prior 
     notice to Congress, waive the prohibition of subsection (a) 
     with respect to a particular country if he determines and 
     reports to the appropriate congressional committees that such 
     country has entered into an agreement with the United States 
     pursuant to Article 98 of the Rome Statute preventing the 
     International Criminal court from proceeding against United 
     States personnel present in such country.
       (d) Exemption.--The prohibition of subsection (a) shall not 
     apply to the government of--
       (1) a NATO member country;
       (2) a major non-NATO ally (including Australia, Egypt, 
     Israel, Japan, Jordan, Argentina, the Republic of Korea, and 
     New Zealand); or
       (3) Taiwan.

     SEC. 2008. AUTHORITY TO FREE MEMBERS OF THE ARMED FORCES OF 
                   THE UNITED STATES AND CERTAIN OTHER PERSONS 
                   DETAINED OR IMPRISONED BY OR ON BEHALF OF THE 
                   INTERNATIONAL CRIMINAL COURT.

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

     SEC. 2009. ALLIANCE COMMAND ARRANGEMENTS.

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

     SEC. 2010. WITHHOLDINGS.

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

     SEC. 2011. APPLICATION OF SECTIONS 2004 AND 2006 TO EXERCISE 
                   OF CONSTITUTIONAL AUTHORITIES.

       (a) In General.--Sections 2004 and 2006 shall not apply to 
     any action or actions with respect to a specific matter 
     involving the International Criminal Court taken or directed 
     by the President on a case-by-case basis in the exercise of 
     the President's authority as Commander in Chief of the Armed 
     Forces of the United States under article II, section 2 of 
     the United States Constitution or in the exercise of the 
     executive power under article II, section 1 of the United 
     States Constitution.
       (b) Notification to Congress.--
       (1) In general.--Subject to paragraph (2), not later than 
     15 days after the President takes or directs an action or 
     actions described in subsection (a) that would otherwise be 
     prohibited under section 2004 or 2006, the President shall 
     submit a notification of such action to the appropriate 
     congressional committees. A notification under this paragraph 
     shall include a description of the action, a determination 
     that the action is in the national interest of the United 
     States, and a justification for the action.
       (2) Exception.--If the President determines that a full 
     notification under paragraph (1) could jeopardize the 
     national security of the United States or compromise a United 
     States law enforcement activity, not later than 15 days after 
     the President takes or directs an action or actions referred 
     to in paragraph (1) the President shall notify the 
     appropriate congressional committees that an action has been 
     taken and a determination has been made pursuant to this 
     paragraph. The President shall provide a full notification 
     under paragraph (1) not later than 15 days after the reasons 
     for the determination under this paragraph no longer apply.
       (c) Construction.--Nothing in this section shall be 
     construed as a grant of statutory authority to the President 
     to take any action.

     SEC. 2012. NONDELEGATION.

       The authorities vested in the President by sections 2003 
     and 2011(a) may not be delegated by the President pursuant to 
     section 301 of title 3, United States Code, or any other 
     provision of law. The authority vested in the President by 
     section 2005(c)(3) may not be delegated by the President 
     pursuant to section 301 of title 3, United States Code, or 
     any other provision of law to any official other than the 
     Secretary of Defense, and if so delegated may not be 
     subdelegated.

     SEC. 2013. DEFINITIONS.

       As used in this title and in section 706 of the Admiral 
     James W. Nance and Meg Donovan Foreign Relations 
     Authorization Act, Fiscal Years 2000 and 2001:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means the Committee 
     on International Relations of the House of Representatives 
     and the Committee on Foreign Relations of the Senate.
       (2) Classified national security information.--The term 
     ``classified national security information'' means 
     information that is classified or classifiable under 
     Executive Order 12958 or a successor Executive order.
       (3) Covered allied persons.--The term ``covered allied 
     persons'' means military personnel, elected or appointed 
     officials, and other persons employed by or working on behalf 
     of the government of a NATO member country, a major non-NATO 
     ally (including Australia, Egypt, Israel, Japan, Jordan, 
     Argentina, the Republic of Korea, and New Zealand), or 
     Taiwan, for so long as that government is not a party to the 
     International Criminal Court and wishes its officials and 
     other persons working on its behalf to be exempted from the 
     jurisdiction of the International Criminal Court.
       (4) Covered united states persons.--The term ``covered 
     United States persons'' means members of the Armed Forces of 
     the United States, elected or appointed officials of the 
     United States Government, and other persons employed by or 
     working on behalf of the United States Government, for so 
     long as the United States is not a party to the International 
     Criminal Court.
       (5) Extradition.--The terms ``extradition'' and 
     ``extradite'' mean the extradition of a person in accordance 
     with the provisions of chapter 209 of title 18, United States 
     Code, (including section 3181(b) of such title) and such 
     terms include both extradition and surrender as those terms 
     are defined in Article 102 of the Rome Statute.
       (6) International criminal court.--The term ``International 
     Criminal Court'' means the court established by the Rome 
     Statute.
       (7) Major non-nato ally.--The term ``major non-NATO ally'' 
     means a country that has been so designated in accordance 
     with section 517 of the Foreign Assistance Act of 1961.
       (8) Participate in any peacekeeping operation under chapter 
     vi of the charter of the united nations or peace enforcement 
     operation under chapter vii of the charter of the united 
     nations.--The term ``participate in any peacekeeping 
     operation under chapter VI of the charter of the United 
     Nations or peace enforcement operation under chapter VII of 
     the charter of the United Nations'' means to assign members 
     of the Armed Forces of the United States to a United Nations 
     military command structure as part of a peacekeeping 
     operation under chapter VI of the charter of the United 
     Nations or peace enforcement operation under chapter VII of 
     the charter of the United Nations in which those members of 
     the Armed Forces of the United States are subject to the 
     command or operational control of one or more foreign 
     military officers not appointed in conformity with article 
     II, section 2, clause 2 of the Constitution of the United 
     States.
       (9) Party to the international criminal court.--The term 
     ``party to the International

[[Page 13659]]

     Criminal Court'' means a government that has deposited an 
     instrument of ratification, acceptance, approval, or 
     accession to the Rome Statute, and has not withdrawn from the 
     Rome Statute pursuant to Article 127 thereof.
       (10) Peacekeeping operation under chapter vi of the charter 
     of the united nations or peace enforcement operation under 
     chapter vii of the charter of the united nations.--The term 
     ``peacekeeping operation under chapter VI of the charter of 
     the United Nations or peace enforcement operation under 
     chapter VII of the charter of the United Nations'' means any 
     military operation to maintain or restore international peace 
     and security that--
       (A) is authorized by the United Nations Security Council 
     under chapter VI or VII of the charter of the United Nations; 
     and
       (B) is paid for from assessed contributions of United 
     Nations members that are made available for peacekeeping or 
     peace enforcement activities.
       (11) Rome statute.--The term ``Rome Statute'' means the 
     Rome Statute of the International Criminal Court, adopted by 
     the United Nations Diplomatic Conference of Plenipotentiaries 
     on the Establishment of an International Criminal Court on 
     July 17, 1998.
       (12) Support.--The term ``support'' means assistance of any 
     kind, including financial support, transfer of property or 
     other material support, services, intelligence sharing, law 
     enforcement cooperation, the training or detail of personnel, 
     and the arrest or detention of individuals.
       (13) United states military assistance.--The term ``United 
     States military assistance'' means--
       (A) assistance provided under chapter 2 or 5 of part II of 
     the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.); 
     or
       (B) defense articles or defense services furnished with the 
     financial assistance of the United States Government, 
     including through loans and guarantees, under section 23 of 
     the Arms Export Control Act (22 U.S.C. 2763).

     SEC. 2014. REPEAL OF LIMITATION.

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

     SEC. 2015. ASSISTANCE TO INTERNATIONAL EFFORTS.

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

                        TITLE III--OTHER MATTERS

     SEC. 3001. AMENDMENTS TO THE CARIBBEAN BASIN ECONOMIC 
                   RECOVERY ACT.

       Section 213(b)(2)(A) of the Caribbean Basin Economic 
     Recovery Act (title II of Public Law 98-67; 19 U.S.C. 
     2703(b)(2)(A)) is amended--
       (1) in clause (i), by adding at the end the following:
       ``Apparel articles shall qualify under the preceding 
     sentence only if all dyeing, printing, and finishing of the 
     fabrics from which the articles are assembled, if the fabrics 
     are knit fabrics, is carried out in the United States. 
     Apparel articles shall qualify under the first sentence of 
     this clause only if all dyeing, printing, and finishing of 
     the fabrics from which the articles are assembled, if the 
     fabrics are woven fabrics, is carried out in the United 
     States.''; and
       (2) in clause (ii), by adding at the end the following:
       ``Apparel articles shall qualify under the preceding 
     sentence only if all dyeing, printing, and finishing of the 
     fabrics from which the articles are assembled, if the fabrics 
     are knit fabrics, is carried out in the United States. 
     Apparel articles shall qualify under the first sentence of 
     this clause only if all dyeing, printing, and finishing of 
     the fabrics from which the articles are assembled, if the 
     fabrics are woven fabrics, is carried out in the United 
     States.''.
       (b) Andean Trade Preference Act.--Any duty free or other 
     preferential treatment provided under the Andean Trade 
     Preference Act to apparel articles assembled from fabric 
     formed in the United States shall apply to such articles only 
     if all dyeing, printing, and finishing of the fabrics from 
     which the articles are assembled if the fabrics are knit 
     fabrics, is carried out in the United States. Any duty-free 
     or other preferential treatment provided under the Andean 
     Trade Preference Act to apparel articles assembled from 
     fabric formed in the United States shall apply to such 
     articles only if all dyeing, printing, and finishing of the 
     fabrics from which the articles are assembled if the fabrics 
     are woven fabrics, is carried out in the United States.
       (c) Effective Date.--Subsection (b) and the amendments made 
     by subsection (a) shall take effect--
       (1) 90 days after the date of the enactment of this Act, or
       (2) September 1, 2002,
     whichever occurs first.

     SEC. 3002. RURAL SERVICE IMPROVEMENT.

       (a) Short Title.--This title may be cited as the ``Rural 
     Service Improvement Act of 2002''.
       (b) Findings.--Congress makes the following findings:
       (1) The State of Alaska is the largest State in the Union 
     and has a very limited system of roads connecting 
     communities.
       (2) Alaska has more pilots per capita than any other State 
     in the Union.
       (3) Pilots flying in Alaska are often the most skilled and 
     best-prepared pilots in the world.
       (4) Air travel within the State of Alaska is often hampered 
     by severe weather conditions and treacherous terrain.
       (5) The United States Government owns nearly \2/3\ of 
     Alaska's landmass, including large tracts of land separating 
     isolated communities within the State.
       (6) Such Federal ownership has inhibited the ability of 
     Alaskans to build roads connecting isolated communities.
       (7) Most communities and a large portion of the population 
     within the State can only be reached by air.
       (8) The vast majority of food items and everyday 
     necessities destined for these isolated communities and 
     populations can only be transported through the air.
       (9) The Intra-Alaska Bypass Mail system, created by 
     Congress and operated by the United States Postal Service 
     under section 5402 of title 39, United States Code, with 
     input from the Department of Transportation, connecting 
     hundreds of rural and isolated communities within the State, 
     is a critical piece of the Alaska and the national 
     transportation system. The system is like a 4-legged stool, 
     designed to--
       (A) provide the most affordable means of delivering food 
     and everyday necessities to these rural and isolated 
     communities;
       (B) establish a system whereby the Postal Service can meet 
     its obligations to deliver mail to every house and business 
     in the United States;
       (C) support affordable and reliable passenger service; and
       (D) support affordable and reliable nonmail freight 
     service.
       (10) Without the Intra-Alaska Bypass Mail system--
       (A) it would be difficult and more expensive for the Postal 
     Service to meet its obligation of delivering mail to every 
     house and business in the United States; and
       (B) food, medicine, freight, and everyday necessities and 
     passenger service for these rural and isolated communities 
     would cost several times the current level.
       (11) Attempts by Congress to support passenger and nonmail 
     freight service in Alaska using the Intra-Alaska Bypass Mail 
     system have yielded some positive results, but some carriers 
     have been manipulating the system by carrying few, if any, 
     passengers and little nonmail freight while earning most of 
     their revenues from the carriage of nonpriority bypass mail.
       (12) As long as the Federal Government continues to own 
     large tracts of land within the State of Alaska which impede 
     access to isolated communities, it is in the best interest of 
     the Postal Service, the residents of Alaska and the United 
     States--
       (A) to ensure that the Intra-Alaska Bypass Mail system 
     remains strong, viable, and affordable for the Postal 
     Service;
       (B) to ensure that residents of rural and isolated 
     communities in Alaska continue to have affordable, reliable, 
     and safe passenger service;
       (C) to ensure that residents of rural and isolated 
     communities in Alaska continue to have affordable, reliable, 
     and safe nonmail freight service;
       (D) to encourage that intra-Alaska air carriers move toward 
     safer, more secure, and more reliable air transportation 
     under the Federal Aviation Administration's guidelines and in 
     accordance with part 121 of title 14, Code of Federal 
     Regulations, where such operations are supported by the needs 
     of the community; and
       (E) that Congress, pursuant to the authority granted under 
     Article I, section 8 of the United States Constitution to 
     establish Post Offices and post roads, make changes to ensure 
     that the Intra-Alaska Bypass Mail system continues to be used 
     to support substantial passenger and nonmail freight service 
     and to reduce costs for the Postal Service.
       (c) Selection of Carriers of Nonpriority Bypass Mail to 
     Certain Points in Alaska.--
       (1) Definitions.--Section 5402 of title 39, United States 
     Code, is amended--
       (A) by striking subsection (e);
       (B) by redesignating subsections (a) through (d) as 
     subsections (b) through (e), respectively; and
       (C) by inserting before subsection (b), as redesignated, 
     the following:
       ``(a) In this section--
       ``(1) the term `acceptance point' means the point at which 
     nonpriority bypass mail originates;
       ``(2) the terms `air carrier', `interstate air 
     transportation', and `foreign air transportation' have the 
     meanings given such terms in section 40102(a) of title 49, 
     United States Code;
       ``(3) the term `base fare' means the fare paid to the 
     carrier issuing the passenger ticket or carrying nonmail 
     freight which may entail service being provided by more than 
     1 carrier;
       ``(4) the term `bush carrier' means a carrier operating 
     aircraft certificated within the payload capacity 
     requirements of subsection (g)(1)(D)(i) on a city pair route;
       ``(5) the term `bush passenger carrier' means a passenger 
     carrier that meets the requirements of subsection 
     (g)(1)(D)(i) and provides passenger service on a city pair 
     route;
       ``(6) the term `bush route' means an air route in which 
     only a bush carrier is tendered nonpriority bypass mail 
     between the origination point, being either an acceptance 
     point or a hub, as determined by the Postal Service, and the 
     destination city;
       ``(7) the term `city pair' means service between an origin 
     and destination city pair;
       ``(8) the term `composite rate'--
       ``(A) means a combination of mainline and bush rates paid 
     to a bush carrier for a direct

[[Page 13660]]

     flight from an acceptance point to a bush destination beyond 
     a hub point; and
       ``(B) shall be based on the mainline rate paid to the hub, 
     plus the lowest bush rate paid to bush carriers in the State 
     of Alaska for the distance traveled from the hub point to the 
     destination point;
       ``(9) the term `equitable tender' means the practice of the 
     Postal Service of equitably distributing mail on a fair and 
     reasonable basis between those air carriers that offer 
     equivalent services and costs between 2 communities in 
     accordance with the regulations of the Postal Service;
       ``(10) the term `existing mainline carrier' means a 
     mainline carrier (as defined in this subsection) that on 
     January 1, 2001, was--
       ``(A) certified under part 121;
       ``(B) qualified to provide mainline nonpriority bypass mail 
     service; and
       ``(C) actually engaged in the carriage of mainline 
     nonpriority bypass mail through scheduled service in the 
     State of Alaska;
       ``(11) the term `mainline carrier' means a carrier 
     operating aircraft under part 121 and certificated within the 
     payload capacity requirements of subsection (g)(1)(D)(ii) on 
     a given city pair route;
       ``(12) the term `mainline route' means a city pair in which 
     a mainline carrier is tendered nonpriority bypass mail;
       ``(13) the term `new', when referencing a carrier, means a 
     carrier that--
       ``(A) meets the respective requirements of clause (i) or 
     (ii) of subsection (g)(1)(D), depending on the type of route 
     being served and the size of aircraft being used to provide 
     service; and
       ``(B) began providing nonpriority bypass mail service on a 
     city pair route in the State of Alaska after January 1, 2001;
       ``(14) the term `part 121' means part 121 of title 14, Code 
     of Federal Regulations;
       ``(15) the term `part 135' means part 135 of title 14, Code 
     of Federal Regulations;
       ``(16) the term `scheduled service' means--
       ``(A) flights are operated in common carriage available to 
     the general public under a published schedule;
       ``(B) flight schedules are announced in advance in systems 
     specified by the Postal Service, in addition to the Official 
     Airline Guide or the air cargo equivalent of that Guide;
       ``(C) flights depart whether full or not; and
       ``(D) customers contract for carriage separately on a 
     regular basis;
       ``(17) the term `Secretary' means the Secretary of 
     Transportation;
       ``(18) the term `121 bush passenger carrier' means a bush 
     passenger carrier providing passenger service on bush routes 
     under part 121;
       ``(19) the term `121 mainline passenger carrier' means a 
     mainline carrier providing passenger service through 
     scheduled service on routes under part 121;
       ``(20) the term `121 passenger aircraft' means an aircraft 
     flying passengers on a city pair route that is operated under 
     part 121;
       ``(21) the term `121 passenger carrier' means a passenger 
     carrier that provides scheduled service under part 121;
       ``(22) the term `135 bush passenger carrier' means a bush 
     passenger carrier providing passenger service through 
     scheduled service on bush routes under part 135; and
       ``(23) the term `135 passenger carrier' means a passenger 
     carrier that provides scheduled service under part 135.''.
       (2) Requirements for selection.--Section 5402(g)(1) of 
     title 39, United States Code, is amended--
       (A) in the matter preceding subparagraph (A), by inserting 
     after ``in the State of Alaska,'' the following: ``shall 
     adhere to an equitable tender policy within a qualified group 
     of carriers, in accordance with the regulations of the Postal 
     Service, and'';
       (B) in subparagraph (C) by striking ``to the best'' and all 
     that follows before the semicolon; and
       (C) in subparagraph (D) by inserting ``with at least 3 
     scheduled (noncontract) flights per week between two points'' 
     after ``scheduled service''.
       (3) Application of rates.--Section 5402(g)(2) of title 39, 
     United States Code, is amended--
       (A) by striking ``and'' at the end of subparagraph (A);
       (B) by striking the period at the end of subparagraph (B) 
     and inserting a semicolon; and
       (C) by adding at the end the following:
       ``(C) shall offer a bush passenger carrier providing 
     service on a route in the State of Alaska between an 
     acceptance point and a hub not served by a mainline carrier 
     the opportunity to receive equitable tender of nonpriority 
     bypass mail at mainline service rates when a mainline carrier 
     begins serving that route if the bush passenger carrier--
       ``(i) meets the requirements of paragraph (1);
       ``(ii) provided at least 20 percent of the passenger 
     service (as calculated in subsection (h)(5)) between such 
     city pair for the 6 months immediately preceding the date on 
     which the bush carrier seeks such tender; and
       ``(iii) continues to provide not less than 20 percent of 
     the passenger service on the city pair while seeking such 
     tender;
       ``(D) shall offer bush passenger carriers and nonmail 
     freight carriers the opportunity to receive equitable tender 
     of nonpriority bypass mail at mainline service rates from a 
     hub point to a destination city in the State of Alaska if the 
     city pair is also being served by a mainline carrier and--
       ``(i) for a passenger carrier--
       ``(I) the carrier meets the requirements of paragraph (1);
       ``(II) the carrier provided at least 20 percent of the 
     passenger service (as calculated in subsection (h)(5)) on the 
     city pair route for the 6 months immediately preceding the 
     date on which the carrier seeks such tender; and
       ``(III) the carrier continues to provide not less than 20 
     percent of the passenger service on the route; or
       ``(ii) for a nonmail freight carrier--
       ``(I) the carrier meets the requirements of paragraph (1); 
     and
       ``(II) the carrier provided at least 25 percent of the 
     nonmail freight service (as calculated in subsection (i)(6)) 
     on the city pair route for the 6 months immediately preceding 
     the date on which the carrier seeks such tender;
       ``(E)(i) shall not offer equitable tender of nonpriority 
     mainline bypass mail at mainline rates to a bush carrier 
     operating from an acceptance point to a hub point in the 
     State of Alaska, except as described in subparagraph (C); and
       ``(ii) may tender nonpriority bypass mail at bush rates to 
     a bush carrier from an acceptance point to a hub point in the 
     State of Alaska if the Postal Service determines that--
       ``(I) the bush carrier meets the requirements of paragraph 
     (1);
       ``(II) the service to be provided on such route by the bush 
     carrier is not otherwise available through direct mainline 
     service; and
       ``(III) tender of mail to such bush carrier will not 
     decrease the efficiency of nonpriority bypass mail service 
     (in terms of payments to all carriers providing service on 
     the city pair route and timely delivery) for the route;
       ``(F) may offer tender of nonpriority bypass mail to a 
     passenger carrier from an acceptance point to a destination 
     city beyond a hub point in the State of Alaska at a composite 
     rate if the Postal Service determines that--
       ``(i) the carrier provides passenger service in accordance 
     with the requirements of subsection (h)(2);
       ``(ii) the carrier qualifies under subsection (h) to be 
     tendered nonpriority bypass mail out of the hub point being 
     bypassed;
       ``(iii) the tender of such mail will not decrease 
     efficiency of delivery of nonpriority bypass mail service 
     into or out of the hub point being bypassed; and
       ``(iv) such tender will result in reduced payments to the 
     carrier by the Postal Service over flying the entire route; 
     and
       ``(G) notwithstanding subparagraph (F), shall offer 
     equitable tender of nonpriority bypass mail in proportion to 
     passenger and nonmail freight mail pools described in this 
     section between qualified passenger and nonmail freight 
     carriers on a route from an acceptance point to a bush 
     destination in the State of Alaska at a composite rate if--
       ``(i)(I) for a passenger carrier, the carrier receiving the 
     composite rate provided 20 percent of the passenger service 
     on the city pair route for the 12 months immediately 
     preceding the date on which the carrier seeks tender of such 
     mail; or
       ``(II) for a nonmail freight carrier, the carrier receiving 
     the composite rate provided at least 25 percent of the 
     nonmail freight service for the 12 months immediately 
     preceding the date on which the carrier seeks tender of such 
     mail; and
       ``(ii)(I) nonpriority bypass mail was being tendered to a 
     passenger carrier or a nonmail freight carrier at a composite 
     rate on such city pair route on January 1, 2000; or
       ``(II) the hub being bypassed was not served by a mainline 
     carrier on January 1, 2000.
     The tender of nonpriority bypass mail under subparagraph (G) 
     shall be on an equitable basis between the qualified carriers 
     that provide the direct service on the city pair route and 
     the qualified carriers that provide service between the hub 
     point being bypassed and the destination point, based on the 
     volume of nonpriority bypass mail on both routes.''.
       (4) Selection of carriers to hub points.--Section 5402(g) 
     of title 39, United States Code, is amended by adding at the 
     end the following:
       ``(4)(A) Except as provided under subparagraph (B) and 
     paragraph (5), the Postal Service shall select only existing 
     mainline carriers to provide nonpriority bypass mail service 
     between an acceptance point and a hub point in the State of 
     Alaska.
       ``(B) The Postal Service may select a carrier other than an 
     existing mainline carrier to provide nonpriority bypass mail 
     service on a mainline route in the State of Alaska if--
       ``(i) the Postal Service determines (in accordance with 
     criteria established in advance by the Postal Service) that 
     the mail service between the acceptance point and the hub 
     point is deficient and provides written notice of the 
     determination to existing mainline carriers to the hub point; 
     and
       ``(ii) after the 30-day period following issuance of notice 
     under clause (i), including notice of inadequate capacity, 
     the Postal Service determines that deficiencies in service to 
     the hub point have not been eliminated.
       ``(5)(A) The Postal Service shall offer equitable tender of 
     nonpriority bypass mail to a new 121 mainline passenger 
     carrier entering a mainline route in the State of Alaska, if 
     the carrier--
       ``(i) meets the requirements of subsection (g)(1)(D)(ii); 
     and
       ``(ii) has provided at least 75 percent of the number of 
     insured passenger seats as the number of available passenger 
     seats being provided by the mainline passenger carrier 
     providing the greatest number of available passenger seats on 
     that route for the 6 months immediately preceding the date on 
     which the carrier seeks tender of such mail.
       ``(B) A new 121 mainline passenger carrier that is tendered 
     nonpriority mainline bypass mail under subparagraph (A)--

[[Page 13661]]

       ``(i) shall be eligible for equitable tender of such mail 
     only on city pair routes where the carrier meets the 
     conditions of subparagraph (A);
       ``(ii) may not count the passenger service provided under 
     subparagraph (A) toward the carrier meeting the minimum 
     requirements of this section; and
       ``(iii) shall provide at least 20 percent of the passenger 
     service (as determined for bush passenger carriers in 
     subsection (h)(5)) on such route to remain eligible to be 
     tendered nonpriority mainline bypass mail.
       ``(C) Notwithstanding subparagraph (A) and paragraph 
     (1)(B), a new 121 mainline passenger carrier, otherwise 
     qualified under this subsection, may immediately receive 
     equitable tender of nonpriority mainline bypass mail to a hub 
     point in the State of Alaska if the carrier meets the 
     requirements of subparagraphs (A), (C), and (D) of paragraph 
     (1) and subsection (h)(2)(B) and--
       ``(i) all qualified 121 mainline passenger carriers 
     discontinue service on the city pair route; or
       ``(ii) no 121 mainline passenger carrier serves the city 
     pair route.
       ``(D) A carrier operating under a code share agreement on 
     the date of enactment of the Rural Service Improvement Act of 
     2002 that received tender of nonpriority mainline bypass mail 
     on a city pair route in the State of Alaska may count the 
     passenger service provided under the entire code share 
     arrangement on such route if the code share agreement 
     terminates. That carrier shall continue to provide at least 
     20 percent of the passenger service (as determined for bush 
     passenger carriers in subsection (h)(5)) between the city 
     pair as a 121 mainline passenger carrier while seeking such 
     tender.
       ``(6)(A) Notwithstanding paragraph (1)(B), passenger 
     carriers providing essential air service under a Department 
     of Transportation order issued under subchapter II of chapter 
     417 of title 49, United States Code, shall be tendered all 
     nonpriority mail, in addition to all nonpriority bypass mail, 
     by the Postal Service to destination cities in the State of 
     Alaska served by the essential air service flights consistent 
     with that order unless the Postal Service finds that an 
     essential air service carrier's service does not meet the 
     needs of the Postal Service.
       ``(B) Service provided under this paragraph, including 
     service provided to points served in conjunction with service 
     being subsidized under the Essential Air Service contract, 
     may not be applied toward any of the minimum eligibility 
     requirements of this section.''.
       (5) Selection of carriers to bush points.--Section 5402 of 
     title 39, United States Code, is amended by adding at the end 
     the following:
       ``(h)(1) Except as provided under paragraph (7), on a city 
     pair route in the State of Alaska, the Postal Service shall 
     offer equitable tender of 70 percent of the nonpriority 
     bypass mail on the route to all carriers providing scheduled 
     passenger service in accordance with part 121 or part 135 
     that--
       ``(A) meet the requirements of subsection (g)(1);
       ``(B) provided 20 percent or more of the passenger service 
     (as calculated in paragraph (5)) between the city pair for 
     the 12 months preceding the date on which the 121 passenger 
     aircraft or the 135 passenger carrier seek tender of 
     nonpriority bypass mail; and
       ``(C) meet the requirements of paragraph (2).
       ``(2) To remain eligible for equitable tender under this 
     subsection, the carrier or aircraft shall--
       ``(A) continue to provide not less than 20 percent of the 
     passenger service on the city pair route for which the 
     carrier is seeking the tender of such nonpriority bypass 
     mail;
       ``(B)(i) for operations under part 121, operate aircraft 
     type certificated to carry at least 19 passengers;
       ``(ii) for operations under part 135, operate aircraft type 
     certificated to carry at least 5 passengers; or
       ``(iii) for operations under part 135 where only a water 
     landing is available, operate aircraft type certificated to 
     carry at least 3 passengers;
       ``(C) insure all available passenger seats on the city pair 
     route on which the carrier seeks tender of such mail; and
       ``(D) operate flights under its published schedule.
       ``(3)(A) Except as provided under subparagraph (E), if a 
     135 passenger carrier serves a city pair route in the State 
     of Alaska and meets the requirements of paragraph (1) or (2) 
     when a 121 passenger carrier becomes qualified to be tendered 
     nonpriority bypass mail on such route with a 121 passenger 
     aircraft in accordance with paragraphs (1) and (2), the 
     qualifying 135 passenger carriers on that route shall convert 
     to operations with a 121 passenger aircraft within 5 years 
     after the 121 passenger aircraft begins receiving tender on 
     that route in order to remain eligible for equitable tender 
     under paragraph (1). The 135 carrier shall--
       ``(i) begin the process of conversion not later than 2 
     years after the 121 passenger aircraft begins carrying 
     nonpriority bypass mail on that route; and
       ``(ii) submit a part 121 compliance statement not later 
     than 4 years after the 121 passenger aircraft begins carrying 
     nonpriority bypass mail on that route.
       ``(B) Completion of conversion under subparagraph (A) shall 
     not be required if all 121 passenger carriers discontinue the 
     carriage of nonpriority bypass mail with 121 passenger 
     aircraft on the city pair route.
       ``(C) Any qualified carrier operating in the State of 
     Alaska under this section may request a waiver from 
     subparagraph (A). Such a request, at the discretion of the 
     Secretary, may be granted for good cause shown. The 
     requesting party shall state the basis for such a waiver.
       ``(D) If after 6 years and 3 months following the date of 
     enactment of the Rural Service Improvement Act of 2002, a 135 
     passenger carrier is providing service on a city pair route 
     in the State of Alaska and a 121 passenger aircraft becomes 
     eligible to receive tender of nonpriority bypass mail on the 
     route, that 135 passenger carrier shall convert to operations 
     under part 121 within 12 months of the 121 passenger carrier 
     being tendered nonpriority bypass mail. The Postal Service 
     shall not continue the tender of nonpriority bypass mail to a 
     135 passenger carrier that fails to convert to part 121 
     operations within 12 months after the 121 passenger carrier 
     being tendered such mail under this paragraph.
       ``(E) Notwithstanding the requirements of this subsection, 
     if only 1 passenger carrier or aircraft is qualified to be 
     tendered nonpriority bypass mail as a passenger carrier or 
     aircraft on a city pair route in the State of Alaska, the 
     Postal Service shall tender 20 percent of the nonpriority 
     bypass mail described under paragraph (1) to the passenger 
     carrier or aircraft providing the next highest level of 
     passenger service on such route.
       ``(4) Qualification for the tender of mail under this 
     subsection shall not be counted toward the minimum 
     qualifications necessary to be tendered nonpriority bypass 
     mail on any other route.
       ``(5)(A)(i) In this section, the percent of passenger 
     service shall be a percentage calculated using data collected 
     under subsection (k).
       ``(ii) To ensure accurate reporting of market share the 
     Postal Service shall compare the resulting percentage under 
     clause (i) to the lesser of--
       ``(I) the amount of the passenger excise tax paid by or on 
     behalf of a carrier, as determined by reviewing the collected 
     amount of base fares for passengers actually flown by a 
     carrier from the origination point to the destination point, 
     divided by the value of the total passenger excise taxes, as 
     determined by reviewing the collected amount of base fares 
     paid by or on behalf of all passenger carriers providing 
     service from the hub point to the bush destination point; or
       ``(II) the amount of half of the passenger excise tax paid 
     by or on behalf of a carrier, as determined by reviewing the 
     collected amount of base fares for passengers actually flown 
     by a carrier on the city pair route, divided by the value of 
     the total passenger excise taxes, as determined by reviewing 
     the collected amount of base fares paid by or on behalf of 
     all passenger carriers providing service between the 
     origination point and the destination point.
       ``(B) For the purposes of calculating passenger service as 
     described under subparagraph (A), a bush passenger carrier 
     providing intervillage bush passenger service may include the 
     carriage of passengers carried along any point of the route 
     between the route's origination point and the final 
     destination point. Such calculation shall be based only on 
     the carriage of passengers on regularly scheduled flights and 
     only on flights being flown in a direction away from the hub 
     point. Passenger service provided on chartered flights shall 
     not be included in the carrier's calculation of passenger 
     service.
       ``(6)(A) The Secretary shall establish new bush rates for 
     passenger carriers operating in the State of Alaska receiving 
     tender of nonpriority bypass mail under this subsection.
       ``(B) The Secretary shall establish a bush rate based on 
     data collected under subsection (k) from 121 bush passenger 
     carriers. Such rates shall be paid to all bush passenger 
     carriers operating on city pair routes in the State of Alaska 
     where a 121 bush passenger carrier is tendered nonpriority 
     bypass mail.
       ``(C) The Secretary shall establish a bush rate based on 
     data collected under subsection (k) from 135 bush passenger 
     carriers. Such rates shall be paid to all bush passenger 
     carriers operating on bush city pair routes in the State of 
     Alaska where no 121 bush passenger carrier is tendered 
     nonpriority bypass mail.
       ``(D) The Secretary shall establish a bush rate based on 
     data collected under subsection (k) from bush passenger 
     carriers operating aircraft on city pair routes where only 
     water landings are available. Such rates shall be paid to all 
     bush passenger carriers operating on the city pair routes in 
     the State of Alaska where only water landings are available.
       ``(7) The percentage rate in paragraph (1) shall be 75 
     percent beginning 3 years and 3 months after the date of 
     enactment of the Rural Service Improvement Act of 2002.
       ``(i)(1) Except as provided under paragraph (7), on a city 
     pair route in the State of Alaska, the Postal Service shall 
     offer equitable tender of 20 percent of the nonpriority 
     bypass mail on such route to those carriers transporting 25 
     percent or more of the total nonmail freight (in revenue or 
     weight as determined by the Postal Service), for the 12 
     months immediately preceding the date on which the freight 
     carrier seeks tender of such mail.
       ``(2) To remain eligible for equitable tender under this 
     subsection, a freight carrier shall continue to provide not 
     less than 25 percent of the nonmail freight service on the 
     city pair route for which the carrier is seeking tender of 
     such mail.
       ``(3) If a new freight carrier enters a market, the freight 
     carrier shall meet the minimum requirements of subsection 
     (g)(1) and shall operate for 12 months on a city pair route 
     in the State of Alaska before being eligible for equitable 
     tender of nonpriority bypass mail on that route.
       ``(4) If no carrier qualifies for tender of nonpriority 
     bypass mail on a city pair route in the

[[Page 13662]]

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

[[Page 13663]]

     Service or the Secretary shall consider in the following 
     order of importance--
       ``(A) the passenger needs of the destination to be served 
     (including amount and level);
       ``(B) the nonmail freight needs of the destination to be 
     served;
       ``(C) the amount of nonpriority bypass mail service already 
     available to the destination;
       ``(D) the mail needs of the destination to be served;
       ``(E) the savings to the Postal Service in terms of 
     payments made to carriers;
       ``(F) the amount or level of passenger service already 
     available to the destination; and
       ``(G) the amount of nonmail freight service already 
     available to the destination.
       ``(q) The Secretary shall make a regular review of carriers 
     receiving, or attempting to qualify to receive, equitable 
     tender of nonpriority bypass mail on a city pair route in the 
     State of Alaska. If the Secretary suspends or revokes an 
     operating certificate, the Secretary shall notify the Postal 
     Service. Upon such notification, the Postal Service shall 
     cease tender of mail to such carrier until the Secretary 
     certifies the carrier is operating in a safe manner. Upon 
     such receipt, the carrier shall demonstrate that it otherwise 
     meets the minimum carriage requirements of this section 
     before being tendered mail under this section.
       ``(r) The Postal Service shall have the authority to tender 
     nonpriority bypass mail to any carrier that meets the 
     requirements of subsection (g)(1) on any city pair route in 
     the State of Alaska on an emergency basis. Such emergency 
     tender shall cease when a carrier qualifies for tender on 
     such route under the terms of this section.
       ``(s) Notwithstanding any other provision of law, and 
     except for written contracts authorized under subsections 
     (b), (c) and (d), tender by the Postal Service of any 
     category of mail to a carrier for transportation between any 
     two points in the State of Alaska shall not give rise to any 
     contract between the Postal Service and a carrier, nor shall 
     any such carrier acquire any right in continued or future 
     tender of such mail by virtue of past or present receipt of 
     such mail. This subsection shall apply to any case commenced 
     before, on, or after the date of enactment of this 
     subsection.''.
       (d) Actions of Air Carriers To Qualify.--Beginning 6 months 
     after the date of enactment of this Act, if the Secretary 
     determines, based on the Secretary's findings and 
     recommendations of the Postal Service, that an air carrier 
     being tendered nonpriority bush bypass mail is not taking 
     actions to attempt to qualify as a bush passenger or nonmail 
     freight carrier under section 5402 of title 39, United States 
     Code (as amended by this title), the Postal Service shall 
     immediately cease tender of all nonpriority bypass mail to 
     such carrier.
       (e) Technical and Conforming Amendments.--
       (1) Title 39.--Section 5402 of title 39, United States 
     Code, is amended--
       (A) in subsections (b) through (e) (as redesignated by this 
     title) and subsection (f) by striking ``Secretary of 
     Transportation'' each place it appears and inserting 
     ``Secretary''; and
       (B) in subsection (f)--
       (i) by striking ``subsections (a), (b), and (c)'' and 
     inserting ``subsections (b), (c), and (d)''; and
       (ii) by striking ``subsection (d)'' and inserting 
     ``subsection (e)''.
       (2) Title 49.--Section 41901(a) of title 49, United States 
     Code, is amended by striking ``5402(d)'' and inserting 
     ``5402(e)''.
       (f) Reports to Congress.--Not later than 18 months after 
     the date of enactment of this Act, the Postal Service and the 
     Secretary of Transportation shall submit a report to the 
     Committee on Government Reform of the House of 
     Representatives and the Committee on Governmental Affairs of 
     the Senate on the progress of implementing this title.
       (g) Effective Dates.--
       (1) In general.--Except as provided under paragraph (2), 
     this title (including the amendments made by this title) 
     shall take effect on the date of enactment of this Act.
       (2) Selection of carriers.--The amendment made by 
     subsection (c)(5) shall take effect 15 months after the date 
     of enactment of this Act.
       (h) In publishing the Act in slip form and in the United 
     States Statutes at Large pursuant to section 112, of title 1, 
     United States Code, the Archivist of the United States shall 
     include after the date of approval at the end an appendix 
     setting forth the text of the bill referred to in subsection 
     (a).
       Sec. 3003. Amendments to the Alaska Native Claims 
     Settlement Act. In subsection (e)(4) of the Alaska Native 
     Claims Settlement Act created by section 702 of Public Law 
     107-117--
       (1) paragraph (B) is amended by--
       (A) striking ``subsection (e)(2)'' and inserting in lieu 
     thereof ``subsections (e)(1) or (e)(2)''; and
       (B) striking ``obligations under section 7 of P.L. 87-305'' 
     and inserting in lieu thereof ``small or small disadvantaged 
     business subcontracting goals under section 502 of P.L. 100-
     656, provided that where lower tier subcontractors exist, the 
     entity shall designate the appropriate contractor or 
     contractors to receive such credit''; and
       (2) paragraph (C) is amended by striking ``subsection 
     (e)(2)'' and inserting ``subsection (e)(1) or (e)(2)''.
       This Act may be cited as the ``2002 Supplemental 
     Appropriations Act for Further Recovery From and Response To 
     Terrorist Attacks on the United States''.
       And the Senate agree to the same.

     C.W. Bill Young,
     Ralph Regula,
     Jerry Lewis,
     Harold Rogers,
     Joe Skeen,
     Frank R. Wolf,
     Sonny Callahan,
     James T. Walsh,
     Charles H. Taylor,
     David L. Hobson,
     Ernest J. Istook,
     Henry Bonilla,
     Joe Knollenberg,
     David R. Obey,
     John P. Murtha,
     Norman D. Dicks,
     Martin Olav Sabo,
     Steny H. Hoyer,
     Alan B. Mollohan,
     Marcy Kaptur,
     Peter J. Visclosky,
     Nita M. Lowey,
     Jose E. Serrano,
     John W. Olver,
                                Managers on the Part of the House.

     Robert C. Byrd,
     Daniel K. Inouye,
     Ernest F. Hollings,
     Patrick J. Leahy,
     Tom Harkin,
     Barbara A. Mikulski,
     Harry Reid,
     Herb Kohl,
     Patty Murray,
     Byron L. Dorgan,
     Dianne Feinstein,
     Richard J. Durbin,
     Tim Johnson,
     Mary L. Landrieu,
     Jack Reed,
     Ted Stevens,
     Thad Cochran,
     Pete V. Domenici,
     Christopher S. Bond,
     Mitch McConnell,
     Conrad Burns,
     Richard C. Shelby,
     Judd Gregg,
     Robert F. Bennett,
     Ben Nighthorse Campbell,
     Larry Craig,
     Kay Bailey Hutchison,
     Mike DeWine,
                               Managers on the Part of the Senate.

       JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE

       The managers on the part of the House and the Senate at the 
     conference on the disagreeing votes of the two Houses on the 
     amendments of the Senate to the bill (H.R. 4775) 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, submit the following joint statements to the House 
     and the Senate in explanation of the effects of the action 
     agreed upon by the managers and recommended in the 
     accompanying conference report.
       Report language included by the House in the report 
     accompanying H.R. 4775 (H. Rept. 107-480) which is not 
     changed by the Senate in the report accompanying S. 2551 (S. 
     Rept. 107-156), and Senate Report language which is not 
     changed by the conference are approved by the committee of 
     conference. The statement of the managers, while repeating 
     some report languages emphasis, is not intended to negate the 
     language referred to above unless expressly provided herein.

                  Title I--Supplemental Appropriations

                               CHAPTER 1

                       DEPARTMENT OF AGRICULTURE

                        Office of the Secretary

       The conference agreement provides an additional $18,000,000 
     for the Office of the Secretary, as proposed by the Senate, 
     with a contingent emergency designation. The House bill did 
     not include funding for this account.

                     Agricultural Research Service


                         SALARIES AND EXPENSES

       The conference agreement provides an additional $8,000,000 
     for the Agricultural Research Service, instead of $16,000,000 
     as proposed by the Senate, with a contingent emergency 
     designation. The funds shall be used as follows: $2,000,000 
     for transmissible spongiform encephalopathy, including 
     chronic wasting disease; $3,000,000 for plant genome 
     sequencing; and $3,000,000 for cattle genome sequencing. The 
     House bill did not include funding for this account.


                        BUILDINGS AND FACILITIES

       The conference agreement provides an additional $25,000,000 
     for the ARS Buildings and Facilities account instead of 
     $50,000,000 as proposed by the Senate, without an emergency 
     designation. The House bill did not include funding for this 
     account. The conference agreement provides funding for 
     continued facility consolidation and modernization at Ames, 
     Iowa.

      Cooperative State Research, Education, and Extension Service


                          Extension Activities

       The conference agreement provides an additional $6,000,000 
     appropriation for the Cooperative State Research, Education, 
     and Extension Service for one-time costs, instead of

[[Page 13664]]

     $16,000,000 as proposed by the Senate, with a contingent 
     emergency designation. The House bill did not include funding 
     for this account.

               Animal and Plant Health Inspection Service


                         SALARIES AND EXPENSES

       The conference agreement provides an additional 
     appropriation of $33,000,000 for the Animal and Plant Health 
     Inspection Service for one-time costs, instead of $10,000,000 
     as proposed by the House and $60,000,000 as proposed by the 
     Senate, with a contingent emergency designation. The 
     conferees direct that these funds be used as follows: 
     $15,000,000 for cooperative agreements with States to prevent 
     and control transmissible spongiform encephalopathy, 
     including chronic wasting disease and scrapie, in farmed and 
     free-ranging animals; $10,000,000 for emergency preparedness; 
     $4,000,000 for physical and operational security; and 
     $4,000,000 for equipment needs and smuggling interdiction.

                   Food Safety and Inspection Service

       The conference agreement provides an additional $13,000,000 
     for FSIS, instead of $15,000,000 as proposed by the Senate, 
     and $2,000,000 as proposed by the House, with a contingent 
     emergency designation. The conferees direct that the funds be 
     used for non-recurring costs associated with the import 
     information system and enhanced international oversight 
     activities. The conferees expect that sufficient funds, up to 
     $10,750,000, be directed toward the purchase of information 
     technology system equipment and services so that FSIS can 
     better communicate with other agencies to identify entry and 
     assess risk of imported products.

                 Natural Resources Conservation Service


               WATERSHED AND FLOOD PREVENTION OPERATIONS

       The conference agreement provides an additional 
     $144,000,000 for Watershed and Flood Prevention Operations, 
     of which $50,000,000 is designated as a contingent emergency, 
     instead of $100,000,000, of which $27,000,000 is designated 
     as an emergency, as proposed by the Senate. The House bill 
     did not include funding for this account. The conferees 
     direct that these funds be used for recovery activities 
     related to disasters that have been identified with priority 
     given to those events occurring in fiscal year 2002.

                           Rural Development


                  RURAL COMMUNITY ADVANCEMENT PROGRAM

       The conference agreement provides an additional $20,000,000 
     for the Rural Community Advancement Program, instead of 
     $25,000,000 as proposed by the Senate, with a contingent 
     emergency designation. The House bill did not include funding 
     for this account.

                        Rural Utilities Service


            LOCAL TELEVISION LOAN GUARANTEE PROGRAM ACCOUNT

                         (Including Rescission)

       The conference agreement provides a rescission of 
     $20,000,000 for the Local Television Loan Guarantee Program 
     as proposed by the Senate. The House bill did not include 
     this rescission.
       The conference agreement provides an additional $8,000,000 
     for the Local Television Loan Guarantee Program account, 
     instead of $20,000,000 as proposed by the Senate, without an 
     emergency designation. The House bill did not include funding 
     for this account.

                       Food and Nutrition Service


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

       The conference agreement provides an additional $75,000,000 
     for the Women, Infants, and Children Program (WIC), to remain 
     available until September 30, 2003, without an emergency 
     designation. These funds are provided to finance rising 
     participation and other increased costs. These funds are to 
     be distributed in the manner and formula that the Secretary 
     deems necessary to respond to caseload requirements, 
     notwithstanding section 17(i) of the Child Nutrition Act of 
     1966, as amended. The conferees direct that these funds be 
     made available to the States for identified needs as quickly 
     as possible. Further, the conferees request a report from the 
     Secretary within 60 days of enactment, describing the process 
     and formula by which these funds were distributed.


                           FOOD STAMP PROGRAM

                              (Rescission)

       The conference agreement rescinds $24,000,000, instead of 
     $33,000,000 as proposed by the Senate. The House bill did not 
     include a rescission for this account.

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                      Food and Drug Administration


                         SALARIES AND EXPENSES

       The conference agreement provides $17,000,000, to remain 
     available until expended, for Food and Drug Administration, 
     Salaries and Expenses, instead of $18,000,000 as proposed by 
     the House, with a contingent emergency designation. The 
     Senate bill did not include funding for this account. The 
     conference agreement provides for non-recurring costs related 
     to safety activities in the area of medical devices and 
     radiological health, as a consequence of the events of 
     September 11, 2001, such as further work on safety standards 
     for radiation scanners, development and marketing of 
     decontamination devices and enhanced review of imported 
     medical devices. In addition, the conferees note that the 
     Public Health Security and Bioterrorism Preparedness and 
     Response Act of 2002, Public Law 107-188, enacted on June 12, 
     2002, imposes new requirements on the FDA to protect our 
     Nation's food and drug supplies. The conferees direct that 
     the funds provided in this Act be additional available for 
     non-recurring costs related to those responsibilities.


                    GENERAL PROVISIONS--THIS CHAPTER

       House Section 101.--The conference agreement includes a 
     limitation (Section 101) of $33,000,000 for the Export 
     Enhancement Program in fiscal year 2002, instead of a 
     limitation of $28,000,000 as proposed by the House. The 
     Senate bill did not include this limitation.
       Senate Section 101.--The conference agreement includes 
     $10,000,000 (Section 102) as proposed by the Senate, without 
     an emergency designation, for agriculture assistance to 
     producers along the Rio Grande who have suffered economic 
     losses during the 2001 crop year due to the failure of Mexico 
     to deliver water to the United States in accordance with 
     water utilization treaties. The House bill contained no 
     similar provision.
       Senate Section 102.--The conference agreement includes a 
     provision (Section 103) that the Secretary shall carry out 
     the transfer of $200,000,000 under section 2507(a) of the 
     Food Security and Rural Investment Act of 2002 (P.L. 107-171) 
     not later than 14 days after the enactment of this Act, as 
     proposed by the Senate. The House bill contained no similar 
     provision.
       Senate Section 103.--The conference agreement does not 
     include Sense of the Senate language regarding compensation 
     for losses related to avian influenza. The conferees are 
     aware of substantial losses to poultry producers in Virginia, 
     West Virginia, and other states due to the spread of this 
     disease; that these outbreaks are having a detrimental effect 
     on U.S. trade; and that elimination of entire flocks, 
     regardless of pathogen level, is necessary in many cases for 
     disease containment. The conferees expect the Secretary to 
     expeditiously use resources of the Commodity Credit 
     Corporation to compensate producers for losses related to 
     avian influenza and to promote the timely containment of this 
     disease. The House bill contained no similar provision.
       Senate Section 104.--The conference agreement does not 
     include Sense of the Senate language regarding the use of 
     surplus non-fat dry milk for assistance in areas suffering 
     from HIV/AIDS. The conferees are aware that more than 1 
     billion pounds of non-fat dry milk are currently in Commodity 
     Credit Corporation (CCC) inventory, for which storage costs 
     are accruing. The conferees also note the human suffering in 
     many nations resulting from the spread of HIV/AIDS and 
     strongly encourage the Secretary to utilize CCC surplus 
     commodities, including non-fat dry milk, to support programs 
     that provide relief to those suffering from this disease, and 
     for other humanitarian purposes. The House bill contained no 
     similar provision.
       Senate Section 105.--The conference agreement includes a 
     provision (Section 104) that rescinds, prior to the end of 
     fiscal year 2002, and reappropriates funds made available 
     under section 2108(a) of P.L. 107-20, instead of a Senate 
     provision that rescinds these funds upon the enactment of 
     this Act. The House bill contained no similar provision.
       Senate Section 106.--The conference agreement includes a 
     provision (Section 105) as proposed by the Senate, that 
     allows monetized commodities to be used to carry out the 
     purposes of section 416(b)(7)(D)(iv) of the Agricultural Act 
     of 1949. The House bill contained no similar provision.
       Senate Section 107.--The conference agreement includes a 
     provision (Section 106) that allows the Secretary of 
     Agriculture to use an amount not to exceed $12,000,000 from 
     amounts previously appropriated to the Food Safety and 
     Inspection Service under P.L. 106-387 to liquidate over-
     obligation and over-expenditures of the Food Safety and 
     Inspection Service incurred during previous fiscal years. The 
     House bill contained no similar provision.

                               CHAPTER 2

                         DEPARTMENT OF JUSTICE

                         General Administration


                         salaries and expenses

       The conference agreement includes $6,750,000 for General 
     Administration, of which $1,000,000 is provided as a 
     contingent emergency requirement. Of the total amount, 
     $5,750,000 is for continued implementation of IDENT/IAFIS 
     fingerprint systems. The Justice Department is directed to 
     continue to provide updates to the Committees on 
     Appropriations as requested regarding the progress of this 
     initiative. The conferees believe that the Department has 
     provided sound oversight of this system, which will link the 
     Federal Bureau of Investigation (FBI) and Immigration and 
     Naturalization Service (INS) fingerprint databases. The 
     conferees believe that this same integrated oversight should 
     be applied to the development of the INS Entry Exit program 
     and the ``Chimera'' system, which will improve data 
     management and information technology infrastructure.
       The conferees are very concerned that the cost estimates 
     for the Entry Exit System

[[Page 13665]]

     continue to change, that the uses for which funding is 
     requested continue to change, and that the Department of 
     Justice and the Administration have not yet articulated to 
     the Congress the policies that this proposed new system would 
     support. Better planning and interagency coordination will be 
     necessary to create an effective Entry Exit system that will 
     alert Federal law enforcement when would-be terrorists try to 
     gain entry to or leave the U.S. The recommendation includes 
     $1,000,000 for the Entry Exit System, as proposed in the 
     House bill, to be managed by the Justice Management Division 
     (JMD). This funding, together with $13,300,000 provided to 
     the INS in P.L. 107-117, shall be used by JMD to continue 
     efforts to plan the Entry Exit System. The Department is 
     directed to consult with the Committees on Appropriations 
     prior to obligating these funds to ensure that this system 
     links existing law enforcement and intelligence databases and 
     takes advantage of existing infrastructure and programs 
     already in operation at ports of entry, such as the Dedicated 
     Commuter Lanes program. JMD should also seek input from the 
     appropriate Executive Branch agencies to coordinate with 
     other law enforcement, border security, and intelligence 
     community information systems. Further, given the importance 
     of and uncertain total resource requirements of this program, 
     the Conferees will request that the General Accounting Office 
     provide oversight and input to JMD regarding every aspect of 
     program development, including information technology plans, 
     infrastructure needs, and staffing.
       The conference agreement also includes language that funds 
     shall derived from the Working Capital Fund to develop a plan 
     regarding the INS ``Chimera'' system for review by the 
     Committees on Appropriations, as directed in the Senate 
     report. This project shall also be managed by JMD. The 
     conference agreement also adopts Senate direction regarding a 
     briefing on lessons learned on the implementation of the 
     Trilogy program. Centralizing the management and 
     implementation of these systems will ensure that they will be 
     interoperable and accessible by other relevant Federal 
     agencies.
       Serious concerns remain regarding how counterterrorism 
     activities are coordinated within the Justice Department. In 
     recent months, Justice has expanded the number of Joint 
     Terrorism Task Forces, and created the National Security 
     Coordinating Council, Regional Terrorist Task Forces, Anti-
     Terrorism Task Forces and the Foreign Terrorist Tracking Task 
     Force. However, Justice has not successfully articulated how 
     these effort enhance existing counterterrorism activities or 
     improve coordination among Federal, State and local agencies.
       The Deputy Attorney General (DAG), as the chair of the 
     National Security Coordination Council, has been designated 
     as the lead official coordinating the Justice Department's 
     activities relating to combating domestic terrorism. The DAG 
     is directed to submit to the Committees on Appropriations a 
     strategic plan for a coordinated Justice Department effort in 
     this regard. Further, the DAG is directed to submit a 
     detailed Justice Department counterterrorism budget summary 
     by program no later than 90 days after the enactment of this 
     bill and simultaneously with the President's annual budget 
     request thereafter. The DAG is also directed to report 
     quarterly on actual expenditures pursuant to the plan. The 
     budget summary and expenditure report should begin with the 
     fourth quarter of fiscal year 2002.
       The conference agreement does not include the Senate 
     language creating Principal Associate Deputy Attorney General 
     for Combating Terrorism.

                            Legal Activities


             salaries and expenses, united states attorneys

                              (rescission)

       The conference agreement includes a rescission of 
     $7,000,000 from the unobligated balances available in the 
     ``Salaries and Expenses, United States Attorneys'' account 
     provided in P.L. 107-77.


         Salaries and Expenses, United States marshals Service

       The conference agreement includes $37,900,000 for the 
     U.S.Marshals Service to address increased security 
     requirements associated with terrorist and other high threat 
     trials. The conferees direct the U.S. Marshals Service to 
     submit a spending plan for these funds by August 15, 2002.

                       Federal Prisoner Detention


                              (rescission)

       The conference agreement includes a rescission of 
     $30,000,000 from available unobligated balances in the 
     Federal Prisoner Detention account.

                         Assets Forfeiture Fund


                              (rescission)

       The conference agreement includes a rescission of 
     $5,000,000 from the Assets Forfeiture Fund Super Surplus.

                    Federal Bureau of Investigation


                         Salaries and Expenses

       The conference agreement includes $175,000,000 for the 
     Federal Bureau of Investigation (FBI) ``Salaries and 
     Expenses'' account, including $165,000,000 as a contingent 
     emergency requirement.
       Of the total amount, $12,500,000 is provided for additional 
     cybercrime, counterterrorism, and counterintelligence 
     analytical support staff. This increase will ensure that 
     there are more support staff to analyze the large volume of 
     information that FBI agents are collecting as part of their 
     terrorism investigations. The conference agreement also 
     includes $20,000,000 for the Drug Enforcement 
     Administration's (DEA) Special Operations Division, to be 
     transferred expeditiously from the FBI to the DEA in 
     accordance with the previously established MOU; $10,000,000 
     for the Foreign Terrorist Tracking Task Force; and $2,000,000 
     for language translation services.
       The conferees remain concerned with the FBI's information 
     technology infrastructure. A robust information technology 
     infrastructure is essential to the FBI's ability to securely 
     manage complex investigations; combat terrorism and 
     cybercrime; and collect and disseminate intelligence. 
     Therefore, the conference agreement includes funds about the 
     request to speed implementation of information technology 
     enhancements. Funding includes $8,000,000 for Trilogy 
     contractor support; $40,121,000 for investigative data 
     warehousing; $18,435,000 for information assurance; 
     $7,500,000 for collaborative capabilities; $7,500,000 for FBI 
     HQ continuity of operations; $8,000,000 for digital storage 
     and retrieval of documents related to counterterrorism 
     investigations; $6,444,000 for mainframe upgrades; $4,000,000 
     for data mining and visualization; and $19,400,000 for the 
     National Infrastructure Protection Center Special 
     Technologies and Applications Unit. The FBI shall brief the 
     Committees on Appropriations prior to obligation of these 
     funds to ensure that these information technology investments 
     are integrated with activities of the Joint Terrorism Task 
     Forces, the Foreign Terrorist Tracking Task Force, Trilogy, 
     and the FBI's Information Assurance Program.
       The conference agreement also provides, as directed in the 
     Senate report, $8,000,000 for white collar crime squads and 
     $3,100,000 for Computer Analysis and Response Team equipment. 
     This funding will provide the FBI with technical resources to 
     combat corporate corruption and the growing threat of cyber 
     crime.
       In addition, the conferees direct the FBI to use 
     $44,713,000 expected to be carried over from funds provided 
     in P.L. 107-117 to establish additional Legal Attache offices 
     and provide for information infrastructure enhancements for 
     Legal Attache offices. The FBI shall submit to the Committees 
     a list of proposed new Legal Attache offices no later than 
     August 16, 2002. As directed in the Senate report, this list 
     should also include a review of and sight-sizing proposal for 
     existing offices to ensure that resources are deployed to the 
     highest priority locations. The proposal should be 
     coordinated with the State Department and other relevant 
     Federal agencies, such as the National Security Council, to 
     ensure that FBI plans and activities are consistent with 
     other diplomatic and foreign policy overseas presence 
     priorities.

                 Immigration and Naturalization Service


                         Salaries and Expenses

                     Enforcement and Border Affairs

       The conference agreement includes $81,250,000 for the 
     Immigration and Naturalization Service ``Salaries and 
     Expenses'' account, including $46,250,000 as a contingent 
     emergency requirement. The conferees are concerned that INS 
     and Department of Justice management have not provided 
     effective oversight to ensure that the User Fee account 
     remains solvent, and are therefore providing a one-time 
     appropriation of $25,000,000 to ensure that sufficient staff 
     are hired and information technology enhancements are 
     provided as directed in the fiscal year 2002 Appropriations 
     Act. To support the INS homeland security mission with regard 
     to enforcing deportation orders, $25,000,000 is provided for 
     the Absconder Initiative. To address chronic vehicle 
     shortfalls, $25,000,000 is provided for fleet management. The 
     conferees note that the Congress provides base funding every 
     year to the INS for both new and replacement vehicles, and 
     the INS is expected to use these appropriations for both new 
     and replacement vehicles instead of redirecting these 
     resources to other areas. The conferees direct the INS to 
     submit a spending plan prior to obligating any of the funding 
     provided under this heading.
       To improve retention of Border Patrol Agents and 
     Immigration Inspectors, the conference agreement includes 
     $6,250,000 for pay upgrades for Border Patrol Agents and 
     Immigration Inspectors for the remainder of fiscal year 2002. 
     The conferees are concerned that the Administration has 
     failed to address law enforcement pay equity issues in a 
     comprehensive manner, and expects it to develop and quickly 
     implement an equitable pay scale to ensure fair compensation 
     for the Nation's Federal law enforcement officers.


                              Construction

       The conference agreement includes $32,100,000 as a 
     contingent emergency requirement for the Immigration and 
     Naturalization Service ``Construction'' account, to remain 
     available until expended. The INS is directed to submit a 
     proposed allocation to the Committees prior to obligating any 
     of this funding.

[[Page 13666]]



                         Federal Prison System


                        Buildings and Facilities

                              (Rescission)

       The conference agreement includes a rescission of 
     $5,000,000 from the unobligated balances available in the 
     ``Federal Prison System, Buildings and Facilities'' account.

                       Office of Justice Programs


                           Justice Assistance

                         (including rescission)

       The conference agreement includes $151,300,000 as a 
     contingent emergency requirement for equipment, training and 
     exercises for State and local first responders as authorized 
     by the USA PATRIOT Act. Since fiscal year 1998, this program 
     has provided funding and support to all types of first 
     responders, including fire, emergency medical services, 
     hazardous material response, and law enforcement. The 
     following table outlines the funding provided in the 
     conference agreement:

Equipment...................................................$95,000,000
  Prepositioned Equipment..................................(20,000,000)
  Electronic Dissemination of Terrorist Threat Information.(10,000,000)
  Equipment Formula Grants.................................(65,000,000)
Security Clearances...........................................1,300,000
Training.....................................................41,000,000
Exercises....................................................14,000,000
                                                       ________________
                                                       
    Total...................................................151,300,000

       Prepositioned Equipment.--The conference agreement includes 
     $20,000,000 for prepositioned equipment and adopts, by 
     reference, the Senate report language on this matter.
       Electronic Dissemination of Terrorist Threat Information.--
     The conference agreement includes $10,000,000 to enhance the 
     Department's electronic dissemination of terrorism-related 
     threat information to State and local communities as proposed 
     in the House bill. The conferees direct the Office of the 
     Deputy Attorney General, in coordination with the 
     Department's Chief Information Officer, the Federal Bureau of 
     Investigation and the Office of Justice Programs, to report 
     to the Committees on Appropriations by September 1, 2002, 
     outlining the Department's efforts to ensure State and local 
     communities are properly informed. The report shall include: 
     (1) a spending plan for the $10,000,000 provided by this Act; 
     (2) a description of the funding used to operate each of the 
     electronic systems the Department uses to communicate with 
     State and local communities, including but not limited to 
     RISS, LEO, NLETS, the Emergency Fire Services Information 
     Sharing and Analysis Center, the Southwest Border Anti-Drug 
     Information System, the National Sheriffs Association's 
     multi-State information sharing system, and the Real-time 
     Analytical Intelligence Database; (3) a description of how 
     the Department's various communication systems interact to 
     ensure information in each system is up to date and accurate; 
     (4) a description of the Department's plans to eliminate or 
     consolidate systems while making them all interoperable; (5) 
     a description of the future year costs of the Department's 
     communication systems; (6) a description of how the 
     Department communicates with local officials that are not 
     connected to at least one of the Department's various 
     systems; (7) a description of the FBI's National Intel Share 
     Project and how this project will utilize RISS, LEO and other 
     systems; (8) a description of whether its necessary for State 
     and local communities to develop their own information 
     systems; and (9) a description of how the Department will 
     work with State and local governments that have developed 
     local information sharing systems to ensure they are 
     interoperable with the Department's information systems.
       Equipment Formula Grants.--The conference agreement 
     includes $65,000,000 for equipment grants and adopts, by 
     reference, language in the Senate report regarding the 
     refinement of the Office of Domestic Preparedness' grant 
     making process to expedite and facilitate the delivery of 
     funds and services. The conferees also adopt, by reference, 
     language in the Senate report regarding matching 
     requirements.
       The conferees adopt, by reference, language in the Senate 
     report requiring the IAB to submit a report regarding 
     equipment standards, and language in the House report 
     regarding State and local coordination in the development and 
     implementation of Statewide strategic plans.
       Security Clearance.--The conference agreement includes 
     $1,300,000 for security clearances for State and local first 
     responders as described in the Senate report.
       Training.--The conference agreement includes $41,000,000 
     for first responder training, including $5,000,000 for the 
     development of standards as described in the House report and 
     $36,000,000 to establish a competitive discretionary training 
     grant program.
       The conferees recognize the critical need for State and 
     local first responders to receive training to counter weapons 
     of mass destruction (WMD) and terrorism threats. This new 
     competitive discretionary grant program is to be designed and 
     implemented by the Office of Domestic Preparedness (ODP). The 
     conferees direct ODP to develop and submit proposed 
     guidelines for the program to the Committees on 
     Appropriations no later than 45 days after enactment of this 
     Act. The conferees expect that these proposed guidelines 
     should at a minimum allow State and local agencies, non-
     profit organizations, and universities to be eligible for 
     grants, including former and current ODP grant recipients. 
     The conferees expect the grant approval process to include a 
     review of training curricula and materials to ensure that 
     grantees are using the latest WMD and counterterrorism 
     training techniques. ODP will need adequate resources to 
     implement this new program, therefore the conferees direct 
     that the current hiring freeze be lifted and the Office be 
     fully staffed within available resources.
       The conferees adopt, by reference, language in the Senate 
     report regarding a report on the coordination of Federal 
     training. The conferees expect the report to be submitted no 
     later than January 31, 2002.
       Exercise.--The conference agreement includes $14,000,000 
     for exercises, including $4,000,000 for TOPOFF II as proposed 
     in the Senate report.
       CapWIN.--The Federal government is the largest single 
     employer in the Washington D.C. metro area and the conferees 
     are committed to the safety of Federal employees. The 
     conferees are concerned that in the event of another 
     terrorist attack in the Washington, DC area the Executive 
     Branch should have a communications system in place that will 
     inform all of the Federal agencies in the metropolitan area 
     of threat and public health information along with evacuation 
     procedures.
       Public Law 107-117 provided $20,000,000 for the Capitol 
     Wireless Integrated Network (CapWIN). This system will 
     integrate law enforcement, fire, emergency medical, 
     transportation, and hazmat information from Maryland, 
     Virginia, the District of Columbia, and certain Federal 
     agencies. This system will ensure that responders from 
     various jurisdictions are able to communicate in the field 
     and through the use of mobile computing will also greatly 
     enhance the amount of information available to all types of 
     responders both in the field and at emergency operations 
     centers.
       The conferees direct the Office of Justice Programs, in 
     consultation with the Office of Personnel Management (OPM) 
     and the General Services Administration, to evaluate whether 
     CapWIN can be expanded to include Federal agencies located in 
     the Washington, DC metro area to ensure that in the event of 
     a terrorist attack Federal agencies are able to maintain 
     communications with Executive Branch leaders. The conferees 
     believe the expansion of CapWIN to Federal agencies will 
     enhance agencies' abilities to share electronic information. 
     The conferees understand that, once developed, CapWIN should 
     not require a significant investment of resources for Federal 
     agencies to access. it.
       The conferees direct the Department of Justice, in 
     consultation with the OPM, to submit a report to the 
     Committee on Appropriations, no later than December 1, 2002, 
     on the status of expanding CapWIN to Federal agencies within 
     the Washington, DC metro area. The report shall include an 
     implementation plan, including funding required and 
     procedures for use of the system in the event of a terrorist 
     attack. The report should also include alternatives, if the 
     expansion of CapWIN is not the appropriate solution to allow 
     Federal agencies to communicate in a crisis situation.
       The conference agreement rescinds $600,000 from funds 
     available to the Office of the Assistant Attorney General for 
     Office of Justice Programs, $1,400,000 less than the 
     rescission proposed in the Senate bill. The conference 
     agreement does not include the $2,000,000 rescission proposed 
     in the Senate bill from funds available to the Office of 
     Congressional and Public Affairs.


                           crime victims fund

       The conference agreement adopts, by reference, language in 
     the House report under this heading.


                  community oriented policing services

       The conference agreement includes $50,000,000 as a 
     contingent emergency requirement for a new Office of 
     Community Oriented Policing Services (COPS) Interoperable 
     Communications Technology program, to be designed and 
     implemented by the COPS Office, in consultation with the 
     Office of Science and Technology (OS&T) of the National 
     Institute of Justice, and the Bureau of Justice Assistance 
     (BJA). The conferees seek to utilize the expertise of all 
     three organizations so as to create a grant program that is 
     highly responsive to the immediate needs of the State and 
     local law enforcement community and that takes full advantage 
     of the expertise and lessons learned from OS&T and BJA 
     research and development in the field of interoperable law 
     enforcement communications, particularly project AGILE. In 
     addition, the conferees are aware that the Office of Domestic 
     Preparedness and the National Institute of Standards and 
     Technology (NIST) have significant experience in law 
     enforcement communications, and recommend that the COPS 
     Office seek guidance from these agencies when designing and 
     implementing this program.
       This program should address the critical need of law 
     enforcement to improve cross-jurisdictional communication and 
     information

[[Page 13667]]

     sharing. The conferees direct the COPS Office to develop and 
     submit proposed guidelines for the program to the Committees 
     on Appropriations no later than 45 days after enactment of 
     this Act. Consistent with the COPS Office's existing grant 
     programs, the COPS Interoperable Communications Technology 
     program should include a 25 percent local match requirement. 
     The conferees are aware that the Federal Emergency Management 
     Administration (FEMA) has a similar program designed for Fire 
     Departments and EMS and therefore COPS should consult with 
     FEMA to ensure that these programs are providing compatible 
     communications equipment that will allow interoperability 
     among all first responders in a given jurisdiction. The 
     conferees urge that grants under these programs be used, 
     whenever possible, to purchase cost effective cross band 
     repeaters or other frequency or band patching solutions to 
     allow agencies to make existing communications systems 
     interoperable. Because of the complexities associated with 
     these systems, the conferees provide $3,00,000, within 
     available amounts, to be transferred to the Bureau of Justice 
     Assistance to provide technical assistance, utilizing OS&T's 
     expertise, to grantees regarding the implementation of the 
     equipment.
       The conferees understand and support the need for minimum 
     standards for law enforcement communications technology. 
     Therefore, OS&T should assist the COPS Office in 
     incorporating existing minimum standards into the formulation 
     of this grant program. The conferees also provide, within 
     available amounts, $5,000,000 to be transferred to NIST to 
     continue the efforts of the Office of Law Enforcement 
     Standards (OLES) regarding the development of a comprehensive 
     suite of minimum standards for law enforcement 
     communications.
       The conferees direct that the current hiring freeze in the 
     COPS Office be lifted and the Office be fully staffed within 
     available resources to support the implementation of this new 
     program. In addition, the conferees are aware that a number 
     of cross band repeaters have been distributed by the Federal 
     government to local jurisdictions throughout the United 
     States. The conferees direct that NIJ provide an inventory no 
     later than January 1, 2003, regarding the locations of all of 
     these systems.

              DEPARTMENT OF COMMERCE AND RELATED AGENCIES

                            RELATED AGENCIES

           Office of the United States Trade Representatives


                         salaries and expenses

       The conference agreement includes $1,100,000 as a 
     contingent emergency appropriation for increased security 
     costs.

                         DEPARTMENT OF COMMERCE

                          Bureau of the Census


                     periodic censuses and programs

                              (rescission)

       The conference agreement includes a rescission of 
     $11,300,000 from amounts made available under this heading in 
     prior fiscal years, except funds designated for the Suitland 
     Federal Center.

             National Institute of Standards and Technology


             scientific and technical research and services

       The conference agreement includes $37,100,000 under this 
     heading, of which $33,100,000 is provided as a contingent 
     emergency requirement. Of the total amount provided, 
     $20,000,000 is included to further develop the overall 
     Federal Government information technology (IT) security 
     framework, including baseline minimum IT security benchmarks 
     or criteria. No funding is provided to develop technology-
     specific requirements for the use of specific hardware or 
     software or to develop cyber-security technologies that may 
     compete against those developed by industry.
       In addition, $2,000,000 is included to strengthen security 
     and surveillance at the NIST neutron reactor, $1,000,000 is 
     provided for the development of standards for the accuracy of 
     biometric identification systems as authorized by Public Law 
     107-56 and Public Law 107-173, $4,000,000 is provided for 
     standards, technology and practices for buildings and 
     emergency responders to develop and implement cost-effective 
     safety and security for buildings, and $10,100,000 is 
     included for standards development for chemical/biological/
     nuclear/radioactive explosive threat detection equipment and 
     biomedical recognition equipment to support homeland security 
     activities.

            National Oceanic and atmospheric Administration


                  operations, research, and facilities

                         (including rescission)

       The conference agreement includes $4,800,000 in this 
     account, including $2,800,000 as a contingent emergency 
     requirement. Of the total amount provided, $2,800,000 is for 
     critical satellite products and services under the National 
     Environmental Satellite Data Information Service and 
     $2,000,000 is for critical mapping and charting backlog 
     requirements redirected from New York, Virginia, and Alaska 
     as a result of the September 11th attacks.
       The conference agreement includes, by reference, language 
     in the House report regarding tornadoes.
       The conference agreement also includes a rescission of 
     $8,100,000 from unobligated balances remaining under this 
     heading provided by Section 817 of Public Law 106-78.


               procurement, acquisition and construction

       The conference agreement includes $7,200,000 as a 
     contingent emergency requirement for a supercomputer backup 
     capability for the National Weather Service.


                   fisheries finance program account

       The conference agreement includes language relating to loan 
     program levels under the fisheries finance program.

                        Departmental Management


                         salaries and expenses

       The conference agreement includes $400,000 as an emergency 
     requirement for increased guard and protection services, as 
     requested.

                             The Judiciary

                   Supreme Court of the United States


                    care of the building and grounds

       The conference agreement includes $10,000,000 as an 
     emergency requirement to address the Supreme Court 
     buildings's perimeter security needs. The conferees direct 
     the Architect of the Capitol to submit a spending plan for 
     this funding no later than September 15, 2002. The conferees 
     adopt, by reference, language in the House report regarding 
     the coordination of the Court's security efforts with other 
     security enhancements being implemented in the U.S. Capitol 
     complex.

         United States Court of Appeals for the Federal Circuit


                         salaries and expenses

       The conference agreement adopts, by reference, language in 
     the House report under this heading. The required report 
     should be submitted no later than September 1, 2002.

    Courts of Appeals, District Courts, and Other Judicial Services


                         salaries and expenses

       The conference agreement includes $7,115,000, including 
     $3,972,000 as a contingent emergency requirement, for the 
     increased costs associated with terrorist-related trials. Of 
     the total amount provided, $5,200,000 is for perimeter 
     security enhancements such as protective window film, for 
     courts with upcoming terrorist trials, as described in the 
     House and Senate reports. In addition, $1,915,000 is provided 
     to fund the costs associated with closed circuit transmission 
     of the Moussaoui trial to victims of the September 11th 
     attacks. The conferees adopt, by reference, language in the 
     Senate report regarding a report on the court security radio 
     conversion program.
       Courtroom Technologies.--The conferees support the Federal 
     Judiciary and Department of Justice courtroom technologies 
     programs. The Federal Judiciary's courtroom technology 
     program includes the installation of video evidence 
     presentation systems, video conferencing systems, and 
     electronic methods of taking the record in new and existing 
     Federal courtrooms, as well as the procurement of portable 
     suites of computers and audio/visual equipment for use in 
     courtrooms without permanent equipment. The conferees 
     understand that these technologies can reduce trial time, 
     lower litigation costs and enhance the understanding of 
     information.
       The conferees also understand that Department of Justice 
     attorneys have developed a similar low cost, portable suite 
     of computers and audio/visual equipment for the courtroom 
     that enhances the presentation of information to juries on 
     complex issues such as how a cyber attack is launched.
       The conferees direct the Administrative Office of the U.S. 
     Courts and the Executive Office of United States Attorneys 
     (EOUSA) to provide a report to the Committees on their plans 
     to expand the use of courtroom technologies in Federal 
     courtrooms. The report should describe the courts' plans to 
     expand installation of courtroom technologies in new and 
     existing courtrooms and to use of portable courtroom 
     technologies. The report should compare the costs and 
     benefits of each program. The report should also describe how 
     the Federal Judiciary and the EOUSA are coordinating their 
     programs to ensure that duplicative equipment is not 
     purchased. The conferees expect the report to be submitted no 
     later than September 1, 2002.

                 DEPARTMENT OF STATE AND RELATED AGENCY

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs


                    Diplomatic and Consular Programs

       The conference agreement includes $47,450,000 in this 
     account as an emergency appropriation. This amount includes 
     $20,300,000 for costs of opening and securing diplomatic 
     posts in Kabul, Afghanistan, and Dushanbe, Tajikistan. The 
     conferees direct the Department to submit bimonthly reports 
     on the planned and actual obligation and expenditure of this 
     funding through completion of the projects.
       The conference agreement also includes $1,000,000 for 
     domestic preparedness needs, $3,000,000 for chemical/
     biological emergency supplies, $1,600,000 for increased 
     domestic guard requirements, $550,000 for immunization 
     requirements, and $11,000,000 for mail

[[Page 13668]]

     and pouch processing requirements. The conferees note that 
     $10,000,000 was provided for security upgrades of mail and 
     pouch facilities in Public Law 107-38. Should additional 
     funding beyond the total of $21,000,000 be required for this 
     purpose, the conferees expect the Department to submit a 
     reprogramming from funding provided for other purposes.
       The conference agreement also includes in this chapter a 
     public diplomacy initiative to engage foreign Arab and Muslim 
     publics totaling $40,100,000, including $10,000,000 under 
     this account. The conference agreement includes, by 
     reference, language in the Senate report regarding the 
     American Corners initiative. Funding is included under this 
     account, as follows, for public diplomacy programs and 
     activities:

Broadcast Rights.............................................$1,150,000
Crimes Against Humanity Programs..............................1,000,000
Regional Office--Cairo........................................1,500,000
Iran-Iraq Programs............................................1,000,000
Translations....................................................150,000
Democratization...............................................1,050,000
English Teaching Support......................................2,550,000
Educational Reform (Gulf & S Asia)..............................500,000
American Studies (NEA region)...................................600,000
Educational Reform Small Grants.................................500,000
                                                       ________________
                                                       
    Total....................................................10,000,000


               Educational and Cultural Exchange Programs

       The conference agreement includes $15,000,000, including 
     $5,000,000 as a contingent emergency requirement, for a 
     public diplomacy exchange initiative for foreign Arab and 
     Muslim publics. This initiative includes funding, as follows, 
     for educational and cultural exchange themes and programs to 
     increase mutual understanding with Arab and Muslim audiences 
     worldwide:

Values/Religious Tolerance...................................$2,100,000
English Language Programs.....................................4,000,000
American Studies..............................................1,000,000
Youth Exchanges...............................................1,000,000
Media Training Exchanges........................................500,000
US/Afghan Women's Council.....................................2,400,000
Fulbright Exchanges...........................................4,000,000
                                                       ________________
                                                       
    Total....................................................15,000,000

       The conferees agree that Fulbright Exchanges funded in this 
     Act will focus on the themes of values/religious tolerance, 
     American studies, media training and US/Afghan women's 
     issues. The conference agreement also includes, by reference, 
     language in the House report regarding the allocation of this 
     funding for countries not already covered under the Freedom 
     Support Act.


            embassy security, construction, and maintenance

       The conference agreement includes $210,516,000, including 
     $10,000,000 as a contingent emergency requirement. This 
     includes $130,516,000 for the construction and renovation of 
     diplomatic facilities in Kabul, Afghanistan, and $80,000,000 
     for Dushanbe, Tajikistan. The amount provided above the 
     request reflects adjusted Department estimates for the Kabul 
     project, as described in the Senate report. The conferees 
     direct the Department to submit bimonthly reports on the 
     planned and actual obligation and expenditure of this funding 
     through completion of the projects. In addition the conferees 
     direct that the bimonthly reports on the Kabul, Afghanistan, 
     facility contain detailed information, including cost 
     estimates, on compound security.
       The conferees also direct the Department to submit a report 
     on, and justification of, proposed staffing levels at both 
     posts before the obligation of funds, as described in the 
     House report. The conferees intend that the amount provided 
     for facilities in Kabul will support the collocation of all 
     agencies at post on a secure compound.


           emergencies in the diplomatic and consular service

       The conference agreement does not include additional 
     funding requested under this account. The conferees direct 
     the Department to use available funding in this account for 
     the purposes described in the request.

              International Organizations and Conferences


              contributions to international organizations

       The conference agreement includes $7,000,000 as an 
     emergency requirement for anticipated United Nations 
     assessments to support a United Nations mission in 
     Afghanistan.


        contributions for international peacekeeping activities

       The conference agreement includes $23,034,000 as an 
     emergency requirement for increased assessments for the 
     United Nations peacekeeping mission in the Democratic 
     Republic of the Congo (MONUC). The conference agreement 
     provides for estimated additional fiscal year 2002 
     assessments based on the current force level and does not 
     assume any increase or decrease to that level, nor any change 
     in the mandate of the mission. Should actual assessments for 
     MONUC exceed the increased funding level, the Department may 
     propose to reprogram funds from allocations for other 
     missions.

                             RELATED AGENCY

                    Broadcasting Board of Governors


                 international Broadcasting operations

       The conference agreement includes $7,400,000 as an 
     emergency requirement for operational costs to continue 
     surrogate radio broadcasting by Radio Free Europe/Radio 
     Liberty to the people of Afghanistan in languages spoken in 
     Afghanistan. The Broadcasting Board of Governors (BBG) shall 
     provide the Committees on Appropriations quarterly status 
     reports on ongoing broadcasting initiatives in the Middle 
     East, Afghanistan and Africa, with the first such report due 
     no later than October 15, 2002. In addition, the conferees 
     expect the BBG to carry VOA Farsi and Radio Free Europe/Radio 
     Liberty's Radio Free Iraq broadcasts on the medium-wave 
     transmitter located in Kuwait until such time as alternative 
     AM transmission capabilities with equivalent power and reach 
     are in place. The conferees note that the BBG, to date, has 
     not submitted such an alternative proposal to the Committees 
     on Appropriations.


                   broadcasting capital improvements

       The conference agreement includes $7,700,000 for the 
     ``Broadcasting Capital Improvements'' account, for capital 
     requirements associated with installation of a medium wave 
     transmission facility to support the Arabic broadcasting 
     initiative, as described in the House report.

                            RELATED AGENCIES

                      DEPARTMENT OF TRANSPORTATION

                        Maritime Administration


          maritime guaranteed loan (title xi) program account

                              (rescission)

       The conference agreement includes a rescission of 
     $5,000,000 from unobligated balances under this heading.

                   Securities and Exchange Commission


                         salaries and expenses

       The conference agreement includes $40,200,000 for the 
     Securities and Exchange Commission, including $9,300,000 as a 
     contingent emergency requirement. The total amount is 
     $20,200,000 above the request, and $10,900,000 above the 
     level provided in the House and Senate bills.
       The conferees are concerned that the Administration has not 
     requested sufficient resources for the Commission to 
     adequately protect investors from corporate abuses. In order 
     to address this concern, the conferees have provided more 
     that double the Administration's request. The conference 
     agreement includes $25,000,000 for 125 additional staff 
     including associated pay parity costs, and $5,900,000 to 
     allow the Commission to begin to address critical information 
     technology needs such as an integrated document management 
     system, automated analytical tools, and E-Filing. In 
     addition, $9,300,000 is provided for recovery costs for the 
     New York Regional Office where office space was destroyed in 
     the September 11th attacks.

                           General Provisions

       Sec. 201.--The conference agreement includes modified 
     language waiving a provision of existing law requiring 
     authorizations to be in place for the State Department prior 
     to the expenditure of any appropriated funds.
       Sec. 202.--The conference agreement includes language 
     amending existing law regarding the collection of immigration 
     inspection fees.
       Sec. 203.--The conference agreement includes language 
     authorizing the closed circuit televising of the Moussaoui 
     trial for victims of the September 11, 2001, attacks.
       Sec. 204.--The conference agreement includes language 
     requiring that funds provided in fiscal year 2002 for a 
     certain grant program be used before the end of the current 
     fiscal year.
       Sec. 205.--The conference agreement includes language 
     prohibiting the use of funds in this or any other act to 
     carry out a certain memorandum of agreement between the 
     Federal Trade Commission and the Department of Justice. The 
     conference agreement adopts by reference the semi-annual 
     reporting requirement included in the Senate report.
       Sec. 206.--The conference agreement includes modified 
     language extending the statutory deadline for submission of 
     the final report and recommendations of the Ocean Policy 
     Commission.
       Sec. 207.--The conference agreement includes language 
     authorizing the International Joint Commission to receive 
     funds from the U.S. Army Corps of Engineers for purposes 
     related to a certain project.
       Sec. 208.--The conference agreement includes language 
     clarifying the definition of wild fish in the Agricultural 
     Marketing Act of 1946, as amended.
       Sec. 209.--The conference agreement includes language 
     clarifying Congressional intent regarding a cooperative 
     agreement.
       Sec. 210.--The conference agreement includes language 
     providing economic assistance to certain fishermen and 
     fishing communities. The conference agreement includes, by 
     reference, language in the Senate

[[Page 13669]]

     report regarding the allocation, by State, of this funding.
       Sec. 211.--The conference agreement includes modified 
     language and funding for a cooperative research program and a 
     capacity reduction loan program for the New England 
     groundfish fishery.
       Sec. 212.--The conference agreement includes modified 
     language designating previously appropriated funding for the 
     costs of a capacity reduction loan program for the West Coast 
     fishery.
       Sec. 213.--The conference agreement includes language 
     amending Public Law 107-77 under the heading ``National 
     Veterans Business Development Corporation'' to make fiscal 
     year 2002 appropriations available until expended.

                               CHAPTER 3

                    DEPARTMENT OF DEFENSE--MILITARY

       Chapter 3 of the conference agreement recommends 
     $14,352,900,000 for the Department of Defense, instead of 
     $15,769,462,000 as proposed by the House and $14,022,000,000 
     as proposed by the Senate to support the global war on 
     terrorism. This amount includes $14,966,000,000 in new budget 
     authority, and $613,100,000 in offsets (rescissions) from 
     existing appropriations.
       The following table provides details of the emergency 
     supplemental appropriations in this chapter.

                                            [In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
                                                                 Budget
                                                                request       House        Senate     Conference
----------------------------------------------------------------------------------------------------------------
Military Personnel:
    Military Personnel, Air Force...........................      206,000      206,000      206,000      206,000
Operation and Maintenance:
    O&M, Army...............................................      107,000      226,000      107,000      209,000
    O&M, Navy...............................................       36,500       53,750       36,500       48,750
    O&M, Air Force..........................................       41,000       60,500       41,000       65,510
    O&M, Defense-Wide.......................................      739,000      751,975      739,000      721,975
    Defense Emergency Response Fund.........................   11,300,000   12,693,972   11,300,000   11,901,900
                                                             ---------------------------------------------------
        Total, O&M..........................................   12,223,500   13,786,197   12,223,500   12,947,135
                                                             ===================================================
Procurement:
    Other Procurement, Army.................................       79,200       79,200       79,200       79,200
    Aircraft Procurement, Navy..............................       22,800       22,800       22,800       22,800
    Proc of Ammunition, Navy and MC.........................      262,000      262,000      262,000      262,000
    Other Procurement, Navy.................................        2,500        2,500        2,500        2,500
    Procurement, Marine Corps...............................        3,500        3,500        3,500        3,500
    Aircraft Procurement, Air Force.........................       93,000      129,500       93,000      118,000
    Procurement of Ammunition, Air Force....................      115,000      115,000      115,000      115,000
    Other Procurement, Air Force............................      752,300      735,340      752,300      747,840
    Procurement, Defense-Wide...............................       99,500      104,425       99,500      104,425
                                                             ---------------------------------------------------
        Total, Procurement..................................    1,429,800    1,454,265    1,429,800    1,455,265
                                                             ===================================================
Research, Development, Test and Evaluation:
    RDTE, Army..............................................        8,200        8,200        8,200        8,200
    RDTE, Navy..............................................       19,000        9,000       19,000        9,000
    RDTE, Air Force.........................................       60,800       99,800       60,800      198,400
    RDTE, Defense-Wide......................................       74,700       72,000       74,700       67,000
                                                             ---------------------------------------------------
        Total, RDTE.........................................      162,700      189,000      162,700      282,600
                                                             ===================================================
General Provisions:
    MH-47...................................................           --       93,000           --           --
    Chemical Demilitarization...............................           --      100,000           --       75,000
    Rescissions.............................................           --      -59,000           --     -613,100
                                                             ---------------------------------------------------
        Total General Provisions............................           --      134,000           --     -538,100
                                                             ===================================================
        Grand Total.........................................   14,022,000   15,769,462   14,022,000   14,352,900
----------------------------------------------------------------------------------------------------------------

                           MILITARY PERSONNEL

       The conference agreement recommends $206,000,000 as 
     proposed by the House and the Senate for functions funded in 
     title I, Military Personnel, of the Department of Defense 
     Appropriations Act, as follows:

                                            [In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
                           Program                              Request       House        Senate     Conference
----------------------------------------------------------------------------------------------------------------
Military Personnel, Air Force Personnel Readiness...........      206,000      206,000      206,000      206,000
----------------------------------------------------------------------------------------------------------------

                       OPERATION AND MAINTENANCE

       The conference agreement recommends $1,045,235,000 for 
     functions funded in title II, Operation and Maintenance, of 
     the Department of Defense Appropriations Act, instead of 
     $1,092,225,000 as proposed by the House, and $923,500,000 as 
     proposed by the Senate, as follows:

                                            [In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
                           Program                              Request       House        Senate     Conference
----------------------------------------------------------------------------------------------------------------
Operation and Maintenance, Army:
    C3I Classified..........................................      101,800      103,800      101,800      103,800
    C3I Site R..............................................        5,200        5,200        5,200        5,200
    Operations in Bosnia and Southwest Asia.................            0      117,000            0      100,000
Operation and Maintenance, Navy:
    C3I Classified..........................................       36,500       53,750       36,500       48,750
Operation and Maintenance, Air Force:
    C3I Classified..........................................       32,000       51,500       32,000       56,510
    Weapons and Munitions--UAV..............................        9,000        9,000        9,000        9,000
Operation and Maintenance, Defense-Wide:
    C3I Classified..........................................      283,600      296,575      283,600      296,575
    C3I Homeland Security IT................................       32,000       32,000       32,000       32,000
    C3I White House Communications..........................        3,400        3,400        3,400        3,400
    Coalition Support.......................................      420,000      420,000      420,000      390,000
----------------------------------------------------------------------------------------------------------------

                Operation and Maintenance, Defense-Wide

       The conference agreement provides $390,000,000 for 
     reimbursements to Pakistan, Jordan, and other key cooperating 
     countries for the cost of goods, services, or use of 
     facilities provided in direct support of United States 
     military forces in connection with the global war on 
     terrorism. The conferees expect the Secretary of Defense to 
     establish financial management guidelines and documentation 
     requirements providing assurance that these reimbursements 
     are fully justified. The conferees expect that the first 
     ``15-day'' written notification submitted to the

[[Page 13670]]

     congressional committees will include a detailed description 
     of the financial management guidelines and documentation 
     requirements established by the Secretary under the authority 
     provided, and an explanation as to the adequacy of this 
     documentation in ensuring that taxpayer interests are 
     adequately protected.


                    Defense Emergency Response Fund

       The conference agreement recommends $11,901,900,000 for the 
     incremental costs of military operations and mobilization to 
     conduct the global war on terrorism, instead of 
     $12,693,972,000 as proposed by the House, and $11,300,000,000 
     as proposed by the Senate, as follows:

                       [In thousands of dollars]

                                                             Conference
                                                                 Amount
Military Personnel, Army:
  Active and Reserve Pays and Allowances......................1,389,700
  Mobilization Costs............................................245,000
Military Personnel, Navy:
  Active and Reserve Pays and Allowances........................414,200
  Mobilization Costs............................................285,000
Military Personnel, Marine Corps:
  Active and Reserve Pays and Allowances........................206,800
  Mobilization Costs..............................................2,000
Military Personnel, Air Force:
  Active and Reserve Pays and Allowances......................1,848,500
  Mobilization Costs............................................268,000
Operation and Maintenance, Army:                                705,000
  Personnel Support Operations Costs............................348,600
  Airlift and Sealift.........................................1,034,400
Operation and Maintenance, Navy:
  Flying Hours..................................................140,000
  Ship Operations...............................................225,000
  Ship Maintenance..............................................412,000
  U.S.S. Scranton DMP............................................90,000
  Aircraft Maintenance..........................................137,000
  Combat Support Forces.........................................150,000
  Operational Support Costs.....................................367,000
Operation and Maintenance, Marine Corps:
  Combat Support Force Operations................................51,000
Operation and Maintenance, Air Force:
  Operations and Personnel Support............................1,323,200
  Transportation and Airlift Costs..............................626,800
Operation and Maintenance, Defense-Wide:
  SOCOM and Homeland Defense..................................1,010,900
  Veterans' Task Force................................................0
  Classified....................................................120,000
Overseas Humanitarian, Disaster and Civic Aid:
  Demining and Unexploded Ordnance Activities....................10,000
Procurement of Weapons and Tracked Combat Vehicles, Army:
  Sniper Rifles, Modified Magazines...............................4,000
Procurement of Ammunition, Army:
  Small Caliber Ammunition.......................................62,800
Other Procurement, Army:
  Site R Short Range Air Defense.................................33,200
  Mine Clearing Equipment.........................................9,000
Aircraft Procurement, Navy:
  J-52 Engines....................................................9,000
  EA-6B Center and Outer Wing Repairs............................60,000
  Spares.........................................................27,000
Shipbuilding and Conversion, Navy:
  Incremental Cost of Maintenance Availability...................59,000
Other Procurement, Navy:
  Site R Costs, Spare Parts, and Guantanamo Bay Operations.......36,000
Procurement of Ammunition, Air Force:
  Sensor Fuzed Weapon.............................................8,000
Other Procurement, Air Force:
  NORAD Radio and Communications Upgrades.........................4,000
Research, Development, Test and Evaluation, Air Force:
  Global Hawk Deployment.........................................36,000
Defense Health Program:
  Guard and Reserve Medical Costs...............................143,800

       The conferees have agreed to provide $672,000,000 over the 
     amounts requested by the President in order to address 
     existing shortfalls in military personnel funding, including 
     those associated with the mobilization of Guard and Reserve 
     personnel and other personnel-related costs including ``stop-
     loss''. In addition, based on more current execution data, 
     the conference agreement adjusts the budget request by 
     realigning an additional $128,000,000 to personnel 
     requirements from operational costs, bringing the total 
     provided for additional military personnel expenses to 
     $800,000,000.
       The conference agreement reallocates $201,000,000 from 
     funds requested for SOCOM logistical support to the military 
     services that the providing the support. The recommendation 
     also realigns $100,000,000 from the Defense Health Program to 
     other requirements based on the Department's reporting of 
     lower than expected expenditures for medical services 
     provided to reservists called to active duty.
       The conferees agree with funding directives in House of 
     Representatives Report 107-480 with respect to body armor; 
     Naval Air Station, North Island historical facility 
     renovation; NAIC Threat Representation and Validation 
     project; and Predator B flying hours. Further, the conferees 
     agree with the quarterly reporting requirements for Defense 
     Emergency Response Fund (DERF) obligations as directed by the 
     House, and with the Senate's directive that the Department of 
     Defense notify the Committees on Appropriations prior to 
     transferring DERF funds to appropriations accounts or for 
     purposes or amounts other that those specified in the table 
     above.


   Realignment of DERF Funds for Fiscal year 2002 Funding Shortfalls

       The Department of Defense has identified $500,000,000 
     previously made available to the Defense Emergency Response 
     Fund (in Public Laws 107-38 and 107-117) that are not being 
     obligated by the military services as quickly as originally 
     anticipated. The categories to which these funds had been 
     allocated are as follows:

                       [In thousands of dollars]

Increased situational awareness.................................153,823
Enhanced force protection.......................................161,150
Increased worldwide posture......................................49,407
Initial crisis response.........................................125,620
Airport and border security......................................10,000

       Given that funds previously made available to the DERF were 
     for near term, extraordinary costs of the war on terrorism 
     that would be obligated and expended quickly, it is clear 
     that these funds are for relatively lower priority 
     activities. In order to help offset the additional funding 
     for military personnel and other time-sensitive, 
     mobilization-related costs provided in the conference 
     agreement, the conferees recommend a general provision 
     (section 312) rescinding $224,000,000 of these funds. As for 
     funds which remain from those cited above, the conferees 
     direct that they be realigned to address additional fiscal 
     year 2002 military personnel and other high priority 
     operational and readiness funding requirements that will not 
     be fully covered by the funding in this measure. The 
     conference agreement includes authority for the Secretary of 
     Defense to make such transfers, 15 days after notification to 
     the congressional defense committees.


                              PROCUREMENT

       The conference agreement recommends $1,455,265,000 for 
     functions funded in title III, Procurement, of the Department 
     of Defense Appropriations Act, instead of $1,454,265,000 as 
     proposed by the House, and $1,429,800,000 as proposed by the 
     Senate, as follows:

                                            [In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
                           Program                              Request       House        Senate     Conference
----------------------------------------------------------------------------------------------------------------
Other procurement, Army:
    C3I Classified..........................................       10,400       10,400       10,400       10,400
    C3I Site R..............................................       68,800       68,800       68,800       68,800
Aircraft Procurement, Navy:
    C3I Classified..........................................        8,000        8,000        8,000        8,000
    C3I White House Communications..........................       14,800       14,800       14,800       14,800
Procurement of Ammunition, Navy and Marine Corps:
    Weapons and Munitions--JDAM.............................      262,000      262,000      262,000      262,000
Other Procurement, Navy:
    C3I Classified..........................................        2,500        2,500        2,500        2,500
Procurement, Marine Corps:
    C3I Classified..........................................        3,500        3,500        3,500        3,500
Aircraft Procurement, Air Force:

[[Page 13671]]

 
    Weapons and Munitions--UAV..............................       93,000            0            0            0
    Global Hawk Replacement Vehicle.........................            0       35,000       35,000       35,000
    Backfill for Cameras P1 and P2..........................            0       13,000            0       13,000
    Sensor Packages/High Band Subsystem Dev.................            0            0       13,000            0
    Predator Accelerated Production.........................            0       45,000       37,000       37,000
    Predator Ground Station Retrofit........................            0            0        8,000        8,000
    F-15 VHF Radios.........................................            0       36,500            0       25,000
Procurement of Ammunition, Air Force:
    Weapons and Munitions--JDAM.............................      115,000      115,000      115,000      115,000
Other Procurement, Air Force:
    C3I Classified..........................................      752,300      735,340      752,300      747,840
Procurement, Defense-Wide:
    C3I Classified..........................................       46,900       51,825       46,900       51,825
    C3I White House Communications..........................       14,800       14,800       14,800       14,800
    Weapons and Munitions--Helicopter Weapons...............        3,500        3,500            0        3,500
    Weapons and Munitions--APQ Radar Overheat Mitigation....        3,300        3,300        3,300        3,300
    Weapons and Munitions--MH-60 Enhancement................        8,600        8,600            0        8,600
    Weapons and Munitions--Cas Suite........................        2,200        2,200            0        2,200
    SOF Small Arms and Weapons..............................            0            0        2,200            0
    Rotary Wing Upgrades....................................            0            0       12,100            0
    SOCOM Standard Ammo/Non-Standard Ammo/SOAR..............       20,200       20,200       20,200       20,200
----------------------------------------------------------------------------------------------------------------

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

       The conference agreement recommends $282,600,000 for 
     functions funded in title IV, Research, Development, Test and 
     Evaluation, of the Department of Defense Appropriations Act, 
     instead of $189,000,000 as proposed by the House, and 
     $162,700,000 as proposed by the Senate, as follows:

                                            [In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
                           Program                              Request       House        Senate     Conference
----------------------------------------------------------------------------------------------------------------
Research, Development, Test and Evaluation, Army:
    Weapons and Munitions--Hemostatic Dressing..............        8,200        8,200        8,200        8,200
Research, Development, Test and Evaluation, Navy:
    C3I Classified..........................................       10,000            0       10,000            0
    C3I White House Communications..........................        9,000        9,000        9,000        9,000
Research, Development, Test and Evaluation, Air Force:
    C3I Classified..........................................       37,800       99,800       37,800      175,400
    Weapons and Munitions--UAV..............................       23,000            0       23,000       23,000
Research, Development, Test and Evaluation, Defense-Wide:
    C3I Classified..........................................       74,700       52,000       74,700       52,000
    Remote CB Agent Vapor Detection System..................            0       20,000            0       15,000
----------------------------------------------------------------------------------------------------------------

               Crusader Next Generation Artillery System

       The conferees strongly oppose the process employed by the 
     Defense Department in proposing to terminate the Crusader 
     artillery system. The usual practice for making a policy 
     decision of this type would be for the Executive Branch to 
     propose it in the initial President's budget submission to 
     allow Congress sufficient time to hold hearings and fully 
     scrutinize its merits. This process was not followed in the 
     case of the Crusader. Instead, after requesting $475,609,000 
     in the fiscal year 2003 President's Budget, a budget 
     amendment was submitted on May 29, 2002 to immediately 
     terminate the Crusader program. This proposal gave the 
     Congress virtually no time to properly examine the merits of 
     the Administration's proposal.
       The conferees recognize that the proposed termination of 
     the Crusader system may present a higher degree of risk for 
     Army soldiers, given that the precision munitions and rocket 
     systems proposed as alternatives to the Crusader's 
     capabilities are unproven from technical, cost, and tactical 
     perspectives. However, the conferees have concluded that 
     since the Army has reported to the Congress on its plans to 
     exclude the Crusader from its Objective Force, and since the 
     Army has chosen to accelerate the fielding of the Future 
     Combat System to the 2008 timeframe, the justification for 
     the Crusader has diminished significantly.
       The Army's deficiency in heavy artillery capability cannot 
     continue to be deferred irrespective of the development of 
     precision guided munitions. The gap left by the termination 
     of the Crusader artillery system must be filled.
       The conferees believe it is imperative that the Army 
     accelerate its plan to develop a next generation artillery 
     cannon for the Objective Force to take full advantage of the 
     $2 billion investment in state-of-the-art artillery 
     technology developed under the Crusader program. The 
     conferees direct the Army to enter into a follow-on contract 
     immediately to leverage Crusader technology to the maximum 
     degree possible in order to develop and field a next 
     generation Non-Line of Sight (NLOS) Cannon artillery system 
     in the 2008 timeframe.
       Finally, the conferees direct the Army to carefully review 
     its requirements for this Objective Force NLOS Cannon 
     artillery system to ensure that the desire for high mobility 
     and speed of deployment is properly balanced against future 
     needs of lethality and combat overmatch.


                   Undersea Warfare Support Equipment

       The conferees direct that of the funds provided in the 
     fiscal year 2002 Defense Appropriations Act under ``Research, 
     Development, Test and Evaluation, Navy'' for Fleet 
     Telecommunications (tactical), $2,000,000 shall be 
     reallocated as follows: $1,000,000 shall be transferred to 
     ``Other Procurement, Navy'' Undersea Warfare Support 
     Equipment only to procure new improvements to the AN/SLQ 25A 
     system and $1,000,000 shall be reprogrammed within 
     ``Research, Development, Test and Evaluation, Navy'' to 
     Surface Ship Torpedo Defense, to implement the following 
     revised funding profile for the Tripwire Torpedo Defense 
     program: $7,350,000 for onboard sensors and signal 
     processing, $400,000 for distributed engineering center, 
     $2,500,000 for anti-torpedo torpedo, $1,650,000 for 
     associated components, and $1,500,000 for winch redesign and 
     integration.


      Remote Chemical and Biological Agent Vapor Detection System

       The conferees agree with the House language concerning the 
     remote chemical and biological agent vapor detection system 
     and recommend $15,000,000 for this purpose.


                          Classified Programs

       The recommendations of the conferees regarding classified 
     programs are summarized in a classified annex accompanying 
     this statement.

                    GENERAL PROVISIONS--THIS CHAPTER

       The conferees agree to retain section 301, as proposed by 
     the House and Senate, which permits funds in ``Research, 
     Development, Test and Evaluation, Navy'' be used for the 
     Special Operations Forces requirements related to the V-22 
     aircraft.
       The conferees agree to delete language proposed by the 
     House concerning obligation of funds in the Defense 
     Cooperation Account to be transferred to other appropriations 
     accounts.
       The conferees agree to retain section 302, as proposed by 
     the Senate, and delete language as proposed by the House, 
     which allows the Defense Department to continue to provide 
     assistance to Russia and the Former Soviet Union states 
     provided the President certifies that it is important to the 
     national security interests of the United States.
       The conferees agree to delete language as proposed by the 
     Senate which authorizes the use of funds for military 
     construction projects.
       The conferees agree to delete language as proposed by the 
     Senate which permits the Secretary of Defense to waive 
     current restrictions on the establishment of a field 
     operating agency.
       The conferees agree to retain section 303, as proposed by 
     the House and Senate concerning funds for intelligence 
     related programs.
       The conferees agree to delete language as proposed by the 
     House which changes the deadline for submitting a request for 
     multiple reprogrammings to the Congress.
       The conferees agree to retain section 304, as proposed by 
     the House and Senate which

[[Page 13672]]

     makes funds available for the payment of certain expenses for 
     international inspectors.
       The conferees agree to retain and amend section 305, as 
     proposed by the House which allows broader authority to the 
     Department of Defense for assistance to Colombia.
       The conferees agree to delete language as proposed by the 
     House providing $93,000,000 to acquire three MH-47 
     helicopters for the Special Operations Command. The conferees 
     do not agree to include this provision because the specific 
     airframes that were to be procured through this effort are no 
     longer available. However, the conferees concur with the 
     direction provided in House Report 107-480 requiring the 
     Secretary of Defense to provide a report to the defense 
     committees not later than 30 days after enactment of this act 
     outlining the Department's plans to acquire additional MH-47 
     helicopters to meet urgent mission requirements of the 
     Special Operations Command.
       The conferees agree to retain and amend section 306, as 
     proposed by the House which provides $75,000,000 for the 
     purpose of accelerating chemical agent destruction at 
     Department of Defense facilities in Aberdeen, Maryland; 
     Newport, Indiana; and Pine Bluff, Arkansas.
       The Conferees agree to retain and amend section 307, as 
     proposed by the House to rescind $163,100,000 instead of 
     $59,000,000. The specific programs and the amounts rescinded 
     are as follows:

                                                          (Rescissions)
2001  Appropriations:
  Other Procurement, Air Force..............................$12,500,000
2002  Appropriations:
  Missile Procurement, Air Force.............................11,600,000
  Other Procurement, Air Force...............................52,500,000
  Procurement, Defense-Wide..................................30,000,000
  Research, Development, Test and Evaluation, Air Force......56,600,000

       The conferees agree to retain and amend section 308, as 
     proposed by the House which states that section 2533a of 
     title 10 does not apply to transactions entered into under 
     section 8159 of Public Law 107-117.
       The conferees agree to delete language as proposed by the 
     House which provides authority for the Secretary of Defense 
     to use funds available in the ``Defense Emergency Response 
     Fund'' to reimburse cooperating nations for logistical and 
     military support provided to the United States military in 
     connection with the war on terrorism.
       The conferees agree to retain section 309, as proposed by 
     the Senate which provides direction on the execution of 
     $2,000,000 provided for procurement of smokeless 
     nitrocellulose.
       The conferees agree to retain section 310, as proposed by 
     the Senate supporting the conversion of the Naval Security 
     Group, Winter Harbor, Maine.
       The conferees agree to retain section 311, as proposed by 
     the Senate which directs that $2,200,000 in ``Operation and 
     Maintenance, Army National Guard'' be used for information 
     operations, information assurance operations and related 
     training.
       The conferees agree to include a new general provision, 
     section 312, which rescinds $224,000,000 from funds 
     previously made available in the Defense Emergency Response 
     Fund.
       The conferees agree to include a new general provision, 
     section 313, which rescinds $226,000,000 from fiscal year 
     2002 defense appropriations resulting from revised economic 
     assumptions regarding inflation.

                               CHAPTER 4

                          District of Columbia


                             federal funds

       The conferees recognize that security in the nation's 
     capital is the combination of efforts by local and Federal 
     government agencies and regional authorities, providing 
     transportation, public works, and other services. A high 
     degree of coordination among these entities is required to 
     enhance and maintain security. In addition, the investments 
     made in this region to address critical infrastructure must 
     also be coordinated. The conferees encourage the 
     Administration to assess the needs of the national capital 
     region, set funding priorities, and make recommendations 
     through the President's fiscal year 2004 budget, and, if 
     necessary, through any supplemental budget requests.


       federal payment to the children's national medical center

       The conferees provide a Federal payment of $10,000,000 to 
     the Children's National Medical Center instead of $13,770,000 
     as proposed by the Senate. The House bill contained no 
     similar provision. Included in this amount is $8,000,000 for 
     the expansion of quarantine facilities and $2,000,000 for the 
     construction of a decontamination facility for children and 
     families.


              federal payment to the district of columbia

       The conferees provide a Federal payment of $23,000,000 to 
     the District of Columbia to implement the District Emergency 
     Operations Plan instead of $24,730,000 as proposed by the 
     Senate. The House bill contained no similar provision. 
     Included in this amount is $12,000,000 to reimburse the 
     District for overtime expenses related to providing security 
     at events associated with Federal government activities. Also 
     included in this amount is $5,000,000 for the Unified 
     Communications Center and $6,000,000 for construction of 
     containment facilities and other activities to support the 
     regional Bioterrorism Hospital Preparedness Program at the 
     Washington Hospital Center.


 federal payment to the washington metropolitan area transit authority

       The conferees provide a Federal payment of $8,000,000 to 
     the Washington Metropolitan Area Transit Authority instead of 
     $25,000,000 as proposed by the Senate. The House bill 
     contained no similar provision. This funding is to contribute 
     to the creation of a regional transportation back-up 
     operations control center. Funding of this center is 
     primarily a regional responsibility; therefore the conferees 
     direct the General Manager of the Washington Metropolitan 
     Area Transit Authority to submit by February 5, 2003 a plan 
     for how this project will be financed. If it is determined 
     that sufficient local funds cannot be dedicated to this 
     project, the General Manager shall submit a plan that details 
     how the agency proposes to expend the funds provided in this 
     Act. The conferees do not intend to provide additional 
     Federal funding for this project.
       The conferees note that a number of the largest mass 
     transit systems around the country have modified their 
     vending systems to both accept and dispense the Sacajawea 
     ``Golden Dollar'' coins. This is a coin which was created by 
     an Act of Congress and which depicts an important Native 
     American woman from American history. Regrettably, many mass 
     transit systems around the country, including in the Nation's 
     Capital, have declined to modify their vending systems to 
     make use of the coin. These transit systems have thus far 
     missed a chance to educate the millions of Americans who 
     annually use transit systems about both the Golden Dollar 
     coin as well as this important American. As we approach the 
     bicentennial celebration of Lewis and Clark's ``Corps of 
     Discovery,'' the conferees direct the Washington Metropolitan 
     Area Transit Authority to report the Committees on 
     Appropriations of the House of Representatives and Senate by 
     February 1, 2003 on its efforts to make its vending machines 
     ``Golden Dollar'' capable.


 federal payment to the metropolitan washington council of governments

       The conferees provide a Federal payment of $1,750,000 to 
     the Metropolitan Washington Council of Governments as 
     proposed by the Senate. The House bill contained no similar 
     provision. This funding is to acquire the technology to 
     support the Regional Incident Communication and Coordination 
     System as approved by the Council.


  federal payment to the water and sewer authority of the district of 
                                columbia

       The conferees provide a Federal payment of $1,250,000 to 
     the Water and Sewer Authority of the District of Columbia 
     instead of $3,000,000 as proposed by the Senate. The House 
     bill contained no similar provision. This funding is for 
     remote monitoring of water quality, including the ability to 
     identify biological or chemical agents.


                  federal payment for family court act

                         (including rescission)

       The conferees rescind $700,000 of funds made available for 
     the Mayor of the District of Columbia. The House and Senate 
     bills contained no similar provision.
       From rescinded funds referenced in the paragraph above, the 
     conferees provide a Federal payment of $700,000 to the Mayor 
     of the District of Columbia Family Court Act. These funds are 
     available for the same purposes and subject to the same 
     reporting and availability requirements that were identified 
     under this heading in the District of Columbia Appropriations 
     Act, 2002. The House and Senate bills contained no similar 
     provision.

                       District of Columbia Funds


                           operating expenses

                          division of expenses

       Language is included under ``District of Columbia Funds'' 
     to allow the District government to obligate and spend the 
     Federal payments appropriated earlier in this chapter to the 
     District government's general fund.


                   governmental direction and support

       The conferees include a provision as proposed by both the 
     House and the Senate that amends language contained in the 
     District of Columbia Appropriations Act, 2002 to allow the 
     funds provided to the Office of the Corporation Counsel to be 
     used to support attorney compensation consistent with 
     performance measures contained in a negotiated collective 
     bargaining agreement.


                       public safety and justice

                              (rescission)

       The conferees rescind $100,000 of the Department of 
     Corrections funds for support of the Corrections Information 
     Council as proposed by the Senate. The House bill contained 
     no similar provision.


                    Corrections Information Council

       From funds rescinded under Public Safety and Justice, the 
     conferees provide $100,000 for

[[Page 13673]]

     operations of the Corrections Information Council as proposed 
     by the Senate. The House bill contained no similar provision.


                        Public Education System

                              (Rescission)

       The conferees rescind $37,000,000 of the Charter School 
     surplus as proposed by both the House and the Senate. This 
     surplus resulted from a lower than projected student 
     enrollment.


                         Human Support Services

       From funds rescinded under the public education system, the 
     conferees provide $11,000,000 for the Child and Family 
     Services Agency and $26,000,000 for the Department of Mental 
     Health, as proposed by both the House and the Senate.


                    Repayment of Loans and Interest

                              (Rescission)

       The conferees rescind $7,950,000 from repayment of loans 
     and interest as proposed by both the House and the Senate.


                     Certificates of Participation

       From funds rescinded under repayment of loans and interest, 
     the conferees provide $7,950,000 to be used for certificates 
     of participation as proposed by both the House and the 
     Senate.


                       Enterprise and Other Funds

                       Water and Sewer Authority

       Language is included to allow the District government to 
     obligate and spend the Federal payments appropriated earlier 
     in this chapter to the District government's general fund.

                    General Provisions, This Chapter

       Sec. 401. Use of Emergency Supplemental Funds for 
     Administrative Costs. The conferees include a provision as 
     proposed by both the House and the Senate that allows the 
     District of Columbia to use up to 1 percent of the funds 
     appropriated to the District of Columbia under the Department 
     of Defense and Emergency Supplemental Appropriations for 
     Recovery from and Response to Terrorist Attacks on the United 
     States Act, 2002 (Public Law 107-117) to fund the 
     administrative costs that are needed to fulfill the purposes 
     of that Act.
       Sec. 402. Crime Victims Compensation Fund. The conferees 
     include a provision as proposed by both the House and the 
     Senate that amends language contained in the District of 
     Columbia Appropriations Act, 2002 to clarify that the D.C. 
     Courts are allowed to transfer 50 percent of the fund balance 
     from the Crime Victims Compensation Fund to the District's 
     newly established Crime Victims Fund for outreach activities.
       The Mayor of the District of Columbia shall expend these 
     funds in accordance with the plan to provide crime victims 
     assistance, required in Section 403 of the Consolidated 
     Appropriations Act (P.L. 106-554; 114 Stat. 2763A-188) and 
     submitted to Congress on September 21, 2001. In addition, the 
     Chief Financial Officer of the District of Columbia shall 
     certify expenditures of these funds in accordance with the 
     requirements set forth in the fiscal year 2002 District of 
     Columbia Appropriations Act Conference Report (House Report 
     107-321).
       Sec. 403. Reserve Fund. The conferees include a provision 
     as proposed by both the House and the Senate that allows any 
     funds not required to meet the seven percent cash reserve 
     balance to be used to address potential deficits in addition 
     to Pay-As-You-Go Capital Funds.
       Sec. 404. Washington Metropolitan Area Transit Authority. 
     The conferees include a provision as proposed by the Senate 
     that allows the Washington Metropolitan Area Transit 
     Authority to reprogram up to $2,400,000 from funds 
     appropriated under Public Law 107-117 for protective clothing 
     and breathing apparatus activities to employee and facility 
     security and completion of the fiber optic network project. 
     The House bill contained no similar provision.
       Sec. 405. Transfer Authority for the District of Columbia 
     Courts. The conferees modify a provision proposed by the 
     Senate to allow the District of Columbia Courts to expend up 
     to $3,000,000 to carry out the District of Columbia Family 
     Court Act of 2001. The provision also allows the Family Court 
     Act funds to be used to reimburse the D.C. Courts for these 
     expenditures now that the Family Court Act funds have become 
     available. The House bill contained no similar provision.
       Sec. 406. Technical Correction to the District of Columbia 
     Family Court Act of 2001. The conferees include a provision 
     as proposed by the Senate that makes a technical correction 
     to the District of Columbia Family Court Act of 2001 related 
     to residency requirements of Family Court Act judges. The 
     House bill contained no similar provision.
       Sec. 407. Technical Corrections to the District of Columbia 
     Appropriations Act of 2002. The conferees include a provision 
     as proposed by the Senate that makes two technical 
     corrections in the District of Columbia Appropriations Act, 
     2002 (Public Law 107-96). The House bill contained no similar 
     provision.
       Sec. 408. Administrative Provision. The conferees modify a 
     provision proposed by both the House and the Senate that 
     amends language contained in the District of Columbia 
     Appropriations Act, 2002 (Public Law 107-96) to allow grants 
     to be accepted after 14 calendar days of receipt by the 
     Council of the District of Columbia (barring no written 
     notice of disapproval by a Council member) instead of 
     requiring the Council to pass a law to approve every grant 
     notification submitted for approval. The provision also 
     allows the District to expend other funds if the Chief 
     Financial Officer certifies that the funds are available and 
     are not required to address potential deficits and with prior 
     notification to the Committees on Appropriations of the House 
     of Representatives and Senate of the acceptance, obligation, 
     and expenditure of such funds.
       Sec. 409. Chief Financial Officer. The conferees modify a 
     provision proposed by the Senate that extends the Chief 
     Financial Officer's personnel, procurement, and preparation 
     of fiscal impact statement authorities from June 30, 2002 
     through July 1, 2003. The House bill contained no similar 
     provision.
       Insurance Procurement. The conferees do not include a 
     provision as proposed by the Senate to allow the government 
     of the District of Columbia to procure insurance for property 
     damage and tort liability. The House bill contained no 
     similar provision. The District of Columbia received a 
     favorable decision from the General Accounting Office on June 
     3, 2002 regarding the purchase of commercial insurance 
     against catastrophic risks; therefore this language is no 
     longer needed.

                               CHAPTER 5

                      DEPARTMENT OF DEFENSE--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil


                   Operation and Maintenance, General

       The conference agreement includes a total of $140,200,000 
     for Operation and Maintenance, General.
       Of the total, $108,200,000 is for emergency expenses at 
     Corps of Engineers projects and facilities. The entire amount 
     has been designated by the Congress 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 availability of these funds is contingent on receipt of a 
     budget request from the President designating the requested 
     funds as an emergency requirement pursuant to the Balanced 
     Budget and Emergency Deficit Control Act of 1985, as amended.
       In addition, the conference agreement includes language 
     which would permit these funds and funds appropriated under 
     Public Law 107-117 to be used at any facility owned or 
     operated by, or on behalf of, the Corps of Engineers, 
     including administrative buildings and facilities.
       The conference agreement also includes $32,000,000 for 
     repair, restoration and clean-up of Corps projects and 
     facilities, dredging of navigation channels, restoration and 
     clean out of area streams, emergency streambank protection, 
     restoration of other crucial public infrastructure, 
     documenting flood impacts, and undertaking other flood 
     recovery efforts deemed necessary and advisable by the Chief 
     of Engineers. Of the total, $10,000,000 is for Southern West 
     Virginia, Eastern Kentucky, and Southwestern Virginia; and 
     $22,0000,000 is for Western Illinois, Southern Indiana, 
     Eastern Missouri,and the Upper Peninsula of Michigan.

                       DEPARTMENT OF THE INTERIOR

                         Bureau of Reclamation


                      Water and Related Resources

       The conference agreement includes $7,000,000 for the Water 
     and Related Resources account of the Bureau of Reclamation Of 
     the total, $3,000,000 is for the drilling of emergency wells 
     in Santa Fe, New Mexico, and $4,000,000 is for the lease of 
     up to 38,000 acre-feet of emergency water for the Rio Grande 
     in New Mexico in compliance with the existing biological 
     opinion. Section 504 of the Senate bill included $3,000,000 
     for the drilling of emergency wells in Santa Fe.

                          DEPARTMENT OF ENERGY

                            Energy Programs


                                Science

       The conference agreement provides $24,000,000 for Science 
     to enhance safeguards and security of nuclear and other 
     materials at Department of Energy Science laboratories 
     instead of $29,000,000 as proposed by the House and no 
     funding as proposed by the Senate. These funds are available 
     for obligation through September 30, 2002.
       The availability of these funds is contingent upon receipt 
     of a budget request from the President designating the fund 
     as an emergency requirement pursuant to the Balanced Budget 
     and Emergency Deficit Control Act of 1985.

                    ATOMIC ENERGY DEFENSE ACTIVITIES

                National Nuclear Security Administration


                           Weapons Activities

                         (Including Rescission)

       The conference agreement provides $158,050,000 for Weapons 
     Activities instead of $125,400,000 as proposed by the House 
     and $181,650,000 as proposed by the Senate. These funds are 
     available for obligation through September 30, 2002.
       The recommendation includes $19,400,000 for nuclear weapons 
     incident response and emergency response activities as 
     requested by the Administration.

[[Page 13674]]

       Additional funding of $18,000,000 has been provided for 
     secure transportation of nuclear weapons and materials.
       For counter-terrorism activities and preparedness, 
     $33,500,000 has been provided for operation and/or 
     construction activities on various projects at the National 
     Center for Combating Terrorism.
       Safeguards and security.--Additional funding of $87,150,000 
     has been provided for increased safeguards and security needs 
     at the Department's nuclear weapons facilities. Despite the 
     lack of a request from the Administration for these 
     activities, the conference agreement has provided funding for 
     explosive detection equipment, protective force support, 
     hardened perimeter barriers, consolidation of special nuclear 
     materials, and complex-wide security improvements. Of these 
     funds, $25,000,000 is provided for cyber-security activities.
       Of the additional funding provided for increased safeguards 
     and security needs, a minimum of $12,600,000 is provided for 
     the Pantex Plant in Texas and $25,100,000 for the Y-12 Plant 
     in Tennessee.
       The conferees direct that the funding provided for 
     safeguards and security be used only for its stated purpose 
     and not as an indirect source for other site services or 
     activities, especially those unrelated to safeguards and 
     security.
       Funding of $19,400,000 has been designated by the President 
     as an emergency requirement. The availability of the 
     remaining $138,650,000 is contingent upon receipt of a budget 
     request from the President designating the funds as an 
     emergency requirement pursuant to the Balanced Budget and 
     Emergency Deficit Control Act of 1985.


                              (rescission)

       The conference agreement includes a rescission of 
     $14,460,000 of funds appropriated to the National Nuclear 
     Security Administration (not including the nuclear 
     nonproliferation and naval reactors programs) in Public Law 
     107-66 and prior Energy and Water Development Appropriations 
     Acts.


                    defense nuclear nonproliferation

       The conference agreement includes $100,000,000 for Defense 
     Nuclear Nonproliferation as proposed by the Senate instead of 
     $5,000,000 as proposed by the House. The funds are available 
     for obligation through December 31, 2002.
       Funding of $35,000,000 is provided for nonproliferation and 
     verification and development to develop sensors and other 
     technologies to prevent nuclear and other deadly materials 
     from entering this country, detect these substances elsewhere 
     in the nation, and enhance preparedness in the event of an 
     attack. Of these funds, not less than $20,000,000 is provided 
     to accelerate and expand the nuclear and radiological 
     national security program.
       Funding of $30,000,000 is provided for the International 
     Materials Protection, Control and Accounting program to plan 
     and initiate nuclear materials protection and control 
     activities in countries other than the former Soviet Union 
     and to accelerate current programs in Russia.
       Funding of $15,000,000 is provided for the Arms Control 
     program. Of this amount, $6,000,000 is to implement the U.S.-
     DPRK Agreed Framework; $4,000,000 is for additional 
     International Atomic Energy Agency (IAEA) safeguards and 
     nonproliferation support for specific countries under 
     safeguards; and $5,000,000 is for nuclear materials security 
     programs in IAEA member countries.
       Elimination of Weapons-Grade Plutonium Production.--Funding 
     of $10,000,000 is provided to accelerate the transfer of the 
     Elimination of Weapons-Grade Plutonium Production in Russia 
     program to the Department of Energy from the Department of 
     Defense by the Administration for fiscal year 2003. The total 
     estimated cost of this program is almost $500,000,000, and 
     the current completion date of 2006 may be difficult to 
     achieve.
       The conferees note that this is a very complicated program 
     to implement, involving substantial contributions by and 
     coordination with the Russian Government. Accordingly, the 
     conferees direct the Administrator of NNSA to require the 
     application of the Department's established directives or 
     project management, to include acquisition planning, 
     alternative analysis, and critical decision approvals of 
     these products at the level prescribed by the Department's 
     directives, before expenditure of funds appropriated for this 
     program can begin.
       The conferees are aware that the Department allowed its 
     contractor to initiate program activities in advance of 
     receiving funds for this program. None of the funds provided 
     in this Act may be used to repay expenses incurred by the 
     Department or its contractors for activities conducted prior 
     to enactment of this Act.
       Return of Domestic Sealed Sources.--The conference 
     agreement provides $10,000,000 to accelerate the recovery of 
     excess radioactive materials in the United States through the 
     Department's Offsite Source Recovery program. With this 
     funding, it should be possible to compress the recovery 
     schedule to 18 months for over 5000 excess sealed sources. 
     The conferees direct the Secretary to submit to the House and 
     Senate Committees on Appropriations by October 31, 2002, a 
     program plan detailing the activities, with costs, schedules 
     and deliverables, to be accomplished in this program.

                      Office of the Administrator

       The conference agreement provides $1,750,000 for the Office 
     of the Administrator as proposed by the Senate instead of no 
     funding as proposed by the House. The funds are available for 
     obligation through September 30, 2002.
       The availability of these funds is contingent upon receipt 
     request from the President designating the funds as an 
     emergency requirement pursuant to the Balanced Budget and 
     Emergency Deficit Control Act of 1985.

               Environmental and Other Defense Activities

         Defense Environmental Restoration and Waste Management


                         (including rescission)

       The conference agreement provides $56,000,000 for Defense 
     Environmental Restoration and Waste Management to enhance 
     safeguards and security at several Department of Energy 
     environmental management cleanup sites instead of $67,000,000 
     as proposed by the House and $40,000,000 as proposed by the 
     Senate. These funds are available for obligation through 
     September 30, 2000.
       The following sites should be provided priority in the 
     distribution of this additional funding: the Savannah River 
     Site in South Carolina, the Hanford site in Richland, 
     Washington; the Idaho site; and the Oak Ridge site in 
     Tennessee.
       The availability of these funds is contingent upon receipt 
     of a budget request from the President designating funds as 
     an emergency requirement pursuant to the Balanced Budget and 
     Emergency Deficit Control Act of 1985.


                              (rescission)

       The conference agreement includes a rescission of 
     $15,540,000 of funds appropriated for Defense Environmental 
     Restoration and Waste Management activities in Public Law 
     107-66 and prior Energy and Water Development Appropriation 
     Acts.


                  defense facilities closure projects

       The conference agreement provides $14,000,000 for Defense 
     Facilities Closure Projects to enhance safeguards and 
     security at several closure sites instead of $16,600,000 as 
     proposed by the House and no funding as proposed by the 
     Senate. These funds are available for obligation through 
     September 30, 2002.
       The availability of these funds is contingent upon receipt 
     of a budget request from the President designating funds as 
     an emergency requirement pursuant to the Balanced Budget and 
     Emergency Deficit Control Act of 1985.


                        other defense activities

       The conference agreement provides $7,000,000 for Other 
     Defense Activities for critical energy security and assurance 
     activities as proposed by the House and the Senate and the 
     same as the budget request. These funds are available for 
     obligation through September 30, 2002.
       The entire amount has been designated by the President as 
     an emergency requirement pursuant to the Balanced Budget and 
     Emergency Deficit Control Act of 1985.

                    General Provisions--This Chapter

       Sec. 501. The conference agreement includes a provision 
     proposed by the Senate regarding a biomass project in Winona, 
     Mississippi.
       Sec. 502. The conference agreement includes a provision 
     proposed by the Senate requiring the Secretary of Energy to 
     award a contract for two depleted uranium hexafluoride 
     facilities.
       Provisions not adopted.--The conference recommendation 
     modifies a provision proposed by the Senate to rescind 
     $30,000,000 from various Department of Energy accounts. The 
     conference agreement provides alternative funding sources for 
     this rescission.
       The conference recommendation does not include a provision 
     proposed by the Senate providing $3,000,000 for the Bureau of 
     Reclamation to drill five wells in New Mexico. Funding for 
     this activity has been included in the Bureau of Reclamation, 
     Water and Related Resources appropriation account.

                               CHAPTER 6


                      reporting and notifications

       The managers direct the Administration to submit a 
     financial plan to the Committees on Appropriations regarding 
     the use of funds appropriated in this chapter within 30 days 
     of the enactment of this Act. Further, the managers direct 
     the Department of State and the United States Agency for 
     International Development to implement programs, projects and 
     activities recommended in this chapter consistent with the 
     budget justification material submitted to the Congress, as 
     modified by the conference agreement. Any proposed changes in 
     funding for programs, projects, and activities shall be 
     reported to the Committees on Appropriations in conformance 
     with regular notification procedures.


                         emergency designations

       The conference agreement includes an emergency designation 
     pursuant to the Balanced Budget and Emergency Deficit Control 
     Act of 1985, as amended, for each of the appropriations 
     paragraphs recommended in this chapter. Appropriations that 
     exceed the President's request include a requirement for

[[Page 13675]]

     an emergency designation by the President for the amount of 
     the appropriation that differs from the request. The 
     requirement for a Presidential designation of emergency 
     spending applies to all funds appropriated under headings for 
     which there is no official budget request.

                     BILATERAL ECONOMIC ASSISTANCE

                  Funds Appropriated to the President

           United States Agency for International Development


                child survival and health programs fund

       The conference agreement appropriates, subject to the 
     regular notification procedures of the Committee on 
     Appropriations, $200,000,000 to remain available until June 
     30, 2003, for emergency expenses for activities related to 
     combating AIDS, tuberculosis, and malaria. Additional 
     assistance to be provided for mother-to-child transmission of 
     HIV/AIDS and for maternal health and other assistance to 
     communities significantly affected by HIV/AIDS.
       The conference agreement provides that not less than 
     $100,000,000 under this heading in this Act should be made 
     available for the Global Fund to Fight AIDS, Tuberculosis, 
     and Malaria (Global Fund). Language similar to the House bill 
     also provides that the cumulative amount of funds made 
     available in this or prior Acts under this heading and under 
     the heading ``Child Survival and Disease Programs Fund'' for 
     the Global Fund may not exceed the total resources provided 
     by all donors to the Global Fund for calendar year 2002.
       In addition, the entire amount is designated by the 
     Congress as an emergency requirement pursuant to section 
     251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended, and shall be available only 
     to the extent an official budget request that includes 
     designations of the entire amount of the request as an 
     emergency requirement as defined in said Act is transmitted 
     by the President to the Congress.


                   international disaster assistance

       The conference agreement appropriates $184,000,000, instead 
     of $190,000,000 as proposed by the House and $150,000,000 as 
     proposed by the Senate. These funds include up to 
     $134,000,000 for activities in Afghanistan, including repairs 
     of houses damaged during military operations, and $50,000,000 
     for activities in the West Bank and Gaza. Funds are available 
     for obligation until September 30l 2003, as proposed by the 
     House instead of March 31, 2003, as proposed by the Senate.
       The managers note that while the situation of women in 
     Afghanistan has improved since the Taliban era, serious 
     obstacles, including illiteracy, joblessness, violence 
     against women, lack of access to health care, and lack of 
     clearly defined rights continue to hinder the progress of 
     Afghan women. The managers understand the difficulties 
     inherent in implementing assistance programs in Afghanistan 
     but are nonetheless concerned about the slow pace and 
     relatively small amount of assistance devoted specifically to 
     improving the lives and opportunities of Afghan women. The 
     Afghan Ministry of Women's Affairs is uniquely positioned to 
     become the primary center of capacity to carry out women-
     focused development in Afghanistan, and the managers commend 
     USAID for the support it has given to the Ministry thus far. 
     The managers strongly recommend that not less than $2,500,000 
     from this account be provided to enable the Ministry to 
     establish multi-service women's centers throughout 
     Afghanistan for the purpose of implementing programs to 
     improve women's and girl's health and expand economic 
     opportunities through vocational and literacy training.
       The conference agreement includes $50,000,000 for 
     humanitarian assistance for the West Bank and Gaza, which 
     must be designated by the President as emergency spending. 
     The House bill and the Senate amendment included similar 
     provisions, except that the House bill would have 
     appropriated these funds under ``Economic Support Fund'' and 
     transferred them to ``International Disaster Assistance''. In 
     addition, the conference agreement includes language that 
     prohibits the obligation or expenditure of funds to the 
     Palestinian Authority. The managers direct that all funds 
     appropriated under this heading in the Act for the West Bank 
     and Gaza shall be made available for humanitarian assistance 
     only through nongovernmental organizations.


   operating expenses of the united states agency for international 
                              development

       The conference agreement appropriates $7,000,000 as 
     proposed by the House instead of $5,000,000 as proposed by 
     the Senate. These funds would be used to implement programs 
     recommended elsewhere in this chapter, and for security costs 
     in Afghanistan and Pakistan.
       An additional $6,000,000 for operating expenses is 
     available by transfer from funds appropriated under the 
     heading ``Child Survival and Health Programs Fund'' for the 
     management and oversight of programs funded under this 
     heading in this Act and in P.L. 107-115.
       The managers are concerned that insufficient consideration 
     has been given to the provision of interim secure housing and 
     office facilities for the staff who will manage programs in 
     Afghanistan that are funded in this and prior appropriations 
     Acts. Not less than five days prior to the transmittal of the 
     report on Afghanistan security required under section 603 of 
     the Act, the Under Secretary of State for Management and the 
     Administrator of the United States Agency for International 
     Development are to consult with the Committees regarding the 
     Department's plans for interim and permanent facilities for 
     United States personnel in Kabul, Afghanistan.

                  OTHER BILATERAL ECONOMIC ASSISTANCE


                         economic support fund

       The conference agreement appropriates $665,000,000 instead 
     of $660,000,000 as proposed by the House and $700,000,000 as 
     proposed by the Senate. (The House bill included a total of 
     $710,000,000 in this account, but $50,000,000 of those funds 
     were proposed for transfer to ``International Disaster 
     Assistance'' for the West Bank and Gaza. This issue is 
     addressed under ``International Disaster Assistance''.) Funds 
     may remain available for obligation until June 30, 2003.
       The conference agreement does not include language in the 
     Senate amendment that would have provided that $50,000,000 
     should be made available for the Middle East Economic 
     Initiative (MEEI). The House bill did not address this 
     matter. The managers agree the initiative should receive an 
     allocation of not to exceed $25,000,000. Funding priorities 
     should include education, commercial law reform, trade 
     technical assistance, and civil society and rule of law 
     programs. Within the funds made available for the MEEI, the 
     managers strongly support the funding of additional 
     scholarships for foreign students at American educational 
     institutions in the Middle East, including scholarships for 
     students from central Asia.
       The conference agreement includes $200,000,000 for anti-
     terrorism assistance for Israel as proposed by the House and 
     Senate, which must be designated by the President as 
     emergency spending. It also includes language proposed by the 
     Senate that would authorize the transfer of all or a portion 
     of these funds to ``Nonproliferation, Anti-Terrorism, 
     Demining and Related Programs'' for defensive, non-lethal 
     anti-terrorism assistance. The managers strongly support the 
     expeditious programming of these funds in order to assist the 
     State of Israel in its response to international terrorism.
       The conference agreement includes language similar to that 
     in the Senate amendment that would require that the 
     Committees on Appropriations be informed 15 days prior to the 
     obligation of funds provided under this heading in this Act. 
     The House bill did not address this matter.
       The conference agreement does not include Senate language 
     providing $3,500,000 for programs and activities that provide 
     professional training for journalists from the Middle East. 
     The House bill did not address this matter. The managers 
     recognize the importance of such programs and encourage the 
     United States Agency for International Development and the 
     Department of State to provide up to $1,000,000 for such 
     activities.
       The conference agreement provides that $10,000,000 under 
     this heading should be made available for the establishment 
     of a pilot academic year international youth exchange program 
     for secondary school students from countries with significant 
     Muslim populations, modeled after the Future Leaders Exchange 
     involving students from the former Soviet republics. The 
     Senate amendment had earmarked $20,000,000 for this purpose. 
     The House bill did not address this matter.
       The conference agreement includes language that provides 
     that $1,000,000 should be provided for programs and 
     activities that support the development of independent media 
     in Pakistan. The Senate amendment would have mandated 
     $3,500,000 for such programs and activities. The House bill 
     did not address this matter.


    assistance for the independent states of the former soviet union

       The conference agreement provides that funds shall remain 
     available for obligation until June 30, 2003.
       The conference agreement does not include Senate language 
     not in the House bill that would have limited assistance to 
     certain specified countries.
       The conference agreement does not include Senate language 
     providing that 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. However, it is the manager's 
     understanding based on information provided by the 
     Coordinator of Assistance to Europe and Eurasia that not less 
     than $10,000,000 will be made available for democracy and 
     human rights programs in Central Asia. The managers expect 
     that within 30 days of enactment of this Act, the Coordinator 
     will provide the Committees on Appropriations with a 
     comprehensive report on the democracy and human rights 
     programs and activities to be conducted in Central Asia with 
     funds appropriated by this Act, including a schedule for the 
     obligation and disbursement of funds.
       The managers commend USAID's Central Asia mission for its 
     focus on economic

[[Page 13676]]

     growth, education, and health in Central Asia, and expect 
     that a significant amount of the additional resources 
     provided in this Act will be allocated to these sectors. 
     Because of the special needs in the region, emphasis should 
     be placed on microcredit and clean water programs.
       The conference agreement includes language similar to that 
     in the Senate amendment that would require that the 
     Committees on Appropriations be informed 15 days prior to the 
     obligation of funds provided under this heading in this Act. 
     The House bill did not address this matter.

                          DEPARTMENT OF STATE

          International Narcotics Control and Law Enforcement

       The conference agreement appropriates $117,000,000 instead 
     of $120,000,000 as proposed by the House and $104,000,000 as 
     proposed by the Senate. These funds would remain available 
     for obligation until September 30, 2003, as proposed by the 
     House instead of March 31, 2003, as proposed by the Senate.
       The conference agreement provides that funds appropriated 
     under the heading ``International Narcotics Control and Law 
     Enforcement'' should be made available to train and equip a 
     Colombian Armed Forces unit dedicated to apprehending the 
     leaders of paramilitary organizations. The language differs 
     slightly from that included in the Senate amendment, which 
     was included under the heading ``Foreign Military 
     Financing''. The House bill did not address this matter.
       The conference agreement does not include Senate language 
     providing $2,500,000 for training, equipment, and other 
     assistance for park rangers for the Colombian National Park 
     Service. However, the managers are aware of Colombia's 
     extraordinary system of national parks and reserves and of 
     the grave threats to these areas posed by coca farmers, 
     illegal loggers, and armed conflict. The managers recognize 
     the substantial environmental and eco-tourism importance of 
     these parks and reserves. The managers intend to provide 
     assistance to the Colombia National Park Service to help 
     protect these areas with funding in fiscal year 2003 from the 
     Andean Counterdrug Initiative.
       The conference agreement includes language similar to that 
     in the Senate amendment that not to exceed $4,000,000 should 
     be available for police training in Indonesia. The House bill 
     did not address this matter.
       The conference agreement includes language similar to that 
     in the Senate amendment that would require that the 
     Committees on Appropriations be informed 15 days prior to the 
     obligation of funds provided under this heading in this Act. 
     The House bill did not address this matter.
       The conference agreement provides that $6,000,000 under 
     this heading may be made available for assistance for the 
     Colombian Armed Forces for purposes of protecting the Cano 
     Limon pipeline. The managers are aware that the majority of 
     people living in Arauca department, where the Cano Limon 
     pipeline is located, remain impoverished despite the 
     extraction of oil worth billions of dollars from that area. 
     The conference agreement provides that prior to the 
     obligation of funds for purposes of protecting the pipeline, 
     the Secretary of State shall submit a report describing oil 
     revenues by the Government of Colombia from the pipeline 
     during the preceding 12 months, amounts expended by the 
     government and private oil companies with a financial 
     interest in the pipeline for programs to improve the lives of 
     the people in Arauca, steps being taken to increase and 
     expand such programs, and mechanisms being established to 
     monitor such funds. The contents of the report will be 
     considered by the Committees on Appropriations in connection 
     with the fiscal year 2003 budget.


                    migration and refugee assistance

       The conference agreement appropriates $40,000,000 instead 
     of $10,000,000 as proposed by the House and $50,000,000 as 
     proposed by the Senate. The conference agreement provides 
     that funds shall remain available for obligation until June 
     30, 2003 instead of September 30, 2003 as proposed by the 
     House and March 31, 2003 as proposed by the Senate.
       The managers recognize the troubling situation facing many 
     internally displaced persons (IDPs) in Colombia. It is the 
     manager's understanding that the number of IDPs is 
     multiplying as the civilian population bears much of the 
     burden of the civil strife. Therefore the managers recommend 
     that of the funds appropriated under this heading or under 
     the heading ``International Narcotics Control and Law 
     Enforcement'' in this chapter, up to $10,000,000 may be made 
     available to the State Department for emergency IDP needs.
       The conference agreement does not include language in the 
     Senate amendment that would subject the funds to the regular 
     notification procedures of the Committees on Appropriations. 
     The House bill did not address this matter.


    NONPROLIFERATION, ANTI-TERRORISM, DEMINING, AND RELATED PROGRAMS

       The conference agreement appropriates $88,000,000 instead 
     of $83,000,000 as proposed by the House and $93,000,000 as 
     proposed by the Senate. These funds would remain available 
     for obligation until September 30, 2003, as proposed by the 
     House instead of March 31, 2003, as proposed by the Senate.
       The conference agreement includes language similar to that 
     in the Senate amendment that provides that not to exceed 
     $12,000,000 should be made available for assistance for 
     Indonesia. However, it does not include Senate language 
     relating to the purposes of the funds or language that would 
     have prohibited funds for assistance for members of 
     ``Brimob'' Mobile Police Brigade units. This language has not 
     been included since the Department of State has assured the 
     managers that no funds will be provided for assistance for 
     these units, or for Kopassus units of the Indonesian 
     military. The House bill did not address this matter.
       The conference agreement provides that up to $1,000,000 may 
     be made available for the Nonproliferation and Disarmament 
     Fund (NDF). The Senate amendment would have mandated this 
     level of funding. The House bill did not address this matter.
       The conference agreement provides that up to $1,000,000 may 
     be made available for small arms and light weapons 
     destruction in Afghanistan. The Senate amendment would have 
     mandated $2,000,000 for this activity. The House did not 
     address this matter.
       The conference agreement does not include Senate language 
     not in the House bill that would have required the allocation 
     of not less than $10,000,000 for humanitarian demining 
     activities. However, the managers strongly support 
     humanitarian demining and direct that not less than 
     $4,000,000 be allocated for these activities.
       The conference report includes Senate language requiring 
     that funds provided under this heading in this Act shall be 
     subject to the regular notification procedures of the 
     Committee on Appropriations. The House bill did not address 
     this matter.
       The managers request that prior to the obligation of funds 
     for Antiterrorism Assistance Mobile Emergency Training Teams, 
     the Department of State inform the Committees on 
     Appropriations of the amount of such funds that would be made 
     available for administrative costs. In addition, the managers 
     request a report from the Department of State within 60 days 
     of enactment of this Act on the degree to which the Terrorist 
     Interdiction Program (TIP) cooperates with other agencies of 
     the United States Government to ensure there is no 
     duplication of effort. The report should specify the current 
     and projected resource levels for programs in all agencies 
     that have complementary programs. A classified annex to the 
     report should be provided if deemed necessary.

                          MILITARY ASSISTANCE

                  Funds Appropriated to the President


                   foreign military financing program

       The conference agreement appropriates $387,000,000 instead 
     of $366,500,000 as proposed by the House and $347,500,000 as 
     proposed by the Senate. Funds may remain available for 
     obligation until June 30, 2003. In addition, the conference 
     agreement includes House language to provide the Department 
     of Defense with the authority to use $2,000,000 requested by 
     the President for the general costs of administering overseas 
     military assistance programs. The Senate amendment did not 
     address this matter.
       The managers direct that a total of $55,000,000 shall be 
     made available for assistance for the Philippines, an 
     increase of $30,000,000 above the budget request. The 
     increase must be designated by the President as an emergency.
       The conference agreement does not include Senate language 
     not in the House bill that would have limited assistance to 
     certain specified countries.
       The conference agreement includes language similar to that 
     in the Senate amendment that would require that the 
     Committees on Appropriations be informed 15 days prior to the 
     obligation of funds provided under this heading in this Act. 
     The House bill did not address this matter.
       The conference agreement does not include Senate language 
     exempting only Afghanistan from the provisions of section 512 
     of the Foreign Assistance Act or any similar provision of 
     law. All funds appropriated under this heading would be 
     exempt from this provision of law, as proposed by the House.
       The conference agreement includes language similar to that 
     in the Senate amendment that provides that funds in this Act 
     may be made available for the Government of Uzbekistan if the 
     Secretary of State determines and reports to the Committees 
     on Appropriations that the Government of Uzbekistan is making 
     substantial and continuing progress in meeting its 
     commitments under the ``Declaration on the Strategic 
     Partnership and Cooperation Framework Between the Republic of 
     Uzbekistan and the United States of America''. The House did 
     not address this matter.
       Funds requested for assistance for Colombia for protection 
     of the Cano Limon pipeline are included under the heading 
     ``International Narcotics Control and Law Enforcement''.


                        peacekeeping operations

       The conference agreement provides that funds appropriated 
     under this heading may be available for obligation until June 
     30, 2003. In addition, the conference agreement includes 
     Senate language not in the House bill that limits the 
     assistance provided in this paragraph to Afghanistan.

[[Page 13677]]




                              rescissions

       The conference agreement includes a rescission of 
     $60,000,000 from funds appropriated to carry out the 
     provisions of parts I and II of the Foreign Assistance Act of 
     1961, the Support for East European Democracy (SEED) Act of 
     1989, and the FREEDOM Support Act, in title II of the Foreign 
     Operations, Export Financing, and Related Programs 
     Appropriations Act, 2000 (as contained in Public Law 106-113) 
     and in prior Acts making appropriations for foreign 
     operations, export financing, and related programs. Of these 
     funds, not more than a total of $25,000,000 may be rescinded 
     from funds appropriated under the heading ``Development 
     Assistance.'' In addition, no rescission may be made from 
     funds appropriated for health and disease programs pursuant 
     to section 104(c) of the Foreign Assistance Act of 1961. It 
     is the intention of the managers that no rescission be 
     derived from activities earmarked or subject to minimum 
     funding levels.
       The House bill would have rescinded $60,000,000 from funds 
     appropriated to ``Development Assistance'' and ``Economic 
     Support Fund''. The Senate bill would have rescinded 
     $25,000,000 from funds appropriated to ``Economic Support 
     Fund.'' This rescission was addressed in section 604 of the 
     Senate amendment.
       The conference agreement also contains Senate language 
     requiring a rescission of $50,000,000 from funds under the 
     heading ``Export-Import Bank of the United States'' that are 
     available for tied-aid grants. The House bill did not address 
     this matter. This rescission was addressed in section 604 of 
     the Senate amendment.
       The conference agreement also contains Senate language 
     requiring a rescission of unobligated balances totaling 
     $159,000,000 from certain funds available to International 
     Financial Institutions. The House bill contained the same 
     rescission, with certain technical differences.

                    GENERAL PROVISIONS--THIS CHAPTER

       Under section 601, the conference report includes language 
     that provides that fiscal year 2002 funds, unexpired 
     balances, and assistance provided from prior years' Acts 
     shall be available to support a unified campaign against 
     narcotics trafficking and designated terrorist organizations, 
     and to take actions to protect human health and welfare.
       The new authorities provided are intended to be used 
     against terrorist organizations identified by the State 
     Department. However, the managers recognize that in certain 
     emergency situation, such as kidnappings, the use of United 
     States assets may be required to protect human health and 
     welfare before the affiliation of the perpetrators has been 
     determined. The managers expect this authority will be 
     continued in fiscal year 2003 unless the new government of 
     Colombia fails to make good faith efforts to fulfill the 
     commitments made in subsections (b) and (c). The managers 
     also intended these authorities to continue to be in effect 
     in the event a continuing resolution is necessary for a 
     portion of fiscal year 2003.
       The conference report requires the Secretary of State to 
     report that the newly elected President of Colombia has made 
     several commitments, in writing, regarding policies, 
     budgetary reforms, and the allocation of Colombian financial 
     resources. The managers expect the Secretary to provide 
     copies of these written commitments to the Committees on 
     Appropriations.
       Although section 603 of the House bill requiring a report 
     on Andean security strategy is not included in the conference 
     report, the managers are concerned that the Administration 
     has inadequately articulated clear objectives of U.S. policy 
     in Colombia, what actions would be required, and what it 
     would cost to achieve those objectives. Therefore, the 
     managers direct that within 90 days of enactment of this Act, 
     the Secretary of State, in consultation with the Secretary of 
     Defense, submit a report to the Committees on Appropriations, 
     describing in detail--(1) the President's policy toward 
     Colombia; the objectives of that policy; the actions required 
     by and the expected financial costs to the United States, 
     Colombia, and any other country or entity to achieve those 
     objectives; and the expected time schedule for achieving 
     those objectives; (2) specific benchmarks for measuring 
     progress toward achieving the objectives of the President's 
     policy; (3) the expected reduction, if any, in the amount of 
     cocaine and heroin entering the United States as a result of 
     the President's Andean Counterdrug Initiative within the 
     expected time schedule; and (4) the mission and objectives of 
     United States Armed Forces personnel and civilian contractors 
     employed by the United States in connection with such 
     assistance, and the threats to their safety in Colombia.
       Under section 603, the conference agreement includes a 
     general provision similar to section 606 of the Senate 
     amendment regarding Afghanistan security and the delivery of 
     assistance. The conference agreement requires the President 
     to transmit two reports, the first on immediate security 
     needs, and the second on long-term security needs.
       The conference agreement does not include Senate language 
     that would have earmarked $34,000,000 for the United Nations 
     Population Fund (UNFPA). The managers note that $34,000,000 
     was provided for this purpose in P.L. 107-115, and are 
     concerned that the funds have not yet been made available for 
     obligation. The managers note that a Presidential 
     determination regarding UNFPA activities in China, together 
     with the accompanying State Department report on its 
     investigation of those activities in China, has not been made 
     or transmitted to Congress, contrary to written assurances by 
     the Director of the Office of Management and Budget.

                               CHAPTER 7

                       DEPARTMENT OF THE INTERIOR

                       Bureau of Land Management


                   management of lands and resources

       The conference agreement provides $658,000 for Management 
     of Lands and Resources as proposed by the House. The Senate 
     had proposed funding the repayment of Bureau law enforcement 
     costs under Departmental Management.

                United States Fish and Wildlife Service


                          resource management

       The conference agreement provides $1,038,000 for Resource 
     Management, instead of $1,443,000 as proposed by the House 
     and $412,000 as proposed by the Senate. The amount 
     recommended includes the $1,412,00 for continuity of 
     operations as proposed by both the Houses and Senate and 
     $626,000 for the repayment of law enforcement costs. The 
     Senate had proposed funding the repayment of service law 
     enforcement costs under Departmental Management.


                              construction

       The conference agreement provides $3,125,000 for 
     construction as proposed by the Senate instead of no funding 
     as proposed by the House.

                         National Park Service


                 operation of the national park system

       The conference agreement provides $1,173,000 for Operation 
     of the National Park System as proposed by the House. The 
     Senate had proposed funding the repayment of Service law 
     enforcement costs under Departmental Management.


                              construction

       The conference agreement provides $17,651,000 for 
     Construction as proposed by the Senate instead of $25,700,000 
     as proposed by the House.

                    United States Geological Survey


                 surveys, investigations, and research

       The conference agreement provides $26,000,000 as proposed 
     by the House and $25,700,000 as proposed by the Senate. The 
     conference agreement conforms to the Senate recommendation 
     except the $776,000 for an improved backup power system is 
     not included.

                        Bureau of Indian Affairs


                      operation of indian programs

                    (including rescission of funds)

       The conference agreement provides $134,000 for the 
     Operation of Indian Programs as proposed by the House. The 
     Senate had proposed funding the repayment of Bureau law 
     enforcement costs under Departmental Management. The 
     conference agreement also rescinds $10,000,000 in excess 
     funds from the San Carlos Irrigation project as proposed by 
     the Senate instead of a rescission of $5,000,000 as proposed 
     by the House. The conference agreement also includes language 
     as proposed by the House redirecting excess funds (after the 
     rescission) from the San Carlos Irrigation Project for trust 
     reform costs related to the ongoing Cobell and other 
     litigation related to management of Indian trust funds.

                          Departmental Offices

                        Departmental Management


                         salaries and expenses

       The conference agreement provides $905,000 for Salaries and 
     Expenses as proposed by the House instead of $7,030,000 as 
     proposed by the Senate.

                       DEPARTMENT OF AGRICULTURE

                            Forest Services


                        wildland fire management

       The conference agreement provides $50,000,000 as an 
     emergency contingent appropriation for Wildland Fire 
     Management instead of no funds as proposed by both the House 
     and the Senate


                  Capital Improvement and Maintenance

       The conference agreement provides $3,500,000 for Capital 
     Improvement and Maintenance as proposed by the Senate instead 
     of no funding as proposed by the House.

                             RELATED AGENCY

                        Smithsonian Institution


                         salaries and expenses

       The conference agreement provides $10,000,000 for Salaries 
     and Expenses instead of $11,000,000 as proposed by the House 
     and no funding as proposed by the Senate.


                              construction

       The conference agreement provides $2,000,000 for 
     Construction as proposed by both the House and the Senate.

                    GENERAL PROVISIONS, THIS CHAPTER

       Section 701 retains the text of House section 701 mandating 
     the release of previously appropriated emergency firefighting 
     funds to the Forest Service.

[[Page 13678]]

       Section 702 retains the text of House section 702 providing 
     that no funds, except funds appropriated to the Office of 
     Management and Budget, can be spend to study the transfer of 
     research functions from the Smithsonian Institution to the 
     National Science Foundation.
       Section 703 modifies the text of House section 703 dealing 
     with the collection and retention of fees at Midway Atoll 
     National Wildlife Refuge. The modification allows the 
     Secretary of the Interior to charge reasonable fees for 
     services provided at Midway Atoll National Wildlife Refuge, 
     including fuel sale, and retain those fees for operation and 
     maintenance of infrastructure and staff required for non-
     refuge specific needs, including, but not limited to, 
     activities and equipment required for airport operating 
     certification and the purchase of fuel. The Fish and Wildlife 
     Service currently has an airport operating certificate as 
     provided in 49 U.S.C. 44706. The Service should continue to 
     maintain certification and recoup costs from organizations 
     that directly benefit from airfield certification, as well as 
     charging fees for services. The Service also should establish 
     cooperative agreements to facilitate continued airfield 
     operations.
       Section 704 retains the text of Senate section 701 
     providing authority to the MMS to recover transportation and 
     administrative costs associated with filling the Strategic 
     Petroleum Reserve.
       Section 705 makes a technical modification to the text of 
     House section 704 dealing with reciprocal authority for 
     treatment of foreign and U.S. firefighters. The Senate 
     addressed this issue in section 702. The balance of Senate 
     section 702, dealing with the Black Hills National Forest, is 
     addressed in section 706.
       Section 706 replaces the text of Senate section 702 dealing 
     with the Black Hills National Forest. The managers have 
     agreed to bill language, which allows the Forest Service to 
     undertake actions to address promptly the risk of fire and 
     insect infestation in the Black Hills National Forest, SD. IN 
     addition, the language designates a small addition to the 
     existing lack Elk Wilderness area on the forest.
       The conference agreement does not include language proposed 
     by the House in section 705 prohibiting the Department of 
     Defense from being held responsible for civilian water 
     consumption that is outside the boundaries of a military 
     installation and beyond the direct authority and control of 
     the Secretary of Defense for purposes of the Endangered 
     Species Act.

                               CHAPTER 8

                          DEPARTMENT OF LABOR

                 Employment and Training Administration


                    training and employment services

       The conference agreement deletes funding provided in both 
     bills for Training and Employment Services. The House bill 
     had provided $300,000,000 and the Senate bill provided 
     $400,000,000. The conferees have decided that these funds 
     should be considered during the regular fiscal year 2003 
     appropriations process.
       The conferees understand that the Department is cutting its 
     support for capacity building efforts of national community 
     based organizations. The conferees urge the Department to 
     reconsider its support for these organizations in this fiscal 
     year. Heretofore, the Committee have provided considerable 
     latitude to the Department in the allocation of capacity 
     building funds. However, this may need to be reconsidered in 
     the fiscal year 2003 appropriations process.
       The conferees note that young adults, age 16 to 24 have 
     been disproportionately affected by the decline in total 
     employment over the past year. Therefore, the conferees 
     strongly urge that special attention be given to the 
     employment needs of young adult dislocated workers in 
     utilizing available funds for dislocated worker assistance.
       The conferees were pleased to learn from the Secretary that 
     the Administration has established an interagency effort to 
     address our nation's nursing shortage. The shortage is 
     especially critical in rural America and within various 
     ethnic minority populations. The Department is strongly urged 
     to work with nursing programs that work with these affected 
     populations and, in particular, to ensure that summer 
     employment opportunities exist for nursing students.
       The conferees concur with language contained in the Senate 
     report directing the Department to award a grant for the New 
     Mexico Telecommunications Call Center Training Consortium.

            COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS

       The conferees direct the Department of Labor to implement 
     the grantee responsibility tests under Section 514(d) of the 
     Older Americans Act and to conduct a grant competition for 
     only those Title V funds administered by national grantees 
     that fail to be deemed responsible. The conferees further 
     direct the Department to implement corrective action, as set 
     forth in Section 514(e) of the Older Americans Act, for any 
     national grantee failing to meet established performance 
     measures. The conferees expect the Department to also 
     implement performance measures and competition for states as 
     authorized under Section 514(f) of the Act.

                  PENSION BENEFIT GUARANTY CORPORATION

       The conferees express deep concern regarding actions taken 
     by the Pension Benefit Guaranty Corporation (PBGC) on June 
     14, 2002 to terminate pension plans in advance of a plant 
     shutdown in order to avoid paying ``shutdown'' benefits that 
     had been negotiated between a company and its workers. This 
     policy shift was made without advance notice to the parties 
     involved. Furthermore, this policy adjustment is a 
     significant change in the practice that the PBGC had engaged 
     in over the past eight years. The action taken by the PBGC 
     will result in disparate treatment of workers in similar 
     situations, with workers in a plant that shutdown prior to 
     June 14, 2002 receiving ``shutdown'' benefit and workers in a 
     plant that shutdown after June 14, 2002 not receiving 
     ``shutdown'' benefits. The conferees strongly urge the PBGC 
     to reconsider its action to terminate several pension plans 
     on June 14, 2002.

             Occupational Safety and Health Administration


                         salaries and expenses

       The conference agreement includes a provision proposed by 
     the Senate to direct the allocation of funds within the funds 
     provided in Public Law 107-116 to extend funding for 
     Institutional Competency Building training grants for the 
     period September 30, 2002 through September 30, 2003, but 
     specifies not less than $3,200,000 for this purpose, instead 
     of $4,275,000 as proposed by the Senate. The House bill 
     contains no similar provisions. The conference agreement 
     deletes language proposed by the Senate to restore $1,000,000 
     for Institutional Competency Building training grants which 
     commenced in September 2000, for program activities ending 
     September 30, 2002. It also deletes, without prejudice, 
     language proposed by the Senate specifying that $5,900,000 be 
     used to extend funding for targeted training grants for the 
     period September 30, 2002 through September 30, 2003; this 
     bill language is no longer necessary, since the conferees 
     understand that the Labor Department intends to provide 
     second-year funding to all 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 conference agreement includes bill language proposed by 
     both the House and Senate to revise the funding earmarked for 
     the construction and renovation of health care facilities 
     within the total funding previously appropriated for the 
     account, with one additional bill language provision that 
     changes the grantee for a $4,000,000 project within the 
     Maternal and Child Health grant program from Columbia 
     Hospital for Women Medical Center, Washington, D.C. to All 
     Children's Hospital, St. Petersburg, Florida.
       The conferees make the following modification to the report 
     language in the House and Senate bills. The funds available 
     in Public Law 107-116 to carry out Section 417C of the Public 
     Health Service Act (42 U.S.C. 285a-9) are to be used for 
     grants for education, prevention and early detection of 
     radiogenic cancers and diseases, of which $1,000,000 shall be 
     available to enter into a contract or cooperative agreement 
     with the National Research Council to conduct a study under 
     which the Council shall: (1) provide technical assistance to 
     the Health Resources and Services Administration (HRSA) and 
     its grantees on improving accessibility and quality of 
     medical screening, education and referral services; (2) 
     report to HRSA on the most recent scientific information 
     related to radiation exposure and associated cancers or other 
     diseases, with recommendations for improving services for 
     exposed persons; and (3) review and make recommendations on 
     whether other classes of individuals or additional geographic 
     areas should be covered under the Radiation Exposure 
     Compensation Act (RECA) program. The Council shall provide 
     semi-annual interim reports to HRSA including technical 
     assistance provided, study findings, and recommendations. The 
     final report will be completed and presented by HRSA to 
     Congress by June 30, 2005.
       With respect to the $4,000,000 All Children's Hospital 
     provision, the conferees clarify that the project is to be 
     completed by September 30, 2005.

               Centers for Disease Control and Prevention


                 Disease Control, Research and Training

       The conference agreement provides $1,000,000 in 
     supplemental funds for the Centers for Disease Control and 
     Prevention. This is $314,000,000 below the amount provided by 
     the Senate and the same as provided by the House. Funds are 
     provided as a contingent emergency appropriation.
       The conference agreement includes $1,000,000 to accelerate 
     and expand work related to prion diseases, the same as 
     provided by the House. The Senate bill included no funds for 
     this purpose.
       The conferees concur in language included in the House 
     report concerning the inclusion of all relevant Centers in 
     the development

[[Page 13679]]

     and implementation of the health-tracking network.

                     National Institutes of Health

                         Office of the Director

       The conferees endorse the report language included in the 
     House report recommending that the Director allocate up to 
     $500,000 from the funding provided in this account in Public 
     Law 107-116 for the Foundation for the National Institutes of 
     Health (NIH). The Senate report did not include similar 
     language.


                        Buildings and Facilities

                         (including rescission)

       The conference agreement includes a rescission of 
     $30,000,000, as proposed by the House and Senate, to be taken 
     from the two sources identified in the House and Senate 
     reports. The conference agreement also includes bill language 
     to clarify the original intent of the conferees to provide in 
     Public Law 107-116 $36,600,000 within this account for the 
     John Edward Porter Neuroscience Research Center, as requested 
     by the Administration in justification materials accompanying 
     the budget request. This funding would support both Phase I 
     of the project and the design of Phase II.
       The conference agreement does not include $72,000,000 in 
     emergency funding for NIH campus security enhancements as 
     proposed in the Senate bill. The House bill did not include a 
     similar provision.

               Centers for Medicare and Medicaid Services


                           Program Management

       The conference agreement does not include the provision in 
     the Senate bill specifying $1,000,000 for the Johns Hopkins 
     School of Medicine for a study of chest oscillation therapy 
     for chronic obstructive pulmonary disease. Neither the 
     Administration's request or the House bill included the 
     provision.
       The conferees agree to the House report language regarding 
     the Medicare appeals process established by the Benefits 
     Improvement and Protection Act of 2000 with the following 
     modification. The requested report should address the costs 
     of implementing the appeals process and the Department's 
     plans for that implementation.
       The conferees have been very pleased with the efforts of 
     CMS under its demonstration authority to address the 
     extraordinary adverse health status of Native Hawaiians in 
     Waimanalo, Hawaii. The conferees urge an additional focus 
     upon American Samoan residents in that geographical area 
     utilizing the expertise of the Waimanalo Health Center and 
     its Mauli Ola Program.

                Administration for Children and Families


                children and families services programs

       The conference agreement includes $500,000 for the domestic 
     violence hotline as proposed by the House. The Senate bill 
     contained no similar provision. These funds are provided on 
     an emergency contingent basis.

                        Office of the Secretary


            public health and social services emergency fund

       The Conference agreement includes $90,000,000 within the 
     Public Health and Social Services Emergency Fund for the CDC 
     to support the protection, monitoring and study of the health 
     of emergency services personnel and rescue and recovery 
     personnel exposed to environmental contaminants in the wake 
     of the terrorist attacks of September 11, 2001 at the World 
     Trade Center in New York City. This is the same amount as 
     provided in the Senate bill. The House bill included no 
     similar provision. These funds are provided on an emergency 
     contingent basis.
       The Conferees concur in the guidance included in the Senate 
     report, with the further understanding that activities 
     undertaken are to include clinical examination and evaluation 
     as appropriate. The conferees request an implementation plan 
     to be provided to both Committees within six months of the 
     enactment of this Act, and annual reports thereafter on 
     accomplishments, funds obligated, funds expended, and 
     remaining balances.

                        DEPARTMENT OF EDUCATION


                      school improvement programs

       The conference agreement includes language relating to the 
     expenditure of funds for digital programming in the Ready to 
     Teach program as proposed by the Senate. The House bill 
     contained no similar language.
       The conference agreement includes a technical correction 
     relating to the amounts of funding available for the Fund for 
     the Improvement of Education and the Cooperative Civic 
     Education program as proposed by both the House and the 
     Senate.
  The conference agreement also includes technical corrections to 
various projects.


                      student financial assistance

  The conference agreement includes $1,000,000,000 to help relieve a 
shortfall in the Pell grant program and provides that these funds shall 
be available until September 30, 2003, as proposed by the House. The 
Senate bill provided $1,000,000,000 for the same purpose but designated 
that amount as an emergency.


                            higher education

  The conference agreement includes technical corrections to various 
projects as proposed by the House and the Senate.


            educational research, statistics, and assessment

  The conference agreement includes a technical correction allowing the 
contract for the Eisenhower National Clearinghouse for Mathematics and 
Science Education to be continued for one additional year. The House 
bill contained no similar language.


                           general provisions

       Section 801. The conference agreement includes a permanent 
     change to section 8003 of the Elementary and Secondary 
     Education Act of 1965, as amended, that modifies the number 
     of students required in a portion of the payment formula for 
     heavily impacted districts as proposed by the Senate. The 
     House bill contained no similar provision.
       Section 802. The conference agreement includes a permanent 
     change to section 8003(b)(1) of the Elementary and Secondary 
     Education Act of 1965, as amended, that modifies the 
     provision on determining a school district's local 
     contribution rate as proposed by the Senate. The House bill 
     contained no similar provision.
       Section 803. The conference agreement includes the 
     $45,000,000 rescission in administrative and related expenses 
     in the Department of Labor, Health and Human Services, and 
     Education included in the Senate bill, amended to remove the 
     language requiring that the reduction be done on a pro-rata 
     basis. The House bill contained no similar provision. 
     Specific rescission amounts are to be determined and 
     distributed by the Office of Management and Budget. The 
     conferees direct the Office of Management and Budget to 
     distribute this administrative reduction in such a way that 
     reductions-in-force and furloughs of departmental personnel 
     do not occur.
       Section 804. The conferees have included bill language from 
     the Senate bill identifying the ``National Research Service 
     Awards'' program as the ``Ruth L. Kirschstein National 
     Research Service Awards'' program. This action is being taken 
     to honor the career of Dr. Ruth L. Kirschstein. A native of 
     Brooklyn, New York, Dr. Kirschstein received a B.A. degree 
     magna cum laude in 1947 from Long Island University. In 1951, 
     she received her M.D. from Tulane University School of 
     Medicine.
       From 1957 to 1972, Dr. Kirschstein performed research in 
     experimental pathology at the Division of Biologics Standards 
     (now the Center for Biologics Evaluation and Research, Food 
     and Drug Administration). During that time, she helped 
     develop and refine tests to assure the safety of viral 
     vaccines for such diseases as polio, measles and rubella. Her 
     work on polio led to the selection of the Sabin vaccine for 
     public use.
       Since 1974, Dr. Kirschstein has been serving in leadership 
     positions at the National Institutes of Health (NIH). When 
     she first began her service to NIH, she served as Director of 
     the National Institute of General Medical Sciences. She held 
     this position for 14 years. From 1990 to 1991, Dr. 
     Kirschstein also served as Acting Associate Director of the 
     NIH on research on women's health.
       Dr. Kirschstein served as Acting Director of the National 
     Institutes of Health between January 2000 and May 2002. Prior 
     to that post, Dr. Kirschstein served as the Deputy Director 
     between 1993 and 1999.
       Dr. Kirschstein has received many honors and awards, 
     including the Presidential Meritorious Executive Rank Award, 
     1980; election of the Institute of Medicine, 1982; a doctor 
     of science degree from Mr. Siani School of Medicine, 1984; 
     the Presidential Distinguished Executive Rank Award, 1983; an 
     honorary doctor of laws degree from Atlanta University, 1985; 
     an honorary doctor of science degree from the Medical College 
     of Ohio, 1986; an honorary doctor of humane letters from Long 
     Island University, 1991; and election as a fellow of the 
     American Academy of Arts and Sciences, 1992. In 2001, she 
     received honorary degrees from Spelman College and from 
     Georgetown University Medical School.
       Dr. Kirschstein has been both a visionary and a leader 
     during her service at NIH and has helped to make it the 
     world's premier biomedical research agency. In particular, 
     Dr. Kirschstein led the cutting edge of two of the most 
     important research trends of this generation. She played a 
     pivotal role in launching the Human Genome Project. She is 
     also credited with providing early and crucial support to 
     women's health studies, services and programs for the NIH and 
     pioneering the NIH Office of Women's Health Research.
       While serving as Acting Director of NIH, Dr. Kirschstein 
     has worked with Congress to achieve a doubling of the NIH 
     budget. Through her leadership, commitment, contributions and 
     unselfish service to the biomedical research community and 
     NIH, Dr. Kirschstein continues to serve her nation. The 
     conferees believe the naming of the National Research Service 
     Awards as the Ruth L. Kirschstein National Research Service

[[Page 13680]]

     Awards is a fitting tribute to her outstanding service to 
     this country.
       Section 805. The conference agreement includes a provision 
     proposed by the Senate that exempts Alaska from section 166 
     of the Community Renewal Tax Relief Act of 2000. The House 
     bill contained no similar provision.
       Section 806. The conference agreement includes a provision 
     proposed by the Senate to reallocate funds provided for a 
     Labor project in the FY2001 bill. The House bill contained no 
     similar provision.
       Section 807. The conference agreement includes a provision 
     allowing the Secretary of Education to transfer lapsing funds 
     at the end of fiscal year 2002 to program administration in 
     an amount not to exceed any reduction pursuant to section 803 
     of this Act, but not more than $5,000,000. Neither the House 
     nor Senate bills contained this provision.
       The conference agreement does not include a permanent 
     change to the Higher Education Amendments of 1998 regarding 
     the Grants to States for Workplace and Community Transition 
     Training for Incarcerated Youth Offenders program as proposed 
     by the Senate. The House bill contained no similar provision.
       The conference agreement does not include language 
     specifying a new distribution of Title I funds within the New 
     York City public school system as proposed by the Senate. The 
     House bill contained no similar provision.

                               CHAPTER 9

                           LEGISLATIVE BRANCH

                        House of Representatives

       The conference agreement provides $1,600,000 for Standing 
     Committees, Special and Select for the Permanent Select 
     Committee on Intelligence.

                              Joint Items


                 capitol police board, general expenses

       The conference agreement provides $16,100,000 for general 
     expenses for the United States Capitol Police. Of this 
     amount, $12,500,000 is provided for reimbursement to the 
     Environmental Protection Agency for anthrax investigations 
     and cleanup to the Capitol Complex.

                          Library of Congress

                            Copyright Office


                         salaries and expenses

       The conference agreement provides an additional direct 
     appropriation of $7,500,000, as requested, to offset the 
     decreased level of receipts resulting from months of mail 
     suspension.

                Administrative Provisions--This Chapter

       Sec. 901. The conferees have included an administrative 
     provision regarding Senators' Official Personnel and Office 
     Expense Account.
       Sec. 902 and Sec. 903. The conferees have included two 
     provisions making a technical correction regarding a House 
     item and a Senate item to P.L. 107-117.
       Sec. 904. A provision has been included providing Economy 
     Act authorization to the CAO of the House of Representatives.
       Sec. 905. The conferees have included a provision 
     authorizing the Architect of the Capitol to procure space for 
     an alternate computer facility for the legislative branch.
       Sec. 906. A provision has been included which establishes 
     an account for the Architect of the Capitol to be titled 
     ``Capitol Police Buildings and Grounds.''
       Sec. 907. A provision has been included authorizing the 
     Architect of the Capitol to acquire Property for the use of 
     the Capitol Police.

                               CHAPTER 10

              DEPARTMENT OF DEFENSE--MILITARY CONSTRUCTION


                    military construction, air force

       The conference agreement includes $7,250,000 for this 
     account instead of $8,505,000 as proposed by the House. The 
     reduced amount is based on the Air Force's revised execution 
     strategy for the projects provided in the House passed bill. 
     The Senate did not have a similar provision. Included in the 
     account are the following projects:

------------------------------------------------------------------------
       Location/Installation              Project title          Cost
------------------------------------------------------------------------
Diego Garcia.......................  Communications           $3,450,000
                                      Switching Facility.
Diego Garcia.......................  Stuffing/Unstuffing       3,200,000
                                      Pad.
Worldwide Various..................  Planning and Design...      600,000
                                                            ------------
    Total..........................  ......................    7,250,000
------------------------------------------------------------------------

       These funds are designated as contingent emergency 
     requirements.


                  military construction, defense-wide

                     (including transfer of funds)

       The conference agreement includes $21,500,000 for this 
     account as proposed by the House. The Senate did not include 
     a similar provision. Of this amount, $19,600,000 is provided 
     for construction of a Joint Operations Complex at Fort Bragg, 
     North Carolina. The remaining $1,900,000 is provided for 
     planning and design of the project.
       These funds are designated a contingent emergency 
     requirements.

                    GENERAL PROVISIONS--THIS CHAPTER

       The conference agreement includes one general provision.
       The conference agreement includes a provision, Section 
     1001, as proposed by the Senate, which allows funds made 
     available in this Act to be used for military construction 
     projects with a requirement to provide Congress a 15-day 
     prior notification. The House did not include a similar 
     provision.

                      DEPARTMENT OF TRANSPORTATION

                        Office of the Secretary


                         Salaries and Expenses

              Transportation Administrative Service Center

                      (Limitation on Obligations)

       The conference agreement increases the fiscal year 2002 
     obligation for the Transportation Administrative Service 
     Center from $116,023,000 to $128,123,000 to accommodate 
     additional security needs of the Department, as proposed by 
     the House. The Senate bill also increased the limitation, but 
     in a general provision. The conferees do not concur with 
     language included in the Senate report on the simultaneous 
     termination of visas and drivers' licenses.

                 Transportation Security Administration


                     (Including Transfer of Funds)

       The recommendation includes $3,850,200,000 for activities 
     of the Transportation Security Administration (TSA), instead 
     of $3,850,000,000 as proposed by the House and $4,702,525,000 
     as proposed by the Senate. Of the total, the bill provides 
     that $480,200,000 is designated as a contingent emergency 
     appropriation, and $1,030,000,000 is to be transferred to the 
     Federal Emergency Management Agency (FEMA) for reimbursement 
     of ``bridge loans'' made to TSA out of Emergency Response 
     Fund resources previously set-aside for FEMA activities in 
     New York City. Funds are available until expended, as 
     proposed by the Senate, instead of until September 30, 2003, 
     as proposed by the House.
       The conference agreement includes, and the bill specifies, 
     additional funding for critically-needed transportation 
     security improvements which were not included in the request, 
     as follows:

        Activity                                                 Amount
Modifications of airports to install checked baggage explosive 
  detection systems, including trace detection systems.....$225,000,000
Grants to port authorities and other entities for security enhancements 
  and port incident training at U.S. ports..................125,000,000
Procurement of air-ground communications systems for federal air 
  marshals...................................................15,000,000
Intercity bus security.......................................15,000,000
Operation safe commerce......................................28,000,000
Airport terminal security....................................17,000,000
Radiation detection system test and evaluation................4,000,000
Security research and development and pilot projects.........10,000,000

       TSA reprogramming procedures.--The conferees are concerned 
     that, including funds in this bill, $6,200,000,000 is being 
     provided to TSA in fiscal year 2002, with no reprogramming 
     guidelines or clearly-defined programs, projects, and 
     activities (PPAs) established or proposed by the 
     administration. TSA's budget requests include a mixture of 
     operating and capital expenses, which would normally involve 
     separate appropriations with strict controls over transfers. 
     In addition, TSA's budget information has sometimes been 
     contradictory, and has not been submitted in a common format 
     allowing useful budgetary comparisons or an appropriate level 
     of detail to be used for reprogramming controls. 
     Consequently, the conferees direct TSA to follow the existing 
     reprogramming procedures for the Department of 
     Transportation. These guidelines establish the following 
     minimum thresholds for reporting proposed funding shifts to 
     Congress:
       Proposed actions involving funding shifts of more than 15 
     percent of new budget authority for the benefiting or 
     providing PPA, or $1,000,000, whichever is less; or
       Proposed actions of any size that deviate from high 
     priority Congressional interests and requirements, as 
     reflected in report language and documented in DOT's annual 
     Base for Reprogramming Actions.
       To implement these procedures, a list of PPAs must be 
     developed against which the reprogramming thresholds apply. 
     To establish this, the conferees direct TSA to provide a 
     fiscal year 2002 reprogramming baseline to the House and 
     Senate Committees on Appropriations no later than August 9, 
     2002. This document shall serve as the baseline document for 
     future reprogrammings, and shall include, at a minimum, the 
     following PPAs:
       Third Party Screening Contracts, National Guard Costs, 
     State and Local Law Enforcement Officers, Intelligence Office 
     Costs;
       ACS Field Staff Salary and Benefits and Other Costs, ACS 
     Research/IPT Staff Salary and Benefits and Other Costs, ACS 
     Security Specialists Salary and Benefits and Other Costs, 
     Explosive Detection Research and Development, Human Factors 
     Research, Aircraft Hardening and Airport Security Technology 
     Research, Other Research, Research Pilot and Demonstration 
     Projects;
       Frontline Passenger Screener Salary and Benefits and Other 
     Costs, Supervisor Passenger Screener Salary and Benefits and 
     Other Costs;

[[Page 13681]]

       Frontline Passenger Screener Salary and Benefits and Other 
     Costs, Supervisor Passenger Screener Salary and Benefits and 
     Other Costs;
       TSA Cargo Inspectors Salary and Benefits and Other Costs;
       Law Enforcement Officer Salary and Benefits; Law 
     Enforcement Officer Other Costs, Law Enforcement Supervisor 
     Salary and Benefits, Law Enforcement Supervisor Other Costs;
       Federal Air Marshal Salary and Benefits, Federal Air 
     Marshal Other Costs, Federal Air Marshal Supervisor Salary 
     and Benefits, Federal Air Marshal Supervisor Other Costs;
       Federal Security Director Salaries and Benefits and Other 
     Costs, Airport Management and Staff Salaries and Benefits, 
     Airport Management and Staff Other Costs, Headquarters Salary 
     and Benefits, Headquarters Other Costs;
       Passenger Screener Hiring Contracts, Passenger Screener 
     Training Contracts, Baggage Screener Hiring Contracts, 
     Baggage Screener Training Contracts; and
       EDS/ETD Site Survey, EDS Integrator, Next Generation EDS, 
     CAPPS-II Data Integration, Maintenance for Leased Screening, 
     Start-Up and Administrative Support, Planning and Deployment, 
     Equipment Implementation, EDS Purchase, EDS Installation, ETD 
     Purchase, ETD Installation, Checkpoint Equipment, Equipment 
     Maintenance, Information Technology Projects, Time and 
     Attendance and Property Inventory Systems, Credentialing 
     Project.
       TSA performance goals and performance reporting.--The 
     Senate directed TSA to publish, on its website, monthly 
     statistics for each airport regarding compliance with the ten 
     minute wait time goal. Rather than reporting on a single 
     goal, the conferees agree that TSA should track and publish 
     information on a wide variety of goals, so this new agency's 
     growth and overall performance can be closely monitored by 
     the Congress, taxpayers, and the traveling public. Therefore, 
     the conferees direct TSA, as soon as possible, to begin 
     reporting on the wait time goals on its website as proposed 
     by the Senate. The conferees also direct that TSA begin 
     reporting on its website, or under separate cover to the 
     Congress as security concerns dictate, monthly performance 
     information for each of the following measures:
       Percent of commercial airports with permanent federal 
     security directors on the job;
       Percent of airports with TSA conducting passenger and 
     baggage screening;
       Percent of required EDS and ETD systems deployed;
       Percent of airports utilizing the CAPPS II system;
       Percent of commercial aircraft with phase II cockpit doors 
     installed;
       Average wait time at passenger screening checkpoint for 
     federalized airports;
       Number of complaints per 1,000 passengers for federalized 
     airports;
       Security cost per originating passenger for federalized 
     airports; and
       Percent of major ports with port vulnerability assessments 
     completed.
       Where applicable, this information should be presented on 
     an airport-by-airport or airline-by-airline basis, and the 
     TSA should include in its reports the specific information on 
     the wait time goal proposed by the Senate. While the 
     conferees acknowledge that appropriate goals for TSA will 
     change after the agency's start-up period, it is critical to 
     begin developing a baseline of performance information 
     against which future budget requests may be evaluated and 
     management oversight directed.
       Status reports on hiring and salary costs.--The Aviation 
     and Transportation Security Act provided TSA with broad 
     flexibility to set pay rates for its employees outside the 
     federal general schedule. While this provision was intended 
     to allow the agency flexibility in establishing its 
     workforce, the conferees are concerned that some positions 
     are being hired at rates, which are above those for similar 
     positions in other federal agencies. To monitor these 
     expenses, TSA is directed to begin submitting to the House 
     and Senate Committees on Appropriations, on a monthly basis, 
     a report on the number of employees the agency has on board 
     for each of the agency's job series. This report should 
     include, at a minimum: (1) a description of each job series; 
     (2) the number of individuals employed in each job series; 
     (3) the total annual salary cost, average and median salary 
     costs, and standard deviation for salary distributions for 
     each job series; and (4) the degree to which the agency has 
     fulfilled the diversity goals as articulated by the Under 
     Secretary in testimony. Every two months, the report should 
     include a comparison of average salary costs and the 
     percentage change for each job series during the two month 
     period. It is expected that the same data will be provided 
     regarding federal air marshals, even if such data is 
     transmitted separately due to security considerations.
       Contract oversight.--TSA is currently budgeting over 
     $3,000,000,000 for start-up contract costs in fiscal year 
     2002. These include contracts for recruiting, hiring, and 
     training TSA's workforce; purchasing and deploying equipment; 
     and administrative support. Given that TSA is exempt from 
     most federal acquisition requirements and is undergoing rapid 
     growth, the conferees are concerned that contracts may be let 
     and managed without sufficient internal controls to monitor 
     contractor performance and guard against waste, fraud, and 
     abuse. Accordingly, the conferees direct that, for each 
     contract the agency enters into, TSA shall set aside one 
     percent of the total contract costs for contract oversight 
     activities. These activities should include, but are not 
     limited to: (1) overseeing contractor and subcontractor 
     performance with respect to cost, schedule, and quality; (2) 
     monitoring billings; (3) providing for independent cost 
     audits by the Defense Contract Audit Agency; and (4) 
     overseeing the volume of undefinitized contract actions and 
     the timely definitization of contracts. TSA is directed to 
     report to the House and Senate Committees on Appropriations 
     at the beginning of each fiscal quarter on the number and 
     dollar amount of all contracts let, including task orders 
     placed under existing contracts, the dollars allocated for 
     contract oversight and the nature of oversight activities 
     undertaken. At the time this information is submitted to 
     Congress, TSA should also provide such information to the 
     Department of Transportation Inspector General for his review 
     and analysis. At the request of the Committees on 
     Appropriations, the Inspector General has been conducting a 
     review of TSA's budget and financial management. Because this 
     information has been useful in determining appropriate 
     funding levels for TSA, the IG is directed to continue its 
     efforts and report to the Appropriations Committees as 
     necessary.
       Veteran's preference in hiring.--Within the next two 
     months, TSA plans to hire over 40,000 people. The Aviation 
     and Transportation Security Act requires that ``the Under 
     Secretary shall provide a preference for the hiring of an 
     individual as a security screener if the individual is a 
     member or a former member of the armed forces''. The 
     conferees are concerned that with the initial TSA screener 
     hiring, veterans who ``passed'' the TSA test were offered 
     jobs 83% of the time, while non-veterans who ``passed'' the 
     TSA test were offered jobs 88% of the time. The conferees 
     direct the Inspector General to review TSA's implementation 
     of the veterans preference requirement and submit a report to 
     the House and Senate Committees on Appropriations by August 
     31, 2002.
       DOT credentialing project.--Recently the Transportation 
     Security Administration announced the establishment of the 
     DOT credentialing project. This project's major goal is the 
     development and provision of a standardized transportation 
     worker identification card (TWIC) for all personnel--
     government, commercial, non-profit and others--requiring 
     access to secure facilities in any mode of transportation 
     nationwide. TSA's view is that such a system must include a 
     single type of card with access to a single, secure network 
     of databases. This project is much larger in scope than 
     envisioned at the time the fiscal year 2003 budget request 
     was submitted. The conferees have several concerns with this 
     project as currently proposed:
       TSA appears to have selected a particular type of 
     identification card, with inadequate justification or 
     consultation with Congress or affected industries concerning 
     the cost or requirements.
       Security vulnerabilities of the system have not been 
     adequately explained;
       TSA has not explained the program's costs or how such a 
     large effort, spanning several industries, will be financed; 
     and
       The agency has provided no details on how much funding is 
     included in the fiscal year 2002 or 2003 budgets for this 
     effort or details on anticipated pilot projects at airports.
       Given the inadequate planning and consultation on this 
     effort, the conferees direct TSA not to obligate further 
     funding for this effort except through existing reprogramming 
     procedures which require written notification to the Congress 
     and approval of the expenditure. The conferees will work with 
     TSA in development of the fiscal year 2003 Department of 
     Transportation and Related Agencies Appropriations Act to 
     resolve these issues.
       Airport modifications to install explosive detection 
     systems.--The conferees have provided a total of $738,000,000 
     for the costs of the physical modification of commercial 
     service airports for the purpose of installing explosive 
     detection systems. The amount provided is $225,000,000 more 
     than the level requested by the Administration. The conferees 
     note that a number of airports, including Seattle-Tacoma 
     International Airport, are in the process of constructing new 
     terminal facilities at precisely the same time that the new 
     explosive detection systems must be installed. In the case of 
     the South Terminal Expansion Project (STEP) at Seattle-Tacoma 
     International Airport, the sudden requirement to install 
     explosive detection systems has triggered dramatic cost 
     increases in the project due to the requirement to redesign 
     and reconfigure the terminal in mid-construction. As such, 
     the conferees direct that, in allocating the resources 
     provided over and above the Administration's request for EDS 
     installation, the Under Secretary be attentive to the needs 
     of the South Terminal Expansion Project and other airport 
     projects in a similar circumstance. The conferees understand 
     that Anchorage International Airport and Kansas City 
     International Airport may be in similar circumstances.

[[Page 13682]]

       Radiation detection system test and evaluation.--The 
     conferees are aware of emerging technologies designed to 
     detect the illicit trafficking of radioactive material. U.S. 
     and international agencies are currently utilizing portable 
     radiation search tools (PRST) for these purposes, and the 
     conferees believe this technology holds great promise in 
     protecting our nation's ports and waterways. The conference 
     agreement includes $4,000,000 to the Transportation Security 
     Administration, in coordination with the Coast Guard and the 
     Department of Energy, for testing, evaluation, and 
     procurement of PRST to determine the viability of this 
     technology in providing effective detection of this specific 
     nuclear threat.
       Threat image projection x-ray systems.--The conferees 
     continue to support x-ray training systems known as ``threat 
     image projection'' (TIP) systems, which have already been 
     deployed at major airports. TSA has recognized that TIP-ready 
     x-ray screening systems can significantly strengthen 
     checkpoint security by enhancing screener performance, 
     through continuous analysis and training. The conferees 
     encourage TSA to continue the acquisition and deployment of 
     TIP-ready x-ray systems at all commercial service airports.
       Port security grants.--The conference agreement includes 
     $125,000,000 for port security grants, instead of $75,000,000 
     as proposed by the House and $200,000,000 as proposed by the 
     Senate. The bill specifies that $20,000,000 is provided to 
     develop and conduct emergency incident response training and 
     exercises at ports. The conferees do not agree with the 
     Senate's proposal to limit grant awards to applications 
     already submitted. Instead, the conference agreement assumes 
     that grants will be awarded in as wise and expeditious a 
     manner as possible, using merit-based criteria.
       Pulsed Fast Neutron Analysis (PFNA).--The conferees believe 
     that the Pulsed Fast Neutron Analysis technology shows 
     extraordinary promise as a higher speed alternative to 
     existing technologies for detecting explosives and other 
     contraband in checked baggage. The conferees direct the Under 
     Secretary to use funds provided for security research and 
     development and pilot projects to demonstrate and test the 
     efficacy of the PFNA technology for this application in the 
     field.
       Biometrics.--The conferees expect the Under Secretary to 
     use funds provided for security research and development and 
     pilot projects to demonstrate the use of biometric technology 
     to improve security.
       Reconciliation of aviation security costs and 
     responsibilities.--The conferees direct that final report of 
     the Under Secretary and the DOT General Counsel regarding 
     aviation security costs and responsibilities be submitted to 
     the House and Senate Committees on Appropriations no later 
     than August 15, 2002.

                            U.S. COAST GUARD


                           Operating Expenses

       The conference agreement includes $200,000,000, to be 
     available until September 20, 2003, instead of $210,000,000 
     as proposed by the House and $318,400,000 as proposed by the 
     Senate. Of the total, $11,000,000 is designated as a 
     contingency emergency appropriation. Increases above the 
     requested amount are as follows:

        Activity                                                 Amount
Maintain reserves............................................$4,000,000
Port vulnerability assessments................................6,000,000
PACAREA ship refueling capability.............................1,000,000

       Pacific Area ship refueling capability.--The conferees 
     concur in the House proposal to provide $1,000,000 to address 
     at-sea refueling needs for drug interdiction activities in 
     the Eastern Pacific. These funds are specifically to be under 
     the control of the Commander, Joint Interagency Task Force 
     (JIATF)--East for the immediate procurement of at-sea 
     refueling capability to extend the range and endurance of 
     drug interdiction assets in that region.


              Acquisition, Construction, and Improvements

       The conference agreement includes $328,000,000 instead of 
     $78,000,000 as proposed by the House and $347,700,000 as 
     proposed by the Senate. Funds are available until September 
     30, 2004, as proposed by the Senate. Of the total, 
     $262,000,000 is designated as a contingent emergency 
     appropriation. The conference agreement includes the 
     following funding:

Vessels:
  Boarding and escort patrol boats (CPBs)...................$36,000,000
  87 foot coastal patrol boat small boat replacement..........2,100,000
                                                       ________________
                                                       
      Subtotal...............................................38,100,000
Aircraft: Priority initiatives..............................200,000,000
Other equipment:
  Ports and waterways safety systems.........................22,929,000
  Cutter defense messaging system replacement.................4,800,000
                                                       ________________
                                                       
      Subtotal...............................................27,729,000
Shore facilities:
  Homeland security shore infrastructure support..............8,171,000
  Station Oak Island, NC fire damage repair/rebuild...........4,000,000
  Priority initiatives.......................................50,000,000
                                                       ________________
                                                       
      Subtotal...............................................62,171,000

       Boarding and escort patrol boats.--The bill includes 
     $36,000,000 for procurement of additional 87-foot Barracuda 
     class coastal patrol boats. Along with the 110-foot Island 
     class, these boats are the backbone of Coast Guard's homeland 
     defense in our ports, waterways, and territorial waters. The 
     conferees believe these additional homeland security assets 
     are needed as a top priority.
       Ports and waterways safety systems.--The conference 
     agreement includes $22,929,000 to upgrade the port 
     surveillance and vessel tracking capability in the high-value 
     ports of New York, New York; Houston-Galveston, Texas; and 
     Port Arthur, Texas.
       Priority initiatives.--The conference agreement includes 
     $250,000,000 for critical acquisition, construction, and 
     improvement activities, including $200,000,000 for aircraft 
     and $50,000,000 for shore facilities. The conferees direct 
     that none of these funds may be obligated until submission of 
     a report to the House and Senate Committees on Appropriations 
     on the specific line items and activities to be funded and 
     the rationale for each proposed expenditure.

                    FEDERAL AVIATION ADMINISTRATION


                               operations

       The conference agreement includes $42,000,000 instead of 
     $100,000,000 as proposed by the Senate. Funds are designated 
     as a contingent emergency appropriation. The House bill 
     included no similar appropriation. In addition, the conferees 
     agree to language allowing the FAA to transfer up to 
     $33,000,000 from unobligated balances of ``Facilities and 
     equipment'' to this appropriation, instead of $25,000,000 as 
     proposed by the House. The conferees believe the combined 
     resources of $75,000,000 provide herein will accommodate the 
     agency's highest priority operating needs for the balance of 
     fiscal year 2002, including payroll and overtime costs for 
     air traffic controllers and space rental requirements. These 
     accounts were depleted earlier this year to address 
     unbudgeted security initiatives. This transfer shall be 
     subject to the Congressional reprogramming procedures.
       Controller shortage, Newark International Airport.--The 
     conferees agree to direct FAA to submit the report on air 
     traffic controller shortages at Newark International Airport 
     as included in section 1007 of the Senate bill. As specified 
     in that section, the report is due thirty days after 
     enactment of this Act. The Administrator shall submit such 
     report to the House and Senate Committees on Appropriations 
     and the authorizing committees of jurisdiction.


                        facilities and equipment

                    (airport and airway trust fund)

       The conference agreement includes $7,500,000 instead of 
     $15,000,000 as proposed by the Senate. These funds are 
     designated as a contingent emergency, and are for 
     rehabilitation of ARSR-4 long range radar systems, which are 
     being kept in service due to security concerns since the 
     terrorist attacks of September 11, 2001. The House bill 
     included no similar appropriation.


                       grants-in-aid for airports

                    (airport and airway trust fund)

       The conference agreement includes $150,000,000, instead of 
     $200,000,000 as proposed by the House and $100,000,000 as 
     proposed by the Senate. These funds are to enable the 
     Administrator to compensate airports for a portion of the 
     direct costs associated with new, additional or revised 
     security requirements imposed on airport operators by the 
     Administrator on or after September 11, 2001. The conferees 
     agree with direction of the Senate regarding the distribution 
     of these funds. Funds are to be derived from the airport and 
     airway trust fund as proposed by the Senate, instead of from 
     the general fund as proposed by the House, and are designated 
     as a contingent emergency appropriation.

                     FEDERAL HIGHWAY ADMINISTRATION

                          Federal-Aid Highways


                        emergency relief program

                          (highway trust fund)

       As proposed by both the House and the Senate, the 
     conference agreement included $167,000,000 from the highway 
     trust fund to fully fund the restoration and reconstruction 
     of Federal-aid highways-eligible state and local roads in New 
     York City damaged by the September 11th terrorist attacks. It 
     also waives the local match for these funds and exempts these 
     projects from the $100,000,000 per-disaster cap in emergency 
     relief funding.
       The conference agreement also includes $98,000,000, 
     designated as a contingent emergency appropriation from the 
     highway trust fund, for nationwide needs of the emergency 
     relief program instead of $120,000,000 as proposed by the 
     Senate. The House provided no similar appropriation. This 
     funding level fully satisfies FHWA's estimates of emergency 
     relief needs, as of June 11, 2002, for states and 
     territories, as shown in the table below, In addition, the 
     estimates include $12,000,000 for repair of the I-40 Bridge 
     in Oklahoma. The conferees expect emergency relief amounts 
     needed for federal land highway management agencies will be 
     addressed

[[Page 13683]]

     in the $100,000,000 authorization that will be available on 
     October 1, 2002.

                                                       Emergency Relief
        State/territory                                  Needs Estimate
Alabama......................................................$1,871,000
American Samoa................................................1,278,000
Arizona.......................................................1,066,000
Arkansas.....................................................13,950,000
Colorado......................................................2,530,000
Guam............................................................672,000
Minnesota.......................................................678,000
Missouri......................................................2,475,000
New Jersey...................................................11,704,000
New York........................................................309,000
North Dakota.................................................12,470,000
Ohio..........................................................2,551,000
Oklahoma.....................................................13,415,000
Oregon..........................................................399,000
Pennsylvania..................................................1,138,000
Puerto Rico...................................................1,315,000
South Dakota....................................................717,000
Texas........................................................12,813,000
Virginia........................................................684,000
Washington...................................................13,411,000
West Virginia.................................................2,357,000
Federal-Aid Highways


                          (highway trust fund)

                 (rescission of contract authorization)

       The conference agreement includes a rescission of 
     $320,000,000 in unspent contract authority available to the 
     states under the five core formula highway programs as 
     proposed by the Senate. The House included no such 
     rescission. This rescission will have no impact on fiscal 
     year 2002 highway construction activities, because such funds 
     are above annual limitations on obligations and are therefore 
     not available for obligation during fiscal year 2002.

              FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION

                       Border Enforcement Program


                          (highway trust fund)

       The conference agreement includes $19,300,000 for the new 
     border enforcement program within the Federal Motor Carrier 
     Safety Administration, as proposed by both the House and 
     Senate. Of the amount provided, $4,200,000 is to fund the 
     implementation of section 1012 of the USA PATRIOT Act, which 
     includes up to 34 additional federal personnel; $8,000,000 is 
     for driver's license fraud detection and prevention projects, 
     including $800,000 for a contract effort to develop a unique 
     identifier for commercial drivers' licenses; $2,000,000 is to 
     develop a hazardous material security and education outreach 
     program and to conduct a northern border safety and security 
     study; and $5,100,000 is for coordinating state drivers' 
     license registration and social security number verification.
       Consistent with both House and Senate language, the 
     conferees direct the Texas Department of Transportation to 
     consult with the City of Laredo and consider their concerns 
     regarding site selection for a cross-border inspection 
     facility. The conferees reinforce that federal safety 
     requirements must be met in any site selection decision. The 
     conferees also agree with language proposed by the Senate 
     that under no circumstances should the FMCSA approve a site 
     for such an inspection facility if the location compromises 
     the ability to enforce all statutory and regulatory safety 
     requirements, including those enacted as part of the 
     Department of Transportation and Related Agencies 
     Appropriations Act, 2002.

                   Hazardous Materials Safety Permits

                          (Highway Trust Fund)

       As proposed by the House, the conference agreement includes 
     $5,000,000 from the highway trust fund to implement the 
     permit program required by law for those motor carriers 
     transporting the most dangerous hazardous materials. The 
     Senate included no such appropriation. Funds are designated 
     as a contingent emergency appropriation. The conferees 
     extended the implementation date of the permit program to 
     December 1, 2002. The conferees also expect the Research and 
     Special Programs Administration to share data on hazardous 
     materials registrations with the Federal Motor Carrier Safety 
     Administration on a monthly basis.
       The conferees are aware of several commercially-available 
     technologies that could potentially enhance the security of 
     hazardous materials transportation. FMCSA, FHWA, and DOT's 
     Intelligent Transportation Systems Joint Program Office are 
     conducting operational tests of technology to prevent 
     unauthorized drivers from operating a vehicle, systems for 
     detecting a vehicle that is off-route, and systems to 
     remotely shut off the vehicle engine. The conferees direct 
     FMCSA to submit a report to the House and Senate Committees 
     on Appropriations no later than December 1, 2002 that 
     evaluates the potential of these technologies.

                    FEDERAL RAILROAD ADMINISTRATION

         Grants to the National Railroad Passenger Corporation

       The conference agreement includes $205,000,000 for 
     operating assistance to the National Railroad Passenger 
     Corporation (Amtrak) instead of the $55,000,000 as proposed 
     by the Senate. The House bill contained no similar 
     appropriation. These are for necessary expenses to operate 
     the railroad through the remainder of this fiscal year. On 
     June 28, 2002, Amtrak entered into an agreement with the 
     Department of Transportation through which Amtrak received a 
     direct loan of $100,000,000, which the agreement contemplates 
     will be repaid by Amtrak's fiscal year 2003 appropriation. As 
     part of that agreement, Amtrak agreed to provide the DOT with 
     certain operational and financial data. Such data includes: 
     All revenue and expenses associated with rail operations by 
     route; budgeted and actual expenditures for all capital 
     investments; monthly performance reports; a report on 
     Amtrak's operating relationships with commuter rail systems; 
     and an inventory and valuation of Amtrak's assets as well as 
     a timetable for obtaining an updated valuation of those 
     assets.
       The conferees expect Amtrak to transmit this information to 
     the House and Senate Committees on Appropriations at the same 
     time as it is transmitted to the Department of 
     Transportation.
       The agreement between Amtrak and DOT also calls on Amtrak's 
     management to present to Amtrak's Board of Directors a 
     prioritized list of expense reduction options totaling at 
     least $100,000,000 for fiscal year 2003--expense reductions 
     that the Board of Directors must apply to critical 
     maintenance needs throughout the Amtrak system. The conferees 
     direct that this list of expense reductions, as well as a 
     list of such critical maintenance projects, be provided to 
     the House and Senate Committees on Appropriations no later 
     than August 31, 2002--the date stipulated in the Amtrak-DOT 
     agreement.

                     FEDERAL TRANSIT ADMINISTRATION

                       Capital Investment Grants

       As proposed by both the House and Senate, the conference 
     agreement provides $1,800,000,000 in capital investment 
     grants to replace, rebuild, or enhance mass transportation 
     systems serving the Borough of Manhattan, New York City, New 
     York.

              RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION

                     Research and Special Programs

       The conference agreement includes no funding to relocate 
     and upgrade the Department's crisis management center into a 
     new transportation information operations center (TIOC), 
     instead of $2,100,000 proposed by the House under the 
     Transportation Security Administration and $3,500,000 
     proposed by the Senate. Because of the recent announcement to 
     establish a new, cabinet-level Department of Homeland 
     Security, and the possible transfer of TSA and the Coast 
     Guard to that department, the conferees have deferred funding 
     for this item pending a final determination regarding DOT's 
     restructured role in security and crisis management.

                    GENERAL PROVISIONS--THIS CHAPTER

       The conference agreement amends the House provision that 
     makes certain projects and activities contained in the fiscal 
     year 2002 Department of Transportation and Related Agencies 
     Appropriations Act eligible to receive fiscal year 2002 
     funds. The amendment expands the provision to include 
     activities of the Job Access and Reverse Commute program. The 
     Senate proposed no similar provision.
       The conference agreement includes language proposed by the 
     Senate, instead of language proposed by the House, regarding 
     TSA's payment for rental space at airports.
       The conference includes language proposed by the Senate 
     regarding the calculation of tonnage for shipbuilding 
     purposes. The House bill contained no similar provision.
       The conference agreement includes the Senate provision 
     clarifying the alignment of a highway project in Mississippi 
     made eligible for enhancement funding in the fiscal year 2001 
     Department of Transportation and Related Agencies 
     Appropriations Act. The House proposed no similar provision.
       The conference agreement includes the Senate provision that 
     redirects $2,750,000 in previously appropriated intelligent 
     transportation system program funds to the Drexel University 
     Intelligent Infrastructure Institute for purposes authorized 
     in the Transportation Equity Act for the 21st Century. The 
     House proposed no similar provision.
       In addition to the location correction for the I-74 
     Mississippi River Bridge project in Illinois proposed by the 
     House, the conferees include a location correction for 
     another project contained in the conference agreement 
     accompanying the fiscal year 2002 Department of 
     Transportation and Related Agencies Appropriations Act. The 
     designation ``GSB-88 Emulsified binder treatment research, 
     Alabama'', under the transportation and community and system 
     preservation pilot program, should read ``GSB-88 Emulsified 
     binder treatment research, Tennessee''.

                               CHAPTER 12

                       DEPARTMENT OF THE TREASURY

                Federal Law Enforcement Training Center


                         Salaries and Expenses

       The conferees agree to provide $15,870,000 as proposed by 
     the House.

                      Financial Management Service


                         Salaries and Expenses

                              (Rescission)

       The conferees agree to rescind $14,000,000 of Public Law 
     107-20 as proposed by the House in section 1201 of the House 
     bill instead of $14,000,000 of Public Law 107-67 as proposed 
     by the Senate. The conferees have no objection to any 
     remaining unobligated balances

[[Page 13684]]

     from Public Law 107-20 being used for computer security.

                     United States Customs Service


                         Salaries and Expenses

       The conferees agree to provide $39,000,000 instead of no 
     funding as proposed by the House and $59,000,000 as proposed 
     by the Senate. This funding is provided for startup costs, 
     including staffing and technology, for the Container Security 
     Initiative (CSI). The conferees did not include funding, as 
     proposed by the Senate, for monitoring and investigating 
     importation of products made with forced labor, nor did they 
     include a provision proposed by the Senate authorizing the 
     Customs Service to reimburse State and local law enforcement 
     agencies for assistance along the Northern Border.


                              Prison Labor

       The conferees note that the United States Customs Service 
     has the responsibility for monitoring and investigating the 
     importation into the United States of products made with 
     forced labor, the importation of which violates section 307 
     of the Tariff Act of 1930 or section 1761 of title 18, United 
     States Code.
       The manufacture of goods made using prison, forced, or 
     indentured labor continues to be an unfair trading practice 
     used by a large number of countries despite the long-standing 
     prohibition on importation of these goods into the United 
     States. The use of forced labor by other countries hurts 
     fair-trading U.S. businesses and defrauds U.S. consumers. The 
     conferees are particularly concerned about countries that 
     refuse to enforce their own laws that prohibit the 
     exportation of forced labor-made goods to the United States, 
     and those countries, such as China, that have not fulfilled 
     their obligations under existing bilateral agreements with 
     the United States pertaining to the inspection of suspected 
     forced labor facilities by appropriate U.S. officials.
       The conferees strongly urge the Customs Service to require 
     importers to provide certification to establish that goods 
     entering U.S. ports were made by legitimate foreign companies 
     that do not use prison, forced, or indentured labor. 
     Furthermore, the conferees strongly urge the Customs Service 
     to use fully its authority to block the importation of goods 
     that are suspected to have been made using forced labor, 
     especially in cases in which the United States has requested 
     of a foreign country an inspection of a specific factory or 
     other facility, but the requested inspection has not taken 
     place in a timely manner.

                        Internal Revenue Service


                          Information Systems

                              (Rescission)

       The conferees agree to rescind $10,000,000 as proposed by 
     the Senate instead of no rescission as proposed by the House.

                        Internal Revenue Service


                     Business Systems Modernization

       The conferees agree to provide $14,000,000 as proposed by 
     the House in section 1201 of the House bill instead of no 
     rescission as proposed by the Senate.

                      United States Secret Service


                         Salaries and Expenses

       The conferees agree to provide $28,530,000 instead of 
     $46,750,000 as proposed by the House and $17,200,000 as 
     proposed by the Senate. The funding includes $17,224,000 to 
     fund the costs of establishing and expanding electronic 
     crimes task forces, as authorized under the USA PATRIOT Act 
     of 2001, $7,491,000 for 51 positions required for additional 
     protective details pursuant to Executive Order, and 
     $3,815,000 in support of the workforce stabilization and 
     retention initiative.

                             Postal Service


                   Payment to the Postal Service Fund

       The conferees agree to provide $87,000,000 for emergency 
     expenses of the Postal Service as proposed by both the House 
     and Senate.

                   Executive Office of the President


                        Office of Administration

       The conferees agree to provide $3,800,000 for emergency 
     expenses of the Office of Administration, instead of 
     $5,000,000 as proposed by the Senate and no funding as 
     proposed by the House. The conferees have denied funding for 
     additional space requirements, travel support and support 
     staff. The conferees agree not to include a provision, as 
     proposed by the Senate, that funds provided to the Office of 
     Administration may not be obligated until the Senate confirms 
     a Director for Homeland Security.


                    Office of Management and Budget

                              (Rescission)

       The conferees agree to rescind $100,000, instead of 
     $750,000 as proposed by the House and no rescission as 
     proposed by the Senate.

          Election Administration Reform and Related Expenses

       The conferees agree to provide $400,000,000 for election 
     administration reform, instead of $450,000,000 as proposed by 
     the House and the Senate. The conferees agree make these 
     funds available to the appropriate Federal entities upon 
     enactment of legislation for election administration reform; 
     these funds are provided to the Office of Management and 
     Budget, as proposed by House, and with technical 
     modifications, instead of being provided to the Office of 
     Justice Programs, as proposed by the Senate.

                      Federal Election Commission


                         Salaries and Expenses

       The conferees agree to provide $750,000 as proposed by the 
     House instead of no funding as proposed by the Senate.

                          INDEPENDENT AGENCIES

                    General Services Administration


                         Federal Buildings Fund

       The conferees agree to provide $21,800,000 instead of 
     $51,800,000 as proposed by both the House and the Senate.

                    General Services Administration


                         policy and operations

       The conferees agree to provide no funding as proposed by 
     the House instead of $2,500,000 as proposed by the Senate.

                    GENERAL PROVISIONS, THIS CHAPTER

       Section 1201. The conferees agree to include a provision 
     prohibiting the use of funds to transfer the functions, 
     missions, or activities of the United States Customs Service 
     to the Department of Justice.
       Section 1202. The conferees agree to include a provision 
     granting the Federal Law Enforcement Training Center the 
     authority to hire federal retirees for a period of up to five 
     years.
       Section 1203. The conferees agree to include a provision 
     deeming the Eisenhower Exchange Fellowship Program to be an 
     executive agency for certain purposes, modified from Section 
     1101 of the Senate to make the provision permanent.
       The conferees agree not to include a provision related to 
     Alaska Mail Delivery; this provision is included as a new 
     Title in this Act.
       The conferees agree not to include a provision establishing 
     the position of Director of Homeland Security, as proposed by 
     the Senate.
       The conferees agree not to include Section 1201 as proposed 
     by the House regarding a rescission of funds from the 
     Financial Management Service and an appropriation of funds to 
     the Internal Revenue Service.

                               CHAPTER 13

                     DEPARTMENT OF VETERANS AFFAIRS

                    Veterans Benefits Administration


                       compensation and pensions

       The conferees have provided $1,100,000,000 for compensation 
     and pensions as proposed by the Senate. The House did not 
     include funding for this account.

                     Veterans Health Administration


                              medical care

       The conferees have provided $417,000,000 for medical care 
     as proposed by the House and the Senate.
       The conferees have included language proposed by the House 
     directing VA to distribute all of the funds to the VISNs 
     according to VERA and directing the Centers for Medicare and 
     Medicaid Services (CMS) to issue each VA health care facility 
     a provider number, which in no way obligates CMS to reimburse 
     VA for services. The Senate made no similar provisions.
       The conferees reiterate report language proposed by the 
     House prohibiting the funds to be used for any purpose other 
     than direct health care services for priority 1-6 veterans 
     and language proposed by the Senate directing the Secretary 
     to report to the Committees on Appropriations on measures 
     taken to ensure accurate workload and resource needs 
     estimates in future budget justifications.

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                       Public and Indian Housing


                        housing certificate fund

                              (rescission)

       The conference agreement rescinds $388,500,000 from 
     unobligated balances remaining available in the House 
     Certificate Fund, instead of $300,000,000 as proposed in the 
     House and Senate bills. Modified language is included, 
     similar to language proposed by the House, allowing the 
     Department to apply the rescission against the Section 8 
     program or any other program in the Department, instead of 
     limiting the rescission to only the Section 8 program as 
     proposed in the Senate bill. The conference agreement does 
     not include language proposed by the House bill prohibiting 
     the rescission of any funds governed by statutory 
     reallocation provisions, but instead includes language to 
     allow the rescission to be applied against any program. 
     Should the amounts available in the Section 8 program be 
     insufficient to meet the required rescission, the Department 
     is directed to notify the Committee of its plan to meet the 
     rescission target, with such notification being provided at 
     least seven days prior to implementation of the rescission.

                   Community Planning and Development


                       community development fund

       The conference agreement includes an emergency 
     appropriation of $783,000,000 for assistance to properties 
     and businesses, including restoration of damaged 
     infrastructure, and for economic revitalization activities in 
     the areas of New York City affected by the September 11, 2001 
     terrorist attacks, instead of $750,000,000 as proposed by the 
     House and Senate.

[[Page 13685]]

       The conferees recognize the tremendous human losses 
     suffered by those businesses located in the World Trade 
     Center, particularly those firms which suffered the greatest 
     loss of life in the attacks. Because of the conferees' strong 
     desire to support the redevelopment of the areas of New York 
     City affected by the attacks and to encourage those 
     businesses most devastated by the attacks to remain in New 
     York City, the conferees have provided a $33,000,000 increase 
     over the request. The conferees expect that these additional 
     funds will be made available to assist those firms located in 
     New York City at the time of the terrorist attacks which 
     suffered a disproportionate loss of its workforce and who 
     intend to re-establish their operations in New York City.
       The conferees concur with the language included in the 
     House report encouraging the Lower Manhattan Development 
     Corporation to consider the needs of utility companies and 
     other institutions affected by the World Trade Center 
     attacks.
       The conference agreement includes modified language, 
     similar to language proposed by the House and Senate, making 
     technical corrections to specific grants funded in prior 
     appropriations Acts.


                  home investment partnerships program

                              (rescission)

       The conference agreement rescinds $50,000,000 from fiscal 
     year 2002 funds made available contingent upon enactment of 
     an authorization, as proposed by the Senate. The House did 
     not include a similar rescission.

                            Housing Programs


                       Rental Housing Assistance

                              (Rescission)

       The conference agreement rescinds $300,000,000 from 
     contract authority in excess of amounts required to subsidize 
     mortgage payments pursuant to section 236 of the National 
     Housing Act, as proposed by the House.
       Language proposed by the Senate is not included directing 
     the Department to use the excess contract authority to 
     implement a rehabilitation grant program. The House did not 
     include a similar provision.

                          INDEPENDENT AGENCIES

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                     National Institutes of Health


          national institute of environmental health sciences

       The conferees have provided $8,000,000 to undertake and 
     continue research and worker training programs related to the 
     September 11, 2001 terrorist attacks as proposed by the 
     House. Of this amount, the conferees agree that $4,000,000 is 
     available for the research program and $4,000,000 is 
     available for worker training.

            Agency for Toxic Substances and Disease Registry


            toxic substances and environmental public health

       The conferees have provided $11,300,000 for direct and 
     indirect costs of the Agency associated with the terrorist 
     attacks of September 11, 2001 as well as for further efforts 
     of the Agency to respond to chemical terrorism events, as 
     proposed by the House. Of this amount, the conferees agree 
     that $1,800,000 is to reimburse ATSDR for additional direct 
     and indirect costs related to the events of September 11, 
     2001 which were not assumed in the fiscal year 2002 
     appropriation.
       The conferees further agree that $9,500,000 is expected to 
     be used to enhance the capacity of the States to respond to 
     chemical terrorism events. In this regard, the conferees note 
     that these and similar expenses are expected to be ``one time 
     only'' costs of the Agency to assist the States and are not 
     to become recurring costs in support of new State personnel.

                    Environmental Protection Agency


                         Science and technology

       The conference agreement provides $50,000,000 to perform 
     security vulnerability assessments of small and medium sized 
     drinking water systems instead of $100,000,000 as proposed by 
     the Senate and no funds as proposed by the House.


                 environmental programs and management

                          (transfer of funds)

       The conferees have included language which transfers 
     $400,000 appropriated in fiscal year 2002 from the 
     Environmental Programs and Management account to the State 
     and Tribal Assistance Grants account for wastewater and sewer 
     infrastructure improvements in the Town of Rosman, North 
     Carolina.


                     hazardous substance superfund

       The conferees have included $12,500,000 for reimbursement 
     to the Environmental Protection Agency for costs associated 
     with the investigation and cleanup of Anthrax within the 
     United States Capitol and Congressional building complex and 
     the Legislative Branch appropriations in this legislation as 
     proposed by the House instead of providing this reimbursement 
     directly to the EPA as proposed by the Senate.


                   state and tribal assistance grants

       The conferees have included bill language making technical 
     corrections to seven specific grants provided in fiscal years 
     2001 and 2002 instead of five such corrections as proposed by 
     the House and one such correction as proposed by the Senate.

                  Federal Emergency Management Agency


                            disaster relief

       The conferees have agreed to provide $2,650,700,000 in 
     emergency funding for disaster relief, instead of 
     $2,750,000,000 as proposed by the House and $2,660,000,000 as 
     proposed by the Senate. The amount appropriated includes a 
     reduction of $99,300,000 from the original supplemental 
     request. The conferees have also agreed to retain the House 
     Language that provides for the funds to be used to carry out 
     the Federal Fire Prevention and Control Act of 1975. 
     Additionally, the conferees agree to include language 
     proposed by the Senate which will establish criteria for the 
     Mortgage and Rental Assistance Program for victims of 
     September 11, 2001 and directs compensation for applicants 
     who had previously been denied benefits. The conference 
     agreement does not include House language with regard to the 
     Texas Medical Center.
       For the purposes of the September 11, 2001 attack on the 
     World Trade Center, measures taken by eligible private non-
     profit colleges and universities to protect the health and 
     safety of students and faculty residing in areas affected by 
     the disaster will be eligible for reimbursement.
       The conferees agree that FEMA is directed to provide 
     compensation to the New York city School system for costs 
     stemming from the September 11, 2001 terrorist attacks for 
     activities including additional classroom instruction time, 
     mental health, trauma counseling, and other support services; 
     guidance and grief counseling; clean-up and structural 
     inspections and repairs of school facilities; and student 
     relocations, lost textbooks and perishable food.
       The conferees agree with the direction contained in House 
     Report 107-480 with regard to the FEMA Inspector General 
     review of FEMA's statutory authorities and identification of 
     any gaps in coverage which may exist in dealing with 
     disasters such as the terrorists attacks of September 11, 
     2001.


                  disaster assistance for unmet needs

       The conferees have agreed to provide $23,200,000 for 
     disaster assistance for unmet needs, instead of $23,320,000 
     as proposed by the House. The Senate did not include any 
     funding for this program. The amount will be available to 
     address unmet needs arising from Presidentially-declared 
     disasters occurring in fiscal year 2002.


              EMERGENCY MANAGEMENT PLANNING AND ASSISTANCE

       The conferees have agreed to provide $447,200,000 for 
     emergency management planning and assistance instead of 
     $151,700,000 as proposed by the House and $745,000,000 as 
     proposed by the Senate. Of the amount provided, $221,000,000 
     is contingent emergency funding. The amount provided includes 
     $100,000,00 for State and local all hazards operational 
     planning; $150,000,000 for the fire grant program as 
     authorized by the Federal Fire Prevention and Control Act of 
     1974, as amended; $25,000,000 for Citizen Corps; $56,000,000 
     for emergency operations centers; $5,000,000 for development 
     of mutual aid agreements; $7,000,000 for procurement of 
     secure communications equipment; $54,200,000 for upgrading 
     existing Urban Search and Rescue Teams; and $50,000,000 for 
     interoperable communications equipment for firefighters and 
     emergency medical services. With regard to the amounts listed 
     above, FEMA is directed to notify the Committees on 
     Appropriations of the House and Senate of any funding changes 
     between $500,000 and $1,000,000. Any change in excess of 
     $1,000,000 may be made only upon prior approval of the 
     Committees. The conferees direct FEMA to provide a spending 
     plan prior to obligation of any funds for State and local all 
     hazards operational planning.
       The conferees urge that grants under the interoperable 
     communications equipment programs be used to purchase cost 
     effective solutions which allow entities to make existing 
     communications interoperable such as cross band repeaters, 
     frequency band patching and other network level solutions. In 
     addition, equipment provided under these programs should be 
     compatible with public safety analog ANSI/TIA-603 and/or 
     digital radio ANSI/TIA-102 Standards.


                        CERRO GRANDE FIRE CLAIMS

       The conferees agree to provide $61,000,000 in contingent 
     emergency appropriations for claims resulting from the Cerro 
     Grande fire. The conferees have included bill language which 
     makes up to 5% of the funds available for administrative 
     purposes. The conferees do not anticipate a need for 
     additional funding and expect FEMA and the Cerro Grande Fire 
     Claims Office to expedite all claims.

                      National Science Foundation


                     EDUCATION AND HUMAN RESOURCES

       The conferees have provided $19,300,000 for the Federal 
     Cyber Service: Scholarships for Service program as proposed 
     by the Senate instead of no funds as proposed by the House.
       In light of the apparent need for increased Federal 
     personnel with enhanced information infrastructure skills, 
     significant appropriations have been provided to ``jump 
     start''

[[Page 13686]]

     the program. With these supplemental funds, this new program 
     has been provided in excess of $30,000,000 for fiscal year 
     2002. At the same time, however, the fact remains that the 
     Administration has yet to develop and forward to the Congress 
     a comprehensive, short- or long-term plan relative to this 
     program. Prior to September 16, 2002, the NSF is directed to 
     provide to the Committees on Appropriations a report 
     detailing how this program will significantly increase the 
     number of federal cyber security personnel and the expected, 
     long-term costs of the program. In developing this report, 
     NSF should consult with other federal agencies that have 
     experience in running scholarships-for-service programs. This 
     should include, but not be limited to, the Departments of 
     Education and Health and Human Services.

                    GENERAL PROVISIONS--THIS CHAPTER

       The conference agreement includes a provision increasing 
     the fiscal year 2002 total loan guarantee limitation to 
     $165,000,000,000 for the Federal Housing Administration (FHA) 
     single family mortgage insurance program as proposed by the 
     House. The Senate did not include a similar provision.
       The conference agreement includes a provision increasing 
     the fiscal year 2002 total loan guarantee limitation to 
     $23,000,000,000 for the FHA general and specialized risk 
     mortgage insurance programs as proposed by the House. The 
     Senate did not include a similar provision.
       The conference agreement includes language, modified from 
     language included in the Senate bill, directing the 
     Department of Housing and Urban Development to resume the 
     Asset Control Area Demonstration Program (ACA) by September 
     15, 2002. Language also is included requiring that any 
     agreement or contract conform with applicable statutory 
     requirements. In April 2002, the Department issued a 
     moratorium on new agreements and contracts, including 
     renewals of expiring contracts, pending a review of the 
     program and development of appropriate program management 
     tools and regulations to correct deficiencies identified by 
     the Inspector General. These deficiencies were largely the 
     result of the Department's failure to manage the program 
     consistent with the law. While the conferees understand that 
     such actions were necessary to correct these deficiencies, 
     the conferees are concerned that the moratorium could be 
     unduly punitive to those participants whose programs have met 
     the ACA demonstration program objectives. The conferees 
     believe it is important that the Department expeditiously 
     resolve this matter and resume the program in areas that 
     further the objectives of the program. The House did not 
     include a similar provision.
       The conference agreement includes modified language, 
     similar to language included in the Senate bill, directing 
     the HUD Secretary to provide quarterly reports on the status 
     of certain defaulted FHA-insured multifamily housing 
     projects. The House did not include a similar provision.
       The conference agreement includes language, modified from 
     language included in the Senate bill, to remove the use 
     restrictions on a property in Baltimore, Maryland, only for 
     the purposes of converting the property to student housing, 
     subject to certain requirements. These requirements include 
     the full payment of any outstanding mortgage balances and any 
     outstanding loan, and the use of residual receipts and 
     replacement reserves to pay for relocation of current tenants 
     with any excess to be returned to the Department of Housing 
     and Urban Development. Should the property not be converted 
     to student housing, the use restrictions would remain in 
     effect. The House bill did not include a similar provision.

                               CHAPTER 14

                     General Provisions--This Title

       The conference agreement includes a provision as proposed 
     by both the House and the Senate that limits the availability 
     of funds provided in this Act.
       The conference agreement includes the House provision that 
     fully offsets the revenue aligned budget authority reduction 
     required by TEA-21 in fiscal year 2003 by raising the highway 
     category guarantee and providing an additional $4,369,000,000 
     in federal-aid highway obligation limitation, for a total 
     obligation limitation of $27,653,143,000. The Senate bill 
     included a provision directing that the federal-aid highway 
     obligation limitation in fiscal year 2003 be at least 
     $27,746,000,000 and not more than $28,900,000,000.
       The conference agreement deletes a provision proposed by 
     the House to require the United States Government to take all 
     steps necessary to guarantee the full faith and credit of the 
     Government.
       The conference agreement does not include the provision 
     contained in the House bill reclassifying certain counties in 
     Pennsylvania and New York for purposes of reimbursement under 
     the Medicare program. The conferees express in the strongest 
     terms their request that the authorizing committees of 
     jurisdiction, the Senate Finance Committee and the House Ways 
     and Means Committee, develop legislation as soon as possible 
     to address the geographic inequities that exist nationwide in 
     Medicare reimbursements because of the wage indices used.
       The conference agreement includes a provision rescinding 
     $350,000,000 of previously appropriated funds made available 
     for administrative and travel expenses in all federal 
     agencies and offices. The provision specifies that individual 
     rescissions to implement this reduction shall be applied on a 
     pro rata basis to each office, agency, and Department in the 
     executive branch that is funded in Appropriations Acts. The 
     Director of the Office of Management and Budget shall provide 
     a report to the Committees on Appropriation within 30 days 
     after the date of enactment of this Act describing: (1) the 
     amount rescinded in each office, agency, and Department; and 
     (2) the methodology used to identify the offices, accounts, 
     and amounts to be rescinded. Neither the House nor the Senate 
     bill included a similar provision.
       The conference agreement modifies language proposed in 
     Title II of the Senate bill relating to the availability of 
     emergency appropriations in this Act. The conference 
     agreement provides that any amount in this Act for which 
     availability is made contingent upon an emergency designation 
     by the President shall not be available unless all such 
     contingent amounts are designated by the President. The 
     designation must be made within 30 days of enactment of this 
     Act.
       The conference agreement deletes a provision as proposed in 
     Title II of the Senate bill relating to a sense of the Senate 
     on the reorganization of the FBI.

                                TITLE II

                American Service Members' Protection Act

       The conference agreement includes the American Service 
     Members' Protection Act as proposed by the House and the 
     Senate. The conference agreement also includes a provision, 
     as proposed by the Senate, relating to assistance to 
     international efforts to bring certain individuals to 
     justice.

                               TITLE III

                             Other Matters

       The conference agreement includes a provision as proposed 
     by the House relating to adjustments to the Caribbean Basin 
     Economic Recovery Act with respect to textiles.
       The conference agreement includes a provision relating to 
     mail delivery in Alaska, as proposed by the Senate, with 
     technical modifications. The House bill included a related 
     provision as section 1406.
       The conference agreement includes a provision, as proposed 
     by the Senate, relating to amendments to the Alaska Native 
     Claims Settlement Act. The House bill contained no similar 
     provision.

                   CONFERENCE TOTAL--WITH COMPARISONS

       The total new budget (obligational) authority for the 
     fiscal year 2002 recommended by the Committee of Conference, 
     with comparisons to the fiscal year 2002 budget estimates, 
     and the House and Senate bills for 2002 follow:

                       [In thousands of dollars]

Budget estimates of new (obligational) authority, fiscal yea$29,512,519
House bill, fiscal year 2002.................................28,775,894
Senate bill, fiscal year 2002................................32,614,644
Conference agreement, fiscal year 2002.......................30,010,699
Conference agreement compared with:
    Budget estimates of new (obligational) authority, fiscal ye+498,180
    House bill, fiscal year 2002.............................+1,234,805
    Senate bill, fiscal year 2002............................-2,603,945

     C.W. Bill Young,
     Ralph Regula,
     Jerry Lewis,
     Harold Rogers,
     Joe Skeen,
     Frank R. Wolf,
     Sonny Callahan,
     James T. Walsh,
     Charles H. Taylor,
     David L. Hobson,
     Ernest J. Istook,
     Henry Bonilla,
     Joe Knollenberg,
     David R. Obey,
     John P. Murtha,
     Norman D. Dicks,
     Martin Olav Sabo,
     Steny H. Hoyer,
     Alan B. Mollohan,
     Marcy Kaptur,
     Peter J. Visclosky,
     Nita M. Lowey,
     Jose E. Serrano,
     John W. Olver,
                                Managers on the Part of the House.

     Robert C. Byrd,
     Daniel K. Inouye,
     Ernest F. Hollings,
     Patrick J. Leahy,
     Tom Harkin,
     Barbara A. Mikulski,
     Harry Reid,
     Herb Kohl,
     Patty Murray,
     Byron L. Dorgan,
     Dianne Feinstein,
     Richard J. Durbin,
     Tim Johnson,

[[Page 13687]]

     Mary L. Landrieu
     Jack Reed,
     Ted Stevens,
     Thad Cochran,
     Pete V. Domenici,
     Christopher S. Bond,
     Mitch McConnell,
     Conrad Burns,
     Richard C. Shelby,
     Judd Gregg,
     Robert F. Bennett,
     Ben Nighthorse Campbell,
     Larry Craig,
     Kay Bailey Hutchison,
     Mike DeWine,
                               Managers on the Part of the Senate.