[House Report 107-593]
[From the U.S. Government Publishing Office]



107th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     107-593

======================================================================



 
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

                                _______
                                

                 July 19, 2002.--Ordered to be printed

                                _______
                                

 Mr. Young of Florida, from the committee of conference, submitted the 
                               following

                           CONFERENCE REPORT

                        [To accompany H.R. 4775]

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

                 Natural Resources Conservation Service

               WATERSHED AND FLOOD PREVENTION OPERATIONS

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

                           Rural Development

                  RURAL COMMUNITY ADVANCEMENT PROGRAM

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

                        Rural Utilities Service

            LOCAL TELEVISION LOAN GUARANTEE PROGRAM ACCOUNT

                         (INCLUDING RESCISSION)

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

                       Food and Nutrition Service

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

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

                           FOOD STAMP PROGRAM

                              (RESCISSION)

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

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                      Food and Drug Administration

                         SALARIES AND EXPENSES

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

                    GENERAL PROVISIONS--THIS CHAPTER

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

                               CHAPTER 2

                         DEPARTMENT OF JUSTICE

                         General Administration

                         SALARIES AND EXPENSES

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

             SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

                              (RESCISSION)

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

         SALARIES AND EXPENSES, UNITED STATES MARSHALS SERVICE

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

                       federal prisoner detention

                              (RESCISSION)

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

                         ASSETS FORFEITURE FUND

                              (RESCISSION)

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

                    Federal Bureau of Investigation

                         SALARIES AND EXPENSES

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

                 Immigration and Naturalization Service

                         SALARIES AND EXPENSES

                     ENFORCEMENT AND BORDER AFFAIRS

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

                              CONSTRUCTION

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

                         Federal Prison System

                        BUILDINGS AND FACILITIES

                              (RESCISSION)

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

                       Office of Justice Programs

                           JUSTICE ASSISTANCE

                         (INCLUDING RESCISSION)

    For an additional amount for ``Justice Assistance'' for 
grants, cooperative agreements, and other assistance authorized 
by sections 819 and 821 of the Antiterrorism and Effective 
Death Penalty Act of 1996 and section 1014 of the USA PATRIOT 
Act (Public Law 107-56) and for other counter-terrorism 
programs, including first responder training and equipment to 
respond to acts of terrorism, including incidents involving 
weapons of mass destruction or chemical or biological weapons, 
$151,300,000, to remain available until expended: Provided, 
That no funds under this heading shall be used to duplicate the 
Federal Emergency Management Agency Fire Grant program: 
Provided further, That the entire amount is designated by the 
Congress as an emergency requirement pursuant to section 
251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended: Provided further, That the 
entire amount shall be available only to the extent an official 
budget request that includes designation of the entire amount 
of the request as an emergency requirement as defined in the 
Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended, is transmitted by the President to the Congress.
    Of the amounts made available under this heading for the 
Office of the Assistant Attorney General for Office of Justice 
Programs, $600,000 are rescinded.

                  COMMUNITY ORIENTED POLICING SERVICES

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

              DEPARTMENT OF COMMERCE AND RELATED AGENCIES

                            RELATED AGENCIES

            Office of the United States Trade Representative

                         SALARIES AND EXPENSES

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

                         DEPARTMENT OF COMMERCE

                          Bureau of the Census

                     PERIODIC CENSUSES AND PROGRAMS

                              (RESCISSION)

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

             National Institute of Standards and Technology

             SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES

    For an additional amount for ``Scientific and Technical 
Research and Services'' for emergency expenses resulting from 
new homeland security activities and increased security 
requirements, $37,100,000, of which $20,000,000 is for a cyber-
security initiative: Provided, That the entire amount is 
designated by the Congress as an emergency requirement pursuant 
to section251(b)(2)(A) of the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended: Provided further, That 
$33,100,000 shall be available only to the extent an official budget 
request that includes designation of the $33,100,000 as an emergency 
requirement as defined in the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended, is transmitted by the President to the 
Congress.

            National Oceanic and Atmospheric Administration

                  OPERATIONS, RESEARCH, AND FACILITIES

                         (INCLUDING RESCISSION)

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

               PROCUREMENT, ACQUISITION AND CONSTRUCTION

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

                   FISHERIES FINANCE PROGRAM ACCOUNT

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

                        Departmental Management

                         SALARIES AND EXPENSES

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

                             THE JUDICIARY

                   Supreme Court of the United States

                    CARE OF THE BUILDING AND GROUNDS

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

    Courts of Appeals, District Courts, and Other Judicial Services

                         SALARIES AND EXPENSES

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

                 DEPARTMENT OF STATE AND RELATED AGENCY

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs

                    DIPLOMATIC AND CONSULAR PROGRAMS

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

               EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS

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

            EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE

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

              International Organizations and Conferences

              CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

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

        CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES

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

                             RELATED AGENCY

                    Broadcasting Board of Governors

                 INTERNATIONAL BROADCASTING OPERATIONS

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

                   BROADCASTING CAPITAL IMPROVEMENTS

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

                            RELATED AGENCIES

                      DEPARTMENT OF TRANSPORTATION

                        Maritime Administration

          MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM ACCOUNT

                              (RESCISSION)

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

                   Securities and Exchange Commission

                         SALARIES AND EXPENSES

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

                    GENERAL PROVISIONS--THIS CHAPTER

    Sec. 201. Funds appropriated by this Act for the 
Broadcasting Board of Governors and the Department of State may 
be obligated and expended notwithstanding section 15 of the 
State Department Basic Authorities Act of 1956, as amended.
    Sec. 202. Section 286(e)(3) of the Immigration and 
Nationality Act (8 U.S.C. 1356(e)(3)) is amended--
            (1) by striking ``is authorized to'' and inserting 
        ``shall''; and
            (2) by striking ``authorization'' and inserting 
        ``requirement''.
    Sec. 203. (a)(1) During fiscal year 2002 and each 
succeeding fiscal year, notwithstanding any provision of the 
Federal Rules of Criminal Procedure to the contrary, in order 
to permit victims of crimes associated with the terrorist acts 
of September 11, 2001, to watch trial proceedings in the 
criminal case against Zacarias Moussaoui, the trial court in 
that case shall order, subject to paragraph (3) and subsection 
(b), closed circuit televising of the trial proceedings to 
convenient locations the trial court determines are reasonably 
necessary, for viewing by those victims.
    (2)(A) As used in this section and subject to subparagraph 
(B), the term ``victims of crimes associated with the terrorist 
acts of September 11, 2001'' means individuals who--
            (i) suffered direct physical harm as a result of 
        the terrorist acts that occurred in New York, 
        Pennsylvania and Virginia on September 11, 2001 
        (hereafter in this section ``terrorist acts'') and were 
        present at the scene of the terrorist acts when they 
        occurred, or immediately thereafter; or
            (ii) are the spouse, legal guardian, parent, child, 
        brother, or sister of, or who as determined by the 
        court have a relationship of similar significance to, 
        an individual described in subparagraph (A)(i), if the 
        latter individual is under 18 years of age, 
        incompetent, incapacitated, has a serious injury, or 
        disability that requires assistance of another person 
        for mobility, or is deceased.
    (B) The term defined in paragraph (A) shall not apply to an 
individual who participated or conspired in one or more of the 
terrorist acts.
    (3) Nothing in this section shall be construed to eliminate 
or limit the district court's discretion to control the manner, 
circumstances, or availability of the broadcast where necessary 
to control the courtroom or protect the integrity of the trial 
proceedings or the safety of the trial participants. The 
district court's exercise of such discretion shall be entitled 
to substantial deference.
    (b) Except as provided in subsection (a), the terms and 
restrictions of section 235(b), (c), (d) and (e) of the 
Antiterrorism and Effective Death Penalty Act of 1996 (42 
U.S.C. 10608(b), (c), (d), and (e)), shall apply to the 
televising of trial proceedings under this section.
    Sec. 204. Title II of Public Law 107-77 is amended in the 
second undesignated paragraph under the heading ``Department of 
Commerce, National Institute of Standards and Technology, 
Industrial Technology Services'' by striking ``not to exceed 
$60,700,000 shall be available for the award of new grants'' 
and inserting ``not less than $60,700,000 shall be used before 
October 1, 2002 for the award of new grants''.
    Sec. 205. None of the funds appropriated or otherwise made 
available by this Act or any other Act may be used to 
implement, enforce, or otherwise abide by the Memorandum of 
Agreement signed by the Federal Trade Commission and the 
Antitrust Division of the Department of Justice on March 5, 
2002.
    Sec. 206. Public Law 106-256 is amended in section 3(f)(1) 
by striking ``within 18 months of the establishment of the 
Commission'' and inserting ``by June 20, 2003''.
    Sec. 207. The American Section, International Joint 
Commission, United States and Canada, is authorized to receive 
funds from the United States Army Corps of Engineers for the 
purposes of conducting investigations, undertaking studies, and 
preparing reports in connection with a reference to the 
International Joint Commission on the Devils Lake project 
mentioned in Public Law 106-377.
    Sec. 208. Section 282(a)(2)(D) of the Agricultural 
Marketing Act of 1946 is amended to read as follows:
                    ``(D) in the case of wild fish, is--
                            ``(i) harvested in the United 
                        States, a territory of the United 
                        States, or a State, or by a vessel that 
                        is documented under chapter 121 of 
                        title 46, United States Code, or 
                        registered in the United States; and
                            ``(ii) processed in the United 
                        States, a territory of the United 
                        States, or a State, including the 
                        waters thereof, or aboard a vessel that 
                        is documented under chapter 121 of 
                        title 46, United States Code, or 
                        registered in the United States; and''.
    Sec. 209. Of the amounts appropriated in Public Law 107-77, 
under the heading ``Department of Commerce, National Oceanic 
and Atmospheric Administration, Operations, Research, and 
Facilities'', for coral reef programs, $2,500,000, for a 
cooperative agreement with the National Defense Center of 
Excellence for Research in Ocean Sciences to conduct coral 
mapping in the waters of the Hawaiian Islands and the 
surrounding Exclusive Economic Zone in accordance with the 
mapping implementation strategy of the United States Coral Reef 
Task Force.
    Sec. 210. In addition to amounts appropriated or otherwise 
made available by this Act or any other Act, $11,000,000 is 
appropriated to enable the Secretary of Commerce to provide 
economic assistance to fishermen and fishing communities 
affected by Federal closures and fishing restrictions in the 
New England groundfish fishery, to remain available until 
September 30, 2003.
    Sec. 211. In addition to amounts appropriated or otherwise 
made available by this Act or any other Act, $5,000,000 shall 
be provided for a National Oceanic and Atmospheric 
Administration cooperative research program in Massachusetts, 
New Hampshire, Maine and Rhode Island, to remain available 
until expended: Provided, That of this amount $500,000 shall be 
for the cost of a reduction loan as authorized under sections 
1111 and 1112 of title XI of the Merchant Marine Act, 1936, (46 
U.S.C. App. 1279g) to carry out a New England groundfish 
fishing capacity reduction program under section 312(b) of the 
Magnuson-Stevens Fishery Conservation and Management Act (16 
U.S.C. 1861a(b)) that shall--
            (1) permanently revoke all fishery licenses, 
        fishery permits, area and species endorsements, and any 
        other fishery privileges issued to a vessel or vessels 
        (or to persons on the basis of their operation or 
        ownership of that vessel or vessels) removed under the 
        program; and
            (2) ensure that vessels removed under the program 
        are made permanently ineligible to participate in any 
        fishery worldwide, and that the owners of such vessels 
        will operate only under the United States flag or be 
        scrapped as a reduction vessel pursuant to section 
        600.1011(c) of title 50, Code of Federal Regulations.
    Sec. 212. Of the amounts appropriated in Public Law 107-77, 
under the heading ``Department of Commerce, National Oceanic 
and Atmospheric Administration, Operations, Research, and 
Facilities'', for Oregon groundfish cooperative research, 
$500,000 shall be for the cost of a reduction loan as 
authorized under sections 1111 and 1112 of title XI of the 
Merchant Marine Act, 1936 (46 U.S.C. App. 1279f and 1279g) to 
carry out a West Coast groundfish fishing capacity reduction 
program under section 312(b) of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1861a(b)) that 
shall--
            (1) permanently revoke all fishery licenses, 
        fishery permits, area and species endorsements, and any 
        other fishery privileges issued to a vessel or vessels 
        (or to persons on the basis of their operation or 
        ownership of that vessel or vessels) removed under the 
        program; and
            (2) ensure that vessels removed under the program 
        are made permanently ineligible to participate in any 
        fishery worldwide, and that the owners of such vessels 
        will operate only under the United States flag or be 
        scrapped as a reduction vessel pursuant to section 
        600.1011(c) of title 50, Code of Federal Regulations.
    Sec. 213. Amounts appropriated by title V of Public Law 
107-77 under the heading ``National Veterans Business 
Development Corporation'' (115 Stat. 795) shall remain 
available until expended.

                               CHAPTER 3

                         DEPARTMENT OF DEFENSE

                           MILITARY PERSONNEL

                     Military Personnel, Air Force

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

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

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

                    Operation and Maintenance, Navy

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

                  Operation and Maintenance, Air Force

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

                Operation and Maintenance, Defense-Wide

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

                    Defense Emergency Response Fund

                     (INCLUDING TRANSFER OF FUNDS)

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

                              PROCUREMENT

                        Other Procurement, Army

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

                       Aircraft Procurement, Navy

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

            Procurement of Ammunition, Navy and Marine Corps

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

                        Other Procurement, Navy

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

                       Procurement, Marine Corps

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

                    Aircraft Procurement, Air Force

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

                  Procurement of Ammunition, Air force

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

                      Other Procurement, Air Force

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

                       Procurement, Defense-Wide

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

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Army

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

            Research, Development, Test and Evaluation, Navy

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

         Research, Development, Test and Evaluation, Air Force

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

        Research, Development, Test and Evaluation, Defense-Wide

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

                    GENERAL PROVISIONS--THIS CHAPTER

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

                             (RESCISSIONS)

    Sec. 307. Of the funds available in Department of Defense 
Appropriations Acts or otherwise available to the Department of 
Defense, the following funds are hereby rescinded, from the 
following accounts in the specified amounts:
            ``Other Procurement, Air Force'', 2001/2003, 
        $12,500,000;
            ``Missile Procurement, Air Force'', 2002/2004, 
        $11,600,000;
            ``Other Procurement, Air Force'', 2002/2004, 
        $52,500,000;
            ``Procurement, Defense-Wide'', 2002/2004, 
        $30,000,000; and
            ``Research, Development, Test and Evaluation, Air 
        Force'', 2002/2003, $56,500,000.
    Sec. 308. During the current fiscal year and hereafter, 
section 2533a of title 10, United States Code, shall not apply 
to any transaction entered into to acquire or sustain aircraft 
under the authority of section 8159 of the Department of 
Defense Appropriations Act, 2002 (division A of Public Law 107-
117; 115 Stat. 2284).
    Sec. 309. The Secretary of the Army shall obligate and 
expend the $2,000,000 appropriated for the Army by Public Law 
107-117 for procurement of smokeless nitrocellulose under 
Activity 1, instead of under Activity 2, Production Base 
Support Industrial Facilities, for the purpose of preserving a 
commercially owned and operated capability of producing defense 
grade nitrocellulose at the rate of at least 10,000,000 pounds 
per year in order to preserve a commercial manufacturing 
capability for munitions precursor supplies for the High Zone 
Modular Artillery Charge System and to preserve competition in 
that manufacturing capability.
    Sec. 310. Not later than 15 days after the date of the 
enactment of this Act, the Secretary of Defense shall obligate, 
from funds made available in title II of division A of Public 
Law 107-117 under the heading ``Operation and Maintenance, 
Defense-Wide'' (115 Stat. 2233), $4,000,000 for a grant to 
support the conversion of the Naval Security Group, Winter 
Harbor (the naval base on Schoodic Peninsula), Maine, to 
utilization as a research and education center for Acadia 
National Park, Maine, including the preparation of a plan for 
the reutilization of the naval base for such purpose that will 
benefit communities in the vicinity of the naval base and 
visitors to Acadia National Park and will stimulate important 
research and educational activities.
    Sec. 311. Of the amount available for fiscal year 2002 for 
the Army National Guard for operation and maintenance, 
$2,200,000 shall be made available for the Army National Guard 
for information operations, information assurance operations, 
and training for such operations.

                              (RESCISSION)

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

                              (RESCISSION)

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

                               CHAPTER 4

                          DISTRICT OF COLUMBIA

                             FEDERAL FUNDS

       Federal Payment to the Children's National Medical Center

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

              Federal Payment to the District of Columbia

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

 Federal Payment to the Washington Metropolitan Area Transit Authority

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

 Federal Payment to the Metropolitan Washington Council of Governments

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

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

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

                  Federal Payment for Family Court Act

                         (INCLUDING RESCISSION)

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

                       DISTRICT OF COLUMBIA FUNDS

                           OPERATING EXPENSES

                          Division of Expenses

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

                   Governmental Direction and Support

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

                       Public Safety and Justice

                              (RESCISSION)

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

                    Corrections Information Council

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

                        Public Education System

                              (RESCISSION)

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

                         Human Support Services

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

                    Repayment of Loans and Interest

                              (RESCISSION)

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

                     Certificates of Participation

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

                       ENTERPRISE AND OTHER FUNDS

                       Water and Sewer Authority

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

                    GENERAL PROVISIONS--THIS CHAPTER

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

                               CHAPTER 5

                      DEPARTMENT OF DEFENSE--CIVIL

                         Department of the Army

                       Corps of Engineers--Civil

                   Operation and Maintenance, General

    For an additional amount for ``Operation and Maintenance, 
General'' for emergency expenses, $108,200,000, to remain 
available until September 30, 2003: Provided, That the entire 
amount shall be available only to the extent an official budget 
request that includes designation of the entire amount of the 
request as an emergency requirement as defined in the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended, 
is transmitted by the President to the Congress: Provided 
further, That the entire amount is designated by the Congress 
as an emergency requirement pursuant to section 251(b)(2)(A) of 
the Balanced Budget and Emergency Deficit Control Act of 1985, 
as amended: Provided further, That funds made available under 
this heading in this Act and in Public Law 107-117 may be used 
to fund measures and activities undertaken by the Secretary of 
the Army, acting through the Chief of Engineers, to protect and 
secure any infrastructure owned or operated by, or on behalf 
of, the U.S. Army Corps of Engineers, including administrative 
buildings and facilities; and, in addition, $32,000,000, to 
remain available until expended: Provided, That using the funds 
appropriated herein, the Secretary of the Army, acting through 
the Chief of Engineers, is directed to repair, restore, and 
clean-up Corps' projects and facilities and dredge navigation 
channels, restore and clean out area streams, provide emergency 
streambank protection, restore other crucial public 
infrastructure (including sewer and water facilities), document 
flood impacts and undertake other flood recovery efforts deemed 
necessary and advisable by the Chief of Engineers: Provided 
further, That $10,000,000 of the funds provided shall be for 
Southern West Virginia, Eastern Kentucky, and Southwestern 
Virginia: Provided further, That the remaining $22,000,000 
shall be available for Western Illinois, Southern Indiana, 
Eastern Missouri, and the Upper Peninsula of Michigan.

                       DEPARTMENT OF THE INTERIOR

                         Bureau of Reclamation

                      WATER AND RELATED RESOURCES

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

                          DEPARTMENT OF ENERGY

                            ENERGY PROGRAMS

                                Science

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

                    ATOMIC ENERGY DEFENSE ACTIVITIES

                National Nuclear Security Administration

                           WEAPONS ACTIVITIES

                         (INCLUDING RESCISSION)

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

                    DEFENSE NUCLEAR NONPROLIFERATION

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

                      OFFICE OF THE ADMINISTRATOR

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

               ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES

         Defense Environmental Restoration and Waste Management

                         (INCLUDING RESCISSION)

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

                  Defense Facilities Closure Projects

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

                        Other Defense Activities

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

                    GENERAL PROVISIONS--THIS CHAPTER

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

                               CHAPTER 6

                     BILATERAL ECONOMIC ASSISTANCE

                  Funds Appropriated to the President

           UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

                CHILD SURVIVAL AND HEALTH PROGRAMS FUND

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

                   INTERNATIONAL DISASTER ASSISTANCE

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

   OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR INTERNATIONAL 
                              DEVELOPMENT

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

                  Other Bilateral Economic Assistance

                         ECONOMIC SUPPORT FUND

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

    ASSISTANCE FOR THE INDEPENDENT STATES OF THE FORMER SOVIET UNION

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

                          Department of State

          INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT

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

                    MIGRATION AND REFUGEE ASSISTANCE

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

    NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED PROGRAMS

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

                          MILITARY ASSISTANCE

                  Funds Appropriated to the President

                   FOREIGN MILITARY FINANCING PROGRAM

    For an additional amount for ``Foreign Military Financing 
Program'' for emergency expenses for activities related to 
combating international terrorism, $387,000,000, to remain 
available until June 30, 2003: Provided, That funds made 
available by this Act for assistance for the Government of 
Uzbekistan may be made available if the Secretary of State 
determines and reports to the Committees on Appropriations that 
the Government of Uzbekistan is making substantial and 
continuing progress in meeting its commitments under the 
``Declaration on the Strategic Partnership and Cooperation 
Framework Between the Republic of Uzbekistan and the United 
States of America'': Provided further, That the entire amount 
is designated by the Congress as an emergency requirement 
pursuant to section 251(b)(2)(A) of the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended: Provided 
further, That $30,000,000 shall be available only to the extent 
an official budget request, that includes designation of 
$30,000,000 for the Philippines as an emergency requirement as 
defined in the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended, is transmitted by the President to the 
Congress: Provided further, That the Secretary of State shall 
inform the Committees on Appropriations at least 15 days prior 
to the obligation of funds appropriated by this paragraph: 
Provided further, That funds appropriated under this heading, 
and funds appropriated under this heading in prior Acts that 
are made available for the purposes of this paragraph, may be 
made available notwithstanding section 512 of the Foreign 
Operations, Export Financing, and Related Programs 
Appropriations Act, 2002 or any similar provision of law: 
Provided further, That not to exceed $2,000,000 of the funds 
appropriated in this paragraph may be obligated for necessary 
expenses, including the purchase of passenger motor vehicles 
for use outside of the United States, for the general cost of 
administering military assistance and sales.

                        PEACEKEEPING OPERATIONS

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

                    EXPORT AND INVESTMENT ASSISTANCE

                Export-Import Bank of the United States

                              (RESCISSION)

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

                     BILATERAL ECONOMIC ASSISTANCE

                  Funds Appropriated to the President

                              (RESCISSION)

    Of the funds appropriated to carry out the provisions of 
parts I and II of the Foreign Assistance Act of 1961, the 
Support for East European Democracy (SEED) Act of 1989, and the 
FREEDOM Support Act, in title II of the Foreign Operations, 
Export Financing, and Related Programs Appropriations Act, 2000 
(as contained in Public Law 106-113) and in prior Acts making 
appropriations for foreign operations, export financing, and 
related programs, $60,000,000 are rescinded: Provided, That 
notmore than a total of $25,000,000 may be rescinded from funds 
appropriated under the heading ``Development Assistance'' in said Acts: 
Provided further, That no rescission may be made from funds 
appropriated to carry out the provisions of section 104(c) of the 
Foreign Assistance Act of 1961.

                    MULTILATERAL ECONOMIC ASSISTANCE

                  Funds Appropriated to the President

                  INTERNATIONAL FINANCIAL INSTITUTIONS

                              (RESCISSION)

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

                    GENERAL PROVISIONS--THIS CHAPTER

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

          DONATED SHIPMENT OF HUMANITARIAN ASSISTANCE OVERSEAS

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

       REPORTS ON AFGHANISTAN SECURITY AND DELIVERY OF ASSISTANCE

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

                               CHAPTER 7

                       DEPARTMENT OF THE INTERIOR

                       Bureau of Land Management

                   MANAGEMENT OF LANDS AND RESOURCES

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

                United States Fish and Wildlife Service

                          RESOURCE MANAGEMENT

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

                              CONSTRUCTION

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

                         National Park Service

                 OPERATION OF THE NATIONAL PARK SYSTEM

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

                              CONSTRUCTION

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

                    United States Geological Survey

                 SURVEYS, INVESTIGATIONS, AND RESEARCH

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

                        Bureau of Indian Affairs

                      OPERATION OF INDIAN PROGRAMS

                    (INCLUDING RESCISSION OF FUNDS)

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

                          Departmental Offices

                        Departmental Management

                         SALARIES AND EXPENSES

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

                       DEPARTMENT OF AGRICULTURE

                             Forest Service

                        WILDLAND FIRE MANAGEMENT

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

                  CAPITAL IMPROVEMENT AND MAINTENANCE

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

                             RELATED AGENCY

                        Smithsonian Institution

                         SALARIES AND EXPENSES

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

                              CONSTRUCTION

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

                    GENERAL PROVISIONS--THIS CHAPTER

    Sec. 701. Within 10 days of enactment of this Act, funds 
appropriated to the Forest Service under the heading ``Wildland 
Fire Management'' in Public Law 107-63 for the following 
purposes: $5,000,000 for research activities and $10,000,000 
for capital improvement and maintenance of fire facilities, 
shall be released and made available for immediate obligation. 
These funds are not available for transfer for purposes other 
than those described in this section.
    Sec. 702. None of the funds appropriated in this or any 
other Act, except funds appropriated to the Office of 
Management and Budget, shall be available to study the transfer 
of any research activities from the Smithsonian Institution to 
the National Science Foundation.
    Sec. 703. In fiscal year 2002 and thereafter, the Secretary 
of the Interior may charge reasonable fees for services 
provided at Midway Atoll National Wildlife Refuge, including 
fuel sales, and retain those fees, to be credited to the United 
States Fish and Wildlife Service, ``Resource Management'' 
account and remain available until expended for operation and 
maintenance of infrastructure and staffing required for non-
refuge specific needs, including meeting the terms necessary 
for an airport operating certificate and the purchase of fuel 
supplies.
    Sec. 704. The Department of the Interior and Related 
Agencies Appropriations Act, 2002 (Public Law 107-63), under 
the head ``Minerals Management Service, Royalty and Offshore 
Minerals Management'' is amended by striking the word ``and'' 
immediately following the word ``points,'' in the sixth 
proviso, and by inserting immediately after the word 
``program'' in the sixth proviso ``, or under its authority to 
transfer oil to the Strategic Petroleum Reserve,'', and by 
inserting at the end of the sixth proviso immediately preceding 
the colon, the following, ``and to recover MMS transportation 
costs, salaries and other administrative costs directly related 
to filling the Strategic Petroleum Reserve''.
    Sec. 705. In entering into agreements with foreign 
countries pursuant to the Wildfire Suppression Assistance Act 
(42 U.S.C. 1856m) the Secretary of Agriculture and the 
Secretary of the Interior are authorized to enter into 
reciprocal agreements in which the individuals furnished under 
said agreements to provide wildfire services are considered, 
for purposes of tort liability, employees of the country 
receiving said services when the individuals are fighting 
fires. The Secretary of Agriculture or the Secretary of the 
Interior shall not enter into any agreement under this 
provision unless the foreign country (either directly or 
through its fire organization) agrees to assume any and all 
liability for the acts or omissions of American firefighters 
engaged in firefighting in a foreign country. When an agreement 
is reached for furnishing fire fighting services, the only 
remedies for acts or omissions committed while fighting fires 
shall be those provided under the laws of the host country and 
those remedies shall be the exclusive remedies for any claim 
arising out of fighting fires in a foreign country. Neither the 
sending country nor any organization associated with the 
firefighter shall be subject to any action whatsoever 
pertaining to or arising out of fighting fires.
    Sec. 706. (a) Findings.--Congress finds that--
            (1) forest health conditions within the Beaver Park 
        Area and the Norbeck Wildlife Preserve within the Black 
        Hills National Forest are deteriorating and immediate 
        action to treat these areas is in the public interest;
            (2) the existing settlement agreement in 
        Biodiversity Associates v. Laverty, Civil Action No. 
        99-N-2173, filed in the United States District Court for 
        the District of Colorado on September 12, 2000, (referred to 
        in this Act as the ``Settlement'') prevents timely action to 
        reduce the risk of wildfire in the Beaver Park Roadless Area;
            (3) pending litigation (Sierra Club v. U.S. Forest 
        Service, Civ. No. 94-D-2273 (D. Colorado)) prevents 
        timely action to reduce the risk of wildfire in the 
        Norbeck Wildlife Preserve;
            (4) existing administrative and legal processes 
        cannot address the fire danger in time to enable the 
        Secretary of Agriculture to take action to reduce the 
        danger;
            (5) immediate action to address the fire danger in 
        an environmentally responsive manner is supported by 
        the State, local counties, local industry users, and 
        some environmental groups;
            (6) the addition of 3,600 acres to the Black Elk 
        Wilderness in the Black Hills National Forest is in the 
        public interest;
            (7) the State of South Dakota, Lawrence, Meade and 
        Pennington County fire officials are encouraged to 
        identify ``fire emergency zone'' areas in which public 
        safety may require a moratorium on issuance of new 
        building permits, and identify the changes in 
        conditions (including the adoption of fire-safe 
        building standards) that may be needed to end these 
        moratoria; and
            (8) the State of South Dakota is encouraged to take 
        actions as necessary to create a defensible fuel zone 
        within state lands south and southwest of Sturgis.
    (b) Purposes.--The purposes of this Section are--
            (1) to authorize and direct the Secretary of 
        Agriculture (in this Section referred to as the 
        ``Secretary'') to undertake actions to address promptly 
        the risk of fire and insect infestation; and
            (2) to designate an addition to the existing Black 
        Elk Wilderness Area in the Black Hills National Forest.
    (c) Fire and Beetle Risk Reduction in Existing Timber Sale 
Analysis Areas.--
            (1) In general.--Subject to paragraph (2), the 
        Secretary is authorized to treat additional timber 
        within or outside the existing cutting units for the 
        Piedmont, Kirk, Redhill, Cavern, Deadman, Danno and 
        Vanocker timber sales and within the analysis areas for 
        these sales as is necessary to reduce beetle 
        infestation and fire hazard;
            (2) Criteria.--In implementing additional 
        treatments within the timber sale analysis areas 
        referred to in paragraph (1), the Secretary shall use 
        in order of priority the following criteria:
                    (A) Areas within \1/4\ mile of private 
                properties where private property owners have 
                taken or are taking actions to treat their 
                lands.
                    (B) Stands that are a fire hazard or insect 
                infested, and are near private lands or in 
                proximity to communities.
                    (C) Areas that have the highest intensity 
                or concentration of insect infestation that 
                will move to other areas.
                    (D) Stands that are a fire hazard or insect 
                infested, and are near areas of high resource 
                value where retaining green trees is important, 
                such as goshawk nests, sensitive landscapes, 
                recreation areas, and developments.
                    (E) Stands that are a high fire hazard or 
                insect infested, and are within skidding 
                distance of existing roads.
                    (F) Concentrations of insect infested 
                trees.
                    (G) Stands with the highest density that 
                are most susceptible to insect attack and are 
                in close proximity to infested trees.
            (3) Additional criteria.--In carrying out this 
        subsection, the Secretary shall ensure that--
                    (A) any additional treatment for the 
                Cavern, Kirk, and Piedmont sales shall comply 
                with provisions 6c, d and e of the Settlement;
                    (B) any additional treatment for the 
                Deadman and Vanocker sales, shall be consistent 
                with the Black Hills Forest Plan, including the 
                ``Phase I Amendment''; and
                    (C) any additional treatment for the 
                Redhill and Danno sales shall comply with the 
                provisions of 7b, c, and g of the Settlement.
            (4) Skid trails.--Notwithstanding the Settlement, 
        the Secretary may authorize access by skid trails to 
        the additional treatment areas referred to in this 
        subsection to remove or treat infested stands, except 
        that the skid trails otherwise restricted by the 
        settlement shall be restored to pre-existing conditions 
        upon completion of treatment activities.
            (5) Completion of treatment activities.--The 
        Secretary shall request timber purchasers to give 
        priority to completing treatment within the Piedmont, 
        Kirk, Redhill, Cavern, Deadman, Danno, and Vanocker 
        timber sale areas to address fire issues and beetle 
        outbreaks.
    (d) Other Treatments.--
            (1) Buffer zones.--The Secretary is authorized to 
        reduce risk to private property adjoining the Black 
        Hills National Forest by treating insect infested 
        trees, dead trees, and downed woody materials on 
        National Forest System lands in T5N, R5E, BHM, Section 
        35, and T4N, R5E, BHM, Sections 1, 2 and 12 within 200 
        feet of adjacent private property. The treatments shall 
        comply with the goshawk nest protections and snail 
        protections in provisions 6c and 7g of the Settlement.
            (2) Additional treatments.--The Secretary is 
        authorized to treat for insects and fuel reduction 
        National Forest System lands within \1/4\ mile of 
        private property and other non-National Forest System 
        lands near the community of Sturgis, and shall include, 
        where feasible, the following locations:
                    (A) in T5N, R5E, BHM within \1/4\ mile of 
                the exterior boundary of the Black Hills 
                National Forest in--
                            (i) Section 35;
                            (ii) Section 27;
                            (iii) Section 21;
                            (iv) Section 20; and
                            (v) Section 18.
                    (B) in T5N, R4E, BHM--
                            (i) Section 13;
                            (ii) Section 11;
                            (iii) Section 2;
                            (iv) Section 3; and
                            (v) Section 4.
            (3) Fuel breaks.--The Secretary shall establish 
        400-foot fuel breaks as depicted on the map entitled 
        ``Beaver Park Fuel Breaks and Fuel Treatment Areas,'' 
        dated June 11, 2002. In establishing the fuel breaks, 
        the Secretary--
                    (A) shall not enter any 30-acre area around 
                historic or active goshawk nest sites 
                identified in Exhibit B1 of the Settlement; and
                    (B) shall use best efforts to retain the 
                largest green trees and large snags.
            (4) Limitation.--Treatment actions outside of the 
        Beaver Park Roadless Area authorized by subsection (c) 
        and subsection (d)(1), (2), and (3) shall be limited to 
        no more than 8,000 acres of National Forest System 
        land, pending the issuance of a decision on the 
        proposed Elk Bugs and Fuel project.
            (5) Forbes gulch.--To reduce concentrated heavy 
        fuels, the Secretary is authorized to treat not more 
        than 700 acres within the area identified as Forbes 
        Gulch on the map referred to in paragraph (3). Such 
        treatments shall not involve commercial timber sales or 
        road construction, except that the Secretary may permit 
        firewood cutters to remove the timber without 
        construction of any roads. In carrying out the 
        treatments authorized by this paragraph, the 
        Secretary--
                    (A) may use the Forbes Gulch unclassified 
                road for motorized equipment and vehicles to 
                facilitate ingress and egress of equipment and 
                personnel and may maintain this road to minimum 
                standards necessary for safety and resource 
                protection;
                    (B) may utilize helicopters to fly in heavy 
                equipment (such as industrial chippers and 
                small tractors) to assist with the project;
                    (C) shall use best efforts to retain the 
                largest green trees and large snags;
                    (D) may construct two 10-acre safety zones; 
                and
                    (E) shall reduce the stand structure to no 
                less than 40 square feet basal area per acre of 
                live trees, if available.
    (e) Fire Suppression Access in the Beaver Park Roadless 
Area.--
            (1) Pre-suppression plan.--The pre-suppression plan 
        for the Beaver Park Roadless Area provided for in the 
        Settlement may provide for actions authorized by this 
        section, and shall be completed as soon as practicable.
            (2) Improved access.--The Secretary is authorized 
        to provide for improved fire equipment access at the 
        perimeter of the Beaver Park Roadless Area by improving 
        classified Forest Roads 139.1, 169.1b, 169.1d, and 
        139.1b. Such improvements shall be the minimum 
        necessary for crews, equipment and single axle wildfire 
        trucks and may include removing selected trees along 
        roads, constructing pull-outs and turn-arounds, 
        smoothing road surfaces in rough spots, and 
        straightening some corners.
            (3) Forbes gulch unclassified road.--To protect 
        public safety and reduce fire risks, the Secretary 
        shall prohibit public access year-long on the Forbes 
        Gulch unclassified road. The Secretary shall conduct a 
        roads analysis process as provided in Forest Service 
        Manual 7710 and the necessary level of analysis and 
        documentation pursuant to the National Environmental 
        Policy Act of 1969 (42 U.S.C. 4321-4347) (in this 
        Section referred to as ``NEPA'') before making a 
        decision to open to public motor vehicle use the Forbes 
        Gulch unclassified road identified on the map entitled 
        ``Beaver Park Fuel Breaks and Fuel Treatment Areas,'' 
        dated June 11, 2002. Except as provided in subsection 
        (d)(5) and until a decision is issued, the Secretary 
        shall not maintain the Forbes Gulch unclassified road 
        and shall prohibit public access on the road.
            (4) Helispots.--If sufficient openings for 
        helispots are not available in the Beaver Park Roadless 
        Area, the Secretary is authorized to construct two 5-
        acre helispots within the Area to transport 
        firefighters and fire equipment into and out of the 
        area.
            (5) Easements.--To facilitate firefighter access 
        into, and escape routes from, Beaver Park Roadless 
        Area, the Secretary shall attempt to acquire easements 
        from the exterior Forest Service boundary to I-90 on 
        the eastern side of Beaver Park Roadless Area, at a 
        minimum, along Tilford Gulch, Forbes Gulch, Pleasant 
        Valley and Bulldog Gulch.
    (f) Needles Timber Sale Area.--
            (1) Needles timber sale.--The Needles Timber Sale 
        shall proceed after the Secretary makes modifications 
        in implementation of the Decision Notice to further 
        benefit game animals and birds, as reflected in the 
        memorandum known as the ``Burns/Carter memorandum'' 
        dated November 10, 1999, and maintained in the Black 
        Hills National Forest Supervisor's office. The 
        standards to which any road is constructed for the 
        timber sale shall be the minimum necessary to access 
        and remove timber.
            (2) Research committee.--By December 1, 2003, the 
        Secretary shall select a committee composed of research 
        scientists who are federal employees to recommend an 
        old growth research area within the Needles area 
        (outside the Needles Timber Sale cutting units). By 
        December 1, 2004, the committee shall make its 
        recommendation to the Secretary. The committee's 
        recommendation shall be subject to public notice, 
        review and comment.
    (g) Grizzly Timber Sale.--The Grizzly Timber Sale shall 
proceed after the Secretary makes modifications in 
implementation of the Decision Notice to further benefit game 
animals and birds, as reflected in the memorandum known as the 
``Burns/Carter memorandum'' dated November 10, 1999, and 
maintained in the Black Hills National Forest Supervisor's 
office. The standards to which any road is constructed for the 
timber sale shall be the minimum necessary to access and remove 
timber.
    (h) Norbeck.--The Secretary is authorized to use the full 
spectrum of management tools including prescribed fire and 
silvicultural treatments to benefit game animal and bird 
habitat in meeting the purposes of the Norbeck Organic Act. The 
management actions required by subsections (f)(1) and (g) are 
deemed consistent with the Norbeck Organic Act (16 U.S.C. 675-
678b).
    (i) Norbeck Memorandum of Understanding.--By December 1, 
2003, the Secretary shall propose a Memorandum of Understanding 
with the South Dakota Department of Game, Fish and Parks to, at 
a minimum, adopt procedures to monitor the effects of 
management activities, consult on habitat management, concur on 
program areas of responsibility, and review and recommend as 
needed any changes to Norbeck Wildlife Preserve direction 
contained in the 1997 Revised Forest Plan and future plan 
amendments and revisions. The basis of the MOU will be the 
guidelines set forth in the May 21, 2002 memo by SDF&P.
    (j) Process.--Due to the extraordinary circumstances 
present here, actions authorized by this section shall proceed 
immediately and to completion notwithstanding any other 
provision of law including, but not limited to, NEPA and the 
National Forest Management Act (16 U.S.C. 1601 et seq.). Such 
actions shall also not besubject to the notice, comment, and 
appeal requirements of the Appeals Reform Act, (16 U.S.C. 1612 (note), 
Pub. Law No. 102-381 sec. 322). Any action authorized by this Section 
shall not be subject to judicial review by any court of the United 
States. Except as provided by this Section the Settlement remains in 
full force and effect.
    (k) Effect of Actions.--Except for those actions required 
by subsections (f)(1) and (g), the Secretary shall disclose the 
effect of actions authorized by this Section in the proposed 
Elk Bugs and Fuels project cumulative effects analysis for 
past, present, and reasonably foreseeable future actions. The 
decision for the Elk Bugs and Fuels project shall be issued not 
later than July 1, 2003.
    (l) Research Natural Area.--Except as provided in this 
Section, the Secretary shall undertake no additional ground 
disturbing or vegetation removal activities within the Beaver 
Park Roadless Area until completion of the Phase II amendment 
to the Black Hills National Forest Plan. The Secretary shall 
analyze the Beaver Park Roadless Area for suitability as a 
Research Natural Area, as required by the Settlement. The 
Secretary shall not consider any of the actions authorized or 
required by this section to affect the suitability of the 
Beaver Park Roadless Area for designation as a Research Natural 
Area.
    (m) Roadless Character.--The actions authorized by this 
section will not affect the determination of the Beaver Park 
Roadless Area's wilderness capability, wilderness suitability, 
and/or roadless character.
    (n) Wilderness Designation.--Section 103 of Public Law 96-
560 is amended by--
            (1) inserting ``(1)'' after ``National Wilderness 
        Preservation System:''; and
            (2) adding before ``: Provided, That'' the 
        following: ``; and (2) certain lands in the Black Hills 
        National Forest, South Dakota, which comprise 
        approximately three thousand six hundred acres, as 
        generally depicted on a map entitled `Black Elk 
        Wilderness Addition-Proposed,' dated June 13, 2002, and 
        which shall constitute an addition to the existing 
        Black Elk Wilderness''.
    (o) Reporting.--The Secretary shall report to the Congress 
on the implementation of this section on or by November 30, 
2002, June 30, 2003, and November 30, 2003.

                               CHAPTER 8

                          DEPARTMENT OF LABOR

             Occupational Safety and Health Administration

                         SALARIES AND EXPENSES

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

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

              Health Resources and Services Administration

                     HEALTH RESOURCES AND SERVICES

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

               Centers for Disease Control and Prevention

                DISEASE CONTROL, RESEARCH, AND TRAINING

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

                     National Institutes of Health

                        BUILDINGS AND FACILITIES

                         (INCLUDING RESCISSION)

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

                Administration for Children and Families

              CHILDREN AND FAMILIES SERVICES AND PROGRAMS

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

                        Office of the Secretary

            PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND

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

                        DEPARTMENT OF EDUCATION

                      SCHOOL IMPROVEMENT PROGRAMS

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

                      STUDENT FINANCIAL ASSISTANCE

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

                            HIGHER EDUCATION

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

             EDUCATION RESEARCH, STATISTICS, AND ASSESSMENT

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

                    GENERAL PROVISIONS--THIS CHAPTER

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

                               CHAPTER 9

                           LEGISLATIVE BRANCH

                        HOUSE OF REPRESENTATIVES

                         Salaries and Expenses

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

                          Committee Employees

                Standing Committees, Special and Select

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

                              JOINT ITEMS

                          Capitol Police Board

                             Capitol Police

                            GENERAL EXPENSES

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

                          LIBRARY OF CONGRESS

                            Copyright Office

                         SALARIES AND EXPENSES

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

                       Administrative Provisions

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

                               CHAPTER 10

                         DEPARTMENT OF DEFENSE

                         MILITARY CONSTRUCTION

                    Military Construction, Air Force

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

                  Military Construction, Defense-wide

                     (INCLUDING TRANSFER OF FUNDS)

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

                    GENERAL PROVISION--THIS CHAPTER

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

                               CHAPTER 11

                      DEPARTMENT OF TRANSPORTATION

                        Office of the Secretary

              TRANSPORTATION ADMINISTRATIVE SERVICE CENTER

                      (LIMITATION ON OBLIGATIONS)

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

                 Transportation Security Administration

                     (INCLUDING TRANSFER OF FUNDS)

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

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

                            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 requirementpursuant to section 251(b)(2)(A) of 
the Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended: Provided further, That of such amount, $11,000,000 shall be 
available only to the extent an official budget request that includes 
designation of the $11,000,000 as an emergency requirement as defined 
in such Act is transmitted by the President to the Congress.

              ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

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

                    Federal Aviation Administration

                               OPERATIONS

                     (INCLUDING TRANSFER OF FUNDS)

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

                        FACILITIES AND EQUIPMENT

                    (AIRPORT AND AIRWAY TRUST FUND)

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

                       GRANTS-IN-AID FOR AIRPORTS

                    (AIRPORT AND AIRWAY TRUST FUND)

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

                     Federal Highway Administration

                          FEDERAL-AID HIGHWAYS

                        EMERGENCY RELIEF PROGRAM

                          (HIGHWAY TRUST FUND)

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

                          FEDERAL-AID HIGHWAYS

                          (HIGHWAY TRUST FUND)

                              (RESCISSION)

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

                          FEDERAL-AID HIGHWAYS

                        EMERGENCY RELIEF PROGRAM

                          (HIGHWAY TRUST FUND)

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

              Federal Motor Carrier Safety Administration

                       BORDER ENFORCEMENT PROGRAM

                          (HIGHWAY TRUST FUND)

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

                      HAZARDOUS MATERIALS SECURITY

                          (HIGHWAY TRUST FUND)

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

                    Federal Railroad Administration

         GRANTS TO THE NATIONAL RAILROAD PASSENGER CORPORATION

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

                     Federal Transit Administration

                       CAPITAL INVESTMENT GRANTS

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

                    GENERAL PROVISIONS--THIS CHAPTER

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

                               CHAPTER 12

                       DEPARTMENT OF THE TREASURY

                Federal Law Enforcement Training Center

                         SALARIES AND EXPENSES

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

                      Financial Management Service

                         SALARIES AND EXPENSES

                              (RESCISSION)

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

                     United States Customs Service

                         SALARIES AND EXPENSES

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

                        Internal Revenue Service

                          INFORMATION SYSTEMS

                              (RESCISSION)

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

                     BUSINESS SYSTEMS MODERNIZATION

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

                      United States Secret Service

                         SALARIES AND EXPENSES

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

                             POSTAL SERVICE

                   Payment to the Postal Service Fund

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

    EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE 
                               PRESIDENT

                        Office of Administration

                         SALARIES AND EXPENSES

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

                    Office of Management and Budget

                         SALARIES AND EXPENSES

                              (RESCISSION)

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

          ELECTION ADMINISTRATION REFORM AND RELATED EXPENSES

                     (INCLUDING TRANSFER OF FUNDS)

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

                          INDEPENDENT AGENCIES

                      Federal Election Commission

                         SALARIES AND EXPENSES

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

                    General Services Administration

                        REAL PROPERTY ACTIVITIES

                         FEDERAL BUILDINGS FUND

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

                    GENERAL PROVISIONS--THIS CHAPTER

    Sec. 1201. None of the funds appropriated in this or any 
other Act may be used to transfer the functions, missions, or 
activities of the United States Customs Service to the 
Department of Justice.
    Sec. 1202. (a) The Federal Law Enforcement Training Center 
may, for a period ending not later than 5 years after the date 
of the enactment of this Act, appoint and maintain a cadre of 
up to 250 Federal annuitants--(1) without regard to any 
provision of title 5, United States Code, which might otherwise 
require the application of competitive hiring procedures; and 
(2) who shall not be subject to any reduction in pay (for 
annuity allocable to the period of actual employment) under the 
provisions of section 8344 or 8468 of such title 5 or similar 
provision of any other retirement system for employees. A 
reemployed Federal annuitant as to whom a waiver of reduction 
under paragraph (2) applies shall not, for any period during 
which such waiver is in effect, be considered an employee for 
purposes of subchapter III of chapter 83 or chapter 84 of title 
5, United States Code, or such other retirement system 
(referred to in paragraph (2)) as may apply.
    (b) No appointment under this section may be made which 
would result in the displacement of any employee.
    (c) For purposes of this section--
            (1) the term ``Federal annuitant'' means an 
        employee who has retired under the Civil Service 
        Retirement System, the Federal Employees' Retirement 
        System, or any other retirement system for employees;
            (2) the term ``employee'' has the meaning given 
        such term by section 2105 of such title 5; and
            (3) the counting of Federal annuitants shall be 
        done on a full time equivalent basis.
    Sec. 1203. Notwithstanding any other provision of law, 
hereafter, for purposes of section 201(a) of the Federal 
Property and Administrative Services Act of 1949 (relating to 
Federal sources of supply, including lodging providers, 
airlines and other transportation providers), the Eisenhower 
Exchange Fellowship Program shall be deemed an executive agency 
for the purposes of carrying out the provisions of 20 U.S.C. 
5201, and the employees of and participants in the Eisenhower 
Exchange Fellowship Program shall be eligible to have access to 
such sources of supply on the same basis as employees of an 
executive agency have such access.

                               CHAPTER 13

                     DEPARTMENT OF VETERANS AFFAIRS

                    Veterans Benefits Administration

                       COMPENSATION AND PENSIONS

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

                     Veterans Health Administration

                              MEDICAL CARE

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

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                       Public and Indian Housing

                        HOUSING CERTIFICATE FUND

                              (RESCISSION)

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

                   Community Planning and Development

                       COMMUNITY DEVELOPMENT FUND

    For an additional amount for the ``Community development 
fund'' for emergency expenses to respond to the September 11, 
2001, terrorist attacks on the United States, $783,000,000, to 
remain available until expended: Provided, That the State of 
New York, in cooperation with the City of New York, shall, 
through the Lower Manhattan Development Corporation, distribute 
these funds: Provided further, That such funds may be used for 
assistance for properties and businesses (including the 
restoration of utility infrastructure) damaged by, and for 
economic revitalization directly related to, the terrorist 
attacks on the United States that occurred on September 11, 
2001, in New York City and for reimbursement to the State and 
City of New York for expenditures incurred from the regular 
Community Development Block Grant formula allocation used to 
achieve these same purposes: Provided further, That the State 
of New York is authorized to provide such assistance to the 
City of New York: Provided further, That in administering these 
funds and funds under section 108 of title I of the Housing and 
Community Development Act of 1974, as amended, used for 
economic revitalization activities in New York City, the 
Secretary may waive, or specify alternative requirements for, 
any provision of any statute or regulation that the Secretary 
administers in connection with the obligation by the Secretary 
or the use by the recipient of these funds or guarantees 
(except for requirements related to fair housing, 
nondiscrimination, labor standards, and the environment), upon 
a finding that such waiver is required to facilitate the use of 
such funds or guarantees: Provided further, That such funds 
shall not adversely affect the amount of any formula assistance 
received by the State of New York, New York City, or any 
categorical application for other Federal assistance: Provided 
further, That the Secretary shall publish in the Federal 
Register any waiver of any statute or regulation that the 
Secretary administers pursuant to title I of the Housing and 
Community Development Act of 1974, as amended, no later than 5 
days before the effective date of such waiver: Provided 
further, That the Secretary shall notify the Committees on 
Appropriations on the proposed allocation of any funds and any 
related waivers pursuant to this section no later than 5 days 
before such allocation: Provided further, That the entire 
amount is designated by theCongress as an emergency requirement 
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended.
    The referenced statement of the managers under the heading 
``Community development block grants'' in title II of Public 
Law 105-276 is deemed to be amended by striking ``$250,000 for 
renovation, accessibility, and asbestos remediation for the 
Wellstone Neighborhood Center, Wellstone, Missouri'' and insert 
in lieu thereof ``$250,000 for the St. Louis Economic Council 
for design, infrastructure and construction related to the 
Enterprise Center-Wellstone in Wellstone, Missouri''.
    The referenced statement of the managers under the heading 
``Community development fund'' in title II of Public Law 106-
377 is deemed to be amended by striking ``$2,000,000 is for the 
Louisville Community Development Bank for the Louisville 
Neighborhood Initiative'' and inserting ``$2,000,000 for 
neighborhood revitalization activities in Louisville, Kentucky, 
as follows: $170,000 to the Christian Church Homes of Kentucky 
for facility upgrades at Chapel House, $500,000 to the 
Louisville Medical Center Development Corporation for expansion 
of a research park, $400,000 to the Louisville Science Center 
for construction of a permanent exhibition, $150,000 to the New 
Zion Community Development Foundation for renovation of a 
facility, $400,000 to the Presbyterian Community Center for 
construction of a facility, $180,000 to the St. Stephen Family 
Life Center for renovation of a facility, and $200,000 to the 
United Crescent Hill Ministries for renovation of a facility''.
    The referenced statement of the managers under the heading 
``Community development fund'' in title II of Public Law 106-
377 is deemed to be amended by striking ``$1,000,000 for the 
Community Action Agency of Southern New Mexico, Inc. for 
construction of a regional food bank and supporting offices'' 
and insert in lieu thereof ``$1,000,000 for the Community 
Action Agency of Southern New Mexico for construction, 
purchase, or renovation and the equipping of a regional food 
bank and supporting offices''.
    The referenced statement of the managers under the heading 
``Community development fund'' in title II of Public Law 107-73 
is deemed to be amended by striking ``$400,000 to the City of 
Reading, Pennsylvania for the development of the Morgantown 
Road Industrial Park on what is currently a brownfields site'' 
and insert in lieu thereof ``$400,000 for the City of Reading, 
Pennsylvania for the development of the American Chain and 
Cable brownfield site''.
    The referenced statement of the managers under the heading 
``Community development fund'' in title II of Public Law 107-73 
is deemed to be amended by striking ``$750,000 for the Smart 
Start Child Care Center and Expertise School of Las Vegas, 
Nevada for construction of a child care facility'' and insert 
in lieu thereof ``$250,000 for the Smart Start Child Care 
Center of Las Vegas, Nevada for construction of a child care 
facility and $500,000 for Expertise, Inc. of Las Vegas, Nevada 
for job training''.
    The referenced statement of the managers under the heading 
``Community development fund'' in title II of Public Law 107-73 
is deemed to be amended by striking ``$3,000,000 for the 
Louisville Community Development Bank for continuation of the 
Louisville Neighborhood Initiative'' and inserting ``$3,000,000 
for neighborhood revitalization activities in Louisville, 
Kentucky, as follows: $250,000 to the Bridgehaven Mental Health 
Agency for planning and development of a facility, $600,000 to 
the Cable Life Community Enrichment Corporation for 
construction of a facility, $350,000 to Catholic Charities for 
renovation of a facility, $500,000 to the Center for Women and 
Families for an affordable housing program, $100,000 to the 
Clifton Cultural Center for renovation of a historic building, 
$200,000 to Harrods Creek Community Development for 
construction of a facility, $200,000 to the James Taylor 
Memorial Home for facility improvements, $600,000 to the 
Kentucky Art and Craft Foundation for renovation of a facility, 
and $200,000 to the Shelby Park Neighborhood Association for 
facility construction''.
    The referenced statement of the managers under the heading 
``Community development block grants'' in title II of Public 
Law 106-74 is deemed to be amended with respect to the amount 
made available for the City of Hollister, California by 
striking ``to the City of Hollister, California for the 
construction of a new fire station'' and inserting ``to the 
Monterey County, California Economic Development Agency for a 
mobile animal slaughter processing unit''.
    The unobligated amount appropriated in the third paragraph 
under the heading ``Community development block grants'' in 
chapter 8 of title II of the Emergency Supplemental Act, 2000 
(Public Law 106-246; 114 Stat. 565), as subsequently made 
available under the heading ``Community development fund'' in 
chapter 13 of Division A of the Miscellaneous Appropriations 
Act, 2001 (H.R. 5666 (excluding section 123), 106th Congress, 
as enacted into law by Public Law 106-554; 114 Stat. 2763D-42), 
for a grant to the County of Richmond, North Carolina, shall 
remain available until September 30, 2003, for development and 
construction of the Richmond County Industrial Park.
    The referenced statement of the managers under this heading 
in title II of Public Law 106-377 is deemed to be amended by 
striking ``$300,000 for Upper Darby Township, Pennsylvania to 
assist residents with homes that are sinking due to soil 
subsidence'' and insert in lieu thereof ``$300,000 for Upper 
Darby Township, Pennsylvania to assist residents with homes 
that are sinking due to soil subsidence and for the development 
of a recreation area, including parking, at Shadeland Avenue''.
    The referenced statement of the managers under this heading 
in Public Law 107-73 is deemed to be amended by striking 
``$150,000 to Winchester County, Virginia for the historic 
restoration of the Winchester County Courthouse'' and inserting 
``$150,000 to Frederick County, Virginia for the historic 
restoration of the Old Frederick County Courthouse in 
Winchester, Virginia''.
    The referenced statement of the managers under this heading 
in Public Law 107-73 is deemed to be amended with respect to 
the amount made available for Family Focus by striking ``Family 
Focus'' and inserting ``the Weissbourd-Holmes Family Focus 
Center'' and by striking ``Evansville'' and inserting 
``Evanston''.
    The referenced statement of the managers under this heading 
in Public Law 107-73 is deemed to be amended by striking 
``$100,000 for Morristown Neighborhood House for the 
infrastructure improvements to the Manahan Village Resident 
Center Childcare facility in Morristown, New Jersey'' and 
inserting ``$100,000 to the Somerset Valley YMCA Childcare 
Center in Somerset County, New Jersey for capital 
improvements''.
      The referenced statement of the managers under this 
heading in Public Law 107-73 is deemed to be amended by 
striking ``$600,000 to the Reuben Lindh Family Services in 
Minneapolis, Minnesota for facilities rehabilitation'' and 
inserting in lieu thereof ``$350,000 to the Plymouth Christian 
Youth Center in Minneapolis, Minnesota for facilities 
rehabilitation and $250,000 to Migizi Communications in 
Minneapolis, Minnesota to repair and renovate its Family 
Education Center''.

                  HOME INVESTMENT PARTNERSHIPS PROGRAM

                              (RESCISSION)

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

                            Housing Programs

                       RENTAL HOUSING ASSISTANCE

                              (RESCISSION)

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

                          INDEPENDENT AGENCIES

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                     National Institutes of Health

          NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES

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

            Agency for Toxic Substances and Disease Registry

            TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC HEALTH

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

                    Environmental Protection Agency

                         SCIENCE AND TECHNOLOGY

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

                 ENVIRONMENTAL PROGRAMS AND MANAGEMENT

                          (TRANSFER OF FUNDS)

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

                   STATE AND TRIBAL ASSISTANCE GRANTS

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

                  Federal Emergency Management Agency

                            DISASTER RELIEF

    For an additional amount for ``Disaster relief'' for 
emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States in carrying out the 
Robert T. Stafford Disaster Relief and EmergencyAssistance Act 
(42 U.S.C. 5121 et seq.), and the Federal Fire Prevention and Control 
Act of 1974, as amended (15 U.S.C. 2201 et seq.), $2,650,700,000, to 
remain available until expended: Provided, That in administering the 
Mortgage and Rental Assistance Program for victims of September 11, 
2001, the Federal Emergency Management Agency will recognize those 
people who were either directly employed in the Borough of Manhattan or 
had at least 75 percent of their wages coming from business conducted 
within the Borough of Manhattan as eligible for assistance under the 
program, as they were directly impacted by the terrorist attacks: 
Provided further, That FEMA shall provide compensation to previously 
denied Mortgage and Rental Assistance Program applicants who would 
qualify under these new guidelines: Provided further, That the entire 
amount is designated by the Congress as an emergency requirement 
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended.

                  DISASTER ASSISTANCE FOR UNMET NEEDS

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

              EMERGENCY MANAGEMENT PLANNING AND ASSISTANCE

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

                        CERRO GRANDE FIRE CLAIMS

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

                      National Science Foundation

                     EDUCATION AND HUMAN RESOURCES

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

                    GENERAL PROVISIONS--THIS CHAPTER

    Sec. 1301. Notwithstanding the first paragraph of the item 
in title II of Public Law 107-73 relating to ``Federal housing 
administration, Mutual mortgage insurance program account'', 
during fiscal year 2002, commitments to guarantee loans to 
carry out the purposes of section 203(b) of the National 
Housing Act shall not exceed a loan principal of 
$165,000,000,000.
    Sec. 1302. Notwithstanding the first paragraph of the item 
in title II of Public Law 107-73 related to ``Federal housing 
administration, General and special risk program account'', any 
amounts made available for fiscal year 2002 for the cost of 
guaranteed loans, as authorized by sections 238 and 519 of the 
National Housing Act (12 U.S.C. 1715z-3 and 1735c), including 
the cost of loan guarantee modifications (as that term is 
defined in section 502 of the Congressional Budget Act of 
1974), shall be available to subsidize total loan principal, 
any part of which is to be guaranteed, of up to 
$23,000,000,000.
    Sec. 1303. The Secretary of Housing and Urban Development 
shall begin to enter into new agreements and contracts pursuant 
to the Asset Control Area Demonstration Program as provided in 
section 602 of Public Law 105-276 not later than September 15, 
2002: Provided, That any agreement or contract entered into 
pursuant to such program shall be consistent with the 
requirements of such section 602: Provided further, That the 
Department shall develop proposed regulations for this program 
not later than September 15, 2002.
    Sec. 1304. The Secretary of Housing and Urban Development 
shall submit a report every 90 days to the House and Senate 
Committees on Appropriations on the status of any multifamily 
housing project (including all hospitals and nursing homes) 
insured under the National Housing Act that has been in default 
for longer than 60 days. The report shall include the location 
of the property, the reason for the default, and all actions 
taken by the Secretary and owner with regard to the default, 
including any work-out agreements, the status and terms of any 
assistance or loans, and any transfer of an ownership interest 
in the property (including any assistance or loans made to the 
prior, current or intended owner of the property or to the 
local unit of government in which the property is located). The 
initial report shall be submitted no later than September 16, 
2002.
    Sec. 1305. For purposes of facilitating the sale of 
Stafford Apartments (FHA Project No: 052-44163) for use as 
student housing--
            (1) the Secretary of Housing and Urban Development 
        shall renew the section 8 contract that was associated 
        with such property and that expired during fiscal year 
        2001 at rent levels not to exceed market rents as 
        determined by the Secretary, subject to annual 
        operating cost adjustment factor increases, and subject 
        to such other conditions as the Secretary may determine 
        appropriate, and the renewal of such contract shall be 
        deemed to have taken effect as of October 1, 2001;
            (2) prior to sale of this property for student 
        housing, any funds remaining in the property's residual 
        receipts and reserve for replacement accounts shall be 
        used in connection with the relocation of tenants under 
        this section, and any remaining amounts shall be 
        returned to the Secretary;
            (3) subject to the concurrence by the Secretary 
        with the relocation plan for current tenants, the 
        payment in full of mortgages on this property insured 
        pursuant to sections 236(j) and 241(a) of the National 
        Housing Act and the resultant termination of the 
        insurance contracts associated with those mortgages, 
        the payment in full of the loan on this property made 
        pursuant to section 201 of the Housing and Community 
        Development Amendments of 1978, and, as of the date of 
        sale, the termination of any assistance under section 
        236(f)(2) of the National Housing Act and section 8 of 
        the United States Housing Act of 1937 and the return to 
        the Secretary of any such assistance that has not been 
        expended, such property may be sold for use as student 
        housing, notwithstanding any federal use restrictions 
        required pursuant to Section 201 of the Housing and 
        Community Development Amendments of 1978 (12 U.S.C. 
        1715z-1a) and section 250 of the National Housing Act 
        (12 U.S.C. 1715z-15);
            (4) upon the concurrence by the Secretary of such 
        relocation plan and the sale of such property for use 
        as student housing, all of the tenants of such property 
        shall be relocated and shall receive, subject to the 
        availability of funds, tenant-based assistance under 
        section 8(o) of the United States Housing Act of 1937, 
        notwithstanding any rights of such tenants to elect to 
        remain in such property pursuant to section 8(t) of 
        such Act (42 U.S.C. 1437f(t)) or to receive enhanced 
        voucher assistance under such section; and
            (5) the provisions of this section shall only 
        remain effective for 24 months from the date of 
        enactment of this section.

                               CHAPTER 14

                           GENERAL PROVISIONS

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

               FEDERAL ADMINISTRATIVE AND TRAVEL EXPENSES

                             (RESCISSIONS)

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

          TITLE II--AMERICAN SERVICE- MEMBERS' PROTECTION ACT

SEC. 2001. SHORT TITLE.

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

SEC. 2002. FINDINGS.

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

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

    (a) Authority To Initially Waive Sections 5 and 7.--The 
President is authorized to waive the prohibitions and 
requirements of sections 2005 and 2007 for a single period of 1 
year. A waiver under this subsection may be issued only if the 
President at least 15 days in advance of exercising such 
authority--
            (1) notifies the appropriate congressional 
        committees of the intention to exercise such authority; 
        and
            (2) determines and reports to the appropriate 
        congressional committees that the International 
        Criminal Court has entered into a binding agreement 
        that--
                    (A) prohibits the International Criminal 
                Court from seeking to exercise jurisdiction 
                over the following persons with respect to 
                actions undertaken by them in an official 
                capacity:
                            (i) covered United States persons;
                            (ii) covered allied persons; and
                            (iii) individuals who were covered 
                        United States persons or covered allied 
                        persons; and
                    (B) ensures that no person described in 
                subparagraph (A) will be arrested, detained, 
                prosecuted, or imprisoned by or on behalf of 
                the International Criminal Court.
    (b) Authority To Extend Waiver of Sections 5 and 7.--The 
President is authorized to waive the prohibitions and 
requirements of sections 2005 and 2007 for successive periods 
of 1 year each upon the expiration of a previous waiver 
pursuant to subsection (a) or this subsection. A waiver under 
this subsection may be issued only if the President at least 15 
days in advance of exercising such authority--
            (1) notifies the appropriate congressional 
        committees of the intention to exercise such authority; 
        and
            (2) determines and reports to the appropriate 
        congressional committees that the International 
        Criminal Court--
                    (A) remains party to, and has continued to 
                abide by, a binding agreement that--
                            (i) prohibits the International 
                        Criminal Court from seeking to exercise 
                        jurisdiction over the following persons 
                        with respect to actions undertaken by 
                        them in an official capacity:
                                    (I) covered United States 
                                persons;
                                    (II) covered allied 
                                persons; and
                                    (III) individuals who were 
                                covered United States persons 
                                or covered allied persons; and
                            (ii) ensures that no person 
                        described in clause (i) will be 
                        arrested, detained, prosecuted, or 
                        imprisoned by or on behalf of the 
                        International Criminal Court; and
                    (B) has taken no steps to arrest, detain, 
                prosecute, or imprison any person described in 
                clause (i) of subparagraph (A).
    (c) Authority To Waive Sections 4 and 6 With Respect to an 
Investigation or Prosecution of a Named Individual.--The 
President is authorized to waive the prohibitions and 
requirements of sections 2004 and 2006 to the degree such 
prohibitions and requirements would prevent United States 
cooperation with an investigation or prosecution of a named 
individual by the International Criminal Court. A waiver under 
this subsection may be issued only if the President at least 15 
days in advance of exercising such authority--
            (1) notifies the appropriate congressional 
        committees of the intention to exercise such authority; 
        and
            (2) determines and reports to the appropriate 
        congressional committees that--
                    (A) a waiver pursuant to subsection (a) or 
                (b) of the prohibitions and requirements of 
                sections 2005 and 2007 is in effect;
                    (B) there is reason to believe that the 
                named individual committed the crime or crimes 
                that are the subject of the International 
                Criminal Court's investigation or prosecution;
                    (C) it is in the national interest of the 
                United States for the International Criminal 
                Court's investigation or prosecution of the 
                named individual to proceed; and
                    (D) in investigating events related to 
                actions by the named individual, none of the 
                following persons will be investigated, 
                arrested, detained, prosecuted, or imprisoned 
                by or on behalf of the International Criminal 
                Court with respect to actions undertaken by 
                them in an official capacity:
                            (i) Covered United States persons.
                            (ii) Covered allied persons.
                            (iii) Individuals who were covered 
                        United States persons or covered allied 
                        persons.
    (d) Termination of Waiver Pursuant to Subsection (c).--Any 
waiver or waivers exercised pursuant to subsection (c) of the 
prohibitions and requirements of sections 2004 and 2006 shall 
terminate at any time that a waiver pursuant to subsection (a) 
or (b) of the prohibitions and requirements of sections 2005 
and 2007 expires and is not extended pursuant to subsection 
(b).
    (e) Termination of Prohibitions of This Title.--The 
prohibitions and requirements of sections 2004, 2005, 2006, and 
2007 shall cease to apply, and the authority of section 2008 
shall terminate, if the United States becomes a party to the 
International Criminal Court pursuant to a treaty made under 
article II, section 2, clause 2 of the Constitution of the 
United States.

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

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

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

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

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

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

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

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

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

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

SEC. 2009. ALLIANCE COMMAND ARRANGEMENTS.

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

SEC. 2010. WITHHOLDINGS.

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

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

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

SEC. 2012. NONDELEGATION.

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

SEC. 2013. DEFINITIONS.

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

SEC. 2014. REPEAL OF LIMITATION.

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

SEC. 2015. ASSISTANCE TO INTERNATIONAL EFFORTS.

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

                        TITLE III--OTHER MATTERS

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

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

SEC. 3002. RURAL SERVICE IMPROVEMENT.

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

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

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

                         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 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 Federalemployees. 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 even 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 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 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 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 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:
    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 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 SpecialOperations 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 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.
      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 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 orexpenditure 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 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.

                              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.
      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 
September2001 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 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 theInstitute 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 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.

                               CHAPTER 11

                      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;
            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.
      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 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 materialsecurity 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 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.
      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 reimbursement 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 appropriate 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'' 
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. Theprovision 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 
    year 2002...........................................     $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 year 2002...................        +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,
                                   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.

                                  
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