[107th Congress Public Law 206]
[From the U.S. Government Printing Office]


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[DOCID: f:publ206.107]


[[Page 819]]

   2002 SUPPLEMENTAL APPROPRIATIONS ACT FOR FURTHER RECOVERY FROM AND 
           RESPONSE TO TERRORIST ATTACKS ON THE UNITED STATES

[[Page 116 STAT. 820]]

Public Law 107-206
107th Congress

                                 An Act


 
    Making supplemental appropriations for further recovery from and 
 response to terrorist attacks on the United States for the fiscal year 
   ending September 30, 2002, and for other purposes. <<NOTE: Aug. 2, 
                         2002 -  [H.R. 4775]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of <<NOTE: 2002 Supplemental Appropriations Act for 
Further Recovery From and Response To Terrorist Attacks on the United 
States.>> America in Congress assembled, That the following sums are 
appropriated, out of any money in the Treasury not otherwise 
appropriated, for the fiscal year ending September 30, 2002, and for 
other purposes, namely:

                  TITLE I--SUPPLEMENTAL APPROPRIATIONS

                                CHAPTER 1

                        DEPARTMENT OF AGRICULTURE

                         Office of the Secretary

                     (INCLUDING TRANSFERS OF FUNDS)

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

                      Agricultural Research Service

                          salaries and expenses

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

[[Page 116 STAT. 821]]

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

                        buildings and facilities

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

      Cooperative State Research, Education, and Extension Service

                          extension activities

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

               Animal and Plant Health Inspection Service

                          salaries and expenses

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

                   Food Safety and Inspection Service

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

[[Page 116 STAT. 822]]

                 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

[[Page 116 STAT. 823]]

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. <<NOTE: Deadline. 43 USC 2211 note.>> 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.

[[Page 116 STAT. 824]]

    (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

[[Page 116 STAT. 825]]

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.

[[Page 116 STAT. 826]]

                 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

[[Page 116 STAT. 827]]

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.

[[Page 116 STAT. 828]]

                         DEPARTMENT OF COMMERCE

                          Bureau of the Census

                     periodic censuses and programs

                              (RESCISSION)

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

             National Institute of Standards and Technology

             scientific and technical research and services

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

             National Oceanic and Atmospheric Administration

                  operations, research, and facilities

                         (INCLUDING RESCISSION)

    For an additional amount for ``Operations, Research, and 
Facilities'' for emergency expenses resulting from homeland security 
aActivities, $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

[[Page 116 STAT. 829]]

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

[[Page 116 STAT. 830]]

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

[[Page 116 STAT. 831]]

designated by the Congress 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.

[[Page 116 STAT. 832]]

                   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.

[[Page 116 STAT. 833]]

    (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 <<NOTE: 115 Stat. 774.>>  
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 <<NOTE: 33 USC 857-19 note.>>  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 <<NOTE: 7 USC 1638a.>>  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.

[[Page 116 STAT. 834]]

    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.

[[Page 116 STAT. 835]]

                                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.

[[Page 116 STAT. 836]]

                 Operation and Maintenance, Defense-Wide

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

                     Defense Emergency Response Fund

                      (INCLUDING TRANSFER OF FUNDS)

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

[[Page 116 STAT. 837]]

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.

[[Page 116 STAT. 838]]

                     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

[[Page 116 STAT. 839]]

is designated by the Congress 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) <<NOTE: 115 Stat. 2243.>>  
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) <<NOTE: Effective date.>>  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

[[Page 116 STAT. 840]]

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

[[Page 116 STAT. 841]]

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 <<NOTE: 10 USC 2401a note.>>  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. <<NOTE: Deadline.>>  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

[[Page 116 STAT. 842]]

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

[[Page 116 STAT. 843]]

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.

[[Page 116 STAT. 844]]

  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.

[[Page 116 STAT. 845]]

                   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

[[Page 116 STAT. 846]]

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.

[[Page 116 STAT. 847]]

    (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) <<NOTE: 115 Stat. 2101.>>  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, <<NOTE: 115 Stat. 932.>>  strike ``Anacostia'' and insert 
``Southeast, Washington, D.C.''.

    (b) Under the heading, ``Federal Payment to Southeastern 
University'' provided under Public Law 107-96, <<NOTE: 115 Stat. 925.>>  
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

[[Page 116 STAT. 848]]

                          ``(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. <<NOTE: Effective date.>> 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

[[Page 116 STAT. 849]]

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

[[Page 116 STAT. 850]]

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

                    ATOMIC ENERGY DEFENSE ACTIVITIES

                National Nuclear Security Administration

                           weapons activities

                         (INCLUDING RESCISSION)

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

                    defense nuclear nonproliferation

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

                       office of the administrator

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

               ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES

         Defense Environmental Restoration and Waste Management

                         (INCLUDING RESCISSION)

    For an additional amount for ``Defense Environmental Restoration and 
Waste Management'' for emergency expenses necessary to support 
safeguards and security activities, $56,000,000: Provided, That the 
entire amount shall be available only to the extent an official budget 
request that includes designation of the entire amount of the request as 
an emergency requirement as defined in the Balanced Budget and Emergency 
Deficit Control Act of

[[Page 116 STAT. 851]]

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) <<NOTE: Deadlines.>> 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

[[Page 116 STAT. 852]]

                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) <<NOTE: Deadline.>> 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) <<NOTE: Deadline.>> 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 <<NOTE: Deadline.>> 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.''.

[[Page 116 STAT. 853]]

                                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

[[Page 116 STAT. 854]]

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

[[Page 116 STAT. 855]]

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

[[Page 116 STAT. 856]]

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

[[Page 116 STAT. 857]]

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

[[Page 116 STAT. 858]]

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

                    MULTILATERAL ECONOMIC ASSISTANCE

                   Funds Appropriated to the President

                  international financial institutions

                              (RESCISSION)

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

                    GENERAL PROVISIONS--THIS CHAPTER

    Sec. 601. (a) Counter-Terrorism Authority.--
            (1) In fiscal year 2002, funds available to the Department 
        of State for assistance to the Government of Colombia shall be 
        available to support a unified campaign against narcotics 
        trafficking, against activities by organizations designated as 
        terrorist organizations such as the Revolutionary Armed Forces 
        of Colombia (FARC), the National Liberation Army (ELN), and the 
        United Self-Defense Forces of Colombia (AUC), and to take 
        actions to protect human health and welfare in emergency 
        circumstances, including undertaking rescue operations.
            (2) This provision shall also apply to unexpired balances 
        and assistance previously provided from prior years' Acts 
        available for the purposes identified in paragraph (1).
            (3) The authority in this section is in addition to 
        authorities currently available to provide assistance to 
        Colombia.

    (b) In order to ensure effectiveness of United States support for 
such a unified campaign, prior to the exercise of the authority 
contained in subsection (a), the Secretary of State shall report to the 
Committees on Appropriations that--
            (1) the newly elected President of Colombia has--
                    (A) committed, in writing, to establish 
                comprehensive policies to combat illicit drug 
                cultivation, manufacturing, and trafficking 
                (particularly with respect to providing economic 
                opportunities that offer viable alternatives to illicit 
                crops) and to restore government authority and respect 
                for human rights in areas under the effective control of 
                paramilitary and guerrilla organizations;
                    (B) committed, in writing, to implement significant 
                budgetary and personnel reforms of the Colombian Armed 
                Forces; and
                    (C) committed, in writing, to support substantial 
                additional Colombian financial and other resources to 
                implement such policies and reforms, particularly to 
                meet the

[[Page 116 STAT. 859]]

                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. <<NOTE: President.>> 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. <<NOTE: Deadline.>>  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. <<NOTE: Deadline.>>  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.

[[Page 116 STAT. 860]]

                                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

[[Page 116 STAT. 861]]

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.

[[Page 116 STAT. 862]]

    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

[[Page 116 STAT. 863]]

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.

[[Page 116 STAT. 864]]

    Sec. 703. <<NOTE: 16 USC 668dd note.>> 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;

[[Page 116 STAT. 865]]

            (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;

[[Page 116 STAT. 866]]

                    (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

[[Page 116 STAT. 867]]

        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.

[[Page 116 STAT. 868]]

            (5) Easements.--To facilitate firefighter access into, and 
        escape routes from, Beaver Park Roadless Area, the Secretary 
        shall attempt to acquire easements from the exterior Forest 
        Service boundary to I-90 on the eastern side of Beaver Park 
        Roadless Area, at a minimum, along Tilford Gulch, Forbes Gulch, 
        Pleasant Valley and Bulldog Gulch.

    (f) Needles Timber Sale Area.--
            (1) Needles timber sale.--The Needles Timber Sale shall 
        proceed after the Secretary makes modifications in 
        implementation of the Decision Notice to further benefit game 
        animals and birds, as reflected in the memorandum known as the 
        ``Burns/Carter memorandum'' dated November 10, 1999, and 
        maintained in the Black Hills National Forest Supervisor's 
        office. The standards to which any road is constructed for the 
        timber sale shall be the minimum necessary to access and remove 
        timber.
            (2) Research committee.--By December 1, 2003, the Secretary 
        shall select a committee composed of research scientists who are 
        federal employees to recommend an old growth research area 
        within the Needles area (outside the Needles Timber Sale cutting 
        units). By December 1, 2004, the committee shall make its 
        recommendation to the Secretary. The committee's recommendation 
        shall be subject to public notice, review and comment.

    (g) Grizzly Timber Sale.--The Grizzly Timber Sale shall proceed 
after the Secretary makes modifications in implementation of the 
Decision Notice to further benefit game animals and birds, as reflected 
in the memorandum known as the ``Burns/Carter memorandum'' dated 
November 10, 1999, and maintained in the Black Hills National Forest 
Supervisor's office. The standards to which any road is constructed for 
the timber sale shall be the minimum necessary to access and remove 
timber.
    (h) Norbeck.--The Secretary is authorized to use the full spectrum 
of management tools including prescribed fire and silvicultural 
treatments to benefit game animal and bird habitat in meeting the 
purposes of the Norbeck Organic Act. The management actions required by 
subsections (f)(1) and (g) are deemed consistent with the Norbeck 
Organic Act (16 U.S.C. 675-678b).
    (i) Norbeck Memorandum of Understanding.--By December 1, 2003, the 
Secretary shall propose a Memorandum of Understanding with the South 
Dakota Department of Game, Fish and Parks to, at a minimum, adopt 
procedures to monitor the effects of management activities, consult on 
habitat management, concur on program areas of responsibility, and 
review and recommend as needed any changes to Norbeck Wildlife Preserve 
direction contained in the 1997 Revised Forest Plan and future plan 
amendments and revisions. The basis of the MOU will be the guidelines 
set forth in the May 21, 2002 memo by SDF&P.
    (j) Process.--Due to the extraordinary circumstances present here, 
actions authorized by this section shall proceed immediately and to 
completion notwithstanding any other provision of law including, but not 
limited to, NEPA and the National Forest Management Act (16 U.S.C. 1601 
et seq.). Such actions shall also not be subject to the notice, comment, 
and appeal requirements of the Appeals Reform Act, (16 U.S.C. 1612 
(note), Pub. Law No. 102-381 sec. 322). Any action authorized by this 
section shall not be subject to judicial review by any court of the 
United States.

[[Page 116 STAT. 869]]

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 <<NOTE: 16 USC 1132 note.>> 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 <<NOTE: Deadlines.>> 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.

[[Page 116 STAT. 870]]

                 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 <<NOTE: 115 Stat. 2191.>> 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

[[Page 116 STAT. 871]]

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 <<NOTE: 115 Stat. 2203.>> 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

[[Page 116 STAT. 872]]

        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

[[Page 116 STAT. 873]]

        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, <<NOTE: 115 
Stat. 2207.>>  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

[[Page 116 STAT. 874]]

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 <<NOTE: 20 USC 7703.>>  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) <<NOTE: Awards. Ruth L. Kirschstein.>> 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 <<NOTE: 42 USC 242b, 285a-3, 285b-4, 285c-2, 
285d-2, 285e-2, 288 note, 300c-16.>> 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

[[Page 116 STAT. 875]]

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.

[[Page 116 STAT. 876]]

                           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 <<NOTE: 40 USC 174b-2.>> 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) <<NOTE: Effective date. 40 USC 174b-2 note.>> 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 <<NOTE: 40 USC 175a.>> 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 <<NOTE: Effective date. 40 USC 175a 
note.>> 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, <<NOTE: 31 USC 1535 
note.>> 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.

[[Page 116 STAT. 877]]

    Sec. 905. (a) The Architect of <<NOTE: 40 USC 166k.>>  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) <<NOTE: Applicability.>> This section shall apply with respect 
to fiscal year 2002 and each succeeding fiscal year.

    Sec. 906. (a) <<NOTE: 40 USC 166l.>> 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) <<NOTE: Applicability.>> 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) <<NOTE: 40 USC 166m.>> 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.

[[Page 116 STAT. 878]]

    (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 <<NOTE: Deadline.>> 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:

[[Page 116 STAT. 879]]

            (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 <<NOTE: 115 Stat. 2332.>>  
``$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;

[[Page 116 STAT. 880]]

            (3) Grants and contracts to enhance security for intercity 
        bus operations, $15,000,000;
            (4) Grants, contracts and interagency agreements for the 
        purpose of deploying Operation Safe Commerce, $28,000,000;
            (5) Procurement of air-ground communications systems and 
        devices for the Federal air marshal program, $15,000,000;
            (6) Grants and contracts for radiation detection system test 
        and evaluation, $4,000,000;
            (7) Grants to airport authorities for pilot projects to 
        improve airport terminal security, $17,000,000;
            (8) Grants and contracts for security research, development, 
        and pilot projects, $10,000,000; and
            (9) Replacement of magnetometers at airport passenger 
        screening locations in commercial service airports, $23,000,000:

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

                        United States Coast Guard

                           operating expenses

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

               acquisition, construction, and improvements

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

[[Page 116 STAT. 881]]

                     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.

[[Page 116 STAT. 882]]

                     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

[[Page 116 STAT. 883]]

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

[[Page 116 STAT. 884]]

Congress 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 <<NOTE: 115 Stat. 
861.>>  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 <<NOTE: 16 USC 1851 
note; 46 USC 12102; 46 USC app. 1274 note.>> 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.

[[Page 116 STAT. 885]]

                      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

[[Page 116 STAT. 886]]

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

                             POSTAL SERVICE

                   Payment to the Postal Service Fund

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

    EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE 
                                PRESIDENT

                        Office of Administration

                          salaries and expenses

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

                     Office of Management and Budget

                          salaries and expenses

                              (RESCISSION)

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

           election administration reform and related expenses

                      (INCLUDING TRANSFER OF FUNDS)

    For necessary expenses for the implementation of an Act authorizing 
funds for the improvement of election administration and related 
expenses, $400,000,000, to remain available until expended: Provided, 
That such amounts shall not be available for obligation until the 
enactment of such Act: Provided further, That upon enactment of such 
Act, the Director of the Office of Management and Budget shall transfer 
such amounts to the Federal entities authorized by such Act to expend 
funds for the designated purposes: Provided 
further, <<NOTE: Deadline. Notification.>> 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

[[Page 116 STAT. 887]]

amount is designated by the Congress as an emergency 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. <<NOTE: Deadline. 42 USC 3771 note.>> (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

[[Page 116 STAT. 888]]

        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 <<NOTE: 20 USC 5207.>>  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, <<NOTE: 38 USC 1729 note.>> 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.

[[Page 116 STAT. 889]]

               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, <<NOTE: Federal Register, publication. Deadline.>> 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


[[Page 116 STAT. 890]]

the effective date of such waiver: Provided 
further, <<NOTE: Notification. Deadline.>> That the Secretary shall 
notify the Committees on Appropriations on the proposed allocation of 
any funds and any related waivers pursuant to this section no later than 
5 days before such allocation: Provided further, That the entire amount 
is designated by the Congress as an emergency requirement pursuant to 
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended.

    The referenced statement of the managers under the heading 
``Community development block grants'' in title II of Public Law 105-276 
is deemed to be amended by striking ``$250,000 for renovation, 
accessibility, and asbestos remediation for the Wellstone Neighborhood 
Center, Wellstone, Missouri'' and insert in lieu thereof ``$250,000 for 
the St. Louis Economic Council for design, infrastructure and 
construction related to the Enterprise Center-Wellstone in Wellstone, 
Missouri''.
    The referenced statement of the managers under the heading 
``Community development fund'' in title II of Public Law 106-377 is 
deemed to be amended by striking ``$2,000,000 is for the Louisville 
Community Development Bank for the Louisville Neighborhood Initiative'' 
and inserting ``$2,000,000 for neighborhood revitalization activities in 
Louisville, Kentucky, as follows: $170,000 to the Christian Church Homes 
of Kentucky for facility upgrades at Chapel House, $500,000 to the 
Louisville Medical Center Development Corporation for expansion of a 
research park, $400,000 to the Louisville Science Center for 
construction of a permanent exhibition, $150,000 to the New Zion 
Community Development Foundation for renovation of a facility, $400,000 
to the Presbyterian Community Center for construction of a facility, 
$180,000 to the St. Stephen Family Life Center for renovation of a 
facility, and $200,000 to the United Crescent Hill Ministries for 
renovation of a facility''.
    The referenced statement of the managers under the heading 
``Community development fund'' in title II of Public Law 106-377 is 
deemed to be amended by striking ``$1,000,000 for the Community Action 
Agency of Southern New Mexico, Inc. for construction of a regional food 
bank and supporting offices'' and insert in lieu thereof ``$1,000,000 
for the Community Action Agency of Southern New Mexico for construction, 
purchase, or renovation and the equipping of a regional food bank and 
supporting offices''.
    The referenced statement of the managers under the heading 
``Community development fund'' in title II of Public Law 107-73 is 
deemed to be amended by striking ``$400,000 to the City of Reading, 
Pennsylvania for the development of the Morgantown Road Industrial Park 
on what is currently a brownfields site'' and insert in lieu thereof 
``$400,000 for the City of Reading, Pennsylvania for the development of 
the American Chain and Cable brownfield site''.
    The referenced statement of the managers under the heading 
``Community development fund'' in title II of Public Law 107-73 is 
deemed to be amended by striking ``$750,000 for the Smart Start Child 
Care Center and Expertise School of Las Vegas, Nevada for construction 
of a child care facility'' and insert in lieu thereof ``$250,000 for the 
Smart Start Child Care Center of Las Vegas, Nevada for construction of a 
child care facility and $500,000 for Expertise, Inc. of Las Vegas, 
Nevada for job training''.

[[Page 116 STAT. 891]]

    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

[[Page 116 STAT. 892]]

``$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

[[Page 116 STAT. 893]]

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

[[Page 116 STAT. 894]]

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

                   Federal Emergency Management Agency

                             disaster relief

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

[[Page 116 STAT. 895]]

                   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 <<NOTE: Notice. Federal 
Register, publication.>> 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 <<NOTE: Records.>> 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 <<NOTE: Reports.>> 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.

  

[[Page 116 STAT. 896]]

              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.

[[Page 116 STAT. 897]]

    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. <<NOTE: 12 USC 1710 note. Contracts.>> 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, <<NOTE: Regulations. Deadline.>> That the Department shall 
develop proposed regulations for this program not later than September 
15, 2002.

    Sec. 1304. <<NOTE: Reports.>> 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). <<NOTE: Deadline.>> 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 <<NOTE: Effective date.>> 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,

[[Page 116 STAT. 898]]

        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) <<NOTE: Effective date.>> 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 <<NOTE: Deadline. Records.>> 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

[[Page 116 STAT. 899]]

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 <<NOTE: American Servicemembers' Protection Act of 
2002.>>  SERVICE-MEMBERS' PROTECTION ACT

SEC. 2001. SHORT <<NOTE: 22 USC 7401 note.>> TITLE.

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

SEC. 2002. <<NOTE: 22 USC 7421.>>  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

[[Page 116 STAT. 900]]

        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.

[[Page 116 STAT. 901]]

SEC. 2003. <<NOTE: 22 USC 7422.>> 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

[[Page 116 STAT. 902]]

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. <<NOTE: 22 USC 7423.>> 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

[[Page 116 STAT. 903]]

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. <<NOTE: 22 USC 7424.>> 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

[[Page 116 STAT. 904]]

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. <<NOTE: 22 USC 7425.>> 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

[[Page 116 STAT. 905]]

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. <<NOTE: 22 USC 7426.>> 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. <<NOTE: 22 USC 7427.>> 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

[[Page 116 STAT. 906]]

        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. <<NOTE: 22 USC 7428.>> ALLIANCE COMMAND ARRANGEMENTS.

    (a) Report on Alliance Command Arrangements.--
Not <<NOTE: Deadline.>> 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 <<NOTE: Deadline.>> 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. <<NOTE: 22 USC 7429.>> 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

[[Page 116 STAT. 907]]

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. <<NOTE: 22 USC 7430.>> 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 <<NOTE: President.>> to Congress.--
            (1) In general.--
        Subject <<NOTE: Deadline. Notification.>> 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 <<NOTE: Deadline. Notification.>> 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. <<NOTE: 22 USC 7431.>> 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. <<NOTE: 22 USC 7432.>> 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

[[Page 116 STAT. 908]]

        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.

[[Page 116 STAT. 909]]

            (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) <<NOTE: 115 Stat. 2289.>>  is amended by striking 
section 8173.

SEC. 2015. <<NOTE: 22 USC 7433.>> 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

[[Page 116 STAT. 910]]

                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.-- <<NOTE: 19 USC 3203 note.>> 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 <<NOTE: 19 USC 2703 note.>> (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. <<NOTE: Rural Service Improvement Act of 2002. Alaska. Postal 
            service.>> RURAL SERVICE IMPROVEMENT.

    (a) Short Title.--This <<NOTE: 39 USC 101 note.>>  title may be 
cited as the ``Rural Service Improvement Act of 2002''.

    (b) Findings.--Congress <<NOTE: 39 USC 5402 note.>> 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

[[Page 116 STAT. 911]]

        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.--

[[Page 116 STAT. 912]]

            (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;

[[Page 116 STAT. 913]]

            ``(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);

[[Page 116 STAT. 914]]

                    (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;

[[Page 116 STAT. 915]]

            ``(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

[[Page 116 STAT. 916]]

        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.

[[Page 116 STAT. 917]]

    ``(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

[[Page 116 STAT. 918]]

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.

[[Page 116 STAT. 919]]

    ``(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

[[Page 116 STAT. 920]]

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);

[[Page 116 STAT. 921]]

            ``(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) <<NOTE: Deadline.>> 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).

[[Page 116 STAT. 922]]

    ``(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

[[Page 116 STAT. 923]]

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 <<NOTE: 39 USC 5402 note.>> 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.

[[Page 116 STAT. 924]]

    (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 <<NOTE: Deadline. 39 USC 5402 
note.>> 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 <<NOTE: 39 USC 5402 note.>>  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 <<NOTE: 1 USC 112 note.>> 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 <<NOTE: 43 USC 1626.>> 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)''.

[[Page 116 STAT. 925]]

    This Act may be cited as the ``2002 Supplemental Appropriations Act 
for Further Recovery From and Response To Terrorist Attacks on the 
United States''.

    Approved August 2, 2002.

LEGISLATIVE HISTORY--H.R. 4775 (S. 2551):
---------------------------------------------------------------------------

HOUSE REPORTS: Nos. 107-480 (Comm. on Appropriations) and 107-593
(Comm. of Conference).
SENATE REPORTS: No. 107-156 accompanying S. 2551 (Comm. on 
Appropriations).
CONGRESSIONAL RECORD, Vol. 148 (2002):
            May 22-24, considered and passed House.
            June 3-6, considered and passed Senate, amended.
            July 23, House agreed to conference report.
            July 24, Senate agreed to conference report.

                                  <all>