[107th Congress Public Law 206]
[From the U.S. Government Printing Office]
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[DOCID: f:publ206.107]
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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):
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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.
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