[House Report 107-593]
[From the U.S. Government Publishing Office]
107th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 107-593
======================================================================
MAKING SUPPLEMENTAL APPROPRIATIONS FOR FURTHER RECOVERY FROM AND
RESPONSE TO TERRORIST ATTACKS ON THE UNITED STATES FOR THE FISCAL YEAR
ENDING SEPTEMBER 30, 2002, AND FOR OTHER PURPOSES
_______
July 19, 2002.--Ordered to be printed
_______
Mr. Young of Florida, from the committee of conference, submitted the
following
CONFERENCE REPORT
[To accompany H.R. 4775]
Conference Report (H. Rept. 107-593)
The committee of conference on the disagreeing votes of
the two Houses on the amendment of the Senate to the bill (H.R.
4775) ``making supplemental appropriations for further recovery
from and response to terrorist attacks on the United States for
the fiscal year ending September 30, 2002, and for other
purposes'' having met, after full and free conference, have
agreed to recommend and do recommend to their respective Houses
as follows:
That the House recede from its disagreement to the
amendment of the Senate, and agree to the same with an
amendment, as follows:
In lieu of the matter stricken and inserted by said
amendment, insert:
That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the fiscal year
ending September 30, 2002, and for other purposes, namely:
TITLE I--SUPPLEMENTAL APPROPRIATIONS
CHAPTER 1
DEPARTMENT OF AGRICULTURE
Office of the Secretary
(INCLUDING TRANSFERS OF FUNDS)
For an additional amount for ``Office of the Secretary'',
$18,000,000, to remain available until expended: Provided, That
the Secretary shall transfer these funds to the Agricultural
Research Service, the Animal and Plant Health Inspection
Service, the Agricultural Marketing Service, and/or the Food
Safety and Inspection Service: Provided further, That the
entire amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended:
Provided further, That the entire amount shall be available
only to the extent an official budget request that includes
designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted by the
President to the Congress.
Agricultural Research Service
SALARIES AND EXPENSES
For an additional amount for ``Salaries and Expenses'',
$8,000,000, to remain available until September 30, 2003:
Provided, That the entire amount is designated by the Congress
as an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985,
as amended: Provided further, That the entire amount shall be
available only to the extent an official budget request that
includes designation of the entire amount of the request as an
emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress.
BUILDINGS AND FACILITIES
For an additional amount for ``Buildings and Facilities'',
$25,000,000, to remain available until expended.
Cooperative State Research, Education, and Extension Service
EXTENSION ACTIVITIES
For an additional amount for ``Extension Activities'',
$6,000,000, to remain available until September 30, 2003:
Provided, That the entire amount is designated by the Congress
as an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985,
as amended: Provided further, That the entire amount shall be
available only to the extent an official budget request that
includes designation of the entire amount of the request as an
emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress.
Animal and Plant Health Inspection Service
SALARIES AND EXPENSES
For an additional amount for ``Salaries and Expenses'',
$33,000,000, to remain available until September 30, 2003:
Provided, That this amount shall include assistance in state
efforts to prevent and control transmissible spongiform
encephalopathy, including chronic wasting disease and scrapie,
in farmed and free-ranging animals: Provided further, That the
entire amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended:
Provided further, That the entire amount shall be available
only to the extent an official budget request that includes
designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted by the
President to the Congress.
Food Safety and Inspection Service
For an additional amount for ``Food Safety and Inspection
Service'', $13,000,000, to remain available until September 30,
2003: Provided, That the entire amount isdesignated by the
Congress as an emergency requirement pursuant to section 251(b)(2)(A)
of the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended: Provided further, That the entire amount shall be available
only to the extent an official budget request that includes designation
of the entire amount of the request as an emergency requirement as
defined in the Balanced Budget and Emergency Deficit Control Act of
1985, as amended, is transmitted by the President to the Congress.
Natural Resources Conservation Service
WATERSHED AND FLOOD PREVENTION OPERATIONS
For an additional amount for ``Watershed and Flood
Prevention Operations'', for emergency recovery operations,
$144,000,000, to remain available until expended: Provided,
That of this amount, $50,000,000 is designated by the Congress
as an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985,
as amended: Provided further, That $50,000,000 shall be
available only to the extent an official budget request, that
includes designation of $50,000,000 as an emergency requirement
as defined in the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended, is transmitted by the President to the
Congress.
Rural Development
RURAL COMMUNITY ADVANCEMENT PROGRAM
For an additional amount for ``Rural Community Advancement
Program'' for emergency purposes for grants and loans as
authorized by 7 U.S.C. 381E(d)(2), 306(a)(14), and 306C,
$20,000,000, with up to $5,000,000 for contracting with
qualified organization(s) to conduct vulnerability assessments
for rural community water systems, to remain available until
expended: Provided, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That the
entire amount shall be available only to the extent an official
budget request that includes designation of the entire amount
of the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Congress.
Rural Utilities Service
LOCAL TELEVISION LOAN GUARANTEE PROGRAM ACCOUNT
(INCLUDING RESCISSION)
Of funds made available under this heading for the cost of
guaranteed loans, including the cost of modifying loans as
defined in section 502 of the Congressional Budget Act of 1974,
$20,000,000 are rescinded.
For an additional amount for ``Local Television Loan
Guarantee Program Account'', $8,000,000, to remain available
until expended.
Food and Nutrition Service
SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND CHILDREN
(WIC)
For an additional amount for ``Special Supplemental
Nutrition Program for Women, Infants, and Children (WIC)'',
$75,000,000, to remain available until September 30, 2003:
Provided, That of the amounts provided under this heading, the
Secretary shall allocate funds, notwithstanding section 17(i)
of the Child Nutrition Act of 1966, as amended, in the manner
and under a formula the Secretary deems necessary to respond to
caseload requirements.
FOOD STAMP PROGRAM
(RESCISSION)
Of funds which may be reserved by the Secretary for
allocation to State agencies under section 16(h)(1) of the Food
Stamp Act of 1977 to carry out the Employment and Training
program, $24,000,000 are rescinded and returned to the
Treasury.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
SALARIES AND EXPENSES
For an additional amount for ``Food and Drug
Administration, Salaries and Expenses'', $17,000,000, to remain
available until expended: Provided, That the entire amount is
designated by the Congress as an emergency requirement pursuant
to section 251(b)(2)(A) of such Act: Provided further, That the
entire amount shall be available only to the extent an official
budget request, that includes designation of the entire amount
of the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Congress.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 101. Of the funds made available for the Export
Enhancement Program, pursuant to section 301(e) of the
Agricultural Trade Act of 1978, as amended by Public Law 104-
127, not more than $33,000,000 shall be available in fiscal
year 2002.
Sec. 102. Assistance To Agricultural Producers Who Have
Used Water For Irrigation From the Rio Grande. (a) In
General.--The Secretary of Agriculture shall use $10,000,000 of
the funds of the Commodity Credit Corporation to make a grant
to the State of Texas, acting through the Texas Department of
Agriculture, to provide assistance to agricultural producers in
the State of Texas with farming operations along the Rio Grande
who have suffered economic losses during the 2001 crop year due
to the failure of Mexico to deliver water to the United States
in accordance with the Treaty Relating to the Utilization of
Waters of the Colorado and Tijuana Rivers and of the Rio
Grande, and Supplementary Protocol signed November 14, 1944,
signed at Washington on February 3, 1944 (59 Stat. 1219; TS
944).
(b) Amount.--The amount of assistance provided to
individual agricultural producers under this section shall be
proportional to the amount of actual losses described in
subsection (a) that were incurred by the producers.
Sec. 103. Not later than 14 days after the date of
enactment of this Act, the Secretary of Agriculture shall carry
out the transfer of funds under section 2507(a) of the Food
Security and Rural Investment Act of 2002 (Public Law 107-171).
Sec. 104. (a) Rescission.--The unobligated balances of
authority available under section 2108(a) of Public Law 107-20
are rescinded prior to the end of fiscal year 2002.
(b) Appropriation.--There is appropriated to the Secretary
of Agriculture an amount equal to the unobligated balance
rescinded by subsection (a) for expenses through fiscal year
2003 under the Agricultural Trade Development and Assistance
Act of 1954, as amended (7 U.S.C. 1721-1726a) for commodities
supplied in connection with dispositions abroad pursuant to
title II of said Act.
Sec. 105. Section 416(b)(7)(D)(iv) of the Agricultural Act
of 1949 (7 U.S.C. 1431(b)(7)(D)(iv)) is amended by striking
``subsection.'' and inserting in lieu thereof the following:
``subsection, or to otherwise carry out the purposes of this
subsection.''.
Sec. 106. Notwithstanding any other provision of law and
effective on the date of enactment of this Act, the Secretary
may use an amount not to exceed $12,000,000 from the amounts
appropriated under the heading ``Food Safety and Inspection
Service'' under the Agriculture, Rural Development, Food and
Drug Administration, and Related Agencies Appropriations Act,
2001 (Public Law 106-387) to liquidate over-obligations and
over-expenditures of the Food Safety and Inspection Service
incurred during previous fiscal years, approved by the Director
of the Office of Management and Budget based on documentation
provided by the Secretary of Agriculture.
CHAPTER 2
DEPARTMENT OF JUSTICE
General Administration
SALARIES AND EXPENSES
For an additional amount for ``Salaries and Expenses'' for
expenses resulting from the September 11, 2001, terrorist
attacks, $6,750,000: Provided, That such sums as are necessary
shall be derived from the Working Capital Fund for the
development, testing, and deployment of a standards-based,
integrated, interoperable computer system for the Immigration
and Naturalization Service (``Chimera system''), to be managed
by Justice Management Division: Provided further, That of the
amounts made available under this heading, $1,000,000 shall
only be for the Entry Exit System, to be managed by the Justice
Management Division: Provided further, That none of the funds
appropriated in this Act, or in Public Law 107-117, for the
Immigration and Naturalization Service's Entry Exit System may
be obligated until the INS submits a plan for expenditure that
(1) meets the capital planning and investment control review
requirements established by the Office of Management and
Budget, including OMB Circular A-11, part 3; (2) complies with
the acquisition rules, requirements, guidelines, and systems
acquisition management practices of the Federal Government; (3)
is reviewed by the General Accounting Office; and (4) has been
approved by the Committees on Appropriations: Provided further,
That funds provided under this heading shall only be available
for obligation and expenditure in accordance with the
procedures applicable to reprogramming notifications set forth
in section 605 of Public Law 107-77: Provided further, That the
entire amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended:
Provided further, That $1,000,000 shall be available only to
the extent an official budget request that includes designation
of the $1,000,000 as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Congress.
SALARIES AND EXPENSES, UNITED STATES ATTORNEYS
(RESCISSION)
Of the amounts made available under this heading in Public
Law 107-77, $7,000,000 are rescinded.
SALARIES AND EXPENSES, UNITED STATES MARSHALS SERVICE
For an additional amount for ``Salaries and Expenses'' for
emergency expenses resulting from the September 11, 2001,
terrorist attacks, $37,900,000, to remain available until
expended: Provided, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That the
entire amount shall be available only to the extent that an
official budget request, that includes designation of the
entire amount of the request as an emergency requirement as
defined in the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended, is transmitted by the President to the
Congress.
federal prisoner detention
(RESCISSION)
Of the amounts made available under this heading in Public
Law 107-77, $30,000,000 are rescinded.
ASSETS FORFEITURE FUND
(RESCISSION)
Of the unobligated balances available under this heading,
$5,000,000 are rescinded.
Federal Bureau of Investigation
SALARIES AND EXPENSES
For an additional amount for ``Salaries and Expenses'' for
emergency expenses resulting from the September 11, 2001,
terrorist attacks, $175,000,000, to remain available until
September 30, 2004: Provided, That the entire amount is
designated by the Congress as an emergency requirement pursuant
to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further, That
$165,000,000 shall be available only to the extent that an
official budget request that includes designation of the
$165,000,000 as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Congress.
Immigration and Naturalization Service
SALARIES AND EXPENSES
ENFORCEMENT AND BORDER AFFAIRS
For an additional amount for ``Salaries and Expenses,
Enforcement and Border Affairs'' for emergency expenses
resulting from the September 11, 2001, terrorist attacks,
$81,250,000, to remain available until expended, of which
$25,000,000 shall only be available for fleet management:
Provided, That the entire amount is designated by the Congress
as an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985,
as amended: Provided further, That $46,250,000 shall be
available only to the extent that an official budget request
that includes designation of the $46,250,000 as an emergency
requirement as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted by the
President to the Congress.
CONSTRUCTION
For an additional amount for ``Construction'' for emergency
expenses resulting from the September 11, 2001, terrorist
attacks, $32,100,000, to remain available until expended:
Provided, That the entire amount is designated by the Congress
as an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985,
as amended: Provided further, That the entire amount shall be
available only to the extent an official budget request that
includes designation of the entire amount of the request as an
emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress.
Federal Prison System
BUILDINGS AND FACILITIES
(RESCISSION)
Of the amounts made available under this heading in Public
Law 107-77 for buildings and facilities, $5,000,000 are
rescinded.
Office of Justice Programs
JUSTICE ASSISTANCE
(INCLUDING RESCISSION)
For an additional amount for ``Justice Assistance'' for
grants, cooperative agreements, and other assistance authorized
by sections 819 and 821 of the Antiterrorism and Effective
Death Penalty Act of 1996 and section 1014 of the USA PATRIOT
Act (Public Law 107-56) and for other counter-terrorism
programs, including first responder training and equipment to
respond to acts of terrorism, including incidents involving
weapons of mass destruction or chemical or biological weapons,
$151,300,000, to remain available until expended: Provided,
That no funds under this heading shall be used to duplicate the
Federal Emergency Management Agency Fire Grant program:
Provided further, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That the
entire amount shall be available only to the extent an official
budget request that includes designation of the entire amount
of the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Congress.
Of the amounts made available under this heading for the
Office of the Assistant Attorney General for Office of Justice
Programs, $600,000 are rescinded.
COMMUNITY ORIENTED POLICING SERVICES
For an amount to establish the Community Oriented Policing
Services' Interoperable Communications Technology Program in
consultation with the Office of Science and Technology within
the National Institute of Justice, and the Bureau of Justice
Assistance, for emergency expenses for activities related to
combating terrorism by providing grants to States and
localities to improve communications within, and among, law
enforcement agencies, $50,000,000, to remain available until
expended: Provided, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That the
entire amount shall be available only to the extent an official
budget request that includes designation of the entire amount
of the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Congress.
DEPARTMENT OF COMMERCE AND RELATED AGENCIES
RELATED AGENCIES
Office of the United States Trade Representative
SALARIES AND EXPENSES
For an additional amount for ``Salaries and Expenses'' for
emergency expenses for increased security requirements,
$1,100,000, to remain available until expended: Provided, That
the entire amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended:
Provided further, That the entire amount shall be available
only to the extent that an official budget request, that
includes designation of the entire amount of the request as an
emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress.
DEPARTMENT OF COMMERCE
Bureau of the Census
PERIODIC CENSUSES AND PROGRAMS
(RESCISSION)
Of the amounts made available under this heading in prior
fiscal years, excepting funds designated for the Suitland
Federal Center, $11,300,000 are rescinded.
National Institute of Standards and Technology
SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES
For an additional amount for ``Scientific and Technical
Research and Services'' for emergency expenses resulting from
new homeland security activities and increased security
requirements, $37,100,000, of which $20,000,000 is for a cyber-
security initiative: Provided, That the entire amount is
designated by the Congress as an emergency requirement pursuant
to section251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further, That
$33,100,000 shall be available only to the extent an official budget
request that includes designation of the $33,100,000 as an emergency
requirement as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the President to the
Congress.
National Oceanic and Atmospheric Administration
OPERATIONS, RESEARCH, AND FACILITIES
(INCLUDING RESCISSION)
For an additional amount for ``Operations, Research, and
Facilities'' for emergency expenses resulting from homeland
security activities, $4,800,000, of which $2,000,000 is to
address critical mapping and charting backlog requirements and
$2,800,000 is for backup capability for National Oceanic and
Atmospheric Administration critical satellite products and
services, to remain available until September 30, 2003:
Provided, That $2,800,000 is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended: Provided further, That $2,800,000 shall be available
only to the extent an official budget request that includes
designation of the $2,800,000 as an emergency requirement as
defined in the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended, is transmitted by the President to the
Congress.
Of the unobligated balances remaining under this heading as
provided by section 817 of Public Law 106-78, $8,100,000 are
rescinded.
PROCUREMENT, ACQUISITION AND CONSTRUCTION
For an additional amount for ``Procurement, Acquisition and
Construction'' for emergency expenses resulting from homeland
security activities, $7,200,000 for a supercomputer backup, to
remain available until September 30, 2003: Provided, That the
entire amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended:
Provided further, That the entire amount shall be available
only to the extent an official budget request that includes
designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted by the
President to the Congress.
FISHERIES FINANCE PROGRAM ACCOUNT
Funds provided under the heading, ``Fisheries Finance
Program Account'' for the direct loan program authorized by the
Merchant Marine Act of 1936, as amended, are available to
subsidize gross obligations for the principal amount of direct
loans not to exceed $5,000,000 for Individual Fishing Quota
loans, and not to exceed $19,000,000 for Traditional loans.
Departmental Management
SALARIES AND EXPENSES
For an additional amount for ``Salaries and Expenses'' for
emergency expenses resulting from new homeland security
activities, $400,000: Provided, That the entire amount is
designated by the Congress as an emergency requirement pursuant
to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
THE JUDICIARY
Supreme Court of the United States
CARE OF THE BUILDING AND GROUNDS
For an additional amount for ``Care of the Building and
Grounds'' for emergency expenses for security upgrades and
renovations of the Supreme Court building, $10,000,000, to
remain available until expended: Provided, That the entire
amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
Courts of Appeals, District Courts, and Other Judicial Services
SALARIES AND EXPENSES
For an additional amount for ``Salaries and Expenses'' for
emergency expenses to enhance security and to provide for
extraordinary costs related to terrorist trials, $7,115,000, to
remain available until expended: Provided, That the entire
amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended:
Provided further, That $3,972,000 shall be available only to
the extent that an official budget request that includes
designation of the $3,972,000 as an emergency requirement as
defined in the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended, is transmitted by the President to the
Congress.
DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
Administration of Foreign Affairs
DIPLOMATIC AND CONSULAR PROGRAMS
For an additional amount for ``Diplomatic and Consular
Programs'', for emergency expenses for activities related to
combating international terrorism, $47,450,000, to remain
available until September 30, 2003: Provided, That the entire
amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS
For an additional amount for ``Educational and Cultural
Exchange Programs'', for emergency expenses for activities
related to combating international terrorism, $15,000,000, to
remain available until expended: Provided, That the entire
amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended:
Provided further, That $5,000,000 shall be available only to
the extent an official budget request that includes designation
of the $5,000,000 as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Congress.
EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE
For an additional amount for ``Embassy Security,
Construction, and Maintenance'', for emergency expenses for
activities related to combating international terrorism,
$210,516,000, to remain available until expended: Provided,
That the entire amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended: Provided further, That $10,000,000 shall be available
only to the extent an official budget request that includes
designation of the $10,000,000 as an emergency requirement as
defined in the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended, is transmitted by the President to the
Congress.
International Organizations and Conferences
CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS
For an additional amount for ``Contributions to
International Organizations'', for emergency expenses for
activities related to combating international terrorism,
$7,000,000, to remain available until September 30, 2003:
Provided, That the entire amount is designated by the Congress
as an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985,
as amended.
CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES
For an additional amount for ``Contributions for
International Peacekeeping Activities'' to make United States
peacekeeping payments to the United Nations at a time of
multilateral cooperation in the war on terrorism, $23,034,000:
Provided, That the entire amount is designated by the Congress
as an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985,
as amended.
RELATED AGENCY
Broadcasting Board of Governors
INTERNATIONAL BROADCASTING OPERATIONS
For an additional amount for ``International Broadcasting
Operations'', for emergency expenses for activities related to
combating international terrorism, $7,400,000, to remain
available until September 30, 2003: Provided, That funds
appropriated by this paragraph shall be available
notwithstanding sections 308(c) and 313 of the Foreign
Relations Authorization Act, Fiscal Years 1994 and 1995:
Provided further, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
BROADCASTING CAPITAL IMPROVEMENTS
For an additional amount for ``Broadcasting Capital
Improvements'' for emergency expenses for activities related to
combating international terrorism, $7,700,000, to remain
available until expended: Provided, That funds appropriated by
this paragraph shall be available notwithstanding section 313
of the Foreign Relations Authorization Act, Fiscal Years 1994
and 1995.
RELATED AGENCIES
DEPARTMENT OF TRANSPORTATION
Maritime Administration
MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM ACCOUNT
(RESCISSION)
Of the unobligated balances available under this heading,
$5,000,000 are rescinded.
Securities and Exchange Commission
SALARIES AND EXPENSES
For an additional amount for ``Salaries and Expenses'' to
respond to increased needs for enforcement and oversight of
corporate finance, $30,900,000 from fees collected in fiscal
year 2002, to remain available until expended.
In addition, for an additional amount for ``Salaries and
Expenses'' for emergency expenses resulting from the September
11, 2001, terrorist attacks, $9,300,000, to remain available
until expended: Provided, That the entire amount is designated
by the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That the
entire amount shall be available only to the extent an official
budget request that includes designation of the entire amount
of the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Congress.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 201. Funds appropriated by this Act for the
Broadcasting Board of Governors and the Department of State may
be obligated and expended notwithstanding section 15 of the
State Department Basic Authorities Act of 1956, as amended.
Sec. 202. Section 286(e)(3) of the Immigration and
Nationality Act (8 U.S.C. 1356(e)(3)) is amended--
(1) by striking ``is authorized to'' and inserting
``shall''; and
(2) by striking ``authorization'' and inserting
``requirement''.
Sec. 203. (a)(1) During fiscal year 2002 and each
succeeding fiscal year, notwithstanding any provision of the
Federal Rules of Criminal Procedure to the contrary, in order
to permit victims of crimes associated with the terrorist acts
of September 11, 2001, to watch trial proceedings in the
criminal case against Zacarias Moussaoui, the trial court in
that case shall order, subject to paragraph (3) and subsection
(b), closed circuit televising of the trial proceedings to
convenient locations the trial court determines are reasonably
necessary, for viewing by those victims.
(2)(A) As used in this section and subject to subparagraph
(B), the term ``victims of crimes associated with the terrorist
acts of September 11, 2001'' means individuals who--
(i) suffered direct physical harm as a result of
the terrorist acts that occurred in New York,
Pennsylvania and Virginia on September 11, 2001
(hereafter in this section ``terrorist acts'') and were
present at the scene of the terrorist acts when they
occurred, or immediately thereafter; or
(ii) are the spouse, legal guardian, parent, child,
brother, or sister of, or who as determined by the
court have a relationship of similar significance to,
an individual described in subparagraph (A)(i), if the
latter individual is under 18 years of age,
incompetent, incapacitated, has a serious injury, or
disability that requires assistance of another person
for mobility, or is deceased.
(B) The term defined in paragraph (A) shall not apply to an
individual who participated or conspired in one or more of the
terrorist acts.
(3) Nothing in this section shall be construed to eliminate
or limit the district court's discretion to control the manner,
circumstances, or availability of the broadcast where necessary
to control the courtroom or protect the integrity of the trial
proceedings or the safety of the trial participants. The
district court's exercise of such discretion shall be entitled
to substantial deference.
(b) Except as provided in subsection (a), the terms and
restrictions of section 235(b), (c), (d) and (e) of the
Antiterrorism and Effective Death Penalty Act of 1996 (42
U.S.C. 10608(b), (c), (d), and (e)), shall apply to the
televising of trial proceedings under this section.
Sec. 204. Title II of Public Law 107-77 is amended in the
second undesignated paragraph under the heading ``Department of
Commerce, National Institute of Standards and Technology,
Industrial Technology Services'' by striking ``not to exceed
$60,700,000 shall be available for the award of new grants''
and inserting ``not less than $60,700,000 shall be used before
October 1, 2002 for the award of new grants''.
Sec. 205. None of the funds appropriated or otherwise made
available by this Act or any other Act may be used to
implement, enforce, or otherwise abide by the Memorandum of
Agreement signed by the Federal Trade Commission and the
Antitrust Division of the Department of Justice on March 5,
2002.
Sec. 206. Public Law 106-256 is amended in section 3(f)(1)
by striking ``within 18 months of the establishment of the
Commission'' and inserting ``by June 20, 2003''.
Sec. 207. The American Section, International Joint
Commission, United States and Canada, is authorized to receive
funds from the United States Army Corps of Engineers for the
purposes of conducting investigations, undertaking studies, and
preparing reports in connection with a reference to the
International Joint Commission on the Devils Lake project
mentioned in Public Law 106-377.
Sec. 208. Section 282(a)(2)(D) of the Agricultural
Marketing Act of 1946 is amended to read as follows:
``(D) in the case of wild fish, is--
``(i) harvested in the United
States, a territory of the United
States, or a State, or by a vessel that
is documented under chapter 121 of
title 46, United States Code, or
registered in the United States; and
``(ii) processed in the United
States, a territory of the United
States, or a State, including the
waters thereof, or aboard a vessel that
is documented under chapter 121 of
title 46, United States Code, or
registered in the United States; and''.
Sec. 209. Of the amounts appropriated in Public Law 107-77,
under the heading ``Department of Commerce, National Oceanic
and Atmospheric Administration, Operations, Research, and
Facilities'', for coral reef programs, $2,500,000, for a
cooperative agreement with the National Defense Center of
Excellence for Research in Ocean Sciences to conduct coral
mapping in the waters of the Hawaiian Islands and the
surrounding Exclusive Economic Zone in accordance with the
mapping implementation strategy of the United States Coral Reef
Task Force.
Sec. 210. In addition to amounts appropriated or otherwise
made available by this Act or any other Act, $11,000,000 is
appropriated to enable the Secretary of Commerce to provide
economic assistance to fishermen and fishing communities
affected by Federal closures and fishing restrictions in the
New England groundfish fishery, to remain available until
September 30, 2003.
Sec. 211. In addition to amounts appropriated or otherwise
made available by this Act or any other Act, $5,000,000 shall
be provided for a National Oceanic and Atmospheric
Administration cooperative research program in Massachusetts,
New Hampshire, Maine and Rhode Island, to remain available
until expended: Provided, That of this amount $500,000 shall be
for the cost of a reduction loan as authorized under sections
1111 and 1112 of title XI of the Merchant Marine Act, 1936, (46
U.S.C. App. 1279g) to carry out a New England groundfish
fishing capacity reduction program under section 312(b) of the
Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1861a(b)) that shall--
(1) permanently revoke all fishery licenses,
fishery permits, area and species endorsements, and any
other fishery privileges issued to a vessel or vessels
(or to persons on the basis of their operation or
ownership of that vessel or vessels) removed under the
program; and
(2) ensure that vessels removed under the program
are made permanently ineligible to participate in any
fishery worldwide, and that the owners of such vessels
will operate only under the United States flag or be
scrapped as a reduction vessel pursuant to section
600.1011(c) of title 50, Code of Federal Regulations.
Sec. 212. Of the amounts appropriated in Public Law 107-77,
under the heading ``Department of Commerce, National Oceanic
and Atmospheric Administration, Operations, Research, and
Facilities'', for Oregon groundfish cooperative research,
$500,000 shall be for the cost of a reduction loan as
authorized under sections 1111 and 1112 of title XI of the
Merchant Marine Act, 1936 (46 U.S.C. App. 1279f and 1279g) to
carry out a West Coast groundfish fishing capacity reduction
program under section 312(b) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1861a(b)) that
shall--
(1) permanently revoke all fishery licenses,
fishery permits, area and species endorsements, and any
other fishery privileges issued to a vessel or vessels
(or to persons on the basis of their operation or
ownership of that vessel or vessels) removed under the
program; and
(2) ensure that vessels removed under the program
are made permanently ineligible to participate in any
fishery worldwide, and that the owners of such vessels
will operate only under the United States flag or be
scrapped as a reduction vessel pursuant to section
600.1011(c) of title 50, Code of Federal Regulations.
Sec. 213. Amounts appropriated by title V of Public Law
107-77 under the heading ``National Veterans Business
Development Corporation'' (115 Stat. 795) shall remain
available until expended.
CHAPTER 3
DEPARTMENT OF DEFENSE
MILITARY PERSONNEL
Military Personnel, Air Force
For an additional amount for ``Military Personnel, Air
Force'', $206,000,000: Provided, That the entire amount is
designated by the Congress as an emergency requirement pursuant
to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for ``Operation and Maintenance,
Army'', $209,000,000, to remain available for obligation until
September 30, 2003: Provided, That the entire amount is
designated by the Congress as an emergency requirement pursuant
to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further, That
$102,000,000 shall be available only to the extent that an
official budget request, that includes designation of
$102,000,000 as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Congress.
Operation and Maintenance, Navy
For an additional amount for ``Operation and Maintenance,
Navy'', $48,750,000, to remain available for obligation until
September 30, 2003: Provided, That the entire amount is
designated by the Congress as an emergency requirement pursuant
to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further, That
$12,250,000 shall be available only to the extent that an
official budget request, that includes designation of
$12,250,000 as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Congress.
Operation and Maintenance, Air Force
For an additional amount for ``Operation and Maintenance,
Air Force'', $65,510,000, to remain available for obligation
until September 30, 2003: Provided, That the entire amount is
designated by the Congress as an emergency requirement pursuant
to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further, That
$24,510,000 shall be available only to the extent that an
official budget request, that includes designation of
$24,510,000 as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Congress.
Operation and Maintenance, Defense-Wide
For an additional amount for ``Operation and Maintenance,
Defense-Wide'', $721,975,000, to remain available for
obligation until September 30, 2003, of which $390,000,000 may
be used, notwithstanding any other provision of law, for
payments to reimburse Pakistan, Jordan, and other key
cooperating nations for logistical and military support
provided to United States military operations in connection
with the Global War on Terrorism: Provided, That such payments
may be made in such amounts as the Secretary may determine in
his discretion, based on documentation determined by the
Secretary to adequately account for the support provided, in
consultation with the Director of the Office of Management and
Budget and 15 days following notification to the appropriate
Congressional committees: Provided further, That such
determination shall be final and conclusive upon the accounting
officers of the United States: Provided further, That amounts
for such payments shall be in addition to any other funds that
may be available for such purpose: Provided further, That the
entire amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
Defense Emergency Response Fund
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for the ``Defense Emergency
Response Fund'', $11,901,900,000, to remain available for
obligation until September 30, 2003, of which $77,900,000 shall
be available for enhancements to North American Air Defense
Command capabilities: Provided, That the Secretary of Defense
may transfer the funds provided herein only to appropriations
for military personnel; operation and maintenance; procurement;
research, development, test and evaluation; the Defense Health
Program; Overseas Humanitarian, Disaster, and Civic Aid; and
working capital funds: Provided further, That notwithstanding
the preceding proviso, $120,000,000 of the funds provided in
this paragraph are available for transfer to any other
appropriations accounts of the Department of Defense, for
certain classified activities, and notwithstanding any other
provision of law and of this Act, such funds may be obligated
to carry out projects not otherwise authorized by law: Provided
further, That any funds transferred shall be merged with and
shall be available for the same purposes and for the same time
period as the appropriation to which transferred: Provided
further, That thetransfer authority provided in this paragraph
is in addition to any other transfer authority available to the
Department of Defense: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation are not
necessary for the purposes provided herein, such amounts may be
transferred back to this appropriation: Provided further, That during
the current fiscal year, upon a determination by the Secretary of
Defense that funds previously made available to the ``Defense Emergency
Response Fund'' are required to meet other essential operational or
readiness requirements of the military services, the Secretary may
transfer up to $275,000,000 of funds so required to the appropriate
funds or appropriations of the Department of Defense, 15 days after
notification to the congressional defense committees: Provided further,
That the entire amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended: Provided further,
That $601,900,000 shall be available only to the extent that an
official budget request that includes designation of $601,900,000 as an
emergency requirement as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted by the
President to the Congress.
PROCUREMENT
Other Procurement, Army
For an additional amount for ``Other Procurement, Army'',
$79,200,000, to remain available for obligation until September
30, 2004: Provided, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
Aircraft Procurement, Navy
For an additional amount for ``Aircraft Procurement,
Navy'', $22,800,000, to remain available for obligation until
September 30, 2004: Provided, That the entire amount is
designated by the Congress as an emergency requirement pursuant
to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
Procurement of Ammunition, Navy and Marine Corps
For an additional amount for ``Procurement of Ammunition,
Navy and Marine Corps'', $262,000,000, to remain available for
obligation until September 30, 2004: Provided, That the entire
amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
Other Procurement, Navy
For an additional amount for ``Other Procurement, Navy'',
$2,500,000, to remain available for obligation until September
30, 2004: Provided, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
Procurement, Marine Corps
For an additional amount for ``Procurement, Marine Corps'',
$3,500,000, to remain available for obligation until September
30, 2004: Provided, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
Aircraft Procurement, Air Force
For an additional amount for ``Aircraft Procurement, Air
Force'', $118,000,000, to remain available for obligation until
September 30, 2004: Provided, That the entire amount is
designated by the Congress as an emergency requirement pursuant
to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further, That
$25,000,000 shall be available only to the extent that an
official budget request, that includes designation of
$25,000,000 as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Congress.
Procurement of Ammunition, Air force
For an additional amount for ``Procurement of Ammunition,
Air Force'', $115,000,000, to remain available for obligation
until September 30, 2004: Provided, That the entire amount is
designated by the Congress as an emergency requirement pursuant
to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
Other Procurement, Air Force
For an additional amount for ``Other Procurement, Air
Force'', $747,840,000, to remain available for obligation until
September 30, 2004: Provided, That the entire amount is
designated by the Congress as an emergency requirement pursuant
to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
Procurement, Defense-Wide
For an additional amount for ``Procurement, Defense-Wide'',
$104,425,000, to remain available for obligation until
September 30, 2004: Provided, That funds may be used to
purchase two vehicles required for physical security of
personnel, notwithstanding price limitations applicable to
passenger vehicles, but not to exceed $175,000 per vehicle:
Provided further, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That
$4,925,000 shall be available only to the extent an official
budget request, that includes designation of $4,925,000 as an
emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For an additional amount for ``Research, Development, Test
and Evaluation, Army'', $8,200,000, to remain available for
obligation until September 30, 2003: Provided, That the entire
amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
Research, Development, Test and Evaluation, Navy
For an additional amount for ``Research, Development, Test
and Evaluation, Navy'', $9,000,000, to remain available for
obligation until September 30, 2003: Provided, That the entire
amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
Research, Development, Test and Evaluation, Air Force
For an additional amount for ``Research, Development, Test
and Evaluation, Air Force'', $198,400,000, to remain available
for obligation until September 30, 2003: Provided, That the
entire amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended:
Provided further, That $137,600,000 shall be available only to
the extent that an official budget request, that includes
designation of $137,600,000 as an emergency requirement as
defined in the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended, is transmitted by the President to the
Congress.
Research, Development, Test and Evaluation, Defense-Wide
For an additional amount for ``Research, Development, Test
and Evaluation, Defense-Wide'', $67,000,000, to remain
available for obligation until September 30, 2003: Provided,
That the entire amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 301. (a) The appropriation under the heading
``Research, Development, Test and Evaluation, Navy'' in the
Department of Defense Appropriations Act, 2002 (Public Law 107-
117) is amended by adding the following proviso immediately
after ``September 30, 2003'': ``: Provided, That funds
appropriated in this paragraph which are available for the V-22
may be used to meet unique requirements of the Special
Operations Forces''. (b) The amendment made by subsection (a)
shall be effective as if enacted as part of the Department of
Defense Appropriations Act, 2002.
Sec. 302. During the current fiscal year, the restrictions
contained in subsection (d) of 22 U.S.C. 5952 and section 502
of the Freedom Support Act (Public Law 102-511) shall not apply
if the President certifies in writing to the Speaker of the
House of Representatives and the President pro tempore of the
Senate that waiving such restrictions is important to the
national security interests of the United States.
Sec. 303. Funds appropriated by this Act, or made available
by the transfer of funds in this Act, for intelligence
activities are deemed to be specifically authorized by the
Congress for purposes of section 504 of the National Security
Act of 1947 (50 U.S.C. 414): Provided, That any funds
appropriated or transferred to the Central Intelligence Agency
for agent operations or covert action programs authorized by
the President under section 503 of the National Security Act of
1947, as amended, shall remain available until September 30,
2003.
Sec. 304. (a) Funds appropriated to the Department of
Defense for fiscal year 2002 for operation and maintenance
under the heading ``Chemical Agents and Munitions Destruction,
Army'', may be used to pay for additional costs of
international inspectors from the Technical Secretariat of the
Organization for the Prohibition of Chemical Weapons, pursuant
to Articles IV and V of the Chemical Weapons Convention, for
inspections and monitoring of Department of Defense sites and
commercial sites that perform services under contract to the
Department of Defense, resulting from the Department of
Defense's program to accelerate its chemical demilitarization
schedule.
(b) Expenses which may be paid under subsection (a)
include--
(1) salary costs for performance of inspection and
monitoring duties;
(2) travel, including travel to and from the point
of entry into the United States and internal United
States travel;
(3) per diem, not to exceed United Nations rates
and in compliance with United Nations conditions for
per diem for that organization; and
(4) expenses for operation and maintenance of
inspection and monitoring equipment.
Sec. 305. (a)(1) In fiscal year 2002, funds available to
the Department of Defense for assistance to the Government of
Colombia shall be available to support a unified campaign
against narcotics trafficking, against activities by
organizations designated as terrorist organizations such as the
Revolutionary Armed Forces of Colombia (FARC), the National
Liberation Army (ELN), and the United Self-Defense Forces of
Colombia (AUC), and to take actions to protect human health and
welfare in emergency circumstances, including undertaking
rescue operations.
(2) The provision shall also apply to unexpired balances
and assistance previously provided from prior years' Acts
available for purposes identified in subsection (a)(1).
(3) The authority in this section is in addition to
authorities currently available to provide assistance to
Colombia.
(b) The authorities provided in subsection (a) shall not be
exercised until the Secretary of Defense certifies to the
Congress that the provisions of section 601(b) of this Act have
been complied with.
(c) Sections 556, 567, and 568 of Public Law 107-115,
section 8093 of the Department of Defense Appropriations Act,
2002, and the numerical limitations on the number of United
States military personnel and United States individual civilian
contractors in section 3204(b)(1) of Public Law 106-246, as
amended, shall be applicable to funds made available pursuant
to the authority contained in subsection (a).
(d) No United States Armed Forces personnel or United
States civilian contractor employed by the United States will
participate in any combat operation in connection with
assistance made available under this chapter, except for the
purpose of acting in self defense or rescuing any United States
citizen to include United States Armed Forces personnel, United
States civilian employees, and civilian contractors employed by
the United States.
Sec. 306. In addition to amounts appropriated or otherwise
made available elsewhere in this Act for the Department of
Defense or in the Department of Defense and Emergency
Supplemental Appropriations for Recovery from and Response to
Terrorist Attacks on the United States Act, 2002 (Public Law
107-117), $75,000,000, to remain available until September 30,
2003, is hereby appropriated to the Department of Defense under
the heading ``Chemical Agents and Munitions Destruction, Army''
for Research, development, test and evaluation, for the purpose
of accelerating chemical agent destruction at Department of
Defense facilities: Provided, That the entire amount made
available in this section is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended: Provided further, That the entire amount shall be
available only to the extent that an official budget request,
that includes designation of the entire amount as an emergency
requirement as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted by the
President to the Congress.
(RESCISSIONS)
Sec. 307. Of the funds available in Department of Defense
Appropriations Acts or otherwise available to the Department of
Defense, the following funds are hereby rescinded, from the
following accounts in the specified amounts:
``Other Procurement, Air Force'', 2001/2003,
$12,500,000;
``Missile Procurement, Air Force'', 2002/2004,
$11,600,000;
``Other Procurement, Air Force'', 2002/2004,
$52,500,000;
``Procurement, Defense-Wide'', 2002/2004,
$30,000,000; and
``Research, Development, Test and Evaluation, Air
Force'', 2002/2003, $56,500,000.
Sec. 308. During the current fiscal year and hereafter,
section 2533a of title 10, United States Code, shall not apply
to any transaction entered into to acquire or sustain aircraft
under the authority of section 8159 of the Department of
Defense Appropriations Act, 2002 (division A of Public Law 107-
117; 115 Stat. 2284).
Sec. 309. The Secretary of the Army shall obligate and
expend the $2,000,000 appropriated for the Army by Public Law
107-117 for procurement of smokeless nitrocellulose under
Activity 1, instead of under Activity 2, Production Base
Support Industrial Facilities, for the purpose of preserving a
commercially owned and operated capability of producing defense
grade nitrocellulose at the rate of at least 10,000,000 pounds
per year in order to preserve a commercial manufacturing
capability for munitions precursor supplies for the High Zone
Modular Artillery Charge System and to preserve competition in
that manufacturing capability.
Sec. 310. Not later than 15 days after the date of the
enactment of this Act, the Secretary of Defense shall obligate,
from funds made available in title II of division A of Public
Law 107-117 under the heading ``Operation and Maintenance,
Defense-Wide'' (115 Stat. 2233), $4,000,000 for a grant to
support the conversion of the Naval Security Group, Winter
Harbor (the naval base on Schoodic Peninsula), Maine, to
utilization as a research and education center for Acadia
National Park, Maine, including the preparation of a plan for
the reutilization of the naval base for such purpose that will
benefit communities in the vicinity of the naval base and
visitors to Acadia National Park and will stimulate important
research and educational activities.
Sec. 311. Of the amount available for fiscal year 2002 for
the Army National Guard for operation and maintenance,
$2,200,000 shall be made available for the Army National Guard
for information operations, information assurance operations,
and training for such operations.
(RESCISSION)
Sec. 312. Of the funds provided under the heading,
``Emergency Response Fund'', in Public Law 107-38 that were not
subject to subsequent enactment and not subject to the
restrictions of the fifth proviso of that Act, and subsequently
transferred to ``Defense Emergency Response Fund'',
$224,000,000 of unobligated amounts are hereby rescinded.
(RESCISSION)
Sec. 313. Of the unobligated funds available in titles III
and IV of the Department of Defense Appropriations Act, 2002,
$226,000,000, reflecting savings from revised economic
assumptions, shall be rescinded within 15 days of enactment of
this Act: Provided, That this reduction shall be applied on a
pro-rata basis to each appropriations account in said titles,
and to each line item, program element, project, subproject,
and activity within each such account.
CHAPTER 4
DISTRICT OF COLUMBIA
FEDERAL FUNDS
Federal Payment to the Children's National Medical Center
For a Federal payment to the Children's National Medical
Center in the District of Columbia for implementing the
District Emergency Operations Plan, $10,000,000, to remain
available until September 30, 2003, of which $8,000,000 shall
be for the expansion of quarantine facilities, and $2,000,000
shall be for the establishment of a decontamination facility
for children and families: Provided, That the entire amount is
designated by the Congress as an emergency requirement pursuant
to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further, That
the entire amount shall be available only to the extent an
official budget request that includes designation of the entire
amount of the request as an emergency requirement as defined in
the Balanced Budget and Emergency Deficit Control Act of 1985,
as amended, is transmitted by the President to the Congress.
Federal Payment to the District of Columbia
For a Federal payment to the District of Columbia to
implement the District Emergency Operations Plan, $23,000,000,
to remain available until December 1, 2003, of which
$12,000,000 is for public safety expenses related to security
events in the District of Columbia: Provided, That the Chief
Financial Officer of the District of Columbia shall provide a
report, within 15 days of an expenditure, to the Committees on
Appropriations of the House of Representatives and Senate,
detailing any expenditure of these funds: Provided further,
That $5,000,000 is for the Unified Communications Center:
Provided further, That $6,000,000 is for the construction of
containment facilities and other activities to support the
regional Bioterrorism Hospital Preparedness Program at the
Washington Hospital Center: Provided further, That beginning
October 1, 2002, the Chief Financial Officer of the Washington
Hospital Center shall provide quarterly reports to the
Committees on Appropriations of the House of Representatives
and Senate, detailing the expenditure of these funds: Provided
further, That the entire amount is designated by the Congress
as an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985,
as amended: Provided further, That the entire amount shall be
available only to the extent an official budget request that
includes designation of the entire amount of the request as an
emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress.
Federal Payment to the Washington Metropolitan Area Transit Authority
For a Federal payment to the Washington Metropolitan Area
Transit Authority, $8,000,000, to remain available until
September 30, 2003, to contribute to the creation of a regional
transportation back-up operations control center: Provided,
That the General Manager of the Washington Metropolitan Area
Transit Authority shall submit a plan for the future financing
of a regional transportation back-up operations control center
no later than February 5, 2003 to the Committees on
Appropriations of the House of Representatives and Senate:
Provided further, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That the
entire amount shall be available only to the extent an official
budget request that includes designation of the entire amount
of the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Congress.
Federal Payment to the Metropolitan Washington Council of Governments
For a Federal payment to the Metropolitan Washington
Council of Governments, $1,750,000, to remain available until
September 30, 2003, for support of the Regional Incident
Communication and Coordination System, as approved by the
Council: Provided, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That the
entire amount shall be available only to the extent an official
budget request that includes designation of the entire amount
of the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Congress.
Federal Payment to the Water and Sewer Authority of the District of
Columbia
For a Federal payment to the Water and Sewer Authority of
the District of Columbia for emergency preparedness,
$1,250,000, to remain available until September 30, 2003, for
remote monitoring of water quality: Provided, That the entire
amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended:
Provided further, That the entire amount shall be available
only to the extent an official budget request that includes
designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted by the
President to the Congress.
Federal Payment for Family Court Act
(INCLUDING RESCISSION)
Of the funds appropriated under this heading in the
District of Columbia Appropriations Act, 2002 (Public Law 107-
96; 115 Stat. 929), $700,000 made available for the Mayor of
the District of Columbia are rescinded.
For a Federal payment to the Mayor of the District of
Columbia for carrying out the District of Columbia Family Court
Act of 2001, $700,000, to remain available until September 30,
2003, of which $200,000 shall be for completion of a plan by
the Mayor on integrating the computer systems of the District
of Columbia government with the Family Court of the Superior
Court of the District of Columbia: Provided, That $500,000 of
such amount provided to the Mayor shall be for the Child and
Family Services Agency to be used for social workers to
implement Family Court reform: Provided further, That the
availability of these funds shall be subject to the reporting
and availability requirements under this heading in the
District of Columbia Appropriations Act, 2002 (Public Law 107-
96; 115 Stat. 929).
DISTRICT OF COLUMBIA FUNDS
OPERATING EXPENSES
Division of Expenses
The following amounts are appropriated for the District of
Columbia for the current fiscal year out of the general fund of
the District of Columbia.
For public safety expenses related to security events in
the District of Columbia, $12,000,000, to remain available
until December 1, 2003.
For construction of containment facilities and other
activities to support the regional Bioterrorism Hospital
Preparedness Program at the Washington Hospital Center,
$6,000,000, to remain available until December 1, 2003.
For the Unified Communications Center, $5,000,000, to
remain available until December 1, 2003.
For carrying out the District of Columbia Family Court Act
of 2001, $700,000, to remain available until September 30,
2003.
Governmental Direction and Support
The paragraph under this heading in the District of
Columbia Appropriations Act, 2002 (Public Law 107-96; 115 Stat.
933) is amended by striking: ``Provided further, That not less
than $353,000 shall be available to the Office of the
Corporation Counsel to support increases in the Attorney
Retention Allowance:'' and inserting: ``Provided further, That
not less than $353,000 shall be available to the Office of the
Corporation Counsel to support attorney compensation consistent
with performance measures contained in a negotiated collective
bargaining agreement:''.
Public Safety and Justice
(RESCISSION)
Notwithstanding any other provision of law, of the local
funds appropriated under this heading to the Department of
Corrections for support of the Corrections Information Council
in the District of Columbia Appropriations Act, 2002 (Public
Law 107-96; 115 Stat. 935), $100,000 are rescinded.
Corrections Information Council
For operations of the Corrections Information Council,
$100,000 from local funds.
Public Education System
(RESCISSION)
Notwithstanding any other provision of law, of the local
funds appropriated under this heading for public charter
schools for the fiscal year ending September 30, 2002, in the
District of Columbia Appropriations Act, 2002, (Public Law 107-
96; 115 Stat. 935), $37,000,000 are rescinded.
Human Support Services
For an additional amount for ``Human Support Services'',
$37,000,000 from local funds: Provided, That $11,000,000 shall
be for the Child and Family Services Agency to address
increased adoption case rates, higher case loads for adoption
and emergency group home utilization: Provided further, That
$26,000,000 shall be for the Department of Mental Health to
address a Medicaid revenue shortfall.
Repayment of Loans and Interest
(RESCISSION)
Of the funds appropriated under this heading in the
District of Columbia Appropriations Act, 2002 (Public Law 107-
96; 115 Stat. 940), $7,950,000 are rescinded.
Certificates of Participation
For principal and interest payments on the District's
Certificates of Participation, issued to finance the One
Judiciary Square ground lease underlying the building located
at One Judiciary Square, $7,950,000 from local funds.
ENTERPRISE AND OTHER FUNDS
Water and Sewer Authority
The following amounts are appropriated for the District of
Columbia for the current fiscal year out of the general fund of
the District of Columbia.
For remote monitoring of water quality, $1,250,000, to
remain available until September 30, 2003.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 401. The District of Columbia may use up to 1 percent
of the funds appropriated to the District of Columbia under the
Emergency Supplemental Act, 2002, (Public Law 107-117; 115
Stat. 2230), to fund the administrative costs that are needed
to fulfill the purposes of that Act. The District may use these
funds for this purpose as of January 10, 2002.
Sec. 402. Section 16(d)(2) of the Victims of Violent Crime
Compensation Act of 1996 (sec. 4-515(d)(2), D.C. Official
Code), as amended by the District of Columbia Appropriations
Act, 2002, (Public Law 107-96; 115 Stat. 928) is amended to
read as follows: ``(2) 50 percent of such balance shall be
transferred from the Fund to the Mayor and shall be used
without fiscal year limitation for outreach activities designed
to increase the number of crime victims who apply for such
direct compensation payments.''.
Sec. 403. (a) Notwithstanding any other provision of law,
the positive fund balance of the general fund of the District
government which remained at the end of fiscal year 2000 (as
reflected in the complete financial statement and report on the
activities of the District government for such fiscal year
under section 448(a)(4) of the District of Columbia Home Rule
Act) shall be used during fiscal year 2002 to provide the
minimum balances required for fiscal year 2002 for the
emergency reserve fund under section 450A of the District of
Columbia Home Rule Act and the contingency reserve fund under
section 450B of such Act.
(b) To the extent that the amount of the positive fund
balance described in subsection (a) exceeds the amount required
to provide the minimum balances in the reserve funds described
in such subsection, the District government shall use the
excess amount--
(1) to address potential deficits in the budget of
the District government for fiscal year 2002, subject
to the same conditions applicable under section
202(j)(3) of the District of Columbia Financial
Responsibility and Management Assistance Act of 1995 to
the obligation and expenditure of the budget reserve
and cumulative cash reserve under such section; or
(2) if the Chief Financial Officer of the District
of Columbia certifies that the excess amount is
available and is not required to address potential
deficits in the budget of the District government for
fiscal year 2002, for Pay-As-You-Go Capital Funds.
(c) To the extent that the excess amount described in
subsection (b) is used to address potential deficits in the
budget of the District government for fiscal year 2002, such
amount shall remain available until expended.
(d)(1) The item relating to ``District of Columbia Funds--
Operating Expenses--Repayment of Loans and Interest'' in the
District of Columbia Appropriations Act, 2002 (Public Law 107-
96; 115 Stat. 940) is amended by striking ``That any funds set
aside'' and all that follows through ``That for equipment
leases,'' and inserting ``That for equipment leases,''.
(2) Section 159(c) of the District of Columbia
Appropriations Act, 2001 (Public Law 106-522; 114 Stat. 2482),
as amended by section 133(c) of the District of Columbia
Appropriations Act, 2002 (Public Law 107-96; 115 Stat. 956) is
amended by striking paragraph (3).
Sec. 404. The Chief Financial Officer of the Washington
Metropolitan Area Transit Authority may use up to $2,400,000
from funds appropriated under Public Law 107-117 under the
account, ``Federal Payment to the Washington Metropolitan Area
Transit Authority'', that contains funds for protective
clothing and breathing apparatus activities, for employee and
facility security and completion of the fiber optic network
project.
Sec. 405. The District of Columbia Courts may expend up to
$3,000,000 to carry out the District of Columbia Family Court
Act of 2001 from the ``Federal Payment to the District of
Columbia Courts'' account: Provided, That such funds may be
transferred to the ``Federal Payment to the District of
Columbia Courts'' account from the ``Federal Payment for Family
Court Act'' account in reimbursement for such obligations and
expenditures as are necessary to implement the District of
Columbia Family Court Act of 2001 for the period from October
1, 2001 to September 30, 2002, once funds in the ``Federal
Payment for Family Court Act'' account become available.
Sec. 406. Section 11-908A(b)(4) of the District of Columbia
Code (as added by Public Law 107-114) is amended by striking
``section 11-1501(b)'' and inserting ``section 433 of the
District of Columbia Home Rule Act''.
Sec. 407. (a) Under the heading, ``Federal Payment to the
Thurgood Marshall Academy Charter School'' provided under
Public Law 107-96, strike ``Anacostia'' and insert ``Southeast,
Washington, D.C.''.
(b) Under the heading, ``Federal Payment to Southeastern
University'' provided under Public Law 107-96, strike
everything after ``a public/private partnership'' and insert in
lieu thereof, ``to plan a two year associate degree program.''.
Sec. 408. Section 119 of the District of Columbia
Appropriations Act, 2002 (Public Law 107-96; 115 Stat. 950) is
amended as follows:
(1) In the heading, by inserting ``and Other
Funds'' after ``Grants''.
(2) In subsection (a), by inserting ``and other
funds'' after ``other grants''.
(3) By amending subsection (b) to read as follows:
``(b) Requirements.--
``(1) Chief financial officer report and council
approval for grants.--
``(A) No such Federal, private, or other
grant may be accepted, obligated, or expended
pursuant to subsection (a) until--
``(i) the Chief Financial Officer
of the District of Columbia submits to
the Council a report setting forth
detailed information regarding such
grant; and
``(ii) the Council has reviewed and
approved the acceptance, obligation,
and expenditure of such grant.
``(B) For purposes of subparagraph (A)(ii),
the Council shall be deemed to have reviewed
and approved the acceptance, obligation, and
expenditure of a grant if--
``(i) no written notice of
disapproval is filed with the Secretary
of the Council within 14 calendar days
of the receipt of the report from the
Chief Financial Officer under
subparagraph (A)(i); or
``(ii) if such a notice of
disapproval is filed within such
deadline, the Council does not by
resolution disapprove the acceptance,
obligation, or expenditure of the grant
within 30 calendar days of the initial
receipt of the report from the Chief
Financial Officer under subparagraph
(A)(i).
``(2) Certification of chief financial officer and
notification of committees for other funds.--No funds
which are not grants may be accepted, obligated, or
expended pursuant to subsection (a)--
``(A) unless the Chief Financial Officer of
the District of Columbia certifies that the
funds are available and are not required to
address potential deficits; and
``(B) until the expiration of the 14-day
period which begins on the date the Mayor
notifies the Committees on Appropriations of
the House of Representatives and Senate of the
acceptance, obligation, and expenditure of such
funds.''.
(4) In subsection (c)--
(A) by striking ``under subsection (b)(2)
of this section'' and inserting ``or other
funds under this section'';
(B) by inserting ``or other funds'' after
``or other grant''; and
(C) by striking ``such paragraph'' and
inserting ``this section''.
(5) In subsection (d), by inserting ``and other
funds'' after ``and other grants''.
Sec. 409. Effective June 30, 2002, the authority which the
Chief Financial Officer of the District of Columbia exercised
with respect to personnel, procurement, and the preparation of
fiscal impact statements during a control period (as defined in
Public Law 104-8) shall remain in effect through July 1, 2003
or until such time as the District of Columbia Fiscal Integrity
Act becomes effective, whichever occurs sooner.
CHAPTER 5
DEPARTMENT OF DEFENSE--CIVIL
Department of the Army
Corps of Engineers--Civil
Operation and Maintenance, General
For an additional amount for ``Operation and Maintenance,
General'' for emergency expenses, $108,200,000, to remain
available until September 30, 2003: Provided, That the entire
amount shall be available only to the extent an official budget
request that includes designation of the entire amount of the
request as an emergency requirement as defined in the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended,
is transmitted by the President to the Congress: Provided
further, That the entire amount is designated by the Congress
as an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985,
as amended: Provided further, That funds made available under
this heading in this Act and in Public Law 107-117 may be used
to fund measures and activities undertaken by the Secretary of
the Army, acting through the Chief of Engineers, to protect and
secure any infrastructure owned or operated by, or on behalf
of, the U.S. Army Corps of Engineers, including administrative
buildings and facilities; and, in addition, $32,000,000, to
remain available until expended: Provided, That using the funds
appropriated herein, the Secretary of the Army, acting through
the Chief of Engineers, is directed to repair, restore, and
clean-up Corps' projects and facilities and dredge navigation
channels, restore and clean out area streams, provide emergency
streambank protection, restore other crucial public
infrastructure (including sewer and water facilities), document
flood impacts and undertake other flood recovery efforts deemed
necessary and advisable by the Chief of Engineers: Provided
further, That $10,000,000 of the funds provided shall be for
Southern West Virginia, Eastern Kentucky, and Southwestern
Virginia: Provided further, That the remaining $22,000,000
shall be available for Western Illinois, Southern Indiana,
Eastern Missouri, and the Upper Peninsula of Michigan.
DEPARTMENT OF THE INTERIOR
Bureau of Reclamation
WATER AND RELATED RESOURCES
For an additional amount for ``Water and Related
Resources'', $7,000,000, to remain available until expended:
Provided, That $3,000,000 is for the drilling of emergency
wells in Santa Fe, New Mexico: Provided further, That
$4,000,000 is to be used for the lease of up to 38,000 acre-
feet of emergency water for the Rio Grande in New Mexico, in
compliance with the existing biological opinion.
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
Science
For an additional amount for ``Science'' for emergency
expenses necessary to support safeguards and security
activities, $24,000,000: Provided, That the entire amount shall
be available only to the extent an official budget request that
includes designation of the entire amount of the request as an
emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress: Provided further,
That the entire amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
ATOMIC ENERGY DEFENSE ACTIVITIES
National Nuclear Security Administration
WEAPONS ACTIVITIES
(INCLUDING RESCISSION)
For an additional amount for ``Weapons Activities'' for
emergency expenses, $158,050,000: Provided, That $138,650,000
shall be available only to the extent that an official budget
request for $138,650,000 that includes designation of the
entire amount of the request as an emergency requirement as
defined in the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended, is transmitted by the President to the
Congress: Provided further, That the entire amount is
designated by the Congress as an emergency requirement pursuant
to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
Of the funds appropriated under this heading in Public Law
107-66 and prior Energy and Water Development Appropriations
Acts, $14,460,000 of unexpended balances are rescinded.
DEFENSE NUCLEAR NONPROLIFERATION
For an additional amount for ``Defense Nuclear
Nonproliferation'' for emergency activities necessary to
support the safeguarding of nuclear material, $100,000,000, to
remain available until December 31, 2002.
OFFICE OF THE ADMINISTRATOR
For an additional amount for ``Office of the
Administrator'' for emergency expenses, $1,750,000: Provided,
That the entire amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended: Provided further, That the entire amount shall be
available only to the extent an official budget request that
includes designationof the entire amount of the request as an
emergency requirement as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted by the
President to the Congress.
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES
Defense Environmental Restoration and Waste Management
(INCLUDING RESCISSION)
For an additional amount for ``Defense Environmental
Restoration and Waste Management'' for emergency expenses
necessary to support safeguards and security activities,
$56,000,000: Provided, That the entire amount shall be
available only to the extent an official budget request that
includes designation of the entire amount of the request as an
emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress: Provided further,
That the entire amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
Of the funds appropriated under this heading in Public Law
107-66 and prior Energy and Water Development Appropriations
Acts, $15,540,000 of unexpended balances are rescinded.
Defense Facilities Closure Projects
For an additional amount for ``Defense Facilities Closure
Projects'' for emergency expenses necessary to support
safeguards and security activities, $14,000,000: Provided, That
the entire amount shall be available only to the extent an
official budget request that includes designation of the entire
amount of the request as an emergency requirement as defined in
the Balanced Budget and Emergency Deficit Control Act of 1985,
as amended, is transmitted by the President to the Congress:
Provided further, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
Other Defense Activities
For an additional amount for ``Other Defense Activities''
for emergency expenses necessary to support energy security and
assurance activities, $7,000,000: Provided, That the entire
amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 501. The amounts invested by the non-Federal interests
in the biomass project at Winona, Mississippi, before the date
of enactment of this Act shall constitute full satisfaction of
the cost-sharing requirement under section 3002 of the Energy
Policy Act of 1992 (42 U.S.C. 13542).
Sec. 502. Section 1 of Public Law 105-204 (112 Stat. 681)
is amended--
(1) in subsection (b), by striking ``until the
date'' and all that follows and inserting ``until the
date that is 30 days after the date on which the
Secretary of Energy awards a contract under subsection
(c), and no such amounts shall be available for any
purpose except to implement the contract.''; and
(2) by striking subsection (c) and inserting the
following:
``(c) Contracting Requirements.--
``(1) In general.--Notwithstanding any other
provision of law (except section 1341 of title 31,
United States Code), the Secretary of Energy shall--
``(A) not later than 10 days after the date
of enactment of this paragraph, request
offerors whose proposals in response to Request
for Proposals No. DE-RP05-010R22717
(`Acquisition of Facilities and Services for
Depleted Uranium Hexalfluoride (DUF6)
Conversion Project') were included in the
competitive range as of January 15, 2002, to
confirm or reinstate the offers in accordance
with this paragraph, with a deadline for
offerors to deliver reinstatement or
confirmation to the Secretary of Energy not
later than 20 days after the date of enactment
of this paragraph; and
``(B) not later than 30 days after the date
of enactment of this paragraph, select for
award of a contract the best value of proposals
confirmed or reinstated under subparagraph (A),
and award a contract for the scope of work
stated in the Request for Proposals, including
the design, construction, and operation of--
``(i) a facility described in
subsection (a) on the site of the
gaseous diffusion plant at Paducah,
Kentucky; and
``(ii) a facility described in
subsection (a) on the site of the
gaseous diffusion plant at Portsmouth,
Ohio.
``(2) Contract terms.--Notwithstanding any other
provision of law (except section 1341 of title 31,
United States Code) the Secretary of Energy shall
negotiate with the awardee to modify the contract
awarded under paragraph (1) to--
``(A) require, as a mandatory item, that
groundbreaking for construction occur not later
than July 31, 2004, and that construction
proceed expeditiously thereafter;
``(B) include as an item of performance the
transportation, conversion, and disposition of
depleted uranium contained in cylinders located
at the Oak Ridge K-25 uranium enrichment
facility located in the East Tennessee
Technology Park at Oak Ridge, Tennessee,
consistent with environmental agreements
between the State of Tennessee and the
Secretary of Energy; and
``(C) specify that the contractor shall not
proceed to perform any part of the contract
unless sufficient funds have been appropriated,
in advance, specifically to pay for that part
of the contract.
``(3) Certification of groundbreaking.--Not later
than 5 days after the date of groundbreaking for each
facility, the Secretary of Energy shall submit to
Congress a certification that groundbreaking has
occurred.
``(d) Funding.--
``(1) In general.--For purposes of carrying out
this section, the Secretary of Energy may use any
available appropriations (including transferred
unobligated balances).
``(2) Authorization of appropriations.--There are
authorized to be appropriated, in addition to any funds
made available under paragraph (1), such sums as are
necessary to carry out this section.''.
CHAPTER 6
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
CHILD SURVIVAL AND HEALTH PROGRAMS FUND
For an additional amount for ``Child Survival and Health
Programs Fund'' for emergency expenses for activities related
to combating HIV/AIDS, tuberculosis, and malaria, $200,000,000,
to remain available until June 30, 2003: Provided, That such
activities should include maternal health and related
assistance in communities heavily impacted by HIV/AIDS:
Provided further, That additional assistance should be provided
to prevent transmission of HIV/AIDS from mother to child:
Provided further, That of the funds appropriated under this
heading in this Act, not less than $100,000,000 should be made
available for a further United States contribution to the
Global Fund to Fight AIDS, Tuberculosis, and Malaria: Provided
further, That the cumulative amount of United States
contributions to the Global Fund may not exceed the total
resources provided by other donors and available for use by the
Global Fund as of December 31, 2002: Provided further, That of
the funds appropriated under this heading, up to $6,000,000 may
be transferred to and merged with funds appropriated by this
Act under the heading ``Operating Expenses of the United States
Agency for International Development'' for costs directly
related to international health: Provided further, That funds
appropriated by this paragraph shall be apportioned to the
United States Agency for International Development, and the
authority of sections 632(a) or 632(b) of the Foreign
Assistance Act of 1961, or any similar provision of law, may
not be used to transfer or allocate any part of such funds to
any agency of the United States Government: Provided further,
That the entire amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended: Provided further, That the entire amount shall be
available only to the extent an official budget request, that
includes designation of the entire amount of the request as an
emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress: Provided further,
That the funds appropriated under this heading shall be subject
to the regular notification procedures of the Committees on
Appropriations.
INTERNATIONAL DISASTER ASSISTANCE
For an additional amount for ``International Disaster
Assistance'' for emergency expenses for activities related to
combating international terrorism, including repairing homes of
Afghan citizens that were damaged as a result of military
operations, $134,000,000, to remain available until September
30, 2003.
In addition, for an additional amount for ``International
Disaster Assistance'' for assistance for the West Bank and
Gaza, $50,000,000, to remain available until September 30,
2003: Provided, That none of the funds appropriated by this Act
may be obligated or expended with respect to providing funds to
the Palestinian Authority: Provided further, That the entire
amount provided under this heading in this Act is designated by
the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That
$144,000,000 shall be available only to the extent an official
budget request, that includes designation of $144,000,000,
including $50,000,000 for the West Bank and Gaza, as an
emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress.
OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR INTERNATIONAL
DEVELOPMENT
For an additional amount for ``Operating Expenses of the
United States Agency for International Development'' for
emergency expenses for activities related to combating
international terrorism, $7,000,000, to remain available until
September 30, 2003: Provided, That the entire amount is
designated by the Congress as an emergency requirement pursuant
to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
Other Bilateral Economic Assistance
ECONOMIC SUPPORT FUND
For an additional amount for ``Economic Support Fund'' for
emergency expenses for activities related to combating
international terrorism, $665,000,000, to remain available
until June 30, 2003: Provided, That of the funds appropriated
by this paragraph that are made available for assistance for
Pakistan, $1,000,000 should be made available for programs and
activities which support the development of independent media
in Pakistan: Provided further, That of the funds appropriated
by this paragraph, $10,000,000 should be made available for the
establishment of a pilot academic year international youth
exchange program for secondary school students from countries
with significant Muslim populations: Provided further, That
funds made available pursuant to the previous proviso shall not
be available for a country in which a similar academic year
youth exchange program is currently funded by the United
States: Provided further, That of the funds appropriated by
this paragraph, $200,000,000 shall be made available for
assistance for Israel, all or a portion of which may be
transferred to, and merged with, funds appropriated by this Act
under the heading ``nonproliferation, anti-terrorism, demining
and related programs'' for defensive, non-lethal anti-terrorism
assistance in accordance with the provisions of chapter 8 of
part II of the Foreign Assistance Act of 1961: Provided
further, That the entire amount is designated by the Congress
as an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985,
as amended: Provided further, That $200,000,000 shall be
available only to the extent an official budget request, that
includes designation of $200,000,000 for Israel as an emergency
requirement as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted by the
President to the Congress: Provided further, That funds
appropriated under this heading, and funds appropriated under
this heading in prior Acts that are made available for the
purposes of this paragraph, may be made available
notwithstanding section 512 of Public Law 107-115 or any
similar provision of law: Provided further, That the Secretary
of State shall inform the Committees on Appropriations at least
15 days prior to the obligation of funds appropriated by this
paragraph.
ASSISTANCE FOR THE INDEPENDENT STATES OF THE FORMER SOVIET UNION
For an additional amount for ``Assistance for the
Independent States of the Former Soviet Union'' for emergency
expenses for activities related to combating international
terrorism, $110,000,000, to remain available until June 30,
2003: Provided, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That the
Secretary of State shall inform the Committees on
Appropriations at least 15 days prior to the obligation of
funds appropriated by this paragraph.
Department of State
INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT
For an additional amount for ``International Narcotics
Control and Law Enforcement'' for emergency expenses for
activities related to combating international terrorism,
$117,000,000, to remain available until September 30, 2003:
Provided, That funds appropriated under this heading should be
made available to train and equip a Colombian Armed Forces unit
dedicated to apprehending the leaders of paramilitary
organizations: Provided further, That of the funds appropriated
by this paragraph, not to exceed $6,000,000 may be made
available for assistance for the Colombian Armed Forces for
purposes of protecting the Cano Limon pipeline: Provided
further, That prior to the obligation of funds under the
previous proviso, the Secretary of State shall submit a report
to the Committees on Appropriations describing: (1) the
estimated oil revenues collected by the Government of Colombia
from the Cano Limon pipeline for the preceding 12 months; (2)
the amounts expended during such period by the Government of
Colombia and private companies owning a financial interest in
the pipeline for primary health care, basic education, micro-
enterprise and other programs and activities to improve the
lives of the people of Arauca department; (3) steps that are
being taken to increase and expand support for these programs
and activities; and (4) mechanisms that are being established
to adequately monitor such funds: Provided further, That of the
funds appropriated by this paragraph, not to exceed $4,000,000
should be made available for law enforcement training for
Indonesian police forces: Provided further, That the Secretary
of State shall inform the Committees on Appropriations at least
15 days prior to the obligation of funds appropriated by this
paragraph: Provided further, That the entire amount is
designated by the Congress as an emergency requirement pursuant
to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further, That
$3,000,000 shall be available only to the extent an official
budget request, that includes designation of $3,000,000 as an
emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress.
MIGRATION AND REFUGEE ASSISTANCE
For an additional amount for ``Migration and Refugee
Assistance'' for emergency expenses for activities related to
combating international terrorism, $40,000,000, to remain
available until June 30, 2003: Provided, That the entire amount
is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended: Provided
further, That the entire amount shall be available only to the
extent an official budget request that includes designation of
the entire amount of the request as an emergency requirement as
defined of the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended, is transmitted by the President to the
Congress.
NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED PROGRAMS
For an additional amount for ``Nonproliferation, Anti-
Terrorism, Demining and Related Programs'' for emergency
expenses for activities related to combating international
terrorism, $88,000,000, to remain available until September 30,
2003: Provided, That of the funds appropriated by this
paragraph, not to exceed $12,000,000 should be made available
for assistance for Indonesia: Provided further, That of the
funds appropriated by this paragraph, up to $1,000,000 may be
made available for small arms and light weapons destruction in
Afghanistan: Provided further, That of the funds appropriated
by this paragraph, up to $1,000,000 may be made available for
the Nonproliferation and Disarmament Fund: Provided further,
That the entire amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended: Provided further, That $5,000,000 shall be available
only to the extent an official budget request, that includes
designation of $5,000,000 as an emergency requirement as
defined in the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended, is transmitted by the President to the
Congress: Provided further, That funds appropriated by this
paragraph shall be subject to the regular notification
procedures of the Committees on Appropriations.
MILITARY ASSISTANCE
Funds Appropriated to the President
FOREIGN MILITARY FINANCING PROGRAM
For an additional amount for ``Foreign Military Financing
Program'' for emergency expenses for activities related to
combating international terrorism, $387,000,000, to remain
available until June 30, 2003: Provided, That funds made
available by this Act for assistance for the Government of
Uzbekistan may be made available if the Secretary of State
determines and reports to the Committees on Appropriations that
the Government of Uzbekistan is making substantial and
continuing progress in meeting its commitments under the
``Declaration on the Strategic Partnership and Cooperation
Framework Between the Republic of Uzbekistan and the United
States of America'': Provided further, That the entire amount
is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended: Provided
further, That $30,000,000 shall be available only to the extent
an official budget request, that includes designation of
$30,000,000 for the Philippines as an emergency requirement as
defined in the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended, is transmitted by the President to the
Congress: Provided further, That the Secretary of State shall
inform the Committees on Appropriations at least 15 days prior
to the obligation of funds appropriated by this paragraph:
Provided further, That funds appropriated under this heading,
and funds appropriated under this heading in prior Acts that
are made available for the purposes of this paragraph, may be
made available notwithstanding section 512 of the Foreign
Operations, Export Financing, and Related Programs
Appropriations Act, 2002 or any similar provision of law:
Provided further, That not to exceed $2,000,000 of the funds
appropriated in this paragraph may be obligated for necessary
expenses, including the purchase of passenger motor vehicles
for use outside of the United States, for the general cost of
administering military assistance and sales.
PEACEKEEPING OPERATIONS
For an additional amount for ``Peacekeeping Operations''
for emergency expenses for activities related to combating
international terrorism, $20,000,000, to remain available until
June 30, 2003: Provided, That the entire amount is designated
by the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That funds
appropriated by this paragraph shall be available only for
Afghanistan, and may be made available notwithstanding section
512 of Public Law 107-115 or any similar provision of law.
EXPORT AND INVESTMENT ASSISTANCE
Export-Import Bank of the United States
(RESCISSION)
Of the funds appropriated under the heading ``Export-Import
Bank of the United States'' that are available for tied-aid
grants in title I of Public Law 107-115 and under such heading
in prior Acts making appropriations for foreign operations,
export financing, and related programs, $50,000,000 are
rescinded.
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
(RESCISSION)
Of the funds appropriated to carry out the provisions of
parts I and II of the Foreign Assistance Act of 1961, the
Support for East European Democracy (SEED) Act of 1989, and the
FREEDOM Support Act, in title II of the Foreign Operations,
Export Financing, and Related Programs Appropriations Act, 2000
(as contained in Public Law 106-113) and in prior Acts making
appropriations for foreign operations, export financing, and
related programs, $60,000,000 are rescinded: Provided, That
notmore than a total of $25,000,000 may be rescinded from funds
appropriated under the heading ``Development Assistance'' in said Acts:
Provided further, That no rescission may be made from funds
appropriated to carry out the provisions of section 104(c) of the
Foreign Assistance Act of 1961.
MULTILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
INTERNATIONAL FINANCIAL INSTITUTIONS
(RESCISSION)
The unobligated balances of funds provided in Public Law
92-301 and Public Law 93-142 for maintenance of value payments
to international financial institutions are rescinded.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 601. (a) Counter-Terrorism Authority.--
(1) In fiscal year 2002, funds available to the
Department of State for assistance to the Government of
Colombia shall be available to support a unified
campaign against narcotics trafficking, against
activities by organizations designated as terrorist
organizations such as the Revolutionary Armed Forces of
Colombia (FARC), the National Liberation Army (ELN),
and the United Self-Defense Forces of Colombia (AUC),
and to take actions to protect human health and welfare
in emergency circumstances, including undertaking
rescue operations.
(2) This provision shall also apply to unexpired
balances and assistance previously provided from prior
years' Acts available for the purposes identified in
paragraph (1).
(3) The authority in this section is in addition to
authorities currently available to provide assistance
to Colombia.
(b) In order to ensure effectiveness of United States
support for such a unified campaign, prior to the exercise of
the authority contained in subsection (a), the Secretary of
State shall report to the Committees on Appropriations that--
(1) the newly elected President of Colombia has--
(A) committed, in writing, to establish
comprehensive policies to combat illicit drug
cultivation, manufacturing, and trafficking
(particularly with respect to providing
economic opportunities that offer viable
alternatives to illicit crops) and to restore
government authority and respect for human
rights in areas under the effective control of
paramilitary and guerrilla organizations;
(B) committed, in writing, to implement
significant budgetary and personnel reforms of
the Colombian Armed Forces; and
(C) committed, in writing, to support
substantial additional Colombian financial and
other resources to implement such policies and
reforms, particularly to meet the country's
previous commitments under ``Plan Colombia'';
and
(2) no United States Armed Forces personnel or
United States civilian contractor employed by the
United States will participate in any combat operation
in connection with assistance made available for
Colombia under this chapter.
(c) The authority provided in subsection (a) shall cease to
be effective if the Secretary of State has credible evidence
that the Colombian Armed Forces are not conducting vigorous
operations to restore government authority and respect for
human rights in areas under the effective control of
paramilitary and guerrilla organizations.
(d) Sections 556, 567, and 568 of Public Law 107-115,
section 8093 of the Department of Defense Appropriations Act,
2002, and the numerical limitations on the number of United
States military personnel and United States individual civilian
contractors in section 3204(b)(1) of Public Law 106-246, as
amended, shall be applicable to funds made available pursuant
to the authority contained in subsection (a).
DONATED SHIPMENT OF HUMANITARIAN ASSISTANCE OVERSEAS
Sec. 602. During fiscal year 2002, of the amounts made
available by the United States Agency for International
Development to carry out the provisions of section 123(b) of
the Foreign Assistance Act of 1961, funds may be made available
to non-governmental organizations for administrative costs
necessary to implement a program to obtain available donated
space on commercial ships for the shipment of humanitarian
assistance overseas.
REPORTS ON AFGHANISTAN SECURITY AND DELIVERY OF ASSISTANCE
Sec. 603. The President shall transmit to the Committee on
Appropriations and the Committee on International Relations of
the House of Representatives and the Committee on
Appropriations and the Committee on Foreign Relations of the
Senate two reports setting forth a strategy for meeting the
security needs of Afghanistan in order to promote safe and
effective delivery of humanitarian and other assistance
throughout Afghanistan, further the rule of law and civil
order, and support the formation of a functioning,
representative Afghan national government. The first report,
which should be transmitted no later than 30 days after
enactment of this Act, should report on the strategy for
meeting the immediate security needs of Afghanistan. The second
report, which should be transmitted no later than 90 days after
enactment of this Act, should report on a long term strategy
for meeting the security needs of Afghanistan and should
include a reassessment of the strategy to meet the immediate
security needs if they have changed substantially.
CHAPTER 7
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
MANAGEMENT OF LANDS AND RESOURCES
For an additional amount for ``Management of Lands and
Resources'', $658,000, for emergency security expenses, to
remain available until expended: Provided, That the entire
amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended:
Provided further, That the entire amount shall be available
only to the extent an official budget request that includes
designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted by the
President to the Congress.
United States Fish and Wildlife Service
RESOURCE MANAGEMENT
For an additional amount for ``Resource Management'',
$1,038,000, for emergency security expenses, to remain
available until expended: Provided, That the entire amount is
designated by the Congress as an emergency requirement pursuant
to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further, That
the entire amount shall be available only to the extent an
official budget request that includes designation of the entire
amount of the request as an emergency requirement as defined in
the Balanced Budget and Emergency Deficit Control Act of 1985,
as amended, is transmitted by the President to the Congress.
CONSTRUCTION
For an additional amount for ``Construction'', $3,125,000,
to remain available until expended, for facility and safety
improvements related to homeland security: Provided, That the
Congress designates the entire amount as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended:
Provided further, That the entire amount shall be available
only to the extent an official budget request that includes
designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted by the
President to the Congress.
National Park Service
OPERATION OF THE NATIONAL PARK SYSTEM
For an additional amount for ``Operation of the National
Park System'', $1,173,000, for emergency security expenses, to
remain available until expended: Provided, That the entire
amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended:
Provided further, That the entire amount shall be available
only to the extent an official budget request that includes
designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted by the
President to the Congress.
CONSTRUCTION
For an additional amount for ``Construction'', $17,651,000,
to remain available until expended: Provided, That the Congress
designates the entire amount as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended: Provided
further, That the entire amount shall be available only to the
extent an official budget request that includes designation of
the entire amount of the request as an emergency requirement as
defined in the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended, is transmitted by the President to the
Congress.
United States Geological Survey
SURVEYS, INVESTIGATIONS, AND RESEARCH
For an additional amount for ``Surveys, Investigations, and
Research'', $26,000,000, to remain available until expended, of
which $20,000,000 is for high resolution mapping and imagery of
the Nation's strategic cities, and of which $6,000,000 is for
data storage infrastructure upgrades and emergency power supply
system improvements at the Earth Resources Observation Systems
Data Center: Provided, That the Congress designates the entire
amount as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That the
entire amount shall be available only to the extent an official
budget request that includes designation of the entire amount
of the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Congress.
Bureau of Indian Affairs
OPERATION OF INDIAN PROGRAMS
(INCLUDING RESCISSION OF FUNDS)
For an additional amount for ``Operation of Indian
Programs'', $134,000, for emergency security expenses, to
remain available until expended: Provided, That the entire
amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended:
Provided further, That the entire amount shall be available
only to the extent an official budget request that includes
designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted by the
President to the Congress.
Of the funds provided under this heading in Public Law 107-
20 for electric power operations and related activities at the
San Carlos Irrigation Project, $10,000,000 are rescinded.
Funds provided under this heading in Public Law 107-20, for
electric power operations and related activities at the San
Carlos Irrigation Project, and remaining within the account may
be used for unanticipated trust reform projects and costs
related to the ongoing Cobell litigation or other litigation
concerning the management of Indian trust funds: Provided, That
funds made available herein may, as needed, be transferred to
or merged with any account funded in the Interior and Related
Agencies Appropriations Act to reimburse costs incurred for
these litigation activities.
Departmental Offices
Departmental Management
SALARIES AND EXPENSES
For an additional amount for ``Salaries and Expenses'',
$905,000, for emergency security expenses, to remain available
until expended: Provided, That the entire amount is designated
by the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That the
entire amount shall be available only to the extent an official
budget request that includes designation of the entire amount
of the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Congress.
DEPARTMENT OF AGRICULTURE
Forest Service
WILDLAND FIRE MANAGEMENT
For an additional amount to cover necessary expenses for
wildfire suppression operations, $50,000,000, to remain
available until expended: Provided, That such funds are also
available for repayment of advances to other appropriation
accounts from which funds were previously transferred for
wildfire suppression: Provided further, That the entire amount
is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended: Provided
further, That the entire amount shall be available only to the
extent that an official budget request, that includes
designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted by the
President to the Congress.
CAPITAL IMPROVEMENT AND MAINTENANCE
For an additional amount for ``Capital Improvement and
Maintenance'', $3,500,000, to remain available until expended,
for facility enhancements to protect property from acts of
terrorism, vandalism, and theft: Provided, That the Congress
designates the entire amount as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended: Provided
further, That the entire amount shall be available only to the
extent an official budget request that includes designation of
the entire amount of the request as an emergency requirement as
defined in the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended, is transmitted by the President to the
Congress.
RELATED AGENCY
Smithsonian Institution
SALARIES AND EXPENSES
For an additional amount for ``Salaries and Expenses'', of
the Smithsonian Institution, $10,000,000, for emergency
security expenses, to remain available until expended:
Provided, That the entire amount is designated by the Congress
as an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985,
as amended: Provided further, That the entire amount shall be
available only to the extent an official budget request that
includes designation of the entire amount of the request as an
emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress.
CONSTRUCTION
For an additional amount for ``Construction'', $2,000,000,
to remain available until expended, for planning, design, and
construction of an alcohol collections storage facility at the
Museum Support Center: Provided, That the Congress designates
the entire amount as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further, That
the entire amount shall be available only to the extent an
official budget request that includes designation of the entire
amount of the request as an emergency requirement as defined in
the Balanced Budget and Emergency Deficit Control Act of 1985,
as amended, is transmitted by the President to the Congress.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 701. Within 10 days of enactment of this Act, funds
appropriated to the Forest Service under the heading ``Wildland
Fire Management'' in Public Law 107-63 for the following
purposes: $5,000,000 for research activities and $10,000,000
for capital improvement and maintenance of fire facilities,
shall be released and made available for immediate obligation.
These funds are not available for transfer for purposes other
than those described in this section.
Sec. 702. None of the funds appropriated in this or any
other Act, except funds appropriated to the Office of
Management and Budget, shall be available to study the transfer
of any research activities from the Smithsonian Institution to
the National Science Foundation.
Sec. 703. In fiscal year 2002 and thereafter, the Secretary
of the Interior may charge reasonable fees for services
provided at Midway Atoll National Wildlife Refuge, including
fuel sales, and retain those fees, to be credited to the United
States Fish and Wildlife Service, ``Resource Management''
account and remain available until expended for operation and
maintenance of infrastructure and staffing required for non-
refuge specific needs, including meeting the terms necessary
for an airport operating certificate and the purchase of fuel
supplies.
Sec. 704. The Department of the Interior and Related
Agencies Appropriations Act, 2002 (Public Law 107-63), under
the head ``Minerals Management Service, Royalty and Offshore
Minerals Management'' is amended by striking the word ``and''
immediately following the word ``points,'' in the sixth
proviso, and by inserting immediately after the word
``program'' in the sixth proviso ``, or under its authority to
transfer oil to the Strategic Petroleum Reserve,'', and by
inserting at the end of the sixth proviso immediately preceding
the colon, the following, ``and to recover MMS transportation
costs, salaries and other administrative costs directly related
to filling the Strategic Petroleum Reserve''.
Sec. 705. In entering into agreements with foreign
countries pursuant to the Wildfire Suppression Assistance Act
(42 U.S.C. 1856m) the Secretary of Agriculture and the
Secretary of the Interior are authorized to enter into
reciprocal agreements in which the individuals furnished under
said agreements to provide wildfire services are considered,
for purposes of tort liability, employees of the country
receiving said services when the individuals are fighting
fires. The Secretary of Agriculture or the Secretary of the
Interior shall not enter into any agreement under this
provision unless the foreign country (either directly or
through its fire organization) agrees to assume any and all
liability for the acts or omissions of American firefighters
engaged in firefighting in a foreign country. When an agreement
is reached for furnishing fire fighting services, the only
remedies for acts or omissions committed while fighting fires
shall be those provided under the laws of the host country and
those remedies shall be the exclusive remedies for any claim
arising out of fighting fires in a foreign country. Neither the
sending country nor any organization associated with the
firefighter shall be subject to any action whatsoever
pertaining to or arising out of fighting fires.
Sec. 706. (a) Findings.--Congress finds that--
(1) forest health conditions within the Beaver Park
Area and the Norbeck Wildlife Preserve within the Black
Hills National Forest are deteriorating and immediate
action to treat these areas is in the public interest;
(2) the existing settlement agreement in
Biodiversity Associates v. Laverty, Civil Action No.
99-N-2173, filed in the United States District Court for
the District of Colorado on September 12, 2000, (referred to
in this Act as the ``Settlement'') prevents timely action to
reduce the risk of wildfire in the Beaver Park Roadless Area;
(3) pending litigation (Sierra Club v. U.S. Forest
Service, Civ. No. 94-D-2273 (D. Colorado)) prevents
timely action to reduce the risk of wildfire in the
Norbeck Wildlife Preserve;
(4) existing administrative and legal processes
cannot address the fire danger in time to enable the
Secretary of Agriculture to take action to reduce the
danger;
(5) immediate action to address the fire danger in
an environmentally responsive manner is supported by
the State, local counties, local industry users, and
some environmental groups;
(6) the addition of 3,600 acres to the Black Elk
Wilderness in the Black Hills National Forest is in the
public interest;
(7) the State of South Dakota, Lawrence, Meade and
Pennington County fire officials are encouraged to
identify ``fire emergency zone'' areas in which public
safety may require a moratorium on issuance of new
building permits, and identify the changes in
conditions (including the adoption of fire-safe
building standards) that may be needed to end these
moratoria; and
(8) the State of South Dakota is encouraged to take
actions as necessary to create a defensible fuel zone
within state lands south and southwest of Sturgis.
(b) Purposes.--The purposes of this Section are--
(1) to authorize and direct the Secretary of
Agriculture (in this Section referred to as the
``Secretary'') to undertake actions to address promptly
the risk of fire and insect infestation; and
(2) to designate an addition to the existing Black
Elk Wilderness Area in the Black Hills National Forest.
(c) Fire and Beetle Risk Reduction in Existing Timber Sale
Analysis Areas.--
(1) In general.--Subject to paragraph (2), the
Secretary is authorized to treat additional timber
within or outside the existing cutting units for the
Piedmont, Kirk, Redhill, Cavern, Deadman, Danno and
Vanocker timber sales and within the analysis areas for
these sales as is necessary to reduce beetle
infestation and fire hazard;
(2) Criteria.--In implementing additional
treatments within the timber sale analysis areas
referred to in paragraph (1), the Secretary shall use
in order of priority the following criteria:
(A) Areas within \1/4\ mile of private
properties where private property owners have
taken or are taking actions to treat their
lands.
(B) Stands that are a fire hazard or insect
infested, and are near private lands or in
proximity to communities.
(C) Areas that have the highest intensity
or concentration of insect infestation that
will move to other areas.
(D) Stands that are a fire hazard or insect
infested, and are near areas of high resource
value where retaining green trees is important,
such as goshawk nests, sensitive landscapes,
recreation areas, and developments.
(E) Stands that are a high fire hazard or
insect infested, and are within skidding
distance of existing roads.
(F) Concentrations of insect infested
trees.
(G) Stands with the highest density that
are most susceptible to insect attack and are
in close proximity to infested trees.
(3) Additional criteria.--In carrying out this
subsection, the Secretary shall ensure that--
(A) any additional treatment for the
Cavern, Kirk, and Piedmont sales shall comply
with provisions 6c, d and e of the Settlement;
(B) any additional treatment for the
Deadman and Vanocker sales, shall be consistent
with the Black Hills Forest Plan, including the
``Phase I Amendment''; and
(C) any additional treatment for the
Redhill and Danno sales shall comply with the
provisions of 7b, c, and g of the Settlement.
(4) Skid trails.--Notwithstanding the Settlement,
the Secretary may authorize access by skid trails to
the additional treatment areas referred to in this
subsection to remove or treat infested stands, except
that the skid trails otherwise restricted by the
settlement shall be restored to pre-existing conditions
upon completion of treatment activities.
(5) Completion of treatment activities.--The
Secretary shall request timber purchasers to give
priority to completing treatment within the Piedmont,
Kirk, Redhill, Cavern, Deadman, Danno, and Vanocker
timber sale areas to address fire issues and beetle
outbreaks.
(d) Other Treatments.--
(1) Buffer zones.--The Secretary is authorized to
reduce risk to private property adjoining the Black
Hills National Forest by treating insect infested
trees, dead trees, and downed woody materials on
National Forest System lands in T5N, R5E, BHM, Section
35, and T4N, R5E, BHM, Sections 1, 2 and 12 within 200
feet of adjacent private property. The treatments shall
comply with the goshawk nest protections and snail
protections in provisions 6c and 7g of the Settlement.
(2) Additional treatments.--The Secretary is
authorized to treat for insects and fuel reduction
National Forest System lands within \1/4\ mile of
private property and other non-National Forest System
lands near the community of Sturgis, and shall include,
where feasible, the following locations:
(A) in T5N, R5E, BHM within \1/4\ mile of
the exterior boundary of the Black Hills
National Forest in--
(i) Section 35;
(ii) Section 27;
(iii) Section 21;
(iv) Section 20; and
(v) Section 18.
(B) in T5N, R4E, BHM--
(i) Section 13;
(ii) Section 11;
(iii) Section 2;
(iv) Section 3; and
(v) Section 4.
(3) Fuel breaks.--The Secretary shall establish
400-foot fuel breaks as depicted on the map entitled
``Beaver Park Fuel Breaks and Fuel Treatment Areas,''
dated June 11, 2002. In establishing the fuel breaks,
the Secretary--
(A) shall not enter any 30-acre area around
historic or active goshawk nest sites
identified in Exhibit B1 of the Settlement; and
(B) shall use best efforts to retain the
largest green trees and large snags.
(4) Limitation.--Treatment actions outside of the
Beaver Park Roadless Area authorized by subsection (c)
and subsection (d)(1), (2), and (3) shall be limited to
no more than 8,000 acres of National Forest System
land, pending the issuance of a decision on the
proposed Elk Bugs and Fuel project.
(5) Forbes gulch.--To reduce concentrated heavy
fuels, the Secretary is authorized to treat not more
than 700 acres within the area identified as Forbes
Gulch on the map referred to in paragraph (3). Such
treatments shall not involve commercial timber sales or
road construction, except that the Secretary may permit
firewood cutters to remove the timber without
construction of any roads. In carrying out the
treatments authorized by this paragraph, the
Secretary--
(A) may use the Forbes Gulch unclassified
road for motorized equipment and vehicles to
facilitate ingress and egress of equipment and
personnel and may maintain this road to minimum
standards necessary for safety and resource
protection;
(B) may utilize helicopters to fly in heavy
equipment (such as industrial chippers and
small tractors) to assist with the project;
(C) shall use best efforts to retain the
largest green trees and large snags;
(D) may construct two 10-acre safety zones;
and
(E) shall reduce the stand structure to no
less than 40 square feet basal area per acre of
live trees, if available.
(e) Fire Suppression Access in the Beaver Park Roadless
Area.--
(1) Pre-suppression plan.--The pre-suppression plan
for the Beaver Park Roadless Area provided for in the
Settlement may provide for actions authorized by this
section, and shall be completed as soon as practicable.
(2) Improved access.--The Secretary is authorized
to provide for improved fire equipment access at the
perimeter of the Beaver Park Roadless Area by improving
classified Forest Roads 139.1, 169.1b, 169.1d, and
139.1b. Such improvements shall be the minimum
necessary for crews, equipment and single axle wildfire
trucks and may include removing selected trees along
roads, constructing pull-outs and turn-arounds,
smoothing road surfaces in rough spots, and
straightening some corners.
(3) Forbes gulch unclassified road.--To protect
public safety and reduce fire risks, the Secretary
shall prohibit public access year-long on the Forbes
Gulch unclassified road. The Secretary shall conduct a
roads analysis process as provided in Forest Service
Manual 7710 and the necessary level of analysis and
documentation pursuant to the National Environmental
Policy Act of 1969 (42 U.S.C. 4321-4347) (in this
Section referred to as ``NEPA'') before making a
decision to open to public motor vehicle use the Forbes
Gulch unclassified road identified on the map entitled
``Beaver Park Fuel Breaks and Fuel Treatment Areas,''
dated June 11, 2002. Except as provided in subsection
(d)(5) and until a decision is issued, the Secretary
shall not maintain the Forbes Gulch unclassified road
and shall prohibit public access on the road.
(4) Helispots.--If sufficient openings for
helispots are not available in the Beaver Park Roadless
Area, the Secretary is authorized to construct two 5-
acre helispots within the Area to transport
firefighters and fire equipment into and out of the
area.
(5) Easements.--To facilitate firefighter access
into, and escape routes from, Beaver Park Roadless
Area, the Secretary shall attempt to acquire easements
from the exterior Forest Service boundary to I-90 on
the eastern side of Beaver Park Roadless Area, at a
minimum, along Tilford Gulch, Forbes Gulch, Pleasant
Valley and Bulldog Gulch.
(f) Needles Timber Sale Area.--
(1) Needles timber sale.--The Needles Timber Sale
shall proceed after the Secretary makes modifications
in implementation of the Decision Notice to further
benefit game animals and birds, as reflected in the
memorandum known as the ``Burns/Carter memorandum''
dated November 10, 1999, and maintained in the Black
Hills National Forest Supervisor's office. The
standards to which any road is constructed for the
timber sale shall be the minimum necessary to access
and remove timber.
(2) Research committee.--By December 1, 2003, the
Secretary shall select a committee composed of research
scientists who are federal employees to recommend an
old growth research area within the Needles area
(outside the Needles Timber Sale cutting units). By
December 1, 2004, the committee shall make its
recommendation to the Secretary. The committee's
recommendation shall be subject to public notice,
review and comment.
(g) Grizzly Timber Sale.--The Grizzly Timber Sale shall
proceed after the Secretary makes modifications in
implementation of the Decision Notice to further benefit game
animals and birds, as reflected in the memorandum known as the
``Burns/Carter memorandum'' dated November 10, 1999, and
maintained in the Black Hills National Forest Supervisor's
office. The standards to which any road is constructed for the
timber sale shall be the minimum necessary to access and remove
timber.
(h) Norbeck.--The Secretary is authorized to use the full
spectrum of management tools including prescribed fire and
silvicultural treatments to benefit game animal and bird
habitat in meeting the purposes of the Norbeck Organic Act. The
management actions required by subsections (f)(1) and (g) are
deemed consistent with the Norbeck Organic Act (16 U.S.C. 675-
678b).
(i) Norbeck Memorandum of Understanding.--By December 1,
2003, the Secretary shall propose a Memorandum of Understanding
with the South Dakota Department of Game, Fish and Parks to, at
a minimum, adopt procedures to monitor the effects of
management activities, consult on habitat management, concur on
program areas of responsibility, and review and recommend as
needed any changes to Norbeck Wildlife Preserve direction
contained in the 1997 Revised Forest Plan and future plan
amendments and revisions. The basis of the MOU will be the
guidelines set forth in the May 21, 2002 memo by SDF&P.
(j) Process.--Due to the extraordinary circumstances
present here, actions authorized by this section shall proceed
immediately and to completion notwithstanding any other
provision of law including, but not limited to, NEPA and the
National Forest Management Act (16 U.S.C. 1601 et seq.). Such
actions shall also not besubject to the notice, comment, and
appeal requirements of the Appeals Reform Act, (16 U.S.C. 1612 (note),
Pub. Law No. 102-381 sec. 322). Any action authorized by this Section
shall not be subject to judicial review by any court of the United
States. Except as provided by this Section the Settlement remains in
full force and effect.
(k) Effect of Actions.--Except for those actions required
by subsections (f)(1) and (g), the Secretary shall disclose the
effect of actions authorized by this Section in the proposed
Elk Bugs and Fuels project cumulative effects analysis for
past, present, and reasonably foreseeable future actions. The
decision for the Elk Bugs and Fuels project shall be issued not
later than July 1, 2003.
(l) Research Natural Area.--Except as provided in this
Section, the Secretary shall undertake no additional ground
disturbing or vegetation removal activities within the Beaver
Park Roadless Area until completion of the Phase II amendment
to the Black Hills National Forest Plan. The Secretary shall
analyze the Beaver Park Roadless Area for suitability as a
Research Natural Area, as required by the Settlement. The
Secretary shall not consider any of the actions authorized or
required by this section to affect the suitability of the
Beaver Park Roadless Area for designation as a Research Natural
Area.
(m) Roadless Character.--The actions authorized by this
section will not affect the determination of the Beaver Park
Roadless Area's wilderness capability, wilderness suitability,
and/or roadless character.
(n) Wilderness Designation.--Section 103 of Public Law 96-
560 is amended by--
(1) inserting ``(1)'' after ``National Wilderness
Preservation System:''; and
(2) adding before ``: Provided, That'' the
following: ``; and (2) certain lands in the Black Hills
National Forest, South Dakota, which comprise
approximately three thousand six hundred acres, as
generally depicted on a map entitled `Black Elk
Wilderness Addition-Proposed,' dated June 13, 2002, and
which shall constitute an addition to the existing
Black Elk Wilderness''.
(o) Reporting.--The Secretary shall report to the Congress
on the implementation of this section on or by November 30,
2002, June 30, 2003, and November 30, 2003.
CHAPTER 8
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
SALARIES AND EXPENSES
Of the funds provided under this heading in Public Law 107-
116 for Occupational Safety and Health Administration training
grants, not less than $3,200,000 shall be used to extend
funding for the Institutional Competency Building training
grants which commenced in September 2000, for program
activities for the period of September 30, 2002 to September
30, 2003, provided that a grantee has demonstrated satisfactory
performance.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
HEALTH RESOURCES AND SERVICES
The matter preceding the first proviso under this heading
in Public Law 107-116 is amended--
(1) by inserting ``IV,'' after ``titles II, III,'';
and
(2) by striking ``$311,978,000'' and inserting
``$315,333,000''.
The matter under this heading in Public Law 107-116 is
amended by striking ``$4,000,000 is for the Columbia Hospital
for Women Medical Center in Washington, D.C. to support
community outreach programs for children'' and inserting
``$4,000,000 is for the All Children's Hospital, St.
Petersburg, Florida to support development of a pediatric
clinical research center program''.
Centers for Disease Control and Prevention
DISEASE CONTROL, RESEARCH, AND TRAINING
For an additional amount for the Centers for Disease
Control and Prevention, ``Disease Control, Research, and
Training'', $1,000,000: Provided, That the entire amount is
designated as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That the
entire amount shall be available only to the extent an official
budget request, that includes designation of the entire amount
of the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Congress.
National Institutes of Health
BUILDINGS AND FACILITIES
(INCLUDING RESCISSION)
Of the funds provided under this heading in Public Law 107-
116, $30,000,000 are rescinded.
Under this heading in Public Law 107-116, ``$26,000,000''
is deleted and ``$36,600,000'' is inserted.
Administration for Children and Families
CHILDREN AND FAMILIES SERVICES AND PROGRAMS
For an additional amount for ``Children and Families
Services Programs'' for carrying out section 316 of the Family
Violence Prevention and Services Act (42 U.S.C. 10416),
$500,000: Provided, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That the
entire amount shall be available only to the extent an official
budget request, that includes designation of the entire amount
of the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Congress.
Office of the Secretary
PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND
For emergency expenses to respond to the September 11,
2001, terrorist attacks on the United States for ``Public
Health and Social Services Emergency Fund'' for baseline and
follow-up screening and clinical examinations, long-term health
monitoring and analysis for the emergency services personnel,
rescue and recovery personnel, $90,000,000, to remain available
until expended, of which no less than $25,000,000 shall be
available for current and retired firefighters: Provided, That
the entire amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended:
Provided further, That the entire amount shall be available
only to the extent an official budget request, that includes
designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted by the
President to the Congress.
DEPARTMENT OF EDUCATION
SCHOOL IMPROVEMENT PROGRAMS
The matter under this heading in Public Law 107-116 is
amended by inserting before the period, ``: Provided further,
That of the amount made available under subpart 8, part D,
title V of the ESEA, $2,300,000 shall be available for Digital
Educational Programming Grants''.
Of the funds provided under this heading in Public Law 107-
116 to carry out the Elementary and Secondary Education Act of
1965, $832,889,000 shall be available to carry out part D of
title V, and up to $11,500,000 may be used to carry out section
2345.
In the statement of the managers of the committee of
conference accompanying H.R. 3061 (Public Law 107-116; House
Report 107-342), in the matter relating to the Fund for the
Improvement of Education under the heading ``School Improvement
Programs''--
(1) the provision specifying $200,000 for Fresno
At-Risk Youth Services and the provision specifying
$225,000 for the Fresno Unified School District shall
be applied by substituting the following for the two
provisions: ``Fresno Unified School District, Fresno,
California, in partnership with the City of Fresno,
California, for activities to address the problems of
at-risk youth, including afterschool activities and a
mobile science unit, $425,000'';
(2) the provision specifying $250,000 for the
Wellington Public School District, Wellington, KS,
shall be deemed to read as follows: ``Wellington Public
School District, Wellington, KS, for after school
activities, $250,000'';
(3) the provision specifying $200,000 for the
Vermont Higher Education Council shall be deemed to
read as follows: ``Vermont Higher Education Consortium
to develop universal early learning programs to ensure
that at least one certified teacher will be available
in center-based child care programs, $200,000'';
(4) the provision specifying $250,000 for Education
Service District 117 in Wenatchee, WA, shall be deemed
to read as follows: ``Education Service District 171 in
Wenatchee, WA, to equip a community technology center
to expand technology-based training, $250,000'';
(5) the provision specifying $1,000,000 for the
Electronic Data Systems Project shall be deemed to read
as follows: ``Washington State Department of Education
for an electronic data systems project to create a
database that would improve the acquisition, analysis
and sharing of student information, $1,000,000'';
(6) the provision specifying $250,000 for the YMCA
of Seattle-King-Snohomish County shall be deemed to
read as follows: ``YWCA of Seattle-King County-
Snohomish County to support women and families through
an at-risk youth center and other family supports,
$250,000'';
(7) the provision specifying $50,000 for Drug Free
Pennsylvania shall be deemed to read as follows: ``Drug
Free Pennsylvania to implement a demonstration project,
$50,000'';
(8) the provision specifying $20,000,000 for the
Commonwealth of Pennsylvania Department of Education
shall be deemed to read as follows: ``$20,000,000 is
included for a grant to the Commonwealth of
Pennsylvania Department of Education to provide
assistance, through subgrants, to low-performing school
districts that are slated for potential takeover and/or
on the Education Empowerment List as prescribed by
Pennsylvania State Law. The initiative is intended to
improve the management and operations of the school
districts; assist with curriculum development; provide
after-school, summer and weekend programs; offer
teacher and principal professional development and
promote the acquisition and effective use of
instructional technology and equipment'';
(9) the provision specifying $1,000,000 for State
of Louisiana for Louisiana Online shall be deemed to
read as follows: ``Online Louisiana, Inc., New Orleans,
LA, for a K-12 technology initiative, $1,000,000'';
(10) the provision specifying $150,000 for the
American Theater Arts for Youth, Inc., Philadelphia,
PA, for a Mississippi Arts in Education Program shall
be deemed to read as follows: ``American Theater Arts
for Youth, Inc., for a Mississippi Arts in Education
program, $150,000'';
(11) the provision specifying $340,000 for the Zero
to Five Foundation, Los Angeles, California, shall be
deemed to read as follows: ``Zero to Five Foundation,
Los Angeles, California, to develop an early childhood
education and parenting project, $340,000'';
(12) the provision specifying $900,000 for the
University of Nebraska, Kearney, Nebraska, shall be
deemed to read as follows: ``University of Nebraska,
Kearney, Nebraska, for a Minority Access to Higher
Education Program to address the special needs of
Hispanic and other minority populations from grades K-
12, $900,000'';
(13) the provision specifying $25,000 for the
American Theater Arts for Youth for an Arts in
Education program shall be deemed to read as follows:
``American Theater Arts for Youth, Inc., in
Philadelphia, Pennsylvania, for an Arts in Education
program, $25,000'';
(14) the provision specifying $50,000 for the
Lewiston-Auburn College/University of Southern Maine
shall be deemed to read as follows: ``Lewiston-Auburn
College/University of Southern Maine CLASS program to
prepare teachers to meet the demands of Maine's 21st
century elementary and middle schools, $50,000''; and
(15) the provision specifying $500,000 for the
Prairie Lakes Education Cooperative in Madison, South
Dakota to advance distance learning for Native
Americans in BIA and tribal schools shall be deemed to
read as follows: ``Sisseton-Wahpeton School Board in
Agency Village, South Dakota to advance distance
learning for Native American students, $500,000''.
STUDENT FINANCIAL ASSISTANCE
For an additional amount for ``Student Financial
Assistance'' for Pell Grants, $1,000,000,000, to remain
available through September 30, 2003.
HIGHER EDUCATION
In the statement of the managers of the committee of
conference accompanying H.R. 3061 (Public Law 107-116; House
Report 107-342), in the matter relating to the Fund for the
Improvement of Postsecondary Education under the heading
``Higher Education''--
(1) the provision for Nicholls State University,
Thibodaux, LA, shall be applied by substituting
``Intergenerational Program and Advanced Technology
Program'' for ``International Program'';
(2) the provision specifying $1,000,000 for the
George J. Mitchell Scholarship Research Institute shall
be deemed to read as follows: ``George J. Mitchell
Scholarship Research Institute in Portland, Maine, for
an endowment to provide scholarships that allow
students attending public schools in Maine to continue
their education, $1,000,000'';
(3) the provision specifying $10,000,000 for the
Shriver Peace Worker Program, Inc. shall be deemed to
read as follows: ``Shriver Peace Worker Program, Inc.
to establish the Sargent Shriver Peace Center, which
may include establishing an endowment for such center,
for the purpose of supporting graduate research
fellowships, professorships, and grants and
scholarships for students related to peace studies and
social change, $10,000,000''; and
(4) the provision specifying $1,000,000 for
Cleveland State University shall be deemed to read as
follows: ``Cleveland State University, College of
Education, Cleveland, Ohio, for a K-16 Urban School
Leadership initiative, $1,000,000''.
EDUCATION RESEARCH, STATISTICS, AND ASSESSMENT
The matter under this heading in Public Law 107-116, is
amended by inserting before the period the following new
proviso: ``: Provided further, That $5,000,000 shall be
available to extend for one additional year the contract for
the Eisenhower National Clearinghouse for Mathematics and
Science Education authorized under section 2102(a)(2) of the
Elementary and Secondary Education Act of 1965, prior to its
amendment by the No Child Left Behind Act of 2001, Public Law
107-110''.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 801. The Elementary and Secondary Education Act of
1965 is hereby amended in section 8003 by amending subsection
(b)(2)(D)(ii)(III) to read as follows: ``For a local
educational agency that does not qualify under (B)(i)(II)(aa)
of this subsection and has an enrollment of more than 100 but
not more than 1,000 children described in subsection (a)(1),
the Secretary shall calculate the total number of weighted
student units for purposes of subsection (a)(2) by multiplying
the number of such children by a factor of 1.25.''.
Sec. 802. The Elementary and Secondary Education Act of
1965 is hereby amended in section 8003(b)(1) by adding the
following as subparagraph (G):
``(G) Beginning with fiscal year 2002, for
the purpose of calculating a payment under this
paragraph for a local educational agency whose
local contribution rate was computed under
subparagraph (C)(iii) for the previous year,
the Secretary shall use a local contribution
rate that is not less than 95 percent of the
rate that the LEA received for the preceding
year.''.
Sec. 803. Amounts made available in Public Law 107-116 for
the administrative and related expenses for departmental
management for the Department of Labor, the Department of
Health and Human Services, and the Department of Education,
shall be reduced by $45,000,000: Provided, That this provision
shall not apply to the Food and Drug Administration and the
Indian Health Service: Provided further, That not later than 15
days after the enactment of this Act, the Director of the
Office of Management and Budget shall report to the House and
Senate Committees on Appropriations the accounts subject to the
reductions and the amount to be reduced in each account.
Sec. 804. (a) Section 487 of the Public Health Service Act
(42 U.S.C. 288) is amended by striking ``National Research
Service Awards'' or ``National Research Service Award'' each
place either appears and inserting in lieu thereof ``Ruth L.
Kirschstein National Research Service Awards'' or ``Ruth L.
Kirschstein National Research Service Award'' as appropriate.
(b) The heading for Section 487 of the Public Health
Service Act (42 U.S.C. 288) is amended to read as follows:
``Ruth L. Kirschstein National Research Service Awards''.
(c) Any reference in any law (other than this Act),
regulation, document, record, map, or other paper of the United
States to ``National Research Service Awards'' shall be
considered to be a reference to ``Ruth L. Kirschstein National
Research Service Awards''.
Sec. 805. None of the funds provided by this or any other
Act may be used to enforce the amendments made by section 166
of the Community Renewal Tax Relief Act of 2000 in Alaska,
including the imposition of any penalties.
Sec. 806. In the statement of the managers of the committee
of conference accompanying the fiscal year 2001 Labor, Health
and Human Services, and Education appropriations bill (Public
Law 106-554; House Report 106-1033), the provision specifying
$464,000 for the Bethel Native Corporation worker demonstration
project shall be deemed to read as follows: ``for the Alaska
CHAR vocational training program, $100,000 and $364,000 for the
Yuut Elitnauvriat People's Learning Center in Bethel, Alaska
for vocational training for Alaska Natives''.
Sec. 807. Notwithstanding any other provision of law, from
September 1 through September 30, 2002, the Secretary of
Education may transfer to Program Administration an amount
necessary to offset any reduction pursuant to section 803 of
this Act but not to exceed $5,000,000 from funds made available
in the Department of Education Appropriations Act, 2002, that
the Secretary determines are not needed to fully fund all
qualified grant applications and would otherwise lapse at the
end of fiscal year 2002: Provided, That the Committees on
Appropriations of both Houses of Congress are notified at least
15 days in advance of any such transfer.
CHAPTER 9
LEGISLATIVE BRANCH
HOUSE OF REPRESENTATIVES
Salaries and Expenses
For an additional amount for salaries and expenses of the
House of Representatives, $1,600,000, as follows:
Committee Employees
Standing Committees, Special and Select
For an additional amount for salaries and expenses of
standing committees, special and select, authorized by House
resolutions, $1,600,000: Provided, That such amount shall
remain available for such salaries and expenses until December
31, 2002.
JOINT ITEMS
Capitol Police Board
Capitol Police
GENERAL EXPENSES
For an additional amount for the Capitol Police Board for
necessary expenses of the Capitol Police, including computer
equipment and services, training, communications, uniforms,
weapons, and reimbursement to the Environmental Protection
Agency, Hazardous Substance Superfund for additional expenses
incurred for anthrax investigations and cleanup actions,
$16,100,000, to remain available until expended, to be
disbursed by the Capitol Police Board or their delegee.
LIBRARY OF CONGRESS
Copyright Office
SALARIES AND EXPENSES
For an additional amount for ``Copyright Office, Salaries
and expenses'', $7,500,000, to remain available until expended.
Administrative Provisions
Sec. 901. The amount otherwise made available under section
506 of the Supplemental Appropriations Act, 1973 (2 U.S.C. 58)
for fiscal year 2002 to any Senator from the Senators' Official
Personnel and Office Expense Account shall be increased by the
amount (not in excess of $20,000) which the Senator certifies
in a written request to the Secretary of the Senate made not
later than September 30, 2002, as being necessary for the
payment or reimbursement of expenditures incurred or obligated
during fiscal year 2002 that--
(1) are otherwise payable from such account, and
(2) are directly related to responses to the
terrorist attacks of September 11, 2001, or the
discovery of anthrax in the Senate complex and the
displacement of Senate offices due to such discovery.
Sec. 902. (a) Chapter 9 of the Emergency Supplemental Act,
2002 (Public Law 107-117; 115 Stat. 2315), is amended--
(1) in section 901(a), by striking ``buildings and
facilities'' and insert ``buildings and facilities,
subject to the availability of appropriations,''.
(b) Section 9 of the Act of July 31, 1946 (40 U.S.C. 212a),
is amended by redesignating the subsection (b) added by section
903(c)(2) of the Emergency Supplemental Act, 2002, as
subsection (c).
(c) The amendment made by this section shall take effect as
if included in the enactment of the Emergency Supplemental Act,
2002.
Sec. 903. (a) Chapter 9 of the Emergency Supplemental Act,
2002 (Public Law 107-117; 115 Stat. 2315), is amended--
(1) in section 903(a), by striking ``buildings and
facilities'' and insert ``buildings and facilities,
subject to the availability of appropriations,''.
(b) Section 9 of the Act of July 31, 1946 (40 U.S.C. 212a),
is amended by redesignating the subsection (b) added by section
903(c)(2) of the Emergency Supplemental Act, 2002, as
subsection (c).
(c) The amendment made by this section shall take effect as
if included in the enactment of the Emergency Supplemental Act,
2002.
Sec. 904. Nothing in section 1535 of title 31, U.S.C.
(commonly referred to as the ``Economy Act''), or any other
provision of such title may be construed to prevent or restrict
the Chief Administrative Officer of the House of
Representatives from placing orders under such section during
any fiscal year in the same manner and to the same extent as
the head of any other major organizational unit with an agency
may place orders under such section during a fiscal year.
Sec. 905. (a) The Architect of the Capitol is authorized,
subject to the availability of appropriations, to acquire
(through purchase, lease, or otherwise) buildings and
facilities for use as computer backup facilities (and related
uses) for offices in the legislative branch.
(b) The acquisition of a building or facility under
subsection (a) shall be subject to the approval of--
(1) the House Office Building Commission, in the
case of a building or facility acquired for the use of
an office of the House of Representatives;
(2) the Committee on Rules and Administration of
the Senate, in the case of a building or facility
acquired for the use of an office of the Senate; or
(3) the House Office Building Commission in the
case of a building or facility acquired for the use of
any other office in the legislative branch as part of a
joint facility with (1) above, or the Committee on
Rules and Administration of the Senate, in the case of
a building or facility acquired for the use of any
other office in the legislative branch as part of a
joint facility with (2) above.
(c) Any building or facility acquired by the Architect of
the Capitol pursuant to subsection (a) shall be a part of the
United States Capitol Grounds and shall be subject to the
provisions of the Act entitled ``An Act to define the area of
the United States Capitol Grounds, to regulate the use thereof,
and for other purposes'', approved July 31, 1946.
(d) This section shall apply with respect to fiscal year
2002 and each succeeding fiscal year.
Sec. 906. (a) There is hereby established in the Treasury
of the United States an account for the Architect of the
Capitol to be known as ``Capitol Police Buildings and Grounds''
(hereinafter in this section referred to as the ``account'').
(b) Funds in the account shall be used by the Architect of
the Capitol for all necessary expenses for the maintenance,
care, and operation of buildings and grounds of the United
States Capitol Police.
(c) This section shall apply with respect to fiscal year
2002 and each succeeding fiscal year. Any amounts provided to
the Architect of the Capitol prior to the date of the enactment
of this Act for the maintenance, care, and operation of
buildings of the United States Capitol Police during fiscal
year 2002 shall be transferred to the account.
Sec. 907. (a) Subject to the approval of the House Office
Building Commission and the Senate Committee on Rules and
Administration, the Architect of the Capitol is authorized to
acquire (through purchase, lease, transfer from another Federal
entity, or otherwise) real property, subject to the
availability of appropriations and upon approval of an
obligation plan by the Committees on Appropriations of the
House and Senate, for the use of the United States Capitol
Police.
(b) Any real property acquired by the Architect of the
Capitol pursuant to subsection (a) shall be a part of the
United States Capitol Grounds and shall be subject to the
provisions of the Act entitled ``An Act to define the area of
the United States Capitol Grounds, to regulate the use thereof,
and for other purposes'', approved July 31, 1946.
(c) This section shall apply with respect to fiscal year
2002 and each succeeding fiscal year.
CHAPTER 10
DEPARTMENT OF DEFENSE
MILITARY CONSTRUCTION
Military Construction, Air Force
For an additional amount for ``Military Construction, Air
Force'', $7,250,000, to remain available until September 30,
2006: Provided, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That the
entire amount shall be available only to the extent an official
budget request that includes designation of the entire amount
of the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Congress:
Provided further, That notwithstanding any other provision of
law, such funds may be obligated or expended to carry out
planning and design and military construction projects not
otherwise authorized by law.
Military Construction, Defense-wide
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ``Military Construction,
Defense-wide'', $21,500,000, to remain available until
September 30, 2006: Provided, That the entire amount is
designated by the Congress as an emergency requirement pursuant
to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further, That
the entire amount shall be available only to the extent an
official budget request that includes designation of the entire
amount of the request as an emergency requirement as defined in
the Balanced Budget and Emergency Deficit Control Act of 1985,
as amended, is transmitted by the President to the Congress:
Provided further, That notwithstanding any other provision of
law, such funds may be obligated or expended to carry out
planning and design and military construction projects not
otherwise authorized by law.
GENERAL PROVISION--THIS CHAPTER
Sec. 1001. (a) Availability of Amounts for Military
Construction Relating to Terrorism.--Amounts made available to
the Department of Defense from funds appropriated in this Act
may be used to carry out military construction projects, not
otherwise authorized by law, that the Secretary of Defense
determines are necessary to respond to or protect against acts
or threatened acts of terrorism.
(b) Notice to Congress.--Not later than 15 days before
obligating amounts available under subsection (a) for military
construction projects referred to in that subsection, the
Secretary shall notify the appropriate committees of Congress
of the following:
(1) the determination to use such amounts for the
project; and
(2) the estimated cost of the project and the
accompanying Form 1391.
(c) Appropriate Committees of Congress Defined.--In this
section the term ``appropriate committees of Congress'' has the
meaning given that term in section 2801(4) of title 10, United
States Code.
CHAPTER 11
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
TRANSPORTATION ADMINISTRATIVE SERVICE CENTER
(LIMITATION ON OBLIGATIONS)
Under this heading in Public Law 107-87, as amended by
section 1106 of Public Law 107-117, delete ``$116,023,000'' and
insert ``$128,123,000''.
Transportation Security Administration
(INCLUDING TRANSFER OF FUNDS)
For additional amounts for emergency expenses to ensure
transportation security, $3,850,200,000, to remain available
until expended: Provided, That the entire amount is designated
by the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That of the
amounts provided under this head, $1,030,000,000 shall,
immediately upon enactment of this Act, be transferred to
Federal Emergency Management Agency ``Disaster Relief'' for
emergency expenses to respond to the September 11, 2001
terrorist attack on the United States: Provided further, That
the entire amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended:
Provided further, That of such amount, $480,200,000 shall be
available only to the extent an official budget request for a
specific dollar amount that includes designation of the entire
amount of the request as an emergency requirement as defined in
such Act is transmitted by the President to the Congress:
Provided further, That of the total amount provided herein, the
following amounts are available for obligation only for the
specific purposes below:
(1) Physical modification of commercial service
airports for the purpose of installing checked baggage
explosive detection systems, including explosive trace
detection systems, $738,000,000;
(2) Port security activities, $125,000,000, of
which $105,000,000 shall be distributed under the same
terms and conditions as provided for under Public Law
107-117 and of which $20,000,000 shall be used for
developing and conducting port incident training and
exercises;
(3) Grants and contracts to enhance security for
intercity bus operations, $15,000,000;
(4) Grants, contracts and interagency agreements
for the purpose of deploying Operation Safe Commerce,
$28,000,000;
(5) Procurement of air-ground communications
systems and devices for the Federal air marshal
program, $15,000,000;
(6) Grants and contracts for radiation detection
system test and evaluation, $4,000,000;
(7) Grants to airport authorities for pilot
projects to improve airport terminal security,
$17,000,000;
(8) Grants and contracts for security research,
development, and pilot projects, $10,000,000; and
(9) Replacement of magnetometers at airport
passenger screening locations in commercial service
airports, $23,000,000:
Provided further, That none of the funds in this Act shall be
used to recruit or hire personnel into the Transportation
Security Administration which would cause the agency to exceed
a staffing level of 45,000 full-time permanent positions.
U.S. Coast Guard
OPERATING EXPENSES
For an additional amount for ``Operating Expenses'' for
emergency expenses for homeland security and other purposes,
$200,000,000, to remain available until September 30, 2003:
Provided, That the entire amount is designated by the Congress
as an emergency requirementpursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended: Provided further, That of such amount, $11,000,000 shall be
available only to the extent an official budget request that includes
designation of the $11,000,000 as an emergency requirement as defined
in such Act is transmitted by the President to the Congress.
ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS
For an additional amount for ``Acquisition, Construction,
and Improvements'' for emergency expenses for homeland security
and other purposes, $328,000,000, to remain available until
September 30, 2004, of which $38,100,000 shall be available to
acquire, repair, renovate or improve vessels, small boats and
related equipment; $200,000,000 shall be available to acquire
new aircraft and increase aviation capability; $27,729,000
shall be available for other equipment; and $62,171,000 shall
be for shore facilities and aids to navigation facilities:
Provided, That the entire amount is designated by the Congress
as an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985,
as amended: Provided further, That of such amount, $262,000,000
shall be available only to the extent an official budget
request that includes designation of the $262,000,000 as an
emergency requirement as defined in such Act is transmitted by
the President to the Congress.
Federal Aviation Administration
OPERATIONS
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ``Operations'', $42,000,000,
for security activities at Federal Aviation Administration
facilities: Provided, That the entire amount is designated by
the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That the
entire amount shall be available only to the extent an official
budget request that includes designation of the entire amount
of the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Congress:
Provided further, That an additional $33,000,000 may be derived
by transfer from ``Facilities and Equipment (Airport and Airway
Trust Fund)''.
FACILITIES AND EQUIPMENT
(AIRPORT AND AIRWAY TRUST FUND)
For an additional amount for ``Facilities and Equipment'',
$7,500,000, to be derived from the Airport and Airway Trust
Fund and to remain available until expended: Provided, That the
entire amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended:
Provided further, That the entire amount shall be available
only to the extent an official budget request that includes
designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted by the
President to the Congress.
GRANTS-IN-AID FOR AIRPORTS
(AIRPORT AND AIRWAY TRUST FUND)
For an additional amount to enable the Federal Aviation
Administrator to compensate airports for the direct costs
associated with new, additional, or revised security
requirements imposed on airport operators by the Administrator
on or after September 11, 2001, notwithstanding any other
provision of law, $150,000,000, to be derived from the Airport
and Airway Trust Fund and to remain available until expended:
Provided, That the entire amount is designated by the Congress
as an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985,
as amended: Provided further, That the entire amount shall be
available only to the extent an official budget request that
includes designation of the entire amount of the request as an
emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress.
Federal Highway Administration
FEDERAL-AID HIGHWAYS
EMERGENCY RELIEF PROGRAM
(HIGHWAY TRUST FUND)
For an additional amount for ``Emergency Relief Program'',
as authorized by 23 U.S.C. 125, for emergency expenses to
respond to the September 11, 2001, terrorist attacks on New
York City, $167,000,000 for the State of New York, to be
derived from the Highway Trust Fund and to remain available
until expended: Provided, That notwithstanding 23 U.S.C.
120(e), the Federal share for any project on a Federal-aid
highway related to the New York City terrorist attacks shall be
100 percent: Provided further, That notwithstanding 23 U.S.C.
125(d)(1), the Secretary of Transportation may obligate more
than $100,000,000 for those projects: Provided further, That
the entire amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
FEDERAL-AID HIGHWAYS
(HIGHWAY TRUST FUND)
(RESCISSION)
Of the funds apportioned to each state under the programs
authorized under sections 1101(a)(1), 1101(a)(2), 1101(a)(3),
1101(a)(4) and 1101(a)(5) of Public Law 105-178, as amended,
$320,000,000 are rescinded.
FEDERAL-AID HIGHWAYS
EMERGENCY RELIEF PROGRAM
(HIGHWAY TRUST FUND)
For an additional amount for the ``Emergency Relief
Program'', as authorized by section 125 of title 23, United
States Code, $98,000,000, to be derived from the Highway Trust
Fund and to remain available until expended: Provided, That the
entire amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended:
Provided further, That the entire amount shall be available
only to the extent that an official budget request, that
includes designation of the entire amount of the request as an
emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress.
Federal Motor Carrier Safety Administration
BORDER ENFORCEMENT PROGRAM
(HIGHWAY TRUST FUND)
For necessary expenses of the Border Enforcement Program to
respond to the September 11, 2001, terrorist attacks on the
United States, $19,300,000, to be derived from the Highway
Trust Fund, of which $4,200,000 shall be to implement section
1012 of Public Law 107-56 (USA Patriot Act); $10,000,000 shall
be for drivers' license fraud detection and prevention, the
northern border safety and security study, and hazardous
material security education and outreach; and $5,100,000 shall
be for the purposes of coordinating drivers' license
registration and social security number verification: Provided,
That in connection with such commercial drivers' license fraud
deterrence projects, the Secretary may enter into such
contracts or grants with the American Association of Motor
Vehicle Administrators, States, or other persons as the
Secretary may so designate to carry out these purposes:
Provided further, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
HAZARDOUS MATERIALS SECURITY
(HIGHWAY TRUST FUND)
For necessary expenses to implement the hazardous materials
safety permit program pursuant to 49 U.S.C. 5109, $5,000,000,
to be derived from the Highway Trust Fund and to remain
available until expended: Provided, That the entire amount is
designated by the Congress as an emergency requirement pursuant
to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further, That
the entire amount shall be available only to the extent an
official budget request that includes designation of the entire
amount of the request as an emergency requirement as defined in
such Act is transmitted by the President to the Congress.
Federal Railroad Administration
GRANTS TO THE NATIONAL RAILROAD PASSENGER CORPORATION
For an additional amount for the National Railroad
Passenger Corporation for expenses to ensure the continuation
of rail passenger operations, $205,000,000.
Federal Transit Administration
CAPITAL INVESTMENT GRANTS
For an additional amount for ``Capital Investment Grants''
for emergency expenses to respond to the September 11, 2001,
terrorist attacks in New York City, $1,800,000,000, to remain
available until expended to replace, rebuild, or enhance the
public transportation systems serving the Borough of Manhattan,
New York City, New York: Provided, That the Secretary may use
up to 1 percent of this amount for oversight activities:
Provided further, That these funds are subject to grant
requirements as determined by the Secretary to ensure that
eligible projects will improve substantially the mobility of
commuters in Lower Manhattan: Provided further, That the
Federal share for any project funded from this amount shall be
100 percent: Provided further, That these funds are in addition
to any other appropriation available for these purposes:
Provided further, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 1101. Notwithstanding any other provision of law,
projects and activities designated on pages 82 through 92 of
House Report 107-308 shall be eligible for fiscal year 2002
funds made available for the program for which each project or
activity is so designated and projects and activities on pages
116 and 117 shall be awarded those grants upon receipt of an
application.
Sec. 1102. Section 335 of Public Law 107-87 is amended by
inserting ``and the Transportation Security Administration''
after ``the Federal Aviation Administration''; by inserting ``,
aviation security'' after ``air navigation'', and by inserting
``and the TSA for necessary security checkpoints'' after the
word ``facilities''.
Sec. 1103. Title II of Division C of Public Law 105-277 is
amended by striking ``of more than 750 gross registered tons''
in each place it appears, and inserting in lieu thereof, ``of
more than 750 gross registered tons (as measured under Chapter
145 of Title 46) or 1,900 gross registered tons as measured
under Chapter 143 of that Title)''.
Sec. 1104. Section 354 of Public Law 106-346 (114 Stat.
1356A-35) is amended by inserting ``or Nail Road'' after ``Star
Landing Road''.
Sec. 1105. Notwithstanding any other provision of law,
$2,750,000 of amounts made available for ``Intelligent
Transportation Systems'' in Public Law 107-87 and Public Law
106-346 shall be made available for activities authorized under
section 5118 of Public Law 105-178.
CHAPTER 12
DEPARTMENT OF THE TREASURY
Federal Law Enforcement Training Center
SALARIES AND EXPENSES
For an additional amount for ``Salaries and Expenses'' for
expenses of expanded law enforcement training workload
resulting from the September 11, 2001 terrorist attacks against
the United States, $15,870,000, to remain available until
September 30, 2003: Provided, That the entire amount is
designated by the Congress as an emergency requirement pursuant
to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further, That
the entire amount shall be available only to the extent that an
official budget request, that includes designation of the
entire amount of the request as an emergency requirement as
defined in the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended, is transmitted by the President to the
Congress.
Financial Management Service
SALARIES AND EXPENSES
(RESCISSION)
Of the unobligated balance as of June 30, 2002, of the
funds made available for ``Financial Management Service,
Salaries and Expenses'' in chapter 10 of title II of Public Law
107-20, $14,000,000 are rescinded.
United States Customs Service
SALARIES AND EXPENSES
For an additional amount for ``Salaries and Expenses'',
$39,000,000, to remain available until expended: Provided, That
the entire amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended:
Provided further, That the entire amount shall be available
only to the extent an official budget request that includes
designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted by the
President to the Congress.
Internal Revenue Service
INFORMATION SYSTEMS
(RESCISSION)
Of the available balances under this heading, $10,000,000
are rescinded.
BUSINESS SYSTEMS MODERNIZATION
For an additional amount for ``Internal Revenue Service,
Business Systems Modernization'', $14,000,000, to remain
available until September 30, 2003. Such additional amount may
not be obligated until the Internal Revenue Service submits to
the Committees on Appropriations, and such Committees approve,
a plan for the expenditure of such additional amount that
complies with the requirements as specified in clauses (1)
through (6) under such heading in Public Law 107-67.
United States Secret Service
SALARIES AND EXPENSES
For an additional amount for ``Salaries and Expenses'' for
expenses related to the September 11, 2001 terrorist attacks
against the United States, $28,530,000, to remain available
until September 30, 2003: Provided, That the entire amount is
designated by the Congress as an emergency requirement pursuant
to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further, That
the entire amount shall be available only to the extent that an
official budget request, that includes designation of the
entire amount of the request as an emergency requirement as
defined in the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended, is transmitted by the President to the
Congress.
POSTAL SERVICE
Payment to the Postal Service Fund
For an additional amount for ``Payment to the Postal
Service Fund'' for emergency expenses to enable the Postal
Service to protect postal employees and postal customers from
exposure to biohazardous material and tosanitize and screen the
mail, $87,000,000, to remain available until expended: Provided, That
the entire amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE
PRESIDENT
Office of Administration
SALARIES AND EXPENSES
For an additional amount for ``Salaries and Expenses'',
$3,800,000, to remain available until expended: Provided, That
the entire amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
Office of Management and Budget
SALARIES AND EXPENSES
(RESCISSION)
Of the funds made available under this heading in Public
Law 107-67, $100,000 are rescinded.
ELECTION ADMINISTRATION REFORM AND RELATED EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses for the implementation of an Act
authorizing funds for the improvement of election
administration and related expenses, $400,000,000, to remain
available until expended: Provided, That such amounts shall not
be available for obligation until the enactment of such Act:
Provided further, That upon enactment of such Act, the Director
of the Office of Management and Budget shall transfer such
amounts to the Federal entities authorized by such Act to
expend funds for the designated purposes: Provided further,
That, within 15 days of such transfers, the Director of the
Office of Management and Budget shall notify Congress of the
amounts transferred to each authorized Federal entity: Provided
further, That the entities to which the amounts are transferred
shall use the amounts to carry out the applicable provisions of
such Act: Provided further, That the transfer authority
provided in this paragraph shall be in addition to any other
transfer authority provided in this or any other Act: Provided
further, That the entire amount is designated by the Congress
as an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985,
as amended: Provided further, That the entire amount shall be
available only to the extent that an official budget request,
that includes designation of the entire amount of the request
as an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress.
INDEPENDENT AGENCIES
Federal Election Commission
SALARIES AND EXPENSES
For an additional amount for ``Salaries and Expenses'',
$750,000 for unanticipated costs associated with implementing
the Bipartisan Campaign Reform Act.
General Services Administration
REAL PROPERTY ACTIVITIES
FEDERAL BUILDINGS FUND
For an additional amount for ``Federal Buildings Fund'' for
building security emergency expenses resulting from the
September 11, 2001, terrorist attacks on the United States,
$21,800,000: Provided, That the entire amount is designated by
the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 1201. None of the funds appropriated in this or any
other Act may be used to transfer the functions, missions, or
activities of the United States Customs Service to the
Department of Justice.
Sec. 1202. (a) The Federal Law Enforcement Training Center
may, for a period ending not later than 5 years after the date
of the enactment of this Act, appoint and maintain a cadre of
up to 250 Federal annuitants--(1) without regard to any
provision of title 5, United States Code, which might otherwise
require the application of competitive hiring procedures; and
(2) who shall not be subject to any reduction in pay (for
annuity allocable to the period of actual employment) under the
provisions of section 8344 or 8468 of such title 5 or similar
provision of any other retirement system for employees. A
reemployed Federal annuitant as to whom a waiver of reduction
under paragraph (2) applies shall not, for any period during
which such waiver is in effect, be considered an employee for
purposes of subchapter III of chapter 83 or chapter 84 of title
5, United States Code, or such other retirement system
(referred to in paragraph (2)) as may apply.
(b) No appointment under this section may be made which
would result in the displacement of any employee.
(c) For purposes of this section--
(1) the term ``Federal annuitant'' means an
employee who has retired under the Civil Service
Retirement System, the Federal Employees' Retirement
System, or any other retirement system for employees;
(2) the term ``employee'' has the meaning given
such term by section 2105 of such title 5; and
(3) the counting of Federal annuitants shall be
done on a full time equivalent basis.
Sec. 1203. Notwithstanding any other provision of law,
hereafter, for purposes of section 201(a) of the Federal
Property and Administrative Services Act of 1949 (relating to
Federal sources of supply, including lodging providers,
airlines and other transportation providers), the Eisenhower
Exchange Fellowship Program shall be deemed an executive agency
for the purposes of carrying out the provisions of 20 U.S.C.
5201, and the employees of and participants in the Eisenhower
Exchange Fellowship Program shall be eligible to have access to
such sources of supply on the same basis as employees of an
executive agency have such access.
CHAPTER 13
DEPARTMENT OF VETERANS AFFAIRS
Veterans Benefits Administration
COMPENSATION AND PENSIONS
For an additional amount for ``Compensation and pensions'',
$1,100,000,000, to remain available until expended.
Veterans Health Administration
MEDICAL CARE
For an additional amount for ``Medical care'',
$417,000,000, to remain available until September 30, 2003:
Provided, That the funds provided herein be allocated using the
VERA methodology: Provided further, That for the purposes of
enabling the collection from third-party insurance carriers for
non-service related medical care of veterans, all Department of
Veterans Affairs healthcare facilities are hereby certified as
Medicare and Medicaid providers and the Centers for Medicare
and Medicaid Services within the Department of Health and Human
Services shall issue each Department of Veterans Affairs
healthcare facility a provider number as soon as practicable
after the date of enactment of this Act: Provided further, That
nothing in the preceding proviso shall be construed to enable
the Department of Veterans Affairs to bill Medicare or Medicaid
for any medical services provided by the Veterans Health
Administration or to require the Centers for Medicare and
Medicaid Services to pay for any medical services provided by
the Department of Veterans Affairs: Provided further, That
$275,000,000 is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended:
Provided further, That $275,000,000 shall be available only to
the extent that an official budget request, that includes
designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted by the
President to the Congress.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Public and Indian Housing
HOUSING CERTIFICATE FUND
(RESCISSION)
Of the unobligated balances remaining from funds
appropriated to the Department of Housing and Urban Development
under this heading or the heading ``Annual contributions for
assisted housing'' or any other heading for fiscal year 2002
and prior years, $388,500,000 is hereby rescinded: Provided,
That this rescission shall apply first to such unobligated
balances under this heading or the heading ``Annual
contributions for assisted housing'': Provided further, That
any unobligated balances governed by reallocation provisions
under the statute authorizing the program for which the funds
were originally appropriated may be available for this
rescission subject to the first proviso.
Community Planning and Development
COMMUNITY DEVELOPMENT FUND
For an additional amount for the ``Community development
fund'' for emergency expenses to respond to the September 11,
2001, terrorist attacks on the United States, $783,000,000, to
remain available until expended: Provided, That the State of
New York, in cooperation with the City of New York, shall,
through the Lower Manhattan Development Corporation, distribute
these funds: Provided further, That such funds may be used for
assistance for properties and businesses (including the
restoration of utility infrastructure) damaged by, and for
economic revitalization directly related to, the terrorist
attacks on the United States that occurred on September 11,
2001, in New York City and for reimbursement to the State and
City of New York for expenditures incurred from the regular
Community Development Block Grant formula allocation used to
achieve these same purposes: Provided further, That the State
of New York is authorized to provide such assistance to the
City of New York: Provided further, That in administering these
funds and funds under section 108 of title I of the Housing and
Community Development Act of 1974, as amended, used for
economic revitalization activities in New York City, the
Secretary may waive, or specify alternative requirements for,
any provision of any statute or regulation that the Secretary
administers in connection with the obligation by the Secretary
or the use by the recipient of these funds or guarantees
(except for requirements related to fair housing,
nondiscrimination, labor standards, and the environment), upon
a finding that such waiver is required to facilitate the use of
such funds or guarantees: Provided further, That such funds
shall not adversely affect the amount of any formula assistance
received by the State of New York, New York City, or any
categorical application for other Federal assistance: Provided
further, That the Secretary shall publish in the Federal
Register any waiver of any statute or regulation that the
Secretary administers pursuant to title I of the Housing and
Community Development Act of 1974, as amended, no later than 5
days before the effective date of such waiver: Provided
further, That the Secretary shall notify the Committees on
Appropriations on the proposed allocation of any funds and any
related waivers pursuant to this section no later than 5 days
before such allocation: Provided further, That the entire
amount is designated by theCongress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
The referenced statement of the managers under the heading
``Community development block grants'' in title II of Public
Law 105-276 is deemed to be amended by striking ``$250,000 for
renovation, accessibility, and asbestos remediation for the
Wellstone Neighborhood Center, Wellstone, Missouri'' and insert
in lieu thereof ``$250,000 for the St. Louis Economic Council
for design, infrastructure and construction related to the
Enterprise Center-Wellstone in Wellstone, Missouri''.
The referenced statement of the managers under the heading
``Community development fund'' in title II of Public Law 106-
377 is deemed to be amended by striking ``$2,000,000 is for the
Louisville Community Development Bank for the Louisville
Neighborhood Initiative'' and inserting ``$2,000,000 for
neighborhood revitalization activities in Louisville, Kentucky,
as follows: $170,000 to the Christian Church Homes of Kentucky
for facility upgrades at Chapel House, $500,000 to the
Louisville Medical Center Development Corporation for expansion
of a research park, $400,000 to the Louisville Science Center
for construction of a permanent exhibition, $150,000 to the New
Zion Community Development Foundation for renovation of a
facility, $400,000 to the Presbyterian Community Center for
construction of a facility, $180,000 to the St. Stephen Family
Life Center for renovation of a facility, and $200,000 to the
United Crescent Hill Ministries for renovation of a facility''.
The referenced statement of the managers under the heading
``Community development fund'' in title II of Public Law 106-
377 is deemed to be amended by striking ``$1,000,000 for the
Community Action Agency of Southern New Mexico, Inc. for
construction of a regional food bank and supporting offices''
and insert in lieu thereof ``$1,000,000 for the Community
Action Agency of Southern New Mexico for construction,
purchase, or renovation and the equipping of a regional food
bank and supporting offices''.
The referenced statement of the managers under the heading
``Community development fund'' in title II of Public Law 107-73
is deemed to be amended by striking ``$400,000 to the City of
Reading, Pennsylvania for the development of the Morgantown
Road Industrial Park on what is currently a brownfields site''
and insert in lieu thereof ``$400,000 for the City of Reading,
Pennsylvania for the development of the American Chain and
Cable brownfield site''.
The referenced statement of the managers under the heading
``Community development fund'' in title II of Public Law 107-73
is deemed to be amended by striking ``$750,000 for the Smart
Start Child Care Center and Expertise School of Las Vegas,
Nevada for construction of a child care facility'' and insert
in lieu thereof ``$250,000 for the Smart Start Child Care
Center of Las Vegas, Nevada for construction of a child care
facility and $500,000 for Expertise, Inc. of Las Vegas, Nevada
for job training''.
The referenced statement of the managers under the heading
``Community development fund'' in title II of Public Law 107-73
is deemed to be amended by striking ``$3,000,000 for the
Louisville Community Development Bank for continuation of the
Louisville Neighborhood Initiative'' and inserting ``$3,000,000
for neighborhood revitalization activities in Louisville,
Kentucky, as follows: $250,000 to the Bridgehaven Mental Health
Agency for planning and development of a facility, $600,000 to
the Cable Life Community Enrichment Corporation for
construction of a facility, $350,000 to Catholic Charities for
renovation of a facility, $500,000 to the Center for Women and
Families for an affordable housing program, $100,000 to the
Clifton Cultural Center for renovation of a historic building,
$200,000 to Harrods Creek Community Development for
construction of a facility, $200,000 to the James Taylor
Memorial Home for facility improvements, $600,000 to the
Kentucky Art and Craft Foundation for renovation of a facility,
and $200,000 to the Shelby Park Neighborhood Association for
facility construction''.
The referenced statement of the managers under the heading
``Community development block grants'' in title II of Public
Law 106-74 is deemed to be amended with respect to the amount
made available for the City of Hollister, California by
striking ``to the City of Hollister, California for the
construction of a new fire station'' and inserting ``to the
Monterey County, California Economic Development Agency for a
mobile animal slaughter processing unit''.
The unobligated amount appropriated in the third paragraph
under the heading ``Community development block grants'' in
chapter 8 of title II of the Emergency Supplemental Act, 2000
(Public Law 106-246; 114 Stat. 565), as subsequently made
available under the heading ``Community development fund'' in
chapter 13 of Division A of the Miscellaneous Appropriations
Act, 2001 (H.R. 5666 (excluding section 123), 106th Congress,
as enacted into law by Public Law 106-554; 114 Stat. 2763D-42),
for a grant to the County of Richmond, North Carolina, shall
remain available until September 30, 2003, for development and
construction of the Richmond County Industrial Park.
The referenced statement of the managers under this heading
in title II of Public Law 106-377 is deemed to be amended by
striking ``$300,000 for Upper Darby Township, Pennsylvania to
assist residents with homes that are sinking due to soil
subsidence'' and insert in lieu thereof ``$300,000 for Upper
Darby Township, Pennsylvania to assist residents with homes
that are sinking due to soil subsidence and for the development
of a recreation area, including parking, at Shadeland Avenue''.
The referenced statement of the managers under this heading
in Public Law 107-73 is deemed to be amended by striking
``$150,000 to Winchester County, Virginia for the historic
restoration of the Winchester County Courthouse'' and inserting
``$150,000 to Frederick County, Virginia for the historic
restoration of the Old Frederick County Courthouse in
Winchester, Virginia''.
The referenced statement of the managers under this heading
in Public Law 107-73 is deemed to be amended with respect to
the amount made available for Family Focus by striking ``Family
Focus'' and inserting ``the Weissbourd-Holmes Family Focus
Center'' and by striking ``Evansville'' and inserting
``Evanston''.
The referenced statement of the managers under this heading
in Public Law 107-73 is deemed to be amended by striking
``$100,000 for Morristown Neighborhood House for the
infrastructure improvements to the Manahan Village Resident
Center Childcare facility in Morristown, New Jersey'' and
inserting ``$100,000 to the Somerset Valley YMCA Childcare
Center in Somerset County, New Jersey for capital
improvements''.
The referenced statement of the managers under this
heading in Public Law 107-73 is deemed to be amended by
striking ``$600,000 to the Reuben Lindh Family Services in
Minneapolis, Minnesota for facilities rehabilitation'' and
inserting in lieu thereof ``$350,000 to the Plymouth Christian
Youth Center in Minneapolis, Minnesota for facilities
rehabilitation and $250,000 to Migizi Communications in
Minneapolis, Minnesota to repair and renovate its Family
Education Center''.
HOME INVESTMENT PARTNERSHIPS PROGRAM
(RESCISSION)
Of the funds made available under this heading in Public
Law 107-73, $50,000,000 are rescinded from the Downpayment
Assistance Initiative.
Housing Programs
RENTAL HOUSING ASSISTANCE
(RESCISSION)
The limitation otherwise applicable to the maximum payments
that may be required in any fiscal year by all contracts
entered into under section 236 of the National Housing Act (12
U.S.C. 1715z-1) is reduced in fiscal year 2002 by not more than
$300,000,000 in uncommitted balances of authorizations of
contract authority provided for this purpose in appropriations
acts: Provided, That up to $300,000,000 of recaptured section
236 budget authority resulting from the prepayment of mortgages
subsidized under section 236 of the National Housing Act (12
U.S.C. 1715z-1) shall be rescinded in fiscal year 2002.
INDEPENDENT AGENCIES
DEPARTMENT OF HEALTH AND HUMAN SERVICES
National Institutes of Health
NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES
For an additional amount for ``National Institute of
Environmental Health Sciences'', $8,000,000, to remain
available until September 30, 2003, to carry out activities set
forth in section 311(a) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980, as amended,
and section 126(g) of the Superfund Amendments and
Reauthorization Act of 1986 in response to the September 11,
2001, terrorist attacks on the United States: Provided, That
the entire amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended:
Provided further, That the entire amount shall be available
only to the extent an official budget request that includes
designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted by the
President to the Congress.
Agency for Toxic Substances and Disease Registry
TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC HEALTH
For an additional amount for ``Toxic substances and
environmental public health'', $11,300,000, to remain available
until September 30, 2003, of which $1,800,000 is for additional
expenses incurred in response to the September 11, 2001,
terrorist attacks on the United States, and of which $9,500,000
is to enhance the States' capacity to respond to chemical
terrorism events: Provided, That the entire amount is
designated by the Congress as an emergency requirement pursuant
to section 251(b)(2)(A) of the Balance Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further, That
the entire amount shall be available only to the extent an
official budget request that includes designation of the entire
amount of the request as an emergency requirement as defined in
the Balanced Budget and Emergency Deficit Control Act of 1985,
as amended, is transmitted by the President to the Congress.
Environmental Protection Agency
SCIENCE AND TECHNOLOGY
For an additional amount for ``Science and technology'',
$50,000,000, to remain available until September 30, 2003:
Provided, That the entire amount is designated by the Congress
as an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985,
as amended: Provided further, That the entire amount shall be
available only to the extent an official budget request that
includes designation of the entire amount of the request as an
emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress.
ENVIRONMENTAL PROGRAMS AND MANAGEMENT
(TRANSFER OF FUNDS)
Of the amount appropriated under this heading in title III
of Public Law 107-73 to develop engineering plans for
addressing the wastewater infrastructure needs in Rosman, North
Carolina as identified in project number 67, $400,000 shall be
transferred to the ``State and tribal assistance grants''
account to remain available until expended for grants for
wastewater and sewer infrastructure improvements in the Town of
Rosman, North Carolina.
STATE AND TRIBAL ASSISTANCE GRANTS
The referenced statement of the managers under this heading
in Public Law 106-377 is deemed to be amended by striking
everything after ``$1,000,000'' in reference to item 91 and
inserting ``to the Northern Kentucky Area Development District
for Carroll County Wastewater Infrastructure Project
($500,000), City of Owenton Water Collection and Treatment
System Improvements and Freshwater Intake Project ($400,000),
Grant County Williamstown Lake Expansion Project ($50,000), and
Pendleton County Williamstown Lake Expansion Project
($50,000)''.
The referenced statement of the managers under this heading
in Public Law 107-73 is deemed to be amended by striking
everything after ``for'' in reference to item number 202 and
inserting ``storm water infrastructure improvements''.
Grants appropriated under this heading in Public Law 107-73
for drinking water infrastructure needs in the New York City
watershed shall be awarded under section 1443(d) of the Safe
Drinking Water Act, as amended.
The referenced statement of the managers under this heading
in Public Law 106-377 is deemed to be amended by striking
everything after ``$2,000,000'' in reference to item number 168
and inserting ``for the Town of Wallace, North Carolina for a
regional wastewater infrastructure improvement project
($1,000,000), and for the Town of Cary, North Carolina for
wastewater infrastructure improvements including the treatment
of biosolids ($1,000,000).''.
The referenced statement of managers under this heading in
Public Law 107-73 is deemed to be amended in item 19 by
inserting the words ``water and'' after the word ``for''.
The referenced statement of the managers under this heading
in Public Law 107-73 is deemed to be amended by striking
everything after ``sewer'' in reference to item number 183 and
inserting ``and drinking water upgrade project in Anaconda,
Montana''.
The referenced statement of the managers under this heading
in Public Law 107-73 is deemed to be amended by striking ``the
City of Florence, Montana'' in reference to item number 184 and
inserting ``the Florence County Water and Sewer District''.
Federal Emergency Management Agency
DISASTER RELIEF
For an additional amount for ``Disaster relief'' for
emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States in carrying out the
Robert T. Stafford Disaster Relief and EmergencyAssistance Act
(42 U.S.C. 5121 et seq.), and the Federal Fire Prevention and Control
Act of 1974, as amended (15 U.S.C. 2201 et seq.), $2,650,700,000, to
remain available until expended: Provided, That in administering the
Mortgage and Rental Assistance Program for victims of September 11,
2001, the Federal Emergency Management Agency will recognize those
people who were either directly employed in the Borough of Manhattan or
had at least 75 percent of their wages coming from business conducted
within the Borough of Manhattan as eligible for assistance under the
program, as they were directly impacted by the terrorist attacks:
Provided further, That FEMA shall provide compensation to previously
denied Mortgage and Rental Assistance Program applicants who would
qualify under these new guidelines: Provided further, That the entire
amount is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
DISASTER ASSISTANCE FOR UNMET NEEDS
For an additional amount for ``Disaster assistance for
unmet needs'', $23,200,000, to remain available until September
30, 2004, for use by the Director of the Federal Emergency
Management Agency (Director) only for disaster relief, long-
term recovery, and mitigation in communities affected by
Presidentially-declared natural disasters designated during
fiscal year 2002, only to the extent funds are not made
available for those activities by the Federal Emergency
Management Agency (under its ``Disaster relief'' program) or
the Small Business Administration: Provided, That in
administering these funds the Director shall allocate these
funds to States to be administered by each State in conjunction
with its Federal Emergency Management Agency Disaster Relief
program: Provided further, That each State shall provide not
less than 25 percent in non-Federal public matching funds or
its equivalent value (other than administrative costs) for any
funds allocated to the State under this heading: Provided
further, That the Director shall allocate these funds based on
the unmet needs arising from a Presidentially-declared disaster
as identified by the Director as those which have not or will
not be addressed by other Federal disaster assistance programs
and for which it is deemed appropriate to supplement the
efforts and available resources of States, local governments
and disaster relief organizations: Provided further, That the
Director shall establish review groups within the Federal
Emergency Management Agency to review each request by a State
of its unmet needs and certify as to the actual costs
associated with the unmet needs as well as the commitment and
ability of each State to provide its match requirement:
Provided further, That the Director shall publish a notice in
the Federal Register governing the allocation and use of the
funds under this heading, including provisions for ensuring the
compliance of the States with the requirements of this program:
Provided further, That 10 days prior to distribution of funds,
the Director shall submit a list to the House and Senate
Committees on Appropriations setting forth the proposed uses of
funds and the most recent estimates of unmet needs: Provided
further, That the Director shall submit quarterly reports to
said Committees regarding the actual projects and needs for
which funds have been provided under this heading: Provided
further, That to the extent any funds under this heading are
used in a manner inconsistent with the requirements of the
program established under this heading and rules issued
pursuant thereto, the Director shall recapture an equivalent
amount of funds from the State from any existing funds or
future funds awarded to the State under this heading or any
other program administered by the Federal Emergency Management
Agency: Provided further, That the entire amount is designated
by the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That the
entire amount shall be available only to the extent an official
budget request, that includes designation of the entire amount
of the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Congress.
EMERGENCY MANAGEMENT PLANNING AND ASSISTANCE
For an additional amount for ``Emergency management
planning and assistance'' for emergency expenses to respond to
the September 11, 2001, terrorist attacks on the United States,
$447,200,000, to remain available until September 30, 2003, of
which $150,000,000 is for programs as authorized by section 33
of the Federal Fire Prevention and Control Act of 1974, as
amended (15 U.S.C. 2201 et seq.); $54,200,000 for the existing
national urban search and rescue system; and $50,000,000 for
interoperable communications equipment: Provided, That the
entire amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended:
Provided further, That $221,800,000 shall be available only to
the extent an official budget request, that includes
designation of the $221,800,000 as an emergency requirement as
defined in the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended, is transmitted by the President to the
Congress.
CERRO GRANDE FIRE CLAIMS
For an additional amount for ``Cerro Grande fire claims'',
$61,000,000 for claims resulting from the Cerro Grande fires,
to remain available until September 30, 2003: Provided, That up
to 5 percent of the amount made available under this heading
may be used for administrative costs: Provided further, That
the entire amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended:
Provided further, That the entire amount shall be available
only to the extent an official budget request that includes
designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted by the
President to the Congress.
National Science Foundation
EDUCATION AND HUMAN RESOURCES
For an additional amount for ``Education and human
resources'' for emergency expenses to respond to emergent needs
in cyber security, $19,300,000, to remain available until
September 30, 2003: Provided, That the entire amount is
designated by the Congress as an emergency requirement pursuant
to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 1301. Notwithstanding the first paragraph of the item
in title II of Public Law 107-73 relating to ``Federal housing
administration, Mutual mortgage insurance program account'',
during fiscal year 2002, commitments to guarantee loans to
carry out the purposes of section 203(b) of the National
Housing Act shall not exceed a loan principal of
$165,000,000,000.
Sec. 1302. Notwithstanding the first paragraph of the item
in title II of Public Law 107-73 related to ``Federal housing
administration, General and special risk program account'', any
amounts made available for fiscal year 2002 for the cost of
guaranteed loans, as authorized by sections 238 and 519 of the
National Housing Act (12 U.S.C. 1715z-3 and 1735c), including
the cost of loan guarantee modifications (as that term is
defined in section 502 of the Congressional Budget Act of
1974), shall be available to subsidize total loan principal,
any part of which is to be guaranteed, of up to
$23,000,000,000.
Sec. 1303. The Secretary of Housing and Urban Development
shall begin to enter into new agreements and contracts pursuant
to the Asset Control Area Demonstration Program as provided in
section 602 of Public Law 105-276 not later than September 15,
2002: Provided, That any agreement or contract entered into
pursuant to such program shall be consistent with the
requirements of such section 602: Provided further, That the
Department shall develop proposed regulations for this program
not later than September 15, 2002.
Sec. 1304. The Secretary of Housing and Urban Development
shall submit a report every 90 days to the House and Senate
Committees on Appropriations on the status of any multifamily
housing project (including all hospitals and nursing homes)
insured under the National Housing Act that has been in default
for longer than 60 days. The report shall include the location
of the property, the reason for the default, and all actions
taken by the Secretary and owner with regard to the default,
including any work-out agreements, the status and terms of any
assistance or loans, and any transfer of an ownership interest
in the property (including any assistance or loans made to the
prior, current or intended owner of the property or to the
local unit of government in which the property is located). The
initial report shall be submitted no later than September 16,
2002.
Sec. 1305. For purposes of facilitating the sale of
Stafford Apartments (FHA Project No: 052-44163) for use as
student housing--
(1) the Secretary of Housing and Urban Development
shall renew the section 8 contract that was associated
with such property and that expired during fiscal year
2001 at rent levels not to exceed market rents as
determined by the Secretary, subject to annual
operating cost adjustment factor increases, and subject
to such other conditions as the Secretary may determine
appropriate, and the renewal of such contract shall be
deemed to have taken effect as of October 1, 2001;
(2) prior to sale of this property for student
housing, any funds remaining in the property's residual
receipts and reserve for replacement accounts shall be
used in connection with the relocation of tenants under
this section, and any remaining amounts shall be
returned to the Secretary;
(3) subject to the concurrence by the Secretary
with the relocation plan for current tenants, the
payment in full of mortgages on this property insured
pursuant to sections 236(j) and 241(a) of the National
Housing Act and the resultant termination of the
insurance contracts associated with those mortgages,
the payment in full of the loan on this property made
pursuant to section 201 of the Housing and Community
Development Amendments of 1978, and, as of the date of
sale, the termination of any assistance under section
236(f)(2) of the National Housing Act and section 8 of
the United States Housing Act of 1937 and the return to
the Secretary of any such assistance that has not been
expended, such property may be sold for use as student
housing, notwithstanding any federal use restrictions
required pursuant to Section 201 of the Housing and
Community Development Amendments of 1978 (12 U.S.C.
1715z-1a) and section 250 of the National Housing Act
(12 U.S.C. 1715z-15);
(4) upon the concurrence by the Secretary of such
relocation plan and the sale of such property for use
as student housing, all of the tenants of such property
shall be relocated and shall receive, subject to the
availability of funds, tenant-based assistance under
section 8(o) of the United States Housing Act of 1937,
notwithstanding any rights of such tenants to elect to
remain in such property pursuant to section 8(t) of
such Act (42 U.S.C. 1437f(t)) or to receive enhanced
voucher assistance under such section; and
(5) the provisions of this section shall only
remain effective for 24 months from the date of
enactment of this section.
CHAPTER 14
GENERAL PROVISIONS
Sec. 1401. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 1402. Notwithstanding any other provision of law, all
adjustments made pursuant to section 251(b)(1)(B) of the
Balanced Budget and Emergency Deficit Control Act of 1985 to
the highway category and to section 8103(a)(5) of the
Transportation Equity Act for the 21st Century for fiscal year
2003 shall be deemed to be zero. This section shall apply
immediately to all reports issued pursuant to section 254 of
the Balanced Budget and Emergency Deficit Control Act of 1985
for fiscal year 2003, including the discretionary sequester
preview report.
FEDERAL ADMINISTRATIVE AND TRAVEL EXPENSES
(RESCISSIONS)
Sec. 1403. (a) Of the funds available to the agencies of
the Federal Government from prior Appropriations Acts,
$350,000,000 are hereby rescinded: Provided, That rescissions
pursuant to this subsection shall be taken only from
administrative and travel accounts: Provided further, That
rescissions shall be taken on a pro rata basis from funds
available to every Federal agency, department, and office in
the executive branch, including the Office of the President.
(b) Within 30 days after the date of the enactment of this
Act, the Director of the Office of Management and Budget shall
submit to the Committees on Appropriations of the House of
Representatives and the Senate a listing of the amounts by
account of the reductions made pursuant to the provisions of
subsection (a) of this section: Provided, That the Office of
Management and Budget shall also include with such listing an
explanation of the methodology used to identify the offices,
accounts, and amounts to be reduced.
Sec. 1404. Any amount appropriated in this Act for which
availability is made contingent by a provision of this Act on
designation by the President as an emergency requirement
pursuant to the Balanced Budget and Emergency Deficit Control
Act of 1985 shall not be available for obligation unless all
such contingent amounts are designated by the President, within
30 days of enactment of this Act, as such emergency
requirements.
TITLE II--AMERICAN SERVICE- MEMBERS' PROTECTION ACT
SEC. 2001. SHORT TITLE.
This title may be cited as the ``American Servicemembers'
Protection Act of 2002''.
SEC. 2002. FINDINGS.
Congress makes the following findings:
(1) On July 17, 1998, the United Nations Diplomatic
Conference of Plenipotentiaries on the Establishment of
an International Criminal Court, meeting in Rome,
Italy, adopted the ``Rome Statute of the International
Criminal Court''. The vote on whether to proceed with
the statute was 120 in favor to 7 against, with 21
countries abstaining. The United States voted against
final adoption of the Rome Statute.
(2) As of April 30, 2001, 139 countries had signed
the Rome Statute and 30 had ratified it. Pursuant to
Article 126 of the Rome Statute, the statute will enter
into force on the first day of the month after the 60th
day following the date on which the 60th country
deposits an instrument ratifying the statute.
(3) Since adoption of the Rome Statute, a
Preparatory Commission for the International Criminal
Court has met regularly to draft documents to implement
the Rome Statute, including Rules of Procedure and
Evidence, Elements of Crimes, and a definition of the
Crime of Aggression.
(4) During testimony before the Congress following
the adoption of the Rome Statute, the lead United
States negotiator, Ambassador David Scheffer stated
that the United States could not sign the Rome Statute
because certain critical negotiating objectives of the
United States had not been achieved. As a result, he
stated: ``We are left with consequences that do not
serve the cause of international justice.''
(5) Ambassador Scheffer went on to tell the
Congress that: ``Multinational peacekeeping forces
operating in a country that has joined the treaty can
be exposed to the Court's jurisdiction even if the
country of the individual peacekeeper has not joined
the treaty. Thus, the treaty purports to establish an
arrangement whereby United States armed forces
operating overseas could be conceivably prosecuted by
the international court even if the United States has
not agreed to be bound by the treaty. Not only is this
contrary to the most fundamental principles of treaty
law, it could inhibit the ability of the United States
to use its military to meet alliance obligations and
participate in multinational operations, including
humanitarian interventions to save civilian lives.
Other contributors to peacekeeping operations will be
similarly exposed.''.
(6) Notwithstanding these concerns, President
Clinton directed that the United States sign the Rome
Statute on December 31, 2000. In a statement issued
that day, he stated that in view of the unremedied
deficiencies of the Rome Statute, ``I will not, and do
not recommend that my successor submit the Treaty to
the Senate for advice and consent until our fundamental
concerns are satisfied''.
(7) Any American prosecuted by the International
Criminal Court will, under the Rome Statute, be denied
procedural protections to which all Americans are
entitled under the Bill of Rights to the United States
Constitution, such as the right to trial by jury.
(8) Members of the Armed Forces of the United
States should be free from the risk of prosecution by
the International Criminal Court, especially when they
are stationed or deployed around the world to protect
the vital national interests of the United States. The
United States Government has an obligation to protect
the members of its Armed Forces, to the maximum extent
possible, against criminal prosecutions carried out by
the International Criminal Court.
(9) In addition to exposing members of the Armed
Forces of the United States to the risk of
international criminal prosecution, the Rome Statute
creates a risk that the President and other senior
elected and appointed officials of the United States
Government may be prosecuted by the International
Criminal Court. Particularly if the Preparatory
Commission agrees on a definition of the Crime of
Aggression over United States objections, senior United
States officials may be at risk of criminal prosecution
for national security decisions involving such matters
as responding to acts of terrorism, preventing the
proliferation of weapons of mass destruction, and
deterring aggression. No less than members of the Armed
Forces of the United States, senior officials of the
United States Government should be free from the risk
of prosecution by the International Criminal Court,
especially with respect to official actions taken by
them to protect the national interests of the United
States.
(10) Any agreement within the Preparatory
Commission on a definition of the Crime of Aggression
that usurps the prerogative of the United Nations
Security Council under Article 39 of the charter of the
United Nations to ``determine the existence of any . .
. . act of aggression'' would contravene the charter of
the United Nations and undermine deterrence.
(11) It is a fundamental principle of international
law that a treaty is binding upon its parties only and
that it does not create obligations for nonparties
without their consent to be bound. The United States is
not a party to the Rome Statute and will not be bound
by any of its terms. The United States will not
recognize the jurisdiction of the International
Criminal Court over United States nationals.
SEC. 2003. WAIVER AND TERMINATION OF PROHIBITIONS OF THIS TITLE.
(a) Authority To Initially Waive Sections 5 and 7.--The
President is authorized to waive the prohibitions and
requirements of sections 2005 and 2007 for a single period of 1
year. A waiver under this subsection may be issued only if the
President at least 15 days in advance of exercising such
authority--
(1) notifies the appropriate congressional
committees of the intention to exercise such authority;
and
(2) determines and reports to the appropriate
congressional committees that the International
Criminal Court has entered into a binding agreement
that--
(A) prohibits the International Criminal
Court from seeking to exercise jurisdiction
over the following persons with respect to
actions undertaken by them in an official
capacity:
(i) covered United States persons;
(ii) covered allied persons; and
(iii) individuals who were covered
United States persons or covered allied
persons; and
(B) ensures that no person described in
subparagraph (A) will be arrested, detained,
prosecuted, or imprisoned by or on behalf of
the International Criminal Court.
(b) Authority To Extend Waiver of Sections 5 and 7.--The
President is authorized to waive the prohibitions and
requirements of sections 2005 and 2007 for successive periods
of 1 year each upon the expiration of a previous waiver
pursuant to subsection (a) or this subsection. A waiver under
this subsection may be issued only if the President at least 15
days in advance of exercising such authority--
(1) notifies the appropriate congressional
committees of the intention to exercise such authority;
and
(2) determines and reports to the appropriate
congressional committees that the International
Criminal Court--
(A) remains party to, and has continued to
abide by, a binding agreement that--
(i) prohibits the International
Criminal Court from seeking to exercise
jurisdiction over the following persons
with respect to actions undertaken by
them in an official capacity:
(I) covered United States
persons;
(II) covered allied
persons; and
(III) individuals who were
covered United States persons
or covered allied persons; and
(ii) ensures that no person
described in clause (i) will be
arrested, detained, prosecuted, or
imprisoned by or on behalf of the
International Criminal Court; and
(B) has taken no steps to arrest, detain,
prosecute, or imprison any person described in
clause (i) of subparagraph (A).
(c) Authority To Waive Sections 4 and 6 With Respect to an
Investigation or Prosecution of a Named Individual.--The
President is authorized to waive the prohibitions and
requirements of sections 2004 and 2006 to the degree such
prohibitions and requirements would prevent United States
cooperation with an investigation or prosecution of a named
individual by the International Criminal Court. A waiver under
this subsection may be issued only if the President at least 15
days in advance of exercising such authority--
(1) notifies the appropriate congressional
committees of the intention to exercise such authority;
and
(2) determines and reports to the appropriate
congressional committees that--
(A) a waiver pursuant to subsection (a) or
(b) of the prohibitions and requirements of
sections 2005 and 2007 is in effect;
(B) there is reason to believe that the
named individual committed the crime or crimes
that are the subject of the International
Criminal Court's investigation or prosecution;
(C) it is in the national interest of the
United States for the International Criminal
Court's investigation or prosecution of the
named individual to proceed; and
(D) in investigating events related to
actions by the named individual, none of the
following persons will be investigated,
arrested, detained, prosecuted, or imprisoned
by or on behalf of the International Criminal
Court with respect to actions undertaken by
them in an official capacity:
(i) Covered United States persons.
(ii) Covered allied persons.
(iii) Individuals who were covered
United States persons or covered allied
persons.
(d) Termination of Waiver Pursuant to Subsection (c).--Any
waiver or waivers exercised pursuant to subsection (c) of the
prohibitions and requirements of sections 2004 and 2006 shall
terminate at any time that a waiver pursuant to subsection (a)
or (b) of the prohibitions and requirements of sections 2005
and 2007 expires and is not extended pursuant to subsection
(b).
(e) Termination of Prohibitions of This Title.--The
prohibitions and requirements of sections 2004, 2005, 2006, and
2007 shall cease to apply, and the authority of section 2008
shall terminate, if the United States becomes a party to the
International Criminal Court pursuant to a treaty made under
article II, section 2, clause 2 of the Constitution of the
United States.
SEC. 2004. PROHIBITION ON COOPERATION WITH THE INTERNATIONAL CRIMINAL
COURT.
(a) Application.--The provisions of this section--
(1) apply only to cooperation with the
International Criminal Court and shall not apply to
cooperation with an ad hoc international criminal
tribunal established by the United Nations Security
Council before or after the date of the enactment of
this Act to investigate and prosecute war crimes
committed in a specific country or during a specific
conflict; and
(2) shall not prohibit--
(A) any action permitted under section
2008; or
(B) communication by the United States of
its policy with respect to a matter.
(b) Prohibition on Responding to Requests for
Cooperation.--Notwithstanding section 1782 of title 28, United
States Code, or any other provision of law, no United States
Court, and no agency or entity of any State or local
government, including any court, may cooperate with the
International Criminal Court in response to a request for
cooperation submitted by the International Criminal Court
pursuant to the Rome Statute.
(c) Prohibition on Transmittal of Letters Rogatory From the
International Criminal Court.--Notwithstanding section 1781 of
title 28, United States Code, or any other provision of law, no
agency of the United States Government may transmit for
execution any letter rogatory issued, or other request for
cooperation made, by the International Criminal Court to the
tribunal, officer, or agency in the United States to whom it is
addressed.
(d) Prohibition on Extradition to the International
Criminal Court.--Notwithstanding any other provision of law, no
agency or entity of the United States Government or of any
State or local government may extradite any person from the
United States to the International Criminal Court, nor support
the transfer of any United States citizen or permanent resident
alien to the International Criminal Court.
(e) Prohibition on Provision of Support to the
International Criminal Court.--Notwithstanding any other
provision of law, no agency or entity of the United States
Government or of any State or local government, including any
court, may provide support to the International Criminal Court.
(f) Prohibition on Use of Appropriated Funds To Assist the
International Criminal Court.--Notwithstanding any other
provision of law, no funds appropriated under any provision of
law may be used for the purpose of assisting the investigation,
arrest, detention, extradition, or prosecution of any United
States citizen or permanent resident alien by the International
Criminal Court.
(g) Restriction on Assistance Pursuant to Mutual Legal
Assistance Treaties.--The United States shall exercise its
rights to limit the use of assistance provided under all
treaties and executive agreements for mutual legal assistance
in criminal matters, multilateral conventions with legal
assistance provisions, and extradition treaties, to which the
United States is a party, and in connection with the execution
or issuance of any letter rogatory, to prevent the transfer to,
or other use by, the International Criminal Court of any
assistance provided by the United States under such treaties
and letters rogatory.
(h) Prohibition on Investigative Activities of Agents.--No
agent of the International Criminal Court may conduct, in the
United States or any territory subject to the jurisdiction of
the United States, any investigative activity relating to a
preliminary inquiry, investigation, prosecution, or other
proceeding at the International Criminal Court.
SEC. 2005. RESTRICTION ON UNITED STATES PARTICIPATION IN CERTAIN UNITED
NATIONS PEACEKEEPING OPERATIONS.
(a) Policy.--Effective beginning on the date on which the
Rome Statute enters into force pursuant to Article 126 of the
Rome Statute, the President should use the voice and vote of
the United States in the United Nations Security Council to
ensure that each resolution of the Security Council authorizing
any peacekeeping operation under chapter VI of the charter of
the United Nations or peace enforcement operation under chapter
VII of the charter of the United Nations permanently exempts,
at a minimum, members of the Armed Forces of the United States
participating in such operation from criminal prosecution or
other assertion of jurisdiction by the International Criminal
Court for actions undertaken by such personnel in connection
with the operation.
(b) Restriction.--Members of the Armed Forces of the United
States may not participate in any peacekeeping operation under
chapter VI of the charter of the United Nations or peace
enforcement operation under chapter VII of the charter of the
United Nations, the creation of which is authorized by the
United Nations Security Council on or after the date that the
Rome Statute enters into effect pursuant to Article 126 of the
Rome Statute, unless the President has submitted to the
appropriate congressional committees a certification described
in subsection (c) with respect to such operation.
(c) Certification.--The certification referred to in
subsection (b) is a certification by the President that--
(1) members of the Armed Forces of the United
States are able to participate in the peacekeeping or
peace enforcement operation without risk of criminal
prosecution or other assertion of jurisdiction by the
International Criminal Court because, in authorizing
the operation, the United Nations Security Council
permanently exempted, at a minimum, members of the
Armed Forces of the United States participating in the
operation from criminal prosecution or other assertion
of jurisdiction by the International Criminal Court for
actions undertaken by them in connection with the
operation;
(2) members of the Armed Forces of the United
States are able to participate in the peacekeeping or
peace enforcement operation without risk of criminal
prosecution or other assertion of jurisdiction by the
International Criminal Court because each country in
which members of the Armed Forces of the United States
participating in the operation will be present either
is not a party to the International Criminal Court and
has not invoked the jurisdiction of the International
Criminal Court pursuant to Article 12 of the Rome
Statute, or has entered into an agreement in accordance
with Article 98 of the Rome Statute preventing the
International Criminal Court from proceeding against
members of the Armed Forces of the United States
present in that country; or
(3) the national interests of the United States
justify participation by members of the Armed Forces of
the United States in the peacekeeping or peace
enforcement operation.
SEC. 2006. PROHIBITION ON DIRECT OR INDIRECT TRANSFER OF CLASSIFIED
NATIONAL SECURITY INFORMATION AND LAW ENFORCEMENT
INFORMATION TO THE INTERNATIONAL CRIMINAL COURT.
(a) In General.--Not later than the date on which the Rome
Statute enters into force, the President shall ensure that
appropriate procedures are in place to prevent the transfer of
classified national security information and law enforcement
information to the International Criminal Court for the purpose
of facilitating an investigation, apprehension, or prosecution.
(b) Indirect Transfer.--The procedures adopted pursuant to
subsection (a) shall be designed to prevent the transfer to the
United Nations and to the government of any country that is
party to the International Criminal Court of classified
national security information and law enforcement information
that specifically relates to matters known to be under
investigation or prosecution by the International Criminal
Court, except to the degree that satisfactory assurances are
received from the United Nations or that government, as the
case may be, that such information will not be made available
to the International Criminal Court for the purpose of
facilitating an investigation, apprehension, or prosecution.
(c) Construction.--The provisions of this section shall not
be construed to prohibit any action permitted under section
2008.
SEC. 2007. PROHIBITION OF UNITED STATES MILITARY ASSISTANCE TO PARTIES
TO THE INTERNATIONAL CRIMINAL COURT.
(a) Prohibition of Military Assistance.--Subject to
subsections (b) and (c), and effective 1 year after the date on
which the Rome Statute enters into force pursuant to Article
126 of the Rome Statute, no United States military assistance
may be provided to the government of a country that is a party
to the International Criminal Court.
(b) National Interest Waiver.--The President may, without
prior notice to Congress, waive the prohibition of subsection
(a) with respect to a particular country if he determines and
reports to the appropriate congressional committees that it is
important to the national interest of the United States to
waive such prohibition.
(c) Article 98 Waiver.--The President may, without prior
notice to Congress, waive the prohibition of subsection (a)
with respect to a particular country if he determines and
reports to the appropriate congressional committees that such
country has entered into an agreement with the United States
pursuant to Article 98 of the Rome Statute preventing the
International Criminal court from proceeding against United
States personnel present in such country.
(d) Exemption.--The prohibition of subsection (a) shall not
apply to the government of--
(1) a NATO member country;
(2) a major non-NATO ally (including Australia,
Egypt, Israel, Japan, Jordan, Argentina, the Republic
of Korea, and New Zealand); or
(3) Taiwan.
SEC. 2008. AUTHORITY TO FREE MEMBERS OF THE ARMED FORCES OF THE UNITED
STATES AND CERTAIN OTHER PERSONS DETAINED OR
IMPRISONED BY OR ON BEHALF OF THE INTERNATIONAL
CRIMINAL COURT.
(a) Authority.--The President is authorized to use all
means necessary and appropriate to bring about the release of
any person described in subsection (b) who is being detained or
imprisoned by, on behalf of, or at the request of the
International Criminal Court.
(b) Persons Authorized To Be Freed.--The authority of
subsection (a) shall extend to the following persons:
(1) Covered United States persons.
(2) Covered allied persons.
(3) Individuals detained or imprisoned for official
actions taken while the individual was a covered United
States person or a covered allied person, and in the
case of a covered allied person, upon the request of
such government.
(c) Authorization of Legal Assistance.--When any person
described in subsection (b) is arrested, detained,
investigated, prosecuted, or imprisoned by, on behalf of, or at
the request of the International Criminal Court, the President
is authorized to direct any agency of the United States
Government to provide--
(1) legal representation and other legal assistance
to that person (including, in the case of a person
entitled to assistance under section 1037 of title 10,
United States Code, representation and other assistance
in the manner provided in that section);
(2) exculpatory evidence on behalf of that person;
and
(3) defense of the interests of the United States
through appearance before the International Criminal
Court pursuant to Article 18 or 19 of the Rome Statute,
or before the courts or tribunals of any country.
(d) Bribes and Other Inducements Not Authorized.--This
section does not authorize the payment of bribes or the
provision of other such incentives to induce the release of a
person described in subsection (b).
SEC. 2009. ALLIANCE COMMAND ARRANGEMENTS.
(a) Report on Alliance Command Arrangements.--Not later
than 6 months after the date of the enactment of this Act, the
President should transmit to the appropriate congressional
committees a report with respect to each military alliance to
which the United States is party--
(1) describing the degree to which members of the
Armed Forces of the United States may, in the context
of military operations undertaken by or pursuant to
that alliance, be placed under the command or
operational control of foreign military officers
subject to the jurisdiction of the International
Criminal Court because they are nationals of a party to
the International Criminal Court; and
(2) evaluating the degree to which members of the
Armed Forces of the United States engaged in military
operations undertaken by or pursuant to that alliance
may be exposed to greater risks as a result of being
placed under the command or operational control of
foreign military officers subject to the jurisdiction
of the International Criminal Court.
(b) Description of Measures To Achieve Enhanced Protection
for Members of the Armed Forces of the United States.--Not
later than 1 year after the date of the enactment of this Act,
the President should transmit to the appropriate congressional
committees a description of modifications to command and
operational control arrangements within military alliances to
which the United States is a party that could be made in order
to reduce any risks to members of the Armed Forces of the
United States identified pursuant to subsection (a)(2).
(c) Submission in Classified Form.--The report under
subsection (a), and the description of measures under
subsection (b), or appropriate parts thereof, may be submitted
in classified form.
SEC. 2010. WITHHOLDINGS.
Funds withheld from the United States share of assessments
to the United Nations or any other international organization
during any fiscal year pursuant to section 705 of the Admiral
James W. Nance and Meg Donovan Foreign Relations Authorization
Act, Fiscal Years 2000 and 2001 (as enacted by section
1000(a)(7) of Public Law 106-113; 113 Stat. 1501A-460), are
authorized to be transferred to the Embassy Security,
Construction and Maintenance Account of the Department of
State.
SEC. 2011. APPLICATION OF SECTIONS 2004 AND 2006 TO EXERCISE OF
CONSTITUTIONAL AUTHORITIES.
(a) In General.--Sections 2004 and 2006 shall not apply to
any action or actions with respect to a specific matter
involving the International Criminal Court taken or directed by
the President on a case-by-case basis in the exercise of the
President's authority as Commander in Chief of the Armed Forces
of the United States under article II, section 2 of the United
States Constitution or in the exercise of the executive power
under article II, section 1 of the United States Constitution.
(b) Notification to Congress.--
(1) In general.--Subject to paragraph (2), not
later than 15 days after the President takes or directs
an action or actions described in subsection (a) that
would otherwise be prohibited under section 2004 or
2006, the President shall submit a notification of such
action to the appropriate congressional committees. A
notification under this paragraph shall include a
description of the action, a determination that the
action is in the national interest of the United
States, and a justification for the action.
(2) Exception.--If the President determines that a
full notification under paragraph (1) could jeopardize
the national security of the United States or
compromise a United States law enforcement activity,
not later than 15 days after the President takes or
directs an action or actions referred to in paragraph
(1) the President shall notify the appropriate
congressional committees that an action has been taken
and a determination has been made pursuant to this
paragraph. The President shall provide a full
notification under paragraph (1) not later than 15 days
after the reasons for the determination under this
paragraph no longer apply.
(c) Construction.--Nothing in this section shall be
construed as a grant of statutory authority to the President to
take any action.
SEC. 2012. NONDELEGATION.
The authorities vested in the President by sections 2003
and 2011(a) may not be delegated by the President pursuant to
section 301 of title 3, United States Code, or any other
provision of law. The authority vested in the President by
section 2005(c)(3) may not be delegated by the President
pursuant to section 301 of title 3, United States Code, or any
other provision of law to any official other than the Secretary
of Defense, and if so delegated may not be subdelegated.
SEC. 2013. DEFINITIONS.
As used in this title and in section 706 of the Admiral
James W. Nance and Meg Donovan Foreign Relations Authorization
Act, Fiscal Years 2000 and 2001:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the
Committee on International Relations of the House of
Representatives and the Committee on Foreign Relations
of the Senate.
(2) Classified national security information.--The
term ``classified national security information'' means
information that is classified or classifiable under
Executive Order 12958 or a successor Executive order.
(3) Covered allied persons.--The term ``covered
allied persons'' means military personnel, elected or
appointed officials, and other persons employed by or
working on behalf of the government of a NATO member
country, a major non-NATO ally (including Australia,
Egypt, Israel, Japan, Jordan, Argentina, the Republic
of Korea, and New Zealand), or Taiwan, for so long as
that government is not a party to the International
Criminal Court and wishes its officials and other
persons working on its behalf to be exempted from the
jurisdiction of the International Criminal Court.
(4) Covered united states persons.--The term
``covered United States persons'' means members of the
Armed Forces of the United States, elected or appointed
officials of the United States Government, and other
persons employed by or working on behalf of the United
States Government, for so long as the United States is
not a party to the International Criminal Court.
(5) Extradition.--The terms ``extradition'' and
``extradite'' mean the extradition of a person in
accordance with the provisions of chapter 209 of title
18, United States Code, (including section 3181(b) of
such title) and such terms include both extradition and
surrender as those terms are defined in Article 102 of
the Rome Statute.
(6) International criminal court.--The term
``International Criminal Court'' means the court
established by the Rome Statute.
(7) Major non-nato ally.--The term ``major non-NATO
ally'' means a country that has been so designated in
accordance with section 517 of the Foreign Assistance
Act of 1961.
(8) Participate in any peacekeeping operation under
chapter vi of the charter of the united nations or
peace enforcement operation under chapter vii of the
charter of the united nations.--The term ``participate
in any peacekeeping operation under chapter VI of the
charter of the United Nations or peace enforcement
operation under chapter VII of the charter of the
United Nations'' means to assign members of the Armed
Forces of the United States to a United Nations
military command structure as part of a peacekeeping
operation under chapter VI of the charter of the United
Nations or peace enforcement operation under chapter
VII of the charter of the United Nations in which those
members of the Armed Forces of the United States are
subject to the command or operational control of one or
more foreign military officers not appointed in
conformity with article II, section 2, clause 2 of the
Constitution of the United States.
(9) Party to the international criminal court.--The
term ``party to the International Criminal Court''
means a government that has deposited an instrument of
ratification, acceptance, approval, or accession to the
Rome Statute, and has not withdrawn from the Rome
Statute pursuant to Article 127 thereof.
(10) Peacekeeping operation under chapter vi of the
charter of the united nations or peace enforcement
operation under chapter vii of the charter of the
united nations.--The term ``peacekeeping operation
under chapter VI of the charter of the United Nations
or peace enforcement operation under chapter VII of the
charter of the United Nations'' means any military
operation to maintain or restore international peace
and security that--
(A) is authorized by the United Nations
Security Council under chapter VI or VII of the
charter of the United Nations; and
(B) is paid for from assessed contributions
of United Nations members that are made
available for peacekeeping or peace enforcement
activities.
(11) Rome statute.--The term ``Rome Statute'' means
the Rome Statute of the International Criminal Court,
adopted by the United Nations Diplomatic Conference of
Plenipotentiaries on the Establishment of an
International Criminal Court on July 17, 1998.
(12) Support.--The term ``support'' means
assistance of any kind, including financial support,
transfer of property or other material support,
services, intelligence sharing, law enforcement
cooperation, the training or detail of personnel, and
the arrest or detention of individuals.
(13) United states military assistance.--The term
``United States military assistance'' means--
(A) assistance provided under chapter 2 or
5 of part II of the Foreign Assistance Act of
1961 (22 U.S.C. 2151 et seq.); or
(B) defense articles or defense services
furnished with the financial assistance of the
United States Government, including through
loans and guarantees, under section 23 of the
Arms Export Control Act (22 U.S.C. 2763).
SEC. 2014. REPEAL OF LIMITATION.
The Department of Defense Appropriations Act, 2002
(division A of Public Law 107-117) is amended by striking
section 8173.
SEC. 2015. ASSISTANCE TO INTERNATIONAL EFFORTS.
Nothing in this title shall prohibit the United States from
rendering assistance to international efforts to bring to
justice Saddam Hussein, Slobodan Milosovic, Osama bin Laden,
other members of Al Queda, leaders of Islamic Jihad, and other
foreign nationals accused of genocide, war crimes or crimes
against humanity.
TITLE III--OTHER MATTERS
SEC. 3001. AMENDMENTS TO THE CARIBBEAN BASIN ECONOMIC RECOVERY ACT.
Section 213(b)(2)(A) of the Caribbean Basin Economic
Recovery Act (title II of Public Law 98-67; 19 U.S.C.
2703(b)(2)(A)) is amended--
(1) in clause (i), by adding at the end the
following:
``Apparel articles shall qualify under the
preceding sentence only if all dyeing,
printing, and finishing of the fabrics from
which the articles are assembled, if the
fabrics are knit fabrics, is carried out in the
United States. Apparel articles shall qualify
under the first sentence of this clause only if
all dyeing, printing, and finishing of the
fabrics from which the articles are assembled,
if the fabrics are woven fabrics, is carried
out in the United States.''; and
(2) in clause (ii), by adding at the end the
following:
``Apparel articles shall qualify under the
preceding sentence only if all dyeing,
printing, and finishing of the fabrics from
which the articles are assembled, if the
fabrics are knit fabrics, is carried out in the
United States. Apparel articles shall qualify
under the first sentence of this clause only if
all dyeing, printing, and finishing of the
fabrics from which the articles are assembled,
if the fabrics are woven fabrics, is carried
out in the United States.''.
(b) Andean Trade Preference Act.--Any duty free or other
preferential treatment provided under the Andean Trade
Preference Act to apparel articles assembled from fabric formed
in the United States shall apply to such articles only if all
dyeing, printing, and finishing of the fabrics from which the
articles are assembled if the fabrics are knit fabrics, is
carried out in the United States. Any duty-free or other
preferential treatment provided under the Andean Trade
Preference Act to apparel articles assembled from fabric formed
in the United States shall apply to such articles only if all
dyeing, printing, and finishing of the fabrics from which the
articles are assembled if the fabrics are woven fabrics, is
carried out in the United States.
(c) Effective Date.--Subsection (b) and the amendments made
by subsection (a) shall take effect--
(1) 90 days after the date of the enactment of this
Act, or
(2) September 1, 2002,
whichever occurs first.
SEC. 3002. RURAL SERVICE IMPROVEMENT.
(a) Short Title.--This title may be cited as the ``Rural
Service Improvement Act of 2002''.
(b) Findings.--Congress makes the following findings:
(1) The State of Alaska is the largest State in the
Union and has a very limited system of roads connecting
communities.
(2) Alaska has more pilots per capita than any
other State in the Union.
(3) Pilots flying in Alaska are often the most
skilled and best-prepared pilots in the world.
(4) Air travel within the State of Alaska is often
hampered by severe weather conditions and treacherous
terrain.
(5) The United States Government owns nearly \2/3\
of Alaska's landmass, including large tracts of land
separating isolated communities within the State.
(6) Such Federal ownership has inhibited the
ability of Alaskans to build roads connecting isolated
communities.
(7) Most communities and a large portion of the
population within the State can only be reached by air.
(8) The vast majority of food items and everyday
necessities destined for these isolated communities and
populations can only be transported through the air.
(9) The Intra-Alaska Bypass Mail system, created by
Congress and operated by the United States Postal
Service under section 5402 of title 39, United States
Code, with input from the Department of Transportation,
connecting hundreds of rural and isolated communities
within the State, is a critical piece of the Alaska and
the national transportation system. The system is like
a 4-legged stool, designed to--
(A) provide the most affordable means of
delivering food and everyday necessities to
these rural and isolated communities;
(B) establish a system whereby the Postal
Service can meet its obligations to deliver
mail to every house and business in the United
States;
(C) support affordable and reliable
passenger service; and
(D) support affordable and reliable nonmail
freight service.
(10) Without the Intra-Alaska Bypass Mail system--
(A) it would be difficult and more
expensive for the Postal Service to meet its
obligation of delivering mail to every house
and business in the United States; and
(B) food, medicine, freight, and everyday
necessities and passenger service for these
rural and isolated communities would cost
several times the current level.
(11) Attempts by Congress to support passenger and
nonmail freight service in Alaska using the Intra-
Alaska Bypass Mail system have yielded some positive
results, but some carriers have been manipulating the
system by carrying few, if any, passengers and little
nonmail freight while earning most of their revenues
from the carriage of nonpriority bypass mail.
(12) As long as the Federal Government continues to
own large tracts of land within the State of Alaska
which impede access to isolated communities, it is in
the best interest of the Postal Service, the residents
of Alaska and the United States--
(A) to ensure that the Intra-Alaska Bypass
Mail system remains strong, viable, and
affordable for the Postal Service;
(B) to ensure that residents of rural and
isolated communities in Alaska continue to have
affordable, reliable, and safe passenger
service;
(C) to ensure that residents of rural and
isolated communities in Alaska continue to have
affordable, reliable, and safe nonmail freight
service;
(D) to encourage that intra-Alaska air
carriers move toward safer, more secure, and
more reliable air transportation under the
Federal Aviation Administration's guidelines
and in accordance with part 121 of title 14,
Code of Federal Regulations, where such
operations are supported by the needs of the
community; and
(E) that Congress, pursuant to the
authority granted under Article I, section 8 of
the United States Constitution to establish
Post Offices and post roads, make changes to
ensure that the Intra-Alaska Bypass Mail system
continues to be used to support substantial
passenger and nonmail freight service and to
reduce costs for the Postal Service.
(c) Selection of Carriers of Nonpriority Bypass Mail to
Certain Points in Alaska.--
(1) Definitions.--Section 5402 of title 39, United
States Code, is amended--
(A) by striking subsection (e);
(B) by redesignating subsections (a)
through (d) as subsections (b) through (e),
respectively; and
(C) by inserting before subsection (b), as
redesignated, the following:
``(a) In this section--
``(1) the term `acceptance point' means the point
at which nonpriority bypass mail originates;
``(2) the terms `air carrier', `interstate air
transportation', and `foreign air transportation' have
the meanings given such terms in section 40102(a) of
title 49, United States Code;
``(3) the term `base fare' means the fare paid to
the carrier issuing the passenger ticket or carrying
nonmail freight which may entail service being provided
by more than 1 carrier;
``(4) the term `bush carrier' means a carrier
operating aircraft certificated within the payload
capacity requirements of subsection (g)(1)(D)(i) on a
city pair route;
``(5) the term `bush passenger carrier' means a
passenger carrier that meets the requirements of
subsection (g)(1)(D)(i) and provides passenger service
on a city pair route;
``(6) the term `bush route' means an air route in
which only a bush carrier is tendered nonpriority
bypass mail between the origination point, being either
an acceptance point or a hub, as determined by the
Postal Service, and the destination city;
``(7) the term `city pair' means service between an
origin and destination city pair;
``(8) the term `composite rate'--
``(A) means a combination of mainline and
bush rates paid to a bush carrier for a direct
flight from an acceptance point to a bush
destination beyond a hub point; and
``(B) shall be based on the mainline rate
paid to the hub, plus the lowest bush rate paid
to bush carriers in the State of Alaska for the
distance traveled from the hub point to the
destination point;
``(9) the term `equitable tender' means the
practice of the Postal Service of equitably
distributing mail on a fair and reasonable basis
between those air carriers that offer equivalent
services and costs between 2 communities in accordance
with the regulations of the Postal Service;
``(10) the term `existing mainline carrier' means a
mainline carrier (as defined in this subsection) that
on January 1, 2001, was--
``(A) certified under part 121;
``(B) qualified to provide mainline
nonpriority bypass mail service; and
``(C) actually engaged in the carriage of
mainline nonpriority bypass mail through
scheduled service in the State of Alaska;
``(11) the term `mainline carrier' means a carrier
operating aircraft under part 121 and certificated
within the payload capacity requirements of subsection
(g)(1)(D)(ii) on a given city pair route;
``(12) the term `mainline route' means a city pair
in which a mainline carrier is tendered nonpriority
bypass mail;
``(13) the term `new', when referencing a carrier,
means a carrier that--
``(A) meets the respective requirements of
clause (i) or (ii) of subsection (g)(1)(D),
depending on the type of route being served and
the size of aircraft being used to provide
service; and
``(B) began providing nonpriority bypass
mail service on a city pair route in the State
of Alaska after January 1, 2001;
``(14) the term `part 121' means part 121 of title
14, Code of Federal Regulations;
``(15) the term `part 135' means part 135 of title
14, Code of Federal Regulations;
``(16) the term `scheduled service' means--
``(A) flights are operated in common
carriage available to the general public under
a published schedule;
``(B) flight schedules are announced in
advance in systems specified by the Postal
Service, in addition to the Official Airline
Guide or the air cargo equivalent of that
Guide;
``(C) flights depart whether full or not;
and
``(D) customers contract for carriage
separately on a regular basis;
``(17) the term `Secretary' means the Secretary of
Transportation;
``(18) the term `121 bush passenger carrier' means
a bush passenger carrier providing passenger service on
bush routes under part 121;
``(19) the term `121 mainline passenger carrier'
means a mainline carrier providing passenger service
through scheduled service on routes under part 121;
``(20) the term `121 passenger aircraft' means an
aircraft flying passengers on a city pair route that is
operated under part 121;
``(21) the term `121 passenger carrier' means a
passenger carrier that provides scheduled service under
part 121;
``(22) the term `135 bush passenger carrier' means
a bush passenger carrier providing passenger service
through scheduled service on bush routes under part
135; and
``(23) the term `135 passenger carrier' means a
passenger carrier that provides scheduled service under
part 135.''.
(2) Requirements for selection.--Section 5402(g)(1)
of title 39, United States Code, is amended--
(A) in the matter preceding subparagraph
(A), by inserting after ``in the State of
Alaska,'' the following: ``shall adhere to an
equitable tender policy within a qualified
group of carriers, in accordance with the
regulations of the Postal Service, and'';
(B) in subparagraph (C) by striking ``to
the best'' and all that follows before the
semicolon; and
(C) in subparagraph (D) by inserting ``with
at least 3 scheduled (noncontract) flights per
week between two points'' after ``scheduled
service''.
(3) Application of rates.--Section 5402(g)(2) of
title 39, United States Code, is amended--
(A) by striking ``and'' at the end of
subparagraph (A);
(B) by striking the period at the end of
subparagraph (B) and inserting a semicolon; and
(C) by adding at the end the following:
``(C) shall offer a bush passenger carrier
providing service on a route in the State of Alaska
between an acceptance point and a hub not served by a
mainline carrier the opportunity to receive equitable
tender of nonpriority bypass mail at mainline service
rates when a mainline carrier begins serving that route
if the bush passenger carrier--
``(i) meets the requirements of paragraph
(1);
``(ii) provided at least 20 percent of the
passenger service (as calculated in subsection
(h)(5)) between such city pair for the 6 months
immediately preceding the date on which the
bush carrier seeks such tender; and
``(iii) continues to provide not less than
20 percent of the passenger service on the city
pair while seeking such tender;
``(D) shall offer bush passenger carriers and
nonmail freight carriers the opportunity to receive
equitable tender of nonpriority bypass mail at mainline
service rates from a hub point to a destination city in
the State of Alaska if the city pair is also being
served by a mainline carrier and--
``(i) for a passenger carrier--
``(I) the carrier meets the
requirements of paragraph (1);
``(II) the carrier provided at
least 20 percent of the passenger
service (as calculated in subsection
(h)(5)) on the city pair route for the
6 months immediately preceding the date
on which the carrier seeks such tender;
and
``(III) the carrier continues to
provide not less than 20 percent of the
passenger service on the route; or
``(ii) for a nonmail freight carrier--
``(I) the carrier meets the
requirements of paragraph (1); and
``(II) the carrier provided at
least 25 percent of the nonmail freight
service (as calculated in subsection
(i)(6)) on the city pair route for the
6 months immediately preceding the date
on which the carrier seeks such tender;
``(E)(i) shall not offer equitable tender of
nonpriority mainline bypass mail at mainline rates to a
bush carrier operating from an acceptance point to a
hub point in the State of Alaska, except as described
in subparagraph (C); and
``(ii) may tender nonpriority bypass mail at bush
rates to a bush carrier from an acceptance point to a
hub point in the State of Alaska if the Postal Service
determines that--
``(I) the bush carrier meets the
requirements of paragraph (1);
``(II) the service to be provided on such
route by the bush carrier is not otherwise
available through direct mainline service; and
``(III) tender of mail to such bush carrier
will not decrease the efficiency of nonpriority
bypass mail service (in terms of payments to
all carriers providing service on the city pair
route and timely delivery) for the route;
``(F) may offer tender of nonpriority bypass mail
to a passenger carrier from an acceptance point to a
destination city beyond a hub point in the State of
Alaska at a composite rate if the Postal Service
determines that--
``(i) the carrier provides passenger
service in accordance with the requirements of
subsection (h)(2);
``(ii) the carrier qualifies under
subsection (h) to be tendered nonpriority
bypass mail out of the hub point being
bypassed;
``(iii) the tender of such mail will not
decrease efficiency of delivery of nonpriority
bypass mail service into or out of the hub
point being bypassed; and
``(iv) such tender will result in reduced
payments to the carrier by the Postal Service
over flying the entire route; and
``(G) notwithstanding subparagraph (F), shall offer
equitable tender of nonpriority bypass mail in
proportion to passenger and nonmail freight mail pools
described in this section between qualified passenger
and nonmail freight carriers on a route from an
acceptance point to a bush destination in the State of
Alaska at a composite rate if--
``(i)(I) for a passenger carrier, the
carrier receiving the composite rate provided
20 percent of the passenger service on the city
pair route for the 12 months immediately
preceding the date on which the carrier seeks
tender of such mail; or
``(II) for a nonmail freight carrier, the
carrier receiving the composite rate provided
at least 25 percent of the nonmail freight
service for the 12 months immediately preceding
the date on which the carrier seeks tender of
such mail; and
``(ii)(I) nonpriority bypass mail was being
tendered to a passenger carrier or a nonmail
freight carrier at a composite rate on such
city pair route on January 1, 2000; or
``(II) the hub being bypassed was not
served by a mainline carrier on January 1,
2000.
The tender of nonpriority bypass mail under subparagraph (G)
shall be on an equitable basis between the qualified carriers
that provide the direct service on the city pair route and the
qualified carriers that provide service between the hub point
being bypassed and the destination point, based on the volume
of nonpriority bypass mail on both routes.''.
(4) Selection of carriers to hub points.--Section
5402(g) of title 39, United States Code, is amended by
adding at the end the following:
``(4)(A) Except as provided under subparagraph (B) and
paragraph (5), the Postal Service shall select only existing
mainline carriers to provide nonpriority bypass mail service
between an acceptance point and a hub point in the State of
Alaska.
``(B) The Postal Service may select a carrier other than an
existing mainline carrier to provide nonpriority bypass mail
service on a mainline route in the State of Alaska if--
``(i) the Postal Service determines (in accordance
with criteria established in advance by the Postal
Service) that the mail service between the acceptance
point and the hub point is deficient and provides
written notice of the determination to existing
mainline carriers to the hub point; and
``(ii) after the 30-day period following issuance
of notice under clause (i), including notice of
inadequate capacity, the Postal Service determines that
deficiencies in service to the hub point have not been
eliminated.
``(5)(A) The Postal Service shall offer equitable tender of
nonpriority bypass mail to a new 121 mainline passenger carrier
entering a mainline route in the State of Alaska, if the
carrier--
``(i) meets the requirements of subsection
(g)(1)(D)(ii); and
``(ii) has provided at least 75 percent of the
number of insured passenger seats as the number of
available passenger seats being provided by the
mainline passenger carrier providing the greatest
number of available passenger seats on that route for
the 6 months immediately preceding the date on which
the carrier seeks tender of such mail.
``(B) A new 121 mainline passenger carrier that is tendered
nonpriority mainline bypass mail under subparagraph (A)--
``(i) shall be eligible for equitable tender of
such mail only on city pair routes where the carrier
meets the conditions of subparagraph (A);
``(ii) may not count the passenger service provided
under subparagraph (A) toward the carrier meeting the
minimum requirements of this section; and
``(iii) shall provide at least 20 percent of the
passenger service (as determined for bush passenger
carriers in subsection (h)(5)) on such route to remain
eligible to be tendered nonpriority mainline bypass
mail.
``(C) Notwithstanding subparagraph (A) and paragraph
(1)(B), a new 121 mainline passenger carrier, otherwise
qualified under this subsection, may immediately receive
equitable tender of nonpriority mainline bypass mail to a hub
point in the State of Alaska if the carrier meets the
requirements of subparagraphs (A), (C), and (D) of paragraph
(1) and subsection (h)(2)(B) and--
``(i) all qualified 121 mainline passenger carriers
discontinue service on the city pair route; or
``(ii) no 121 mainline passenger carrier serves the
city pair route.
``(D) A carrier operating under a code share agreement on
the date of enactment of the Rural Service Improvement Act of
2002 that received tender of nonpriority mainline bypass mail
on a city pair route in the State of Alaska may count the
passenger service provided under the entire code share
arrangement on such route if the code share agreement
terminates. That carrier shall continue to provide at least 20
percent of the passenger service (as determined for bush
passenger carriers in subsection (h)(5)) between the city pair
as a 121 mainline passenger carrier while seeking such tender.
``(6)(A) Notwithstanding paragraph (1)(B), passenger
carriers providing essential air service under a Department of
Transportation order issued under subchapter II of chapter 417
of title 49, United States Code, shall be tendered all
nonpriority mail, in addition to all nonpriority bypass mail,
by the Postal Service to destination cities in the State of
Alaska served by the essential air service flights consistent
with that order unless the Postal Service finds that an
essential air service carrier's service does not meet the needs
of the Postal Service.
``(B) Service provided under this paragraph, including
service provided to points served in conjunction with service
being subsidized under the Essential Air Service contract, may
not be applied toward any of the minimum eligibility
requirements of this section.''.
(5) Selection of carriers to bush points.--Section
5402 of title 39, United States Code, is amended by
adding at the end the following:
``(h)(1) Except as provided under paragraph (7), on a city
pair route in the State of Alaska, the Postal Service shall
offer equitable tender of 70 percent of the nonpriority bypass
mail on the route to all carriers providing scheduled passenger
service in accordance with part 121 or part 135 that--
``(A) meet the requirements of subsection (g)(1);
``(B) provided 20 percent or more of the passenger
service (as calculated in paragraph (5)) between the
city pair for the 12 months preceding the date on which
the 121 passenger aircraft or the 135 passenger carrier
seek tender of nonpriority bypass mail; and
``(C) meet the requirements of paragraph (2).
``(2) To remain eligible for equitable tender under this
subsection, the carrier or aircraft shall--
``(A) continue to provide not less than 20 percent
of the passenger service on the city pair route for
which the carrier is seeking the tender of such
nonpriority bypass mail;
``(B)(i) for operations under part 121, operate
aircraft type certificated to carry at least 19
passengers;
``(ii) for operations under part 135, operate
aircraft type certificated to carry at least 5
passengers; or
``(iii) for operations under part 135 where only a
water landing is available, operate aircraft type
certificated to carry at least 3 passengers;
``(C) insure all available passenger seats on the
city pair route on which the carrier seeks tender of
such mail; and
``(D) operate flights under its published schedule.
``(3)(A) Except as provided under subparagraph (E), if a
135 passenger carrier serves a city pair route in the State of
Alaska and meets the requirements of paragraph (1) or (2) when
a 121 passenger carrier becomes qualified to be tendered
nonpriority bypass mail on such route with a 121 passenger
aircraft in accordance with paragraphs (1) and (2), the
qualifying 135 passenger carriers on that route shall convert
to operations with a 121 passenger aircraft within 5 years
after the 121 passenger aircraft begins receiving tender on
that route in order to remain eligible for equitable tender
under paragraph (1). The 135 carrier shall--
``(i) begin the process of conversion not later
than 2 years after the 121 passenger aircraft begins
carrying nonpriority bypass mail on that route; and
``(ii) submit a part 121 compliance statement not
later than 4 years after the 121 passenger aircraft
begins carrying nonpriority bypass mail on that route.
``(B) Completion of conversion under subparagraph (A) shall
not be required if all 121 passenger carriers discontinue the
carriage of nonpriority bypass mail with 121 passenger aircraft
on the city pair route.
``(C) Any qualified carrier operating in the State of
Alaska under this section may request a waiver from
subparagraph (A). Such a request, at the discretion of the
Secretary, may be granted for good cause shown. The requesting
party shall state the basis for such a waiver.
``(D) If after 6 years and 3 months following the date of
enactment of the Rural Service Improvement Act of 2002, a 135
passenger carrier is providing service on a city pair route in
the State of Alaska and a 121 passenger aircraft becomes
eligible to receive tender of nonpriority bypass mail on the
route, that 135 passenger carrier shall convert to operations
under part 121 within 12 months of the 121 passenger carrier
being tendered nonpriority bypass mail. The Postal Service
shall not continue the tender of nonpriority bypass mail to a
135 passenger carrier that fails to convert to part 121
operations within 12 months after the 121 passenger carrier
being tendered such mail under this paragraph.
``(E) Notwithstanding the requirements of this subsection,
if only 1 passenger carrier or aircraft is qualified to be
tendered nonpriority bypass mail as a passenger carrier or
aircraft on a city pair route in the State of Alaska, the
Postal Service shall tender 20 percent of the nonpriority
bypass mail described under paragraph (1) to the passenger
carrier or aircraft providing the next highest level of
passenger service on such route.
``(4) Qualification for the tender of mail under this
subsection shall not be counted toward the minimum
qualifications necessary to be tendered nonpriority bypass mail
on any other route.
``(5)(A)(i) In this section, the percent of passenger
service shall be a percentage calculated using data collected
under subsection (k).
``(ii) To ensure accurate reporting of market share the
Postal Service shall compare the resulting percentage under
clause (i) to the lesser of--
``(I) the amount of the passenger excise tax paid
by or on behalf of a carrier, as determined by
reviewing the collected amount of base fares for
passengers actually flown by a carrier from the
origination point to the destination point, divided by
the value of the total passenger excise taxes, as
determined by reviewing the collected amount of base
fares paid by or on behalf of all passenger carriers
providing service from the hub point to the bush
destination point; or
``(II) the amount of half of the passenger excise
tax paid by or on behalf of a carrier, as determined by
reviewing the collected amount of base fares for
passengers actually flown by a carrier on the city pair
route, divided by the value of the total passenger
excise taxes, as determined by reviewing the collected
amount of base fares paid by or on behalf of all
passenger carriers providing service between the
origination point and the destination point.
``(B) For the purposes of calculating passenger service as
described under subparagraph (A), a bush passenger carrier
providing intervillage bush passenger service may include the
carriage of passengers carried along any point of the route
between the route's origination point and the final destination
point. Such calculation shall be based only on the carriage of
passengers on regularly scheduled flights and only on flights
being flown in a direction away from the hub point. Passenger
service provided on chartered flights shall not be included in
the carrier's calculation of passenger service.
``(6)(A) The Secretary shall establish new bush rates for
passenger carriers operating in the State of Alaska receiving
tender of nonpriority bypass mail under this subsection.
``(B) The Secretary shall establish a bush rate based on
data collected under subsection (k) from 121 bush passenger
carriers. Such rates shall be paid to all bush passenger
carriers operating on city pair routes in the State of Alaska
where a 121 bush passenger carrier is tendered nonpriority
bypass mail.
``(C) The Secretary shall establish a bush rate based on
data collected under subsection (k) from 135 bush passenger
carriers. Such rates shall be paid to all bush passenger
carriers operating on bush city pair routes in the State of
Alaska where no 121 bush passenger carrier is tendered
nonpriority bypass mail.
``(D) The Secretary shall establish a bush rate based on
data collected under subsection (k) from bush passenger
carriers operating aircraft on city pair routes where only
water landings are available. Such rates shall be paid to all
bush passenger carriers operating on the city pair routes in
the State of Alaska where only water landings are available.
``(7) The percentage rate in paragraph (1) shall be 75
percent beginning 3 years and 3 months after the date of
enactment of the Rural Service Improvement Act of 2002.
``(i)(1) Except as provided under paragraph (7), on a city
pair route in the State of Alaska, the Postal Service shall
offer equitable tender of 20 percent of the nonpriority bypass
mail on such route to those carriers transporting 25 percent or
more of the total nonmail freight (in revenue or weight as
determined by the Postal Service), for the 12 months
immediately preceding the date on which the freight carrier
seeks tender of such mail.
``(2) To remain eligible for equitable tender under this
subsection, a freight carrier shall continue to provide not
less than 25 percent of the nonmail freight service on the city
pair route for which the carrier is seeking tender of such
mail.
``(3) If a new freight carrier enters a market, the freight
carrier shall meet the minimum requirements of subsection
(g)(1) and shall operate for 12 months on a city pair route in
the State of Alaska before being eligible for equitable tender
of nonpriority bypass mail on that route.
``(4) If no carrier qualifies for tender of nonpriority
bypass mail on a city pair route in the State of Alaska under
this subsection, such mail to be divided under this subsection,
as described in paragraph (1), shall be tendered to the nonmail
freight carrier providing the highest percentage of nonmail
freight service (in terms of revenue or weight as determined by
the Postal Service as calculated under paragraph (6)) on the
city pair route. If no nonmail freight carrier is present on a
city pair route in the State of Alaska to receive tender of
nonpriority bypass mail under this paragraph, the nonpriority
bypass mail to be divided under paragraph (1) shall be divided
equitably among carriers qualified under subsection (h).
``(5) Qualification for the tender of mail under this
subsection shall not be counted toward the minimum
qualifications necessary to be tendered nonpriority bypass mail
on any other route.
``(6)(A) In this subsection, the percent of nonmail freight
shall be calculated as a percentage, using the data provided
pursuant to subsection (k), by dividing the revenue or weight
(as determined by the Postal Service) of nonmail freight earned
by or carried by a carrier from the transport of nonmail
freight from an origination point to a destination point by the
total amount of revenue or weight of nonmail freight earned by
or carried by all carriers from the transport of nonmail
freight from the origination point to the destination point.
``(B) To ensure accurate reporting of market share the
Postal Service shall compare the resulting percentage under
subparagraph (A) to the lesser of--
``(i) the amount of the freight excise tax paid by
or on behalf of a carrier, as determined by reviewing
the collected amount of base fares for nonmail freight
actually flown by a carrier from the origination point
to the destination point, divided by the value of the
total nonmail freight excise taxes, as determined by
reviewing the collected amount of base fares paid by or
on behalf of all nonmail freight carriers providing
service from the origination point to the destination
point; or
``(ii) the amount of half of the nonmail freight
excise tax paid by or on behalf of a carrier, as
determined by reviewing the collected amount of base
fares for nonmail freight actually flown by a carrier
on the city pair route, divided by the value of the
total nonmail freight excise taxes, as determined by
reviewing the collected amount of base fares paid by or
on behalf of all nonmail freight carriers providing
service on the city pair route.
``(7) The percentage rate in paragraph (1) shall be 25
percent beginning 3 years and 3 months after the date of
enactment of the Rural Service Improvement Act of 2002.
``(j)(1) Except as provided by paragraph (3), there shall
be equitable tender of 10 percent of the nonpriority bypass
mail to all carriers on each city pair route in the State of
Alaska meeting the requirements of subsection (g)(1) that do
not otherwise qualify for tender under subsection (h) or (i).
``(2) If no carrier qualifies under this subsection with
respect to a city pair route, the 10 percent of nonpriority
bypass mail allocated under paragraph (1) shall be divided
evenly between the pools described under subsections (h) and
(i) to be equitably tendered among qualified carriers under
such subsections, such that--
``(A) the amount of nonpriority bypass mail
available for tender among qualified carriers under
subsection (h) shall be 75 percent; and
``(B) the amount of nonpriority bypass mail
available for tender among qualified carriers under
subsection (i) shall be 25 percent.
``(3)(A) Except as provided by subparagraph (B), the
percentage rate under paragraph (1) shall be 0 percent
beginning 3 years and 3 months after the date of enactment of
the Rural Service Improvement Act of 2002.
``(B) The percentage rate under paragraph (1) shall remain
10 percent for equitable tender for 6 years and 3 months after
the date of enactment of the Rural Service Improvement Act of
2002 for a nonpriority bypass mail carrier on bush routes in
the State of Alaska originating from the main hub of the
carrier designated under subparagraph (C), if the carrier
seeking the tender of such mail--
``(i) meets the requirements of subsection (g)(1);
``(ii) is not qualified under subsection (h) or
(i);
``(iii) operates routes originating from the main
hub of the carrier designated under subparagraph (C);
and
``(iv) has invested at least $500,000 in a physical
hanger facility prior to January 1, 2002 in such a hub
city.
``(C) For purposes of subparagraph (B), a carrier may
designate only one hub city as its main hub and once such
designation is transmitted to the Postal Service it may not be
changed. Such selection and transmission must be transmitted to
the Postal Service within 6 months of the date of enactment of
the Rural Service Improvement Act of 2002. A carrier attempting
to receive tender of nonpriority bypass mail under this
subsection shall not be eligible for such tender after the
carrier becomes qualified for tender of nonpriority bypass mail
under subsection (h) or (i) on any route. The purchase of
another carrier's hanger facility after such date of enactment
shall not be considered sufficient to meet the requirement of
subparagraph (B)(iv).
``(k)(1) At least once every 2 years, in conjunction with
annual updates, the Secretary shall review the need for a bush
mail rate investigation. The Secretary shall use show cause
procedures to speedily and more accurately determine the cost
of providing bush mail service. In determining such rates, the
Secretary shall not take into account the cost of passenger
insurance rates or premiums paid by the passenger carriers or
other costs associated with passenger service.
``(2) In order to ensure sufficient, reliable, and timely
traffic data to meet the requirements of this subsection, the
Secretary shall require--
``(A) the monthly submission of the bush carrier's
data on T-100 diskettes, or any other suitable form of
data collection, as determined by the Secretary; and
``(B) the carriers to retain all books, records,
and other source and summary documentation to support
their reports and to preserve and maintain such
documentation in a manner that readily permits the
audit and examination by representatives of the Postal
Service or the Secretary.
``(3) Documentation under paragraph (2) shall be retained
for 7 years or until the Secretary indicates that the records
may be destroyed. Copies of flight logs for aircraft sold or
disposed of shall be retained.
``(4) Carriers qualified to be tendered nonpriority bypass
mail shall submit to the Secretary the number and type of
aircraft in the carrier's fleet, the level of passenger
insurance covering its fleet, and the name of the insurance
company providing such coverage.
``(5) Not later than 30 days after the last day of each
calendar month, carriers qualified or attempting to be
qualified to be tendered nonpriority bypass mail shall report
to the Secretary the excise taxes paid by city pair to the
Department of the Treasury and the weight of and revenue earned
by the carriage of nonmail freight. Final compiled data shall
be made available to carriers providing service in the hub.
``(l) No qualified carrier may be tendered nonpriority
bypass mail under subsections (h) and (i) simultaneously on a
route unless no other carrier is tendered mail under either
subsection.
``(m)(1) Carriers qualifying for tender of nonpriority
bypass mail under subsections (h) and (i) simultaneously shall
be tendered such mail under subsection (h).
``(2) A carrier shall be tendered nonpriority bypass mail
under subsection (i) if that carrier--
``(A) was qualified under both subsections (h) and
(i) simultaneously; and
``(B) becomes unqualified under subsection (h) but
remains qualified under subsection (i).
``(n)(1) A carrier operation resulting from a merger or
acquisition between any 2 carriers operating between points in
the State of Alaska shall have the passenger and nonmail
freight of all such merged or acquired carriers on the
applicable route counted toward meeting the resulting carrier's
minimum requirements to receive equitable tender of nonpriority
bypass mail on such route for the 12-month period following the
date of the merger or acquisition.
``(2) After the 12-month period described under paragraph
(1), the carrier resulting from the merger or acquisition shall
demonstrate that the carrier meets the minimum passenger or
nonmail freight carriage requirements of this section to
continue receiving tender of such mail.
``(o) In addition to any penalties applied to a carrier by
the Federal Aviation Administration or the Secretary, any
carrier that significantly misstates passenger or nonmail
freight data required to be reported under this section on any
route, in an attempt to qualify for tender of nonpriority
bypass mail, shall receive--
``(1) a 1-month suspension of tender of nonpriority
bypass mail on the route where the data was misstated
for the first offense;
``(2) a 6-month suspension of tender of nonpriority
bypass mail on the route where the data was misstated
for the second offense;
``(3) a 1-year suspension of tender of all
nonpriority bypass mail in the entire State of Alaska
for the third offense in the State; and
``(4) a permanent suspension of tender of all
nonpriority bypass mail in the entire State of Alaska
for the fourth offense in the State.
``(p)(1) The Postal Service or the Secretary, in carrying
out subsection (g)(2), (h), or (i), may deny equitable tender
to an otherwise qualified carrier that does not operate under
this section in good faith or under the intent of this section.
``(2) The Postal Service or the Secretary may waive any
provision of subsection (h) or (i), if the carrier provides
substantial passenger or nonmail freight service on the route
in the State of Alaska where the carrier seeks tender of
nonpriority mail and nonpriority bypass mail.
``(3) To ensure adequate competition among passenger
carriers on a mainline route in the State of Alaska the Postal
Service or the Secretary may waive the requirements of
subsection (g)(1)(D), (g)(2)(E), (g)(4), or (g)(5), or any
provision of subsection (h) if a 121 bush passenger carrier
seeks tender of nonpriority bypass mail on a mainline route in
the State of Alaska not served by a 121 mainline passenger
carrier and the 121 bush passenger carrier provides substantial
passenger service on the route. Waivers provided for under this
paragraph shall be granted only in extreme cases of lack of
competition and only to extent that are absolutely necessary to
meet the minimum needs of the community. Waivers granted under
this subsection shall cease to be valid once a qualified
mainline passenger carrier begins providing service and seeks
tender of nonpriority bypass mail in accordance with this
section on the city pair route. The receipt of waivers and
subsequent operation of service on a city pair route under this
subsection shall not be counted towards meeting the
requirements of any part of this section for any other city
pair route.
``(4) In granting waivers for or denying tender to carriers
under this subsection, the Postal Service or the Secretary
shall consider in the following order of importance--
``(A) the passenger needs of the destination to be
served (including amount and level);
``(B) the nonmail freight needs of the destination
to be served;
``(C) the amount of nonpriority bypass mail service
already available to the destination;
``(D) the mail needs of the destination to be
served;
``(E) the savings to the Postal Service in terms of
payments made to carriers;
``(F) the amount or level of passenger service
already available to the destination; and
``(G) the amount of nonmail freight service already
available to the destination.
``(q) The Secretary shall make a regular review of carriers
receiving, or attempting to qualify to receive, equitable
tender of nonpriority bypass mail on a city pair route in the
State of Alaska. If the Secretary suspends or revokes an
operating certificate, the Secretary shall notify the Postal
Service. Upon such notification, the Postal Service shall cease
tender of mail to such carrier until the Secretary certifies
the carrier is operating in a safe manner. Upon such receipt,
the carrier shall demonstrate that it otherwise meets the
minimum carriage requirements of this section before being
tendered mail under this section.
``(r) The Postal Service shall have the authority to tender
nonpriority bypass mail to any carrier that meets the
requirements of subsection (g)(1) on any city pair route in the
State of Alaska on an emergency basis. Such emergency tender
shall cease when a carrier qualifies for tender on such route
under the terms of this section.
``(s) Notwithstanding any other provision of law, and
except for written contracts authorized under subsections (b),
(c) and (d), tender by the Postal Service of any category of
mail to a carrier for transportation between any two points in
the State of Alaska shall not give rise to any contract between
the Postal Service and a carrier, nor shall any such carrier
acquire any right in continued or future tender of such mail by
virtue of past or present receipt of such mail. This subsection
shall apply to any case commenced before, on, or after the date
of enactment of this subsection.''.
(d) Actions of Air Carriers To Qualify.--Beginning 6 months
after the date of enactment of this Act, if the Secretary
determines, based on the Secretary's findings and
recommendations of the Postal Service, that an air carrier
being tendered nonpriority bush bypass mail is not taking
actions to attempt to qualify as a bush passenger or nonmail
freight carrier under section 5402 of title 39, United States
Code (as amended by this title), the Postal Service shall
immediately cease tender of all nonpriority bypass mail to such
carrier.
(e) Technical and Conforming Amendments.--
(1) Title 39.--Section 5402 of title 39, United
States Code, is amended--
(A) in subsections (b) through (e) (as
redesignated by this title) and subsection (f)
by striking ``Secretary of Transportation''
each place it appears and inserting
``Secretary''; and
(B) in subsection (f)--
(i) by striking ``subsections (a),
(b), and (c)'' and inserting
``subsections (b), (c), and (d)''; and
(ii) by striking ``subsection (d)''
and inserting ``subsection (e)''.
(2) Title 49.--Section 41901(a) of title 49, United
States Code, is amended by striking ``5402(d)'' and
inserting ``5402(e)''.
(f) Reports to Congress.--Not later than 18 months after
the date of enactment of this Act, the Postal Service and the
Secretary of Transportation shall submit a report to the
Committee on Government Reform of the House of Representatives
and the Committee on Governmental Affairs of the Senate on the
progress of implementing this title.
(g) Effective Dates.--
(1) In general.--Except as provided under paragraph
(2), this title (including the amendments made by this
title) shall take effect on the date of enactment of
this Act.
(2) Selection of carriers.--The amendment made by
subsection (c)(5) shall take effect 15 months after the
date of enactment of this Act.
(h) In publishing the Act in slip form and in the United
States Statutes at Large pursuant to section 112, of title 1,
United States Code, the Archivist of the United States shall
include after the date of approval at the end an appendix
setting forth the text of the bill referred to in subsection
(a).
SEC. 3003. AMENDMENTS TO THE ALASKA NATIVE CLAIMS SETTLEMENT ACT.
In subsection (e)(4) of the Alaska Native Claims Settlement
Act created by section 702 of Public Law 107-117--
(1) paragraph (B) is amended by--
(A) striking ``subsection (e)(2)'' and
inserting in lieu thereof ``subsections (e)(1)
or (e)(2)''; and
(B) striking ``obligations under section 7
of P.L. 87-305'' and inserting in lieu thereof
``small or small disadvantaged business
subcontracting goals under section 502 of P.L.
100-656, provided that where lower tier
subcontractors exist, the entity shall
designate the appropriate contractor or
contractors to receive such credit''; and
(2) paragraph (C) is amended by striking
``subsection (e)(2)'' and inserting ``subsection (e)(1)
or (e)(2)''.
This Act may be cited as the ``2002 Supplemental
Appropriations Act for Further Recovery From and Response To
Terrorist Attacks on the United States''.
And the Senate agree to the same.
C.W. Bill Young,
Ralph Regula,
Jerry Lewis,
Harold Rogers,
Joe Skeen,
Frank R. Wolf,
Sonny Callahan,
James T. Walsh,
Charles H. Taylor,
David L. Hobson,
Ernest J. Istook,
Henry Bonilla,
Joe Knollenberg,
David R. Obey,
John P. Murtha,
Norman D. Dicks,
Martin Olav Sabo,
Steny H. Hoyer,
Alan B. Mollohan,
Marcy Kaptur,
Peter J. Visclosky,
Nita M. Lowey,
Jose E. Serrano,
John W. Olver,
Managers on the Part of the House.
Robert C. Byrd,
Daniel K. Inouye,
Ernest F. Hollings,
Patrick J. Leahy,
Tom Harkin,
Barbara A. Mikulski,
Harry Reid,
Herb Kohl,
Patty Murray,
Byron L. Dorgan,
Dianne Feinstein,
Richard J. Durbin,
Tim Johnson,
Mary L. Landrieu,
Jack Reed,
Ted Stevens,
Thad Cochran,
Pete V. Domenici,
Christopher S. Bond,
Mitch McConnell,
Conrad Burns,
Richard C. Shelby,
Judd Gregg,
Robert F. Bennett,
Ben Nighthorse Campbell,
Larry Craig,
Kay Bailey Hutchison,
Mike DeWine,
Managers on the Part of the Senate.
JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE
The managers on the part of the House and the Senate at
the conference on the disagreeing votes of the two Houses on
the amendments of the Senate to the bill (H.R. 4775) making
supplemental appropriations for further recovery from and
response to terrorist attacks on the United States for the
fiscal year ending September 30, 2002, and for other purposes,
submit the following joint statements to the House and the
Senate in explanation of the effects of the action agreed upon
by the managers and recommended in the accompanying conference
report.
Report language included by the House in the report
accompanying H.R. 4775 (H. Rept. 107-480) which is not changed
by the Senate in the report accompanying S. 2551 (S. Rept. 107-
156), and Senate Report language which is not changed by the
conference are approved by the committee of conference. The
statement of the managers, while repeating some report
languages emphasis, is not intended to negate the language
referred to above unless expressly provided herein.
TITLE I--SUPPLEMENTAL APPROPRIATIONS
CHAPTER 1
DEPARTMENT OF AGRICULTURE
Office of the Secretary
The conference agreement provides an additional
$18,000,000 for the Office of the Secretary, as proposed by the
Senate, with a contingent emergency designation. The House bill
did not include funding for this account.
Agricultural Research Service
SALARIES AND EXPENSES
The conference agreement provides an additional
$8,000,000 for the Agricultural Research Service, instead of
$16,000,000 as proposed by the Senate, with a contingent
emergency designation. The funds shall be used as follows:
$2,000,000 for transmissible spongiform encephalopathy,
including chronic wasting disease; $3,000,000 for plant genome
sequencing; and $3,000,000 for cattle genome sequencing. The
House bill did not include funding for this account.
BUILDINGS AND FACILITIES
The conference agreement provides an additional
$25,000,000 for the ARS Buildings and Facilities account
instead of $50,000,000 as proposed by the Senate, without an
emergency designation. The House bill did not include funding
for this account. The conference agreement provides funding for
continued facility consolidation and modernization at Ames,
Iowa.
Cooperative State Research, Education, and Extension Service
EXTENSION ACTIVITIES
The conference agreement provides an additional
$6,000,000 appropriation for the Cooperative State Research,
Education, and Extension Service for one-time costs, instead of
$16,000,000 as proposed by the Senate, with a contingent
emergency designation. The House bill did not include funding
for this account.
Animal and Plant Health Inspection Service
SALARIES AND EXPENSES
The conference agreement provides an additional
appropriation of $33,000,000 for the Animal and Plant Health
Inspection Service for one-time costs, instead of $10,000,000
as proposed by the House and $60,000,000 as proposed by the
Senate, with a contingent emergency designation. The conferees
direct that these funds be used as follows: $15,000,000 for
cooperative agreements with States to prevent and control
transmissible spongiform encephalopathy, including chronic
wasting disease and scrapie, in farmed and free-ranging
animals; $10,000,000 for emergency preparedness; $4,000,000 for
physical and operational security; and $4,000,000 for equipment
needs and smuggling interdiction.
Food Safety and Inspection Service
The conference agreement provides an additional
$13,000,000 for FSIS, instead of $15,000,000 as proposed by the
Senate, and $2,000,000 as proposed by the House, with a
contingent emergency designation. The conferees direct that the
funds be used for non-recurring costs associated with the
import information system and enhanced international oversight
activities. The conferees expect that sufficient funds, up to
$10,750,000, be directed toward the purchase of information
technology system equipment and services so that FSIS can
better communicate with other agencies to identify entry and
assess risk of imported products.
Natural Resources Conservation Service
WATERSHED AND FLOOD PREVENTION OPERATIONS
The conference agreement provides an additional
$144,000,000 for Watershed and Flood Prevention Operations, of
which $50,000,000 is designated as a contingent emergency,
instead of $100,000,000, of which $27,000,000 is designated as
an emergency, as proposed by the Senate. The House bill did not
include funding for this account. The conferees direct that
these funds be used for recovery activities related to
disasters that have been identified with priority given to
those events occurring in fiscal year 2002.
Rural Development
RURAL COMMUNITY ADVANCEMENT PROGRAM
The conference agreement provides an additional
$20,000,000 for the Rural Community Advancement Program,
instead of $25,000,000 as proposed by the Senate, with a
contingent emergency designation. The House bill did not
include funding for this account.
Rural Utilities Service
LOCAL TELEVISION LOAN GUARANTEE PROGRAM ACCOUNT
(INCLUDING RESCISSION)
The conference agreement provides a rescission of
$20,000,000 for the Local Television Loan Guarantee Program as
proposed by the Senate. The House bill did not include this
rescission.
The conference agreement provides an additional
$8,000,000 for the Local Television Loan Guarantee Program
account, instead of $20,000,000 as proposed by the Senate,
without an emergency designation. The House bill did not
include funding for this account.
Food and Nutrition Service
SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND CHILDREN
(WIC)
The conference agreement provides an additional
$75,000,000 for the Women, Infants, and Children Program (WIC),
to remain available until September 30, 2003, without an
emergency designation. These funds are provided to finance
rising participation and other increased costs. These funds are
to be distributed in the manner and formula that the Secretary
deems necessary to respond to caseload requirements,
notwithstanding section 17(i) of the Child Nutrition Act of
1966, as amended. The conferees direct that these funds be made
available to the States for identified needs as quickly as
possible. Further, the conferees request a report from the
Secretary within 60 days of enactment, describing the process
and formula by which these funds were distributed.
FOOD STAMP PROGRAM
(RESCISSION)
The conference agreement rescinds $24,000,000, instead of
$33,000,000 as proposed by the Senate. The House bill did not
include a rescission for this account.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
SALARIES AND EXPENSES
The conference agreement provides $17,000,000, to remain
available until expended, for Food and Drug Administration,
Salaries and Expenses, instead of $18,000,000 as proposed by
the House, with a contingent emergency designation. The Senate
bill did not include funding for this account. The conference
agreement provides for non-recurring costs related to safety
activities in the area of medical devices and radiological
health, as a consequence of the events of September 11, 2001,
such as further work on safety standards for radiation
scanners, development and marketing of decontamination devices
and enhanced review of imported medical devices. In addition,
the conferees note that the Public Health Security and
Bioterrorism Preparedness and Response Act of 2002, Public Law
107-188, enacted on June 12, 2002, imposes new requirements on
the FDA to protect our Nation's food and drug supplies. The
conferees direct that the funds provided in this Act be
additional available for non-recurring costs related to those
responsibilities.
GENERAL PROVISIONS--THIS CHAPTER
House Section 101.--The conference agreement includes a
limitation (Section 101) of $33,000,000 for the Export
Enhancement Program in fiscal year 2002, instead of a
limitation of $28,000,000 as proposed by the House. The Senate
bill did not include this limitation.
Senate Section 101.--The conference agreement includes
$10,000,000 (Section 102) as proposed by the Senate, without an
emergency designation, for agriculture assistance to producers
along the Rio Grande who have suffered economic losses during
the 2001 crop year due to the failure of Mexico to deliver
water to the United States in accordance with water utilization
treaties. The House bill contained no similar provision.
Senate Section 102.--The conference agreement includes a
provision (Section 103) that the Secretary shall carry out the
transfer of $200,000,000 under section 2507(a) of the Food
Security and Rural Investment Act of 2002 (P.L. 107-171) not
later than 14 days after the enactment of this Act, as proposed
by the Senate. The House bill contained no similar provision.
Senate Section 103.--The conference agreement does not
include Sense of the Senate language regarding compensation for
losses related to avian influenza. The conferees are aware of
substantial losses to poultry producers in Virginia, West
Virginia, and other states due to the spread of this disease;
that these outbreaks are having a detrimental effect on U.S.
trade; and that elimination of entire flocks, regardless of
pathogen level, is necessary in many cases for disease
containment. The conferees expect the Secretary to
expeditiously use resources of the Commodity Credit Corporation
to compensate producers for losses related to avian influenza
and to promote the timely containment of this disease. The
House bill contained no similar provision.
Senate Section 104.--The conference agreement does not
include Sense of the Senate language regarding the use of
surplus non-fat dry milk for assistance in areas suffering from
HIV/AIDS. The conferees are aware that more than 1 billion
pounds of non-fat dry milk are currently in Commodity Credit
Corporation (CCC) inventory, for which storage costs are
accruing. The conferees also note the human suffering in many
nations resulting from the spread of HIV/AIDS and strongly
encourage the Secretary to utilize CCC surplus commodities,
including non-fat dry milk, to support programs that provide
relief to those suffering from this disease, and for other
humanitarian purposes. The House bill contained no similar
provision.
Senate Section 105.--The conference agreement includes a
provision (Section 104) that rescinds, prior to the end of
fiscal year 2002, and reappropriates funds made available under
section 2108(a) of P.L. 107-20, instead of a Senate provision
that rescinds these funds upon the enactment of this Act. The
House bill contained no similar provision.
Senate Section 106.--The conference agreement includes a
provision (Section 105) as proposed by the Senate, that allows
monetized commodities to be used to carry out the purposes of
section 416(b)(7)(D)(iv) of the Agricultural Act of 1949. The
House bill contained no similar provision.
Senate Section 107.--The conference agreement includes a
provision (Section 106) that allows the Secretary of
Agriculture to use an amount not to exceed $12,000,000 from
amounts previously appropriated to the Food Safety and
Inspection Service under P.L. 106-387 to liquidate over-
obligation and over-expenditures of the Food Safety and
Inspection Service incurred during previous fiscal years. The
House bill contained no similar provision.
CHAPTER 2
DEPARTMENT OF JUSTICE
General Administration
SALARIES AND EXPENSES
The conference agreement includes $6,750,000 for General
Administration, of which $1,000,000 is provided as a contingent
emergency requirement. Of the total amount, $5,750,000 is for
continued implementation of IDENT/IAFIS fingerprint systems.
The Justice Department is directed to continue to provide
updates to the Committees on Appropriations as requested
regarding the progress of this initiative. The conferees
believe that the Department has provided sound oversight of
this system, which will link the Federal Bureau of
Investigation (FBI) and Immigration and Naturalization Service
(INS) fingerprint databases. The conferees believe that this
same integrated oversight should be applied to the development
of the INS Entry Exit program and the ``Chimera'' system, which
will improve data management and information technology
infrastructure.
The conferees are very concerned that the cost estimates
for the Entry Exit System continue to change, that the uses for
which funding is requested continue to change, and that the
Department of Justice and the Administration have not yet
articulated to the Congress the policies that this proposed new
system would support. Better planning and interagency
coordination will be necessary to create an effective Entry
Exit system that will alert Federal law enforcement when would-
be terrorists try to gain entry to or leave the U.S. The
recommendation includes $1,000,000 for the Entry Exit System,
as proposed in the House bill, to be managed by the Justice
Management Division (JMD). This funding, together with
$13,300,000 provided to the INS in P.L. 107-117, shall be used
by JMD to continue efforts to plan the Entry Exit System. The
Department is directed to consult with the Committees on
Appropriations prior to obligating these funds to ensure that
this system links existing law enforcement and intelligence
databases and takes advantage of existing infrastructure and
programs already in operation at ports of entry, such as the
Dedicated Commuter Lanes program. JMD should also seek input
from the appropriate Executive Branch agencies to coordinate
with other law enforcement, border security, and intelligence
community information systems. Further, given the importance of
and uncertain total resource requirements of this program, the
Conferees will request that the General Accounting Office
provide oversight and input to JMD regarding every aspect of
program development, including information technology plans,
infrastructure needs, and staffing.
The conference agreement also includes language that
funds shall derived from the Working Capital Fund to develop a
plan regarding the INS ``Chimera'' system for review by the
Committees on Appropriations, as directed in the Senate report.
This project shall also be managed by JMD. The conference
agreement also adopts Senate direction regarding a briefing on
lessons learned on the implementation of the Trilogy program.
Centralizing the management and implementation of these systems
will ensure that they will be interoperable and accessible by
other relevant Federal agencies.
Serious concerns remain regarding how counterterrorism
activities are coordinated within the Justice Department. In
recent months, Justice has expanded the number of Joint
Terrorism Task Forces, and created the National Security
Coordinating Council, Regional Terrorist Task Forces, Anti-
Terrorism Task Forces and the Foreign Terrorist Tracking Task
Force. However, Justice has not successfully articulated how
these effort enhance existing counterterrorism activities or
improve coordination among Federal, State and local agencies.
The Deputy Attorney General (DAG), as the chair of the
National Security Coordination Council, has been designated as
the lead official coordinating the Justice Department's
activities relating to combating domestic terrorism. The DAG is
directed to submit to the Committees on Appropriations a
strategic plan for a coordinated Justice Department effort in
this regard. Further, the DAG is directed to submit a detailed
Justice Department counterterrorism budget summary by program
no later than 90 days after the enactment of this bill and
simultaneously with the President's annual budget request
thereafter. The DAG is also directed to report quarterly on
actual expenditures pursuant to the plan. The budget summary
and expenditure report should begin with the fourth quarter of
fiscal year 2002.
The conference agreement does not include the Senate
language creating Principal Associate Deputy Attorney General
for Combating Terrorism.
Legal Activities
SALARIES AND EXPENSES, UNITED STATES ATTORNEYS
(RESCISSION)
The conference agreement includes a rescission of
$7,000,000 from the unobligated balances available in the
``Salaries and Expenses, United States Attorneys'' account
provided in P.L. 107-77.
SALARIES AND EXPENSES, UNITED STATES MARSHALS SERVICE
The conference agreement includes $37,900,000 for the
U.S.Marshals Service to address increased security requirements
associated with terrorist and other high threat trials. The
conferees direct the U.S. Marshals Service to submit a spending
plan for these funds by August 15, 2002.
Federal Prisoner Detention
(RESCISSION)
The conference agreement includes a rescission of
$30,000,000 from available unobligated balances in the Federal
Prisoner Detention account.
Assets Forfeiture Fund
(RESCISSION)
The conference agreement includes a rescission of
$5,000,000 from the Assets Forfeiture Fund Super Surplus.
Federal Bureau Of Investigation
SALARIES AND EXPENSES
The conference agreement includes $175,000,000 for the
Federal Bureau of Investigation (FBI) ``Salaries and Expenses''
account, including $165,000,000 as a contingent emergency
requirement.
Of the total amount, $12,500,000 is provided for
additional cybercrime, counterterrorism, and
counterintelligence analytical support staff. This increase
will ensure that there are more support staff to analyze the
large volume of information that FBI agents are collecting as
part of their terrorism investigations. The conference
agreement also includes $20,000,000 for the Drug Enforcement
Administration's (DEA) Special Operations Division, to be
transferred expeditiously from the FBI to the DEA in accordance
with the previously established MOU; $10,000,000 for the
Foreign Terrorist Tracking Task Force; and $2,000,000 for
language translation services.
The conferees remain concerned with the FBI's information
technology infrastructure. A robust information technology
infrastructure is essential to the FBI's ability to securely
manage complex investigations; combat terrorism and cybercrime;
and collect and disseminate intelligence. Therefore, the
conference agreement includes funds about the request to speed
implementation of information technology enhancements. Funding
includes $8,000,000 for Trilogy contractor support; $40,121,000
for investigative data warehousing; $18,435,000 for information
assurance; $7,500,000 for collaborative capabilities;
$7,500,000 for FBI HQ continuity of operations; $8,000,000 for
digital storage and retrieval of documents related to
counterterrorism investigations; $6,444,000 for mainframe
upgrades; $4,000,000 for data mining and visualization; and
$19,400,000 for the National Infrastructure Protection Center
Special Technologies and Applications Unit. The FBI shall brief
the Committees on Appropriations prior to obligation of these
funds to ensure that these information technology investments
are integrated with activities of the Joint Terrorism Task
Forces, the Foreign Terrorist Tracking Task Force, Trilogy, and
the FBI's Information Assurance Program.
The conference agreement also provides, as directed in
the Senate report, $8,000,000 for white collar crime squads and
$3,100,000 for Computer Analysis and Response Team equipment.
This funding will provide the FBI with technical resources to
combat corporate corruption and the growing threat of cyber
crime.
In addition, the conferees direct the FBI to use
$44,713,000 expected to be carried over from funds provided in
P.L. 107-117 to establish additional Legal Attache offices and
provide for information infrastructure enhancements for Legal
Attache offices. The FBI shall submit to the Committees a list
of proposed new Legal Attache offices no later than August 16,
2002. As directed in the Senate report, this list should also
include a review of and sight-sizing proposal for existing
offices to ensure that resources are deployed to the highest
priority locations. The proposal should be coordinated with the
State Department and other relevant Federal agencies, such as
the National Security Council, to ensure that FBI plans and
activities are consistent with other diplomatic and foreign
policy overseas presence priorities.
Immigration and Naturalization Service
SALARIES AND EXPENSES
ENFORCEMENT AND BORDER AFFAIRS
The conference agreement includes $81,250,000 for the
Immigration and Naturalization Service ``Salaries and
Expenses'' account, including $46,250,000 as a contingent
emergency requirement. The conferees are concerned that INS and
Department of Justice management have not provided effective
oversight to ensure that the User Fee account remains solvent,
and are therefore providing a one-time appropriation of
$25,000,000 to ensure that sufficient staff are hired and
information technology enhancements are provided as directed in
the fiscal year 2002 Appropriations Act. To support the INS
homeland security mission with regard to enforcing deportation
orders, $25,000,000 is provided for the Absconder Initiative.
To address chronic vehicle shortfalls, $25,000,000 is provided
for fleet management. The conferees note that the Congress
provides base funding every year to the INS for both new and
replacement vehicles, and the INS is expected to use these
appropriations for both new and replacement vehicles instead of
redirecting these resources to other areas. The conferees
direct the INS to submit a spending plan prior to obligating
any of the funding provided under this heading.
To improve retention of Border Patrol Agents and
Immigration Inspectors, the conference agreement includes
$6,250,000 for pay upgrades for Border Patrol Agents and
Immigration Inspectors for the remainder of fiscal year 2002.
The conferees are concerned that the Administration has failed
to address law enforcement pay equity issues in a comprehensive
manner, and expects it to develop and quickly implement an
equitable pay scale to ensure fair compensation for the
Nation's Federal law enforcement officers.
CONSTRUCTION
The conference agreement includes $32,100,000 as a
contingent emergency requirement for the Immigration and
Naturalization Service ``Construction'' account, to remain
available until expended. The INS is directed to submit a
proposed allocation to the Committees prior to obligating any
of this funding.
Federal Prison System
BUILDINGS AND FACILITIES
(RESCISSION)
The conference agreement includes a rescission of
$5,000,000 from the unobligated balances available in the
``Federal Prison System, Buildings and Facilities'' account.
Office of Justice Programs
JUSTICE ASSISTANCE
(INCLUDING RESCISSION)
The conference agreement includes $151,300,000 as a
contingent emergency requirement for equipment, training and
exercises for State and local first responders as authorized by
the USA PATRIOT Act. Since fiscal year 1998, this program has
provided funding and support to all types of first responders,
including fire, emergency medical services, hazardous material
response, and law enforcement. The following table outlines the
funding provided in the conference agreement:
Equipment............................................... $95,000,000
Prepositioned Equipment............................. (20,000,000)
Electronic Dissemination of Terrorist Threat
Information....................................... (10,000,000)
Equipment Formula Grants............................ (65,000,000)
Security Clearances..................................... 1,300,000
Training................................................ 41,000,000
Exercises............................................... 14,000,000
--------------------------------------------------------
____________________________________________________
Total............................................. 151,300,000
Prepositioned Equipment.--The conference agreement
includes $20,000,000 for prepositioned equipment and adopts, by
reference, the Senate report language on this matter.
Electronic Dissemination of Terrorist Threat
Information.--The conference agreement includes $10,000,000 to
enhance the Department's electronic dissemination of terrorism-
related threat information to State and local communities as
proposed in the House bill. The conferees direct the Office of
the Deputy Attorney General, in coordination with the
Department's Chief Information Officer, the Federal Bureau of
Investigation and the Office of Justice Programs, to report to
the Committees on Appropriations by September 1, 2002,
outlining the Department's efforts to ensure State and local
communities are properly informed. The report shall include:
(1) a spending plan for the $10,000,000 provided by this Act;
(2) a description of the funding used to operate each of the
electronic systems the Department uses to communicate with
State and local communities, including but not limited to RISS,
LEO, NLETS, the Emergency Fire Services Information Sharing and
Analysis Center, the Southwest Border Anti-Drug Information
System, the National Sheriffs Association's multi-State
information sharing system, and the Real-time Analytical
Intelligence Database; (3) a description of how the
Department's various communication systems interact to ensure
information in each system is up to date and accurate; (4) a
description of the Department's plans to eliminate or
consolidate systems while making them all interoperable; (5) a
description of the future year costs of the Department's
communication systems; (6) a description of how the Department
communicates with local officials that are not connected to at
least one of the Department's various systems; (7) a
description of the FBI's National Intel Share Project and how
this project will utilize RISS, LEO and other systems; (8) a
description of whether its necessary for State and local
communities to develop their own information systems; and (9) a
description how the Department will work with State and local
governments that have developed local information sharing
systems to ensure they are interoperable with the Department's
information systems.
Equipment Formula Grants.--The conference agreement
includes $65,000,000 for equipment grants and adopts, by
reference, language in the Senate report regarding the
refinement of the Office of Domestic Preparedness' grant making
process to expedite and facilitate the delivery of funds and
services. The conferees also adopt, by reference, language in
the Senate report regarding matching requirements.
The conferees adopt, by reference, language in the Senate
report requiring the IAB to submit a report regarding equipment
standards, and language in the House report regarding State and
local coordination in the development and implementation of
Statewide strategic plans.
Security Clearance.--The conference agreement includes
$1,300,000 for security clearances for State and local first
responders as described in the Senate report.
Training.--The conference agreement includes $41,000,000
for first responder training, including $5,000,000 for the
development of standards as described in the House report and
$36,000,000 to establish a competitive discretionary training
grant program.
The conferees recognize the critical need for State and
local first responders to receive training to counter weapons
of mass destruction (WMD) and terrorism threats. This new
competitive discretionary grant program is to be designed and
implemented by the Office of Domestic Preparedness (ODP). The
conferees direct ODP to develop and submit proposed guidelines
for the program to the Committees on Appropriations no later
than 45 days after enactment of this Act. The conferees expect
that these proposed guidelines should at a minimum allow State
and local agencies, non-profit organizations, and universities
to be eligible for grants, including former and current ODP
grant recipients. The conferees expect the grant approval
process to include a review of training curricula and materials
to ensure that grantees are using the latest WMD and
counterterrorism training techniques. ODP will need adequate
resources to implement this new program, therefore the
conferees direct that the current hiring freeze be lifted and
the Office be fully staffed within available resources.
The conferees adopt, by reference, language in the Senate
report regarding a report on the coordination of Federal
training. The conferees expect the report to be submitted no
later than January 31, 2002.
Exercise.--The conference agreement includes $14,000,000
for exercises, including $4,000,000 for TOPOFF II as proposed
in the Senate report.
CapWIN.--The Federal government is the largest single
employer in the Washington D.C. metro area and the conferees
are committed to the safety of Federalemployees. The conferees
are concerned that in the event of another terrorist attack in the
Washington, DC area the Executive Branch should have a communications
system in place that will inform all of the Federal agencies in the
metropolitan area of threat and public health information along with
evacuation procedures.
Public Law 107-117 provided $20,000,000 for the Capitol
Wireless Integrated Network (CapWIN). This system will
integrate law enforcement, fire, emergency medical,
transportation, and hazmat information from Maryland, Virginia,
the District of Columbia, and certain Federal agencies. This
system will ensure that responders from various jurisdictions
are able to communicate in the field and through the use of
mobile computing will also greatly enhance the amount of
information available to all types of responders both in the
field and at emergency operations centers.
The conferees direct the Office of Justice Programs, in
consultation with the Office of Personnel Management (OPM) and
the General Services Administration, to evaluate whether CapWIN
can be expanded to include Federal agencies located in the
Washington, DC metro area to ensure that in the even of a
terrorist attack Federal agencies are able to maintain
communications with Executive Branch leaders. The conferees
believe the expansion of CapWIN to Federal agencies will
enhance agencies' abilities to share electronic information.
The conferees understand that, once developed, CapWIN should
not require a significant investment of resources for Federal
agencies to access. it.
The conferees direct the Department of Justice, in
consultation with the OPM, to submit a report to the Committee
on Appropriations, no later than December 1, 2002, on the
status of expanding CapWIN to Federal agencies within the
Washington, DC metro area. The report shall include an
implementation plan, including funding required and procedures
for use of the system in the event of a terrorist attack. The
report should also include alternatives, if the expansion of
CapWIN is not the appropriate solution to allow Federal
agencies to communicate in a crisis situation.
The conference agreement rescinds $600,000 from funds
available to the Office of the Assistant Attorney General for
Office of Justice Programs, $1,400,000 less than the rescission
proposed in the Senate bill. The conference agreement does not
include the $2,000,000 rescission proposed in the Senate bill
from funds available to the Office of Congressional and Public
Affairs.
CRIME VICTIMS FUND
The conference agreement adopts, by reference, language
in the House report under this heading.
COMMUNITY ORIENTED POLICING SERVICES
The conference agreement includes $50,000,000 as a
contingent emergency requirement for a new Office of Community
Oriented Policing Services (COPS) Interoperable Communications
Technology program, to be designed and implemented by the COPS
Office, in consultation with the Office of Science and
Technology (OS&T) of the National Institute of Justice, and the
Bureau of Justice Assistance (BJA). The conferees seek to
utilize the expertise of all three organizations so as to
create a grant program that is highly responsive to the
immediate needs of the State and local law enforcement
community and that takes full advantage of the expertise and
lessons learned from OS&T and BJA research and development in
the field of interoperable law enforcement communications,
particularly project AGILE. In addition, the conferees are
aware that the Office of Domestic Preparedness and the National
Institute of Standards and Technology (NIST) have significant
experience in law enforcement communications, and recommend
that the COPS Office seek guidance from these agencies when
designing and implementing this program.
This program should address the critical need of law
enforcement to improve cross-jurisdictional communication and
information sharing. The conferees direct the COPS Office to
develop and submit proposed guidelines for the program to the
Committees on Appropriations no later than 45 days after
enactment of this Act. Consistent with the COPS Office's
existing grant programs, the COPS Interoperable Communications
Technology program should include a 25 percent local match
requirement. The conferees are aware that the Federal Emergency
Management Administration (FEMA) has a similar program designed
for Fire Departments and EMS and therefore COPS should consult
with FEMA to ensure that these programs are providing
compatible communications equipment that will allow
interoperability among all first responders in a given
jurisdiction. The conferees urge that grants under these
programs be used, whenever possible, to purchase cost effective
cross band repeaters or other frequency or band patching
solutions to allow agencies to make existing communications
systems interoperable. Because of the complexities associated
with these systems, the conferees provide $3,00,000, within
available amounts, to be transferred to the Bureau of Justice
Assistance to provide technical assistance, utilizing OS&T's
expertise, to grantees regarding the implementation of the
equipment.
The conferees understand and support the need for minimum
standards for law enforcement communications technology.
Therefore, OS&T should assist the COPS Office in incorporating
existing minimum standards into the formulation of this grant
program. The conferees also provide, within available amounts,
$5,000,000 to be transferred to NIST to continue the efforts of
the Office of Law Enforcement Standards (OLES) regarding the
development of a comprehensive suite of minimum standards for
law enforcement communications.
The conferees direct that the current hiring freeze in
the COPS Office be lifted and the Office be fully staffed
within available resources to support the implementation of
this new program. In addition, the conferees are aware that a
number of cross band repeaters have been distributed by the
Federal government to local jurisdictions throughout the United
States. The conferees direct that NIJ provide an inventory no
later than January 1, 2003, regarding the locations of all of
these systems.
DEPARTMENT OF COMMERCE AND RELATED AGENCIES
RELATED AGENCIES
Office of the United States Trade Representatives
SALARIES AND EXPENSES
The conference agreement includes $1,100,000 as a
contingent emergency appropriation for increased security
costs.
DEPARTMENT OF COMMERCE
Bureau of the Census
PERIODIC CENSUSES AND PROGRAMS
(RESCISSION)
The conference agreement includes a rescission of
$11,300,000 from amounts made available under this heading in
prior fiscal years, except funds designated for the Suitland
Federal Center.
National Institute of Standards and Technology
SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES
The conference agreement includes $37,100,000 under this
heading, of which $33,100,000 is provided as a contingent
emergency requirement. Of the total amount provided,
$20,000,000 is included to further develop the overall Federal
Government information technology (IT) security framework,
including baseline minimum IT security benchmarks or criteria.
No funding is provided to develop technology-specific
requirements for the use of specific hardware or software or to
develop cyber-security technologies that may compete against
those developed by industry.
In addition, $2,000,000 is included to strengthen
security and surveillance at the NIST neutron reactor,
$1,000,000 is provided for the development of standards for the
accuracy of biometric identification systems as authorized by
Public Law 107-56 and Public Law 107-173, $4,000,000 is
provided for standards, technology and practices for buildings
and emergency responders to develop and implement cost-
effective safety and security for buildings, and $10,100,000 is
included for standards development for chemical/biological/
nuclear/radioactive explosive threat detection equipment and
biomedical recognition equipment to support homeland security
activities.
National Oceanic and atmospheric Administration
OPERATIONS, RESEARCH, AND FACILITIES
(INCLUDING RESCISSION)
The conference agreement includes $4,800,000 in this
account, including $2,800,000 as a contingent emergency
requirement. Of the total amount provided, $2,800,000 is for
critical satellite products and services under the National
Environmental Satellite Data Information Service and $2,000,000
is for critical mapping and charting backlog requirements
redirected from New York, Virginia, and Alaska as a result of
the September 11th attacks.
The conference agreement includes, by reference, language
in the House report regarding tornadoes.
The conference agreement also includes a rescission of
$8,100,000 from unobligated balances remaining under this
heading provided by Section 817 of Public Law 106-78.
PROCUREMENT, ACQUISITION AND CONSTRUCTION
The conference agreement includes $7,200,000 as a
contingent emergency requirement for a supercomputer backup
capability for the National Weather Service.
FISHERIES FINANCE PROGRAM ACCOUNT
The conference agreement includes language relating to
loan program levels under the fisheries finance program.
Departmental Management
SALARIES AND EXPENSES
The conference agreement includes $400,000 as an
emergency requirement for increased guard and protection
services, as requested.
The Judiciary
Supreme Court of the United States
CARE OF THE BUILDING AND GROUNDS
The conference agreement includes $10,000,000 as an
emergency requirement to address the Supreme Court buildings's
perimeter security needs. The conferees direct the Architect of
the Capitol to submit a spending plan for this funding no later
than September 15, 2002. The conferees adopt, by reference,
language in the House report regarding the coordination of the
Court's security efforts with other security enhancements being
implemented in the U.S. Capitol complex.
United States Court of Appeals for the Federal Circuit
SALARIES AND EXPENSES
The conference agreement adopts, by reference, language
in the House report under this heading. The required report
should be submitted no later than September 1, 2002.
Courts of Appeals, District Courts, and Other Judicial Services
SALARIES AND EXPENSES
The conference agreement includes $7,115,000, including
$3,972,000 as a contingent emergency requirement, for the
increased costs associated with terrorist-related trials. Of
the total amount provided, $5,200,000 is for perimeter security
enhancements such as protective window film, for courts with
upcoming terrorist trials, as described in the House and Senate
reports. In addition, $1,915,000 is provided to fund the costs
associated with closed circuit transmission of the Moussaoui
trial to victims of the September 11th attacks. The conferees
adopt, by reference, language in the Senate report regarding a
report on the court security radio conversion program.
Courtroom Technologies.--The conferees support the
Federal Judiciary and Department of Justice courtroom
technologies programs. The Federal Judiciary's courtroom
technology program includes the installation of video evidence
presentation systems, video conferencing systems, and
electronic methods of taking the record in new and existing
Federal courtrooms, as well as the procurement of portable
suites of computers and audio/visual equipment for use in
courtrooms without permanent equipment. The conferees
understand that these technologies can reduce trial time, lower
litigation costs and enhance the understanding of information.
The conferees also understand that Department of Justice
attorneys have developed a similar low cost, portable suite of
computers and audio/visual equipment for the courtroom that
enhances the presentation of information to juries on complex
issues such as how a cyber attack is launched.
The conferees direct the Administrative Office of the
U.S. Courts and the Executive Office of United States Attorneys
(EOUSA) to provide a report to the Committees on their plans to
expand the use of courtroom technologies in Federal courtrooms.
The report should describe the courts' plans to expand
installation of courtroom technologies in new and existing
courtrooms and to use of portable courtroom technologies. The
report should compare the costs and benefits of each program.
The report should also describe how the Federal Judiciary and
the EOUSA are coordinating their programs to ensure that
duplicative equipment is not purchased. The conferees expect
the report to be submitted no later than September 1, 2002.
DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
Administration of Foreign Affairs
DIPLOMATIC AND CONSULAR PROGRAMS
The conference agreement includes $47,450,000 in this
account as an emergency appropriation. This amount includes
$20,300,000 for costs of opening and securing diplomatic posts
in Kabul, Afghanistan, and Dushanbe, Tajikistan. The conferees
direct the Department to submit bimonthly reports on the
planned and actual obligation and expenditure of this funding
through completion of the projects.
The conference agreement also includes $1,000,000 for
domestic preparedness needs, $3,000,000 for chemical/biological
emergency supplies, $1,600,000 for increased domestic guard
requirements, $550,000 for immunization requirements, and
$11,000,000 for mail and pouch processing requirements. The
conferees note that $10,000,000 was provided for security
upgrades of mail and pouch facilities in Public Law 107-38.
Should additional funding beyond the total of $21,000,000 be
required for this purpose, the conferees expect the Department
to submit a reprogramming from funding provided for other
purposes.
The conference agreement also includes in this chapter a
public diplomacy initiative to engage foreign Arab and Muslim
publics totaling $40,100,000, including $10,000,000 under this
account. The conference agreement includes, by reference,
language in the Senate report regarding the American Corners
initiative. Funding is included under this account, as follows,
for public diplomacy programs and activities:
Broadcast Rights........................................ $1,150,000
Crimes Against Humanity Programs........................ 1,000,000
Regional Office--Cairo.................................. 1,500,000
Iran-Iraq Programs...................................... 1,000,000
Translations............................................ 150,000
Democratization......................................... 1,050,000
English Teaching Support................................ 2,550,000
Educational Reform (Gulf & S Asia)...................... 500,000
American Studies (NEA region)........................... 600,000
Educational Reform Small Grants......................... 500,000
--------------------------------------------------------
____________________________________________________
Total............................................. 10,000,000
EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS
The conference agreement includes $15,000,000, including
$5,000,000 as a contingent emergency requirement, for a public
diplomacy exchange initiative for foreign Arab and Muslim
publics. This initiative includes funding, as follows, for
educational and cultural exchange themes and programs to
increase mutual understanding with Arab and Muslim audiences
worldwide:
Values/Religious Tolerance.............................. $2,100,000
English Language Programs............................... 4,000,000
American Studies........................................ 1,000,000
Youth Exchanges......................................... 1,000,000
Media Training Exchanges................................ 500,000
US/Afghan Women's Council............................... 2,400,000
Fulbright Exchanges..................................... 4,000,000
--------------------------------------------------------
____________________________________________________
Total............................................. 15,000,000
The conferees agree that Fulbright Exchanges funded in
this Act will focus on the themes of values/religious
tolerance, American studies, media training and US/Afghan
women's issues. The conference agreement also includes, by
reference, language in the House report regarding the
allocation of this funding for countries not already covered
under the Freedom Support Act.
EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE
The conference agreement includes $210,516,000, including
$10,000,000 as a contingent emergency requirement. This
includes $130,516,000 for the construction and renovation of
diplomatic facilities in Kabul, Afghanistan, and $80,000,000
for Dushanbe, Tajikistan. The amount provided above the request
reflects adjusted Department estimates for the Kabul project,
as described in the Senate report. The conferees direct the
Department to submit bimonthly reports on the planned and
actual obligation and expenditure of this funding through
completion of the projects. In addition the conferees direct
that the bimonthly reports on the Kabul, Afghanistan, facility
contain detailed information, including cost estimates, on
compound security.
The conferees also direct the Department to submit a
report on, and justification of, proposed staffing levels at
both posts before the obligation of funds, as described in the
House report. The conferees intend that the amount provided for
facilities in Kabul will support the collocation of all
agencies at post on a secure compound.
EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE
The conference agreement does not include additional
funding requested under this account. The conferees direct the
Department to use available funding in this account for the
purposes described in the request.
International Organizations and Conferences
CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS
The conference agreement includes $7,000,000 as an
emergency requirement for anticipated United Nations
assessments to support a United Nations mission in Afghanistan.
CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES
The conference agreement includes $23,034,000 as an
emergency requirement for increased assessments for the United
Nations peacekeeping mission in the Democratic Republic of the
Congo (MONUC). The conference agreement provides for estimated
additional fiscal year 2002 assessments based on the current
force level and does not assume any increase or decrease to
that level, nor any change in the mandate of the mission.
Should actual assessments for MONUC exceed the increased
funding level, the Department may propose to reprogram funds
from allocations for other missions.
RELATED AGENCY
Broadcasting Board of Governors
INTERNATIONAL BROADCASTING OPERATIONS
The conference agreement includes $7,400,000 as an
emergency requirement for operational costs to continue
surrogate radio broadcasting by Radio Free Europe/Radio Liberty
to the people of Afghanistan in languages spoken in
Afghanistan. The Broadcasting Board of Governors (BBG) shall
provide the Committees on Appropriations quarterly status
reports on ongoing broadcasting initiatives in the Middle East,
Afghanistan and Africa, with the first such report due no later
than October 15, 2002. In addition, the conferees expect the
BBG to carry VOA Farsi and Radio Free Europe/Radio Liberty's
Radio Free Iraq broadcasts on the medium-wave transmitter
located in Kuwait until such time as alternative AM
transmission capabilities with equivalent power and reach are
in place. The conferees note that the BBG, to date, has not
submitted such an alternative proposal to the Committees on
Appropriations.
BROADCASTING CAPITAL IMPROVEMENTS
The conference agreement includes $7,700,000 for the
``Broadcasting Capital Improvements'' account, for capital
requirements associated with installation of a medium wave
transmission facility to support the Arabic broadcasting
initiative, as described in the House report.
RELATED AGENCIES
DEPARTMENT OF TRANSPORTATION
Maritime Administration
MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM ACCOUNT
(RESCISSION)
The conference agreement includes a rescission of
$5,000,000 from unobligated balances under this heading.
Securities and Exchange Commission
SALARIES AND EXPENSES
The conference agreement includes $40,200,000 for the
Securities and Exchange Commission, including $9,300,000 as a
contingent emergency requirement. The total amount is
$20,200,000 above the request, and $10,900,000 above the level
provided in the House and Senate bills.
The conferees are concerned that the Administration has
not requested sufficient resources for the Commission to
adequately protect investors from corporate abuses. In order to
address this concern, the conferees have provided more that
double the Administration's request. The conference agreement
includes $25,000,000 for 125 additional staff including
associated pay parity costs, and $5,900,000 to allow the
Commission to begin to address critical information technology
needs such as an integrated document management system,
automated analytical tools, and E-Filing. In addition,
$9,300,000 is provided for recovery costs for the New York
Regional Office where office space was destroyed in the
September 11th attacks.
General Provisions
Sec. 201.--The conference agreement includes modified
language waiving a provision of existing law requiring
authorizations to be in place for the State Department prior to
the expenditure of any appropriated funds.
Sec. 202.--The conference agreement includes language
amending existing law regarding the collection of immigration
inspection fees.
Sec. 203.--The conference agreement includes language
authorizing the closed circuit televising of the Moussaoui
trial for victims of the September 11, 2001, attacks.
Sec. 204.--The conference agreement includes language
requiring that funds provided in fiscal year 2002 for a certain
grant program be used before the end of the current fiscal
year.
Sec. 205.--The conference agreement includes language
prohibiting the use of funds in this or any other act to carry
out a certain memorandum of agreement between the Federal Trade
Commission and the Department of Justice. The conference
agreement adopts by reference the semi-annual reporting
requirement included in the Senate report.
Sec. 206.--The conference agreement includes modified
language extending the statutory deadline for submission of the
final report and recommendations of the Ocean Policy
Commission.
Sec. 207.--The conference agreement includes language
authorizing the International Joint Commission to receive funds
from the U.S. Army Corps of Engineers for purposes related to a
certain project.
Sec. 208.--The conference agreement includes language
clarifying the definition of wild fish in the Agricultural
Marketing Act of 1946, as amended.
Sec. 209.--The conference agreement includes language
clarifying Congressional intent regarding a cooperative
agreement.
Sec. 210.--The conference agreement includes language
providing economic assistance to certain fishermen and fishing
communities. The conference agreement includes, by reference,
language in the Senate report regarding the allocation, by
State, of this funding.
Sec. 211.--The conference agreement includes modified
language and funding for a cooperative research program and a
capacity reduction loan program for the New England groundfish
fishery.
Sec. 212.--The conference agreement includes modified
language designating previously appropriated funding for the
costs of a capacity reduction loan program for the West Coast
fishery.
Sec. 213.--The conference agreement includes language
amending Public Law 107-77 under the heading ``National
Veterans Business Development Corporation'' to make fiscal year
2002 appropriations available until expended.
CHAPTER 3
DEPARTMENT OF DEFENSE--MILITARY
Chapter 3 of the conference agreement recommends
$14,352,900,000 for the Department of Defense, instead of
$15,769,462,000 as proposed by the House and $14,022,000,000 as
proposed by the Senate to support the global war on terrorism.
This amount includes $14,966,000,000 in new budget authority,
and $613,100,000 in offsets (rescissions) from existing
appropriations.
The following table provides details of the emergency
supplemental appropriations in this chapter.
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Budget
request House Senate Conference
----------------------------------------------------------------------------------------------------------------
Military Personnel:
Military Personnel, Air Force........................... 206,000 206,000 206,000 206,000
Operation and Maintenance:
O&M, Army............................................... 107,000 226,000 107,000 209,000
O&M, Navy............................................... 36,500 53,750 36,500 48,750
O&M, Air Force.......................................... 41,000 60,500 41,000 65,510
O&M, Defense-Wide....................................... 739,000 751,975 739,000 721,975
Defense Emergency Response Fund......................... 11,300,000 12,693,972 11,300,000 11,901,900
---------------------------------------------------
Total, O&M.......................................... 12,223,500 13,786,197 12,223,500 12,947,135
===================================================
Procurement:
Other Procurement, Army................................. 79,200 79,200 79,200 79,200
Aircraft Procurement, Navy.............................. 22,800 22,800 22,800 22,800
Proc of Ammunition, Navy and MC......................... 262,000 262,000 262,000 262,000
Other Procurement, Navy................................. 2,500 2,500 2,500 2,500
Procurement, Marine Corps............................... 3,500 3,500 3,500 3,500
Aircraft Procurement, Air Force......................... 93,000 129,500 93,000 118,000
Procurement of Ammunition, Air Force.................... 115,000 115,000 115,000 115,000
Other Procurement, Air Force............................ 752,300 735,340 752,300 747,840
Procurement, Defense-Wide............................... 99,500 104,425 99,500 104,425
---------------------------------------------------
Total, Procurement.................................. 1,429,800 1,454,265 1,429,800 1,455,265
===================================================
Research, Development, Test and Evaluation:
RDTE, Army.............................................. 8,200 8,200 8,200 8,200
RDTE, Navy.............................................. 19,000 9,000 19,000 9,000
RDTE, Air Force......................................... 60,800 99,800 60,800 198,400
RDTE, Defense-Wide...................................... 74,700 72,000 74,700 67,000
---------------------------------------------------
Total, RDTE......................................... 162,700 189,000 162,700 282,600
===================================================
General Provisions:
MH-47................................................... -- 93,000 -- --
Chemical Demilitarization............................... -- 100,000 -- 75,000
Rescissions............................................. -- -59,000 -- -613,100
---------------------------------------------------
Total General Provisions............................ -- 134,000 -- -538,100
===================================================
Grand Total......................................... 14,022,000 15,769,462 14,022,000 14,352,900
----------------------------------------------------------------------------------------------------------------
MILITARY PERSONNEL
The conference agreement recommends $206,000,000 as
proposed by the House and the Senate for functions funded in
title I, Military Personnel, of the Department of Defense
Appropriations Act, as follows:
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Program Request House Senate Conference
----------------------------------------------------------------------------------------------------------------
Military Personnel, Air Force Personnel Readiness........... 206,000 206,000 206,000 206,000
----------------------------------------------------------------------------------------------------------------
OPERATION AND MAINTENANCE
The conference agreement recommends $1,045,235,000 for
functions funded in title II, Operation and Maintenance, of the
Department of Defense Appropriations Act, instead of
$1,092,225,000 as proposed by the House, and $923,500,000 as
proposed by the Senate, as follows:
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Program Request House Senate Conference
----------------------------------------------------------------------------------------------------------------
Operation and Maintenance, Army:
C3I Classified.......................................... 101,800 103,800 101,800 103,800
C3I Site R.............................................. 5,200 5,200 5,200 5,200
Operations in Bosnia and Southwest Asia................. 0 117,000 0 100,000
Operation and Maintenance, Navy:
C3I Classified.......................................... 36,500 53,750 36,500 48,750
Operation and Maintenance, Air Force:
C3I Classified.......................................... 32,000 51,500 32,000 56,510
Weapons and Munitions--UAV.............................. 9,000 9,000 9,000 9,000
Operation and Maintenance, Defense-Wide:
C3I Classified.......................................... 283,600 296,575 283,600 296,575
C3I Homeland Security IT................................ 32,000 32,000 32,000 32,000
C3I White House Communications.......................... 3,400 3,400 3,400 3,400
Coalition Support....................................... 420,000 420,000 420,000 390,000
----------------------------------------------------------------------------------------------------------------
OPERATION AND MAINTENANCE, DEFENSE-WIDE
The conference agreement provides $390,000,000 for
reimbursements to Pakistan, Jordan, and other key cooperating
countries for the cost of goods, services, or use of facilities
provided in direct support of United States military forces in
connection with the global war on terrorism. The conferees
expect the Secretary of Defense to establish financial
management guidelines and documentation requirements providing
assurance that these reimbursements are fully justified. The
conferees expect that the first ``15-day'' written notification
submitted to the congressional committees will include a
detailed description of the financial management guidelines and
documentation requirements established by the Secretary under
the authority provided, and an explanation as to the adequacy
of this documentation in ensuring that taxpayer interests are
adequately protected.
DEFENSE EMERGENCY RESPONSE FUND
The conference agreement recommends $11,901,900,000 for
the incremental costs of military operations and mobilization
to conduct the global war on terrorism, instead of
$12,693,972,000 as proposed by the House, and $11,300,000,000
as proposed by the Senate, as follows:
[In thousands of dollars]
Conference
Amount
Military Personnel, Army:
Active and Reserve Pays and Allowances.............. 1,389,700
Mobilization Costs.................................. 245,000
Military Personnel, Navy:
Active and Reserve Pays and Allowances.............. 414,200
Mobilization Costs.................................. 285,000
Military Personnel, Marine Corps:
Active and Reserve Pays and Allowances.............. 206,800
Mobilization Costs.................................. 2,000
Military Personnel, Air Force:
Active and Reserve Pays and Allowances.............. 1,848,500
Mobilization Costs.................................. 268,000
Operation and Maintenance, Army: 705,000
Personnel Support Operations Costs.................. 348,600
Airlift and Sealift................................. 1,034,400
Operation and Maintenance, Navy:
Flying Hours........................................ 140,000
Ship Operations..................................... 225,000
Ship Maintenance.................................... 412,000
U.S.S. Scranton DMP................................. 90,000
Aircraft Maintenance................................ 137,000
Combat Support Forces............................... 150,000
Operational Support Costs........................... 367,000
Operation and Maintenance, Marine Corps:
Combat Support Force Operations..................... 51,000
Operation and Maintenance, Air Force:
Operations and Personnel Support.................... 1,323,200
Transportation and Airlift Costs.................... 626,800
Operation and Maintenance, Defense-Wide:
SOCOM and Homeland Defense.......................... 1,010,900
Veterans' Task Force................................ 0
Classified.......................................... 120,000
Overseas Humanitarian, Disaster and Civic Aid:
Demining and Unexploded Ordnance Activities......... 10,000
Procurement of Weapons and Tracked Combat Vehicles,
Army:
Sniper Rifles, Modified Magazines................... 4,000
Procurement of Ammunition, Army:
Small Caliber Ammunition............................ 62,800
Other Procurement, Army:
Site R Short Range Air Defense...................... 33,200
Mine Clearing Equipment............................. 9,000
Aircraft Procurement, Navy:
J-52 Engines........................................ 9,000
EA-6B Center and Outer Wing Repairs................. 60,000
Spares.............................................. 27,000
Shipbuilding and Conversion, Navy:
Incremental Cost of Maintenance Availability........ 59,000
Other Procurement, Navy:
Site R Costs, Spare Parts, and Guantanamo Bay
Operations........................................ 36,000
Procurement of Ammunition, Air Force:
Sensor Fuzed Weapon................................. 8,000
Other Procurement, Air Force:
NORAD Radio and Communications Upgrades............. 4,000
Research, Development, Test and Evaluation, Air Force:
Global Hawk Deployment.............................. 36,000
Defense Health Program:
Guard and Reserve Medical Costs..................... 143,800
The conferees have agreed to provide $672,000,000 over
the amounts requested by the President in order to address
existing shortfalls in military personnel funding, including
those associated with the mobilization of Guard and Reserve
personnel and other personnel-related costs including ``stop-
loss''. In addition, based on more current execution data, the
conference agreement adjusts the budget request by realigning
an additional $128,000,000 to personnel requirements from
operational costs, bringing the total provided for additional
military personnel expenses to $800,000,000.
The conference agreement reallocates $201,000,000 from
funds requested for SOCOM logistical support to the military
services that the providing the support. The recommendation
also realigns $100,000,000 from the Defense Health Program to
other requirements based on the Department's reporting of lower
than expected expenditures for medical services provided to
reservists called to active duty.
The conferees agree with funding directives in House of
Representatives Report 107-480 with respect to body armor;
Naval Air Station, North Island historical facility renovation;
NAIC Threat Representation and Validation project; and Predator
B flying hours. Further, the conferees agree with the quarterly
reporting requirements for Defense Emergency Response Fund
(DERF) obligations as directed by the House, and with the
Senate's directive that the Department of Defense notify the
Committees on Appropriations prior to transferring DERF funds
to appropriations accounts or for purposes or amounts other
that those specified in the table above.
REALIGNMENT OF DERF FUNDS FOR FISCAL YEAR 2002 FUNDING SHORTFALLS
The Department of Defense has identified $500,000,000
previously made available to the Defense Emergency Response
Fund (in Public Laws 107-38 and 107-117) that are not being
obligated by the military services as quickly as originally
anticipated. The categories to which these funds had been
allocated are as follows:
[In thousands of dollars]
Increased situational awareness......................... 153,823
Enhanced force protection............................... 161,150
Increased worldwide posture............................. 49,407
Initial crisis response................................. 125,620
Airport and border security............................. 10,000
Given that funds previously made available to the DERF
were for near term, extraordinary costs of the war on terrorism
that would be obligated and expended quickly, it is clear that
these funds are for relatively lower priority activities. In
order to help offset the additional funding for military
personnel and other time-sensitive, mobilization-related costs
provided in the conference agreement, the conferees recommend a
general provision (section 312) rescinding $224,000,000 of
these funds. As for funds which remain from those cited above,
the conferees direct that they be realigned to address
additional fiscal year 2002 military personnel and other high
priority operational and readiness funding requirements that
will not be fully covered by the funding in this measure. The
conference agreement includes authority for the Secretary of
Defense to make such transfers, 15 days after notification to
the congressional defense committees.
PROCUREMENT
The conference agreement recommends $1,455,265,000 for
functions funded in title III, Procurement, of the Department
of Defense Appropriations Act, instead of $1,454,265,000 as
proposed by the House, and $1,429,800,000 as proposed by the
Senate, as follows:
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Program Request House Senate Conference
----------------------------------------------------------------------------------------------------------------
Other procurement, Army:
C3I Classified.......................................... 10,400 10,400 10,400 10,400
C3I Site R.............................................. 68,800 68,800 68,800 68,800
Aircraft Procurement, Navy:
C3I Classified.......................................... 8,000 8,000 8,000 8,000
C3I White House Communications.......................... 14,800 14,800 14,800 14,800
Procurement of Ammunition, Navy and Marine Corps:
Weapons and Munitions--JDAM............................. 262,000 262,000 262,000 262,000
Other Procurement, Navy:
C3I Classified.......................................... 2,500 2,500 2,500 2,500
Procurement, Marine Corps:
C3I Classified.......................................... 3,500 3,500 3,500 3,500
Aircraft Procurement, Air Force:
Weapons and Munitions--UAV.............................. 93,000 0 0 0
Global Hawk Replacement Vehicle......................... 0 35,000 35,000 35,000
Backfill for Cameras P1 and P2.......................... 0 13,000 0 13,000
Sensor Packages/High Band Subsystem Dev................. 0 0 13,000 0
Predator Accelerated Production......................... 0 45,000 37,000 37,000
Predator Ground Station Retrofit........................ 0 0 8,000 8,000
F-15 VHF Radios......................................... 0 36,500 0 25,000
Procurement of Ammunition, Air Force:
Weapons and Munitions--JDAM............................. 115,000 115,000 115,000 115,000
Other Procurement, Air Force:
C3I Classified.......................................... 752,300 735,340 752,300 747,840
Procurement, Defense-Wide:
C3I Classified.......................................... 46,900 51,825 46,900 51,825
C3I White House Communications.......................... 14,800 14,800 14,800 14,800
Weapons and Munitions--Helicopter Weapons............... 3,500 3,500 0 3,500
Weapons and Munitions--APQ Radar Overheat Mitigation.... 3,300 3,300 3,300 3,300
Weapons and Munitions--MH-60 Enhancement................ 8,600 8,600 0 8,600
Weapons and Munitions--Cas Suite........................ 2,200 2,200 0 2,200
SOF Small Arms and Weapons.............................. 0 0 2,200 0
Rotary Wing Upgrades.................................... 0 0 12,100 0
SOCOM Standard Ammo/Non-Standard Ammo/SOAR.............. 20,200 20,200 20,200 20,200
----------------------------------------------------------------------------------------------------------------
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
The conference agreement recommends $282,600,000 for
functions funded in title IV, Research, Development, Test and
Evaluation, of the Department of Defense Appropriations Act,
instead of $189,000,000 as proposed by the House, and
$162,700,000 as proposed by the Senate, as follows:
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Program Request House Senate Conference
----------------------------------------------------------------------------------------------------------------
Research, Development, Test and Evaluation, Army:
Weapons and Munitions--Hemostatic Dressing.............. 8,200 8,200 8,200 8,200
Research, Development, Test and Evaluation, Navy:
C3I Classified.......................................... 10,000 0 10,000 0
C3I White House Communications.......................... 9,000 9,000 9,000 9,000
Research, Development, Test and Evaluation, Air Force:
C3I Classified.......................................... 37,800 99,800 37,800 175,400
Weapons and Munitions--UAV.............................. 23,000 0 23,000 23,000
Research, Development, Test and Evaluation, Defense-Wide:
C3I Classified.......................................... 74,700 52,000 74,700 52,000
Remote CB Agent Vapor Detection System.................. 0 20,000 0 15,000
----------------------------------------------------------------------------------------------------------------
CRUSADER NEXT GENERATION ARTILLERY SYSTEM
The conferees strongly oppose the process employed by the
Defense Department in proposing to terminate the Crusader
artillery system. The usual practice for making a policy
decision of this type would be for the Executive Branch to
propose it in the initial President's budget submission to
allow Congress sufficient time to hold hearings and fully
scrutinize its merits. This process was not followed in the
case of the Crusader. Instead, after requesting $475,609,000 in
the fiscal year 2003 President's Budget, a budget amendment was
submitted on May 29, 2002 to immediately terminate the Crusader
program. This proposal gave the Congress virtually no time to
properly examine the merits of the Administration's proposal.
The conferees recognize that the proposed termination of
the Crusader system may present a higher degree of risk for
Army soldiers, given that the precision munitions and rocket
systems proposed as alternatives to the Crusader's capabilities
are unproven from technical, cost, and tactical perspectives.
However, the conferees have concluded that since the Army has
reported to the Congress on its plans to exclude the Crusader
from its Objective Force, and since the Army has chosen to
accelerate the fielding of the Future Combat System to the 2008
timeframe, the justification for the Crusader has diminished
significantly.
The Army's deficiency in heavy artillery capability
cannot continue to be deferred irrespective of the development
of precision guided munitions. The gap left by the termination
of the Crusader artillery system must be filled.
The conferees believe it is imperative that the Army
accelerate its plan to develop a next generation artillery
cannon for the Objective Force to take full advantage of the $2
billion investment in state-of-the-art artillery technology
developed under the Crusader program. The conferees direct the
Army to enter into a follow-on contract immediately to leverage
Crusader technology to the maximum degree possible in order to
develop and field a next generation Non-Line of Sight (NLOS)
Cannon artillery system in the 2008 timeframe.
Finally, the conferees direct the Army to carefully
review its requirements for this Objective Force NLOS Cannon
artillery system to ensure that the desire for high mobility
and speed of deployment is properly balanced against future
needs of lethality and combat overmatch.
UNDERSEA WARFARE SUPPORT EQUIPMENT
The conferees direct that of the funds provided in the
fiscal year 2002 Defense Appropriations Act under ``Research,
Development, Test and Evaluation, Navy'' for Fleet
Telecommunications (tactical), $2,000,000 shall be reallocated
as follows: $1,000,000 shall be transferred to ``Other
Procurement, Navy'' Undersea Warfare Support Equipment only to
procure new improvements to the AN/SLQ 25A system and
$1,000,000 shall be reprogrammed within ``Research,
Development, Test and Evaluation, Navy'' to Surface Ship
Torpedo Defense, to implement the following revised funding
profile for the Tripwire Torpedo Defense program: $7,350,000
for onboard sensors and signal processing, $400,000 for
distributed engineering center, $2,500,000 for anti-torpedo
torpedo, $1,650,000 for associated components, and $1,500,000
for winch redesign and integration.
REMOTE CHEMICAL AND BIOLOGICAL AGENT VAPOR DETECTION SYSTEM
The conferees agree with the House language concerning
the remote chemical and biological agent vapor detection system
and recommend $15,000,000 for this purpose.
CLASSIFIED PROGRAMS
The recommendations of the conferees regarding classified
programs are summarized in a classified annex accompanying this
statement.
GENERAL PROVISIONS--THIS CHAPTER
The conferees agree to retain section 301, as proposed by
the House and Senate, which permits funds in ``Research,
Development, Test and Evaluation, Navy'' be used for the
Special Operations Forces requirements related to the V-22
aircraft.
The conferees agree to delete language proposed by the
House concerning obligation of funds in the Defense Cooperation
Account to be transferred to other appropriations accounts.
The conferees agree to retain section 302, as proposed by
the Senate, and delete language as proposed by the House, which
allows the Defense Department to continue to provide assistance
to Russia and the Former Soviet Union states provided the
President certifies that it is important to the national
security interests of the United States.
The conferees agree to delete language as proposed by the
Senate which authorizes the use of funds for military
construction projects.
The conferees agree to delete language as proposed by the
Senate which permits the Secretary of Defense to waive current
restrictions on the establishment of a field operating agency.
The conferees agree to retain section 303, as proposed by
the House and Senate concerning funds for intelligence related
programs.
The conferees agree to delete language as proposed by the
House which changes the deadline for submitting a request for
multiple reprogrammings to the Congress.
The conferees agree to retain section 304, as proposed by
the House and Senate which makes funds available for the
payment of certain expenses for international inspectors.
The conferees agree to retain and amend section 305, as
proposed by the House which allows broader authority to the
Department of Defense for assistance to Colombia.
The conferees agree to delete language as proposed by the
House providing $93,000,000 to acquire three MH-47 helicopters
for the SpecialOperations Command. The conferees do not agree
to include this provision because the specific airframes that were to
be procured through this effort are no longer available. However, the
conferees concur with the direction provided in House Report 107-480
requiring the Secretary of Defense to provide a report to the defense
committees not later than 30 days after enactment of this act outlining
the Department's plans to acquire additional MH-47 helicopters to meet
urgent mission requirements of the Special Operations Command.
The conferees agree to retain and amend section 306, as
proposed by the House which provides $75,000,000 for the
purpose of accelerating chemical agent destruction at
Department of Defense facilities in Aberdeen, Maryland;
Newport, Indiana; and Pine Bluff, Arkansas.
The Conferees agree to retain and amend section 307, as
proposed by the House to rescind $163,100,000 instead of
$59,000,000. The specific programs and the amounts rescinded
are as follows:
(Rescissions)
2001 Appropriations:
Other Procurement, Air Force........................ $12,500,000
2002 Appropriations:
Missile Procurement, Air Force...................... 11,600,000
Other Procurement, Air Force........................ 52,500,000
Procurement, Defense-Wide........................... 30,000,000
Research, Development, Test and Evaluation, Air
Force............................................. 56,600,000
The conferees agree to retain and amend section 308, as
proposed by the House which states that section 2533a of title
10 does not apply to transactions entered into under section
8159 of Public Law 107-117.
The conferees agree to delete language as proposed by the
House which provides authority for the Secretary of Defense to
use funds available in the ``Defense Emergency Response Fund''
to reimburse cooperating nations for logistical and military
support provided to the United States military in connection
with the war on terrorism.
The conferees agree to retain section 309, as proposed by
the Senate which provides direction on the execution of
$2,000,000 provided for procurement of smokeless
nitrocellulose.
The conferees agree to retain section 310, as proposed by
the Senate supporting the conversion of the Naval Security
Group, Winter Harbor, Maine.
The conferees agree to retain section 311, as proposed by
the Senate which directs that $2,200,000 in ``Operation and
Maintenance, Army National Guard'' be used for information
operations, information assurance operations and related
training.
The conferees agree to include a new general provision,
section 312, which rescinds $224,000,000 from funds previously
made available in the Defense Emergency Response Fund.
The conferees agree to include a new general provision,
section 313, which rescinds $226,000,000 from fiscal year 2002
defense appropriations resulting from revised economic
assumptions regarding inflation.
CHAPTER 4
District of Columbia
FEDERAL FUNDS
The conferees recognize that security in the nation's
capital is the combination of efforts by local and Federal
government agencies and regional authorities, providing
transportation, public works, and other services. A high degree
of coordination among these entities is required to enhance and
maintain security. In addition, the investments made in this
region to address critical infrastructure must also be
coordinated. The conferees encourage the Administration to
assess the needs of the national capital region, set funding
priorities, and make recommendations through the President's
fiscal year 2004 budget, and, if necessary, through any
supplemental budget requests.
FEDERAL PAYMENT TO THE CHILDREN'S NATIONAL MEDICAL CENTER
The conferees provide a Federal payment of $10,000,000 to
the Children's National Medical Center instead of $13,770,000
as proposed by the Senate. The House bill contained no similar
provision. Included in this amount is $8,000,000 for the
expansion of quarantine facilities and $2,000,000 for the
construction of a decontamination facility for children and
families.
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA
The conferees provide a Federal payment of $23,000,000 to
the District of Columbia to implement the District Emergency
Operations Plan instead of $24,730,000 as proposed by the
Senate. The House bill contained no similar provision. Included
in this amount is $12,000,000 to reimburse the District for
overtime expenses related to providing security at events
associated with Federal government activities. Also included in
this amount is $5,000,000 for the Unified Communications Center
and $6,000,000 for construction of containment facilities and
other activities to support the regional Bioterrorism Hospital
Preparedness Program at the Washington Hospital Center.
FEDERAL PAYMENT TO THE WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY
The conferees provide a Federal payment of $8,000,000 to
the Washington Metropolitan Area Transit Authority instead of
$25,000,000 as proposed by the Senate. The House bill contained
no similar provision. This funding is to contribute to the
creation of a regional transportation back-up operations
control center. Funding of this center is primarily a regional
responsibility; therefore the conferees direct the General
Manager of the Washington Metropolitan Area Transit Authority
to submit by February 5, 2003 a plan for how this project will
be financed. If it is determined that sufficient local funds
cannot be dedicated to this project, the General Manager shall
submit a plan that details how the agency proposes to expend
the funds provided in this Act. The conferees do not intend to
provide additional Federal funding for this project.
The conferees note that a number of the largest mass
transit systems around the country have modified their vending
systems to both accept and dispense the Sacajawea ``Golden
Dollar'' coins. This is a coin which was created by an Act of
Congress and which depicts an important Native American woman
from American history. Regrettably, many mass transit systems
around the country, including in the Nation's Capital, have
declined to modify their vending systems to make use of the
coin. These transit systems have thus far missed a chance to
educate the millions of Americans who annually use transit
systems about both the Golden Dollar coin as well as this
important American. As we approach the bicentennial celebration
of Lewis and Clark's ``Corps of Discovery,'' the conferees
direct the Washington Metropolitan Area Transit Authority to
report the Committees on Appropriations of the House of
Representatives and Senate by February 1, 2003 on its efforts
to make its vending machines ``Golden Dollar'' capable.
FEDERAL PAYMENT TO THE METROPOLITAN WASHINGTON COUNCIL OF GOVERNMENTS
The conferees provide a Federal payment of $1,750,000 to
the Metropolitan Washington Council of Governments as proposed
by the Senate. The House bill contained no similar provision.
This funding is to acquire the technology to support the
Regional Incident Communication and Coordination System as
approved by the Council.
FEDERAL PAYMENT TO THE WATER AND SEWER AUTHORITY OF THE DISTRICT OF
COLUMBIA
The conferees provide a Federal payment of $1,250,000 to
the Water and Sewer Authority of the District of Columbia
instead of $3,000,000 as proposed by the Senate. The House bill
contained no similar provision. This funding is for remote
monitoring of water quality, including the ability to identify
biological or chemical agents.
FEDERAL PAYMENT FOR FAMILY COURT ACT
(INCLUDING RESCISSION)
The conferees rescind $700,000 of funds made available
for the Mayor of the District of Columbia. The House and Senate
bills contained no similar provision.
From rescinded funds referenced in the paragraph above,
the conferees provide a Federal payment of $700,000 to the
Mayor of the District of Columbia Family Court Act. These funds
are available for the same purposes and subject to the same
reporting and availability requirements that were identified
under this heading in the District of Columbia Appropriations
Act, 2002. The House and Senate bills contained no similar
provision.
District of Columbia Funds
OPERATING EXPENSES
DIVISION OF EXPENSES
Language is included under ``District of Columbia Funds''
to allow the District government to obligate and spend the
Federal payments appropriated earlier in this chapter to the
District government's general fund.
GOVERNMENTAL DIRECTION AND SUPPORT
The conferees include a provision as proposed by both the
House and the Senate that amends language contained in the
District of Columbia Appropriations Act, 2002 to allow the
funds provided to the Office of the Corporation Counsel to be
used to support attorney compensation consistent with
performance measures contained in a negotiated collective
bargaining agreement.
PUBLIC SAFETY AND JUSTICE
(RESCISSION)
The conferees rescind $100,000 of the Department of
Corrections funds for support of the Corrections Information
Council as proposed by the Senate. The House bill contained no
similar provision.
CORRECTIONS INFORMATION COUNCIL
From funds rescinded under Public Safety and Justice, the
conferees provide $100,000 for operations of the Corrections
Information Council as proposed by the Senate. The House bill
contained no similar provision.
PUBLIC EDUCATION SYSTEM
(RESCISSION)
The conferees rescind $37,000,000 of the Charter School
surplus as proposed by both the House and the Senate. This
surplus resulted from a lower than projected student
enrollment.
HUMAN SUPPORT SERVICES
From funds rescinded under the public education system,
the conferees provide $11,000,000 for the Child and Family
Services Agency and $26,000,000 for the Department of Mental
Health, as proposed by both the House and the Senate.
REPAYMENT OF LOANS AND INTEREST
(RESCISSION)
The conferees rescind $7,950,000 from repayment of loans
and interest as proposed by both the House and the Senate.
CERTIFICATES OF PARTICIPATION
From funds rescinded under repayment of loans and
interest, the conferees provide $7,950,000 to be used for
certificates of participation as proposed by both the House and
the Senate.
ENTERPRISE AND OTHER FUNDS
WATER AND SEWER AUTHORITY
Language is included to allow the District government to
obligate and spend the Federal payments appropriated earlier in
this chapter to the District government's general fund.
General Provisions, This Chapter
Sec. 401. Use of Emergency Supplemental Funds for
Administrative Costs. The conferees include a provision as
proposed by both the House and the Senate that allows the
District of Columbia to use up to 1 percent of the funds
appropriated to the District of Columbia under the Department
of Defense and Emergency Supplemental Appropriations for
Recovery from and Response to Terrorist Attacks on the United
States Act, 2002 (Public Law 107-117) to fund the
administrative costs that are needed to fulfill the purposes of
that Act.
Sec. 402. Crime Victims Compensation Fund. The conferees
include a provision as proposed by both the House and the
Senate that amends language contained in the District of
Columbia Appropriations Act, 2002 to clarify that the D.C.
Courts are allowed to transfer 50 percent of the fund balance
from the Crime Victims Compensation Fund to the District's
newly established Crime Victims Fund for outreach activities.
The Mayor of the District of Columbia shall expend these
funds in accordance with the plan to provide crime victims
assistance, required in Section 403 of the Consolidated
Appropriations Act (P.L. 106-554; 114 Stat. 2763A-188) and
submitted to Congress on September 21, 2001. In addition, the
Chief Financial Officer of the District of Columbia shall
certify expenditures of these funds in accordance with the
requirements set forth in the fiscal year 2002 District of
Columbia Appropriations Act Conference Report (House Report
107-321).
Sec. 403. Reserve Fund. The conferees include a provision
as proposed by both the House and the Senate that allows any
funds not required to meet the seven percent cash reserve
balance to be used to address potential deficits in addition to
Pay-As-You-Go Capital Funds.
Sec. 404. Washington Metropolitan Area Transit Authority.
The conferees include a provision as proposed by the Senate
that allows the Washington Metropolitan Area Transit Authority
to reprogram up to $2,400,000 from funds appropriated under
Public Law 107-117 for protective clothing and breathing
apparatus activities to employee and facility security and
completion of the fiber optic network project. The House bill
contained no similar provision.
Sec. 405. Transfer Authority for the District of Columbia
Courts. The conferees modify a provision proposed by the Senate
to allow the District of Columbia Courts to expend up to
$3,000,000 to carry out the District of Columbia Family Court
Act of 2001. The provision also allows the Family Court Act
funds to be used to reimburse the D.C. Courts for these
expenditures now that the Family Court Act funds have become
available. The House bill contained no similar provision.
Sec. 406. Technical Correction to the District of
Columbia Family Court Act of 2001. The conferees include a
provision as proposed by the Senate that makes a technical
correction to the District of Columbia Family Court Act of 2001
related to residency requirements of Family Court Act judges.
The House bill contained no similar provision.
Sec. 407. Technical Corrections to the District of
Columbia Appropriations Act of 2002. The conferees include a
provision as proposed by the Senate that makes two technical
corrections in the District of Columbia Appropriations Act,
2002 (Public Law 107-96). The House bill contained no similar
provision.
Sec. 408. Administrative Provision. The conferees modify
a provision proposed by both the House and the Senate that
amends language contained in the District of Columbia
Appropriations Act, 2002 (Public Law 107-96) to allow grants to
be accepted after 14 calendar days of receipt by the Council of
the District of Columbia (barring no written notice of
disapproval by a Council member) instead of requiring the
Council to pass a law to approve every grant notification
submitted for approval. The provision also allows the District
to expend other funds if the Chief Financial Officer certifies
that the funds are available and are not required to address
potential deficits and with prior notification to the
Committees on Appropriations of the House of Representatives
and Senate of the acceptance, obligation, and expenditure of
such funds.
Sec. 409. Chief Financial Officer. The conferees modify a
provision proposed by the Senate that extends the Chief
Financial Officer's personnel, procurement, and preparation of
fiscal impact statement authorities from June 30, 2002 through
July 1, 2003. The House bill contained no similar provision.
Insurance Procurement. The conferees do not include a
provision as proposed by the Senate to allow the government of
the District of Columbia to procure insurance for property
damage and tort liability. The House bill contained no similar
provision. The District of Columbia received a favorable
decision from the General Accounting Office on June 3, 2002
regarding the purchase of commercial insurance against
catastrophic risks; therefore this language is no longer
needed.
CHAPTER 5
DEPARTMENT OF DEFENSE--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
OPERATION AND MAINTENANCE, GENERAL
The conference agreement includes a total of $140,200,000
for Operation and Maintenance, General.
Of the total, $108,200,000 is for emergency expenses at
Corps of Engineers projects and facilities. The entire amount
has been designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended. The
availability of these funds is contingent on receipt of a
budget request from the President designating the requested
funds as an emergency requirement pursuant to the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
In addition, the conference agreement includes language
which would permit these funds and funds appropriated under
Public Law 107-117 to be used at any facility owned or operated
by, or on behalf of, the Corps of Engineers, including
administrative buildings and facilities.
The conference agreement also includes $32,000,000 for
repair, restoration and clean-up of Corps projects and
facilities, dredging of navigation channels, restoration and
clean out of area streams, emergency streambank protection,
restoration of other crucial public infrastructure, documenting
flood impacts, and undertaking other flood recovery efforts
deemed necessary and advisable by the Chief of Engineers. Of
the total, $10,000,000 is for Southern West Virginia, Eastern
Kentucky, and Southwestern Virginia; and $22,0000,000 is for
Western Illinois, Southern Indiana, Eastern Missouri,and the
Upper Peninsula of Michigan.
DEPARTMENT OF THE INTERIOR
Bureau of Reclamation
WATER AND RELATED RESOURCES
The conference agreement includes $7,000,000 for the
Water and Related Resources account of the Bureau of
Reclamation Of the total, $3,000,000 is for the drilling of
emergency wells in Santa Fe, New Mexico, and $4,000,000 is for
the lease of up to 38,000 acre-feet of emergency water for the
Rio Grande in New Mexico in compliance with the existing
biological opinion. Section 504 of the Senate bill included
$3,000,000 for the drilling of emergency wells in Santa Fe.
DEPARTMENT OF ENERGY
Energy Programs
SCIENCE
The conference agreement provides $24,000,000 for Science
to enhance safeguards and security of nuclear and other
materials at Department of Energy Science laboratories instead
of $29,000,000 as proposed by the House and no funding as
proposed by the Senate. These funds are available for
obligation through September 30, 2002.
The availability of these funds is contingent upon
receipt of a budget request from the President designating the
fund as an emergency requirement pursuant to the Balanced
Budget and Emergency Deficit Control Act of 1985.
ATOMIC ENERGY DEFENSE ACTIVITIES
National Nuclear Security Administration
WEAPONS ACTIVITIES
(INCLUDING RESCISSION)
The conference agreement provides $158,050,000 for
Weapons Activities instead of $125,400,000 as proposed by the
House and $181,650,000 as proposed by the Senate. These funds
are available for obligation through September 30, 2002.
The recommendation includes $19,400,000 for nuclear
weapons incident response and emergency response activities as
requested by the Administration.
Additional funding of $18,000,000 has been provided for
secure transportation of nuclear weapons and materials.
For counter-terrorism activities and preparedness,
$33,500,000 has been provided for operation and/or construction
activities on various projects at the National Center for
Combating Terrorism.
Safeguards and security.--Additional funding of
$87,150,000 has been provided for increased safeguards and
security needs at the Department's nuclear weapons facilities.
Despite the lack of a request from the Administration for these
activities, the conference agreement has provided funding for
explosive detection equipment, protective force support,
hardened perimeter barriers, consolidation of special nuclear
materials, and complex-wide security improvements. Of these
funds, $25,000,000 is provided for cyber-security activities.
Of the additional funding provided for increased
safeguards and security needs, a minimum of $12,600,000 is
provided for the Pantex Plant in Texas and $25,100,000 for the
Y-12 Plant in Tennessee.
The conferees direct that the funding provided for
safeguards and security be used only for its stated purpose and
not as an indirect source for other site services or
activities, especially those unrelated to safeguards and
security.
Funding of $19,400,000 has been designated by the
President as an emergency requirement. The availability of the
remaining $138,650,000 is contingent upon receipt of a budget
request from the President designating the funds as an
emergency requirement pursuant to the Balanced Budget and
Emergency Deficit Control Act of 1985.
(RESCISSION)
The conference agreement includes a rescission of
$14,460,000 of funds appropriated to the National Nuclear
Security Administration (not including the nuclear
nonproliferation and naval reactors programs) in Public Law
107-66 and prior Energy and Water Development Appropriations
Acts.
DEFENSE NUCLEAR NONPROLIFERATION
The conference agreement includes $100,000,000 for
Defense Nuclear Nonproliferation as proposed by the Senate
instead of $5,000,000 as proposed by the House. The funds are
available for obligation through December 31, 2002.
Funding of $35,000,000 is provided for nonproliferation
and verification and development to develop sensors and other
technologies to prevent nuclear and other deadly materials from
entering this country, detect these substances elsewhere in the
nation, and enhance preparedness in the event of an attack. Of
these funds, not less than $20,000,000 is provided to
accelerate and expand the nuclear and radiological national
security program.
Funding of $30,000,000 is provided for the International
Materials Protection, Control and Accounting program to plan
and initiate nuclear materials protection and control
activities in countries other than the former Soviet Union and
to accelerate current programs in Russia.
Funding of $15,000,000 is provided for the Arms Control
program. Of this amount, $6,000,000 is to implement the U.S.-
DPRK Agreed Framework; $4,000,000 is for additional
International Atomic Energy Agency (IAEA) safeguards and
nonproliferation support for specific countries under
safeguards; and $5,000,000 is for nuclear materials security
programs in IAEA member countries.
Elimination of Weapons-Grade Plutonium Production.--
Funding of $10,000,000 is provided to accelerate the transfer
of the Elimination of Weapons-Grade Plutonium Production in
Russia program to the Department of Energy from the Department
of Defense by the Administration for fiscal year 2003. The
total estimated cost of this program is almost $500,000,000,
and the current completion date of 2006 may be difficult to
achieve.
The conferees note that this is a very complicated
program to implement, involving substantial contributions by
and coordination with the Russian Government. Accordingly, the
conferees direct the Administrator of NNSA to require the
application of the Department's established directives or
project management, to include acquisition planning,
alternative analysis, and critical decision approvals of these
products at the level prescribed by the Department's
directives, before expenditure of funds appropriated for this
program can begin.
The conferees are aware that the Department allowed its
contractor to initiate program activities in advance of
receiving funds for this program. None of the funds provided in
this Act may be used to repay expenses incurred by the
Department or its contractors for activities conducted prior to
enactment of this Act.
Return of Domestic Sealed Sources.--The conference
agreement provides $10,000,000 to accelerate the recovery of
excess radioactive materials in the United States through the
Department's Offsite Source Recovery program. With this
funding, it should be possible to compress the recovery
schedule to 18 months for over 5000 excess sealed sources. The
conferees direct the Secretary to submit to the House and
Senate Committees on Appropriations by October 31, 2002, a
program plan detailing the activities, with costs, schedules
and deliverables, to be accomplished in this program.
Office of the Administrator
The conference agreement provides $1,750,000 for the
Office of the Administrator as proposed by the Senate instead
of no funding as proposed by the House. The funds are available
for obligation through September 30, 2002.
The availability of these funds is contingent upon
receipt request from the President designating the funds as an
emergency requirement pursuant to the Balanced Budget and
Emergency Deficit Control Act of 1985.
Environmental and Other Defense Activities
Defense Environmental Restoration and Waste Management
(INCLUDING RESCISSION)
The conference agreement provides $56,000,000 for Defense
Environmental Restoration and Waste Management to enhance
safeguards and security at several Department of Energy
environmental management cleanup sites instead of $67,000,000
as proposed by the House and $40,000,000 as proposed by the
Senate. These funds are available for obligation through
September 30, 2000.
The following sites should be provided priority in the
distribution of this additional funding: the Savannah River
Site in South Carolina, the Hanford site in Richland,
Washington; the Idaho site; and the Oak Ridge site in
Tennessee.
The availability of these funds is contingent upon
receipt of a budget request from the President designating
funds as an emergency requirement pursuant to the Balanced
Budget and Emergency Deficit Control Act of 1985.
(RESCISSION)
The conference agreement includes a rescission of
$15,540,000 of funds appropriated for Defense Environmental
Restoration and Waste Management activities in Public Law 107-
66 and prior Energy and Water Development Appropriation Acts.
DEFENSE FACILITIES CLOSURE PROJECTS
The conference agreement provides $14,000,000 for Defense
Facilities Closure Projects to enhance safeguards and security
at several closure sites instead of $16,600,000 as proposed by
the House and no funding as proposed by the Senate. These funds
are available for obligation through September 30, 2002.
The availability of these funds is contingent upon
receipt of a budget request from the President designating
funds as an emergency requirement pursuant to the Balanced
Budget and Emergency Deficit Control Act of 1985.
OTHER DEFENSE ACTIVITIES
The conference agreement provides $7,000,000 for Other
Defense Activities for critical energy security and assurance
activities as proposed by the House and the Senate and the same
as the budget request. These funds are available for obligation
through September 30, 2002.
The entire amount has been designated by the President as
an emergency requirement pursuant to the Balanced Budget and
Emergency Deficit Control Act of 1985.
General Provisions--This Chapter
Sec. 501. The conference agreement includes a provision
proposed by the Senate regarding a biomass project in Winona,
Mississippi.
Sec. 502. The conference agreement includes a provision
proposed by the Senate requiring the Secretary of Energy to
award a contract for two depleted uranium hexafluoride
facilities.
Provisions not adopted.--The conference recommendation
modifies a provision proposed by the Senate to rescind
$30,000,000 from various Department of Energy accounts. The
conference agreement provides alternative funding sources for
this rescission.
The conference recommendation does not include a
provision proposed by the Senate providing $3,000,000 for the
Bureau of Reclamation to drill five wells in New Mexico.
Funding for this activity has been included in the Bureau of
Reclamation, Water and Related Resources appropriation account.
CHAPTER 6
REPORTING AND NOTIFICATIONS
The managers direct the Administration to submit a
financial plan to the Committees on Appropriations regarding
the use of funds appropriated in this chapter within 30 days of
the enactment of this Act. Further, the managers direct the
Department of State and the United States Agency for
International Development to implement programs, projects and
activities recommended in this chapter consistent with the
budget justification material submitted to the Congress, as
modified by the conference agreement. Any proposed changes in
funding for programs, projects, and activities shall be
reported to the Committees on Appropriations in conformance
with regular notification procedures.
EMERGENCY DESIGNATIONS
The conference agreement includes an emergency
designation pursuant to the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, for each of the
appropriations paragraphs recommended in this chapter.
Appropriations that exceed the President's request include a
requirement for an emergency designation by the President for
the amount of the appropriation that differs from the request.
The requirement for a Presidential designation of emergency
spending applies to all funds appropriated under headings for
which there is no official budget request.
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
United States Agency for International Development
CHILD SURVIVAL AND HEALTH PROGRAMS FUND
The conference agreement appropriates, subject to the
regular notification procedures of the Committee on
Appropriations, $200,000,000 to remain available until June 30,
2003, for emergency expenses for activities related to
combating AIDS, tuberculosis, and malaria. Additional
assistance to be provided for mother-to-child transmission of
HIV/AIDS and for maternal health and other assistance to
communities significantly affected by HIV/AIDS.
The conference agreement provides that not less than
$100,000,000 under this heading in this Act should be made
available for the Global Fund to Fight AIDS, Tuberculosis, and
Malaria (Global Fund). Language similar to the House bill also
provides that the cumulative amount of funds made available in
this or prior Acts under this heading and under the heading
``Child Survival and Disease Programs Fund'' for the Global
Fund may not exceed the total resources provided by all donors
to the Global Fund for calendar year 2002.
In addition, the entire amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, and shall be available only to
the extent an official budget request that includes
designations of the entire amount of the request as an
emergency requirement as defined in said Act is transmitted by
the President to the Congress.
INTERNATIONAL DISASTER ASSISTANCE
The conference agreement appropriates $184,000,000,
instead of $190,000,000 as proposed by the House and
$150,000,000 as proposed by the Senate. These funds include up
to $134,000,000 for activities in Afghanistan, including
repairs of houses damaged during military operations, and
$50,000,000 for activities in the West Bank and Gaza. Funds are
available for obligation until September 30l 2003, as proposed
by the House instead of March 31, 2003, as proposed by the
Senate.
The managers note that while the situation of women in
Afghanistan has improved since the Taliban era, serious
obstacles, including illiteracy, joblessness, violence against
women, lack of access to health care, and lack of clearly
defined rights continue to hinder the progress of Afghan women.
The managers understand the difficulties inherent in
implementing assistance programs in Afghanistan but are
nonetheless concerned about the slow pace and relatively small
amount of assistance devoted specifically to improving the
lives and opportunities of Afghan women. The Afghan Ministry of
Women's Affairs is uniquely positioned to become the primary
center of capacity to carry out women-focused development in
Afghanistan, and the managers commend USAID for the support it
has given to the Ministry thus far. The managers strongly
recommend that not less than $2,500,000 from this account be
provided to enable the Ministry to establish multi-service
women's centers throughout Afghanistan for the purpose of
implementing programs to improve women's and girl's health and
expand economic opportunities through vocational and literacy
training.
The conference agreement includes $50,000,000 for
humanitarian assistance for the West Bank and Gaza, which must
be designated by the President as emergency spending. The House
bill and the Senate amendment included similar provisions,
except that the House bill would have appropriated these funds
under ``Economic Support Fund'' and transferred them to
``International Disaster Assistance''. In addition, the
conference agreement includes language that prohibits the
obligation orexpenditure of funds to the Palestinian Authority.
The managers direct that all funds appropriated under this heading in
the Act for the West Bank and Gaza shall be made available for
humanitarian assistance only through nongovernmental organizations.
OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR INTERNATIONAL
DEVELOPMENT
The conference agreement appropriates $7,000,000 as
proposed by the House instead of $5,000,000 as proposed by the
Senate. These funds would be used to implement programs
recommended elsewhere in this chapter, and for security costs
in Afghanistan and Pakistan.
An additional $6,000,000 for operating expenses is
available by transfer from funds appropriated under the heading
``Child Survival and Health Programs Fund'' for the management
and oversight of programs funded under this heading in this Act
and in P.L. 107-115.
The managers are concerned that insufficient
consideration has been given to the provision of interim secure
housing and office facilities for the staff who will manage
programs in Afghanistan that are funded in this and prior
appropriations Acts. Not less than five days prior to the
transmittal of the report on Afghanistan security required
under section 603 of the Act, the Under Secretary of State for
Management and the Administrator of the United States Agency
for International Development are to consult with the
Committees regarding the Department's plans for interim and
permanent facilities for United States personnel in Kabul,
Afghanistan.
OTHER BILATERAL ECONOMIC ASSISTANCE
ECONOMIC SUPPORT FUND
The conference agreement appropriates $665,000,000
instead of $660,000,000 as proposed by the House and
$700,000,000 as proposed by the Senate. (The House bill
included a total of $710,000,000 in this account, but
$50,000,000 of those funds were proposed for transfer to
``International Disaster Assistance'' for the West Bank and
Gaza. This issue is addressed under ``International Disaster
Assistance''.) Funds may remain available for obligation until
June 30, 2003.
The conference agreement does not include language in the
Senate amendment that would have provided that $50,000,000
should be made available for the Middle East Economic
Initiative (MEEI). The House bill did not address this matter.
The managers agree the initiative should receive an allocation
of not to exceed $25,000,000. Funding priorities should include
education, commercial law reform, trade technical assistance,
and civil society and rule of law programs. Within the funds
made available for the MEEI, the managers strongly support the
funding of additional scholarships for foreign students at
American educational institutions in the Middle East, including
scholarships for students from central Asia.
The conference agreement includes $200,000,000 for anti-
terrorism assistance for Israel as proposed by the House and
Senate, which must be designated by the President as emergency
spending. It also includes language proposed by the Senate that
would authorize the transfer of all or a portion of these funds
to ``Nonproliferation, Anti-Terrorism, Demining and Related
Programs'' for defensive, non-lethal anti-terrorism assistance.
The managers strongly support the expeditious programming of
these funds in order to assist the State of Israel in its
response to international terrorism.
The conference agreement includes language similar to
that in the Senate amendment that would require that the
Committees on Appropriations be informed 15 days prior to the
obligation of funds provided under this heading in this Act.
The House bill did not address this matter.
The conference agreement does not include Senate language
providing $3,500,000 for programs and activities that provide
professional training for journalists from the Middle East. The
House bill did not address this matter. The managers recognize
the importance of such programs and encourage the United States
Agency for International Development and the Department of
State to provide up to $1,000,000 for such activities.
The conference agreement provides that $10,000,000 under
this heading should be made available for the establishment of
a pilot academic year international youth exchange program for
secondary school students from countries with significant
Muslim populations, modeled after the Future Leaders Exchange
involving students from the former Soviet republics. The Senate
amendment had earmarked $20,000,000 for this purpose. The House
bill did not address this matter.
The conference agreement includes language that provides
that $1,000,000 should be provided for programs and activities
that support the development of independent media in Pakistan.
The Senate amendment would have mandated $3,500,000 for such
programs and activities. The House bill did not address this
matter.
ASSISTANCE FOR THE INDEPENDENT STATES OF THE FORMER SOVIET UNION
The conference agreement provides that funds shall remain
available for obligation until June 30, 2003.
The conference agreement does not include Senate language
not in the House bill that would have limited assistance to
certain specified countries.
The conference agreement does not include Senate language
providing that not less than $7,000,000 shall be made available
for the development of democratic institutions and the
protection of human rights, which amount shall be administered
by the Bureau of Democracy, Human Rights, and Labor, Department
of State. However, it is the manager's understanding based on
information provided by the Coordinator of Assistance to Europe
and Eurasia that not less than $10,000,000 will be made
available for democracy and human rights programs in Central
Asia. The managers expect that within 30 days of enactment of
this Act, the Coordinator will provide the Committees on
Appropriations with a comprehensive report on the democracy and
human rights programs and activities to be conducted in Central
Asia with funds appropriated by this Act, including a schedule
for the obligation and disbursement of funds.
The managers commend USAID's Central Asia mission for its
focus on economic growth, education, and health in Central
Asia, and expect that a significant amount of the additional
resources provided in this Act will be allocated to these
sectors. Because of the special needs in the region, emphasis
should be placed on microcredit and clean water programs.
The conference agreement includes language similar to
that in the Senate amendment that would require that the
Committees on Appropriations be informed 15 days prior to the
obligation of funds provided under this heading in this Act.
The House bill did not address this matter.
DEPARTMENT OF STATE
International Narcotics Control and Law Enforcement
The conference agreement appropriates $117,000,000
instead of $120,000,000 as proposed by the House and
$104,000,000 as proposed by the Senate. These funds would
remain available for obligation until September 30, 2003, as
proposed by the House instead of March 31, 2003, as proposed by
the Senate.
The conference agreement provides that funds appropriated
under the heading ``International Narcotics Control and Law
Enforcement'' should be made available to train and equip a
Colombian Armed Forces unit dedicated to apprehending the
leaders of paramilitary organizations. The language differs
slightly from that included in the Senate amendment, which was
included under the heading ``Foreign Military Financing''. The
House bill did not address this matter.
The conference agreement does not include Senate language
providing $2,500,000 for training, equipment, and other
assistance for park rangers for the Colombian National Park
Service. However, the managers are aware of Colombia's
extraordinary system of national parks and reserves and of the
grave threats to these areas posed by coca farmers, illegal
loggers, and armed conflict. The managers recognize the
substantial environmental and eco-tourism importance of these
parks and reserves. The managers intend to provide assistance
to the Colombia National Park Service to help protect these
areas with funding in fiscal year 2003 from the Andean
Counterdrug Initiative.
The conference agreement includes language similar to
that in the Senate amendment that not to exceed $4,000,000
should be available for police training in Indonesia. The House
bill did not address this matter.
The conference agreement includes language similar to
that in the Senate amendment that would require that the
Committees on Appropriations be informed 15 days prior to the
obligation of funds provided under this heading in this Act.
The House bill did not address this matter.
The conference agreement provides that $6,000,000 under
this heading may be made available for assistance for the
Colombian Armed Forces for purposes of protecting the Cano
Limon pipeline. The managers are aware that the majority of
people living in Arauca department, where the Cano Limon
pipeline is located, remain impoverished despite the extraction
of oil worth billions of dollars from that area. The conference
agreement provides that prior to the obligation of funds for
purposes of protecting the pipeline, the Secretary of State
shall submit a report describing oil revenues by the Government
of Colombia from the pipeline during the preceding 12 months,
amounts expended by the government and private oil companies
with a financial interest in the pipeline for programs to
improve the lives of the people in Arauca, steps being taken to
increase and expand such programs, and mechanisms being
established to monitor such funds. The contents of the report
will be considered by the Committees on Appropriations in
connection with the fiscal year 2003 budget.
MIGRATION AND REFUGEE ASSISTANCE
The conference agreement appropriates $40,000,000 instead
of $10,000,000 as proposed by the House and $50,000,000 as
proposed by the Senate. The conference agreement provides that
funds shall remain available for obligation until June 30, 2003
instead of September 30, 2003 as proposed by the House and
March 31, 2003 as proposed by the Senate.
The managers recognize the troubling situation facing
many internally displaced persons (IDPs) in Colombia. It is the
manager's understanding that the number of IDPs is multiplying
as the civilian population bears much of the burden of the
civil strife. Therefore the managers recommend that of the
funds appropriated under this heading or under the heading
``International Narcotics Control and Law Enforcement'' in this
chapter, up to $10,000,000 may be made available to the State
Department for emergency IDP needs.
The conference agreement does not include language in the
Senate amendment that would subject the funds to the regular
notification procedures of the Committees on Appropriations.
The House bill did not address this matter.
NONPROLIFERATION, ANTI-TERRORISM, DEMINING, AND RELATED PROGRAMS
The conference agreement appropriates $88,000,000 instead
of $83,000,000 as proposed by the House and $93,000,000 as
proposed by the Senate. These funds would remain available for
obligation until September 30, 2003, as proposed by the House
instead of March 31, 2003, as proposed by the Senate.
The conference agreement includes language similar to
that in the Senate amendment that provides that not to exceed
$12,000,000 should be made available for assistance for
Indonesia. However, it does not include Senate language
relating to the purposes of the funds or language that would
have prohibited funds for assistance for members of ``Brimob''
Mobile Police Brigade units. This language has not been
included since the Department of State has assured the managers
that no funds will be provided for assistance for these units,
or for Kopassus units of the Indonesian military. The House
bill did not address this matter.
The conference agreement provides that up to $1,000,000
may be made available for the Nonproliferation and Disarmament
Fund (NDF). The Senate amendment would have mandated this level
of funding. The House bill did not address this matter.
The conference agreement provides that up to $1,000,000
may be made available for small arms and light weapons
destruction in Afghanistan. The Senate amendment would have
mandated $2,000,000 for this activity. The House did not
address this matter.
The conference agreement does not include Senate language
not in the House bill that would have required the allocation
of not less than $10,000,000 for humanitarian demining
activities. However, the managers strongly support humanitarian
demining and direct that not less than $4,000,000 be allocated
for these activities.
The conference report includes Senate language requiring
that funds provided under this heading in this Act shall be
subject to the regular notification procedures of the Committee
on Appropriations. The House bill did not address this matter.
The managers request that prior to the obligation of
funds for Antiterrorism Assistance Mobile Emergency Training
Teams, the Department of State inform the Committees on
Appropriations of the amount of such funds that would be made
available for administrative costs. In addition, the managers
request a report from the Department of State within 60 days of
enactment of this Act on the degree to which the Terrorist
Interdiction Program (TIP) cooperates with other agencies of
the United States Government to ensure there is no duplication
of effort. The report should specify the current and projected
resource levels for programs in all agencies that have
complementary programs. A classified annex to the report should
be provided if deemed necessary.
MILITARY ASSISTANCE
Funds Appropriated to the President
FOREIGN MILITARY FINANCING PROGRAM
The conference agreement appropriates $387,000,000
instead of $366,500,000 as proposed by the House and
$347,500,000 as proposed by the Senate. Funds may remain
available for obligation until June 30, 2003. In addition, the
conference agreement includes House language to provide the
Department of Defense with the authority to use $2,000,000
requested by the President for the general costs of
administering overseas military assistance programs. The Senate
amendment did not address this matter.
The managers direct that a total of $55,000,000 shall be
made available for assistance for the Philippines, an increase
of $30,000,000 above the budget request. The increase must be
designated by the President as an emergency.
The conference agreement does not include Senate language
not in the House bill that would have limited assistance to
certain specified countries.
The conference agreement includes language similar to
that in the Senate amendment that would require that the
Committees on Appropriations be informed 15 days prior to the
obligation of funds provided under this heading in this Act.
The House bill did not address this matter.
The conference agreement does not include Senate language
exempting only Afghanistan from the provisions of section 512
of the Foreign Assistance Act or any similar provision of law.
All funds appropriated under this heading would be exempt from
this provision of law, as proposed by the House.
The conference agreement includes language similar to
that in the Senate amendment that provides that funds in this
Act may be made available for the Government of Uzbekistan if
the Secretary of State determines and reports to the Committees
on Appropriations that the Government of Uzbekistan is making
substantial and continuing progress in meeting its commitments
under the ``Declaration on the Strategic Partnership and
Cooperation Framework Between the Republic of Uzbekistan and
the United States of America''. The House did not address this
matter.
Funds requested for assistance for Colombia for
protection of the Cano Limon pipeline are included under the
heading ``International Narcotics Control and Law
Enforcement''.
PEACEKEEPING OPERATIONS
The conference agreement provides that funds appropriated
under this heading may be available for obligation until June
30, 2003. In addition, the conference agreement includes Senate
language not in the House bill that limits the assistance
provided in this paragraph to Afghanistan.
RESCISSIONS
The conference agreement includes a rescission of
$60,000,000 from funds appropriated to carry out the provisions
of parts I and II of the Foreign Assistance Act of 1961, the
Support for East European Democracy (SEED) Act of 1989, and the
FREEDOM Support Act, in title II of the Foreign Operations,
Export Financing, and Related Programs Appropriations Act, 2000
(as contained in Public Law 106-113) and in prior Acts making
appropriations for foreign operations, export financing, and
related programs. Of these funds, not more than a total of
$25,000,000 may be rescinded from funds appropriated under the
heading ``Development Assistance.'' In addition, no rescission
may be made from funds appropriated for health and disease
programs pursuant to section 104(c) of the Foreign Assistance
Act of 1961. It is the intention of the managers that no
rescission be derived from activities earmarked or subject to
minimum funding levels.
The House bill would have rescinded $60,000,000 from
funds appropriated to ``Development Assistance'' and ``Economic
Support Fund''. The Senate bill would have rescinded
$25,000,000 from funds appropriated to ``Economic Support
Fund.'' This rescission was addressed in section 604 of the
Senate amendment.
The conference agreement also contains Senate language
requiring a rescission of $50,000,000 from funds under the
heading ``Export-Import Bank of the United States'' that are
available for tied-aid grants. The House bill did not address
this matter. This rescission was addressed in section 604 of
the Senate amendment.
The conference agreement also contains Senate language
requiring a rescission of unobligated balances totaling
$159,000,000 from certain funds available to International
Financial Institutions. The House bill contained the same
rescission, with certain technical differences.
GENERAL PROVISIONS--THIS CHAPTER
Under section 601, the conference report includes
language that provides that fiscal year 2002 funds, unexpired
balances, and assistance provided from prior years' Acts shall
be available to support a unified campaign against narcotics
trafficking and designated terrorist organizations, and to take
actions to protect human health and welfare.
The new authorities provided are intended to be used
against terrorist organizations identified by the State
Department. However, the managers recognize that in certain
emergency situation, such as kidnappings, the use of United
States assets may be required to protect human health and
welfare before the affiliation of the perpetrators has been
determined. The managers expect this authority will be
continued in fiscal year 2003 unless the new government of
Colombia fails to make good faith efforts to fulfill the
commitments made in subsections (b) and (c). The managers also
intended these authorities to continue to be in effect in the
event a continuing resolution is necessary for a portion of
fiscal year 2003.
The conference report requires the Secretary of State to
report that the newly elected President of Colombia has made
several commitments, in writing, regarding policies, budgetary
reforms, and the allocation of Colombian financial resources.
The managers expect the Secretary to provide copies of these
written commitments to the Committees on Appropriations.
Although section 603 of the House bill requiring a report
on Andean security strategy is not included in the conference
report, the managers are concerned that the Administration has
inadequately articulated clear objectives of U.S. policy in
Colombia, what actions would be required, and what it would
cost to achieve those objectives. Therefore, the managers
direct that within 90 days of enactment of this Act, the
Secretary of State, in consultation with the Secretary of
Defense, submit a report to the Committees on Appropriations,
describing in detail--(1) the President's policy toward
Colombia; the objectives of that policy; the actions required
by and the expected financial costs to the United States,
Colombia, and any other country or entity to achieve those
objectives; and the expected time schedule for achieving those
objectives; (2) specific benchmarks for measuring progress
toward achieving the objectives of the President's policy; (3)
the expected reduction, if any, in the amount of cocaine and
heroin entering the United States as a result of the
President's Andean Counterdrug Initiative within the expected
time schedule; and (4) the mission and objectives of United
States Armed Forces personnel and civilian contractors employed
by the United States in connection with such assistance, and
the threats to their safety in Colombia.
Under section 603, the conference agreement includes a
general provision similar to section 606 of the Senate
amendment regarding Afghanistan security and the delivery of
assistance. The conference agreement requires the President to
transmit two reports, the first on immediate security needs,
and the second on long-term security needs.
The conference agreement does not include Senate language
that would have earmarked $34,000,000 for the United Nations
Population Fund (UNFPA). The managers note that $34,000,000 was
provided for this purpose in P.L. 107-115, and are concerned
that the funds have not yet been made available for obligation.
The managers note that a Presidential determination regarding
UNFPA activities in China, together with the accompanying State
Department report on its investigation of those activities in
China, has not been made or transmitted to Congress, contrary
to written assurances by the Director of the Office of
Management and Budget.
CHAPTER 7
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
MANAGEMENT OF LANDS AND RESOURCES
The conference agreement provides $658,000 for Management
of Lands and Resources as proposed by the House. The Senate had
proposed funding the repayment of Bureau law enforcement costs
under Departmental Management.
United States Fish and Wildlife Service
RESOURCE MANAGEMENT
The conference agreement provides $1,038,000 for Resource
Management, instead of $1,443,000 as proposed by the House and
$412,000 as proposed by the Senate. The amount recommended
includes the $1,412,00 for continuity of operations as proposed
by both the Houses and Senate and $626,000 for the repayment of
law enforcement costs. The Senate had proposed funding the
repayment of service law enforcement costs under Departmental
Management.
CONSTRUCTION
The conference agreement provides $3,125,000 for
construction as proposed by the Senate instead of no funding as
proposed by the House.
National Park Service
OPERATION OF THE NATIONAL PARK SYSTEM
The conference agreement provides $1,173,000 for
Operation of the National Park System as proposed by the House.
The Senate had proposed funding the repayment of Service law
enforcement costs under Departmental Management.
CONSTRUCTION
The conference agreement provides $17,651,000 for
Construction as proposed by the Senate instead of $25,700,000
as proposed by the House.
United States Geological Survey
SURVEYS, INVESTIGATIONS, AND RESEARCH
The conference agreement provides $26,000,000 as proposed
by the House and $25,700,000 as proposed by the Senate. The
conference agreement conforms to the Senate recommendation
except the $776,000 for an improved backup power system is not
included.
Bureau of Indian Affairs
OPERATION OF INDIAN PROGRAMS
(INCLUDING RESCISSION OF FUNDS)
The conference agreement provides $134,000 for the
Operation of Indian Programs as proposed by the House. The
Senate had proposed funding the repayment of Bureau law
enforcement costs under Departmental Management. The conference
agreement also rescinds $10,000,000 in excess funds from the
San Carlos Irrigation project as proposed by the Senate instead
of a rescission of $5,000,000 as proposed by the House. The
conference agreement also includes language as proposed by the
House redirecting excess funds (after the rescission) from the
San Carlos Irrigation Project for trust reform costs related to
the ongoing Cobell and other litigation related to management
of Indian trust funds.
Departmental Offices
Departmental Management
SALARIES AND EXPENSES
The conference agreement provides $905,000 for Salaries
and Expenses as proposed by the House instead of $7,030,000 as
proposed by the Senate.
DEPARTMENT OF AGRICULTURE
Forest Services
WILDLAND FIRE MANAGEMENT
The conference agreement provides $50,000,000 as an
emergency contingent appropriation for Wildland Fire Management
instead of no funds as proposed by both the House and the
Senate
CAPITAL IMPROVEMENT AND MAINTENANCE
The conference agreement provides $3,500,000 for Capital
Improvement and Maintenance as proposed by the Senate instead
of no funding as proposed by the House.
RELATED AGENCY
Smithsonian Institution
SALARIES AND EXPENSES
The conference agreement provides $10,000,000 for
Salaries and Expenses instead of $11,000,000 as proposed by the
House and no funding as proposed by the Senate.
CONSTRUCTION
The conference agreement provides $2,000,000 for
Construction as proposed by both the House and the Senate.
GENERAL PROVISIONS, THIS CHAPTER
Section 701 retains the text of House section 701
mandating the release of previously appropriated emergency
firefighting funds to the Forest Service.
Section 702 retains the text of House section 702
providing that no funds, except funds appropriated to the
Office of Management and Budget, can be spend to study the
transfer of research functions from the Smithsonian Institution
to the National Science Foundation.
Section 703 modifies the text of House section 703
dealing with the collection and retention of fees at Midway
Atoll National Wildlife Refuge. The modification allows the
Secretary of the Interior to charge reasonable fees for
services provided at Midway Atoll National Wildlife Refuge,
including fuel sale, and retain those fees for operation and
maintenance of infrastructure and staff required for non-refuge
specific needs, including, but not limited to, activities and
equipment required for airport operating certification and the
purchase of fuel. The Fish and Wildlife Service currently has
an airport operating certificate as provided in 49 U.S.C.
44706. The Service should continue to maintain certification
and recoup costs from organizations that directly benefit from
airfield certification, as well as charging fees for services.
The Service also should establish cooperative agreements to
facilitate continued airfield operations.
Section 704 retains the text of Senate section 701
providing authority to the MMS to recover transportation and
administrative costs associated with filling the Strategic
Petroleum Reserve.
Section 705 makes a technical modification to the text of
House section 704 dealing with reciprocal authority for
treatment of foreign and U.S. firefighters. The Senate
addressed this issue in section 702. The balance of Senate
section 702, dealing with the Black Hills National Forest, is
addressed in section 706.
Section 706 replaces the text of Senate section 702
dealing with the Black Hills National Forest. The managers have
agreed to bill language, which allows the Forest Service to
undertake actions to address promptly the risk of fire and
insect infestation in the Black Hills National Forest, SD. IN
addition, the language designates a small addition to the
existing lack Elk Wilderness area on the forest.
The conference agreement does not include language
proposed by the House in section 705 prohibiting the Department
of Defense from being held responsible for civilian water
consumption that is outside the boundaries of a military
installation and beyond the direct authority and control of the
Secretary of Defense for purposes of the Endangered Species
Act.
CHAPTER 8
DEPARTMENT OF LABOR
Employment and Training Administration
TRAINING AND EMPLOYMENT SERVICES
The conference agreement deletes funding provided in both
bills for Training and Employment Services. The House bill had
provided $300,000,000 and the Senate bill provided
$400,000,000. The conferees have decided that these funds
should be considered during the regular fiscal year 2003
appropriations process.
The conferees understand that the Department is cutting
its support for capacity building efforts of national community
based organizations. The conferees urge the Department to
reconsider its support for these organizations in this fiscal
year. Heretofore, the Committee have provided considerable
latitude to the Department in the allocation of capacity
building funds. However, this may need to be reconsidered in
the fiscal year 2003 appropriations process.
The conferees note that young adults, age 16 to 24 have
been disproportionately affected by the decline in total
employment over the past year. Therefore, the conferees
strongly urge that special attention be given to the employment
needs of young adult dislocated workers in utilizing available
funds for dislocated worker assistance.
The conferees were pleased to learn from the Secretary
that the Administration has established an interagency effort
to address our nation's nursing shortage. The shortage is
especially critical in rural America and within various ethnic
minority populations. The Department is strongly urged to work
with nursing programs that work with these affected populations
and, in particular, to ensure that summer employment
opportunities exist for nursing students.
The conferees concur with language contained in the
Senate report directing the Department to award a grant for the
New Mexico Telecommunications Call Center Training Consortium.
COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS
The conferees direct the Department of Labor to implement
the grantee responsibility tests under Section 514(d) of the
Older Americans Act and to conduct a grant competition for only
those Title V funds administered by national grantees that fail
to be deemed responsible. The conferees further direct the
Department to implement corrective action, as set forth in
Section 514(e) of the Older Americans Act, for any national
grantee failing to meet established performance measures. The
conferees expect the Department to also implement performance
measures and competition for states as authorized under Section
514(f) of the Act.
PENSION BENEFIT GUARANTY CORPORATION
The conferees express deep concern regarding actions
taken by the Pension Benefit Guaranty Corporation (PBGC) on
June 14, 2002 to terminate pension plans in advance of a plant
shutdown in order to avoid paying ``shutdown'' benefits that
had been negotiated between a company and its workers. This
policy shift was made without advance notice to the parties
involved. Furthermore, this policy adjustment is a significant
change in the practice that the PBGC had engaged in over the
past eight years. The action taken by the PBGC will result in
disparate treatment of workers in similar situations, with
workers in a plant that shutdown prior to June 14, 2002
receiving ``shutdown'' benefit and workers in a plant that
shutdown after June 14, 2002 not receiving ``shutdown''
benefits. The conferees strongly urge the PBGC to reconsider
its action to terminate several pension plans on June 14, 2002.
Occupational Safety and Health Administration
SALARIES AND EXPENSES
The conference agreement includes a provision proposed by
the Senate to direct the allocation of funds within the funds
provided in Public Law 107-116 to extend funding for
Institutional Competency Building training grants for the
period September 30, 2002 through September 30, 2003, but
specifies not less than $3,200,000 for this purpose, instead of
$4,275,000 as proposed by the Senate. The House bill contains
no similar provisions. The conference agreement deletes
language proposed by the Senate to restore $1,000,000 for
Institutional Competency Building training grants which
commenced in September 2000, for program activities ending
September 30, 2002. It also deletes, without prejudice,
language proposed by the Senate specifying that $5,900,000 be
used to extend funding for targeted training grants for the
period September 30, 2002 through September 30, 2003; this bill
language is no longer necessary, since the conferees understand
that the Labor Department intends to provide second-year
funding to all targeted training grants which commenced in
September2001 for program activities for the period of
September 30, 2002 to September 30, 2003, provided that a grantee has
demonstrated satisfactory performance.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
HEALTH RESOURCES AND SERVICES
The conference agreement includes bill language proposed
by both the House and Senate to revise the funding earmarked
for the construction and renovation of health care facilities
within the total funding previously appropriated for the
account, with one additional bill language provision that
changes the grantee for a $4,000,000 project within the
Maternal and Child Health grant program from Columbia Hospital
for Women Medical Center, Washington, D.C. to All Children's
Hospital, St. Petersburg, Florida.
The conferees make the following modification to the
report language in the House and Senate bills. The funds
available in Public Law 107-116 to carry out Section 417C of
the Public Health Service Act (42 U.S.C. 285a-9) are to be used
for grants for education, prevention and early detection of
radiogenic cancers and diseases, of which $1,000,000 shall be
available to enter into a contract or cooperative agreement
with the National Research Council to conduct a study under
which the Council shall: (1) provide technical assistance to
the Health Resources and Services Administration (HRSA) and its
grantees on improving accessibility and quality of medical
screening, education and referral services; (2) report to HRSA
on the most recent scientific information related to radiation
exposure and associated cancers or other diseases, with
recommendations for improving services for exposed persons; and
(3) review and make recommendations on whether other classes of
individuals or additional geographic areas should be covered
under the Radiation Exposure Compensation Act (RECA) program.
The Council shall provide semi-annual interim reports to HRSA
including technical assistance provided, study findings, and
recommendations. The final report will be completed and
presented by HRSA to Congress by June 30, 2005.
With respect to the $4,000,000 All Children's Hospital
provision, the conferees clarify that the project is to be
completed by September 30, 2005.
Centers for Disease Control and Prevention
DISEASE CONTROL, RESEARCH AND TRAINING
The conference agreement provides $1,000,000 in
supplemental funds for the Centers for Disease Control and
Prevention. This is $314,000,000 below the amount provided by
the Senate and the same as provided by the House. Funds are
provided as a contingent emergency appropriation.
The conference agreement includes $1,000,000 to
accelerate and expand work related to prion diseases, the same
as provided by the House. The Senate bill included no funds for
this purpose.
The conferees concur in language included in the House
report concerning the inclusion of all relevant Centers in the
development and implementation of the health-tracking network.
National Institutes of Health
Office of the Director
The conferees endorse the report language included in the
House report recommending that the Director allocate up to
$500,000 from the funding provided in this account in Public
Law 107-116 for the Foundation for the National Institutes of
Health (NIH). The Senate report did not include similar
language.
BUILDINGS AND FACILITIES
(INCLUDING RESCISSION)
The conference agreement includes a rescission of
$30,000,000, as proposed by the House and Senate, to be taken
from the two sources identified in the House and Senate
reports. The conference agreement also includes bill language
to clarify the original intent of the conferees to provide in
Public Law 107-116 $36,600,000 within this account for the John
Edward Porter Neuroscience Research Center, as requested by the
Administration in justification materials accompanying the
budget request. This funding would support both Phase I of the
project and the design of Phase II.
The conference agreement does not include $72,000,000 in
emergency funding for NIH campus security enhancements as
proposed in the Senate bill. The House bill did not include a
similar provision.
Centers for Medicare and Medicaid Services
PROGRAM MANAGEMENT
The conference agreement does not include the provision
in the Senate bill specifying $1,000,000 for the Johns Hopkins
School of Medicine for a study of chest oscillation therapy for
chronic obstructive pulmonary disease. Neither the
Administration's request or the House bill included the
provision.
The conferees agree to the House report language
regarding the Medicare appeals process established by the
Benefits Improvement and Protection Act of 2000 with the
following modification. The requested report should address the
costs of implementing the appeals process and the Department's
plans for that implementation.
The conferees have been very pleased with the efforts of
CMS under its demonstration authority to address the
extraordinary adverse health status of Native Hawaiians in
Waimanalo, Hawaii. The conferees urge an additional focus upon
American Samoan residents in that geographical area utilizing
the expertise of the Waimanalo Health Center and its Mauli Ola
Program.
Administration for Children and Families
CHILDREN AND FAMILIES SERVICES PROGRAMS
The conference agreement includes $500,000 for the
domestic violence hotline as proposed by the House. The Senate
bill contained no similar provision. These funds are provided
on an emergency contingent basis.
Office of the Secretary
PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND
The Conference agreement includes $90,000,000 within the
Public Health and Social Services Emergency Fund for the CDC to
support the protection, monitoring and study of the health of
emergency services personnel and rescue and recovery personnel
exposed to environmental contaminants in the wake of the
terrorist attacks of September 11, 2001 at the World Trade
Center in New York City. This is the same amount as provided in
the Senate bill. The House bill included no similar provision.
These funds are provided on an emergency contingent basis.
The Conferees concur in the guidance included in the
Senate report, with the further understanding that activities
undertaken are to include clinical examination and evaluation
as appropriate. The conferees request an implementation plan to
be provided to both Committees within six months of the
enactment of this Act, and annual reports thereafter on
accomplishments, funds obligated, funds expended, and remaining
balances.
DEPARTMENT OF EDUCATION
SCHOOL IMPROVEMENT PROGRAMS
The conference agreement includes language relating to
the expenditure of funds for digital programming in the Ready
to Teach program as proposed by the Senate. The House bill
contained no similar language.
The conference agreement includes a technical correction
relating to the amounts of funding available for the Fund for
the Improvement of Education and the Cooperative Civic
Education program as proposed by both the House and the Senate.
The conference agreement also includes technical
corrections to various projects.
STUDENT FINANCIAL ASSISTANCE
The conference agreement includes $1,000,000,000 to help
relieve a shortfall in the Pell grant program and provides that
these funds shall be available until September 30, 2003, as
proposed by the House. The Senate bill provided $1,000,000,000
for the same purpose but designated that amount as an
emergency.
HIGHER EDUCATION
The conference agreement includes technical corrections
to various projects as proposed by the House and the Senate.
EDUCATIONAL RESEARCH, STATISTICS, AND ASSESSMENT
The conference agreement includes a technical correction
allowing the contract for the Eisenhower National Clearinghouse
for Mathematics and Science Education to be continued for one
additional year. The House bill contained no similar language.
GENERAL PROVISIONS
Section 801. The conference agreement includes a
permanent change to section 8003 of the Elementary and
Secondary Education Act of 1965, as amended, that modifies the
number of students required in a portion of the payment formula
for heavily impacted districts as proposed by the Senate. The
House bill contained no similar provision.
Section 802. The conference agreement includes a
permanent change to section 8003(b)(1) of the Elementary and
Secondary Education Act of 1965, as amended, that modifies the
provision on determining a school district's local contribution
rate as proposed by the Senate. The House bill contained no
similar provision.
Section 803. The conference agreement includes the
$45,000,000 rescission in administrative and related expenses
in the Department of Labor, Health and Human Services, and
Education included in the Senate bill, amended to remove the
language requiring that the reduction be done on a pro-rata
basis. The House bill contained no similar provision. Specific
rescission amounts are to be determined and distributed by the
Office of Management and Budget. The conferees direct the
Office of Management and Budget to distribute this
administrative reduction in such a way that reductions-in-force
and furloughs of departmental personnel do not occur.
Section 804. The conferees have included bill language
from the Senate bill identifying the ``National Research
Service Awards'' program as the ``Ruth L. Kirschstein National
Research Service Awards'' program. This action is being taken
to honor the career of Dr. Ruth L. Kirschstein. A native of
Brooklyn, New York, Dr. Kirschstein received a B.A. degree
magna cum laude in 1947 from Long Island University. In 1951,
she received her M.D. from Tulane University School of
Medicine.
From 1957 to 1972, Dr. Kirschstein performed research in
experimental pathology at the Division of Biologics Standards
(now the Center for Biologics Evaluation and Research, Food and
Drug Administration). During that time, she helped develop and
refine tests to assure the safety of viral vaccines for such
diseases as polio, measles and rubella. Her work on polio led
to the selection of the Sabin vaccine for public use.
Since 1974, Dr. Kirschstein has been serving in
leadership positions at the National Institutes of Health
(NIH). When she first began her service to NIH, she served as
Director of the National Institute of General Medical Sciences.
She held this position for 14 years. From 1990 to 1991, Dr.
Kirschstein also served as Acting Associate Director of the NIH
on research on women's health.
Dr. Kirschstein served as Acting Director of the National
Institutes of Health between January 2000 and May 2002. Prior
to that post, Dr. Kirschstein served as the Deputy Director
between 1993 and 1999. Dr. Kirschstein has received many honors
and awards, including the Presidential Meritorious Executive
Rank Award, 1980; election of theInstitute of Medicine, 1982; a
doctor of science degree from Mr. Siani School of Medicine, 1984; the
Presidential Distinguished Executive Rank Award, 1983; an honorary
doctor of laws degree from Atlanta University, 1985; an honorary doctor
of science degree from the Medical College of Ohio, 1986; an honorary
doctor of humane letters from Long Island University, 1991; and
election as a fellow of the American Academy of Arts and Sciences,
1992. In 2001, she received honorary degrees from Spelman College and
from Georgetown University Medical School.
Dr. Kirschstein has been both a visionary and a leader
during her service at NIH and has helped to make it the world's
premier biomedical research agency. In particular, Dr.
Kirschstein led the cutting edge of two of the most important
research trends of this generation. She played a pivotal role
in launching the Human Genome Project. She is also credited
with providing early and crucial support to women's health
studies, services and programs for the NIH and pioneering the
NIH Office of Women's Health Research.
While serving as Acting Director of NIH, Dr. Kirschstein
has worked with Congress to achieve a doubling of the NIH
budget. Through her leadership, commitment, contributions and
unselfish service to the biomedical research community and NIH,
Dr. Kirschstein continues to serve her nation. The conferees
believe the naming of the National Research Service Awards as
the Ruth L. Kirschstein National Research Service Awards is a
fitting tribute to her outstanding service to this country.
Section 805. The conference agreement includes a
provision proposed by the Senate that exempts Alaska from
section 166 of the Community Renewal Tax Relief Act of 2000.
The House bill contained no similar provision.
Section 806. The conference agreement includes a
provision proposed by the Senate to reallocate funds provided
for a Labor project in the FY2001 bill. The House bill
contained no similar provision.
Section 807. The conference agreement includes a
provision allowing the Secretary of Education to transfer
lapsing funds at the end of fiscal year 2002 to program
administration in an amount not to exceed any reduction
pursuant to section 803 of this Act, but not more than
$5,000,000. Neither the House nor Senate bills contained this
provision.
The conference agreement does not include a permanent
change to the Higher Education Amendments of 1998 regarding the
Grants to States for Workplace and Community Transition
Training for Incarcerated Youth Offenders program as proposed
by the Senate. The House bill contained no similar provision.
The conference agreement does not include language
specifying a new distribution of Title I funds within the New
York City public school system as proposed by the Senate. The
House bill contained no similar provision.
CHAPTER 9
LEGISLATIVE BRANCH
House of Representatives
The conference agreement provides $1,600,000 for Standing
Committees, Special and Select for the Permanent Select
Committee on Intelligence.
Joint Items
CAPITOL POLICE BOARD, GENERAL EXPENSES
The conference agreement provides $16,100,000 for general
expenses for the United States Capitol Police. Of this amount,
$12,500,000 is provided for reimbursement to the Environmental
Protection Agency for anthrax investigations and cleanup to the
Capitol Complex.
Library of Congress
Copyright Office
SALARIES AND EXPENSES
The conference agreement provides an additional direct
appropriation of $7,500,000, as requested, to offset the
decreased level of receipts resulting from months of mail
suspension.
Administrative Provisions--This Chapter
Sec. 901. The conferees have included an administrative
provision regarding Senators' Official Personnel and Office
Expense Account.
Sec. 902 and Sec. 903. The conferees have included two
provisions making a technical correction regarding a House item
and a Senate item to P.L. 107-117.
Sec. 904. A provision has been included providing Economy
Act authorization to the CAO of the House of Representatives.
Sec. 905. The conferees have included a provision
authorizing the Architect of the Capitol to procure space for
an alternate computer facility for the legislative branch.
Sec. 906. A provision has been included which establishes
an account for the Architect of the Capitol to be titled
``Capitol Police Buildings and Grounds.''
Sec. 907. A provision has been included authorizing the
Architect of the Capitol to acquire Property for the use of the
Capitol Police.
CHAPTER 10
DEPARTMENT OF DEFENSE--MILITARY CONSTRUCTION
MILITARY CONSTRUCTION, AIR FORCE
The conference agreement includes $7,250,000 for this
account instead of $8,505,000 as proposed by the House. The
reduced amount is based on the Air Force's revised execution
strategy for the projects provided in the House passed bill.
The Senate did not have a similar provision. Included in the
account are the following projects:
------------------------------------------------------------------------
Location/Installation Project title Cost
------------------------------------------------------------------------
Diego Garcia....................... Communications $3,450,000
Switching Facility.
Diego Garcia....................... Stuffing/Unstuffing 3,200,000
Pad.
Worldwide Various.................. Planning and Design... 600,000
------------
Total.......................... ...................... 7,250,000
------------------------------------------------------------------------
These funds are designated as contingent emergency
requirements.
MILITARY CONSTRUCTION, DEFENSE-WIDE
(INCLUDING TRANSFER OF FUNDS)
The conference agreement includes $21,500,000 for this
account as proposed by the House. The Senate did not include a
similar provision. Of this amount, $19,600,000 is provided for
construction of a Joint Operations Complex at Fort Bragg, North
Carolina. The remaining $1,900,000 is provided for planning and
design of the project.
These funds are designated a contingent emergency
requirements.
GENERAL PROVISIONS--THIS CHAPTER
The conference agreement includes one general provision.
The conference agreement includes a provision, Section
1001, as proposed by the Senate, which allows funds made
available in this Act to be used for military construction
projects with a requirement to provide Congress a 15-day prior
notification. The House did not include a similar provision.
CHAPTER 11
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
SALARIES AND EXPENSES
TRANSPORTATION ADMINISTRATIVE SERVICE CENTER
(LIMITATION ON OBLIGATIONS)
The conference agreement increases the fiscal year 2002
obligation for the Transportation Administrative Service Center
from $116,023,000 to $128,123,000 to accommodate additional
security needs of the Department, as proposed by the House. The
Senate bill also increased the limitation, but in a general
provision. The conferees do not concur with language included
in the Senate report on the simultaneous termination of visas
and drivers' licenses.
Transportation Security Administration
(INCLUDING TRANSFER OF FUNDS)
The recommendation includes $3,850,200,000 for activities
of the Transportation Security Administration (TSA), instead of
$3,850,000,000 as proposed by the House and $4,702,525,000 as
proposed by the Senate. Of the total, the bill provides that
$480,200,000 is designated as a contingent emergency
appropriation, and $1,030,000,000 is to be transferred to the
Federal Emergency Management Agency (FEMA) for reimbursement of
``bridge loans'' made to TSA out of Emergency Response Fund
resources previously set-aside for FEMA activities in New York
City. Funds are available until expended, as proposed by the
Senate, instead of until September 30, 2003, as proposed by the
House.
The conference agreement includes, and the bill
specifies, additional funding for critically-needed
transportation security improvements which were not included in
the request, as follows:
Activity Amount
Modifications of airports to install checked baggage
explosive detection systems, including trace
detection systems................................... $225,000,000
Grants to port authorities and other entities for
security enhancements and port incident training at
U.S. ports.......................................... 125,000,000
Procurement of air-ground communications systems for
federal air marshals................................ 15,000,000
Intercity bus security.................................. 15,000,000
Operation safe commerce................................. 28,000,000
Airport terminal security............................... 17,000,000
Radiation detection system test and evaluation.......... 4,000,000
Security research and development and pilot projects.... 10,000,000
TSA reprogramming procedures.--The conferees are
concerned that, including funds in this bill, $6,200,000,000 is
being provided to TSA in fiscal year 2002, with no
reprogramming guidelines or clearly-defined programs, projects,
and activities (PPAs) established or proposed by the
administration. TSA's budget requests include a mixture of
operating and capital expenses, which would normally involve
separate appropriations with strict controls over transfers. In
addition, TSA's budget information has sometimes been
contradictory, and has not been submitted in a common format
allowing useful budgetary comparisons or an appropriate level
of detail to be used for reprogramming controls. Consequently,
the conferees direct TSA to follow the existing reprogramming
procedures for the Department of Transportation. These
guidelines establish the following minimum thresholds for
reporting proposed funding shifts to Congress:
Proposed actions involving funding shifts of more
than 15 percent of new budget authority for the
benefiting or providing PPA, or $1,000,000, whichever
is less; or
Proposed actions of any size that deviate from high
priority Congressional interests and requirements, as
reflected in report language and documented in DOT's
annual Base for Reprogramming Actions.
To implement these procedures, a list of PPAs must be
developed against which the reprogramming thresholds apply. To
establish this, the conferees direct TSA to provide a fiscal
year 2002 reprogramming baseline to the House and Senate
Committees on Appropriations no later than August 9, 2002. This
document shall serve as the baseline document for future
reprogrammings, and shall include, at a minimum, the following
PPAs:
Third Party Screening Contracts, National Guard
Costs, State and Local Law Enforcement Officers,
Intelligence Office Costs;
ACS Field Staff Salary and Benefits and Other
Costs, ACS Research/IPT Staff Salary and Benefits and
Other Costs, ACS Security Specialists Salary and
Benefits and Other Costs, Explosive Detection Research
and Development, Human Factors Research, Aircraft
Hardening and Airport Security Technology Research,
Other Research, Research Pilot and Demonstration
Projects;
Frontline Passenger Screener Salary and Benefits
and Other Costs, Supervisor Passenger Screener Salary
and Benefits and Other Costs;
Frontline Passenger Screener Salary and Benefits
and Other Costs, Supervisor Passenger Screener Salary
and Benefits and Other Costs;
TSA Cargo Inspectors Salary and Benefits and Other
Costs;
Law Enforcement Officer Salary and Benefits; Law
Enforcement Officer Other Costs, Law Enforcement
Supervisor Salary and Benefits, Law Enforcement
Supervisor Other Costs;
Federal Air Marshal Salary and Benefits, Federal
Air Marshal Other Costs, Federal Air Marshal Supervisor
Salary and Benefits, Federal Air Marshal Supervisor
Other Costs;
Federal Security Director Salaries and Benefits and
Other Costs, Airport Management and Staff Salaries and
Benefits, Airport Management and Staff Other Costs,
Headquarters Salary and Benefits, Headquarters Other
Costs;
Passenger Screener Hiring Contracts, Passenger
Screener Training Contracts, Baggage Screener Hiring
Contracts, Baggage Screener Training Contracts; and
EDS/ETD Site Survey, EDS Integrator, Next
Generation EDS, CAPPS-II Data Integration, Maintenance
for Leased Screening, Start-Up and Administrative
Support, Planning and Deployment, Equipment
Implementation, EDS Purchase, EDS Installation, ETD
Purchase, ETD Installation, Checkpoint Equipment,
Equipment Maintenance, Information Technology Projects,
Time and Attendance and Property Inventory Systems,
Credentialing Project.
TSA performance goals and performance reporting.--The
Senate directed TSA to publish, on its website, monthly
statistics for each airport regarding compliance with the ten
minute wait time goal. Rather than reporting on a single goal,
the conferees agree that TSA should track and publish
information on a wide variety of goals, so this new agency's
growth and overall performance can be closely monitored by the
Congress, taxpayers, and the traveling public. Therefore, the
conferees direct TSA, as soon as possible, to begin reporting
on the wait time goals on its website as proposed by the
Senate. The conferees also direct that TSA begin reporting on
its website, or under separate cover to the Congress as
security concerns dictate, monthly performance information for
each of the following measures:
Percent of commercial airports with permanent
federal security directors on the job;
Percent of airports with TSA conducting passenger
and baggage screening;
Percent of required EDS and ETD systems deployed;
Percent of airports utilizing the CAPPS II system;
Percent of commercial aircraft with phase II
cockpit doors installed;
Average wait time at passenger screening checkpoint
for federalized airports;
Number of complaints per 1,000 passengers for
federalized airports;
Security cost per originating passenger for
federalized airports; and
Percent of major ports with port vulnerability
assessments completed.
Where applicable, this information should be presented on
an airport-by-airport or airline-by-airline basis, and the TSA
should include in its reports the specific information on the
wait time goal proposed by the Senate. While the conferees
acknowledge that appropriate goals for TSA will change after
the agency's start-up period, it is critical to begin
developing a baseline of performance information against which
future budget requests may be evaluated and management
oversight directed.
Status reports on hiring and salary costs.--The Aviation
and Transportation Security Act provided TSA with broad
flexibility to set pay rates for its employees outside the
federal general schedule. While this provision was intended to
allow the agency flexibility in establishing its workforce, the
conferees are concerned that some positions are being hired at
rates, which are above those for similar positions in other
federal agencies. To monitor these expenses, TSA is directed to
begin submitting to the House and Senate Committees on
Appropriations, on a monthly basis, a report on the number of
employees the agency has on board for each of the agency's job
series. This report should include, at a minimum: (1) a
description of each job series; (2) the number of individuals
employed in each job series; (3) the total annual salary cost,
average and median salary costs, and standard deviation for
salary distributions for each job series; and (4) the degree to
which the agency has fulfilled the diversity goals as
articulated by the Under Secretary in testimony. Every two
months, the report should include a comparison of average
salary costs and the percentage change for each job series
during the two month period. It is expected that the same data
will be provided regarding federal air marshals, even if such
data is transmitted separately due to security considerations.
Contract oversight.--TSA is currently budgeting over
$3,000,000,000 for start-up contract costs in fiscal year 2002.
These include contracts for recruiting, hiring, and training
TSA's workforce; purchasing and deploying equipment; and
administrative support. Given that TSA is exempt from most
federal acquisition requirements and is undergoing rapid
growth, the conferees are concerned that contracts may be let
and managed without sufficient internal controls to monitor
contractor performance and guard against waste, fraud, and
abuse. Accordingly, the conferees direct that, for each
contract the agency enters into, TSA shall set aside one
percent of the total contract costs for contract oversight
activities. These activities should include, but are not
limited to: (1) overseeing contractor and subcontractor
performance with respect to cost, schedule, and quality; (2)
monitoring billings; (3) providing for independent cost audits
by the Defense Contract Audit Agency; and (4) overseeing the
volume of undefinitized contract actions and the timely
definitization of contracts. TSA is directed to report to the
House and Senate Committees on Appropriations at the beginning
of each fiscal quarter on the number and dollar amount of all
contracts let, including task orders placed under existing
contracts, the dollars allocated for contract oversight and the
nature of oversight activities undertaken. At the time this
information is submitted to Congress, TSA should also provide
such information to the Department of Transportation Inspector
General for his review and analysis. At the request of the
Committees on Appropriations, the Inspector General has been
conducting a review of TSA's budget and financial management.
Because this information has been useful in determining
appropriate funding levels for TSA, the IG is directed to
continue its efforts and report to the Appropriations
Committees as necessary.
Veteran's preference in hiring.--Within the next two
months, TSA plans to hire over 40,000 people. The Aviation and
Transportation Security Act requires that ``the Under Secretary
shall provide a preference for the hiring of an individual as a
security screener if the individual is a member or a former
member of the armed forces''. The conferees are concerned that
with the initial TSA screener hiring, veterans who ``passed''
the TSA test were offered jobs 83% of the time, while non-
veterans who ``passed'' the TSA test were offered jobs 88% of
the time. The conferees direct the Inspector General to review
TSA's implementation of the veterans preference requirement and
submit a report to the House and Senate Committees on
Appropriations by August 31, 2002.
DOT credentialing project.--Recently the Transportation
Security Administration announced the establishment of the DOT
credentialing project. This project's major goal is the
development and provision of a standardized transportation
worker identification card (TWIC) for all personnel--
government, commercial, non-profit and others--requiring access
to secure facilities in any mode of transportation nationwide.
TSA's view is that such a system must include a single type of
card with access to a single, secure network of databases. This
project is much larger in scope than envisioned at the time the
fiscal year 2003 budget request was submitted. The conferees
have several concerns with this project as currently proposed:
TSA appears to have selected a particular type of
identification card, with inadequate justification or
consultation with Congress or affected industries
concerning the cost or requirements.
Security vulnerabilities of the system have not
been adequately explained;
TSA has not explained the program's costs or how
such a large effort, spanning several industries, will
be financed; and
The agency has provided no details on how much
funding is included in the fiscal year 2002 or 2003
budgets for this effort or details on anticipated pilot
projects at airports.
Given the inadequate planning and consultation on this
effort, the conferees direct TSA not to obligate further
funding for this effort except through existing reprogramming
procedures which require written notification to the Congress
and approval of the expenditure. The conferees will work with
TSA in development of the fiscal year 2003 Department of
Transportation and Related Agencies Appropriations Act to
resolve these issues.
Airport modifications to install explosive detection
systems.--The conferees have provided a total of $738,000,000
for the costs of the physical modification of commercial
service airports for the purpose of installing explosive
detection systems. The amount provided is $225,000,000 more
than the level requested by the Administration. The conferees
note that a number of airports, including Seattle-Tacoma
International Airport, are in the process of constructing new
terminal facilities at precisely the same time that the new
explosive detection systems must be installed. In the case of
the South Terminal Expansion Project (STEP) at Seattle-Tacoma
International Airport, the sudden requirement to install
explosive detection systems has triggered dramatic cost
increases in the project due to the requirement to redesign and
reconfigure the terminal in mid-construction. As such, the
conferees direct that, in allocating the resources provided
over and above the Administration's request for EDS
installation, the Under Secretary be attentive to the needs of
the South Terminal Expansion Project and other airport projects
in a similar circumstance. The conferees understand that
Anchorage International Airport and Kansas City International
Airport may be in similar circumstances.
Radiation detection system test and evaluation.--The
conferees are aware of emerging technologies designed to detect
the illicit trafficking of radioactive material. U.S. and
international agencies are currently utilizing portable
radiation search tools (PRST) for these purposes, and the
conferees believe this technology holds great promise in
protecting our nation's ports and waterways. The conference
agreement includes $4,000,000 to the Transportation Security
Administration, in coordination with the Coast Guard and the
Department of Energy, for testing, evaluation, and procurement
of PRST to determine the viability of this technology in
providing effective detection of this specific nuclear threat.
Threat image projection x-ray systems.--The conferees
continue to support x-ray training systems known as ``threat
image projection'' (TIP) systems, which have already been
deployed at major airports. TSA has recognized that TIP-ready
x-ray screening systems can significantly strengthen checkpoint
security by enhancing screener performance, through continuous
analysis and training. The conferees encourage TSA to continue
the acquisition and deployment of TIP-ready x-ray systems at
all commercial service airports.
Port security grants.--The conference agreement includes
$125,000,000 for port security grants, instead of $75,000,000
as proposed by the House and $200,000,000 as proposed by the
Senate. The bill specifies that $20,000,000 is provided to
develop and conduct emergency incident response training and
exercises at ports. The conferees do not agree with the
Senate's proposal to limit grant awards to applications already
submitted. Instead, the conference agreement assumes that
grants will be awarded in as wise and expeditious a manner as
possible, using merit-based criteria.
Pulsed Fast Neutron Analysis (PFNA).--The conferees
believe that the Pulsed Fast Neutron Analysis technology shows
extraordinary promise as a higher speed alternative to existing
technologies for detecting explosives and other contraband in
checked baggage. The conferees direct the Under Secretary to
use funds provided for security research and development and
pilot projects to demonstrate and test the efficacy of the PFNA
technology for this application in the field.
Biometrics.--The conferees expect the Under Secretary to
use funds provided for security research and development and
pilot projects to demonstrate the use of biometric technology
to improve security.
Reconciliation of aviation security costs and
responsibilities.--The conferees direct that final report of
the Under Secretary and the DOT General Counsel regarding
aviation security costs and responsibilities be submitted to
the House and Senate Committees on Appropriations no later than
August 15, 2002.
U.S. COAST GUARD
OPERATING EXPENSES
The conference agreement includes $200,000,000, to be
available until September 20, 2003, instead of $210,000,000 as
proposed by the House and $318,400,000 as proposed by the
Senate. Of the total, $11,000,000 is designated as a
contingency emergency appropriation. Increases above the
requested amount are as follows:
Activity Amount
Maintain reserves....................................... $4,000,000
Port vulnerability assessments.......................... 6,000,000
PACAREA ship refueling capability....................... 1,000,000
Pacific Area ship refueling capability.--The conferees
concur in the House proposal to provide $1,000,000 to address
at-sea refueling needs for drug interdiction activities in the
Eastern Pacific. These funds are specifically to be under the
control of the Commander, Joint Interagency Task Force
(JIATF)--East for the immediate procurement of at-sea refueling
capability to extend the range and endurance of drug
interdiction assets in that region.
ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS
The conference agreement includes $328,000,000 instead of
$78,000,000 as proposed by the House and $347,700,000 as
proposed by the Senate. Funds are available until September 30,
2004, as proposed by the Senate. Of the total, $262,000,000 is
designated as a contingent emergency appropriation. The
conference agreement includes the following funding:
Vessels:
Boarding and escort patrol boats (CPBs)............. $36,000,000
87 foot coastal patrol boat small boat replacement.. 2,100,000
--------------------------------------------------------
____________________________________________________
Subtotal.................................... 38,100,000
Aircraft: Priority initiatives.......................... 200,000,000
Other equipment:
Ports and waterways safety systems.................. 22,929,000
Cutter defense messaging system replacement......... 4,800,000
--------------------------------------------------------
____________________________________________________
Subtotal.................................... 27,729,000
Shore facilities:
Homeland security shore infrastructure support...... 8,171,000
Station Oak Island, NC fire damage repair/rebuild... 4,000,000
Priority initiatives................................ 50,000,000
--------------------------------------------------------
____________________________________________________
Subtotal.................................... 62,171,000
Boarding and escort patrol boats.--The bill includes
$36,000,000 for procurement of additional 87-foot Barracuda
class coastal patrol boats. Along with the 110-foot Island
class, these boats are the backbone of Coast Guard's homeland
defense in our ports, waterways, and territorial waters. The
conferees believe these additional homeland security assets are
needed as a top priority.
Ports and waterways safety systems.--The conference
agreement includes $22,929,000 to upgrade the port surveillance
and vessel tracking capability in the high-value ports of New
York, New York; Houston-Galveston, Texas; and Port Arthur,
Texas.
Priority initiatives.--The conference agreement includes
$250,000,000 for critical acquisition, construction, and
improvement activities, including $200,000,000 for aircraft and
$50,000,000 for shore facilities. The conferees direct that
none of these funds may be obligated until submission of a
report to the House and Senate Committees on Appropriations on
the specific line items and activities to be funded and the
rationale for each proposed expenditure.
FEDERAL AVIATION ADMINISTRATION
OPERATIONS
The conference agreement includes $42,000,000 instead of
$100,000,000 as proposed by the Senate. Funds are designated as
a contingent emergency appropriation. The House bill included
no similar appropriation. In addition, the conferees agree to
language allowing the FAA to transfer up to $33,000,000 from
unobligated balances of ``Facilities and equipment'' to this
appropriation, instead of $25,000,000 as proposed by the House.
The conferees believe the combined resources of $75,000,000
provide herein will accommodate the agency's highest priority
operating needs for the balance of fiscal year 2002, including
payroll and overtime costs for air traffic controllers and
space rental requirements. These accounts were depleted earlier
this year to address unbudgeted security initiatives. This
transfer shall be subject to the Congressional reprogramming
procedures.
Controller shortage, Newark International Airport.--The
conferees agree to direct FAA to submit the report on air
traffic controller shortages at Newark International Airport as
included in section 1007 of the Senate bill. As specified in
that section, the report is due thirty days after enactment of
this Act. The Administrator shall submit such report to the
House and Senate Committees on Appropriations and the
authorizing committees of jurisdiction.
FACILITIES AND EQUIPMENT
(AIRPORT AND AIRWAY TRUST FUND)
The conference agreement includes $7,500,000 instead of
$15,000,000 as proposed by the Senate. These funds are
designated as a contingent emergency, and are for
rehabilitation of ARSR-4 long range radar systems, which are
being kept in service due to security concerns since the
terrorist attacks of September 11, 2001. The House bill
included no similar appropriation.
GRANTS-IN-AID FOR AIRPORTS
(AIRPORT AND AIRWAY TRUST FUND)
The conference agreement includes $150,000,000, instead
of $200,000,000 as proposed by the House and $100,000,000 as
proposed by the Senate. These funds are to enable the
Administrator to compensate airports for a portion of the
direct costs associated with new, additional or revised
security requirements imposed on airport operators by the
Administrator on or after September 11, 2001. The conferees
agree with direction of the Senate regarding the distribution
of these funds. Funds are to be derived from the airport and
airway trust fund as proposed by the Senate, instead of from
the general fund as proposed by the House, and are designated
as a contingent emergency appropriation.
FEDERAL HIGHWAY ADMINISTRATION
Federal-Aid Highways
EMERGENCY RELIEF PROGRAM
(HIGHWAY TRUST FUND)
As proposed by both the House and the Senate, the
conference agreement included $167,000,000 from the highway
trust fund to fully fund the restoration and reconstruction of
Federal-aid highways-eligible state and local roads in New York
City damaged by the September 11th terrorist attacks. It also
waives the local match for these funds and exempts these
projects from the $100,000,000 per-disaster cap in emergency
relief funding.
The conference agreement also includes $98,000,000,
designated as a contingent emergency appropriation from the
highway trust fund, for nationwide needs of the emergency
relief program instead of $120,000,000 as proposed by the
Senate. The House provided no similar appropriation. This
funding level fully satisfies FHWA's estimates of emergency
relief needs, as of June 11, 2002, for states and territories,
as shown in the table below, In addition, the estimates include
$12,000,000 for repair of the I-40 Bridge in Oklahoma. The
conferees expect emergency relief amounts needed for federal
land highway management agencies will be addressed in the
$100,000,000 authorization that will be available on October 1,
2002.
Emergency Relief
State/territory Needs Estimate
Alabama................................................. $1,871,000
American Samoa.......................................... 1,278,000
Arizona................................................. 1,066,000
Arkansas................................................ 13,950,000
Colorado................................................ 2,530,000
Guam.................................................... 672,000
Minnesota............................................... 678,000
Missouri................................................ 2,475,000
New Jersey.............................................. 11,704,000
New York................................................ 309,000
North Dakota............................................ 12,470,000
Ohio.................................................... 2,551,000
Oklahoma................................................ 13,415,000
Oregon.................................................. 399,000
Pennsylvania............................................ 1,138,000
Puerto Rico............................................. 1,315,000
South Dakota............................................ 717,000
Texas................................................... 12,813,000
Virginia................................................ 684,000
Washington.............................................. 13,411,000
West Virginia........................................... 2,357,000
Federal-Aid Highways
(HIGHWAY TRUST FUND)
(RESCISSION OF CONTRACT AUTHORIZATION)
The conference agreement includes a rescission of
$320,000,000 in unspent contract authority available to the
states under the five core formula highway programs as proposed
by the Senate. The House included no such rescission. This
rescission will have no impact on fiscal year 2002 highway
construction activities, because such funds are above annual
limitations on obligations and are therefore not available for
obligation during fiscal year 2002.
FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION
Border Enforcement Program
(HIGHWAY TRUST FUND)
The conference agreement includes $19,300,000 for the new
border enforcement program within the Federal Motor Carrier
Safety Administration, as proposed by both the House and
Senate. Of the amount provided, $4,200,000 is to fund the
implementation of section 1012 of the USA PATRIOT Act, which
includes up to 34 additional federal personnel; $8,000,000 is
for driver's license fraud detection and prevention projects,
including $800,000 for a contract effort to develop a unique
identifier for commercial drivers' licenses; $2,000,000 is to
develop a hazardous materialsecurity and education outreach
program and to conduct a northern border safety and security study; and
$5,100,000 is for coordinating state drivers' license registration and
social security number verification.
Consistent with both House and Senate language, the
conferees direct the Texas Department of Transportation to
consult with the City of Laredo and consider their concerns
regarding site selection for a cross-border inspection
facility. The conferees reinforce that federal safety
requirements must be met in any site selection decision. The
conferees also agree with language proposed by the Senate that
under no circumstances should the FMCSA approve a site for such
an inspection facility if the location compromises the ability
to enforce all statutory and regulatory safety requirements,
including those enacted as part of the Department of
Transportation and Related Agencies Appropriations Act, 2002.
Hazardous Materials Safety Permits
(HIGHWAY TRUST FUND)
As proposed by the House, the conference agreement
includes $5,000,000 from the highway trust fund to implement
the permit program required by law for those motor carriers
transporting the most dangerous hazardous materials. The Senate
included no such appropriation. Funds are designated as a
contingent emergency appropriation. The conferees extended the
implementation date of the permit program to December 1, 2002.
The conferees also expect the Research and Special Programs
Administration to share data on hazardous materials
registrations with the Federal Motor Carrier Safety
Administration on a monthly basis.
The conferees are aware of several commercially-available
technologies that could potentially enhance the security of
hazardous materials transportation. FMCSA, FHWA, and DOT's
Intelligent Transportation Systems Joint Program Office are
conducting operational tests of technology to prevent
unauthorized drivers from operating a vehicle, systems for
detecting a vehicle that is off-route, and systems to remotely
shut off the vehicle engine. The conferees direct FMCSA to
submit a report to the House and Senate Committees on
Appropriations no later than December 1, 2002 that evaluates
the potential of these technologies.
FEDERAL RAILROAD ADMINISTRATION
Grants to the National Railroad Passenger Corporation
The conference agreement includes $205,000,000 for
operating assistance to the National Railroad Passenger
Corporation (Amtrak) instead of the $55,000,000 as proposed by
the Senate. The House bill contained no similar appropriation.
These are for necessary expenses to operate the railroad
through the remainder of this fiscal year. On June 28, 2002,
Amtrak entered into an agreement with the Department of
Transportation through which Amtrak received a direct loan of
$100,000,000, which the agreement contemplates will be repaid
by Amtrak's fiscal year 2003 appropriation. As part of that
agreement, Amtrak agreed to provide the DOT with certain
operational and financial data. Such data includes: All revenue
and expenses associated with rail operations by route; budgeted
and actual expenditures for all capital investments; monthly
performance reports; a report on Amtrak's operating
relationships with commuter rail systems; and an inventory and
valuation of Amtrak's assets as well as a timetable for
obtaining an updated valuation of those assets.
The conferees expect Amtrak to transmit this information
to the House and Senate Committees on Appropriations at the
same time as it is transmitted to the Department of
Transportation.
The agreement between Amtrak and DOT also calls on
Amtrak's management to present to Amtrak's Board of Directors a
prioritized list of expense reduction options totaling at least
$100,000,000 for fiscal year 2003--expense reductions that the
Board of Directors must apply to critical maintenance needs
throughout the Amtrak system. The conferees direct that this
list of expense reductions, as well as a list of such critical
maintenance projects, be provided to the House and Senate
Committees on Appropriations no later than August 31, 2002--the
date stipulated in the Amtrak-DOT agreement.
FEDERAL TRANSIT ADMINISTRATION
Capital Investment Grants
As proposed by both the House and Senate, the conference
agreement provides $1,800,000,000 in capital investment grants
to replace, rebuild, or enhance mass transportation systems
serving the Borough of Manhattan, New York City, New York.
RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION
Research and Special Programs
The conference agreement includes no funding to relocate
and upgrade the Department's crisis management center into a
new transportation information operations center (TIOC),
instead of $2,100,000 proposed by the House under the
Transportation Security Administration and $3,500,000 proposed
by the Senate. Because of the recent announcement to establish
a new, cabinet-level Department of Homeland Security, and the
possible transfer of TSA and the Coast Guard to that
department, the conferees have deferred funding for this item
pending a final determination regarding DOT's restructured role
in security and crisis management.
GENERAL PROVISIONS--THIS CHAPTER
The conference agreement amends the House provision that
makes certain projects and activities contained in the fiscal
year 2002 Department of Transportation and Related Agencies
Appropriations Act eligible to receive fiscal year 2002 funds.
The amendment expands the provision to include activities of
the Job Access and Reverse Commute program. The Senate proposed
no similar provision.
The conference agreement includes language proposed by
the Senate, instead of language proposed by the House,
regarding TSA's payment for rental space at airports.
The conference includes language proposed by the Senate
regarding the calculation of tonnage for shipbuilding purposes.
The House bill contained no similar provision.
The conference agreement includes the Senate provision
clarifying the alignment of a highway project in Mississippi
made eligible for enhancement funding in the fiscal year 2001
Department of Transportation and Related Agencies
Appropriations Act. The House proposed no similar provision.
The conference agreement includes the Senate provision
that redirects $2,750,000 in previously appropriated
intelligent transportation system program funds to the Drexel
University Intelligent Infrastructure Institute for purposes
authorized in the Transportation Equity Act for the 21st
Century. The House proposed no similar provision.
In addition to the location correction for the I-74
Mississippi River Bridge project in Illinois proposed by the
House, the conferees include a location correction for another
project contained in the conference agreement accompanying the
fiscal year 2002 Department of Transportation and Related
Agencies Appropriations Act. The designation ``GSB-88
Emulsified binder treatment research, Alabama'', under the
transportation and community and system preservation pilot
program, should read ``GSB-88 Emulsified binder treatment
research, Tennessee''.
CHAPTER 12
DEPARTMENT OF THE TREASURY
Federal Law Enforcement Training Center
SALARIES AND EXPENSES
The conferees agree to provide $15,870,000 as proposed by
the House.
Financial Management Service
SALARIES AND EXPENSES
(RESCISSION)
The conferees agree to rescind $14,000,000 of Public Law
107-20 as proposed by the House in section 1201 of the House
bill instead of $14,000,000 of Public Law 107-67 as proposed by
the Senate. The conferees have no objection to any remaining
unobligated balances from Public Law 107-20 being used for
computer security.
United States Customs Service
SALARIES AND EXPENSES
The conferees agree to provide $39,000,000 instead of no
funding as proposed by the House and $59,000,000 as proposed by
the Senate. This funding is provided for startup costs,
including staffing and technology, for the Container Security
Initiative (CSI). The conferees did not include funding, as
proposed by the Senate, for monitoring and investigating
importation of products made with forced labor, nor did they
include a provision proposed by the Senate authorizing the
Customs Service to reimburse State and local law enforcement
agencies for assistance along the Northern Border.
PRISON LABOR
The conferees note that the United States Customs Service
has the responsibility for monitoring and investigating the
importation into the United States of products made with forced
labor, the importation of which violates section 307 of the
Tariff Act of 1930 or section 1761 of title 18, United States
Code.
The manufacture of goods made using prison, forced, or
indentured labor continues to be an unfair trading practice
used by a large number of countries despite the long-standing
prohibition on importation of these goods into the United
States. The use of forced labor by other countries hurts fair-
trading U.S. businesses and defrauds U.S. consumers. The
conferees are particularly concerned about countries that
refuse to enforce their own laws that prohibit the exportation
of forced labor-made goods to the United States, and those
countries, such as China, that have not fulfilled their
obligations under existing bilateral agreements with the United
States pertaining to the inspection of suspected forced labor
facilities by appropriate U.S. officials.
The conferees strongly urge the Customs Service to
require importers to provide certification to establish that
goods entering U.S. ports were made by legitimate foreign
companies that do not use prison, forced, or indentured labor.
Furthermore, the conferees strongly urge the Customs Service to
use fully its authority to block the importation of goods that
are suspected to have been made using forced labor, especially
in cases in which the United States has requested of a foreign
country an inspection of a specific factory or other facility,
but the requested inspection has not taken place in a timely
manner.
Internal Revenue Service
INFORMATION SYSTEMS
(RESCISSION)
The conferees agree to rescind $10,000,000 as proposed by
the Senate instead of no rescission as proposed by the House.
Internal Revenue Service
BUSINESS SYSTEMS MODERNIZATION
The conferees agree to provide $14,000,000 as proposed by
the House in section 1201 of the House bill instead of no
rescission as proposed by the Senate.
United States Secret Service
SALARIES AND EXPENSES
The conferees agree to provide $28,530,000 instead of
$46,750,000 as proposed by the House and $17,200,000 as
proposed by the Senate. The funding includes $17,224,000 to
fund the costs of establishing and expanding electronic crimes
task forces, as authorized under the USA PATRIOT Act of 2001,
$7,491,000 for 51 positions required for additional protective
details pursuant to Executive Order, and $3,815,000 in support
of the workforce stabilization and retention initiative.
Postal Service
PAYMENT TO THE POSTAL SERVICE FUND
The conferees agree to provide $87,000,000 for emergency
expenses of the Postal Service as proposed by both the House
and Senate.
Executive Office of the President
OFFICE OF ADMINISTRATION
The conferees agree to provide $3,800,000 for emergency
expenses of the Office of Administration, instead of $5,000,000
as proposed by the Senate and no funding as proposed by the
House. The conferees have denied funding for additional space
requirements, travel support and support staff. The conferees
agree not to include a provision, as proposed by the Senate,
that funds provided to the Office of Administration may not be
obligated until the Senate confirms a Director for Homeland
Security.
OFFICE OF MANAGEMENT AND BUDGET
(RESCISSION)
The conferees agree to rescind $100,000, instead of
$750,000 as proposed by the House and no rescission as proposed
by the Senate.
Election Administration Reform and Related Expenses
The conferees agree to provide $400,000,000 for election
administration reform, instead of $450,000,000 as proposed by
the House and the Senate. The conferees agree make these funds
available to the appropriate Federal entities upon enactment of
legislation for election administration reform; these funds are
provided to the Office of Management and Budget, as proposed by
House, and with technical modifications, instead of being
provided to the Office of Justice Programs, as proposed by the
Senate.
Federal Election Commission
SALARIES AND EXPENSES
The conferees agree to provide $750,000 as proposed by
the House instead of no funding as proposed by the Senate.
INDEPENDENT AGENCIES
General Services Administration
FEDERAL BUILDINGS FUND
The conferees agree to provide $21,800,000 instead of
$51,800,000 as proposed by both the House and the Senate.
General Services Administration
POLICY AND OPERATIONS
The conferees agree to provide no funding as proposed by
the House instead of $2,500,000 as proposed by the Senate.
GENERAL PROVISIONS, THIS CHAPTER
Section 1201. The conferees agree to include a provision
prohibiting the use of funds to transfer the functions,
missions, or activities of the United States Customs Service to
the Department of Justice.
Section 1202. The conferees agree to include a provision
granting the Federal Law Enforcement Training Center the
authority to hire federal retirees for a period of up to five
years.
Section 1203. The conferees agree to include a provision
deeming the Eisenhower Exchange Fellowship Program to be an
executive agency for certain purposes, modified from Section
1101 of the Senate to make the provision permanent.
The conferees agree not to include a provision related to
Alaska Mail Delivery; this provision is included as a new Title
in this Act.
The conferees agree not to include a provision
establishing the position of Director of Homeland Security, as
proposed by the Senate.
The conferees agree not to include Section 1201 as
proposed by the House regarding a rescission of funds from the
Financial Management Service and an appropriation of funds to
the Internal Revenue Service.
CHAPTER 13
DEPARTMENT OF VETERANS AFFAIRS
Veterans Benefits Administration
COMPENSATION AND PENSIONS
The conferees have provided $1,100,000,000 for
compensation and pensions as proposed by the Senate. The House
did not include funding for this account.
Veterans Health Administration
MEDICAL CARE
The conferees have provided $417,000,000 for medical care
as proposed by the House and the Senate.
The conferees have included language proposed by the
House directing VA to distribute all of the funds to the VISNs
according to VERA and directing the Centers for Medicare and
Medicaid Services (CMS) to issue each VA health care facility a
provider number, which in no way obligates CMS to reimburse VA
for services. The Senate made no similar provisions.
The conferees reiterate report language proposed by the
House prohibiting the funds to be used for any purpose other
than direct health care services for priority 1-6 veterans and
language proposed by the Senate directing the Secretary to
report to the Committees on Appropriations on measures taken to
ensure accurate workload and resource needs estimates in future
budget justifications.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Public and Indian Housing
HOUSING CERTIFICATE FUND
(RESCISSION)
The conference agreement rescinds $388,500,000 from
unobligated balances remaining available in the House
Certificate Fund, instead of $300,000,000 as proposed in the
House and Senate bills. Modified language is included, similar
to language proposed by the House, allowing the Department to
apply the rescission against the Section 8 program or any other
program in the Department, instead of limiting the rescission
to only the Section 8 program as proposed in the Senate bill.
The conference agreement does not include language proposed by
the House bill prohibiting the rescission of any funds governed
by statutory reallocation provisions, but instead includes
language to allow the rescission to be applied against any
program. Should the amounts available in the Section 8 program
be insufficient to meet the required rescission, the Department
is directed to notify the Committee of its plan to meet the
rescission target, with such notification being provided at
least seven days prior to implementation of the rescission.
Community Planning and Development
COMMUNITY DEVELOPMENT FUND
The conference agreement includes an emergency
appropriation of $783,000,000 for assistance to properties and
businesses, including restoration of damaged infrastructure,
and for economic revitalization activities in the areas of New
York City affected by the September 11, 2001 terrorist attacks,
instead of $750,000,000 as proposed by the House and Senate.
The conferees recognize the tremendous human losses
suffered by those businesses located in the World Trade Center,
particularly those firms which suffered the greatest loss of
life in the attacks. Because of the conferees' strong desire to
support the redevelopment of the areas of New York City
affected by the attacks and to encourage those businesses most
devastated by the attacks to remain in New York City, the
conferees have provided a $33,000,000 increase over the
request. The conferees expect that these additional funds will
be made available to assist those firms located in New York
City at the time of the terrorist attacks which suffered a
disproportionate loss of its workforce and who intend to re-
establish their operations in New York City.
The conferees concur with the language included in the
House report encouraging the Lower Manhattan Development
Corporation to consider the needs of utility companies and
other institutions affected by the World Trade Center attacks.
The conference agreement includes modified language,
similar to language proposed by the House and Senate, making
technical corrections to specific grants funded in prior
appropriations Acts.
HOME INVESTMENT PARTNERSHIPS PROGRAM
(RESCISSION)
The conference agreement rescinds $50,000,000 from fiscal
year 2002 funds made available contingent upon enactment of an
authorization, as proposed by the Senate. The House did not
include a similar rescission.
Housing Programs
RENTAL HOUSING ASSISTANCE
(RESCISSION)
The conference agreement rescinds $300,000,000 from
contract authority in excess of amounts required to subsidize
mortgage payments pursuant to section 236 of the National
Housing Act, as proposed by the House.
Language proposed by the Senate is not included directing
the Department to use the excess contract authority to
implement a rehabilitation grant program. The House did not
include a similar provision.
INDEPENDENT AGENCIES
DEPARTMENT OF HEALTH AND HUMAN SERVICES
National Institutes of Health
NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES
The conferees have provided $8,000,000 to undertake and
continue research and worker training programs related to the
September 11, 2001 terrorist attacks as proposed by the House.
Of this amount, the conferees agree that $4,000,000 is
available for the research program and $4,000,000 is available
for worker training.
Agency for Toxic Substances and Disease Registry
TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC HEALTH
The conferees have provided $11,300,000 for direct and
indirect costs of the Agency associated with the terrorist
attacks of September 11, 2001 as well as for further efforts of
the Agency to respond to chemical terrorism events, as proposed
by the House. Of this amount, the conferees agree that
$1,800,000 is to reimbursement ATSDR for additional direct and
indirect costs related to the events of September 11, 2001
which were not assumed in the fiscal year 2002 appropriation.
The conferees further agree that $9,500,000 is expected
to be used to enhance the capacity of the States to respond to
chemical terrorism events. In this regard, the conferees note
that these and similar expenses are expected to be ``one time
only'' costs of the Agency to assist the States and are not to
become recurring costs in support of new State personnel.
Environmental Protection Agency
SCIENCE AND TECHNOLOGY
The conference agreement provides $50,000,000 to perform
security vulnerability assessments of small and medium sized
drinking water systems instead of $100,000,000 as proposed by
the Senate and no funds as proposed by the House.
ENVIRONMENTAL PROGRAMS AND MANAGEMENT
(TRANSFER OF FUNDS)
The conferees have included language which transfers
$400,000 appropriate in fiscal year 2002 from the Environmental
Programs and Management account to the State and Tribal
Assistance Grants account for wastewater and sewer
infrastructure improvements in the Town of Rosman, North
Carolina.
HAZARDOUS SUBSTANCE SUPERFUND
The conferees have included $12,500,000 for reimbursement
to the Environmental Protection Agency for costs associated
with the investigation and cleanup of Anthrax within the United
States Capitol and Congressional building complex and the
Legislative Branch appropriations in this legislation as
proposed by the House instead of providing this reimbursement
directly to the EPA as proposed by the Senate.
STATE AND TRIBAL ASSISTANCE GRANTS
The conferees have included bill language making
technical corrections to seven specific grants provided in
fiscal years 2001 and 2002 instead of five such corrections as
proposed by the House and one such correction as proposed by
the Senate.
Federal Emergency Management Agency
DISASTER RELIEF
The conferees have agreed to provide $2,650,700,000 in
emergency funding for disaster relief, instead of
$2,750,000,000 as proposed by the House and $2,660,000,000 as
proposed by the Senate. The amount appropriated includes a
reduction of $99,300,000 from the original supplemental
request. The conferees have also agreed to retain the House
Language that provides for the funds to be used to carry out
the Federal Fire Prevention and Control Act of 1975.
Additionally, the conferees agree to include language proposed
by the Senate which will establish criteria for the Mortgage
and Rental Assistance Program for victims of September 11, 2001
and directs compensation for applicants who had previously been
denied benefits. The conference agreement does not include
House language with regard to the Texas Medical Center.
For the purposes of the September 11, 2001 attack on the
World Trade Center, measures taken by eligible private non-
profit colleges and universities to protect the health and
safety of students and faculty residing in areas affected by
the disaster will be eligible for reimbursement.
The conferees agree that FEMA is directed to provide
compensation to the New York city School system for costs
stemming from the September 11, 2001 terrorist attacks for
activities including additional classroom instruction time,
mental health, trauma counseling, and other support services;
guidance and grief counseling; clean-up and structural
inspections and repairs of school facilities; and student
relocations, lost textbooks and perishable food.
The conferees agree with the direction contained in House
Report 107-480 with regard to the FEMA Inspector General review
of FEMA's statutory authorities and identification of any gaps
in coverage which may exist in dealing with disasters such as
the terrorists attacks of September 11, 2001.
DISASTER ASSISTANCE FOR UNMET NEEDS
The conferees have agreed to provide $23,200,000 for
disaster assistance for unmet needs, instead of $23,320,000 as
proposed by the House. The Senate did not include any funding
for this program. The amount will be available to address unmet
needs arising from Presidentially-declared disasters occurring
in fiscal year 2002.
EMERGENCY MANAGEMENT PLANNING AND ASSISTANCE
The conferees have agreed to provide $447,200,000 for
emergency management planning and assistance instead of
$151,700,000 as proposed by the House and $745,000,000 as
proposed by the Senate. Of the amount provided, $221,000,000 is
contingent emergency funding. The amount provided includes
$100,000,00 for State and local all hazards operational
planning; $150,000,000 for the fire grant program as authorized
by the Federal Fire Prevention and Control Act of 1974, as
amended; $25,000,000 for Citizen Corps; $56,000,000 for
emergency operations centers; $5,000,000 for development of
mutual aid agreements; $7,000,000 for procurement of secure
communications equipment; $54,200,000 for upgrading existing
Urban Search and Rescue Teams; and $50,000,000 for
interoperable communications equipment for firefighters and
emergency medical services. With regard to the amounts listed
above, FEMA is directed to notify the Committees on
Appropriations of the House and Senate of any funding changes
between $500,000 and $1,000,000. Any change in excess of
$1,000,000 may be made only upon prior approval of the
Committees. The conferees direct FEMA to provide a spending
plan prior to obligation of any funds for State and local all
hazards operational planning.
The conferees urge that grants under the interoperable
communications equipment programs be used to purchase cost
effective solutions which allow entities to make existing
communications interoperable such as cross band repeaters,
frequency band patching and other network level solutions. In
addition, equipment provided under these programs should be
compatible with public safety analog ANSI/TIA-603 and/or
digital radio ANSI/TIA-102 Standards.
CERRO GRANDE FIRE CLAIMS
The conferees agree to provide $61,000,000 in contingent
emergency appropriations for claims resulting from the Cerro
Grande fire. The conferees have included bill language which
makes up to 5% of the funds available for administrative
purposes. The conferees do not anticipate a need for additional
funding and expect FEMA and the Cerro Grande Fire Claims Office
to expedite all claims.
National Science Foundation
EDUCATION AND HUMAN RESOURCES
The conferees have provided $19,300,000 for the Federal
Cyber Service: Scholarships for Service program as proposed by
the Senate instead of no funds as proposed by the House.
In light of the apparent need for increased Federal
personnel with enhanced information infrastructure skills,
significant appropriations have been provided to ``jump start''
the program. With these supplemental funds, this new program
has been provided in excess of $30,000,000 for fiscal year
2002. At the same time, however, the fact remains that the
Administration has yet to develop and forward to the Congress a
comprehensive, short- or long-term plan relative to this
program. Prior to September 16, 2002, the NSF is directed to
provide to the Committees on Appropriations a report detailing
how this program will significantly increase the number of
federal cyber security personnel and the expected, long-term
costs of the program. In developing this report, NSF should
consult with other federal agencies that have experience in
running scholarships-for-service programs. This should include,
but not be limited to, the Departments of Education and Health
and Human Services.
GENERAL PROVISIONS--THIS CHAPTER
The conference agreement includes a provision increasing
the fiscal year 2002 total loan guarantee limitation to
$165,000,000,000 for the Federal Housing Administration (FHA)
single family mortgage insurance program as proposed by the
House. The Senate did not include a similar provision.
The conference agreement includes a provision increasing
the fiscal year 2002 total loan guarantee limitation to
$23,000,000,000 for the FHA general and specialized risk
mortgage insurance programs as proposed by the House. The
Senate did not include a similar provision.
The conference agreement includes language, modified from
language included in the Senate bill, directing the Department
of Housing and Urban Development to resume the Asset Control
Area Demonstration Program (ACA) by September 15, 2002.
Language also is included requiring that any agreement or
contract conform with applicable statutory requirements. In
April 2002, the Department issued a moratorium on new
agreements and contracts, including renewals of expiring
contracts, pending a review of the program and development of
appropriate program management tools and regulations to correct
deficiencies identified by the Inspector General. These
deficiencies were largely the result of the Department's
failure to manage the program consistent with the law. While
the conferees understand that such actions were necessary to
correct these deficiencies, the conferees are concerned that
the moratorium could be unduly punitive to those participants
whose programs have met the ACA demonstration program
objectives. The conferees believe it is important that the
Department expeditiously resolve this matter and resume the
program in areas that further the objectives of the program.
The House did not include a similar provision.
The conference agreement includes modified language,
similar to language included in the Senate bill, directing the
HUD Secretary to provide quarterly reports on the status of
certain defaulted FHA-insured multifamily housing projects. The
House did not include a similar provision.
The conference agreement includes language, modified from
language included in the Senate bill, to remove the use
restrictions on a property in Baltimore, Maryland, only for the
purposes of converting the property to student housing, subject
to certain requirements. These requirements include the full
payment of any outstanding mortgage balances and any
outstanding loan, and the use of residual receipts and
replacement reserves to pay for relocation of current tenants
with any excess to be returned to the Department of Housing and
Urban Development. Should the property not be converted to
student housing, the use restrictions would remain in effect.
The House bill did not include a similar provision.
CHAPTER 14
General Provisions--This Title
The conference agreement includes a provision as proposed
by both the House and the Senate that limits the availability
of funds provided in this Act.
The conference agreement includes the House provision
that fully offsets the revenue aligned budget authority
reduction required by TEA-21 in fiscal year 2003 by raising the
highway category guarantee and providing an additional
$4,369,000,000 in federal-aid highway obligation limitation,
for a total obligation limitation of $27,653,143,000. The
Senate bill included a provision directing that the federal-aid
highway obligation limitation in fiscal year 2003 be at least
$27,746,000,000 and not more than $28,900,000,000.
The conference agreement deletes a provision proposed by
the House to require the United States Government to take all
steps necessary to guarantee the full faith and credit of the
Government.
The conference agreement does not include the provision
contained in the House bill reclassifying certain counties in
Pennsylvania and New York for purposes of reimbursement under
the Medicare program. The conferees express in the strongest
terms their request that the authorizing committees of
jurisdiction, the Senate Finance Committee and the House Ways
and Means Committee, develop legislation as soon as possible to
address the geographic inequities that exist nationwide in
Medicare reimbursements because of the wage indices used.
The conference agreement includes a provision rescinding
$350,000,000 of previously appropriated funds made available
for administrative and travel expenses in all federal agencies
and offices. Theprovision specifies that individual rescissions
to implement this reduction shall be applied on a pro rata basis to
each office, agency, and Department in the executive branch that is
funded in Appropriations Acts. The Director of the Office of Management
and Budget shall provide a report to the Committees on Appropriation
within 30 days after the date of enactment of this Act describing: (1)
the amount rescinded in each office, agency, and Department; and (2)
the methodology used to identify the offices, accounts, and amounts to
be rescinded. Neither the House nor the Senate bill included a similar
provision.
The conference agreement modifies language proposed in
Title II of the Senate bill relating to the availability of
emergency appropriations in this Act. The conference agreement
provides that any amount in this Act for which availability is
made contingent upon an emergency designation by the President
shall not be available unless all such contingent amounts are
designated by the President. The designation must be made
within 30 days of enactment of this Act.
The conference agreement deletes a provision as proposed
in Title II of the Senate bill relating to a sense of the
Senate on the reorganization of the FBI.
TITLE II
American Service Members' Protection Act
The conference agreement includes the American Service
Members' Protection Act as proposed by the House and the
Senate. The conference agreement also includes a provision, as
proposed by the Senate, relating to assistance to international
efforts to bring certain individuals to justice.
TITLE III
Other Matters
The conference agreement includes a provision as proposed
by the House relating to adjustments to the Caribbean Basin
Economic Recovery Act with respect to textiles.
The conference agreement includes a provision relating to
mail delivery in Alaska, as proposed by the Senate, with
technical modifications. The House bill included a related
provision as section 1406.
The conference agreement includes a provision, as
proposed by the Senate, relating to amendments to the Alaska
Native Claims Settlement Act. The House bill contained no
similar provision.
CONFERENCE TOTAL--WITH COMPARISONS
The total new budget (obligational) authority for the
fiscal year 2002 recommended by the Committee of Conference,
with comparisons to the fiscal year 2002 budget estimates, and
the House and Senate bills for 2002 follow:
[In thousands of dollars]
Budget estimates of new (obligational) authority, fiscal
year 2002........................................... $29,512,519
House bill, fiscal year 2002............................ 28,775,894
Senate bill, fiscal year 2002........................... 32,614,644
Conference agreement, fiscal year 2002.................. 30,010,699
Conference agreement compared with:
Budget estimates of new (obligational)
authority, fiscal year 2002................... +498,180
House bill, fiscal year 2002.................... +1,234,805
Senate bill, fiscal year 2002................... -2,603,945
C.W. Bill Young,
Ralph Regula,
Jerry Lewis,
Harold Rogers,
Joe Skeen,
Frank R. Wolf,
Sonny Callahan,
James T. Walsh,
Charles H. Taylor,
David L. Hobson,
Ernest J. Istook,
Henry Bonilla,
Joe Knollenberg,
David R. Obey,
John P. Murtha,
Norman D. Dicks,
Martin Olav Sabo,
Steny H. Hoyer,
Alan B. Mollohan,
Marcy Kaptur,
Peter J. Visclosky,
Nita M. Lowey,
Jose E. Serrano,
John W. Olver,
Managers on the Part of the House.
Robert C. Byrd,
Daniel K. Inouye,
Ernest F. Hollings,
Patrick J. Leahy,
Tom Harkin,
Barbara A. Mikulski,
Harry Reid,
Herb Kohl,
Patty Murray,
Byron L. Dorgan,
Dianne Feinstein,
Richard J. Durbin,
Tim Johnson,
Mary L. Landrieu
Jack Reed,
Ted Stevens,
Thad Cochran,
Pete V. Domenici,
Christopher S. Bond,
Mitch McConnell,
Conrad Burns,
Richard C. Shelby,
Judd Gregg,
Robert F. Bennett,
Ben Nighthorse Campbell,
Larry Craig,
Kay Bailey Hutchison,
Mike DeWine,
Managers on the Part of the Senate.