80–808 

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 

2

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 freeranging animals: Provided further, That the entire amount is desVerDate Jul 17 2002 06:22 Jul 20, 2002 Jkt 080808 PO 00000 Frm 00002 Fmt 6659 Sfmt 6603 E:\HR\OC\HR593.XXX pfrm20 PsN: HR593
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ignated by the Congress as an emergency requirement pursuant to 

section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit 

Control Act of 1985, as amended: Provided further, That the entire 

amount shall be available only to the extent an official budget request that includes designation of the entire amount of the request 

as an emergency requirement as defined in the Balanced Budget 

and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. 

FOOD SAFETY AND INSPECTION SERVICE

For an additional amount for ‘‘Food Safety and Inspection 

Service’’, $13,000,000, to remain available until September 30, 2003: 

Provided, That the entire amount is designated by the Congress as 

an emergency requirement pursuant to section 251(b)(2)(A) of the 

Balanced Budget and Emergency Deficit Control Act of 1985, as 

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

NATURAL RESOURCES CONSERVATION SERVICE

WATERSHED AND FLOOD PREVENTION OPERATIONS

For an additional amount for ‘‘Watershed and Flood Prevention 

Operations’’, for emergency recovery operations, $144,000,000, to remain available until expended: Provided, That of this amount, 

$50,000,000 is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and 

Emergency Deficit Control Act of 1985, as amended: Provided further, That $50,000,000 shall be available only to the extent an official budget request, that includes designation of $50,000,000 as an 

emergency requirement as defined in the Balanced Budget and 

Emergency Deficit Control Act of 1985, as amended, is transmitted 

by the President to the Congress. 

RURAL DEVELOPMENT

RURAL COMMUNITY ADVANCEMENT PROGRAM

For an additional amount for ‘‘Rural Community Advancement 

Program’’ for emergency purposes for grants and loans as authorized by 7 U.S.C. 381E(d)(2), 306(a)(14), and 306C, $20,000,000, 

with up to $5,000,000 for contracting with qualified organization(s) 

to conduct vulnerability assessments for rural community water systems, to remain available until expended: Provided, That the entire 

amount is designated by the Congress as an emergency requirement 

pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, 

That the entire amount shall be available only to the extent an official budget request that includes designation of the entire amount 

of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as 

amended, is transmitted by the President to the Congress. 

4

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. 

5

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 deVerDate Jul 17 2002 06:22 Jul 20, 2002 Jkt 080808 PO 00000 Frm 00005 Fmt 6659 Sfmt 6603 E:\HR\OC\HR593.XXX pfrm20 PsN: HR593
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rived 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. 

7

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. 

8

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. 

9

DEPARTMENT OF COMMERCE AND RELATED AGENCIES 

RELATED AGENCIES 

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

SALARIES AND EXPENSES

For an additional amount for ‘‘Salaries and Expenses’’ for 

emergency expenses for increased security requirements, $1,100,000, 

to remain available until expended: Provided, That the entire 

amount is designated by the Congress as an emergency requirement 

pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, 

That the entire amount shall be available only to the extent that an 

official budget request, that includes designation of the entire 

amount of the request as an emergency requirement as defined in 

the Balanced Budget and Emergency Deficit Control Act of 1985, as 

amended, is transmitted by the President to the Congress. 

DEPARTMENT OF COMMERCE 

BUREAU OF THE CENSUS

PERIODIC CENSUSES AND PROGRAMS

(RESCISSION)

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

NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES

For an additional amount for ‘‘Scientific and Technical Research and Services’’ for emergency expenses resulting from new 

homeland security activities and increased security requirements, 

$37,100,000, of which $20,000,000 is for a cyber-security initiative: 

Provided, That the entire amount is designated by the Congress as 

an emergency requirement pursuant to section 251(b)(2)(A) of the 

Balanced Budget and Emergency Deficit Control Act of 1985, as 

amended: Provided further, That $33,100,000 shall be available 

only to the extent an official budget request that includes designation of the $33,100,000 as an emergency requirement as defined in 

the Balanced Budget and Emergency Deficit Control Act of 1985, as 

amended, is transmitted by the President to the Congress. 

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

OPERATIONS, RESEARCH, AND FACILITIES

(INCLUDING RESCISSION)

For an additional amount for ‘‘Operations, Research, and Facilities’’ for emergency expenses resulting from homeland security activities, $4,800,000, of which $2,000,000 is to address critical mapping and charting backlog requirements and $2,800,000 is for 

backup capability for National Oceanic and Atmospheric AdminisVerDate Jul 17 2002 06:22 Jul 20, 2002 Jkt 080808 PO 00000 Frm 00009 Fmt 6659 Sfmt 6603 E:\HR\OC\HR593.XXX pfrm20 PsN: HR593
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tration 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 secu- rity 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 

11

by the Congress 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 

12

by the Congress as an emergency 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.

13

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 

14

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 

15

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 

16

(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. 

17

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 

18

for the same purposes and for the same time period as the appropriation to which transferred: Provided further, That the transfer 

authority provided in this paragraph is in addition to any other 

transfer authority available to the Department of Defense: Provided 

further, That upon a determination that all or part of the funds 

transferred from this appropriation are not necessary for the purposes provided herein, such amounts may be transferred back to 

this appropriation: Provided further, That during the current fiscal 

year, upon a determination by the Secretary of Defense that funds 

previously made available to the ‘‘Defense Emergency Response 

Fund’’ are required to meet other essential operational or readiness 

requirements of the military services, the Secretary may transfer up 

to $275,000,000 of funds so required to the appropriate funds or appropriations of the Department of Defense, 15 days after notification 

to the congressional defense committees: Provided further, That the 

entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget 

and Emergency Deficit Control Act of 1985, as amended: Provided 

further, That $601,900,000 shall be available only to the extent that 

an official budget request that includes designation of $601,900,000 

as an emergency requirement as defined in the Balanced Budget 

and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. 

PROCUREMENT 

OTHER PROCUREMENT, ARMY

For an additional amount for ‘‘Other Procurement, Army’’, $79,200,000, to remain available for obligation until September 30, 

2004: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) 

of the Balanced Budget and Emergency Deficit Control Act of 1985, 

as amended. 

AIRCRAFT PROCUREMENT, NAVY

For an additional amount for ‘‘Aircraft Procurement, Navy’’, $22,800,000, to remain available for obligation until September 30, 

2004: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) 

of the Balanced Budget and Emergency Deficit Control Act of 1985, 

as amended. 

PROCUREMENT OF AMMUNITION, NAVY AND MARINE CORPS

For an additional amount for ‘‘Procurement of Ammunition, 

Navy and Marine Corps’’, $262,000,000, to remain available for obligation until September 30, 2004: Provided, That the entire amount 

is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency 

Deficit Control Act of 1985, as amended. 

OTHER PROCUREMENT, NAVY

For an additional amount for ‘‘Other Procurement, Navy’’, 

$2,500,000, to remain available for obligation until September 30, 

2004: Provided, That the entire amount is designated by the ConVerDate Jul 17 2002 06:22 Jul 20, 2002 Jkt 080808 PO 00000 Frm 00018 Fmt 6659 Sfmt 6603 E:\HR\OC\HR593.XXX pfrm20 PsN: HR593
19

gress 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 reVerDate Jul 17 2002 06:22 Jul 20, 2002 Jkt 080808 PO 00000 Frm 00019 Fmt 6659 Sfmt 6603 E:\HR\OC\HR593.XXX pfrm20 PsN: HR593
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quirement 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. 

21

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. 

22

(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 

23

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 emerVerDate Jul 17 2002 06:22 Jul 20, 2002 Jkt 080808 PO 00000 Frm 00023 Fmt 6659 Sfmt 6603 E:\HR\OC\HR593.XXX pfrm20 PsN: HR593
24

gency requirement 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.

25

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). 

26

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. 

27

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 

28

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’’. 

29

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’’; 

30

(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. 

31

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. 

32

OFFICE OF THE ADMINISTRATOR

For an additional amount for ‘‘Office of the Administrator’’ for 

emergency expenses, $1,750,000: Provided, That the entire amount 

is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency 

Deficit Control Act of 1985, as amended: Provided further, That the 

entire amount shall be available only to the extent an official budget 

request that includes designation of the entire amount of the request 

as an emergency requirement as defined in the Balanced Budget 

and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. 

ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES 

DEFENSE ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT

(INCLUDING RESCISSION)

For an additional amount for ‘‘Defense Environmental Restoration and Waste Management’’ for emergency expenses necessary to 

support safeguards and security activities, $56,000,000: Provided, 

That the entire amount shall be available only to the extent an official budget request that includes designation of the entire amount 

of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as 

amended, is transmitted by the President to the Congress: Provided 

further, That the entire amount is designated by the Congress as an 

emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as 

amended. 

Of the funds appropriated under this heading in Public Law 

107–66 and prior Energy and Water Development Appropriations 

Acts, $15,540,000 of unexpended balances are rescinded. 

DEFENSE FACILITIES CLOSURE PROJECTS

For an additional amount for ‘‘Defense Facilities Closure 

Projects’’ for emergency expenses necessary to support safeguards 

and security activities, $14,000,000: Provided, That the entire 

amount shall be available only to the extent an official budget request that includes designation of the entire amount of the request 

as an emergency requirement as defined in the Balanced Budget 

and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress: Provided further, That the 

entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget 

and Emergency Deficit Control Act of 1985, as amended. 

OTHER DEFENSE ACTIVITIES

For an additional amount for ‘‘Other Defense Activities’’ for 

emergency expenses necessary to support energy security and assurance activities, $7,000,000: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to 

section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit 

Control Act of 1985, as amended. 

33

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 

34

‘‘(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 com- bating 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 desVerDate Jul 17 2002 06:22 Jul 20, 2002 Jkt 080808 PO 00000 Frm 00034 Fmt 6659 Sfmt 6603 E:\HR\OC\HR593.XXX pfrm20 PsN: HR593
35

ignation of the entire amount of the request as an emergency 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 

36

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 ‘‘NON- PROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED PRO- GRAMS’’ 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 pipeVerDate Jul 17 2002 06:22 Jul 20, 2002 Jkt 080808 PO 00000 Frm 00036 Fmt 6659 Sfmt 6603 E:\HR\OC\HR593.XXX pfrm20 PsN: HR593
37

line 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 

38

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. 

39

EXPORT AND INVESTMENT ASSISTANCE 

EXPORT-IMPORT BANK OF THE UNITED STATES

(RESCISSION)

Of the funds appropriated under the heading ‘‘Export-Import 

Bank of the United States’’ that are available for tied-aid grants in 

title I of Public Law 107–115 and under such heading in prior Acts 

making appropriations for foreign operations, export financing, and 

related programs, $50,000,000 are rescinded. 

BILATERAL ECONOMIC ASSISTANCE 

FUNDS APPROPRIATED TO THE PRESIDENT

(RESCISSION)

Of the funds appropriated to carry out the provisions of parts 

I and II of the Foreign Assistance Act of 1961, the Support for East 

European Democracy (SEED) Act of 1989, and the FREEDOM Support Act, in title II of the Foreign Operations, Export Financing, 

and Related Programs Appropriations Act, 2000 (as contained in 

Public Law 106–113) and in prior Acts making appropriations for 

foreign operations, export financing, and related programs, 

$60,000,000 are rescinded: Provided, That not more than a total of 

$25,000,000 may be rescinded from funds appropriated under the 

heading ‘‘Development Assistance’’ in said Acts: Provided further, 

That no rescission may be made from funds appropriated to carry 

out the provisions of section 104(c) of the Foreign Assistance Act of 

1961. 

MULTILATERAL ECONOMIC ASSISTANCE 

FUNDS APPROPRIATED TO THE PRESIDENT

INTERNATIONAL FINANCIAL INSTITUTIONS

(RESCISSION)

The unobligated balances of funds provided in Public Law 92–

301 and Public Law 93–142 for maintenance of value payments to 

international financial institutions are rescinded. 

GENERAL PROVISIONS—THIS CHAPTER 

SEC. 601. (a) COUNTER-TERRORISM AUTHORITY.—

(1) In fiscal year 2002, funds available to the Department 

of State for assistance to the Government of Colombia shall be 

available to support a unified campaign against narcotics trafficking, against activities by organizations designated as terrorist organizations such as the Revolutionary Armed Forces of 

Colombia (FARC), the National Liberation Army (ELN), and 

the United Self-Defense Forces of Colombia (AUC), and to take 

actions to protect human health and welfare in emergency circumstances, including undertaking rescue operations. 

(2) This provision shall also apply to unexpired balances 

and assistance previously provided from prior years’ Acts available for the purposes identified in paragraph (1). 

40

(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 

41

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 

42

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. 

43

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 furVerDate Jul 17 2002 06:22 Jul 20, 2002 Jkt 080808 PO 00000 Frm 00043 Fmt 6659 Sfmt 6603 E:\HR\OC\HR593.XXX pfrm20 PsN: HR593
44

ther, That the entire amount is designated by the Congress as an 

emergency requirement 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. 

45

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. 

46

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. 

47

(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. 

48

(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, smoothVerDate Jul 17 2002 06:22 Jul 20, 2002 Jkt 080808 PO 00000 Frm 00048 Fmt 6659 Sfmt 6603 E:\HR\OC\HR593.XXX pfrm20 PsN: HR593
49

ing 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 silviculVerDate Jul 17 2002 06:22 Jul 20, 2002 Jkt 080808 PO 00000 Frm 00049 Fmt 6659 Sfmt 6603 E:\HR\OC\HR593.XXX pfrm20 PsN: HR593
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tural treatments to benefit game animal and bird habitat in meeting the purposes of the Norbeck Organic Act. The management actions required by subsections (f)(1) and (g) are deemed consistent 

with the Norbeck Organic Act (16 U.S.C. 675–678b). 

(i) NORBECK MEMORANDUM OF UNDERSTANDING.—By December 

1, 2003, the Secretary shall propose a Memorandum of Understanding with the South Dakota Department of Game, Fish and 

Parks to, at a minimum, adopt procedures to monitor the effects of 

management activities, consult on habitat management, concur on 

program areas of responsibility, and review and recommend as 

needed any changes to Norbeck Wildlife Preserve direction contained in the 1997 Revised Forest Plan and future plan amendments and revisions. The basis of the MOU will be the guidelines 

set forth in the May 21, 2002 memo by SDF&P. 

(j) PROCESS.—Due to the extraordinary circumstances present 

here, actions authorized by this section shall proceed immediately 

and to completion notwithstanding any other provision of law including, but not limited to, NEPA and the National Forest Management Act (16 U.S.C. 1601 et seq.). Such actions shall also not be

subject to the notice, comment, and appeal requirements of the Appeals Reform Act, (16 U.S.C. 1612 (note), Pub. Law No. 102–381 

sec. 322). Any action authorized by this Section shall not be subject 

to judicial review by any court of the United States. Except as provided by this Section the Settlement remains in full force and effect. 

(k) EFFECT OF ACTIONS.—Except for those actions required by 

subsections (f)(1) and (g), the Secretary shall disclose the effect of 

actions authorized by this Section in the proposed Elk Bugs and 

Fuels project cumulative effects analysis for past, present, and reasonably foreseeable future actions. The decision for the Elk Bugs 

and Fuels project shall be issued not later than July 1, 2003. 

(l) RESEARCH NATURAL AREA.—Except as provided in this Section, the Secretary shall undertake no additional ground disturbing 

or vegetation removal activities within the Beaver Park Roadless 

Area until completion of the Phase II amendment to the Black Hills 

National Forest Plan. The Secretary shall analyze the Beaver Park 

Roadless Area for suitability as a Research Natural Area, as required by the Settlement. The Secretary shall not consider any of 

the actions authorized or required by this section to affect the suitability of the Beaver Park Roadless Area for designation as a Research Natural Area. 

(m) ROADLESS CHARACTER.—The actions authorized by this section will not affect the determination of the Beaver Park Roadless 

Area’s wilderness capability, wilderness suitability, and/or roadless 

character. 

(n) WILDERNESS DESIGNATION.—Section 103 of Public Law 96–

560 is amended by—

(1) inserting ‘‘(1)’’ after ‘‘National Wilderness Preservation 

System:’’; and 

(2) adding before ‘‘: Provided, That’’ the following: ‘‘; and 

(2) certain lands in the Black Hills National Forest, South Dakota, which comprise approximately three thousand six hundred acres, as generally depicted on a map entitled ‘Black Elk 

Wilderness Addition-Proposed,’ dated June 13, 2002, and which 

shall constitute an addition to the existing Black Elk Wilderness’’. 

51

(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. 

52

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 

53

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 atrisk 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 technologybased 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 deVerDate Jul 17 2002 06:22 Jul 20, 2002 Jkt 080808 PO 00000 Frm 00053 Fmt 6659 Sfmt 6603 E:\HR\OC\HR593.XXX pfrm20 PsN: HR593
54

velopment 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’’;

55

(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 ServVerDate Jul 17 2002 06:22 Jul 20, 2002 Jkt 080808 PO 00000 Frm 00055 Fmt 6659 Sfmt 6603 E:\HR\OC\HR593.XXX pfrm20 PsN: HR593
56

ice: 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: 

57

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 

58

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 

59

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. 

60

MILITARY CONSTRUCTION, DEFENSE-WIDE

(INCLUDING TRANSFER OF FUNDS)

For an additional amount for ‘‘Military Construction, Defensewide’’, $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’’. 

61

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. 

62

U.S. COAST GUARD

OPERATING EXPENSES

For an additional amount for ‘‘Operating Expenses’’ for emergency expenses for homeland security and other purposes, 

$200,000,000, to remain available until September 30, 2003: Provided, That the entire amount is designated by the Congress as an 

emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as 

amended: Provided further, That of such amount, $11,000,000 shall 

be available only to the extent an official budget request that includes designation of the $11,000,000 as an emergency requirement 

as defined in such Act is transmitted by the President to the Congress. 

ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

For an additional amount for ‘‘Acquisition, Construction, and 

Improvements’’ for emergency expenses for homeland security and 

other purposes, $328,000,000, to remain available until September 

30, 2004, of which $38,100,000 shall be available to acquire, repair, 

renovate or improve vessels, small boats and related equipment; 

$200,000,000 shall be available to acquire new aircraft and increase 

aviation capability; $27,729,000 shall be available for other equipment; and $62,171,000 shall be for shore facilities and aids to navigation facilities: Provided, That the entire amount is designated by 

the Congress as an emergency requirement pursuant to section 

251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control 

Act of 1985, as amended: Provided further, That of such amount, 

$262,000,000 shall be available only to the extent an official budget 

request that includes designation of the $262,000,000 as an emergency requirement as defined in such Act is transmitted by the 

President to the Congress. 

FEDERAL AVIATION ADMINISTRATION

OPERATIONS

(INCLUDING TRANSFER OF FUNDS)

For an additional amount for ‘‘Operations’’, $42,000,000, for security activities at Federal Aviation Administration facilities: Provided, That the entire amount is designated by the Congress as an 

emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as 

amended: Provided further, That the entire amount shall be available only to the extent an official budget request that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress: Provided further, That an additional 

$33,000,000 may be derived by transfer from ‘‘Facilities and Equipment (Airport and Airway Trust Fund)’’. 

63

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.

64

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 

65

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)’’. 

66

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. 

67

INTERNAL REVENUE SERVICE

INFORMATION SYSTEMS

(RESCISSION)

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

rescinded. 

BUSINESS SYSTEMS MODERNIZATION

For an additional amount for ‘‘Internal Revenue Service, Business Systems Modernization’’, $14,000,000, to remain available 

until September 30, 2003. Such additional amount may not be obligated until the Internal Revenue Service submits to the Committees 

on Appropriations, and such Committees approve, a plan for the expenditure of such additional amount that complies with the requirements as specified in clauses (1) through (6) under such heading in 

Public Law 107–67. 

UNITED STATES SECRET SERVICE

SALARIES AND EXPENSES

For an additional amount for ‘‘Salaries and Expenses’’ for expenses related to the September 11, 2001 terrorist attacks against 

the United States, $28,530,000, to remain available until September 

30, 2003: Provided, That the entire amount is designated by the 

Congress as an emergency requirement pursuant to section 

251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control 

Act of 1985, as amended: Provided further, That the entire amount 

shall be available only to the extent that an official budget request, 

that includes designation of the entire amount of the request as an 

emergency requirement as defined in the Balanced Budget and 

Emergency Deficit Control Act of 1985, as amended, is transmitted 

by the President to the Congress. 

POSTAL SERVICE 

PAYMENT TO THE POSTAL SERVICE FUND

For an additional amount for ‘‘Payment to the Postal Service 

Fund’’ for emergency expenses to enable the Postal Service to protect 

postal employees and postal customers from exposure to biohazardous material and to sanitize and screen the mail, $87,000,000, 

to remain available until expended: Provided, That the entire 

amount is designated by the Congress as an emergency requirement 

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

EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS 

APPROPRIATED TO THE PRESIDENT 

OFFICE OF ADMINISTRATION

SALARIES AND EXPENSES

For an additional amount for ‘‘Salaries and Expenses’’, $3,800,000, to remain available until expended: Provided, That the 

entire amount is designated by the Congress as an emergency reVerDate Jul 17 2002 06:22 Jul 20, 2002 Jkt 080808 PO 00000 Frm 00067 Fmt 6659 Sfmt 6603 E:\HR\OC\HR593.XXX pfrm20 PsN: HR593
68

quirement 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: ProVerDate Jul 17 2002 06:22 Jul 20, 2002 Jkt 080808 PO 00000 Frm 00068 Fmt 6659 Sfmt 6603 E:\HR\OC\HR593.XXX pfrm20 PsN: HR593
69

vided, That the entire amount is designated by the Congress 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. 

70

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 

71

cooperation with the City of New York, shall, through the Lower 

Manhattan Development Corporation, distribute these funds: Provided further, That such funds may be used for assistance for properties and businesses (including the restoration of utility infrastructure) damaged by, and for economic revitalization directly related 

to, the terrorist attacks on the United States that occurred on September 11, 2001, in New York City and for reimbursement to the 

State and City of New York for expenditures incurred from the regular Community Development Block Grant formula allocation used 

to achieve these same purposes: Provided further, That the State of 

New York is authorized to provide such assistance to the City of 

New York: Provided further, That in administering these funds and 

funds under section 108 of title I of the Housing and Community 

Development Act of 1974, as amended, used for economic revitalization activities in New York City, the Secretary may waive, or specify 

alternative requirements for, any provision of any statute or regulation that the Secretary administers in connection with the obligation 

by the Secretary or the use by the recipient of these funds or guarantees (except for requirements related to fair housing, nondiscrimination, labor standards, and the environment), upon a finding that 

such waiver is required to facilitate the use of such funds or guarantees: Provided further, That such funds shall not adversely affect 

the amount of any formula assistance received by the State of New 

York, New York City, or any categorical application for other Federal assistance: Provided further, That the Secretary shall publish 

in the Federal Register any waiver of any statute or regulation that 

the Secretary administers pursuant to title I of the Housing and 

Community Development Act of 1974, as amended, no later than 5 

days before the effective date of such waiver: Provided further, That 

the Secretary shall notify the Committees on Appropriations on the 

proposed allocation of any funds and any related waivers pursuant 

to this section no later than 5 days before such allocation: Provided 

further, That the entire amount is designated by the Congress as an 

emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as 

amended. 

The referenced statement of the managers under the heading 

‘‘Community development block grants’’ in title II of Public Law 

105–276 is deemed to be amended by striking ‘‘$250,000 for renovation, accessibility, and asbestos remediation for the Wellstone Neighborhood Center, Wellstone, Missouri’’ and insert in lieu thereof 

‘‘$250,000 for the St. Louis Economic Council for design, infrastructure and construction related to the Enterprise Center-Wellstone in 

Wellstone, Missouri’’. 

The referenced statement of the managers under the heading 

‘‘Community development fund’’ in title II of Public Law 106–377 is 

deemed to be amended by striking ‘‘$2,000,000 is for the Louisville 

Community Development Bank for the Louisville Neighborhood Initiative’’ and inserting ‘‘$2,000,000 for neighborhood revitalization 

activities in Louisville, Kentucky, as follows: $170,000 to the Christian Church Homes of Kentucky for facility upgrades at Chapel 

House, $500,000 to the Louisville Medical Center Development Corporation for expansion of a research park, $400,000 to the Louisville 

Science Center for construction of a permanent exhibition, $150,000 

to the New Zion Community Development Foundation for renovaVerDate Jul 17 2002 06:22 Jul 20, 2002 Jkt 080808 PO 00000 Frm 00071 Fmt 6659 Sfmt 6603 E:\HR\OC\HR593.XXX pfrm20 PsN: HR593
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tion 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 

73

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 

74

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.

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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’’. 

76

The referenced statement of the managers under this heading in 

Public Law 107–73 is deemed to be amended by striking everything 

after ‘‘sewer’’ in reference to item number 183 and inserting ‘‘and 

drinking water upgrade project in Anaconda, Montana’’. The referenced statement of the managers under this heading in 

Public Law 107–73 is deemed to be amended by striking ‘‘the City 

of Florence, Montana’’ in reference to item number 184 and inserting ‘‘the Florence County Water and Sewer District’’. 

FEDERAL EMERGENCY MANAGEMENT AGENCY

DISASTER RELIEF

For an additional amount for ‘‘Disaster relief’’ for emergency expenses to respond to the September 11, 2001, terrorist attacks on the 

United States in carrying out the Robert T. Stafford Disaster Relief 

and Emergency Assistance Act (42 U.S.C. 5121 et seq.), and the 

Federal Fire Prevention and Control Act of 1974, as amended (15 

U.S.C. 2201 et seq.), $2,650,700,000, to remain available until expended: Provided, That in administering the Mortgage and Rental 

Assistance Program for victims of September 11, 2001, the Federal 

Emergency Management Agency will recognize those people who 

were either directly employed in the Borough of Manhattan or had 

at least 75 percent of their wages coming from business conducted 

within the Borough of Manhattan as eligible for assistance under 

the program, as they were directly impacted by the terrorist attacks: 

Provided further, That FEMA shall provide compensation to previously denied Mortgage and Rental Assistance Program applicants 

who would qualify under these new guidelines: Provided further, 

That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced 

Budget and Emergency Deficit Control Act of 1985, as amended. 

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 nonFederal 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 

77

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 

78

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 agreeVerDate Jul 17 2002 06:22 Jul 20, 2002 Jkt 080808 PO 00000 Frm 00078 Fmt 6659 Sfmt 6603 E:\HR\OC\HR593.XXX pfrm20 PsN: HR593
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ments, 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.

80

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 SERVICEMEMBERS’ 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 

81

‘‘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. 

82

(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 

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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. 

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(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, 

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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 opVerDate Jul 17 2002 06:22 Jul 20, 2002 Jkt 080808 PO 00000 Frm 00085 Fmt 6659 Sfmt 6603 E:\HR\OC\HR593.XXX pfrm20 PsN: HR593
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eration 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 

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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 

88

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 

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(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 nonNATO 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. 

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(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—

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(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. 

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(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 

93

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; 

94

‘‘(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; 

95

‘‘(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—

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‘‘(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—

97

‘‘(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); 

98

‘‘(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). 

99

‘‘(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 perVerDate Jul 17 2002 06:22 Jul 20, 2002 Jkt 080808 PO 00000 Frm 00099 Fmt 6659 Sfmt 6603 E:\HR\OC\HR593.XXX pfrm20 PsN: HR593
100

cent 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 

101

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 

102

‘‘(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). 

103

‘‘(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 demVerDate Jul 17 2002 06:22 Jul 20, 2002 Jkt 080808 PO 00000 Frm 00103 Fmt 6659 Sfmt 6603 E:\HR\OC\HR593.XXX pfrm20 PsN: HR593
104

onstrate 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; 

105

‘‘(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)’’. 

106

(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, 

107

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.

(108)

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 

109

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 freeranging 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 nonrecurring 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. 

110

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 

111

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 limi- tation (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 nonfat 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 

112

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 

113

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. 

114

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 

115

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 sightsizing 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 

116

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. 

117

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 in- cludes $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 

118

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, nonprofit organizations, and universities to be eligible for grants, including former and current ODP grant recipients. The conferees expect the grant approval process to include a review of training curricula and materials to ensure that grantees are using the latest 

WMD and counterterrorism training techniques. ODP will need 

adequate resources to implement this new program, therefore the 

conferees direct that the current hiring freeze be lifted and the Office be fully staffed within available resources. 

The conferees adopt, by reference, language in the Senate report regarding a report on the coordination of Federal training. The 

conferees expect the report to be submitted no later than January 

31, 2002. 

Exercise.—The conference agreement includes $14,000,000 for 

exercises, including $4,000,000 for TOPOFF II as proposed in the 

Senate report. 

CapWIN.—The Federal government is the largest single employer in the Washington D.C. metro area and the conferees are 

committed to the safety of Federal employees. The conferees are 

concerned that in the event of another terrorist attack in the Washington, DC area the Executive Branch should have a communications system in place that will inform all of the Federal agencies 

in the metropolitan area of threat and public health information 

along with evacuation procedures. 

Public Law 107–117 provided $20,000,000 for the Capitol Wireless Integrated Network (CapWIN). This system will integrate law 

enforcement, fire, emergency medical, transportation, and hazmat 

information from Maryland, Virginia, the District of Columbia, and 

certain Federal agencies. This system will ensure that responders 

from various jurisdictions are able to communicate in the field and 

through the use of mobile computing will also greatly enhance the 

amount of information available to all types of responders both in 

the field and at emergency operations centers. 

The conferees direct the Office of Justice Programs, in consultation with the Office of Personnel Management (OPM) and the 

General Services Administration, to evaluate whether CapWIN can 

be expanded to include Federal agencies located in the Washington, 

DC metro area to ensure that in the 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 

119

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. 

120

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 

121

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 

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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. 

123

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

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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. 

125

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 mediumwave 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 Securi- ties 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 inVerDate Jul 17 2002 06:22 Jul 20, 2002 Jkt 080808 PO 00000 Frm 00125 Fmt 6604 Sfmt 6601 E:\HR\OC\HR593.XXX pfrm20 PsN: HR593
126

formation 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.

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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, 

128

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:

129

[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 

130

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 timesensitive, 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 DeVerDate Jul 17 2002 06:22 Jul 20, 2002 Jkt 080808 PO 00000 Frm 00130 Fmt 6604 Sfmt 6601 E:\HR\OC\HR593.XXX pfrm20 PsN: HR593
131

fense 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

132

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 

133

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 Special Operations Command. The conferees do not agree 

to include this provision because the specific airframes that were 

to be procured through this effort are no longer available. However, 

134

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.

135

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. 

136

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. 

137

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. 

138

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 

139

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. 

140

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. 

141

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 

142

$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. 

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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 

144

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. 

145

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 strongVerDate Jul 17 2002 06:22 Jul 20, 2002 Jkt 080808 PO 00000 Frm 00145 Fmt 6604 Sfmt 6601 E:\HR\OC\HR593.XXX pfrm20 PsN: HR593
146

ly recommend that not less than $2,500,000 from this account be 

provided to enable the Ministry to establish multi-service women’s 

centers throughout Afghanistan for the purpose of implementing 

programs to improve women’s and girl’s health and expand economic opportunities through vocational and literacy training. The conference agreement includes $50,000,000 for humanitarian assistance for the West Bank and Gaza, which must be designated by the President as emergency spending. The House bill 

and the Senate amendment included similar provisions, except that 

the House bill would have appropriated these funds under ‘‘Economic Support Fund’’ and transferred them to ‘‘International Disaster Assistance’’. In addition, the conference agreement includes 

language that prohibits the obligation or expenditure of funds to 

the Palestinian Authority. The managers direct that all funds appropriated under this heading in the Act for the West Bank and 

Gaza shall be made available for humanitarian assistance only 

through nongovernmental organizations. 

OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR

INTERNATIONAL DEVELOPMENT

The conference agreement appropriates $7,000,000 as proposed by the House instead of $5,000,000 as proposed by the Senate. 

These funds would be used to implement programs recommended 

elsewhere in this chapter, and for security costs in Afghanistan and 

Pakistan. 

An additional $6,000,000 for operating expenses is available by 

transfer from funds appropriated under the heading ‘‘Child Survival and Health Programs Fund’’ for the management and oversight of programs funded under this heading in this Act and in P.L. 

107–115. 

The managers are concerned that insufficient consideration 

has been given to the provision of interim secure housing and office 

facilities for the staff who will manage programs in Afghanistan 

that are funded in this and prior appropriations Acts. Not less than 

five days prior to the transmittal of the report on Afghanistan security required under section 603 of the Act, the Under Secretary of 

State for Management and the Administrator of the United States 

Agency for International Development are to consult with the Committees regarding the Department’s plans for interim and permanent facilities for United States personnel in Kabul, Afghanistan. 

OTHER BILATERAL ECONOMIC ASSISTANCE 

ECONOMIC SUPPORT FUND

The conference agreement appropriates $665,000,000 instead 

of $660,000,000 as proposed by the House and $700,000,000 as proposed by the Senate. (The House bill included a total of 

$710,000,000 in this account, but $50,000,000 of those funds were 

proposed for transfer to ‘‘International Disaster Assistance’’ for the 

West Bank and Gaza. This issue is addressed under ‘‘International 

Disaster Assistance’’.) Funds may remain available for obligation 

until June 30, 2003. 

The conference agreement does not include language in the 

Senate amendment that would have provided that $50,000,000 

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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.

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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 ecotourism 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. 

149

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.

150

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. 

151

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. 

152

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 re- quiring 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 re- quiring 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) 

153

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. 

154

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. 

155

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. 

156

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 

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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 

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Department intends to provide second-year funding to all targeted 

training grants which commenced in September 2001 for program 

activities for the period of September 30, 2002 to September 30, 

2003, provided that a grantee has demonstrated satisfactory performance. 

DEPARTMENT OF HEALTH AND HUMAN SERVICES 

HEALTH RESOURCES AND SERVICES ADMINISTRATION

HEALTH RESOURCES AND SERVICES

The conference agreement includes bill language proposed by 

both the House and Senate to revise the funding earmarked for the 

construction and renovation of health care facilities within the total 

funding previously appropriated for the account, with one additional bill language provision that changes the grantee for a 

$4,000,000 project within the Maternal and Child Health grant 

program from Columbia Hospital for Women Medical Center, 

Washington, D.C. to All Children’s Hospital, St. Petersburg, Florida. 

The conferees make the following modification to the report 

language in the House and Senate bills. The funds available in 

Public Law 107–116 to carry out Section 417C of the Public Health 

Service Act (42 U.S.C. 285a–9) are to be used for grants for education, prevention and early detection of radiogenic cancers and 

diseases, of which $1,000,000 shall be available to enter into a contract or cooperative agreement with the National Research Council 

to conduct a study under which the Council shall: (1) provide technical assistance to the Health Resources and Services Administration (HRSA) and its grantees on improving accessibility and quality 

of medical screening, education and referral services; (2) report to 

HRSA on the most recent scientific information related to radiation 

exposure and associated cancers or other diseases, with recommendations for improving services for exposed persons; and (3) 

review and make recommendations on whether other classes of individuals or additional geographic areas should be covered under 

the Radiation Exposure Compensation Act (RECA) program. The 

Council shall provide semi-annual interim reports to HRSA including technical assistance provided, study findings, and recommendations. The final report will be completed and presented by HRSA 

to Congress by June 30, 2005. 

With respect to the $4,000,000 All Children’s Hospital provision, the conferees clarify that the project is to be completed by 

September 30, 2005. 

CENTERS FOR DISEASE CONTROL AND PREVENTION

DISEASE CONTROL, RESEARCH AND TRAINING

The conference agreement provides $1,000,000 in supplemental 

funds for the Centers for Disease Control and Prevention. This is 

$314,000,000 below the amount provided by the Senate and the 

same as provided by the House. Funds are provided as a contingent 

emergency appropriation. 

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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. 

160

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. 

161

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 

162

and 1999. Dr. Kirschstein has received many honors and awards, 

including the Presidential Meritorious Executive Rank Award, 

1980; election of the Institute of Medicine, 1982; a doctor of science 

degree from Mr. Siani School of Medicine, 1984; the Presidential 

Distinguished Executive Rank Award, 1983; an honorary doctor of 

laws degree from Atlanta University, 1985; an honorary doctor of 

science degree from the Medical College of Ohio, 1986; an honorary 

doctor of humane letters from Long Island University, 1991; and 

election as a fellow of the American Academy of Arts and Sciences, 

1992. In 2001, she received honorary degrees from Spelman College 

and from Georgetown University Medical School. 

Dr. Kirschstein has been both a visionary and a leader during 

her service at NIH and has helped to make it the world’s premier 

biomedical research agency. In particular, Dr. Kirschstein led the 

cutting edge of two of the most important research trends of this 

generation. She played a pivotal role in launching the Human Genome Project. She is also credited with providing early and crucial 

support to women’s health studies, services and programs for the 

NIH and pioneering the NIH Office of Women’s Health Research. 

While serving as Acting Director of NIH, Dr. Kirschstein has 

worked with Congress to achieve a doubling of the NIH budget. 

Through her leadership, commitment, contributions and unselfish 

service to the biomedical research community and NIH, Dr. 

Kirschstein continues to serve her nation. The conferees believe the 

naming of the National Research Service Awards as the Ruth L. 

Kirschstein National Research Service 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.

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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 appro- priation 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 

164

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 Switching Facility ............................. $3,450,000

Diego Garcia ................................................................. Stuffing/Unstuffing Pad ............................................... 3,200,000

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. 

165

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 ApVerDate Jul 17 2002 06:22 Jul 20, 2002 Jkt 080808 PO 00000 Frm 00165 Fmt 6604 Sfmt 6601 E:\HR\OC\HR593.XXX pfrm20 PsN: HR593
166

propriations 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 

167

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 suffiVerDate Jul 17 2002 06:22 Jul 20, 2002 Jkt 080808 PO 00000 Frm 00167 Fmt 6604 Sfmt 6601 E:\HR\OC\HR593.XXX pfrm20 PsN: HR593
168

cient 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, nonprofit 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; 

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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 

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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:

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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 agree- ment 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 reVerDate Jul 17 2002 06:22 Jul 20, 2002 Jkt 080808 PO 00000 Frm 00171 Fmt 6604 Sfmt 6601 E:\HR\OC\HR593.XXX pfrm20 PsN: HR593
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port 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 

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

1, 2002.

Emergency Relief 

State/territory Needs Estimate 

Alabama .................................................................................................. $1,871,000

American Samoa .................................................................................... 1,278,000

Arizona ................................................................................................... 1,066,000

Arkansas ................................................................................................. 13,950,000

Colorado .................................................................................................. 2,530,000

Guam ...................................................................................................... 672,000

Minnesota ............................................................................................... 678,000

Missouri .................................................................................................. 2,475,000

New Jersey ............................................................................................. 11,704,000

New York ................................................................................................ 309,000

North Dakota ......................................................................................... 12,470,000

Ohio ......................................................................................................... 2,551,000

Oklahoma ............................................................................................... 13,415,000

Oregon .................................................................................................... 399,000

Pennsylvania .......................................................................................... 1,138,000

Puerto Rico ............................................................................................. 1,315,000

South Dakota ......................................................................................... 717,000

Texas ....................................................................................................... 12,813,000

Virginia ................................................................................................... 684,000

Washington ............................................................................................ 13,411,000

West Virginia ......................................................................................... 2,357,000

FEDERAL-AID HIGHWAYS

(HIGHWAY TRUST FUND)

(RESCISSION OF CONTRACT AUTHORIZATION)

The conference agreement includes a rescission of $320,000,000 

in unspent contract authority available to the states under the five 

core formula highway programs as proposed by the Senate. The 

House included no such rescission. This rescission will have no impact on fiscal year 2002 highway construction activities, because 

such funds are above annual limitations on obligations and are 

therefore not available for obligation during fiscal year 2002. 

FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION 

BORDER ENFORCEMENT PROGRAM

(HIGHWAY TRUST FUND)

The conference agreement includes $19,300,000 for the new 

border enforcement program within the Federal Motor Carrier 

Safety Administration, as proposed by both the House and Senate. 

Of the amount provided, $4,200,000 is to fund the implementation 

of section 1012 of the USA PATRIOT Act, which includes up to 34 

additional federal personnel; $8,000,000 is for driver’s license fraud 

detection and prevention projects, including $800,000 for a contract 

effort to develop a unique identifier for commercial drivers’ licenses; $2,000,000 is to develop a hazardous material security and 

education outreach program and to conduct a northern border safety and security study; and $5,100,000 is for coordinating state drivers’ license registration and social security number verification. 

Consistent with both House and Senate language, the conferees direct the Texas Department of Transportation to consult 

with the City of Laredo and consider their concerns regarding site 

174

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 offroute, 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. 

175

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 eligiVerDate Jul 17 2002 06:22 Jul 20, 2002 Jkt 080808 PO 00000 Frm 00175 Fmt 6604 Sfmt 6601 E:\HR\OC\HR593.XXX pfrm20 PsN: HR593
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ble 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. 

177

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 ExVerDate Jul 17 2002 06:22 Jul 20, 2002 Jkt 080808 PO 00000 Frm 00177 Fmt 6604 Sfmt 6601 E:\HR\OC\HR593.XXX pfrm20 PsN: HR593
178

ecutive 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. 

179

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 

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posed 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. 

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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 

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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 stuVerDate Jul 17 2002 06:22 Jul 20, 2002 Jkt 080808 PO 00000 Frm 00182 Fmt 6604 Sfmt 6601 E:\HR\OC\HR593.XXX pfrm20 PsN: HR593
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dents 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. 

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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, longterm 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 

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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. 

186

The conference agreement includes a provision rescinding 

$350,000,000 of previously appropriated funds made available for 

administrative and travel expenses in all federal agencies and offices. The provision specifies that individual rescissions to implement this reduction shall be applied on a pro rata basis to each office, agency, and Department in the executive branch that is funded in Appropriations Acts. The Director of the Office of Management and Budget shall provide a report to the Committees on Appropriation within 30 days after the date of enactment of this Act 

describing: (1) the amount rescinded in each office, agency, and Department; and (2) the methodology used to identify the offices, accounts, and amounts to be rescinded. Neither the House nor the 

Senate bill included a similar provision. 

The conference agreement modifies language proposed in Title 

II of the Senate bill relating to the availability of emergency appropriations in this Act. The conference agreement provides that any 

amount in this Act for which availability is made contingent upon 

an emergency designation by the President shall not be available 

unless all such contingent amounts are designated by the President. The designation must be made within 30 days of enactment 

of this Act. 

The conference agreement deletes a provision as proposed in 

Title II of the Senate bill relating to a sense of the Senate on the 

reorganization of the FBI. 

TITLE II 

AMERICAN SERVICE MEMBERS’ PROTECTION ACT

The conference agreement includes the American Service Members’ Protection Act as proposed by the House and the Senate. The 

conference agreement also includes a provision, as proposed by the 

Senate, relating to assistance to international efforts to bring certain individuals to justice. 

TITLE III 

OTHER MATTERS

The conference agreement includes a provision as proposed by 

the House relating to adjustments to the Caribbean Basin Economic Recovery Act with respect to textiles. 

The conference agreement includes a provision relating to mail 

delivery in Alaska, as proposed by the Senate, with technical modifications. The House bill included a related provision as section 

1406. 

The conference agreement includes a provision, as proposed by 

the Senate, relating to amendments to the Alaska Native Claims 

Settlement Act. The House bill contained no similar provision. 

CONFERENCE TOTAL—WITH COMPARISONS 

The total new budget (obligational) authority for the fiscal year 

2002 recommended by the Committee of Conference, with comparisons to the fiscal year 2002 budget estimates, and the House and 

Senate bills for 2002 follow:

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[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, 

188

CONRAD BURNS, RICHARD C. SHELBY, JUDD GREGG, ROBERT F. BENNETT, BEN NIGHTHORSE CAMPBELL, LARRY CRAIG, KAY BAILEY HUTCHISON, MIKE DEWINE, Managers on the Part of the Senate.

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