PUBLIC LAW 107–206—AUG. 2, 2002

2002 SUPPLEMENTAL APPROPRIATIONS ACT

FOR FURTHER RECOVERY FROM AND

RESPONSE TO TERRORIST ATTACKS ON THE

UNITED STATES

116 STAT. 820 PUBLIC LAW 107–206—AUG. 2, 2002

Public Law 107–206

107th Congress

An Act

Making supplemental appropriations for further recovery from and response to

terrorist attacks on the United States for the fiscal year ending September 30,

2002, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled, That the

following sums are appropriated, out of any money in the Treasury

not otherwise appropriated, for the fiscal year ending September

30, 2002, and for other purposes, namely:

TITLE I—SUPPLEMENTAL APPROPRIATIONS

CHAPTER 1

DEPARTMENT OF AGRICULTURE

OFFICE OF THE SECRETARY

(INCLUDING TRANSFERS OF FUNDS)

For an additional amount for ‘‘Office of the Secretary’’,

$18,000,000, to remain available until expended: Provided, That

the Secretary shall transfer these funds to the Agricultural Research

Service, the Animal and Plant Health Inspection Service, the Agricultural Marketing Service, and/or the Food Safety and Inspection

Service: Provided further, That the entire amount is designated

by the Congress as an emergency requirement pursuant to section

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

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

shall be available only to the extent an official budget request

that includes designation of the entire amount of the request as

an emergency requirement as defined in the Balanced Budget and

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

by the President to the Congress.

AGRICULTURAL RESEARCH SERVICE

SALARIES AND EXPENSES

For an additional amount for ‘‘Salaries and Expenses’’, $8,000,000, to remain available until September 30, 2003: Provided,

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

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

Provided further, That the entire amount shall be available only

to the extent an official budget request that includes designation

2002

Supplemental

Appropriations

Act for Further

Recovery From

and Response To

Terrorist Attacks

on the United

States.

Aug. 2, 2002

[H.R. 4775]

PUBLIC LAW 107–206—AUG. 2, 2002 116 STAT. 821

of the entire amount of the request as an emergency requirement

as defined in the Balanced Budget and Emergency Deficit Control

Act of 1985, as amended, is transmitted by the President to the

Congress.

BUILDINGS AND FACILITIES

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

COOPERATIVE STATE RESEARCH, EDUCATION, AND EXTENSION

SERVICE

EXTENSION ACTIVITIES

For an additional amount for ‘‘Extension Activities’’, $6,000,000,

to remain available until September 30, 2003: Provided, That the

entire amount is designated by the Congress as an emergency

requirement pursuant to section 251(b)(2)(A) of the Balanced Budget

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

further, That the entire amount shall be available only to the

extent an official budget request that includes designation of the

entire amount of the request as an emergency requirement as

defined in the Balanced Budget and Emergency Deficit Control

Act of 1985, as amended, is transmitted by the President to the

Congress.

ANIMAL AND PLANT HEALTH INSPECTION SERVICE

SALARIES AND EXPENSES

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

$33,000,000, to remain available until September 30, 2003: Provided, That this amount shall include assistance in State efforts

to prevent and control transmissible spongiform encephalopathy,

including chronic wasting disease and scrapie, in farmed and freeranging animals: Provided further, That the entire amount is designated by the Congress as an emergency requirement pursuant

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

entire amount shall be available only to the extent an official

budget request that includes designation of the entire amount of

the request as an emergency requirement as defined in the Balanced

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

is transmitted by the President to the Congress.

FOOD SAFETY AND INSPECTION SERVICE

For an additional amount for ‘‘Food Safety and Inspection

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

Provided, That the entire amount is designated by the Congress

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

the Balanced Budget and Emergency Deficit Control Act of 1985,

as amended: Provided further, That the entire amount shall be

available only to the extent an official budget request that includes

designation of the entire amount of the request as an emergency

requirement as defined in the Balanced Budget and Emergency

Deficit Control Act of 1985, as amended, is transmitted by the

President to the Congress.

116 STAT. 822 PUBLIC LAW 107–206—AUG. 2, 2002

NATURAL RESOURCES CONSERVATION SERVICE

WATERSHED AND FLOOD PREVENTION OPERATIONS

For an additional amount for ‘‘Watershed and Flood Prevention

Operations’’, for emergency recovery operations, $144,000,000, to

remain available until expended: Provided, That of this amount,

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

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

official budget request, that includes designation of $50,000,000

as an emergency requirement as defined in the Balanced Budget

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

RURAL DEVELOPMENT

RURAL COMMUNITY ADVANCEMENT PROGRAM

For an additional amount for ‘‘Rural Community Advancement

Program’’ for emergency purposes for grants and loans as authorized

by 7 U.S.C. 381E(d)(2), 306(a)(14), and 306C, $20,000,000, with

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

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

amount is designated by the Congress as an emergency requirement

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

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

official budget request that includes designation of the entire

amount of the request as an emergency requirement as defined

in the Balanced Budget and Emergency Deficit Control Act of

1985, as amended, is transmitted by the President to the Congress.

RURAL UTILITIES SERVICE

LOCAL TELEVISION LOAN GUARANTEE PROGRAM ACCOUNT

(INCLUDING RESCISSION)

Of funds made available under this heading for the cost of

guaranteed loans, including the cost of modifying loans as defined

in section 502 of the Congressional Budget Act of 1974, $20,000,000

are rescinded.

For an additional amount for ‘‘Local Television Loan Guarantee

Program Account’’, $8,000,000, to remain available until expended.

FOOD AND NUTRITION SERVICE

SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS,

AND CHILDREN (WIC)

For an additional amount for ‘‘Special Supplemental Nutrition

Program for Women, Infants, and Children (WIC)’’, $75,000,000,

to remain available until September 30, 2003: Provided, That of

the amounts provided under this heading, the Secretary shall allocate funds, notwithstanding section 17(i) of the Child Nutrition

PUBLIC LAW 107–206—AUG. 2, 2002 116 STAT. 823

Act of 1966, as amended, in the manner and under a formula

the Secretary deems necessary to respond to caseload requirements.

FOOD STAMP PROGRAM

(RESCISSION)

Of funds which may be reserved by the Secretary for allocation

to State agencies under section 16(h)(1) of the Food Stamp Act

of 1977 to carry out the Employment and Training program,

$24,000,000 are rescinded and returned to the Treasury.

DEPARTMENT OF HEALTH AND HUMAN SERVICES

FOOD AND DRUG ADMINISTRATION

SALARIES AND EXPENSES

For an additional amount for ‘‘Food and Drug Administration,

Salaries and Expenses’’, $17,000,000, to remain available until

expended: Provided, That the entire amount is designated by the

Congress as an emergency requirement pursuant to section

251(b)(2)(A) of such Act: Provided further, That the entire amount

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

that includes designation of the entire amount of the request as

an emergency requirement as defined in the Balanced Budget and

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

by the President to the Congress.

GENERAL PROVISIONS—THIS CHAPTER

SEC. 101. Of the funds made available for the Export Enhancement Program, pursuant to section 301(e) of the Agricultural Trade

Act of 1978, as amended by Public Law 104–127, not more than

$33,000,000 shall be available in fiscal year 2002.

SEC. 102. ASSISTANCE TO AGRICULTURAL PRODUCERS WHO HAVE

USED WATER FOR IRRIGATION FROM THE RIO GRANDE. (a) IN GEN- ERAL.—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.

Deadline.

43 USC 2211

note.

116 STAT. 824 PUBLIC LAW 107–206—AUG. 2, 2002

(b) APPROPRIATION.—There is appropriated to the Secretary

of Agriculture an amount equal to the unobligated balance rescinded

by subsection (a) for expenses through fiscal year 2003 under the

Agricultural Trade Development and Assistance Act of 1954, as

amended (7 U.S.C. 1721–1726a) for commodities supplied in connection with dispositions abroad pursuant to title II of said Act.

SEC. 105. Section 416(b)(7)(D)(iv) of the Agricultural Act of

1949 (7 U.S.C. 1431(b)(7)(D)(iv)) is amended by striking ‘‘subsection.’’ and inserting in lieu thereof the following: ‘‘subsection,

or to otherwise carry out the purposes of this subsection.’’. SEC. 106. Notwithstanding any other provision of law and effective on the date of enactment of this Act, the Secretary may use

an amount not to exceed $12,000,000 from the amounts appropriated under the heading ‘‘Food Safety and Inspection Service’’ under the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2001 (Public Law

106–387) to liquidate over-obligations and over-expenditures of the

Food Safety and Inspection Service incurred during previous fiscal

years, approved by the Director of the Office of Management and

Budget based on documentation provided by the Secretary of Agriculture.

CHAPTER 2

DEPARTMENT OF JUSTICE

GENERAL ADMINISTRATION

SALARIES AND EXPENSES

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

expenses resulting from the September 11, 2001, terrorist attacks,

$6,750,000: Provided, That such sums as are necessary shall be

derived from the Working Capital Fund for the development,

testing, and deployment of a standards-based, integrated, interoperable computer system for the Immigration and Naturalization

Service (‘‘Chimera system’’), to be managed by Justice Management

Division: Provided further, That of the amounts made available

under this heading, $1,000,000 shall only be for the Entry Exit

System, to be managed by the Justice Management Division: Provided further, That none of the funds appropriated in this Act,

or in Public Law 107–117, for the Immigration and Naturalization

Service’s Entry Exit System may be obligated until the INS submits

a plan for expenditure that: (1) meets the capital planning and

investment control review requirements established by the Office

of Management and Budget, including OMB Circular A–11, part

3; (2) complies with the acquisition rules, requirements, guidelines,

and systems acquisition management practices of the Federal

Government; (3) is reviewed by the General Accounting Office;

and (4) has been approved by the Committees on Appropriations:

Provided further, That funds provided under this heading shall

only be available for obligation and expenditure in accordance with

the procedures applicable to reprogramming notifications set forth

in section 605 of Public Law 107–77: Provided further, That the

entire amount is designated by the Congress as an emergency

requirement pursuant to section 251(b)(2)(A) of the Balanced Budget

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

further, That $1,000,000 shall be available only to the extent an

PUBLIC LAW 107–206—AUG. 2, 2002 116 STAT. 825

official budget request that includes designation of the $1,000,000

as an emergency requirement as defined in the Balanced Budget

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

SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

(RESCISSION)

Of the amounts made available under this heading in Public

Law 107–77, $7,000,000 are rescinded.

SALARIES AND EXPENSES, UNITED STATES MARSHALS SERVICE

For an additional amount for ‘‘Salaries and Expenses’’ for emergency expenses resulting from the September 11, 2001, terrorist

attacks, $37,900,000, to remain available until expended: Provided,

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

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

Provided further, That the entire amount shall be available only

to the extent that an official budget request, that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit

Control Act of 1985, as amended, is transmitted by the President

to the Congress.

FEDERAL PRISONER DETENTION

(RESCISSION)

Of the amounts made available under this heading in Public

Law 107–77, $30,000,000 are rescinded.

ASSETS FORFEITURE FUND

(RESCISSION)

Of the unobligated balances available under this heading,

$5,000,000 are rescinded.

FEDERAL BUREAU OF INVESTIGATION

SALARIES AND EXPENSES

For an additional amount for ‘‘Salaries and Expenses’’ for emergency expenses resulting from the September 11, 2001, terrorist

attacks, $175,000,000, to remain available until September 30, 2004:

Provided, That the entire amount is designated by the Congress

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

the Balanced Budget and Emergency Deficit Control Act of 1985,

as amended: Provided further, That $165,000,000 shall be available

only to the extent that an official budget request that includes

designation of the $165,000,000 as an emergency requirement as

defined in the Balanced Budget and Emergency Deficit Control

Act of 1985, as amended, is transmitted by the President to the

Congress.

116 STAT. 826 PUBLIC LAW 107–206—AUG. 2, 2002

IMMIGRATION AND NATURALIZATION SERVICE

SALARIES AND EXPENSES

ENFORCEMENT AND BORDER AFFAIRS

For an additional amount for ‘‘Salaries and Expenses, Enforcement and Border Affairs’’ for emergency expenses resulting from the September 11, 2001, terrorist attacks, $81,250,000, to remain

available until expended, of which $25,000,000 shall only be available for fleet management: Provided, That the entire amount is

designated by the Congress as an emergency requirement pursuant

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

$46,250,000 shall be available only to the extent that an official

budget request that includes designation of the $46,250,000 as

an emergency requirement as defined in the Balanced Budget and

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

by the President to the Congress.

CONSTRUCTION

For an additional amount for ‘‘Construction’’ for emergency

expenses resulting from the September 11, 2001, terrorist attacks,

$32,100,000, to remain available until expended: Provided, That

the entire amount is designated by the Congress as an emergency

requirement pursuant to section 251(b)(2)(A) of the Balanced Budget

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

further, That the entire amount shall be available only to the

extent an official budget request that includes designation of the

entire amount of the request as an emergency requirement as

defined in the Balanced Budget and Emergency Deficit Control

Act of 1985, as amended, is transmitted by the President to the

Congress.

FEDERAL PRISON SYSTEM

BUILDINGS AND FACILITIES

(RESCISSION)

Of the amounts made available under this heading in Public

Law 107–77 for buildings and facilities, $5,000,000 are rescinded.

OFFICE OF JUSTICE PROGRAMS

JUSTICE ASSISTANCE

(INCLUDING RESCISSION)

For an additional amount for ‘‘Justice Assistance’’ for grants,

cooperative agreements, and other assistance authorized by sections

819 and 821 of the Antiterrorism and Effective Death Penalty

Act of 1996 and section 1014 of the USA PATRIOT Act (Public

Law 107–56) and for other counter-terrorism programs, including

first responder training and equipment to respond to acts of terrorism, including incidents involving weapons of mass destruction

or chemical or biological weapons, $151,300,000, to remain available

until expended: Provided, That no funds under this heading shall

be used to duplicate the Federal Emergency Management Agency

PUBLIC LAW 107–206—AUG. 2, 2002 116 STAT. 827

Fire Grant program: Provided further, That the entire amount

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

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

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

budget request that includes designation of the entire amount of

the request as an emergency requirement as defined in the Balanced

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

is transmitted by the President to the Congress.

Of the amounts made available under this heading for the

Office of the Assistant Attorney General for Office of Justice Programs, $600,000 are rescinded.

COMMUNITY ORIENTED POLICING SERVICES

For an amount to establish the Community Oriented Policing

Services’ Interoperable Communications Technology Program in

consultation with the Office of Science and Technology within the

National Institute of Justice, and the Bureau of Justice Assistance,

for emergency expenses for activities related to combating terrorism

by providing grants to States and localities to improve communications within, and among, law enforcement agencies, $50,000,000,

to remain available until expended: Provided, That the entire

amount is designated by the Congress as an emergency requirement

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

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

official budget request that includes designation of the entire

amount of the request as an emergency requirement as defined

in the Balanced Budget and Emergency Deficit Control Act of

1985, as amended, is transmitted by the President to the Congress.

DEPARTMENT OF COMMERCE AND RELATED AGENCIES

RELATED AGENCIES

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

SALARIES AND EXPENSES

For an additional amount for ‘‘Salaries and Expenses’’ for emergency expenses for increased security requirements, $1,100,000,

to remain available until expended: Provided, That the entire

amount is designated by the Congress as an emergency requirement

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

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

an official budget request, that includes designation of the entire

amount of the request as an emergency requirement as defined

in the Balanced Budget and Emergency Deficit Control Act of

1985, as amended, is transmitted by the President to the Congress.

116 STAT. 828 PUBLIC LAW 107–206—AUG. 2, 2002

DEPARTMENT OF COMMERCE

BUREAU OF THE CENSUS

PERIODIC CENSUSES AND PROGRAMS

(RESCISSION)

Of the amounts made available under this heading in prior

fiscal years, excepting funds designated for the Suitland Federal

Center, $11,300,000 are rescinded.

NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES

For an additional amount for ‘‘Scientific and Technical Research

and Services’’ for emergency expenses resulting from new homeland

security activities and increased security requirements, $37,100,000,

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

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

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

Provided further, That $33,100,000 shall be available only to the

extent an official budget request that includes designation of the

$33,100,000 as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as

amended, is transmitted by the President to the Congress.

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

OPERATIONS, RESEARCH, AND FACILITIES

(INCLUDING RESCISSION)

For an additional amount for ‘‘Operations, Research, and Facilities’’ for emergency expenses resulting from homeland security

aActivities, $4,800,000, of which $2,000,000 is to address critical

mapping and charting backlog requirements and $2,800,000 is for

backup capability for National Oceanic and Atmospheric Administration critical satellite products and services, to remain available

until September 30, 2003: Provided, That $2,800,000 is designated

by the Congress as an emergency requirement pursuant to section

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

Act of 1985, as amended: Provided further, That $2,800,000 shall

be available only to the extent an official budget request that

includes designation of the $2,800,000 as an emergency requirement

as defined in the Balanced Budget and Emergency Deficit Control

Act of 1985, as amended, is transmitted by the President to the

Congress.

Of the unobligated balances remaining under this heading as

provided by section 817 of Public Law 106–78, $8,100,000 are

rescinded.

PROCUREMENT, ACQUISITION AND CONSTRUCTION

For an additional amount for ‘‘Procurement, Acquisition and

Construction’’ for emergency expenses resulting from homeland

security activities, $7,200,000 for a supercomputer backup, to

PUBLIC LAW 107–206—AUG. 2, 2002 116 STAT. 829

remain available until September 30, 2003: Provided, That the

entire amount is designated by the Congress as an emergency

requirement pursuant to section 251(b)(2)(A) of the Balanced Budget

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

further, That the entire amount shall be available only to the

extent an official budget request that includes designation of the

entire amount of the request as an emergency requirement as

defined in the Balanced Budget and Emergency Deficit Control

Act of 1985, as amended, is transmitted by the President to the

Congress.

FISHERIES FINANCE PROGRAM ACCOUNT

Funds provided under the heading, ‘‘Fisheries Finance Program

Account’’ for the direct loan program authorized by the Merchant

Marine Act of 1936, as amended, are available to subsidize gross

obligations for the principal amount of direct loans not to exceed

$5,000,000 for Individual Fishing Quota loans, and not to exceed

$19,000,000 for Traditional loans.

DEPARTMENTAL MANAGEMENT

SALARIES AND EXPENSES

For an additional amount for ‘‘Salaries and Expenses’’ for emergency expenses resulting from new homeland security activities,

$400,000: Provided, That the entire amount is designated by the

Congress as an emergency requirement pursuant to section

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

Act of 1985, as amended.

THE JUDICIARY

SUPREME COURT OF THE UNITED STATES

CARE OF THE BUILDING AND GROUNDS

For an additional amount for ‘‘Care of the Building and

Grounds’’ for emergency expenses for security upgrades and renovations of the Supreme Court building, $10,000,000, to remain available until expended: Provided, That the entire amount is designated

by the Congress as an emergency requirement pursuant to section

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

Act of 1985, as amended.

COURTS OF APPEALS, DISTRICT COURTS, AND OTHER JUDICIAL

SERVICES

SALARIES AND EXPENSES

For an additional amount for ‘‘Salaries and Expenses’’ for emergency expenses to enhance security and to provide for extraordinary

costs related to terrorist trials, $7,115,000, to remain available

until expended: Provided, That the entire amount is designated

by the Congress as an emergency requirement pursuant to section

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

Act of 1985, as amended: Provided further, That $3,972,000 shall

be available only to the extent that an official budget request

116 STAT. 830 PUBLIC LAW 107–206—AUG. 2, 2002

that includes designation of the $3,972,000 as an emergency requirement as defined in the Balanced Budget and Emergency Deficit

Control Act of 1985, as amended, is transmitted by the President

to the Congress.

DEPARTMENT OF STATE AND RELATED AGENCY

DEPARTMENT OF STATE

ADMINISTRATION OF FOREIGN AFFAIRS

DIPLOMATIC AND CONSULAR PROGRAMS

For an additional amount for ‘‘Diplomatic and Consular Programs’’, for emergency expenses for activities related to combating international terrorism, $47,450,000, to remain available until September 30, 2003: Provided, That the entire amount is designated

by the Congress as an emergency requirement pursuant to section

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

Act of 1985, as amended.

EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS

For an additional amount for ‘‘Educational and Cultural

Exchange Programs’’, for emergency expenses for activities related

to combating international terrorism, $15,000,000, to remain available until expended: Provided, That the entire amount is designated

by the Congress as an emergency requirement pursuant to section

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

Act of 1985, as amended: Provided further, That $5,000,000 shall

be available only to the extent an official budget request that

includes designation of the $5,000,000 as an emergency requirement

as defined in the Balanced Budget and Emergency Deficit Control

Act of 1985, as amended, is transmitted by the President to the

Congress.

EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE

For an additional amount for ‘‘Embassy Security, Construction,

and Maintenance’’, for emergency expenses for activities related

to combating international terrorism, $210,516,000, to remain available until expended: Provided, That the entire amount is designated

by the Congress as an emergency requirement pursuant to section

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

Act of 1985, as amended: Provided further, That $10,000,000 shall

be available only to the extent an official budget request that

includes designation of the $10,000,000 as an emergency requirement as defined in the Balanced Budget and Emergency Deficit

Control Act of 1985, as amended, is transmitted by the President

to the Congress.

INTERNATIONAL ORGANIZATIONS AND CONFERENCES

CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

For an additional amount for ‘‘Contributions to International

Organizations’’, for emergency expenses for activities related to

combating international terrorism, $7,000,000, to remain available

until September 30, 2003: Provided, That the entire amount is

PUBLIC LAW 107–206—AUG. 2, 2002 116 STAT. 831

designated by the Congress as an emergency requirement pursuant

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

CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES

For an additional amount for ‘‘Contributions for International

Peacekeeping Activities’’ to make United States peacekeeping payments to the United Nations at a time of multilateral cooperation

in the war on terrorism, $23,034,000: Provided, That the entire

amount is designated by the Congress as an emergency requirement

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

RELATED AGENCY

BROADCASTING BOARD OF GOVERNORS

INTERNATIONAL BROADCASTING OPERATIONS

For an additional amount for ‘‘International Broadcasting Operations’’, for emergency expenses for activities related to combating

international terrorism, $7,400,000, to remain available until September 30, 2003: Provided, That funds appropriated by this paragraph shall be available notwithstanding sections 308(c) and 313

of the Foreign Relations Authorization Act, Fiscal Years 1994 and

1995: Provided further, That the entire amount is designated by

the Congress as an emergency requirement pursuant to section

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

Act of 1985, as amended.

BROADCASTING CAPITAL IMPROVEMENTS

For an additional amount for ‘‘Broadcasting Capital Improvements’’ for emergency expenses for activities related to combating

international terrorism, $7,700,000, to remain available until

expended: Provided, That funds appropriated by this paragraph

shall be available notwithstanding section 313 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995.

RELATED AGENCIES

DEPARTMENT OF TRANSPORTATION

MARITIME ADMINISTRATION

MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM ACCOUNT

(RESCISSION)

Of the unobligated balances available under this heading,

$5,000,000 are rescinded.

116 STAT. 832 PUBLIC LAW 107–206—AUG. 2, 2002

SECURITIES AND EXCHANGE COMMISSION

SALARIES AND EXPENSES

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

respond to increased needs for enforcement and oversight of corporate finance, $30,900,000 from fees collected in fiscal year 2002,

to remain available until expended.

In addition, for an additional amount for ‘‘Salaries and

Expenses’’ for emergency expenses resulting from the September

11, 2001, terrorist attacks, $9,300,000, to remain available until

expended: Provided, That the entire amount is designated by the

Congress as an emergency requirement pursuant to section

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

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

shall be available only to the extent an official budget request

that includes designation of the entire amount of the request as

an emergency requirement as defined in the Balanced Budget and

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

by the President to the Congress.

GENERAL PROVISIONS—THIS CHAPTER

SEC. 201. Funds appropriated by this Act for the Broadcasting

Board of Governors and the Department of State may be obligated

and expended notwithstanding section 15 of the State Department

Basic Authorities Act of 1956, as amended.

SEC. 202. Section 286(e)(3) of the Immigration and Nationality

Act (8 U.S.C. 1356(e)(3)) is amended—

(1) by striking ‘‘is authorized to’’ and inserting ‘‘shall’’;

and

(2) by striking ‘‘authorization’’ and inserting ‘‘requirement’’.

SEC. 203. (a)(1) During fiscal year 2002 and each succeeding

fiscal year, notwithstanding any provision of the Federal Rules

of Criminal Procedure to the contrary, in order to permit victims

of crimes associated with the terrorist acts of September 11, 2001,

to watch trial proceedings in the criminal case against Zacarias

Moussaoui, the trial court in that case shall order, subject to paragraph (3) and subsection (b), closed circuit televising of the trial

proceedings to convenient locations the trial court determines are

reasonably necessary, for viewing by those victims.

(2)(A) As used in this section and subject to subparagraph

(B), the term ‘‘victims of crimes associated with the terrorist acts

of September 11, 2001’’ means individuals who—

(i) suffered direct physical harm as a result of the terrorist

acts that occurred in New York, Pennsylvania and Virginia

on September 11, 2001 (hereafter in this section ‘‘terrorist

acts’’) and were present at the scene of the terrorist acts when

they occurred, or immediately thereafter; or

(ii) are the spouse, legal guardian, parent, child, brother,

or sister of, or who as determined by the court have a relationship of similar significance to, an individual described in

subparagraph (A)(i), if the latter individual is under 18 years

of age, incompetent, incapacitated, has a serious injury, or

disability that requires assistance of another person for

mobility, or is deceased.

PUBLIC LAW 107–206—AUG. 2, 2002 116 STAT. 833

(B) The term defined in paragraph (A) shall not apply to an

individual who participated or conspired in one or more of the

terrorist acts.

(3) Nothing in this section shall be construed to eliminate

or limit the district court’s discretion to control the manner, circumstances, or availability of the broadcast where necessary to

control the courtroom or protect the integrity of the trial proceedings

or the safety of the trial participants. The district court’s exercise

of such discretion shall be entitled to substantial deference.

(b) Except as provided in subsection (a), the terms and restrictions of section 235(b), (c), (d) and (e) of the Antiterrorism and

Effective Death Penalty Act of 1996 (42 U.S.C. 10608(b), (c), (d),

and (e)), shall apply to the televising of trial proceedings under

this section.

SEC. 204. Title II of Public Law 107–77 is amended in the

second undesignated paragraph under the heading ‘‘Department

of Commerce, National Institute of Standards and Technology,

Industrial Technology Services’’ by striking ‘‘not to exceed

$60,700,000 shall be available for the award of new grants’’ and

inserting ‘‘not less than $60,700,000 shall be used before October

1, 2002 for the award of new grants’’. SEC. 205. None of the funds appropriated or otherwise made

available by this Act or any other Act may be used to implement,

enforce, or otherwise abide by the Memorandum of Agreement

signed by the Federal Trade Commission and the Antitrust Division

of the Department of Justice on March 5, 2002.

SEC. 206. Public Law 106–256 is amended in section 3(f)(1)

by striking ‘‘within 18 months of the establishment of the Commission’’ and inserting ‘‘by June 20, 2003’’.

SEC. 207. The American Section, International Joint Commission, United States and Canada, is authorized to receive funds

from the United States Army Corps of Engineers for the purposes

of conducting investigations, undertaking studies, and preparing

reports in connection with a reference to the International Joint

Commission on the Devils Lake project mentioned in Public Law

106–377.

SEC. 208. Section 282(a)(2)(D) of the Agricultural Marketing

Act of 1946 is amended to read as follows:

‘‘(D) in the case of wild fish, is—

‘‘(i) harvested in the United States, a territory

of the United States, or a State, or by a vessel that

is documented under chapter 121 of title 46, United

States Code, or registered in the United States; and

‘‘(ii) processed in the United States, a territory

of the United States, or a State, including the waters

thereof, or aboard a vessel that is documented under

chapter 121 of title 46, United States Code, or registered in the United States; and’’.

SEC. 209. Of the amounts appropriated in Public Law 107–

77, under the heading ‘‘Department of Commerce, National Oceanic

and Atmospheric Administration, Operations, Research, and Facilities’’, for coral reef programs, $2,500,000, for a cooperative agreement with the National Defense Center of Excellence for Research

in Ocean Sciences to conduct coral mapping in the waters of the

Hawaiian Islands and the surrounding Exclusive Economic Zone

in accordance with the mapping implementation strategy of the

United States Coral Reef Task Force.

7 USC 1638a.

33 USC 857–19

note.

115 Stat. 774.

116 STAT. 834 PUBLIC LAW 107–206—AUG. 2, 2002

SEC. 210. In addition to amounts appropriated or otherwise

made available by this Act or any other Act, $11,000,000 is appropriated to enable the Secretary of Commerce to provide economic

assistance to fishermen and fishing communities affected by Federal

closures and fishing restrictions in the New England groundfish

fishery, to remain available until September 30, 2003.

SEC. 211. In addition to amounts appropriated or otherwise

made available by this Act or any other Act, $5,000,000 shall

be provided for a National Oceanic and Atmospheric Administration

cooperative research program in Massachusetts, New Hampshire,

Maine and Rhode Island, to remain available until expended: Provided, That of this amount $500,000 shall be for the cost of a

reduction loan as authorized under sections 1111 and 1112 of title

XI of the Merchant Marine Act, 1936, (46 U.S.C. App. 1279g)

to carry out a New England groundfish fishing capacity reduction

program under section 312(b) of the Magnuson-Stevens Fishery

Conservation and Management Act (16 U.S.C. 1861a(b)) that shall—

(1) permanently revoke all fishery licenses, fishery permits,

area and species endorsements, and any other fishery privileges

issued to a vessel or vessels (or to persons on the basis of

their operation or ownership of that vessel or vessels) removed

under the program; and

(2) ensure that vessels removed under the program are

made permanently ineligible to participate in any fishery worldwide, and that the owners of such vessels will operate only

under the United States flag or be scrapped as a reduction

vessel pursuant to section 600.1011(c) of title 50, Code of Federal Regulations.

SEC. 212. Of the amounts appropriated in Public Law 107–

77, under the heading ‘‘Department of Commerce, National Oceanic

and Atmospheric Administration, Operations, Research, and Facilities’’, for Oregon groundfish cooperative research, $500,000 shall

be for the cost of a reduction loan as authorized under sections

1111 and 1112 of title XI of the Merchant Marine Act, 1936 (46

U.S.C. App. 1279f and 1279g) to carry out a West Coast groundfish

fishing capacity reduction program under section 312(b) of the

Magnuson-Stevens Fishery Conservation and Management Act (16

U.S.C. 1861a(b)) that shall—

(1) permanently revoke all fishery licenses, fishery permits,

area and species endorsements, and any other fishery privileges

issued to a vessel or vessels (or to persons on the basis of

their operation or ownership of that vessel or vessels) removed

under the program; and

(2) ensure that vessels removed under the program are

made permanently ineligible to participate in any fishery worldwide, and that the owners of such vessels will operate only

under the United States flag or be scrapped as a reduction

vessel pursuant to section 600.1011(c) of title 50, Code of Federal Regulations.

SEC. 213. Amounts appropriated by title V of Public Law 107–

77 under the heading ‘‘NATIONAL VETERANS BUSINESS DEVELOPMENT CORPORATION’’ (115 Stat. 795) shall remain available until

expended.

PUBLIC LAW 107–206—AUG. 2, 2002 116 STAT. 835

CHAPTER 3

DEPARTMENT OF DEFENSE

MILITARY PERSONNEL

MILITARY PERSONNEL, AIR FORCE

For an additional amount for ‘‘Military Personnel, Air Force’’, $206,000,000: Provided, That the entire amount is designated by

the Congress as an emergency requirement pursuant to section

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

Act of 1985, as amended.

OPERATION AND MAINTENANCE

OPERATION AND MAINTENANCE, ARMY

For an additional amount for ‘‘Operation and Maintenance,

Army’’, $209,000,000, to remain available for obligation until September 30, 2003: Provided, That the entire amount is designated

by the Congress as an emergency requirement pursuant to section

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

Act of 1985, as amended: Provided further, That $102,000,000 shall

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

that includes designation of $102,000,000 as an emergency requirement as defined in the Balanced Budget and Emergency Deficit

Control Act of 1985, as amended, is transmitted by the President

to the Congress.

OPERATION AND MAINTENANCE, NAVY

For an additional amount for ‘‘Operation and Maintenance,

Navy’’, $48,750,000, to remain available for obligation until September 30, 2003: Provided, That the entire amount is designated

by the Congress as an emergency requirement pursuant to section

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

Act of 1985, as amended: Provided further, That $12,250,000 shall

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

that includes designation of $12,250,000 as an emergency requirement as defined in the Balanced Budget and Emergency Deficit

Control Act of 1985, as amended, is transmitted by the President

to the Congress.

OPERATION AND MAINTENANCE, AIR FORCE

For an additional amount for ‘‘Operation and Maintenance,

Air Force’’, $65,510,000, to remain available for obligation until

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

by the Congress as an emergency requirement pursuant to section

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

Act of 1985, as amended: Provided further, That $24,510,000 shall

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

that includes designation of $24,510,000 as an emergency requirement as defined in the Balanced Budget and Emergency Deficit

Control Act of 1985, as amended, is transmitted by the President

to the Congress.

116 STAT. 836 PUBLIC LAW 107–206—AUG. 2, 2002

OPERATION AND MAINTENANCE, DEFENSE-WIDE

For an additional amount for ‘‘Operation and Maintenance,

Defense-Wide’’, $721,975,000, to remain available for obligation until September 30, 2003, of which $390,000,000 may be used,

notwithstanding any other provision of law, for payments to

reimburse Pakistan, Jordan, and other key cooperating nations

for logistical and military support provided to United States military

operations in connection with the Global War on Terrorism: Provided, That such payments may be made in such amounts as

the Secretary may determine in his discretion, based on documentation determined by the Secretary to adequately account for the

support provided, in consultation with the Director of the Office

of Management and Budget and 15 days following notification to

the appropriate Congressional committees: Provided further, That

such determination shall be final and conclusive upon the

accounting officers of the United States: Provided further, That

amounts for such payments shall be in addition to any other funds

that may be available for such purpose: Provided further, That

the entire amount is designated by the Congress as an emergency

requirement pursuant to section 251(b)(2)(A) of the Balanced Budget

and Emergency Deficit Control Act of 1985, as amended.

DEFENSE EMERGENCY RESPONSE FUND

(INCLUDING TRANSFER OF FUNDS)

For an additional amount for the ‘‘Defense Emergency Response

Fund’’, $11,901,900,000, to remain available for obligation until

September 30, 2003, of which $77,900,000 shall be available for

enhancements to North American Air Defense Command capabilities: Provided, That the Secretary of Defense may transfer the

funds provided herein only to appropriations for military personnel;

operation and maintenance; procurement; research, development,

test and evaluation; the Defense Health Program; Overseas

Humanitarian, Disaster, and Civic Aid; and working capital funds:

Provided further, That notwithstanding the preceding proviso,

$120,000,000 of the funds provided in this paragraph are available

for transfer to any other appropriations accounts of the Department

of Defense, for certain classified activities, and notwithstanding

any other provision of law and of this Act, such funds may be

obligated to carry out projects not otherwise authorized by law:

Provided further, That any funds transferred shall be merged with

and shall be available for the same purposes and for the same

time period as the appropriation to which transferred: Provided

further, That the transfer authority provided in this paragraph

is in addition to any other transfer authority available to the

Department of Defense: Provided further, That upon a determination that all or part of the funds transferred from this appropriation

are not necessary for the purposes provided herein, such amounts

may be transferred back to this appropriation: Provided further,

That during the current fiscal year, upon a determination by the

Secretary of Defense that funds previously made available to the

‘‘Defense Emergency Response Fund’’ are required to meet other

essential operational or readiness requirements of the military services, the Secretary may transfer up to $275,000,000 of funds so

required to the appropriate funds or appropriations of the Department of Defense, 15 days after notification to the congressional

PUBLIC LAW 107–206—AUG. 2, 2002 116 STAT. 837

defense committees: Provided further, That the entire amount is

designated by the Congress as an emergency requirement pursuant

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

$601,900,000 shall be available only to the extent that an official

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

emergency requirement as defined in the Balanced Budget and

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

by the President to the Congress.

PROCUREMENT

OTHER PROCUREMENT, ARMY

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

30, 2004: Provided, That the entire amount is designated by the

Congress as an emergency requirement pursuant to section

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

Act of 1985, as amended.

AIRCRAFT PROCUREMENT, NAVY

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

$22,800,000, to remain available for obligation until September

30, 2004: Provided, That the entire amount is designated by the

Congress as an emergency requirement pursuant to section

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

Act of 1985, as amended.

PROCUREMENT OF AMMUNITION, NAVY AND MARINE CORPS

For an additional amount for ‘‘Procurement of Ammunition,

Navy and Marine Corps’’, $262,000,000, to remain available for

obligation until September 30, 2004: Provided, That the entire

amount is designated by the Congress as an emergency requirement

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

OTHER PROCUREMENT, NAVY

For an additional amount for ‘‘Other Procurement, Navy’’, $2,500,000, to remain available for obligation until September 30,

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

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

as amended.

PROCUREMENT, MARINE CORPS

For an additional amount for ‘‘Procurement, Marine Corps’’,

$3,500,000, to remain available for obligation until September 30,

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

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

as amended.

116 STAT. 838 PUBLIC LAW 107–206—AUG. 2, 2002

AIRCRAFT PROCUREMENT, AIR FORCE

For an additional amount for ‘‘Aircraft Procurement, Air Force’’,

$118,000,000, to remain available for obligation until September

30, 2004: Provided, That the entire amount is designated by the

Congress as an emergency requirement pursuant to section

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

Act of 1985, as amended: Provided further, That $25,000,000 shall

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

that includes designation of $25,000,000 as an emergency requirement as defined in the Balanced Budget and Emergency Deficit

Control Act of 1985, as amended, is transmitted by the President

to the Congress.

PROCUREMENT OF AMMUNITION, AIR FORCE

For an additional amount for ‘‘Procurement of Ammunition,

Air Force’’, $115,000,000, to remain available for obligation until

September 30, 2004: Provided, That the entire amount is designated

by the Congress as an emergency requirement pursuant to section

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

Act of 1985, as amended.

OTHER PROCUREMENT, AIR FORCE

For an additional amount for ‘‘Other Procurement, Air Force’’,

$747,840,000, to remain available for obligation until September

30, 2004: Provided, That the entire amount is designated by the

Congress as an emergency requirement pursuant to section

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

Act of 1985, as amended.

PROCUREMENT, DEFENSE-WIDE

For an additional amount for ‘‘Procurement, Defense-Wide’’,

$104,425,000, to remain available for obligation until September

30, 2004: Provided, That funds may be used to purchase two vehicles

required for physical security of personnel, notwithstanding price

limitations applicable to passenger vehicles, but not to exceed

$175,000 per vehicle: Provided further, That the entire amount

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

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

$4,925,000 shall be available only to the extent an official budget

request, that includes designation of $4,925,000 as an emergency

requirement as defined in the Balanced Budget and Emergency

Deficit Control Act of 1985, as amended, is transmitted by the

President to the Congress.

RESEARCH, DEVELOPMENT, TEST AND EVALUATION

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY

For an additional amount for ‘‘Research, Development, Test

and Evaluation, Army’’, $8,200,000, to remain available for obligation until September 30, 2003: Provided, That the entire amount

PUBLIC LAW 107–206—AUG. 2, 2002 116 STAT. 839

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

Deficit Control Act of 1985, as amended.

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY

For an additional amount for ‘‘Research, Development, Test

and Evaluation, Navy’’, $9,000,000, to remain available for obligation until September 30, 2003: Provided, That the entire amount

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

Deficit Control Act of 1985, as amended.

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR FORCE

For an additional amount for ‘‘Research, Development, Test

and Evaluation, Air Force’’, $198,400,000, to remain available for

obligation until September 30, 2003: Provided, That the entire

amount is designated by the Congress as an emergency requirement

pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That $137,600,000 shall be available only to the extent that an

official budget request, that includes designation of $137,600,000

as an emergency requirement as defined in the Balanced Budget

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

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, DEFENSE-WIDE

For an additional amount for ‘‘Research, Development, Test

and Evaluation, Defense-Wide’’, $67,000,000, to remain available

for obligation until September 30, 2003: Provided, That the entire

amount is designated by the Congress as an emergency requirement

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

GENERAL PROVISIONS—THIS CHAPTER

SEC. 301. (a) The appropriation under the heading ‘‘Research,

Development, Test and Evaluation, Navy’’ in the Department of

Defense Appropriations Act, 2002 (Public Law 107–117) is amended

by adding the following proviso immediately after ‘‘September 30,

2003’’: ‘‘: Provided, That funds appropriated in this paragraph which

are available for the V–22 may be used to meet unique requirements

of the Special Operations Forces’’.

(b) The amendment made by subsection (a) shall be effective

as if enacted as part of the Department of Defense Appropriations

Act, 2002.

SEC. 302. During the current fiscal year, the restrictions contained in subsection (d) of 22 U.S.C. 5952 and section 502 of

the Freedom Support Act (Public Law 102–511) shall not apply

if the President certifies in writing to the Speaker of the House

of Representatives and the President pro tempore of the Senate

that waiving such restrictions is important to the national security

interests of the United States.

SEC. 303. Funds appropriated by this Act, or made available

by the transfer of funds in this Act, for intelligence activities are

deemed to be specifically authorized by the Congress for purposes

Effective date.

115 Stat. 2243.

116 STAT. 840 PUBLIC LAW 107–206—AUG. 2, 2002

of section 504 of the National Security Act of 1947 (50 U.S.C.

414): Provided, That any funds appropriated or transferred to the

Central Intelligence Agency for agent operations or covert action

programs authorized by the President under section 503 of the

National Security Act of 1947, as amended, shall remain available

until September 30, 2003.

SEC. 304. (a) Funds appropriated to the Department of Defense

for fiscal year 2002 for operation and maintenance under the

heading ‘‘Chemical Agents and Munitions Destruction, Army’’, may

be used to pay for additional costs of international inspectors from

the Technical Secretariat of the Organization for the Prohibition

of Chemical Weapons, pursuant to Articles IV and V of the Chemical

Weapons Convention, for inspections and monitoring of Department

of Defense sites and commercial sites that perform services under

contract to the Department of Defense, resulting from the Department of Defense’s program to accelerate its chemical demilitarization schedule.

(b) Expenses which may be paid under subsection (a) include— (1) salary costs for performance of inspection and monitoring duties;

(2) travel, including travel to and from the point of entry

into the United States and internal United States travel;

(3) per diem, not to exceed United Nations rates and in

compliance with United Nations conditions for per diem for

that organization; and

(4) expenses for operation and maintenance of inspection

and monitoring equipment.

SEC. 305. (a)(1) In fiscal year 2002, funds available to the

Department of Defense for assistance to the Government of

Colombia shall be available to support a unified campaign against

narcotics trafficking, against activities by organizations designated

as terrorist organizations such as the Revolutionary Armed Forces

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

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

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

(2) The provision shall also apply to unexpired balances and

assistance previously provided from prior years’ Acts available for

purposes identified in subsection (a)(1).

(3) The authority in this section is in addition to authorities

currently available to provide assistance to Colombia.

(b) The authorities provided in subsection (a) shall not be

exercised until the Secretary of Defense certifies to the Congress

that the provisions of section 601(b) of this Act have been complied

with.

(c) Sections 556, 567, and 568 of Public Law 107–115, section

8093 of the Department of Defense Appropriations Act, 2002, and

the numerical limitations on the number of United States military

personnel and United States individual civilian contractors in section 3204(b)(1) of Public Law 106–246, as amended, shall be

applicable to funds made available pursuant to the authority contained in subsection (a).

(d) No United States Armed Forces personnel or United States

civilian contractor employed by the United States will participate

in any combat operation in connection with assistance made available under this chapter, except for the purpose of acting in self

defense or rescuing any United States citizen to include United

PUBLIC LAW 107–206—AUG. 2, 2002 116 STAT. 841

States Armed Forces personnel, United States civilian employees,

and civilian contractors employed by the United States.

SEC. 306. In addition to amounts appropriated or otherwise

made available elsewhere in this Act for the Department of Defense

or in the Department of Defense and Emergency Supplemental

Appropriations for Recovery from and Response to Terrorist Attacks

on the United States Act, 2002 (Public Law 107–117), $75,000,000,

to remain available until September 30, 2003, is hereby appropriated to the Department of Defense under the heading ‘‘Chemical

Agents and Munitions Destruction, Army’’ for Research, development, test and evaluation, for the purpose of accelerating chemical

agent destruction at Department of Defense facilities: Provided, That the entire amount made available in this section is designated

by the Congress as an emergency requirement pursuant to section

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

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

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

that includes designation of the entire amount as an emergency

requirement as defined in the Balanced Budget and Emergency

Deficit Control Act of 1985, as amended, is transmitted by the

President to the Congress.

(RESCISSIONS)

SEC. 307. Of the funds available in Department of Defense

Appropriations Acts or otherwise available to the Department of

Defense, the following funds are hereby rescinded, from the following accounts in the specified amounts: ‘‘Other Procurement, Air Force’’, 2001/2003, $12,500,000; ‘‘Missile Procurement, Air Force’’, 2002/2004, $11,600,000; ‘‘Other Procurement, Air Force’’, 2002/2004, $52,500,000; ‘‘Procurement, Defense-Wide’’, 2002/2004, $30,000,000; and ‘‘Research, Development, Test and Evaluation, Air Force’’, 2002/2003, $56,500,000.

SEC. 308. During the current fiscal year and hereafter, section

2533a of title 10, United States Code, shall not apply to any transaction entered into to acquire or sustain aircraft under the authority

of section 8159 of the Department of Defense Appropriations Act,

2002 (division A of Public Law 107–117; 115 Stat. 2284).

SEC. 309. The Secretary of the Army shall obligate and expend

the $2,000,000 appropriated for the Army by Public Law 107–

117 for procurement of smokeless nitrocellulose under Activity 1,

instead of under Activity 2, Production Base Support Industrial

Facilities, for the purpose of preserving a commercially owned and

operated capability of producing defense grade nitrocellulose at

the rate of at least 10,000,000 pounds per year in order to preserve

a commercial manufacturing capability for munitions precursor supplies for the High Zone Modular Artillery Charge System and

to preserve competition in that manufacturing capability.

SEC. 310. Not later than 15 days after the date of the enactment

of this Act, the Secretary of Defense shall obligate, from funds

made available in title II of division A of Public Law 107–117

under the heading ‘‘Operation and Maintenance, Defense-Wide’’

(115 Stat. 2233), $4,000,000 for a grant to support the conversion

of the Naval Security Group, Winter Harbor (the naval base on

Schoodic Peninsula), Maine, to utilization as a research and education center for Acadia National Park, Maine, including the

preparation of a plan for the reutilization of the naval base for

Deadline.

10 USC 2401a

note.

116 STAT. 842 PUBLIC LAW 107–206—AUG. 2, 2002

such purpose that will benefit communities in the vicinity of the

naval base and visitors to Acadia National Park and will stimulate

important research and educational activities.

SEC. 311. Of the amount available for fiscal year 2002 for

the Army National Guard for operation and maintenance,

$2,200,000 shall be made available for the Army National Guard

for information operations, information assurance operations, and

training for such operations.

(RESCISSION)

SEC. 312. Of the funds provided under the heading, ‘‘Emergency

Response Fund’’, in Public Law 107–38 that were not subject to

subsequent enactment and not subject to the restrictions of the

fifth proviso of that Act, and subsequently transferred to ‘‘Defense

Emergency Response Fund’’, $224,000,000 of unobligated amounts

are hereby rescinded.

(RESCISSION)

SEC. 313. Of the unobligated funds available in titles III and

IV of the Department of Defense Appropriations Act, 2002,

$226,000,000, reflecting savings from revised economic assumptions,

shall be rescinded within 15 days of enactment of this Act: Provided,

That this reduction shall be applied on a pro-rata basis to each

appropriations account in said titles, and to each line item, program

element, project, subproject, and activity within each such account.

CHAPTER 4

DISTRICT OF COLUMBIA

FEDERAL FUNDS

FEDERAL PAYMENT TO THE CHILDREN’S NATIONAL MEDICAL CENTER

For a Federal payment to the Children’s National Medical

Center in the District of Columbia for implementing the District

Emergency Operations Plan, $10,000,000, to remain available until

September 30, 2003, of which $8,000,000 shall be for the expansion

of quarantine facilities, and $2,000,000 shall be for the establishment of a decontamination facility for children and families: Provided, That the entire amount is designated by the Congress as

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

Balanced Budget and Emergency Deficit Control Act of 1985, as

amended: Provided further, That the entire amount shall be available only to the extent an official budget request that includes

designation of the entire amount of the request as an emergency

requirement as defined in the Balanced Budget and Emergency

Deficit Control Act of 1985, as amended, is transmitted by the

President to the Congress.

FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA

For a Federal payment to the District of Columbia to implement

the District Emergency Operations Plan, $23,000,000, to remain

available until December 1, 2003, of which $12,000,000 is for public

safety expenses related to security events in the District of

Columbia: Provided, That the Chief Financial Officer of the District

PUBLIC LAW 107–206—AUG. 2, 2002 116 STAT. 843

of Columbia shall provide a report, within 15 days of an expenditure,

to the Committees on Appropriations of the House of Representatives and Senate, detailing any expenditure of these funds: Provided

further, That $5,000,000 is for the Unified Communications Center:

Provided further, That $6,000,000 is for the construction of containment facilities and other activities to support the regional Bioterrorism Hospital Preparedness Program at the Washington Hospital

Center: Provided further, That beginning October 1, 2002, the Chief

Financial Officer of the Washington Hospital Center shall provide

quarterly reports to the Committees on Appropriations of the House

of Representatives and Senate, detailing the expenditure of these

funds: Provided further, That the entire amount is designated by

the Congress as an emergency requirement pursuant to section

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

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

shall be available only to the extent an official budget request

that includes designation of the entire amount of the request as

an emergency requirement as defined in the Balanced Budget and

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

by the President to the Congress.

FEDERAL PAYMENT TO THE WASHINGTON METROPOLITAN AREA

TRANSIT AUTHORITY

For a Federal payment to the Washington Metropolitan Area Transit Authority, $8,000,000, to remain available until September

30, 2003, to contribute to the creation of a regional transportation

back-up operations control center: Provided, That the General Manager of the Washington Metropolitan Area Transit Authority shall

submit a plan for the future financing of a regional transportation

back-up operations control center no later than February 5, 2003

to the Committees on Appropriations of the House of Representatives and Senate: Provided further, That the entire amount is

designated by the Congress as an emergency requirement pursuant

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

entire amount shall be available only to the extent an official

budget request that includes designation of the entire amount of

the request as an emergency requirement as defined in the Balanced

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

is transmitted by the President to the Congress.

FEDERAL PAYMENT TO THE METROPOLITAN WASHINGTON COUNCIL

OF GOVERNMENTS

For a Federal payment to the Metropolitan Washington Council of Governments, $1,750,000, to remain available until September

30, 2003, for support of the Regional Incident Communication and

Coordination System, as approved by the Council: Provided, That

the entire amount is designated by the Congress as an emergency

requirement pursuant to section 251(b)(2)(A) of the Balanced Budget

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

further, That the entire amount shall be available only to the

extent an official budget request that includes designation of the

entire amount of the request as an emergency requirement as

defined in the Balanced Budget and Emergency Deficit Control

Act of 1985, as amended, is transmitted by the President to the

Congress.

116 STAT. 844 PUBLIC LAW 107–206—AUG. 2, 2002

FEDERAL PAYMENT TO THE WATER AND SEWER AUTHORITY OF THE

DISTRICT OF COLUMBIA

For a Federal payment to the Water and Sewer Authority

of the District of Columbia for emergency preparedness, $1,250,000,

to remain available until September 30, 2003, for remote monitoring

of water quality: Provided, That the entire amount is designated

by the Congress as an emergency requirement pursuant to section

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

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

shall be available only to the extent an official budget request

that includes designation of the entire amount of the request as

an emergency requirement as defined in the Balanced Budget and

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

by the President to the Congress.

FEDERAL PAYMENT FOR FAMILY COURT ACT

(INCLUDING RESCISSION)

Of the funds appropriated under this heading in the District

of Columbia Appropriations Act, 2002 (Public Law 107–96; 115

Stat. 929), $700,000 made available for the Mayor of the District

of Columbia are rescinded.

For a Federal payment to the Mayor of the District of Columbia

for carrying out the District of Columbia Family Court Act of

2001, $700,000, to remain available until September 30, 2003, of

which $200,000 shall be for completion of a plan by the Mayor

on integrating the computer systems of the District of Columbia

government with the Family Court of the Superior Court of the

District of Columbia: Provided, That $500,000 of such amount provided to the Mayor shall be for the Child and Family Services

Agency to be used for social workers to implement Family Court

reform: Provided further, That the availability of these funds shall

be subject to the reporting and availability requirements under

this heading in the District of Columbia Appropriations Act, 2002

(Public Law 107–96; 115 Stat. 929).

DISTRICT OF COLUMBIA FUNDS

OPERATING EXPENSES

DIVISION OF EXPENSES

The following amounts are appropriated for the District of

Columbia for the current fiscal year out of the general fund of

the District of Columbia.

For public safety expenses related to security events in the

District of Columbia, $12,000,000, to remain available until

December 1, 2003.

For construction of containment facilities and other activities

to support the regional Bioterrorism Hospital Preparedness Program at the Washington Hospital Center, $6,000,000, to remain

available until December 1, 2003.

For the Unified Communications Center, $5,000,000, to remain

available until December 1, 2003.

For carrying out the District of Columbia Family Court Act

of 2001, $700,000, to remain available until September 30, 2003.

PUBLIC LAW 107–206—AUG. 2, 2002 116 STAT. 845

GOVERNMENTAL DIRECTION AND SUPPORT

The paragraph under this heading in the District of Columbia

Appropriations Act, 2002 (Public Law 107–96; 115 Stat. 933) is

amended by striking: ‘‘Provided further, That not less than $353,000

shall be available to the Office of the Corporation Counsel to support

increases in the Attorney Retention Allowance:’’ and inserting: ‘‘Provided further, That not less than $353,000 shall be available to

the Office of the Corporation Counsel to support attorney compensation consistent with performance measures contained in a negotiated collective bargaining agreement:’’.

PUBLIC SAFETY AND JUSTICE

(RESCISSION)

Notwithstanding any other provision of law, of the local funds

appropriated under this heading to the Department of Corrections

for support of the Corrections Information Council in the District

of Columbia Appropriations Act, 2002 (Public Law 107–96; 115

Stat. 935), $100,000 are rescinded.

CORRECTIONS INFORMATION COUNCIL

For operations of the Corrections Information Council, $100,000

from local funds.

PUBLIC EDUCATION SYSTEM

(RESCISSION)

Notwithstanding any other provision of law, of the local funds

appropriated under this heading for public charter schools for the

fiscal year ending September 30, 2002, in the District of Columbia

Appropriations Act, 2002 (Public Law 107–96; 115 Stat. 935),

$37,000,000 are rescinded.

HUMAN SUPPORT SERVICES

For an additional amount for ‘‘Human Support Services’’,

$37,000,000 from local funds: Provided, That $11,000,000 shall be

for the Child and Family Services Agency to address increased

adoption case rates, higher case loads for adoption and emergency

group home utilization: Provided further, That $26,000,000 shall

be for the Department of Mental Health to address a Medicaid

revenue shortfall.

REPAYMENT OF LOANS AND INTEREST

(RESCISSION)

Of the funds appropriated under this heading in the District

of Columbia Appropriations Act, 2002 (Public Law 107–96; 115

Stat. 940), $7,950,000 are rescinded.

CERTIFICATES OF PARTICIPATION

For principal and interest payments on the District’s Certificates of Participation, issued to finance the One Judiciary Square

116 STAT. 846 PUBLIC LAW 107–206—AUG. 2, 2002

ground lease underlying the building located at One Judiciary

Square, $7,950,000 from local funds.

ENTERPRISE AND OTHER FUNDS

WATER AND SEWER AUTHORITY

The following amounts are appropriated for the District of

Columbia for the current fiscal year out of the general fund of

the District of Columbia.

For remote monitoring of water quality, $1,250,000, to remain

available until September 30, 2003.

GENERAL PROVISIONS—THIS CHAPTER

SEC. 401. The District of Columbia may use up to 1 percent

of the funds appropriated to the District of Columbia under the

Emergency Supplemental Act, 2002 (Public Law 107–117; 115 Stat.

2230), to fund the administrative costs that are needed to fulfill

the purposes of that Act. The District may use these funds for

this purpose as of January 10, 2002.

SEC. 402. Section 16(d)(2) of the Victims of Violent Crime

Compensation Act of 1996 (sec. 4–515(d)(2), D.C. Official Code),

as amended by the District of Columbia Appropriations Act, 2002

(Public Law 107–96; 115 Stat. 928) is amended to read as follows:

‘‘(2) 50 percent of such balance shall be transferred from the Fund

to the Mayor and shall be used without fiscal year limitation

for outreach activities designed to increase the number of crime

victims who apply for such direct compensation payments.’’.

SEC. 403. (a) Notwithstanding any other provision of law, the

positive fund balance of the general fund of the District government

which remained at the end of fiscal year 2000 (as reflected in

the complete financial statement and report on the activities of

the District government for such fiscal year under section 448(a)(4)

of the District of Columbia Home Rule Act) shall be used during

fiscal year 2002 to provide the minimum balances required for

fiscal year 2002 for the emergency reserve fund under section

450A of the District of Columbia Home Rule Act and the contingency

reserve fund under section 450B of such Act.

(b) To the extent that the amount of the positive fund balance

described in subsection (a) exceeds the amount required to provide

the minimum balances in the reserve funds described in such subsection, the District government shall use the excess amount—

(1) to address potential deficits in the budget of the District

government for fiscal year 2002, subject to the same conditions

applicable under section 202(j)(3) of the District of Columbia

Financial Responsibility and Management Assistance Act of

1995 to the obligation and expenditure of the budget reserve

and cumulative cash reserve under such section; or

(2) if the Chief Financial Officer of the District of Columbia

certifies that the excess amount is available and is not required

to address potential deficits in the budget of the District government for fiscal year 2002, for Pay-As-You-Go Capital Funds.

(c) To the extent that the excess amount described in subsection

(b) is used to address potential deficits in the budget of the District

government for fiscal year 2002, such amount shall remain available

until expended.

PUBLIC LAW 107–206—AUG. 2, 2002 116 STAT. 847

(d)(1) The item relating to ‘‘District of Columbia Funds—Operating Expenses—Repayment of Loans and Interest’’ in the District

of Columbia Appropriations Act, 2002 (Public Law 107–96; 115

Stat. 940) is amended by striking ‘‘That any funds set aside’’ and

all that follows through ‘‘That for equipment leases,’’ and inserting

‘‘That for equipment leases,’’.

(2) Section 159(c) of the District of Columbia Appropriations

Act, 2001 (Public Law 106–522; 114 Stat. 2482), as amended by

section 133(c) of the District of Columbia Appropriations Act, 2002

(Public Law 107–96; 115 Stat. 956) is amended by striking paragraph (3).

SEC. 404. The Chief Financial Officer of the Washington Metro- politan Area Transit Authority may use up to $2,400,000 from

funds appropriated under Public Law 107–117 under the account, ‘‘Federal Payment to the Washington Metropolitan Area Transit

Authority’’, that contains funds for protective clothing and breathing

apparatus activities, for employee and facility security and completion of the fiber optic network project.

SEC. 405. The District of Columbia Courts may expend up

to $3,000,000 to carry out the District of Columbia Family Court

Act of 2001 from the ‘‘Federal Payment to the District of Columbia

Courts’’ account: Provided, That such funds may be transferred

to the ‘‘Federal Payment to the District of Columbia Courts’’ account

from the ‘‘Federal Payment for Family Court Act’’ account in

reimbursement for such obligations and expenditures as are necessary to implement the District of Columbia Family Court Act

of 2001 for the period from October 1, 2001 to September 30,

2002, once funds in the ‘‘Federal Payment for Family Court Act’’

account become available.

SEC. 406. Section 11–908A(b)(4) of the District of Columbia

Code (as added by Public Law 107–114) is amended by striking

‘‘section 11–1501(b)’’ and inserting ‘‘section 433 of the District of

Columbia Home Rule Act’’.

SEC. 407. (a) Under the heading, ‘‘Federal Payment to the

Thurgood Marshall Academy Charter School’’ provided under Public

Law 107–96, strike ‘‘Anacostia’’ and insert ‘‘Southeast, Washington,

D.C.’’.

(b) Under the heading, ‘‘Federal Payment to Southeastern

University’’ provided under Public Law 107–96, strike everything

after ‘‘a public/private partnership’’ and insert in lieu thereof, ‘‘to

plan a two year associate degree program.’’.

SEC. 408. Section 119 of the District of Columbia Appropriations

Act, 2002 (Public Law 107–96; 115 Stat. 950) is amended as follows:

(1) In the heading, by inserting ‘‘AND OTHER FUNDS’’ after

‘‘GRANTS’’.

(2) In subsection (a), by inserting ‘‘and other funds’’ after

‘‘other grants’’.

(3) By amending subsection (b) to read as follows:

‘‘(b) REQUIREMENTS.—

‘‘(1) CHIEF FINANCIAL OFFICER REPORT AND COUNCIL

APPROVAL FOR GRANTS.— ‘‘(A) No such Federal, private, or other grant may

be accepted, obligated, or expended pursuant to subsection

(a) until—

‘‘(i) the Chief Financial Officer of the District of

Columbia submits to the Council a report setting forth

detailed information regarding such grant; and

115 Stat. 925.

115 Stat. 932.

115 Stat. 2101.

116 STAT. 848 PUBLIC LAW 107–206—AUG. 2, 2002

‘‘(ii) the Council has reviewed and approved the

acceptance, obligation, and expenditure of such grant.

‘‘(B) For purposes of subparagraph (A)(ii), the Council

shall be deemed to have reviewed and approved the acceptance, obligation, and expenditure of a grant if— ‘‘(i) no written notice of disapproval is filed with

the Secretary of the Council within 14 calendar days

of the receipt of the report from the Chief Financial

Officer under subparagraph (A)(i); or ‘‘(ii) if such a notice of disapproval is filed within

such deadline, the Council does not by resolution disapprove the acceptance, obligation, or expenditure of

the grant within 30 calendar days of the initial receipt

of the report from the Chief Financial Officer under

subparagraph (A)(i). ‘‘(2) CERTIFICATION OF CHIEF FINANCIAL OFFICER AND

NOTIFICATION OF COMMITTEES FOR OTHER FUNDS.—No funds

which are not grants may be accepted, obligated, or expended

pursuant to subsection (a)— ‘‘(A) unless the Chief Financial Officer of the District

of Columbia certifies that the funds are available and are

not required to address potential deficits; and ‘‘(B) until the expiration of the 14-day period which

begins on the date the Mayor notifies the Committees

on Appropriations of the House of Representatives and

Senate of the acceptance, obligation, and expenditure of

such funds.’’. (4) In subsection (c)— (A) by striking ‘‘under subsection (b)(2) of this section’’ and inserting ‘‘or other funds under this section’’;

(B) by inserting ‘‘or other funds’’ after ‘‘or other grant’’;

and

(C) by striking ‘‘such paragraph’’ and inserting ‘‘this

section’’. (5) In subsection (d), by inserting ‘‘and other funds’’ after ‘‘and other grants’’. SEC. 409. Effective June 30, 2002, the authority which the

Chief Financial Officer of the District of Columbia exercised with

respect to personnel, procurement, and the preparation of fiscal

impact statements during a control period (as defined in Public

Law 104–8) shall remain in effect through July 1, 2003 or until

such time as the District of Columbia Fiscal Integrity Act becomes

effective, whichever occurs sooner.

CHAPTER 5

DEPARTMENT OF DEFENSE—CIVIL

DEPARTMENT OF THE ARMY

CORPS OF ENGINEERS—CIVIL

OPERATION AND MAINTENANCE, GENERAL

For an additional amount for ‘‘Operation and Maintenance,

General’’ for emergency expenses, $108,200,000, to remain available

until September 30, 2003: Provided, That the entire amount shall

be available only to the extent an official budget request that

Effective date.

PUBLIC LAW 107–206—AUG. 2, 2002 116 STAT. 849

includes designation of the entire amount of the request as an

emergency requirement as defined in the Balanced Budget and

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

by the President to the Congress: Provided further, That the entire

amount is designated by the Congress as an emergency requirement

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

That funds made available under this heading in this Act and

in Public Law 107–117 may be used to fund measures and activities

undertaken by the Secretary of the Army, acting through the Chief

of Engineers, to protect and secure any infrastructure owned or

operated by, or on behalf of, the U.S. Army Corps of Engineers,

including administrative buildings and facilities; and, in addition,

$32,000,000, to remain available until expended: Provided, That

using the funds appropriated herein, the Secretary of the Army,

acting through the Chief of Engineers, is directed to repair, restore,

and clean-up Corps’ projects and facilities and dredge navigation

channels, restore and clean out area streams, provide emergency

streambank protection, restore other crucial public infrastructure

(including sewer and water facilities), document flood impacts and

undertake other flood recovery efforts deemed necessary and advisable by the Chief of Engineers: Provided further, That $10,000,000

of the funds provided shall be for Southern West Virginia, Eastern

Kentucky, and Southwestern Virginia: Provided further, That the

remaining $22,000,000 shall be available for Western Illinois,

Southern Indiana, Eastern Missouri, and the Upper Peninsula of

Michigan.

DEPARTMENT OF THE INTERIOR

BUREAU OF RECLAMATION

WATER AND RELATED RESOURCES

For an additional amount for ‘‘Water and Related Resources’’,

$7,000,000, to remain available until expended: Provided, That

$3,000,000 is for the drilling of emergency wells in Santa Fe,

New Mexico: Provided further, That $4,000,000 is to be used for

the lease of up to 38,000 acre-feet of emergency water for the

Rio Grande in New Mexico, in compliance with the existing

biological opinion.

DEPARTMENT OF ENERGY

ENERGY PROGRAMS

SCIENCE

For an additional amount for ‘‘Science’’ for emergency expenses

necessary to support safeguards and security activities, $24,000,000:

Provided, That the entire amount shall be available only to the

extent an official budget request that includes designation of the

entire amount of the request as an emergency requirement as

defined in the Balanced Budget and Emergency Deficit Control

Act of 1985, as amended, is transmitted by the President to the

Congress: Provided further, That the entire amount is designated

by the Congress as an emergency requirement pursuant to section

116 STAT. 850 PUBLIC LAW 107–206—AUG. 2, 2002

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

Act of 1985, as amended.

ATOMIC ENERGY DEFENSE ACTIVITIES

NATIONAL NUCLEAR SECURITY ADMINISTRATION

WEAPONS ACTIVITIES

(INCLUDING RESCISSION)

For an additional amount for ‘‘Weapons Activities’’ for emergency expenses, $158,050,000: Provided, That $138,650,000 shall

be available only to the extent that an official budget request

for $138,650,000 that includes designation of the entire amount

of the request as an emergency requirement as defined in the

Balanced Budget and Emergency Deficit Control Act of 1985, as

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

further, That the entire amount is designated by the Congress

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

the Balanced Budget and Emergency Deficit Control Act of 1985,

as amended.

Of the funds appropriated under this heading in Public Law

107–66 and prior Energy and Water Development Appropriations Acts, $14,460,000 of unexpended balances are rescinded.

DEFENSE NUCLEAR NONPROLIFERATION

For an additional amount for ‘‘Defense Nuclear Nonproliferation’’ for emergency activities necessary to support the safeguarding

of nuclear material, $100,000,000, to remain available until

December 31, 2002.

OFFICE OF THE ADMINISTRATOR

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

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

amount is designated by the Congress as an emergency requirement

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

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

official budget request that includes designation of the entire

amount of the request as an emergency requirement as defined

in the Balanced Budget and Emergency Deficit Control Act of

1985, as amended, is transmitted by the President to the Congress.

ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES

DEFENSE ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT

(INCLUDING RESCISSION)

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

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

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

official budget request that includes designation of the entire

amount of the request as an emergency requirement as defined

in the Balanced Budget and Emergency Deficit Control Act of

PUBLIC LAW 107–206—AUG. 2, 2002 116 STAT. 851

1985, as amended, is transmitted by the President to the Congress:

Provided further, That the entire amount is designated by the

Congress as an emergency requirement pursuant to section

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

Act of 1985, as amended.

Of the funds appropriated under this heading in Public Law

107–66 and prior Energy and Water Development Appropriations Acts, $15,540,000 of unexpended balances are rescinded.

DEFENSE FACILITIES CLOSURE PROJECTS

For an additional amount for ‘‘Defense Facilities Closure

Projects’’ for emergency expenses necessary to support safeguards and security activities, $14,000,000: Provided, That the entire

amount shall be available only to the extent an official budget

request that includes designation of the entire amount of the request

as an emergency requirement as defined in the Balanced Budget

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

the entire amount is designated by the Congress as an emergency

requirement pursuant to section 251(b)(2)(A) of the Balanced Budget

and Emergency Deficit Control Act of 1985, as amended.

OTHER DEFENSE ACTIVITIES

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

emergency expenses necessary to support energy security and assurance activities, $7,000,000: Provided, That the entire amount is

designated by the Congress as an emergency requirement pursuant

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

GENERAL PROVISIONS—THIS CHAPTER

SEC. 501. The amounts invested by the non-Federal interests

in the biomass project at Winona, Mississippi, before the date

of enactment of this Act shall constitute full satisfaction of the

cost-sharing requirement under section 3002 of the Energy Policy

Act of 1992 (42 U.S.C. 13542).

SEC. 502. Section 1 of Public Law 105–204 (112 Stat. 681)

is amended—

(1) in subsection (b), by striking ‘‘until the date’’ and all

that follows and inserting ‘‘until the date that is 30 days

after the date on which the Secretary of Energy awards a

contract under subsection (c), and no such amounts shall be

available for any purpose except to implement the contract.’’;

and

(2) by striking subsection (c) and inserting the following:

‘‘(c) CONTRACTING REQUIREMENTS.—

‘‘(1) IN GENERAL.—Notwithstanding any other provision of

law (except section 1341 of title 31, United States Code), the

Secretary of Energy shall— ‘‘(A) 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

Deadlines.

116 STAT. 852 PUBLIC LAW 107–206—AUG. 2, 2002

January 15, 2002, to confirm or reinstate the offers in

accordance with this paragraph, with a deadline for offerors

to deliver reinstatement or confirmation to the Secretary

of Energy not later than 20 days after the date of enactment

of this paragraph; and

‘‘(B) not later than 30 days after the date of enactment

of this paragraph, select for award of a contract the best

value of proposals confirmed or reinstated under subparagraph (A), and award a contract for the scope of work

stated in the Request for Proposals, including the design,

construction, and operation of—

‘‘(i) a facility described in subsection (a) on the

site of the gaseous diffusion plant at Paducah, Kentucky; and

‘‘(ii) a facility described in subsection (a) on the

site of the gaseous diffusion plant at Portsmouth, Ohio.

‘‘(2) CONTRACT TERMS.—Notwithstanding any other provision of law (except section 1341 of title 31, United States

Code) the Secretary of Energy shall negotiate with the awardee

to modify the contract awarded under paragraph (1) to—

‘‘(A) require, as a mandatory item, that groundbreaking

for construction occur not later than July 31, 2004, and

that construction proceed expeditiously thereafter;

‘‘(B) include as an item of performance the transportation, conversion, and disposition of depleted uranium contained in cylinders located at the Oak Ridge K–25 uranium

enrichment facility located in the East Tennessee Technology Park at Oak Ridge, Tennessee, consistent with

environmental agreements between the State of Tennessee

and the Secretary of Energy; and

‘‘(C) specify that the contractor shall not proceed to

perform any part of the contract unless sufficient funds

have been appropriated, in advance, specifically to pay

for that part of the contract.

‘‘(3) CERTIFICATION OF GROUNDBREAKING.—Not later than

5 days after the date of groundbreaking for each facility, the

Secretary of Energy shall submit to Congress a certification

that groundbreaking has occurred.

‘‘(d) FUNDING.—

‘‘(1) IN GENERAL.—For purposes of carrying out this section,

the Secretary of Energy may use any available appropriations

(including transferred unobligated balances).

‘‘(2) AUTHORIZATION OF APPROPRIATIONS.—There are

authorized to be appropriated, in addition to any funds made

available under paragraph (1), such sums as are necessary

to carry out this section.’’.

Deadline.

Deadline.

Deadline.

PUBLIC LAW 107–206—AUG. 2, 2002 116 STAT. 853

CHAPTER 6

BILATERAL ECONOMIC ASSISTANCE

FUNDS APPROPRIATED TO THE PRESIDENT

UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

CHILD SURVIVAL AND HEALTH PROGRAMS FUND

For an additional amount for ‘‘Child Survival and Health Programs Fund’’ for emergency expenses for activities related to combating HIV/AIDS, tuberculosis, and malaria, $200,000,000, to

remain available until June 30, 2003: Provided, That such activities

should include maternal health and related assistance in communities heavily impacted by HIV/AIDS: Provided further, That additional assistance should be provided to prevent transmission of

HIV/AIDS from mother to child: Provided further, That of the

funds appropriated under this heading in this Act, not less than

$100,000,000 should be made available for a further United States

contribution to the Global Fund to Fight AIDS, Tuberculosis, and

Malaria: Provided further, That the cumulative amount of United

States contributions to the Global Fund may not exceed the total

resources provided by other donors and available for use by the

Global Fund as of December 31, 2002: Provided further, That of

the funds appropriated under this heading, up to $6,000,000 may

be transferred to and merged with funds appropriated by this

Act under the heading ‘‘Operating Expenses of the United States

Agency for International Development’’ for costs directly related

to international health: Provided further, That funds appropriated

by this paragraph shall be apportioned to the United States Agency

for International Development, and the authority of sections 632(a)

or 632(b) of the Foreign Assistance Act of 1961, or any similar

provision of law, may not be used to transfer or allocate any

part of such funds to any agency of the United States Government:

Provided further, That the entire amount is designated by the

Congress as an emergency requirement pursuant to section

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

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

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

that includes designation of the entire amount of the request as

an emergency requirement as defined in the Balanced Budget and

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

by the President to the Congress: Provided further, That the funds

appropriated under this heading shall be subject to the regular

notification procedures of the Committees on Appropriations.

INTERNATIONAL DISASTER ASSISTANCE

For an additional amount for ‘‘International Disaster Assistance’’ for emergency expenses for activities related to combating

international terrorism, including repairing homes of Afghan citizens that were damaged as a result of military operations,

$134,000,000, to remain available until September 30, 2003.

In addition, for an additional amount for ‘‘International Disaster Assistance’’ for assistance for the West Bank and Gaza,

$50,000,000, to remain available until September 30, 2003: Provided, That none of the funds appropriated by this Act may be

116 STAT. 854 PUBLIC LAW 107–206—AUG. 2, 2002

obligated or expended with respect to providing funds to the Palestinian Authority: Provided further, That the entire amount provided

under this heading in this Act is designated by the Congress as

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

Balanced Budget and Emergency Deficit Control Act of 1985, as

amended: Provided further, That $144,000,000 shall be available

only to the extent an official budget request, that includes designation of $144,000,000, including $50,000,000 for the West Bank

and Gaza, as an emergency requirement as defined in the Balanced

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

is transmitted by the President to the Congress.

OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR

INTERNATIONAL DEVELOPMENT

For an additional amount for ‘‘Operating Expenses of the United

States Agency for International Development’’ for emergency

expenses for activities related to combating international terrorism,

$7,000,000, to remain available until September 30, 2003: Provided,

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

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

OTHER BILATERAL ECONOMIC ASSISTANCE

ECONOMIC SUPPORT FUND

For an additional amount for ‘‘Economic Support Fund’’ for

emergency expenses for activities related to combating international

terrorism, $665,000,000, to remain available until June 30, 2003:

Provided, That of the funds appropriated by this paragraph that

are made available for assistance for Pakistan, $1,000,000 should

be made available for programs and activities which support the

development of independent media in Pakistan: Provided further,

That of the funds appropriated by this paragraph, $10,000,000

should be made available for the establishment of a pilot academic

year international youth exchange program for secondary school

students from countries with significant Muslim populations: Provided further, That funds made available pursuant to the previous

proviso shall not be available for a country in which a similar

academic year youth exchange program is currently funded by

the United States: Provided further, That of the funds appropriated

by this paragraph, $200,000,000 shall be made available for assistance for Israel, all or a portion of which may be transferred to,

and merged with, funds appropriated by this Act under the heading

‘‘NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED PROGRAMS’’ for defensive, non-lethal anti-terrorism assistance in accordance with the provisions of chapter 8 of part II of the Foreign

Assistance Act of 1961: Provided further, That the entire amount

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

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

$200,000,000 shall be available only to the extent an official budget

request, that includes designation of $200,000,000 for Israel as

an emergency requirement as defined in the Balanced Budget and

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

by the President to the Congress: Provided further, That funds

appropriated under this heading, and funds appropriated under

PUBLIC LAW 107–206—AUG. 2, 2002 116 STAT. 855

this heading in prior Acts that are made available for the purposes

of this paragraph, may be made available notwithstanding section

512 of Public Law 107–115 or any similar provision of law: Provided

further, That the Secretary of State shall inform the Committees

on Appropriations at least 15 days prior to the obligation of funds

appropriated by this paragraph.

ASSISTANCE FOR THE INDEPENDENT STATES OF THE FORMER SOVIET

UNION

For an additional amount for ‘‘Assistance for the Independent

States of the Former Soviet Union’’ for emergency expenses for

activities related to combating international terrorism,

$110,000,000, to remain available until June 30, 2003: Provided,

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

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

Provided further, That the Secretary of State shall inform the

Committees on Appropriations at least 15 days prior to the obligation of funds appropriated by this paragraph.

DEPARTMENT OF STATE

INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT

For an additional amount for ‘‘International Narcotics Control

and Law Enforcement’’ for emergency expenses for activities related

to combating international terrorism, $117,000,000, to remain available until September 30, 2003: Provided, That funds appropriated

under this heading should be made available to train and equip

a Colombian Armed Forces unit dedicated to apprehending the

leaders of paramilitary organizations: Provided further, That of

the funds appropriated by this paragraph, not to exceed $6,000,000

may be made available for assistance for the Colombian Armed

Forces for purposes of protecting the Cano Limon pipeline: Provided

further, That prior to the obligation of funds under the previous

proviso, the Secretary of State shall submit a report to the Committees on Appropriations describing: (1) the estimated oil revenues

collected by the Government of Colombia from the Cano Limon

pipeline for the preceding 12 months; (2) the amounts expended

during such period by the Government of Colombia and private

companies owning a financial interest in the pipeline for primary

health care, basic education, micro-enterprise and other programs

and activities to improve the lives of the people of Arauca department; (3) steps that are being taken to increase and expand support

for these programs and activities; and (4) mechanisms that are

being established to adequately monitor such funds: Provided further, That of the funds appropriated by this paragraph, not to

exceed $4,000,000 should be made available for law enforcement

training for Indonesian police forces: Provided further, That the

Secretary of State shall inform the Committees on Appropriations

at least 15 days prior to the obligation of funds appropriated by

this paragraph: Provided further, That the entire amount is designated by the Congress as an emergency requirement pursuant

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

$3,000,000 shall be available only to the extent an official budget

request, that includes designation of $3,000,000 as an emergency

116 STAT. 856 PUBLIC LAW 107–206—AUG. 2, 2002

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 activi- ties related to combating international terrorism, $88,000,000, to

remain available until September 30, 2003: Provided, That of the

funds appropriated by this paragraph, not to exceed $12,000,000

should be made available for assistance for Indonesia: Provided

further, That of the funds appropriated by this paragraph, up to $1,000,000 may be made available for small arms and light weapons

destruction in Afghanistan: Provided further, That of the funds

appropriated by this paragraph, up to $1,000,000 may be made

available for the Nonproliferation and Disarmament Fund: Provided

further, That the entire amount is designated by the Congress

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

the Balanced Budget and Emergency Deficit Control Act of 1985,

as amended: Provided further, That $5,000,000 shall be available

only to the extent an official budget request, that includes designation of $5,000,000 as an emergency requirement as defined in

the Balanced Budget and Emergency Deficit Control Act of 1985,

as amended, is transmitted by the President to the Congress: Provided further, That funds appropriated by this paragraph shall

be subject to the regular notification procedures of the Committees

on Appropriations.

MILITARY ASSISTANCE

FUNDS APPROPRIATED TO THE PRESIDENT

FOREIGN MILITARY FINANCING PROGRAM

For an additional amount for ‘‘Foreign Military Financing Program’’ for emergency expenses for activities related to combating international terrorism, $387,000,000, to remain available until

June 30, 2003: Provided, That funds made available by this Act

for assistance for the Government of Uzbekistan may be made

available if the Secretary of State determines and reports to the

Committees on Appropriations that the Government of Uzbekistan

is making substantial and continuing progress in meeting its

PUBLIC LAW 107–206—AUG. 2, 2002 116 STAT. 857

commitments under the ‘‘Declaration on the Strategic Partnership

and Cooperation Framework Between the Republic of Uzbekistan

and the United States of America’’: Provided further, That the

entire amount is designated by the Congress as an emergency

requirement pursuant to section 251(b)(2)(A) of the Balanced Budget

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

further, That $30,000,000 shall be available only to the extent

an official budget request, that includes designation of $30,000,000

for the Philippines as an emergency requirement as defined in

the Balanced Budget and Emergency Deficit Control Act of 1985,

as amended, is transmitted by the President to the Congress: Provided further, That the Secretary of State shall inform the Committees on Appropriations at least 15 days prior to the obligation

of funds appropriated by this paragraph: Provided further, That

funds appropriated under this heading, and funds appropriated

under this heading in prior Acts that are made available for the

purposes of this paragraph, may be made available notwithstanding

section 512 of the Foreign Operations, Export Financing, and

Related Programs Appropriations Act, 2002 or any similar provision

of law: Provided further, That not to exceed $2,000,000 of the

funds appropriated in this paragraph may be obligated for necessary

expenses, including the purchase of passenger motor vehicles for

use outside of the United States, for the general cost of administering military assistance and sales.

PEACEKEEPING OPERATIONS

For an additional amount for ‘‘Peacekeeping Operations’’ for

emergency expenses for activities related to combating international

terrorism, $20,000,000, to remain available until June 30, 2003:

Provided, That the entire amount is designated by the Congress

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

the Balanced Budget and Emergency Deficit Control Act of 1985,

as amended: Provided further, That funds appropriated by this

paragraph shall be available only for Afghanistan, and may be

made available notwithstanding section 512 of Public Law 107–

115 or any similar provision of law.

EXPORT AND INVESTMENT ASSISTANCE

EXPORT-IMPORT BANK OF THE UNITED STATES

(RESCISSION)

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

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

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

Acts making appropriations for foreign operations, export financing,

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

BILATERAL ECONOMIC ASSISTANCE

FUNDS APPROPRIATED TO THE PRESIDENT

(RESCISSION)

Of the funds appropriated to carry out the provisions of parts

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

East European Democracy (SEED) Act of 1989, and the FREEDOM

116 STAT. 858 PUBLIC LAW 107–206—AUG. 2, 2002

Support Act, in title II of the Foreign Operations, Export Financing,

and Related Programs Appropriations Act, 2000 (as contained in

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

foreign operations, export financing, and related programs,

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

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

the heading ‘‘Development Assistance’’ in said Acts: Provided further, That no rescission may be made from funds appropriated

to carry out the provisions of section 104(c) of the Foreign Assistance

Act of 1961.

MULTILATERAL ECONOMIC ASSISTANCE

FUNDS APPROPRIATED TO THE PRESIDENT

INTERNATIONAL FINANCIAL INSTITUTIONS

(RESCISSION)

The unobligated balances of funds provided in Public Law 92–

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

to international financial institutions are rescinded.

GENERAL PROVISIONS—THIS CHAPTER

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

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

of State for assistance to the Government of Colombia shall

be available to support a unified campaign against narcotics

trafficking, against activities by organizations designated as

terrorist organizations such as the Revolutionary Armed Forces

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

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

take actions to protect human health and welfare in emergency

circumstances, including undertaking rescue operations.

(2) This provision shall also apply to unexpired balances

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

(3) The authority in this section is in addition to authorities

currently available to provide assistance to Colombia.

(b) In order to ensure effectiveness of United States support

for such a unified campaign, prior to the exercise of the authority

contained in subsection (a), the Secretary of State shall report

to the Committees on Appropriations that—

(1) the newly elected President of Colombia has—

(A) committed, in writing, to establish comprehensive

policies to combat illicit drug cultivation, manufacturing,

and trafficking (particularly with respect to providing economic opportunities that offer viable alternatives to illicit

crops) and to restore government authority and respect

for human rights in areas under the effective control of

paramilitary and guerrilla organizations;

(B) committed, in writing, to implement significant

budgetary and personnel reforms of the Colombian Armed

Forces; and

(C) committed, in writing, to support substantial additional Colombian financial and other resources to implement such policies and reforms, particularly to meet the

PUBLIC LAW 107–206—AUG. 2, 2002 116 STAT. 859

country’s previous commitments under ‘‘Plan Colombia’’;

and

(2) no United States Armed Forces personnel or United

States civilian contractor employed by the United States will

participate in any combat operation in connection with assistance made available for Colombia under this chapter.

(c) The authority provided in subsection (a) shall cease to

be effective if the Secretary of State has credible evidence that

the Colombian Armed Forces are not conducting vigorous operations

to restore government authority and respect for human rights in

areas under the effective control of paramilitary and guerrilla

organizations.

(d) Sections 556, 567, and 568 of Public Law 107–115, section

8093 of the Department of Defense Appropriations Act, 2002, and

the numerical limitations on the number of United States military

personnel and United States individual civilian contractors in section 3204(b)(1) of Public Law 106–246, as amended, shall be

applicable to funds made available pursuant to the authority contained in subsection (a).

DONATED SHIPMENT OF HUMANITARIAN ASSISTANCE OVERSEAS

SEC. 602. During fiscal year 2002, of the amounts made available by the United States Agency for International Development

to carry out the provisions of section 123(b) of the Foreign Assistance Act of 1961, funds may be made available to non-governmental

organizations for administrative costs necessary to implement a

program to obtain available donated space on commercial ships

for the shipment of humanitarian assistance overseas.

REPORTS ON AFGHANISTAN SECURITY AND DELIVERY OF ASSISTANCE

SEC. 603. The President shall transmit to the Committee on

Appropriations and the Committee on International Relations of

the House of Representatives and the Committee on Appropriations

and the Committee on Foreign Relations of the Senate two reports

setting forth a strategy for meeting the security needs of Afghanistan in order to promote safe and effective delivery of humanitarian

and other assistance throughout Afghanistan, further the rule of

law and civil order, and support the formation of a functioning,

representative Afghan national government. The first report, which

should be transmitted no later than 30 days after enactment of

this Act, should report on the strategy for meeting the immediate

security needs of Afghanistan. The second report, which should

be transmitted no later than 90 days after enactment of this Act,

should report on a long term strategy for meeting the security

needs of Afghanistan and should include a reassessment of the

strategy to meet the immediate security needs if they have changed

substantially.

Deadline.

Deadline.

President.

116 STAT. 860 PUBLIC LAW 107–206—AUG. 2, 2002

CHAPTER 7

DEPARTMENT OF THE INTERIOR

BUREAU OF LAND MANAGEMENT

MANAGEMENT OF LANDS AND RESOURCES

For an additional amount for ‘‘Management of Lands and

Resources’’, $658,000, for emergency security expenses, to remain

available until expended: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant

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

entire amount shall be available only to the extent an official

budget request that includes designation of the entire amount of

the request as an emergency requirement as defined in the Balanced

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

is transmitted by the President to the Congress.

UNITED STATES FISH AND WILDLIFE SERVICE

RESOURCE MANAGEMENT

For an additional amount for ‘‘Resource Management’’, $1,038,000, for emergency security expenses, to remain available

until expended: Provided, That the entire amount is designated

by the Congress as an emergency requirement pursuant to section

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

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

shall be available only to the extent an official budget request

that includes designation of the entire amount of the request as

an emergency requirement as defined in the Balanced Budget and

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

by the President to the Congress.

CONSTRUCTION

For an additional amount for ‘‘Construction’’, $3,125,000, to

remain available until expended, for facility and safety improvements related to homeland security: Provided, That the Congress

designates the entire amount as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency

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

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

budget request that includes designation of the entire amount of

the request as an emergency requirement as defined in the Balanced

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

is transmitted by the President to the Congress.

NATIONAL PARK SERVICE

OPERATION OF THE NATIONAL PARK SYSTEM

For an additional amount for ‘‘Operation of the National Park

System’’, $1,173,000, for emergency security expenses, to remain

available until expended: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant

PUBLIC LAW 107–206—AUG. 2, 2002 116 STAT. 861

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

entire amount shall be available only to the extent an official

budget request that includes designation of the entire amount of

the request as an emergency requirement as defined in the Balanced

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

is transmitted by the President to the Congress.

CONSTRUCTION

For an additional amount for ‘‘Construction’’, $17,651,000, to

remain available until expended: Provided, That the Congress designates the entire amount as an emergency requirement pursuant

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

entire amount shall be available only to the extent an official

budget request that includes designation of the entire amount of

the request as an emergency requirement as defined in the Balanced

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

is transmitted by the President to the Congress.

UNITED STATES GEOLOGICAL SURVEY

SURVEYS, INVESTIGATIONS, AND RESEARCH

For an additional amount for ‘‘Surveys, Investigations, and

Research’’, $26,000,000, to remain available until expended, of

which $20,000,000 is for high resolution mapping and imagery

of the Nation’s strategic cities, and of which $6,000,000 is for

data storage infrastructure upgrades and emergency power supply

system improvements at the Earth Resources Observation Systems

Data Center: Provided, That the Congress designates the entire

amount as an emergency requirement pursuant to section

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

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

shall be available only to the extent an official budget request

that includes designation of the entire amount of the request as

an emergency requirement as defined in the Balanced Budget and

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

by the President to the Congress.

BUREAU OF INDIAN AFFAIRS

OPERATION OF INDIAN PROGRAMS

(INCLUDING RESCISSION OF FUNDS)

For an additional amount for ‘‘Operation of Indian Programs’’,

$134,000, for emergency security expenses, to remain available

until expended: Provided, That the entire amount is designated

by the Congress as an emergency requirement pursuant to section

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

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

shall be available only to the extent an official budget request

that includes designation of the entire amount of the request as

an emergency requirement as defined in the Balanced Budget and

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

by the President to the Congress.

116 STAT. 862 PUBLIC LAW 107–206—AUG. 2, 2002

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 wild- fire suppression operations, $50,000,000, to remain available until

expended: Provided, That such funds are also available for repayment of advances to other appropriation accounts from which funds

were previously transferred for wildfire suppression: Provided further, That the entire amount is designated by the Congress as

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

Balanced Budget and Emergency Deficit Control Act of 1985, as

amended: Provided further, That the entire amount shall be available only to the extent that an official budget request, that includes

designation of the entire amount of the request as an emergency

requirement as defined in the Balanced Budget and Emergency

Deficit Control Act of 1985, as amended, is transmitted by the

President to the Congress.

CAPITAL IMPROVEMENT AND MAINTENANCE

For an additional amount for ‘‘Capital Improvement and

Maintenance’’, $3,500,000, to remain available until expended, for

facility enhancements to protect property from acts of terrorism,

vandalism, and theft: Provided, That the Congress designates the

entire amount as an emergency requirement pursuant to section

PUBLIC LAW 107–206—AUG. 2, 2002 116 STAT. 863

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

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

shall be available only to the extent an official budget request

that includes designation of the entire amount of the request as

an emergency requirement as defined in the Balanced Budget and

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

by the President to the Congress.

RELATED AGENCY

SMITHSONIAN INSTITUTION

SALARIES AND EXPENSES

For an additional amount for ‘‘Salaries and Expenses’’, of the

Smithsonian Institution, $10,000,000, for emergency security

expenses, to remain available until expended: Provided, That the

entire amount is designated by the Congress as an emergency

requirement pursuant to section 251(b)(2)(A) of the Balanced Budget

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

further, That the entire amount shall be available only to the

extent an official budget request that includes designation of the

entire amount of the request as an emergency requirement as

defined in the Balanced Budget and Emergency Deficit Control

Act of 1985, as amended, is transmitted by the President to the

Congress.

CONSTRUCTION

For an additional amount for ‘‘Construction’’, $2,000,000, to

remain available until expended, for planning, design, and construction of an alcohol collections storage facility at the Museum Support

Center: Provided, That the Congress designates the entire amount

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

the Balanced Budget and Emergency Deficit Control Act of 1985,

as amended: Provided further, That the entire amount shall be

available only to the extent an official budget request that includes

designation of the entire amount of the request as an emergency

requirement as defined in the Balanced Budget and Emergency

Deficit Control Act of 1985, as amended, is transmitted by the

President to the Congress.

GENERAL PROVISIONS—THIS CHAPTER

SEC. 701. Within 10 days of enactment of this Act, funds

appropriated to the Forest Service under the heading ‘‘Wildland

Fire Management’’ in Public Law 107–63 for the following purposes:

$5,000,000 for research activities and $10,000,000 for capital

improvement and maintenance of fire facilities, shall be released

and made available for immediate obligation. These funds are not

available for transfer for purposes other than those described in

this section.

SEC. 702. None of the funds appropriated in this or any other

Act, except funds appropriated to the Office of Management and

Budget, shall be available to study the transfer of any research

activities from the Smithsonian Institution to the National Science

Foundation.

116 STAT. 864 PUBLIC LAW 107–206—AUG. 2, 2002

SEC. 703. In fiscal year 2002 and thereafter, the Secretary

of the Interior may charge reasonable fees for services provided

at Midway Atoll National Wildlife Refuge, including fuel sales,

and retain those fees, to be credited to the United States Fish

and Wildlife Service, ‘‘Resource Management’’ account and remain

available until expended for operation and maintenance of infrastructure and staffing required for non-refuge specific needs,

including meeting the terms necessary for an airport operating

certificate and the purchase of fuel supplies.

SEC. 704. The Department of the Interior and Related Agencies

Appropriations Act, 2002 (Public Law 107–63), under the head ‘‘Minerals Management Service, Royalty and Offshore Minerals

Management’’ is amended by striking the word ‘‘and’’ immediately

following the word ‘‘points,’’ in the sixth proviso, and by inserting

immediately after the word ‘‘program’’ in the sixth proviso ‘‘, or

under its authority to transfer oil to the Strategic Petroleum

Reserve,’’, and by inserting at the end of the sixth proviso immediately preceding the colon, the following, ‘‘and to recover MMS

transportation costs, salaries and other administrative costs directly

related to filling the Strategic Petroleum Reserve’’. SEC. 705. In entering into agreements with foreign countries

pursuant to the Wildfire Suppression Assistance Act (42 U.S.C.

1856m) the Secretary of Agriculture and the Secretary of the

Interior are authorized to enter into reciprocal agreements in which

the individuals furnished under said agreements to provide wildfire

services are considered, for purposes of tort liability, employees

of the country receiving said services when the individuals are

fighting fires. The Secretary of Agriculture or the Secretary of

the Interior shall not enter into any agreement under this provision

unless the foreign country (either directly or through its fire

organization) agrees to assume any and all liability for the acts

or omissions of American firefighters engaged in firefighting in

a foreign country. When an agreement is reached for furnishing

fire fighting services, the only remedies for acts or omissions committed while fighting fires shall be those provided under the laws

of the host country and those remedies shall be the exclusive

remedies for any claim arising out of fighting fires in a foreign

country. Neither the sending country nor any organization associated with the firefighter shall be subject to any action whatsoever

pertaining to or arising out of fighting fires.

SEC. 706. (a) FINDINGS.—Congress finds that—

(1) forest health conditions within the Beaver Park Area

and the Norbeck Wildlife Preserve within the Black Hills

National Forest are deteriorating and immediate action to treat

these areas is in the public interest;

(2) the existing settlement agreement in Biodiversity

Associates v. Laverty, Civil Action No. 99–N–2173, filed in

the United States District Court for the District of Colorado

on September 12, 2000, (referred to in this Act as the ‘‘Settlement’’) prevents timely action to reduce the risk of wildfire

in the Beaver Park Roadless Area;

(3) pending litigation (Sierra Club v. U.S. Forest Service,

Civ. No. 94–D–2273 (D. Colorado)) prevents timely action to

reduce the risk of wildfire in the Norbeck Wildlife Preserve;

(4) existing administrative and legal processes cannot

address the fire danger in time to enable the Secretary of

Agriculture to take action to reduce the danger;

16 USC 668dd

note.

PUBLIC LAW 107–206—AUG. 2, 2002 116 STAT. 865

(5) immediate action to address the fire danger in an

environmentally responsive manner is supported by the State,

local counties, local industry users, and some environmental

groups;

(6) the addition of 3,600 acres to the Black Elk Wilderness

in the Black Hills National Forest is in the public interest;

(7) the State of South Dakota, Lawrence, Meade and Pennington County fire officials are encouraged to identify ‘‘fire

emergency zone’’ areas in which public safety may require

a moratorium on issuance of new building permits, and identify

the changes in conditions (including the adoption of fire-safe

building standards) that may be needed to end these moratoria;

and

(8) the State of South Dakota is encouraged to take actions

as necessary to create a defensible fuel zone within State lands

south and southwest of Sturgis.

(b) PURPOSES.—The purposes of this section are—

(1) to authorize and direct the Secretary of Agriculture

(in this section referred to as the ‘‘Secretary’’) to undertake

actions to address promptly the risk of fire and insect infestation; and

(2) to designate an addition to the existing Black Elk

Wilderness Area in the Black Hills National Forest.

(c) FIRE AND BEETLE RISK REDUCTION IN EXISTING TIMBER

SALE ANALYSIS AREAS.—

(1) IN GENERAL.—Subject to paragraph (2), the Secretary

is authorized to treat additional timber within or outside the

existing cutting units for the Piedmont, Kirk, Redhill, Cavern,

Deadman, Danno and Vanocker timber sales and within the

analysis areas for these sales as is necessary to reduce beetle

infestation and fire hazard;

(2) CRITERIA.—In implementing additional treatments

within the timber sale analysis areas referred to in paragraph

(1), the Secretary shall use in order of priority the following

criteria:

(A) Areas within 1⁄4 mile of private properties where

private property owners have taken or are taking actions

to treat their lands.

(B) Stands that are a fire hazard or insect infested,

and are near private lands or in proximity to communities.

(C) Areas that have the highest intensity or concentration of insect infestation that will move to other areas.

(D) Stands that are a fire hazard or insect infested,

and are near areas of high resource value where retaining

green trees is important, such as goshawk nests, sensitive

landscapes, recreation areas, and developments.

(E) Stands that are a high fire hazard or insect

infested, and are within skidding distance of existing roads.

(F) Concentrations of insect infested trees.

(G) Stands with the highest density that are most

susceptible to insect attack and are in close proximity

to infested trees.

(3) ADDITIONAL CRITERIA.—In carrying out this subsection,

the Secretary shall ensure that—

(A) any additional treatment for the Cavern, Kirk,

and Piedmont sales shall comply with provisions 6c, d

and e of the Settlement;

116 STAT. 866 PUBLIC LAW 107–206—AUG. 2, 2002

(B) any additional treatment for the Deadman and

Vanocker sales, shall be consistent with the Black Hills

Forest Plan, including the ‘‘Phase I Amendment’’; and

(C) any additional treatment for the Redhill and Danno

sales shall comply with the provisions of 7b, c, and g

of the Settlement.

(4) SKID TRAILS.—Notwithstanding the Settlement, the Secretary may authorize access by skid trails to the additional

treatment areas referred to in this subsection to remove or

treat infested stands, except that the skid trails otherwise

restricted by the settlement shall be restored to pre-existing

conditions upon completion of treatment activities.

(5) COMPLETION OF TREATMENT ACTIVITIES.—The Secretary

shall request timber purchasers to give priority to completing

treatment within the Piedmont, Kirk, Redhill, Cavern,

Deadman, Danno, and Vanocker timber sale areas to address

fire issues and beetle outbreaks.

(d) OTHER TREATMENTS.—

(1) BUFFER ZONES.—The Secretary is authorized to reduce

risk to private property adjoining the Black Hills National

Forest by treating insect infested trees, dead trees, and downed

woody materials on National Forest System lands in T5N,

R5E, BHM, Section 35, and T4N, R5E, BHM, Sections 1, 2

and 12 within 200 feet of adjacent private property. The treatments shall comply with the goshawk nest protections and

snail protections in provisions 6c and 7g of the Settlement.

(2) ADDITIONAL TREATMENTS.—The Secretary is authorized

to treat for insects and fuel reduction National Forest System

lands within 1⁄4 mile of private property and other non-National

Forest System lands near the community of Sturgis, and shall

include, where feasible, the following locations:

(A) in T5N, R5E, BHM within 1⁄4 mile of the exterior

boundary of the Black Hills National Forest in—

(i) Section 35;

(ii) Section 27;

(iii) Section 21;

(iv) Section 20; and

(v) Section 18.

(B) in T5N, R4E, BHM—

(i) Section 13;

(ii) Section 11;

(iii) Section 2;

(iv) Section 3; and

(v) Section 4.

(3) FUEL BREAKS.—The Secretary shall establish 400-foot

fuel breaks as depicted on the map entitled ‘‘Beaver Park

Fuel Breaks and Fuel Treatment Areas,’’ dated June 11, 2002.

In establishing the fuel breaks, the Secretary—

(A) shall not enter any 30-acre area around historic

or active goshawk nest sites identified in Exhibit B1 of

the Settlement; and

(B) shall use best efforts to retain the largest green

trees and large snags.

(4) LIMITATION.—Treatment actions outside of the Beaver

Park Roadless Area authorized by subsection (c) and subsection

(d)(1), (2), and (3) shall be limited to no more than 8,000

PUBLIC LAW 107–206—AUG. 2, 2002 116 STAT. 867

acres of National Forest System land, pending the issuance

of a decision on the proposed Elk Bugs and Fuel project.

(5) FORBES GULCH.—To reduce concentrated heavy fuels,

the Secretary is authorized to treat not more than 700 acres

within the area identified as Forbes Gulch on the map referred

to in paragraph (3). Such treatments shall not involve commercial timber sales or road construction, except that the Secretary

may permit firewood cutters to remove the timber without

construction of any roads. In carrying out the treatments

authorized by this paragraph, the Secretary— (A) may use the Forbes Gulch unclassified road for

motorized equipment and vehicles to facilitate ingress and

egress of equipment and personnel and may maintain this

road to minimum standards necessary for safety and

resource protection;

(B) may utilize helicopters to fly in heavy equipment

(such as industrial chippers and small tractors) to assist

with the project;

(C) shall use best efforts to retain the largest green

trees and large snags;

(D) may construct two 10-acre safety zones; and

(E) shall reduce the stand structure to no less than

40 square feet basal area per acre of live trees, if available.

(e) FIRE SUPPRESSION ACCESS IN THE BEAVER PARK ROADLESS

AREA.—

(1) PRE-SUPPRESSION PLAN.—The pre-suppression plan for

the Beaver Park Roadless Area provided for in the Settlement

may provide for actions authorized by this section, and shall

be completed as soon as practicable.

(2) IMPROVED ACCESS.—The Secretary is authorized to provide for improved fire equipment access at the perimeter of

the Beaver Park Roadless Area by improving classified Forest

Roads 139.1, 169.1b, 169.1d, and 139.1b. Such improvements

shall be the minimum necessary for crews, equipment and

single axle wildfire trucks and may include removing selected

trees along roads, constructing pull-outs and turn-arounds,

smoothing road surfaces in rough spots, and straightening some

corners.

(3) FORBES GULCH UNCLASSIFIED ROAD.—To protect public

safety and reduce fire risks, the Secretary shall prohibit public

access year-long on the Forbes Gulch unclassified road. The

Secretary shall conduct a roads analysis process as provided

in Forest Service Manual 7710 and the necessary level of analysis and documentation pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321–4347) (in this section

referred to as ‘‘NEPA’’) before making a decision to open to

public motor vehicle use the Forbes Gulch unclassified road

identified on the map entitled ‘‘Beaver Park Fuel Breaks and

Fuel Treatment Areas,’’ dated June 11, 2002. Except as provided in subsection (d)(5) and until a decision is issued, the

Secretary shall not maintain the Forbes Gulch unclassified

road and shall prohibit public access on the road.

(4) HELISPOTS.—If sufficient openings for helispots are not

available in the Beaver Park Roadless Area, the Secretary

is authorized to construct two 5-acre helispots within the Area

to transport firefighters and fire equipment into and out of

the area.

116 STAT. 868 PUBLIC LAW 107–206—AUG. 2, 2002

(5) EASEMENTS.—To facilitate firefighter access into, and

escape routes from, Beaver Park Roadless Area, the Secretary

shall attempt to acquire easements from the exterior Forest

Service boundary to I–90 on the eastern side of Beaver Park

Roadless Area, at a minimum, along Tilford Gulch, Forbes

Gulch, Pleasant Valley and Bulldog Gulch.

(f) NEEDLES TIMBER SALE AREA.— (1) NEEDLES TIMBER SALE.—The Needles Timber Sale shall

proceed after the Secretary makes modifications in implementation of the Decision Notice to further benefit game animals

and birds, as reflected in the memorandum known as the

‘‘Burns/Carter memorandum’’ dated November 10, 1999, and

maintained in the Black Hills National Forest Supervisor’s

office. The standards to which any road is constructed for

the timber sale shall be the minimum necessary to access

and remove timber.

(2) RESEARCH COMMITTEE.—By December 1, 2003, the Secretary shall select a committee composed of research scientists

who are federal employees to recommend an old growth

research area within the Needles area (outside the Needles

Timber Sale cutting units). By December 1, 2004, the committee

shall make its recommendation to the Secretary. The committee’s recommendation shall be subject to public notice, review

and comment.

(g) GRIZZLY TIMBER SALE.—The Grizzly Timber Sale shall proceed after the Secretary makes modifications in implementation

of the Decision Notice to further benefit game animals and birds,

as reflected in the memorandum known as the ‘‘Burns/Carter memorandum’’ dated November 10, 1999, and maintained in the Black

Hills National Forest Supervisor’s office. The standards to which

any road is constructed for the timber sale shall be the minimum

necessary to access and remove timber.

(h) NORBECK.—The Secretary is authorized to use the full spectrum of management tools including prescribed fire and silvicultural

treatments to benefit game animal and bird habitat in meeting

the purposes of the Norbeck Organic Act. The management actions

required by subsections (f)(1) and (g) are deemed consistent with

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

(i) NORBECK MEMORANDUM OF UNDERSTANDING.—By December

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

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

of management activities, consult on habitat management, concur

on program areas of responsibility, and review and recommend

as needed any changes to Norbeck Wildlife Preserve direction contained in the 1997 Revised Forest Plan and future plan amendments

and revisions. The basis of the MOU will be the guidelines set

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

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

here, actions authorized by this section shall proceed immediately

and to completion notwithstanding any other provision of law

including, but not limited to, NEPA and the National Forest

Management Act (16 U.S.C. 1601 et seq.). Such actions shall also

not be subject to the notice, comment, and appeal requirements

of the Appeals Reform Act, (16 U.S.C. 1612 (note), Pub. Law No.

102–381 sec. 322). Any action authorized by this section shall

not be subject to judicial review by any court of the United States.

PUBLIC LAW 107–206—AUG. 2, 2002 116 STAT. 869

Except as provided by this section the Settlement remains in full

force and effect.

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

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

of actions authorized by this section in the proposed Elk Bugs

and Fuels project cumulative effects analysis for past, present,

and reasonably foreseeable future actions. The decision for the

Elk Bugs and Fuels project shall be issued not later than July

1, 2003.

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

or vegetation removal activities within the Beaver Park Roadless

Area until completion of the Phase II amendment to the Black

Hills National Forest Plan. The Secretary shall analyze the Beaver

Park Roadless Area for suitability as a Research Natural Area,

as required by the Settlement. The Secretary shall not consider

any of the actions authorized or required by this section to affect

the suitability of the Beaver Park Roadless Area for designation

as a Research Natural Area.

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

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

character.

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

560 is amended by—

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

System:’’; and

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

(2) certain lands in the Black Hills National Forest, South

Dakota, which comprise approximately three thousand six hundred acres, as generally depicted on a map entitled ‘Black

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

which shall constitute an addition to the existing Black Elk

Wilderness’’.

(o) REPORTING.—The Secretary shall report to the Congress

on the implementation of this section on or by November 30, 2002,

June 30, 2003, and November 30, 2003.

CHAPTER 8

DEPARTMENT OF LABOR

OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION

SALARIES AND EXPENSES

Of the funds provided under this heading in Public Law 107–

116 for Occupational Safety and Health Administration training

grants, not less than $3,200,000 shall be used to extend funding

for the Institutional Competency Building training grants which

commenced in September 2000, for program activities for the period

of September 30, 2002 to September 30, 2003, provided that a

grantee has demonstrated satisfactory performance.

Deadlines.

16 USC 1132

note.

116 STAT. 870 PUBLIC LAW 107–206—AUG. 2, 2002

DEPARTMENT OF HEALTH AND HUMAN SERVICES

HEALTH RESOURCES AND SERVICES ADMINISTRATION

HEALTH RESOURCES AND SERVICES

The matter preceding the first proviso under this heading in

Public Law 107–116 is amended— (1) by inserting ‘‘IV,’’ after ‘‘titles II, III,’’; and

(2) by striking ‘‘$311,978,000’’ and inserting ‘‘$315,333,000’’. The matter under this heading in Public Law 107–116 is

amended by striking ‘‘$4,000,000 is for the Columbia Hospital for

Women Medical Center in Washington, D.C. to support community

outreach programs for children’’ and inserting ‘‘$4,000,000 is for

the All Children’s Hospital, St. Petersburg, Florida to support

development of a pediatric clinical research center program’’.

CENTERS FOR DISEASE CONTROL AND PREVENTION

DISEASE CONTROL, RESEARCH, AND TRAINING

For an additional amount for the Centers for Disease Control

and Prevention, ‘‘Disease Control, Research, and Training’’,

$1,000,000: Provided, That the entire amount is designated as

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

Balanced Budget and Emergency Deficit Control Act of 1985, as

amended: Provided further, That the entire amount shall be available only to the extent an official budget request, that includes

designation of the entire amount of the request as an emergency

requirement as defined in the Balanced Budget and Emergency

Deficit Control Act of 1985, as amended, is transmitted by the

President to the Congress.

NATIONAL INSTITUTES OF HEALTH

BUILDINGS AND FACILITIES

(INCLUDING RESCISSION)

Of the funds provided under this heading in Public Law 107– 116, $30,000,000 are rescinded.

Under this heading in Public Law 107–116, ‘‘$26,000,000’’ is

deleted and ‘‘$36,600,000’’ is inserted.

ADMINISTRATION FOR CHILDREN AND FAMILIES

CHILDREN AND FAMILIES SERVICES AND PROGRAMS

For an additional amount for ‘‘Children and Families Services

Programs’’ for carrying out section 316 of the Family Violence

Prevention and Services Act (42 U.S.C. 10416), $500,000: Provided,

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

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

Provided further, That the entire amount shall be available only

to the extent an official budget request, that includes designation

of the entire amount of the request as an emergency requirement

as defined in the Balanced Budget and Emergency Deficit Control

115 Stat. 2191.

PUBLIC LAW 107–206—AUG. 2, 2002 116 STAT. 871

Act of 1985, as amended, is transmitted by the President to the

Congress.

OFFICE OF THE SECRETARY

PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States for ‘‘Public Health and Social

Services Emergency Fund’’ for baseline and follow-up screening

and clinical examinations, long-term health monitoring and analysis

for the emergency services personnel, rescue and recovery personnel,

$90,000,000, to remain available until expended, of which no less

than $25,000,000 shall be available for current and retired firefighters: Provided, That the entire amount is designated by the

Congress as an emergency requirement pursuant to section

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

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

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

that includes designation of the entire amount of the request as

an emergency requirement as defined in the Balanced Budget and

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

by the President to the Congress.

DEPARTMENT OF EDUCATION

SCHOOL IMPROVEMENT PROGRAMS

The matter under this heading in Public Law 107–116 is

amended by inserting before the period, ‘‘: Provided further, That

of the amount made available under subpart 8, part D, title V

of the ESEA, $2,300,000 shall be available for Digital Educational

Programming Grants’’.

Of the funds provided under this heading in Public Law 107–

116 to carry out the Elementary and Secondary Education Act

of 1965, $832,889,000 shall be available to carry out part D of

title V, and up to $11,500,000 may be used to carry out section

2345.

In the statement of the managers of the committee of conference

accompanying H.R. 3061 (Public Law 107–116; House Report 107–

342), in the matter relating to the Fund for the Improvement

of Education under the heading ‘‘School Improvement Programs’’—

(1) the provision specifying $200,000 for Fresno At-Risk

Youth Services and the provision specifying $225,000 for the

Fresno Unified School District shall be applied by substituting

the following for the two provisions: ‘‘Fresno Unified School

District, Fresno, California, in partnership with the City of

Fresno, California, for activities to address the problems of

at-risk youth, including afterschool activities and a mobile

science unit, $425,000’’;

(2) the provision specifying $250,000 for the Wellington

Public School District, Wellington, KS, shall be deemed to read

as follows: ‘‘Wellington Public School District, Wellington, KS,

for after school activities, $250,000’’;

(3) the provision specifying $200,000 for the Vermont

Higher Education Council shall be deemed to read as follows:

‘‘Vermont Higher Education Consortium to develop universal

early learning programs to ensure that at least one certified

115 Stat. 2203.

116 STAT. 872 PUBLIC LAW 107–206—AUG. 2, 2002

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

development and promote the acquisition and effective use of

instructional technology and equipment’’;

(9) the provision specifying $1,000,000 for State of Louisiana for Louisiana Online shall be deemed to read as follows:

‘‘Online Louisiana, Inc., New Orleans, LA, for a K–12 technology initiative, $1,000,000’’;

(10) the provision specifying $150,000 for the American

Theater Arts for Youth, Inc., Philadelphia, PA, for a Mississippi

Arts in Education Program shall be deemed to read as follows:

‘‘American Theater Arts for Youth, Inc., for a Mississippi Arts

in Education program, $150,000’’;

(11) the provision specifying $340,000 for the Zero to Five

Foundation, Los Angeles, California, shall be deemed to read

as follows: ‘‘Zero to Five Foundation, Los Angeles, California,

to develop an early childhood education and parenting project,

$340,000’’;

(12) the provision specifying $900,000 for the University

of Nebraska, Kearney, Nebraska, shall be deemed to read as

follows: ‘‘University of Nebraska, Kearney, Nebraska, for a

Minority Access to Higher Education Program to address the

special needs of Hispanic and other minority populations from

grades K–12, $900,000’’;

(13) the provision specifying $25,000 for the American Theater Arts for Youth for an Arts in Education program shall

be deemed to read as follows: ‘‘American Theater Arts for

PUBLIC LAW 107–206—AUG. 2, 2002 116 STAT. 873

Youth, Inc., in Philadelphia, Pennsylvania, for an Arts in Education program, $25,000’’;

(14) the provision specifying $50,000 for the LewistonAuburn College/University of Southern Maine shall be deemed

to read as follows: ‘‘Lewiston-Auburn College/University of

Southern Maine CLASS program to prepare teachers to meet

the demands of Maine’s 21st century elementary and middle

schools, $50,000’’; and

(15) the provision specifying $500,000 for the Prairie Lakes

Education Cooperative in Madison, South Dakota to advance

distance learning for Native Americans in BIA and tribal

schools shall be deemed to read as follows: ‘‘Sisseton-Wahpeton

School Board in Agency Village, South Dakota to advance distance learning for Native American students, $500,000’’.

STUDENT FINANCIAL ASSISTANCE

For an additional amount for ‘‘Student Financial Assistance’’

for Pell Grants, $1,000,000,000, to remain available through September 30, 2003.

HIGHER EDUCATION

In the statement of the managers of the committee of conference

accompanying H.R. 3061 (Public Law 107–116; House Report 107– 342), in the matter relating to the Fund for the Improvement

of Postsecondary Education under the heading ‘‘Higher

Education’’—

(1) the provision for Nicholls State University, Thibodaux,

LA, shall be applied by substituting ‘‘Intergenerational Program

and Advanced Technology Program’’ for ‘‘International Program’’;

(2) the provision specifying $1,000,000 for the George J.

Mitchell Scholarship Research Institute shall be deemed to

read as follows: ‘‘George J. Mitchell Scholarship Research

Institute in Portland, Maine, for an endowment to provide

scholarships that allow students attending public schools in

Maine to continue their education, $1,000,000’’;

(3) the provision specifying $10,000,000 for the Shriver

Peace Worker Program, Inc. shall be deemed to read as follows:

‘‘Shriver Peace Worker Program, Inc. to establish the Sargent

Shriver Peace Center, which may include establishing an

endowment for such center, for the purpose of supporting graduate research fellowships, professorships, and grants and scholarships for students related to peace studies and social change,

$10,000,000’’; and

(4) the provision specifying $1,000,000 for Cleveland State

University shall be deemed to read as follows: ‘‘Cleveland State

University, College of Education, Cleveland, Ohio, for a K–

16 Urban School Leadership initiative, $1,000,000’’.

EDUCATION RESEARCH, STATISTICS, AND ASSESSMENT

The matter under this heading in Public Law 107–116, is

amended by inserting before the period the following new proviso:

‘‘: Provided further, That $5,000,000 shall be available to extend

for one additional year the contract for the Eisenhower National

Clearinghouse for Mathematics and Science Education authorized

115 Stat. 2207.

116 STAT. 874 PUBLIC LAW 107–206—AUG. 2, 2002

under section 2102(a)(2) of the Elementary and Secondary Education Act of 1965, prior to its amendment by the No Child Left

Behind Act of 2001, Public Law 107–110’’.

GENERAL PROVISIONS—THIS CHAPTER

SEC. 801. The Elementary and Secondary Education Act of

1965 is hereby amended in section 8003 by amending subsection

(b)(2)(D)(ii)(III) to read as follows: ‘‘For a local educational agency

that does not qualify under (B)(i)(II)(aa) of this subsection and

has an enrollment of more than 100 but not more than 1,000

children described in subsection (a)(1), the Secretary shall calculate

the total number of weighted student units for purposes of subsection (a)(2) by multiplying the number of such children by a

factor of 1.25.’’. SEC. 802. The Elementary and Secondary Education Act of

1965 is hereby amended in section 8003(b)(1) by adding the following as subparagraph (G): ‘‘(G) Beginning with fiscal year 2002, for the purpose

of calculating a payment under this paragraph for a local

educational agency whose local contribution rate was computed under subparagraph (C)(iii) for the previous year,

the Secretary shall use a local contribution rate that is

not less than 95 percent of the rate that the LEA received

for the preceding year.’’. SEC. 803. Amounts made available in Public Law 107–116

for the administrative and related expenses for departmental

management for the Department of Labor, the Department of

Health and Human Services, and the Department of Education,

shall be reduced by $45,000,000: Provided, That this provision

shall not apply to the Food and Drug Administration and the

Indian Health Service: Provided further, That not later than 15

days after the enactment of this Act, the Director of the Office

of Management and Budget shall report to the House and Senate

Committees on Appropriations the accounts subject to the reductions and the amount to be reduced in each account.

SEC. 804. (a) Section 487 of the Public Health Service Act

(42 U.S.C. 288) is amended by striking ‘‘National Research Service

Awards’’ or ‘‘National Research Service Award’’ each place either

appears and inserting in lieu thereof ‘‘Ruth L. Kirschstein National

Research Service Awards’’ or ‘‘Ruth L. Kirschstein National

Research Service Award’’ as appropriate.

(b) The heading for section 487 of the Public Health Service

Act (42 U.S.C. 288) is amended to read as follows: ‘‘Ruth L.

Kirschstein National Research Service Awards’’.

(c) Any reference in any law (other than this Act), regulation,

document, record, map, or other paper of the United States to

‘‘National Research Service Awards’’ shall be considered to be a

reference to ‘‘Ruth L. Kirschstein National Research Service

Awards’’.

SEC. 805. None of the funds provided by this or any other

Act may be used to enforce the amendments made by section

166 of the Community Renewal Tax Relief Act of 2000 in Alaska,

including the imposition of any penalties.

SEC. 806. In the statement of the managers of the committee

of conference accompanying the fiscal year 2001 Labor, Health

and Human Services, and Education appropriations bill (Public

42 USC 242b,

285a–3, 285b–4,

285c–2, 285d–2,

285e–2, 288 note,

300c–16.

Awards.

Ruth L.

Kirschstein.

20 USC 7703.

PUBLIC LAW 107–206—AUG. 2, 2002 116 STAT. 875

Law 106–554; House Report 106–1033), the provision specifying

$464,000 for the Bethel Native Corporation worker demonstration

project shall be deemed to read as follows: ‘‘for the Alaska CHAR

vocational training program, $100,000 and $364,000 for the Yuut

Elitnauvriat People’s Learning Center in Bethel, Alaska for vocational training for Alaska Natives’’.

SEC. 807. Notwithstanding any other provision of law, from

September 1 through September 30, 2002, the Secretary of Education may transfer to Program Administration an amount necessary to offset any reduction pursuant to section 803 of this Act

but not to exceed $5,000,000 from funds made available in the

Department of Education Appropriations Act, 2002, that the Secretary determines are not needed to fully fund all qualified grant

applications and would otherwise lapse at the end of fiscal year

2002: Provided, That the Committees on Appropriations of both

Houses of Congress are notified at least 15 days in advance of

any such transfer.

CHAPTER 9

LEGISLATIVE BRANCH

HOUSE OF REPRESENTATIVES

SALARIES AND EXPENSES

For an additional amount for salaries and expenses of the

House of Representatives, $1,600,000, as follows:

COMMITTEE EMPLOYEES

STANDING COMMITTEES, SPECIAL AND SELECT

For an additional amount for salaries and expenses of standing

committees, special and select, authorized by House resolutions,

$1,600,000: Provided, That such amount shall remain available

for such salaries and expenses until December 31, 2002.

JOINT ITEMS

CAPITOL POLICE BOARD

CAPITOL POLICE

GENERAL EXPENSES

For an additional amount for the Capitol Police Board for

necessary expenses of the Capitol Police, including computer equipment and services, training, communications, uniforms, weapons,

and reimbursement to the Environmental Protection Agency, Hazardous Substance Superfund for additional expenses incurred for

anthrax investigations and cleanup actions, $16,100,000, to remain

available until expended, to be disbursed by the Capitol Police

Board or their delegee.

116 STAT. 876 PUBLIC LAW 107–206—AUG. 2, 2002

LIBRARY OF CONGRESS

COPYRIGHT OFFICE

SALARIES AND EXPENSES

For an additional amount for ‘‘Copyright Office, Salaries and

expenses’’, $7,500,000, to remain available until expended.

ADMINISTRATIVE PROVISIONS

SEC. 901. The amount otherwise made available under section

506 of the Supplemental Appropriations Act, 1973 (2 U.S.C. 58)

for fiscal year 2002 to any Senator from the Senators’ Official

Personnel and Office Expense Account shall be increased by the

amount (not in excess of $20,000) which the Senator certifies in

a written request to the Secretary of the Senate made not later

than September 30, 2002, as being necessary for the payment

or reimbursement of expenditures incurred or obligated during fiscal

year 2002 that—

(1) are otherwise payable from such account, and

(2) are directly related to responses to the terrorist attacks

of September 11, 2001, or the discovery of anthrax in the

Senate complex and the displacement of Senate offices due

to such discovery.

SEC. 902. (a) Chapter 9 of the Emergency Supplemental Act,

2002 (Public Law 107–117; 115 Stat. 2315), is amended—

(1) in section 901(a), by striking ‘‘buildings and facilities’’

and insert ‘‘buildings and facilities, subject to the availability

of appropriations,’’.

(b) Section 9 of the Act of July 31, 1946 (40 U.S.C. 212a),

is amended by redesignating the subsection (b) added by section

903(c)(2) of the Emergency Supplemental Act, 2002, as subsection

(c).

(c) The amendment made by this section shall take effect as

if included in the enactment of the Emergency Supplemental Act,

2002.

SEC. 903. (a) Chapter 9 of the Emergency Supplemental Act,

2002 (Public Law 107–117; 115 Stat. 2315), is amended—

(1) in section 903(a), by striking ‘‘buildings and facilities’’

and insert ‘‘buildings and facilities, subject to the availability

of appropriations,’’.

(b) Section 9 of the Act of July 31, 1946 (40 U.S.C. 212a),

is amended by redesignating the subsection (b) added by section

903(c)(2) of the Emergency Supplemental Act, 2002, as subsection

(c).

(c) The amendment made by this section shall take effect as

if included in the enactment of the Emergency Supplemental Act,

2002.

SEC. 904. Nothing in section 1535 of title 31, U.S.C. (commonly

referred to as the ‘‘Economy Act’’), or any other provision of such

title may be construed to prevent or restrict the Chief Administrative Officer of the House of Representatives from placing orders

under such section during any fiscal year in the same manner

and to the same extent as the head of any other major organizational unit with an agency may place orders under such section

during a fiscal year.

31 USC 1535

note.

Effective date.

40 USC 175a

note.

40 USC 175a.

Effective date.

40 USC 174b–2

note.

40 USC 174b–2.

PUBLIC LAW 107–206—AUG. 2, 2002 116 STAT. 877

SEC. 905. (a) The Architect of the Capitol is authorized, subject

to the availability of appropriations, to acquire (through purchase,

lease, or otherwise) buildings and facilities for use as computer

backup facilities (and related uses) for offices in the legislative

branch.

(b) The acquisition of a building or facility under subsection

(a) shall be subject to the approval of—

(1) the House Office Building Commission, in the case

of a building or facility acquired for the use of an office of

the House of Representatives;

(2) the Committee on Rules and Administration of the

Senate, in the case of a building or facility acquired for the

use of an office of the Senate; or

(3) the House Office Building Commission in the case of

a building or facility acquired for the use of any other office

in the legislative branch as part of a joint facility with (1)

above, or the Committee on Rules and Administration of the

Senate, in the case of a building or facility acquired for the

use of any other office in the legislative branch as part of

a joint facility with (2) above.

(c) Any building or facility acquired by the Architect of the

Capitol pursuant to subsection (a) shall be a part of the United

States Capitol Grounds and shall be subject to the provisions of

the Act entitled ‘‘An Act to define the area of the United States

Capitol Grounds, to regulate the use thereof, and for other purposes’’, approved July 31, 1946.

(d) This section shall apply with respect to fiscal year 2002

and each succeeding fiscal year.

SEC. 906. (a) There is hereby established in the Treasury of

the United States an account for the Architect of the Capitol to

be known as ‘‘Capitol Police Buildings and Grounds’’ (hereinafter

in this section referred to as the ‘‘account’’).

(b) Funds in the account shall be used by the Architect of

the Capitol for all necessary expenses for the maintenance, care,

and operation of buildings and grounds of the United States Capitol

Police.

(c) This section shall apply with respect to fiscal year 2002

and each succeeding fiscal year. Any amounts provided to the

Architect of the Capitol prior to the date of the enactment of

this Act for the maintenance, care, and operation of buildings of

the United States Capitol Police during fiscal year 2002 shall be

transferred to the account.

SEC. 907. (a) Subject to the approval of the House Office

Building Commission and the Senate Committee on Rules and

Administration, the Architect of the Capitol is authorized to acquire

(through purchase, lease, transfer from another Federal entity,

or otherwise) real property, subject to the availability of appropriations and upon approval of an obligation plan by the Committees

on Appropriations of the House and Senate, for the use of the

United States Capitol Police.

(b) Any real property acquired by the Architect of the Capitol

pursuant to subsection (a) shall be a part of the United States

Capitol Grounds and shall be subject to the provisions of the Act

entitled ‘‘An Act to define the area of the United States Capitol

Grounds, to regulate the use thereof, and for other purposes’’,

approved July 31, 1946.

40 USC 166m.

Applicability.

40 USC 166l.

Applicability.

40 USC 166k.

116 STAT. 878 PUBLIC LAW 107–206—AUG. 2, 2002

(c) This section shall apply with respect to fiscal year 2002

and each succeeding fiscal year.

CHAPTER 10

DEPARTMENT OF DEFENSE

MILITARY CONSTRUCTION

MILITARY CONSTRUCTION, AIR FORCE

For an additional amount for ‘‘Military Construction, Air Force’’, $7,250,000, to remain available until September 30, 2006: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced

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

Provided further, That the entire amount shall be available only

to the extent an official budget request that includes designation

of the entire amount of the request as an emergency requirement

as defined in the Balanced Budget and Emergency Deficit Control

Act of 1985, as amended, is transmitted by the President to the

Congress: Provided further, That notwithstanding any other provision of law, such funds may be obligated or expended to carry

out planning and design and military construction projects not

otherwise authorized by law.

MILITARY CONSTRUCTION, DEFENSE-WIDE

(INCLUDING TRANSFER OF FUNDS)

For an additional amount for ‘‘Military Construction, 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:

Deadline.

PUBLIC LAW 107–206—AUG. 2, 2002 116 STAT. 879

(1) the determination to use such amounts for the project;

and

(2) the estimated cost of the project and the accompanying

Form 1391.

(c) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this

section the term ‘‘appropriate committees of Congress’’ has the

meaning given that term in section 2801(4) of title 10, United

States Code.

CHAPTER 11

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

TRANSPORTATION ADMINISTRATIVE SERVICE CENTER

(LIMITATION ON OBLIGATIONS)

Under this heading in Public Law 107–87, as amended by

section 1106 of Public Law 107–117, delete ‘‘$116,023,000’’ and

insert ‘‘$128,123,000’’.

TRANSPORTATION SECURITY ADMINISTRATION

(INCLUDING TRANSFER OF FUNDS)

For additional amounts for emergency expenses to ensure

transportation security, $3,850,200,000, to remain available until

expended: Provided, That the entire amount is designated by the

Congress as an emergency requirement pursuant to section

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

Act of 1985, as amended: Provided further, That of the amounts

provided under this head, $1,030,000,000 shall, immediately upon

enactment of this Act, be transferred to Federal Emergency Management Agency ‘‘Disaster Relief’’ for emergency expenses to respond

to the September 11, 2001 terrorist attack on the United States:

Provided further, That the entire amount is designated by the

Congress as an emergency requirement pursuant to section

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

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

$480,200,000 shall be available only to the extent an official budget

request for a specific dollar amount that includes designation of

the entire amount of the request as an emergency requirement

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

Congress: Provided further, That of the total amount provided

herein, the following amounts are available for obligation only for

the specific purposes below:

(1) Physical modification of commercial service airports

for the purpose of installing checked baggage explosive detection

systems, including explosive trace detection systems,

$738,000,000;

(2) Port security activities, $125,000,000, of which

$105,000,000 shall be distributed under the same terms and

conditions as provided for under Public Law 107–117 and of

which $20,000,000 shall be used for developing and conducting

port incident training and exercises;

115 Stat. 2332.

116 STAT. 880 PUBLIC LAW 107–206—AUG. 2, 2002

(3) Grants and contracts to enhance security for intercity

bus operations, $15,000,000;

(4) Grants, contracts and interagency agreements for the

purpose of deploying Operation Safe Commerce, $28,000,000;

(5) Procurement of air-ground communications systems and

devices for the Federal air marshal program, $15,000,000;

(6) Grants and contracts for radiation detection system

test and evaluation, $4,000,000;

(7) Grants to airport authorities for pilot projects to improve

airport terminal security, $17,000,000;

(8) Grants and contracts for security research, development,

and pilot projects, $10,000,000; and

(9) Replacement of magnetometers at airport passenger

screening locations in commercial service airports, $23,000,000:

Provided further, That none of the funds in this Act shall be

used to recruit or hire personnel into the Transportation Security

Administration which would cause the agency to exceed a staffing

level of 45,000 full-time permanent positions.

UNITED STATES COAST GUARD

OPERATING EXPENSES

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

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

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

Balanced Budget and Emergency Deficit Control Act of 1985, as

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

be available only to the extent an official budget request that

includes designation of the $11,000,000 as an emergency requirement as defined in such Act is transmitted by the President to

the Congress.

ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

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

Improvements’’ for emergency expenses for homeland security and

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

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

renovate or improve vessels, small boats and related equipment;

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

aviation capability; $27,729,000 shall be available for other equipment; and $62,171,000 shall be for shore facilities and aids to

navigation facilities: Provided, That the entire amount is designated

by the Congress as an emergency requirement pursuant to section

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

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

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

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

President to the Congress.

PUBLIC LAW 107–206—AUG. 2, 2002 116 STAT. 881

FEDERAL AVIATION ADMINISTRATION

OPERATIONS

(INCLUDING TRANSFER OF FUNDS)

For an additional amount for ‘‘Operations’’, $42,000,000, for

security activities at Federal Aviation Administration facilities: Provided, That the entire amount is designated by the Congress as

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

Balanced Budget and Emergency Deficit Control Act of 1985, as

amended: Provided further, That the entire amount shall be available only to the extent an official budget request that includes

designation of the entire amount of the request as an emergency

requirement as defined in the Balanced Budget and Emergency

Deficit Control Act of 1985, as amended, is transmitted by the

President to the Congress: Provided further, That an additional

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

FACILITIES AND EQUIPMENT

(AIRPORT AND AIRWAY TRUST FUND)

For an additional amount for ‘‘Facilities and Equipment’’,

$7,500,000, to be derived from the Airport and Airway Trust Fund

and to remain available until expended: Provided, That the entire

amount is designated by the Congress as an emergency requirement

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

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

official budget request that includes designation of the entire

amount of the request as an emergency requirement as defined

in the Balanced Budget and Emergency Deficit Control Act of

1985, as amended, is transmitted by the President to the Congress.

GRANTS-IN-AID FOR AIRPORTS

(AIRPORT AND AIRWAY TRUST FUND)

For an additional amount to enable the Federal Aviation

Administrator to compensate airports for the direct costs associated

with new, additional, or revised security requirements imposed

on airport operators by the Administrator on or after September

11, 2001, notwithstanding any other provision of law, $150,000,000,

to be derived from the Airport and Airway Trust Fund and to

remain available until expended: Provided, That the entire amount

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

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

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

budget request that includes designation of the entire amount of

the request as an emergency requirement as defined in the Balanced

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

is transmitted by the President to the Congress.

116 STAT. 882 PUBLIC LAW 107–206—AUG. 2, 2002

FEDERAL HIGHWAY ADMINISTRATION

FEDERAL-AID HIGHWAYS

EMERGENCY RELIEF PROGRAM

(HIGHWAY TRUST FUND)

For an additional amount for ‘‘Emergency Relief Program’’, as authorized by 23 U.S.C. 125, for emergency expenses to respond

to the September 11, 2001, terrorist attacks on New York City,

$167,000,000 for the State of New York, to be derived from the

Highway Trust Fund and to remain available until expended: Provided, That notwithstanding 23 U.S.C. 120(e), the Federal share

for any project on a Federal-aid highway related to the New York

City terrorist attacks shall be 100 percent: Provided further, That

notwithstanding 23 U.S.C. 125(d)(1), the Secretary of Transportation may obligate more than $100,000,000 for those projects:

Provided further, That the entire amount is designated by the

Congress as an emergency requirement pursuant to section

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

Act of 1985, as amended.

FEDERAL-AID HIGHWAYS

(HIGHWAY TRUST FUND)

(RESCISSION)

Of the funds apportioned to each state under the programs

authorized under sections 1101(a)(1), 1101(a)(2), 1101(a)(3),

1101(a)(4) and 1101(a)(5) of Public Law 105–178, as amended,

$320,000,000 are rescinded.

FEDERAL-AID HIGHWAYS

EMERGENCY RELIEF PROGRAM

(HIGHWAY TRUST FUND)

For an additional amount for the ‘‘Emergency Relief Program’’, as authorized by section 125 of title 23, United States Code,

$98,000,000, to be derived from the Highway Trust Fund and to

remain available until expended: Provided, That the entire amount

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

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

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

official budget request, that includes designation of the entire

amount of the request as an emergency requirement as defined

in the Balanced Budget and Emergency Deficit Control Act of

1985, as amended, is transmitted by the President to the Congress.

FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION

BORDER ENFORCEMENT PROGRAM

(HIGHWAY TRUST FUND)

For necessary expenses of the Border Enforcement Program

to respond to the September 11, 2001, terrorist attacks on the

PUBLIC LAW 107–206—AUG. 2, 2002 116 STAT. 883

United States, $19,300,000, to be derived from the Highway Trust

Fund, of which $4,200,000 shall be to implement section 1012

of Public Law 107–56 (USA Patriot Act); $10,000,000 shall be

for drivers’ license fraud detection and prevention, the northern

border safety and security study, and hazardous material security

education and outreach; and $5,100,000 shall be for the purposes

of coordinating drivers’ license registration and social security

number verification: Provided, That in connection with such

commercial drivers’ license fraud deterrence projects, the Secretary

may enter into such contracts or grants with the American Association of Motor Vehicle Administrators, States, or other persons as

the Secretary may so designate to carry out these purposes: Provided further, That the entire amount is designated by the Congress

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

the Balanced Budget and Emergency Deficit Control Act of 1985,

as amended.

HAZARDOUS MATERIALS SECURITY

(HIGHWAY TRUST FUND)

For necessary expenses to implement the hazardous materials

safety permit program pursuant to 49 U.S.C. 5109, $5,000,000,

to be derived from the Highway Trust Fund and to remain available

until expended: Provided, That the entire amount is designated

by the Congress as an emergency requirement pursuant to section

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

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

shall be available only to the extent an official budget request

that includes designation of the entire amount of the request as

an emergency requirement as defined in such Act is transmitted

by the President to the Congress.

FEDERAL RAILROAD ADMINISTRATION

GRANTS TO THE NATIONAL RAILROAD PASSENGER CORPORATION

For an additional amount for the National Railroad Passenger

Corporation for expenses to ensure the continuation of rail passenger operations, $205,000,000.

FEDERAL TRANSIT ADMINISTRATION

CAPITAL INVESTMENT GRANTS

For an additional amount for ‘‘Capital Investment Grants’’ for

emergency expenses to respond to the September 11, 2001, terrorist

attacks in New York City, $1,800,000,000, to remain available

until expended to replace, rebuild, or enhance the public transportation systems serving the Borough of Manhattan, New York City,

New York: Provided, That the Secretary may use up to 1 percent

of this amount for oversight activities: Provided further, That these

funds are subject to grant requirements as determined by the

Secretary to ensure that eligible projects will improve substantially

the mobility of commuters in Lower Manhattan: Provided further,

That the Federal share for any project funded from this amount

shall be 100 percent: Provided further, That these funds are in

addition to any other appropriation available for these purposes:

Provided further, That the entire amount is designated by the

116 STAT. 884 PUBLIC LAW 107–206—AUG. 2, 2002

Congress as an emergency requirement pursuant to section

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

Act of 1985, as amended.

GENERAL PROVISIONS—THIS CHAPTER

SEC. 1101. Notwithstanding any other provision of law, projects

and activities designated on pages 82 through 92 of House Report

107–308 shall be eligible for fiscal year 2002 funds made available

for the program for which each project or activity is so designated

and projects and activities on pages 116 and 117 shall be awarded

those grants upon receipt of an application.

SEC. 1102. Section 335 of Public Law 107–87 is amended by

inserting ‘‘and the Transportation Security Administration’’ after

‘‘the Federal Aviation Administration’’; by inserting ‘‘, aviation security’’ after ‘‘air navigation’’, and by inserting ‘‘and the TSA for

necessary security checkpoints’’ after the word ‘‘facilities’’.

SEC. 1103. Title II of Division C of Public Law 105–277 is

amended by striking ‘‘of more than 750 gross registered tons’’ in

each place it appears, and inserting in lieu thereof, ‘‘of more than

750 gross registered tons (as measured under chapter 145 of title

46) or 1,900 gross registered tons as measured under chapter 143

of that title)’’.

SEC. 1104. Section 354 of Public Law 106–346 (114 Stat. 1356A–

35) is amended by inserting ‘‘or Nail Road’’ after ‘‘Star Landing

Road’’.

SEC. 1105. Notwithstanding any other provision of law,

$2,750,000 of amounts made available for ‘‘Intelligent Transportation Systems’’ in Public Law 107–87 and Public Law 106–346

shall be made available for activities authorized under section 5118

of Public Law 105–178.

CHAPTER 12

DEPARTMENT OF THE TREASURY

FEDERAL LAW ENFORCEMENT TRAINING CENTER

SALARIES AND EXPENSES

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

expenses of expanded law enforcement training workload resulting

from the September 11, 2001 terrorist attacks against the United

States, $15,870,000, to remain available until September 30, 2003:

Provided, That the entire amount is designated by the Congress

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

the Balanced Budget and Emergency Deficit Control Act of 1985,

as amended: Provided further, That the entire amount shall be

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

includes designation of the entire amount of the request as an

emergency requirement as defined in the Balanced Budget and

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

by the President to the Congress.

16 USC 1851

note; 46 USC

12102; 46 USC

app. 1274 note.

115 Stat. 861.

PUBLIC LAW 107–206—AUG. 2, 2002 116 STAT. 885

FINANCIAL MANAGEMENT SERVICE

SALARIES AND EXPENSES

(RESCISSION)

Of the unobligated balance as of June 30, 2002, of the funds

made available for ‘‘Financial Management Service, Salaries and

Expenses’’ in chapter 10 of title II of Public Law 107–20,

$14,000,000 are rescinded.

UNITED STATES CUSTOMS SERVICE

SALARIES AND EXPENSES

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

$39,000,000, to remain available until expended: Provided, That

the entire amount is designated by the Congress as an emergency

requirement pursuant to section 251(b)(2)(A) of the Balanced Budget

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

further, That the entire amount shall be available only to the

extent an official budget request that includes designation of the

entire amount of the request as an emergency requirement as

defined in the Balanced Budget and Emergency Deficit Control

Act of 1985, as amended, is transmitted by the President to the

Congress.

INTERNAL REVENUE SERVICE

INFORMATION SYSTEMS

(RESCISSION)

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

rescinded.

BUSINESS SYSTEMS MODERNIZATION

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

September 30, 2003. Such additional amount may not be obligated

until the Internal Revenue Service submits to the Committees

on Appropriations, and such Committees approve, a plan for the

expenditure of such additional amount that complies with the

requirements as specified in clauses (1) through (6) under such

heading in Public Law 107–67.

UNITED STATES SECRET SERVICE

SALARIES AND EXPENSES

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

expenses related to the September 11, 2001 terrorist attacks against

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

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

Congress as an emergency requirement pursuant to section

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

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

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

that includes designation of the entire amount of the request as

116 STAT. 886 PUBLIC LAW 107–206—AUG. 2, 2002

an emergency requirement as defined in the Balanced Budget and

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

by the President to the Congress.

POSTAL SERVICE

PAYMENT TO THE POSTAL SERVICE FUND

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

Fund’’ for emergency expenses to enable the Postal Service to protect postal employees and postal customers from exposure to biohazardous material and to sanitize and screen the mail, $87,000,000,

to remain available until expended: Provided, That the entire

amount is designated by the Congress as an emergency requirement

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

EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS

APPROPRIATED TO THE PRESIDENT

OFFICE OF ADMINISTRATION

SALARIES AND EXPENSES

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

$3,800,000, to remain available until expended: Provided, That

the entire amount is designated by the Congress as an emergency

requirement pursuant to section 251(b)(2)(A) of the Balanced Budget

and Emergency Deficit Control Act of 1985, as amended.

OFFICE OF MANAGEMENT AND BUDGET

SALARIES AND EXPENSES

(RESCISSION)

Of the funds made available under this heading in Public

Law 107–67, $100,000 are rescinded.

ELECTION ADMINISTRATION REFORM AND RELATED EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses for the implementation of an Act

authorizing funds for the improvement of election administration

and related expenses, $400,000,000, to remain available until

expended: Provided, That such amounts shall not be available for

obligation until the enactment of such Act: Provided further, That

upon enactment of such Act, the Director of the Office of Management and Budget shall transfer such amounts to the Federal entities

authorized by such Act to expend funds for the designated purposes:

Provided further, 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

Deadline.

Notification.

PUBLIC LAW 107–206—AUG. 2, 2002 116 STAT. 887

amount is designated by the Congress as an emergency requirement

pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the entire amount shall be available only to the extent that

an official budget request, that includes designation of the entire

amount of the request as an emergency requirement as defined

in the Balanced Budget and Emergency Deficit Control Act of

1985, as amended, is transmitted by the President to the Congress.

INDEPENDENT AGENCIES

FEDERAL ELECTION COMMISSION

SALARIES AND EXPENSES

For an additional amount for ‘‘Salaries and Expenses’’, $750,000

for unanticipated costs associated with implementing the Bipartisan

Campaign Reform Act.

GENERAL SERVICES ADMINISTRATION

REAL PROPERTY ACTIVITIES

FEDERAL BUILDINGS FUND

For an additional amount for ‘‘Federal Buildings Fund’’ for

building security emergency expenses resulting from the September

11, 2001, terrorist attacks on the United States, $21,800,000: Provided, That the entire amount is designated by the Congress as

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

Balanced Budget and Emergency Deficit Control Act of 1985, as

amended.

GENERAL PROVISIONS—THIS CHAPTER

SEC. 1201. None of the funds appropriated in this or any

other Act may be used to transfer the functions, missions, or activities of the United States Customs Service to the Department of

Justice.

SEC. 1202. (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

Deadline.

42 USC 3771

note.

116 STAT. 888 PUBLIC LAW 107–206—AUG. 2, 2002

Federal Employees’ Retirement System, or any other retirement

system for employees;

(2) the term ‘‘employee’’ has the meaning given such term

by section 2105 of such title 5; and

(3) the counting of Federal annuitants shall be done on

a full time equivalent basis.

SEC. 1203. Notwithstanding any other provision of law, hereafter, for purposes of section 201(a) of the Federal Property and

Administrative Services Act of 1949 (relating to Federal sources

of supply, including lodging providers, airlines and other transportation providers), the Eisenhower Exchange Fellowship Program

shall be deemed an executive agency for the purposes of carrying

out the provisions of 20 U.S.C. 5201, and the employees of and

participants in the Eisenhower Exchange Fellowship Program shall

be eligible to have access to such sources of supply on the same

basis as employees of an executive agency have such access.

CHAPTER 13

DEPARTMENT OF VETERANS AFFAIRS

VETERANS BENEFITS ADMINISTRATION

COMPENSATION AND PENSIONS

For an additional amount for ‘‘Compensation and pensions’’,

$1,100,000,000, to remain available until expended.

VETERANS HEALTH ADMINISTRATION

MEDICAL CARE

For an additional amount for ‘‘Medical care’’, $417,000,000,

to remain available until September 30, 2003: Provided, That the

funds provided herein be allocated using the VERA methodology:

Provided further, That for the purposes of enabling the collection

from third-party insurance carriers for non-service related medical

care of veterans, all Department of Veterans Affairs healthcare

facilities are hereby certified as Medicare and Medicaid providers

and the Centers for Medicare and Medicaid Services within the

Department of Health and Human Services shall issue each Department of Veterans Affairs healthcare facility a provider number

as soon as practicable after the date of enactment of this Act:

Provided further, That nothing in the preceding proviso shall be

construed to enable the Department of Veterans Affairs to bill

Medicare or Medicaid for any medical services provided by the

Veterans Health Administration or to require the Centers for Medicare and Medicaid Services to pay for any medical services provided

by the Department of Veterans Affairs: Provided further, That

$275,000,000 is designated by the Congress as an emergency

requirement pursuant to section 251(b)(2)(A) of the Balanced Budget

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

further, That $275,000,000 shall be available only to the extent

that an official budget request, that includes designation of the

entire amount of the request as an emergency requirement as

defined in the Balanced Budget and Emergency Deficit Control

Act of 1985, as amended, is transmitted by the President to the

Congress.

38 USC 1729

note.

20 USC 5207.

PUBLIC LAW 107–206—AUG. 2, 2002 116 STAT. 889

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

PUBLIC AND INDIAN HOUSING

HOUSING CERTIFICATE FUND

(RESCISSION)

Of the unobligated balances remaining from funds appropriated

to the Department of Housing and Urban Development under this

heading or the heading ‘‘Annual contributions for assisted housing’’

or any other heading for fiscal year 2002 and prior years,

$388,500,000 is hereby rescinded: Provided, That this rescission

shall apply first to such unobligated balances under this heading

or the heading ‘‘Annual contributions for assisted housing’’: Provided

further, That any unobligated balances governed by reallocation

provisions under the statute authorizing the program for which

the funds were originally appropriated may be available for this

rescission subject to the first proviso.

COMMUNITY PLANNING AND DEVELOPMENT

COMMUNITY DEVELOPMENT FUND

For an additional amount for the ‘‘Community development

fund’’ for emergency expenses to respond to the September 11,

2001, terrorist attacks on the United States, $783,000,000, to

remain available until expended: Provided, That the State of New

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

the Lower Manhattan Development Corporation, distribute these

funds: Provided further, That such funds may be used for assistance

for properties and businesses (including the restoration of utility

infrastructure) damaged by, and for economic revitalization directly

related to, the terrorist attacks on the United States that occurred

on September 11, 2001, in New York City and for reimbursement

to the State and City of New York for expenditures incurred from

the regular Community Development Block Grant formula allocation used to achieve these same purposes: Provided further, That

the State of New York is authorized to provide such assistance

to the City of New York: Provided further, That in administering

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

and Community Development Act of 1974, as amended, used for

economic revitalization activities in New York City, the Secretary

may waive, or specify alternative requirements for, any provision

of any statute or regulation that the Secretary administers in

connection with the obligation by the Secretary or the use by

the recipient of these funds or guarantees (except for requirements

related to fair housing, nondiscrimination, labor standards, and

the environment), upon a finding that such waiver is required

to facilitate the use of such funds or guarantees: Provided further,

That such funds shall not adversely affect the amount of any

formula assistance received by the State of New York, New York

City, or any categorical application for other Federal assistance:

Provided further, 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

Federal Register,

publication.

Deadline.

116 STAT. 890 PUBLIC LAW 107–206—AUG. 2, 2002

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 CenterWellstone in Wellstone, Missouri’’.

The referenced statement of the managers under the heading

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

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

Louisville Community Development Bank for the Louisville

Neighborhood Initiative’’ and inserting ‘‘$2,000,000 for neighborhood

revitalization activities in Louisville, Kentucky, as follows: $170,000

to the Christian Church Homes of Kentucky for facility upgrades

at Chapel House, $500,000 to the Louisville Medical Center

Development Corporation for expansion of a research park, $400,000

to the Louisville Science Center for construction of a permanent

exhibition, $150,000 to the New Zion Community Development

Foundation for renovation of a facility, $400,000 to the Presbyterian

Community Center for construction of a facility, $180,000 to the

St. Stephen Family Life Center for renovation of a facility, and

$200,000 to the United Crescent Hill Ministries for renovation

of a facility’’.

The referenced statement of the managers under the heading

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

377 is deemed to be amended by striking ‘‘$1,000,000 for the

Community Action Agency of Southern New Mexico, Inc. for

construction of a regional food bank and supporting offices’’ and

insert in lieu thereof ‘‘$1,000,000 for the Community Action Agency

of Southern New Mexico for construction, purchase, or renovation

and the equipping of a regional food bank and supporting offices’’.

The referenced statement of the managers under the heading

‘‘Community development fund’’ in title II of Public Law 107–

73 is deemed to be amended by striking ‘‘$400,000 to the City

of Reading, Pennsylvania for the development of the Morgantown

Road Industrial Park on what is currently a brownfields site’’ and

insert in lieu thereof ‘‘$400,000 for the City of Reading, Pennsylvania for the development of the American Chain and Cable

brownfield site’’.

The referenced statement of the managers under the heading

‘‘Community development fund’’ in title II of Public Law 107–

73 is deemed to be amended by striking ‘‘$750,000 for the Smart

Start Child Care Center and Expertise School of Las Vegas, Nevada

for construction of a child care facility’’ and insert in lieu thereof

‘‘$250,000 for the Smart Start Child Care Center of Las Vegas,

Nevada for construction of a child care facility and $500,000 for

Expertise, Inc. of Las Vegas, Nevada for job training’’.

Notification.

Deadline.

PUBLIC LAW 107–206—AUG. 2, 2002 116 STAT. 891

The referenced statement of the managers under the heading ‘‘Community development fund’’ in title II of Public Law 107– 73 is deemed to be amended by striking ‘‘$3,000,000 for the Louisville Community Development Bank for continuation of the Louisville Neighborhood Initiative’’ and inserting ‘‘$3,000,000 for

neighborhood revitalization activities in Louisville, Kentucky, as

follows: $250,000 to the Bridgehaven Mental Health Agency for

planning and development of a facility, $600,000 to the Cable Life

Community Enrichment Corporation for construction of a facility,

$350,000 to Catholic Charities for renovation of a facility, $500,000

to the Center for Women and Families for an affordable housing

program, $100,000 to the Clifton Cultural Center for renovation

of a historic building, $200,000 to Harrods Creek Community

Development for construction of a facility, $200,000 to the James

Taylor Memorial Home for facility improvements, $600,000 to the

Kentucky Art and Craft Foundation for renovation of a facility,

and $200,000 to the Shelby Park Neighborhood Association for

facility construction’’.

The referenced statement of the managers under the heading

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

106–74 is deemed to be amended with respect to the amount made

available for the City of Hollister, California by striking ‘‘to the

City of Hollister, California for the construction of a new fire station’’ and inserting ‘‘to the Monterey County, California Economic

Development Agency for a mobile animal slaughter processing unit’’.

The unobligated amount appropriated in the third paragraph

under the heading ‘‘Community development block grants’’ in

chapter 8 of title II of the Emergency Supplemental Act, 2000

(Public Law 106–246; 114 Stat. 565), as subsequently made available under the heading ‘‘Community development fund’’ in chapter

13 of Division A of the Miscellaneous Appropriations Act, 2001

(H.R. 5666 (excluding section 123), 106th Congress, as enacted

into law by Public Law 106–554; 114 Stat. 2763D–42), for a grant

to the County of Richmond, North Carolina, shall remain available

until September 30, 2003, for development and construction of

the Richmond County Industrial Park.

The referenced statement of the managers under this heading

in title II of Public Law 106–377 is deemed to be amended by

striking ‘‘$300,000 for Upper Darby Township, Pennsylvania to

assist residents with homes that are sinking due to soil subsidence’’

and insert in lieu thereof ‘‘$300,000 for Upper Darby Township,

Pennsylvania to assist residents with homes that are sinking due

to soil subsidence and for the development of a recreation area,

including parking, at Shadeland Avenue’’.

The referenced statement of the managers under this heading

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

‘‘$150,000 to Winchester County, Virginia for the historic restoration

of the Winchester County Courthouse’’ and inserting ‘‘$150,000

to Frederick County, Virginia for the historic restoration of the

Old Frederick County Courthouse in Winchester, Virginia’’.

The referenced statement of the managers under this heading

in Public Law 107–73 is deemed to be amended with respect to

the amount made available for Family Focus by striking ‘‘Family

Focus’’ and inserting ‘‘the Weissbourd-Holmes Family Focus Center’’

and by striking ‘‘Evansville’’ and inserting ‘‘Evanston’’.

The referenced statement of the managers under this heading

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

116 STAT. 892 PUBLIC LAW 107–206—AUG. 2, 2002

‘‘$100,000 for Morristown Neighborhood House for the infrastructure improvements to the Manahan Village Resident Center

Childcare facility in Morristown, New Jersey’’ and inserting ‘‘$100,000 to the Somerset Valley YMCA Childcare Center in Somerset County, New Jersey for capital improvements’’.

The referenced statement of the managers under this heading

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

‘‘$600,000 to the Reuben Lindh Family Services in Minneapolis,

Minnesota for facilities rehabilitation’’ and inserting in lieu thereof

‘‘$350,000 to the Plymouth Christian Youth Center in Minneapolis,

Minnesota for facilities rehabilitation and $250,000 to Migizi

Communications in Minneapolis, Minnesota to repair and renovate

its Family Education Center’’.

HOME INVESTMENT PARTNERSHIPS PROGRAM

(RESCISSION)

Of the funds made available under this heading in Public

Law 107–73, $50,000,000 are rescinded from the Downpayment

Assistance Initiative.

HOUSING PROGRAMS

RENTAL HOUSING ASSISTANCE

(RESCISSION)

The limitation otherwise applicable to the maximum payments

that may be required in any fiscal year by all contracts entered

into under section 236 of the National Housing Act (12 U.S.C.

1715z–1) is reduced in fiscal year 2002 by not more than

$300,000,000 in uncommitted balances of authorizations of contract

authority provided for this purpose in appropriations acts: Provided,

That up to $300,000,000 of recaptured section 236 budget authority

resulting from the prepayment of mortgages subsidized under section 236 of the National Housing Act (12 U.S.C. 1715z–1) shall

be rescinded in fiscal year 2002.

INDEPENDENT AGENCIES

DEPARTMENT OF HEALTH AND HUMAN SERVICES

NATIONAL INSTITUTES OF HEALTH

NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES

For an additional amount for ‘‘National Institute of Environmental Health Sciences’’, $8,000,000, to remain available until September 30, 2003, to carry out activities set forth in section 311(a)

of the Comprehensive Environmental Response, Compensation, and

Liability Act of 1980, as amended, and section 126(g) of the Superfund Amendments and Reauthorization Act of 1986 in response

to the September 11, 2001, terrorist attacks on the United States:

Provided, That the entire amount is designated by the Congress

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

the Balanced Budget and Emergency Deficit Control Act of 1985,

as amended: Provided further, That the entire amount shall be

available only to the extent an official budget request that includes

PUBLIC LAW 107–206—AUG. 2, 2002 116 STAT. 893

designation of the entire amount of the request as an emergency

requirement as defined in the Balanced Budget and Emergency

Deficit Control Act of 1985, as amended, is transmitted by the

President to the Congress.

AGENCY FOR TOXIC SUBSTANCES AND DISEASE REGISTRY

TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC HEALTH

For an additional amount for ‘‘Toxic substances and environmental public health’’, $11,300,000, to remain available until Sep- tember 30, 2003, of which $1,800,000 is for additional expenses

incurred in response to the September 11, 2001, terrorist attacks

on the United States, and of which $9,500,000 is to enhance the

States’ capacity to respond to chemical terrorism events: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balance

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

Provided further, That the entire amount shall be available only

to the extent an official budget request that includes designation

of the entire amount of the request as an emergency requirement

as defined in the Balanced Budget and Emergency Deficit Control

Act of 1985, as amended, is transmitted by the President to the

Congress.

ENVIRONMENTAL PROTECTION AGENCY

SCIENCE AND TECHNOLOGY

For an additional amount for ‘‘Science and technology’’,

$50,000,000, to remain available until September 30, 2003: Provided, That the entire amount is designated by the Congress as

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

Balanced Budget and Emergency Deficit Control Act of 1985, as

amended: Provided further, That the entire amount shall be available only to the extent an official budget request that includes

designation of the entire amount of the request as an emergency

requirement as defined in the Balanced Budget and Emergency

Deficit Control Act of 1985, as amended, is transmitted by the

President to the Congress.

ENVIRONMENTAL PROGRAMS AND MANAGEMENT

(TRANSFER OF FUNDS)

Of the amount appropriated under this heading in title III

of Public Law 107–73 to develop engineering plans for addressing

the wastewater infrastructure needs in Rosman, North Carolina

as identified in project number 67, $400,000 shall be transferred

to the ‘‘State and tribal assistance grants’’ account to remain available until expended for grants for wastewater and sewer infrastructure improvements in the Town of Rosman, North Carolina.

STATE AND TRIBAL ASSISTANCE GRANTS

The referenced statement of the managers under this heading

in Public Law 106–377 is deemed to be amended by striking everything after ‘‘$1,000,000’’ in reference to item 91 and inserting ‘‘to

the Northern Kentucky Area Development District for Carroll

116 STAT. 894 PUBLIC LAW 107–206—AUG. 2, 2002

County Wastewater Infrastructure Project ($500,000), City of

Owenton Water Collection and Treatment System Improvements

and Freshwater Intake Project ($400,000), Grant County

Williamstown Lake Expansion Project ($50,000), and Pendleton

County Williamstown Lake Expansion Project ($50,000)’’.

The referenced statement of the managers under this heading

in Public Law 107–73 is deemed to be amended by striking everything after ‘‘for’’ in reference to item number 202 and inserting

‘‘storm water infrastructure improvements’’.

Grants appropriated under this heading in Public Law 107–

73 for drinking water infrastructure needs in the New York City

watershed shall be awarded under section 1443(d) of the Safe

Drinking Water Act, as amended.

The referenced statement of the managers under this heading

in Public Law 106–377 is deemed to be amended by striking everything after ‘‘$2,000,000’’ in reference to item number 168 and

inserting ‘‘for the Town of Wallace, North Carolina for a regional

wastewater infrastructure improvement project ($1,000,000), and

for the Town of Cary, North Carolina for wastewater infrastructure

improvements including the treatment of biosolids ($1,000,000).’’.

The referenced statement of managers under this heading in

Public Law 107–73 is deemed to be amended in item 19 by inserting

the words ‘‘water and’’ after the word ‘‘for’’.

The referenced statement of the managers under this heading

in Public Law 107–73 is deemed to be amended by striking everything after ‘‘sewer’’ in reference to item number 183 and inserting

‘‘and drinking water upgrade project in Anaconda, Montana’’.

The referenced statement of the managers under this heading

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

City of Florence, Montana’’ in reference to item number 184 and

inserting ‘‘the Florence County Water and Sewer District’’.

FEDERAL EMERGENCY MANAGEMENT AGENCY

DISASTER RELIEF

For an additional amount for ‘‘Disaster relief’’ for emergency

expenses to respond to the September 11, 2001, terrorist attacks

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

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

and the Federal Fire Prevention and Control Act of 1974, as

amended (15 U.S.C. 2201 et seq.), $2,650,700,000, to remain available until expended: Provided, That in administering the Mortgage

and Rental Assistance Program for victims of September 11, 2001,

the Federal Emergency Management Agency will recognize those

people who were either directly employed in the Borough of Manhattan or had at least 75 percent of their wages coming from business

conducted within the Borough of Manhattan as eligible for assistance under the program, as they were directly impacted by the

terrorist attacks: Provided further, That FEMA shall provide compensation to previously denied Mortgage and Rental Assistance

Program applicants who would qualify under these new guidelines:

Provided further, That the entire amount is designated by the

Congress as an emergency requirement pursuant to section

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

Act of 1985, as amended.

PUBLIC LAW 107–206—AUG. 2, 2002 116 STAT. 895

DISASTER ASSISTANCE FOR UNMET NEEDS

For an additional amount for ‘‘Disaster assistance for unmet

needs’’, $23,200,000, to remain available until September 30, 2004,

for use by the Director of the Federal Emergency Management

Agency (Director) only for disaster relief, long-term recovery, and

mitigation in communities affected by Presidentially-declared natural disasters designated during fiscal year 2002, only to the extent

funds are not made available for those activities by the Federal

Emergency Management Agency (under its ‘‘Disaster relief’’ program) or the Small Business Administration: Provided, That in

administering these funds the Director shall allocate these funds

to States to be administered by each State in conjunction with

its Federal Emergency Management Agency Disaster Relief program: Provided further, That each State shall provide not less

than 25 percent in non-Federal public matching funds or its equivalent value (other than administrative costs) for any funds allocated

to the State under this heading: Provided further, That the Director

shall allocate these funds based on the unmet needs arising from

a Presidentially-declared disaster as identified by the Director as

those which have not or will not be addressed by other Federal

disaster assistance programs and for which it is deemed appropriate

to supplement the efforts and available resources of States, local

governments and disaster relief organizations: Provided further,

That the Director shall establish review groups within the Federal

Emergency Management Agency to review each request by a State

of its unmet needs and certify as to the actual costs associated

with the unmet needs as well as the commitment and ability

of each State to provide its match 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.

Reports.

Records.

Notice.

Federal Register,

publication.

116 STAT. 896 PUBLIC LAW 107–206—AUG. 2, 2002

EMERGENCY MANAGEMENT PLANNING AND ASSISTANCE

For an additional amount for ‘‘Emergency management planning and assistance’’ for emergency expenses to respond to the

September 11, 2001, terrorist attacks on the United States,

$447,200,000, to remain available until September 30, 2003, of

which $150,000,000 is for programs as authorized by section 33

of the Federal Fire Prevention and Control Act of 1974, as amended

(15 U.S.C. 2201 et seq.); $54,200,000 for the existing national urban

search and rescue system; and $50,000,000 for interoperable

communications equipment: Provided, That the entire amount is

designated by the Congress as an emergency requirement pursuant

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

$221,800,000 shall be available only to the extent an official budget

request, that includes designation of the $221,800,000 as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted

by the President to the Congress.

CERRO GRANDE FIRE CLAIMS

For an additional amount for ‘‘Cerro Grande fire claims’’,

$61,000,000 for claims resulting from the Cerro Grande fires, to

remain available until September 30, 2003: Provided, That up to

5 percent of the amount made available under this heading may

be used for administrative costs: Provided further, That the entire

amount is designated by the Congress as an emergency requirement

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

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

official budget request that includes designation of the entire

amount of the request as an emergency requirement as defined

in the Balanced Budget and Emergency Deficit Control Act of

1985, as amended, is transmitted by the President to the Congress.

NATIONAL SCIENCE FOUNDATION

EDUCATION AND HUMAN RESOURCES

For an additional amount for ‘‘Education and human resources’’

for emergency expenses to respond to emergent needs in cyber

security, $19,300,000, to remain available until September 30, 2003:

Provided, That the entire amount is designated by the Congress

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

the Balanced Budget and Emergency Deficit Control Act of 1985,

as amended.

GENERAL PROVISIONS—THIS CHAPTER

SEC. 1301. Notwithstanding the first paragraph of the item

in title II of Public Law 107–73 relating to ‘‘Federal housing

administration, Mutual mortgage insurance program account’’,

during fiscal year 2002, commitments to guarantee loans to carry

out the purposes of section 203(b) of the National Housing Act

shall not exceed a loan principal of $165,000,000,000.

PUBLIC LAW 107–206—AUG. 2, 2002 116 STAT. 897

SEC. 1302. Notwithstanding the first paragraph of the item

in title II of Public Law 107–73 related to ‘‘Federal housing administration, General and special risk program account’’, any amounts

made available for fiscal year 2002 for the cost of guaranteed

loans, as authorized by sections 238 and 519 of the National

Housing Act (12 U.S.C. 1715z–3 and 1735c), including the cost

of loan guarantee modifications (as that term is defined in section

502 of the Congressional Budget Act of 1974), shall be available

to subsidize total loan principal, any part of which is to be guaranteed, of up to $23,000,000,000.

SEC. 1303. The Secretary of Housing and Urban Development

shall begin to enter into new agreements and contracts pursuant

to the Asset Control Area Demonstration Program as provided

in section 602 of Public Law 105–276 not later than September

15, 2002: Provided, That any agreement or contract entered into

pursuant to such program shall be consistent with the requirements

of such section 602: Provided further, That the Department shall

develop proposed regulations for this program not later than September 15, 2002.

SEC. 1304. The Secretary of Housing and Urban Development

shall submit a report every 90 days to the House and Senate

Committees on Appropriations on the status of any multifamily

housing project (including all hospitals and nursing homes) insured

under the National Housing Act that has been in default for longer

than 60 days. The report shall include the location of the property,

the reason for the default, and all actions taken by the Secretary

and owner with regard to the default, including any work-out agreements, the status and terms of any assistance or loans, and any

transfer of an ownership interest in the property (including any

assistance or loans made to the prior, current or intended owner

of the property or to the local unit of government in which the

property is located). The initial report shall be submitted no later

than September 16, 2002.

SEC. 1305. For purposes of facilitating the sale of Stafford

Apartments (FHA Project No: 052–44163) for use as student

housing—

(1) the Secretary of Housing and Urban Development shall

renew the section 8 contract that was associated with such

property and that expired during fiscal year 2001 at rent levels

not to exceed market rents as determined by the Secretary,

subject to annual operating cost adjustment factor increases,

and subject to such other conditions as the Secretary may

determine appropriate, and the renewal of such contract shall

be deemed to have taken effect as of October 1, 2001;

(2) prior to sale of this property for student housing, any

funds remaining in the property’s residual receipts and reserve

for replacement accounts shall be used in connection with the

relocation of tenants under this section, and any remaining

amounts shall be returned to the Secretary;

(3) subject to the concurrence by the Secretary with the

relocation plan for current tenants, the payment in full of

mortgages on this property insured pursuant to sections 236(j)

and 241(a) of the National Housing Act and the resultant

termination of the insurance contracts associated with those

mortgages, the payment in full of the loan on this property

made pursuant to section 201 of the Housing and Community

Development Amendments of 1978, and, as of the date of sale,

Effective date.

Deadline.

Reports.

Regulations.

Deadline.

12 USC 1710

note.

Contracts.

116 STAT. 898 PUBLIC LAW 107–206—AUG. 2, 2002

the termination of any assistance under section 236(f)(2) of

the National Housing Act and section 8 of the United States

Housing Act of 1937 and the return to the Secretary of any

such assistance that has not been expended, such property

may be sold for use as student housing, notwithstanding any

federal use restrictions required pursuant to section 201 of

the Housing and Community Development Amendments of 1978

(12 U.S.C. 1715z–1a) and section 250 of the National Housing

Act (12 U.S.C. 1715z–15);

(4) upon the concurrence by the Secretary of such relocation

plan and the sale of such property for use as student housing,

all of the tenants of such property shall be relocated and

shall receive, subject to the availability of funds, tenant-based

assistance under section 8(o) of the United States Housing

Act of 1937, notwithstanding any rights of such tenants to

elect to remain in such property pursuant to section 8(t) of

such Act (42 U.S.C. 1437f(t)) or to receive enhanced voucher

assistance under such section; and

(5) the provisions of this section shall only remain effective

for 24 months from the date of enactment of this section.

CHAPTER 14

GENERAL PROVISIONS

SEC. 1401. No part of any appropriation contained in this

Act shall remain available for obligation beyond the current fiscal

year unless expressly so provided herein.

SEC. 1402. Notwithstanding any other provision of law, all

adjustments made pursuant to section 251(b)(1)(B) of the Balanced

Budget and Emergency Deficit Control Act of 1985 to the highway

category and to section 8103(a)(5) of the Transportation Equity

Act for the 21st Century for fiscal year 2003 shall be deemed

to be zero. This section shall apply immediately to all reports

issued pursuant to section 254 of the Balanced Budget and Emergency Deficit Control Act of 1985 for fiscal year 2003, including

the discretionary sequester preview report.

FEDERAL ADMINISTRATIVE AND TRAVEL EXPENSES

(RESCISSIONS)

SEC. 1403. (a) Of the funds available to the agencies of the

Federal Government from prior Appropriations Acts, $350,000,000

are hereby rescinded: Provided, That rescissions pursuant to this

subsection shall be taken only from administrative and travel

accounts: Provided further, That rescissions shall be taken on a

pro rata basis from funds available to every Federal agency, department, and office in the executive branch, including the Office of

the President.

(b) Within 30 days after the date of the enactment of this

Act, the Director of the Office of Management and Budget shall

submit to the Committees on Appropriations of the House of Representatives and the Senate a listing of the amounts by account

of the reductions made pursuant to the provisions of subsection

(a) of this section: Provided, That the Office of Management and

Budget shall also include with such listing an explanation of the

Deadline.

Records.

Effective date.

PUBLIC LAW 107–206—AUG. 2, 2002 116 STAT. 899

methodology used to identify the offices, accounts, and amounts

to be reduced.

SEC. 1404. Any amount appropriated in this Act for which

availability is made contingent by a provision of this Act on designation by the President as an emergency requirement pursuant to

the Balanced Budget and Emergency Deficit Control Act of 1985

shall not be available for obligation unless all such contingent

amounts are designated by the President, within 30 days of enactment of this Act, as such emergency requirements.

TITLE II—AMERICAN 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

‘‘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

22 USC 7421.

22 USC 7401

note.

American

Servicemembers’

Protection Act of

2002.

116 STAT. 900 PUBLIC LAW 107–206—AUG. 2, 2002

in multinational operations, including humanitarian interventions to save civilian lives. Other contributors to peacekeeping

operations will be similarly exposed.’’.

(6) Notwithstanding these concerns, President Clinton

directed that the United States sign the Rome Statute on

December 31, 2000. In a statement issued that day, he stated

that in view of the unremedied deficiencies of the Rome Statute,

‘‘I will not, and do not recommend that my successor submit

the Treaty to the Senate for advice and consent until our

fundamental concerns are satisfied’’.

(7) Any American prosecuted by the International Criminal

Court will, under the Rome Statute, be denied procedural

protections to which all Americans are entitled under the Bill

of Rights to the United States Constitution, such as the right

to trial by jury.

(8) Members of the Armed Forces of the United States

should be free from the risk of prosecution by the International

Criminal Court, especially when they are stationed or deployed

around the world to protect the vital national interests of

the United States. The United States Government has an

obligation to protect the members of its Armed Forces, to the

maximum extent possible, against criminal prosecutions carried

out by the International Criminal Court.

(9) In addition to exposing members of the Armed Forces

of the United States to the risk of international criminal

prosecution, the Rome Statute creates a risk that the President

and other senior elected and appointed officials of the United

States Government may be prosecuted by the International

Criminal Court. Particularly if the Preparatory Commission

agrees on a definition of the Crime of Aggression over United

States objections, senior United States officials may be at risk

of criminal prosecution for national security decisions involving

such matters as responding to acts of terrorism, preventing

the proliferation of weapons of mass destruction, and deterring

aggression. No less than members of the Armed Forces of

the United States, senior officials of the United States Government should be free from the risk of prosecution by the International Criminal Court, especially with respect to official

actions taken by them to protect the national interests of the

United States.

(10) Any agreement within the Preparatory Commission

on a definition of the Crime of Aggression that usurps the

prerogative of the United Nations Security Council under

Article 39 of the charter of the United Nations to ‘‘determine

the existence of any . . . . act of aggression’’ would contravene

the charter of the United Nations and undermine deterrence.

(11) It is a fundamental principle of international law

that a treaty is binding upon its parties only and that it

does not create obligations for nonparties without their consent

to be bound. The United States is not a party to the Rome

Statute and will not be bound by any of its terms. The United

States will not recognize the jurisdiction of the International

Criminal Court over United States nationals.

PUBLIC LAW 107–206—AUG. 2, 2002 116 STAT. 901

SEC. 2003. WAIVER AND TERMINATION OF PROHIBITIONS OF THIS

TITLE.

(a) AUTHORITY TO INITIALLY WAIVE SECTIONS 5 AND 7.—The

President is authorized to waive the prohibitions and requirements

of sections 2005 and 2007 for a single period of 1 year. A waiver

under this subsection may be issued only if the President at least

15 days in advance of exercising such authority—

(1) notifies the appropriate congressional committees of

the intention to exercise such authority; and

(2) determines and reports to the appropriate congressional

committees that the International Criminal Court has entered

into a binding agreement that—

(A) prohibits the International Criminal Court from

seeking to exercise jurisdiction over the following persons

with respect to actions undertaken by them in an official

capacity:

(i) covered United States persons;

(ii) covered allied persons; and

(iii) individuals who were covered United States

persons or covered allied persons; and

(B) ensures that no person described in subparagraph

(A) will be arrested, detained, prosecuted, or imprisoned

by or on behalf of the International Criminal Court.

(b) AUTHORITY TO EXTEND WAIVER OF SECTIONS 5 AND 7.—

The President is authorized to waive the prohibitions and requirements of sections 2005 and 2007 for successive periods of 1 year

each upon the expiration of a previous waiver pursuant to subsection (a) or this subsection. A waiver under this subsection may

be issued only if the President at least 15 days in advance of

exercising such authority—

(1) notifies the appropriate congressional committees of

the intention to exercise such authority; and

(2) determines and reports to the appropriate congressional

committees that the International Criminal Court—

(A) remains party to, and has continued to abide by,

a binding agreement that—

(i) prohibits the International Criminal Court from

seeking to exercise jurisdiction over the following persons with respect to actions undertaken by them in

an official capacity:

(I) covered United States persons;

(II) covered allied persons; and

(III) individuals who were covered United

States persons or covered allied persons; and

(ii) ensures that no person described in clause

(i) will be arrested, detained, prosecuted, or imprisoned

by or on behalf of the International Criminal Court;

and

(B) has taken no steps to arrest, detain, prosecute,

or imprison any person described in clause (i) of subparagraph (A).

(c) AUTHORITY TO WAIVE SECTIONS 4 AND 6 WITH RESPECT

TO AN INVESTIGATION OR PROSECUTION OF A NAMED INDIVIDUAL.—

The President is authorized to waive the prohibitions and requirements of sections 2004 and 2006 to the degree such prohibitions

and requirements would prevent United States cooperation with

22 USC 7422.

116 STAT. 902 PUBLIC LAW 107–206—AUG. 2, 2002

an investigation or prosecution of a named individual by the International Criminal Court. A waiver under this subsection may be

issued only if the President at least 15 days in advance of exercising

such authority—

(1) notifies the appropriate congressional committees of

the intention to exercise such authority; and

(2) determines and reports to the appropriate congressional

committees that—

(A) a waiver pursuant to subsection (a) or (b) of the

prohibitions and requirements of sections 2005 and 2007

is in effect;

(B) there is reason to believe that the named individual

committed the crime or crimes that are the subject of

the International Criminal Court’s investigation or prosecution;

(C) it is in the national interest of the United States

for the International Criminal Court’s investigation or

prosecution of the named individual to proceed; and

(D) in investigating events related to actions by the

named individual, none of the following persons will be

investigated, arrested, detained, prosecuted, or imprisoned

by or on behalf of the International Criminal Court with

respect to actions undertaken by them in an official

capacity:

(i) Covered United States persons.

(ii) Covered allied persons.

(iii) Individuals who were covered United States

persons or covered allied persons.

(d) TERMINATION OF WAIVER PURSUANT TO SUBSECTION (c).—

Any waiver or waivers exercised pursuant to subsection (c) of the

prohibitions and requirements of sections 2004 and 2006 shall

terminate at any time that a waiver pursuant to subsection (a)

or (b) of the prohibitions and requirements of sections 2005 and

2007 expires and is not extended pursuant to subsection (b).

(e) TERMINATION OF PROHIBITIONS OF THIS TITLE.—The prohibitions and requirements of sections 2004, 2005, 2006, and 2007

shall cease to apply, and the authority of section 2008 shall terminate, if the United States becomes a party to the International

Criminal Court pursuant to a treaty made under article II, section

2, clause 2 of the Constitution of the United States.

SEC. 2004. PROHIBITION ON COOPERATION WITH THE INTERNATIONAL

CRIMINAL COURT.

(a) APPLICATION.—The provisions of this section—

(1) apply only to cooperation with the International

Criminal Court and shall not apply to cooperation with an

ad hoc international criminal tribunal established by the United

Nations Security Council before or after the date of the enactment of this Act to investigate and prosecute war crimes committed in a specific country or during a specific conflict; and

(2) shall not prohibit— (A) any action permitted under section 2008; or

(B) communication by the United States of its policy

with respect to a matter.

(b) PROHIBITION ON RESPONDING TO REQUESTS FOR COOPERA- TION.—Notwithstanding section 1782 of title 28, United States Code,

or any other provision of law, no United States Court, and no

22 USC 7423.

PUBLIC LAW 107–206—AUG. 2, 2002 116 STAT. 903

agency or entity of any State or local government, including any

court, may cooperate with the International Criminal Court in

response to a request for cooperation submitted by the International

Criminal Court pursuant to the Rome Statute.

(c) PROHIBITION ON TRANSMITTAL OF LETTERS ROGATORY FROM

THE INTERNATIONAL CRIMINAL COURT.—Notwithstanding section

1781 of title 28, United States Code, or any other provision of

law, no agency of the United States Government may transmit

for execution any letter rogatory issued, or other request for cooperation made, by the International Criminal Court to the tribunal,

officer, or agency in the United States to whom it is addressed.

(d) PROHIBITION ON EXTRADITION TO THE INTERNATIONAL

CRIMINAL COURT.—Notwithstanding any other provision of law,

no agency or entity of the United States Government or of any

State or local government may extradite any person from the United

States to the International Criminal Court, nor support the transfer

of any United States citizen or permanent resident alien to the

International Criminal Court.

(e) PROHIBITION ON PROVISION OF SUPPORT TO THE INTERNATIONAL CRIMINAL COURT.—Notwithstanding any other provision

of law, no agency or entity of the United States Government or

of any State or local government, including any court, may provide

support to the International Criminal Court.

(f) PROHIBITION ON USE OF APPROPRIATED FUNDS TO ASSIST

THE INTERNATIONAL CRIMINAL COURT.—Notwithstanding any other

provision of law, no funds appropriated under any provision of

law may be used for the purpose of assisting the investigation,

arrest, detention, extradition, or prosecution of any United States

citizen or permanent resident alien by the International Criminal

Court.

(g) RESTRICTION ON ASSISTANCE PURSUANT TO MUTUAL LEGAL

ASSISTANCE TREATIES.—The United States shall exercise its rights

to limit the use of assistance provided under all treaties and executive agreements for mutual legal assistance in criminal matters,

multilateral conventions with legal assistance provisions, and extradition treaties, to which the United States is a party, and in

connection with the execution or issuance of any letter rogatory,

to prevent the transfer to, or other use by, the International

Criminal Court of any assistance provided by the United States

under such treaties and letters rogatory.

(h) PROHIBITION ON INVESTIGATIVE ACTIVITIES OF AGENTS.—

No agent of the International Criminal Court may conduct, in

the United States or any territory subject to the jurisdiction of

the United States, any investigative activity relating to a preliminary inquiry, investigation, prosecution, or other proceeding at the

International Criminal Court.

SEC. 2005. 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

22 USC 7424.

116 STAT. 904 PUBLIC LAW 107–206—AUG. 2, 2002

of the United Nations permanently exempts, at a minimum, members of the Armed Forces of the United States participating in

such operation from criminal prosecution or other assertion of jurisdiction by the International Criminal Court for actions undertaken

by such personnel in connection with the operation.

(b) RESTRICTION.—Members of the Armed Forces of the United

States may not participate in any peacekeeping operation under

chapter VI of the charter of the United Nations or peace enforcement operation under chapter VII of the charter of the United

Nations, the creation of which is authorized by the United Nations

Security Council on or after the date that the Rome Statute enters

into effect pursuant to Article 126 of the Rome Statute, unless

the President has submitted to the appropriate congressional

committees a certification described in subsection (c) with respect

to such operation.

(c) CERTIFICATION.—The certification referred to in subsection

(b) is a certification by the President that— (1) members of the Armed Forces of the United States

are able to participate in the peacekeeping or peace enforcement

operation without risk of criminal prosecution or other assertion

of jurisdiction by the International Criminal Court because,

in authorizing the operation, the United Nations Security

Council permanently exempted, at a minimum, members of

the Armed Forces of the United States participating in the

operation from criminal prosecution or other assertion of jurisdiction by the International Criminal Court for actions undertaken by them in connection with the operation;

(2) members of the Armed Forces of the United States

are able to participate in the peacekeeping or peace enforcement

operation without risk of criminal prosecution or other assertion

of jurisdiction by the International Criminal Court because

each country in which members of the Armed Forces of the

United States participating in the operation will be present

either is not a party to the International Criminal Court and

has not invoked the jurisdiction of the International Criminal

Court pursuant to Article 12 of the Rome Statute, or has

entered into an agreement in accordance with Article 98 of

the Rome Statute preventing the International Criminal Court

from proceeding against members of the Armed Forces of the

United States present in that country; or

(3) the national interests of the United States justify

participation by members of the Armed Forces of the United

States in the peacekeeping or peace enforcement operation.

SEC. 2006. PROHIBITION ON DIRECT OR INDIRECT TRANSFER OF

CLASSIFIED NATIONAL SECURITY INFORMATION AND

LAW ENFORCEMENT INFORMATION TO THE INTERNATIONAL CRIMINAL COURT.

(a) IN GENERAL.—Not later than the date on which the Rome

Statute enters into force, the President shall ensure that appropriate procedures are in place to prevent the transfer of classified

national security information and law enforcement information to

the International Criminal Court for the purpose of facilitating

an investigation, apprehension, or prosecution.

(b) INDIRECT TRANSFER.—The procedures adopted pursuant to

subsection (a) shall be designed to prevent the transfer to the

United Nations and to the government of any country that is

22 USC 7425.

PUBLIC LAW 107–206—AUG. 2, 2002 116 STAT. 905

party to the International Criminal Court of classified national

security information and law enforcement information that specifically relates to matters known to be under investigation or prosecution by the International Criminal Court, except to the degree

that satisfactory assurances are received from the United Nations

or that government, as the case may be, that such information

will not be made available to the International Criminal Court

for the purpose of facilitating an investigation, apprehension, or

prosecution.

(c) CONSTRUCTION.—The provisions of this section shall not

be construed to prohibit any action permitted under section 2008.

SEC. 2007. PROHIBITION OF UNITED STATES MILITARY ASSISTANCE

TO PARTIES TO THE INTERNATIONAL CRIMINAL COURT.

(a) PROHIBITION OF MILITARY ASSISTANCE.—Subject to subsections (b) and (c), and effective 1 year after the date on which

the Rome Statute enters into force pursuant to Article 126 of

the Rome Statute, no United States military assistance may be

provided to the government of a country that is a party to the

International Criminal Court.

(b) NATIONAL INTEREST WAIVER.—The President may, without

prior notice to Congress, waive the prohibition of subsection (a)

with respect to a particular country if he determines and reports

to the appropriate congressional committees that it is important

to the national interest of the United States to waive such prohibition.

(c) ARTICLE 98 WAIVER.—The President may, without prior

notice to Congress, waive the prohibition of subsection (a) with

respect to a particular country if he determines and reports to

the appropriate congressional committees that such country has

entered into an agreement with the United States pursuant to

Article 98 of the Rome Statute preventing the International

Criminal court from proceeding against United States personnel

present in such country.

(d) EXEMPTION.—The prohibition of subsection (a) shall not

apply to the government of—

(1) a NATO member country;

(2) a major non-NATO ally (including Australia, Egypt,

Israel, Japan, Jordan, Argentina, the Republic of Korea, and

New Zealand); or

(3) Taiwan.

SEC. 2008. AUTHORITY TO FREE MEMBERS OF THE ARMED FORCES

OF THE UNITED STATES AND CERTAIN OTHER PERSONS

DETAINED OR IMPRISONED BY OR ON BEHALF OF THE

INTERNATIONAL CRIMINAL COURT.

(a) AUTHORITY.—The President is authorized to use all means

necessary and appropriate to bring about the release of any person

described in subsection (b) who is being detained or imprisoned

by, on behalf of, or at the request of the International Criminal

Court.

(b) PERSONS AUTHORIZED TO BE FREED.—The authority of subsection (a) shall extend to the following persons:

(1) Covered United States persons.

(2) Covered allied persons.

(3) Individuals detained or imprisoned for official actions

taken while the individual was a covered United States person

22 USC 7427.

22 USC 7426.

116 STAT. 906 PUBLIC LAW 107–206—AUG. 2, 2002

or a covered allied person, and in the case of a covered allied

person, upon the request of such government.

(c) AUTHORIZATION OF LEGAL ASSISTANCE.—When any person

described in subsection (b) is arrested, detained, investigated, prosecuted, or imprisoned by, on behalf of, or at the request of the

International Criminal Court, the President is authorized to direct

any agency of the United States Government to provide— (1) legal representation and other legal assistance to that

person (including, in the case of a person entitled to assistance

under section 1037 of title 10, United States Code, representation and other assistance in the manner provided in that section);

(2) exculpatory evidence on behalf of that person; and

(3) defense of the interests of the United States through

appearance before the International Criminal Court pursuant

to Article 18 or 19 of the Rome Statute, or before the courts

or tribunals of any country.

(d) BRIBES AND OTHER INDUCEMENTS NOT AUTHORIZED.—This

section does not authorize the payment of bribes or the provision

of other such incentives to induce the release of a person described

in subsection (b).

SEC. 2009. ALLIANCE COMMAND ARRANGEMENTS.

(a) REPORT ON ALLIANCE COMMAND ARRANGEMENTS.—Not later

than 6 months after the date of the enactment of this Act, the

President should transmit to the appropriate congressional committees a report with respect to each military alliance to which the

United States is party— (1) describing the degree to which members of the Armed

Forces of the United States may, in the context of military

operations undertaken by or pursuant to that alliance, be placed

under the command or operational control of foreign military

officers subject to the jurisdiction of the International Criminal

Court because they are nationals of a party to the International

Criminal Court; and

(2) evaluating the degree to which members of the Armed

Forces of the United States engaged in military operations

undertaken by or pursuant to that alliance may be exposed

to greater risks as a result of being placed under the command

or operational control of foreign military officers subject to

the jurisdiction of the International Criminal Court.

(b) DESCRIPTION OF MEASURES TO ACHIEVE ENHANCED PROTEC- TION 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

22 USC 7429.

Deadline.

Deadline.

22 USC 7428.

PUBLIC LAW 107–206—AUG. 2, 2002 116 STAT. 907

James W. Nance and Meg Donovan Foreign Relations Authorization

Act, Fiscal Years 2000 and 2001 (as enacted by section 1000(a)(7)

of Public Law 106–113; 113 Stat. 1501A–460), are authorized to

be transferred to the Embassy Security, Construction and Maintenance Account of the Department of State.

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

OF CONSTITUTIONAL AUTHORITIES.

(a) IN GENERAL.—Sections 2004 and 2006 shall not apply to

any action or actions with respect to a specific matter involving

the International Criminal Court taken or directed by the President

on a case-by-case basis in the exercise of the President’s authority

as Commander in Chief of the Armed Forces of the United States

under article II, section 2 of the United States Constitution or

in the exercise of the executive power under article II, section

1 of the United States Constitution.

(b) NOTIFICATION TO CONGRESS.—

(1) IN GENERAL.—Subject to paragraph (2), not later than

15 days after the President takes or directs an action or actions

described in subsection (a) that would otherwise be prohibited

under section 2004 or 2006, the President shall submit a

notification of such action to the appropriate congressional

committees. A notification under this paragraph shall include

a description of the action, a determination that the action

is in the national interest of the United States, and a justification for the action.

(2) EXCEPTION.—If the President determines that a full

notification under paragraph (1) could jeopardize the national

security of the United States or compromise a United States

law enforcement activity, not later than 15 days after the

President takes or directs an action or actions referred to

in paragraph (1) the President shall notify the appropriate

congressional committees that an action has been taken and

a determination has been made pursuant to this paragraph.

The President shall provide a full notification under paragraph

(1) not later than 15 days after the reasons for the determination under this paragraph no longer apply.

(c) CONSTRUCTION.—Nothing in this section shall be construed

as a grant of statutory authority to the President to take any

action.

SEC. 2012. NONDELEGATION.

The authorities vested in the President by sections 2003 and

2011(a) may not be delegated by the President pursuant to section

301 of title 3, United States Code, or any other provision of law.

The authority vested in the President by section 2005(c)(3) may

not be delegated by the President pursuant to section 301 of title

3, United States Code, or any other provision of law to any official

other than the Secretary of Defense, and if so delegated may not

be subdelegated.

SEC. 2013. DEFINITIONS.

As used in this title and in section 706 of the Admiral James

W. Nance and Meg Donovan Foreign Relations Authorization Act,

Fiscal Years 2000 and 2001:

(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term ‘‘appropriate congressional committees’’ means the Committee

22 USC 7432.

22 USC 7431.

Deadline.

Notification.

Deadline.

Notification.

President.

22 USC 7430.

116 STAT. 908 PUBLIC LAW 107–206—AUG. 2, 2002

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.

(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.

PUBLIC LAW 107–206—AUG. 2, 2002 116 STAT. 909

(10) PEACEKEEPING OPERATION UNDER CHAPTER VI OF THE

CHARTER OF THE UNITED NATIONS OR PEACE ENFORCEMENT OPER- ATION UNDER CHAPTER VII OF THE CHARTER OF THE UNITED

NATIONS.—The term ‘‘peacekeeping operation under chapter VI

of the charter of the United Nations or peace enforcement

operation under chapter VII of the charter of the United

Nations’’ means any military operation to maintain or restore

international peace and security that— (A) is authorized by the United Nations Security

Council under chapter VI or VII of the charter of the

United Nations; and

(B) is paid for from assessed contributions of United

Nations members that are made available for peacekeeping

or peace enforcement activities.

(11) ROME STATUTE.—The term ‘‘Rome Statute’’ means the

Rome Statute of the International Criminal Court, adopted

by the United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court

on July 17, 1998.

(12) SUPPORT.—The term ‘‘support’’ means assistance of

any kind, including financial support, transfer of property or

other material support, services, intelligence sharing, law

enforcement cooperation, the training or detail of personnel,

and the arrest or detention of individuals.

(13) UNITED STATES MILITARY ASSISTANCE.—The term ‘‘United States military assistance’’ means— (A) assistance provided under chapter 2 or 5 of part

II of the Foreign Assistance Act of 1961 (22 U.S.C. 2151

et seq.); or

(B) defense articles or defense services furnished with

the financial assistance of the United States Government,

including through loans and guarantees, under section 23

of the Arms Export Control Act (22 U.S.C. 2763).

SEC. 2014. REPEAL OF LIMITATION.

The Department of Defense Appropriations Act, 2002 (division

A of Public Law 107–117) is amended by striking section 8173.

SEC. 2015. ASSISTANCE TO INTERNATIONAL EFFORTS.

Nothing in this title shall prohibit the United States from

rendering assistance to international efforts to bring to justice

Saddam Hussein, Slobodan Milosovic, Osama bin Laden, other

members of Al Queda, leaders of Islamic Jihad, and other foreign

nationals accused of genocide, war crimes or crimes against

humanity.

TITLE III—OTHER MATTERS

SEC. 3001. AMENDMENTS TO THE CARIBBEAN BASIN ECONOMIC

RECOVERY ACT.

Section 213(b)(2)(A) of the Caribbean Basin Economic Recovery

Act (title II of Public Law 98–67; 19 U.S.C. 2703(b)(2)(A)) is

amended—

(1) in clause (i), by adding at the end the following: ‘‘Apparel articles shall qualify under the preceding sentence only if all dyeing, printing, and finishing of the fabrics

from which the articles are assembled, if the fabrics are

knit fabrics, is carried out in the United States. Apparel

22 USC 7433.

115 Stat. 2289.

116 STAT. 910 PUBLIC LAW 107–206—AUG. 2, 2002

articles shall qualify under the first sentence of this clause

only if all dyeing, printing, and finishing of the fabrics

from which the articles are assembled, if the fabrics are

woven fabrics, is carried out in the United States.’’; and

(2) in clause (ii), by adding at the end the following:

‘‘Apparel articles shall qualify under the preceding sentence only if all dyeing, printing, and finishing of the fabrics

from which the articles are assembled, if the fabrics are

knit fabrics, is carried out in the United States. Apparel

articles shall qualify under the first sentence of this clause

only if all dyeing, printing, and finishing of the fabrics

from which the articles are assembled, if the fabrics are

woven fabrics, is carried out in the United States.’’.

(b) ANDEAN TRADE PREFERENCE ACT.—Any duty free or other

preferential treatment provided under the Andean Trade Preference

Act to apparel articles assembled from fabric formed in the United

States shall apply to such articles only if all dyeing, printing,

and finishing of the fabrics from which the articles are assembled

if the fabrics are knit fabrics, is carried out in the United States.

Any duty-free or other preferential treatment provided under the

Andean Trade Preference Act to apparel articles assembled from

fabric formed in the United States shall apply to such articles

only if all dyeing, printing, and finishing of the fabrics from which

the articles are assembled if the fabrics are woven fabrics, is carried

out in the United States.

(c) EFFECTIVE DATE.—Subsection (b) and the amendments made

by subsection (a) shall take effect—

(1) 90 days after the date of the enactment of this Act,

or

(2) September 1, 2002,

whichever occurs first.

SEC. 3002. RURAL SERVICE IMPROVEMENT.

(a) SHORT TITLE.—This title may be cited as the ‘‘Rural Service

Improvement Act of 2002’’. (b) FINDINGS.—Congress makes the following findings:

(1) The State of Alaska is the largest State in the Union

and has a very limited system of roads connecting communities.

(2) Alaska has more pilots per capita than any other State

in the Union.

(3) Pilots flying in Alaska are often the most skilled and

best-prepared pilots in the world.

(4) Air travel within the State of Alaska is often hampered

by severe weather conditions and treacherous terrain.

(5) The United States Government owns nearly 2⁄3 of

Alaska’s landmass, including large tracts of land separating

isolated communities within the State.

(6) Such Federal ownership has inhibited the ability of

Alaskans to build roads connecting isolated communities.

(7) Most communities and a large portion of the population

within the State can only be reached by air.

(8) The vast majority of food items and everyday necessities

destined for these isolated communities and populations can

only be transported through the air.

(9) The Intra-Alaska Bypass Mail system, created by Congress and operated by the United States Postal Service under

section 5402 of title 39, United States Code, with input from

39 USC 5402

note.

39 USC 101 note.

Rural Service

Improvement Act

of 2002.

Alaska.

Postal service.

19 USC 2703

note.

19 USC 3203

note.

PUBLIC LAW 107–206—AUG. 2, 2002 116 STAT. 911

the Department of Transportation, connecting hundreds of rural

and isolated communities within the State, is a critical piece

of the Alaska and the national transportation system. The

system is like a 4-legged stool, designed to—

(A) provide the most affordable means of delivering

food and everyday necessities to these rural and isolated

communities;

(B) establish a system whereby the Postal Service can

meet its obligations to deliver mail to every house and

business in the United States;

(C) support affordable and reliable passenger service;

and

(D) support affordable and reliable nonmail freight

service.

(10) Without the Intra-Alaska Bypass Mail system—

(A) it would be difficult and more expensive for the

Postal Service to meet its obligation of delivering mail

to every house and business in the United States; and

(B) food, medicine, freight, and everyday necessities

and passenger service for these rural and isolated communities would cost several times the current level.

(11) Attempts by Congress to support passenger and

nonmail freight service in Alaska using the Intra-Alaska Bypass

Mail system have yielded some positive results, but some carriers have been manipulating the system by carrying few, if

any, passengers and little nonmail freight while earning most

of their revenues from the carriage of nonpriority bypass mail.

(12) As long as the Federal Government continues to own

large tracts of land within the State of Alaska which impede

access to isolated communities, it is in the best interest of

the Postal Service, the residents of Alaska and the United

States—

(A) to ensure that the Intra-Alaska Bypass Mail system

remains strong, viable, and affordable for the Postal

Service;

(B) to ensure that residents of rural and isolated

communities in Alaska continue to have affordable, reliable,

and safe passenger service;

(C) to ensure that residents of rural and isolated

communities in Alaska continue to have affordable, reliable,

and safe nonmail freight service;

(D) to encourage that intra-Alaska air carriers move

toward safer, more secure, and more reliable air transportation under the Federal Aviation Administration’s guidelines and in accordance with part 121 of title 14, Code

of Federal Regulations, where such operations are supported by the needs of the community; and

(E) that Congress, pursuant to the authority granted

under Article I, section 8 of the United States Constitution

to establish Post Offices and post roads, make changes

to ensure that the Intra-Alaska Bypass Mail system continues to be used to support substantial passenger and

nonmail freight service and to reduce costs for the Postal

Service.

(c) SELECTION OF CARRIERS OF NONPRIORITY BYPASS MAIL TO

CERTAIN POINTS IN ALASKA.—

116 STAT. 912 PUBLIC LAW 107–206—AUG. 2, 2002

(1) DEFINITIONS.—Section 5402 of title 39, United States

Code, is amended— (A) by striking subsection (e);

(B) by redesignating subsections (a) through (d) as

subsections (b) through (e), respectively; and

(C) by inserting before subsection (b), as redesignated,

the following:

‘‘(a) In this section—

‘‘(1) the term ‘acceptance point’ means the point at which

nonpriority bypass mail originates;

‘‘(2) the terms ‘air carrier’, ‘interstate air transportation’,

and ‘foreign air transportation’ have the meanings given such

terms in section 40102(a) of title 49, United States Code;

‘‘(3) the term ‘base fare’ means the fare paid to the carrier

issuing the passenger ticket or carrying nonmail freight which

may entail service being provided by more than 1 carrier;

‘‘(4) the term ‘bush carrier’ means a carrier operating aircraft certificated within the payload capacity requirements of

subsection (g)(1)(D)(i) on a city pair route;

‘‘(5) the term ‘bush passenger carrier’ means a passenger

carrier that meets the requirements of subsection (g)(1)(D)(i)

and provides passenger service on a city pair route;

‘‘(6) the term ‘bush route’ means an air route in which

only a bush carrier is tendered nonpriority bypass mail between

the origination point, being either an acceptance point or a

hub, as determined by the Postal Service, and the destination

city;

‘‘(7) the term ‘city pair’ means service between an origin

and destination city pair;

‘‘(8) the term ‘composite rate’—

‘‘(A) means a combination of mainline and bush rates

paid to a bush carrier for a direct flight from an acceptance

point to a bush destination beyond a hub point; and

‘‘(B) shall be based on the mainline rate paid to the

hub, plus the lowest bush rate paid to bush carriers in

the State of Alaska for the distance traveled from the

hub point to the destination point;

‘‘(9) the term ‘equitable tender’ means the practice of the

Postal Service of equitably distributing mail on a fair and

reasonable basis between those air carriers that offer equivalent

services and costs between 2 communities in accordance with

the regulations of the Postal Service;

‘‘(10) the term ‘existing mainline carrier’ means a mainline

carrier (as defined in this subsection) that on January 1, 2001,

was—

‘‘(A) certified under part 121;

‘‘(B) qualified to provide mainline nonpriority bypass

mail service; and

‘‘(C) actually engaged in the carriage of mainline nonpriority bypass mail through scheduled service in the State

of Alaska;

‘‘(11) the term ‘mainline carrier’ means a carrier operating

aircraft under part 121 and certificated within the payload

capacity requirements of subsection (g)(1)(D)(ii) on a given city

pair route;

‘‘(12) the term ‘mainline route’ means a city pair in which

a mainline carrier is tendered nonpriority bypass mail;

PUBLIC LAW 107–206—AUG. 2, 2002 116 STAT. 913

‘‘(13) the term ‘new’, when referencing a carrier, means

a carrier that—

‘‘(A) meets the respective requirements of clause (i)

or (ii) of subsection (g)(1)(D), depending on the type of

route being served and the size of aircraft being used

to provide service; and

‘‘(B) began providing nonpriority bypass mail service

on a city pair route in the State of Alaska after January

1, 2001;

‘‘(14) the term ‘part 121’ means part 121 of title 14, Code

of Federal Regulations;

‘‘(15) the term ‘part 135’ means part 135 of title 14, Code

of Federal Regulations;

‘‘(16) the term ‘scheduled service’ means—

‘‘(A) flights are operated in common carriage available

to the general public under a published schedule;

‘‘(B) flight schedules are announced in advance in systems specified by the Postal Service, in addition to the

Official Airline Guide or the air cargo equivalent of that

Guide;

‘‘(C) flights depart whether full or not; and

‘‘(D) customers contract for carriage separately on a

regular basis;

‘‘(17) the term ‘Secretary’ means the Secretary of Transportation;

‘‘(18) the term ‘121 bush passenger carrier’ means a bush

passenger carrier providing passenger service on bush routes

under part 121;

‘‘(19) the term ‘121 mainline passenger carrier’ means a

mainline carrier providing passenger service through scheduled

service on routes under part 121;

‘‘(20) the term ‘121 passenger aircraft’ means an aircraft

flying passengers on a city pair route that is operated under

part 121;

‘‘(21) the term ‘121 passenger carrier’ means a passenger

carrier that provides scheduled service under part 121;

‘‘(22) the term ‘135 bush passenger carrier’ means a bush

passenger carrier providing passenger service through scheduled service on bush routes under part 135; and

‘‘(23) the term ‘135 passenger carrier’ means a passenger

carrier that provides scheduled service under part 135.’’.

(2) REQUIREMENTS FOR SELECTION.—Section 5402(g)(1) of

title 39, United States Code, is amended—

(A) in the matter preceding subparagraph (A), by

inserting after ‘‘in the State of Alaska,’’ the following: ‘‘shall

adhere to an equitable tender policy within a qualified

group of carriers, in accordance with the regulations of

the Postal Service, and’’;

(B) in subparagraph (C) by striking ‘‘to the best’’ and

all that follows before the semicolon; and

(C) in subparagraph (D) by inserting ‘‘with at least

3 scheduled (noncontract) flights per week between two

points’’ after ‘‘scheduled service’’.

(3) APPLICATION OF RATES.—Section 5402(g)(2) of title 39,

United States Code, is amended—

(A) by striking ‘‘and’’ at the end of subparagraph (A);

116 STAT. 914 PUBLIC LAW 107–206—AUG. 2, 2002

(B) by striking the period at the end of subparagraph

(B) and inserting a semicolon; and

(C) by adding at the end the following:

‘‘(C) shall offer a bush passenger carrier providing service

on a route in the State of Alaska between an acceptance point

and a hub not served by a mainline carrier the opportunity

to receive equitable tender of nonpriority bypass mail at mainline service rates when a mainline carrier begins serving that

route if the bush passenger carrier—

‘‘(i) meets the requirements of paragraph (1);

‘‘(ii) provided at least 20 percent of the passenger

service (as calculated in subsection (h)(5)) between such

city pair for the 6 months immediately preceding the date

on which the bush carrier seeks such tender; and

‘‘(iii) continues to provide not less than 20 percent

of the passenger service on the city pair while seeking

such tender;

‘‘(D) shall offer bush passenger carriers and nonmail freight

carriers the opportunity to receive equitable tender of nonpriority bypass mail at mainline service rates from a hub point

to a destination city in the State of Alaska if the city pair

is also being served by a mainline carrier and—

‘‘(i) for a passenger carrier—

‘‘(I) the carrier meets the requirements of paragraph (1);

‘‘(II) the carrier provided at least 20 percent of

the passenger service (as calculated in subsection

(h)(5)) on the city pair route for the 6 months immediately preceding the date on which the carrier seeks

such tender; and

‘‘(III) the carrier continues to provide not less than

20 percent of the passenger service on the route; or

‘‘(ii) for a nonmail freight carrier—

‘‘(I) the carrier meets the requirements of paragraph (1); and

‘‘(II) the carrier provided at least 25 percent of

the nonmail freight service (as calculated in subsection

(i)(6)) on the city pair route for the 6 months immediately preceding the date on which the carrier seeks

such tender;

‘‘(E)(i) shall not offer equitable tender of nonpriority mainline bypass mail at mainline rates to a bush carrier operating

from an acceptance point to a hub point in the State of Alaska,

except as described in subparagraph (C); and

‘‘(ii) may tender nonpriority bypass mail at bush rates

to a bush carrier from an acceptance point to a hub point

in the State of Alaska if the Postal Service determines that—

‘‘(I) the bush carrier meets the requirements of paragraph (1);

‘‘(II) the service to be provided on such route by the

bush carrier is not otherwise available through direct mainline service; and

‘‘(III) tender of mail to such bush carrier will not

decrease the efficiency of nonpriority bypass mail service

(in terms of payments to all carriers providing service

on the city pair route and timely delivery) for the route;

PUBLIC LAW 107–206—AUG. 2, 2002 116 STAT. 915

‘‘(F) may offer tender of nonpriority bypass mail to a passenger carrier from an acceptance point to a destination city

beyond a hub point in the State of Alaska at a composite

rate if the Postal Service determines that—

‘‘(i) the carrier provides passenger service in accordance

with the requirements of subsection (h)(2);

‘‘(ii) the carrier qualifies under subsection (h) to be

tendered nonpriority bypass mail out of the hub point

being bypassed;

‘‘(iii) the tender of such mail will not decrease efficiency

of delivery of nonpriority bypass mail service into or out

of the hub point being bypassed; and

‘‘(iv) such tender will result in reduced payments to

the carrier by the Postal Service over flying the entire

route; and

‘‘(G) notwithstanding subparagraph (F), shall offer equitable tender of nonpriority bypass mail in proportion to passenger and nonmail freight mail pools described in this section

between qualified passenger and nonmail freight carriers on

a route from an acceptance point to a bush destination in

the State of Alaska at a composite rate if—

‘‘(i)(I) for a passenger carrier, the carrier receiving

the composite rate provided 20 percent of the passenger

service on the city pair route for the 12 months immediately

preceding the date on which the carrier seeks tender of

such mail; or

‘‘(II) for a nonmail freight carrier, the carrier receiving

the composite rate provided at least 25 percent of the

nonmail freight service for the 12 months immediately

preceding the date on which the carrier seeks tender of

such mail; and

‘‘(ii)(I) nonpriority bypass mail was being tendered to

a passenger carrier or a nonmail freight carrier at a composite rate on such city pair route on January 1, 2000;

or

‘‘(II) the hub being bypassed was not served by a

mainline carrier on January 1, 2000.

The tender of nonpriority bypass mail under subparagraph (G)

shall be on an equitable basis between the qualified carriers that

provide the direct service on the city pair route and the qualified

carriers that provide service between the hub point being bypassed

and the destination point, based on the volume of nonpriority bypass

mail on both routes.’’.

(4) SELECTION OF CARRIERS TO HUB POINTS.—Section

5402(g) of title 39, United States Code, is amended by adding

at the end the following:

‘‘(4)(A) Except as provided under subparagraph (B) and paragraph (5), the Postal Service shall select only existing mainline

carriers to provide nonpriority bypass mail service between an

acceptance point and a hub point in the State of Alaska.

‘‘(B) The Postal Service may select a carrier other than an

existing mainline carrier to provide nonpriority bypass mail service

on a mainline route in the State of Alaska if—

‘‘(i) the Postal Service determines (in accordance with criteria established in advance by the Postal Service) that the

mail service between the acceptance point and the hub point

116 STAT. 916 PUBLIC LAW 107–206—AUG. 2, 2002

is deficient and provides written notice of the determination

to existing mainline carriers to the hub point; and ‘‘(ii) after the 30-day period following issuance of notice

under clause (i), including notice of inadequate capacity, the

Postal Service determines that deficiencies in service to the

hub point have not been eliminated.

‘‘(5)(A) The Postal Service shall offer equitable tender of nonpriority bypass mail to a new 121 mainline passenger carrier entering

a mainline route in the State of Alaska, if the carrier—

‘‘(i) meets the requirements of subsection (g)(1)(D)(ii); and

‘‘(ii) has provided at least 75 percent of the number of

insured passenger seats as the number of available passenger

seats being provided by the mainline passenger carrier providing the greatest number of available passenger seats on

that route for the 6 months immediately preceding the date

on which the carrier seeks tender of such mail.

‘‘(B) A new 121 mainline passenger carrier that is tendered

nonpriority mainline bypass mail under subparagraph (A)—

‘‘(i) shall be eligible for equitable tender of such mail only

on city pair routes where the carrier meets the conditions

of subparagraph (A);

‘‘(ii) may not count the passenger service provided under

subparagraph (A) toward the carrier meeting the minimum

requirements of this section; and

‘‘(iii) shall provide at least 20 percent of the passenger

service (as determined for bush passenger carriers in subsection

(h)(5)) on such route to remain eligible to be tendered nonpriority mainline bypass mail.

‘‘(C) Notwithstanding subparagraph (A) and paragraph (1)(B),

a new 121 mainline passenger carrier, otherwise qualified under

this subsection, may immediately receive equitable tender of nonpriority mainline bypass mail to a hub point in the State of Alaska

if the carrier meets the requirements of subparagraphs (A), (C),

and (D) of paragraph (1) and subsection (h)(2)(B) and—

‘‘(i) all qualified 121 mainline passenger carriers discontinue service on the city pair route; or

‘‘(ii) no 121 mainline passenger carrier serves the city pair

route.

‘‘(D) A carrier operating under a code share agreement on

the date of enactment of the Rural Service Improvement Act of

2002 that received tender of nonpriority mainline bypass mail on

a city pair route in the State of Alaska may count the passenger

service provided under the entire code share arrangement on such

route if the code share agreement terminates. That carrier shall

continue to provide at least 20 percent of the passenger service

(as determined for bush passenger carriers in subsection (h)(5))

between the city pair as a 121 mainline passenger carrier while

seeking such tender.

‘‘(6)(A) Notwithstanding paragraph (1)(B), passenger carriers

providing essential air service under a Department of Transportation order issued under subchapter II of chapter 417 of title

49, United States Code, shall be tendered all nonpriority mail,

in addition to all nonpriority bypass mail, by the Postal Service

to destination cities in the State of Alaska served by the essential

air service flights consistent with that order unless the Postal

Service finds that an essential air service carrier’s service does

not meet the needs of the Postal Service.

PUBLIC LAW 107–206—AUG. 2, 2002 116 STAT. 917

‘‘(B) Service provided under this paragraph, including service

provided to points served in conjunction with service being subsidized under the Essential Air Service contract, may not be applied

toward any of the minimum eligibility requirements of this section.’’.

(5) SELECTION OF CARRIERS TO BUSH POINTS.—Section 5402

of title 39, United States Code, is amended by adding at the

end the following:

‘‘(h)(1) Except as provided under paragraph (7), on a city pair

route in the State of Alaska, the Postal Service shall offer equitable

tender of 70 percent of the nonpriority bypass mail on the route

to all carriers providing scheduled passenger service in accordance

with part 121 or part 135 that— ‘‘(A) meet the requirements of subsection (g)(1);

‘‘(B) provided 20 percent or more of the passenger service

(as calculated in paragraph (5)) between the city pair for the

12 months preceding the date on which the 121 passenger

aircraft or the 135 passenger carrier seek tender of nonpriority

bypass mail; and ‘‘(C) meet the requirements of paragraph (2). ‘‘(2) To remain eligible for equitable tender under this subsection, the carrier or aircraft shall— ‘‘(A) continue to provide not less than 20 percent of the

passenger service on the city pair route for which the carrier

is seeking the tender of such nonpriority bypass mail; ‘‘(B)(i) for operations under part 121, operate aircraft type

certificated to carry at least 19 passengers; ‘‘(ii) for operations under part 135, operate aircraft type

certificated to carry at least 5 passengers; or

‘‘(iii) for operations under part 135 where only a water

landing is available, operate aircraft type certificated to carry

at least 3 passengers;

‘‘(C) insure all available passenger seats on the city pair

route on which the carrier seeks tender of such mail; and

‘‘(D) operate flights under its published schedule.

‘‘(3)(A) Except as provided under subparagraph (E), if a 135

passenger carrier serves a city pair route in the State of Alaska

and meets the requirements of paragraph (1) or (2) when a 121

passenger carrier becomes qualified to be tendered nonpriority

bypass mail on such route with a 121 passenger aircraft in accordance with paragraphs (1) and (2), the qualifying 135 passenger

carriers on that route shall convert to operations with a 121 passenger aircraft within 5 years after the 121 passenger aircraft

begins receiving tender on that route in order to remain eligible

for equitable tender under paragraph (1). The 135 carrier shall—

‘‘(i) begin the process of conversion not later than 2 years

after the 121 passenger aircraft begins carrying nonpriority

bypass mail on that route; and

‘‘(ii) submit a part 121 compliance statement not later

than 4 years after the 121 passenger aircraft begins carrying

nonpriority bypass mail on that route.

‘‘(B) Completion of conversion under subparagraph (A) shall

not be required if all 121 passenger carriers discontinue the carriage

of nonpriority bypass mail with 121 passenger aircraft on the city

pair route.

‘‘(C) Any qualified carrier operating in the State of Alaska

under this section may request a waiver from subparagraph (A).

Such a request, at the discretion of the Secretary, may be granted

116 STAT. 918 PUBLIC LAW 107–206—AUG. 2, 2002

for good cause shown. The requesting party shall state the basis

for such a waiver.

‘‘(D) If after 6 years and 3 months following the date of enactment of the Rural Service Improvement Act of 2002, a 135 passenger

carrier is providing service on a city pair route in the State of

Alaska and a 121 passenger aircraft becomes eligible to receive

tender of nonpriority bypass mail on the route, that 135 passenger

carrier shall convert to operations under part 121 within 12 months

of the 121 passenger carrier being tendered nonpriority bypass

mail. The Postal Service shall not continue the tender of nonpriority

bypass mail to a 135 passenger carrier that fails to convert to

part 121 operations within 12 months after the 121 passenger

carrier being tendered such mail under this paragraph.

‘‘(E) Notwithstanding the requirements of this subsection, if

only 1 passenger carrier or aircraft is qualified to be tendered

nonpriority bypass mail as a passenger carrier or aircraft on a

city pair route in the State of Alaska, the Postal Service shall

tender 20 percent of the nonpriority bypass mail described under

paragraph (1) to the passenger carrier or aircraft providing the

next highest level of passenger service on such route.

‘‘(4) Qualification for the tender of mail under this subsection

shall not be counted toward the minimum qualifications necessary

to be tendered nonpriority bypass mail on any other route.

‘‘(5)(A)(i) In this section, the percent of passenger service shall

be a percentage calculated using data collected under subsection

(k).

‘‘(ii) To ensure accurate reporting of market share the Postal

Service shall compare the resulting percentage under clause (i)

to the lesser of—

‘‘(I) the amount of the passenger excise tax paid by or

on behalf of a carrier, as determined by reviewing the collected

amount of base fares for passengers actually flown by a carrier

from the origination point to the destination point, divided

by the value of the total passenger excise taxes, as determined

by reviewing the collected amount of base fares paid by or

on behalf of all passenger carriers providing service from the

hub point to the bush destination point; or

‘‘(II) the amount of half of the passenger excise tax paid

by or on behalf of a carrier, as determined by reviewing the

collected amount of base fares for passengers actually flown

by a carrier on the city pair route, divided by the value of

the total passenger excise taxes, as determined by reviewing

the collected amount of base fares paid by or on behalf of

all passenger carriers providing service between the origination

point and the destination point.

‘‘(B) For the purposes of calculating passenger service as

described under subparagraph (A), a bush passenger carrier providing intervillage bush passenger service may include the carriage

of passengers carried along any point of the route between the

route’s origination point and the final destination point. Such calculation shall be based only on the carriage of passengers on regularly scheduled flights and only on flights being flown in a direction

away from the hub point. Passenger service provided on chartered

flights shall not be included in the carrier’s calculation of passenger

service.

PUBLIC LAW 107–206—AUG. 2, 2002 116 STAT. 919

‘‘(6)(A) The Secretary shall establish new bush rates for passenger carriers operating in the State of Alaska receiving tender

of nonpriority bypass mail under this subsection. ‘‘(B) The Secretary shall establish a bush rate based on data

collected under subsection (k) from 121 bush passenger carriers.

Such rates shall be paid to all bush passenger carriers operating

on city pair routes in the State of Alaska where a 121 bush passenger carrier is tendered nonpriority bypass mail.

‘‘(C) The Secretary shall establish a bush rate based on data

collected under subsection (k) from 135 bush passenger carriers.

Such rates shall be paid to all bush passenger carriers operating

on bush city pair routes in the State of Alaska where no 121

bush passenger carrier is tendered nonpriority bypass mail.

‘‘(D) The Secretary shall establish a bush rate based on data

collected under subsection (k) from bush passenger carriers operating aircraft on city pair routes where only water landings are

available. Such rates shall be paid to all bush passenger carriers

operating on the city pair routes in the State of Alaska where

only water landings are available.

‘‘(7) The percentage rate in paragraph (1) shall be 75 percent

beginning 3 years and 3 months after the date of enactment of

the Rural Service Improvement Act of 2002.

‘‘(i)(1) Except as provided under paragraph (7), on a city pair

route in the State of Alaska, the Postal Service shall offer equitable

tender of 20 percent of the nonpriority bypass mail on such route

to those carriers transporting 25 percent or more of the total

nonmail freight (in revenue or weight as determined by the Postal

Service), for the 12 months immediately preceding the date on

which the freight carrier seeks tender of such mail.

‘‘(2) To remain eligible for equitable tender under this subsection, a freight carrier shall continue to provide not less than

25 percent of the nonmail freight service on the city pair route

for which the carrier is seeking tender of such mail.

‘‘(3) If a new freight carrier enters a market, the freight carrier

shall meet the minimum requirements of subsection (g)(1) and

shall operate for 12 months on a city pair route in the State

of Alaska before being eligible for equitable tender of nonpriority

bypass mail on that route.

‘‘(4) If no carrier qualifies for tender of nonpriority bypass

mail on a city pair route in the State of Alaska under this subsection, such mail to be divided under this subsection, as described

in paragraph (1), shall be tendered to the nonmail freight carrier

providing the highest percentage of nonmail freight service (in

terms of revenue or weight as determined by the Postal Service

as calculated under paragraph (6)) on the city pair route. If no

nonmail freight carrier is present on a city pair route in the State

of Alaska to receive tender of nonpriority bypass mail under this

paragraph, the nonpriority bypass mail to be divided under paragraph (1) shall be divided equitably among carriers qualified under

subsection (h).

‘‘(5) Qualification for the tender of mail under this subsection

shall not be counted toward the minimum qualifications necessary

to be tendered nonpriority bypass mail on any other route.

‘‘(6)(A) In this subsection, the percent of nonmail freight shall

be calculated as a percentage, using the data provided pursuant

to subsection (k), by dividing the revenue or weight (as determined

by the Postal Service) of nonmail freight earned by or carried

116 STAT. 920 PUBLIC LAW 107–206—AUG. 2, 2002

by a carrier from the transport of nonmail freight from an origination point to a destination point by the total amount of revenue

or weight of nonmail freight earned by or carried by all carriers

from the transport of nonmail freight from the origination point

to the destination point.

‘‘(B) To ensure accurate reporting of market share the Postal

Service shall compare the resulting percentage under subparagraph

(A) to the lesser of—

‘‘(i) the amount of the freight excise tax paid by or on

behalf of a carrier, as determined by reviewing the collected

amount of base fares for nonmail freight actually flown by

a carrier from the origination point to the destination point,

divided by the value of the total nonmail freight excise taxes,

as determined by reviewing the collected amount of base fares

paid by or on behalf of all nonmail freight carriers providing

service from the origination point to the destination point;

or

‘‘(ii) the amount of half of the nonmail freight excise tax

paid by or on behalf of a carrier, as determined by reviewing

the collected amount of base fares for nonmail freight actually

flown by a carrier on the city pair route, divided by the value

of the total nonmail freight excise taxes, as determined by

reviewing the collected amount of base fares paid by or on

behalf of all nonmail freight carriers providing service on the

city pair route.

‘‘(7) The percentage rate in paragraph (1) shall be 25 percent

beginning 3 years and 3 months after the date of enactment of

the Rural Service Improvement Act of 2002.

‘‘(j)(1) Except as provided by paragraph (3), there shall be

equitable tender of 10 percent of the nonpriority bypass mail to

all carriers on each city pair route in the State of Alaska meeting

the requirements of subsection (g)(1) that do not otherwise qualify

for tender under subsection (h) or (i).

‘‘(2) If no carrier qualifies under this subsection with respect

to a city pair route, the 10 percent of nonpriority bypass mail

allocated under paragraph (1) shall be divided evenly between the

pools described under subsections (h) and (i) to be equitably tendered among qualified carriers under such subsections, such that—

‘‘(A) the amount of nonpriority bypass mail available for

tender among qualified carriers under subsection (h) shall be

75 percent; and

‘‘(B) the amount of nonpriority bypass mail available for

tender among qualified carriers under subsection (i) shall be

25 percent.

‘‘(3)(A) Except as provided by subparagraph (B), the percentage

rate under paragraph (1) shall be 0 percent beginning 3 years

and 3 months after the date of enactment of the Rural Service

Improvement Act of 2002.

‘‘(B) The percentage rate under paragraph (1) shall remain

10 percent for equitable tender for 6 years and 3 months after

the date of enactment of the Rural Service Improvement Act of

2002 for a nonpriority bypass mail carrier on bush routes in the

State of Alaska originating from the main hub of the carrier designated under subparagraph (C), if the carrier seeking the tender

of such mail—

‘‘(i) meets the requirements of subsection (g)(1);

‘‘(ii) is not qualified under subsection (h) or (i);

PUBLIC LAW 107–206—AUG. 2, 2002 116 STAT. 921

‘‘(iii) operates routes originating from the main hub of

the carrier designated under subparagraph (C); and ‘‘(iv) has invested at least $500,000 in a physical hanger

facility prior to January 1, 2002 in such a hub city.

‘‘(C) For purposes of subparagraph (B), a carrier may designate

only one hub city as its main hub and once such designation

is transmitted to the Postal Service it may not be changed. Such

selection and transmission must be transmitted to the Postal

Service within 6 months of the date of enactment of the Rural

Service Improvement Act of 2002. A carrier attempting to receive

tender of nonpriority bypass mail under this subsection shall not

be eligible for such tender after the carrier becomes qualified for

tender of nonpriority bypass mail under subsection (h) or (i) on

any route. The purchase of another carrier’s hanger facility after

such date of enactment shall not be considered sufficient to meet

the requirement of subparagraph (B)(iv).

‘‘(k)(1) At least once every 2 years, in conjunction with annual

updates, the Secretary shall review the need for a bush mail rate

investigation. The Secretary shall use show cause procedures to

speedily and more accurately determine the cost of providing bush

mail service. In determining such rates, the Secretary shall not

take into account the cost of passenger insurance rates or premiums

paid by the passenger carriers or other costs associated with passenger service.

‘‘(2) In order to ensure sufficient, reliable, and timely traffic

data to meet the requirements of this subsection, the Secretary

shall require—

‘‘(A) the monthly submission of the bush carrier’s data

on T–100 diskettes, or any other suitable form of data collection,

as determined by the Secretary; and

‘‘(B) the carriers to retain all books, records, and other

source and summary documentation to support their reports

and to preserve and maintain such documentation in a manner

that readily permits the audit and examination by representatives of the Postal Service or the Secretary.

‘‘(3) Documentation under paragraph (2) shall be retained for

7 years or until the Secretary indicates that the records may be

destroyed. Copies of flight logs for aircraft sold or disposed of

shall be retained.

‘‘(4) Carriers qualified to be tendered nonpriority bypass mail

shall submit to the Secretary the number and type of aircraft

in the carrier’s fleet, the level of passenger insurance covering

its fleet, and the name of the insurance company providing such

coverage.

‘‘(5) 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).

Deadline.

116 STAT. 922 PUBLIC LAW 107–206—AUG. 2, 2002

‘‘(2) A carrier shall be tendered nonpriority bypass mail under

subsection (i) if that carrier— ‘‘(A) was qualified under both subsections (h) and (i)

simultaneously; and

‘‘(B) becomes unqualified under subsection (h) but remains

qualified under subsection (i).

‘‘(n)(1) A carrier operation resulting from a merger or acquisition between any 2 carriers operating between points in the State

of Alaska shall have the passenger and nonmail freight of all

such merged or acquired carriers on the applicable route counted

toward meeting the resulting carrier’s minimum requirements to

receive equitable tender of nonpriority bypass mail on such route

for the 12-month period following the date of the merger or acquisition.

‘‘(2) After the 12-month period described under paragraph (1),

the carrier resulting from the merger or acquisition shall demonstrate that the carrier meets the minimum passenger or nonmail

freight carriage requirements of this section to continue receiving

tender of such mail.

‘‘(o) In addition to any penalties applied to a carrier by the

Federal Aviation Administration or the Secretary, any carrier that

significantly misstates passenger or nonmail freight data required

to be reported under this section on any route, in an attempt

to qualify for tender of nonpriority bypass mail, shall receive—

‘‘(1) a 1-month suspension of tender of nonpriority bypass

mail on the route where the data was misstated for the first

offense;

‘‘(2) a 6-month suspension of tender of nonpriority bypass

mail on the route where the data was misstated for the second

offense;

‘‘(3) a 1-year suspension of tender of all nonpriority bypass

mail in the entire State of Alaska for the third offense in

the State; and

‘‘(4) a permanent suspension of tender of all nonpriority

bypass mail in the entire State of Alaska for the fourth offense

in the State.

‘‘(p)(1) The Postal Service or the Secretary, in carrying out

subsection (g)(2), (h), or (i), may deny equitable tender to an otherwise qualified carrier that does not operate under this section

in good faith or under the intent of this section.

‘‘(2) The Postal Service or the Secretary may waive any provision of subsection (h) or (i), if the carrier provides substantial

passenger or nonmail freight service on the route in the State

of Alaska where the carrier seeks tender of nonpriority mail and

nonpriority bypass mail.

‘‘(3) To ensure adequate competition among passenger carriers

on a mainline route in the State of Alaska the Postal Service

or the Secretary may waive the requirements of subsection (g)(1)(D),

(g)(2)(E), (g)(4), or (g)(5), or any provision of subsection (h) if a

121 bush passenger carrier seeks tender of nonpriority bypass mail

on a mainline route in the State of Alaska not served by a 121

mainline passenger carrier and the 121 bush passenger carrier

provides substantial passenger service on the route. Waivers provided for under this paragraph shall be granted only in extreme

cases of lack of competition and only to extent that are absolutely

necessary to meet the minimum needs of the community. Waivers

granted under this subsection shall cease to be valid once a qualified

PUBLIC LAW 107–206—AUG. 2, 2002 116 STAT. 923

mainline passenger carrier begins providing service and seeks

tender of nonpriority bypass mail in accordance with this section

on the city pair route. The receipt of waivers and subsequent

operation of service on a city pair route under this subsection

shall not be counted towards meeting the requirements of any

part of this section for any other city pair route.

‘‘(4) In granting waivers for or denying tender to carriers under

this subsection, the Postal Service or the Secretary shall consider

in the following order of importance—

‘‘(A) the passenger needs of the destination to be served

(including amount and level);

‘‘(B) the nonmail freight needs of the destination to be

served;

‘‘(C) the amount of nonpriority bypass mail service already

available to the destination;

‘‘(D) the mail needs of the destination to be served;

‘‘(E) the savings to the Postal Service in terms of payments

made to carriers;

‘‘(F) the amount or level of passenger service already available to the destination; and

‘‘(G) the amount of nonmail freight service already available

to the destination.

‘‘(q) The Secretary shall make a regular review of carriers

receiving, or attempting to qualify to receive, equitable tender of

nonpriority bypass mail on a city pair route in the State of Alaska.

If the Secretary suspends or revokes an operating certificate, the

Secretary shall notify the Postal Service. Upon such notification,

the Postal Service shall cease tender of mail to such carrier until

the Secretary certifies the carrier is operating in a safe manner.

Upon such receipt, the carrier shall demonstrate that it otherwise

meets the minimum carriage requirements of this section before

being tendered mail under this section.

‘‘(r) The Postal Service shall have the authority to tender nonpriority bypass mail to any carrier that meets the requirements

of subsection (g)(1) on any city pair route in the State of Alaska

on an emergency basis. Such emergency tender shall cease when

a carrier qualifies for tender on such route under the terms of

this section.

‘‘(s) Notwithstanding any other provision of law, and except

for written contracts authorized under subsections (b), (c) and (d),

tender by the Postal Service of any category of mail to a carrier

for transportation between any two points in the State of Alaska

shall not give rise to any contract between the Postal Service

and a carrier, nor shall any such carrier acquire any right in

continued or future tender of such mail by virtue of past or present

receipt of such mail. This subsection shall apply to any case commenced before, on, or after the date of enactment of this subsection.’’.

(d) ACTIONS 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.

39 USC 5402

note.

116 STAT. 924 PUBLIC LAW 107–206—AUG. 2, 2002

(e) TECHNICAL AND CONFORMING AMENDMENTS.—

(1) TITLE 39.—Section 5402 of title 39, United States Code,

is amended—

(A) in subsections (b) through (e) (as redesignated by

this title) and subsection (f) by striking ‘‘Secretary of

Transportation’’ each place it appears and inserting ‘‘Secretary’’; and

(B) in subsection (f)—

(i) by striking ‘‘subsections (a), (b), and (c)’’ and

inserting ‘‘subsections (b), (c), and (d)’’; and

(ii) by striking ‘‘subsection (d)’’ and inserting ‘‘subsection (e)’’.

(2) TITLE 49.—Section 41901(a) of title 49, United States

Code, is amended by striking ‘‘5402(d)’’ and inserting ‘‘5402(e)’’.

(f) REPORTS TO CONGRESS.—Not later than 18 months after

the date of enactment of this Act, the Postal Service and the

Secretary of Transportation shall submit a report to the Committee

on Government Reform of the House of Representatives and the

Committee on Governmental Affairs of the Senate on the progress

of implementing this title.

(g) EFFECTIVE DATES.—

(1) IN GENERAL.—Except as provided under paragraph (2),

this title (including the amendments made by this title) shall

take effect on the date of enactment of this Act.

(2) SELECTION OF CARRIERS.—The amendment made by

subsection (c)(5) shall take effect 15 months after the date

of enactment of this Act.

(h) In publishing the Act in slip form and in the United States

Statutes at Large pursuant to section 112, of title 1, United States

Code, the Archivist of the United States shall include after the

date of approval at the end an appendix setting forth the text

of the bill referred to in subsection (a).

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

In subsection (e)(4) of the Alaska Native Claims Settlement

Act created by section 702 of Public Law 107–117—

(1) paragraph (B) is amended by—

(A) striking ‘‘subsection (e)(2)’’ and inserting in lieu

thereof ‘‘subsections (e)(1) or (e)(2)’’; and

(B) striking ‘‘obligations under section 7 of P.L. 87–

305’’ and inserting in lieu thereof ‘‘small or small disadvantaged business subcontracting goals under section 502 of

P.L. 100–656, provided that where lower tier subcontractors

exist, the entity shall designate the appropriate contractor

or contractors to receive such credit’’; and

(2) paragraph (C) is amended by striking ‘‘subsection (e)(2)’’

and inserting ‘‘subsection (e)(1) or (e)(2)’’.

43 USC 1626.

1 USC 112 note.

39 USC 5402

note.

Deadline.

39 USC 5402

note.

PUBLIC LAW 107–206—AUG. 2, 2002 116 STAT. 925

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

HOUSE REPORTS: Nos. 107–480 (Comm. on Appropriations) and 107–593

(Comm. of Conference).

SENATE REPORTS: No. 107–156 accompanying S. 2551 (Comm. on Appropriations).

CONGRESSIONAL RECORD, Vol. 148 (2002):

May 22–24, considered and passed House.

June 3–6, considered and passed Senate, amended.

July 23, House agreed to conference report.

July 24, Senate agreed to conference report.

Æ

This Act may be cited as the ‘‘2002 Supplemental Appropriations Act for Further Recovery From and Response To Terrorist

Attacks on the United States’’.

Approved August 2, 2002.