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(i) funds made available from the
Fund; and
(ii) such other funds as are received by
the State for the purchase of insurance for
the Mine and laboratory.
(B) NO
REQUIREMENT
TO
USE
STATE
FUNDS.—Nothing in this title requires the State
to use State funds to purchase insurance re-
quired under this subsection.
(4) ADDITIONAL INSURED.—Any insurance pur-
chased by the State under this subsection shall—
(A) name the United States as an addi-
tional insured; or
(B) otherwise provide that the United States
is a beneficiary of the insurance policy having
the primary right to enforce all rights of the
United States under the policy.
(5) TERMINATION OF OBLIGATION TO PURCHASE
INSURANCE.—The obligation of the State to purchase
insurance under this subsection shall terminate on the
date on which—
(A) the Mine ceases to be used as a labora-
tory; or
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(B) sufficient funding ceases to be available
for the operation and maintenance of the Mine
or laboratory.
(b) PROJECT INSURANCE.—
(1) IN
GENERAL.—The State, in consultation
with the Administrator and the Scientific Advisory
Board, may require, as a condition of approval of a
project for the laboratory, that a project sponsor pro-
vide property and liability insurance or other appli-
cable coverage for potential liability associated with
the project described in subsections (a) and (b) of sec-
tion 106.
(2) ADDITIONAL INSURED.—Any insurance ob-
tained by the project sponsor under this section
shall—
(A) name the State and the United States
as additional insureds; or
(B) otherwise provide that the State and the
United States are beneficiaries of the insurance
policy having the primary right to enforce all
rights under the policy.
(c) STATE INSURANCE.—
(1) IN
GENERAL.—To the extent required by
State law, the State shall purchase, with respect to
the operation of the Mine and the laboratory—
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(A) unemployment compensation insurance;
and
(B) worker’s compensation insurance.
(2) PROHIBITION
ON
USE
OF
FUNDS
FROM
FUND.—A State shall not use funds from the Fund to
carry out paragraph (1).
SEC. 108. ENVIRONMENT AND PROJECT TRUST FUND.
(a) ESTABLISHMENT.—On completion of the convey-
ance, the State shall establish, in an interest-bearing ac-
count at an accredited financial institution located within
the State, the Environment and Project Trust Fund.
(b) AMOUNTS.—The Fund shall consist of—
(1) an annual deposit from the operation and
maintenance funding provided for the laboratory in
an amount to be determined—
(A) by the State, in consultation with the
Administrator and the Scientific Advisory
Board; and
(B) after taking into consideration—
(i) the nature of the projects and ex-
periments being conducted at the labora-
tory;
(ii) available amounts in the Fund;
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(iii) any pending costs or claims that
may be required to be paid out of the Fund;
and
(iv) the amount of funding required for
future actions associated with the closure of
the facility;
(2) an amount determined by the State, in con-
sultation with the Administrator and the Scientific
Advisory Board, and to be paid by the appropriate
project sponsor, for each project to be conducted,
which amount—
(A) shall be used to pay—
(i) costs incurred in removing from the
Mine or laboratory equipment or other ma-
terials related to the project;
(ii) claims arising out of or in connec-
tion with the project; and
(iii) if any portion of the amount re-
mains after paying the expenses described
in clauses (i) and (ii), other costs described
in subsection (c); and
(B) may, at the discretion of the State, be
assessed—
(i) annually; or
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(ii) in a lump sum as a prerequisite to
the approval of the project;
(3) interest earned on amounts in the Fund,
which amount of interest shall be used only for a pur-
pose described in subsection (c); and
(4) all other funds received and designated by the
State for deposit in the Fund.
(c) EXPENDITURES FROM FUND.—Amounts in the
Fund shall be used only for the purposes of funding—
(1) waste and hazardous substance removal or
remediation, or other environmental cleanup at the
Mine;
(2) removal of equipment and material no longer
used, or necessary for use, in conjunction with a
project conducted at the laboratory;
(3) a claim arising out of or in connection with
the conducting of such a project;
(4) purchases of insurance by the State as re-
quired under section 107;
(5) payments for and other costs relating to li-
ability described in section 106; and
(6) closure of the Mine and laboratory.
(d) FEDERAL PAYMENTS FROM FUND.—The United
States—
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(1) to the extent the United States assumes li-
ability under section 106—
(A) shall be a beneficiary of the Fund; and
(B) may direct that amounts in the Fund
be applied to pay amounts and costs described in
this section; and
(2) may take action to enforce the right of the
United States to receive 1 or more payments from the
Fund.
(e) NO
REQUIREMENT
OF
DEPOSIT
OF
PUBLIC
FUNDS.—Nothing in this section requires the State to de-
posit State funds as a condition of the assumption by the
United States of liability, or the relief of the State or
Homestake from liability, under section 106.
SEC. 109. WASTE ROCK MIXING.
After completion of the conveyance, the State shall ob-
tain the approval of the Administrator before disposing of
any material quantity of laboratory waste rock if—
(1) the disposal site is on land not conveyed
under this title; and
(2) the State determines that the disposal could
result in commingling of laboratory waste rock with
waste rock disposed of by Homestake before the date
of conveyance.
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SEC. 110. REQUIREMENTS FOR OPERATION OF LABORA-
TORY.
After the conveyance, nothing in this title exempts the
laboratory from compliance with any law (including a Fed-
eral environmental law).
SEC. 111. CONTINGENCY.
This title shall be effective contingent on the selection,
by the National Science Foundation, of the Mine as the site
for the laboratory.
SEC. 112. OBLIGATION IN THE EVENT OF NONCONVEYANCE.
If the conveyance under this title does not occur, any
obligation of Homestake relating to the Mine shall be lim-
ited to such reclamation or remediation as is required
under any applicable law other than this title.
SEC. 113. PAYMENT AND REIMBURSEMENT OF COSTS.
The United States may seek payment—
(1) from the Fund, under section 108(d), to pay
or reimburse the United States for amounts payable
or liabilities incurred under this title; and
(2) from available insurance, to pay or reim-
burse the United States and the Fund for amounts
payable or liabilities incurred under this title.
SEC. 114. CONSENT DECREES.
Nothing in this title affects any obligation of a party
under—
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(1) the 1990 Remedial Action Consent Decree
(Civ. No. 90–5101 D. S.D.); or
(2) the 1999 Natural Resource Damage Consent
Decree (Civ. Nos. 97–5078 and 97–5100, D. S.D.).
SEC. 115. CUSTOMS USER FEES.
Section 13031(j)(3) of the Consolidated Omnibus
Budget Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)) is
amended by inserting after ‘‘September 30, 2003,’’ the fol-
lowing: ‘‘except that fees shall continue to be charged under
paragraphs (1) through (8) of that subsection through Jan-
uary 31, 2004.’’.
SEC. 116. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as
are necessary to carry out this title.
TITLE II—GENERAL PROVISIONS, THIS DIVISION
SEC. 201. TRUSTEES OF THE JOHN F. KENNEDY CEN-
TER FOR THE PERFORMING ARTS. (a) MEMBERSHIP.—Sec-
tion 2(a) of the John F. Kennedy Center Act (20 U.S.C.
76h(a)) is amended—
(1) by striking ‘‘There is hereby’’ and inserting
the following:
‘‘(1) IN GENERAL.—There is’’; and
(2) by striking the second sentence and inserting
the following:
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‘‘(2) MEMBERSHIP.—The Board shall be com-
posed of—
‘‘(A) the Secretary of Health and Human
Services;
‘‘(B) the Librarian of Congress;
‘‘(C) the Secretary of State;
‘‘(D) the Chairman of the Commission of
Fine Arts;
‘‘(E) the Mayor of the District of Columbia;
‘‘(F) the Superintendent of Schools of the
District of Columbia;
‘‘(G) the Director of the National Park
Service;
‘‘(H) the Secretary of Education;
‘‘(I) the Secretary of the Smithsonian Insti-
tution;
‘‘(J)(i) the Speaker and the Minority Lead-
er of the House of Representatives;
‘‘(ii) the chairman and ranking minority
member of the Committee on Public Works and
Transportation of the House of Representatives;
and
‘‘(iii) 3 additional Members of the House of
Representatives appointed by the Speaker of the
House of Representatives;
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‘‘(K)(i) the Majority Leader and the Minor-
ity Leader of the Senate;
‘‘(ii) the chairman and ranking minority
member of the Committee on Environment and
Public Works of the Senate; and
‘‘(iii) 3 additional Members of the Senate
appointed by the President of the Senate; and
‘‘(L) 36 general trustees, who shall be citi-
zens of the United States, to be appointed in ac-
cordance with subsection (b).’’.
(b) TERMS OF OFFICE FOR NEW GENERAL TRUST-
EES.—Section 2(b) of the John F. Kennedy Center Act (20
U.S.C. 76h(b)) shall apply to each general trustee of the
John F. Kennedy Center for the Performing Arts whose po-
sition is established by the amendment made by subsection
(a)(2) (referred to in this subsection as a ‘‘new general
trustee’’), except that the initial term of office of each new
general trustee shall—
(1) commence on the date on which the new gen-
eral trustee is appointed by the President; and
(2) terminate on September 1, 2007.
SEC. 202. (a) The purpose of this section is to require
procedures that ensure the fair and equitable resolution of
labor integration issues, in order to prevent further disrup-
tion to transactions for the combination of air carriers,
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which would potentially aggravate the disruption caused by
the attack on the United States on September 11, 2001.
(b) In this section:
(1) The term ‘‘air carrier’’ means an air carrier
that holds a certificate issued under chapter 411 of
title 49, United States Code.
(2) The term ‘‘covered employee’’ means an em-
ployee who—
(A) is not a temporary employee; and
(B) is a member of a craft or class that is
subject to the Railway Labor Act (45 U.S.C. 151
et seq.).
(3) The term ‘‘covered transaction’’ means a
transaction that—
(A) is a transaction for the combination of
multiple air carriers into a single air carrier;
(B) involves the transfer of ownership or
control of—
(i) 50 percent or more of the equity se-
curities (as defined in section 101 of title
11, United States Code) of an air carrier;
or
(ii) 50 percent or more (by value) of
the assets of the air carrier;
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(C) became a pending transaction, or was
completed, not earlier than January 1, 2001;
and
(D) did not result in the creation of a single
air carrier by September 11, 2001.
(c) If an eligible employee is a covered employee of an
air carrier involved in a covered transaction that leads to
the combination of crafts or classes that are subject to the
Railway Labor Act, the eligible employee may receive as-
sistance under this title only if the parties to the
transaction—
(1) apply sections 3 and 13 of the labor protec-
tive provisions imposed by the Civil Aeronautics
Board in the Allegheny-Mohawk merger (as published
at 59 CAB 45) to the covered employees of the air
carrier; and
(2) subject to paragraph (1), in a case in which
a collective bargaining agreement provides for the ap-
plication of sections 3 and 13 of the labor protective
provisions in the process of seniority integration for
the covered employees, apply the terms of the collective
bargaining agreement to the covered employees, and
do not abrogate the terms of the agreement.
(d) Any aggrieved person (including any labor organi-
zation that represents the person) may bring an action to
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enforce this section, or the terms of any award or agreement
resulting from arbitration or a settlement relating to the
requirements of this section. The person may bring the ac-
tion in an appropriate Federal district court, determined
in accordance with section 1391 of title 28, United States
Code, without regard to the amount in controversy.
Passed the House of Representatives November 28,
2001.
Attest:
JEFF TRANDAHL,
Clerk.
Passed the Senate December 7, 2001.
Attest:
JERI THOMSON,
Secretary.