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SEC. 204. Public Law 106–256 is amended in section
3(f)(1) by striking ‘‘18’’ and inserting ‘‘29’’.
SEC. 205. The American Section, International Joint
Commission, United States and Canada, is authorized to
receive funds from the United States Army Corps of Engi-
neers for the purposes of conducting investigations, under-
taking 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. 206. 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 chap-
ter 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. 207. Of the amounts appropriated in Public Law
107–77, under the heading ‘‘Department of Commerce, Na-
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tional Oceanic and Atmospheric Administration, Oper-
ations, Research, and Facilities’’, for coral reef programs,
$2,500,000, for a cooperative agreement with the National
Defense Center of Excellence for Research in Ocean Sciences
to conduct coral mapping in the waters of the Hawaiian
Islands and the surrounding Exclusive Economic Zone in
accordance with the mapping implementation strategy of
the United States Coral Reef Task Force.
SEC. 208. In addition to amounts appropriated or oth-
erwise made available by this Act or any other Act,
$11,000,000 is appropriated to enable the Secretary of Com-
merce to provide economic assistance to fishermen and fish-
ing communities affected by Federal closures and fishing
restrictions in the New England groundfish fishery, to re-
main available until September 30, 2003.
SEC. 209. In addition to amounts appropriated or oth-
erwise made available by this Act or any other Act,
$5,000,000 shall be provided to enable the Secretary of Com-
merce to provide for direct economic assistance to fishermen
and fishing communities, affected by Federal Court ordered
management measures in the Northeast multispecies fish-
ery, to remain available until September 30, 2003: Pro-
vided, That these amounts shall be used to support port se-
curity and related coastal activities administered by the
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National Oceanic and Atmospheric Administration, the
Coast Guard, or an affected state.
SEC. 210. Of the amounts appropriated in Public Law
107–77, under the heading ‘‘Department of Commerce, Na-
tional Oceanic and Atmospheric Administration, Oper-
ations, Research, and Facilities’’, for Oregon groundfish co-
operative research, $500,000 shall be for the cost of a reduc-
tion loan of $50,000,000 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 sec-
tion 312(b) of the Magnuson-Stevens Fishery Conservation
and Management Act (16 U.S.C. 1861a(b)).
SEC. 211. (a) Subject to subsection (b), the Attorney
General shall, out of appropriations available to the De-
partment of Justice made in Public Law 107–77, transfer
to, and merge with, the appropriations account for the Im-
migration and Naturalization Service entitled ‘‘Salaries
and Expenses’’ the following amounts for the following pur-
poses:
(1) $4,900,000 to cover an increase in pay for all
Border Patrol agents who have completed at least one
year’s service and are receiving an annual rate of
basic pay for positions at GS–9 of the General Sched-
ule under section 5332 of title 5, United States Code,
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from the annual rate of basic pay payable for posi-
tions at GS–9 of the General Schedule under such sec-
tion 5332, to an annual rate of basic pay payable for
positions at GS–11 of the General Schedule under
such section 5332; and
(2) $3,800,000 to cover an increase in pay for all
immigration inspectors who have completed at least
one year’s service and are receiving an annual rate
of basic pay for positions at GS–9 of the General
Schedule under section 5332 of title 5, United States
Code, from the annual rate of basic pay payable for
positions at GS–9 of the General Schedule under such
section 5332, to an annual rate of basic pay payable
for positions at GS–11 of the General Schedule under
such section 5332.
(b) Funds transferred under subsection (a) shall be
available for obligation and expenditure only in accordance
with the procedures applicable to reprogramming notifica-
tions set forth in section 605 of the Departments of Com-
merce, Justice, and State, the Judiciary, and Related Agen-
cies Appropriations Act, 2002 (Public Law 107–77; 115
Stat. 798).
(c) Not later than September 30, 2002, the Justice
Management Division of the Department of Justice shall
submit a report to the Committees on Appropriations of the
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Senate and the House of Representatives describing the
progress made in the development of the Chimera system.
(d) No funds available to the Immigration and Natu-
ralization Service for technology activities in the fiscal year
2003 may be obligated or expended unless the program
manager of the Chimera system approves the obligation or
expenditure of those funds and so reports to the Attorney
General.
SEC. 212. 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.
SEC. 213. Of the funds made available under the head-
ing ‘‘Courts of Appeals, District Courts, and Other Judicial
Services, Salaries, and Expenses’’ in title III of Public Law
107–77, $37,900,000 shall be transferred to, and merged
with, funds available for ‘‘Salaries and Expenses, United
States Marshals Service’’ in title I of Public Law 107–77,
to be available until expended only for hiring 200 addi-
tional Deputy United States Marshals and associated sup-
port staff for protection of the judicial process in response
to the terrorist attacks of September 11, 2001 to be deployed
to the Federal districts with critical courtroom and prisoner
security needs.
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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
DEFENSE EMERGENCY RESPONSE FUND
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for the ‘‘Defense Emergency
Response Fund’’, $11,300,000,000, of which $77,900,000
shall be available for enhancements to North American Air
Defense Command capabilities: Provided, That the entire
amount is designated by the Congress as an emergency re-
quirement 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 Defense
may transfer the funds provided herein only to appropria-
tions for military personnel; operation and maintenance;
procurement; research, development, test and evaluation;
military construction; the Defense Health Program; and
working capital funds: Provided further, That the funds
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transferred shall be merged with and shall be available for
the same purposes and for the same time period as the ap-
propriation to which transferred: Provided further, That the
transfer authority provided in this paragraph is in addi-
tion to any other transfer authority available to the Depart-
ment of Defense: Provided further, That upon a determina-
tion that all or part of the funds transferred from this ap-
propriation are not necessary for the purposes provided
herein, such amounts may be transferred back to this appro-
priation.
OPERATION AND MAINTENANCE, ARMY
For an additional amount for ‘‘Operation and Mainte-
nance, Army’’, $107,000,000: Provided, That the entire
amount is designated by the Congress as an emergency re-
quirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as
amended.
OPERATION AND MAINTENANCE, NAVY
For an additional amount for ‘‘Operation and Mainte-
nance, Navy’’, $36,500,000: Provided, That the entire
amount is designated by the Congress as an emergency re-
quirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as
amended.
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OPERATION AND MAINTENANCE, AIR FORCE
For an additional amount for ‘‘Operation and Mainte-
nance, Air Force’’, $41,000,000: Provided, That the entire
amount is designated by the Congress as an emergency re-
quirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as
amended.
OPERATION AND MAINTENANCE, DEFENSE-WIDE
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ‘‘Operation and Mainte-
nance, Defense-wide’’, $739,000,000, of which $420,000,000
may be used for payments to Pakistan, Jordan, the Phil-
ippines, and other key cooperating nations for logistical
and military support provided to United States military
operations in connection with United States efforts to pre-
vent or respond to acts of international terrorism: Provided,
That such amount shall be transferred to, and merged with,
funds appropriated in Public Law 107–115 under the head-
ing ‘‘Foreign Military Financing Program’’ within 30 days
of enactment: Provided further, That such payments may
be made in such amounts as the Secretary of State deter-
mines, after consultation with the Secretary of Defense and
the Director of the Office of Management and Budget: Pro-
vided further, That such determination shall be final and
conclusive upon the accounting officers of the United States:
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Provided further, That of the funds appropriated by this
paragraph, not less than $50,000,000 shall be made avail-
able for the Philippines: 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: Provided further, That funds made
available by this paragraph shall be subject to the regular
notification procedures of the Committees on Appropria-
tions.
PROCUREMENT
OTHER PROCUREMENT, ARMY
For an additional amount for ‘‘Other Procurement,
Army’’, $79,200,000: 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.
AIRCRAFT PROCUREMENT, NAVY
For an additional amount for ‘‘Aircraft Procurement,
Navy’’, $22,800,000: 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.
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PROCUREMENT OF AMMUNITION, NAVY AND MARINE
CORPS
For an additional amount for ‘‘Procurement of Am-
munition, Navy and Marine Corps’’, $262,000,000: Pro-
vided, That the entire amount is designated by the Congress
as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Def-
icit Control Act of 1985, as amended.
OTHER PROCUREMENT, NAVY
For an additional amount for ‘‘Other Procurement,
Navy’’, $2,500,000: 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.
PROCUREMENT, MARINE CORPS
For an additional amount for ‘‘Procurement, Marine
Corps’’, $3,500,000: 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.
AIRCRAFT PROCUREMENT, AIR FORCE
For an additional amount for ‘‘Aircraft Procurement,
Air Force’’, $93,000,000: Provided, That the entire amount
is designated by the Congress as an emergency requirement
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pursuant to section 251(b)(2)(A) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended.
PROCUREMENT OF AMMUNITION, AIR FORCE
For an additional amount for ‘‘Procurement of Am-
munition, Air Force’’, $115,000,000: Provided, That the en-
tire amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985,
as amended.
OTHER PROCUREMENT, AIR FORCE
For an additional amount for ‘‘Other Procurement,
Air Force’’, $752,300,000: 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.
PROCUREMENT, DEFENSE-WIDE
For an additional amount for ‘‘Procurement, Defense-
wide’’, $99,500,000: 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.
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RESEARCH, DEVELOPMENT, TEST AND
EVALUATION
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY
For an additional amount for ‘‘Research, Develop-
ment, Test and Evaluation, Army’’, $8,200,000: 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.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY
For an additional amount for ‘‘Research, Develop-
ment, Test and Evaluation, Navy’’, $19,000,000: 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.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR
FORCE
For an additional amount for ‘‘Research, Develop-
ment, Test and Evaluation, Air Force’’, $60,800,000: Pro-
vided, That the entire amount is designated by the Congress
as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Def-
icit Control Act of 1985, as amended.
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RESEARCH, DEVELOPMENT, TEST AND EVALUATION,
DEFENSE-WIDE
For an additional amount for ‘‘Research, Develop-
ment, Test and Evaluation, Defense-wide’’, $74,700,000:
Provided, That the entire amount is designated by the Con-
gress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Def-
icit 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 (Pub-
lic Law 107–117) is amended by adding the following pro-
viso 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 require-
ments 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. (a) AVAILABILITY OF AMOUNTS FOR MILI-
TARY 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
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the Secretary of Defense determines are necessary to respond
to or protect against acts or threatened acts of terrorism.
(b) NOTICE TO CONGRESS.—Not later than 15 days
before obligating amounts available under subsection (a) for
military construction projects referred to in that subsection,
the Secretary shall notify the appropriate committees of
Congress of the following:
(1) the determination to use such amounts for
the project; and
(2) the estimated cost of the project and the ac-
companying Form 1391.
(c) APPROPRIATE COMMITTEES
OF CONGRESS DE-
FINED.—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.
SEC. 303. Section 8052(b) of the Department of De-
fense Appropriations Act, 2002 (Public Law 107–117) is
amended by striking out ‘‘will reduce the personnel require-
ments or financial requirements of the department’’, and
inserting the following in lieu thereof, ‘‘either (1) will re-
duce the personnel requirements or the financial require-
ments of the department, or (2) is necessary in response
to an emergency, including responding to direct threats or
incidents of terrorism’’.
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SEC. 304. Funds appropriated by this Act, or made
available by the transfer of funds in this Act, for intelligence
activities are deemed to be specifically authorized by the
Congress for purposes of section 504 of the National Secu-
rity 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 au-
thorized by the President under section 503 of the National
Security Act of 1947, as amended, shall remain available
until September 30, 2003.
SEC. 305. (a) Funds appropriated to the Department
of Defense for fiscal year 2002 for operation and mainte-
nance under the heading ‘‘Chemical Agents and Munitions
Destruction, Army’’, may be used to pay for additional
costs of international inspectors from the Technical Secre-
tariat 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 De-
partment of Defense sites and commercial sites that perform
services under contract to the Department of Defense, result-
ing from the Department of Defense’s program to accelerate
its chemical demilitarization schedule.
(b) Expenses which may be paid under subsection (a)
include—
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(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. 306. During the current fiscal year, the restric-
tions 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 re-
strictions is important to the national security interests of
the United States.
SEC. 307. 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 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
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pounds per year in order to preserve a commercial manu-
facturing capability for munitions precursor supplies for
the High Zone Modular Artillery Charge System and to
preserve competition in that manufacturing capability.
SEC. 308. Not later than 15 days after the date of the
enactment of this Act, the Secretary of Defense shall obli-
gate, 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 Penin-
sula), Maine, to utilization as a research and education
center for Acadia National Park, Maine, including the
preparation of a plan for the reutilization of the naval base
for such purpose that will benefit communities in the vicin-
ity of the naval base and visitors to Acadia National Park
and will stimulate important research and educational ac-
tivities.
SEC. 309. Of the amount available for fiscal year 2002
for the Army National Guard for operation and mainte-
nance, $2,200,000 shall be made available for the Army Na-
tional Guard for information operations, information as-
surance operations, and training for such operations.
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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 imple-
menting 
the 
District 
Emergency 
Operations 
Plan,
$13,770,000, to remain available until September 30, 2003,
of which $11,700,000 is for the expansion of quarantine fa-
cilities, and $2,070,000 is for the establishment of a decon-
tamination 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.
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA
For a Federal payment to the District of Columbia
to implement the District Emergency Operations Plan,
$24,730,000, to remain available until December 1, 2003,
of which $14,730,000 is for public safety expenses related
to national special security events in the District of Colum-
bia and $10,000,000 is for the construction of Containment
Facilities to support the regional Bioterrorism Hospital
Preparedness Program: Provided, That the entire amount
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is designated by the Congress 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 PAYMENT TO THE WASHINGTON METROPOLITAN
AREA TRANSIT AUTHORITY
For a Federal payment to the Washington Metropoli-
tan Area Transit Authority, $25,000,000, to remain avail-
able until December 1, 2003, to contribute to the creation
of a regional transportation back-up operations control cen-
ter: Provided, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Def-
icit Control Act of 1985, as amended.
FEDERAL PAYMENT TO THE METROPOLITAN WASHINGTON
COUNCIL OF GOVERNMENTS
For a Federal payment to the Metropolitan Wash-
ington Council of Governments, $1,750,000, to remain
available until September 30, 2003, for support of the Re-
gional Incident Communication and Coordination System,
as approved by the Council: Provided, That the entire
amount is designated by the Congress as an emergency re-
quirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as
amended.
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FEDERAL PAYMENT TO THE WATER AND SEWER
AUTHORITY OF THE DISTRICT OF COLUMBIA
For a Federal payment to the Water and Sewer Au-
thority of the District of Columbia for emergency prepared-
ness, $3,000,000, to remain available until September 30,
2003, of which $250,000 shall be for securing fire hydrants
and manholes to prevent unauthorized entry, $150,000 is
to upgrade the hydraulic model, $1,800,000 is for remote
monitoring of water quality, $700,000 is for design and
construction of ventilation system improvements, and
$100,000 is to create an Incident Response Plan: Provided,
That the Water and Sewer Authority of the District of Co-
lumbia may reprogram up to $120,000 between the activi-
ties specified under this heading if it notifies in writing
the Committees on Appropriations of the House of Rep-
resentatives and the Senate thirty days in advance of the
reprogramming: 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.
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DISTRICT OF COLUMBIA FUNDS
OPERATING EXPENSES
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,
approved December 21, 2001 (Public Law 107–96),
$37,000,000 are rescinded.
HUMAN SUPPORT SERVICES
For an additional amount for ‘‘Human Support Serv-
ices’’, $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 Depart-
ment of Mental Health to address a Medicaid revenue short-
fall.
PUBLIC SAFETY AND JUSTICE
(RESCISSION)
Notwithstanding any other provision of law, of the
local funds appropriated under this heading to the Depart-
ment of Corrections for support of the Corrections Informa-
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tion Council in the District of Columbia Appropriations
Act, 2002 (Public Law 107–96), $100,000 are rescinded.
CORRECTIONS INFORMATION COUNCIL
For operations of the Corrections Information Council,
$100,000 from local funds.
GOVERNMENTAL DIRECTION AND SUPPORT
The Governmental Direction and Support paragraph
of the District of Columbia Appropriations Act, 2002 (Pub-
lic Law 107–96), is amended by striking: ‘‘Provided fur-
ther, 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: ‘‘Pro-
vided 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 con-
tained in a negotiated collective bargaining agreement:’’.
REPAYMENT OF LOANS AND INTEREST
(RESCISSION)
Of the funds appropriated under this heading for the
fiscal year ending September 30, 2002 in the District of
Columbia Appropriations Act, 2002, approved December
21, 2001 (Public Law 107–96), $7,950,000 are rescinded.
The paragraph under this heading is amended by
striking: ‘‘Provided, That any funds set aside pursuant to
section 148 of the District of Columbia Appropriations Act,
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2000 (Public Law 106–113; 113 Stat. 1523) that are not
used in the reserve funds established herein shall be used
for Pay-As-You-Go Capital Funds:’’ and inserting: ‘‘Pro-
vided, That any funds set aside pursuant to section 148
of the District of Columbia Appropriations Act, 2000 (Pub-
lic Law 106–113; 113 Stat. 1523) that are not used in the
reserve funds established herein shall be used for Pay-As-
You-Go Capital Funds upon certification by the Chief Fi-
nancial Officer of the District of Columbia that the funds
are available and are not required to address potential defi-
cits: Provided further, That of those funds necessary to ad-
dress potential deficits, no funds shall be obligated or ex-
pended except in accordance with the following conditions:
‘‘(1) the amounts shall be obligated or expended
in accordance with laws enacted by the Council in
support of each such obligation or expenditure;
‘‘(2) the amounts may not be used to fund the
agencies of the District of Columbia government
under court-ordered receivership;
‘‘(3) the amounts may be obligated or expended
only if the Mayor notifies the Committees on Appro-
priations of the House of Representatives and Senate
in writing 30 days in advance of any obligation or
expenditure; and
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‘‘(4) amounts made available to address poten-
tial deficits shall remain available until expended:’’.
CERTIFICATES OF PARTICIPATION
For principal and interest payments on the District’s
Certificates of Participation, issued to finance the facility
underlying the building located at One Judiciary Square,
$7,950,000 from local funds.
GENERAL PROVISIONS, THIS CHAPTER
SEC. 401. The District of Columbia may use up to 1
percent of the funds appropriated to the District of Colum-
bia under the Emergency Supplemental Act, 2002, to fund
the necessary administrative costs to carry out that Act,
effective January 10, 2002.
SEC. 402. When the Mayor determines that it is in
the best interest of the District, the Mayor may procure in-
surance for property damage and tort liability. In addition,
when the Chief Financial Officer determines that it is in
the best interest of the District, the Chief Financial Officer
may procure insurance subject to his independent procure-
ment authority or otherwise recommend the procurement of
insurance for financial losses resulting from misfeasance or
malfeasance.
SEC. 403. CRIME VICTIMS COMPENSATION FUND. Sec-
tion 16(d)(2) of the Victims of Violent Crime Compensation
Act of 1996 (D.C. Official Code 4–515(d)(1)), as amended
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by the Fiscal Year 2002 District of Columbia Appropria-
tions Act, Public Law 107–96, is amended to read as fol-
lows:
‘‘(2) 50 percent of such balance shall be trans-
ferred from the Fund to the executive branch of the
District government and shall be used without fiscal
year limitation for outreach activities designed to in-
crease the number of crime victims who apply for
such direct compensation payments.’’.
SEC. 404. WASHINGTON METROPOLITAN AREA TRAN-
SIT AUTHORITY REPROGRAMMING. The Chief Financial Of-
ficer of the Washington Metropolitan Area Transit Author-
ity 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 Au-
thority’’, that contains funds for protective clothing and
breathing apparatus activities, for employee and facility se-
curity and completion of the fiber optic network project.
SEC. 405. TRANSFER AUTHORITY FOR THE DISTRICT
OF COLUMBIA COURTS. The District of Columbia Courts
may expend up to $12,500,000 to carry out the District
of Columbia Family Court Act of 2001 from the ‘‘Federal
Payment to the District of Columbia Courts’’ account: Pro-
vided, That such funds may be transferred to the ‘‘Federal
Payment to the District of Columbia Courts’’ account from
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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. TECHNICAL CORRECTION TO THE DISTRICT
OF COLUMBIA FAMILY COURT ACT OF 2001. 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 Co-
lumbia Home Rule Act’’.
SEC. 407. TECHNICAL CORRECTION TO THE FISCAL
YEAR 2002 DISTRICT OF COLUMBIA APPROPRIATIONS ACT.
(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 South-
eastern 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. TECHNICAL CORRECTION TO THE FISCAL
YEAR 2002 DISTRICT OF COLUMBIA APPROPRIATIONS ACT.
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Section 119 of Public Law 107–96 is amended to read as
follows:
‘‘SEC. 119. ACCEPTANCE AND USE OF GRANTS NOT IN-
CLUDED IN CEILING. (a) IN GENERAL.—Notwithstanding
any other provision of this Act, the Mayor, in consultation
with the Chief Financial Officer, may accept, obligate, and
expend Federal, private, and other grants received by the
District government that are not reflected in the amounts
appropriated in this Act.
‘‘(b) REQUIREMENT OF CHIEF FINANCIAL OFFICER
REPORT AND COUNCIL APPROVAL.—No such Federal, pri-
vate, or other grant may be accepted, obligated, or expended
pursuant to subsection (a) until—
‘‘(1) the Chief Financial Officer of the District
of Columbia submits to the Council a report setting
forth detailed information regarding such grant; and
‘‘(2) the Council has reviewed and approved the
acceptance, obligation, and expenditure of such grant.
Within 14 calendar days of receipt of the report sub-
mitted under paragraph (1) the Council shall be
deemed to have provided such approval if no written
notice of disapproval is filed with the Secretary to the
Council within 14 calendar days of the receipt of the
report from the Chief Financial Officer, and no oral
notice of disapproval is given during a meeting of the
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Council during such 14 calendar day period. If notice
of disapproval is given during such initial 14 cal-
endar day period, the Council may approve or dis-
approve the acceptance, obligation or expenditure of
the grant by resolution within 30 calendar days of the
initial receipt of the report from the Chief Financial
Officer, or such certification shall be deemed to be ap-
proved.
‘‘(c) PROHIBITION ON SPENDING IN ANTICIPATION OF
APPROVAL OR RECEIPT.—No amount may be obligated or
expended from the general fund or other funds of the Dis-
trict government in anticipation of the approval or receipt
of a grant under subsection (a) or in anticipation of the
approval or receipt of a Federal, private, or other grant
not subject to these provisions.
‘‘(d) QUARTERLY REPORTS.—The Chief Financial Of-
ficer of the District of Columbia shall prepare a quarterly
report setting forth detailed information regarding all Fed-
eral, private, and other grants subject to these provisions.
Each such report shall be submitted to the Council of the
District of Columbia, and to the Committees on Appropria-
tions of the House of Representatives and the Senate, not
later than 15 days after the end of the quarter covered by
the report.’’.
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SEC. 409. The authority which the Chief Financial Of-
ficer of the District of Columbia exercised with respect to
personnel, procurement, and the preparation of fiscal im-
pact statements during a control period (as defined in Pub-
lic Law 104–8) shall remain in effect through July 1, 2003
or until such time as the District of Columbia Fiscal Integ-
rity 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 MAIN-
TENANCE, GENERAL’’, $32,000,000, to remain available
until expended: Provided, That using the funds appro-
priated 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 naviga-
tion channels, restore and clean out area streams, provide
emergency streambank protection, restore other crucial pub-
lic infrastructure (including sewer and water facilities),
document flood impacts and undertake other flood recovery
efforts deemed necessary and advisable by the Chief of Engi-
neers: Provided further, That $10,000,000 of the funds pro-
vided shall be for Southern West Virginia, Eastern Ken-
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tucky, and Southwestern Virginia: Provided further, That
the remaining $22,000,000 is designated by the Congress
as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Def-
icit Control Act of 1985, as amended: Provided further,
That these additional funds shall be available for Western
Illinois, Eastern Missouri, and the Upper Peninsula of
Michigan.
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Flood
Control, Mississippi River and Tributaries, Arkansas, Illi-
nois, Kentucky, Louisiana, Mississippi, Missouri, and Ten-
nessee’’, $6,500,000, to remain available until expended, to
be obligated from amounts made available in Public Law
107–117, Corps of Engineers—Civil, Operations and Main-
tenance, General: Provided, That $6,500,000 is designated
by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985, as amended.
DEPARTMENT OF ENERGY
ATOMIC ENERGY DEFENSE ACTIVITIES
NATIONAL NUCLEAR SECURITY ADMINISTRATION
WEAPONS ACTIVITIES
For an additional amount for ‘‘Weapons Activities’’
for emergency expenses resulting from the September 11,
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2001, terrorist attacks, $181,650,000: Provided, That the
entire amount is designated by the Congress as an emer-
gency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of
1985, as amended.
DEFENSE NUCLEAR NONPROLIFERATION
For an additional amount for ‘‘Defense Nuclear Non-
proliferation’’ for emergency activities necessary to support
the safeguarding of nuclear material internationally,
$100,000,000: Provided, That the entire amount is des-
ignated by the Congress as an emergency requirement pur-
suant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
OFFICE OF THE ADMINISTRATOR
For an additional amount for ‘‘Office of the Adminis-
trator’’ for emergency expenses resulting from the September
11, 2001, terrorist attacks, $1,750,000: Provided, That the
entire amount is designated by the Congress as an emer-
gency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of
1985, as amended.
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ENVIRONMENTAL AND OTHER DEFENSE
ACTIVITIES
DEFENSE ENVIRONMENTAL RESTORATION AND WASTE
MANAGEMENT
For an additional amount for ‘‘Defense Environ-
mental Restoration and Waste Management’’ for emergency
expenses resulting from the September 11, 2001, terrorist
attacks, $40,000,000: 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.
OTHER DEFENSE ACTIVITIES
For an additional amount for ‘‘Other Defense Activi-
ties’’ 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
(RESCISSION)
SEC. 501. (a) Of the non-defense funds made available
to the Secretary of Energy under the headings ‘‘Energy
Supply’’, ‘‘Non-Defense Environmental Management’’,
‘‘Science’’, ‘‘Nuclear Waste Disposal’’, and ‘‘Departmental
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Administration’’ in Public Law 107–66, $30,000,000 are
rescinded.
(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.
SEC. 502. The amounts invested by the non-Federal
interests in the biomass project at Winona, Mississippi, be-
fore 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. 503. 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.—
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‘‘(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 Pro-
posals No. DE–RP05–010R22717 (‘Acquisition
of Facilities and Services for Depleted Uranium
Hexalfluoride (DUF6) Conversion Project’) were
included in the competitive range as of January
15, 2002, to confirm or reinstate the offers in ac-
cordance with this paragraph, with a deadline
for offerors to deliver reinstatement or confirma-
tion to the Secretary of Energy not later than 20
days after the date of enactment of this para-
graph; 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 con-
firmed or reinstated under subparagraph (A),
and award a contract for the scope of work stat-
ed in the Request for Proposals, including the de-
sign, construction, and operation of—
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‘‘(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 ne-
gotiate 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 pro-
ceed expeditiously thereafter;
‘‘(B) include as an item of performance the
transportation, conversion, and disposition of de-
pleted uranium contained in cylinders located at
the Oak Ridge K–25 uranium enrichment facil-
ity 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 un-
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less 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 oc-
curred.
‘‘(d) FUNDING.—
‘‘(1) IN GENERAL.—For purposes of carrying out
this section, the Secretary of Energy may use any
available appropriations (including transferred unob-
ligated 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.’’.
SEC. 504. In addition to amounts previously appro-
priated, $3,000,000 is hereby appropriated for the Depart-
ment of the Interior, Bureau of Reclamation, for ‘‘Water
and Related Resources’’ for the drilling of emergency wells
in Santa Fe, New Mexico and shall remain available until
expended.
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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 the ‘‘Child Survival and
Health Programs Fund’’, $200,000,000, to remain available
until expended: Provided, That such funds shall be made
available only for programs for the prevention, treatment,
and control of, and research on, HIV/AIDS: Provided fur-
ther, That special emphasis shall be given to assistance di-
rected at the prevention of transmission of HIV/AIDS from
mother to child, including medications to prevent such
transmission: Provided further, That of the funds appro-
priated by this paragraph, the President, in consultation
with the Secretary of State, may make such contribution
as the President considers appropriate to the Global Fund
to Fight AIDS, Tuberculosis, and Malaria to be used for
any of the purposes of the Global Fund: Provided further,
That funds appropriated by this paragraph, other than
those made available as a contribution to the Global Fund,
shall not exceed the total resources provided, including on
an in-kind basis, from other donors: Provided further, That
not more than seven percent of the amount of the funds ap-
propriated by this paragraph, in addition to funds other-
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wise available for such purpose, may be made available for
the administrative costs of United States Government agen-
cies in carrying out programs funded under this paragraph:
Provided further, That funds appropriated by this para-
graph shall be subject to the regular notification procedures
of the Committees on Appropriations: 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 as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Def-
icit Control Act of 1985, as amended, is transmitted by the
President to Congress.
INTERNATIONAL DISASTER ASSISTANCE
For an additional amount for ‘‘International Disaster
Assistance’’, $150,000,000, to remain available until March
31, 2003: Provided, That funds appropriated by this para-
graph shall be made available for emergency expenses for
Afghanistan for humanitarian and reconstruction activities
related to preventing or responding to international ter-
rorism, including repairing homes of Afghan citizens that
were damaged as a result of military operations against
al Qaeda and the Taliban: Provided further, That of the
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funds appropriated by this paragraph that are available
for Afghanistan, up to $2,500,000 may be made available,
in addition to amounts otherwise available for such pur-
poses, for administrative expenses of the United States
Agency for International Development in support of the
provision of such assistance: Provided further, That of the
funds appropriated by this paragraph, $50,000,000 shall
be made available for humanitarian, refugee and recon-
struction assistance for the West Bank and Gaza: Provided
further, That none of the funds provided in the preceding
proviso shall be available for assistance for the Palestinian
Authority: Provided further, That the entire amount is des-
ignated by the Congress as an emergency requirement pur-
suant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended: Pro-
vided further, That funds appropriated by this paragraph
shall be subject to the regular notification procedures of the
Committees on Appropriations.
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 preventing
or responding to international terrorism, $5,000,000, to re-
main available until March 31, 2003: Provided, That the
entire amount is designated by the Congress as an emer-
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gency 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 pre-
venting 
or 
responding 
to 
international 
terrorism,
$700,000,000, to remain available until March 31, 2003:
Provided, That of the funds appropriated by this para-
graph, not less than $3,500,000 shall be made available to
support programs and activities that provide professional
training for journalists from Egypt and other countries in
the Middle East: Provided further, That of the funds appro-
priated by this paragraph that are made available for as-
sistance for Pakistan, not less than $3,500,000 shall be
made available for programs and activities which support
the development of independent media in Pakistan: Pro-
vided further, That of the funds appropriated by this para-
graph, $50,000,000 should be made available for the Middle
East Economic Initiative: Provided further, That of the
funds appropriated by this paragraph, not less than
$15,000,000 shall be made available for the establishment
and administration of an international exchange visitor
program for secondary school students from countries with
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significant Muslim populations: Provided further, That
funds made available pursuant to the previous proviso shall
not be available for any country that is eligible for assist-
ance under the FREEDOM Support Act: 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-ter-
rorism assistance in accordance with the provisions of chap-
ter 8 of part II of the Foreign Assistance Act of 1961: Pro-
vided 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 Def-
icit Control Act of 1985, as amended: Provided further,
That funds appropriated under this heading, and funds ap-
propriated under this heading in prior Acts that are made
available for the purposes of this paragraph, may be made
available notwithstanding section 512 of Public Law 107–
115 or any similar provision of law: Provided further, That
funds appropriated by this paragraph shall be subject to
the regular notification procedures of the Committees on
Appropriations.
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ASSISTANCE FOR THE INDEPENDENT STATES OF THE
FORMER SOVIET UNION
For an additional amount for ‘‘Assistance for the Inde-
pendent States of the Former Soviet Union’’ for emergency
expenses for activities related to preventing or responding
to international terrorism, $110,000,000, to remain avail-
able until March 31, 2003: Provided, That funds appro-
priated by this paragraph shall be made available for as-
sistance only for Uzbekistan, the Kyrgyz Republic,
Tajikistan, Kazakstan, and Turkmenistan: Provided fur-
ther, That of the funds appropriated by this paragraph, not
less than $7,000,000 shall be made available for the develop-
ment of democratic institutions and the protection of
human rights, which amount shall be administered by the
Bureau of Democracy, Human Rights and Labor, Depart-
ment of State: 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 appropriated by this para-
graph shall be subject to the regular notification procedures
of the Committees on Appropriations.
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DEPARTMENT OF STATE
INTERNATIONAL NARCOTICS CONTROL AND LAW
ENFORCEMENT
For an additional amount for ‘‘International Nar-
cotics Control and Law Enforcement’’ for emergency ex-
penses for activities related to preventing or responding to
international terrorism, $104,000,000, to remain available
until March 31, 2003: Provided, That of the funds appro-
priated by this paragraph, not less than $2,500,000 shall
be made available for the Colombian National Park Service
for training, equipment and related assistance for park
rangers: Provided further, That of the funds appropriated
by this paragraph, not to exceed $4,000,000 shall be made
available for law enforcement training for Indonesian po-
lice forces: Provided further, That funds appropriated by
this paragraph shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided
further, That the entire amount is designated by the Con-
gress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Def-
icit Control Act of 1985, as amended.
MIGRATION AND REFUGEE ASSISTANCE
For an additional amount for ‘‘Migration and Refugee
Assistance’’ for emergency expenses for activities related to
preventing and responding to international terrorism,
$50,000,000, to remain available until March 31, 2003:
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Provided, That funds appropriated by this paragraph shall
be subject to the regular notification procedures of the Com-
mittees on Appropriations.
NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND
RELATED PROGRAMS
For an additional amount for ‘‘Nonproliferation,
Anti-Terrorism, Demining and Related Programs’’ for
emergency expenses for activities related to preventing or
responding to international terrorism, $93,000,000, to re-
main available until March 31, 2003: Provided, That of the
funds appropriated by this paragraph, not less than
$10,000,000 shall be made available for humanitarian
demining activities: Provided further, That of the funds ap-
propriated by this paragraph, not to exceed $12,000,000
shall be made available for assistance for Indonesia: Pro-
vided further, That funds appropriated by this paragraph
that are made available for assistance for Indonesia may
be used only to train and equip an Indonesian police unit
to prevent or respond to international terrorism, and none
of the funds appropriated by this chapter may be used to
provide assistance for members of ‘‘Brimob’’ Mobile Police
Brigade units: Provided further, That of the funds appro-
priated by this paragraph, $2,000,000 shall be made avail-
able for small arms and light weapons destruction in Af-
ghanistan: Provided further, That of the funds appropriated
by this paragraph, $1,000,000 shall be made available for
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the Nonproliferation and Disarmament Fund: Provided
further, That the entire amount is designated by the Con-
gress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Def-
icit Control Act of 1985, as amended: 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 Fi-
nancing Program’’ for emergency expenses for activities re-
lated to preventing or responding to international ter-
rorism, $347,500,000, to remain available until March 31,
2003: Provided, That funds appropriated by this paragraph
may be made available for assistance only for Afghanistan,
Pakistan, 
Nepal, 
Jordan, 
Bahrain, 
Oman, 
Yemen,
Uzbekistan, the Kyrgyz Republic, Tajikistan, Kazakhstan,
Turkey, Georgia, the Philippines, Colombia, Djibouti, Ethi-
opia, Kenya, and Ecuador: Provided further, That funds
appropriated by this paragraph should be made available
to establish, train, and equip a Colombian Army brigade
dedicated to providing security to civilian prosecutors in
operations to collect evidence and execute arrest warrants
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against leaders of paramilitary organizations: Provided
further, That of the funds appropriated by this paragraph,
not to exceed $3,500,000 may be made available for assist-
ance for the Colombian Armed Forces for purposes of pro-
tecting the Cano Limon pipeline: Provided further, That
prior to the obligation of funds under the previous proviso,
the Secretary of State shall determine and report to the
Committee on Appropriations that (i) of the Government
of Colombia’s oil revenues from the Cano Limon pipeline,
an appropriate percentage will be made available for pri-
mary health care, basic education, microenterprise, and
other programs and activities to improve the lives of the
people of Arauca department and that a transparent mech-
anism exists to effectively monitor such funds, and (ii) Oc-
cidental Petroleum and Repsol have each agreed in writing
to refund to the United States Government an amount,
based upon each company’s financial interest in the pipe-
line, equal to the percentage that each such share represents
of the amount of funds made available by this Act to the
Colombian Armed Forces for purposes of protecting the
Cano Limon pipeline: Provided further, That the amounts
refunded pursuant to an agreement entered into pursuant
to the previous proviso shall be made available for any of
the programs and activities identified in clause (i) to im-
prove the lives of the Colombian people without further ap-
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propriation by Congress: Provided further, That funds
made available by this Act for assistance for Uzbekistan
may be made available if the Secretary of State determines
and reports to the Committees on Appropriations that
Uzbekistan is making substantial and continuing progress
in meeting its commitments under the ‘‘Declaration on the
Strategic Partnership and Cooperation Framework Be-
tween the Republic of Uzbekistan and the United States of
America’’: Provided further, That the entire amount is des-
ignated by the Congress as an emergency requirement pur-
suant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended: Pro-
vided further, That funds appropriated by this paragraph
that are made available for Afghanistan may be made
available notwithstanding section 512 of Public Law 107–
115 or any similar provision of law: Provided further, That
funds appropriated by this paragraph shall be subject to
the regular notification procedures of the Committees on
Appropriations.
PEACEKEEPING OPERATIONS
For an additional amount for ‘‘Peacekeeping Oper-
ations’’ for emergency expenses for activities related to pre-
venting 
or 
responding 
to 
international 
terrorism,
$20,000,000, to remain available until March 31, 2003:
Provided, That the entire amount is designated by the Con-
gress as an emergency requirement pursuant to section
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251(b)(2)(A) of the Balanced Budget and Emergency Def-
icit Control Act of 1985, as amended: Provided further,
That funds appropriated by this paragraph shall be avail-
able only for Afghanistan, and may be made available not-
withstanding section 512 of Public Law 107–115 or any
similar provision of law: Provided further, That funds ap-
propriated by this paragraph shall be subject to the regular
notification procedures of the Committees on Appropria-
tions.
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. INTERNATIONAL ORGANIZATIONS AND PRO-
GRAMS. Section 576 of Public Law 107–115 is amended—
(1) in subsection (a) by striking ‘‘not more
than’’; and
(2) by adding the following new subsection:
‘‘(d) OBLIGATION AND DISBURSEMENT.—Funds made
available pursuant to subsection (a) shall be obligated and
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disbursed not later than July 10, 2002, unless otherwise
prohibited by law.’’.
SEC. 602. ELIGIBILITY CONDITIONS. (a) Prior to pro-
viding assistance to a government with funds appropriated
by this chapter, the Secretary of State shall take into ac-
count whether such government has established, or is mak-
ing substantial progress in establishing—
(1) the rule of law, political pluralism including
the establishment of political parties, respect for fun-
damental human rights including freedoms of expres-
sion, religion and association, and the rights to due
process, a fair trial, and equal protection under the
law;
(2) democratic institutions, independent media,
credible electoral processes, and conditions for the de-
velopment of an active civil society;
(3) a market-based economy, and economic poli-
cies to reduce poverty and increase the availability of
health care and educational opportunities; and
(4) effective mechanisms to combat corruption
and bribery, such as signing and implementing the
Convention on Combating Bribery of Foreign Public
Officials in International Business Transactions.
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(b) Nothing in this section shall apply to funds appro-
priated under this chapter for assistance for Afghanistan
or under the heading ‘‘International Disaster Assistance’’.
SEC. 603. COLOMBIA. (a) COUNTER-TERRORISM AU-
THORITY.—In fiscal year 2002, funds available to the De-
partment of State under the heading ‘‘Andean Counterdrug
Initiative’’ in Public Law 107–115 for assistance for the
Colombian Armed Forces and the Colombian National Po-
lice, funds appropriated by this Act that are made available
for such assistance, and unexpired balances and assistance
previously provided from prior Acts making appropriations
for foreign operations, export financing, and related pro-
grams for such assistance, shall be available to support the
Colombian Government’s unified campaign against nar-
cotics trafficking and against paramilitary and guerrilla
organizations designated as terrorist organizations in that
country.
(b) In order to ensure the effectiveness of United States
support for such unified campaign, prior to the exercise of
the authority contained in subsection (a) to provide
counter-terrorism assistance, the Secretary of State shall re-
port to the appropriate congressional committees that—
(1) the newly elected President of Colombia
has—
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(A) committed, in writing, to establish com-
prehensive policies to combat illicit drug cultiva-
tion, manufacturing, and trafficking (particu-
larly with respect to providing economic oppor-
tunities that offer viable alternatives to illicit
crops) and to restore government authority and
respect for human rights in areas under the effec-
tive control of paramilitary and guerrilla orga-
nizations;
(B) committed, in writing, to implement
significant budgetary and personnel reforms of
the Colombian Armed Forces; and
(C) committed, in writing, to support sub-
stantial additional Colombian financial and
other resources to implement such policies and
reforms, particularly to meet the country’s pre-
vious 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 oper-
ation in connection with assistance made available
under this Act or any other Act.
(c) REPORT.—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
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conducting vigorous operations to restore government au-
thority and respect for human rights in areas under the
effective control of paramilitary and guerrilla organiza-
tions.
(d) PROVISIONS
OF LAW THAT REMAIN APPLICA-
BLE.—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 indi-
vidual 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 sub-
section (a) and to funds made available elsewhere in this
Act that are made available for assistance for the Colom-
bian Armed Forces and the Colombian National Police.
(RESCISSION)
SEC. 604. (a) 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 ap-
propriations for foreign operations, export financing, and
related programs, $50,000,000 are rescinded.
(b) Of the funds appropriated under the heading ‘‘Eco-
nomic Support Fund’’ in title II of the Foreign Operations,
Export Financing, and Related Programs Appropriations
Act, 2000 (as contained in Public Law 106–113) and in
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prior Acts making appropriations for foreign operations,
export financing, and related programs, $25,000,000 are re-
scinded.
SEC. 605. Of the amounts appropriated to the Presi-
dent for the United States Agency for International Devel-
opment (USAID) for the fiscal year 2002 and made avail-
able for the Ocean Freight Reimbursement Program of
USAID, $300,000 shall be made available to the National
Forum Foundation to implement the TRANSFORM Pro-
gram to obtain available space on commercial ships for the
shipment of humanitarian assistance to needy foreign coun-
tries.
SEC. 606. Not later than 45 days after the date of the
enactment of this Act, the President shall transmit to the
Committee on Appropriations and the Committee on Inter-
national Relations of the House of Representatives and the
Committee on Appropriations and the Committee on For-
eign Relations of the Senate a report setting forth a strategy
for meeting the immediate and long-term security needs of
Afghanistan in order to promote safe and effective delivery
of humanitarian and other assistance throughout Afghani-
stan, further the rule of law and civil order, and support
the formation of a functioning, representative Afghan na-
tional government.
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CHAPTER 7
DEPARTMENT OF THE INTERIOR
UNITED STATES FISH AND WILDLIFE SERVICE
RESOURCE MANAGEMENT
For an additional amount for ‘‘Resource Manage-
ment’’, $412,000, to remain available until expended, to re-
imburse homeland security-related costs: Provided, That the
Congress designates the entire amount as an emergency re-
quirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as
amended.
CONSTRUCTION
For an additional amount for ‘‘Construction’’,
$3,125,000, to remain available until expended, for facility
and safety improvements related to homeland security: Pro-
vided, 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.
NATIONAL PARK SERVICE
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 emer-
gency requirement pursuant to section 251(b)(2)(A) of the
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Balanced Budget and Emergency Deficit Control Act of
1985, as amended.
UNITED STATES GEOLOGICAL SURVEY
SURVEYS, INVESTIGATIONS, AND RESEARCH
For an additional amount for ‘‘Surveys, Investiga-
tions, and Research’’, $26,776,000, 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 $6,776,000 is for data storage infrastructure up-
grades 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 Def-
icit Control Act of 1985, as amended.
BUREAU OF INDIAN AFFAIRS
OPERATION OF INDIAN PROGRAMS
(RESCISSION)
Of the funds provided under this heading in Public
Law 107–20 for electric power operations and related ac-
tivities at the San Carlos Irrigation Project, $10,000,000
are rescinded.
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DEPARTMENTAL OFFICES
DEPARTMENTAL MANAGEMENT
SALARIES AND EXPENSES
For an additional amount for ‘‘Departmental Manage-
ment, Salaries and Expenses’’, for security enhancements,
$7,030,000, to remain available until expended, of which
not to exceed $4,130,000 may be transferred by the Sec-
retary to any office within the Department of the Interior
other than the Bureau of Reclamation: Provided, That the
Congress designates the entire amount as an emergency re-
quirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as
amended.
RELATED AGENCY
DEPARTMENT OF AGRICULTURE
FOREST SERVICE
CAPITAL IMPROVEMENT AND MAINTENANCE
For an additional amount for ‘‘Capital Improvement
and Maintenance’’, $3,500,000, to remain available until
expended, for facility enhancements to protect property
from acts of terrorism, vandalism, and theft: Provided, That
the Congress designates the entire amount as an emergency
requirement pursuant to section 251(b)(2)(A) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985,
as amended.
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OTHER RELATED AGENCY
SMITHSONIAN INSTITUTION
CONSTRUCTION
For an additional amount for ‘‘Construction’’,
$2,000,000, to remain available until expended, for plan-
ning, design, and construction of an alcohol collections stor-
age 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 Bal-
anced Budget and Emergency Deficit Control Act of 1985,
as amended.
GENERAL PROVISIONS, THIS CHAPTER
SEC. 701. 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 strik-
ing the word ‘‘and’’ immediately following the word
‘‘points,’’ in the sixth proviso, and by inserting imme-
diately after the word ‘‘program’’ in the sixth proviso ‘‘,
or under its authority to transfer oil to the Strategic Petro-
leum Reserve’’, and by inserting at the end of the sixth pro-
viso immediately preceding the colon, the following, ‘‘and
to recover MMS transportation costs, salaries and other ad-
ministrative costs directly related to filling the Strategic
Petroleum Reserve’’.
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SEC. 702. 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 con-
sidered, for purposes of tort liability, employees of the coun-
try 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 pro-
vision 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 rem-
edies 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. Nei-
ther the firefighter, the sending country nor any organiza-
tion associated with the firefighter shall be subject to any
action whatsoever pertaining to or arising out of fighting
fires: Provided, That the Secretary of Agriculture shall draft
and submit to Congress legislation implementing the agree-
ment recently reached between the interested parties, includ-
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ing the Department of Justice and the Department of Agri-
culture, regarding management of the Black Hills National
Forest which shall include actions for protection of resources
and communities from fire.
CHAPTER 8
DEPARTMENT OF LABOR
EMPLOYMENT AND TRAINING ADMINISTRATION
TRAINING AND EMPLOYMENT SERVICES
For an additional amount for ‘‘Training and Employ-
ment Services’’, $400,000,000, of which $200,000,000 is
available for obligation through June 30, 2004 for carrying
out sections 171(d) and 173 of the Workforce Investment
Act, except that not more than $20,000,000 may be used
for carrying out section 171(d); of which $80,000,000 is
available for obligation through June 30, 2003 for carrying
out section 132(a)(2)(B) of such Act; of which $10,000,000
is available for obligation through June 30, 2004, and shall
be transferred to ‘‘Economic Development Assistance Pro-
grams’’, Economic Development Administration, Depart-
ment of Commerce, for economic development assistance au-
thorized by the Public Works and Economic Development
Act of 1965, as amended, including $8,300,000 for ‘‘Public
Works’’ investments and $1,700,000 for ‘‘Planning’’ invest-
ments; and of which $110,000,000 is available for obligation
July 1, 2001 through June 30, 2002 for carrying out section
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132(a)(2)(B) of the Workforce Investment Act notwith-
standing sections 132(b)(2)(B) and 133(b)(2)(B) of such Act
and shall be allotted and allocated in a manner that restores
to the affected States and local workforce investment areas
the $110,000,000 that was subject to rescission under Public
Law 107–20: Provided, That the entire amount is des-
ignated by the Congress as an emergency requirement pur-
suant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended: Pro-
vided further, That notwithstanding any other provision of
law, the Governor of the State may include information on
local area unexpended balances in determining allocation
of the funding to local areas made available through June
30, 2003, under this head, for carrying out section
132(a)(2)(B) of the Workforce Investment Act.
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 Admin-
istration training grants, $1,000,000 shall be used to restore
reductions in Institutional Competency Building training
grants which commenced in September 2000, for program
activities ending September 30, 2002 and $4,275,000 shall
be used to extend funding for these same Institutional Com-
petency Building training grants for program activities for
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the period of September 30, 2002 to September 30, 2003,
and $5,900,000 shall be used to extend funding for targeted
training grants which commenced in September 2001 for
program activities for the period of September 30, 2002 to
September 30, 2003, provided that a grantee has dem-
onstrated satisfactory performance.
DEPARTMENT OF HEALTH AND HUMAN
SERVICES
HEALTH RESOURCES AND SERVICES ADMINISTRATION
HEALTH RESOURCES AND SERVICES
The matter preceding the first proviso under this head-
ing 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’’.
CENTERS FOR DISEASE CONTROL AND PREVENTION
DISEASE CONTROL, RESEARCH, AND TRAINING
For emergency expenses necessary to support activities
related to countering potential biological, disease, and
chemical threats to civilian populations and for carrying
out title III of the Public Health Service Act, $315,000,000,
to be available until expended. Of this amount, $37,000,000
shall be for improving security, including information tech-
nology security, and $278,000,000 shall be for equipment
and construction and renovation of facilities in Atlanta:
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Provided, That notwithstanding any other provision of law,
a single contract or related contracts for development and
construction of facilities may be employed which collectively
include the full scope of the project: Provided further, That
the solicitation and contract shall contain the clause ‘‘avail-
ability of funds’’ found at 48 CFS 52.232–18: Provided fur-
ther, That the entire amount is designated by the Congress
as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Def-
icit Control Act of 1985, as amended.
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.
For emergency expenses necessary to support activities
related to countering potential biological, disease, and
chemical threats to civilian populations, and for the study
of, construction of, renovation of, and acquisition of equip-
ment for, facilities of or used by the National Institutes of
Health, including the acquisition of real property,
$72,000,000 to remain available until expended: Provided,
That notwithstanding any other provision of law, a single
contract or related contracts for the development and con-
struction of facilities may be employed which collectively
include the full scope of the project: Provided further, That
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the solicitation and contract shall contain the clause ‘‘avail-
ability of funds’’ found at 48 CFS 52.232–18: Provided fur-
ther, That the entire amount is designated by the Congress
as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Def-
icit Control Act of 1985, as amended.
CENTERS FOR MEDICARE AND MEDICAID SERVICES
PROGRAM MANAGEMENT
That of the funds made available under this heading
in Public Law 107–116, $1,000,000 shall be awarded to the
Johns Hopkins School of Medicine for activities associated
with an in-home study of self-administered high frequency
chest oscillation therapy for patients with chronic obstruc-
tive pulmonary disease.
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, long-term health monitoring and
analysis for the emergency services personnel and 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
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an emergency requirement pursuant to section 251(b)(2)(A)
of the Balanced Budget and Emergency Deficit Control Act
of 1985, as amended.
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,
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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 $50,000 for the
Lewiston-Auburn 
College/University 
of 
Southern
Maine shall be deemed to read as follows: ‘‘Lewiston-
Auburn 
College/University 
of 
Southern 
Maine
TEAMS program to prepare teachers to meet the de-
mands of Maine’s 21st century elementary and mid-
dle schools, $50,000’’;
(3) 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 ac-
tivities, $250,000’’;
(4) the provision specifying $200,000 for the
Vermont Higher Education Council shall be deemed
to read as follows: ‘‘Vermont Higher Education Con-
sortium to develop universal early learning programs
to ensure that at least one certified teacher will be
available in center-based child care programs,
$200,000’’;
(5) the provision specifying $250,000 for Edu-
cation Service District 117 in Wenatchee, WA, shall
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be deemed to read as follows: ‘‘Education Service Dis-
trict 171 in Wenatchee, WA, to equip a community
technology center to expand technology-based training,
$250,000’’;
(6) 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’’;
(7) 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’’;
(8) the provision specifying $50,000 for Drug
Free Pennsylvania shall be deemed to read as follows:
‘‘Drug Free Pennsylvania to implement a demonstra-
tion project, $50,000’’;
(9) the provision specifying $20,000,000 for the
Commonwealth of Pennsylvania Department of Edu-
cation 
shall 
be 
deemed 
to 
read 
as 
follows:
‘‘$20,000,000 is included for a grant to the Common-
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wealth of Pennsylvania Department of Education to
provide assistance, through subgrants, to low-per-
forming school districts that are slated for potential
takeover and/or on the Education Empowerment List
as prescribed by Pennsylvania State Law. The initia-
tive is intended to improve the management and op-
erations of the school districts; assist with curriculum
development; provide after-school, summer and week-
end programs; offer teacher and principal profes-
sional development and promote the acquisition and
effective use of instructional technology and equip-
ment’’;
(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 Edu-
cation 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’’;
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(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 Edu-
cation program shall be deemed to read as follows:
‘‘American Theater Arts for Youth, Inc., in Philadel-
phia, Pennsylvania, for an Arts in Education pro-
gram, $25,000’’; and
(14) the provision specifying $50,000 for the
Lewiston-Auburn 
College/University 
of 
Southern
Maine shall be deemed to read as follows: ‘‘Lewiston-
Auburn College/University of Southern Maine CLASS
program to prepare teachers to meet the demands of
Maine’s 21st century elementary and middle schools,
$50,000’’.
STUDENT FINANCIAL ASSISTANCE
For an additional amount for ‘‘Student Financial As-
sistance’’ for carrying out subpart 1 of part A of title IV
of the Higher Education Act of 1965, as amended,
$1,000,000,000, to remain available through September 30,
2003: Provided, That the entire amount is designated by
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the Congress as an emergency requirement pursuant to sec-
tion 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
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’’ for ‘‘International’’;
(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 con-
tinue 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
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scholarships for students related to peace studies and
social change, $10,000,000’’; and
(4) the provision specifying $1,000,000 for Cleve-
land State University shall be deemed to read as fol-
lows: ‘‘Cleveland State University, College of Edu-
cation, Cleveland, Ohio, for a K–16 Urban School
Leadership initiative, $1,000,000’’.
EDUCATION RESEARCH, STATISTICS, AND ASSESSMENT
The matter under this heading in Public Law 107–
116, is amended by inserting before the period the following
new proviso: ‘‘: Provided further, That $5,000,000 shall be
available to extend for one additional year the contract for
the Eisenhower National Clearinghouse for Mathematics
and Science Education authorized under section 2102(a)(2)
of the Elementary and Secondary Education Act of 1965,
prior to its amendment by the No Child Left Behind Act
of 2001, Public Law 107–110’’.
GENERAL PROVISIONS, THIS CHAPTER
SEC. 801. The Elementary and Secondary Education
Act of 1965 is hereby amended in section 8003 by amending
subsection (b)(2)(D)(ii)(III) to read as follows: ‘‘For a local
educational 
agency 
that 
does 
not 
qualify 
under
(B)(i)(II)(aa) of this subsection and has an enrollment of
more than 100 but not more than 1,000 children described
in subsection (a)(1), the Secretary shall calculate the total
number of weighted student units for purposes of subsection
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(a)(2) by multiplying the number of such children by a fac-
tor of 1.25.’’.
SEC. 802. The Elementary and Secondary Education
Act of 1965 is hereby amended in section 8003(b)(1) by add-
ing 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 sub-
paragraph (C)(iii) for the previous year, the Sec-
retary 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 de-
partmental management for the Department of Labor, the
Department of Health and Human Services, and the De-
partment of Education, shall be reduced on a pro rata basis
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 Of-
fice of Management and Budget shall report to the House
and Senate Committees on Appropriations the accounts
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subject to the pro rata reductions and the amount to be re-
duced in each account.
SEC. 804. The Higher Education Amendments of 1998
are hereby amended in section 821 as follows:
(1) in subsection (b), by striking ‘‘25’’ and in-
serting ‘‘35’’;
(2) in subsection (e)(3), by striking ‘‘$1,500’’
and inserting ‘‘$2,000’’; and
(3) in subsection (f) by striking ‘‘25’’ and insert-
ing ‘‘35’’.
SEC. 805. (a) Section 487 of the Public Health Service
Act (42 U.S.C. 288) is amended by striking ‘‘National Re-
search 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 Serv-
ice 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 Na-
tional Research Service Awards’’.
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SEC. 806. 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 on the State of Alaska, including the imposition of
any penalties.
SEC. 807. LOCAL EDUCATIONAL AGENCY SERVING
NEW YORK CITY. Notwithstanding section 1124(c)(2) of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 6333(c)(2)), for fiscal year 2002, if the local edu-
cational agency serving New York City receives an alloca-
tion under section 1124 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6333) in an amount that
is greater than the amount received by the agency under
section 1124 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6333) for fiscal year 2001, then—
(1) the agency shall distribute any funds in ex-
cess of the amount of the fiscal year 2001 allocation
on an equal per-pupil basis consistent with section
1113(c) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6313(c)); and
(2) each county in New York City shall receive
an amount from the agency that is not less than the
amount the county received in fiscal year 2001.
SEC. 808. In the statement of the managers of the com-
mittee of conference accompanying the fiscal year 2001
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Labor, Health and Human Services, and Education appro-
priations bill (Public Law 106–554; House Report 106–
1033), the provision specifying $464,000 for the Bethel Na-
tive 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.
CHAPTER 9
LEGISLATIVE BRANCH
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, includ-
ing security equipment and installation, supplies, materials
and contract services, $3,600,000, to be disbursed by the
Capitol Police Board or their designee: Provided, That the
entire amount is designated by the Congress as an emer-
gency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of
1985, as amended.
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LIBRARY OF CONGRESS
COPYRIGHT OFFICE
SALARIES AND EXPENSES
For an additional amount for ‘‘Copyright Office, Sala-
ries and expenses’’, $7,500,000, 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 Emer-
gency Deficit Control Act of 1985, as amended.
GENERAL PROVISIONS, THIS CHAPTER
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 Sec-
retary 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 ter-
rorist attacks of September 11, 2001, or the discovery
of anthrax in the Senate complex and the displace-
ment of Senate offices due to such discovery.
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SEC. 902. (a) Chapter 9 of the Emergency Supple-
mental 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 ef-
fect as if included in the enactment of the Emergency Sup-
plemental Act, 2002.
SEC. 903. (a) Section 909(a) of chapter 9 of the Emer-
gency Supplemental Act, 2002 (40 U.S.C. 207b–2; Public
Law 107–117; 115 Stat. 2320) (in this section referred to
as the ‘‘Act’’) is amended—
(1) in paragraph (1), by striking ‘‘determines
that the Capitol Police would be likely, in the absence
of such a bonus, to encounter difficulty in filling the
position’’ and inserting ‘‘, in the sole discretion of the
Board, determines that such a bonus will assist the
Capitol Police in recruitment efforts’’; and
(2) by adding at the end the following:
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‘‘(6) DETERMINATIONS NOT APPEALABLE OR RE-
VIEWABLE.—Any determination of the Board under
this subsection shall not be appealable or reviewable
in any manner.’’.
(b) Section 909(b) of the Act is amended—
(1) in paragraph (1)—
(A) by striking subparagraphs (A) and (B);
and
(B) by striking ‘‘if—’’ and inserting ‘‘if the
Board, in the sole discretion of the Board, deter-
mines that such a bonus will assist the Capitol
Police in retention efforts.’’; and
(2) in paragraph (3), by striking ‘‘the reduction
or the elimination of a retention allowance may not
be appealed’’ and inserting ‘‘any determination of the
Board under this subsection, or the reduction or
elimination of a retention allowance, shall not be ap-
pealable or reviewable in any manner’’.
(c) Section 909 of the Act is amended—
(1) by redesignating subsections (f) and (g) as
subsections (g) and (h), respectively; and
(2) by inserting after subsection (e) the following:
‘‘(f) TUITION
ALLOWANCES.—The Capitol Police
Board may authorize the Chief to pay tuition allowances
for payment or reimbursement of education expenses in the
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same manner and to the same extent as retention allow-
ances under subsection (b).’’.
SEC. 904. (a) The Architect of the Capitol is author-
ized, subject to the availability of appropriations, to acquire
(through purchase, lease, or otherwise) buildings and facili-
ties for use as computer backup facilities (and related uses)
for offices in the legislative branch.
(b) The acquisition of a building or facility under sub-
section (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 ac-
quired for the use of an office of the Senate; or
(3) the House Office Building Commission and
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.
(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
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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.
CHAPTER 10
DEPARTMENT OF TRANSPORTATION
TRANSPORTATION SECURITY ADMINISTRATION
For additional amounts for emergency expenses to en-
sure transportation security, $4,702,525,000, 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, $200,000,000 shall be for port security grants under
the same terms and conditions as provided for under Public
Law 107–117; $20,000,000 shall be used to enable the
Under Secretary for Transportation Security to make
grants and enter into contracts to enhance security for
intercity bus operations; and $27,945,000 shall be used to
enable said Under Secretary to make grants, enter into con-
tracts and execute interagency agreements for the purpose
of deploying Operation Safe Commerce.
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U.S. COAST GUARD
OPERATING EXPENSES
For an additional amount for ‘‘Operating Expenses’’
for 
emergency 
expenses 
for 
homeland 
security,
$318,400,000, to remain available until September 30,
2003: Provided, That the entire amount is designated by
the Congress as an emergency requirement pursuant to sec-
tion 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS
For an additional amount for ‘‘Acquisition, Construc-
tion, and Improvements’’ for emergency expenses for home-
land security, $347,700,000, to remain available until Sep-
tember 30, 2004: Provided, That the entire amount is des-
ignated by the Congress as an emergency requirement pur-
suant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
FEDERAL AVIATION ADMINISTRATION
OPERATIONS
For 
an 
additional 
amount 
for 
‘‘Operations’’,
$100,000,000, 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.
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FACILITIES AND EQUIPMENT
(AIRPORT AND AIRWAY TRUST FUND)
For an additional amount for ‘‘Facilities and Equip-
ment’’, $15,000,000, to be derived from the Airport and Air-
way Trust Fund and to remain available until expended:
Provided, That the entire amount is designated by the Con-
gress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Def-
icit Control Act of 1985, as amended.
GRANTS-IN-AID FOR AIRPORTS
(AIRPORT AND AIRWAY TRUST FUND)
For an additional amount to enable the Federal Avia-
tion Administrator to compensate airports for the direct
costs associated with new, additional or revised security re-
quirements imposed on airport operators by the Adminis-
trator on or after September 11, 2001, notwithstanding any
other provision of law, $100,000,000, to be derived from the
Airport and Airway Trust Fund and to remain available
until expended: Provided, That the entire amount is des-
ignated by the Congress as an emergency requirement pur-
suant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
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FEDERAL HIGHWAY ADMINISTRATION
FEDERAL-AID HIGHWAYS
EMERGENCY RELIEF PROGRAM
(HIGHWAY TRUST FUND)
For an additional amount for ‘‘Emergency Relief Pro-
gram’’, as authorized by 23 U.S.C. 125, for emergency ex-
penses to respond to the September 11, 2001, terrorist at-
tacks 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 notwith-
standing 23 U.S.C. 120(e), the Federal share for any project
on a Federal-aid highway related to the New York City ter-
rorist 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 pro-
grams 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.
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FEDERAL-AID HIGHWAYS
EMERGENCY RELIEF PROGRAM
(HIGHWAY TRUST FUND)
For an additional amount for the ‘‘EMERGENCY RE-
LIEF PROGRAM’’, as authorized by section 125 of title 23,
United States Code, $120,000,000, to be derived from the
Highway Trust Fund and to remain available until ex-
pended: Provided, That the amount made available under
this paragraph shall be used solely for eligible but uncom-
pensated applications pending as of May 28, 2002, includ-
ing $13,411,000 for projects in the State of Washington
stemming from the Nisqually earthquake and other disas-
ters, and up to $12,000,000 for emergency expenses to re-
spond to the May 26, 2002 Interstate 40 bridge collapse over
the Arkansas River in Oklahoma.
FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION
BORDER ENFORCEMENT PROGRAM
For necessary expenses of the Border Enforcement Pro-
gram to respond to the September 11, 2001, terrorist attacks
on the United States, $19,300,000, to be derived from the
Highway Trust Fund, of which $4,200,000 shall be to im-
plement section 1012 of Public Law 107–56 (USA Patriot
Act); $10,000,000 shall be for drivers’ license fraud detec-
tion and prevention, northern border safety and security
study, and hazardous material security education and out-
reach; and $5,100,000 shall be for the purposes of coordi-
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nating drivers’ license registration and social security num-
ber 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 en-
tire amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985,
as amended.
FEDERAL RAILROAD ADMINISTRATION
GRANTS TO THE NATIONAL RAILROAD PASSENGER
CORPORATION
For an additional amount for the National Railroad
Passenger Corporation for emergency expenses to ensure the
safety of rail passenger operations, $55,000,000, to remain
available until expended, of which $20,000,000 shall be used
to repair damaged passenger equipment, $12,000,000 shall
be used for emergency security needs, and $23,000,000 shall
be used for the heavy overhaul of the rail passenger fleet.
FEDERAL TRANSIT ADMINISTRATION
CAPITAL INVESTMENT GRANTS
For an additional amount for ‘‘Capital Investment
Grants’’ for emergency expenses to respond to the September
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11, 
2001, 
terrorist 
attacks 
in 
New 
York 
City,
$1,800,000,000, to remain available until expended, to re-
place, 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 one per-
cent of this amount for oversight activities: Provided fur-
ther, 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 per-
cent: Provided further, That these funds are in addition to
any other appropriation available for these purposes: Pro-
vided 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 Def-
icit Control Act of 1985, as amended.
RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION
RESEARCH AND SPECIAL PROGRAMS
For an additional amount for ‘‘Research and Special
Programs’’ to establish a Transportation Information Oper-
ations Center for improving transportation emergency re-
sponse coordination, $3,500,000: Provided, That the entire
amount is designated by the Congress as an emergency re-
quirement pursuant to section 251(b)(2)(A) of the Balanced
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Budget and Emergency Deficit Control Act of 1985, as
amended.
GENERAL PROVISIONS, THIS CHAPTER
SEC. 1001. Section 1106 of Public Law 107–117 is
amended by deleting ‘‘$116,023,000’’ and inserting
‘‘$128,123,000’’.
SEC. 1002. Section 1102 of Public Law 105–178 is
amended by adding at the end the following:
‘‘(k) Notwithstanding any other provision of law, the
obligations for Federal-aid highway and highway safety
construction programs for fiscal year 2003 shall be not less
than 
$27,746,000,000 
and 
not 
more 
than
$28,900,000,000.’’.
SEC. 1003. Title II of Division C of Public Law 105–
277 is amended by striking ‘‘of more than 750 gross reg-
istered tons’’ in each place it appears, and inserting in lieu
thereof, ‘‘of more than 750 gross registered tons (as meas-
ured under Chapter 145 of Title 46) or 1,900 gross reg-
istered tons as measured under Chapter 143 of that Title)’’.
SEC. 1004. Section 335 of Public Law 107–87 is
amended by inserting ‘‘and the Transportation Security
Administration’’ after ‘‘the Federal Aviation Administra-
tion’’; by inserting ‘‘, aviation security’’ after ‘‘air naviga-
tion’’, and by inserting ‘‘and the TSA for necessary security
checkpoints’’ after the word ‘‘facilities’’.
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SEC. 1005. Section 354 of Public Law 106–346 (114
Stat. 1356A–35) is amended by inserting ‘‘or Nail Road’’
after ‘‘Star Landing Road’’.
SEC. 1006. Notwithstanding any other provision of
law, $2,750,000 of amounts made available for ‘‘Intelligent
Transportation Systems’’ in Public Law 107–87 and Pub-
lic Law 106–346 shall be made available for activities au-
thorized under section 5118 of Public Law 105–178.
SEC. 1007. Not later than 30 days after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall submit to Congress a
report—
(A) explaining how the Administrator will ad-
dress the air traffic controller staffing shortage at
Newark International Airport; and
(B) providing a deadline by which the airport
will have an adequate number of air traffic control-
lers.
SEC. 1008. The $300,000 made available to the State
of Idaho under the matter under the heading ‘‘JOB ACCESS
AND REVERSE COMMUTE GRANTS’’ under the heading
‘‘FEDERAL TRANSIT ADMINISTRATION’’ in title I of
the Department of Transportation and Related Agencies
Appropriations Act, 2002 (Public Law 107–87; 115 Stat.
852), shall be deemed to have been made available to the
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State of Idaho to carry out a job training and supportive
services program under section 140(b) of title 23, United
States Code.
CHAPTER 11
DEPARTMENT OF THE TREASURY
FINANCIAL MANAGEMENT SERVICE
SALARIES AND EXPENSES
(RESCISSION)
Of the available balances under this heading,
$14,000,000 are rescinded.
UNITED STATES CUSTOMS SERVICE
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Ex-
penses’’, $59,000,000, to remain available until expended:
Provided, That the entire amount is designated by the Con-
gress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Def-
icit Control Act of 1985, as amended: Provided further,
That $10,000,000 is authorized for reimbursing State and
local law enforcement agencies that have provided necessary
Federal assistance to personnel of the United States Cus-
toms Service, along the Northern Border of the United
States.
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INTERNAL REVENUE SERVICE
INFORMATION SYSTEMS
(RESCISSION)
Of the available balances under this heading,
$10,000,000 are rescinded.
UNITED STATES SECRET SERVICE
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Ex-
penses’’, $17,200,000: 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.
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 ex-
pended: Provided, That the entire amount is designated by
the Congress as an emergency requirement pursuant to sec-
tion 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
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EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF ADMINISTRATION
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Ex-
penses’’, $5,000,000, to remain available until expended:
Provided, That the entire amount is designated by the Con-
gress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Def-
icit Control Act of 1985, as amended: Provided further,
That none of these funds may be obligated until the Senate
confirms a Director for Homeland Security in the Office
of Homeland Security pursuant to section 1102 of this Act.
INDEPENDENT AGENCIES
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, $51,800,000: 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.
POLICY AND OPERATIONS
For an additional amount for ‘‘Policy and Oper-
ations’’ for emergency expenses related to vulnerabilities in
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internet data transmission capability, $2,500,000, to re-
main available until September 30, 2003: Provided, That
the entire amount is designated by Congress as an emer-
gency 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. For purposes of section 201(a) of the Fed-
eral Property and Administrative Services Act of 1949 (re-
lating to Federal sources of supply, including lodging pro-
viders, airlines and other transportation providers), the Ei-
senhower Exchange Fellowship Program shall be deemed an
executive agency for the purposes of carrying out the provi-
sions of 20 U.S.C. 5201, and the employees of and partici-
pants 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.
SEC. 1102. DIRECTOR FOR HOMELAND SECURITY. (a)
IN GENERAL.—There is established the position of Director
for Homeland Security in the Office of Homeland Security
established under section 1 of Executive order No. 13228.
The Director for Homeland Security shall be the head of
that Office, after appointment by the President, by and with
the advice and consent of the Senate.
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(b) EFFECTIVE DATE.—This section shall take effect
30 days after the date of enactment of this Act.
CHAPTER 12
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 ex-
pended.
VETERANS HEALTH ADMINISTRATION
MEDICAL CARE
For an additional amount for ‘‘Medical care’’ resulting
from continued open enrollment for Priority Level 7 vet-
erans, $142,000,000.
For an additional amount for ‘‘Medical care’’,
$275,000,000: Provided, That the entire amount is des-
ignated by the Congress as an emergency requirement pur-
suant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT
PUBLIC AND INDIAN HOUSING
HOUSING CERTIFICATE FUND
(RESCISSION)
Of the amounts unobligated or recaptured, prior to
September 30, 2002, from funds appropriated under this
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heading during fiscal year 2002 and prior years,
$300,000,000 are rescinded.
COMMUNITY PLANNING AND DEVELOPMENT
COMMUNITY DEVELOPMENT FUND
For an additional amount for ‘‘Community Develop-
ment Fund’’, as authorized by title I of the Housing and
Community Development Act of 1974, as amended, for
emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, $750,000,000, to re-
main 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 (in-
cluding the restoration of utility infrastructure) damaged
by, and for economic revitalization directly related to, the
terrorist attacks on the United States that occurred on Sep-
tember 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 for-
mula allocation used to achieve these same purposes: Pro-
vided 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 such Act used for economic revitalization ac-
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tivities 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 con-
nection with the obligation by the Secretary or the use by
the recipient of these funds or guarantees (except for re-
quirements 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 re-
ceived by the State of New York, New York City, or any
categorical application for other Federal assistance: Pro-
vided further, That the Secretary shall publish in the Fed-
eral 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 five days before the effective date of such waiver:
Provided further, That the Secretary shall notify the Com-
mittees on Appropriations on the proposed allocation of any
funds and any related waivers pursuant to this section no
later than five 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.
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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 strik-
ing ‘‘$250,000 for renovation, accessibility, and asbestos re-
mediation for the Wellstone Neighborhood Center, Wellstone,
Missouri’’ and insert in lieu thereof ‘‘$250,000 for the St.
Louis Economic Council for design, infrastructure and con-
struction related to the Enterprise Center-Wellstone in
Wellstone, Missouri’’.
The referenced statement of the managers under the
heading ‘‘Community Development Fund’’ in title II of
Public Law 106–377 is deemed to be amended by striking
‘‘$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 of-
fices’’.
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, PA for the development
of the Morgantown Road Industrial Park on what is cur-
rently a brownfields site’’ and insert in lieu thereof
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‘‘$400,000 for the City of Reading, PA 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 Ex-
pertise 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 and Expertise School
of Las Vegas, Nevada for construction of a child care facil-
ity and $500,000 for job training’’.
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
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 bal-
ances 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 re-
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sulting from the prepayment of mortgages subsidized under
section 236 of the National Housing Act (12 U.S.C. 1715z–
1) shall be made available as provided in section 236(s)
of the National Housing Act.
INDEPENDENT AGENCIES
ENVIRONMENTAL PROTECTION AGENCY
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 De-
velopment District for Carroll County Wastewater Infra-
structure Project ($500,000), City of Owenton Water Collec-
tion and Treatment System Improvements and Freshwater
Intake Project ($400,000), Grant County Williamstown
Lake Expansion Study ($50,000), and Pendleton County
Williamstown Lake Expansion Study ($50,000)’’.
SCIENCE AND TECHNOLOGY
For an additional amount for ‘‘Science and tech-
nology’’, $100,000,000: 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.
HAZARDOUS SUBSTANCE SUPERFUND
For an additional amount for ‘‘Hazardous substance
superfund’’ for additional expenses incurred for anthrax in-
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vestigations and cleanup actions at the United States Cap-
itol and the Congressional office building complex,
$12,500,000: Provided, That the entire amount is des-
ignated by the Congress as an emergency requirement pur-
suant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
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, $2,660,000,000, to
remain available until expended: Provided, That in admin-
istering 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 im-
pacted 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)
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of the Balanced Budget and Emergency Deficit Control Act
of 1985, as amended.
EMERGENCY MANAGEMENT PLANNING AND ASSISTANCE
For an additional amount for ‘‘Emergency manage-
ment planning and assistance’’ for emergency expenses to
respond to the September 11, 2001, terrorist attacks on the
United States, $745,000,000, of which $175,000,000 is for
FEMA to make available to the States for State and local
all hazards operational planning including response plan-
ning for natural and man-made disasters including ter-
rorism; $300,000,000 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.); $92,000,000 for the
existing national urban search and rescue system;
$115,000,000 for interoperable communications equipment;
$56,000,000 for grants to state and local governments for
emergency operations centers; and $7,000,000 for secure
communications equipment and associated facility im-
provements and maintenance for state emergency oper-
ations centers: Provided, That the entire amount is des-
ignated by the Congress as an emergency requirement pur-
suant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
CERRO GRANDE FIRE CLAIMS
For an additional amount for ‘‘Cerro Grande Fire
Claims’’, $80,000,000 for claims resulting from the Cerro
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Grande fires: Provided, That the entire amount is des-
ignated by the Congress as an emergency requirement pur-
suant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
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: Provided, That the en-
tire amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985,
as amended.
GENERAL PROVISIONS, THIS CHAPTER
SEC. 1201. The Secretary of Housing and Urban De-
velopment shall continue to administer the Disposition of
Assets in Revitalization Areas program as provided in sec-
tion 602 of Public Law 105–276 and the Secretary shall
renew all contracts and enter into new contracts with eligi-
ble participants in a manner consistent with the require-
ments of such section.
SEC. 1202. The Secretary of Housing and Urban De-
velopment 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
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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, cur-
rent or intended owner of the property or to the local unit
of government in which the property is located).
SEC. 1203. For purposes of assessing the use of Staf-
ford Apartments (FHA Project No: 052–44163) as student
housing, notwithstanding any other provision of law—
(1) such property shall not be considered an eli-
gible multifamily housing project pursuant to section
512(2) of MAHRAA for a period not to exceed 24
months from the date of enactment of this amend-
ment, and the Secretary shall offer to extend the cur-
rent Section 8 contract at rent levels as in effect dur-
ing fiscal year 2001, subject to annual operating cost
adjustment factor increases, for a continuous period
commencing October 1, 2001 not to exceed 24 months
from the date of enactment of this amendment, pro-
vided that such contract shall be extended further at
such rent levels to accomplish a mortgage restruc-
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turing if required after such 24 month period for a
period of the earlier of one year or the closing of the
restructuring plan as set forth in the regulations pro-
mulgated at 24 CFR Part 401 as now in effect;
(2) subject to the concurrence by the Secretary of
a relocation plan for current tenants, all of the units
in the projects may be available for student housing
notwithstanding any federal use restrictions including
those required pursuant to Section 201 of the Housing
and Community Development Amendments of 1978,
as amended, and Section 250 of the National Housing
Act, as amended; and
(3) upon the concurrence by the Secretary of
such relocation plan, all of the tenants of the project
shall be relocated, and any rights of tenants to elect
to remain in the project pursuant to the provisions of
Section 8(t)(1)(B) of the United States Housing Act
of 1937, as amended, shall not apply.
TITLE II—GENERAL PROVISIONS
SEC. 2001. No part of any appropriation contained
in this Act shall remain available for obligation beyond the
current fiscal year unless expressly so provided in this Act.
SEC. 2002. (a) IN GENERAL.—Any amount appro-
priated in this Act that is designated by the Congress as
an emergency requirement pursuant to section 251(b)(2)(A)
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of the Balanced Budget and Emergency Deficit Control Act
of 1985, as amended, shall not be available for obligation
unless all such amounts appropriated in this Act are des-
ignated by the President, upon enactment of this Act, as
emergency requirements pursuant to that section.
(b) EXCEPTION.—Subsection (a) shall not apply to
chapter 3 of title I.
SEC. 2003. (a) The Senate finds that—
(1) the Federal Bureau of Investigation is the
principle investigative arm of the Department of Jus-
tice;
(2) the Federal Bureau of Investigation has the
authority and responsibility to investigate specific
crimes assigned to it, including violations concerning
organized crime and drugs, civil rights, violent
crimes, financial crimes, counterterrorism, and for-
eign counterintelligence; and
(3) the mission of the Federal Bureau of Inves-
tigation is—
(A) to uphold the law through the investiga-
tion of violations of Federal criminal law;
(B) to protect the United States from for-
eign intelligence and terrorist activities;
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(C) provide leadership and law enforcement
assistance to Federal, State, local, and inter-
national agencies; and
(D) to perform these responsibilities in a
manner that is responsive to the needs of the
public and is faithful to the Constitution of the
United States.
(b) It is the sense of the Senate that—
(1) the reorganization of the Federal Bureau of
Investigation is a positive and important response to
challenges posed by the increased threat of terrorism
and that continued constructive dialog between FBI
Director Robert Mueller and Congress will help make
the reorganization a success;
(2) the Federal Bureau of Investigation shall
continue to allocate adequate resources for the purpose
of investigating all crimes under its jurisdiction;
(3) the reallocation of agents and resources to
counterterrorism investigations should not hamper the
ability of the Federal Bureau of Investigation to in-
vestigate crimes involving drugs; and
(4) sufficient homeland security resources should
be made available to State and local law enforcement
and public safety officials to enable them to meet their
responsibilities as the Nation’s first responders.
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SEC. 2004. 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 insert-
ing 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 subcon-
tracting goals under section 502 of P.L. 100–
656, provided that where lower tier subcontrac-
tors exist, the entity shall designate the appro-
priate contractor or contractors to receive such
credit’’; and
(2) paragraph (C) is amended by striking ‘‘sub-
section (e)(2)’’ and inserting ‘‘subsection (e)(1) or
(e)(2)’’.
TITLE III—AMERICAN SERVICE-
MEMBERS’ PROTECTION ACT
SEC. 3001. SHORT TITLE.
This 
title 
may 
be 
cited 
as 
the 
‘‘American
Servicemembers’ Protection Act of 2002’’.
SEC. 3002. FINDINGS.
Congress makes the following findings:
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(1) On July 17, 1998, the United Nations Diplo-
matic Conference of Plenipotentiaries on the Estab-
lishment 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 Stat-
ute.
(2) As of April 30, 2001, 139 countries had
signed the Rome Statute and 30 had ratified it. Pur-
suant 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 Pre-
paratory Commission for the International Criminal
Court has met regularly to draft documents to imple-
ment 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 fol-
lowing the adoption of the Rome Statute, the lead
United States negotiator, Ambassador David Scheffer
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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 re-
sult, he stated: ‘‘We are left with consequences that do
not serve the cause of international justice.’’
(5) Ambassador Scheffer went on to tell the Con-
gress that: ‘‘Multinational peacekeeping forces oper-
ating 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 trea-
ty. Thus, the treaty purports to establish an arrange-
ment whereby United States armed forces operating
overseas could be conceivably prosecuted by the inter-
national court even if the United States has not
agreed to be bound by the treaty. Not only is this con-
trary to the most fundamental principles of treaty
law, it could inhibit the ability of the United States
to use its military to meet alliance obligations and
participate in multinational operations, including
humanitarian interventions to save civilian lives.
Other contributors to peacekeeping operations will be
similarly exposed.’’.
(6) Notwithstanding these concerns, President
Clinton directed that the United States sign the Rome
Statute on December 31, 2000. In a statement issued
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that day, he stated that in view of the unremedied de-
ficiencies 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 funda-
mental concerns are satisfied’’.
(7) Any American prosecuted by the Inter-
national Criminal Court will, under the Rome Stat-
ute, 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 obliga-
tion to protect the members of its Armed Forces, to
the maximum extent possible, against criminal pros-
ecutions 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 inter-
national criminal prosecution, the Rome Statute cre-
ates a risk that the President and other senior elected
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and appointed officials of the United States Govern-
ment may be prosecuted by the International Crimi-
nal Court. Particularly if the Preparatory Commis-
sion agrees on a definition of the Crime of Aggression
over United States objections, senior United States of-
ficials may be at risk of criminal prosecution for na-
tional security decisions involving such matters as re-
sponding to acts of terrorism, preventing the pro-
liferation of weapons of mass destruction, and deter-
ring 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 Aggres-
sion 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 inter-
national law that a treaty is binding upon its parties
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only and that it does not create obligations for non-
parties without their consent to be bound. The United
States is not a party to the Rome Statute and will
not be bound by any of its terms. The United States
will not recognize the jurisdiction of the International
Criminal Court over United States nationals.
SEC. 3003. WAIVER AND TERMINATION OF PROHIBITIONS
OF THIS TITLE.
(a) AUTHORITY TO INITIALLY WAIVE SECTIONS 3005
AND 3007.—The President is authorized to waive the prohi-
bitions and requirements of sections 3005 and 3007 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 com-
mittees 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 un-
dertaken by them in an official capacity:
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(i) covered United States persons;
(ii) covered allied persons; and
(iii) individuals who were covered
United States persons or covered allied per-
sons; and
(B) ensures that no person described in sub-
paragraph (A) will be arrested, detained, pros-
ecuted, or imprisoned by or on behalf of the
International Criminal Court.
(b) AUTHORITY TO EXTEND WAIVER OF SECTIONS
3005 AND 3007.—The President is authorized to waive the
prohibitions and requirements of sections 3005 and 3007
for successive periods of 1 year each upon the expiration
of a previous waiver pursuant to subsection (a) or this sub-
section. 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 com-
mittees 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—
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(i) prohibits the International Crimi-
nal Court from seeking to exercise jurisdic-
tion 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 cov-
ered United States persons or covered
allied persons; and
(ii) ensures that no person described in
clause (i) will be arrested, detained, pros-
ecuted, 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 3004 AND 3006
WITH RESPECT TO AN INVESTIGATION OR PROSECUTION OF
A NAMED INDIVIDUAL.—The President is authorized to
waive the prohibitions and requirements of sections 3004
and 3006 to the degree such prohibitions and requirements
would prevent United States cooperation with an investiga-
tion or prosecution of a named individual by the Inter-
national Criminal Court. A waiver under this subsection
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may be issued only if the President at least 15 days in ad-
vance of exercising such authority—
(1) notifies the appropriate congressional com-
mittees 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 sec-
tions 3005 and 3007 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 ac-
tions by the named individual, none of the fol-
lowing persons will be investigated, arrested, de-
tained, prosecuted, or imprisoned by or on behalf
of the International Criminal Court with respect
to actions undertaken by them in an official ca-
pacity:
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(i) Covered United States persons.
(ii) Covered allied persons.
(iii) Individuals who were covered
United States persons or covered allied per-
sons.
(d) TERMINATION OF WAIVER PURSUANT TO SUB-
SECTION (c).—Any waiver or waivers exercised pursuant
to subsection (c) of the prohibitions and requirements of sec-
tions 3004 and 3006 shall terminate at any time that a
waiver pursuant to subsection (a) or (b) of the prohibitions
and requirements of sections 3005 and 3007 expires and
is not extended pursuant to subsection (b).
(e) TERMINATION OF PROHIBITIONS OF THIS TITLE.—
The prohibitions and requirements of sections 3004, 3005,
3006, and 3007 shall cease to apply, and the authority of
section 3008 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. 3004. PROHIBITION ON COOPERATION WITH THE
INTERNATIONAL CRIMINAL COURT.
(a) APPLICATION.—The provisions of this section—
(1) apply only to cooperation with the Inter-
national Criminal Court and shall not apply to co-
operation with an ad hoc international criminal tri-
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bunal established by the United Nations Security
Council before or after the date of the enactment of
this Act to investigate and prosecute war crimes com-
mitted in a specific country or during a specific con-
flict; and
(2) shall not prohibit—
(A) any action permitted under section
3008; or
(B) communication by the United States of
its policy with respect to a matter.
(b) PROHIBITION ON RESPONDING TO REQUESTS FOR
COOPERATION.—Notwithstanding section 1782 of title 28,
United States Code, or any other provision of law, no
United States Court, and no agency or entity of any State
or local government, including any court, may cooperate
with the International Criminal Court in response to a re-
quest for cooperation submitted by the International Crimi-
nal Court pursuant to the Rome Statute.
(c) PROHIBITION ON TRANSMITTAL OF LETTERS ROG-
ATORY 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
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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 INTER-
NATIONAL 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 extra-
dite 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 Inter-
national 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, in-
cluding any court, may provide support to the Inter-
national Criminal Court.
(f) PROHIBITION ON USE OF APPROPRIATED FUNDS
TO ASSIST THE INTERNATIONAL CRIMINAL COURT.—Not-
withstanding any other provision of law, no funds appro-
priated under any provision of law may be used for the
purpose of assisting the investigation, arrest, detention, ex-
tradition, or prosecution of any United States citizen or
permanent resident alien by the International Criminal
Court.
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(g) RESTRICTION ON ASSISTANCE PURSUANT TO MU-
TUAL LEGAL ASSISTANCE TREATIES.—The United States
shall exercise its rights to limit the use of assistance pro-
vided under all treaties and executive agreements for mu-
tual legal assistance in criminal matters, multilateral con-
ventions with legal assistance provisions, and extradition
treaties, to which the United States is a party, and in con-
nection with the execution or issuance of any letter roga-
tory, to prevent the transfer to, or other use by, the Inter-
national 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 Crimi-
nal Court.
SEC. 3005. RESTRICTION ON UNITED STATES PARTICIPA-
TION IN CERTAIN UNITED NATIONS PEACE-
KEEPING 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
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Council to ensure that each resolution of the Security Coun-
cil authorizing any peacekeeping operation under chapter
VI of the charter of the United Nations or peace enforcement
operation under chapter VII of the charter of the United
Nations permanently exempts, at a minimum, members of
the Armed Forces of the United States participating in such
operation from criminal prosecution or other assertion of
jurisdiction by the International Criminal Court for ac-
tions 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 Na-
tions 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 pursu-
ant 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
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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 Crimi-
nal Court for actions undertaken by them in connec-
tion 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
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(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 en-
forcement operation.
SEC. 3006. PROHIBITION ON DIRECT OR INDIRECT TRANS-
FER OF CLASSIFIED NATIONAL SECURITY IN-
FORMATION AND LAW ENFORCEMENT INFOR-
MATION TO THE INTERNATIONAL CRIMINAL
COURT.
(a) IN GENERAL.—Not later than the date on which
the Rome Statute enters into force, the President shall en-
sure 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, ap-
prehension, or prosecution.
(b) INDIRECT TRANSFER.—The procedures adopted
pursuant to subsection (a) shall be designed to prevent the
transfer to the United Nations and to the government of
any country that is party to the International Criminal
Court of classified national security information and law
enforcement information that specifically relates to matters
known to be under investigation or prosecution by the Inter-
national Criminal Court, except to the degree that satisfac-
tory assurances are received from the United Nations or
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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, ap-
prehension, or prosecution.
(c) CONSTRUCTION.—The provisions of this section
shall not be construed to prohibit any action permitted
under section 3008.
SEC. 3007. PROHIBITION OF UNITED STATES MILITARY AS-
SISTANCE 
TO 
PARTIES 
TO 
THE 
INTER-
NATIONAL 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 prohibi-
tion of subsection (a) with respect to a particular country
if he determines and reports to the appropriate congres-
sional committees that it is important to the national inter-
est 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
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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 pro-
ceeding 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 Aus-
tralia, Egypt, Israel, Japan, Jordan, Argentina, the
Republic of Korea, and New Zealand); or
(3) Taiwan.
SEC. 3008. AUTHORITY TO FREE MEMBERS OF THE ARMED
FORCES OF THE UNITED STATES AND CER-
TAIN OTHER PERSONS DETAINED OR IMPRIS-
ONED BY OR ON BEHALF OF THE INTER-
NATIONAL CRIMINAL COURT.
(a) AUTHORITY.—The President is authorized to use
all means necessary and appropriate to bring about the re-
lease 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.
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(b) PERSONS AUTHORIZED TO BE FREED.—The au-
thority of subsection (a) shall extend to the following per-
sons:
(1) Covered United States persons.
(2) Covered allied persons.
(3) Individuals detained or imprisoned for offi-
cial actions taken while the individual was a covered
United States person or a covered allied person, and
in the case of a covered allied person, upon the re-
quest 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 assist-
ance 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 assist-
ance 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
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Court pursuant to Article 18 or 19 of the Rome Stat-
ute, or before the courts or tribunals of any country.
(d) BRIBES AND OTHER INDUCEMENTS NOT AUTHOR-
IZED.—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. 3009. ALLIANCE COMMAND ARRANGEMENTS.
(a) REPORT
ON
ALLIANCE
COMMAND
ARRANGE-
MENTS.—Not later than 6 months after the date of the en-
actment 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 con-
text 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 re-
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sult of being placed under the command or oper-
ational control of foreign military officers subject to
the jurisdiction of the International Criminal Court.
(b) DESCRIPTION OF MEASURES TO ACHIEVE EN-
HANCED PROTECTION
FOR MEMBERS
OF
THE ARMED
FORCES OF THE UNITED STATES.—Not later than 1 year
after the date of the enactment of this Act, the President
should transmit to the appropriate congressional commit-
tees a description of modifications to command and oper-
ational 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 sub-
mitted in classified form.
SEC. 3010. WITHHOLDINGS.
Funds withheld from the United States share of assess-
ments to the United Nations or any other international or-
ganization during any fiscal year pursuant to section 705
of the Admiral James W. Nance and Meg Donovan Foreign
Relations Authorization Act, Fiscal Years 2000 and 2001
(as enacted by section 1000(a)(7) of Public Law 106–113;
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113 Stat. 1501A–460), are authorized to be transferred to
the Embassy Security, Construction and Maintenance Ac-
count of the Department of State.
SEC. 3011. APPLICATION OF SECTIONS 3004 AND 3006 TO EX-
ERCISE OF CONSTITUTIONAL AUTHORITIES.
(a) IN GENERAL.—Sections 3004 and 3006 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 3004 or
3006, the President shall submit a notification of such
action to the appropriate congressional committees. A
notification under this paragraph shall include a de-
scription of the action, a determination that the ac-
tion is in the national interest of the United States,
and a justification for the action.
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(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 ac-
tivity, not later than 15 days after the President takes
or directs an action or actions referred to in para-
graph (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. 3012. NONDELEGATION.
The authorities vested in the President by sections
3003 and 3011(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 3005(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
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than the Secretary of Defense, and if so delegated may not
be subdelegated.
SEC. 3013. DEFINITIONS.
As used in this title and in section 706 of the Admiral
James W. Nance and Meg Donovan Foreign Relations Au-
thorization Act, Fiscal Years 2000 and 2001:
(1) 
APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional commit-
tees’’ means the Committee on International Relations
of the House of Representatives and the Committee on
Foreign Relations of the Senate.
(2) CLASSIFIED NATIONAL SECURITY INFORMA-
TION.—The term ‘‘classified national security infor-
mation’’ means information that is classified or clas-
sifiable under Executive Order 12958 or a successor
Executive order.
(3) COVERED ALLIED PERSONS.—The term ‘‘cov-
ered allied persons’’ means military personnel, elected
or appointed officials, and other persons employed by
or working on behalf of the government of a NATO
member country, a major non-NATO ally (including
Australia, Egypt, Israel, Japan, Jordan, Argentina,
the Republic of Korea, and New Zealand), or Taiwan,
for so long as that government is not a party to the
International Criminal Court and wishes its officials
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and other persons working on its behalf to be exempt-
ed 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 ac-
cordance 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 es-
tablished 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 For-
eign Assistance Act of 1961.
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(8) PARTICIPATE IN ANY PEACEKEEPING OPER-
ATION 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 ‘‘participate in any
peacekeeping operation under chapter VI of the char-
ter of the United Nations or peace enforcement oper-
ation 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 mili-
tary command structure as part of a peacekeeping op-
eration 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 con-
trol of one or more foreign military officers not ap-
pointed 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 Crimi-
nal Court’’ means a government that has deposited an
instrument of ratification, acceptance, approval, or
accession to the Rome Statute, and has not with-
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drawn from the Rome Statute pursuant to Article 127
thereof.
(10) PEACEKEEPING OPERATION UNDER CHAP-
TER VI OF THE CHARTER OF THE UNITED NATIONS
OR PEACE ENFORCEMENT OPERATION UNDER CHAP-
TER
VII
OF
THE
CHARTER
OF
THE
UNITED
NA-
TIONS.—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 Se-
curity 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 avail-
able for peacekeeping or peace enforcement ac-
tivities.
(11) ROME STATUTE.—The term ‘‘Rome Statute’’
means the Rome Statute of the International Crimi-
nal Court, adopted by the United Nations Diplomatic
Conference of Plenipotentiaries on the Establishment
of an International Criminal Court on July 17, 1998.
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(12) SUPPORT.—The term ‘‘support’’ means as-
sistance of any kind, including financial support,
transfer of property or other material support, serv-
ices, intelligence sharing, law enforcement coopera-
tion, the training or detail of personnel, and the ar-
rest 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 fur-
nished 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. 3014. REPEAL OF LIMITATION.
The Department of Defense Appropriations Act, 2002
(division A of Public Law 107–117) is amended by striking
section 8173.
SEC. 3015. 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
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Laden, other members of Al Queda, leaders of Islamic
Jihad, and other foreign nationals accused of genocide, war
crimes or crimes against humanity.
TITLE IV—MAIL DELIVERY IN
ALASKA
SEC. 4001. 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 treach-
erous 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.
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(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, cre-
ated by Congress and operated by the United States
Postal Service under section 5402 of title 39, United
States Code, with input from the Department of
Transportation, connecting hundreds of rural and iso-
lated 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 de-
livering 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 America;
(C) support affordable and reliable pas-
senger service; and
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(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
America; 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 manipu-
lating 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 con-
tinues to own large tracts of land within the State of
Alaska which impedes access across these lands to
connect isolated communities, it is in the best interest
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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 afford-
able 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 car-
riers move toward safer, more secure, and more
reliable air transportation under the Federal
Aviation Administration’s guidelines and in ac-
cordance with part 121 of title 14, Code of Fed-
eral Regulations, where such operations are sup-
ported by the needs of the community; and
(E) that Congress, pursuant to the author-
ity granted under Article I, section 8 of the
United States Constitution to establish Post Of-
fices and post roads, make changes to ensure that
the Intra-Alaska Bypass Mail system continues
to be used to support substantial passenger and
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nonmail freight service and to reduce costs for
the Postal Service.
(c) SELECTION OF CARRIERS OF NONPRIORITY BYPASS
MAIL TO CERTAIN POINTS IN ALASKA.—
(1) DEFINITIONS.—Section 5402 of title 39,
United States Code, is amended—
(A) by striking subsection (e);
(B) by redesignating subsections (a) through
(d) as subsections (b) through (e), respectively;
and
(C) by inserting before subsection (b), as re-
designated, 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 trans-
portation’, and ‘foreign air transportation’ have the
meanings given such terms in section 40102(a) of title
49, U.S.C.;
‘‘(3) the term ‘base fare’ is the fare paid to the
carrier issuing the passenger ticket or carrying
nonmail freight which may entail service being pro-
vided by more than 1 carrier;
‘‘(4) the term ‘bush carrier’ means a carrier op-
erating aircraft certificated within the payload ca-
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pacity 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 sub-
section (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 by-
pass 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 des-
tination 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;
‘‘(9) the term ‘equitable tender’ means the prac-
tice of the Postal Service of equitably distributing
mail on a fair and reasonable basis between those air
carriers that offer equivalent services and costs be-
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tween 2 communities in accordance with the regula-
tions of the Postal Service;
‘‘(10) the term ‘existing mainline carrier’ means
a mainline carrier (as defined in this section) that on
January 1, 2001, was—
‘‘(A) certified under part 121;
‘‘(B) qualified to provide mainline nonpri-
ority bypass mail service; and
‘‘(C) actually engaged in the carriage of
mainline nonpriority bypass mail through sched-
uled service within the State of Alaska;
‘‘(11) the term ‘freight service’ means the trans-
port of cargo that otherwise cannot be carried on a
qualified passenger aircraft because of—
‘‘(A) size or weight restrictions imposed on
the aircraft or carrier providing the service; or
‘‘(B) prohibitions on the carriage of pas-
sengers and hazardous materials on the same
flight;
‘‘(12) the term ‘mainline carrier’ means a car-
rier operating aircraft under part 121 and certifi-
cated within the payload capacity requirements of
subsection (g)(1)(D)(ii) on a given city pair route;
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‘‘(13) the term ‘mainline route’ means a city
pair in which a mainline carrier is tendered nonpri-
ority bypass mail;
‘‘(14) the term ‘new’, when referencing a carrier,
means a carrier that—
‘‘(A) meets the respective requirements of
subsection (g)(1)(D)(i) or (ii), 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 within the
State of Alaska after January 1, 2001;
‘‘(15) the term ‘part 121’ means part 121 of title
14, Code of Federal Regulations;
‘‘(16) the term ‘part 135’ means part 135 of title
14, Code of Federal Regulations;
‘‘(17) the term ‘scheduled service’ means—
‘‘(A) flights are operated in common car-
riage available to the general public under a
published schedule;
‘‘(B) flight schedules are announced in ad-
vance to the general public in systems specified
by the Postal Service, in addition to the Official
Airline Guide or the air cargo equivalent of that
Guide;
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‘‘(C) flights depart whether full or not; and
‘‘(D) customers contract for carriage sepa-
rately on a regular basis;
‘‘(18) the term ‘Secretary’ means the Secretary of
Transportation;
‘‘(19) the term ‘121 bush passenger carrier’
means a bush passenger carrier providing passenger
service on bush routes under part 121;
‘‘(20) the term ‘121 mainline passenger carrier’
means a mainline carrier providing passenger service
through scheduled service on routes under part 121;
‘‘(21) the term ‘121 passenger aircraft’ means an
aircraft flying passengers on a city pair route that is
operated under part 121;
‘‘(22) the term ‘121 passenger carrier’ means a
passenger carrier that provides scheduled service
under part 121;
‘‘(23) the term ‘135 bush passenger carrier’
means a bush passenger carrier providing passenger
service through scheduled service on bush routes under
part 135; and
‘‘(24) the term ‘135 passenger carrier’ means a
passenger carrier that provides scheduled service
under part 135.’’.
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(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 ten-
der 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 and inserting a semi-
colon; and
(C) in subparagraph (D) by inserting ‘‘with
at least 3 scheduled (noncontract) flights per
week between two points’’ after ‘‘scheduled serv-
ice’’.
(3) APPLICATION OF RATES.—Section 5402(g)(2)
of title 39, United States Code, is amended—
(A) by striking ‘‘and’’ at the end of sub-
paragraph (A);
(B) by striking the period at the end of sub-
paragraph (B) and inserting a semicolon; and
(C) by adding at the end the following:
‘‘(C) shall offer a bush passenger carrier pro-
viding service on a route between an acceptance point
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and a hub not served by a mainline carrier the op-
portunity to receive equitable tender of nonpriority
bypass mail at mainline service rates when a main-
line carrier begins serving that route if the bush pas-
senger carrier—
‘‘(i) meets the requirements of paragraph
(1);
‘‘(ii) provided at least 20 percent of the pas-
senger service (as calculated in subsection (h)(5))
between such city pair for the 6 months imme-
diately preceding the date on which the bush car-
rier 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 eq-
uitable tender of nonpriority bypass mail at mainline
service rates from a hub point to a destination city
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);
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‘‘(II) the carrier provided at least 20
percent of the passenger service (as cal-
culated 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 nonpri-
ority mainline bypass mail at mainline rates to a
bush carrier operating from an acceptance point to a
hub point, except as described in subparagraph (C);
and
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‘‘(ii) may tender nonpriority bypass mail at
bush rates to a bush carrier if the Postal Service de-
termines 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 avail-
able through direct mainline service; and
‘‘(III) tender of mail to such bush carrier
will not decrease the efficiency of nonpriority by-
pass mail service (in terms of payments to all
carriers providing service on the city pair route
and timely delivery) for the route;
‘‘(F) may offer tender of nonpriority bypass
mail to a passenger carrier from an acceptance point
to a destination city beyond a hub point at a com-
posite rate if the Postal Service determines that—
‘‘(i) the carrier provides passenger service
in accordance with the requirements of sub-
section (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 de-
crease efficiency of delivery of nonpriority by-
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pass mail service into or out of the hub point
being bypassed; and
‘‘(iv) such tender will result in reduced pay-
ments to the carrier by the Postal Service over
flying the entire route; and
‘‘(G) notwithstanding subparagraph (F), shall
offer equitable tender of nonpriority mail in propor-
tion to passenger and nonmail freight mail pools de-
scribed in this section between qualified passenger
and nonmail freight carriers on a route from an ac-
ceptance point to a bush destination 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 car-
rier 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 mail was being ten-
dered to a passenger carrier or a nonmail freight
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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 car-
riers 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 exist-
ing 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
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point and the hub point is deficient and provides
written notice of the determination to existing main-
line carriers to the hub point; and
‘‘(ii) after the 30-day period following issuance
of notice under clause (i), including notice of inad-
equate 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 pas-
senger carrier entering a mainline route in the State of
Alaska, if that carrier—
‘‘(i) 
meets 
the 
requirements 
of 
subsection
(g)(1)(D)(ii); and
‘‘(ii) has provided at least 50 percent of the
number of insured passenger seats as the number of
available passenger seats being provided by the main-
line passenger carrier providing the greatest number
of available passenger seats on that route for the 6
months immediately preceding the date on which such
carrier seeks tender.
‘‘(B) A new 121 mainline passenger carrier that is ten-
dered nonpriority mainline bypass mail under subpara-
graph (A)—
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‘‘(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 pro-
vided under subparagraph (A) toward the carrier
meeting the minimum requirements of this section;
and
‘‘(iii) shall provide at least 20 percent of the pas-
senger service (as determined for bush passenger car-
riers in subsection (h)(5)) on such route to remain el-
igible to be tendered nonpriority mainline bypass
mail.
‘‘(C) Notwithstanding paragraphs (1)(B) and (5)(A),
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
if it meets the requirements of subsections (g)(1) (A), (C),
and (D) and (h)(2)(B) and—
‘‘(i) all qualified 121 mainline passenger car-
riers discontinue service on that city pair route; or
‘‘(ii) no 121 mainline passenger carrier serves
that 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
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bypass mail on a city pair route 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 main-
line passenger carrier while seeking such tender.
‘‘(6)(A) Notwithstanding subsection (g)(1)(B), pas-
senger carriers providing Essential Air Service under a De-
partment of Transportation order issued under subchapter
II of chapter 417 of title 49, U.S.C., shall be tendered all
nonpriority mail, in addition to all nonpriority bypass
mail, by the Postal Service to destination cities served by
the Essential Air Service flights consistent with that order
unless the Postal Service finds that the Essential Air Serv-
ice carrier’s service does not meet the needs of the Postal
Service.
‘‘(B) Service provided under this paragraph, including
service provided to points served in conjunction with service
being subsidized under the Essential Air Service contract,
may not be applied toward any of the minimum eligibility
requirements of this section.’’.
(5) 
SELECTION
OF
CARRIERS
TO
BUSH
POINTS.—Section 5402 of title 39, United States
Code, is amended by adding at the end the following:
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‘‘(h)(1) Except as provided under paragraph (7), on
a given city pair route, the Postal Service shall offer equi-
table tender of 70 percent of the nonpriority bypass mail
on that 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 pas-
senger service (as calculated in paragraph (5)) be-
tween 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 nonpri-
ority bypass mail;
‘‘(B)(i) for operations under part 121, operate
aircraft type certificated to carry at least 19 pas-
sengers;
‘‘(ii) for operations under part 135, operate air-
craft type certificated to carry at least 5 passengers;
or
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‘‘(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 and meets
the requirements of paragraph (1) or (2) when a 121 pas-
senger 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 oper-
ations 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.
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‘‘(B) Completion of conversion under subparagraph
(A) shall not be required if all 121 passenger carriers dis-
continue 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 sub-
paragraph (A). Such a request, at the discretion of the Sec-
retary, may be granted for good cause shown. The request-
ing party shall state the basis for such a waiver.
‘‘(D) If 6 years and 3 months after the date of enact-
ment of the Rural Service Improvement Act of 2002, a 135
passenger carrier is providing service on a city pair route
and a 121 passenger aircraft becomes eligible to receive ten-
der of nonpriority bypass mail on that route, that 135 pas-
senger carrier shall convert to operations under part 121
within 12 months of the 121 passenger carrier being ten-
dered 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 oper-
ations within 12 months after the 121 passenger carrier
being tendered such mail under this paragraph.
‘‘(E) Notwithstanding the requirements of this sub-
section, if only 1 passenger carrier or aircraft is qualified
to be tendered nonpriority bypass mail as a passenger car-
rier or aircraft on a city pair route, the Postal Service shall
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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 quali-
fications necessary to be tendered nonpriority bypass mail
on any other route.
‘‘(5)(A)(i) In this section, the percent of the passenger
service shall be calculated using the data described under
clause (ii). To ensure accurate reporting of market share
the Postal Service shall compare the resulting percentage
to the data collected under subsection (k). Any carrier pur-
posefully falsifying data or significantly misstating market
share in an attempt to qualify for tender of nonpriority
bypass mail may be subject to penalties described in sub-
section (o).
‘‘(ii) The Postal Service shall calculate the percent of
passenger service provided by a carrier on a city pair route
by calculating the lesser of—
‘‘(I) the amount of the passenger excise tax paid
by or on behalf of a carrier, as determined by review-
ing 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
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total passenger excise taxes, as determined by review-
ing 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 pas-
senger carriers providing service between the origina-
tion point and the destination point.
‘‘(B) For the purposes of calculating passenger service
as described under subparagraph (A), a bush passenger car-
rier providing intervillage bush passenger service may in-
clude 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.
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‘‘(6)(A) The Secretary shall establish new bush rates
for passenger carriers receiving tender of nonpriority by-
pass mail under this subsection.
‘‘(B) The Secretary shall establish a bush rate based
on data collected under subsection (k) from 121 bush pas-
senger carriers. Such rates shall be paid to all bush pas-
senger carriers operating on city pair routes 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 pas-
senger carriers. Such rates shall be paid to all bush pas-
senger carriers operating on city pair routes 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
where only water landings are available.
‘‘(7) The percentage rate in paragraph (1) shall be 75
percent 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 given city pair route, the Postal Service shall offer equi-
table tender of 20 percent of the nonpriority bypass mail
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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 imme-
diately preceding the date on which the freight carrier seeks
tender of nonpriority bypass 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, that
freight carrier shall meet the minimum requirements of sub-
section (g)(1) and shall operate for 12 months on a given
city pair route before being eligible for equitable tender of
nonpriority bypass mail on that route.
‘‘(4) If no carrier qualifies for tender of nonpriority
bypass mail 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 route to receive
tender of nonpriority bypass mail under this paragraph,
the nonpriority bypass mail to be divided under paragraph
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(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 quali-
fications necessary to be tendered nonpriority bypass mail
on any other route.
‘‘(6)(A) In this subsection, the percent of nonmail
freight shall be determined by calculating 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 deter-
mined 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 review-
ing the collected amount of base fares paid by or on
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behalf of all nonmail freight carriers providing service
on the city pair route.
‘‘(B) To ensure accurate reporting of market share the
Postal Service shall compare the resulting percentage under
subparagraph (A) to the percent of nonmail freight carried
on a city pair route as calculated from data provided pur-
suant to subsection (k), by dividing the revenue of, or weight
of (as determined by the Postal Service), nonmail freight
earned by or carried by a carrier from the transport of
nonmail freight from an origination point to a destination
point by the total amount of revenue earned, or the weight
of, nonmail freight carried (as determined by the Postal
Service) by all carriers from the transport of nonmail
freight from the origination point to the destination point.
Any carrier purposefully falsifying data or significantly
misstating market share in an attempt to qualify for tender
of nonpriority bypass mail may be subject to penalties de-
scribed in subsection (o).
‘‘(7) The percentage rate in paragraph (1) shall be 25
percent 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 meeting
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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 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 Im-
provement Act of 2002 for a nonpriority bypass mail car-
rier on bush routes originating from the main hub of the
carrier designated under subparagraph (C), if the carrier
seeking the tender of such mail—
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‘‘(i) meets the requirements of subsection (g)(1);
‘‘(ii) is not qualified under subsection (h) or (i);
‘‘(iii) operates routes originating from the main
hub of the carrier designated under subparagraph (C);
and
‘‘(iv) has invested at least $500,000 in a phys-
ical 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 trans-
mitted 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 ten-
der after the carrier becomes qualified for tender of nonpri-
ority 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) Not less than 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 de-
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termine the cost of providing bush mail service. In deter-
mining 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 pas-
senger service.
‘‘(2) In order to assure 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 docu-
mentation in a manner that readily permits the
audit and examination by representatives of the Post-
al Service or the Secretary.
‘‘(3) Documentation under paragraph (2) shall be re-
tained 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 by-
pass mail shall submit to the Secretary the number and
type of aircraft in the carrier’s fleet, the level of passenger
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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 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 car-
riage 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 under sub-
sections (h) and (i) simultaneously shall be tendered non-
priority bypass mail under subsection (h).
‘‘(2) A carrier shall be tendered nonpriority bypass
mail under subsection (i) if that carrier—
‘‘(A) was qualified under both subsections (h)
and (i) simultaneously; and
‘‘(B) becomes unqualified under subsection (h)
but remains qualified under subsection (i).
‘‘(n)(1) A carrier operation resulting from a merger
or acquisition between any 2 carriers operating between
points in Alaska shall have the passenger and nonmail
freight of all such merged or acquired carriers on the appli-
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cable route counted toward meeting the resulting carrier’s
minimum requirements to receive equitable tender of non-
priority bypass mail on such route for the 12-month period
following the merger or acquisition.
‘‘(2) After the 12-month period described under para-
graph (1), the carrier resulting from the merger or acquisi-
tion 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 sec-
tion on any route, in an attempt to qualify for tender of
nonpriority bypass mail, shall receive—
‘‘(1) a 1-month suspension of tender of nonpri-
ority bypass mail on the route where the data was
misstated for the first offense;
‘‘(2) a 6-month suspension of tender of nonpri-
ority bypass mail on the route where the data was
misstated for the second offense;
‘‘(3) a 1-year suspension of tender of all nonpri-
ority bypass mail in the entire State of Alaska for the
third offense in the State; and