H. R. 4775—72
The referenced statement of the managers under the heading
‘‘Community development fund’’ in title II of Public Law 107–
73 is deemed to be amended by striking ‘‘$3,000,000 for the Louis-
ville Community Development Bank for continuation of the Louis-
ville Neighborhood Initiative’’ and inserting ‘‘$3,000,000 for
neighborhood revitalization activities in Louisville, Kentucky, as
follows: $250,000 to the Bridgehaven Mental Health Agency for
planning and development of a facility, $600,000 to the Cable Life
Community Enrichment Corporation for construction of a facility,
$350,000 to Catholic Charities for renovation of a facility, $500,000
to the Center for Women and Families for an affordable housing
program, $100,000 to the Clifton Cultural Center for renovation
of a historic building, $200,000 to Harrods Creek Community
Development for construction of a facility, $200,000 to the James
Taylor Memorial Home for facility improvements, $600,000 to the
Kentucky Art and Craft Foundation for renovation of a facility,
and $200,000 to the Shelby Park Neighborhood Association for
facility construction’’.
The referenced statement of the managers under the heading
‘‘Community development block grants’’ in title II of Public Law
106–74 is deemed to be amended with respect to the amount made
available for the City of Hollister, California by striking ‘‘to the
City of Hollister, California for the construction of a new fire sta-
tion’’ and inserting ‘‘to the Monterey County, California Economic
Development Agency for a mobile animal slaughter processing unit’’.
The unobligated amount appropriated in the third paragraph
under the heading ‘‘Community development block grants’’ in
chapter 8 of title II of the Emergency Supplemental Act, 2000
(Public Law 106–246; 114 Stat. 565), as subsequently made avail-
able under the heading ‘‘Community development fund’’ in chapter
13 of Division A of the Miscellaneous Appropriations Act, 2001
(H.R. 5666 (excluding section 123), 106th Congress, as enacted
into law by Public Law 106–554; 114 Stat. 2763D–42), for a grant
to the County of Richmond, North Carolina, shall remain available
until September 30, 2003, for development and construction of
the Richmond County Industrial Park.
The referenced statement of the managers under this heading
in title II of Public Law 106–377 is deemed to be amended by
striking ‘‘$300,000 for Upper Darby Township, Pennsylvania to
assist residents with homes that are sinking due to soil subsidence’’
and insert in lieu thereof ‘‘$300,000 for Upper Darby Township,
Pennsylvania to assist residents with homes that are sinking due
to soil subsidence and for the development of a recreation area,
including parking, at Shadeland Avenue’’.
The referenced statement of the managers under this heading
in Public Law 107–73 is deemed to be amended by striking
‘‘$150,000 to Winchester County, Virginia for the historic restoration
of the Winchester County Courthouse’’ and inserting ‘‘$150,000
to Frederick County, Virginia for the historic restoration of the
Old Frederick County Courthouse in Winchester, Virginia’’.
The referenced statement of the managers under this heading
in Public Law 107–73 is deemed to be amended with respect to
the amount made available for Family Focus by striking ‘‘Family
Focus’’ and inserting ‘‘the Weissbourd-Holmes Family Focus Center’’
and by striking ‘‘Evansville’’ and inserting ‘‘Evanston’’.
The referenced statement of the managers under this heading
in Public Law 107–73 is deemed to be amended by striking
H. R. 4775—73
‘‘$100,000 for Morristown Neighborhood House for the infrastruc-
ture improvements to the Manahan Village Resident Center
Childcare facility in Morristown, New Jersey’’ and inserting
‘‘$100,000 to the Somerset Valley YMCA Childcare Center in Som-
erset County, New Jersey for capital improvements’’.
The referenced statement of the managers under this heading
in Public Law 107–73 is deemed to be amended by striking
‘‘$600,000 to the Reuben Lindh Family Services in Minneapolis,
Minnesota for facilities rehabilitation’’ and inserting in lieu thereof
‘‘$350,000 to the Plymouth Christian Youth Center in Minneapolis,
Minnesota for facilities rehabilitation and $250,000 to Migizi
Communications in Minneapolis, Minnesota to repair and renovate
its Family Education Center’’.
HOME INVESTMENT PARTNERSHIPS PROGRAM
(RESCISSION)
Of the funds made available under this heading in Public
Law 107–73, $50,000,000 are rescinded from the Downpayment
Assistance Initiative.
HOUSING PROGRAMS
RENTAL HOUSING ASSISTANCE
(RESCISSION)
The limitation otherwise applicable to the maximum payments
that may be required in any fiscal year by all contracts entered
into under section 236 of the National Housing Act (12 U.S.C.
1715z–1) is reduced in fiscal year 2002 by not more than
$300,000,000 in uncommitted balances of authorizations of contract
authority provided for this purpose in appropriations acts: Provided,
That up to $300,000,000 of recaptured section 236 budget authority
resulting from the prepayment of mortgages subsidized under sec-
tion 236 of the National Housing Act (12 U.S.C. 1715z–1) shall
be rescinded in fiscal year 2002.
INDEPENDENT AGENCIES
DEPARTMENT OF HEALTH AND HUMAN SERVICES
NATIONAL INSTITUTES OF HEALTH
NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES
For an additional amount for ‘‘National Institute of Environ-
mental Health Sciences’’, $8,000,000, to remain available until Sep-
tember 30, 2003, to carry out activities set forth in section 311(a)
of the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, as amended, and section 126(g) of the Super-
fund Amendments and Reauthorization Act of 1986 in response
to the September 11, 2001, terrorist attacks on the United States:
Provided, That the entire amount is designated by the Congress
as an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985,
as amended: Provided further, That the entire amount shall be
available only to the extent an official budget request that includes
H. R. 4775—74
designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted by the
President to the Congress.
AGENCY FOR TOXIC SUBSTANCES AND DISEASE REGISTRY
TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC HEALTH
For an additional amount for ‘‘Toxic substances and environ-
mental public health’’, $11,300,000, to remain available until Sep-
tember 30, 2003, of which $1,800,000 is for additional expenses
incurred in response to the September 11, 2001, terrorist attacks
on the United States, and of which $9,500,000 is to enhance the
States’ capacity to respond to chemical terrorism events: Provided,
That the entire amount is designated by the Congress as an emer-
gency requirement pursuant to section 251(b)(2)(A) of the Balance
Budget and Emergency Deficit Control Act of 1985, as amended:
Provided further, That the entire amount shall be available only
to the extent an official budget request that includes designation
of the entire amount of the request as an emergency requirement
as defined in the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended, is transmitted by the President to the
Congress.
ENVIRONMENTAL PROTECTION AGENCY
SCIENCE AND TECHNOLOGY
For an additional amount for ‘‘Science and technology’’,
$50,000,000, to remain available until September 30, 2003: 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 Deficit Control Act of 1985, as
amended: Provided further, That the entire amount shall be avail-
able only to the extent an official budget request that includes
designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted by the
President to the Congress.
ENVIRONMENTAL PROGRAMS AND MANAGEMENT
(TRANSFER OF FUNDS)
Of the amount appropriated under this heading in title III
of Public Law 107–73 to develop engineering plans for addressing
the wastewater infrastructure needs in Rosman, North Carolina
as identified in project number 67, $400,000 shall be transferred
to the ‘‘State and tribal assistance grants’’ account to remain avail-
able until expended for grants for wastewater and sewer infrastruc-
ture improvements in the Town of Rosman, North Carolina.
STATE AND TRIBAL ASSISTANCE GRANTS
The referenced statement of the managers under this heading
in Public Law 106–377 is deemed to be amended by striking every-
thing after ‘‘$1,000,000’’ in reference to item 91 and inserting ‘‘to
the Northern Kentucky Area Development District for Carroll
H. R. 4775—75
County Wastewater Infrastructure Project ($500,000), City of
Owenton Water Collection and Treatment System Improvements
and 
Freshwater 
Intake 
Project 
($400,000), 
Grant 
County
Williamstown Lake Expansion Project ($50,000), and Pendleton
County Williamstown Lake Expansion Project ($50,000)’’.
The referenced statement of the managers under this heading
in Public Law 107–73 is deemed to be amended by striking every-
thing after ‘‘for’’ in reference to item number 202 and inserting
‘‘storm water infrastructure improvements’’.
Grants appropriated under this heading in Public Law 107–
73 for drinking water infrastructure needs in the New York City
watershed shall be awarded under section 1443(d) of the Safe
Drinking Water Act, as amended.
The referenced statement of the managers under this heading
in Public Law 106–377 is deemed to be amended by striking every-
thing after ‘‘$2,000,000’’ in reference to item number 168 and
inserting ‘‘for the Town of Wallace, North Carolina for a regional
wastewater infrastructure improvement project ($1,000,000), and
for the Town of Cary, North Carolina for wastewater infrastructure
improvements including the treatment of biosolids ($1,000,000).’’.
The referenced statement of managers under this heading in
Public Law 107–73 is deemed to be amended in item 19 by inserting
the words ‘‘water and’’ after the word ‘‘for’’.
The referenced statement of the managers under this heading
in Public Law 107–73 is deemed to be amended by striking every-
thing after ‘‘sewer’’ in reference to item number 183 and inserting
‘‘and drinking water upgrade project in Anaconda, Montana’’.
The referenced statement of the managers under this heading
in Public Law 107–73 is deemed to be amended by striking ‘‘the
City of Florence, Montana’’ in reference to item number 184 and
inserting ‘‘the Florence County Water and Sewer District’’.
FEDERAL EMERGENCY MANAGEMENT AGENCY
DISASTER RELIEF
For an additional amount for ‘‘Disaster relief’’ for emergency
expenses to respond to the September 11, 2001, terrorist attacks
on the United States in carrying out the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
and the Federal Fire Prevention and Control Act of 1974, as
amended (15 U.S.C. 2201 et seq.), $2,650,700,000, to remain avail-
able until expended: Provided, That in administering the Mortgage
and Rental Assistance Program for victims of September 11, 2001,
the Federal Emergency Management Agency will recognize those
people who were either directly employed in the Borough of Manhat-
tan or had at least 75 percent of their wages coming from business
conducted within the Borough of Manhattan as eligible for assist-
ance under the program, as they were directly impacted by the
terrorist attacks: Provided further, That FEMA shall provide com-
pensation to previously denied Mortgage and Rental Assistance
Program applicants who would qualify under these new guidelines:
Provided further, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended.
H. R. 4775—76
DISASTER ASSISTANCE FOR UNMET NEEDS
For an additional amount for ‘‘Disaster assistance for unmet
needs’’, $23,200,000, to remain available until September 30, 2004,
for use by the Director of the Federal Emergency Management
Agency (Director) only for disaster relief, long-term recovery, and
mitigation in communities affected by Presidentially-declared nat-
ural disasters designated during fiscal year 2002, only to the extent
funds are not made available for those activities by the Federal
Emergency Management Agency (under its ‘‘Disaster relief’’ pro-
gram) or the Small Business Administration: Provided, That in
administering these funds the Director shall allocate these funds
to States to be administered by each State in conjunction with
its Federal Emergency Management Agency Disaster Relief pro-
gram: Provided further, That each State shall provide not less
than 25 percent in non-Federal public matching funds or its equiva-
lent value (other than administrative costs) for any funds allocated
to the State under this heading: Provided further, That the Director
shall allocate these funds based on the unmet needs arising from
a Presidentially-declared disaster as identified by the Director as
those which have not or will not be addressed by other Federal
disaster assistance programs and for which it is deemed appropriate
to supplement the efforts and available resources of States, local
governments and disaster relief organizations: Provided further,
That the Director shall establish review groups within the Federal
Emergency Management Agency to review each request by a State
of its unmet needs and certify as to the actual costs associated
with the unmet needs as well as the commitment and ability
of each State to provide its match requirement: Provided further,
That the Director shall publish a notice in the Federal Register
governing the allocation and use of the funds under this heading,
including provisions for ensuring the compliance of the States with
the requirements of this program: Provided further, That 10 days
prior to distribution of funds, the Director shall submit a list to
the House and Senate Committees on Appropriations setting forth
the proposed uses of funds and the most recent estimates of unmet
needs: Provided further, That the Director shall submit quarterly
reports to said Committees regarding the actual projects and needs
for which funds have been provided under this heading: Provided
further, That to the extent any funds under this heading are used
in a manner inconsistent with the requirements of the program
established under this heading and rules issued pursuant thereto,
the Director shall recapture an equivalent amount of funds from
the State from any existing funds or future funds awarded to
the State under this heading or any other program administered
by the Federal Emergency Management Agency: Provided further,
That the entire amount is designated by the Congress as an emer-
gency requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended:
Provided further, That the entire amount shall be available only
to the extent an official budget request, that includes designation
of the entire amount of the request as an emergency requirement
as defined in the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended, is transmitted by the President to the
Congress.
H. R. 4775—77
EMERGENCY MANAGEMENT PLANNING AND ASSISTANCE
For an additional amount for ‘‘Emergency management plan-
ning and assistance’’ for emergency expenses to respond to the
September 11, 2001, terrorist attacks on the United States,
$447,200,000, to remain available until September 30, 2003, of
which $150,000,000 is for programs as authorized by section 33
of the Federal Fire Prevention and Control Act of 1974, as amended
(15 U.S.C. 2201 et seq.); $54,200,000 for the existing national urban
search and rescue system; and $50,000,000 for interoperable
communications equipment: Provided, That the entire amount is
designated by the Congress as an emergency requirement pursuant
to section 251(b)(2)(A) of the Balanced Budget and Emergency Def-
icit Control Act of 1985, as amended: Provided further, That
$221,800,000 shall be available only to the extent an official budget
request, that includes designation of the $221,800,000 as an emer-
gency requirement as defined in the Balanced Budget and Emer-
gency Deficit Control Act of 1985, as amended, is transmitted
by the President to the Congress.
CERRO GRANDE FIRE CLAIMS
For an additional amount for ‘‘Cerro Grande fire claims’’,
$61,000,000 for claims resulting from the Cerro Grande fires, to
remain available until September 30, 2003: Provided, That up to
5 percent of the amount made available under this heading may
be used for administrative costs: Provided further, That the entire
amount is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985, as amended: Provided further,
That the entire amount shall be available only to the extent an
official budget request that includes designation of the entire
amount of the request as an emergency requirement as defined
in the Balanced Budget and Emergency Deficit Control Act of
1985, as amended, is transmitted by the President to the Congress.
NATIONAL SCIENCE FOUNDATION
EDUCATION AND HUMAN RESOURCES
For an additional amount for ‘‘Education and human resources’’
for emergency expenses to respond to emergent needs in cyber
security, $19,300,000, to remain available until September 30, 2003:
Provided, That the entire amount is designated by the Congress
as an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985,
as amended.
GENERAL PROVISIONS—THIS CHAPTER
SEC. 1301. Notwithstanding the first paragraph of the item
in title II of Public Law 107–73 relating to ‘‘Federal housing
administration, Mutual mortgage insurance program account’’,
during fiscal year 2002, commitments to guarantee loans to carry
out the purposes of section 203(b) of the National Housing Act
shall not exceed a loan principal of $165,000,000,000.
H. R. 4775—78
SEC. 1302. Notwithstanding the first paragraph of the item
in title II of Public Law 107–73 related to ‘‘Federal housing adminis-
tration, General and special risk program account’’, any amounts
made available for fiscal year 2002 for the cost of guaranteed
loans, as authorized by sections 238 and 519 of the National
Housing Act (12 U.S.C. 1715z–3 and 1735c), including the cost
of loan guarantee modifications (as that term is defined in section
502 of the Congressional Budget Act of 1974), shall be available
to subsidize total loan principal, any part of which is to be guaran-
teed, of up to $23,000,000,000.
SEC. 1303. The Secretary of Housing and Urban Development
shall begin to enter into new agreements and contracts pursuant
to the Asset Control Area Demonstration Program as provided
in section 602 of Public Law 105–276 not later than September
15, 2002: Provided, That any agreement or contract entered into
pursuant to such program shall be consistent with the requirements
of such section 602: Provided further, That the Department shall
develop proposed regulations for this program not later than Sep-
tember 15, 2002.
SEC. 1304. The Secretary of Housing and Urban Development
shall submit a report every 90 days to the House and Senate
Committees on Appropriations on the status of any multifamily
housing project (including all hospitals and nursing homes) insured
under the National Housing Act that has been in default for longer
than 60 days. The report shall include the location of the property,
the reason for the default, and all actions taken by the Secretary
and owner with regard to the default, including any work-out agree-
ments, the status and terms of any assistance or loans, and any
transfer of an ownership interest in the property (including any
assistance or loans made to the prior, current or intended owner
of the property or to the local unit of government in which the
property is located). The initial report shall be submitted no later
than September 16, 2002.
SEC. 1305. For purposes of facilitating the sale of Stafford
Apartments (FHA Project No: 052–44163) for use as student
housing—
(1) the Secretary of Housing and Urban Development shall
renew the section 8 contract that was associated with such
property and that expired during fiscal year 2001 at rent levels
not to exceed market rents as determined by the Secretary,
subject to annual operating cost adjustment factor increases,
and subject to such other conditions as the Secretary may
determine appropriate, and the renewal of such contract shall
be deemed to have taken effect as of October 1, 2001;
(2) prior to sale of this property for student housing, any
funds remaining in the property’s residual receipts and reserve
for replacement accounts shall be used in connection with the
relocation of tenants under this section, and any remaining
amounts shall be returned to the Secretary;
(3) subject to the concurrence by the Secretary with the
relocation plan for current tenants, the payment in full of
mortgages on this property insured pursuant to sections 236(j)
and 241(a) of the National Housing Act and the resultant
termination of the insurance contracts associated with those
mortgages, the payment in full of the loan on this property
made pursuant to section 201 of the Housing and Community
Development Amendments of 1978, and, as of the date of sale,
H. R. 4775—79
the termination of any assistance under section 236(f)(2) of
the National Housing Act and section 8 of the United States
Housing Act of 1937 and the return to the Secretary of any
such assistance that has not been expended, such property
may be sold for use as student housing, notwithstanding any
federal use restrictions required pursuant to section 201 of
the Housing and Community Development Amendments of 1978
(12 U.S.C. 1715z–1a) and section 250 of the National Housing
Act (12 U.S.C. 1715z–15);
(4) upon the concurrence by the Secretary of such relocation
plan and the sale of such property for use as student housing,
all of the tenants of such property shall be relocated and
shall receive, subject to the availability of funds, tenant-based
assistance under section 8(o) of the United States Housing
Act of 1937, notwithstanding any rights of such tenants to
elect to remain in such property pursuant to section 8(t) of
such Act (42 U.S.C. 1437f(t)) or to receive enhanced voucher
assistance under such section; and
(5) the provisions of this section shall only remain effective
for 24 months from the date of enactment of this section.
CHAPTER 14
GENERAL PROVISIONS
SEC. 1401. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current fiscal
year unless expressly so provided herein.
SEC. 1402. Notwithstanding any other provision of law, all
adjustments made pursuant to section 251(b)(1)(B) of the Balanced
Budget and Emergency Deficit Control Act of 1985 to the highway
category and to section 8103(a)(5) of the Transportation Equity
Act for the 21st Century for fiscal year 2003 shall be deemed
to be zero. This section shall apply immediately to all reports
issued pursuant to section 254 of the Balanced Budget and Emer-
gency Deficit Control Act of 1985 for fiscal year 2003, including
the discretionary sequester preview report.
FEDERAL ADMINISTRATIVE AND TRAVEL EXPENSES
(RESCISSIONS)
SEC. 1403. (a) Of the funds available to the agencies of the
Federal Government from prior Appropriations Acts, $350,000,000
are hereby rescinded: Provided, That rescissions pursuant to this
subsection shall be taken only from administrative and travel
accounts: Provided further, That rescissions shall be taken on a
pro rata basis from funds available to every Federal agency, depart-
ment, and office in the executive branch, including the Office of
the President.
(b) Within 30 days after the date of the enactment of this
Act, the Director of the Office of Management and Budget shall
submit to the Committees on Appropriations of the House of Rep-
resentatives and the Senate a listing of the amounts by account
of the reductions made pursuant to the provisions of subsection
(a) of this section: Provided, That the Office of Management and
Budget shall also include with such listing an explanation of the
H. R. 4775—80
methodology used to identify the offices, accounts, and amounts
to be reduced.
SEC. 1404. Any amount appropriated in this Act for which
availability is made contingent by a provision of this Act on designa-
tion by the President as an emergency requirement pursuant to
the Balanced Budget and Emergency Deficit Control Act of 1985
shall not be available for obligation unless all such contingent
amounts are designated by the President, within 30 days of enact-
ment of this Act, as such emergency requirements.
TITLE II—AMERICAN SERVICE-
MEMBERS’ PROTECTION ACT
SEC. 2001. SHORT TITLE.
This title may be cited as the ‘‘American Servicemembers’
Protection Act of 2002’’.
SEC. 2002. FINDINGS.
Congress makes the following findings:
(1) On July 17, 1998, the United Nations Diplomatic Con-
ference of Plenipotentiaries on the Establishment of an Inter-
national Criminal Court, meeting in Rome, Italy, adopted the
‘‘Rome Statute of the International Criminal Court’’. The vote
on whether to proceed with the statute was 120 in favor to
7 against, with 21 countries abstaining. The United States
voted against final adoption of the Rome Statute.
(2) As of April 30, 2001, 139 countries had signed the
Rome Statute and 30 had ratified it. Pursuant to Article 126
of the Rome Statute, the statute will enter into force on the
first day of the month after the 60th day following the date
on which the 60th country deposits an instrument ratifying
the statute.
(3) Since adoption of the Rome Statute, a Preparatory
Commission for the International Criminal Court has met regu-
larly to draft documents to implement the Rome Statute,
including Rules of Procedure and Evidence, Elements of Crimes,
and a definition of the Crime of Aggression.
(4) During testimony before the Congress following the
adoption of the Rome Statute, the lead United States negotiator,
Ambassador David Scheffer stated that the United States could
not sign the Rome Statute because certain critical negotiating
objectives of the United States had not been achieved. As
a result, he stated: ‘‘We are left with consequences that do
not serve the cause of international justice.’’.
(5) Ambassador Scheffer went on to tell the Congress that:
‘‘Multinational peacekeeping forces operating in a country that
has joined the treaty can be exposed to the Court’s jurisdiction
even if the country of the individual peacekeeper has not joined
the treaty. Thus, the treaty purports to establish an arrange-
ment whereby United States armed forces operating overseas
could be conceivably prosecuted by the international court even
if the United States has not agreed to be bound by the treaty.
Not only is this contrary to the most fundamental principles
of treaty law, it could inhibit the ability of the United States
to use its military to meet alliance obligations and participate
H. R. 4775—81
in multinational operations, including humanitarian interven-
tions to save civilian lives. Other contributors to peacekeeping
operations will be similarly exposed.’’.
(6) Notwithstanding these concerns, President Clinton
directed that the United States sign the Rome Statute on
December 31, 2000. In a statement issued that day, he stated
that in view of the unremedied deficiencies of the Rome Statute,
‘‘I will not, and do not recommend that my successor submit
the Treaty to the Senate for advice and consent until our
fundamental concerns are satisfied’’.
(7) Any American prosecuted by the International Criminal
Court will, under the Rome Statute, be denied procedural
protections to which all Americans are entitled under the Bill
of Rights to the United States Constitution, such as the right
to trial by jury.
(8) Members of the Armed Forces of the United States
should be free from the risk of prosecution by the International
Criminal Court, especially when they are stationed or deployed
around the world to protect the vital national interests of
the United States. The United States Government has an
obligation to protect the members of its Armed Forces, to the
maximum extent possible, against criminal prosecutions carried
out by the International Criminal Court.
(9) In addition to exposing members of the Armed Forces
of the United States to the risk of international criminal
prosecution, the Rome Statute creates a risk that the President
and other senior elected and appointed officials of the United
States Government may be prosecuted by the International
Criminal Court. Particularly if the Preparatory Commission
agrees on a definition of the Crime of Aggression over United
States objections, senior United States officials may be at risk
of criminal prosecution for national security decisions involving
such matters as responding to acts of terrorism, preventing
the proliferation of weapons of mass destruction, and deterring
aggression. No less than members of the Armed Forces of
the United States, senior officials of the United States Govern-
ment should be free from the risk of prosecution by the Inter-
national Criminal Court, especially with respect to official
actions taken by them to protect the national interests of the
United States.
(10) Any agreement within the Preparatory Commission
on a definition of the Crime of Aggression that usurps the
prerogative of the United Nations Security Council under
Article 39 of the charter of the United Nations to ‘‘determine
the existence of any . . . . act of aggression’’ would contravene
the charter of the United Nations and undermine deterrence.
(11) It is a fundamental principle of international law
that a treaty is binding upon its parties only and that it
does not create obligations for nonparties without their consent
to be bound. The United States is not a party to the Rome
Statute and will not be bound by any of its terms. The United
States will not recognize the jurisdiction of the International
Criminal Court over United States nationals.
H. R. 4775—82
SEC. 2003. WAIVER AND TERMINATION OF PROHIBITIONS OF THIS
TITLE.
(a) AUTHORITY TO INITIALLY WAIVE SECTIONS 5 AND 7.—The
President is authorized to waive the prohibitions and requirements
of sections 2005 and 2007 for a single period of 1 year. A waiver
under this subsection may be issued only if the President at least
15 days in advance of exercising such authority—
(1) notifies the appropriate congressional committees of
the intention to exercise such authority; and
(2) determines and reports to the appropriate congressional
committees that the International Criminal Court has entered
into a binding agreement that—
(A) prohibits the International Criminal Court from
seeking to exercise jurisdiction over the following persons
with respect to actions undertaken by them in an official
capacity:
(i) covered United States persons;
(ii) covered allied persons; and
(iii) individuals who were covered United States
persons or covered allied persons; and
(B) ensures that no person described in subparagraph
(A) will be arrested, detained, prosecuted, or imprisoned
by or on behalf of the International Criminal Court.
(b) AUTHORITY TO EXTEND WAIVER OF SECTIONS 5 AND 7.—
The President is authorized to waive the prohibitions and require-
ments of sections 2005 and 2007 for successive periods of 1 year
each upon the expiration of a previous waiver pursuant to sub-
section (a) or this subsection. A waiver under this subsection may
be issued only if the President at least 15 days in advance of
exercising such authority—
(1) notifies the appropriate congressional committees of
the intention to exercise such authority; and
(2) determines and reports to the appropriate congressional
committees that the International Criminal Court—
(A) remains party to, and has continued to abide by,
a binding agreement that—
(i) prohibits the International Criminal Court from
seeking to exercise jurisdiction over the following per-
sons with respect to actions undertaken by them in
an official capacity:
(I) covered United States persons;
(II) covered allied persons; and
(III) individuals who were covered United
States persons or covered allied persons; and
(ii) ensures that no person described in clause
(i) will be arrested, detained, prosecuted, or imprisoned
by or on behalf of the International Criminal Court;
and
(B) has taken no steps to arrest, detain, prosecute,
or imprison any person described in clause (i) of subpara-
graph (A).
(c) AUTHORITY TO WAIVE SECTIONS 4 AND 6 WITH RESPECT
TO AN INVESTIGATION OR PROSECUTION OF A NAMED INDIVIDUAL.—
The President is authorized to waive the prohibitions and require-
ments of sections 2004 and 2006 to the degree such prohibitions
and requirements would prevent United States cooperation with
H. R. 4775—83
an investigation or prosecution of a named individual by the Inter-
national Criminal Court. A waiver under this subsection may be
issued only if the President at least 15 days in advance of exercising
such authority—
(1) notifies the appropriate congressional committees of
the intention to exercise such authority; and
(2) determines and reports to the appropriate congressional
committees that—
(A) a waiver pursuant to subsection (a) or (b) of the
prohibitions and requirements of sections 2005 and 2007
is in effect;
(B) there is reason to believe that the named individual
committed the crime or crimes that are the subject of
the International Criminal Court’s investigation or prosecu-
tion;
(C) it is in the national interest of the United States
for the International Criminal Court’s investigation or
prosecution of the named individual to proceed; and
(D) in investigating events related to actions by the
named individual, none of the following persons will be
investigated, arrested, detained, prosecuted, or imprisoned
by or on behalf of the International Criminal Court with
respect to actions undertaken by them in an official
capacity:
(i) Covered United States persons.
(ii) Covered allied persons.
(iii) Individuals who were covered United States
persons or covered allied persons.
(d) TERMINATION OF WAIVER PURSUANT TO SUBSECTION (c).—
Any waiver or waivers exercised pursuant to subsection (c) of the
prohibitions and requirements of sections 2004 and 2006 shall
terminate at any time that a waiver pursuant to subsection (a)
or (b) of the prohibitions and requirements of sections 2005 and
2007 expires and is not extended pursuant to subsection (b).
(e) TERMINATION OF PROHIBITIONS OF THIS TITLE.—The prohibi-
tions and requirements of sections 2004, 2005, 2006, and 2007
shall cease to apply, and the authority of section 2008 shall termi-
nate, if the United States becomes a party to the International
Criminal Court pursuant to a treaty made under article II, section
2, clause 2 of the Constitution of the United States.
SEC. 2004. PROHIBITION ON COOPERATION WITH THE INTERNATIONAL
CRIMINAL COURT.
(a) APPLICATION.—The provisions of this section—
(1) apply only to cooperation with the International
Criminal Court and shall not apply to cooperation with an
ad hoc international criminal tribunal established by the United
Nations Security Council before or after the date of the enact-
ment of this Act to investigate and prosecute war crimes com-
mitted in a specific country or during a specific conflict; and
(2) shall not prohibit—
(A) any action permitted under section 2008; or
(B) communication by the United States of its policy
with respect to a matter.
(b) PROHIBITION ON RESPONDING TO REQUESTS FOR COOPERA-
TION.—Notwithstanding section 1782 of title 28, United States Code,
or any other provision of law, no United States Court, and no
H. R. 4775—84
agency or entity of any State or local government, including any
court, may cooperate with the International Criminal Court in
response to a request for cooperation submitted by the International
Criminal Court pursuant to the Rome Statute.
(c) PROHIBITION ON TRANSMITTAL OF LETTERS ROGATORY FROM
THE INTERNATIONAL CRIMINAL COURT.—Notwithstanding section
1781 of title 28, United States Code, or any other provision of
law, no agency of the United States Government may transmit
for execution any letter rogatory issued, or other request for coopera-
tion made, by the International Criminal Court to the tribunal,
officer, or agency in the United States to whom it is addressed.
(d) PROHIBITION
ON
EXTRADITION
TO
THE
INTERNATIONAL
CRIMINAL COURT.—Notwithstanding any other provision of law,
no agency or entity of the United States Government or of any
State or local government may extradite any person from the United
States to the International Criminal Court, nor support the transfer
of any United States citizen or permanent resident alien to the
International Criminal Court.
(e) PROHIBITION
ON PROVISION
OF SUPPORT
TO
THE 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, including any court, may provide
support to the International Criminal Court.
(f) PROHIBITION ON USE OF APPROPRIATED FUNDS TO ASSIST
THE INTERNATIONAL CRIMINAL COURT.—Notwithstanding any other
provision of law, no funds appropriated under any provision of
law may be used for the purpose of assisting the investigation,
arrest, detention, extradition, or prosecution of any United States
citizen or permanent resident alien by the International Criminal
Court.
(g) RESTRICTION ON ASSISTANCE PURSUANT TO MUTUAL LEGAL
ASSISTANCE TREATIES.—The United States shall exercise its rights
to limit the use of assistance provided under all treaties and execu-
tive agreements for mutual legal assistance in criminal matters,
multilateral conventions with legal assistance provisions, and extra-
dition treaties, to which the United States is a party, and in
connection with the execution or issuance of any letter rogatory,
to prevent the transfer to, or other use by, the International
Criminal Court of any assistance provided by the United States
under such treaties and letters rogatory.
(h) PROHIBITION ON INVESTIGATIVE ACTIVITIES OF AGENTS.—
No agent of the International Criminal Court may conduct, in
the United States or any territory subject to the jurisdiction of
the United States, any investigative activity relating to a prelimi-
nary inquiry, investigation, prosecution, or other proceeding at the
International Criminal Court.
SEC. 2005. RESTRICTION ON UNITED STATES PARTICIPATION IN CER-
TAIN UNITED NATIONS PEACEKEEPING OPERATIONS.
(a) POLICY.—Effective beginning on the date on which the Rome
Statute enters into force pursuant to Article 126 of the Rome
Statute, the President should use the voice and vote of the United
States in the United Nations Security Council to ensure that each
resolution of the Security Council authorizing any peacekeeping
operation under chapter VI of the charter of the United Nations
or peace enforcement operation under chapter VII of the charter
H. R. 4775—85
of the United Nations permanently exempts, at a minimum, mem-
bers of the Armed Forces of the United States participating in
such operation from criminal prosecution or other assertion of juris-
diction by the International Criminal Court for actions undertaken
by such personnel in connection with the operation.
(b) RESTRICTION.—Members of the Armed Forces of the United
States may not participate in any peacekeeping operation under
chapter VI of the charter of the United Nations or peace enforce-
ment operation under chapter VII of the charter of the United
Nations, the creation of which is authorized by the United Nations
Security Council on or after the date that the Rome Statute enters
into effect pursuant to Article 126 of the Rome Statute, unless
the President has submitted to the appropriate congressional
committees a certification described in subsection (c) with respect
to such operation.
(c) CERTIFICATION.—The certification referred to in subsection
(b) is a certification by the President that—
(1) members of the Armed Forces of the United States
are able to participate in the peacekeeping or peace enforcement
operation without risk of criminal prosecution or other assertion
of jurisdiction by the International Criminal Court because,
in authorizing the operation, the United Nations Security
Council permanently exempted, at a minimum, members of
the Armed Forces of the United States participating in the
operation from criminal prosecution or other assertion of juris-
diction by the International Criminal Court for actions under-
taken by them in connection with the operation;
(2) members of the Armed Forces of the United States
are able to participate in the peacekeeping or peace enforcement
operation without risk of criminal prosecution or other assertion
of jurisdiction by the International Criminal Court because
each country in which members of the Armed Forces of the
United States participating in the operation will be present
either is not a party to the International Criminal Court and
has not invoked the jurisdiction of the International Criminal
Court pursuant to Article 12 of the Rome Statute, or has
entered into an agreement in accordance with Article 98 of
the Rome Statute preventing the International Criminal Court
from proceeding against members of the Armed Forces of the
United States present in that country; or
(3) the national interests of the United States justify
participation by members of the Armed Forces of the United
States in the peacekeeping or peace enforcement operation.
SEC. 2006. PROHIBITION ON DIRECT OR INDIRECT TRANSFER OF
CLASSIFIED NATIONAL SECURITY INFORMATION AND
LAW ENFORCEMENT INFORMATION TO THE INTER-
NATIONAL CRIMINAL COURT.
(a) IN GENERAL.—Not later than the date on which the Rome
Statute enters into force, the President shall ensure that appro-
priate procedures are in place to prevent the transfer of classified
national security information and law enforcement information to
the International Criminal Court for the purpose of facilitating
an investigation, apprehension, or prosecution.
(b) INDIRECT TRANSFER.—The procedures adopted pursuant to
subsection (a) shall be designed to prevent the transfer to the
United Nations and to the government of any country that is
H. R. 4775—86
party to the International Criminal Court of classified national
security information and law enforcement information that specifi-
cally relates to matters known to be under investigation or prosecu-
tion by the International Criminal Court, except to the degree
that satisfactory assurances are received from the United Nations
or that government, as the case may be, that such information
will not be made available to the International Criminal Court
for the purpose of facilitating an investigation, apprehension, or
prosecution.
(c) CONSTRUCTION.—The provisions of this section shall not
be construed to prohibit any action permitted under section 2008.
SEC. 2007. PROHIBITION OF UNITED STATES MILITARY ASSISTANCE
TO PARTIES TO THE INTERNATIONAL CRIMINAL COURT.
(a) PROHIBITION
OF MILITARY ASSISTANCE.—Subject to sub-
sections (b) and (c), and effective 1 year after the date on which
the Rome Statute enters into force pursuant to Article 126 of
the Rome Statute, no United States military assistance may be
provided to the government of a country that is a party to the
International Criminal Court.
(b) NATIONAL INTEREST WAIVER.—The President may, without
prior notice to Congress, waive the prohibition of subsection (a)
with respect to a particular country if he determines and reports
to the appropriate congressional committees that it is important
to the national interest of the United States to waive such prohibi-
tion.
(c) ARTICLE 98 WAIVER.—The President may, without prior
notice to Congress, waive the prohibition of subsection (a) with
respect to a particular country if he determines and reports to
the appropriate congressional committees that such country has
entered into an agreement with the United States pursuant to
Article 98 of the Rome Statute preventing the International
Criminal court from proceeding against United States personnel
present in such country.
(d) EXEMPTION.—The prohibition of subsection (a) shall not
apply to the government of—
(1) a NATO member country;
(2) a major non-NATO ally (including Australia, Egypt,
Israel, Japan, Jordan, Argentina, the Republic of Korea, and
New Zealand); or
(3) Taiwan.
SEC. 2008. AUTHORITY TO FREE MEMBERS OF THE ARMED FORCES
OF THE UNITED STATES AND CERTAIN OTHER PERSONS
DETAINED OR IMPRISONED BY OR ON BEHALF OF THE
INTERNATIONAL CRIMINAL COURT.
(a) AUTHORITY.—The President is authorized to use all means
necessary and appropriate to bring about the release of any person
described in subsection (b) who is being detained or imprisoned
by, on behalf of, or at the request of the International Criminal
Court.
(b) PERSONS AUTHORIZED TO BE FREED.—The authority of sub-
section (a) shall extend to the following persons:
(1) Covered United States persons.
(2) Covered allied persons.
(3) Individuals detained or imprisoned for official actions
taken while the individual was a covered United States person
H. R. 4775—87
or a covered allied person, and in the case of a covered allied
person, upon the request of such government.
(c) AUTHORIZATION OF LEGAL ASSISTANCE.—When any person
described in subsection (b) is arrested, detained, investigated, pros-
ecuted, or imprisoned by, on behalf of, or at the request of the
International Criminal Court, the President is authorized to direct
any agency of the United States Government to provide—
(1) legal representation and other legal assistance to that
person (including, in the case of a person entitled to assistance
under section 1037 of title 10, United States Code, representa-
tion and other assistance in the manner provided in that sec-
tion);
(2) exculpatory evidence on behalf of that person; and
(3) defense of the interests of the United States through
appearance before the International Criminal Court pursuant
to Article 18 or 19 of the Rome Statute, or before the courts
or tribunals of any country.
(d) BRIBES AND OTHER INDUCEMENTS NOT AUTHORIZED.—This
section does not authorize the payment of bribes or the provision
of other such incentives to induce the release of a person described
in subsection (b).
SEC. 2009. ALLIANCE COMMAND ARRANGEMENTS.
(a) REPORT ON ALLIANCE COMMAND ARRANGEMENTS.—Not later
than 6 months after the date of the enactment of this Act, the
President should transmit to the appropriate congressional commit-
tees a report with respect to each military alliance to which the
United States is party—
(1) describing the degree to which members of the Armed
Forces of the United States may, in the context of military
operations undertaken by or pursuant to that alliance, be placed
under the command or operational control of foreign military
officers subject to the jurisdiction of the International Criminal
Court because they are nationals of a party to the International
Criminal Court; and
(2) evaluating the degree to which members of the Armed
Forces of the United States engaged in military operations
undertaken by or pursuant to that alliance may be exposed
to greater risks as a result of being placed under the command
or operational control of foreign military officers subject to
the jurisdiction of the International Criminal Court.
(b) DESCRIPTION OF MEASURES TO ACHIEVE ENHANCED PROTEC-
TION
FOR
MEMBERS
OF
THE
ARMED
FORCES
OF
THE
UNITED
STATES.—Not later than 1 year after the date of the enactment
of this Act, the President should transmit to the appropriate
congressional committees a description of modifications to command
and operational control arrangements within military alliances to
which the United States is a party that could be made in order
to reduce any risks to members of the Armed Forces of the United
States identified pursuant to subsection (a)(2).
(c) SUBMISSION IN CLASSIFIED FORM.—The report under sub-
section (a), and the description of measures under subsection (b),
or appropriate parts thereof, may be submitted in classified form.
SEC. 2010. WITHHOLDINGS.
Funds withheld from the United States share of assessments
to the United Nations or any other international organization
during any fiscal year pursuant to section 705 of the Admiral
H. R. 4775—88
James W. Nance and Meg Donovan Foreign Relations Authorization
Act, Fiscal Years 2000 and 2001 (as enacted by section 1000(a)(7)
of Public Law 106–113; 113 Stat. 1501A–460), are authorized to
be transferred to the Embassy Security, Construction and Mainte-
nance Account of the Department of State.
SEC. 2011. APPLICATION OF SECTIONS 2004 AND 2006 TO EXERCISE
OF CONSTITUTIONAL AUTHORITIES.
(a) IN GENERAL.—Sections 2004 and 2006 shall not apply to
any action or actions with respect to a specific matter involving
the International Criminal Court taken or directed by the President
on a case-by-case basis in the exercise of the President’s authority
as Commander in Chief of the Armed Forces of the United States
under article II, section 2 of the United States Constitution or
in the exercise of the executive power under article II, section
1 of the United States Constitution.
(b) NOTIFICATION TO CONGRESS.—
(1) IN GENERAL.—Subject to paragraph (2), not later than
15 days after the President takes or directs an action or actions
described in subsection (a) that would otherwise be prohibited
under section 2004 or 2006, the President shall submit a
notification of such action to the appropriate congressional
committees. A notification under this paragraph shall include
a description of the action, a determination that the action
is in the national interest of the United States, and a justifica-
tion for the action.
(2) EXCEPTION.—If the President determines that a full
notification under paragraph (1) could jeopardize the national
security of the United States or compromise a United States
law enforcement activity, not later than 15 days after the
President takes or directs an action or actions referred to
in paragraph (1) the President shall notify the appropriate
congressional committees that an action has been taken and
a determination has been made pursuant to this paragraph.
The President shall provide a full notification under paragraph
(1) not later than 15 days after the reasons for the determina-
tion under this paragraph no longer apply.
(c) CONSTRUCTION.—Nothing in this section shall be construed
as a grant of statutory authority to the President to take any
action.
SEC. 2012. NONDELEGATION.
The authorities vested in the President by sections 2003 and
2011(a) may not be delegated by the President pursuant to section
301 of title 3, United States Code, or any other provision of law.
The authority vested in the President by section 2005(c)(3) may
not be delegated by the President pursuant to section 301 of title
3, United States Code, or any other provision of law to any official
other than the Secretary of Defense, and if so delegated may not
be subdelegated.
SEC. 2013. DEFINITIONS.
As used in this title and in section 706 of the Admiral James
W. Nance and Meg Donovan Foreign Relations Authorization Act,
Fiscal Years 2000 and 2001:
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term
‘‘appropriate congressional committees’’ means the Committee
H. R. 4775—89
on International Relations of the House of Representatives
and the Committee on Foreign Relations of the Senate.
(2) CLASSIFIED
NATIONAL
SECURITY
INFORMATION.—The
term ‘‘classified national security information’’ means informa-
tion that is classified or classifiable under Executive Order
12958 or a successor Executive order.
(3) COVERED ALLIED PERSONS.—The term ‘‘covered allied
persons’’ means military personnel, elected or appointed offi-
cials, 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 Inter-
national Criminal Court and wishes its officials and other per-
sons working on its behalf to be exempted from the jurisdiction
of the International Criminal Court.
(4) COVERED UNITED STATES PERSONS.—The term ‘‘covered
United States persons’’ means members of the Armed Forces
of the United States, elected or appointed officials of the United
States Government, and other persons employed by or working
on behalf of the United States Government, for so long as
the United States is not a party to the International Criminal
Court.
(5) EXTRADITION.—The terms ‘‘extradition’’ and ‘‘extradite’’
mean the extradition of a person in accordance with the provi-
sions of chapter 209 of title 18, United States Code, (including
section 3181(b) of such title) and such terms include both extra-
dition and surrender as those terms are defined in Article
102 of the Rome Statute.
(6) INTERNATIONAL
CRIMINAL
COURT.—The term ‘‘Inter-
national Criminal Court’’ means the court established by the
Rome Statute.
(7) MAJOR NON-NATO ALLY.—The term ‘‘major non-NATO
ally’’ means a country that has been so designated in accordance
with section 517 of the Foreign Assistance Act of 1961.
(8) PARTICIPATE IN ANY PEACEKEEPING OPERATION UNDER
CHAPTER VI OF THE CHARTER OF THE UNITED NATIONS OR PEACE
ENFORCEMENT OPERATION UNDER CHAPTER VII OF THE CHARTER
OF THE UNITED NATIONS.—The term ‘‘participate in any peace-
keeping operation under chapter VI of the charter of the United
Nations or peace enforcement operation under chapter VII of
the charter of the United Nations’’ means to assign members
of the Armed Forces of the United States to a United Nations
military command structure as part of a peacekeeping operation
under chapter VI of the charter of the United Nations or
peace enforcement operation under chapter VII of the charter
of the United Nations in which those members of the Armed
Forces of the United States are subject to the command or
operational control of one or more foreign military officers not
appointed in conformity with article II, section 2, clause 2
of the Constitution of the United States.
(9) PARTY TO THE INTERNATIONAL CRIMINAL COURT.—The
term ‘‘party to the International Criminal Court’’ means a
government that has deposited an instrument of ratification,
acceptance, approval, or accession to the Rome Statute, and
has not withdrawn from the Rome Statute pursuant to Article
127 thereof.
H. R. 4775—90
(10) PEACEKEEPING OPERATION UNDER CHAPTER VI OF THE
CHARTER OF THE UNITED NATIONS OR PEACE ENFORCEMENT OPER-
ATION UNDER CHAPTER VII OF THE CHARTER OF THE UNITED
NATIONS.—The term ‘‘peacekeeping operation under chapter VI
of the charter of the United Nations or peace enforcement
operation under chapter VII of the charter of the United
Nations’’ means any military operation to maintain or restore
international peace and security that—
(A) is authorized by the United Nations Security
Council under chapter VI or VII of the charter of the
United Nations; and
(B) is paid for from assessed contributions of United
Nations members that are made available for peacekeeping
or peace enforcement activities.
(11) ROME STATUTE.—The term ‘‘Rome Statute’’ means the
Rome Statute of the International Criminal Court, adopted
by the United Nations Diplomatic Conference of Plenipotentia-
ries on the Establishment of an International Criminal Court
on July 17, 1998.
(12) SUPPORT.—The term ‘‘support’’ means assistance of
any kind, including financial support, transfer of property or
other material support, services, intelligence sharing, law
enforcement cooperation, the training or detail of personnel,
and the arrest or detention of individuals.
(13) UNITED
STATES
MILITARY
ASSISTANCE.—The term
‘‘United States military assistance’’ means—
(A) assistance provided under chapter 2 or 5 of part
II of the Foreign Assistance Act of 1961 (22 U.S.C. 2151
et seq.); or
(B) defense articles or defense services furnished with
the financial assistance of the United States Government,
including through loans and guarantees, under section 23
of the Arms Export Control Act (22 U.S.C. 2763).
SEC. 2014. REPEAL OF LIMITATION.
The Department of Defense Appropriations Act, 2002 (division
A of Public Law 107–117) is amended by striking section 8173.
SEC. 2015. ASSISTANCE TO INTERNATIONAL EFFORTS.
Nothing in this title shall prohibit the United States from
rendering assistance to international efforts to bring to justice
Saddam Hussein, Slobodan Milosovic, Osama bin Laden, other
members of Al Queda, leaders of Islamic Jihad, and other foreign
nationals accused of genocide, war crimes or crimes against
humanity.
TITLE III—OTHER MATTERS
SEC. 3001. AMENDMENTS TO THE CARIBBEAN BASIN ECONOMIC
RECOVERY ACT.
Section 213(b)(2)(A) of the Caribbean Basin Economic Recovery
Act (title II of Public Law 98–67; 19 U.S.C. 2703(b)(2)(A)) is
amended—
(1) in clause (i), by adding at the end the following:
‘‘Apparel articles shall qualify under the preceding sen-
tence only if all dyeing, printing, and finishing of the fabrics
from which the articles are assembled, if the fabrics are
knit fabrics, is carried out in the United States. Apparel
H. R. 4775—91
articles shall qualify under the first sentence of this clause
only if all dyeing, printing, and finishing of the fabrics
from which the articles are assembled, if the fabrics are
woven fabrics, is carried out in the United States.’’; and
(2) in clause (ii), by adding at the end the following:
‘‘Apparel articles shall qualify under the preceding sen-
tence only if all dyeing, printing, and finishing of the fabrics
from which the articles are assembled, if the fabrics are
knit fabrics, is carried out in the United States. Apparel
articles shall qualify under the first sentence of this clause
only if all dyeing, printing, and finishing of the fabrics
from which the articles are assembled, if the fabrics are
woven fabrics, is carried out in the United States.’’.
(b) ANDEAN TRADE PREFERENCE ACT.—Any duty free or other
preferential treatment provided under the Andean Trade Preference
Act to apparel articles assembled from fabric formed in the United
States shall apply to such articles only if all dyeing, printing,
and finishing of the fabrics from which the articles are assembled
if the fabrics are knit fabrics, is carried out in the United States.
Any duty-free or other preferential treatment provided under the
Andean Trade Preference Act to apparel articles assembled from
fabric formed in the United States shall apply to such articles
only if all dyeing, printing, and finishing of the fabrics from which
the articles are assembled if the fabrics are woven fabrics, is carried
out in the United States.
(c) EFFECTIVE DATE.—Subsection (b) and the amendments made
by subsection (a) shall take effect—
(1) 90 days after the date of the enactment of this Act,
or
(2) September 1, 2002,
whichever occurs first.
SEC. 3002. RURAL SERVICE IMPROVEMENT.
(a) SHORT TITLE.—This title may be cited as the ‘‘Rural Service
Improvement Act of 2002’’.
(b) FINDINGS.—Congress makes the following findings:
(1) The State of Alaska is the largest State in the Union
and has a very limited system of roads connecting communities.
(2) Alaska has more pilots per capita than any other State
in the Union.
(3) Pilots flying in Alaska are often the most skilled and
best-prepared pilots in the world.
(4) Air travel within the State of Alaska is often hampered
by severe weather conditions and treacherous terrain.
(5) The United States Government owns nearly 2⁄3 of
Alaska’s landmass, including large tracts of land separating
isolated communities within the State.
(6) Such Federal ownership has inhibited the ability of
Alaskans to build roads connecting isolated communities.
(7) Most communities and a large portion of the population
within the State can only be reached by air.
(8) The vast majority of food items and everyday necessities
destined for these isolated communities and populations can
only be transported through the air.
(9) The Intra-Alaska Bypass Mail system, created by Con-
gress and operated by the United States Postal Service under
section 5402 of title 39, United States Code, with input from
H. R. 4775—92
the Department of Transportation, connecting hundreds of rural
and isolated communities within the State, is a critical piece
of the Alaska and the national transportation system. The
system is like a 4-legged stool, designed to—
(A) provide the most affordable means of delivering
food and everyday necessities to these rural and isolated
communities;
(B) establish a system whereby the Postal Service can
meet its obligations to deliver mail to every house and
business in the United States;
(C) support affordable and reliable passenger service;
and
(D) support affordable and reliable nonmail freight
service.
(10) Without the Intra-Alaska Bypass Mail system—
(A) it would be difficult and more expensive for the
Postal Service to meet its obligation of delivering mail
to every house and business in the United States; and
(B) food, medicine, freight, and everyday necessities
and passenger service for these rural and isolated commu-
nities 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 car-
riers have been manipulating the system by carrying few, if
any, passengers and little nonmail freight while earning most
of their revenues from the carriage of nonpriority bypass mail.
(12) As long as the Federal Government continues to own
large tracts of land within the State of Alaska which impede
access to isolated communities, it is in the best interest of
the Postal Service, the residents of Alaska and the United
States—
(A) to ensure that the Intra-Alaska Bypass Mail system
remains strong, viable, and affordable for the Postal
Service;
(B) to ensure that residents of rural and isolated
communities in Alaska continue to have affordable, reliable,
and safe passenger service;
(C) to ensure that residents of rural and isolated
communities in Alaska continue to have affordable, reliable,
and safe nonmail freight service;
(D) to encourage that intra-Alaska air carriers move
toward safer, more secure, and more reliable air transpor-
tation under the Federal Aviation Administration’s guide-
lines and in accordance with part 121 of title 14, Code
of Federal Regulations, where such operations are sup-
ported by the needs of the community; and
(E) that Congress, pursuant to the authority granted
under Article I, section 8 of the United States Constitution
to establish Post Offices and post roads, make changes
to ensure that the Intra-Alaska Bypass Mail system con-
tinues to be used to support substantial passenger and
nonmail freight service and to reduce costs for the Postal
Service.
(c) SELECTION OF CARRIERS OF NONPRIORITY BYPASS MAIL TO
CERTAIN POINTS IN ALASKA.—
H. R. 4775—93
(1) DEFINITIONS.—Section 5402 of title 39, United States
Code, is amended—
(A) by striking subsection (e);
(B) by redesignating subsections (a) through (d) as
subsections (b) through (e), respectively; and
(C) by inserting before subsection (b), as redesignated,
the following:
‘‘(a) In this section—
‘‘(1) the term ‘acceptance point’ means the point at which
nonpriority bypass mail originates;
‘‘(2) the terms ‘air carrier’, ‘interstate air transportation’,
and ‘foreign air transportation’ have the meanings given such
terms in section 40102(a) of title 49, United States Code;
‘‘(3) the term ‘base fare’ means the fare paid to the carrier
issuing the passenger ticket or carrying nonmail freight which
may entail service being provided by more than 1 carrier;
‘‘(4) the term ‘bush carrier’ means a carrier operating air-
craft certificated within the payload capacity requirements of
subsection (g)(1)(D)(i) on a city pair route;
‘‘(5) the term ‘bush passenger carrier’ means a passenger
carrier that meets the requirements of subsection (g)(1)(D)(i)
and provides passenger service on a city pair route;
‘‘(6) the term ‘bush route’ means an air route in which
only a bush carrier is tendered nonpriority bypass mail between
the origination point, being either an acceptance point or a
hub, as determined by the Postal Service, and the destination
city;
‘‘(7) the term ‘city pair’ means service between an origin
and destination city pair;
‘‘(8) the term ‘composite rate’—
‘‘(A) means a combination of mainline and bush rates
paid to a bush carrier for a direct flight from an acceptance
point to a bush destination beyond a hub point; and
‘‘(B) shall be based on the mainline rate paid to the
hub, plus the lowest bush rate paid to bush carriers in
the State of Alaska for the distance traveled from the
hub point to the destination point;
‘‘(9) the term ‘equitable tender’ means the practice of the
Postal Service of equitably distributing mail on a fair and
reasonable basis between those air carriers that offer equivalent
services and costs between 2 communities in accordance with
the regulations of the Postal Service;
‘‘(10) the term ‘existing mainline carrier’ means a mainline
carrier (as defined in this subsection) that on January 1, 2001,
was—
‘‘(A) certified under part 121;
‘‘(B) qualified to provide mainline nonpriority bypass
mail service; and
‘‘(C) actually engaged in the carriage of mainline non-
priority bypass mail through scheduled service in the State
of Alaska;
‘‘(11) the term ‘mainline carrier’ means a carrier operating
aircraft under part 121 and certificated within the payload
capacity requirements of subsection (g)(1)(D)(ii) on a given city
pair route;
‘‘(12) the term ‘mainline route’ means a city pair in which
a mainline carrier is tendered nonpriority bypass mail;
H. R. 4775—94
‘‘(13) the term ‘new’, when referencing a carrier, means
a carrier that—
‘‘(A) meets the respective requirements of clause (i)
or (ii) of subsection (g)(1)(D), depending on the type of
route being served and the size of aircraft being used
to provide service; and
‘‘(B) began providing nonpriority bypass mail service
on a city pair route in the State of Alaska after January
1, 2001;
‘‘(14) the term ‘part 121’ means part 121 of title 14, Code
of Federal Regulations;
‘‘(15) the term ‘part 135’ means part 135 of title 14, Code
of Federal Regulations;
‘‘(16) the term ‘scheduled service’ means—
‘‘(A) flights are operated in common carriage available
to the general public under a published schedule;
‘‘(B) flight schedules are announced in advance in sys-
tems specified by the Postal Service, in addition to the
Official Airline Guide or the air cargo equivalent of that
Guide;
‘‘(C) flights depart whether full or not; and
‘‘(D) customers contract for carriage separately on a
regular basis;
‘‘(17) the term ‘Secretary’ means the Secretary of Transpor-
tation;
‘‘(18) the term ‘121 bush passenger carrier’ means a bush
passenger carrier providing passenger service on bush routes
under part 121;
‘‘(19) the term ‘121 mainline passenger carrier’ means a
mainline carrier providing passenger service through scheduled
service on routes under part 121;
‘‘(20) the term ‘121 passenger aircraft’ means an aircraft
flying passengers on a city pair route that is operated under
part 121;
‘‘(21) the term ‘121 passenger carrier’ means a passenger
carrier that provides scheduled service under part 121;
‘‘(22) the term ‘135 bush passenger carrier’ means a bush
passenger carrier providing passenger service through sched-
uled service on bush routes under part 135; and
‘‘(23) the term ‘135 passenger carrier’ means a passenger
carrier that provides scheduled service under part 135.’’.
(2) REQUIREMENTS FOR SELECTION.—Section 5402(g)(1) of
title 39, United States Code, is amended—
(A) in the matter preceding subparagraph (A), by
inserting after ‘‘in the State of Alaska,’’ the following: ‘‘shall
adhere to an equitable tender policy within a qualified
group of carriers, in accordance with the regulations of
the Postal Service, and’’;
(B) in subparagraph (C) by striking ‘‘to the best’’ and
all that follows before the semicolon; and
(C) in subparagraph (D) by inserting ‘‘with at least
3 scheduled (noncontract) flights per week between two
points’’ after ‘‘scheduled service’’.
(3) APPLICATION OF RATES.—Section 5402(g)(2) of title 39,
United States Code, is amended—
(A) by striking ‘‘and’’ at the end of subparagraph (A);
H. R. 4775—95
(B) by striking the period at the end of subparagraph
(B) and inserting a semicolon; and
(C) by adding at the end the following:
‘‘(C) shall offer a bush passenger carrier providing service
on a route in the State of Alaska between an acceptance point
and a hub not served by a mainline carrier the opportunity
to receive equitable tender of nonpriority bypass mail at main-
line service rates when a mainline carrier begins serving that
route if the bush passenger carrier—
‘‘(i) meets the requirements of paragraph (1);
‘‘(ii) provided at least 20 percent of the passenger
service (as calculated in subsection (h)(5)) between such
city pair for the 6 months immediately preceding the date
on which the bush carrier seeks such tender; and
‘‘(iii) continues to provide not less than 20 percent
of the passenger service on the city pair while seeking
such tender;
‘‘(D) shall offer bush passenger carriers and nonmail freight
carriers the opportunity to receive equitable tender of nonpri-
ority bypass mail at mainline service rates from a hub point
to a destination city in the State of Alaska if the city pair
is also being served by a mainline carrier and—
‘‘(i) for a passenger carrier—
‘‘(I) the carrier meets the requirements of para-
graph (1);
‘‘(II) the carrier provided at least 20 percent of
the passenger service (as calculated in subsection
(h)(5)) on the city pair route for the 6 months imme-
diately 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 para-
graph (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 imme-
diately preceding the date on which the carrier seeks
such tender;
‘‘(E)(i) shall not offer equitable tender of nonpriority main-
line bypass mail at mainline rates to a bush carrier operating
from an acceptance point to a hub point in the State of Alaska,
except as described in subparagraph (C); and
‘‘(ii) may tender nonpriority bypass mail at bush rates
to a bush carrier from an acceptance point to a hub point
in the State of Alaska if the Postal Service determines that—
‘‘(I) the bush carrier meets the requirements of para-
graph (1);
‘‘(II) the service to be provided on such route by the
bush carrier is not otherwise available through direct main-
line service; and
‘‘(III) tender of mail to such bush carrier will not
decrease the efficiency of nonpriority bypass mail service
(in terms of payments to all carriers providing service
on the city pair route and timely delivery) for the route;
H. R. 4775—96
‘‘(F) may offer tender of nonpriority bypass mail to a pas-
senger carrier from an acceptance point to a destination city
beyond a hub point in the State of Alaska at a composite
rate if the Postal Service determines that—
‘‘(i) the carrier provides passenger service in accordance
with the requirements of subsection (h)(2);
‘‘(ii) the carrier qualifies under subsection (h) to be
tendered nonpriority bypass mail out of the hub point
being bypassed;
‘‘(iii) the tender of such mail will not decrease efficiency
of delivery of nonpriority bypass mail service into or out
of the hub point being bypassed; and
‘‘(iv) such tender will result in reduced payments to
the carrier by the Postal Service over flying the entire
route; and
‘‘(G) notwithstanding subparagraph (F), shall offer equi-
table tender of nonpriority bypass mail in proportion to pas-
senger and nonmail freight mail pools described in this section
between qualified passenger and nonmail freight carriers on
a route from an acceptance point to a bush destination in
the State of Alaska at a composite rate if—
‘‘(i)(I) for a passenger carrier, the carrier receiving
the composite rate provided 20 percent of the passenger
service on the city pair route for the 12 months immediately
preceding the date on which the carrier seeks tender of
such mail; or
‘‘(II) for a nonmail freight carrier, the carrier receiving
the composite rate provided at least 25 percent of the
nonmail freight service for the 12 months immediately
preceding the date on which the carrier seeks tender of
such mail; and
‘‘(ii)(I) nonpriority bypass mail was being tendered to
a passenger carrier or a nonmail freight carrier at a com-
posite rate on such city pair route on January 1, 2000;
or
‘‘(II) the hub being bypassed was not served by a
mainline carrier on January 1, 2000.
The tender of nonpriority bypass mail under subparagraph (G)
shall be on an equitable basis between the qualified carriers that
provide the direct service on the city pair route and the qualified
carriers that provide service between the hub point being bypassed
and the destination point, based on the volume of nonpriority bypass
mail on both routes.’’.
(4) SELECTION
OF
CARRIERS
TO
HUB
POINTS.—Section
5402(g) of title 39, United States Code, is amended by adding
at the end the following:
‘‘(4)(A) Except as provided under subparagraph (B) and para-
graph (5), the Postal Service shall select only existing mainline
carriers to provide nonpriority bypass mail service between an
acceptance point and a hub point in the State of Alaska.
‘‘(B) The Postal Service may select a carrier other than an
existing mainline carrier to provide nonpriority bypass mail service
on a mainline route in the State of Alaska if—
‘‘(i) the Postal Service determines (in accordance with cri-
teria established in advance by the Postal Service) that the
mail service between the acceptance point and the hub point
H. R. 4775—97
is deficient and provides written notice of the determination
to existing mainline carriers to the hub point; and
‘‘(ii) after the 30-day period following issuance of notice
under clause (i), including notice of inadequate capacity, the
Postal Service determines that deficiencies in service to the
hub point have not been eliminated.
‘‘(5)(A) The Postal Service shall offer equitable tender of nonpri-
ority bypass mail to a new 121 mainline passenger carrier entering
a mainline route in the State of Alaska, if the carrier—
‘‘(i) meets the requirements of subsection (g)(1)(D)(ii); and
‘‘(ii) has provided at least 75 percent of the number of
insured passenger seats as the number of available passenger
seats being provided by the mainline passenger carrier pro-
viding the greatest number of available passenger seats on
that route for the 6 months immediately preceding the date
on which the carrier seeks tender of such mail.
‘‘(B) A new 121 mainline passenger carrier that is tendered
nonpriority mainline bypass mail under subparagraph (A)—
‘‘(i) shall be eligible for equitable tender of such mail only
on city pair routes where the carrier meets the conditions
of subparagraph (A);
‘‘(ii) may not count the passenger service provided under
subparagraph (A) toward the carrier meeting the minimum
requirements of this section; and
‘‘(iii) shall provide at least 20 percent of the passenger
service (as determined for bush passenger carriers in subsection
(h)(5)) on such route to remain eligible to be tendered nonpri-
ority mainline bypass mail.
‘‘(C) Notwithstanding subparagraph (A) and paragraph (1)(B),
a new 121 mainline passenger carrier, otherwise qualified under
this subsection, may immediately receive equitable tender of nonpri-
ority mainline bypass mail to a hub point in the State of Alaska
if the carrier meets the requirements of subparagraphs (A), (C),
and (D) of paragraph (1) and subsection (h)(2)(B) and—
‘‘(i) all qualified 121 mainline passenger carriers dis-
continue service on the city pair route; or
‘‘(ii) no 121 mainline passenger carrier serves the city pair
route.
‘‘(D) A carrier operating under a code share agreement on
the date of enactment of the Rural Service Improvement Act of
2002 that received tender of nonpriority mainline bypass mail on
a city pair route in the State of Alaska may count the passenger
service provided under the entire code share arrangement on such
route if the code share agreement terminates. That carrier shall
continue to provide at least 20 percent of the passenger service
(as determined for bush passenger carriers in subsection (h)(5))
between the city pair as a 121 mainline passenger carrier while
seeking such tender.
‘‘(6)(A) Notwithstanding paragraph (1)(B), passenger carriers
providing essential air service under a Department of Transpor-
tation order issued under subchapter II of chapter 417 of title
49, United States Code, shall be tendered all nonpriority mail,
in addition to all nonpriority bypass mail, by the Postal Service
to destination cities in the State of Alaska served by the essential
air service flights consistent with that order unless the Postal
Service finds that an essential air service carrier’s service does
not meet the needs of the Postal Service.
H. R. 4775—98
‘‘(B) Service provided under this paragraph, including service
provided to points served in conjunction with service being sub-
sidized under the Essential Air Service contract, may not be applied
toward any of the minimum eligibility requirements of this section.’’.
(5) SELECTION OF CARRIERS TO BUSH POINTS.—Section 5402
of title 39, United States Code, is amended by adding at the
end the following:
‘‘(h)(1) Except as provided under paragraph (7), on a city pair
route in the State of Alaska, the Postal Service shall offer equitable
tender of 70 percent of the nonpriority bypass mail on the route
to all carriers providing scheduled passenger service in accordance
with part 121 or part 135 that—
‘‘(A) meet the requirements of subsection (g)(1);
‘‘(B) provided 20 percent or more of the passenger service
(as calculated in paragraph (5)) between the city pair for the
12 months preceding the date on which the 121 passenger
aircraft or the 135 passenger carrier seek tender of nonpriority
bypass mail; and
‘‘(C) meet the requirements of paragraph (2).
‘‘(2) To remain eligible for equitable tender under this sub-
section, the carrier or aircraft shall—
‘‘(A) continue to provide not less than 20 percent of the
passenger service on the city pair route for which the carrier
is seeking the tender of such nonpriority bypass mail;
‘‘(B)(i) for operations under part 121, operate aircraft type
certificated to carry at least 19 passengers;
‘‘(ii) for operations under part 135, operate aircraft type
certificated to carry at least 5 passengers; or
‘‘(iii) for operations under part 135 where only a water
landing is available, operate aircraft type certificated to carry
at least 3 passengers;
‘‘(C) insure all available passenger seats on the city pair
route on which the carrier seeks tender of such mail; and
‘‘(D) operate flights under its published schedule.
‘‘(3)(A) Except as provided under subparagraph (E), if a 135
passenger carrier serves a city pair route in the State of Alaska
and meets the requirements of paragraph (1) or (2) when a 121
passenger carrier becomes qualified to be tendered nonpriority
bypass mail on such route with a 121 passenger aircraft in accord-
ance with paragraphs (1) and (2), the qualifying 135 passenger
carriers on that route shall convert to operations with a 121 pas-
senger aircraft within 5 years after the 121 passenger aircraft
begins receiving tender on that route in order to remain eligible
for equitable tender under paragraph (1). The 135 carrier shall—
‘‘(i) begin the process of conversion not later than 2 years
after the 121 passenger aircraft begins carrying nonpriority
bypass mail on that route; and
‘‘(ii) submit a part 121 compliance statement not later
than 4 years after the 121 passenger aircraft begins carrying
nonpriority bypass mail on that route.
‘‘(B) Completion of conversion under subparagraph (A) shall
not be required if all 121 passenger carriers discontinue the carriage
of nonpriority bypass mail with 121 passenger aircraft on the city
pair route.
‘‘(C) Any qualified carrier operating in the State of Alaska
under this section may request a waiver from subparagraph (A).
Such a request, at the discretion of the Secretary, may be granted
H. R. 4775—99
for good cause shown. The requesting party shall state the basis
for such a waiver.
‘‘(D) If after 6 years and 3 months following the date of enact-
ment of the Rural Service Improvement Act of 2002, a 135 passenger
carrier is providing service on a city pair route in the State of
Alaska and a 121 passenger aircraft becomes eligible to receive
tender of nonpriority bypass mail on the route, that 135 passenger
carrier shall convert to operations under part 121 within 12 months
of the 121 passenger carrier being tendered nonpriority bypass
mail. The Postal Service shall not continue the tender of nonpriority
bypass mail to a 135 passenger carrier that fails to convert to
part 121 operations within 12 months after the 121 passenger
carrier being tendered such mail under this paragraph.
‘‘(E) Notwithstanding the requirements of this subsection, if
only 1 passenger carrier or aircraft is qualified to be tendered
nonpriority bypass mail as a passenger carrier or aircraft on a
city pair route in the State of Alaska, the Postal Service shall
tender 20 percent of the nonpriority bypass mail described under
paragraph (1) to the passenger carrier or aircraft providing the
next highest level of passenger service on such route.
‘‘(4) Qualification for the tender of mail under this subsection
shall not be counted toward the minimum qualifications necessary
to be tendered nonpriority bypass mail on any other route.
‘‘(5)(A)(i) In this section, the percent of passenger service shall
be a percentage calculated using data collected under subsection
(k).
‘‘(ii) To ensure accurate reporting of market share the Postal
Service shall compare the resulting percentage under clause (i)
to the lesser of—
‘‘(I) the amount of the passenger excise tax paid by or
on behalf of a carrier, as determined by reviewing the collected
amount of base fares for passengers actually flown by a carrier
from the origination point to the destination point, divided
by the value of the total passenger excise taxes, as determined
by reviewing the collected amount of base fares paid by or
on behalf of all passenger carriers providing service from the
hub point to the bush destination point; or
‘‘(II) the amount of half of the passenger excise tax paid
by or on behalf of a carrier, as determined by reviewing the
collected amount of base fares for passengers actually flown
by a carrier on the city pair route, divided by the value of
the total passenger excise taxes, as determined by reviewing
the collected amount of base fares paid by or on behalf of
all passenger carriers providing service between the origination
point and the destination point.
‘‘(B) For the purposes of calculating passenger service as
described under subparagraph (A), a bush passenger carrier pro-
viding intervillage bush passenger service may include the carriage
of passengers carried along any point of the route between the
route’s origination point and the final destination point. Such cal-
culation shall be based only on the carriage of passengers on regu-
larly 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.
H. R. 4775—100
‘‘(6)(A) The Secretary shall establish new bush rates for pas-
senger carriers operating in the State of Alaska receiving tender
of nonpriority bypass mail under this subsection.
‘‘(B) The Secretary shall establish a bush rate based on data
collected under subsection (k) from 121 bush passenger carriers.
Such rates shall be paid to all bush passenger carriers operating
on city pair routes in the State of Alaska where a 121 bush pas-
senger carrier is tendered nonpriority bypass mail.
‘‘(C) The Secretary shall establish a bush rate based on data
collected under subsection (k) from 135 bush passenger carriers.
Such rates shall be paid to all bush passenger carriers operating
on bush city pair routes in the State of Alaska where no 121
bush passenger carrier is tendered nonpriority bypass mail.
‘‘(D) The Secretary shall establish a bush rate based on data
collected under subsection (k) from bush passenger carriers oper-
ating aircraft on city pair routes where only water landings are
available. Such rates shall be paid to all bush passenger carriers
operating on the city pair routes in the State of Alaska where
only water landings are available.
‘‘(7) The percentage rate in paragraph (1) shall be 75 percent
beginning 3 years and 3 months after the date of enactment of
the Rural Service Improvement Act of 2002.
‘‘(i)(1) Except as provided under paragraph (7), on a city pair
route in the State of Alaska, the Postal Service shall offer equitable
tender of 20 percent of the nonpriority bypass mail on such route
to those carriers transporting 25 percent or more of the total
nonmail freight (in revenue or weight as determined by the Postal
Service), for the 12 months immediately preceding the date on
which the freight carrier seeks tender of such mail.
‘‘(2) To remain eligible for equitable tender under this sub-
section, a freight carrier shall continue to provide not less than
25 percent of the nonmail freight service on the city pair route
for which the carrier is seeking tender of such mail.
‘‘(3) If a new freight carrier enters a market, the freight carrier
shall meet the minimum requirements of subsection (g)(1) and
shall operate for 12 months on a city pair route in the State
of Alaska before being eligible for equitable tender of nonpriority
bypass mail on that route.
‘‘(4) If no carrier qualifies for tender of nonpriority bypass
mail on a city pair route in the State of Alaska under this sub-
section, such mail to be divided under this subsection, as described
in paragraph (1), shall be tendered to the nonmail freight carrier
providing the highest percentage of nonmail freight service (in
terms of revenue or weight as determined by the Postal Service
as calculated under paragraph (6)) on the city pair route. If no
nonmail freight carrier is present on a city pair route in the State
of Alaska to receive tender of nonpriority bypass mail under this
paragraph, the nonpriority bypass mail to be divided under para-
graph (1) shall be divided equitably among carriers qualified under
subsection (h).
‘‘(5) Qualification for the tender of mail under this subsection
shall not be counted toward the minimum qualifications necessary
to be tendered nonpriority bypass mail on any other route.
‘‘(6)(A) In this subsection, the percent of nonmail freight shall
be calculated as a percentage, using the data provided pursuant
to subsection (k), by dividing the revenue or weight (as determined
by the Postal Service) of nonmail freight earned by or carried
H. R. 4775—101
by a carrier from the transport of nonmail freight from an origina-
tion point to a destination point by the total amount of revenue
or weight of nonmail freight earned by or carried by all carriers
from the transport of nonmail freight from the origination point
to the destination point.
‘‘(B) To ensure accurate reporting of market share the Postal
Service shall compare the resulting percentage under subparagraph
(A) to the lesser of—
‘‘(i) the amount of the freight excise tax paid by or on
behalf of a carrier, as determined by reviewing the collected
amount of base fares for nonmail freight actually flown by
a carrier from the origination point to the destination point,
divided by the value of the total nonmail freight excise taxes,
as determined by reviewing the collected amount of base fares
paid by or on behalf of all nonmail freight carriers providing
service from the origination point to the destination point;
or
‘‘(ii) the amount of half of the nonmail freight excise tax
paid by or on behalf of a carrier, as determined by reviewing
the collected amount of base fares for nonmail freight actually
flown by a carrier on the city pair route, divided by the value
of the total nonmail freight excise taxes, as determined by
reviewing the collected amount of base fares paid by or on
behalf of all nonmail freight carriers providing service on the
city pair route.
‘‘(7) The percentage rate in paragraph (1) shall be 25 percent
beginning 3 years and 3 months after the date of enactment of
the Rural Service Improvement Act of 2002.
‘‘(j)(1) Except as provided by paragraph (3), there shall be
equitable tender of 10 percent of the nonpriority bypass mail to
all carriers on each city pair route in the State of Alaska meeting
the requirements of subsection (g)(1) that do not otherwise qualify
for tender under subsection (h) or (i).
‘‘(2) If no carrier qualifies under this subsection with respect
to a city pair route, the 10 percent of nonpriority bypass mail
allocated under paragraph (1) shall be divided evenly between the
pools described under subsections (h) and (i) to be equitably ten-
dered among qualified carriers under such subsections, such that—
‘‘(A) the amount of nonpriority bypass mail available for
tender among qualified carriers under subsection (h) shall be
75 percent; and
‘‘(B) the amount of nonpriority bypass mail available for
tender among qualified carriers under subsection (i) shall be
25 percent.
‘‘(3)(A) Except as provided by subparagraph (B), the percentage
rate under paragraph (1) shall be 0 percent beginning 3 years
and 3 months after the date of enactment of the Rural Service
Improvement Act of 2002.
‘‘(B) The percentage rate under paragraph (1) shall remain
10 percent for equitable tender for 6 years and 3 months after
the date of enactment of the Rural Service Improvement Act of
2002 for a nonpriority bypass mail carrier on bush routes in the
State of Alaska originating from the main hub of the carrier des-
ignated under subparagraph (C), if the carrier seeking the tender
of such mail—
‘‘(i) meets the requirements of subsection (g)(1);
‘‘(ii) is not qualified under subsection (h) or (i);
H. R. 4775—102
‘‘(iii) operates routes originating from the main hub of
the carrier designated under subparagraph (C); and
‘‘(iv) has invested at least $500,000 in a physical hanger
facility prior to January 1, 2002 in such a hub city.
‘‘(C) For purposes of subparagraph (B), a carrier may designate
only one hub city as its main hub and once such designation
is transmitted to the Postal Service it may not be changed. Such
selection and transmission must be transmitted to the Postal
Service within 6 months of the date of enactment of the Rural
Service Improvement Act of 2002. A carrier attempting to receive
tender of nonpriority bypass mail under this subsection shall not
be eligible for such tender after the carrier becomes qualified for
tender of nonpriority bypass mail under subsection (h) or (i) on
any route. The purchase of another carrier’s hanger facility after
such date of enactment shall not be considered sufficient to meet
the requirement of subparagraph (B)(iv).
‘‘(k)(1) At least once every 2 years, in conjunction with annual
updates, the Secretary shall review the need for a bush mail rate
investigation. The Secretary shall use show cause procedures to
speedily and more accurately determine the cost of providing bush
mail service. In determining such rates, the Secretary shall not
take into account the cost of passenger insurance rates or premiums
paid by the passenger carriers or other costs associated with pas-
senger service.
‘‘(2) In order to ensure sufficient, reliable, and timely traffic
data to meet the requirements of this subsection, the Secretary
shall require—
‘‘(A) the monthly submission of the bush carrier’s data
on T–100 diskettes, or any other suitable form of data collection,
as determined by the Secretary; and
‘‘(B) the carriers to retain all books, records, and other
source and summary documentation to support their reports
and to preserve and maintain such documentation in a manner
that readily permits the audit and examination by representa-
tives of the Postal Service or the Secretary.
‘‘(3) Documentation under paragraph (2) shall be retained for
7 years or until the Secretary indicates that the records may be
destroyed. Copies of flight logs for aircraft sold or disposed of
shall be retained.
‘‘(4) Carriers qualified to be tendered nonpriority bypass mail
shall submit to the Secretary the number and type of aircraft
in the carrier’s fleet, the level of passenger insurance covering
its fleet, and the name of the insurance company providing such
coverage.
‘‘(5) Not later than 30 days after the last day of each calendar
month, carriers qualified or attempting to be qualified to be ten-
dered nonpriority bypass mail shall report to the Secretary the
excise taxes paid by city pair to the Department of the Treasury
and the weight of and revenue earned by the carriage of nonmail
freight. Final compiled data shall be made available to carriers
providing service in the hub.
‘‘(l) No qualified carrier may be tendered nonpriority bypass
mail under subsections (h) and (i) simultaneously on a route unless
no other carrier is tendered mail under either subsection.
‘‘(m)(1) Carriers qualifying for tender of nonpriority bypass
mail under subsections (h) and (i) simultaneously shall be tendered
such mail under subsection (h).
H. R. 4775—103
‘‘(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 acquisi-
tion between any 2 carriers operating between points in the State
of Alaska shall have the passenger and nonmail freight of all
such merged or acquired carriers on the applicable route counted
toward meeting the resulting carrier’s minimum requirements to
receive equitable tender of nonpriority bypass mail on such route
for the 12-month period following the date of the merger or acquisi-
tion.
‘‘(2) After the 12-month period described under paragraph (1),
the carrier resulting from the merger or acquisition shall dem-
onstrate that the carrier meets the minimum passenger or nonmail
freight carriage requirements of this section to continue receiving
tender of such mail.
‘‘(o) In addition to any penalties applied to a carrier by the
Federal Aviation Administration or the Secretary, any carrier that
significantly misstates passenger or nonmail freight data required
to be reported under this section on any route, in an attempt
to qualify for tender of nonpriority bypass mail, shall receive—
‘‘(1) a 1-month suspension of tender of nonpriority bypass
mail on the route where the data was misstated for the first
offense;
‘‘(2) a 6-month suspension of tender of nonpriority bypass
mail on the route where the data was misstated for the second
offense;
‘‘(3) a 1-year suspension of tender of all nonpriority bypass
mail in the entire State of Alaska for the third offense in
the State; and
‘‘(4) a permanent suspension of tender of all nonpriority
bypass mail in the entire State of Alaska for the fourth offense
in the State.
‘‘(p)(1) The Postal Service or the Secretary, in carrying out
subsection (g)(2), (h), or (i), may deny equitable tender to an other-
wise qualified carrier that does not operate under this section
in good faith or under the intent of this section.
‘‘(2) The Postal Service or the Secretary may waive any provi-
sion of subsection (h) or (i), if the carrier provides substantial
passenger or nonmail freight service on the route in the State
of Alaska where the carrier seeks tender of nonpriority mail and
nonpriority bypass mail.
‘‘(3) To ensure adequate competition among passenger carriers
on a mainline route in the State of Alaska the Postal Service
or the Secretary may waive the requirements of subsection (g)(1)(D),
(g)(2)(E), (g)(4), or (g)(5), or any provision of subsection (h) if a
121 bush passenger carrier seeks tender of nonpriority bypass mail
on a mainline route in the State of Alaska not served by a 121
mainline passenger carrier and the 121 bush passenger carrier
provides substantial passenger service on the route. Waivers pro-
vided for under this paragraph shall be granted only in extreme
cases of lack of competition and only to extent that are absolutely
necessary to meet the minimum needs of the community. Waivers
granted under this subsection shall cease to be valid once a qualified
H. R. 4775—104
mainline passenger carrier begins providing service and seeks
tender of nonpriority bypass mail in accordance with this section
on the city pair route. The receipt of waivers and subsequent
operation of service on a city pair route under this subsection
shall not be counted towards meeting the requirements of any
part of this section for any other city pair route.
‘‘(4) In granting waivers for or denying tender to carriers under
this subsection, the Postal Service or the Secretary shall consider
in the following order of importance—
‘‘(A) the passenger needs of the destination to be served
(including amount and level);
‘‘(B) the nonmail freight needs of the destination to be
served;
‘‘(C) the amount of nonpriority bypass mail service already
available to the destination;
‘‘(D) the mail needs of the destination to be served;
‘‘(E) the savings to the Postal Service in terms of payments
made to carriers;
‘‘(F) the amount or level of passenger service already avail-
able to the destination; and
‘‘(G) the amount of nonmail freight service already available
to the destination.
‘‘(q) The Secretary shall make a regular review of carriers
receiving, or attempting to qualify to receive, equitable tender of
nonpriority bypass mail on a city pair route in the State of Alaska.
If the Secretary suspends or revokes an operating certificate, the
Secretary shall notify the Postal Service. Upon such notification,
the Postal Service shall cease tender of mail to such carrier until
the Secretary certifies the carrier is operating in a safe manner.
Upon such receipt, the carrier shall demonstrate that it otherwise
meets the minimum carriage requirements of this section before
being tendered mail under this section.
‘‘(r) The Postal Service shall have the authority to tender non-
priority bypass mail to any carrier that meets the requirements
of subsection (g)(1) on any city pair route in the State of Alaska
on an emergency basis. Such emergency tender shall cease when
a carrier qualifies for tender on such route under the terms of
this section.
‘‘(s) Notwithstanding any other provision of law, and except
for written contracts authorized under subsections (b), (c) and (d),
tender by the Postal Service of any category of mail to a carrier
for transportation between any two points in the State of Alaska
shall not give rise to any contract between the Postal Service
and a carrier, nor shall any such carrier acquire any right in
continued or future tender of such mail by virtue of past or present
receipt of such mail. This subsection shall apply to any case com-
menced before, on, or after the date of enactment of this sub-
section.’’.
(d) ACTIONS
OF AIR CARRIERS TO QUALIFY.—Beginning 6
months after the date of enactment of this Act, if the Secretary
determines, based on the Secretary’s findings and recommendations
of the Postal Service, that an air carrier being tendered nonpriority
bush bypass mail is not taking actions to attempt to qualify as
a bush passenger or nonmail freight carrier under section 5402
of title 39, United States Code (as amended by this title), the
Postal Service shall immediately cease tender of all nonpriority
bypass mail to such carrier.
H. R. 4775—105
(e) TECHNICAL AND CONFORMING AMENDMENTS.—
(1) TITLE 39.—Section 5402 of title 39, United States Code,
is amended—
(A) in subsections (b) through (e) (as redesignated by
this title) and subsection (f) by striking ‘‘Secretary of
Transportation’’ each place it appears and inserting ‘‘Sec-
retary’’; and
(B) in subsection (f)—
(i) by striking ‘‘subsections (a), (b), and (c)’’ and
inserting ‘‘subsections (b), (c), and (d)’’; and
(ii) by striking ‘‘subsection (d)’’ and inserting ‘‘sub-
section (e)’’.
(2) TITLE 49.—Section 41901(a) of title 49, United States
Code, is amended by striking ‘‘5402(d)’’ and inserting ‘‘5402(e)’’.
(f) REPORTS TO CONGRESS.—Not later than 18 months after
the date of enactment of this Act, the Postal Service and the
Secretary of Transportation shall submit a report to the Committee
on Government Reform of the House of Representatives and the
Committee on Governmental Affairs of the Senate on the progress
of implementing this title.
(g) EFFECTIVE DATES.—
(1) IN GENERAL.—Except as provided under paragraph (2),
this title (including the amendments made by this title) shall
take effect on the date of enactment of this Act.
(2) SELECTION
OF
CARRIERS.—The amendment made by
subsection (c)(5) shall take effect 15 months after the date
of enactment of this Act.
(h) In publishing the Act in slip form and in the United States
Statutes at Large pursuant to section 112, of title 1, United States
Code, the Archivist of the United States shall include after the
date of approval at the end an appendix setting forth the text
of the bill referred to in subsection (a).
SEC. 3003. AMENDMENTS TO THE ALASKA NATIVE CLAIMS SETTLE-
MENT ACT.
In subsection (e)(4) of the Alaska Native Claims Settlement
Act created by section 702 of Public Law 107–117—
(1) paragraph (B) is amended by—
(A) striking ‘‘subsection (e)(2)’’ and inserting in lieu
thereof ‘‘subsections (e)(1) or (e)(2)’’; and
(B) striking ‘‘obligations under section 7 of P.L. 87–
305’’ and inserting in lieu thereof ‘‘small or small disadvan-
taged business subcontracting goals under section 502 of
P.L. 100–656, provided that where lower tier subcontractors
exist, the entity shall designate the appropriate contractor
or contractors to receive such credit’’; and
(2) paragraph (C) is amended by striking ‘‘subsection (e)(2)’’
and inserting ‘‘subsection (e)(1) or (e)(2)’’.