2002 Supplemental Appropriations Act for Further Recovery From and Response To Terrorist Attacks on the United States
PL 107-206 (H.R.4775), enacted 08/02/2002

116 STAT. 820 
PUBLIC LAW 107-206—AUG. 2, 2002 
Public Law 107-206 
107th Congress 
An Act 
Aug. 2, 2002 
[H.R. 4775] 
2002 
Supplemental 
Appropriations 
Act for Further 
Recovery From 
and Response To 
Terrorist Attacks 
on the United 
States. 
Making supplemental appropriations for further recovery from and response to 
terrorist attacks on the United States for the fiscal year ending September 30, 
2002, and for other purposes. 
Be it enacted by the Senate and House of Representatives 
of 
the United States of America in Congress assembled. That the 
following sums are appropriated, out of any money in the Treasury 
not otherwise appropriated, for the fiscal year ending September 
30, 2002, and for other purposes, namely: 
TITLE I—SUPPLEMENTAL APPROPRIATIONS 
CHAPTER 1 
DEPARTMENT OF AGRICULTURE 
OFFICE OF THE SECRETARY 
(INCLUDING TRANSFERS OF FUNDS) 
For an additional amount for "Office of the Secretary", 
$18,000,000, to remain available until expended: Provided, That 
the Secretary shall transfer these funds to the Agricultural Research 
Service, the Animal and Plant Health Inspection Service, the Agri-
cultural Marketing Service, and/or the Food Safety and Inspection 
Service: Provided further. That the entire amount is designated 
by the Congress as an emergency requirement pursuant to section 
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended: Provided further, That the entire amount 
shall be available only to the extent an official budget request 
that includes designation of the entire amount of the request as 
an emergency requirement as defined in the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended, is transmitted 
by the President to the Congress. 
AGRICULTURAL RESEARCH SERVICE 
SALARIES AND EXPENSES 
For an additional amount for "Salaries and Expenses", 
$8,000,000, to remain available until September 30, 2003: Provided, 
That the entire amount is designated by the Congress as an 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 
PUBLIC LAW 107-206—AUG. 2, 2002 
116 STAT. 821 
of the entire amount of the request as an emergency requirement 
as defined in the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended, is transmitted by the President to the 
Congress. 
BUILDINGS AND FACILITIES 
For an additional amount for "Buildings and Facilities", 
$25,000,000, to remain available until expended. 
COOPERATIVE STATE RESEARCH, EDUCATION, AND EXTENSION 
SERVICE 
EXTENSION ACTIVITIES 
For an additional amount for "Extension Activities", $6,000,000, 
to remain available until September 30, 2003: Provided, That the 
entire amount is designated by the Congress as an emergency 
requirement pursuant to section 251(b)(2)(A) of the Balanced Budget 
and Emergency Deficit Control Act of 1985, as amended: Provided 
furthery That the entire amount shall be available only to the 
extent an official budget request that includes designation of the 
entire amount of the request as an emergency requirement as 
defined in the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended, is transmitted by the President to the 
Congress. 
ANIMAL AND PLANT HEALTH INSPECTION SERVICE 
SALARIES AND EXPENSES 
For an additional amount for "Salaries and Expenses", 
$33,000,000, to remain available until September 30, 2003: Pro-
vided, That this amount shall include assistance in State efforts 
to prevent and control transmissible spongiform encephalopathy, 
including chronic wasting disease and scrapie, in farmed and free-
ranging animals: Provided further. That the entire amount is des-
ignated 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 the 
entire amount shall be available only to the extent an official 
budget request that includes designation of the entire amount of 
the request as an emergency requirement as defined in the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended, 
is transmitted by the President to the Congress. 
FOOD SAFETY AND INSPECTION SERVICE 
For an additional amount for "Food Safety and Inspection 
Service", $13,000,000, to remain available until September 30, 2003: 
Provided, That the entire amount is designated by the Congress 
as an emergency requirement pursuant to section 251(b)(2)(A) of 
the Balanced Budget and Emergency Deficit Control Act of 1985, 
as amended: Provided further, That the entire amount shall be 
available only to the extent an official budget request that includes 
designation of the entire amount of the request as an emergency 
requirement as defined in the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended, is transmitted by the 
President to the Congress. 
116 STAT. 822 
PUBLIC LAW 107-206—AUG. 2, 2002 
NATURAL RESOURCES CONSERVATION SERVICE 
WATERSHED AND FLOOD PREVENTION OPERATIONS 
For an additional amount for "Watershed and Flood Prevention 
Operations", for emergency recovery operations, $144,000,000, to 
remain available until expended: Provided, That of this amount, 
$50,000,000 is designated by the Congress as an emergency require-
ment pursuant to section 251(b)(2)(A) of the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended: Provided fur-
ther, That $50,000,000 shall be available only to the extent an 
official budget request, that includes designation of $50,000,000 
as an emergency requirement as defined in the Balanced Budget 
and Emergency Deficit Control Act of 1985, as amended, is trans-
mitted by the President to the Congress. 
RURAL DEVELOPMENT 
RURAL COMMUNITY ADVANCEMENT PROGRAM 
For an additional amount for "Rural Community Advancement 
Program" for emergency purposes for grants and loans as authorized 
by 7 U.S.C. 381E(d)(2), 306(a)(14), and 306C, $20,000,000, with 
up to $5,000,000 for contracting with qualified organization(s) to 
conduct vulnerability assessments for rural community water sys-
tems, to remain available until expended: Provided, That the entire 
amount is designated by the Congress as an emergency requirement 
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985, as amended: Provided 
further, 
That the entire amount shall be available only to the extent an 
official budget request that includes designation of the entire 
amount of the request as an emergency requirement as defined 
in the Balanced Budget and Emergency Deficit Control Act of 
1985, as amended, is transmitted by the President to the Congress. 
RURAL UTILITIES SERVICE 
LOCAL TELEVISION LOAN GUARANTEE PROGRAM ACCOUNT 
(INCLUDING RESCISSION) 
Of funds made available under this heading for the cost of 
guaranteed loans, including the cost of modifying loans as defined 
in section 502 of the Congressional Budget Act of 1974, $20,000,000 
are rescinded. 
For an additional amount for "Local Television Loan Guarantee 
Program Account", $8,000,000, to remain available until expended. 
FOOD AND NUTRITION SERVICE 
SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, 
AND CHILDREN (WIC) 
For an additional amount for "Special Supplemental Nutrition 
Program for Women, Infants, and Children (WIC)", $75,000,000, 
to remain available until September 30, 2003: Provided, That of 
the amounts provided under this heading, the Secretary shall allo-
cate funds, notwithstanding section 17(i) of the Child Nutrition 
PUBLIC LAW 107-206—AUG. 2, 2002 
116 STAT. 823 
Act of 1966, as amended, in the manner and under a formula 
the Secretary deems necessary to respond to caseload requirements. 
FOOD STAMP PROGRAM 
(RESCISSION) 
Of funds which may be reserved by the Secretary for allocation 
to State agencies under section 16(hXl) of the Food Stamp Act 
of 1977 to carry out the Employment and Training program, 
$24,000,000 are rescinded and returned to the Treasury. 
DEPARTMENT OF HEALTH AND HUMAN SERVICES 
FOOD AND DRUG ADMINISTRATION 
SALARIES AND EXPENSES 
For an additional amount for "Food and Drug Administration, 
Salaries and Expenses", $17,000,000, to remain available until 
expended: Provided, That the entire amount is designated by the 
Congress as an emergency requirement pursuant to section 
251(b)(2)(A) of such Act: Provided further, That the entire amount 
shall be available only to the extent an official budget request, 
that includes designation of the entire amount of the request as 
an emergency requirement as defined in the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended, is transmitted 
by the President to the Congress. 
GENERAL PROVISIONS—THIS CHAPTER 
SEC. 101. Of the fiinds made available for the Export Enhance-
ment Program, pursuant to section 301(e) of the Agricultural Trade 
Act of 1978, as amended by Public Law 104-127, not more than 
$33,000,000 shall be available in fiscal year 2002. 
SEC. 102. ASSISTANCE TO AGRICULTURAL PRODUCERS WHO HAVE 
USED WATER FOR IRRIGATION FROM THE RIO GRANDE, (a) IN GEN-
ERAL.—^The Secretary of Agriculture shall use $10,000,000 of the 
funds of the Commodity Credit Corporation to make a grant to 
the State of Texas, acting through the Texas Department of Agri-
culture, to provide assistance to agricultural producers in the State 
of Texas with farming operations along the Rio Grande who have 
suffered economic losses during the 2001 crop year due to the 
failure of Mexico to deliver water to the United States in accordance 
with the Treaty Relating to the Utilization of Waters of the Colorado 
and Tijuana Rivers and of the Rio Grande, and Supplementary 
Protocol signed November 14, 1944, signed at Washington on Feb-
ruary 3, 1944 (59 Stat. 1219; TS 944). 
(b) AMOUNT.—^The amount of assistance provided to individual 
agricultural producers under this section shall be proportional to 
the amount of actual losses described in subsection (a) that were 
incurred by the producers. 
SEC. 103. Not later than 14 days after the date of enactment Deadline, 
of this Act, the Secretary of Agriculture shall carry out the transfer 
43 use 2211 
of funds under section 2507(a) of the Food Security and Rural 
Investment Act of 2002 (Public Law 107-171). 
SEC. 
104. (a) 
RESCISSION.—The unobligated 
balances of 
authority available under section 2108(a) of Public Law 107-20 
are rescinded prior to the end of fiscal year 2002. 
note. 
116 STAT. 824 
PUBLIC LAW 107-206—AUG. 2, 2002 
(b) APPROPRIATION.—^There is appropriated to the Secretary 
of Agriculture an amount equal to the unobligated balance rescinded 
by subsection (a) for expenses through fisc^ year 2003 under the 
i^^icultural Trade Development and Assistance Act of 1954, as 
amended (7 U.S.C. 1721-1726a) for commodities supplied in connec-
tion with dispositions abroad pursuant to title II of said Act. 
SEC. 105. Section 416(b)(7)(D)(iv) of the Agricultural Act of 
1949 (7 U.S.C. 1431(b)(7)(D)(iv)) is amended by striking "sub-
section." and inserting in lieu thereof the following: "subsection, 
or to otherwise carry out the purposes of this subsection.". 
SEC. 106. Notwithstanding any other provision of law and effec-
tive on the date of enactment of this Act, the Secretary may use 
an amount not to exceed $12,000,000 from the amounts appro-
priated under the heading "Food Safety and Inspection Service" 
under the Agriculture, Rural Development, Food and Drug Adminis-
tration, and Related Agencies Appropriations Act, 2001 (Public Law 
106-387) to liquidate over-obligations and over-expenditures of the 
Food Safety and Inspection Service incurred during previous fiscal 
years, approved by the Director of the Office of Management and 
Budget based on documentation provided by the Secretary of Agri-
culture. 
CHAPTER2 
DEPARTMENT OF JUSTICE 
GENERAL ADMINISTRATION 
SALARIES AND EXPENSES 
For an additional amount for "Salaries and Expenses" for 
expenses resulting from the September 11, 2001, terrorist attacks, 
$6,750,000: Provided, That such sums as are necessary shall be 
derived from the Working Capital Fund for the development, 
testing, and deplo3mient of a standards-based, integrated, interoper-
able computer system for the Immigration and Naturalization 
Service ("Chimera system"), to be managed by Justice Management 
Division: Provided further, That of the amounts made available 
under this heading, $1,000,000 shall only be for the Entry Exit 
System, to be managed by the Justice Management Division: Pro-
vided further. That none of the funds appropriated in this Act, 
or in Public Law 107-117, for the Immigration and Naturalization 
Service's Entry Exit System may be obligated until the INS submits 
a plan for expenditure that: (1) meets the capital planning and 
investment control review requirements established by the Office 
of Management and Budget, including 0MB Circular A-11, part 
3; (2) complies with the acquisition rules, requirements, guidelines, 
and systems acquisition management practices of the Federal 
Government; (3) is reviewed by the General Accounting Office; 
and (4) has been approved by the Committees on Appropriations: 
Provided further. That funds provided under this heading shall 
only be available for obligation and expenditure in accordance with 
the procedures applicable to reprogramming notifications set forth 
in section 605 of Public Law 107-77: Provided further. That the 
entire amount is designated by the Congress as an emergency 
requirement pursuant to section 251(b)(2)(A) of the Balanced Budget 
and Emergency Deficit Control Act of 1985, as amended: Provided 
further. That $1,000,000 shall be available only to the extent an 
TUBLId Um 107-206-^AUG. 2, 2002 
116 STAT. 825 
official budget request that includes designation of the $1,000,000 
as an emergency requirement as defined in the Balanced Budget 
and Emergency Deficit Control Act of 1985, as amended, is trans-
mitted by the President to the Congress. 
SALARIES AND EXPENSES, UNITED STATES ATTORNEYS 
(RESCISSION) 
Of the amounts made available under this heading in Public 
Law 107-77, $7,000,000 are rescinded. 
SALARIES AND EXPENSES, UNITED STATES MARSHALS SERVICE 
For an additional amount for "Salaries and Expenses" for emer-
gency expenses resulting from the September 11, 2001, terrorist 
attacks, $37,900,000, to remain available until expended: Provided, 
That the entire amount is designated by the Congress as an 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 that an official budget request, that includes designa-
tion of the entire amount of the request as an emergency require-
ment as defined in the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended, is transmitted by the President 
to the Congress. 
FEDERAL PRISONER DETENTION 
(RESCISSION) 
Of the amounts made available under this heading in Public 
Law 107-77, $30,000,000 are rescinded. 
ASSETS FORFEITURE FUND 
(RESCISSION) 
Of the unobligated balances available under this heading, 
$5,000,000 are rescinded. 
F E D E R A L B U R E A U OF INVESTIGATION 
SALARIES AND EXPENSES 
For an additional amount for "Salaries and Expenses" for emer-
gency expenses resulting from the September 11, 2001, terrorist 
attacks, $175,000,000, to remain available until September 30, 2004: 
Provided, That the entire amount is designated by the Congress 
as an emergency requirement pursuant to section 251(b)(2)(A) of 
the Balanced Budget and Emergency Deficit Control Act of 1985, 
as amended: Provided further. That $165,000,000 shall be available 
only to the extent that an official budget request that includes 
designation of the $165,000,000 as an emergency requirement as 
defined in the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended, is transmitted by the President to the 
Congress. 
116 STAT. 826 
PUBLIC LAW 107-206—AUG. 2, 2002 
IMMIGRATION AND NATURALIZATION SERVICE 
SALARIES AND EXPENSES 
ENFORCEMENT AND BORDER AFFAIRS 
For an additional amount for "Salaries and Expenses, Enforce-
ment and Border Affairs" for emergency expenses resulting from 
the September 11, 2001, terrorist attacks, $81,250,000, to remain 
available until expended, of which $25,000,000 shall only be avail-
able for fleet management: Provided, That the entire amount is 
designated by the Congress as an emergency requirement pursuant 
to section 251(b)(2)(A) of the Balanced Budget and Emergency Def-
icit Control Act of 1985, as amended: Provided further. 
That 
$46,250,000 shall be available only to the extent that an official 
budget request that includes designation of the $46,250,000 as 
an emergency requirement as defined in the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended, is transmitted 
by the President to the Congress. 
CONSTRUCTION 
For an additional amount for "Construction" for emergency 
expenses resulting from the September 11, 2001, terrorist attacks, 
$32,100,000, to remain available until expended: Provided, That 
the entire amount is designated by the Congress as an emergency 
requirement pursuant to section 251(b)(2XA) of the Balanced Budget 
and Emergency Deficit Control Act of 1985, as amended: Provided 
further. That the entire amount shall be available only to the 
extent an official budget request that includes designation of the 
entire amount of the request as an emergency requirement as 
defined in the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended, is transmitted by the President to the 
Congress. 
FEDERAL PRISON SYSTEM 
BUILDINGS AND FACILITIES 
(RESCISSION) 
Of the amounts made available under this heading in Public 
Law 107-77 for buildings and facilities, $5,000,000 are rescinded. 
OFFICE OF JUSTICE PROGRAMS 
JUSTICE ASSISTANCE 
(INCLUDING RESCISSION) 
For an additional amount for "Justice Assistance" for grants, 
cooperative agreements, and other assistance authorized by sections 
819 and 821 of the Antiterrorism and Effective Death Penalty 
Act of 1996 and section 1014 of the USA PATRIOT Act (Public 
Law 107-56) and for other counter-terrorism programs, including 
first responder training and equipment to respond to acts of ter-
rorism, including incidents involving weapons of mass destruction 
or chemical or biological weapons, $151,300,000, to remain available 
until expended: Provided, That no funds under this heading shall 
be used to duplicate the Federal Emergency Management Agency 
PUBLIC LAW 107-206—AUG. 2, 2002 
116 STAT. 827 
Fire Grant program: Provided further. That the entire amount 
is designated by the Congress as an emergency requirement pursu-
ant to section 251(b)(2)(A) of the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended: Provided further. That 
the entire amount shall be available only to the extent an official 
budget request that includes designation of the entire amount of 
the request as an emergency requirement as defined in the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended, 
is transmitted by the President to the Congress. 
Of the amounts made available under this heading for the 
Office of the Assistant Attorney General for Office of Justice Pro-
grams, $600,000 are rescinded. 
COMMUNITY ORIENTED POUCING SERVICES 
For an amount to establish the Community Oriented Policing 
Services' Interoperable Communications Technology Program in 
consultation with the Office of Science and Technology within the 
National Institute of Justice, and the Bureau of Justice Assistance, 
for emergency expenses for activities related to combating terrorism 
by providing grants to States and localities to improve communica-
tions within, and among, law enforcement agencies, $50,000,000, 
to remain available until expended: Provided, That the entire 
amount is designated by the Congress as an emergency requirement 
pursuant to section 251(b)(2)(A) of the Balanced Budget and 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. 
DEPARTMENT OF COMMERCE AND RELATED AGENCIES 
RELATED AGENCIES 
OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE 
• 
SALARIES AND EXPENSES 
For an additional amount for "Salaries and Expenses" for emer-
gency expenses for increased security requirements, $1,100,000, 
to remain available until expended: Provided, That the entire 
amount is designated by the Congress as an emergency requirement 
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985, as amended: Provided 
further. 
That the entire amount shall be available only to the extent that 
an official budget request, that includes designation of the entire 
amount of the request as an emergency requirement as defined 
in the Balanced Budget and Emergency Deficit Control Act of 
1985, as amended, is transmitted by the President to the Congress. 
116 STAT. 828 
PUBLIC LAW 107-206—AUG. 2, 2002 
DEPARTMENT OF COMMERCE 
BUREAU OF THE CENSUS 
PERIODIC CENSUSES AND PROGRAMS 
(RESCISSION) 
Of the amounts made available under this heading in prior 
fiscal years, excepting funds designated for the Suitland Federal 
Center, $11,300,000 are rescinded. 
NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY 
SCIENTIFIC A N D TECHNICAL RESEARCH AND SERVICES 
For an additional amount for "Scientific and Technical Research 
and Services" for emergency expenses resulting from new homeland 
security activities and increased security requirements, $37,100,000, 
of which $20,000,000 is for a cyber-security initiative: Provided, 
That the entire amount is designated by the Congress as an 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 $33,100,000 shall be available only to the 
extent an official budget request that includes designation of the 
$33,100,000 as an emergency requirement as defined in the Bal-
anced Budget and Emergency Deficit Control Act of 1985, as 
amended, is transmitted by the President to the Congress. 
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION 
OPERATIONS, R E S E A R C H , AND FACILITIES 
(INCLUDING RESCISSION) 
For an additional amount for "Operations, Research, and Facili-
ties" for emergency expenses resulting from homeland security 
aActivities, $4,800,000, of which $2,000,000 is to address critical 
mapping and charting backlog requirements and $2,800,000 is for 
backup capability for National Oceanic and Atmospheric Adminis-
tration critical satellite products and services, to remain available 
until September 30, 2003: Provided, That $2,800,000 is designated 
by the Congress as an emergency requirement pursuant to section 
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended: Provided further, That $2,800,000 shall 
be available only to the extent an official budget request that 
includes designation of the $2,800,000 as an emergency requirement 
as defined in the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended, is transmitted by the President to the 
Congress. 
Of the unobligated balances remaining under this heading as 
provided by section 817 of Public Law 106-78, $8,100,000 are 
rescinded. 
PROCUREMENT, ACQUISITION AND CONSTRUCTION 
For an additional amount for "Procurement, Acquisition and 
Construction" for emergency expenses resulting from homeland 
security activities, $7,200,000 for a supercomputer backup, to 
PUBLIC LAW 107-206—AUG. 2, 2002 
116 STAT. 829 
remain available until September 30, 2003: Provided, That the 
entire amount is designated by the Congress as an emergency 
requirement pursuant to section 251(b)(2)(A) of the Balanced Budget 
and Emergency Deficit Control Act of 1985, as amended: Provided 
further. That the entire amount shall be available only to the 
extent an official budget request that includes designation of the 
entire amount of the request as an emergency requirement as 
defined in the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended, is transmitted by the President to the 
Congress. 
FISHERIES FINANCE PROGRAM ACCOUNT 
Funds provided under the heading, "Fisheries Finance Program 
Account" for the direct loan program authorized by the Merchant 
Marine Act of 1936, as amended, are available to subsidize gross 
obligations for the principal amount of direct loans not to exceed 
$5,000,000 for Individual Fishing Quota loans, and not to exceed 
$19,000,000 for Traditional loans. 
DEPARTMENTAL MANAGEMENT 
SALARIES AND EXPENSES 
For an additional amount for "Salaries and Expenses" for emer-
gency expenses resulting from new homeland security activities, 
$400,000: Provided, That the entire amount is designated by the 
Congress as an emergency requirement pursuant to section 
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended. 
THEJUDICL\RY 
SUPREME COURT OF THE UNITED STATES 
CARE OF THE BUILDING AND GROUNDS 
For an additional amount for "Care of the Building and 
Grounds" for emergency expenses for security upgrades and renova-
tions of the Supreme Court building, $10,000,000, to remain avail-
able until expended: Provided, That the entire amount is designated 
by the Congress as an emergency requirement pursuant to section 
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended. 
COURTS OF APPEALS, DISTRICT COURTS, AND OTHER JUDICIAL 
SERVICES 
SALARIES AND EXPENSES 
For an additional amount for "Salaries and Expenses" for emer-
gency expenses to enhance security and to provide for extraordinary 
costs related to terrorist trials, $7,115,000, to remain available 
until expended: Provided, That the entire amount is designated 
by the Congress as an emergency requirement pursuant to section 
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended: Provided further. That $3,972,000 shall 
be available only to the extent that an official budget request 
116 STAT. 830 
PUBLIC LAW 107-206—AUG. 2, 2002 
that includes designation of the $3,972,000 as an emergency require-
ment as defined in the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended, is transmitted by the President 
to the Congress. 
DEPARTMENT 
OF 
STATE 
AND 
RELATED 
AGENCY 
DEPARTMENT 
OF 
STATE 
ADMINISTRATION OF FOREIGN AFFAIRS 
DIPLOMATIC AND CONSULAR PROGRAMS 
For an additional amount for "Diplomatic and Consular Pro-
grams", for emergency expenses for activities related to combating 
international terrorism, $47,450,000, to remain available until Sep-
tember 30, 2003: Provided, That the entire amount is designated 
by the Congress as an emergency requirement pursuant to section 
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended. 
EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS 
For an additional amount for "Educational and Cultural 
Exchange Programs", for emergency expenses for activities related 
to combating international terrorism, $15,000,000, to remain avail-
able until expended: Provided, That the entire amount is designated 
by the Congress as an emergency requirement pursuant to section 
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended: Provided further. That $5,000,000 shall 
be available only to the extent an official budget request that 
includes designation of the $5,000,000 as an emergency requirement 
as defined in the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended, is transmitted by the President to the 
Congress. 
EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE 
For an additional amount for "Embassy Security, Construction, 
and Maintenance", for emergency expenses for activities related 
to combating international terrorism, $210,516,000, to remain avail-
able until expended: Provided, That the entire amount is designated 
by the Congress as an emergency requirement pursuant to section 
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended: Provided further, That $10,000,000 shall 
be available only to the extent an official budget request that 
includes designation of the $10,000,000 as an emergency require-
ment as defined in the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended, is transmitted by the President 
to the Congress. 
INTERNATIONAL ORGANIZATIONS AND CONFERENCES 
CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS 
For an additional amount for "Contributions to International 
Organizations", for emergency expenses for activities related to 
combating international terrorism, $7,000,000, to remain available 
until September 30, 2003: Provided, That the entire amount is 
PUBLIC LAW 107-206—AUG. 2, 2002 
116 STAT. 831 
designated by the Congress as an emergency requirement pursuant 
to section 251(b)(2)(A) of the Balanced Budget and Emergency Def-
icit Control Act of 1985, as amended. 
CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES 
For an additional amount for "Contributions for International 
Peacekeeping Activities" to make United States peacekeeping pay-
ments to the United Nations at a time of multilateral cooperation 
in the war on terrorism, $23,034,000: Provided, That the entire 
amount is designated by the Congress as an emergency requirement 
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985, as amended. 
RELATED AGENCY 
BROADCASTING BOARD OF GOVERNORS 
INTERNATIONAL BROADCASTING OPERATIONS 
For an additional amount for "International Broadcasting Oper-
ations", for emergency expenses for activities related to combating 
international terrorism, $7,400,000, to remain available until Sep-
tember 30, 2003: Provided, That funds appropriated by this para-
graph shall be available notwithstanding sections 308(c) and 313 
of the Foreign Relations Authorization Act, Fiscal Years 1994 and 
1995: Provided further, That the entire amount is designated by 
the Congress as an emergency requirement pursuant to section 
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended. 
BROADCASTING CAPITAL IMPROVEMENTS 
- • 
For an additional amount for "Broadcasting Capital Improve-
ments" for emergency expenses for activities related to combating 
international terrorism, $7,700,000, to remain available until 
expended: Provided, That funds appropriated by this paragraph 
shall be available notwithstanding section 313 of the Foreign Rela-
tions Authorization Act, Fiscal Years 1994 and 1995. 
RELATED 
AGENCIES 
DEPARTMENT 
OF 
TRANSPORTATION 
MARITIME ADMINISTRATION 
MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM ACCOUNT 
(RESCISSION) 
Of the unobligated balances available under this heading, 
$5,000,000 are rescinded. 
116 STAT. 832 
PUBLIC LAW 107-206—AUG. 2, 2002 
SECURITIES AND EXCHANGE COMMISSION 
SALARIES AND EXPENSES 
For an additional amount for "Salaries and Expenses" to 
respond to increased needs for enforcement and oversight of cor-
porate finance, $30,900,000 from fees collected in fiscal year 2002, 
to remain available until expended. 
In addition, for an additional amount for "Salaries and 
Expenses" for emergency expenses resulting from the September 
11, 2001, terrorist attacks, $9,300,000, to remain available until 
expended: Provided, That the entire amount is designated by the 
Congress as an emergency requirement pursuant to section 
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended: Provided further. That the entire amount 
shall be available only to the extent an official budget request 
that includes designation of the entire amount of the request as 
an emergency requirement as defined in the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended, is transmitted 
by the President to the Congress. 
GENERAL PROVISIONS—THIS CHAPTER 
SEC. 201. Funds appropriated by this Act for the Broadcasting 
Board of Governors and the Department of State may be obligated 
and expended notwithstanding section 15 of the State Department 
Basic Authorities Act of 1956, as amended. 
SEC. 202. Section 286(e)(3) of the Immigration and Nationality 
Act (8 U.S.C. 1356(e)(3)) is amended— 
(1) by striking "is authorized to" and inserting "shall"; 
and 
(2) by striking "authorization" and inserting "requirement". 
SEC. 203. (a)(1) During fiscal year 2002 and each succeeding 
fiscal year, notwithstanding any provision of the Federal Rules 
of Criminal Procedure to the contrary, in order to permit victims 
of crimes associated with the terrorist acts of September 11, 2001, 
to watch trial proceedings in the criminal case against Zacarias 
Moussaoui, the trial court in that case shall order, subject to para-
graph (3) and subsection (b), closed circuit televising of the trial 
proceedings to convenient locations the trial court determines are 
reasonably necessary, for viewing by those victims. 
(2)(A) As used in this section and subject to subparagraph 
(B), the term "victims of crimes associated with the terrorist acts 
of September 11, 2001" means individuals who— 
(i) suffered direct physical harm as a result of the terrorist 
acts that occurred in New York, Pennsylvania and Virginia 
on September 11, 2001 (hereafter in this section "terrorist 
acts") and were present at the scene of the terrorist acts when 
they occurred, or immediately thereafter; or 
(ii) are the spouse, legal guardian, parent, child, brother, 
or sister of, or who as determined by the court have a relation-
ship of similar significance to, an individual described in 
subparagraph (A)(i), if the latter individual is under 18 years 
of age, incompetent, incapacitated, has a serious injury, or 
disability that requires assistance of another person for 
mobility, or is deceased. 
PUBLIC LAW 107-206—AUG: 2, 2002 
116 STAT. 833 
(B) The term defined in paragraph (A) shall not apply to an 
individual who participated or conspired in one or more of the 
terrorist acts. 
(3) Nothing in this section shall be construed to eliminate 
or limit the district court's discretion to control the manner, cir-
cumstances, or availability of the broadcast where necessary to 
control the courtroom or protect the integrity of the trial proceecMngs 
or the safety of the trial participants. The district court's exercise 
of such discretion shall be entitled to substantial deference. 
(b) Except as provided in subsection (a), the terms and restric-
tions of section 235(b), (c), (d) and (e) of the Antiterrorism and 
Effective Death Penalty Act of 1996 (42 U.S.C. 10608(b), (c), (d), 
and (e)), shall apply to the televising of trial proceedings under 
this section. 
SEC. 204. Title II of Public Law 107-77 is amended in the 
115 Stat. 774. 
second undesignated paragraph under the heading "Department 
of Commerce, National Institute of Standards and Technology, 
Industrial 
Technology 
Services" by striking "not to 
exceed 
$60,700,000 shall be available for the award of new grants" and 
inserting "not less than $60,700,000 shall be used before October 
1, 2002 for the award of new grants". 
SEC. 205. None of the funds appropriated or otherwise made 
available by this Act or any other Act may be used to implement, 
enforce, or otherwise abide by the Memorandum of Agreement 
signed by the Federal Trade Commission and the Antitrust Division 
of the Department of Justice on March 5, 2002. 
SEC. 206. Public Law 106-256 is amended in section 3(f)(1) 33 USC 857-19 
by striking "within 18 months of the establishment of the Commis- Qote-
sion" and inserting "by June 20, 2003". 
SEC. 207. The American Section, International Joint Commis-
sion, United States and Canada, is authorized to receive funds 
from the United States Army Corps of Engineers for the purposes 
of conducting investigations, undertaking studies, and preparing 
reports in connection with a reference to the International Joint 
Commission on the Devils Lake project mentioned in Public Law 
106-377. 
SEC. 208. Section 282(a)(2)(D) of the Agricultural Marketing 
Act of 1946 is amended to read as follows: 
7 USC I638a. 
"(D) in the case of wild fish, is— 
"(i) harvested in the United States, a territory 
of the United States, or a State, or by a vessel that 
is documented under chapter 121 of title 46, United 
States Code, or registered in the United States; and 
"(ii) processed in the United States, a territory 
of the United States, or a State, including the waters 
thereof, or aboard a vessel that is documented under 
chapter 121 of title 46, United States Code, or reg-
istered in the United States; and". 
SEC. 209. Of the amounts appropriated in Public Law 107-
77, under the heading "Department of Commerce, National Oceanic 
and Atmospheric Administration, Operations, Research, and Facili-
ties", for coral reef programs, $2,500,000, for a cooperative agree-
ment with the National Defense Center of Excellence for Research 
in Ocean Sciences to conduct coral mapping in the waters of the 
Hawaiian Islands and the surrounding Exclusive Economic Zone 
in accordance with the mapping implementation strategy of the 
United States Coral Reef Task Force. 
116 STAT. 834 
PUBLIC LAW 107-206—AUG. 2, 2002 
SEC. 210. In addition to amounts appropriated or otherwise 
made available by this Act or any other Act, $11,000,000 is appro-
priated to enable the Secretary of Commerce to provide economic 
assistance to fishermen and fishing communities affected by Federal 
closures and fishing restrictions in the New England groundfish 
fishery, to remain available until September 30, 2003. 
SEC. 211. In addition to amounts appropriated or otherwise 
made available by this Act or any other Act, $5,000,000 shall 
be provided for a National Oceanic and Atmospheric Administration 
cooperative resesirch program in Massachusetts, New Hampshire, 
Maine and Rhode Island, to remain available until expended: Pro-
vided, That of this amount $500,000 shall be for the cost of a 
reduction loan as authorized under sections 1111 and 1112 of title 
XI of the Merchant Marine Act, 1936, (46 U.S.C. App. 1279g) 
to carry out a New England groundfish fishing capacity reduction 
program under section 312(b) of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1861a(b)) that shall— 
(1) permanently revoke all fishery licenses, fishery permits, 
area and species endorsements, and any other fishery privileges 
issued to a vessel or vessels (or to persons on the basis of 
their operation or ownership of that vessel or vessels) removed 
under the program; and 
(2) ensure that vessels removed under the program are 
made permanently ineligible to participate in any fishery world-
wide, and that the owners of such vessels will operate only 
under the United States flag or be scrapped as a reduction 
vessel pursuant to section 600.1011(c) of title 50, Code of Fed-
eral Regulations. 
SEC. 212. Of the amounts appropriated in Public Law 107-
77, under the heading "Department of Commerce, National Oceanic 
and Atmospheric Administration, Operations, Research, and Facili-
ties", for Oregon groundfish cooperative research, $500,000 shall 
be for the cost of a reduction loan as authorized under sections 
1111 and 1112 of title XI of the Merchant Marine Act, 1936 (46 
U.S.C. App. 1279f and 1279g) to carry out a West Coast groundfish 
fishing capacity reduction program under section 312(b) of the 
Magnuson-Stevens Fishery Conservation and Management Act (16 
U.S.C. 1861afl3)) that shall— 
(1) permanently revoke all fishery licenses, fishery permits, 
area and species endorsements, and any other fishery privileges 
issued to a vessel or vessels (or to persons on the basis of 
their operation or ownership of that vessel or vessels) removed 
under the program; and 
(2) ensure that vessels removed under the program are 
made permanently ineligible to participate in any fishery world-
wide, and that the owners of such vessels will operate only 
under the United States flag or be scrapped as a reduction 
vessel pursuant to section 600.1011(c) of title 50, Code of Fed-
eral Regulations. 
SEC. 213. Amounts appropriated by title V of Public Law 107-
77 under the heading "NATIONAL VETERANS BUSINESS DEVELOP-
MENT CORPORATION" (115 Stat. 795) shall remain available until 
expended. 
PUBLIC LAW 10,7-206—AUG, 2,.2fiOZ 
1X6 STAT- 835 
CHAPTERS 
" 
DEPARTMENT OF DEFENSE 
MILITARY PERSONNEL 
MILITARY PERSONNEL, AIR FORCE 
For an additional amount for "Military Personnel, Air Force", 
$206,000,000: Provided, That the entire amount is designated by 
the Congress as an emergency requirement pursuant to section 
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended. 
OPERATION AND MAINTENANCE 
OPERATION AND MAINTENANCE, ARMY 
For an additional amount for "Operation and Maintenance, 
Army", $209,000,000, to remain available for obligation until Sep-
tember 30, 2003: Provided, That the entire amount is designated 
by the Congress as an emergency requirement pursuant to section 
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended: Provided further, That $102,000,000 shall 
be available only to the extent that an official budget request, 
that includes designation of $102,000,000 as an emergency require-
ment as defined in the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended, is transmitted by the President 
to the Congress. 
OPERATION AND MAINTENANCE, NAVY 
For an additional amount for "Operation and Maintenance, 
Navy", $48,750,000, to remain available for obligation until Sep-
tember 30, 2003: Provided, That the entire amount is designated 
by the Congress as an emergency requirement pursuant to section 
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended: Provided further. That $12,250,000 shall 
be available only to the extent that an official budget request, 
that includes designation of $12,250,000 as an emergency require-
ment as defined in the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended, is transmitted by the President 
to the Congress. 
OPERATION AND MAINTENANCE, AIR FORCE 
For an additional amount for "Operation and Maintenance, 
Air Force", $65,510,000, to remain available for obligation until 
September 30, 2003: Provided, That the entire amount is designated 
by the Congress as an emergency requirement pursuant to section 
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended: Provided further, That $24,510,000 shall 
be available only to the extent that an official budget request, 
that includes designation of $24,510,000 as an emergency require-
ment as defined in the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended, is transmitted by the President 
to the Congress. 
116 STAT. 836 
PXJBLIC LAW 107-206—AUG. 2, 2!002 
OPERATION AND MAINTENANCE, DEFENSE-WIDE 
For an additional amount for "Operation and Maintenance, 
Defense-Wide", $721,975,000, to remain available for obligation 
until September 30, 2003, of which $390,000,000 may be used, 
notwithstanding any other provision of law, for pajonents to 
reimburse Pakistan, Jordan, and other key cooperating nations 
for logistical and military support provided to United States military 
operations in connection with the Global War on Terrorism: Pro-
vided, That such payments may be made in such amounts as 
the Secretary may determine in his discretion, based on documenta-
tion determined by the Secretary to adequately account for the 
support provided, in consultation with the Director of the Office 
of Management and Budget and 15 days following notification to 
the appropriate Congressional committees: Provided further, That 
such determination shall be final and conclusive upon the 
accounting officers of the United States: Provided further. 
That 
amounts for such payments shall be in addition to any other funds 
that may be available for such purpose: Provided further. That 
the entire amount is designated by the Congress as an emergency 
requirement pursuant to section 251(b)(2)(A) of the Balanced Budget 
and Emergency Deficit Control Act of 1985, as amended. 
DEFENSE EMERGENCY RESPONSE FUND 
(INCLUDING TRANSFER OF FUNDS) 
For an additional amount for the "Defense Emergency Response 
Fund", $11,901,900,000, to remain available for obligation until 
September 30, 2003, of which $77,900,000 shall be available for 
enhancements to North American Air Defense Command capabili-
ties: Provided, That the Secretary of Defense may transfer the 
funds provided herein only to appropriations for military personnel; 
operation and maintenance; procurement; research, development, 
test and evaluation; the Defense Health Program; Overseas 
Humanitarian, Disaster, and Civic Aid; and working capital funds: 
Provided further. 
That notwithstanding the preceding proviso, 
$120,000,000 of the funds provided in this paragraph are available 
for transfer to any other appropriations accounts of the Department 
of Defense, for certain classified activities, and notwithstanding 
any other provision of law and of this Act, such funds may be 
obligated to carry out projects not otherwise authorized by law: 
Provided further, That any funds transferred shall be merged with 
and shall be available for the same purposes and for the same 
time period as the appropriation to which transferred: Provided 
further, 
That the transfer authority provided in this paragraph 
is in addition to any other transfer authority available to the 
Department of Defense: Provided further. That upon a determina-
tion that all or part of the funds transferred from this appropriation 
are not necessary for the purposes provided herein, such amounts 
may be transferred back to this appropriation: Provided 
further, 
That during the current fiscal year, upon a determination by the 
Secretary of Defense that fimds previously made available to the 
"Defense Emergency Response Fund" are required to meet other 
essential operational or readiness requirements of the military serv-
ices, the Secretary may transfer up to $275,000,000 of funds so 
required to the appropriate funds or appropriations of the Depart-
ment of Defense, 15 days after notification to the congressional 
PUBLIC LAW 107-206—AUG. 2, 2002 
116 STAT. 837 
defense committees: Provided further, That the entire amount is 
designated by the Congress as an emergency requirement pursuant 
to section 251(b)(2)(A) of the Balanced Budget and Emergency Def-
icit Control Act of 1985, as amended: Provided further. 
That 
$601,900,000 shall be available only to the extent that an official 
budget request that includes designation of $601,900,000 as an 
emergency requirement as defined in the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended, is transmitted 
by the President to the Congress. 
PROCUREMENT 
OTHER PROCUREMENT, ARMY 
For an additional amount for "Other Procurement, Army", 
$79,200,000, to remain available for obligation until September 
30, 2004: Provided, That the entire amount is designated by the 
Congress as an emergency requirement pursuant to section 
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended. 
AIRCRAFT PROCUREMENT, NAVY 
For an additional amount for "Aircraft Procurement, Navy", 
$22,800,000, to remain available for obligation until September 
30, 2004: Provided, That the entire amount is designated by the 
Congress as an emergency requirement pursuant to section 
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended. 
PROCUREMENT OF AMMUNITION, NAVY AND MARINE CORPS 
For an additional amount for "Procurement of Ammunition, 
Navy and Marine Corps", $262,000,000, to remain available for 
obligation until September 30, 2004: Provided, That the entire 
amount is designated by the Congress as £in emergency requirement 
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985, as amended. 
OTHER PROCUREMENT, NAVY 
For an additional amount for "Other Procurement, Navy", 
$2,500,000, to remain available for obligation until September 30, 
2004: Provided, That the entire amount is designated by the Con-
gress as an emergency requirement pursuant to section 251(b)(2)(A) 
of the Balanced Budget and Emergency Deficit Control Act of 1985, 
as amended. 
PROCUREMENT, MARINE CORPS 
For an additional amount for "Procurement, Marine Corps", 
$3,500,000, to remain available for obligation until September 30, 
2004: Provided, That the entire amount is designated by the Con-
gress as an emergency requirement pursuant to section 251(bX2)(A) 
of the Balanced Budget and Emergency Deficit Control Act of 1985, 
as amended. 
116 STAT. 838 
PUBLIC LAW 107-206—AUG. 2, 2002 
AIRCRAFT PROCUREMENT, AIR FORCE 
For an additional amount for "Aircraft Procurement, Air Force", 
$118,000,000, to remain available for obligation until September 
30, 2004: Provided, That the entire amount is designated by the 
Congress as an emergency requirement pursuant to section 
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended: Provided further. That $25,000,000 shall 
be available only to the extent that an official budget request, 
that includes designation of $25,000,000 as an emergency require-
ment as defined in the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended, is transmitted by the President 
to the Congress. 
PROCUREMENT OF AMMUNITION, AIR FORCE 
For an additional amount for "Procurement of Ammunition, 
Air Force", $115,000,000, to remain available for obligation until 
September 30, 2004: Provided, That the entire amount is designated 
by the Congress as an emergency requirement pursuant to section 
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended. 
OTHER PROCUREMENT, AIR FORCE 
For an additional amount for "Other Procurement, Air Force", 
$747,840,000, to remain available for obligation until September 
30, 2004: Provided, That the entire amount is designated by the 
Congress as an emergency requirement pursuant to section 
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended. 
PROCUREMENT, DEFENSE-WIDE 
For an additional amount for "Procurement, Defense-Wide", 
$104,425,000, to remain available for obligation until September 
30, 2004: Provided, That funds may be used to purchase two vehicles 
required for physical security of personnel, notwithstanding price 
limitations applicable to passenger vehicles, but not to exceed 
$175,000 per vehicle: Provided further. That the entire amount 
is designated by the Congress as an emergency requirement pursu-
ant to section 251(b)(2)(A) of the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended: Provided further. That 
$4,925,000 shall be available only to the extent an ofiicial budget 
request, that includes designation of $4,925,000 as an emergency 
requirement as defined in the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended, is transmitted by the 
President to the Congress. 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY 
For an additional amount for "Research, Development, Test 
and Evaluation, Army", $8,200,000, to remain available for obliga-
tion until September 30, 2003: Provided, That the entire amount 
PUBLIC LAW 107-206—AUG. 2, 2002 
116 STAT. 839 
is designated by the Congress as an emergency requirement pursu-
ant to section 251(b)(2)(A) of the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended. 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY 
For an additional amount for "Research, Development, Test 
and Evaluation, Navy", $9,000,000, to remain available for obliga-
tion until September 30, 2003: Provided, That the entire amount 
is designated by the Congress as an emergency requirement pursu-
ant to section 251(b)(2)(A) of the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended. 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR FORCE 
For an additional amount for "Research, Development, Test 
and Evaluation, Air Force", $198,400,000, to remain available for 
obligation until September 30, 2003: Provided, That the entire 
amount is designated by the Congress as an emergency requirement 
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985, as amended: Provided 
further. 
That $137,600,000 shall be available only to the extent that an 
official budget request, that includes designation of $137,600,000 
as an emergency requirement as defined in the Balanced Budget 
and Emergency Deficit Control Act of 1985, as amended, is trans-
mitted by the President to the Congress. 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, DEFENSE-WIDE 
For an additional amount for "Research, Development, Test 
and Evaluation, Defense-Wide", $67,000,000, to remain available 
for obligation until September 30, 2003: Provided, That the entire 
amount is designated by the Congress as an emergency requirement 
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985, as amended. 
GENERAL PROVISIONS—THIS CHAPTER 
SEC. 301. (a) The appropriation under the heading "Research, 
Development, Test and Evaluation, Nav}^' in the Department of 
Defense Appropriations Act, 2002 (Public Law 107-117) is amended 
115 Stat. 2243. 
by adding the following proviso immediately after "September 30, 
2003": ": Provided, That funds appropriated in this paragraph which 
are available for the V-22 may be used to meet unique requirements 
of the Special Operations Forces". 
(b) The amendment made by subsection (a) shall be effective 
Effective date, 
as if enacted as part of the Department of Defense Appropriations 
Act, 2002. 
SEC. 302. During the current fiscal year, the restrictions con-
tained in subsection (d) of 22 U.S.C. 5952 and section 502 of 
the Freedom Support Act (Public Law 102-511) shall not apply 
if the President certifies in writing to the Speaker of the House 
of Representatives and the President pro tempore of the Senate 
that waiving such restrictions is important to the national security 
interests of the United States. 
SEC. 303. Funds appropriated by this Act, or made available 
by the transfer of funds in this Act, for intelligence activities are 
deemed to be specifically authorized by the Congress for purposes 
116 STAT. 840 
PUBLIC LAW 107-206—AUG. 2, 2002 
of section 504 of the National Security Act of 1947 (50 U.S.C. 
414): Provided, That any funds appropriated or transferred to the 
Central Intelligence Agency for agent operations or covert action 
programs authorized by the President under section 503 of the 
National Security Act of 1947, as amended, shall remain available 
until September 30, 2003. 
SEC. 304. (a) Funds appropriated to the Department of Defense 
for fiscal year 2002 for operation and maintenance under the 
heading "Chemical Agents and Munitions Destruction, Army", may 
be used to pay for additional costs of international inspectors from 
the Technical Secretariat of the Organization for the Prohibition 
of Chemical Weapons, pursuant to Articles IV and V of the Chemical 
Weapons Convention, for inspections and monitoring of Department 
of Defense sites and commercial sites that perform services under 
contract to the Department of Defense, resulting from the Depart-
ment of Defense's program to accelerate its chemical demilitariza-
tion schedule. 
(b) Expenses which may be paid under subsection (a) include— 
(1) salary costs for performance of inspection and moni-
toring duties; 
(2) travel, including travel to and from the point of entry 
into the United States and internal United States travel; 
(3) per diem, not to exceed United Nations rates and in 
compliance with United Nations conditions for per diem for 
that organization; and 
(4) expenses for operation and maintenance of inspection 
and monitoring equipment. 
SEC. 305. (a)(1) In fiscal year 2002, funds available to the 
Department of Defense for assistance to the Gk)vernment of 
Colombia shall be available to support a unified campaign against 
narcotics trafficking, against activities by organizations designated 
as terrorist organizations such as the Revolutionary Armed Forces 
of Colombia (FARC), the National Liberation Army (ELN), and 
the United Self-Defense Forces of Colombia (AUC), and to take 
actions to protect human health and welfare in emergency cir-
cumstances, including undertaking rescue operations. 
(2) The provision shall also apply to unexpired balances and 
assistance previously provided from prior years' Acts available for 
purposes identified in subsection (a)(1). 
(3) The authority in this section is in addition to authorities 
currently available to provide assistance to Colombia. 
(b) The authorities provided in subsection (a) shall not be 
exercised until the Secretary of Defense certifies to the Congress 
that the provisions of section 601(b) of this Act have been complied 
with. 
(c) Sections 556, 567, and 568 of Public Law 107-115, section 
8093 of the Department of Defense Appropriations Act, 2002, and 
the numerical limitations on the number of United States military 
personnel and United States individual civilian contractors in sec-
tion 3204(b)(1) of Public Law 106-246, as amended, shall be 
applicable to funds made available pursuant to the authority con-
tained in subsection (a). 
(d) No United States Armed Forces personnel or United States 
civilian contractor employed by the United States will participate 
in any combat operation in connection with assistance made avail-
able under this chapter, except for the purpose of acting in self 
defense or rescuing any United States citizen to include United 
PUBLIC LAW 107-206—AUG. 2, 2002 
116 STAT. 841 
States Armed Forces personnel, United States civilian employees, 
and civilian contractors employed by the United States. 
SEC. 306. In addition to amounts appropriated or otherwise 
made available elsewhere in this Act for the Department of Defense 
or in the Department of Defense and Emergency Supplemental 
Appropriations for Recovery from and Response to Terrorist Attacks 
on the United States Act, 2002 (Pubhc Law 107-117), $75,000,000, 
to remain available until September 30, 2003, is hereby appro-
priated to the Department of Defense under the heading "Chemical 
Agents and Munitions Destruction, Army" for Research, develop-
ment, test and evaluation, for the purpose of accelerating chemical 
agent destruction at Department of Defense facilities: Provided, 
That the entire amount made available in this section is designated 
by the Congress as an emergency requirement pursuant to section 
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended: Provided further. That the entire amount 
shall be available only to the extent that an official budget request, 
that includes designation of the entire amount as an emergency 
requirement as defined in the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended, is transmitted by the 
President to the Congress. 
(RESCISSIONS) 
SEC. 307. Of the funds available in Department of Defense 
Appropriations Acts or otherwise available to the Department of 
Defense, the following funds are hereby rescinded, from the fol-
lowing accounts in the specified amounts: 
"Other Procurement, Air Force", 2001/2003, $12,500,000; 
"Missile Procurement, Air Force", 2002/2004, $11,600,000; 
"Other Procurement, Air Force", 2002/2004, $52,500,000; 
"Procurement, Defense-Wide", 2002/2004, $30,000,000; and 
"Research, Development, Test and Evaluation, Air Force", 
2002/2003, $56,500,000. 
SEC. 308. During the current fiscal year and hereafter, section 
2533a of title 10, United States Code, shall not apply to any trans-
action entered into to acquire or sustain aircraft under the authority 
of section 8159 of the Department of Defense Appropriations Act, 
2002 (division A of Public Law 107-117; 115 Stat. 2284). 
SEC. 309. The Secretary of the Army shall obligate and expend 
the $2,000,000 appropriated for the Army by Public Law 107-
117 for procurement of smokeless nitrocellulose under Activity 1, 
instead of under Activity 2, Production Base Support Industrial 
Facilities, for the purpose of preserving a commercially owned and 
operated capability of producing defense grade nitrocellulose at 
the rate of at least 10,000,000 pounds per year in order to preserve 
a commercial manufacturing capability for munitions precursor sup-
plies for the High Zone Modular Artillery Charge System and 
to preserve competition in that manufacturing capability. 
SEC. 310. Not later than 15 days after the date of the enactment 
of this Act, the Secretary of Defense shall obligate, from funds 
made available in title II of division A of Public Law 107-117 
under the heading "Operation and Maintenance, Defense-Wide" 
(115 Stat. 2233), $4,000,000 for a grant to support the conversion 
of the Naval Security Group, Winter Harbor (the naval base on 
Schoodic Peninsula), Maine, to utilization as a research and edu-
cation center for Acadia National Park, Maine, including the 
preparation of a plan for the reutilization of the naval base for 
10 u s e 2401a 
note. 
Deadline. 
116 STAT. 842 
PUBLIC LAW 107-206~AUG. 2, 2002 ^ 
such purpose that will benefit communities in the vicinity of the 
naval base and visitors to Acadia National Park and will stimulate 
important research and educational activities. 
SEC. 311. Of the amount available for fiscal year 2002 for 
the Army National 
Guard for 
operation 
and 
maintenance, 
$2,200,000 shall be made available for the Army National Guard 
for information operations, information assurance operations, and 
training for such operations. 
(RESCISSION) 
SEC. 312. Of the funds provided under the heading, "Emergency 
Response Fund", in Public Law 107-38 that were not subject to 
subsequent enactment and not subject to the restrictions of the 
fifth proviso of that Act, and subsequently transferred to "Defense 
Emergency Response Fund", $224,000,000 of unobligated amounts 
are hereby rescinded. 
(RESCISSION) 
SEC. 313. Of the unobligated funds available in titles III and 
IV of the Department of Defense Appropriations Act, 2002, 
$226,000,000, reflecting savings from revised economic assumptions, 
shall be rescinded within 15 days of enactment of this Act: Provided, 
That this reduction shall be applied on a pro-rata basis to each 
appropriations account in said titles, and to each line item, program 
element, project, subproject, and activity within each such account. 
CHAPTER4 
DISTRICT OF COLUMBM 
FEDERAL FUNDS 
FEDERAL PAYMENT TO THE CHILDREN'S NATIONAL MEDICAL CENTER 
For a Federal payment to the Children's National Medical 
Center in the District of Columbia for implementing the District 
Emergency Operations Plan, $10,000,000, to remain available until 
September 30, 2003, of which $8,000,000 shall be for the expansion 
of quarantine facilities, and $2,000,000 shall be for the establish-
ment of a decontamination facility for children and families: 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 6f the request as an emergency 
requirement as defined in the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended, is transmitted by the 
President to the Congress. 
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA 
For a Federal payment to the District of Columbia to implement 
the District Emergency Operations Plan, $23,000,000, to remain 
available until December 1, 2003, of which $12,000,000 is for public 
safety expenses related to security events in the District of 
Columbia: Provided^ That the Chief Financial Officer of the District 
PUBLIC LAW 107>206^-AUG. 2, 2002 ? 
116 STAT. 843 
of Columbia shall provide a report, within 15 days of an expenditure, 
to the Committees on Appropriations of the House of Representa-
tives and Senate, detailing any expenditure of these funds: Provided 
further, That $5,000,000 is for the Unified Communications Center: 
Provided further, That $6,000,000 is for the construction of contain-
ment facilities and other activities to support the regional Bioter-
rorism Hospital Preparedness Program at the Washington Hospital 
Center: Provided further. That beginning October 1, 2002, the Chief 
Financial Officer of the Washington Hospital Center shall provide 
quarterly reports to the Committees on Appropriations of the House 
of Representatives and Senate, detailing the expenditure of these 
funds: Provided further. That the entire amount is designated by 
the Congress as an emergency requirement pursuant to section 
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended: Provided further. That the entire amount 
shall be available only to the extent an official budget request 
that includes desigriation of the entire amount of the request as 
an emergency requirement as defined in the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended, is transmitted 
by the President to the Congress. 
FEDERAL PAYMENT TO THE WASHINGTON METROPOLITAN AREA 
TRANSIT AUTHORITY 
For a Federal pajmnent to the Washington Metropolitan Area 
Transit Authority, $8,000,000, to remain available until September 
30, 2003, to contribute to the creation of a regional transportation 
back-up operations control center: Provided, That the General Man-
ager of the Washington Metropolitan Area Transit Authority shall 
submit a plan for the future financing of a regional transportation 
back-up operations control center no later than February 5, 2003 
to the Committees on Appropriations of the House of Representa-
tives and Senate: Provided further. That the entire amount is 
designated by the Congress as an emergency requirement pursuant 
to section 251(b)(2)(A) of the Balanced Budget and Emergency Def-
icit Control Act of 1985, as amended: Provided further. That the 
entire amount shall be available only to the extent an official 
budget request that includes designation of the entire amount of 
the request as an emergency requirement as defined in the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended, 
is transmitted by the President to the Congress. 
FEDERAL PAYMENT TO THE METROPOLITAN WASHINGTON COUNCIL 
OF GOVERNMENTS 
For a Federal payment to the Metropolitan Washington Council 
of Governments, $1,750,000, to remain available until September 
30, 2003, for support of the Regional Incident Communication and 
Coordination System, as approved by the Council: Provided, That 
the entire amount is designated by the Congress as an emergency 
requirement pursuant to section 251(b)(2)(A) of the Balanced Budget 
and Emergency Deficit Control Act of 1985, as amended: Provided 
further. That the entire amount shall be available only to the 
extent an official budget request that includes designation of the 
entire amount of the request as an emergency requirement as 
defined in the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended, is transmitted by the President to the 
Congress. 
116 STAT. 844 
PUBLIC LAW 107-206—AUG. 2, 2002 
FEDERAL PAYMENT TO THE WATER AND SEWER AUTHORITY OF THE 
DISTRICT OF COLUMBIA 
For a Federal payment to the Water and Sewer Authority 
of the District of Columbia for emergency preparedness, $1,250,000, 
to remain available until September 30, 2003, for remote monitoring 
of water quality: Provided, That the entire amount is designated 
by the Congress as an emergency requirement pursuant to section 
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended: Provided further, That the entire amount 
shall be available only to the extent an official budget request 
that includes designation of the entire amount of the request as 
an emergency requirement as defined in the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended, is transmitted 
by the President to the Congress. 
. FEDERAL PAYMENT FOR FAMILY COURT ACT 
(INCLUDING RESCISSION) 
Of the funds appropriated under this heading in the District 
of Columbia Appropriations Act, 2002 (Public Law 107-96; 115 
Stat. 929), $700,000 made available for the Mayor of the District 
of Columbia are rescinded. 
For a Federal payment to the Mayor of the District of Columbia 
for carrying out the District of Columbia Family Court Act of 
2001, $700,000, to remain available until September 30, 2003, of 
which $200,000 shall be for completion of a plan by the Mayor 
on integrating the computer systems of the District of Columbia 
government with the Family Court of the Superior Court of the 
District of Columbia: Provided, That $500,000 of such amount pro-
vided to the Mayor shall be for the Child and Family Services 
Agency to be used for social workers to implement Family Court 
reform: Provided further. That the availability of these funds shall 
be subject to the reporting and availability requirements under 
this heading in the District of Columbia Appropriations Act, 2002 
(Public Law 107-96; 115 Stat. 929). 
DISTRICT OF COLUMBIA FUNDS 
OPERATING EXPENSES 
DIVISION OF EXPENSES 
The following amounts are appropriated for the District of 
Columbia for the current fiscal year out of the general fund of 
the District of Columbia. 
For public safety expenses related to security events in the 
District of Columbia, $12,000,000, to remain available until 
December 1, 2003. 
For construction of containment facilities and other activities 
to support the regional Bioterrorism Hospital Preparedness Pro-
gram at the Washington Hospital Center, $6,000,000, to remain 
available until December 1, 2003. 
For the Unified Communications Center, $5,000,000, to remain 
available until December 1, 2003. 
For carrying out the District of Columbia Family Court Act 
of 2001, $700,000, to remain available until September 30, 2003. 
PUBLIC LAW 107-206—AUG. 2, 2002 
116 STAT. 845 
\. 
GOVERNMENTAL DIRECTION AND SUPPORT 
The paragraph under this heading in the District of Columbia 
Appropriations Act, 2002 (PubUc Law 107-96; 115 Stat. 933) is 
amended by striking: "Provided further. That not less than $353,000 
shall be available to the Office of the Corporation Counsel to support 
increases in the Attorney Retention Allowance:" and inserting: "Pro-
vided further. That not less than $353,000 shall be available to 
the Office of the Corporation Counsel to support attorney compensa-
tion consistent with performance measures contained in a nego-
tiated collective bargaining agreement:". 
PUBLIC SAFETY AND JUSTICE 
(RESCISSION) 
Notwithstanding any other provision of law, of the local fiinds 
appropriated under this heading to the Department of Corrections 
for support of the Corrections Information Council in the District 
of Columbia Appropriations Act, 2002 (Public Law 107-96; 115 
Stat. 935), $100,000 are rescinded. 
CORRECTIONS INFORMATION COUNCIL 
For operations of the Corrections Information Council, $100,000 
from local funds. 
PUBLIC EDUCATION SYSTEM 
(RESCISSION) 
Notwithstanding any other provision of law, of the local funds 
appropriated under this heading for public charter schools for the 
fiscal year ending September 30, 2002, in the District of Columbia 
Appropriations Act, 2002 (Public Law 107-96; 115 Stat. 935), 
$37,000,000 are rescinded. 
HUMAN SUPPORT SERVICES 
For an additional amount for "Human Support Services", 
$37,000,000 from local funds: Provided, That $11,000,000 shall be 
for the Child and Family Services Agency to address increased 
adoption case rates, higher case loads for adoption and emergency 
group home utilization: Provided further, That $26,000,000 shall 
be for the Department of Mental Health to address a Medicaid 
revenue shortfall. 
REPAYMENT OF LOANS AND INTEREST 
(RESCISSION) 
Of the funds appropriated under this heading in the District 
of Columbia Appropriations Act, 2002 (Public Law 107-96; 115 
Stat. 940), $7,950,000 are rescinded. 
CERTIFICATES OF PARTICIPATION 
For principal and interest payments on the District's Certifi-
cates of Participation, issued to finance the One Judiciary Square 
116 STAT. 846 
PUBLIC LAW 107-206—AUG. 2, 2002 
ground lease underlying the building located at One Judiciary 
Square, $7,950,000 from local funds. 
ENTERPRISE AND OTHER FUNDS 
WATER AND SEWER AUTHORITY 
The following amounts are appropriated for the District of 
Columbia for the current fiscal year out of the general fund of 
the District of Columbia. 
For remote monitoring of water quality, $1,250,000, to remain 
available until September 30, 2003. 
GENERAL PROVISIONS—THIS CHAPTER 
SEC. 401. The District of Columbia may use up to 1 percent 
of the funds appropriated to the District of Columbia under the 
Emergency Supplemental Act, 2002 (Pubhc Law 107-117; 115 Stat. 
2230), to fund the administrative costs that are needed to fulfill 
the purposes of that Act. The District may use these funds for 
this purpose as of January 10, 2002. 
SEC. 402. Section 16(d)(2) of the Victims of Violent Crime 
Compensation Act of 1996 (sec. 4-515(d)(2), D.C. Official Code), 
as amended by the District of Columbia Appropriations Act, 2002 
(PubHc Law 107-96; 115 Stat. 928) is amended to read as follows: 
"(2) 50 percent of such balance shall be transferred from the Fund 
to the Mayor and shaU be used without fiscal year limitation 
for outreach activities designed to increase the number of crime 
victims who apply for such direct compensation payments.". 
SEC. 403. (a) Notwithstanding any other provision of law, the 
positive fund balance of the general fund of the District government 
which remained at the end of fiscal year 2000 (as reflected in 
the complete financial statement and report on the activities of 
the District government for such fiscal year under section 448(a)(4) 
of the District of Columbia Home Rule Act) shall be used during 
fiscal year 2002 to provide the minimum balances required for 
fiscal year 2002 for the emergency reserve fund under section 
450A of the District of Columbia Home Rule Act and the contingency 
reserve fund under section 450B of such Act. 
(b) To the extent that the amount of the positive fund balance 
described in subsection (a) exceeds the amount required to provide 
the minimum balances in the reserve funds described in such sub-
section, the District government shall use the excess amount— 
(1) to address potential deficits in the budget of the District 
government for fiscal year 2002, subject to the same conditions 
applicable under section 202(j)(3) of the District of Columbia 
Financial Responsibility and Management Assistance Act of 
1995 to the obligation and expenditure of the budget reserve 
and cumulative cash reserve under such section; or 
(2) if the Chief Financial Officer of the District of Columbia 
certifies that the excess amount is available and is not required 
to address potential deficits in the budget of the District govern-
ment for fiscal year 2002, for Pay-As-You-Go Capital Funds. 
(c) To the extent that the excess amount described in subsection 
(b) is used to address potential deficits in the budget of the District 
government for fiscal year 2002, such amount shall remain available 
until expended. 
PUBLIC LAW 107-206—AUG. 2, 2002 
116 STAT. 847 
(d)(1) The item relating to "District of Columbia Funds—Oper-
ating Expenses—Repa3mient of Loans and Interest" in the District 
of Columbia Appropriations Act, 2002 (Public Law 107-96; 115 
Stat. 940) is amended by striking 'That any funds set aside" and 
all that follows through "That for equipment leases," and inserting 
"That for equipment leases,". 
(2) Section 159(c) of the District of Columbia Appropriations 
Act, 2001 (Public Law 106-522; 114 Stat. 2482), as amended by 
section 133(c) of the District of Columbia Appropriations Act, 2002 
(Public Law 107-96; 115 Stat, 956) is amended by striking para-
graph (3). 
SEC. 404. The Chief Financial Officer of the Washington Metro-
politan Area Transit Authority may use up to $2,400,000 from 
funds appropriated under Public Law 107-117 under the account, 
"Federal Payment to the Washington Metropolitan Area Transit 
Authority", that contains funds for protective clothing and breathing 
apparatus activities, for employee and facility security and comple-
tion of the fiber optic network project. 
SEC. 405. The District of Columbia Courts may expend up 
to $3,000,000 to carry out the District of Columbia Family Court 
Act of 2001 from the "Federal Payment to the District of Columbia 
Courts" account: Provided, That such funds may be transferred 
to the "Federal Pa3anent to the District of Columbia Courts" account 
from the "Federal Payment for Family Court Act" account in 
reimbursement for such obligations and expenditures as are nec-
essary to implement the District of Columbia Family Court Act 
of 2001 for the period from October 1, 2001 to September 30, 
2002, once funds in the "Federal Payment for Family Court Act" 
account become available. 
SEC. 406. Section ll-908A(b)(4) of the District of Columbia 
Code (as added by Public Law 107-114) is amended by striking 
lis Stat. 2101. 
"section ll-1501(b)" and inserting "section 433 of the District of 
Columbia Home Rule Act". 
SEC. 407. (a) Under the heading, "Federal Payment to the 
Thurgood Marshall Academy Charter School" provided under Public 
Law 107-96, strike "Anacostia" and insert "Southeast, Washington, 
115 Stat. 932. 
D.C.". 
(b) Under the heading, "Federal Payment to Southeastern 
University" provided under Public Law 107-96, strike everything 
115 Stat. 925. 
after "a public/private partnership" and insert in lieu thereof, "to 
plan a two year associate degree program.". 
SEC. 408. Section 119 of the District of Columbia Appropriations 
Act, 2002 (Pubhc Law 107-96; 115 Stat. 950) is amended as follows: 
(1) In the heading, by inserting "AND OTHER FUNDS" after 
"GRANTS". 
(2) In subsection (a), by inserting "and other funds" after 
"other grants". 
(3) By amending subsection (b) to read as follows: 
"(b) REQUIREMENTS,— 
"(1) 
CHIEF 
FINANCIAL 
OFFICER 
REPORT 
AND 
COUNCIL 
APPROVAL FOR GRANTS,— 
"(A) No such Federal, private, or other grant may 
be accepted, obligated, or expended pursuant to subsection 
(a) until— 
"(i) the Chief Financial Officer of the District of 
Columlaia submits to the Council a report setting forth 
- 
detailed information regarding such grant; and 
99-194 O -03 -3 : QL3 Part2 
116 STAT. 848 
PUBLIC LAW 107-206—AUG. 2, 2002 
"(ii) the Council has reviewed and approved the 
acceptance, obligation, and expenditure of such grant. 
"(B) For purposes of subparagraph (A)(ii), the Council 
shall be deemed to have reviewed and approved the accept-
ance, obligation, and expenditure of a grant if— 
"(i) no written notice of disapproval is filed with 
the Secretary of the Council within 14 calendar days 
of the receipt of the report from the Chief Financial 
Officer under subparagraph (A)(i); or 
"(ii) if such a notice of disapproval is filed within 
such deadline, the Council does not by resolution dis-
approve the acceptance, obligation, or expenditure of 
the grant within 30 calendar days of the initial receipt 
of the report from the Chief Financial Officer under 
subparagraph (A)(i). 
"(2) 
CERTIFICATION 
OF CHIEF FINANCIAL 
OFFICER 
AND 
NOTIFICATION OF COMMITTEES FOR OTHER FUNDS.—'No funds 
which are not grants may be accepted, obligated, or expended 
pursuant to subsection (a)— 
"(A) unless the Chief Financial Officer of the District 
of Columbia certifies that the funds are available and are 
not required to address potential deficits; and 
"(B) until the expiration of the 14-day period which 
begins on the date the Mayor notifies the Committees 
on Appropriations of the House of Representatives and 
Senate of the acceptance, obligation, and expenditure of 
such funds.". 
(4) In subsection (c)— 
(A) by striking "under subsection (b)(2) of this section" 
and inserting "or other funds under this section"; 
(B) by inserting "or other funds" after "or other grant"; 
and 
(C) by striking "such paragraph" and inserting "this 
section". 
(5) In subsection (d), by inserting "and other funds" after 
"and other grants". 
Effective date. 
SEC. 409. Effective June 30, 2002, the authority which the 
Chief Financial Officer of the District of Columbia exercised with 
respect to personnel, procurement, and the preparation of fiscal 
impact statements during a control period (as defined in Public 
Law 104-8) shall remain in effect through July 1, 2003 or until 
such time as the District of Columbia Fiscal Integrity Act becomes 
effective, whichever occurs sooner. 
CHAPTER 5 
DEPARTMENT OF DEFENSE—CIVIL 
DEPARTMENT OF THE ARMY 
CORPS OF ENGINEERS—CIVIL 
OPERATION AND MAINTENANCE, GENERAL 
For an additional amount for "Operation and Maintenance, 
General" for emergency expenses, $108,200,000, to remain available 
until September 30, 2003: Provided, That the entire amount shall 
be available only to the extent an official budget request that 
PUBLIC LAW 107-206-AUG. 2, 2002 
116 STAT. 849 
includes designation of the entire amount of the request as an 
emergency requirement as defined in the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended, is transmitted 
by the President to the Congress: Provided further, That the entire 
amount is designated by the Congress as an emergency requirement 
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985, as amended: Provided 
further, 
That funds made available under this heading in this Act and 
in Public Law 107-117 may be used to fund measures and activities 
undertaken by the Secretary of the Army, acting through the Chief 
of Engineers, to protect and secure any infrastructure owned or 
operated by, or on behalf of, the U.S. Army Corps of Engineers, 
including administrative buildings and facilities; and, in addition, 
$32,000,000, to remain available until expended: Provided, That 
using the funds appropriated herein, the Secretary of the Army, 
acting through the Chief of Engineers, is directed to repair, restore, 
and clean-up Corps' projects and facilities and dredge navigation 
channels, restore and clean out area streams, provide emergency 
streambank protection, restore other crucial public infrastructure 
(including sewer and water facilities), document flood impacts and 
undertake other flood recovery efforts deemed necessary and advis-
able by the Chief of Engineers: Provided further, That $10,000,000 
of the funds provided shall be for Southern West Virginia, Eastern 
Kentucky, and Southwestern Virginia: Provided further. That the 
remaining $22,000,000 shall be available for Western Illinois, 
Southern Indiana, Eastern Missouri, and the Upper Peninsula of 
Michigan. 
DEPARTMENT OF THE INTERIOR 
BUREAU OF RECLAMATION 
WATER AND RELATED RESOURCES 
For an additional amount for "Water and Related Resources", 
$7,000,000, to remain available until expended: Provided, 
That 
$3,000,000 is for the drilling of emergency wells in Santa Fe, 
New Mexico: Provided further. That $4,000,000 is to be used for 
the lease of up to 38,000 acre-feet of emergency water for the 
Rio Grande in New Mexico, in compliance with the existing 
biological opinion. 
DEPARTMENT OF ENERGY 
ENERGY PROGRAMS 
SCIENCE 
For an additional amount for "Science" for emergency expenses 
necessary to support safeguards and security activities, $24,000,000: 
Provided, That the entire amount shall be available only to the 
extent an official budget request that includes designation of the 
entire amount of the request as an emergency requirement as 
defined in the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended, is transmitted by the President to the 
Congress: Provided further. That the entire amount is designated 
by the Congress as an emergency requirement pursuant to section 
116 STAT. 850 
PUBLIC LAW 107-206—AUG. 2, 2002 
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended. 
ATOMIC ENERGY DEFENSE ACTIVITIES 
NATIONAL NUCLEAR SECURITY ADMINISTRATION 
WEAPONS ACTIVITIES 
(INCLUDING RESCISSION) 
For an additional amount for "Weapons Activities" for emer-
gency expenses, $158,050,000: Provided, That $138,650,000 shall 
be available only to the extent that an official budget request 
for $138,650,000 that includes designation of the entire amount 
of the request as an emergency requirement as defined in the 
Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended, is transmitted by the President to the Congress: Provided 
further. That the entire amount is designated by the Congress 
as an emergency requirement pursuant to section 251(b)(2)(A) of 
the Balanced Budget and Emergency Deficit Control Act of 1985, 
as amended. 
Of the funds appropriated under this heading in Public Law 
107-66 and prior Energy and Water Development Appropriations 
Acts, $14,460,000 of unexpended balances are rescinded. 
DEFENSE NUCLEAR NONPROLIFERATION 
For an additional amount for "Defense Nuclear Nonprolifera-
tion" for emergency activities necessary to support the safeguarding 
of nuclear material, $100,000,000, to remain available until 
December 31, 2002. 
OFFICE OF THE ADMINISTRATOR 
For an additional amount for "Office of the Administrator" 
for emergency expenses, $1,750,000: Provided, That the entire 
amount is designated by the Congress as an emergency requirement 
pursuant to section 251(b)(2)(A) of the Balanced Budget and 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. 
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES 
DEFENSE ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT 
(INCLUDING RESCISSION) 
For an additional amount for "Defense Environmental Restora-
tion and Waste Management" for emergency expenses necessary 
to support safeguards and security activities, $56,000,000: Provided, 
That the entire amount shall be available only to the extent an 
official budget request that includes designation of the entire 
amount of the request as an emergency requirement as defined 
in the Balanced Budget and Emergency Deficit Control Act of 
PUBLIC LAW 107-206—AUG. 2, 2002 
116 STAT. 851 
1985, as amended, is transmitted by the President to the Congress: 
Provided further. That the entire amount is designated by the 
Congress as an emergency requirement pursuant to section 
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended. 
Of the funds appropriated under this heading in Public Law 
107-66 and prior Energy and Water Development Appropriations 
Acts, $15,540,000 of unexpended balances are rescinded. 
DEFENSE FACILITIES CLOSURE PROJECTS 
For an additional amount for "Defense Facilities Closure 
Projects" for emergency expenses necessary to support safeguards 
and security activities, $14,000,000: Provided, 
That the entire 
amount shall be available only to the extent an official budget 
request that includes designation of the entire amount of the request 
as an emergency requirement as defined in the Balanced Budget 
and Emergency Deficit Control Act of 1985, as amended, is trans-
mitted by the President to the Congress: Provided further. That 
the entire amount is designated by the Congress as an emergency 
requirement pursuant to section 251(b)(2)(A) of the Balanced Budget 
and Emergency Deficit Control Act of 1985, as amended. 
OTHER DEFENSE ACTIVITIES 
For an additional amount for "Other Defense Activities" for 
emergency expenses necessary to support energy security and assur-
ance activities, $7,000,000: Provided, That the entire amount is 
designated by the Congress as an emergency requirement pursuant 
to section 251(b)(2)(A) of the Balanced Budget and Emergency Def-
icit Control Act of 1985, as amended. 
GENERAL PROVISIONS—THIS CHAPTER 
SEC. 501. The amounts invested by the non-Federal interests 
in the biomass project at Winona, Mississippi, before the date 
of enactment of this Act shall constitute full satisfaction of the 
cost-sharing requirement under section 3002 of the Energy Policy 
Act of 1992 (42 U.S.C. 13542). 
SEC. 502. Section 1 of Public Law 105-204 (112 Stat. 681) 
is amended— 
(1) in subsection (b), by striking "until the date" and all 
that follows and inserting "until the date that is 30 days 
after the date on which the Secretary of Energy awards a 
contract under subsection (c), and no such amounts shall be 
available for any purpose except to implement the contract."; 
and 
(2) by striking subsection (c) and inserting the following: 
"(c) CONTRACTING REQUIREMENTS.— 
"(1) IN GENERAL.—^Notwithstanding any other provision of 
law (except section 1341 of title 31, United States Code), the 
Secretary of Energy shall— 
"(A) not later than 10 days after the date of enactment Deadlines. 
of this paragraph, request offerors whose proposals in 
response 
to 
Request 
for 
Proposals 
No. 
DE-RP05-
010R22717 (Acquisition of Facilities and Services for 
Depleted 
Uranium 
Hexalfluoride 
(DUF6) 
Conversion 
Project') were included in the competitive range as of 
116 STAT. 852 
PUBLIC LAW 107-206—AUG. 2, 2002 
Deadline. 
Deadline. 
Deadline. 
January 15, 2002, to confirm or reinstate the offers in 
accordance with this paragraph, with a deadUne for offerors 
to deliver reinstatement or confirmation to the Secretary 
of Energy not later than 20 days after the date of enactment 
of this paragraph; and 
"(B) not later than 30 days after the date of enactment 
of this paragraph, select for award of a contract the best 
value of proposals confirmed or reinstated under subpara-
graph (A), and award a contract for the scope of work 
stated in the Request for Proposals, including the design, 
construction, and operation of— 
"(i) a facility described in subsection (a) on the 
site of the gaseous diffusion plant at Paducah, Ken-
tucky; and 
"(ii) a facility described in subsection (a) on the 
site of the gaseous diffusion plant at Portsmouth, Ohio. 
"(2) CONTRACT TERMS.—^Notwithstanding any other provi-
sion of law (except section 1341 of title 31, United States 
Code) the Secretary of Energy shall negotiate with the awardee 
to modify the contract awarded under paragraph (1) to— 
"(A) require, as a mandatory item, that groundbreaking 
for construction occur not later than July 31, 2004, and 
that construction proceed expeditiously thereafter; 
"(B) include as an item of performance the transpor-
tation, conversion, and disposition of depleted uranium con-
tained in cylinders located at the Oak Ridge K-25 uranium 
enrichment facility located in the East Tennessee Tech-
nology Park at Oak Ridge, Tennessee, consistent with 
environmental agreements between the State of Tennessee 
and the Secretary of Energy; and 
"(C) specify that the contractor shall not proceed to 
perform any part of the contract unless sufficient funds 
have been appropriated, in advance, specifically to pay 
for that part of the contract. 
"(3) CERTIFICATION OF GROUNDBREAKING.—Not later than 
5 days after the date of groundbreaking for each facility, the 
Secretary of Energy shall submit to Congress a certification 
that groundbreaking has occurred. 
"(d) FUNDING.— 
"(1) IN GENERAL.—^For purposes of carrying out this section, 
the Secretary of Energy may use any available appropriations 
(including transferred unobligated balances). 
"(2) 
AUTHORIZATION 
OF 
APPROPRIATIONS.—^There 
are 
authorized to be appropriated, in addition to any funds made 
available under paragraph (1), such sums as are necessary 
to carry out this section.". 
PUBLIC LAW 107-206—AUG. 2, 2002 
116 STAT. 853 
CHAPTER 6 
BILATERAL ECONOMIC ASSISTANCE 
FUNDS APPROPRIATED TO THE PRESIDENT 
UNITED S T A T E S AGENCY FOR INTERNATIONAL DEVELOPMENT 
CHILD SURVIVAL AND HEALTH PROGRAMS FUND 
For an additional amount for "Child Survival and Health Pro-
grams Fund" for emergency expenses for activities related to com-
bating HIV/AIDS, tuberculosis, and malaria, $200,000,000, to 
remain available until June 30, 2003: Provided, That such activities 
should include maternal health and related assistance in commu-
nities heavily impacted by HIV/AIDS: Provided further. That addi-
tional assistance should be provided to prevent transmission of 
HIV/AIDS from mother to child: Provided further, 
That of the 
funds appropriated under this heading in this Act, not less than 
$100,000,000 should be made available for a further United States 
contribution to the Global Fund to Fight AIDS, Tuberculosis, and 
Malaria: Provided further. That the cumulative amount of United 
States contributions to the Global Fund may not exceed the total 
resources provided by other donors and available for use by the 
Global Fund as of December 31, 2002: Provided further. That of 
the funds appropriated under this heading, up to $6,000,000 may 
be transferred to and merged with funds appropriated by this 
Act under the heading "Operating Expenses of the United States 
Agency for International Development" for costs directly related 
to international health: Provided further. That funds appropriated 
by this paragraph shall be apportioned to the United States Agency 
for International Development, and the authority of sections 632(a) 
or 632(b) of the Foreign Assistance Act of 1961, or any similar 
provision of law, may not be used to transfer or allocate any 
part of such funds to any agency of the United States Government: 
Provided further. That the entire amount is designated by the 
Congress as an emergency requirement pursuant to section 
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended: Provided further. That the entire amount 
shall be available only to the extent an official budget request, 
that includes designation of the entire amount of the request as 
an emergency requirement as defined in the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended, is transmitted 
by the President to the Congress: Provided further. That the funds 
appropriated under this heading shall be subject to the regular 
notification procedures of the Committees on Appropriations. 
INTERNATIONAL DISASTER ASSISTANCE 
For an additional amount for "International Disaster Assist-
ance" for emergency expenses for activities related to combating 
international terrorism, including repairing homes of Afghan citi-
zens that were damaged as a result of military operations, 
$134,000,000, to remain available until September 30, 2003. 
In addition, for an additional amount for "International Dis-
aster Assistance" for assistance for the West Bank and Gaza, 
$50,000,000, to remain available until September 30, 2003: Pro-
vided, That none of the funds appropriated by this Act may be 
116 STAT. 854 
PUBLIC LAW 107-206—AUG. 2, 2002 
obligated or expended with respect to providing funds to the Pales-
tinian Authority: Provided further. That the entire amount provided 
under this heading in this Act is designated by the Congress as 
an emergency requirement pursuant to section 251(b)(2)(A) of the 
Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended: Provided further, That $144,000,000 shall be available 
only to the extent an official budget request, that includes designa-
tion of $144,000,000, including $50,000,000 for the West Bank 
and Gaza, as an emergency requirement as defined in the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended, 
is transmitted by the President to the Congress. 
OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR 
INTERNATIONAL DEVELOPMENT 
For an additional amount for "Operating Expenses of the United 
States Agency for International Development" for emergency 
expenses for activities related to combating international terrorism, 
$7,000,000, to remain available until September 30, 2003: Provided, 
That the entire amount is designated by the Congress as an emer-
gency requirement pursuant to section 251(b)(2)(A) of the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended. 
OTHER BILATERAL ECONOMIC ASSISTANCE 
ECONOMIC SUPPORT FUND 
For an additional amount for "Economic Support Fund" for 
emergency expenses for activities related to combating international 
terrorism, $665,000,000, to remain available until June 30, 2003: 
Provided, That of the funds appropriated by this paragraph that 
are made available for assistance for Pakistan, $1,000,000 should 
be made available for programs and activities which support the 
development of independent media in Pakistan: Provided 
further. 
That of the funds appropriated by this paragraph, $10,000,000 
should be made available for the establishment of a pilot academic 
year international youth exchange program for secondary school 
students from countries with significant Muslim populations: Pro-
vided further. That funds made available pursuant to the previous 
proviso shall not be available for a country in which a similar 
academic year youth exchange program is currently funded by 
the United States: Provided further. That of the funds appropriated 
by this paragraph, $200,000,000 shall be made available for assist-
ance for Israel, all or a portion of which may be transferred to, 
and merged with, funds appropriated by this Act under the heading 
"NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED PRO-
GRAMS" for defensive, non-lethal anti-terrorism assistance in accord-
ance with the provisions of chapter 8 of part II of the Foreign 
Assistance Act of 1961: Provided further, That the entire amount 
is designated by the Congress as an emergency requirement pursu-
ant to section 251(b)(2)(A) of the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended: Provided further. That 
$200,000,000 shall be available only to the extent an official budget 
request, that includes designation of $200,000,000 for Israel as 
an emergency requirement as defined in the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended, is transmitted 
by the President to the Congress: Provided further. That funds 
appropriated under this heading, and funds appropriated under 
PUBLIC LAW 107-206—AUG. 2, 2002 
116 STAT. 855 
this heading in prior Acts that are made available for the purposes 
of this paragraph, may be made available notwithstanding section 
512 of Public Law 107-115 or any similar provision of law: Provided 
further, That the Secretary of State shall inform the Committees 
on Appropriations at least 15 days prior to the obligation of funds 
appropriated by this paragraph. 
ASSISTANCE FOR THE INDEPENDENT STATES OF THE FORMER SOVIET 
UNION 
For an additional amount for "Assistance for the Independent 
States of the Former Soviet Union" for emergency expenses for 
activities 
related 
to 
combating 
international 
terrorism, 
$110,000,000, to remain available until June 30, 2003: Provided, 
That the entire amount is designated by the Congress as an 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 Secretary of State shall inform the 
Committees on Appropriations at least 15 days prior to the obliga-
tion of funds appropriated by this paragraph. 
DEPARTMENT OF STATE 
INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT 
For an additional amount for "International Narcotics Control 
and Law Enforcement" for emergency expenses for activities related 
to combating international terrorism, $117,000,000, to remain avail-
able until September 30, 2003: Provided, That funds appropriated 
under this heading should be made available to train and equip 
a Colombian Armed Forces unit dedicated to apprehending the 
leaders of paramilitary organizations: Provided further. That of 
the funds appropriated by this paragraph, not to exceed $6,000,000 
may be made available for assistance for the Colombian Armed 
Forces for purposes of protecting the Cano Limon pipeline: Provided 
further, That prior to the obligation of funds under the previous 
proviso, the Secretary of State shall submit a report to the Commit-
tees on Appropriations describing: (1) the estimated oil revenues 
collected by the Government of Colombia from the Cano Limon 
pipeline for the preceding 12 months; (2) the amounts expended 
during such period by the Government of Colombia and private 
companies owning a financial interest in the pipeline for primary 
health care, basic education, micro-enterprise and other programs 
and activities to improve the lives of the people of Arauca depart-
ment; (3) steps that are being taken to increase and expand support 
for these programs and activities; and (4) mechanisms that are 
being established to adequately monitor such funds: Provided fur-
ther. That of the funds appropriated by this paragraph, not to 
exceed $4,000,000 should be made available for law enforcement 
training for Indonesian police forces: Provided further. That the 
Secretary of State shall inform the Committees on Appropriations 
at least 15 days prior to the obligation of funds appropriated by 
this paragraph: Provided further. That the entire amount is des-
ignated 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 
$3,000,000 shall be available only to the extent an official budget 
request, that includes designation of $3,000,000 as an emergency 
116 STAT. 856 
PUBLIC LAW 107-206—AUG. 2, 2002 
requirement as defined in the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended, is transmitted by the 
President to the Congress. 
MIGRATION AND REFUGEE ASSISTANCE 
For an additional amount for "Migration and Refugee Assist-
ance" for emergency expenses for activities related to combating 
international terrorism, $40,000,000, to remain available until June 
30, 2003: Provided, That the entire amount is designated by the 
Congress as an emergency requirement pursuant to section 
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended: Provided further. That the entire amount 
shall be available only to the extent an official budget request 
that includes designation of the entire amount of the request as 
an emergency requirement as defined of the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended, is transmitted 
by the President to the Congress. 
NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED 
PROGRAMS 
For an additional amount for "Nonproliferation, Anti-Terrorism, 
Demining and Related Programs" for emergency expenses for activi-
ties related to combating international terrorism, $88,000,000, to 
remain available until September 30, 2003: Provided, That of the 
funds appropriated by this paragraph, not to exceed $12,000,000 
should be made available for assistance for Indonesia: Provided 
further. That of the funds appropriated by this paragraph, up to 
$1,000,000 may be made available for small arms and light weapons 
destruction in Afghanistan: Provided further. That of the funds 
appropriated by this paragraph, up to $1,000,000 may be made 
available for the Nonproliferation and Disarmament Fund: Provided 
further, That the entire amount is designated by the Congress 
as an emergency requirement pursuant to section 251(b)(2)(A) of 
the Balanced Budget and Emergency Deficit Control Act of 1985, 
as amended: Provided further. That $5,000,000 shall be available 
only to the extent an official budget request, that includes designa-
tion of $5,000,000 as an emergency requirement as defined in 
the Balanced Budget and Emergency Deficit Control Act of 1985, 
as amended, is transmitted by the President to the Congress: Pro-
vided further. That funds appropriated by this paragraph shall 
be subject to the regular notification procedures of the Committees 
on Appropriations. 
MILITARY ASSISTANCE 
FUNDS APPROPRIATED TO THE PRESIDENT 
FOREIGN M I L I T A R Y FINANCING PROGRAM 
For an additional amount for "Foreign Military Financing Pro-
gram" for emergency expenses for activities related to combating 
international terrorism, $387,000,000, to remain available until 
June 30, 2003: Provided, That funds made available by this Act 
for assistance for the Government of Uzbekistan may be made 
available if the Secretary of State determines and reports to the 
Committees on Appropriations that the Government of Uzbekistan 
is making substantial and continuing progress in meeting its 
PUBLIC LAW 107-206—AUG. 2, 2002 
116 STAT. 857 
commitments under the "Declaration on the Strategic Partnership 
and Cooperation Framework Between the Repubhc of Uzbekistan 
and the United States of America": Provided further, That the 
entire amount is designated by the Congress as an emergency 
requirement pursuant to section 251(b)(2)(A) of the Balanced Budget 
and Emergency Deficit Control Act of 1985, as amended: Provided 
further. That $30,000,000 shall be available only to the extent 
an official budget request, that includes designation of $30,000,000 
for the Philippines as an emergency requirement as defined in 
the Balanced Budget and Emergency Deficit Control Act of 1985, 
as amended, is transmitted by the President to the Congress: Pro-
vided further. That the Secretary of State shall inform the Commit-
tees on Appropriations at least 15 days prior to the obligation 
of funds appropriated by this paragraph: Provided further. That 
funds appropriated under this heading, and funds appropriated 
under this heading in prior Acts that are made available for the 
purposes of this paragraph, may be made available notwithstanding 
section 512 of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 2002 or any similar provision 
of law: Provided further, That not to exceed $2,000,000 of the 
funds appropriated in this paragraph may be obligated for necessary 
expenses, including the purchase of passenger motor vehicles for 
use outside of the United States, for the general cost of admin-
istering military assistance and sales. 
PEACEKEEPING OPERATIONS 
For an additional amount for "Peacekeeping Operations" for 
emergency expenses for activities related to combating international 
terrorism, $20,000,000, to remain available until June 30, 2003: 
Provided, That the entire amount is designated by the Congress 
as an emergency requirement pursuant to section 251(b)(2)(A) of 
the Balanced Budget and Emergency Deficit Control Act of 1985, 
as amended: Provided further, That funds appropriated by this 
paragraph shall be available only for Afghanistan, and may be 
made available notwithstanding section 512 of Public Law 107-
115 or any similar provision of law. 
EXPORT AND INVESTMENT ASSISTANCE 
EXPORT-IMPORT BANK OF THE UNITED STATES 
(RESCISSION) 
Of the funds appropriated under the heading "Export-Import 
Bank of the United States" that are available for tied-aid grants 
in title I of Public Law 107-115 and under such heading in prior 
Acts making appropriations for foreign operations, export financing, 
and related programs, $50,000,000 are rescinded. 
BILATERAL ECONOMIC ASSISTANCE 
FUNDS APPROPRIATED TO THE PRESIDENT 
(RESCISSION) 
Of the funds appropriated to carry out the provisions of parts 
I and II of the Foreign Assistance Act of 1961, the Support for 
East European Democracy (SEED) Act of 1989, and the FREEDOM 
116 STAT. 858 
PUBLIC LAW 107-206—AUG. 2, 2002 
Support Act, in title II of the Foreign Operations, Export Financing, 
and Related Programs Appropriations Act, 2000 (as contained in 
Public Law 106-113) and in prior Acts making appropriations for 
foreign 
operations, 
export 
financing, 
and 
related 
programs, 
$60,000,000 are rescinded: Provided, That not more than a total 
of $25,000,000 may be rescinded from funds appropriated under 
the heading "Development Assistance" in said Acts: Provided fur-
ther. That no rescission may be made from funds appropriated 
to carry out the provisions of section 104(c) of the Foreign Assistance 
Actofl96L 
MULTILATERAL ECONOMIC ASSISTANCE 
FUNDS APPROPRIATED TO THE PRESIDENT 
INTERNATIONAL FINANCIAL INSTITUTIONS 
(RESCISSION) 
The unobligated balances of funds provided in Public Law 92-
301 and Public Law 93-142 for maintenance of value payments 
to international financial institutions are rescinded. 
GENERAL PROVISIONS—THIS CHAPTER 
SEC. 601. (a) COUNTER-TERRORISM AUTHORITY.— 
(1) In fiscal year 2002, funds available to the Department 
of State for assistance to the Government of Colombia shall 
be available to support a unified campaign against narcotics 
trafficking, against activities by organizations designated as 
terrorist organizations such as the Revolutionary Armed Forces 
of Colombia (FARC), the National Liberation Army (ELN), and 
the United Self-Defense Forces of Colombia (AUG), and to 
take actions to protect human health and welfare in emergency 
circumstances, including undertaking rescue operations. 
(2) This provision shall also apply to unexpired balances 
and assistance previously provided from prior years' Acts avail-
able for the purposes identified in paragraph (1). 
(3) The authority in this section is in addition to authorities 
currently available to provide assistance to Colombia. 
(b) In order to ensure effectiveness of United States support 
for such a unified campaign, prior to the exercise of the authority 
contained in subsection (a), the Secretary of State shall report 
to the Committees on Appropriations that— 
(1) the newly elected President of Colombia has— 
(A) committed, in writing, to establish comprehensive 
policies to combat illicit drug cultivation, manufacturing, 
and trafficking (particularly with respect to providing eco-
nomic opportunities that offer viable alternatives to illicit 
crops) and to restore government authority and respect 
for human rights in areas under the effective control of 
paramilitary and guerrilla organizations; 
(B) committed, in writing, to implement significant 
budgetary and personnel reforms of the Colombian Armed 
Forces; and 
(C) committed, in writing, to support substantial addi-
tional Colombian financial and other resources to imple-
ment such policies and reforms, particularly to meet the 
PUBLIC LAW 107-206—AUG. 2, 2002 
116 STAT. 859 
country's previous commitments under "Plan Colombia"; 
and 
(2) no United States Armed Forces personnel or United 
States civilian contractor employed by the United States will 
participate in any combat operation in connection with assist-
ance made available for Colombia under this chapter. 
(c) The authority provided in subsection (a) shall cease to 
be effective if the Secretary of State has credible evidence that 
the Colombian Armed Forces are not conducting vigorous operations 
to restore government authority and respect for human rights in 
areas under the effective control of paramilitary and guerrilla 
organizations. 
(d) Sections 556, 567, and 568 of Public Law 107-115, section 
8093 of the Department of Defense Appropriations Act, 2002, and 
the numerical limitations on the number of United States military 
personnel and United States individual civilian contractors in sec-
tion 3204(b)(1) of Public Law 106-246, as amended, shall be 
applicable to funds made available pursuant to the authority con-
tained in subsection (a). 
DONATED SHIPMENT OF HUMANITARIAN ASSISTANCE OVERSEAS 
SEC. 602. During fiscal year 2002, of the amounts made avail-
able by the United States Agency for International Development 
to carry out the provisions of section 123(b) of the Foreign Assist-
ance Act of 1961, funds may be made available to non-governmental 
organizations for administrative costs necessary to implement a 
program to obtain available donated space on commercial ships 
for the shipment of humanitarian assistance overseas. 
REPORTS ON AFGHANISTAN SECURITY AND DELIVERY OF ASSISTANCE 
SEC. 603. The President shall transmit to the Committee on President. 
Appropriations and the Committee on International Relations of 
the House of Representatives and the Committee on Appropriations 
and the Committee on Foreign Relations of the Senate two reports 
setting forth a strategy for meeting the security needs of Afghani-
stan in order to promote safe and effective delivery of humanitarian 
and other assistance throughout Afghanistan, further the rule of 
law and civil order, and support the formation of a functioning, 
representative Afghan national government. The first report, which Deadline, 
should be transmitted no later than 30 days after enactment of 
this Act, should report on the strategy for meeting the immediate 
security needs of Afghanistan. The second report, which should Deadline, 
be transmitted no later than 90 days after enactment of this Act, 
should report on a long term strategy for meeting the security 
needs of Afghanistan and should include a reassessment of the 
strategy to meet the immediate security needs if they have changed 
substantially. 
116 STAT. 860 
PUBLIC LAW 107-206—AUG. 2, 2002 
f 
CHAPTER? 
DEPARTMENT OF THE INTERIOR 
BUREAU OF LAND MANAGEMENT 
MANAGEMENT OF LANDS AND RESOURCES 
For an additional amount for "Management of Lands and 
Resources", $658,000, for emergency security expenses, to remain 
available until expended: Provided, That the entire amount is des-
ignated 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 the 
entire amount shall be available only to the extent an official 
budget request that includes designation of the entire amount of 
the request as an emergency requirement as defined in the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended, 
is transmitted by the President to the Congress. 
UNITED STATES FISH AND WILDLIFE SERVICE 
RESOURCE MANAGEMENT 
For 
an 
additional 
amount 
for "Resource 
Management", 
$1,038,000, for emergency security expenses, to remain available 
until expended: Provided, That the entire amount is designated 
by the Congress as an emergency requirement pursuant to section 
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended: Provided further, That the entire amount 
shall be available only to the extent an official budget request 
that includes designation of the entire amount of the request as 
an emergency requirement as defined in the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended, is transmitted 
by the President to the Congress. 
CONSTRUCTION 
For an additional amount for "Construction", $3,125,000, to 
remain available until expended, for facility and safety improve-
ments related to homeland security: Provided, That the Congress 
designates the entire amount as an emergency requirement pursu-
ant to section 251(b)(2)(A) of the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended: Provided further. That 
the entire amount shall be available only to the extent an official 
budget request that includes designation of the entire amount of 
the request as an emergency requirement as defined in the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended, 
is transmitted by the President to the Congress. 
NATIONAL PARK SERVICE 
OPERATION OF THE NATIONAL PARK SYSTEM 
For an additional amount for "Operation of the National Park 
System", $1,173,000, for emerjgency security expenses, to remain 
available until expended: Provided, That the entire amount is des-
ignated by the Congress as an emergency requirement pursuant 
PUBLIC LAW 107-206—AUG. 2, 2002 
116 STAT. 861 
to section 251(b)(2)(A) of the Balanced Budget and Emergency Def-
icit Control Act of 1985, as amended: Provided further. That the 
entire amount shall be available only to the extent an official 
budget request that includes designation of the entire amount of 
the request as an emergency requirement as defined in the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended, 
is transmitted by the President to the Congress. 
CONSTRUCTION 
For an additional amount for "Construction", $17,651,000, to 
remain available until expended: Provided, That the Congress des-
ignates the entire amount as an emergency requirement pursuant 
to section 251(b)(2)(A) of the Balanced Budget and Emergency Def-
icit Control Act of 1985, as amended: Provided further. That the 
entire amount shall be available only to the extent an official 
budget request that includes designation of the entire amount of 
the request as an emergency requirement as defined in the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended, 
is transmitted by the President to the Congress. 
UNITED STATES GEOLOGICAL SURVEY 
SURVEYS, INVESTIGATIONS, AND RESEARCH 
For an additional amount for "Surveys, Investigations, and 
Research", $26,000,000, to remain available until expended, of 
which $20,000,000 is for high resolution mapping and imagery 
of the Nation's strategic cities, and of which $6,000,000 is for 
data storage infrastructure upgrades and emergency power supply 
system improvements at the Earth Resources Observation Systems 
Data Center: Provided, That the Congress designates the entire 
amount as an emergency 
requirement 
pursuant to section 
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended: Provided further. That the entire amount 
shall be available only to the extent an official budget request 
that includes designation of the entire amount of the request as 
an emergency requirement as defined in the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended, is transmitted 
by the President to the Congress. 
BUREAU OF INDIAN AFFAIRS 
OPERATION OF INDIAN PROGRAMS 
(INCLUDING RESCISSION OF FUNDS) 
For an additional amount for "Operation of Indian Programs", 
$134,000, for emergency security expenses, to remain available 
until expended: Provided, That the entire amount is designated 
by the Congress as an emergency requirement pursuant to section 
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended: Provided further. That the entire amount 
shall be available only to the extent an official budget request 
that includes designation of the entire amount of the request as 
an emergency requirement as defined in the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended, is transmitted 
by the President to the Congress. 
116 STAT. 862 
PUBLIC LAW 107-206—AUG. 2, 2002 
Of the funds provided under this heading in PubHc Law 107-
20 for electric power operations and related activities at the San 
Carlos Irrigation Project, $10,000,000 are rescinded. 
Funds provided under this heading in Public Law 107-20, 
for electric power operations and related activities at the San Carlos 
Irrigation Project, and remaining within the account may be used 
for unanticipated trust reform projects and costs related to the 
ongoing Cobell litigation or other litigation concerning the manage-
ment of Indian trust funds: Provided, That funds made available 
herein may, as needed, be transferred to or merged with any account 
funded in the Interior and Related Agencies Appropriations Act 
to reimburse costs incurred for these litigation activities. 
DEPARTMENTAL OFFICES 
DEPARTMENTAL MANAGEMENT 
SALARIES AND EXPENSES 
For an additional amount for "Salaries and Expenses", 
$905,000, for emergency security expenses, to remain available 
until expended: Provided, That the entire amount is designated 
by the Congress as an emergency requirement pursuant to section 
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended: Provided further. That the entire amount 
shall be available only to the extent an official budget request 
that includes designation of the entire amount of the request as 
an emergency requirement as defined in the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended, is transmitted 
by the President to the Congress. 
DEPARTMENT OF AGRICULTURE 
FOREST SERVICE 
WILDLAND FIRE MANAGEMENT 
For an additional amount to cover necessary expenses for wild-
fire suppression operations, $50,000,000, to remain available until 
expended: Provided, That such funds are also available for repay-
ment of advances to other appropriation accounts from which funds 
were previously transferred for wildfire suppression: Provided fur-
ther. That the entire amount is designated by the Congress as 
an emergency requirement pursuant to section 251(b)(2)(A) of the 
Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended: Provided further. That the entire amount shall be avail-
able only to the extent that an official budget request, that includes 
designation of the entire amount of the request as an emergency 
requirement as defined in the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended, is transmitted by the 
President to the Congress. 
CAPITAL IMPROVEMENT AND MAINTENANCE 
For an additional amount for "Capital Improvement and 
Maintenance", $3,500,000, to remain available until expended, for 
facility enhancements to protect property from acts of terrorism, 
vandalism, and theft: Provided, That the Congress designates the 
entire amount as an emergency requirement pursuant to section 
PUBLIC LAW 107-206—AUG. 2, 2002 
116 STAT. 863 
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended: Provided further. That the entire amount 
shall be available only to the extent an official budget request 
that includes designation of the entire amount of the request as 
an emergency requirement as defined in the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended, is transmitted 
by the President to the Congress. 
RELATED AGENCY 
SMITHSONIAN INSTITUTION 
SALARIES AND EXPENSES 
For an additional amount for "Salaries and Expenses", of the 
Smithsonian 
Institution, $10,000,000, for emergency 
security 
expenses, to remain available until expended: Provided, That the 
entire amount is designated by the Congress as an emergency 
requirement pursuant to section 251(b)(2)(A) of the Balanced Budget 
and Emergency Deficit Control Act of 1985, as amended: Provided 
further, That the entire amount shall be available only to the 
extent an official budget request that includes designation of the 
entire amount of the request as an emergency requirement as 
defined in the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended, is transmitted by the President to the 
Congress. 
CONSTRUCTION 
For an additional amount for "Construction", $2,000,000, to 
remain available until expended, for planning, design, and construc-
tion of an alcohol collections storage facility at the Museum Support 
Center: Provided, That the Congress designates the entire amount 
as an emergency requirement pursuant to section 251(b)(2)(A) of 
the Balanced Budget and Emergency Deficit Control Act of 1985, 
as amended: Provided further. That the entire amount shall be 
available only to the extent an official budget request that includes 
designation of the entire amount of the request as an emergency 
requirement as defined in the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended, is transmitted by the 
President to the Congress. 
GENERAL PROVISIONS—THIS CHAPTER 
SEC. 701. Within 10 days of enactment of this Act, funds 
appropriated to the Forest Service under the heading "Wildland 
Fire Management" in Public Law 107-63 for the following purposes: 
$5,000,000 for research activities and $10,000,000 for capital 
improvement and maintenance of fire facilities, shall be released 
and made available for immediate obligation. These funds are not 
available for transfer for purposes other than those described in 
this section. 
SEC. 702. None of the funds appropriated in this or any other 
Act, except funds appropriated to the Office of Management and 
Budget, shall be available to study the transfer of any research 
activities from the Smithsonian Institution to the National Science 
Foundation. 
116 STAT. 864 
PUBLIC LAW 107-206—AUG. 2, 2002 
l6USC668dd 
SEC. 703. In fiscal year 2002 and thereafter, the Secretary 
note. 
of the Interior may charge reasonable fees for services provided 
at Midway Atoll National Wildlife Refuge, including fuel sales, 
and retain those fees, to be credited to the United States Fish 
and Wildlife Service, "Resource Management" account and remain 
available until expended for operation and maintenance of infra-
structure and staffing required for non-refuge specific needs, 
including meeting the terms necessary for an airport operating 
certificate and the purchase of fuel supplies. 
SEC. 704. The Department of the Interior and Related Agencies 
Appropriations Act, 2002 (Public Law 107-63), under the head 
"Minerals Management Service, Royalty and Offshore Minerals 
Management" is amended by striking the word "and" immediately 
following the word "points," in the sixth proviso, and by inserting 
immediately after the word "program" in the sixth proviso ", or 
under its authority to transfer oil to the Strategic Petroleum 
Reserve,", and by inserting at the end of the sixth proviso imme-
diately preceding the colon, the following, "and to recover MMS 
transportation costs, salaries and other administrative costs directly 
related to filling the Strategic Petroleum Reserve". 
SEC. 705. In entering into agreements with foreign countries 
pursuant to the Wildfire Suppression Assistance Act (42 U.S.C. 
1856m) the Secretary of Agriculture and the Secretary of the 
Interior are authorized to enter into reciprocal agreements in which 
the individuals furnished under said agreements to provide wildfire 
services are considered, for purposes of tort liability, employees 
of the country receiving said services when the individuals are 
fighting fires. The Secretary of Agriculture or the Secretary of 
the Interior shall not enter into any agreement under this provision 
unless the foreign country (either directly or through its fire 
organization) agrees to assume any and all liability for the acts 
or omissions of American firefighters engaged in firefighting in 
a foreign country. When an agreement is reached for furnishing 
fire fighting services, the only remedies for acts or omissions com-
mitted while fighting fires shall be those provided under the laws 
of the host country and those remedies shall be the exclusive 
remedies for any claim arising out of fighting fires in a foreign 
country. Neither the sending country nor any organization associ-
ated with the firefighter shall be subject to any action whatsoever 
pertaining to or arising out of fighting fires. 
SEC. 706. (a) FINDINGS.—Congress finds that— 
(1) forest health conditions within the Beaver Park Area 
and the Norbeck Wildlife Preserve within the Black Hills 
National Forest are deteriorating and immediate action to treat 
these areas is in the public interest; 
(2) the existing settlement agreement in Biodiversity 
Associates v. Laverty, Civil Action No. 99-N-2173, filed in 
the United States District Court for the District of Colorado 
on September 12, 2000, (referred to in this Act as the "Settle-
ment") prevents timely action to reduce the risk of wildfire 
in the Beaver Park Roadless Area; 
(3) pending litigation (Sierra Club v. U.S. Forest Service, 
Civ. No. 94-D-2273 (D. Colorado)) prevents timely action to 
reduce the risk of wildfire in the Norbeck Wildlife Preserve; 
(4) existing administrative and legal processes cannot 
address the fire danger in time to enable the Secretary of 
Agriculture to take action to reduce the danger; 
PUBLIC LAW 107-206—AUG. 2, 2002 
116 STAT. 865 
(5) immediate action to address the fire danger in an 
environmentally responsive manner is supported by the State, 
local counties, local industry users, and some environmental 
groups; 
(6) the addition of 3,600 acres to the Black Elk Wilderness 
in the Black Hills National Forest is in the public interest; 
(7) the State of South Dakota, Lawrence, Meade and Pen-
nington County fire officials are encouraged to identify "fire 
emergency zone" areas in which public safety may require 
a moratorium on issuance of new building permits, and identify 
the changes in conditions (including the adoption of fire-safe 
building standards) that may be needed to end these moratoria; 
and 
(8) the State of South Dakota is encouraged to take actions 
as necessary to create a defensible fuel zone within State lands 
south and southwest of Sturgis. 
(b) PURPOSES.—^The purposes of this section are— 
(1) to authorize and direct the Secretary of Agriculture 
(in this section referred to as the "Secretary") to undertake 
actions to address promptly the risk of fire and insect infesta-
tion; and 
(2) to designate an addition to the existing Black Elk 
Wilderness Area in the Black Hills National Forest. 
(c) FIRE AND BEETLE RISK REDUCTION IN EXISTING TIMBER 
SALE ANALYSIS AREAS.— 
(1) IN GENERAL.—Subject to paragraph (2), the Secretary 
is authorized to treat additional timber within or outside the 
existing cutting units for the Piedmont, Kirk, Redhill, Cavern, 
Deadman, Danno and Vanocker timber sales and within the 
analysis areas for these sales as is necessary to reduce beetle 
infestation and fire hazard; 
(2) CRITERIA.—In implementing additional 
treatments 
within the timber sale analysis areas referred to in paragraph 
(1), the Secretary shall use in order of priority the following 
criteria: 
(A) Areas within VA mile of private properties where 
private property owners have taken or are taking actions 
to treat their lands. 
(B) Stands that are a fire hazard or insect infested, 
and are near private lands or in proximity to communities. 
(C) Areas that have the highest intensity or concentra-
tion of insect infestation that will move to other areas. 
(D) Stands that are a fire hazard or insect infested, 
and are near areas of high resource value where retaining 
green trees is important, such as goshawk nests, sensitive 
landscapes, recreation areas, and developments. 
(E) Stands that are a high fire hazard or insect 
infested, and are within skidding distance of existing roads. 
(F) Concentrations of insect infested trees. 
(G) Stands with the highest density that are most 
susceptible to insect attack and are in close proximity 
to infested trees. 
(3) ADDITIONAL CRITERIA.—In carrjdng out this subsection, 
the Secretary shall ensure that— 
(A) any additional treatment for the Cavern, Kirk, 
and Piedmont sales shall comply with provisions 6c, d 
and e of the Settlement; 
116 STAT. 866 
PUBLIC LAW 107-206—AUG. 2, 2002 
(B) any additional treatment for the Deadman and 
Vanocker sales, shall be consistent with the Black Hills 
' 
Forest Plan, including the "Phase I Amendment"; and 
(C) any additional treatment for the Redhill and Danno 
sales shall comply with the provisions of 7b, c, and g 
of the Settlement. 
(4) SKID TRAILS,—^Notwithstanding the Settlement, the Sec-
retary may authorize access by skid trails to the additional 
treatment areas referred to in this subsection to remove or 
treat infested stands, except that the skid trails otherwise 
restricted by the settlement shall be restored to pre-existing 
conditions upon completion of treatment activities. 
(5) COMPLETION OF TREATMENT ACTIVITIES.—The Secretary 
shall request timber purchasers to give priority to completing 
treatment 
within the Piedmont, 
Ejrk, 
Redhill, 
Cavern, 
Deadman, Danno, and Vanocker timber sale areas to address 
fire issues and beetle outbreaks. 
(d) OTHER TREATMENTS.— 
(1) BUFFER ZONES.—^The Secretary is authorized to reduce 
risk to private property adjoining the Black Hills National 
Forest by treating insect infested trees, dead trees, and downed 
woody materials on National Forest System lands in T5N, 
R5E, BHM, Section 35, and T4N, R5E, BHM, Sections 1, 2 
and 12 within 200 feet of adjacent private property. The treat-
ments shall comply with the goshawk nest protections and 
snail protections in provisions 6c and 7g of the Settlement. 
(2) ADDITIONAL TREATMENTS.—^The Secretary is authorized 
to treat for insects and fuel reduction National Forest System 
lands within y4 mile of private property and other non-National 
Forest System lands near the community of Sturgis, and shall 
include, where feasible, the following locations: 
(A) in T5N, R5E, BHM within ^4 mile of the exterior 
boundary of the Black Hills National Forest in— 
(i) Section 35; 
(ii) Section 27; 
(iii) Section 21; 
(iv) Section 20; and 
(v) Section 18. 
. 
; 
(B) in T5N, R4E, BHM— 
(i) Section 13; 
(ii) Section 11; 
(iii) Section 2; 
(iv) Section 3; and 
(v) Section 4. 
(3) FUEL BREAKS.—The Secretary shall establish 400-foot 
fuel breaks as depicted on the map entitled "Beaver Park 
Fuel Breaks and Fuel Treatment Areas," dated June 11, 2002. 
In establishing the fuel breaks, the Secretary— 
(A) shall not enter any 30-acre area around historic 
or active goshawk nest sites identified in Exhibit Bl of 
the Settlement; and 
(B) shall use best efforts to retain the largest green 
trees and large snags. 
(4) LIMITATION.—^Treatment actions outside of the Beaver 
Park Roadless Area authorized by subsection (c) and subsection 
(d)(1), (2), and (3) shall be limited to no more than 8,000 
PUBLIC LAW 107-206—AUG. 2, 2002 
116 STAT. 867 
acres of National Forest System land, pending the issuance 
of a decision on the proposed Elk Bugs and Fuel project. 
(5) FORBES GULCH.—^To reduce concentrated heavy fuels, 
the Secretary is authorized to treat not more than 700 acres 
within the area identified as Forbes Gulch on the map referred 
to in paragraph (3). Such treatments shall not involve commer-
cial timber sales or road construction, except that the Secretary 
may permit firewood cutters to remove the timber without 
construction of any roads. In carrying out the treatments 
authorized by this paragraph, the Secretary— 
(A) may use the Forbes Gulch unclassified road for 
motorized equipment and vehicles to facilitate ingress and 
egress of equipment and personnel and may maintain this 
road to minimum standards necessary for safety and 
resource protection; 
(B) may utilize helicopters to fly in heavy equipment 
(such as industrial chippers and small tractors) to assist 
with the project; 
(C) shall use best efforts to retain the largest green 
trees and large snags; 
(D) may construct two 10-acre safety zones; and 
(E) shall reduce the stand structure to no less than 
40 square feet basal area per acre of live trees, if available. 
(e) FIRE SUPPRESSION ACCESS IN THE BEAVER PARK ROADLESS 
AREA.— 
(1) PRE-SUPPRESSION PLAN.—^The pre-suppression plan for 
the Beaver Park Roadless Area provided for in the Settlement 
may provide for actions authorized by this section, and shall 
be completed as soon as practicable. 
(2) IMPROVED ACCESS.—^The Secretary is authorized to pro-
vide for improved fire equipment access at the perimeter of 
the Beaver Park Roadless Area by improving classified Forest 
Roads 139.1, 169.1b, 169. Id, and 139.1b. Such improvements 
shall be the minimum necessary for crews, equipment and 
single axle wildfire trucks and may include removing selected 
trees along roads, constructing pull-outs and tum-arounds, 
smoothing road surfaces in rough spots, and straightening some 
corners. 
(3) FORBES GULCH UNCLASSIFIED ROAD.—^To protect public 
safety and reduce fire risks, the Secretary shall prohibit public 
access year-long on the Forbes Gulch unclassified road. The 
Secretary shall conduct a roads analysis process as provided 
in Forest Service Manual 7710 and the necessary level of anal-
ysis and documentation pursuant to the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321-4347) (in this section 
referred to as "NEPA") before making a decision to open to 
public motor vehicle use the Forbes Gulch unclassified road 
identified on the map entitled "Beaver Park Fuel Breaks and 
Fuel Treatment Areas," dated June 11, 2002. Except as pro-
vided in subsection (d)(5) and until a decision is issued, the 
Secretary shall not maintain the Forbes Gulch unclassified 
road and shall prohibit public access on the road. 
(4) HELISPOTS.—If sufficient openings for helispots are not 
available in the Beaver Park Roadless Area, the Secretary 
is authorized to construct two 5-acre helispots within the Area 
to transport firefighters and fire equipment into and out of 
the area. 
116 STAT. 868 
PUBLIC LAW 107-206—AUG. 2, 2002 
(5) EASEMENTS.—^To facilitate firefighter access into, and 
escape routes from, Beaver Park Roadless Area, the Secretary 
shall attempt to acquire easements from the exterior Forest 
Service boundary to 1-90 on the eastern side of Beaver Park 
Roadless Area, at a minimum, along Tilford Gulch, Forbes 
Gulch, Pleasant Valley and Bulldog Gulch. 
(f) NEEDLES TIMBER SALE AREA.— 
(1) NEEDLES TIMBER SALE.—^The Needles Timber Sale shall 
proceed after the Secretary makes modifications in implementa-
tion of the Decision Notice to further benefit game animals 
and birds, as reflected in the memorandum known as the 
"Burns/Carter memorandum" dated November 10, 1999, and 
maintained in the Black Hills National Forest Supervisor's 
office. The standards to which any road is constructed for 
the timber sale shall be the minimum necessary to access 
and remove timber. 
(2) RESEARCH COMMITTEE.—By December 1, 2003, the Sec-
retary shall select a committee composed of research scientists 
who are federal employees to recommend an old growth 
research area within the Needles area (outside the Needles 
Timber Sale cutting units). By December 1, 2004, the committee 
shall make its recommendation to the Secretary. The commit-
tee's recommendation shall be subject to public notice, review 
and comment. 
(g) GRIZZLY TIMBER SALE.—The Grizzly Timber Sale shall pro-
ceed after the Secretary makes modifications in implementation 
of the Decision Notice to further benefit game animals and birds, 
as reflected in the memorandum known as the "Burns/Carter memo-
randum" dated November 10, 1999, and maintained in the Black 
Hills National Forest Supervisor's office. The standards to which 
any road is constructed for the timber sale shall be the minimum 
necessary to access and remove timber. 
(h) NORBECK.—^The Secretary is authorized to use the full spec-
trum of management tools including prescribed fire and silvicultural 
treatments to benefit game animal and bird habitat in meeting 
the purposes of the Norbeck Organic Act. The management actions 
required by subsections (f)(1) and (g) are deemed consistent with 
the Norbeck Organic Act (16 U.S.C. 675-678b). 
(i) NORBECK MEMORANDUM OF UNDERSTANDING.—By December 
1, 2003, the Secretary shall propose a Memorandum of Under-
standing with the South Dakota Department of Game, Fish and 
Parks to, at a minimum, adopt procedures to monitor the effects 
of management activities, consult on habitat management, concur 
on program areas of responsibility, and review and recommend 
as needed any changes to Norbeck Wildlife Preserve direction con-
tained in the 1997 Revised Forest Plan and future plan amendments 
and revisions. The basis of the MOU will be the guidelines set 
forth in the May 21, 2002 memo by SDF&P. 
(j) PROCESS.—^Due to the extraordinary circumstances present 
here, actions authorized by this section shall proceed immediately 
and to completion notwithstanding any other provision of law 
including, but not limited to, NEPA and the National Forest 
Management Act (16 U.S.C. 1601 et seq.). Such actions shall also 
not be subject to the notice, comment, and appeal requirements 
of the Appeals Reform Act, (16 U.S.C. 1612 (note). Pub. Law No. 
102-381 sec. 322). Any action authorized by this section shall 
not be subject to judicial review by any court of the United States. 
PUBLIC LAW 107-206—AUG. 2, 2002 
116 STAT. 869 
Except as provided by this section the Settlement remains in full 
force and effect. 
(k) EFFECT OF ACTIONS.—^Except for those actions required 
by subsections (f)(1) and (g), the Secretary shall disclose the effect 
of actions authorized by this section in the proposed Elk Bugs 
and Fuels project cumulative effects analysis for past, present, 
and reasonably foreseeable future actions. The decision for the 
Elk Bugs and Fuels project shall be issued not later than July 
1, 2003. 
(1) RESEARCH NATURAL AREA.—^Except as provided in this sec-
tion, the Secretary shall undertake no additional ground disturbing 
or vegetation removal activities within the Beaver Park Roadless 
Area until completion of the Phase II amendment to the Black 
Hills National Forest Plan. The Secretary shall analyze the Beaver 
Park Roadless Area for suitability as a Research Natural Area, 
as required by the Settlement. The Secretary shall not consider 
any of the actions authorized or required by this section to affect 
the suitability of the Beaver Park Roadless Area for designation 
as a Research Natural Area. 
(m) ROADLESS CHARACTER.—^The actions authorized by this sec-
tion will not affect the determination of the Beaver Park Roadless 
Area's wilderness capability, wilderness suitability, and/or roadless 
character. 
(n) WILDERNESS DESIGNATION.—Section 103 of Public Law 96-
560 is amended by— 
16 USC 1132 
(1) inserting "(1)" after "National Wilderness Preservation note. 
System:"; and 
(2) adding before ": Provided, That" the following: "; and 
(2) certain lands in the Black Hills National Forest, South 
Dakota, which comprise approximately three thousand six hun-
dred acres, as generally depicted on a map entitled 'Black 
Elk Wilderness Addition-Proposed,' dated June 13, 2002, and 
which shall constitute an addition to the existing Black Elk 
Wilderness". 
(o) REPORTING.—^The Secretary shall report to the Congress Deadlines. 
on the implementation of this section on or by November 30, 2002, 
June 30, 2003, and November 30, 2003. 
CHAPTERS 
DEPARTMENT OF LABOR 
OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION 
SALARIES AND EXPENSES 
Of the funds provided under this heading in Public Law 107-
116 for Occupational Safety and Health Administration training 
grants, not less than $3,200,000 shall be used to extend funding 
for the Institutional Competency Building training grants which 
commenced in September 2000, for program activities for the period 
of September 30, 2002 to September 30, 2003, provided that a 
grantee has demonstrated satisfactory performance. 
116 STAT. 870 
PUBLIC LAW 107-206—AUG. 2, 2002 
DEPARTMENT OF HEALTH AND HUMAN SERVICES 
HEALTH RESOURCES AND SERVICES 
ADMINISTRATION 
HEALTH RESOURCES AND SERVICES 
The matter preceding the first proviso under this heading in 
Public Law 107-116 is amended— 
(1) by inserting "IV," after "titles II, III,"; and 
(2) by striking "$311,978,000" and inserting "$315,333,000". 
The matter under this heading in Public Law 107-116 is 
amended by striking "$4,000,000 is for the Columbia Hospital for 
Women Medical Center in Washington, D.C. to support community 
outreach programs for children" and inserting "$4,000,000 is for 
the All Children's Hospital, St. Petersburg, Florida to support 
development of a pediatric clinical research center program". 
CENTERS FOR DISEASE CONTROL AND PREVENTION 
DISEASE CONTROL, RESEARCH, AND TRAINING 
For an additional amount for the Centers for Disease Control 
and 
Prevention, 
"Disease 
Control, Research, and Training", 
$1,000,000: Provided, That the entire amount is designated as 
an emergency requirement pursuant to section 251(b)(2)(A) of the 
Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended: Provided further, That the entire amount shall be 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. 
NATIONAL INSTITUTES OF HEALTH 
BUILDINGS AND FACILITIES 
(INCLUDING RESCISSION) 
Of the funds provided under this heading in Public Law 107-
116, $30,000,000 are rescinded. 
115 Stat. 2191. 
Under this heading in Public Law 107-116, "$26,000,000" is 
deleted and "$36,600,000" is inserted. 
ADMINISTRATION FOR CHILDREN AND FAMILIES 
CHILDREN AND FAMILIES SERVICES AND PROGRAMS 
For an additional amount for "Children and Families Services 
Programs" for carrying out section 316 of the Family Violence 
Prevention and Services Act (42 U.S.C. 10416), $500,000: Provided, 
That the entire amount is designated by the Congress as an 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 
PUBLIC LAW 107-206—AUG. 2, 2002 
116 STAT. 871 
Act of 1985, as amended, is transmitted by the President to the 
Congress. 
OFFICE OF THE SECRETARY 
PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND 
For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States for "Public Health and Social 
Services Emergency Fund" for baseline and follow-up screening 
and clinical examinations, long-term health monitoring and analysis 
for the emergency services personnel, rescue and recovery personnel, 
$90,000,000, to remain available until expended, of which no less 
than $25,000,000 shall be available for current and retired fire-
fighters: Provided, That the entire amount is designated by the 
Congress as an emergency requirement pursuant to section 
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended: Provided further, That the entire amount 
shall be available only to the extent an official budget request, 
that includes designation of the entire amount of the request as 
an emergency requirement as defined in the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended, is transmitted 
by the President to the Congress. 
DEPARTMENT OF EDUCATION 
SCHOOL IMPROVEMENT PROGRAMS 
The matter under this heading in Public Law 107-116 is 
115 Stat. 2203. 
amended by inserting before the period, ": ProvJAed further, That 
of the amount made available under subpart 8, part D, title V 
of the ESEA, $2,300,000 shall be available for Digital Educational 
Programming Grants". 
Of the funds provided under this heading in Public Law 107-
116 to carry out the Elementary and Secondary Education Act 
of 1965, $832,889,000 shall be available to carry out part D of 
title V, and up to $11,500,000 may be used to carry out section 
2345. 
In the statement of the managers of the committee of conference 
accompanying H.R. 3061 (Pubhc Law 107-116; House Report 107-
342), in the matter relating to the Fund for the Improvement 
of Education under the heading "School Improvement Programs"— 
(1) the provision specifying $200,000 for Fresno At-Risk 
Youth Services and the provision specifying $225,000 for the 
Fresno Unified School District shall be applied by substituting 
the following for the two provisions: "Fresno Unified School 
District, Fresno, California, in partnership with the City of 
Fresno, California, for activities to address the problems of 
at-risk youth, including afterschool activities and a mobile 
science unit, $425,000"; 
(2) the provision specifying $250,000 for the Wellington 
Public School District, Wellington, KS, shall be deemed to read 
as follows: "Wellington Public School District, Wellington, KS, 
for after school activities, $250,000"; 
(3) the provision specifying $200,000 for the Vermont 
Higher Education Council shall be deemed to read as follows: 
"Vermont Higher Education Consortium to develop universal 
early learning programs to ensure that at least one certified 
116 STAT. 872 
PUBLIC LAW 107-206—AUG. 2, 2002 
teacher will be available in center-based child care programs, 
$200,000"; 
(4) the provision specifying $250,000 for Education Service 
District 117 in Wenatchee, WA, shall be deemed to read as 
follows: "Education Service District 171 in Wenatchee, WA, 
to equip a community technology center to expand technology-
based training, $250,000"; 
(5) the provision specifying $1,000,000 for the Electronic 
Data Systems Project shall be deemed to read as follows: "Wash-
ington State Department of Education for an electronic data 
systems project to create a database that would improve the 
acquisition, analysis and sharing of student 
information, 
$1,000,000"; 
(6) the provision specifying $250,000 for the YMCA of 
Seattle-King-Snohomish County shall be deemed to read as 
follows: "YWCA of Seattle-King County-Snohomish County to 
support women and families through an at-risk youth center 
and other family supports, $250,000"; 
(7) the provision specifying $50,000 for Drug Free Pennsyl-
vania shall be deemed to read as follows: "Drug Free Pennsyl-
vania to implement a demonstration project, $50,000"; 
(8) the provision specifying $20,000,000 for the Common-
wealth of Pennsylvania Department of Education shall be 
deemed to read as follows: "$20,000,000 is included for a grant 
to the Commonwealth of Pennsylvania Department of Edu-
cation to provide assistance, through subgrants, to low-per-
forming school districts that are slated for potential takeover 
and/or on the Education Empowerment List as prescribed by 
Pennsylvania State Law. The initiative is intended to improve 
the management and operations of the school districts; assist 
with curriculum development; provide after-school, summer and 
weekend programs; offer teacher and principal professional 
development and promote the acquisition and effective use of 
instructional technology and equipment"; 
(9) the provision specif5ang $1,000,000 for State of Lou-
isiana for Louisiana Online shall be deemed to read as follows: 
"Online Louisiana, Inc., New Orleans, LA, for a K-12 tech-
nology initiative, $1,000,000"; 
(10) the provision specifying $150,000 for the American 
Theater Arts for Youth, Inc., Philadelphia, PA, for a Mississippi 
Arts in Education Program shall be deemed to read as follows: 
"American Theater Arts for Youth, Inc., for a Mississippi Arts 
in Education program, $150,000"; 
(11) the provision specifying $340,000 for the Zero to Five 
Foundation, Los Angeles, California, shall be deemed to read 
as follows: "Zero to Five Foundation, Los Angeles, California, 
to develop an early childhood education and parenting project, 
$340,000"; 
(12) the provision specifying $900,000 for the University 
of Nebraska, Kearney, Nebraska, shall be deemed to read as 
follows: "University of Nebraska, Kearney, Nebraska, for a 
Minority Access to Higher Education Program to address the 
special needs of Hispanic and other minority populations from 
grades K-12, $900,000"; 
(13) the provision specifying $25,000 for the American The-
ater Arts for Youth for an Arts in Education program shall 
be deemed to read as follows: "American Theater Arts for 
PUBLIC LAW 107-206—AUG. 2, 2002 
116 STAT. 873 
Youth, Inc., in Philadelphia, Pennsylvania, for an Arts in Edu-
cation program, $25,000"; 
(14) the provision specifying $50,000 for the Lewiston-
Auburn College/University of Southern Maine shall be deemed 
to read as follows: "Lewiston-Auburn College/University of 
Southern Maine CLASS program to prepare teachers to meet 
the demands of Maine's 21st century elementary and middle 
schools, $50,000"; and 
(15) the provision specifying $500,000 for the Prairie Lakes 
Education Cooperative in Madison, South Dakota to advance 
distance learning for Native Americans in BIA and tribal 
schools shall be deemed to read as follows: "Sisseton-Wahpeton 
School Board in Agency Village, South Dakota to advance dis-
tance learning for Native American students, $500,000". 
STUDENT FINANCIAL ASSISTANCE 
For an additional amount for "Student Financial Assistance" 
for Pell Grants, $1,000,000,000, to remain available through Sep-
tember 30, 2003. 
HIGHER EDUCATION 
In the statement of the managers of the committee of conference 
accompanying H.R. 3061 (Public Law 107-116; House Report 107-
342), in the matter relating to the Fund for the Improvement 
of 
Postsecondary 
Education 
under 
the 
heading 
"Higher 
Education"— 
(1) the provision for Nicholls State University, Thibodaux, 
LA, shall be applied by substituting "Intergenerational Program 
and Advanced Technology Program" for "International Pro-
gram"; 
(2) the provision specifying $1,000,000 for the George J. 
Mitchell Scholarship Research Institute shall be deemed to 
read as follows: "George J. Mitchell Scholarship Research 
Institute in Portland, Maine, for an endowment to provide 
scholarships that allow students attending public schools in 
Maine to continue their education, $1,000,000"; 
(3) the provision specifying $10,000,000 for the Shriver 
Peace Worker Program, Inc. shall be deemed to read as follows: 
"Shriver Peace Worker Program, Inc. to establish the Sargent 
Shriver Peace Center, which may include establishing an 
endowment for such center, for the purpose of supporting grad-
uate research fellowships, professorships, and grants and schol-
arships for students related to peace studies and social change, 
$10,000,000"; and 
(4) the provision specifying $1,000,000 for Cleveland State 
University shall be deemed to read as follows: "Cleveland State 
University, College of Education, Cleveland, Ohio, for a K-
16 Urban School Leadership initiative, $1,000,000". 
EDUCATION RESEARCH, STATISTICS, AND ASSESSMENT 
The matter under this heading in Public Law 107-116, is lis Stat. 2207. 
amended by inserting before the period the following new proviso: 
": Provided further. That $5,000,000 shall be available to extend 
for one additional year the contract for the Eisenhower National 
Clearinghouse for Mathematics and Science Education authorized 
116 STAT. 874 
PUBLIC LAW 107-206-AUG. 2, 2002 
under section 2102(a)(2) of the Elementary and Secondary Edu-
cation Act of 1965, prior to its amendment by the No Child Left 
Behind Act of 2001, Public Law 107-110". 
20 u s e 7703. 
Awards. 
Ruth L. 
Kirschstein. 
42 u s e 242b, 
285a-3, 285b-4, 
285C-2, 285d-2, 
285e-2, 288 note, 
300C-16. 
GENERAL PROVISIONS-THIS CHAPTER 
SEC. 801. The Elementary and Secondary Education Act of 
1965 is hereby amended in section 8003 by amending subsection 
(b)(2)(D)(ii)(III) to read as follows: "For a local educational agency 
that does not qualify under (B)(i)(II)(aa) of this subsection and 
has an enrollment of more than 100 but not more than 1,000 
children described in subsection (a)(1), the Secretary shall calculate 
the total number of weighted student units for purposes of sub-
section (a)(2) by multipljdng the number of such children by a 
factor of 1.25.". 
SEC. 802. The Elementary and Secondary Education Act of 
1965 is hereby amended in section 8003(b)(1) by adding the follow-
ing as subparagraph (G): 
"(G) Beginning with fiscal year 2002, for the purpose 
of calculating a payment under this paragraph for a local 
educational agency whose local contribution rate was com-
puted under subparagraph (C)(iii) for the previous year, 
the Secretary shall use a local contribution rate that is 
not less than 95 percent of the rate that the LEA received 
for the preceding year.". 
SEC. 803. Amounts made available in Public Law 107-116 
for the administrative and related expenses for departmental 
management for the Department of Labor, the Department of 
Health and Human Services, and the Department of Education, 
shall be reduced by $45,00(),000: Provided, That this provision 
shall not apply to the Food and Drug Administration and the 
Indian Health Service: Provided further, That not later than 15 
days after the enactment of this Act, the Director of the Office 
of Management and Budget shall report to the House and Senate 
Committees on Appropriations the accounts subject to the reduc-
tions and the amount to be reduced in each account. 
SEC. 804. (a) Section 487 of the Pubhc Health Service Act 
(42 U.S.C. 288) is amended by striking "National Research Service 
Awards" or "National Research Service Award" each place either 
appears and inserting in lieu thereof "Ruth L. Kirschstein National 
Research Service Awards" or "Ruth L. Kirschstein National 
Research Service Award" as appropriate. 
(b) The heading for section 487 of the Public Health Service 
Act (42 U.S.C. 288) is amended to read as follows: "Ruth L. 
Kirschstein National Research Service Awards". 
(c) Any reference in any law (other than this Act), regulation, 
document, record, map, or other paper of the United States to 
"National Research Service Awards" shall be considered to be a 
reference to "Ruth L. Kirschstein National Research Service 
Awards". 
SEC. 805. None of the funds provided by this or any other 
Act may be used to enforce the amendments made by section 
166 of the Community Renewal Tax Relief Act of 2000 in Alaska, 
including the imposition of any penalties. 
SEC. 806. In the statement of the managers of the committee 
of conference accompanjdng the fiscal year 2001 Labor, Health 
and Human Services, and Education appropriations bill (Public 
PUBLIC LAW 107-206—AUG. 2, 2002 
116 STAT. 875 
Law 106-554; House Report 106-1033), the provision specifying 
$464,000 for the Bethel Native Corporation worker demonstration 
project shall be deemed to read as follows: "for the Alaska CHAR 
vocational training program, $100,000 and $364,000 for the Yuut 
Elitnauvriat People's Learning Center in Bethel, Alaska for voca-
tional training for Alaska Natives". 
SEC. 807. Notwithstanding any other provision of law, from 
September 1 through September 30, 2002, the Secretary of Edu-
cation may transfer to Program Administration an amount nec-
essary to offset any reduction pursuant to section 803 of this Act 
but not to exceed $5,000,000 from funds made available in the 
Department of Education Appropriations Act, 2002, that the Sec-
retary determines are not needed to fully fund all qualified grant 
applications and would otherwise lapse at the end of fiscal year 
2002: Provided, That the Committees on Appropriations of both 
Houses of Congress are notified at least 15 days in advance of 
any such transfer. 
CHAPTER 9 
LEGISLATIVE BRANCH 
HOUSE OF REPRESENTATIVES 
SALARIES AND EXPENSES 
For an additional amount for salaries and expenses of the 
House of Representatives, $1,600,000, as follows: 
COMMITTEE EMPLOYEES 
STANDING COMMITTEES, SPECIAL AND SELECT 
For an additional amount for salaries and expenses of standing 
committees, special and select, authorized by House resolutions, 
$1,600,000: Provided, That such amount shall remain available 
for such salaries and expenses until December 31, 2002. 
JOINT ITEMS 
CAPITOL POLICE BOARD 
CAPITOL POLICE 
GENERAL EXPENSES 
For an additional amount for the Capitol Police Board for 
necessary expenses of the Capitol Police, including computer equip-
ment and services, training, communications, uniforms, weapons, 
and reimbursement to the Environmental Protection Agency, Haz-
ardous Substance Superfund for additional expenses incurred for 
anthrax investigations and cleanup actions, $16,100,000, to remain 
available until expended, to be disbursed by the Capitol Police 
Board or their delegee. 
116 STAT. 876 
40 u s e 174b-2. 
Effective date. 
40 u s e 174b-2 
note. 
40 u s e 175a. 
Effective date. 
40 u s e 175a 
note. 
31 u s e 1535 
note. 
PUBLIC LAW 107-206—AUG. 2, 2002 
LIBRARY OF CONGRESS 
COPYRIGHT OFFICE 
SALARIES AND EXPENSES 
For an additional amount for "Copyright Office, Salaries and 
expenses", $7,500,000, to remain available until expended. 
ADMINISTRATIVE PROVISIONS 
SEC. 901. The amount otherwise made available under section 
506 of the Supplemental Appropriations Act, 1973 (2 U.S.C. 58) 
for fiscal year 2002 to any Senator from the Senators' Official 
Personnel and Office Expense Account shall be increased by the 
amount (not in excess of $20,000) which the Senator certifies in 
a written request to the Secretary of the Senate made not later 
than September 30, 2002, as being necessary for the payment 
or reimbursement of expenditures incurred or obligated during fiscal 
year 2002 that— 
(1) are otherwise payable from such account, and 
(2) are directly related to responses to the terrorist attacks 
of September 11, 2001, or the discovery of anthrax in the 
Senate complex and the displacement of Senate offices due 
to such discovery. 
SEC. 902. (a) Chapter 9 of the Emergency Supplemental Act, 
2002 (Public Law 107-117; 115 Stat. 2315), is amended— 
(1) in section 901(a), by striking "buildings and facilities" 
and insert "buildings and facilities, subject to the availability 
of appropriations,". 
(b) Section 9 of the Act of July 31, 1946 (40 U.S.C. 212a), 
is amended by redesignating the subsection (b) added by section 
903(c)(2) of the Emergency Supplemental Act, 2002, as subsection 
(c). 
(c) The amendment made by this section shall take effect as 
if included in the enactment of the Emergency Supplemental Act, 
2002. 
SEC. 903. (a) Chapter 9 of the Emergency Supplemental Act, 
2002 (Public Law 107-117; 115 Stat. 2315), is amended— 
(1) in section 903(a), by striking "buildings and facilities" 
and insert "buildings and facilities, subject to the availability 
of appropriations,". 
(b) Section 9 of the Act of July 31, 1946 (40 U.S.C. 212a), 
is amended by redesignating the subsection (b) added by section 
903(c)(2) of the Emergency Supplemental Act, 2002, as subsection 
(c). 
(c) The amendment made by this section shall take effect as 
if included in the enactment of the Emergency Supplemental Act, 
2002. 
SEC. 904. Nothing in section 1535 of title 31, U.S.C. (commonly 
referred to as the "Economy Act"), or any other provision of such 
title may be construed to prevent or restrict the Chief Administra-
tive Officer of the House of Representatives from placing orders 
under such section during any fiscal year in the same manner 
and to the same extent as the head of any other major organiza-
tional unit with an agency may place orders under such section 
during a fiscal year. 
PUBLIC LAW 107-206—AUG. 2, 2002 
116 STAT. 877 
SEC. 905. (a) The Architect of the Capitol is authorized, subject 
40 USC I66k. 
to the availabiUty of appropriations, to acquire (through purchase, 
lease, or otherwise) buildings and facilities for use as computer 
backup facilities (and related uses) for offices in the legislative 
branch. 
(b) The acquisition of a building or facility under subsection 
(a) shall be subject to the approval of— 
(1) the House Office Building Commission, in the case 
of a building or facility acquired for the use of an office of 
the House of Representatives; 
(2) the Committee on Rules and Administration of the 
Senate, in the case of a building or facility acquired for the 
use of an office of the Senate; or 
(3) the House Office Building Commission in the case of 
a building or facility acquired for the use of any other office 
in the legislative branch as part of a joint facility with (1) 
above, or the Committee on Rules and Administration of the 
Senate, in the case of a building or facility acquired for the 
use of any other office in the legislative branch as part of 
a joint facility with (2) above. 
(c) Any building or facility acquired by the Architect of the 
Capitol pursuant to subsection (a) shall be a part of the United 
States Capitol Grounds and shall be subject to the provisions of 
the Act entitled "An Act to define the area of the United States 
Capitol Grounds, to regulate the use thereof, and for other pur-
poses", approved July 31, 1946. 
(d) This section shall apply with respect to fiscal year 2002 Applicability. 
and each succeeding fiscal year. 
SEC. 906. (a) There is hereby established in the Treasury of 40 USC 166/. 
the United States an account for the Architect of the Capitol to 
be known as "Capitol Police Buildings and Grounds" (hereinafter 
in this section referred to as the "account"). 
(b) Funds in the account shall be used by the Architect of 
the Capitol for all necessary expenses for the maintenance, care, 
and operation of buildings and grounds of the United States Capitol 
Police. 
(c) This section shall apply with respect to fiscal year 2002 Applicability, 
and each succeeding fiscal year. Any amounts provided to the 
Architect of the Capitol prior to the date of the enactment of 
this Act for the maintenance, care, and operation of buildings of 
the United States Capitol Police during fiscal year 2002 shall be 
transferred to the account. 
SEC. 907. (a) Subject to the approval of the House Office 
40 USC 166m. 
Building Commission and the Senate Committee on Rules and 
Administration, the Architect of the Capitol is authorized to acquire 
(through purchase, lease, transfer from another Federal entity, 
or otherwise) real property, subject to the availability of appropria-
tions and upon approval of an obligation plan by the Committees 
on Appropriations of the House and Senate, for the use of the 
United States Capitol Police. 
(b) Any real property acquired by the Architect of the Capitol 
pursuant to subsection (a) shall be a part of the United States 
Capitol Grounds and shall be subject to the provisions of the Act 
entitled "An Act to define the area of the United States Capitol 
Grounds, to regulate the use thereof, and for other purposes", 
approved July 31, 1946. 
116 STAT. 878 
PUBLIC LAW 107-206—AUG. 2, 2002 
(c) This section shall apply with respect to fiscal year 2002 
and each succeeding fiscal year. 
CHAPTER 10 
DEPARTMENT OF DEFENSE 
MILITARY CONSTRUCTION 
MILITARY CONSTRUCTION, AIR FORCE 
For an additional amount for "Military Construction, Air Force", 
$7,250,000, to remain available until September 30, 2006: Provided, 
That the entire amount is designated by the Congress as an 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: Provided further. That notwithstanding any other provi-
sion of law, such funds may be obligated or expended to carry 
out planning and design and military construction projects not 
otherwise authorized by law. 
MILITARY CONSTRUCTION, DEFENSE-WIDE 
(INCLUDING TRANSFER OF FUNDS) 
For an additional amount for "Military Construction, Defense-
wide", $21,500,000, to remain available until September 30, 2006: 
Provided, That the entire amount is designated by the Congress 
as an emergency requirement pursuant to section 251(b)(2)(A) of 
the Balanced Budget and Emergency Deficit Control Act of 1985, 
as amended: Provided further, That the entire amount shall be 
available only to the extent an official budget request that includes 
designation of the entire amount of the request as an emergency 
requirement as defined in the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended, is transmitted by the 
President to the Congress: Provided further. That notwithstanding 
any other provision of law, such funds may be obligated or expended 
to carry out planning and design and military construction projects 
not otherwise authorized by law. 
GENERAL PROVISION—THIS CHAPTER 
SEC. 
1001. 
(a) 
AVAILABILITY OF AMOUNTS FOR MILITARY 
CONSTRUCTION RELATING TO TERRORISM.—Amounts made available 
to the Department of Defense from funds appropriated in this 
Act may be used to carry out military construction projects, not 
otherwise authorized by law, that the Secretary of Defense deter-
mines are necessary to respond to or protect against acts or threat-
ened acts of terrorism. 
Deadline. 
(b) NOTICE TO CONGRESS.—^Not later than 15 days before obli-
gating amounts available under subsection (a) for military construc-
tion projects referred to in that subsection, the Secretary shall 
notify the appropriate committees of Congress of the following: 
PUBLIC LAW 107-206—AUG. 2, 2002 
116 STAT. 879 
(1) the determination to use such amounts for the project; 
and 
(2) the estimated cost of the project and the accompanying 
Form 1391. 
(c) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this 
section the term "appropriate committees of Congress" has the 
meaning given that term in section 2801(4) of title 10, United 
States Code. 
CHAPTER 11 
DEPARTMENT OF TRANSPORTATION 
OFFICE OF THE SECRETARY 
TRANSPORTATION ADMINISTRATIVE SERVICE CENTER 
(LIMITATION ON OBLIGATIONS) 
Under this heading in PubHc Law 107-87, as amended by 
section 1106 of PubUc Law 107-117, delete "$116,023,000" and 115 Stat. 2332. 
insert "$128,123,000". 
TRANSPORTATION SECURITY ADMINISTRATION 
(INCLUDING TRANSFER OF FUNDS) 
For additional amounts for emergency expenses to ensure 
transportation security, $3,850,200,000, to remain available until 
expended: Provided, That the entire amount is designated by the 
Congress as an emergency requirement pursuant to section 
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended: Provided further, That of the amounts 
provided under this head, $1,030,000,000 shall, immediately upon 
enactment of this Act, be transferred to Federal Emergency Manage-
ment Agency "Disaster Relief for emergency expenses to respond 
to the September 11, 2001 terrorist attack on the United States: 
Provided further. That the entire amount is designated by the 
Congress as an emergency requirement pursuant to section 
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended: Provided further. That of such amount, 
$480,200,000 shall be available only to the extent an official budget 
request for a specific dollar amount that includes designation of 
the entire amount of the request as an emergency requirement 
as defined in such Act is transmitted by the President to the 
Congress: Provided further. That of the total amount provided 
herein, the following amounts are available for obligation only for 
the specific purposes below: 
(1) Physical modification of commercial service airports 
for the purpose of installing checked baggage explosive detection 
systems, 
including 
explosive 
trace 
detection 
systems, 
$738,000,000; 
(2) 
Port 
security 
activities, 
$125,000,000, of which 
$105,000,000 shall be distributed under the same terms and 
conditions as provided for under Public Law 107-117 and of 
which $20,000,000 shall be used for developing and conducting 
port incident training and exercises; 
99-194 O - 03 - 4 : QL 3 Part 2 
116 STAT. 880 
PUBLIC LAW 107-206—AUG. 2, 2002 
(3) Grants and contracts to enhance security for intercity 
bus operations, $15,000,000; 
(4) Grants, contracts and interagency agreements for the 
purpose of deploying Operation Safe Commerce, $28,000,000; 
(5) Procurement of air-ground communications systems and 
devices for the Federal air marshal program, $15,000,000; 
(6) Grants and contracts for radiation detection system 
test and evaluation, $4,000,000; 
(7) Grants to airport authorities for pilot projects to improve 
airport terminal security, $17,000,000; 
(8) Grants and contracts for security research, development, 
and pilot projects, $10,000,000; and 
(9) Replacement of magnetometers at airport passenger 
screening locations in commercial service airports, $23,000,000: 
Provided further, That none of the funds in this Act shall be 
used to recruit or hire personnel into the Transportation Security 
Administration which would cause the agency to exceed a staffing 
level of 45,000 full-time permanent positions. 
UNITED STATES COAST GUARD 
OPERATING EXPENSES 
For an additional amount for "Operating Expenses" for emer-
gency expenses for homeland 
security and other 
purposes, 
$200,000,000, 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 of such amount, $11,000,000 shall 
be available only to the extent an official budget request that 
includes designation of the $11,000,000 as an emergency require-
ment as defined in such Act is transmitted by the President to 
the Congress. 
ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS 
For an additional amount for "Acquisition, Construction, and 
Improvements" for emergency expenses for homeland security and 
other purposes, $328,000,000, to remain available until September 
30, 2004, of which $38,100,000 shall be available to acquire, repair, 
renovate or improve vessels, small boats and related equipment; 
$200,000,000 shall be available to acquire new aircraft and increase 
aviation capability; $27,729,000 shall be available for other equip-
ment; and $62,171,000 shall be for shore facilities and aids to 
navigation facilities: Provided, That the entire amount is designated 
by the Congress as an emergency requirement pursuant to section 
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended: Provided further. That of such amount, 
$262,000,000 shall be available only to the extent an official budget 
request that includes designation of the $262,000,000 as an emer-
gency requirement as defined in such Act is transmitted by the 
President to the Congress. 
PUBLIC LAW 107-206—AUG. 2, 2002 
116 STAT. 881 
FEDERAL AVIATION ADMINISTRATION 
OPERATIONS 
(INCLUDING TRANSFER OF FUNDS) 
For an additional amount for "Operations", $42,000,000, for 
security activities at Federal Aviation Administration facilities: 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: Provided further, That an additional 
$33,000,000 may be derived by transfer from "Facilities and Equip-
ment (Airport and Airway Trust Fund)". 
FACILITIES AND EQUIPMENT 
(AIRPORT AND AIRWAY TRUST FUND) 
For an additional amount for "Facilities and Equipment", 
$7,500,000, to be derived from the Airport and Airway Trust Fund 
and to remain available until expended: Provided, That the entire 
amount is designated by the Congress as an emergency requirement 
pursuant to section 251(b)(2)(A) of the Balanced Budget and 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. 
GRANTS-IN-AID FOR AIRPORTS 
(AIRPORT AND AIRWAY TRUST FUND) 
For an additional amount to enable the Federal Aviation 
Administrator to compensate airports for the direct costs associated 
with new, additional, or revised security requirements imposed 
on airport operators by the Administrator on or after September 
11, 2001, notwithstanding any other provision of law, $150,000,000, 
to be derived from the Airport and Airway Trust Fund and to 
remain available until expended: Provided, That the entire amount 
is designated by the Congress as an emergency requirement pursu-
ant to section 251(b)(2)(A) of the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended: Provided further. That 
the entire amount shall be available only to the extent an official 
budget request that includes designation of the entire amount of 
the request as an emergency requirement as defined in the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended, 
is transmitted by the President to the Congress. 
116 STAT. 882 
PUBLIC LAW 107-206—AUG. 2, 2002 
FEDERAL HIGHWAY ADMINISTRATION 
FEDERAL-AID HIGHWAYS 
EMERGENCY RELIEF PROGRAM 
(HIGHWAY TRUST FUND) 
For an additional amount for "Emergency Relief Program", 
as authorized by 23 U.S.C. 125, for emergency expenses to respond 
to the September 11, 2001, terrorist attacks on New York City, 
$167,000,000 for the State of New York, to be derived from the 
Highway Trust Fund and to remain available until expended: Pro-
vided, That notwithstanding 23 U.S.C. 120(e), the Federal share 
for any project on a Federal-aid highway related to the New York 
City terrorist attacks shall be 100 percent: Provided further. That 
notwithstanding 23 U.S.C. 125(d)(1), the Secretary of Transpor-
tation may obligate more than $100,000,000 for those projects: 
Provided further. That the entire amount is designated by the 
Congress as an emergency requirement pursuant to section 
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended. 
FEDERAL-AID HIGHWAYS 
(HIGHWAY TRUST FUND) 
(RESCISSION) 
Of the funds apportioned to each state under the programs 
authorized 
under 
sections 
1101(a)(1), 
1101(a)(2), 
1101(a)(3), 
1101(a)(4) and 1101(a)(5) of Public Law 105-178, as amended, 
$320,000,000 are rescinded. 
FEDERAL-AID HIGHWAYS 
EMERGENCY RELIEF PROGRAM 
(HIGHWAY TRUST FUND) 
For an additional amount for the "Emergency Relief Program", 
as authorized by section 125 of title 23, United States Code, 
$98,000,000, to be derived from the Highway Trust Fund and to 
remain available until expended: Provided, That the entire amount 
is designated by the Congress as an emergency requirement pursu-
ant to section 251(b)(2)(A) of the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended: Provided further, That 
the entire amount shall be available only to the extent that an 
official budget request, that includes designation of the entire 
amount of the request as an emergency requirement as defined 
in the Balanced Budget and Emergency Deficit Control Act of 
1985, as amended, is transmitted by the President to the Congress. 
FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION 
BORDER E N F O R C E M E N T PROGRAM 
(HIGHWAY TRUST FUND) 
For necessary expenses of the Border Enforcement Program 
to respond to the September 11, 2001, terrorist attacks on the 
PUBLIC LAW 107-206—AUG. 2, 2002 
116 STAT. 883 
United States, $19,300,000, to be derived from the Highway Trust 
Fund, of which $4,200,000 shall be to implement section 1012 
of PubHc Law 107-56 (USA Patriot Act); $10,000,000 shall be 
for drivers' license fraud detection and prevention, the northern 
border safety and security study, and hazardous material security 
education and outreach; and $5,100,000 shall be for the purposes 
of coordinating drivers' license registration and social security 
number verification: Provided, 
That in connection with such 
commercial drivers' license fraud deterrence projects, the Secretary 
may enter into such contracts or grants with the American Associa-
tion of Motor Vehicle Administrators, States, or other persons as 
the Secretary may so designate to carry out these purposes: Pro-
vided further, That the entire amount is designated by the Congress 
as an emergency requirement pursuant to section 251(b)(2)(A) of 
the Balanced Budget and Emergency Deficit Control Act of 1985, 
as amended. 
HAZARDOUS MATERIALS SECURITY 
(HIGHWAY TRUST FUND) 
For necessary expenses to implement the hazardous materials 
safety permit program pursuant to 49 U.S.C. 5109, $5,000,000, 
to be derived from the Highway Trust Fund and to remain available 
until expended: Provided, That the entire amount is designated 
by the Congress as an emergency requirement pursuant to section 
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended: Provided further. That the entire amount 
shall be available only to the extent an official budget request 
that includes designation of the entire amount of the request as 
an emergency requirement as defined in such Act is transmitted 
by the President to the Congress. 
FEDERAL RAILROAD ADMINISTRATION 
GRANTS TO THE NATIONAL RAILROAD PASSENGER CORPORATION 
For an additional amount for the National Railroad Passenger 
Corporation for expenses to ensure the continuation of rail pas-
senger operations, $205,000,000. 
FEDERAL TRANSIT ADMINISTRATION 
CAPITAL INVESTMENT GRANTS 
For an additional amount for "Capital Investment Grants" for 
emergency expenses to respond to the September 11, 2001, terrorist 
attacks in New York City, $1,800,000,000, to remain available 
until expended to replace, rebuild, or enhance the public transpor-
tation systems serving the Borough of Manhattan, New York City, 
New York: Provided, That the Secretary may use up to 1 percent 
of this amount for oversight activities: Provided further. That these 
funds are subject to grant requirements as determined by the 
Secretary to ensure that eligible projects will improve substantially 
the mobility of commuters in Lower Manhattan: Provided 
further. 
That the Federal share for any project funded from this amount 
shall be 100 percent: Provided further, That these funds are in 
addition to any other appropriation available for these purposes: 
Provided further. That the entire amount is designated by the 
116 STAT. 884 
PUBLIC LAW 107-206—AUG. 2, 2002 
Congress as an emergency requirement pursuant to section 
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended. 
GENERAL PROVISIONS—THIS CHAPTER 
SEC. 1101. Notwithstanding any other provision of law, projects 
and activities designated on pages 82 through 92 of House Report 
107-308 shall be eligible for fiscal year 2002 funds made available 
for the program for which each project or activity is so designated 
and projects and activities on pages 116 and 117 shall be awarded 
those grants upon receipt of an application. 
115 Stat. 861. 
SEC. 1102. Section 335 of Public Law 107-87 is amended by 
inserting "and the Transportation Security Administration" after 
"the Federal Aviation Administration"; by inserting ", aviation secu-
rity after "air navigation", and by inserting "and the TSA for 
necessary security checkpoints" after the word "facilities". 
16 use 1851 
SEC. 1103. Title II of Division C of PubHc Law 105-277 is 
note; 46 USC 
amended by striking "of more than 750 gross registered tons" in 
^^^^1^74 ^ ^ 
each place it appears, and inserting in lieu thereof, "of more than 
^^^' 
' 
750 gross registered tons (as measured under chapter 145 of title 
46) or 1,900 gross registered tons as measured under chapter 143 
of that title)". 
SEC. 1104. Section 354 of Public Law 106-346 (114 Stat. 1356A-
35) is amended by inserting "or Nail Road" after "Star Landing 
Road". 
SEC. 1105. Notwithstanding any other provision of law, 
$2,750,000 of amounts made available for "Intelligent Transpor-
tation Systems" in Public Law 107-87 and Public Law 106-346 
shall be made available for activities authorized under section 5118 
ofPublic Law 105-178. 
CHAPTER 12 
DEPARTMENT OF THE TREASURY 
FEDERAL LAW ENFORCEMENT TRAINING CENTER 
SALARIES AND EXPENSES 
For an additional amount for "Salaries and Expenses" for 
expenses of expanded law enforcement training workload resulting 
from the September 11, 2001 terrorist attacks against the United 
States, $15,870,000, to remain available until September 30, 2003: 
Provided, That the entire amount is designated by the Congress 
as an emergency requirement pursuant to section 251(b)(2)(A) of 
the Balanced Budget and Emergency Deficit Control Act of 1985, 
as amended: Provided further, That the entire amount shall be 
available only to the extent that an official budget request, that 
includes designation of the entire amount of the request as an 
emergency requirement as defined in the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended, is transmitted 
by the President to the Congress. 
PUBLIC LAW 107-206—AUG. 2, 2002 
116 STAT. 885 
FINANCIAL MANAGEMENT SERVICE 
SALARIES AND EXPENSES 
(RESCISSION) 
Of the unobligated balance as of June 30, 2002, of the funds 
made available for "FinancisJ Management Service, Salaries and 
Expenses" in chapter 10 of title II of Public Law 107-20, 
$14,000,000 are rescinded. 
UNITED STATES CUSTOMS SERVICE 
SALARIES AND EXPENSES 
For an additional amount for "Salaries and Expenses", 
$39,000,000, to remain available until expended: Provided, That 
the entire amount is designated by the Congress as an emergency 
requirement pursuant to section 251(b)(2)(A) of the Balanced Budget 
and Emergency Deficit Control Act of 1985, as amended: Provided 
further, That the entire amount shall be available only to the 
extent an official budget request that includes designation of the 
entire amount of the request as an emergency requirement as 
defined in the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended, is transmitted by the President to the 
Congress. 
INTERNAL REVENUE SERVICE 
INFORMATION SYSTEMS 
(RESCISSION) 
Of the available balances under this heading, $10,000,000 are 
rescinded. 
BUSINESS SYSTEMS MODERNIZATION 
For an additional amount for "Internal Revenue Service, Busi-
ness Systems Modernization", $14,000,000, to remain available until 
September 30, 2003. Such additional amount may not be obligated 
until the Internal Revenue Service submits to the Committees 
on Appropriations, and such Committees approve, a plan for the 
expenditure of such additional amount that complies with the 
requirements as specified in clauses (1) through (6) under such 
heading in Public Law 107-67. 
UNITED STATES SECRET SERVICE 
SALARIES AND EXPENSES 
For an additional amount for "Salaries and Expenses" for 
expenses related to the September 11, 2001 terrorist attacks against 
the United States, $28,530,000, to remain available until September 
30, 2003: Provided, That the entire amount is designated by the 
Congress as an emergency requirement pursuant to section 
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended: Provided further, That the entire amount 
shall be available only to the extent that an official budget request, 
that includes designation of the entire amount of the request as 
116 STAT. 886 
PUBLIC LAW 107-206—AUG. 2, 2002 
an emergency requirement as defined in the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended, is transmitted 
by the President to the Congress. 
POSTAL SERVICE 
PAYMENT TO THE POSTAL SERVICE FUND 
For an additional amount for "Pa3Tnent to the Postal Service 
Fund" for emergency expenses to enable the Postal Service to pro-
tect postal employees and postal customers from exposure to biohaz-
ardous material and to sanitize and screen the mail, $87,000,000, 
to remain available until expended: Provided, That the entire 
amount is designated by the Congress as an emergency requirement 
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985, as amended. 
EXECUTIVE 
OFFICE 
OF 
THE 
PRESIDENT 
AND 
FUNDS 
APPROPRIATED 
TO 
THE 
PRESIDENT 
OFFICE OF ADMINISTRATION 
SALARIES AND EXPENSES 
For an additional amount for "Salaries and Expenses", 
$3,800,000, to remain available until expended: Provided, 
That 
the entire amount is designated by the Congress as an emergency 
requirement pursuant to section 251(b)(2)(A) of the Balanced Budget 
and Emergency Deficit Control Act of 1985, as amended. 
OFFICE OF MANAGEMENT AND BUDGET 
SALARIES AND EXPENSES 
(RESCISSION) 
Of the funds made available under this heading in Public 
Law 107-67, $100,000 are rescinded. 
ELECTION ADMINISTRATION REFORM AND RELATED EXPENSES 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses for the implementation of an Act 
authorizing funds for the improvement of election administration 
and related expenses, $400,000,000, to remain available until 
expended: Provided, That such amounts shall not be available for 
obligation until the enactment of such Act: Provided further, That 
upon enactment of such Act, the Director of the Office of Manage-
ment and Budget shall transfer such amounts to the Federal entities 
authorized by such Act to expend funds for the designated purposes: 
Deadline. 
Provided further, 
That, within 15 days of such transfers, the 
Notification. 
Director of the Office of Management and Budget shall notify Con-
gress of the amounts transferred to each authorized Federal entity: 
Provided further. That the entities to which the amounts are trans-
ferred shall use the amounts to carry out the applicable provisions 
of such Act: Provided further. That the transfer authority provided 
in this paragraph shall be in addition to any other transfer authority 
provided in this or any other Act: Provided further. That the entire 
PUBLIC LAW 107-206—AUG. 2, 2002 
116 STAT. 887 
amount is designated by the Congress as an emergency requirement 
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985, as amended: Provided 
further, 
That the entire amount shall be available only to the extent that 
an official budget request, that includes designation of the entire 
amount of the request as an emergency requirement as defined 
in the Balanced Budget and Emergency Deficit Control Act of 
1985, as amended, is transmitted by the President to the Congress. 
INDEPENDENT AGENCIES 
FEDERAL ELECTION COMMISSION 
SALARIES AND EXPENSES 
For an additional amount for "Salaries and Expenses", $750,000 
for unanticipated costs associated with implementing the Bipartisan 
Campaign Reform Act. 
GENERAL SERVICES ADMINISTRATION 
REAL PROPERTY ACTIVITIES 
FEDERAL BUILDINGS FUND 
For an additional amount for "Federal Buildings Fund" for 
building security emergency expenses resulting from the September 
11, 2001, terrorist attacks on the United States, $21,800,000: 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. 
GENERAL PROVISIONS—THIS CHAPTER 
SEC. 1201. None of the funds appropriated in this or any 
other Act may be used to transfer the functions, missions, or activi-
ties of the United States Customs Service to the Department of 
Justice. 
SEC. 1202. (a) The Federal Law Enforcement Training Center Deadline, 
may, for a period ending not later than 5 years after the date 42USC3771 
of the enactment of this Act, appoint and maintain a cadre of ^
°
*
®
-
up to 250 Federal annuitants: (1) without regard to any provision 
of title 5, United States Code, which might otherwise require the 
application of competitive hiring procedures; and (2) who shall 
not be subject to any reduction in pay (for annuity allocable to 
the period of actual emplojonent) under the provisions of section 
8344 or 8468 of such title 5 or similar provision of any other 
retirement system for employees. A reemployed Federal annuitant 
as to whom a waiver of reduction under paragraph (2) applies 
shall not, for any period during which such waiver is in effect, 
be considered an employee for purposes of subchapter III of chapter 
83 or chapter 84 of title 5, United States Code, or such other 
retirement system (referred to in paragraph (2)) as may apply. 
(b) No appointment under this section may be made which 
would result in the displacement of £iny employee. 
(c) For purposes of this section— 
(1) the term "Federal annuitant" means an employee who 
has retired under the Civil Service Retirement System, the 
116 STAT. 888 
PUBLIC LAW 107-206—AUG. 2, 2002 
Federal Employees' Retirement System, or any other retirement 
system for employees; 
(2) the term "employee" has the meaning given such term 
by section 2105 of such title 5; and 
(3) the counting of Federal annuitants shall be done on 
a full time equivalent basis. 
20 use 5207. 
SEC. 1203. Notwithstanding any other provision of law, here-
after, for purposes of section 201(a) of the Federal Property and 
Administrative Services Act of 1949 (relating to Federal sources 
of supply, including lodging providers, airlines and other transpor-
tation providers), the Eisenhower Exchange Fellowship Program 
shall be deemed an executive agency for the purposes of carrying 
out the provisions of 20 U.S.C. 5201, and the employees of and 
participants in the Eisenhower Exchange Fellowship Program shall 
be eligible to have access to such sources of supply on the same 
basis as employees of an executive agency have such access. 
CHAPTER 13 
DEPARTMENT 
OF 
VETERANS 
AFFAIRS 
VETERANS BENEFITS ADMINISTRATION 
COMPENSATION AND PENSIONS 
For an additional amount for "Compensation and pensions", 
$1,100,000,000, to remain available until expended. 
VETERANS HEALTH ADMINISTRATION 
MEDICAL CARE 
For an additional amount for "Medical care", $417,000,000, 
to remain available until September 30, 2003: Provided, That the 
funds provided herein be allocated using the VERA methodology: 
38 use 1729 
Provided further. That for the purposes of enabling the collection 
note. 
from third-party insurance carriers for non-service related medical 
care of veterans, all Department of Veterans Affairs healthcare 
facilities are hereby certified as Medicare and Medicaid providers 
and the Centers for Medicare and Medicaid Services within the 
Department of Health and Human Services shall issue each Depart-
ment of Veterans Affairs healthcare facility a provider number 
as soon as practicable after the date of enactment of this Act: 
Provided further. That nothing in the preceding proviso shall be 
construed to enable the Department of Veterans Affairs to bill 
Medicare or Medicaid for any medical services provided by the 
Veterans Health Administration or to require the Centers for Medi-
care and Medicaid Services to pay for any medical services provided 
by the Department of Veterans Affairs: Provided further. 
That 
$275,000,000 is designated by the Congress as an emergency 
requirement pursuant to section 251(b)(2)(A) of the Balanced Budget 
and Emergency Deficit Control Act of 1985, as amended: Provided 
further. That $275,000,000 shall be available only to the extent 
that an official budget request, that includes designation of the 
entire amount of the request as an emergency requirement as 
defined in the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended, is transmitted by the President to the 
Congress. 
PUBLIC LAW 107-206—AUG. 2, 2002 
116 STAT. 889 
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 
PUBLIC AND INDIAN HOUSING 
HOUSING CERTIFICATE FUND 
(RESCISSION) 
Of the unobligated balances remaining from funds appropriated 
to the Department of Housing and Urban Development under this 
heading or the heading "Annual contributions for assisted housing" 
or any other heading for fiscal year 2002 and prior years, 
$388,500,000 is hereby rescinded: Provided, That this rescission 
shall apply first to such unobligated balances under this heading 
or the heading "Annual contributions for assisted housing": Provided 
further. That any unobligated balances governed by reallocation 
provisions under the statute authorizing the program for which 
the funds were originally appropriated may be available for this 
rescission subject to the first proviso. 
COMMUNITY PLANNING AND DEVELOPMENT 
COMMUNITY DEVELOPMENT FUND 
For an additional amount for the "Community development 
fund" for emergency expenses to respond to the September 11, 
2001, terrorist attacks on the United States, $783,000,000, to 
remain available until expended: Provided, That the State of New 
York, in cooperation with the City of New York, shall, through 
the Lower Manhattan Development Corporation, distribute these 
funds: Provided further. That such funds may be used for assistance 
for properties and businesses (including the restoration of utility 
infrastructure) damaged by, and for economic revitalization directly 
related to, the terrorist attacks on the United States that occurred 
on September 11, 2001, in New York City and for reimbursement 
to the State and City of New York for expenditures incurred from 
the regular Community Development Block Grant formula alloca-
tion used to achieve these same purposes: Provided further. That 
the State of New York is authorized to provide such assistance 
to the City of New York: Provided further. That in administering 
these funds and funds under section 108 of title I of the Housing 
and Community Development Act of 1974, as amended, used for 
economic revitalization activities in New York City, the Secretary 
may waive, or specify alternative requirements for, any provision 
of any statute or regulation that the Secretary administers in 
connection with the obligation by the Secretary or the use by 
the recipient of these funds or guarantees (except for requirements 
related to fair housing, nondiscrimination, labor standards, and 
the environment), upon a finding that such waiver is required 
to facilitate the use of such funds or guarantees: Provided 
further. 
That such funds shall not adversely affect the amount of any 
formula assistance received by the State of New York, New York 
City, or any categorical application for other Federal assistance: 
Provided further. That the Secretary shall publish in the Federal Federal Register, 
Register any waiver of any statute or regulation that the Secretary publication, 
administers pursuant to title I of the Housing and Community lJ6^°"^e-
Development Act of 1974, as amended, no later than 5 days before 
116 STAT. 890 
PUBLIC LAW 107-206—AUG. 2, 2002 
Notification. 
Deadline. 
the effective date of such waiver: Provided further, That the Sec-
retary shall notify the Committees on Appropriations on the pro-
posed allocation of any funds and any related waivers pursuant 
to this section no later than 5 days before such allocation: Provided 
further, That the entire amount is designated by the Congress 
as an emergency requirement pursuant to section 251(b)(2)(A) of 
the Balanced Budget and Emergency Deficit Control Act of 1985, 
as amended. 
The referenced statement of the managers under the heading 
"Community development block grants" in title II of Public Law 
105-276 is deemed to be amended by striking "$250,000 for renova-
tion, accessibility, and asbestos remediation for the Wellstone 
Neighborhood Center, Wellstone, Missouri" and insert in lieu 
thereof "$250,000 for the St. Louis Economic Council for design, 
infrastructure and construction related to the Enterprise Center-
Wellstone in Wellstone, Missouri". 
The referenced statement of the managers under the heading 
"Community development fund" in title II of Public Law 106-
377 is deemed to be amended by striking "$2,000,000 is for the 
Louisville 
Community Development 
Bank for the 
Louisville 
Neighborhood Initiative" and inserting "$2,000,000 for neighborhood 
revitalization activities in Louisville, Kentucky, as follows: $170,000 
to the Christian Church Homes of Kentucky for facility upgrades 
at Chapel House, $500,000 to the Louisville Medical Center 
Development Corporation for expansion of a research park, $400,000 
to the Louisville Science Center for construction of a permanent 
exhibition, $150,000 to the New Zion Community Development 
Foundation for renovation of a facility, $400,000 to the Presbyterian 
Community Center for construction of a facility, $180,000 to the 
St. Stephen Family Life Center for renovation of a facility, and 
$200,000 to the United Crescent Hill Ministries for renovation 
of a facility. 
The referenced statement of the managers under the heading 
"Community development fund" in title II of Public Law 106-
377 is deemed to be amended by striking "$1,000,000 for the 
Community Action Agency of Southern New Mexico, Inc. for 
construction of a regional food bank and supporting offices" and 
insert in lieu thereof "$1,000,000 for the Community Action Agency 
of Southern New Mexico for construction, purchase, or renovation 
and the equipping of a regional food bank and supporting offices". 
The referenced statement of the managers under the heading 
"Community development fund" in title II of Public Law 107-
73 is deemed to be amended by striking "$400,000 to the City 
of Reading, Pennsylvania for the development of the Morgantown 
Road Industrial Park on what is currently a brownfields site" and 
insert in lieu thereof "$400,000 for the City of Reading, Pennsyl-
vania for the development of the American Chain and Cable 
brownfield site". 
The referenced statement of the managers under the heading 
"Community development fund" in title II of Public Law 107-
73 is deemed to be amended by striking "$750,000 for the Smart 
Start Child Care Center and Expertise School of Las Vegas, Nevada 
for construction of a child care facility and insert in lieu thereof 
"$250,000 for the Smart Start Child Care Center of Las Vegas, 
Nevada for construction of a child care facility and $500,000 for 
Expertise, Inc. of Las Vegas, Nevada for job training". 
PUBLIC LAW 107-206—AUG. 2, 2002 
116 STAT. 891 
The referenced statement of the managers under the heading 
"Community development fund" in title II of Public Law 107-
73 is deemed to be amended by striking "$3,000,000 for the 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 CathoUc 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 
116 STAT. 892 
PUBLIC LAW 107-206—AUG. 2, 2002 
"$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 Pl5niiouth 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 Downpajonent 
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-l) 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-l) 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 
PUBLIC LAW 107-206—AUG. 2, 2002 
116 STAT. 893 
designation of the entire amount of the request as an emergency 
requirement as defined in the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended, is transmitted by the 
President to the Congress. 
AGENCY FOR TOXIC SUBSTANCES AND DISEASE REGISTRY 
TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC HEALTH 
For an additional amount for 'Toxic substances and 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 
116 STAT. 894 
PUBLIC LAW 107-206—AUG. 2, 2002 
County Wastewater Infrastructure Project ($500,000), City of 
Owenton Water Collection and Treatment System Improvements 
and 
Freshwater 
Intake 
Project 
($400,000), 
Grant 
County 
Williamstown Lake Expansion Project ($50,000), and Pendleton 
County Williamstown Lake Expansion Project ($50,000)". 
The referenced statement of the managers under this heading 
in Public Law 107-73 is deemed to be amended by striking 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. 
PUBLIC LAW 107-206—AUG. 2, 2002 
116 STAT. 895 
DISASTER ASSISTANCE FOR UNMET NEEDS 
For an additional amount for "Disaster assistance for unmet 
needs", $23,200,000, to remain available until September 30, 2004, 
for use by the Director of the Federal Emergency Management 
Agency (Director) only for disaster relief, long-term recovery, and 
mitigation in communities affected by Presidentially-declared 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 em.er-
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. 
Notice. 
Federal Register, 
publication. 
Records. 
Reports. 
116 STAT. 896 
PUBLIC LAW 107-206—AUG. 2, 2002 
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 
S E C 1301. Notwithstanding the first paragraph of the item 
in title II of Public Law 107-73 relating to "Federal housing 
administration, Mutual mortgage insurance program account", 
during fiscal year 2002, commitments to guarantee loans to carry 
out the purposes of section 203(b) of the National Housing Act 
shall not exceed a loan principal of $165,000,000,000. 
PUBLIC LAW 107-206—AUG. 2, 2002 
116 STAT. 897 
12 use 1710 
note. 
Contracts. 
Regulations. 
Deadline. 
SEC. 1302. Notwithstanding the first paragraph of the item 
in title II of PubHc Law 107-73 related to "Federal housing adminis-
tration, Greneral 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 Reports 
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, 
Deadline. 
Effective date. 
116 STAT. 898 
PUBLIC LAW 107-206—AUG. 2, 2002 
Effective date. 
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-la) and section 250 of the National Housing 
Act(12U.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 
Deadline. 
Records. 
• 
(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 
PUBLIC LAW 107-206—AUG. 2, 2002 
116 STAT. 899 
methodology used to identify the offices, accounts, and amounts 
to be reduced. 
SEC. 1404. Any amount appropriated in this Act for which 
availability is made contingent by a provision of this Act on 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 
American 
Servicemembers' 
Protection Act of 
2002. 
SEC. 2001. SHORT TITLE. 
22 USC 7401 
This title may be cited as the "American Servicemembers' 
Protection Act of 2002". 
SEC. 2002. FINDINGS. 
22 USC 7421. 
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 
116 STAT. 900 
PUBLIC LAW 107-206—AUG. 2, 2002 
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 
r- 
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. 
PUBLIC LAW 107-206—AUG. 2, 2002 
116 STAT. 901 
SEC. 2003. WAIVER AND TERMINATION OF PROfflBITIONS OF THIS 22USC7422. 
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 Griminal 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 
116 STAT. 902 
PUBLIC LAW 107-206—AUG. 2, 2002 
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 officisil 
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. 
22 use 7423. 
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 
PUBLIC LAW 107-206—AUG. 2, 2002 
116 STAT. 903 
agency or entity of any State or local government, including any 
court, may cooperate with the International Criminal Court in 
response to a request for cooperation submitted by the International 
Criminal Court pursuant to the Rome Statute. 
(c) PROHIBITION ON TRANSMITTAL OF LETTERS ROGATORY FROM 
THE INTERNATIONAL 
CRIMINAL COURT.—^Notwithstanding section 
1781 of title 28, United States Code, or any other provision of 
law, no agency of the United States Government may transmit 
for execution any letter rogatory issued, or other request for 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- 
22 USC 7424. 
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 
116 STAT. 904 
PUBLIC LAW 107-206—AUG. 2, 2002 
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 Aimed 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, 
22 use 7425. 
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 
PUBLIC LAW 107-206—AUG. 2, 2002 
116 STAT. 905 
party to the International Criminal Court of classified national 
security information and law enforcement information that 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 
22 USC 7426. 
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 
22 USC 7427. 
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 
116 STAT. 906 
PUBLIC LAW 107-206—AUG. 2, 2002 
or a covered allied person, and in the case of a covered allied 
person, upon the request of such government. 
(c) AUTHORIZATION OF LEGAL ASSISTANCE.—^When any person 
described in subsection (b) is arrested, detained, investigated, 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 pajnnent of bribes or the provision 
of other such incentives to induce the release of a person described 
in subsection (b). 
22 use 7428. 
SEC. 2009. ALLIANCE COMMAND ARRANGEMENTS. 
Deadline. 
(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 
Deadline. 
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. 
22 use 7429. 
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 
PUBLIC LAW 107-206—AUG. 2, 2002 
116 STAT. 907 
Deadline. 
Notification. 
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 
22USC7430. 
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.— 
President. 
(1) IN GENERAL.—Subject to paragraph (2), not later than Deadline. 
15 days after the President takes or directs an action or actions 
Notification. 
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. 
22 USC 7431. 
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. 
22 USC 7432. 
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 
116 STAT. 908 
PUBLIC LAW 107-206—AUG. 2, 2002 
on International Relations of the House of Representatives 
and the Committee on Foreign Relations of the Senate. 
(2) 
CLASSIFIED NATIONAL SECURITY INFORMATION.—^The 
term "classified national security information" means 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 
V
I
I 
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. 
PUBLIC LAW 107-206—AUG. 2, 2002 
116 STAT. 909 
(10) PEACEKEEPING OPERATION UNDER CHAPTER VI OF THE 
CHARTER OF THE UNITED NATIONS OR PEACE ENFORCEMENT OPER-
ATION UNDER CHAPTER VII OF THE CHARTER OF THE UNITED 
NATIONS.—^The term "peacekeeping operation under chapter VI 
of the charter of the United Nations or peace enforcement 
operation under chapter VII of the charter of the United 
Nations" means any miHtary 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. 
115 Stat. 2289. 
SEC. 2015. ASSISTANCE TO INTERNATIONAL EFFORTS. 
22 USC 7433. 
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 
116 STAT. 910 
PUBLIC LAW 107-206—AUG. 2, 2002 
articles shall qualify under the first sentence of this clause 
only if all dyeing, printing, and finishing of the fabrics 
from which the articles are assembled, if the fabrics are 
woven fabrics, is carried out in the United States."; and 
(2) in clause (ii), by adding at the end the following: 
"Apparel articles shall qualify under the preceding 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.". 
19 use 3203 
(b) ANDEAN TRADE PREFERENCE ACT.—^Any duty free or other 
note. 
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. 
19 use 2703 
(c) EFFECTIVE DATE.—Subsection (b) and the amendments made 
note. 
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. 
Rural Service 
SEC. 3002. RURAL SERVICE IMPROVEMENT. 
of20or™*° 
(a) SHORT TITLE.—^This title may be cited as the "Rural Service 
Alaska. 
Improvement Act of 2002". 
Post^ service. 
(b) FINDINGS.—Congress makes the following findings: 
39 use 5402°°*^' 
(1) '^^^ ^*^*® °^ Alaska is the largest State in the Union 
note. 
^^^ ^^s 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 % 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 
PUBLIC LAW 107-206—AUG. 2, 2002 
116 STAT. 911 
the Department of Transportation, connecting hundreds of rural 
and isolated communities within the State, is a critical piece 
of the Alaska and the national transportation system. The 
system is like a 4-legged stool, designed to— 
(A) provide the most affordable means of delivering 
food and everyday necessities to these rural and isolated 
communities; 
(B) establish a system whereby the Postal Service can 
meet its obligations to deliver mail to every house and 
business in the United States; 
(C) support affordable and reliable passenger service; 
and 
(D) support affordable and reliable nonmail freight 
service. 
(10) Without the Intra-Alaska Bypass Mail system— 
(A) it would be difficult and more expensive for the 
Postal Service to meet its obligation of delivering mail 
to every house and business in the United States; and 
(B) food, medicine, freight, and everyday necessities 
and passenger service for these rural and isolated 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.— 
99-194 0-03-5 :QL3Part2 
116 STAT. 912 
PUBLIC LAW 107-206—AUG. 2, 2002 
(1) DEFINITIONS.—Section 5402 of title 39, United States 
Code, is amended— 
(A) by striking subsection (e); 
(B) by redesignating subsections (a) through (d) as 
subsections (b) through (e), respectively; and 
(C) by inserting before subsection (b), as redesignated, 
the following: 
"(a) In this section— 
"(1) the term 'acceptance point' means the point at which 
nonpriority bypass mail originates; 
"(2) the terms 'air carrier*, 'interstate air transportation', 
and 'foreign air transportation' have the meanings given such 
terms in section 40102(a) of title 49, United States Code; 
"(3) the term 'base fare' means the fare paid to the carrier 
issuing the passenger ticket or carrying nonmail freight which 
may entail service being provided by more than 1 carrier; 
"(4) the term 'bush carrier' means a carrier operating air-
craft certificated within the payload capacity requirements of 
subsection (g)(l)(D)(i) on a city pair route; 
"(5) the term 'bush passenger carrier* means a passenger 
carrier that meets the requirements of subsection (g)(l)(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 b3T)ass 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)( l)(D)(ii) on a given city 
pair route; 
"(12) the term 'mainline route' means a city pair in which 
a mainline carrier is tendered nonpriority bypass mail; 
PUBLIC LAW 107-206—AUG. 2, 2002 
116 STAT. 913 
"(13) the term 'new', when referencing a carrier, means 
a carrier that— 
"(A) meets the respective requirements of clause (i) 
or (ii) of subsection (g)(1)(D), depending on the type of 
route being served and the size of aircraft being used 
to provide service; and 
"(B) began providing nonpriority bypass mail service 
, 
on a city pair route in the State of Alaska after January 
1, 2001; 
"(14) the term 'part 121' means part 121 of title 14, Code 
of Federal Regulations; 
"(15) the term 'part 135' means part 135 of title 14, Code 
of Federal Regulations; 
"(16) the term 'scheduled service' means— 
"(A) flights are operated in common carriage available 
to the general public under a published schedule; 
"(B) flight schedules are announced in advance in 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 
fl3dng 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); 
116 STAT. 914 
PUBLIC LAW 107-206—AUG. 2, 2002 
(B) by striking the period at the end of subparagraph 
(B) and inserting a semicolon; and 
(C) by adding at the end the following: 
"(C) shall offer a bush passenger carrier providing service 
on a route in the State of Alaska between an acceptance point 
and a hub not served by a mainline carrier the opportunity 
to receive equitable tender of nonpriority bypass mail at 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 bjrpass 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 pa3mients to all carriers providing service 
on the city pair route and timely delivery) for the route; 
PUBLIC LAW 107-206—AUG. 2, 2002 
116 STAT. 915 
"(F) may offer tender of nonpriority bypass mail to a 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 bjrpass 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 
116 STAT. 916 
PUBLIC LAW 107-206—AUG. 2, 2002 
is deficient and provides written notice of the determination 
to existing mainline carriers to the hub point; and 
"(ii) after the 30-day period following issuance of notice 
under clause (i), including notice of inadequate capacity, the 
Postal Service determines that deficiencies in service to the 
hub point have not been eliminated. 
"(5)(A) The Postal Service shall offer equitable tender of 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)(l)(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. 
PUBLIC LAW 107-206—AUG. 2, 2002 
116 STAT. 917 
"(B) Service provided under this paragraph, including service 
provided to points served in conjunction with service being 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 t3rpe 
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 
116 STAT. 918 
PUBLIC LAW 107-206—AUG. 2, 2002 
for good cause shown. The requesting party shall state the basis 
for such a waiver. 
"(D) If after 6 years and 3 months following the date of 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. 
PUBLIC LAW 107-206—AUG. 2, 2002 
116 STAT. 919 
"(6)(A) The Secretary shall establish new bush rates for pas-
senger carriers operating in the State of Alaska receiving tender 
of nonpriority b3T)ass 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)(l) 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 bj^ass 
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 liighest 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 
116 STAT. 920 
PUBLIC LAW 107-206—AUG. 2, 2002 
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)(l) 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); 
PUBLIC LAW 107-206—AUG. 2, 2002 
116 STAT. 921 
"(iii) operates routes originating from the main hub of 
the carrier designated under subparagraph (C); and 
"(iv) has invested at least $500,000 in a physical hanger 
facility prior to January 1, 2002 in such a hub city. 
"(C) For purposes of subparagraph (B), a carrier may designate 
only one hub city as its main hub and once such designation 
is transmitted to the Postal Service it may not be changed. Such 
selection and transmission must be transmitted to the Postal 
Service within 6 months of the date of enactment of the Rural 
Service Improvement Act of 2002. A carrier attempting to receive 
tender of nonpriority bypass mail under this subsection shall not 
be eligible for such tender after the carrier becomes qualified for 
tender of nonpriority b5^ass 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)(l) 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-lOO 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 Deadline, 
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. 
"(1) 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)(l) Carriers qualifying for tender of nonpriority bj^ass 
mail under subsections (h) and (i) simultaneously shall be tendered 
such mail under subsection (h). 
116 STAT. 922 
PUBLIC LAW 107-206—AUG. 2, 2002 
"(2) A carrier shall be tendered nonpriority bypass mail under 
subsection (i) if that carrier— 
"(A) was qualified under both subsections (h) and (i) 
simultaneously; and 
"(B) becomes unqualified under subsection (h) but remains 
qualified under subsection (i). 
"(n)(l) 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; £ind 
"(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)(l) 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 
PUBLIC LAW 107-206—AUG. 2, 2002 
116 STAT. 923 
mainline passenger carrier begins providing service and seeks 
tender of nonpriority bypass mail in accordance with this section 
on the city pair route. The receipt of waivers and subsequent 
operation of service on a city pair route under this subsection 
shall not be counted towards meeting the requirements of any 
part of this section for any other city pair route. 
"(4) In granting waivers for or denying tender to carriers under 
this subsection, the Postal Service or the Secretary shall consider 
in the following order of importance— 
"(A) the passenger needs of the destination to be served 
(including amount and level); 
"(B) the nonmail freight needs of the destination to be 
served; 
"(C) the amount of nonpriority bypass mail service already 
available to the destination; 
"(D) the mail needs of the destination to be served; 
"(E) the savings to the Postal Service in terms of payments 
made to carriers; 
"(F) the amount or level of passenger service already 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 39 use 5402 
months after the date of enactment of this Act, if the Secretary J^ote. 
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. 
116 STAT. 924 
PUBLIC LAW 107-206—AUG. 2, 2002 
(e) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) TITLE 39.—Section 5402 of title 39, United States Code, 
is amended— 
(A) in subsections (b) through (e) (as redesignated by 
this title) and subsection (f) by striking "Secretary of 
Transportation" each place it appears and inserting "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)". 
DeadUne. 
(f) REPORTS TO CONGRESS.—^Not later than 18 months after 
39 use 5402 
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. 
39 use 5402 
(g) EFFECTIVE DATES.— 
note. 
(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. 
1 use 112 note. 
(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 
43 use 1626. 
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)". 
PUBLIC LAW 107-206—AUG. 2, 2002 
116 STAT. 925 
This Act may be cited as the "2002 Supplemental Appropria-
tions Act for Further Recovery From and Response To Terrorist 
Attacks on the United States". 
Approved August 2, 2002. 
LEGISLATIVE HISTORY—H.R. 4775 (S. 2551): 
HOUSE REPORTS: Nos. 107-480 (Comm. on Appropriations) and 
107-593 
(Comm. of Conference). 
SENATE REPORTS: No. 107-156 accompanying S. 2551 (Comm. on Appropria-
tions). 
CONGRESSIONAL RECORD, Vol. 148 (2002): 
May 22-24, considered and passed House. 
June 3-6, considered and passed Senate, amended. 
July 23, House agreed to conference report. 
July 24, Senate agreed to conference report.