2002 Supplemental Appropriations Act for Further Recovery From and Response To Terrorist Attacks on the United States

Rescinds specified funds for the Rural Utilities Service, Local Television Loan Guarantee Program Account and the food stamp program.

(Sec. 101) Requires the Secretary of Agriculture to use specified Commodity Credit Corporation funds to make a grant to Texas for agricultural assistance to producers along the Rio Grande River that 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.

(Sec. 102) Directs the Secretary of Agriculture to transfer within two weeks of this Act's enactment specified funds of the Commodity Credit Corporation to the Bureau of Reclamation Water and Related Resources Account to provide water to at-risk natural desert terminal lakes.

(Sec. 103) Expresses the sense of the Senate that the Secretary of Agriculture act expeditiously to provide compensation through the Commodity Credit Corporation to producers of poultry that have been affected by outbreaks of avian influenza in Virginia, West Virginia, and other States.

(Sec. 104) Expresses the sense of the Senate that dairy surpluses should be used for direct feeding programs to mothers and children living with and to communities heavily impacted by HIV/AIDS.

(Sec. 105) Rescinds specified funds for the Global Food for Education Initiative. Makes supplemental appropriations in an equal amount for commodities supplied in connection with emergency and private assistance programs under the Agricultural Trade Development and Assistance Act of 1954.

(Sec. 106) Requires the Secretary of Agriculture to approve the sale or barter of any eligible commodity which is to be disposed of under the Agricultural Act of 1949 provisions concerning the prevention of waste.

(Sec. 107) Authorizes the Secretary to use specified funds to liquidate over-obligations and over-expenditures of the Food Safety and Inspection Service.

Chapter 2: Department of Justice - Makes supplemental appropriations for the Department of Justice (DOJ) for: (1) general administration; (2) U.S. Attorneys for courtroom technology; (3) Anti-Terrorism Task Forces; (4) Joint Terrorism Task Forces; (5) Foreign Terrorist Tracking Task Forces; (6) the Federal Bureau of Investigation (FBI); (7) the Immigration and Naturalization Service (INS); (8) Office of Justice Programs; and (9) community oriented policing services.

Rescinds specified funds for: (1) U.S. Attorneys; (2) U.S. Marshals; (3); the Federal Prison System; and (4) justice assistance.

Makes supplemental appropriations for the Department of Commerce and related agencies for: (1) the International Trade Administration; (2) the Export Administration; (3) the National Institute of Standards and Technology; and (4) the National Oceanic and Atmospheric Administration (NOAA).

Rescinds specified funds for the Bureau of the Census and NOAA.

Makes funds available under the Fisheries Finance Program Account available to subsidize gross obligations for the principal amount of direct loans, both individual fishing quota and traditional.

Makes supplemental appropriations for the Judiciary, including the Supreme Court and the Courts of Appeals, District Courts, and other judicial services.

Makes supplemental appropriations for the Department of State and related agency for: (1) the administration of foreign affairs; (2) educational and cultural exchange programs; (3) embassy security, construction, and maintenance; (4) international organizations and conferences; (5) the Broadcasting Board of Governors; and (6) the Securities and Exchange Commission.

Rescinds specified funds for international peacekeeping activities.

(Sec. 201) States when certain new grant money under the Advanced Technology Program of the National Institute of Standards and Technology must be used.

(Sec. 202) Prohibits the use of funds to implement or enforce the Memorandum of Agreement signed by the Federal Trade Commission and the Antitrust Division of the Department of Justice on March 5, 2002.

(Sec. 203) Establishes a Principal Associate Deputy Attorney General for Combating Terrorism to advise on and coordinate DOJ functions relating to combating domestic terrorism.

(Sec. 204) Revises the due date of the Commission on Ocean Policy's recommendations to Congress.

(Sec. 205) Authorizes the American Section of the International Joint Commission, United States and Canada, to receive funds from the U.S. Army Corps of Engineers in conjunction with the Devil's Lake project.

(Sec. 206) Amends the Agricultural Marketing Act of 1946 to revise the definition of wild fish.

(Sec. 207) Earmarks previous appropriations for a cooperative agreement with the National Defense Center of Excellence for Research in Ocean Sciences to conduct coral mapping in the waters of the Hawaiian Islands and the surrounding Exclusive Economic Zone in accordance with the mapping implementation strategy of the U. S. Coral Reef Task Force.

(Sec. 208) Makes supplemental appropriations 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 through FY 2003.

(Sec. 209) Makes supplemental appropriations to enable the Secretary of Commerce to provide for direct economic assistance to fishermen and fishing communities affected by Federal Court ordered management measures in the Northeast multispecies fishery for specified port security and related coastal activities, to remain available through FY 2003.

(Sec. 210) Earmarks funds for a reduction loan to carry out a West Coast groundfish fishing capacity reduction program under the Magnuson-Stevens Fishery Conservation and Management Act.

(Sec. 211) Requires the Attorney General to transfer specified funds to the INS to cover pay increases for certain border patrol agents. Requires the Justice Management Division to make a progress report by the end of FY 2002 to the Appropriations Committees on the development of the Chimera system. Requires the program manager of the Chimera system to approve and report to the Attorney General on all INS technology activity expenditures in FY 2003.

(Sec. 212) States that FY 2002 appropriations for the National Veterans Business Development Corporation shall remain available until expended.

(Sec. 213) Transfers FY 2002 appropriations for the Federal courts to the U.S. Marshals Service for hiring additional deputies and others for the protection of the judicial process in response to the September 11, 2001, terrorist attacks.

Chapter 3: Department of Defense - Makes supplemental appropriations for the Department of Defense (DOD) for: (1) military personnel; (2) operation and maintenance (including transfer of funds); (3) procurement; and (4) research, development, test and evaluation.

(Sec. 301) Permits the use of funds already appropriated for the V-22 to be used to meet the unique requirements of the Special Operations Forces.

(Sec. 302) Authorizes the use of appropriations for military construction projects necessary to respond to or protect against acts or threatened acts of terrorism, subject to congressional notification.

(Sec. 303) Amends the Department of Defense Appropriations Act, 2002 to waive current restrictions on the authority of the Secretary of Defense to establish a field operating agency if such an agency is necessary in response to an emergency or in response to terrorist threats or incidents.

(Sec. 304) Makes funds appropriated by this Act available for intelligence activities (by deeming them specifically authorized for such purpose by Congress).

(Sec. 305) Permits the use of certain appropriations for additional costs of international inspectors from the Technical Secretariat of the Organization for the Prohibition of Chemical Weapons for inspections and monitoring of DOD sites and commercial contract sites resulting from the Department of Defense's program to accelerate its chemical demilitarization schedule.

(Sec. 306) Permits the President to waive current restrictions concerning the Cooperative Threat Reduction program upon certification to Congress that is important to U.S. national security interests to do so.

(Sec. 307) Revises the Activity under which the Secretary of the Army must obligate funds for procuring smokeless nitrocellulose to preserve competition and a commercial manufacturing capability for munitions precursor supplies for the High Zone Modular Artillery Charge System.

(Sec. 308) Requires the Secretary of Defense to obligate specified funds for a grant to support the conversion of the Naval Security Group, Winter Harbor, Maine, to a research and education center for Acadia National Park.

(Sec. 309) Earmarks funds for the Army National Guard for information and information assurance operations.

Chapter 4: District of Columbia - Makes supplemental appropriations for a Federal payment to the District of Columbia for: (1) the Children's National Medical Center; (2) implementation of the District Emergency Operations Plan; (3) the Washington Metropolitan Area Transit Authority (WMATA); (4) the Metropolitan Washington Council of Governments; (5) the Water and Sewer Authority; (6) human support services; and (7) the Corrections Information Council.

Rescinds specified funds for: (1) public charter schools; (2) the Corrections Information Council; and (3) repayment of loans and interest. Amends the District of Columbia Appropriations Act, 2002 to condition the use of funds available to the Office of the Corporation Counsel for attorney compensation upon consistency with performance measures in a negotiated collective bargaining agreement.

Requires that the positive fund balance of the general fund at the end of FY 2000 be used to provide the minimum balances for the emergency and contingency reserve funds for FY 2002, any excess to be applied to potential deficits for FY 2002 or Pay-As-You-Go Capital Funds.

Makes supplemental appropriations for payments on the District's Certificates of Participation (used to finance the facility underlying the building at One Judiciary Square).

(Sec. 401) Permits the use of limited funds for administrative costs incurred fulfilling the Emergency Supplemental Act, 2002.

(Sec. 402) Permits the procurement of insurance for property damage, tort liability, and misfeasance or malfeasance.

(Sec. 403) Amends the Victims of Violent Crime Compensation Act of 1996 to make certain outreach funds available without fiscal year limitation.

(Sec. 404) Permits the use of specified WMATA funds for security and completion of the fiber optic network project.

(Sec. 405) Permits the transfer of funds to implement the District of Columbia Family Court Act of 2001 (magistrate judges for child abuse and neglect cases).

(Secs. 406- 408) Makes specified technical corrections to the District of Columbia Family Court Act of 2001, the Fiscal Year 2002 District of Columbia Appropriations Act, and the Fiscal Year 2002 District of Columbia Appropriations Act.

(Sec. 409) Extends the authority of the Chief Financial Officer through July 1, 2003, or the effective date of the District of Columbia Fiscal Integrity Act, whichever occurs first.

Chapter 5: Department of Defense - Civil - Makes supplemental appropriations for: (1) the Department of Defense for the Army Corps of Engineers; (2) the Department of Energy for atomic energy defense activities; (3) defense environmental restoration and waste management; and (4) other defense activities.

(Sec. 501) Rescinds specified funds available to the Secretary of Energy for energy supply, non-defense environmental management, science, nuclear waste disposal, and departmental administration. Requires a submission to the Appropriations Committees of the amount of reductions made on a per account basis.

(Sec. 502) States that the cost-sharing requirements of the Energy Policy Act of 1992 for the biomass project in Winona, Mississippi, have been met.

(Sec. 503) Requires the Secretary to award a contract for facilities for the conversion and disposition of depleted uranium hexafluoride at the gaseous diffusion plants at Paducah, Kentucky and Portsmouth, Ohio, and certify the groundbreakings to Congress.

(Sec. 504) Makes supplemental appropriations for drilling emergency wells in Santa Fe, New Mexico.

Chapter 6: Bilateral Economic Assistance - Makes supplemental appropriations for: (1) the U.S. Agency for International Development (AID), Child Survival and Health Programs Fund for HIV/AIDS; (2) international disaster assistance; (3) AID operating expenses; (4) the Economic Support Fund; (5) assistance for the independent states of the former Soviet Union; (6) the Department of State (DOS), international narcotics control and law enforcement; (7) migration and refugee assistance; (8) nonproliferation, anti-terrorism, demining and related programs; and (9) military assistance, including the foreign military financing program for specified countries and peacekeeping operations.

Rescinds specified funds for maintenance of value payments to international financial institutions.

(Sec. 601) Requires funds made previously available for the United Nations Population Fund to be obligated and disbursed by July 10, 2002, except as specified.

(Sec. 602) Requires the Secretary of State to consider a country's progress in establishing democratic institutions, a market-based economy, and anti-corruption mechanisms when providing assistance with funds appropriated by this Act. Excludes funds for international disaster assistance and assistance for Afghanistan from such criteria.

(Sec. 603) Makes specified funds appropriated by this and other Acts available to support the Colombian Government's unified campaign against narcotics trafficking and certain paramilitary and guerilla organizations, subject to certification by the Secretary to Congress that the President of Colombia has established and is implementing policies and reforms combating such trafficking and working to restore government authority and human rights in guerilla-controlled areas. Prohibits U.S. contractors or armed forces from participating in any combat operations.

(Sec. 604) Rescinds specified funds for foreign operations, export financing, and related programs previously appropriated to the Export-Import Bank and the Economic Support Fund.

(Sec. 605) Earmarks funds for AID for the National Forum Foundation to implement the TRANSFORM Program which ships humanitarian assistance to needy foreign countries.

(Sec. 606) Requires the President to report to the appropriate congressional committees a strategy for meeting the immediate and long-term security needs of Afghanistan.

Chapter 7: Department of the Interior - Makes supplemental appropriations for the Department of the Interior for: (1) the Fish and Wildlife Service; (2) the National Park Service; (3) the Geological Survey; and (4) departmental offices.

Rescinds specified funds for the Bureau of Indian Affairs.

Makes supplemental appropriations for the Department of Agriculture (the Forest Service) and for the Smithsonian Institution.

(Sec. 701) Authorizes the Minerals Management Service to recover certain transportation and administrative costs associated with filling the Strategic Petroleum Reserve.

(Sec. 702) Permits agreements under the Wildfire Suppression Assistance Act to make firefighters employees of the country receiving their services for liability purposes.

Chapter 8: Department of Labor - Makes supplemental appropriations for the Department of Labor for the Employment and Training Administration and the Occupational Safety and Health Administration.

Makes supplemental appropriations for the Department of Health and Human Services for: (1) the Health Resources and Services Administration; (2) the Centers for Disease Control and Prevention; (3) the National Institutes of Health (including rescission); and (4) the Public Health and Social Services Emergency Fund. Earmarks program management funds of the Centers for Medicare and Medicaid Services for John Hopkins School of Medicine for an in-home study of self-administered high frequency chest oscillation therapy.

Reprograms funds for school improvement programs under the Elementary and Secondary Education Act of 1965, as appropriated by the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2002, including funds for Digital Educational Programming Grants.

Makes technical changes in the statement of the managers of the committee of conference accompanying the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2002.

Makes supplemental appropriations to the Department of Education for student financial assistance for Pell Grants.

Funds the Eisenhower National Clearinghouse for Mathematics and Science Education for an additional year.

(Secs. 801 & 802) Amends the Elementary and Secondary Education Act of 1965 to modify: (1) the number of students required in a portion of the payment formula for impact aid for heavily impacted districts; and (2) the local contribution rate used by a local education agency.

(Sec. 803) Requires reduction of administrative expenses on a pro rata basis by the Departments of Labor, Health and Human Services, and Education, excluding the Food and Drug Administration and the Indian Health Service.

(Sec. 804) Amends the Higher Education Amendments of 1998 to revise the grant program for workplace and community transition training for incarcerated youth offenders.

(Sec. 805) Renames the National Service Awards the Ruth L. Kirschstein National Research Service Awards.

(Sec. 806) Amends the Internal Revenue Code concerning Alaska's payments under the Federal Unemployment Tax Act.

(Sec. 807) Requires an equal per-pupil distribution of the amount, if any, the FY 2002 exceeds the FY 2001 basic grant to the local educational agency serving New York City, made under the Elementary and Secondary Education Act of 1965. Requires that each county in New York City receive at least the same amount in FY 2002 as it received under such grant in FY 2001.

(Sec. 808) Makes technical changes in the statement of the managers of the committee of conference accompanying the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2001.

Chapter 9: Legislative Branch - Makes supplemental appropriations for the Legislative Branch for: (1) the Capitol Police Board; and (2) the Library of Congress, Copyright Office.

(Sec. 901) Authorizes an adjustment in the Senators Official Personnel and Office Expense Account for responses to terrorism or anthrax.

(Secs. 902 & 903) Amends the Emergency Supplemental Act, 2002 to: (1) condition the acquisition of buildings and facilities by the Chief Administrative Officer for the use of the House of Representatives upon the availability of appropriations; and (2) state that the Capitol Police Board has sole discretion in the awarding of recruitment bonuses.

(Sec. 904) Authorizes the Architect to acquire computer backup facilities for legislative branch offices, as specified.

Chapter 10: Department of Transportation - Makes supplemental appropriations for the Department of Transportation for: (1) the Transportation Security Administration; (2) the Coast Guard; (3) the Federal Aviation Administration; (4) grants-in-aid for airports; (5) the Federal Highway Administration, emergency relief program, including funds for projects or expenses related to the Nisqually earthquake and other disasters in Washington and the Interstate 40 bridge collapse in Oklahoma; (6) the Federal Motor Carrier Safety Administration, border enforcement program; (7) the Federal Railroad Administration, grants for the National Railroad Passenger Corporation; (8) the Federal Transit Administration; and (9) for the Research and Special Programs Administration.

Rescinds specified funds for contract authority for Federal-aid highways.

(Secs. 1001 & 1002) Increases the obligation limitation for the Transportation Administrative Service Center and the Federal-aid Highway Program.

(Sec. 1003) Requires the use of the Regulatory Tonnage Measurement System when measuring new fishing vessels as required by the American Fisheries Act.

(Sec. 1004) Amends the Department of Transportation and Related Agencies Appropriations Act, 2002 to include the Transportation Security Administration (along with the FAA) in a prohibition against requiring airport sponsors to provide cost-free space for air traffic control, air navigation, or weather reporting.

(Sec. 1005) Amends the Transportation Appropriations Act for FY 2001 to state the alignment of a highway project in Mississippi.

(Sec. 1006) Reallocates funds available for intelligent transportation systems to the Drexel University Intelligent Infrastructure Institute.

(Sec. 1007) Requires the Administrator of the FAA to report to Congress on a plan and timetable for having an adequate number of air traffic controllers.

(Sec. 1008) Permits the use of job access and reverse commute grants to Idaho to be used for a specified job training and supportive services program concerning highway construction and technical training and summer transportation institutes.

Chapter 11: Department of the Treasury - Rescinds specified funds for: (1) the Financial Management Service; and (2) the Internal Revenue Service, information systems.

Makes supplemental appropriations for: (1) the Customs Service; (2) the Secret Service; and (3) the Postal Service Fund.

Makes supplemental appropriations for the Executive Office of the President, Office of Administration, and the General Services Administration.

(Sec. 1101) Deems the Eisenhower Exchange Fellowship Program an executive agency for purposes of access to sources of supply.

(Sec. 1102) Establishes the position of Director for Homeland Security in the Office of Homeland Security.

Chapter 12: Department of Veterans Affairs - Makes supplemental appropriations for the Department of Veterans Affairs for the Veterans Benefits Administration and the Veterans Health Administration.

Rescinds specified funds for the Housing Certificate Fund and the Home Investment Partnerships Program.

Makes supplemental appropriations for the Department of Housing and Urban Development (HUD) for the Community Development Fund for distribution through the Lower Manhattan Development Corporation for emergency expenses for response to the September 11, 2001, terrorist attacks. States that such funds will have no impact on the amount of formula or other Federal assistance for which New York City or State would otherwise be eligible. Requires congressional notification of fund allocation and any authorized waivers of otherwise applicable requirements.

Revises the referenced statement of the managers for the FY 1999, FY 2001, and FY 2002 appropriations for HUD to explain the allowable use of certain previous appropriations.

Makes specified funds from contract authority in excess of required payments available for grants and loans for rehabilitation of multifamily projects under the National Housing Act.

Makes supplemental appropriations for: (1) the Environmental Protection Agency; (2) the Federal Emergency Management Agency, including funds for Cerro Grande fire claims; and (3) the National Science Foundation.

(Sec. 1201) Directs the Secretary of HUD to continue to administer the Disposition of Assets in Revitalization Areas and to enter into new contracts with eligible program participants.

(Sec. 1202) Requires the Secretary to report quarterly to Congress on the status of any FHA-insured multifamily housing project that is in default for longer than 60 days.

(Sec. 1203) Removes the use restrictions on a specified apartment building in Baltimore, Maryland.

Title II: General Provisions - Limits the use of funds appropriated by this Act to the current fiscal year unless otherwise specified.

(Sec. 2002) Limits the availability of certain supplemental appropriations to the extent that the entire amount is designated as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985 by Congress and the President.

(Sec. 2003) Expresses the sense of the Senate concerning the reorganization of the FBI and its positive role in responding to the threat of terrorism as well as its continued ability to investigate other crimes, including those involving drugs.

(Sec. 2004) Amends the Alaska Native Claims Settlement Act to specifically qualify Native Corporations as well as their direct and indirect subsidiary corporations, joint ventures, and partnerships as minority and economically disadvantaged business enterprises for purposes of Federal law, specifically for minority contracting and subcontracting requirements.

Title III: American Servicemembers' Protection Act - American Servicemembers' Protection Act of 2002 - Prohibits U.S. cooperation with the International Criminal Court. Specifies restrictions on: (1) participation by covered U.S. persons in United Nations (UN) peacekeeping and peace enforcement operations; (2) transfer to the Court of U.S. classified national security and law enforcement information; and (3) the provision of U.S. military assistance, with specified exceptions, to the government of a country that is a party to the Court.

(Sec. 3003) Prescribes conditions for a presidential waiver of the prohibitions and requirements of this Act.

(Sec. 3004) Declares that the requirements of this Act shall not prohibit: (1) any action authorized by the President to bring about the release from captivity of any U.S. military personnel (covered U.S. persons) and certain other persons (covered allied persons) who are being detained or imprisoned against their will by or on behalf of the Court; or (2) communication by the United States of its policy with respect to a matter.

(Sec. 3008) Authorizes the President to use all means necessary (including the provision of legal assistance) to bring about the release of covered U.S. persons and covered allied persons held captive by, on behalf, or at the request of the Court.

(Sec. 3009) Urges the President to report to appropriate congressional committees on the degree to which: (1) each military alliance to which the United States is a party may place U.S. armed forces under foreign control subject to the Court's jurisdiction; and (2) U.S. armed forces engaged in military operations pursuant to such alliance may be exposed to greater risks as a result of being placed under such foreign control.

(Sec. 3010) Authorizes funds withheld from the U.S. share of assessments to the UN or other international organizations pursuant to the Admiral James W. Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 to be transferred to the Embassy Security, Construction and Maintenance Account of the Department of State.

(Sec. 3011) Sets forth the relationship between the President's exercise of his constitutional authority as Commander in Chief of the Armed Forces, this Act, and actions taken with respect to a specific matter involving the Court, requiring congressional notification as specified.

(Sec. 3014) Amends the Department of Defense Appropriations Act, 2002 to repeal the limitation on use of division A funds to provide assistance to the International Criminal Court or its prosecutorial activity.

(Sec. 3015) Permits the United States to continue rendering assistance to international efforts to bring to justice Saddam Hussein, Slobodan Milosevic, Osama bin Laden, other members of Al Qaeda, leaders of Islamic Jihad, and other foreign nationals accused of genocide, war crimes, or crimes against humanity.

Title IV: Mail Delivery in Alaska - Rural Service Improvement Act of 2002 - Amends Federal postal service law to require the U.S. Postal Service to adhere to an equitable tender policy within a qualified group of air carriers in selecting carriers of non-priority bypass mail to certain points in Alaska.

Prescribes requirements for the selection of: (1) bush passenger carriers and non-mail freight carriers for the delivery of non-priority bypass mail at mainline service rates, bush rates, or composite rates; (2) mainline and non-mainline air carriers to hub points; and (3) all air carriers providing scheduled passenger service to bush points.