[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3338 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                                                      December 7, 2001.
    Resolved, That the bill from the House of Representatives (H.R. 
3338) entitled ``An Act making appropriations for the Department of 
Defense for the fiscal year ending September 30, 2002, and for other 
purposes.'', do pass with the following

                               AMENDMENT:

            Strike out all after the enacting clause and insert:

         DIVISION A--DEPARTMENT OF DEFENSE APPROPRIATIONS, 2002

    That the following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for the fiscal year ending 
September 30, 2002, for military functions administered by the 
Department of Defense, and for other purposes, namely:

                                TITLE I

                           MILITARY PERSONNEL

                        Military Personnel, Army

    For pay, allowances, individual clothing, subsistence, interest on 
deposits, gratuities, permanent change of station travel (including all 
expenses thereof for organizational movements), and expenses of 
temporary duty travel between permanent duty stations, for members of 
the Army on active duty (except members of reserve components provided 
for elsewhere), cadets, and aviation cadets; and for payments pursuant 
to section 156 of Public Law 97-377, as amended (42 U.S.C. 402 note), 
to section 229(b) of the Social Security Act (42 U.S.C. 429(b)), and to 
the Department of Defense Military Retirement Fund, $23,446,734,000.

                        Military Personnel, Navy

    For pay, allowances, individual clothing, subsistence, interest on 
deposits, gratuities, permanent change of station travel (including all 
expenses thereof for organizational movements), and expenses of 
temporary duty travel between permanent duty stations, for members of 
the Navy on active duty (except members of the Reserve provided for 
elsewhere), midshipmen, and aviation cadets; and for payments pursuant 
to section 156 of Public Law 97-377, as amended (42 U.S.C. 402 note), 
to section 229(b) of the Social Security Act (42 U.S.C. 429(b)), and to 
the Department of Defense Military Retirement Fund, $19,465,964,000.

                    Military Personnel, Marine Corps

    For pay, allowances, individual clothing, subsistence, interest on 
deposits, gratuities, permanent change of station travel (including all 
expenses thereof for organizational movements), and expenses of 
temporary duty travel between permanent duty stations, for members of 
the Marine Corps on active duty (except members of the Reserve provided 
for elsewhere); and for payments pursuant to section 156 of Public Law 
97-377, as amended (42 U.S.C. 402 note), to section 229(b) of the 
Social Security Act (42 U.S.C. 429(b)), and to the Department of 
Defense Military Retirement Fund, $7,335,370,000.

                     Military Personnel, Air Force

    For pay, allowances, individual clothing, subsistence, interest on 
deposits, gratuities, permanent change of station travel (including all 
expenses thereof for organizational movements), and expenses of 
temporary duty travel between permanent duty stations, for members of 
the Air Force on active duty (except members of reserve components 
provided for elsewhere), cadets, and aviation cadets; and for payments 
pursuant to section 156 of Public Law 97-377, as amended (42 U.S.C. 402 
note), to section 229(b) of the Social Security Act (42 U.S.C. 429(b)), 
and to the Department of Defense Military Retirement Fund, 
$20,032,704,000.

                        Reserve Personnel, Army

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Army Reserve on active duty under 
sections 10211, 10302, and 3038 of title 10, United States Code, or 
while serving on active duty under section 12301(d) of title 10, United 
States Code, in connection with performing duty specified in section 
12310(a) of title 10, United States Code, or while undergoing reserve 
training, or while performing drills or equivalent duty or other duty, 
and for members of the Reserve Officers' Training Corps, and expenses 
authorized by section 16131 of title 10, United States Code; and for 
payments to the Department of Defense Military Retirement Fund, 
$2,670,197,000.

                        Reserve Personnel, Navy

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Navy Reserve on active duty under 
section 10211 of title 10, United States Code, or while serving on 
active duty under section 12301(d) of title 10, United States Code, in 
connection with performing duty specified in section 12310(a) of title 
10, United States Code, or while undergoing reserve training, or while 
performing drills or equivalent duty, and for members of the Reserve 
Officers' Training Corps, and expenses authorized by section 16131 of 
title 10, United States Code; and for payments to the Department of 
Defense Military Retirement Fund, $1,650,523,000.

                    Reserve Personnel, Marine Corps

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Marine Corps Reserve on active 
duty under section 10211 of title 10, United States Code, or while 
serving on active duty under section 12301(d) of title 10, United 
States Code, in connection with performing duty specified in section 
12310(a) of title 10, United States Code, or while undergoing reserve 
training, or while performing drills or equivalent duty, and for 
members of the Marine Corps platoon leaders class, and expenses 
authorized by section 16131 of title 10, United States Code; and for 
payments to the Department of Defense Military Retirement Fund, 
$466,300,000.

                      Reserve Personnel, Air Force

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Air Force Reserve on active duty 
under sections 10211, 10305, and 8038 of title 10, United States Code, 
or while serving on active duty under section 12301(d) of title 10, 
United States Code, in connection with performing duty specified in 
section 12310(a) of title 10, United States Code, or while undergoing 
reserve training, or while performing drills or equivalent duty or 
other duty, and for members of the Air Reserve Officers' Training 
Corps, and expenses authorized by section 16131 of title 10, United 
States Code; and for payments to the Department of Defense Military 
Retirement Fund, $1,061,160,000.

                     National Guard Personnel, Army

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Army National Guard while on duty 
under section 10211, 10302, or 12402 of title 10 or section 708 of 
title 32, United States Code, or while serving on duty under section 
12301(d) of title 10 or section 502(f) of title 32, United States Code, 
in connection with performing duty specified in section 12310(a) of 
title 10, United States Code, or while undergoing training, or while 
performing drills or equivalent duty or other duty, and expenses 
authorized by section 16131 of title 10, United States Code; and for 
payments to the Department of Defense Military Retirement Fund, 
$4,052,695,000.

                  National Guard Personnel, Air Force

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Air National Guard on duty under 
section 10211, 10305, or 12402 of title 10 or section 708 of title 32, 
United States Code, or while serving on duty under section 12301(d) of 
title 10 or section 502(f) of title 32, United States Code, in 
connection with performing duty specified in section 12310(a) of title 
10, United States Code, or while undergoing training, or while 
performing drills or equivalent duty or other duty, and expenses 
authorized by section 16131 of title 10, United States Code; and for 
payments to the Department of Defense Military Retirement Fund, 
$1,783,744,000.

                                TITLE II

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Army, as authorized by law; and not to 
exceed $10,794,000 can be used for emergencies and extraordinary 
expenses, to be expended on the approval or authority of the Secretary 
of the Army, and payments may be made on his certificate of necessity 
for confidential military purposes, $22,941,588,000.

                    Operation and Maintenance, Navy

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Navy and the Marine Corps, as 
authorized by law; and not to exceed $4,569,000 can be used for 
emergencies and extraordinary expenses, to be expended on the approval 
or authority of the Secretary of the Navy, and payments may be made on 
his certificate of necessity for confidential military purposes, 
$27,038,067,000.

                Operation and Maintenance, Marine Corps

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Marine Corps, as authorized by law, 
$2,903,863,000.

                  Operation and Maintenance, Air Force

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Air Force, as authorized by law; and 
not to exceed $7,998,000 can be used for emergencies and extraordinary 
expenses, to be expended on the approval or authority of the Secretary 
of the Air Force, and payments may be made on his certificate of 
necessity for confidential military purposes, $26,303,436,000.

                Operation and Maintenance, Defense-Wide

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of activities and agencies of the Department 
of Defense (other than the military departments), as authorized by law, 
$12,864,644,000, of which not to exceed $25,000,000 may be available 
for the CINC initiative fund account; and of which not to exceed 
$33,500,000 can be used for emergencies and extraordinary expenses, to 
be expended on the approval or authority of the Secretary of Defense, 
and payments may be made on his certificate of necessity for 
confidential military purposes.

                Operation and Maintenance, Army Reserve

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including training, organization, and 
administration, of the Army Reserve; repair of facilities and 
equipment; hire of passenger motor vehicles; travel and transportation; 
care of the dead; recruiting; procurement of services, supplies, and 
equipment; and communications, $1,771,246,000.

                Operation and Maintenance, Navy Reserve

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including training, organization, and 
administration, of the Navy Reserve; repair of facilities and 
equipment; hire of passenger motor vehicles; travel and transportation; 
care of the dead; recruiting; procurement of services, supplies, and 
equipment; and communications, $1,003,690,000.

            Operation and Maintenance, Marine Corps Reserve

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including training, organization, and 
administration, of the Marine Corps Reserve; repair of facilities and 
equipment; hire of passenger motor vehicles; travel and transportation; 
care of the dead; recruiting; procurement of services, supplies, and 
equipment; and communications, $144,023,000.

              Operation and Maintenance, Air Force Reserve

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including training, organization, and 
administration, of the Air Force Reserve; repair of facilities and 
equipment; hire of passenger motor vehicles; travel and transportation; 
care of the dead; recruiting; procurement of services, supplies, and 
equipment; and communications, $2,023,866,000.

             Operation and Maintenance, Army National Guard

    For expenses of training, organizing, and administering the Army 
National Guard, including medical and hospital treatment and related 
expenses in non-Federal hospitals; maintenance, operation, and repairs 
to structures and facilities; hire of passenger motor vehicles; 
personnel services in the National Guard Bureau; travel expenses (other 
than mileage), as authorized by law for Army personnel on active duty, 
for Army National Guard division, regimental, and battalion commanders 
while inspecting units in compliance with National Guard Bureau 
regulations when specifically authorized by the Chief, National Guard 
Bureau; supplying and equipping the Army National Guard as authorized 
by law; and expenses of repair, modification, maintenance, and issue of 
supplies and equipment (including aircraft), $3,743,808,000.

             Operation and Maintenance, Air National Guard

    For operation and maintenance of the Air National Guard, including 
medical and hospital treatment and related expenses in non-Federal 
hospitals; maintenance, operation, repair, and other necessary expenses 
of facilities for the training and administration of the Air National 
Guard, including repair of facilities, maintenance, operation, and 
modification of aircraft; transportation of things, hire of passenger 
motor vehicles; supplies, materials, and equipment, as authorized by 
law for the Air National Guard; and expenses incident to the 
maintenance and use of supplies, materials, and equipment, including 
such as may be furnished from stocks under the control of agencies of 
the Department of Defense; travel expenses (other than mileage) on the 
same basis as authorized by law for Air National Guard personnel on 
active Federal duty, for Air National Guard commanders while inspecting 
units in compliance with National Guard Bureau regulations when 
specifically authorized by the Chief, National Guard Bureau, 
$3,998,361,000.

          United States Courts of Appeals for the Armed Forces

    For salaries and expenses necessary for the United States Court of 
Appeals for the Armed Forces, $9,096,000, of which not to exceed $2,500 
can be used for official representation purposes.

                    Environmental Restoration, Army

                     (including transfer of funds)

    For the Department of the Army, $389,800,000, to remain available 
until transferred: Provided, That the Secretary of the Army shall, upon 
determining that such funds are required for environmental restoration, 
reduction and recycling of hazardous waste, removal of unsafe buildings 
and debris of the Department of the Army, or for similar purposes, 
transfer the funds made available by this appropriation to other 
appropriations made available to the Department of the Army, to be 
merged with and to be available for the same purposes and for the same 
time period as the appropriations to which transferred: Provided 
further, That upon a determination 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.

                    Environmental Restoration, Navy

                     (including transfer of funds)

    For the Department of the Navy, $257,517,000, to remain available 
until transferred: Provided, That the Secretary of the Navy shall, upon 
determining that such funds are required for environmental restoration, 
reduction and recycling of hazardous waste, removal of unsafe buildings 
and debris of the Department of the Navy, or for similar purposes, 
transfer the funds made available by this appropriation to other 
appropriations made available to the Department of the Navy, to be 
merged with and to be available for the same purposes and for the same 
time period as the appropriations to which transferred: Provided 
further, That upon a determination 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.

                  Environmental Restoration, Air Force

                     (including transfer of funds)

    For the Department of the Air Force, $385,437,000, to remain 
available until transferred: Provided, That the Secretary of the Air 
Force shall, upon determining that such funds are required for 
environmental restoration, reduction and recycling of hazardous waste, 
removal of unsafe buildings and debris of the Department of the Air 
Force, or for similar purposes, transfer the funds made available by 
this appropriation to other appropriations made available to the 
Department of the Air Force, to be merged with and to be available for 
the same purposes and for the same time period as the appropriations to 
which transferred: Provided further, That upon a determination 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.

                Environmental Restoration, Defense-Wide

                     (including transfer of funds)

    For the Department of Defense, $23,492,000, to remain available 
until transferred: Provided, That the Secretary of Defense shall, upon 
determining that such funds are required for environmental restoration, 
reduction and recycling of hazardous waste, removal of unsafe buildings 
and debris of the Department of Defense, or for similar purposes, 
transfer the funds made available by this appropriation to other 
appropriations made available to the Department of Defense, to be 
merged with and to be available for the same purposes and for the same 
time period as the appropriations to which transferred: Provided 
further, That upon a determination 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.

         Environmental Restoration, Formerly Used Defense Sites

                     (including transfer of funds)

    For the Department of the Army, $230,255,000, to remain available 
until transferred: Provided, That the Secretary of the Army shall, upon 
determining that such funds are required for environmental restoration, 
reduction and recycling of hazardous waste, removal of unsafe buildings 
and debris at sites formerly used by the Department of Defense, 
transfer the funds made available by this appropriation to other 
appropriations made available to the Department of the Army, to be 
merged with and to be available for the same purposes and for the same 
time period as the appropriations to which transferred: Provided 
further, That upon a determination 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.

             Overseas Humanitarian, Disaster, and Civic Aid

    For expenses relating to the Overseas Humanitarian, Disaster, and 
Civic Aid programs of the Department of Defense (consisting of the 
programs provided under sections 401, 402, 404, 2547, and 2551 of title 
10, United States Code), $44,700,000, to remain available until 
September 30, 2003.

                  Former Soviet Union Threat Reduction

    For assistance to the republics of the former Soviet Union, 
including assistance provided by contract or by grants, for 
facilitating the elimination and the safe and secure transportation and 
storage of nuclear, chemical and other weapons; for establishing 
programs to prevent the proliferation of weapons, weapons components, 
and weapon-related technology and expertise; for programs relating to 
the training and support of defense and military personnel for 
demilitarization and protection of weapons, weapons components and 
weapons technology and expertise, and for defense and military 
contacts, $357,000,000, to remain available until September 30, 2004: 
Provided, That of the amounts provided under this heading, $15,000,000 
shall be available only to support the dismantling and disposal of 
nuclear submarines and submarine reactor components in the Russian Far 
East.

        Support for International Sporting Competitions, Defense

    For logistical and security support for international sporting 
competitions (including pay and non-travel related allowances only for 
members of the Reserve Components of the Armed Forces of the United 
States called or ordered to active duty in connection with providing 
such support), $15,800,000, to remain available until expended.

                               TITLE III

                              PROCUREMENT

                       Aircraft Procurement, Army

    For construction, procurement, production, modification, and 
modernization of aircraft, equipment, including ordnance, ground 
handling equipment, spare parts, and accessories therefor; specialized 
equipment and training devices; expansion of public and private plants, 
including the land necessary therefor, for the foregoing purposes, and 
such lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools in public and 
private plants; reserve plant and Government and contractor-owned 
equipment layaway; and other expenses necessary for the foregoing 
purposes, $1,893,891,000, to remain available for obligation until 
September 30, 2004.

                       Missile Procurement, Army

    For construction, procurement, production, modification, and 
modernization of missiles, equipment, including ordnance, ground 
handling equipment, spare parts, and accessories therefor; specialized 
equipment and training devices; expansion of public and private plants, 
including the land necessary therefor, for the foregoing purposes, and 
such lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools in public and 
private plants; reserve plant and Government and contractor-owned 
equipment layaway; and other expenses necessary for the foregoing 
purposes, $1,774,154,000, to remain available for obligation until 
September 30, 2004.

        Procurement of Weapons and Tracked Combat Vehicles, Army

    For construction, procurement, production, and modification of 
weapons and tracked combat vehicles, equipment, including ordnance, 
spare parts, and accessories therefor; specialized equipment and 
training devices; expansion of public and private plants, including the 
land necessary therefor, for the foregoing purposes, and such lands and 
interests therein, may be acquired, and construction prosecuted thereon 
prior to approval of title; and procurement and installation of 
equipment, appliances, and machine tools in public and private plants; 
reserve plant and Government and contractor-owned equipment layaway; 
and other expenses necessary for the foregoing purposes, 
$2,174,546,000, to remain available for obligation until September 30, 
2004.

                    Procurement of Ammunition, Army

    For construction, procurement, production, and modification of 
ammunition, and accessories therefor; specialized equipment and 
training devices; expansion of public and private plants, including 
ammunition facilities authorized by section 2854 of title 10, United 
States Code, and the land necessary therefor, for the foregoing 
purposes, and such lands and interests therein, may be acquired, and 
construction prosecuted thereon prior to approval of title; and 
procurement and installation of equipment, appliances, and machine 
tools in public and private plants; reserve plant and Government and 
contractor-owned equipment layaway; and other expenses necessary for 
the foregoing purposes, $1,171,465,000, to remain available for 
obligation until September 30, 2004.

                        Other Procurement, Army

    For construction, procurement, production, and modification of 
vehicles, including tactical, support, and non-tracked combat vehicles; 
the purchase of not to exceed 29 passenger motor vehicles for 
replacement only; and the purchase of 3 vehicles required for physical 
security of personnel, notwithstanding price limitations applicable to 
passenger vehicles but not to exceed $200,000 per vehicle; 
communications and electronic equipment; other support equipment; spare 
parts, ordnance, and accessories therefor; specialized equipment and 
training devices; expansion of public and private plants, including the 
land necessary therefor, for the foregoing purposes, and such lands and 
interests therein, may be acquired, and construction prosecuted thereon 
prior to approval of title; and procurement and installation of 
equipment, appliances, and machine tools in public and private plants; 
reserve plant and Government and contractor-owned equipment layaway; 
and other expenses necessary for the foregoing purposes, 
$4,160,186,000, to remain available for obligation until September 30, 
2004.

                       Aircraft Procurement, Navy

    For construction, procurement, production, modification, and 
modernization of aircraft, equipment, including ordnance, spare parts, 
and accessories therefor; specialized equipment; expansion of public 
and private plants, including the land necessary therefor, and such 
lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools in public and 
private plants; reserve plant and Government and contractor-owned 
equipment layaway, $8,030,043,000, to remain available for obligation 
until September 30, 2004.

                       Weapons Procurement, Navy

    For construction, procurement, production, modification, and 
modernization of missiles, torpedoes, other weapons, and related 
support equipment including spare parts, and accessories therefor; 
expansion of public and private plants, including the land necessary 
therefor, and such lands and interests therein, may be acquired, and 
construction prosecuted thereon prior to approval of title; and 
procurement and installation of equipment, appliances, and machine 
tools in public and private plants; reserve plant and Government and 
contractor-owned equipment layaway, $1,478,075,000, to remain available 
for obligation until September 30, 2004.

            Procurement of Ammunition, Navy and Marine Corps

    For construction, procurement, production, and modification of 
ammunition, and accessories therefor; specialized equipment and 
training devices; expansion of public and private plants, including 
ammunition facilities authorized by section 2854 of title 10, United 
States Code, and the land necessary therefor, for the foregoing 
purposes, and such lands and interests therein, may be acquired, and 
construction prosecuted thereon prior to approval of title; and 
procurement and installation of equipment, appliances, and machine 
tools in public and private plants; reserve plant and Government and 
contractor-owned equipment layaway; and other expenses necessary for 
the foregoing purposes, $442,799,000, to remain available for 
obligation until September 30, 2004.

                   Shipbuilding and Conversion, Navy

    For expenses necessary for the construction, acquisition, or 
conversion of vessels as authorized by law, including armor and 
armament thereof, plant equipment, appliances, and machine tools and 
installation thereof in public and private plants; reserve plant and 
Government and contractor-owned equipment layaway; procurement of 
critical, long leadtime components and designs for vessels to be 
constructed or converted in the future; and expansion of public and 
private plants, including land necessary therefor, and such lands and 
interests therein, may be acquired, and construction prosecuted thereon 
prior to approval of title, as follows:
            Carrier Replacement Program (AP), $138,890,000;
            SSGN (AP), $279,440,000;
            NSSN, $1,608,914,000;
            NSSN (AP), $684,288,000;
            CVN Refuelings, $1,118,124,000;
            CVN Refuelings (AP), $73,707,000;
            Submarine Refuelings, $382,265,000;
            Submarine Refuelings (AP), $77,750,000;
            DDG-51 destroyer program, $2,966,036,000;
            Cruiser conversion (AP), $458,238,000;
            LPD-17 (AP), $155,000,000;
            LHD-8, $267,238,000;
            LCAC landing craft air cushion program, $52,091,000;
            Prior year shipbuilding costs, $725,000,000; and
            For craft, outfitting, post delivery, conversions, and 
        first destination transformation transportation, $307,230,000;
In all: $9,294,211,000, to remain available for obligation until 
September 30, 2006: Provided, That additional obligations may be 
incurred after September 30, 2006, for engineering services, tests, 
evaluations, and other such budgeted work that must be performed in the 
final stage of ship construction: Provided further, That none of the 
funds provided under this heading for the construction or conversion of 
any naval vessel to be constructed in shipyards in the United States 
shall be expended in foreign facilities for the construction of major 
components of such vessel: Provided further, That none of the funds 
provided under this heading shall be used for the construction of any 
naval vessel in foreign shipyards.

                        Other Procurement, Navy

    For procurement, production, and modernization of support equipment 
and materials not otherwise provided for, Navy ordnance (except 
ordnance for new aircraft, new ships, and ships authorized for 
conversion); the purchase of not to exceed 152 passenger motor vehicles 
for replacement only, and the purchase of five vehicles required for 
physical security of personnel, notwithstanding price limitations 
applicable to passenger vehicles but not to exceed $200,000 per unit 
for two units and not to exceed $115,000 per unit for the remaining 
three units; expansion of public and private plants, including the land 
necessary therefor, and such lands and interests therein, may be 
acquired, and construction prosecuted thereon prior to approval of 
title; and procurement and installation of equipment, appliances, and 
machine tools in public and private plants; reserve plant and 
Government and contractor-owned equipment layaway, $4,146,338,000, to 
remain available for obligation until September 30, 2004.

                       Procurement, Marine Corps

    For expenses necessary for the procurement, manufacture, and 
modification of missiles, armament, military equipment, spare parts, 
and accessories therefor; plant equipment, appliances, and machine 
tools, and installation thereof in public and private plants; reserve 
plant and Government and contractor-owned equipment layaway; vehicles 
for the Marine Corps, including the purchase of not to exceed 25 
passenger motor vehicles for replacement only; and expansion of public 
and private plants, including land necessary therefor, and such lands 
and interests therein, may be acquired, and construction prosecuted 
thereon prior to approval of title, $974,054,000, to remain available 
for obligation until September 30, 2004.

                    Aircraft Procurement, Air Force

    For construction, procurement, lease, and modification of aircraft 
and equipment, including armor and armament, specialized ground 
handling equipment, and training devices, spare parts, and accessories 
therefor; specialized equipment; expansion of public and private 
plants, Government-owned equipment and installation thereof in such 
plants, erection of structures, and acquisition of land, for the 
foregoing purposes, and such lands and interests therein, may be 
acquired, and construction prosecuted thereon prior to approval of 
title; reserve plant and Government and contractor-owned equipment 
layaway; and other expenses necessary for the foregoing purposes 
including rents and transportation of things, $10,617,332,000, to 
remain available for obligation until September 30, 2004.

                     Missile Procurement, Air Force

    For construction, procurement, and modification of missiles, 
spacecraft, rockets, and related equipment, including spare parts and 
accessories therefor, ground handling equipment, and training devices; 
expansion of public and private plants, Government-owned equipment and 
installation thereof in such plants, erection of structures, and 
acquisition of land, for the foregoing purposes, and such lands and 
interests therein, may be acquired, and construction prosecuted thereon 
prior to approval of title; reserve plant and Government and 
contractor-owned equipment layaway; and other expenses necessary for 
the foregoing purposes including rents and transportation of things, 
$3,657,522,000, to remain available for obligation until September 30, 
2004.

                  Procurement of Ammunition, Air Force

    For construction, procurement, production, and modification of 
ammunition, and accessories therefor; specialized equipment and 
training devices; expansion of public and private plants, including 
ammunition facilities authorized by section 2854 of title 10, United 
States Code, and the land necessary therefor, for the foregoing 
purposes, and such lands and interests therein, may be acquired, and 
construction prosecuted thereon prior to approval of title; and 
procurement and installation of equipment, appliances, and machine 
tools in public and private plants; reserve plant and Government and 
contractor-owned equipment layaway; and other expenses necessary for 
the foregoing purposes, $873,344,000, to remain available for 
obligation until September 30, 2004.

                      Other Procurement, Air Force

    For procurement and modification of equipment (including ground 
guidance and electronic control equipment, and ground electronic and 
communication equipment), and supplies, materials, and spare parts 
therefor, not otherwise provided for; the purchase of not to exceed 216 
passenger motor vehicles for replacement only, and the purchase of 
three vehicles required for physical security of personnel, 
notwithstanding price limitations applicable to passenger vehicles but 
not to exceed $200,000; lease of passenger motor vehicles; and 
expansion of public and private plants, Government-owned equipment and 
installation thereof in such plants, erection of structures, and 
acquisition of land, for the foregoing purposes, and such lands and 
interests therein, may be acquired, and construction prosecuted 
thereon, prior to approval of title; reserve plant and Government and 
contractor-owned equipment layaway, $8,144,174,000, to remain available 
for obligation until September 30, 2004.

                       Procurement, Defense-Wide

    For expenses of activities and agencies of the Department of 
Defense (other than the military departments) necessary for 
procurement, production, and modification of equipment, supplies, 
materials, and spare parts therefor, not otherwise provided for; the 
purchase of not to exceed 115 passenger motor vehicles for replacement 
only; the purchase of 10 vehicles required for physical security of 
personnel, notwithstanding price limitations applicable to passenger 
vehicles but not to exceed $250,000 per vehicle; expansion of public 
and private plants, equipment, and installation thereof in such plants, 
erection of structures, and acquisition of land for the foregoing 
purposes, and such lands and interests therein, may be acquired, and 
construction prosecuted thereon prior to approval of title; reserve 
plant and Government and contractor-owned equipment layaway, 
$1,473,795,000, to remain available for obligation until September 30, 
2004.

                    Defense Production Act Purchases

    For activities by the Department of Defense pursuant to sections 
108, 301, 302, and 303 of the Defense Production Act of 1950 (50 U.S.C. 
App. 2078, 2091, 2092, and 2093), $15,000,000 to remain available until 
expended, of which, $3,000,000 may be used for a Processible Rigid-Rod 
Polymeric Material Supplier Initiative under title III of the Defense 
Production Act of 1950 (50 U.S.C. App. 2091 et seq.) to develop 
affordable production methods and a domestic supplier for military and 
commercial processible rigid-rod materials.

                  National Guard and Reserve Equipment

    For procurement of aircraft, missiles, tracked combat vehicles, 
ammunition, other weapons, and other procurement for the reserve 
components of the Armed Forces, $560,505,000, to remain available for 
obligation until September 30, 2004: Provided, That the Chiefs of the 
Reserve and National Guard components shall, not later than 30 days 
after the enactment of this Act, individually submit to the 
congressional defense committees the modernization priority assessment 
for their respective Reserve or National Guard component.

                                TITLE IV

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Army

    For expenses necessary for basic and applied scientific research, 
development, test and evaluation, including maintenance, 
rehabilitation, lease, and operation of facilities and equipment, 
$6,742,123,000, to remain available for obligation until September 30, 
2003.

            Research, Development, Test and Evaluation, Navy

    For expenses necessary for basic and applied scientific research, 
development, test and evaluation, including maintenance, 
rehabilitation, lease, and operation of facilities and equipment, 
$10,742,710,000, to remain available for obligation until September 30, 
2003.

         Research, Development, Test and Evaluation, Air Force

    For expenses necessary for basic and applied scientific research, 
development, test and evaluation, including maintenance, 
rehabilitation, lease, and operation of facilities and equipment, 
$13,859,401,000, to remain available for obligation until September 30, 
2003.

        Research, Development, Test and Evaluation, Defense-Wide

    For expenses of activities and agencies of the Department of 
Defense (other than the military departments), necessary for basic and 
applied scientific research, development, test and evaluation; advanced 
research projects as may be designated and determined by the Secretary 
of Defense, pursuant to law; maintenance, rehabilitation, lease, and 
operation of facilities and equipment, $14,445,589,000, to remain 
available for obligation until September 30, 2003.

                Operational Test and Evaluation, Defense

    For expenses, not otherwise provided for, necessary for the 
independent activities of the Director, Operational Test and Evaluation 
in the direction and supervision of operational test and evaluation, 
including initial operational test and evaluation which is conducted 
prior to, and in support of, production decisions; joint operational 
testing and evaluation; and administrative expenses in connection 
therewith, $216,855,000, to remain available for obligation until 
September 30, 2003.

                                TITLE V

                     REVOLVING AND MANAGEMENT FUNDS

                     Defense Working Capital Funds

    For the Defense Working Capital Funds; $1,826,986,000: Provided, 
That during fiscal year 2002, funds in the Defense Working Capital 
Funds may be used for the purchase of not to exceed 330 passenger 
carrying motor vehicles for replacement only for the Defense Security 
Service.

                     National Defense Sealift Fund

    For National Defense Sealift Fund programs, projects, and 
activities, and for expenses of the National Defense Reserve Fleet, as 
established by section 11 of the Merchant Ship Sales Act of 1946 (50 
U.S.C. App. 1744), $407,408,000, to remain available until expended: 
Provided, That none of the funds provided in this paragraph shall be 
used to award a new contract that provides for the acquisition of any 
of the following major components unless such components are 
manufactured in the United States: auxiliary equipment, including 
pumps, for all shipboard services; propulsion system components (that 
is; engines, reduction gears, and propellers); shipboard cranes; and 
spreaders for shipboard cranes: Provided further, That the exercise of 
an option in a contract awarded through the obligation of previously 
appropriated funds shall not be considered to be the award of a new 
contract: Provided further, That the Secretary of the military 
department responsible for such procurement may waive the restrictions 
in the first proviso on a case-by-case basis by certifying in writing 
to the Committees on Appropriations of the House of Representatives and 
the Senate that adequate domestic supplies are not available to meet 
Department of Defense requirements on a timely basis and that such an 
acquisition must be made in order to acquire capability for national 
security purposes.

                                TITLE VI

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

    For expenses, not otherwise provided for, for medical and health 
care programs of the Department of Defense, as authorized by law, 
$18,376,404,000, of which $17,656,185,000 shall be for Operation and 
maintenance, of which not to exceed 2 percent shall remain available 
until September 30, 2003; of which $267,915,000, to remain available 
for obligation until September 30, 2004, shall be for Procurement; of 
which $452,304,000, to remain available for obligation until September 
30, 2003, shall be for Research, development, test and evaluation.

            Chemical Agents and Munitions Destruction, Army

    For expenses, not otherwise provided for, necessary for the 
destruction of the United States stockpile of lethal chemical agents 
and munitions in accordance with the provisions of section 1412 of the 
Department of Defense Authorization Act, 1986 (50 U.S.C. 1521), and for 
the destruction of other chemical warfare materials that are not in the 
chemical weapon stockpile, $1,104,557,000, of which $739,020,000 shall 
be for Operation and maintenance to remain available until September 
30, 2003, $164,158,000 shall be for Procurement to remain available 
until September 30, 2004, and $201,379,000 shall be for Research, 
development, test and evaluation to remain available until September 
30, 2003.

         Drug Interdiction and Counter-Drug Activities, Defense

                     (including transfer of funds)

    For drug interdiction and counter-drug activities of the Department 
of Defense, for transfer to appropriations available to the Department 
of Defense for military personnel of the reserve components serving 
under the provisions of title 10 and title 32, United States Code; for 
Operation and maintenance; for Procurement; and for Research, 
development, test and evaluation, $865,981,000: Provided, That the 
funds appropriated under this heading shall be available for obligation 
for the same time period and for the same purpose as the appropriation 
to which transferred: Provided further, That upon a determination 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 the 
transfer authority provided under this heading is in addition to any 
other transfer authority contained elsewhere in this Act.

                    Office of the Inspector General

    For expenses and activities of the Office of the Inspector General 
in carrying out the provisions of the Inspector General Act of 1978, as 
amended, $152,021,000, of which $150,221,000 shall be for Operation and 
maintenance, of which not to exceed $700,000 is available for 
emergencies and extraordinary expenses to be expended on the approval 
or authority of the Inspector General, and payments may be made on the 
Inspector General's certificate of necessity for confidential military 
purposes; and of which $1,800,000 to remain available until September 
30, 2004, shall be for Procurement.

                               TITLE VII

                            RELATED AGENCIES

                      CENTRAL INTELLIGENCE AGENCY

   Central Intelligence Agency Retirement and Disability System Fund

    For payment to the Central Intelligence Agency Retirement and 
Disability System Fund, to maintain the proper funding level for 
continuing the operation of the Central Intelligence Agency Retirement 
and Disability System, $212,000,000.

               INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

               Intelligence Community Management Account

                     (including transfer of funds)

    For necessary expenses of the Intelligence Community Management 
Account, $144,776,000, of which $28,003,000 for the Advanced Research 
and Development Committee shall remain available until September 30, 
2003: Provided, That of the funds appropriated under this heading, 
$27,000,000 shall be transferred to the Department of Justice for the 
National Drug Intelligence Center to support the Department of 
Defense's counter-drug intelligence responsibilities, and of the said 
amount, $1,500,000 for Procurement shall remain available until 
September 30, 2004, and $1,000,000 for Research, development, test and 
evaluation shall remain available until September 30, 2003: Provided 
further, That the National Drug Intelligence Center shall maintain the 
personnel and technical resources to provide timely support to law 
enforcement authorities to conduct document exploitation of materials 
collected in Federal, State, and local law enforcement activity.

Payment to Kaho'olawe Island Conveyance, Remediation, and Environmental 
                            Restoration Fund

    For payment to Kaho'olawe Island Conveyance, Remediation, and 
Environmental Restoration Fund, as authorized by law, $75,000,000, to 
remain available until expended.

                 National Security Education Trust Fund

    For the purposes of title VIII of Public Law 102-183, $8,000,000, 
to be derived from the National Security Education Trust Fund, to 
remain available until expended.

                               TITLE VIII

               GENERAL PROVISIONS--DEPARTMENT OF DEFENSE

    Sec. 8001. No part of any appropriation contained in this Act shall 
be used for publicity or propaganda purposes not authorized by the 
Congress.
    Sec. 8002. During the current fiscal year, provisions of law 
prohibiting the payment of compensation to, or employment of, any 
person not a citizen of the United States shall not apply to personnel 
of the Department of Defense: Provided, That salary increases granted 
to direct and indirect hire foreign national employees of the 
Department of Defense funded by this Act shall not be at a rate in 
excess of the percentage increase authorized by law for civilian 
employees of the Department of Defense whose pay is computed under the 
provisions of section 5332 of title 5, United States Code, or at a rate 
in excess of the percentage increase provided by the appropriate host 
nation to its own employees, whichever is higher: Provided further, 
That this section shall not apply to Department of Defense foreign 
service national employees serving at United States diplomatic missions 
whose pay is set by the Department of State under the Foreign Service 
Act of 1980: Provided further, That the limitations of this provision 
shall not apply to foreign national employees of the Department of 
Defense in the Republic of Turkey.
    Sec. 8003. 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. 8004. No more than 20 percent of the appropriations in this 
Act which are limited for obligation during the current fiscal year 
shall be obligated during the last 2 months of the fiscal year: 
Provided, That this section shall not apply to obligations for support 
of active duty training of reserve components or summer camp training 
of the Reserve Officers' Training Corps.

                          (transfer of funds)

    Sec. 8005. Upon determination by the Secretary of Defense that such 
action is necessary in the national interest, he may, with the approval 
of the Office of Management and Budget, transfer not to exceed 
$1,500,000,000 of working capital funds of the Department of Defense or 
funds made available in this Act to the Department of Defense for 
military functions (except military construction) between such 
appropriations or funds or any subdivision thereof, to be merged with 
and to be available for the same purposes, and for the same time 
period, as the appropriation or fund to which transferred: Provided, 
That such authority to transfer may not be used unless for higher 
priority items, based on unforeseen military requirements, than those 
for which originally appropriated and in no case where the item for 
which funds are requested has been denied by the Congress: Provided 
further, That the Secretary of Defense shall notify the Congress 
promptly of all transfers made pursuant to this authority or any other 
authority in this Act: Provided further, That no part of the funds in 
this Act shall be available to prepare or present a request to the 
Committees on Appropriations for reprogramming of funds, unless for 
higher priority items, based on unforeseen military requirements, than 
those for which originally appropriated and in no case where the item 
for which reprogramming is requested has been denied by the Congress: 
Provided further, That a request for multiple reprogrammings of funds 
using authority provided in this section must be made prior to March 
31, 2002.

                          (transfer of funds)

    Sec. 8006. During the current fiscal year, cash balances in working 
capital funds of the Department of Defense established pursuant to 
section 2208 of title 10, United States Code, may be maintained in only 
such amounts as are necessary at any time for cash disbursements to be 
made from such funds: Provided, That transfers may be made between such 
funds: Provided further, That transfers may be made between working 
capital funds and the ``Foreign Currency Fluctuations, Defense'' 
appropriation and the ``Operation and Maintenance'' appropriation 
accounts in such amounts as may be determined by the Secretary of 
Defense, with the approval of the Office of Management and Budget, 
except that such transfers may not be made unless the Secretary of 
Defense has notified the Congress of the proposed transfer. Except in 
amounts equal to the amounts appropriated to working capital funds in 
this Act, no obligations may be made against a working capital fund to 
procure or increase the value of war reserve material inventory, unless 
the Secretary of Defense has notified the Congress prior to any such 
obligation.
    Sec. 8007. Funds appropriated by this Act may not be used to 
initiate a special access program without prior notification 30 
calendar days in session in advance to the congressional defense 
committees.
    Sec. 8008. None of the funds provided in this Act shall be 
available to initiate: (1) a multiyear contract that employs economic 
order quantity procurement in excess of $20,000,000 in any 1 year of 
the contract or that includes an unfunded contingent liability in 
excess of $20,000,000; or (2) a contract for advance procurement 
leading to a multiyear contract that employs economic order quantity 
procurement in excess of $20,000,000 in any 1 year, unless the 
congressional defense committees have been notified at least 30 days in 
advance of the proposed contract award: Provided, That no part of any 
appropriation contained in this Act shall be available to initiate a 
multiyear contract for which the economic order quantity advance 
procurement is not funded at least to the limits of the Government's 
liability: Provided further, That no part of any appropriation 
contained in this Act shall be available to initiate multiyear 
procurement contracts for any systems or component thereof if the value 
of the multiyear contract would exceed $500,000,000 unless specifically 
provided in this Act: Provided further, That no multiyear procurement 
contract can be terminated without 10-day prior notification to the 
congressional defense committees: Provided further, That the execution 
of multiyear authority shall require the use of a present value 
analysis to determine lowest cost compared to an annual procurement.
    Funds appropriated in title III of this Act may be used for 
multiyear procurement contracts as follows:
            C-17; and
            F/A-18E and F engine.
    Sec. 8009. Within the funds appropriated for the operation and 
maintenance of the Armed Forces, funds are hereby appropriated pursuant 
to section 401 of title 10, United States Code, for humanitarian and 
civic assistance costs under chapter 20 of title 10, United States 
Code. Such funds may also be obligated for humanitarian and civic 
assistance costs incidental to authorized operations and pursuant to 
authority granted in section 401 of chapter 20 of title 10, United 
States Code, and these obligations shall be reported to the Congress on 
September 30 of each year: Provided, That funds available for operation 
and maintenance shall be available for providing humanitarian and 
similar assistance by using Civic Action Teams in the Trust Territories 
of the Pacific Islands and freely associated states of Micronesia, 
pursuant to the Compact of Free Association as authorized by Public Law 
99-239: Provided further, That upon a determination by the Secretary of 
the Army that such action is beneficial for graduate medical education 
programs conducted at Army medical facilities located in Hawaii, the 
Secretary of the Army may authorize the provision of medical services 
at such facilities and transportation to such facilities, on a 
nonreimbursable basis, for civilian patients from American Samoa, the 
Commonwealth of the Northern Mariana Islands, the Marshall Islands, the 
Federated States of Micronesia, Palau, and Guam.
    Sec. 8010. (a) During fiscal year 2002, the civilian personnel of 
the Department of Defense may not be managed on the basis of any end-
strength, and the management of such personnel during that fiscal year 
shall not be subject to any constraint or limitation (known as an end-
strength) on the number of such personnel who may be employed on the 
last day of such fiscal year.
    (b) The fiscal year 2003 budget request for the Department of 
Defense as well as all justification material and other documentation 
supporting the fiscal year 2002 Department of Defense budget request 
shall be prepared and submitted to the Congress as if subsections (a) 
and (b) of this provision were effective with regard to fiscal year 
2003.
    (c) Nothing in this section shall be construed to apply to military 
(civilian) technicians.
    Sec. 8011. Notwithstanding any other provision of law, none of the 
funds made available by this Act shall be used by the Department of 
Defense to exceed, outside the 50 United States, its territories, and 
the District of Columbia, 125,000 civilian workyears: Provided, That 
workyears shall be applied as defined in the Federal Personnel Manual: 
Provided further, That workyears expended in dependent student hiring 
programs for disadvantaged youths shall not be included in this 
workyear limitation.
    Sec. 8012. None of the funds made available by this Act shall be 
used in any way, directly or indirectly, to influence congressional 
action on any legislation or appropriation matters pending before the 
Congress.
    Sec. 8013. None of the funds appropriated by this Act shall be 
available for the basic pay and allowances of any member of the Army 
participating as a full-time student and receiving benefits paid by the 
Secretary of Veterans Affairs from the Department of Defense Education 
Benefits Fund when time spent as a full-time student is credited toward 
completion of a service commitment: Provided, That this subsection 
shall not apply to those members who have reenlisted with this option 
prior to October 1, 1987: Provided further, That this subsection 
applies only to active components of the Army.
    Sec. 8014. None of the funds appropriated by this Act shall be 
available to convert to contractor performance an activity or function 
of the Department of Defense that, on or after the date of the 
enactment of this Act, is performed by more than 10 Department of 
Defense civilian employees until a most efficient and cost-effective 
organization analysis is completed on such activity or function and 
certification of the analysis is made to the Committees on 
Appropriations of the House of Representatives and the Senate: 
Provided, That this section and subsections (a), (b), and (c) of 10 
U.S.C. 2461 shall not apply to a commercial or industrial type function 
of the Department of Defense that: (1) is included on the procurement 
list established pursuant to section 2 of the Act of June 25, 1938 (41 
U.S.C. 47), popularly referred to as the Javits-Wagner-O'Day Act; (2) 
is planned to be converted to performance by a qualified nonprofit 
agency for the blind or by a qualified nonprofit agency for other 
severely handicapped individuals in accordance with that Act; or (3) is 
planned to be converted to performance by a qualified firm under 51 
percent ownership by an Indian tribe, as defined in section 450b(e) of 
title 25, United States Code, or a Native Hawaiian organization, as 
defined in section 637(a)(15) of title 15, United States Code.

                          (transfer of funds)

    Sec. 8015. Funds appropriated in title III of this Act for the 
Department of Defense Pilot Mentor-Protege Program may be transferred 
to any other appropriation contained in this Act solely for the purpose 
of implementing a Mentor-Protege Program developmental assistance 
agreement pursuant to section 831 of the National Defense Authorization 
Act for Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2301 note), as 
amended, under the authority of this provision or any other transfer 
authority contained in this Act.
    Sec. 8016. None of the funds in this Act may be available for the 
purchase by the Department of Defense (and its departments and 
agencies) of welded shipboard anchor and mooring chain 4 inches in 
diameter and under unless the anchor and mooring chain are manufactured 
in the United States from components which are substantially 
manufactured in the United States: Provided, That for the purpose of 
this section manufactured will include cutting, heat treating, quality 
control, testing of chain and welding (including the forging and shot 
blasting process): Provided further, That for the purpose of this 
section substantially all of the components of anchor and mooring chain 
shall be considered to be produced or manufactured in the United States 
if the aggregate cost of the components produced or manufactured in the 
United States exceeds the aggregate cost of the components produced or 
manufactured outside the United States: Provided further, That when 
adequate domestic supplies are not available to meet Department of 
Defense requirements on a timely basis, the Secretary of the service 
responsible for the procurement may waive this restriction on a case-
by-case basis by certifying in writing to the Committees on 
Appropriations that such an acquisition must be made in order to 
acquire capability for national security purposes.
    Sec. 8017. None of the funds appropriated by this Act available for 
the Civilian Health and Medical Program of the Uniformed Services 
(CHAMPUS) or TRICARE shall be available for the reimbursement of any 
health care provider for inpatient mental health service for care 
received when a patient is referred to a provider of inpatient mental 
health care or residential treatment care by a medical or health care 
professional having an economic interest in the facility to which the 
patient is referred: Provided, That this limitation does not apply in 
the case of inpatient mental health services provided under the program 
for persons with disabilities under subsection (d) of section 1079 of 
title 10, United States Code, provided as partial hospital care, or 
provided pursuant to a waiver authorized by the Secretary of Defense 
because of medical or psychological circumstances of the patient that 
are confirmed by a health professional who is not a Federal employee 
after a review, pursuant to rules prescribed by the Secretary, which 
takes into account the appropriate level of care for the patient, the 
intensity of services required by the patient, and the availability of 
that care.
    Sec. 8018. Funds available in this Act and hereafter may be used to 
provide transportation for the next-of-kin of individuals who have been 
prisoners of war or missing in action from the Vietnam era to an annual 
meeting in the United States, under such regulations as the Secretary 
of Defense may prescribe.
    Sec. 8019. Notwithstanding any other provision of law, during the 
current fiscal year, the Secretary of Defense may, by executive 
agreement, establish with host nation governments in NATO member states 
a separate account into which such residual value amounts negotiated in 
the return of United States military installations in NATO member 
states may be deposited, in the currency of the host nation, in lieu of 
direct monetary transfers to the United States Treasury: Provided, That 
such credits may be utilized only for the construction of facilities to 
support United States military forces in that host nation, or such real 
property maintenance and base operating costs that are currently 
executed through monetary transfers to such host nations: Provided 
further, That the Department of Defense's budget submission for fiscal 
year 2002 shall identify such sums anticipated in residual value 
settlements, and identify such construction, real property maintenance 
or base operating costs that shall be funded by the host nation through 
such credits: Provided further, That all military construction projects 
to be executed from such accounts must be previously approved in a 
prior Act of Congress: Provided further, That each such executive 
agreement with a NATO member host nation shall be reported to the 
congressional defense committees, the Committee on International 
Relations of the House of Representatives and the Committee on Foreign 
Relations of the Senate 30 days prior to the conclusion and endorsement 
of any such agreement established under this provision.
    Sec. 8020. None of the funds available to the Department of Defense 
may be used to demilitarize or dispose of M-1 Carbines, M-1 Garand 
rifles, M-14 rifles, .22 caliber rifles, .30 caliber rifles, or M-1911 
pistols.
    Sec. 8021. No more than $500,000 of the funds appropriated or made 
available in this Act shall be used during a single fiscal year for any 
single relocation of an organization, unit, activity or function of the 
Department of Defense into or within the National Capital Region: 
Provided, That the Secretary of Defense may waive this restriction on a 
case-by-case basis by certifying in writing to the congressional 
defense committees that such a relocation is required in the best 
interest of the Government.
    Sec. 8022. In addition to the funds provided elsewhere in this Act, 
$8,000,000 is appropriated only for incentive payments authorized by 
section 504 of the Indian Financing Act of 1974 (25 U.S.C. 1544): 
Provided, That a subcontractor at any tier shall be considered a 
contractor for the purposes of being allowed additional compensation 
under section 504 of the Indian Financing Act of 1974 (25 U.S.C. 1544).
    Sec. 8023. During the current fiscal year and hereafter, funds 
appropriated or otherwise available for any Federal agency, the 
Congress, the judicial branch, or the District of Columbia may be used 
for the pay, allowances, and benefits of an employee as defined by 
section 2105 of title 5, United States Code, or an individual employed 
by the government of the District of Columbia, permanent or temporary 
indefinite, who--
            (1) is a member of a Reserve component of the Armed Forces, 
        as described in section 10101 of title 10, United States Code, 
        or the National Guard, as described in section 101 of title 32, 
        United States Code;
            (2) performs, for the purpose of providing military aid to 
        enforce the law or providing assistance to civil authorities in 
        the protection or saving of life or property or prevention of 
        injury--
                    (A) Federal service under sections 331, 332, 333, 
                or 12406 of title 10, United States Code, or other 
                provision of law, as applicable; or
                    (B) full-time military service for his or her 
                State, the District of Columbia, the Commonwealth of 
                Puerto Rico, or a territory of the United States; and
            (3) requests and is granted--
                    (A) leave under the authority of this section; or
                    (B) annual leave, which may be granted without 
                regard to the provisions of sections 5519 and 6323(b) 
                of title 5, United States Code, if such employee is 
                otherwise entitled to such annual leave:
Provided, That any employee who requests leave under subsection (3)(A) 
for service described in subsection (2) of this section is entitled to 
such leave, subject to the provisions of this section and of the last 
sentence of section 6323(b) of title 5, United States Code, and such 
leave shall be considered leave under section 6323(b) of title 5, 
United States Code.
    Sec. 8024. None of the funds appropriated by this Act shall be 
available to perform any cost study pursuant to the provisions of OMB 
Circular A-76 if the study being performed exceeds a period of 24 
months after initiation of such study with respect to a single function 
activity or 48 months after initiation of such study for a multi-
function activity.
    Sec. 8025. Funds appropriated by this Act for the American Forces 
Information Service shall not be used for any national or international 
political or psychological activities.
    Sec. 8026. Notwithstanding any other provision of law or 
regulation, the Secretary of Defense may adjust wage rates for civilian 
employees hired for certain health care occupations as authorized for 
the Secretary of Veterans Affairs by section 7455 of title 38, United 
States Code.
    Sec. 8027. Of the funds made available in this Act, not less than 
$61,100,000 shall be available to maintain an attrition reserve force 
of 18 B-52 aircraft, of which $3,300,000 shall be available from 
``Military Personnel, Air Force'', $37,400,000 shall be available from 
``Operation and Maintenance, Air Force'', and $20,400,000 shall be 
available from ``Aircraft Procurement, Air Force'': Provided, That the 
Secretary of the Air Force shall maintain a total force of 94 B-52 
aircraft, including 18 attrition reserve aircraft, during fiscal year 
2002: Provided further, That the Secretary of Defense shall include in 
the Air Force budget request for fiscal year 2003 amounts sufficient to 
maintain a B-52 force totaling 94 aircraft.
    Sec. 8028. (a) Of the funds for the procurement of supplies or 
services appropriated by this Act, qualified nonprofit agencies for the 
blind or other severely handicapped shall be afforded the maximum 
practicable opportunity to participate as subcontractors and suppliers 
in the performance of contracts let by the Department of Defense.
    (b) During the current fiscal year, a business concern which has 
negotiated with a military service or defense agency a subcontracting 
plan for the participation by small business concerns pursuant to 
section 8(d) of the Small Business Act (15 U.S.C. 637(d)) shall be 
given credit toward meeting that subcontracting goal for any purchases 
made from qualified nonprofit agencies for the blind or other severely 
handicapped.
    (c) For the purpose of this section, the phrase ``qualified 
nonprofit agency for the blind or other severely handicapped'' means a 
nonprofit agency for the blind or other severely handicapped that has 
been approved by the Committee for the Purchase from the Blind and 
Other Severely Handicapped under the Javits-Wagner-O'Day Act (41 U.S.C. 
46-48).
    Sec. 8029. During the current fiscal year, net receipts pursuant to 
collections from third party payers pursuant to section 1095 of title 
10, United States Code, shall be made available to the local facility 
of the uniformed services responsible for the collections and shall be 
over and above the facility's direct budget amount.
    Sec. 8030. During the current fiscal year, the Department of 
Defense is authorized to incur obligations of not to exceed 
$350,000,000 for purposes specified in section 2350j(c) of title 10, 
United States Code, in anticipation of receipt of contributions, only 
from the Government of Kuwait, under that section: Provided, That upon 
receipt, such contributions from the Government of Kuwait shall be 
credited to the appropriations or fund which incurred such obligations.
    Sec. 8031. Of the funds made available in this Act, not less than 
$24,303,000 shall be available for the Civil Air Patrol Corporation, of 
which $22,803,000 shall be available for Civil Air Patrol Corporation 
operation and maintenance to support readiness activities which 
includes $1,500,000 for the Civil Air Patrol counterdrug program: 
Provided, That funds identified for ``Civil Air Patrol'' under this 
section are intended for and shall be for the exclusive use of the 
Civil Air Patrol Corporation and not for the Air Force or any unit 
thereof.
    Sec. 8032. (a) None of the funds appropriated in this Act are 
available to establish a new Department of Defense (department) 
federally funded research and development center (FFRDC), either as a 
new entity, or as a separate entity administrated by an organization 
managing another FFRDC, or as a nonprofit membership corporation 
consisting of a consortium of other FFRDCs and other non-profit 
entities.
    (b) No member of a Board of Directors, Trustees, Overseers, 
Advisory Group, Special Issues Panel, Visiting Committee, or any 
similar entity of a defense FFRDC, and no paid consultant to any 
defense FFRDC, except when acting in a technical advisory capacity, may 
be compensated for his or her services as a member of such entity, or 
as a paid consultant by more than one FFRDC in a fiscal year: Provided, 
That a member of any such entity referred to previously in this 
subsection shall be allowed travel expenses and per diem as authorized 
under the Federal Joint Travel Regulations, when engaged in the 
performance of membership duties.
    (c) Notwithstanding any other provision of law, none of the funds 
available to the department from any source during fiscal year 2002 may 
be used by a defense FFRDC, through a fee or other payment mechanism, 
for construction of new buildings, for payment of cost sharing for 
projects funded by Government grants, for absorption of contract 
overruns, or for certain charitable contributions, not to include 
employee participation in community service and/or development.
    (d) Notwithstanding any other provision of law, of the funds 
available to the department during fiscal year 2002, not more than 
6,227 staff years of technical effort (staff years) may be funded for 
defense FFRDCs: Provided, That of the specific amount referred to 
previously in this subsection, not more than 1,029 staff years may be 
funded for the defense studies and analysis FFRDCs.
    (e) The Secretary of Defense shall, with the submission of the 
department's fiscal year 2003 budget request, submit a report 
presenting the specific amounts of staff years of technical effort to 
be allocated for each defense FFRDC during that fiscal year.
    (f) Notwithstanding any other provision of this Act, the total 
amount appropriated in this Act for FFRDCs is hereby reduced by 
$60,000,000.
    Sec. 8033. None of the funds appropriated or made available in this 
Act shall be used to procure carbon, alloy or armor steel plate for use 
in any Government-owned facility or property under the control of the 
Department of Defense which were not melted and rolled in the United 
States or Canada: Provided, That these procurement restrictions shall 
apply to any and all Federal Supply Class 9515, American Society of 
Testing and Materials (ASTM) or American Iron and Steel Institute 
(AISI) specifications of carbon, alloy or armor steel plate: Provided 
further, That the Secretary of the military department responsible for 
the procurement may waive this restriction on a case-by-case basis by 
certifying in writing to the Committees on Appropriations of the House 
of Representatives and the Senate that adequate domestic supplies are 
not available to meet Department of Defense requirements on a timely 
basis and that such an acquisition must be made in order to acquire 
capability for national security purposes: Provided further, That these 
restrictions shall not apply to contracts which are in being as of the 
date of the enactment of this Act.
    Sec. 8034. For the purposes of this Act, the term ``congressional 
defense committees'' means the Armed Services Committee of the House of 
Representatives, the Armed Services Committee of the Senate, the 
Subcommittee on Defense of the Committee on Appropriations of the 
Senate, and the Subcommittee on Defense of the Committee on 
Appropriations of the House of Representatives.
    Sec. 8035. During the current fiscal year, the Department of 
Defense may acquire the modification, depot maintenance and repair of 
aircraft, vehicles and vessels as well as the production of components 
and other Defense-related articles, through competition between 
Department of Defense depot maintenance activities and private firms: 
Provided, That the Senior Acquisition Executive of the military 
department or defense agency concerned, with power of delegation, shall 
certify that successful bids include comparable estimates of all direct 
and indirect costs for both public and private bids: Provided further, 
That Office of Management and Budget Circular A-76 shall not apply to 
competitions conducted under this section.
    Sec. 8036. (a)(1) If the Secretary of Defense, after consultation 
with the United States Trade Representative, determines that a foreign 
country which is party to an agreement described in paragraph (2) has 
violated the terms of the agreement by discriminating against certain 
types of products produced in the United States that are covered by the 
agreement, the Secretary of Defense shall rescind the Secretary's 
blanket waiver of the Buy American Act with respect to such types of 
products produced in that foreign country.
    (2) An agreement referred to in paragraph (1) is any reciprocal 
defense procurement memorandum of understanding, between the United 
States and a foreign country pursuant to which the Secretary of Defense 
has prospectively waived the Buy American Act for certain products in 
that country.
    (b) The Secretary of Defense shall submit to the Congress a report 
on the amount of Department of Defense purchases from foreign entities 
in fiscal year 2001. Such report shall separately indicate the dollar 
value of items for which the Buy American Act was waived pursuant to 
any agreement described in subsection (a)(2), the Trade Agreement Act 
of 1979 (19 U.S.C. 2501 et seq.), or any international agreement to 
which the United States is a party.
    (c) For purposes of this section, the term ``Buy American Act'' 
means title III of the Act entitled ``An Act making appropriations for 
the Treasury and Post Office Departments for the fiscal year ending 
June 30, 1934, and for other purposes'', approved March 3, 1933 (41 
U.S.C. 10a et seq.).
    Sec. 8037. Appropriations contained in this Act that remain 
available at the end of the current fiscal year as a result of energy 
cost savings realized by the Department of Defense shall remain 
available for obligation for the next fiscal year to the extent, and 
for the purposes, provided in section 2865 of title 10, United States 
Code.

                     (including transfer of funds)

    Sec. 8038. Amounts deposited during the current fiscal year to the 
special account established under 40 U.S.C. 485(h)(2) and to the 
special account established under 10 U.S.C. 2667(d)(1) are appropriated 
and shall be available until transferred by the Secretary of Defense to 
current applicable appropriations or funds of the Department of Defense 
under the terms and conditions specified by 40 U.S.C. 485(h)(2)(A) and 
(B) and 10 U.S.C. 2667(d)(1)(B), to be merged with and to be available 
for the same time period and the same purposes as the appropriation to 
which transferred.
    Sec. 8039. The Under Secretary of Defense (Comptroller) shall 
submit to the congressional defense committees by February 1, 2002, a 
detailed report identifying, by amount and by separate budget activity, 
activity group, subactivity group, line item, program element, program, 
project, subproject, and activity, any activity for which the fiscal 
year 2003 budget request was reduced because the Congress appropriated 
funds above the President's budget request for that specific activity 
for fiscal year 2002.
    Sec. 8040. Notwithstanding any other provision of law, funds 
available for ``Drug Interdiction and Counter-Drug Activities, 
Defense'' may be obligated for the Young Marines program.

                     (including transfer of funds)

    Sec. 8041. During the current fiscal year, amounts contained in the 
Department of Defense Overseas Military Facility Investment Recovery 
Account established by section 2921(c)(1) of the National Defense 
Authorization Act of 1991 (Public Law 101-510; 10 U.S.C. 2687 note) 
shall be available until expended for the payments specified by section 
2921(c)(2) of that Act.
    Sec. 8042. (a) In General.--Notwithstanding any other provision of 
law, the Secretary of the Air Force may convey at no cost to the Air 
Force, without consideration, to Indian tribes located in the States of 
North Dakota, South Dakota, Montana, and Minnesota relocatable military 
housing units located at Grand Forks Air Force Base and Minot Air Force 
Base that are excess to the needs of the Air Force.
    (b) Processing of Requests.--The Secretary of the Air Force shall 
convey, at no cost to the Air Force, military housing units under 
subsection (a) in accordance with the request for such units that are 
submitted to the Secretary by the Operation Walking Shield Program on 
behalf of Indian tribes located in the States of North Dakota, South 
Dakota, Montana, and Minnesota.
    (c) Resolution of Housing Unit Conflicts.--The Operation Walking 
Shield program shall resolve any conflicts among requests of Indian 
tribes for housing units under subsection (a) before submitting 
requests to the Secretary of the Air Force under subsection (b).
    (d) Indian Tribe Defined.--In this section, the term ``Indian 
tribe'' means any recognized Indian tribe included on the current list 
published by the Secretary of the Interior under section 104 of the 
Federally Recognized Indian Tribe Act of 1994 (Public Law 103-454; 108 
Stat. 4792; 25 U.S.C. 479a-1).
    Sec. 8043. During the current fiscal year, appropriations which are 
available to the Department of Defense for operation and maintenance 
may be used to purchase items having an investment item unit cost of 
not more than $100,000.
    Sec. 8044. (a) During the current fiscal year, none of the 
appropriations or funds available to the Department of Defense Working 
Capital Funds shall be used for the purchase of an investment item for 
the purpose of acquiring a new inventory item for sale or anticipated 
sale during the current fiscal year or a subsequent fiscal year to 
customers of the Department of Defense Working Capital Funds if such an 
item would not have been chargeable to the Department of Defense 
Business Operations Fund during fiscal year 1994 and if the purchase of 
such an investment item would be chargeable during the current fiscal 
year to appropriations made to the Department of Defense for 
procurement.
    (b) The fiscal year 2003 budget request for the Department of 
Defense as well as all justification material and other documentation 
supporting the fiscal year 2003 Department of Defense budget shall be 
prepared and submitted to the Congress on the basis that any equipment 
which was classified as an end item and funded in a procurement 
appropriation contained in this Act shall be budgeted for in a proposed 
fiscal year 2003 procurement appropriation and not in the supply 
management business area or any other area or category of the 
Department of Defense Working Capital Funds.
    Sec. 8045. None of the funds appropriated by this Act for programs 
of the Central Intelligence Agency shall remain available for 
obligation beyond the current fiscal year, except for funds 
appropriated for the Reserve for Contingencies, which shall remain 
available until September 30, 2003: Provided, That funds appropriated, 
transferred, or otherwise credited to the Central Intelligence Agency 
Central Services Working Capital Fund during this or any prior or 
subsequent fiscal year shall remain available until expended.
    Sec. 8046. Notwithstanding any other provision of law, funds made 
available in this Act for the Defense Intelligence Agency may be used 
for the design, development, and deployment of General Defense 
Intelligence Program intelligence communications and intelligence 
information systems for the Services, the Unified and Specified 
Commands, and the component commands.
    Sec. 8047. Of the funds appropriated by the Department of Defense 
under the heading ``Operation and Maintenance, Defense-Wide'', not less 
than $10,000,000 shall be made available only for the mitigation of 
environmental impacts, including training and technical assistance to 
tribes, related administrative support, the gathering of information, 
documenting of environmental damage, and developing a system for 
prioritization of mitigation and cost to complete estimates for 
mitigation, on Indian lands resulting from Department of Defense 
activities.
    Sec. 8048. Amounts collected for the use of the facilities of the 
National Science Center for Communications and Electronics during the 
current fiscal year and hereafter pursuant to section 1459(g) of the 
Department of Defense Authorization Act, 1986, and deposited to the 
special account established under subsection 1459(g)(2) of that Act are 
appropriated and shall be available until expended for the operation 
and maintenance of the Center as provided for in subsection 1459(g)(2).

                          (transfer of funds)

    Sec. 8049. In addition to the amounts appropriated elsewhere in 
this Act, $10,000,000 is hereby appropriated to the Department of 
Defense: Provided, That at the direction of the Assistant Secretary of 
Defense for Reserve Affairs, these funds shall be transferred to the 
Reserve component personnel accounts in Title I of this Act: Provided 
further, That these funds shall be used for incentive and bonus 
programs that address the most pressing recruitment and retention 
issues in the Reserve components.
    Sec. 8050. (a) None of the funds appropriated in this Act may be 
expended by an entity of the Department of Defense unless the entity, 
in expending the funds, complies with the Buy American Act. For 
purposes of this subsection, the term ``Buy American Act'' means title 
III of the Act entitled ``An Act making appropriations for the Treasury 
and Post Office Departments for the fiscal year ending June 30, 1934, 
and for other purposes'', approved March 3, 1933 (41 U.S.C. 10a et 
seq.).
    (b) If the Secretary of Defense determines that a person has been 
convicted of intentionally affixing a label bearing a ``Made in 
America'' inscription to any product sold in or shipped to the United 
States that is not made in America, the Secretary shall determine, in 
accordance with section 2410f of title 10, United States Code, whether 
the person should be debarred from contracting with the Department of 
Defense.
    (c) In the case of any equipment or products purchased with 
appropriations provided under this Act, it is the sense of the Congress 
that any entity of the Department of Defense, in expending the 
appropriation, purchase only American-made equipment and products, 
provided that American-made equipment and products are cost-
competitive, quality-competitive, and available in a timely fashion.
    Sec. 8051. None of the funds appropriated by this Act shall be 
available for a contract for studies, analysis, or consulting services 
entered into without competition on the basis of an unsolicited 
proposal unless the head of the activity responsible for the 
procurement determines--
            (1) as a result of thorough technical evaluation, only one 
        source is found fully qualified to perform the proposed work;
            (2) the purpose of the contract is to explore an 
        unsolicited proposal which offers significant scientific or 
        technological promise, represents the product of original 
        thinking, and was submitted in confidence by one source; or
            (3) the purpose of the contract is to take advantage of 
        unique and significant industrial accomplishment by a specific 
        concern, or to insure that a new product or idea of a specific 
        concern is given financial support:
Provided, That this limitation shall not apply to contracts in an 
amount of less than $25,000, contracts related to improvements of 
equipment that is in development or production, or contracts as to 
which a civilian official of the Department of Defense, who has been 
confirmed by the Senate, determines that the award of such contract is 
in the interest of the national defense.
    Sec. 8052. (a) Except as provided in subsections (b) and (c), none 
of the funds made available by this Act may be used--
            (1) to establish a field operating agency; or
            (2) to pay the basic pay of a member of the Armed Forces or 
        civilian employee of the department who is transferred or 
        reassigned from a headquarters activity if the member or 
        employee's place of duty remains at the location of that 
        headquarters.
    (b) The Secretary of Defense or Secretary of a military department 
may waive the limitations in subsection (a), on a case-by-case basis, 
if the Secretary determines, and certifies to the Committees on 
Appropriations of the House of Representatives and Senate that the 
granting of the waiver will reduce the personnel requirements or the 
financial requirements of the department.
    (c) This section does not apply to field operating agencies funded 
within the National Foreign Intelligence Program.
    Sec. 8053. During the current fiscal year and hereafter, funds 
appropriated or made available by the transfer of funds in this or 
subsequent Appropriations Acts, for intelligence activities are deemed 
to be specifically authorized by the Congress for purposes of section 
504 of the National Security Act of 1947 (50 U.S.C. 414) until the 
enactment of the Intelligence Authorization Act for that fiscal year 
and funds appropriated or made available by transfer of funds in any 
subsequent Supplemental Appropriations Act enacted after the enactment 
of the Intelligence Authorization Act for that fiscal year are deemed 
to be specifically authorized by the Congress for purposes of section 
504 of the National Security Act of 1947 (50 U.S.C. 414).
    Sec. 8054. Notwithstanding section 303 of Public Law 96-487 or any 
other provision of law, the Secretary of the Navy is authorized to 
lease real and personal property at Naval Air Facility, Adak, Alaska, 
pursuant to 10 U.S.C. 2667(f), for commercial, industrial or other 
purposes: Provided, That notwithstanding any other provision of law, 
the Secretary of the Navy may remove hazardous materials from 
facilities, buildings, and structures at Adak, Alaska, and may demolish 
or otherwise dispose of such facilities, buildings, and structures.

                             (rescissions)

    Sec. 8055. Of the funds provided in Department of Defense 
Appropriations Acts, the following funds are hereby rescinded as of the 
date of the enactment of this Act from the following accounts in the 
specified amounts:
            ``Aircraft Procurement, Army, 2001/2003'', $15,500,000;
            ``Aircraft Procurement, Air Force, 2001/2003'', 
        $43,983,000;
            ``Missile Procurement, Air Force, 2001/2003'', $58,550,000;
            ``Procurement, Defense-Wide, 2001/2003'', $64,170,000;
            ``Research, Development, Test and Evaluation, Air Force, 
        2001/2002'', $13,450,000; and
            ``Research, Development, Test and Evaluation, Defense-Wide, 
        2001/2002'', $5,664,000.
    Sec. 8056. None of the funds available in this Act may be used to 
reduce the authorized positions for military (civilian) technicians of 
the Army National Guard, the Air National Guard, Army Reserve and Air 
Force Reserve for the purpose of applying any administratively imposed 
civilian personnel ceiling, freeze, or reduction on military (civilian) 
technicians, unless such reductions are a direct result of a reduction 
in military force structure.
    Sec. 8057. None of the funds appropriated or otherwise made 
available in this Act may be obligated or expended for assistance to 
the Democratic People's Republic of North Korea unless specifically 
appropriated for that purpose.
    Sec. 8058. During the current fiscal year, funds appropriated in 
this Act are available to compensate members of the National Guard for 
duty performed pursuant to a plan submitted by a Governor of a State 
and approved by the Secretary of Defense under section 112 of title 32, 
United States Code: Provided, That during the performance of such duty, 
the members of the National Guard shall be under State command and 
control: Provided further, That such duty shall be treated as full-time 
National Guard duty for purposes of sections 12602(a)(2) and (b)(2) of 
title 10, United States Code.
    Sec. 8059. Funds appropriated in this Act for operation and 
maintenance of the Military Departments, Combatant Commands and Defense 
Agencies shall be available for reimbursement of pay, allowances and 
other expenses which would otherwise be incurred against appropriations 
for the National Guard and Reserve when members of the National Guard 
and Reserve provide intelligence or counterintelligence support to 
Combatant Commands, Defense Agencies and Joint Intelligence Activities, 
including the activities and programs included within the National 
Foreign Intelligence Program (NFIP), the Joint Military Intelligence 
Program (JMIP), and the Tactical Intelligence and Related Activities 
(TIARA) aggregate: Provided, That nothing in this section authorizes 
deviation from established Reserve and National Guard personnel and 
training procedures.
    Sec. 8060. Notwithstanding any other provision of law, that not 
more than 35 percent of funds provided in this Act, for environmental 
remediation may be obligated under indefinite delivery/indefinite 
quantity contracts with a total contract value of $130,000,000 or 
higher.
    Sec. 8061. Of the funds made available under the heading 
``Operation and Maintenance, Air Force'', $12,000,000 shall be 
available to realign railroad track on Elmendorf Air Force Base and 
Fort Richardson.
    Sec. 8062. (a) None of the funds available to the Department of 
Defense for any fiscal year for drug interdiction or counter-drug 
activities may be transferred to any other department or agency of the 
United States except as specifically provided in an appropriations law.
    (b) None of the funds available to the Central Intelligence Agency 
for any fiscal year for drug interdiction and counter-drug activities 
may be transferred to any other department or agency of the United 
States except as specifically provided in an appropriations law.

                          (transfer of funds)

    Sec. 8063. Appropriations available in this Act under the heading 
``Operation and Maintenance, Defense-Wide'' for increasing energy and 
water efficiency in Federal buildings may, during their period of 
availability, be transferred to other appropriations or funds of the 
Department of Defense for projects related to increasing energy and 
water efficiency, to be merged with and to be available for the same 
general purposes, and for the same time period, as the appropriation or 
fund to which transferred.
    Sec. 8064. None of the funds made available in this Act may be used 
for the procurement of ball and roller bearings other than those 
produced by a domestic source and of domestic origin: Provided, That 
the Secretary of the military department responsible for such 
procurement may waive this restriction on a case-by-case basis by 
certifying in writing to the Committees on Appropriations of the House 
of Representatives and the Senate, that adequate domestic supplies are 
not available to meet Department of Defense requirements on a timely 
basis and that such an acquisition must be made in order to acquire 
capability for national security purposes: Provided further, That this 
restriction shall not apply to the purchase of ``commercial items'', as 
defined by section 4(12) of the Office of Federal Procurement Policy 
Act, except that the restriction shall apply to ball or roller bearings 
purchased as end items.
    Sec. 8065. Notwithstanding any other provision of law, funds 
available to the Department of Defense shall be made available to 
provide transportation of medical supplies and equipment, on a 
nonreimbursable basis, to American Samoa, and funds available to the 
Department of Defense shall be made available to provide transportation 
of medical supplies and equipment, on a nonreimbursable basis, to the 
Indian Health Service when it is in conjunction with a civil-military 
project.
    Sec. 8066. None of the funds in this Act may be used to purchase 
any supercomputer which is not manufactured in the United States, 
unless the Secretary of Defense certifies to the congressional defense 
committees that such an acquisition must be made in order to acquire 
capability for national security purposes that is not available from 
United States manufacturers.
    Sec. 8067. Notwithstanding any other provision of law, the Naval 
shipyards of the United States shall be eligible to participate in any 
manufacturing extension program financed by funds appropriated in this 
or any other Act.
    Sec. 8068. Notwithstanding any other provision of law, each 
contract awarded by the Department of Defense during the current fiscal 
year for construction or service performed in whole or in part in a 
State (as defined in section 381(d) of title 10, United States Code) 
which is not contiguous with another State and has an unemployment rate 
in excess of the national average rate of unemployment as determined by 
the Secretary of Labor, shall include a provision requiring the 
contractor to employ, for the purpose of performing that portion of the 
contract in such State that is not contiguous with another State, 
individuals who are residents of such State and who, in the case of any 
craft or trade, possess or would be able to acquire promptly the 
necessary skills: Provided, That the Secretary of Defense may waive the 
requirements of this section, on a case-by-case basis, in the interest 
of national security.
    Sec. 8069. Of the funds made available in this Act under the 
heading ``Operation and Maintenance, Defense-Wide'', up to $5,000,000 
shall be available to provide assistance, by grant or otherwise, to 
public school systems that have unusually high concentrations of 
special needs military dependents enrolled: Provided, That in selecting 
school systems to receive such assistance, special consideration shall 
be given to school systems in States that are considered overseas 
assignments: Provided further, That up to $2,000,000 shall be available 
for DOD to establish a non-profit trust fund to assist in the public-
private funding of public school repair and maintenance projects, or 
provide directly to non-profit organizations who in return will use 
these monies to provide assistance in the form of repair, maintenance, 
or renovation to public school systems that have high concentrations of 
special needs military dependents and are located in States that are 
considered overseas assignments: Provided further, That to the extent a 
federal agency provides this assistance, by contract, grant or 
otherwise, it may accept and expend non-federal funds in combination 
with these federal funds to provide assistance for the authorized 
purpose, if the non-federal entity requests such assistance and the 
non-federal funds are provided on a reimbursable basis.
    Sec. 8070. (a) Limitation on Transfer of Defense Articles and 
Services.--Notwithstanding any other provision of law, none of the 
funds available to the Department of Defense for the current fiscal 
year may be obligated or expended to transfer to another nation or an 
international organization any defense articles or services (other than 
intelligence services) for use in the activities described in 
subsection (b) unless the congressional defense committees, the 
Committee on International Relations of the House of Representatives, 
and the Committee on Foreign Relations of the Senate are notified 15 
days in advance of such transfer.
    (b) Covered Activities.--This section applies to--
            (1) any international peacekeeping or peace-enforcement 
        operation under the authority of chapter VI or chapter VII of 
        the United Nations Charter under the authority of a United 
        Nations Security Council resolution; and
            (2) any other international peacekeeping, peace-
        enforcement, or humanitarian assistance operation.
    (c) Required Notice.--A notice under subsection (a) shall include 
the following:
            (1) A description of the equipment, supplies, or services 
        to be transferred.
            (2) A statement of the value of the equipment, supplies, or 
        services to be transferred.
            (3) In the case of a proposed transfer of equipment or 
        supplies--
                    (A) a statement of whether the inventory 
                requirements of all elements of the Armed Forces 
                (including the reserve components) for the type of 
                equipment or supplies to be transferred have been met; 
                and
                    (B) a statement of whether the items proposed to be 
                transferred will have to be replaced and, if so, how 
                the President proposes to provide funds for such 
                replacement.
    Sec. 8071. To the extent authorized by subchapter VI of chapter 148 
of title 10, United States Code, the Secretary of Defense may issue 
loan guarantees in support of United States defense exports not 
otherwise provided for: Provided, That the total contingent liability 
of the United States for guarantees issued under the authority of this 
section may not exceed $15,000,000,000: Provided further, That the 
exposure fees charged and collected by the Secretary for each guarantee 
shall be paid by the country involved and shall not be financed as part 
of a loan guaranteed by the United States: Provided further, That the 
Secretary shall provide quarterly reports to the Committees on 
Appropriations, Armed Services, and Foreign Relations of the Senate and 
the Committees on Appropriations, Armed Services, and International 
Relations in the House of Representatives on the implementation of this 
program: Provided further, That amounts charged for administrative fees 
and deposited to the special account provided for under section 
2540c(d) of title 10, shall be available for paying the costs of 
administrative expenses of the Department of Defense that are 
attributable to the loan guarantee program under subchapter VI of 
chapter 148 of title 10, United States Code.
    Sec. 8072. None of the funds available to the Department of Defense 
under this Act shall be obligated or expended to pay a contractor under 
a contract with the Department of Defense for costs of any amount paid 
by the contractor to an employee when--
            (1) such costs are for a bonus or otherwise in excess of 
        the normal salary paid by the contractor to the employee; and
            (2) such bonus is part of restructuring costs associated 
        with a business combination.
    Sec. 8073. (a) None of the funds appropriated or otherwise made 
available in this Act may be used to transport or provide for the 
transportation of chemical munitions or agents to the Johnston Atoll 
for the purpose of storing or demilitarizing such munitions or agents.
    (b) The prohibition in subsection (a) shall not apply to any 
obsolete World War II chemical munition or agent of the United States 
found in the World War II Pacific Theater of Operations.
    (c) The President may suspend the application of subsection (a) 
during a period of war in which the United States is a party.
    Sec. 8074. Up to $3,000,000 of the funds appropriated under the 
heading ``Operation and Maintenance, Navy'' in this Act for the Pacific 
Missile Range Facility may be made available to contract for the 
repair, maintenance, and operation of adjacent off-base water, 
drainage, and flood control systems critical to base operations.

                     (including transfer of funds)

    Sec. 8075. During the current fiscal year, no more than $30,000,000 
of appropriations made in this Act under the heading ``Operation and 
Maintenance, Defense-Wide'' may be transferred to appropriations 
available for the pay of military personnel, to be merged with, and to 
be available for the same time period as the appropriations to which 
transferred, to be used in support of such personnel in connection with 
support and services for eligible organizations and activities outside 
the Department of Defense pursuant to section 2012 of title 10, United 
States Code.
    Sec. 8076. For purposes of section 1553(b) of title 31, United 
States Code, any subdivision of appropriations made in this Act under 
the heading ``Shipbuilding and Conversion, Navy'' shall be considered 
to be for the same purpose as any subdivision under the heading 
``Shipbuilding and Conversion, Navy'' appropriations in any prior year, 
and the 1 percent limitation shall apply to the total amount of the 
appropriation.
    Sec. 8077. During the current fiscal year, in the case of an 
appropriation account of the Department of Defense for which the period 
of availability for obligation has expired or which has closed under 
the provisions of section 1552 of title 31, United States Code, and 
which has a negative unliquidated or unexpended balance, an obligation 
or an adjustment of an obligation may be charged to any current 
appropriation account for the same purpose as the expired or closed 
account if--
            (1) the obligation would have been properly chargeable 
        (except as to amount) to the expired or closed account before 
        the end of the period of availability or closing of that 
        account;
            (2) the obligation is not otherwise properly chargeable to 
        any current appropriation account of the Department of Defense; 
        and
            (3) in the case of an expired account, the obligation is 
        not chargeable to a current appropriation of the Department of 
        Defense under the provisions of section 1405(b)(8) of the 
        National Defense Authorization Act for Fiscal Year 1991, Public 
        Law 101-510, as amended (31 U.S.C. 1551 note): Provided, That 
        in the case of an expired account, if subsequent review or 
        investigation discloses that there was not in fact a negative 
        unliquidated or unexpended balance in the account, any charge 
        to a current account under the authority of this section shall 
        be reversed and recorded against the expired account: Provided 
        further, That the total amount charged to a current 
        appropriation under this section may not exceed an amount equal 
        to 1 percent of the total appropriation for that account.
    Sec. 8078. Funds appropriated in title II of this Act and for the 
Defense Health Program in title VI of this Act for supervision and 
administration costs for facilities maintenance and repair, minor 
construction, or design projects may be obligated at the time the 
reimbursable order is accepted by the performing activity: Provided, 
That for the purpose of this section, supervision and administration 
costs includes all in-house Government cost.
    Sec. 8079. During the current fiscal year, the Secretary of Defense 
may waive reimbursement of the cost of conferences, seminars, courses 
of instruction, or similar educational activities of the Asia-Pacific 
Center for Security Studies for military officers and civilian 
officials of foreign nations if the Secretary determines that 
attendance by such personnel, without reimbursement, is in the national 
security interest of the United States: Provided, That costs for which 
reimbursement is waived pursuant to this section shall be paid from 
appropriations available for the Asia-Pacific Center.
    Sec. 8080. (a) Notwithstanding any other provision of law, the 
Chief of the National Guard Bureau may permit the use of equipment of 
the National Guard Distance Learning Project by any person or entity on 
a space-available, reimbursable basis. The Chief of the National Guard 
Bureau shall establish the amount of reimbursement for such use on a 
case-by-case basis.
    (b) Amounts collected under subsection (a) shall be credited to 
funds available for the National Guard Distance Learning Project and be 
available to defray the costs associated with the use of equipment of 
the project under that subsection. Such funds shall be available for 
such purposes without fiscal year limitation.
    Sec. 8081. Using funds available by this Act or any other Act, the 
Secretary of the Air Force, pursuant to a determination under section 
2690 of title 10, United States Code, may implement cost-effective 
agreements for required heating facility modernization in the 
Kaiserslautern Military Community in the Federal Republic of Germany: 
Provided, That in the City of Kaiserslautern such agreements will 
include the use of United States anthracite as the base load energy for 
municipal district heat to the United States Defense installations: 
Provided further, That at Landstuhl Army Regional Medical Center and 
Ramstein Air Base, furnished heat may be obtained from private, 
regional or municipal services, if provisions are included for the 
consideration of United States coal as an energy source.
    Sec. 8082. Notwithstanding 31 U.S.C. 3902, during the current 
fiscal year and hereafter, interest penalties may be paid by the 
Department of Defense from funds financing the operation of the 
military department or defense agency with which the invoice or 
contract payment is associated.
    Sec. 8083. None of the funds appropriated in title IV of this Act 
may be used to procure end-items for delivery to military forces for 
operational training, operational use or inventory requirements: 
Provided, That this restriction does not apply to end-items used in 
development, prototyping, and test activities preceding and leading to 
acceptance for operational use: Provided further, That this restriction 
does not apply to programs funded within the National Foreign 
Intelligence Program: Provided further, That the Secretary of Defense 
may waive this restriction on a case-by-case basis by certifying in 
writing to the Committees on Appropriations of the House of 
Representatives and the Senate that it is in the national security 
interest to do so.
    Sec. 8084. Of the funds made available under the heading 
``Operation and Maintenance, Air Force'', not less than $1,500,000 
shall be made available by grant or otherwise, to the Council of 
Athabascan Tribal Governments, to provide assistance for health care, 
monitoring and related issues associated with research conducted from 
1955 to 1957 by the former Arctic Aeromedical Laboratory.
    Sec. 8085. In addition to the amounts appropriated or otherwise 
made available in this Act, $5,000,000, to remain available until 
September 30, 2002, is hereby appropriated to the Department of 
Defense: Provided, That the Secretary of Defense shall make a grant in 
the amount of $5,000,000 to the American Red Cross for Armed Forces 
Emergency Services.
    Sec. 8086. None of the funds made available in this Act may be used 
to approve or license the sale of the F-22 advanced tactical fighter to 
any foreign government.
    Sec. 8087. (a) The Secretary of Defense may, on a case-by-case 
basis, waive with respect to a foreign country each limitation on the 
procurement of defense items from foreign sources provided in law if 
the Secretary determines that the application of the limitation with 
respect to that country would invalidate cooperative programs entered 
into between the Department of Defense and the foreign country, or 
would invalidate reciprocal trade agreements for the procurement of 
defense items entered into under section 2531 of title 10, United 
States Code, and the country does not discriminate against the same or 
similar defense items produced in the United States for that country.
    (b) Subsection (a) applies with respect to--
            (1) contracts and subcontracts entered into on or after the 
        date of the enactment of this Act; and
            (2) options for the procurement of items that are exercised 
        after such date under contracts that are entered into before 
        such date if the option prices are adjusted for any reason 
        other than the application of a waiver granted under subsection 
        (a).
    (c) Subsection (a) does not apply to a limitation regarding 
construction of public vessels, ball and roller bearings, food, and 
clothing or textile materials as defined by section 11 (chapters 50-65) 
of the Harmonized Tariff Schedule and products classified under 
headings 4010, 4202, 4203, 6401 through 6406, 6505, 7019, 7218 through 
7229, 7304.41 through 7304.49, 7306.40, 7502 through 7508, 8105, 8108, 
8109, 8211, 8215, and 9404.
    Sec. 8088. Funds made available to the Civil Air Patrol in this Act 
under the heading ``Drug Interdiction and Counter-Drug Activities, 
Defense'' may be used for the Civil Air Patrol Corporation's 
counterdrug program, including its demand reduction program involving 
youth programs, as well as operational and training drug reconnaissance 
missions for Federal, State, and local government agencies; and for 
equipment needed for mission support or performance: Provided, That the 
Department of the Air Force should waive reimbursement from the 
Federal, State, and local government agencies for the use of these 
funds.
    Sec. 8089. Section 8125 of the Department of Defense Appropriations 
Act, 2001 (Public Law 106-259), is hereby repealed.
    Sec. 8090. Of the funds appropriated in this Act under the heading 
``Research, Development, Test and Evaluation, Navy'', up to $3,000,000 
may be made available for a Maritime Fire Training Center at Barbers 
Point, including provision for laboratories, construction, and other 
efforts associated with research, development, and other programs of 
major importance to the Department of Defense.
    Sec. 8091. (a) Prohibition.--None of the funds made available by 
this Act may be used to support any training program involving a unit 
of the security forces of a foreign country if the Secretary of Defense 
has received credible information from the Department of State that the 
unit has committed a gross violation of human rights, unless all 
necessary corrective steps have been taken.
    (b) Monitoring.--The Secretary of Defense, in consultation with the 
Secretary of State, shall ensure that prior to a decision to conduct 
any training program referred to in subsection (a), full consideration 
is given to all credible information available to the Department of 
State relating to human rights violations by foreign security forces.
    (c) Waiver.--The Secretary of Defense, after consultation with the 
Secretary of State, may waive the prohibition in subsection (a) if he 
determines that such waiver is required by extraordinary circumstances.
    (d) Report.--Not more than 15 days after the exercise of any waiver 
under subsection (c), the Secretary of Defense shall submit a report to 
the congressional defense committees describing the extraordinary 
circumstances, the purpose and duration of the training program, the 
United States forces and the foreign security forces involved in the 
training program, and the information relating to human rights 
violations that necessitates the waiver.
    Sec. 8092. The Secretary of Defense, in coordination with the 
Secretary of Health and Human Services, may carry out a program to 
distribute surplus dental equipment of the Department of Defense, at no 
cost to the Department of Defense, to Indian health service facilities 
and to federally-qualified health centers (within the meaning of 
section 1905(l)(2)(B) of the Social Security Act (42 U.S.C. 
1396d(l)(2)(B))).
    Sec. 8093. Notwithstanding any other provision in this Act, the 
total amount appropriated in this Act is hereby reduced by $140,591,000 
to reflect savings from favorable foreign currency fluctuations, to be 
distributed as follows:
            ``Operation and Maintenance, Army'', $89,359,000;
            ``Operation and Maintenance, Navy'', $15,445,000;
            ``Operation and Maintenance, Marine Corps'', $1,379,000;
            ``Operation and Maintenance, Air Force'', $24,408,000; and
            ``Operation and Maintenance, Defense-Wide'', $10,000,000.
    Sec. 8094. None of the funds appropriated or made available in this 
Act to the Department of the Navy shall be used to develop, lease or 
procure the T-AKE class of ships unless the main propulsion diesel 
engines and propulsors are manufactured in the United States by a 
domestically operated entity: Provided, That the Secretary of Defense 
may waive this restriction on a case-by-case basis by certifying in 
writing to the Committees on Appropriations of the House of 
Representatives and the Senate that adequate domestic supplies are not 
available to meet Department of Defense requirements on a timely basis 
and that such an acquisition must be made in order to acquire 
capability for national security purposes or there exists a significant 
cost or quality difference.
    Sec. 8095. Notwithstanding any other provision of law, the total 
amount appropriated in this Act under Title I and Title II is hereby 
reduced by $50,000,000: Provided, That during the current fiscal year, 
not more than 250 military and civilian personnel of the Department of 
Defense shall be assigned to legislative affairs or legislative liaison 
functions: Provided further, That of the 250 personnel assigned to 
legislative liaison or legislative affairs functions, 20 percent shall 
be assigned to the Office of the Secretary of Defense and the Office of 
the Chairman of the Joint Chiefs of Staff, 20 percent shall be assigned 
to the Department of the Army, 20 percent shall be assigned to the 
Department of the Navy, 20 percent shall be assigned to the Department 
of the Air Force, and 20 percent shall be assigned to the combatant 
commands: Provided further, That of the personnel assigned to 
legislative liaison and legislative affairs functions, no fewer than 20 
percent shall be assigned to the Under Secretary of Defense 
(Comptroller), the Assistant Secretary of the Army (Financial 
Management and Comptroller), the Assistant Secretary of the Navy 
(Financial Management and Comptroller), and the Assistant Secretary of 
the Air Force (Financial Management and Comptroller).
    Sec. 8096. None of the funds appropriated or otherwise made 
available by this or other Department of Defense Appropriations Acts 
may be obligated or expended for the purpose of performing repairs or 
maintenance to military family housing units of the Department of 
Defense, including areas in such military family housing units that may 
be used for the purpose of conducting official Department of Defense 
business.
    Sec. 8097. Notwithstanding any other provision of law, funds 
appropriated in this Act under the heading ``Research, Development, 
Test and Evaluation, Defense-Wide'' for any advanced concept technology 
demonstration project may only be obligated 30 days after a report, 
including a description of the project and its estimated annual and 
total cost, has been provided in writing to the congressional defense 
committees: Provided, That the Secretary of Defense may waive this 
restriction on a case-by-case basis by certifying to the congressional 
defense committees that it is in the national interest to do so.
    Sec. 8098. Notwithstanding any other provision in this Act, the 
total amount appropriated in this Act is hereby reduced by 
$171,296,000, to reduce cost growth in travel, to be distributed as 
follows:
            ``Operation and Maintenance, Army'', $9,000,000;
            ``Operation and maintenance, Marine Corps'', $296,000;
            ``Operation and Maintenance, Air Force'', $150,000,000;
            ``Operation and Maintenance, Army Reserve'', $2,000,000; 
        and
            ``Operation and maintenance, Defense-wide'' $10,000,000.
    Sec. 8099. During the current fiscal year, refunds attributable to 
the use of the Government travel card, refunds attributable to the use 
of the Government Purchase Card and refunds attributable to official 
Government travel arranged by Government Contracted Travel Management 
Centers may be credited to operation and maintenance accounts of the 
Department of Defense which are current when the refunds are received.
    Sec. 8100. (a) Registering Information Technology Systems With DOD 
Chief Information Officer.--None of the funds appropriated in this Act 
may be used for a mission critical or mission essential information 
technology system (including a system funded by the defense working 
capital fund) that is not registered with the Chief Information Officer 
of the Department of Defense. A system shall be considered to be 
registered with that officer upon the furnishing to that officer of 
notice of the system, together with such information concerning the 
system as the Secretary of Defense may prescribe. An information 
technology system shall be considered a mission critical or mission 
essential information technology system as defined by the Secretary of 
Defense.
    (b) Certifications as to Compliance With Clinger-Cohen Act.--(1) 
During the current fiscal year, a major automated information system 
may not receive Milestone I approval, Milestone II approval, or 
Milestone III approval, or their equivalent, within the Department of 
Defense until the Chief Information Officer certifies, with respect to 
that milestone, that the system is being developed in accordance with 
the Clinger-Cohen Act of 1996 (40 U.S.C. 1401 et seq.). The Chief 
Information Officer may require additional certifications, as 
appropriate, with respect to any such system.
    (2) The Chief Information Officer shall provide the congressional 
defense committees timely notification of certifications under 
paragraph (1). Each such notification shall include, at a minimum, the 
funding baseline and milestone schedule for each system covered by such 
a certification and confirmation that the following steps have been 
taken with respect to the system:
            (A) Business process reengineering.
            (B) An analysis of alternatives.
            (C) An economic analysis that includes a calculation of the 
        return on investment.
            (D) Performance measures.
            (E) An information assurance strategy consistent with the 
        Department's Global Information Grid.
    (c) Definitions.--For purposes of this section:
            (1) The term ``Chief Information Officer'' means the senior 
        official of the Department of Defense designated by the 
        Secretary of Defense pursuant to section 3506 of title 44, 
        United States Code.
            (2) The term ``information technology system'' has the 
        meaning given the term ``information technology'' in section 
        5002 of the Clinger-Cohen Act of 1996 (40 U.S.C. 1401).
            (3) The term ``major automated information system'' has the 
        meaning given that term in Department of Defense Directive 
        5000.1.
    Sec. 8101. During the current fiscal year, none of the funds 
available to the Department of Defense may be used to provide support 
to another department or agency of the United States if such department 
or agency is more than 90 days in arrears in making payment to the 
Department of Defense for goods or services previously provided to such 
department or agency on a reimbursable basis: Provided, That this 
restriction shall not apply if the department is authorized by law to 
provide support to such department or agency on a nonreimbursable 
basis, and is providing the requested support pursuant to such 
authority: Provided further, That the Secretary of Defense may waive 
this restriction on a case-by-case basis by certifying in writing to 
the Committees on Appropriations of the House of Representatives and 
the Senate that it is in the national security interest to do so.
    Sec. 8102. None of the funds provided in this Act may be used to 
transfer to any nongovernmental entity ammunition held by the 
Department of Defense that has a center-fire cartridge and a United 
States military nomenclature designation of ``armor penetrator'', 
``armor piercing (AP)'', ``armor piercing incendiary (API)'', or 
``armor-piercing incendiary-tracer (API-T)'', except to an entity 
performing demilitarization services for the Department of Defense 
under a contract that requires the entity to demonstrate to the 
satisfaction of the Department of Defense that armor piercing 
projectiles are either: (1) rendered incapable of reuse by the 
demilitarization process; or (2) used to manufacture ammunition 
pursuant to a contract with the Department of Defense or the 
manufacture of ammunition for export pursuant to a License for 
Permanent Export of Unclassified Military Articles issued by the 
Department of State.
    Sec. 8103. Notwithstanding any other provision of law, the Chief of 
the National Guard Bureau, or his designee, may waive payment of all or 
part of the consideration that otherwise would be required under 10 
U.S.C. 2667, in the case of a lease of personal property for a period 
not in excess of 1 year to any organization specified in 32 U.S.C. 
508(d), or any other youth, social, or fraternal non-profit 
organization as may be approved by the Chief of the National Guard 
Bureau, or his designee, on a case-by-case basis.
    Sec. 8104. None of the funds appropriated by this Act shall be used 
for the support of any nonappropriated funds activity of the Department 
of Defense that procures malt beverages and wine with nonappropriated 
funds for resale (including such alcoholic beverages sold by the drink) 
on a military installation located in the United States unless such 
malt beverages and wine are procured within that State, or in the case 
of the District of Columbia, within the District of Columbia, in which 
the military installation is located: Provided, That in a case in which 
the military installation is located in more than one State, purchases 
may be made in any State in which the installation is located: Provided 
further, That such local procurement requirements for malt beverages 
and wine shall apply to all alcoholic beverages only for military 
installations in States which are not contiguous with another State: 
Provided further, That alcoholic beverages other than wine and malt 
beverages, in contiguous States and the District of Columbia shall be 
procured from the most competitive source, price and other factors 
considered.
    Sec. 8105. During the current fiscal year, under regulations 
prescribed by the Secretary of Defense, the Center of Excellence for 
Disaster Management and Humanitarian Assistance may also pay, or 
authorize payment for, the expenses of providing or facilitating 
education and training for appropriate military and civilian personnel 
of foreign countries in disaster management, peace operations, and 
humanitarian assistance.
    Sec. 8106. (a) The Department of Defense is authorized to enter 
into agreements with the Veterans Administration and federally-funded 
health agencies providing services to Native Hawaiians for the purpose 
of establishing a partnership similar to the Alaska Federal Health Care 
Partnership, in order to maximize Federal resources in the provision of 
health care services by federally-funded health agencies, applying 
telemedicine technologies. For the purpose of this partnership, Native 
Hawaiians shall have the same status as other Native Americans who are 
eligible for the health care services provided by the Indian Health 
Service.
    (b) The Department of Defense is authorized to develop a 
consultation policy, consistent with Executive Order No. 13084 (issued 
May 14, 1998), with Native Hawaiians for the purpose of assuring 
maximum Native Hawaiian participation in the direction and 
administration of governmental services so as to render those services 
more responsive to the needs of the Native Hawaiian community.
    (c) For purposes of this section, the term ``Native Hawaiian'' 
means any individual who is a descendant of the aboriginal people who, 
prior to 1778, occupied and exercised sovereignty in the area that now 
comprises the State of Hawaii.
    Sec. 8107. In addition to the amounts provided elsewhere in this 
Act, the amount of $10,000,000 is hereby appropriated for ``Operation 
and Maintenance, Defense-Wide'', to be available, notwithstanding any 
other provision of law, only for a grant to the United Service 
Organizations Incorporated, a federally chartered corporation under 
chapter 2201 of title 36, United States Code. The grant provided for by 
this section is in addition to any grant provided for under any other 
provision of law.
    Sec. 8108. Of the amounts appropriated in this Act under the 
heading ``Research, Development, Test and Evaluation, Defense-Wide'', 
$141,700,000 shall be made available for the Arrow missile defense 
program: Provided, That of this amount, $107,700,000 shall be made 
available for the purpose of continuing the Arrow System Improvement 
Program (ASIP), continuing ballistic missile defense interoperability 
with Israel, and establishing an Arrow production capability in the 
United States: Provided further, That the remainder, $34,000,000, shall 
be available for the purpose of adjusting the cost-share of the parties 
under the Agreement between the Department of Defense and the Ministry 
of Defense of Israel for the Arrow Deployability Program.
    Sec. 8109. Funds available to the Department of Defense for the 
Global Positioning System during the current fiscal year may be used to 
fund civil requirements associated with the satellite and ground 
control segments of such system's modernization program.

                     (including transfer of funds)

    Sec. 8110. Of the amounts appropriated in this Act under the 
heading ``Operation and Maintenance, Defense-Wide'', $115,000,000 shall 
remain available until expended: Provided, That notwithstanding any 
other provision of law, the Secretary of Defense is authorized to 
transfer such funds to other activities of the Federal Government.
    Sec. 8111. In addition to the amounts appropriated or otherwise 
made available in this Act, $1,300,000,000 is hereby appropriated to 
the Department of Defense for whichever of the following purposes the 
President determines to be in the national security interests of the 
United States:
            (1) research, development, test and evaluation for 
        ballistic missile defense; and
            (2) activities for combating terrorism.
    Sec. 8112. In addition to amounts appropriated elsewhere in this 
Act, $5,000,000 is hereby appropriated to the Department of Defense: 
Provided, That the Secretary of the Army shall make a grant in the 
amount of $5,000,000 to the Fort Des Moines Memorial Park and Education 
Center.
    Sec. 8113. In addition to amounts appropriated elsewhere in this 
Act, $5,000,000 is hereby appropriated to the Department of Defense: 
Provided, That the Secretary of Defense shall make a grant in the 
amount of $5,000,000 to the National D-Day Museum.
    Sec. 8114. Section 8106 of the Department of Defense Appropriations 
Act, 1997 (titles I through VIII of the matter under subsection 101(b) 
of Public Law 104-208; 110 Stat. 3009-111; 10 U.S.C. 113 note) shall 
continue in effect to apply to disbursements that are made by the 
Department of Defense in fiscal year 2002.
    Sec. 8115. (a) Section 8162 of the Department of Defense 
Appropriations Act, 2000 (16 U.S.C. 431 note; Public Law 106-79) is 
amended--
            (1) by redesignating subsection (m) as subsection (o); and
            (2) by adding after subsection (l) the following:
    ``(m) Authority to Establish Memorial.--
            ``(1) In general.--The Commission may establish a permanent 
        memorial to Dwight D. Eisenhower on land under the jurisdiction 
        of the Secretary of the Interior in the District of Columbia or 
        its environs.
            ``(2) Compliance with standards for commemorative works.--
        The establishment of the memorial shall be in accordance with 
        the Commemorative Works Act (40 U.S.C. 1001 et seq.).''.
    (b) Section 8162 of the Department of Defense Appropriations Act, 
2000 (16 U.S.C. 431 note; Public Law 106-79) is amended--
            (1) in subsection (j)(2), by striking ``accept gifts'' and 
        inserting ``solicit and accept contributions''; and
            (2) by inserting after subsection (m) (as added by 
        subsection (a)(2)) the following:
    ``(n) Memorial Fund.--
            ``(1) Establishment.--There is created in the Treasury a 
        fund for the memorial to Dwight D. Eisenhower that includes 
        amounts contributed under subsection (j)(2).
            ``(2) Use of fund.--The fund shall be used for the expenses 
        of establishing the memorial.
            ``(3) Interest.--The Secretary of the Treasury shall credit 
        to the fund the interest on obligations held in the fund.''.
    (c) In addition to the amounts appropriated or otherwise made 
available elsewhere in this Act for the Department of Defense, 
$3,000,000, to remain available until expended is hereby appropriated 
to the Department of Defense: Provided, That the Secretary of Defense 
shall make a grant in the amount of $3,000,000 to the Dwight D. 
Eisenhower Memorial Commission for direct administrative support.
    Sec. 8116. In addition to amounts appropriated elsewhere in this 
Act, $8,000,000 shall be available only for the settlement of 
subcontractor claims for payment associated with the Air Force contract 
F19628-97-C-0105, Clear Radar Upgrade, at Clear AFS, Alaska: Provided, 
That the Secretary of the Air Force shall evaluate claims as may be 
submitted by subcontractors, engaged under the contract, and, 
notwithstanding any other provision of law shall pay such amounts from 
the funds provided in this paragraph which the Secretary deems 
appropriate to settle completely any claims which the Secretary 
determines to have merit, with no right of appeal in any forum: 
Provided further, That subcontractors are to be paid interest, 
calculated in accordance with the Contract Disputes Act of 1978, 41 
U.S.C. Sections 601-613, on any claims which the Secretary determines 
to have merit: Provided further, That the Secretary of the Air Force 
may delegate evaluation and payment as above to the U.S. Army Corps of 
Engineers, Alaska District on a reimbursable basis.
    Sec. 8117. Notwithstanding any other provision of this Act, the 
total amount appropriated in this Act is hereby reduced by 
$1,650,000,000, to reflect savings to be achieved from business process 
reforms, management efficiencies, and procurement of administrative and 
management support: Provided, That none of the funds provided in this 
Act may be used for consulting and advisory services for legislative 
affairs and legislative liaison functions.
    Sec. 8118. In addition to amounts provided elsewhere in this Act, 
$21,000,000 is hereby appropriated for the Secretary of Defense to 
establish a Regional Defense Counter-terrorism Fellowship Program: 
Provided, That funding provided herein may be used by the Secretary to 
fund foreign military officers to attend U.S. military educational 
institutions and selected regional centers for non-lethal training: 
Provided further, That United States Regional Commanders in Chief will 
be the nominative authority for candidates and schools for attendance 
with joint staff review and approval by the Secretary of Defense: 
Provided further, That the Secretary of Defense shall establish rules 
to govern the administration of this program.
    Sec. 8119. Notwithstanding any other provision of law, from funds 
appropriated in this or any other Act under the heading, ``Aircraft 
Procurement, Air Force'', that remain available for obligation, not to 
exceed $16,000,000 shall be available for recording, adjusting, and 
liquidating obligations for the C-17 aircraft properly chargeable to 
the fiscal year 1998 Aircraft Procurement, Air Force account: Provided, 
That the Secretary of the Air Force shall notify the congressional 
defense committees of all of the specific sources of funds to be used 
for such purpose.
    Sec. 8120. Notwithstanding any provisions of the Southern Nevada 
Public Land Management Act of 1998, Public Law 105-263, or the land use 
planning provision of Section 202 of the Federal Land Policy and 
Management Act of 1976, Public Law 94-579, or of any other law to the 
contrary, the Secretary of the Interior may acquire non-federal lands 
adjacent to Nellis Air Force Base, through a land exchange in Nevada, 
to ensure the continued safe operation of live ordnance departure areas 
at Nellis Air Force Base, Las Vegas, Nevada. The Secretary of the Air 
Force shall identify up to 220 acres of non-federal lands needed to 
ensure the continued safe operation of the live ordnance departure 
areas at Nellis Air Force Base. Any such identified property acquired 
by exchange by the Secretary of the Interior shall be transferred by 
the Secretary of the Interior to the jurisdiction, custody, and control 
of the Secretary of the Air Force to be managed as a part of Nellis Air 
Force Base. To the extent the Secretary of the Interior is unable to 
acquire non-federal lands by exchange, the Secretary of the Air Force 
is authorized to purchase those lands at fair market value subject to 
available appropriations.
    Sec. 8121. Of the amounts appropriated in this Act under the 
heading, ``Shipbuilding and Conversion, Navy'', $725,000,000 shall be 
available until September 30, 2002, to fund prior year shipbuilding 
cost increases: Provided, That upon enactment of this Act, the 
Secretary of the Navy shall transfer such funds to the following 
appropriations in the amounts specified: Provided further, That the 
amounts transferred shall be merged with and be available for the same 
purposes as the appropriations to which transferred:
            To:
                    Under the heading, ``Shipbuilding and Conversion, 
                Navy, 1995/2002'':
                            Carrier Replacement Program, $172,364,000;
                    Under the heading, ``Shipbuilding and Conversion, 
                Navy, 1996/2002'':
                            LPD-17 Amphibious Transport Dock Ship 
                        Program, $172,989,000;
                    Under the heading, ``Shipbuilding and Conversion, 
                Navy, 1997/2002'':
                            DDG-51 Destroyer Program, $37,200,000;
                    Under the heading, ``Shipbuilding and Conversion, 
                Navy, 1998/2002'':
                            NSSN Program, $168,561,000;
                            DDG-51 Destroyer Program, $111,457,000;
                    Under the heading, ``Shipbuilding and Conversion, 
                Navy, 1999/2002'':
                            NSSN Program, $62,429,000.

                          (transfer of funds)

    Sec. 8122. Upon enactment of this Act, the Secretary of the Navy 
shall make the following transfers of funds: Provided, That the amounts 
transferred shall be available for the same purposes as the 
appropriations to which transferred, and for the same time period as 
the appropriation from which transferred: Provided further, That the 
amounts shall be transferred between the following appropriations in 
the amount specified:
            From:
                    Under the heading, ``Shipbuilding and Conversion, 
                Navy, 1990/2002'':
                            TRIDENT ballistic missile submarine 
                        program, $78,000;
                            SSN-21 attack submarine program, $66,000;
                            DDG-51 destroyer program, $6,100,000;
                            ENTERPRISE refueling modernization program, 
                        $964,000;
                            LSD-41 dock landing ship cargo variant ship 
                        program, $237,000;
                            MCM mine countermeasures program, $118,000;
                            Oceanographic ship program, $2,317,000;
                            AOE combat support ship program, $164,000;
                            AO conversion program, $56,000;
                            Coast Guard icebreaker ship program, 
                        $863,000;
                            Craft, outfitting, post delivery, and ship 
                        special support equipment, $529,000;
            To:
                    Under the heading, ``Shipbuilding and Conversion, 
                Navy, 1998/2002'':
                            DDG-51 destroyer program, $11,492,000;
            From:
                    Under the heading, ``Shipbuilding and Conversion, 
                Navy, 1993/2002'':
                            DDG-51 destroyer program, $3,986,000;
                            LHD-1 amphibious assault ship program, 
                        $85,000;
                            LSD-41 dock landing ship cargo variant 
                        program, $428,000;
                            AOE combat support ship program, $516,000;
                            Craft, outfitting, post delivery, and first 
                        destination transportation, and inflation 
                        adjustments, $1,034,000;
            To:
                    Under the heading, ``Shipbuilding, and Conversion, 
                Navy, 1998/2002'':
                            DDG-51 destroyer program, $6,049,000;
            From:
                    Under the heading, ``Other Procurement, Navy, 2001/
                2003'':
                            Shallow Water MCM, $16,248,000;
            To:
                    Under the heading, ``Shipbuilding and Conversion, 
                Navy, 2001/2005'':
                            Submarine Refuelings, $16,248,000.
    Sec. 8123. (a) The Secretary of Defense shall convey to Gwitchyaa 
Zhee Corporation the lands withdrawn by Public Land Order No. 1996, Lot 
1 of United States Survey 7008, Public Land Order No. 1396, a portion 
of Lot 3 of United States Survey 7161, lands reserved pursuant to the 
instructions set forth at page 513 of volume 44 of the Interior Land 
Decisions issued January 13, 1916, Lot 13 of United States Survey 7161, 
Lot 1 of United States Survey 7008 described in Public Land Order No. 
1996, and Lot 13 of the United States Survey 7161 reserved pursuant to 
the instructions set forth at page 513 of volume 44 of the Interior 
Land Decisions issued January 13, 1916.
    (b) Following site restoration and survey by the Department of the 
Air Force that portion of Lot 3 of United States Survey 7161 withdrawn 
by Public Land Order No. 1396 and no longer needed by the Air Force 
shall be conveyed to Gwitchyaa Zhee Corporation.
    Sec. 8124. The Secretary of the Navy may settle, or compromise, and 
pay any and all admiralty claims under 10 U.S.C. 7622 arising out of 
the collision involving the USS GREENEVILLE and the EHIME MARU, in any 
amount and without regard to the monetary limitations in subsections 
(a) and (b) of that section: Provided, That such payments shall be made 
from funds available to the Department of the Navy for operation and 
maintenance.
    Sec. 8125. (a) Not later than February 1, 2002, the Secretary of 
Defense shall report to the congressional defense committees on the 
status of the safety and security of munitions shipments that use 
commercial trucking carriers within the United States.
    (b) Report Elements.--The report under subsection (a) shall include 
the following:
            (1) An assessment of the Department of Defense's policies 
        and practices for conducting background investigations of 
        current and prospective drivers of munitions shipments.
            (2) A description of current requirements for periodic 
        safety and security reviews of commercial trucking carriers 
        that carry munitions.
            (3) A review of the Department of Defense's efforts to 
        establish uniform safety and security standards for cargo 
        terminals not operated by the Department that store munitions 
        shipments.
            (4) An assessment of current capabilities to provide for 
        escort security vehicles for shipments that contain dangerous 
        munitions or sensitive technology, or pass through high-risk 
        areas.
            (5) A description of current requirements for depots and 
        other defense facilities to remain open outside normal 
        operating hours to receive munitions shipments.
            (6) Legislative proposals, if any, to correct deficiencies 
        identified by the Department of Defense in the report under 
        subsection (a).
    (c) Not later than six months after enactment of this Act, the 
Secretary shall report to Congress on safety and security procedures 
used for U.S. munitions shipments in European NATO countries, and 
provide recommendations on what procedures or technologies used in 
those countries should be adopted for shipments in the United States.
    Sec. 8126. In addition to the amounts appropriated or otherwise 
made available elsewhere in this Act for the Department of Defense, 
$15,000,000, to remain available until September 30, 2002 is hereby 
appropriated to the Department of Defense: Provided, That the Secretary 
of Defense shall make a grant in the amount of $15,000,000 to the 
Padgett Thomas Barracks in Charleston, South Carolina.
    Sec. 8127. (a) Designated Special Events of National 
Significance.--
            (1) Notwithstanding any other provision of law, at events 
        determined by the President to be special events of national 
        significance for which the United States Secret Service is 
        authorized pursuant to Section 3056(e)(1), title 18, United 
        States Code, to plan, coordinate, and implement security 
        operations, the Secretary of Defense, after consultation with 
        the Secretary of the Treasury, shall provide assistance on a 
        temporary basis without reimbursement in support of the United 
        States Secret Service's duties related to such designated 
        events.
            (2) Assistance under this subsection shall be provided in 
        accordance with an agreement that shall be entered into by the 
        Secretary of Defense and the Secretary of the Treasury within 
        120 days of the enactment of this Act.
    (b) Report on Assistance.--Not later than January 30 of each year 
following a year in which the Secretary of Defense provides assistance 
under this section, the Secretary shall submit to Congress a report on 
the assistance provided. The report shall set forth--
            (1) a description of the assistance provided; and
            (2) the amount expended by the Department in providing the 
        assistance.
    (c) Relationship to Other Laws.--The assistance provided under this 
section shall not be subject to the provisions of sections 375 and 376 
of this title.
    Sec. 8128. Multi-Year Aircraft Lease Pilot Program. (a) The 
Secretary of the Air Force may, from funds provided in this Act or any 
future appropriations Act, establish a multi-year pilot program for 
leasing general purpose Boeing 767 aircraft in commercial 
configuration.
    (b) Sections 2401 and 2401a of title 10, United States Code, shall 
not apply to any aircraft lease authorized by this section.
    (c) Under the aircraft lease Pilot Program authorized by this 
section:
            (1) The Secretary may include terms and conditions in lease 
        agreements that are customary in aircraft leases by a non-
        Government lessor to a non-Government lessee, but only those 
        that are not inconsistent with any of the terms and conditions 
        mandated herein.
            (2) The term of any individual lease agreement into which 
        the Secretary enters under this section shall not exceed 10 
        years, inclusive of any options to renew or extend the initial 
        lease term.
            (3) The Secretary may provide for special payments in a 
        lessor if the Secretary terminates or cancels the lease prior 
        to the expiration of its term. Such special payments shall not 
        exceed an amount equal to the value of one year's lease payment 
        under the lease.
            (4) Subchapter IV of chapter 15 of Title 31, United States 
        Code shall apply to the lease transactions under this section, 
        except that the limitation in section 1553(b)(2) shall not 
        apply.
            (5) The Secretary shall lease aircraft under terms and 
        conditions consistent with this section and consistent with the 
        criteria for an operating lease as defined in OMB Circular A-
        11, as in effect at the time of the lease.
            (6) Lease arrangements authorized by this section may not 
        commence until:
                    (A) The Secretary submits a report to the 
                congressional defense committees outlining the plans 
                for implementing the Pilot Program. The report shall 
                describe the terms and conditions of proposed contracts 
                and describe the expected savings, if any, comparing 
                total costs, including operation, support, acquisition, 
                and financing, of the lease, including modification, 
                with the outright purchase of the aircraft as modified.
                    (B) A period of not less than 30 calendar days has 
                elapsed after submitting the report.
            (7) Not later than 1 year after the date on which the first 
        aircraft is delivered under this Pilot Program, and yearly 
        thereafter on the anniversary of the first delivery, the 
        Secretary shall submit a report to the congressional defense 
        committees describing the status of the Pilot Program. The 
        Report will be based on at least 6 months of experience in 
        operating the Pilot Program.
            (8) The Air Force shall accept delivery of the aircraft in 
        a general purpose configuration.
            (9) At the conclusion of the lease term, each aircraft 
        obtained under that lease may be returned to the contractor in 
        the same configuration in which the aircraft was delivered.
            (10) The present value of the total payments over the 
        duration of each lease entered into under this authority shall 
        not exceed 90 percent of the fair market value of the aircraft 
        obtained under that lease.
    (d) No lease entered into under this authority shall provide for--
            (1) the modification of the general purpose aircraft from 
        the commercial configuration, unless and until separate 
        authority for such conversion is enacted and only to the extent 
        budget authority is provided in advance in appropriations Acts 
        for that purpose; or
            (2) the purchase of the aircraft by, or the transfer of 
        ownership to, the Air Force.
    (e) The authority granted to the Secretary of the Air Force by this 
section is separate from and in addition to, and shall not be construed 
to impair or otherwise affect, the authority of the Secretary to 
procure transportation or enter into leases under a provision of law 
other than this section.
    (f) The authority provided under this section may be used to lease 
not more than a total of one hundred aircraft for the purposes 
specified herein.
    (g) Notwithstanding any other provision of this Act or any other 
provision of law, the President shall have the sole authority to 
reprogram, for any other defense purpose, the funds authorized by this 
section if he determines that doing so will increase national security 
or save lives.
    Sec. 8129. From within amounts made available in the Title II of 
this Act, under the heading ``Operation and Maintenance, Army National 
Guard'', and notwithstanding any other provision of law, $2,500,000 
shall be available only for repairs and safety improvements to the 
segment of Camp McCain Road which extends from Highway 8 south toward 
the boundary of Camp McCain, Mississippi and originating intersection 
of Camp McCain Road; and for repairs and safety improvements to the 
segment of Greensboro Road which connects the Administration Offices of 
Camp McCain to the Troutt Rifle Range: Provided, That these funds shall 
remain available until expended: Provided further, That the authorized 
scope of work includes, but is not limited to, environmental 
documentation and mitigation, engineering and design, improving safety, 
resurfacing, widening lanes, enhancing shoulders, and replacing signs 
and pavement markings.
    Sec. 8130. From funds made available under Title II of this Act, 
the Secretary of the Army may make available a grant of $3,000,000 to 
the Chicago Park District for renovation of the Broadway Armory, a 
former National Guard facility in the Edgewater community in Chicago.
    Sec. 8131. Notwithstanding any other provision of law, none of the 
funds in this Act may be used to alter specifications for insulation to 
be used on U.S. naval ships or for the procurement of insulation 
materials different from those in use as of November 1, 2001, until the 
Department of Defense certifies to the Appropriations Committees that 
the proposed specification changes or proposed new insulation materials 
will be as safe, provide no increase in weight, and will not increase 
maintenance requirements when compared to the insulation material 
currently used.
    Sec. 8132. (a)(1) Chapter 131 of title 10, United States Code, is 
amended by adding at the end the following new section:
``Sec. 2228. Department of Defense strategic loan and loan guaranty 
              program
    ``(a) Authority.--The Secretary of Defense may carry out a program 
to make direct loans and guarantee loans for the purpose of supporting 
the attainment of the objectives set forth in subsection (b).
    ``(b) Objectives.--The Secretary may, under the program, make a 
direct loan to an applicant or guarantee the payment of the principal 
and interest of a loan made to an applicant upon the Secretary's 
determination that the applicant's use of the proceeds of the loan will 
support the attainment of any of the following objectives:
            ``(1) Sustain the readiness of the United States to carry 
        out the national security objectives of the United States 
        through the guarantee of steady domestic production of items 
        necessary for low intensity conflicts to counter terrorism or 
        other imminent threats to the national security of the United 
        States.
            ``(2) Sustain the economic stability of strategically 
        important domestic sectors of the defense industry that 
        manufacture or construct products for low-intensity conflicts 
        and counter terrorism to respond to attacks on United States 
        national security and to protect potential United States 
        civilian and military targets from attack.
            ``(3) Sustain the production and use of systems that are 
        critical for the exploration and development of new domestic 
        energy sources for the United States.
    ``(c) Conditions.--A loan made or guaranteed under the program 
shall meet the following requirements:
            ``(1) The period for repayment of the loan may not exceed 
        five years.
            ``(2) The loan shall be secured by primary collateral that 
        is sufficient to pay the total amount of the unpaid principal 
        and interest of the loan in the event of default.
    ``(d) Evaluation of Cost.--As part of the consideration of each 
application for a loan or for a guarantee of the loan under the 
program, the Secretary shall evaluate the cost of the loan within the 
meaning of section 502(5) of the Federal Credit Reform Act of 1990 (2 
U.S.C. 661a(5)).''.
    (2) The table of sections at the beginning of such section is 
amended by adding at the end the following new item:

``2228. Department of Defense strategic loan and loan guaranty 
                            program.''.
    (b) Of the amounts appropriated by Public Law 107-38, there shall 
be available such sums as may be necessary for the costs (as defined in 
section 502(5) of the Federal Credit Reform Act of 1990 (2 U.S.C. 
661a(5)) of direct loans and loan guarantees made under section 2228 of 
title 10, United States Code, as added by subsection (a).
    Sec. 8133. Regulation of Biological Agents and Toxins. (a) 
Biological Agents Provisions of the Antiterrorism and Effective Death 
Penalty Act of 1996; Codification in the Public Health Service Act, 
With Amendments.--
            (1) Public health service act.--Subpart 1 of part F of 
        title III of the Public Health Service Act (42 U.S.C. 262 et 
        seq.) is amended by inserting after section 351 the following:

``SEC. 351A. ENHANCED CONTROL OF BIOLOGICAL AGENTS AND TOXINS.

    ``(a) Regulatory Control of Biological Agents and Toxins.--
            ``(1) List of biological agents and toxins.--
                    ``(A) In general.--The Secretary shall by 
                regulation establish and maintain a list of each 
                biological agent and each toxin that has the potential 
                to pose a severe threat to public health and safety.
                    ``(B) Criteria.--In determining whether to include 
                an agent or toxin on the list under subparagraph (A), 
                the Secretary shall--
                            ``(i) consider--
                                    ``(I) the effect on human health of 
                                exposure to the agent or toxin;
                                    ``(II) the degree of contagiousness 
                                of the agent or toxin and the methods 
                                by which the agent or toxin is 
                                transferred to humans;
                                    ``(III) the availability and 
                                effectiveness of pharmacotherapies and 
                                immunizations to treat and prevent any 
                                illness resulting from infection by the 
                                agent or toxin; and
                                    ``(IV) any other criteria, 
                                including the needs of children and 
                                other vulnerable populations, that the 
                                Secretary considers appropriate; and
                            ``(ii) consult with appropriate Federal 
                        departments and agencies, and scientific 
                        experts representing appropriate professional 
                        groups, including those with pediatric 
                        expertise.
            ``(2) Biennial review.--The Secretary shall review and 
        republish the list under paragraph (1) biennially, or more 
        often as needed, and shall, through rulemaking, revise the list 
        as necessary to incorporate additions or deletions to ensure 
        public health, safety, and security.
            ``(3) Exemptions.--The Secretary may exempt from the list 
        under paragraph (1)--
                    ``(A) attenuated or inactive biological agents or 
                toxins used in biomedical research or for legitimate 
                medical purposes; and
                    ``(B) products that are cleared or approved under 
                the Federal Food, Drug, and Cosmetic Act or under the 
                Virus-Serum-Toxin Act, as amended in 1985 by the Food 
                Safety and Security Act.'';
    ``(b) Regulation of Transfers of Listed Biological Agents and 
Toxins.--The Secretary shall by regulation provide for--
            ``(1) the establishment and enforcement of safety 
        procedures for the transfer of biological agents and toxins 
        listed pursuant to subsection (a)(1), including measures to 
        ensure--
                    ``(A) proper training and appropriate skills to 
                handle such agents and toxins; and
                    ``(B) proper laboratory facilities to contain and 
                dispose of such agents and toxins;
            ``(2) safeguards to prevent access to such agents and 
        toxins for use in domestic or international terrorism or for 
        any other criminal purpose;
            ``(3) the establishment of procedures to protect the public 
        safety in the event of a transfer or potential transfer of a 
        biological agent or toxin in violation of the safety procedures 
        established under paragraph (1) or the safeguards established 
        under paragraph (2); and
            ``(4) appropriate availability of biological agents and 
        toxins for research, education, and other legitimate purposes.
    ``(c) Possession and Use of Listed Biological Agents and Toxins.--
The Secretary shall by regulation provide for the establishment and 
enforcement of standards and procedures governing the possession and 
use of biological agents and toxins listed pursuant to subsection 
(a)(1) in order to protect the public health and safety, including the 
measures, safeguards, procedures, and availability of such agents and 
toxins described in paragraphs (1) through (4) of subsection (b), 
respectively.
    ``(d) Registration and Traceability Mechanisms.--Regulations under 
subsections (b) and (c) shall require registration for the possession, 
use, and transfer of biological agents and toxins listed pursuant to 
subsection (a)(1), and such registration shall include (if available to 
the registered person) information regarding the characterization of 
such biological agents and toxins to facilitate their identification 
and traceability. The Secretary shall maintain a national database of 
the location of such biological agents and toxins with information 
regarding their characterizations.
    ``(e) Inspections.--The Secretary shall have the authority to 
inspect persons subject to the regulations under subsections (b) and 
(c) to ensure their compliance with such regulations, including 
prohibitions on restricted persons under subsection (g).
    ``(f) Exemptions.--
            ``(1) In general.--The Secretary shall establish 
        exemptions, including exemptions from the security provisions, 
        from the applicability of provisions of--
                    ``(A) the regulations issued under subsection (b) 
                and (c) when the Secretary determines that the 
                exemptions, including exemptions from the security 
                requirements, and for the use of attenuated or inactive 
                biological agents or toxins in biomedical research or 
                for legitimate medical purposes are consistent with 
                protecting public health and safety; and
                    ``(B) the regulations issued under subsection (c) 
                for agents and toxins that the Secretary determines do 
                not present a threat for use in domestic or 
                international terrorism, provided the exemptions are 
                consistent with protecting public health and safety.
            ``(2) Clinical laboratories.--The Secretary shall exempt 
        clinical laboratories and other persons that possess, use, or 
        transfer biological agents and toxins listed pursuant to 
        subsection (a)(1) from the applicability of provisions of 
        regulations issued under subsections (b) and (c) only when--
                    ``(A) such agents or toxins are presented for 
                diagnosis, verification, or proficiency testing;
                    ``(B) the identification of such agents and toxins 
                is, when required under Federal or State law, reported 
                to the Secretary or other public health authorities; 
                and
                    ``(C) such agents or toxins are transferred or 
                destroyed in a manner set forth by the Secretary in 
                regulation.
    ``(g) Security Requirements for Registered Persons.--
            ``(1) Security.--In carrying out paragraphs (2) and (3) of 
        subsection (b), the Secretary shall establish appropriate 
        security requirements for persons possessing, using, or 
        transferring biological agents and toxins listed pursuant to 
        subsection (a)(1), considering existing standards developed by 
        the Attorney General for the security of government facilities, 
        and shall ensure compliance with such requirements as a 
        condition of registration under regulations issued under 
        subsections (b) and (c).
            ``(2) Limiting access to listed agents and toxins.--
        Regulations issued under subsections (b) and (c) shall include 
        provisions--
                    ``(A) to restrict access to biological agents and 
                toxins listed pursuant to subsection (a)(1) only to 
                those individuals who need to handle or use such agents 
                or toxins; and
                    ``(B) to provide that registered persons promptly 
                submit the names and other identifying information for 
                such individuals to the Attorney General, with which 
                information the Attorney General shall promptly use 
                criminal, immigration, and national security databases 
                available to the Federal Government to identify whether 
                such individuals--
                            ``(i) are restricted persons, as defined in 
                        section 175b of title 18, United States Code; 
                        or
                            ``(ii) are named in a warrant issued to a 
                        Federal or State law enforcement agency for 
                        participation in any domestic or international 
                        act of terrorism.
            ``(3) Consultation and implementation.--Regulations under 
        subsections (b) and (c) shall be developed in consultation with 
        research-performing organizations, including universities, and 
        implemented with timeframes that take into account the need to 
        continue research and education using biological agents and 
        toxins listed pursuant to subsection (a)(1).
    ``(h) Disclosure of Information.--
            ``(1) In general.--Any information in the possession of any 
        Federal agency that identifies a person, or the geographic 
        location of a person, who is registered pursuant to regulations 
        under this section (including regulations promulgated before 
        the effective date of this subsection), or any site-specific 
        information relating to the type, quantity, or characterization 
        of a biological agent or toxin listed pursuant to subsection 
        (a)(1) or the site-specific security mechanisms in place to 
        protect such agents and toxins, including the national database 
        required in subsection (d), shall not be disclosed under 
        section 552(a) of title 5, United States Code.
            ``(2) Disclosures for public health and safety; congress.--
        Nothing in this section may be construed as preventing the head 
        of any Federal agency--
                    ``(A) from making disclosures of information 
                described in paragraph (1) for purposes of protecting 
                the public health and safety; or
                    ``(B) from making disclosures of such information 
                to any committee or subcommittee of the Congress with 
                appropriate jurisdiction, upon request.
    ``(i) Civil Penalty.--Any person who violates any provision of a 
regulation under subsection (b) or (c) shall be subject to the United 
States for a civil money penalty in an amount not exceeding $250,000 in 
the case of an individual and $500,000 in the case of any other person. 
The provisions of section 1128A of the Social Security Act (other than 
subsections (a), (b), (h), and (i), the first sentence of subsection 
(c), and paragraphs (1) and (2) of subsection (f)) small apply to civil 
money penalties under this subsection in the same manner as such 
provisions apply to a penalty or proceeding under section 1128A(a) of 
the Social Security Act. The secretary may delegate authority under 
this section in the same manner as provided in section 1128A(j)(2) of 
the Social Security Act and such authority shall include all powers as 
contained in 5 U.S.C. App., section 6.''
    ``(j) Definitions.--For purposes of this section, the terms 
`biological agent' and `toxin' have the same meaning as in section 178 
of title 18, United States Code.''.
            (2) Regulations.--
                    (A) Date certain for promulgation; effective date 
                regarding criminal and civil penalties.--Not later than 
                180 days after the date of the enactment of this title, 
                the Secretary of Health and Human Services shall 
                promulgate an interim final rule for carrying out 
                section 351A(c) of the Public Health Service Act, which 
                amends the Antiterrorism and Effective Death Penalty 
                Act of 1996. Such interim final rule will take effect 
                60 days after the date on which such rule is 
                promulgated, including for purposes of--
                            (i) section 175(b) of title 18, United 
                        States Code (relating to criminal penalties), 
                        as added by subsection (b)(1)(B) of this 
                        section; and
                            (ii) section 351A(i) of the Public Health 
                        Service Act (relating to civil penalties).
                    (B) Submission of registration applications.--A 
                person required to register for possession under the 
                interim final rule promulgated under subparagraph (A), 
                shall submit an application for such registration not 
                later than 60 days after the date on which such rule is 
                promulgated.
            (3) Conforming amendment.--Subsections (d), (e), (f), and 
        (g) of section 511 of the Antiterrorism and Effective Death 
        Penalty Act of 1996 (42 U.S.C. 262 note) are repealed.
            (4) Effective date.--Paragraph (1) shall take effect as if 
        incorporated in the Antiterrorism and Effective Death Penalty 
        Act of 1996, and any regulations, including the list under 
        subsection (d)(1) of section 511 of that Act, issued under 
        section 511 of that Act shall remain in effect as if issued 
        under section 351A of the Public Health Service Act.
    (b) Select Agents.--
            (1) In general.--Section 175 of title 18, United States 
        Code, as amended by the Uniting and Strengthening America by 
        Providing Appropriate Tools Required to Intercept and Obstruct 
        Terrorism (USA PATRIOT ACT) Act of 2001 (Public Law 107-56) is 
        amended--
                    (A) by redesignating subsections (b) and (c) as 
                subsections (c) and (d), respectively; and
                    (B) by inserting after subsection (a) the 
                following:
    ``(b) Select Agents.--
            ``(1) Unregistered for possession.--Whoever knowingly 
        possesses a biological agent or toxin where such agent or toxin 
        is a select agent for which such person has not obtained a 
        registration required by regulation issued under section 
        351A(c) of the Public Health Service Act shall be fined under 
        this title, or imprisoned for not more than 5 years, or both.
            ``(2) Transfer to unregistered person.--Whoever transfers a 
        select agent to a person who the transferor has reasons to 
        believe has not obtained a registration required by regulations 
        issued under section 351A(b) or (c) of the Public Health 
        Service Act shall be fined under this title, or imprisoned for 
        not more than 5 years, or both.''.
            (2) Definitions.--Section 175 of title 18, United States 
        Code, as amended by paragraph (1), is further amended by 
        striking subsection (d) and inserting the following:
    ``(d) Definitions.--As used in this section:
            ``(1) The terms `biological agent' and `toxin' have the 
        meanings given such terms in section 178, except that, for 
        purposes of subsections (b) and (c), such terms do not 
        encompass any biological agent or toxin that is in its 
        naturally occurring environment, if the biological agent or 
        toxin has not been cultivated, cultured, collected, or 
        otherwise extracted from its natural source.
            ``(2) The term `for use as a weapon' includes the 
        development, production, transfer, acquisition, retention, or 
        possession of any biological agent, toxin, or delivery system, 
        other than for prophylactic, protective, or other peaceful 
        purposes.
            ``(3) The term `select agent' means a biological agent or 
        toxin, as defined in paragraph (1), that is on the list that is 
        in effect pursuant to section 511(d)(1) of the Antiterrorism 
        and Effective Death Penalty Act of 1996 (Public Law 104-132), 
        or as subsequently revised under section 351A(a) of the Public 
        Health Service Act.''.
            (3) Conforming amendment.--
                    (A) Section 175(a) of title 18, United States Code, 
                is amended in the second sentence by striking ``under 
                this section'' and inserting ``under this subsection''.
                    (B) Section 175(c) of title 18, United States Code, 
                (as redesignated by paragraph (1)), is amended by 
                striking the second sentence.
    (c) Report to Congress.--Not later than 1 year after the date of 
the enactment of this Act, the Secretary of Health and Human Services, 
after consultation with other appropriate Federal agencies, shall 
submit to the Congress a report that--
            (1) describes the extent to which there has been compliance 
        by governmental and private entities with applicable 
        regulations under section 351A of the Public Health Service 
        Act, including the extent of compliance before the date of the 
        enactment of this Act, and including the extent of compliance 
        with regulations promulgated after such date of enactment;
            (2) describes the actions to date and future plans of the 
        Secretary for updating the list of biological agents and toxins 
        under section 351A(a)(1) of the Public Health Service Act;
            (3) describes the actions to date and future plans of the 
        Secretary for determining compliance with regulations under 
        such section 351A of the Public Health Service Act and for 
        taking appropriate enforcement actions; and
            (4) provides any recommendations of the Secretary for 
        administrative or legislative initiatives regarding such 
        section 351A of the Public Health Service Act.
    Sec. 8134. Section 101(1) of the Soldiers' and Sailors' Civil 
Relief Act of 1940 (50 U.S.C. App. 511(1)) is amended--
            (1) in the first sentence--
                    (A) by striking ``and all'' and inserting ``all''; 
                and
                    (B) by inserting before the period the following: 
                ``, and all members of the National Guard on duty 
                described in the following sentence''; and
            (2) in the second sentence, by inserting before the period 
        the following: ``, and, in the case of a member of the National 
        Guard, shall include training or other duty authorized by 
        section 502(f) of title 32, United States Code, at the request 
        of the President, for or in support of an operation during a 
        war or national emergency declared by the President or 
        Congress''.
    Sec. 8135. Sense of Congress Concerning the Military Industrial 
Base. (a) In General.--It is the sense of the Congress that the 
military aircraft industrial base of the United States be preserved. In 
order to ensure this we must retain--
            (1) adequate competition in the design, engineering, 
        production, sale and support of military aircraft;
            (2) continued innovation in the development and manufacture 
        of military aircraft;
            (3) actual and future capability of more than one aircraft 
        company to design, engineer, produce and support military 
        aircraft.
    (b) Study of Impact on the Industrial Base.--In order to determine 
the current and future adequacy of the military aircraft industrial 
base a study shall be conducted. Of the funds made available under the 
heading ``Procurement, Defense-Wide'' in this Act, up to $1,500,000 may 
be made available for a comprehensive analysis of and report on the 
risks to innovation and cost of limited or no competition in 
contracting for military aircraft and related weapon systems for the 
Department of Defense, including the cost of contracting where there is 
no more than one primary manufacturer with the capacity to bid for and 
build military aircraft and related weapon systems, the impact of any 
limited competition in primary contracting on innovation in the design, 
development, and construction of military aircraft and related weapon 
systems, the impact of limited competition in primary contracting on 
the current and future capacity of manufacturers to design, engineer 
and build military aircraft and weapon systems. The Secretary of 
Defense shall report to the House and Senate Committees on 
Appropriations on the design of this analysis, and shall submit a 
report to these committees no later than 6 months from the date of 
enactment of this Act.
    Sec. 8136. The Secretary of the Army shall, using amounts 
appropriated by title II of this division under the heading ``Operation 
and Maintenance, Army'', make a production grant in the amount of 
$2,000,000 to Green Tree Chemical Technologies of Parlin, New Jersey, 
in order to help sustain that company through fiscal year 2002.
    Sec. 8137. Of the funds appropriated in this Act under the heading 
``Research, Development, Test and Evaluation, Air Force'' up to 
$4,000,000 may be made available to extend the modeling and 
reengineering program now being performed at the Oklahoma City Air 
Logistics Center Propulsion Directorate.
    Sec. 8138. Of the total amount appropriated by title VI under the 
heading ``Other Department of Defense Appropriations'', $7,500,000 may 
be available for Armed Forces Retirement Homes.
    Sec. 8139. Of the total amount appropriated by this division for 
operation and maintenance, Marine Corps, $2,800,000 may be used for 
completing the fielding of half-zip, pullover, fleece uniform shirts 
for all members of the Marine Corps, including the Marine Corps 
Reserve.
    Sec. 8140. Of the amount appropriated by title III of this division 
under the heading ``Aircraft Procurement, Air Force'', $6,000,000 may 
be available for 10 radars in the Air Force Radar Modernization Program 
for C-130H2 aircraft for aircraft of the Nevada Air National Guard at 
Reno, Nevada.
    Sec. 8141. Of the amount appropriated by title IV of this division 
under the heading ``Research, Development, Test and Evaluation, Army'', 
$3,000,000 may be made available for Medical Development for the Clark 
County, Nevada, bioterrorism and public health laboratory.
    Sec. 8142. Of the amount appropriated by title IV of this division 
under the heading ``Research, Development, Test and Evaluation, Air 
Force'', $1,000,000 may be made available for Agile Combat Support for 
the Rural Low Bandwidth Medical Collaboration System.
    Sec. 8143. Of the total amount appropriated by this division for 
operation and maintenance, Navy, $6,000,000 may be available for the 
critical infrastructure protection initiative.
    Sec. 8144. Of the funds provided in this Act under the heading, 
``Research, Development, Test and Evaluation, Air Force'', $2,000,000 
may be made available for Battlespace Logistics Readiness and 
Sustainment project in Fayetteville, Arkansas.
    Sec. 8145. Of the funds appropriated by title VI of this division 
under the heading ``Drug Interdiction and Counter-Drug Activities, 
Defense'', $2,400,000 may be made available for the Counter Narcotics 
and Terrorism Operational Medical Support Program at the Uniformed 
Services University of the Health Sciences.
    Sec. 8146. (a) Assessment Required.--Not later than March 15, 2002, 
the Secretary of the Army shall submit to the Committees on 
Appropriations of the Senate and House of Representatives a report 
containing an assessment of current risks under, and various 
alternatives to, the current Army plan for the destruction of chemical 
weapons.
    (b) Elements.--The report under subsection (a) shall include the 
following:
            (1) A description and assessment of the current risks in 
        the storage of chemical weapons arising from potential 
        terrorist attacks.
            (2) A description and assessment of the current risks in 
        the storage of chemical weapons arising from storage of such 
        weapons after April 2007, the required date for disposal of 
        such weapons as stated in the Chemical Weapons Convention.
            (3) A description and assessment of various options for 
        eliminating or reducing the risks described in paragraphs (1) 
        and (2).
    (c) Considerations.--In preparing the report, the Secretary shall 
take into account the plan for the disassembly and neutralization of 
the agents in chemical weapons as described in Army engineering studies 
in 1985 and 1996, the 1991 Department of Defense Safety Contingency 
Plan, and the 1993 findings of the National Academy of Sciences on 
disassembly and neutralization of chemical weapons.
    Sec. 8147. Of the amount appropriated by title IV of this division 
under the heading ``Research, Development, Test and Evaluation, 
Defense-Wide'' and available for the Advanced Technology Development 
for Arms Control Technology element, $7,000,000 may be made available 
for the Nuclear Treaty sub-element of such element for peer-reviewed 
seismic research to support Air Force operational nuclear test 
monitoring requirements.
    Sec. 8148. Of the amount available in title III of this division 
under the heading ``Procurement of Ammunition, Air Force'', $10,000,000 
may be available for procurement of Sensor Fused Weapons (CBU-97).
    Sec. 8149. Of the amount appropriated by title III of this division 
under the heading ``Other Procurement, Navy'', $8,000,000 may be made 
available for procurement of the Tactical Support Center, Mobile 
Acoustic Analysis System.
    Sec. 8150. Of the total amount appropriated by this division for 
operation and maintenance, Air National Guard, $4,000,000 may be used 
for continuation of the Air National Guard Information Analysis Network 
(GUARDIAN).
    Sec. 8151. Of the amount appropriated by title II for operation and 
maintenance, Defense-wide, $55,700,000 may be available for the Defense 
Leadership and Management Program.
    Sec. 8152. Of the funds made available in title IV of this Act 
under the heading ``Research, Development, Test and Evaluation, Army'', 
up to $4,000,000 may be made available for the Display Performance and 
Environmental Evaluation Laboratory Project of the Army Research 
Laboratory.
    Sec. 8153. Of the funds made available in title II of this Act 
under the heading ``Operation and Maintenance, Navy'', up to $2,000,000 
may be made available for the U.S. Navy to expand the number of combat 
aircrews who can benefit from outsourced Joint Airborne Tactical 
Electronic Combat Training.
    Sec. 8154. Of the funds made available in title II of this Act 
under the heading ``Operation and Maintenance, Air Force'', up to 
$2,000,000 may be made available for the U.S. Air Force to expand the 
number of combat aircrews who can benefit from outsourced Joint 
Airborne Tactical Electronic Combat Training.
    Sec. 8155. Sense of the Senate Regarding Environmental 
Contamination in the Philippines. It is the sense of the Senate that--
            (1) the Secretary of State, in cooperation with the 
        Secretary of Defense, should continue to work with the 
        Government of the Philippines and with appropriate non-
        governmental organizations in the United States and the 
        Philippines to fully identify and share all relevant 
        information concerning environmental contamination and health 
        effects emanating from former United States military facilities 
        in the Philippines following the departure of the United States 
        military forces from the Philippines in 1992;
            (2) the United States and the Government of the Philippines 
        should continue to build upon the agreements outlined in the 
        Joint Statement by the United States and the Republic of the 
        Philippines on a Framework for Bilateral Cooperation in the 
        Environment and Public Health, signed on July 27, 2000; and
            (3) Congress should encourage an objective non-governmental 
        study, which would examine environmental contamination and 
        health effects emanating from former United States military 
        facilities in the Philippines, following the departure of 
        United States military forces from the Philippines in 1992.
    Sec. 8156. (a) Authority for Burial of Certain Individuals at 
Arlington National Cemetery.--The Secretary of the Army shall authorize 
the burial in a separate gravesite at Arlington National Cemetery, 
Virginia, of any individual who--
            (1) died as a direct result of the terrorist attacks on the 
        United States on September 11, 2001; and
            (2) would have been eligible for burial in Arlington 
        National Cemetery by reason of service in a reserve component 
        of the Armed Forces but for the fact that such individual was 
        less than 60 years of age at the time of death.
    (b) Eligibility of Surviving Spouse.--The surviving spouse of an 
individual buried in a gravesite in Arlington National Cemetery under 
the authority provided under subsection (a) shall be eligible for 
burial in the gravesite of the individual to the same extent as the 
surviving spouse of any other individual buried in Arlington National 
Cemetery is eligible for burial in the gravesite of such other 
individual.
    Sec. 8157. In fiscal year 2002, the Department of the Interior 
National Business Center may continue to enter into grants, cooperative 
agreements, and other transactions, under the Defense Conversion, 
Reinvestment, and Transition Assistance Act of 1992, and other related 
legislation.
    Sec. 8158. Of the total amount appropriated by this division for 
other procurement, Army, $9,000,000 may be available for the ``Product 
Improved Combat Vehicle Crewman's Headset''.
    Sec. 8159. Of the funds appropriated by this division for research, 
development, test and evaluation, Navy, up to $4,000,000 may be used to 
support development and testing of new designs of low cost digital 
modems for Wideband Common Data Link.
    Sec. 8160. Of the amount appropriated by this division for the Army 
for research, development, test, and evaluation, $2,000,000 may be 
available for research and development of key enabling technologies 
(such as filament winding, braiding, contour weaving, and dry powder 
resin towpregs fabrication) for producing low cost, improved 
performance, reduced signature, multifunctional composite materials.
    Sec. 8161. Of the total amount appropriated under title IV for 
research, development, test and evaluation, Army, $2,000,000 may be 
available for the Collaborative Engineering Center of Excellence, 
$3,000,000 may be available for the Battlefield Ordnance Awareness, and 
$4,000,000 may be available for the Cooperative Micro-satellite 
Experiment.
    Sec. 8162. Of the amount appropriated by title IV of this division 
under the heading ``Research, Development, Test and Evaluation, Army'' 
that is available for Munitions, $5,000,000 may be available to develop 
high-performance 81mm and 120mm mortar systems that use metal matrix 
composites to substantially reduce the weight of such systems.
    Sec. 8163. Of the total amount appropriated by title IV of this 
division for research, development, test, and evaluation, Air Force, up 
to $6,000,000 may be used for human effectiveness applied research for 
continuing development under the solid electrolyte oxygen separation 
program of the Air Force.
    Sec. 8164. Section 8106 of the Department of Defense Appropriations 
Act, 1997 (titles I through VIII of the matter under subsection 101(b) 
of Public Law 104-208; 110 Stat. 3009-111, 10 U.S.C. 113 note) shall 
continue in effect to apply to disbursements that are made by the 
Department of Defense in fiscal year 2002.
    Sec. 8165. Of the amount appropriated by title IV of this division 
for the Army for research, development, test, and evaluation, 
$5,000,000 may be available for the Three-Dimensional Ultrasound 
Imaging Initiative II.
    Sec. 8166. Of the amount available in title IV of this division 
under the heading ``Research, Development, Test and Evaluation, Army'' 
that is available for missile technology, $5,000,000 may be available 
for the Surveillance Denial Solid Dye Laser Technology program of the 
Aviation and Missile Research, Development and Engineering Center of 
the Army.
    Sec. 8167. Of the amount appropriated by title III of this division 
under the heading ``Other Procurement, Army'', $10,000,000 may be made 
available for procurement of Shortstop Electronic Protection Systems 
for critical force protection.
    Sec. 8168. Of the amount appropriated by title IV of this division 
under the heading ``Research, Development, Test and Evaluation, Navy'', 
up to $5,000,000 may be made available for the Broad Area Maritime 
Surveillance program.
    Sec. 8169. (a) Increase in Amount Available for Former Soviet Union 
Threat Reduction.--The amount appropriated by title II of this division 
under the heading ``Former Soviet Union Threat Reduction'' is hereby 
increased by $46,000,000.
    (b) Offset.--The amount appropriated by title II of this division 
under the heading ``Operation and Maintenance, Defense-Wide'' is hereby 
decreased by $46,000,000.
    Sec. 8170. Of the total amount appropriated by title IV under the 
heading ``Research, Development, Test and Evaluation, Defense-Wide'', 
$2,000,000 may be made available for Military Personnel Research.
    Sec. 8171. Funds appropriated by this Act for C-130J aircraft shall 
be used to support the Air Force's long-range plan called the ``C-130 
Roadmap'' to assist in the planning, budgeting, and beddown of the C-
130J fleet. The ``C-130 Roadmap'' gives consideration to the needs of 
the service, the condition of the aircraft to be replaced, and the 
requirement to properly phase facilities to determine the best C-130J 
aircraft beddown sequence.
    Sec. 8172. Of the funds made available in title II of this Act 
under the heading ``Operation and Maintenance, Army'', $2,550,000 may 
be available for the U.S. Army Materiel Command's Logistics and 
Technology Project (LOGTECH).
    Sec. 8173. Of the total amount appropriated by title IV under the 
heading ``Research, Development, Test and Evaluation, Navy'', 
$5,000,000 is available for the planning and design for evolutionary 
improvements for the next LHD-type Amphibious Assault Ship.
    Sec. 8174. (a) Of the total amount appropriated by title III of 
this division for procurement, Defense-Wide, up to $5,000,000 may be 
made available for low-rate initial production of the Striker advanced 
lightweight grenade launcher.
    (b) Of the total amount appropriated by title IV of this division 
for research, development, test and evaluation, Navy, up to $1,000,000 
may be made available for the Warfighting Laboratory for delivery and 
evaluation of prototype units of the Striker advanced lightweight 
grenade launcher.
    Sec. 8175. Of the total amount appropriated by title IV of this 
division for research, development, test and evaluation, Defense-Wide, 
up to $4,000,000 may be made available for the Intelligent Spatial 
Technologies for Smart Maps Initiative of the National Imagery and 
Mapping Agency.
    Sec. 8176. Of the total amount appropriated by title IV of this 
division for research, development, test, and evaluation, Defense-Wide, 
$5,000,000 may be available for further development of light weight 
sensors of chemical and biological agents using fluorescence-based 
detection.
    Sec. 8177. Of the amount appropriated by title IV of this division 
under the heading ``Research, Development, Test and Evaluation, Army'', 
$2,500,000 may be made available for the Army Nutrition Project.
    Sec. 8178. Of the amount appropriated by title IV of this division 
under the heading ``Research, Development, Test and Evaluation, 
Defense-Wide'', $2,000,000 may be made available for the Partnership 
for Peace (PFP) Information Management System. Any amount made 
available for the Partnership for Peace Information Management System 
under this section is in addition to other amounts available for the 
Partnership for Peace Information Management System under this Act.
    Sec. 8179. Of the amount appropriated by title III of this division 
under the heading ``Other Procurement, Army'', $4,892,000 may be used 
for the Communicator Automated Emergency Notification System of the 
Army National Guard.
    Sec. 8180. Of the funds provided for Research, Development, Test 
and Evaluation in this Act, the Secretary of Defense may use 
$10,000,000 to initiate a university-industry program to utilize 
advances in 3-dimensional chip scale packaging (CSP) and high 
temperature superconducting (HTS) transceiver performance, to reduce 
the size, weight, power consumption, and cost of advanced military 
wireless communications systems for covert military and intelligence 
operations, especially HUMINT.
    Sec. 8181. (a) Funding for National Guard Consolidated Interactive 
Virtual Information Center.-- Of the amount appropriated by title II of 
this division under the heading ``Operation and Maintenance, Air 
National Guard'', $5,000,000 may be available for the Consolidated 
Interactive Virtual Information Center of the National Guard.
    (b) Supplement Not Supplant.--The amount available under subsection 
(a) for the Consolidated Interactive Virtual Information Center of the 
National Guard is in addition to any other amounts available under this 
Act for the Consolidated Interactive Virtual Information Center.
    Sec. 8182. Of the amount appropriated by title IV of this division 
under the heading ``Research, Development, Test and Evaluation, Navy'' 
and available for Navy Space and Electronic Warfare (SEW) Architecture/
Engine, $1,200,000 may be made available for concept development and 
composite construction of high speed vessels currently implemented by 
the Navy Warfare Development Command.
    Sec. 8183. Of the total amount appropriated by this division for 
operation and maintenance, Defense-Wide, $5,000,000 may be available 
for payments under section 363 of the Floyd D. Spence National Defense 
Authorization Act for Fiscal Year 2001 (as enacted into law by Public 
Law 106-398; 114 Stat. 1654A-77).
    Sec. 8184. (a) Findings.--The Senate makes the following findings:
            (1) The military departments have recently initiated worker 
        safety demonstration programs.
            (2) These programs are intended to improve the working 
        conditions of Department of Defense personnel and save money.
            (3) These programs are in the public interest, and the 
        enhancement of these programs will lead to desirable results 
        for the military departments.
    (b) Funds for Enhancement of Army Program.--Of the amount 
appropriated by title II of this division under the heading ``Operation 
and Maintenance, Army'', $3,300,000 may be available to enhance the 
Worker Safety Demonstration Program of the Army.
    (c) Funds for Enhancement of Navy Program.--Of the amount 
appropriated by title II of this division under the heading ``Operation 
and Maintenance, Navy'', $3,300,000 may be available to enhance the 
Worker Safety Demonstration Program of the Navy.
    (d) Funds for Enhancement of Air Force Program.--Of the amount 
appropriated by title II of this division under the heading ``Operation 
and Maintenance, Air Force'', $3,300,000 may be available to enhance 
the Worker Safety Demonstration Program of the Air Force.
    Sec. 8185. Of the total amount appropriated by this division for 
operation and maintenance, Air National Guard, $435,000 may be 
available (subject to section 2805(c) of title 10, United States Code) 
for the replacement of deteriorating gas lines, mains, valves, and 
fittings at the Air National Guard facility at Rosecrans Memorial 
Airport, St. Joseph, Missouri, and (subject to section 2811 of title 
10, United States Code) for the repair of the roof of the Aerial Port 
Facility at that airport.
    Sec. 8186. Of the amount appropriated in title IV of this division 
under the heading ``Research, Development, Test and Evaluation, Navy'', 
$7,000,000 may be made available for the Center for Advanced Power 
Systems.
    Sec. 8187. Of the amount appropriated by title IV of this division 
for the Air Force for research, development, test, and evaluation, 
$3,500,000 may be available for the Collaborative Technology Clusters 
program.
    Sec. 8188. Of the amount appropriated by title III of this division 
under the heading ``Other Procurement, Army'', $7,000,000 may be 
available for Army live fire ranges.
    Sec. 8189. Of the amount appropriated by title II of this division 
under the heading ``Operation and Maintenance, Air Force'', $3,900,000 
may be available for the aging aircraft program of the Air Force.
    Sec. 8190. Of the total amount appropriated in title II of this 
division for operation and maintenance, Navy, for civilian manpower and 
personnel management, $1,500,000 may be used for the Navy Pilot Human 
Resources Call Center, Cutler, Maine.
    Sec. 8191. Of the total amount appropriated in title IV of this 
division for research, development, test and evaluation, Army, 
$5,000,000 may be used for Compact Kinetic Energy Missile Inertial 
Future Missile Technology Integration.
    Sec. 8192. Of the amount appropriated by title III of this division 
under the heading ``Other Procurement, Navy'', $1,600,000 may be 
available for the Navy for Engineering Control and Surveillance 
Systems.
    Sec. 8193. Of the amount appropriated by title IV of this division 
under the heading ``Research, Development, Test and Evaluation, Navy'', 
$5,000,000 may made be available for a program at the Naval Medical 
Research Center (NMRC) to treat victims of radiation exposure.
    Sec. 8194. Of the amount appropriated by title IV of this division 
under the heading ``Research, Development, Test and Evaluation, 
Defense-Wide'', $10,000,000 may be available for the Gulf States 
Initiative.
    Sec. 8195. Of the total amount appropriated by title IV of this 
division for research, development, test, and evaluation, Navy, 
$4,300,000 may be available for the demonstration and validation of 
laser fabricated steel reinforcement for ship construction.
    Sec. 8196. Report on Progress Toward Implementation of 
Comprehensive Nuclear Threat Reduction Programs to Safeguard Pakistani 
and Indian Missile Nuclear Stockpiles and Technology. (a) Findings.--
Congress makes the following findings:
            (1) Since 1991 the Nunn-Lugar cooperative threat reduction 
        initiative with the Russian Federation has sought to address 
        the threat posed by Soviet-era stockpiles of nuclear, chemical, 
        and biological weapons-grade materials being illicitly acquired 
        by terrorist organizations or rogue states.
            (2) India and Pakistan have acquired or developed 
        independently nuclear materials, detonation devices, warheads, 
        and delivery systems as part of their nuclear weapons programs.
            (3) Neither India nor Pakistan is currently a signatory of 
        the Nuclear Non-Proliferation Treaty or the Comprehensive Test 
        Ban Treaty or an active participant in the United Nations 
        Conference of Disarmament, nor do these countries voluntarily 
        submit to international inspections of their nuclear 
        facilities.
            (4) Since the commencement of the military campaign against 
        the Taliban regime and the al-Qaeda terrorist network in 
        Afghanistan, Pakistan has taken additional steps to secure its 
        nuclear assets from theft by members of al-Qaeda or other 
        terrorists sympathetic to Osama bin Laden or the Taliban.
            (5) Self-policing of nuclear materials and sensitive 
        technologies by Indian and Pakistani authorities without up-to-
        date Western technology and expertise in the nuclear security 
        area is unlikely to prevent determined terrorists or 
        sympathizers from gaining access to such stockpiles over the 
        long term.
            (6) The United States has a significant national security 
        interest in cooperating with India and Pakistan in order to 
        ensure that effective nuclear threat reduction programs and 
        policies are being pursued by the governments of those two 
        countries.
    (b) Report.--Not later than 180 days after the date of enactment of 
this Act, the Secretary of Defense, in cooperation with the Secretaries 
of State and Energy, shall submit a report to Congress describing the 
steps that have been taken to develop cooperative threat reduction 
programs with India and Pakistan. Such report shall include 
recommendations for changes in any provision of existing law that is 
currently an impediment to the full establishment of such programs, a 
timetable for implementation of such programs, and an estimated five-
year budget that will be required to fully fund such programs.
    Sec. 8197. Of the amount appropriated by title III of this division 
under the heading ``Procurement, Marine Corps'', $5,000,000 may be 
available for M-4 Carbine, Modular Weapon Systems.
    Sec. 8198. Of the amount appropriated by title III of this division 
under the heading ``Aircraft Procurement, Army'', $7,500,000 may be 
available for AN/AVR-2A laser detecting sets.
    Sec. 8199. Of the amount appropriated by title IV of this division 
under the heading ``Research, Development, Test and Evaluation, Air 
Force'', $2,500,000 may be available for Industrial Preparedness 
(PE0708011F) for continuing development of the nickel-metal hydride 
replacement battery for F-16 aircraft.
    Sec. 8200. Of the amount appropriated by title III under the 
heading ``Aircraft Procurement, Navy'', $8,960,000 may be available for 
the Navy for four Hushkit noise inhibitors for C-9 aircraft.
    Sec. 8201. Of the amount appropriated by title VI of this division 
under the heading ``Defense Health Program'', $5,000,000 may be 
available for the Army for the development of the Operating Room of the 
Future, an applied technology test bed at the University of Maryland 
Medical Center.
    Sec. 8202. Of the amount appropriated by title IV of this division 
under the heading ``Research, Development, Test and Evaluation, Army'', 
$5,700,000 may be made available for the Coalition for Advanced 
Biomaterials Technologies and Therapies (CABTT) program to maximize 
far-forward treatment and for the accelerated return to duty of combat 
casualties.
    Sec. 8203. Of the amount appropriated by title III of this division 
under the heading ``Aircraft Procurement, Navy'', $9,800,000 may be 
available for Advanced Digital Recorders and Digital Recorder Producers 
for P-3 aircraft.
    Sec. 8204. From amounts appropriated by this division, amounts may 
hereby be made available as follows: $8,000,000 for Big Crow 
(PE605118D).
    Sec. 8205. From within amounts appropriated by title IV of this 
division under the heading ``Research, Development, Test and 
Evaluation, Army'' the Commanding General of the Army Space and Missile 
Defense Command may acquire and maintain domed housing units for 
military personnel on Kwajalein Atoll and other islands and locations 
in support of the mission of the command.
    Sec. 8206. Of the funds made available in title IV of this Act 
under the heading ``Research, Development, Test and Evaluation, Army'' 
$4,000,000 may be available for a national tissue engineering center.
    Sec. 8207. Of the funds in title III for Ammunition Procurement, 
Army, $5,000,000 may be available for M107, HE, 155mm.
    Sec. 8208. Of the funds in title IV for Research, Development, Test 
and Evaluation, Air Force, $1,000,000 may be available for Integrated 
Medical Information Technology System.
    Sec. 8209. Of the funds authorized in title IV for appropriation 
for Research, Development, Test and Evaluation, Navy, $3,000,000 may be 
available for modular helmet.
    Sec. 8210. Of the funds available in title II for Operation and 
Maintenance, Army Reserve, $5,000,000 may be available for land forces 
readiness-information operations.
    Sec. 8211. Of the total amount appropriated by title III of this 
division for other procurement, Navy, $10,000,000 may be available for 
the NULKA decoy procurement.
    Sec. 8212. (a) Modification of General Requirements.--Section 
1078(b) of the Floyd D. Spence National Defense Authorization Act for 
Fiscal Year 2001 (as enacted by Public Law 106-398; 114 Stat. 1654A-
283) is amended--
            (1) in paragraph (1), by inserting ``, or its contractors 
        or subcontractors,'' after ``Department of Defense''; and
            (2) in paragraph (3), by striking ``stored, assembled, 
        disassembled, or maintained'' and inserting ``manufactured, 
        assembled, or disassembled''.
    (b) Determination of Exposures at IAAP.--The Secretary of Defense 
shall take appropriate actions to determine the nature and extent of 
the exposure of current and former employees at the Army facility at 
the Iowa Army Ammunition Plant, including contractor and subcontractor 
employees at the facility, to radioactive or other hazardous substances 
at the facility, including possible pathways for the exposure of such 
employees to such substances.
    (c) Notification of Employees Regarding Exposure.--(1) The 
Secretary shall take appropriate actions to--
            (A) identify current and former employees at the facility 
        referred to in subsection (b), including contractor and 
        subcontractor employees at the facility; and
            (B) notify such employees of known or possible exposures to 
        radioactive or other hazardous substances at the facility.
    (2) Notice under paragraph (1)(B) shall include--
            (A) information on the discussion of exposures covered by 
        such notice with health care providers and other appropriate 
        persons who do not hold a security clearance; and
            (B) if necessary, appropriate guidance on contacting health 
        care providers and officials involved with cleanup of the 
        facility who hold an appropriate security clearance.
    (3) Notice under paragraph (1)(B) shall be by mail or other 
appropriate means, as determined by the Secretary.
    (d) Deadline for Actions.--The Secretary shall complete the actions 
required by subsections (b) and (c) not later than 90 days after the 
date of the enactment of this Act.
    (e) Report.--Not later than 90 days after the date of the enactment 
of this Act, the Secretary shall submit to the congressional defense 
committees a report setting forth the results of the actions undertaken 
by the Secretary under this section, including any determinations under 
subsection (b), the number of workers identified under subsection 
(c)(1)(A), the content of the notice to such workers under subsection 
(c)(1)(B), and the status of progress on the provision of the notice to 
such workers under subsection (c)(1)(B).
    Sec. 8213. Of the amount appropriated by title IV of this division 
under the heading ``Research, Development, Test and Evaluation, Air 
Force'' $1,000,000, may be available for Low Cost Launch Vehicle 
Technology.
    Sec. 8214. (a) Study of Physical State of Armed Services Initial 
Entry Trainee Housing and Barracks.--The Comptroller General of the 
United States shall carry out a study of the physical state of the 
Initial Entry Trainee housing and barracks of the Armed Services.
    (b) Report to Congress.--Not later than nine months after the date 
of the enactment of this Act, the Comptroller General shall submit to 
the congressional defense committees a report on the study carried out 
under subsection (a). The report shall set forth the results of the 
study, and shall include such other matters relating to the study as 
the Comptroller General considers appropriate.
    (c) Congressional Defense Committees Defined.--In this section, the 
term ``congressional defense committees'' means--
            (1) the Committees on Appropriations and Armed Services of 
        the Senate; and
            (2) the Committees on Appropriations and Armed Services of 
        the House of Representatives.
    Sec. 8215. Pilot Program for Efficient Inventory Management System 
for the Department of Defense. (a) Of the total amount appropriated by 
this division for operation and maintenance, Defense-Wide, $1,000,000 
may be available for the Secretary of Defense to carry out a pilot 
program for the development and operation of an efficient inventory 
management system for the Department of Defense. The pilot program may 
be designed to address the problems in the inventory management system 
of the Department that were identified by the Comptroller General of 
the United States as a result of the General Accounting Office audit of 
the inventory management system of the Department in 1997.
    (b) In entering into any contract for purposes of the pilot 
program, the Secretary may take into appropriate account current 
Department contract goals for small business concerns owned and 
controlled by socially and economically disadvantaged individuals.
    (c) Not later than one year after the date of the enactment of this 
Act, the Secretary may submit to Congress a report on the pilot 
program. The report shall describe the pilot program, assess the 
progress of the pilot program, and contain such recommendations as the 
Secretary considers appropriate regarding expansion or extension of the 
pilot program.
    Sec. 8216. Of the amount appropriated by title IV of this division 
under the heading ``Research, Development, Test and Evaluation, Navy'', 
$2,000,000 may be allocated to the Advanced Safety Tether Operation and 
Reliability/Space Transfer using Electrodynamic Propulsion (STEP-
AIRSEDS) program (PE0602236N) of the Office of Naval Research/Navy 
Research Laboratory.

       TITLE IX--AMERICAN SERVICEMEMBERS' PROTECTION ACT OF 2001

SEC. 9001. SHORT TITLE.

    This title may be cited as the ``American Servicemembers' 
Protection Act of 2001''.

SEC. 9002. FINDINGS.

    Congress makes the following findings:
            (1) On July 17, 1998, the United Nations Diplomatic 
        Conference of Plenipotentiaries on the Establishment of an 
        International Criminal Court, meeting in Rome, Italy, adopted 
        the ``Rome Statute of the International Criminal Court''. The 
        vote on whether to proceed with the statute was 120 in favor to 
        7 against, with 21 countries abstaining. The United States 
        voted against final adoption of the Rome 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 
        regularly 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 arrangement 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 in multinational 
        operations, including humanitarian interventions to save 
        civilian lives. Other contributors to peacekeeping operations 
        will be similarly exposed.''.
            (6) Notwithstanding these concerns, President Clinton 
        directed that the United States sign the Rome Statute on 
        December 31, 2000. In a statement issued that day, he stated 
        that in view of the unremedied deficiencies of the Rome 
        Statute, ``I will not, and do not recommend that my successor 
        submit the Treaty to the Senate for advice and consent until 
        our fundamental concerns are satisfied''.
            (7) Any American prosecuted by the International Criminal 
        Court will, under the Rome Statute, be denied procedural 
        protections to which all Americans are entitled under the Bill 
        of Rights to the United States Constitution, such as the right 
        to trial by jury.
            (8) Members of the Armed Forces of the United States should 
        be free from the risk of prosecution by the International 
        Criminal Court, especially when they are stationed or deployed 
        around the world to protect the vital national interests of the 
        United States. The United States Government has an obligation 
        to protect the members of its Armed Forces, to the maximum 
        extent possible, against criminal prosecutions carried out by 
        the International Criminal Court.
            (9) In addition to exposing members of the Armed Forces of 
        the United States to the risk of international criminal 
        prosecution, the Rome Statute creates a risk that the President 
        and other senior elected and appointed officials of the United 
        States Government may be prosecuted by the International 
        Criminal Court. Particularly if the Preparatory Commission 
        agrees on a definition of the Crime of Aggression over United 
        States objections, senior United States officials may be at 
        risk of criminal prosecution for national security decisions 
        involving such matters as responding to acts of terrorism, 
        preventing the proliferation of weapons of mass destruction, 
        and deterring aggression. No less than members of the Armed 
        Forces of the United States, senior officials of the United 
        States Government should be free from the risk of prosecution 
        by the International Criminal Court, especially with respect to 
        official actions taken by them to protect the national 
        interests of the United States.
            (10) Any agreement within the Preparatory Commission on a 
        definition of the Crime of 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.

SEC. 9003. WAIVER AND TERMINATION OF PROHIBITIONS OF THIS TITLE.

    (a) Authority To Waive Sections 9004 and 9005 With Respect to an 
Investigation or Prosecution of a Named Individual.--The President is 
authorized to waive the prohibitions and requirements of sections 9004 
and 9005 to the degree such prohibitions and requirements would prevent 
United States cooperation with an investigation or prosecution of a 
named individual by the International 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) there is reason to believe that the named 
                individual committed the crime or crimes that are the 
                subject of the International Criminal Court's 
                investigation or prosecution;
                    (B) 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
                    (C) in investigating events related to actions by 
                the named individual, none of the following persons 
                will be investigated, arrested, detained, prosecuted, 
                or imprisoned by or on behalf of the International 
                Criminal Court with respect to actions undertaken by 
                them in an official capacity:
                            (i) Covered United States persons.
                            (ii) Covered allied persons.
                            (iii) Individuals who were covered United 
                        States persons or covered allied persons.
    (b) Termination of Prohibitions of This Title.--The prohibitions 
and requirements of sections 9004 and 9005 shall cease to apply, and 
the authority of section 9006 shall terminate, if the United States 
becomes a party to the International Criminal Court pursuant to a 
treaty made under article II, section 2, clause 2 of the Constitution 
of the United States.

SEC. 9004. 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 
        enactment of this Act to investigate and prosecute war crimes 
        committed in a specific country or during a specific conflict; 
        and
            (2) shall not prohibit--
                    (A) any action permitted under section 9006; or
                    (B) communication by the United States of its 
                policy with respect to a matter.
    (b) Prohibition on Responding to Requests for Cooperation.--
Notwithstanding section 1782 of title 28, United States Code, or any 
other provision of law, no United States Court, and no agency or entity 
of any State or local government, including any court, may cooperate 
with the International Criminal Court in response to a 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 cooperation 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 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, 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 executive agreements for 
mutual legal assistance in criminal matters, multilateral conventions 
with legal assistance provisions, and extradition 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 preliminary inquiry, 
investigation, prosecution, or other proceeding at the International 
Criminal Court.

SEC. 9005. PROHIBITION ON DIRECT OR INDIRECT TRANSFER OF CLASSIFIED 
              NATIONAL SECURITY INFORMATION AND LAW ENFORCEMENT 
              INFORMATION TO THE INTERNATIONAL CRIMINAL COURT.

    (a) In General.--Not later than the date on which the Rome Statute 
enters into force, the President shall ensure that appropriate 
procedures are in place to prevent the transfer of classified national 
security information and law enforcement information to the 
International Criminal Court for the purpose of facilitating an 
investigation, 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 party to the 
International Criminal Court of classified national security 
information and law enforcement information that specifically relates 
to matters known to be under investigation or prosecution by the 
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 9006.

SEC. 9006. AUTHORITY TO FREE MEMBERS OF THE ARMED FORCES OF THE UNITED 
              STATES AND CERTAIN OTHER PERSONS DETAINED OR IMPRISONED 
              BY OR ON BEHALF OF THE INTERNATIONAL CRIMINAL COURT.

    (a) Authority.--The President is authorized to use all means 
necessary and appropriate to bring about the release of any person 
described in subsection (b) who is being detained or imprisoned by, on 
behalf of, or at the request of the International Criminal Court.
    (b) Persons Authorized To Be Freed.--The authority of subsection 
(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 
        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, prosecuted, or 
imprisoned by, on behalf of, or at the request of the International 
Criminal Court, the President is authorized to direct any agency of the 
United States Government to provide--
            (1) legal representation and other legal assistance to that 
        person (including, in the case of a person entitled to 
        assistance under section 1037 of title 10, United States Code, 
        representation and other assistance in the manner provided in 
        that section);
            (2) exculpatory evidence on behalf of that person; and
            (3) defense of the interests of the United States through 
        appearance before the International Criminal Court pursuant to 
        Article 18 or 19 of the Rome Statute, or before the courts or 
        tribunals of any country.
    (d) Bribes and Other Inducements Not Authorized.--This section does 
not authorize the payment of bribes or the provision of other such 
incentives to induce the release of a person described in subsection 
(b).

SEC. 9007. ALLIANCE COMMAND ARRANGEMENTS.

    (a) Report on Alliance Command Arrangements.--Not later than 6 
months after the date of the enactment of this Act, the President 
should transmit to the appropriate congressional committees a report 
with respect to each military alliance to which the United States is 
party--
            (1) describing the degree to which members of the Armed 
        Forces of the United States may, in the 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 Protection for 
Members of the Armed Forces of the United States.--Not later than one 
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 subsection 
(a), and the description of measures under subsection (b), or 
appropriate parts thereof, may be submitted in classified form.

SEC. 9008. 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 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 Maintenance Account of the Department of State.

SEC. 9009. APPLICATION OF SECTIONS 9004 AND 9005 TO EXERCISE OF 
              CONSTITUTIONAL AUTHORITIES.

    (a) In General.--Sections 9004 and 9005 shall not apply to any 
action or actions with respect to a specific matter involving the 
International Criminal Court taken or directed by the President on a 
case-by-case basis in the exercise of the President's authority as 
Commander in Chief of the Armed Forces of the United States under 
article II, section 2 of the United States Constitution or in the 
exercise of the executive power under article II, section 1 of the 
United States Constitution.
    (b) Notification to Congress.--
            (1) In general.--Subject to paragraph (2), not later than 
        15 days after the President takes or directs an action or 
        actions described in subsection (a) that would otherwise be 
        prohibited under section 9004 or 9005, 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 justification 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 determination 
        under this paragraph no longer apply.
    (c) Construction.--Nothing in this section shall be construed as a 
grant of statutory authority to the President to take any action.

SEC. 9010. NONDELEGATION.

    The authorities vested in the President by sections 9003 and 
9009(a) may not be delegated by the President pursuant to section 301 
of title 3, United States Code, or any other provision of law.

SEC. 9011. DEFINITIONS.

    As used in this title and in section 706 of the Admiral James W. 
Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 
2000 and 2001:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the Committee 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 information 
        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 
        officials, and other persons employed by or working on behalf 
        of the government of a NATO member country, a major non-NATO 
        ally (including Australia, Egypt, Israel, Japan, Jordan, 
        Argentina, the Republic of Korea, and New Zealand), or Taiwan, 
        for so long as that government is not a party to the 
        International Criminal Court and wishes its officials and other 
        persons 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 provisions of chapter 209 of title 18, United States 
        Code, (including section 3181(b) of such title) and such terms 
        include both extradition and surrender as those terms are 
        defined in Article 102 of the Rome Statute.
            (6) International criminal court.--The term ``International 
        Criminal Court'' means the court established by the Rome 
        Statute.
            (7) Major non-nato ally.--The term ``major non-NATO ally'' 
        means a country that has been so designated in accordance with 
        section 517 of the Foreign Assistance Act of 1961.
            (8) Participate in any peacekeeping operation under chapter 
        vi of the charter of the united nations or peace enforcement 
        operation under chapter vii of the charter of the united 
        nations.--The term ``participate in any 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 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.
            (10) Peacekeeping operation under chapter vi of the charter 
        of the united nations or peace enforcement operation under 
        chapter vii of the charter of the united nations.--The term 
        ``peacekeeping operation under chapter VI of the charter of the 
        United Nations or peace enforcement operation under chapter VII 
        of the charter of the United Nations'' means any military 
        operation to maintain or restore international peace and 
        security that--
                    (A) is authorized by the United Nations Security 
                Council under chapter VI or VII of the charter of the 
                United Nations; and
                    (B) is paid for from assessed contributions of 
                United Nations members that are made available for 
                peacekeeping or peace enforcement activities.
            (11) Rome statute.--The term ``Rome Statute'' means the 
        Rome Statute of the International Criminal Court, adopted by 
        the United Nations Diplomatic Conference of Plenipotentiaries 
        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. 9012. PERIOD OF EFFECTIVENESS OF THE TITLE.

    Except as otherwise provided in this title, the provisions of this 
title shall take effect on the date of enactment of this Act and remain 
in effect without regard to the expiration of fiscal year 2002.
    This division may be cited as the ``Department of Defense 
Appropriations Act, 2002''.

  DIVISION B--TRANSFERS FROM THE EMERGENCY RESPONSE FUND PURSUANT TO 
                           PUBLIC LAW 107-38

    The funds appropriated in Public Law 107-38 subject to subsequent 
enactment and previously designated as an emergency by the President 
and Congress under the Balanced Budget and Emergency Deficit Control 
Act of 1985, are transferred to the following chapters and accounts as 
follows:

                               CHAPTER 1

                       DEPARTMENT OF AGRICULTURE

                        Office of the Secretary

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Office of the 
Secretary'', $80,919,000, to remain available until expended, to be 
obligated from amounts made available in Public Law 107-38.

                     Agricultural Research Service

                         salaries and expenses

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Salaries and Expenses'', 
$70,000,000, to remain available until expended, to be obligated from 
amounts made available in Public Law 107-38.

                        buildings and facilities

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Buildings and 
Facilities'', $73,000,000, to remain available until expended, to be 
obligated from amounts made available in Public Law 107-38.

      Cooperative State Research, Education, and Extension Service

                         research and education

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Research and Education'', 
$50,000,000, to remain available until expended, to be obligated from 
amounts made available in Public Law 107-38.

               Animal and Plant Health Inspection Service

                         salaries and expenses

                     (including transfer of funds)

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Salaries and Expenses'', 
$95,000,000, to remain available until expended, to be obligated from 
amounts made available in Public Law 107-38, of which $50,000,000 may 
be transferred and merged with the Agriculture Quarantine Inspection 
User Fee Account.

                        buildings and facilities

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Buildings and 
Facilities'', $14,081,000, to remain available until expended, to be 
obligated from amounts made available in Public Law 107-38.

                   Food Safety and Inspection Service

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Food Safety and 
Inspection Service'', $15,000,000, to remain available until expended, 
to be obligated from amounts made available in Public Law 107-38.

                       Food and Nutrition Service

special supplemental nutrition program for women, infants, and children 
                                 (wic)

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Special Supplemental 
Nutrition Program for Women, Infants, and Children (WIC)'', 
$39,000,000, to remain available until September 30, 2003, to be 
obligated from amounts made available in Public Law 107-38: Provided, 
That of the amounts provided in this Act and any amounts available for 
reallocation in fiscal year 2002, the Secretary shall reallocate funds 
under section 17(g)(2) of the Child Nutrition Act of 1966, as amended, 
in the manner and under the formula the Secretary deems necessary to 
respond to the effects of unemployment and other conditions caused by 
the recession, and starting no later than March 1, 2002, such 
reallocation shall occur no less frequently than every other month 
throughout the fiscal year.

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                      Food and Drug Administration

                         salaries and expenses

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Salaries and Expenses'', 
$127,000,000, to remain available until expended, to be obligated from 
amounts made available in Public Law 107-38.

                             RELATED AGENCY

                  Commodity Futures Trading Commission

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Commodity Futures Trading 
Commission'', $10,000,000, to remain available until expended, to be 
obligated from amounts made available in Public Law 107-38.

                    GENERAL PROVISION, THIS CHAPTER

    Sec. 101. Section 741(b) of the Agriculture, Rural Development, 
Food and Drug Administration, and Related Agencies Appropriations Act, 
2002 (P.L. 107-76), is amended by striking ``20,000,000 pounds'' and 
inserting ``5,000,000 pounds''.

                               CHAPTER 2

                         DEPARTMENT OF JUSTICE

                         General Administration

                         patriot act activities

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Patriot Act Activities'', 
$25,000,000, to remain available until expended, to be obligated from 
amounts made available in Public Law 107-38, of which $2,000,000 shall 
be for a feasibility report, as authorized by Section 405 of Public Law 
107-56, and of which $23,000,000 shall be for implementation of such 
enhancements as are deemed necessary: Provided, That funding for the 
implementation of such enhancements shall be treated as a reprogramming 
under section 605 of Public Law 107-77 and shall not be available for 
obligation or expenditure except in compliance with the procedures set 
forth in that section.

                   administrative review and appeals

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Administrative Review and 
Appeals'', $3,500,000, to remain available until expended, to be 
obligated from amounts made available in Public Law 107-38.

                            Legal Activities

            salaries and expenses, general legal activities

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Salaries and Expenses, 
General Legal Activities'', $21,250,000, to remain available until 
expended, to be obligated from amounts made available in Public Law 
107-38, of which $15,000,000 shall be for a cyber security initiative.

             salaries and expenses, united states attorneys

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Salaries and Expenses, 
United States Attorneys'', $74,600,000, to remain available until 
expended, to be obligated from amounts made available in Public Law 
107-38.

         salaries and expenses, united states marshals service

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Salaries and Expenses, 
United States Marshals Service'', $26,100,000, to remain available 
until expended, to be obligated from amounts made available in Public 
Law 107-38, of which $9,125,000 shall be for courthouse security 
equipment.

                              construction

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Construction'', 
$35,000,000, to remain available until expended, to be obligated from 
amounts made available in Public Law 107-38.

                    Federal Bureau of Investigation

                         salaries and expenses

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Salaries and Expenses'', 
$654,500,000, to remain available until expended, to be obligated from 
amounts made available in Public Law 107-38, of which $10,283,000 is 
for the refurbishing of the Engineering and Research Facility and 
$14,135,000 is for the decommissioning and renovation of former 
laboratory space in the Hoover building, of which $66,000,000 shall be 
for a cyber security initiative at the National Infrastructure 
Protection Center.

                 Immigration and Naturalization Service

                         salaries and expenses

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States and for all costs associated 
with the reorganization of the Immigration and Naturalization Service, 
for ``Salaries and Expenses'', $449,800,000, to remain available until 
expended, to be obligated from amounts made available in Public Law 
107-38, of which $10,000,000 shall be for additional border patrols 
along the Southwest border, of which $55,800,000 shall be for 
additional inspectors and support staff on the northern border, and of 
which $23,900,000 shall be for transfer of and additional border 
patrols and support staff on the northern border.

                              construction

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Construction'', 
$99,600,000, to remain available until expended, to be obligated from 
amounts made available in Public Law 107-38.

                       Office of Justice Programs

                           justice assistance

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Justice Assistance'', 
$400,000,000, to remain available until expended, 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, to be obligated from amounts made 
available in Public Law 107-38, of which $9,800,000 is for an aircraft 
for counterterrorism and other required activities for the City of New 
York.

               state and local law enforcement assistance

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, $245,900,000 shall be for 
discretionary grants under the Edward Byrne Memorial State and Local 
Law Enforcement Assistance Program, of which $81,700,000 shall be for 
Northern Virginia, of which $81,700,000 shall be for New Jersey, of 
which $56,500,000 shall be for Maryland, of which $17,000,000 shall be 
for a grant for the Utah Olympic Public Safety Command for security 
equipment and infrastructure related to the 2002 Winter Olympics, 
including the Paralympics and related events, and of which $9,000,000 
shall be made available for discretionary grants to State and local law 
enforcement agencies to establish or enhance cybercrime units aimed at 
investigating and prosecuting cybersecurity offenses, to remain 
available until expended, and to be obligated from amounts made 
available in Public Law 107-38.

                           crime victims fund

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Crime Victims Fund'', 
$68,100,000, to remain available until expended, to be obligated from 
amounts made available in Public Law 107-38.

                         DEPARTMENT OF COMMERCE

                   International Trade Administration

                     operations and administration

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Operations and 
Administration'', $1,500,000, to remain available until expended, to be 
obligated from amounts made available in Public Law 107-38.

                         Export Administration

                     operations and administration

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Operations and 
Administration'', $1,756,000, to remain available until expended, to be 
obligated from amounts made available in Public Law 107-38.

                  Economic Development Administration

                         salaries and expenses

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Salaries and Expenses'', 
$335,000, to remain available until expended, to be obligated from 
amounts made available in Public Law 107-38.

       National Telecommunications and Information Administration

    public telecommunications facilities, planning and construction

    For emergency grants authorized by section 392 of the 
Communications Act of 1934, as amended, to respond to the September 11, 
2001, terrorist attacks on the United States, $8,250,000, to remain 
available until expended, to be obligated from amounts made available 
in Public Law 107-38.

               United States Patent and Trademark Office

                         salaries and expenses

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Salaries and Expenses'', 
$3,360,000, to remain available until expended, to be obligated from 
amounts made available in Public Law 107-38.

             National Institute of Standards and Technology

             scientific and technical research and services

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Scientific and Technical 
Research and Services'', $10,400,000, to remain available until 
expended, to be obligated from amounts made available in Public Law 
107-38, of which $10,000,000 shall be for a cyber security initiative.

                  construction of research facilities

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Construction of Research 
Facilities'', $1,225,000, to remain available until expended, to be 
obligated from amounts made available in Public Law 107-38.

            National Oceanic and Atmospheric Administration

                  operations, research and facilities

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Operations, Research and 
Facilities'', $2,750,000, to remain available until expended, to be 
obligated from amounts made available in Public Law 107-38.

                        Departmental Management

                         salaries and expenses

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Salaries and Expenses'', 
$881,000, to remain available until expended, to be obligated from 
amounts made available in Public Law 107-38.

                             THE JUDICIARY

                   Supreme Court of the United States

                   care of the buildings and grounds

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Care of the Buildings and 
Grounds'', $30,000,000, to remain available until expended for security 
enhancements, to be obligated from amounts made available in Public Law 
107-38.

     Court of Appeals, District Courts, and Other Judicial Services

                         salaries and expenses

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Salaries and Expenses'', 
$5,000,000, is for Emergency Communications Equipment, to remain 
available until expended, to be obligated from amounts made available 
in Public Law 107-38.

                             court security

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Court Security'', 
$57,521,000, to remain available until expended, to be obligated from 
amounts made available in Public Law 107-38, for security of the 
Federal judiciary, of which not less than $4,000,000 shall be available 
to reimburse the United States Marshals Service for a Supervisory 
Deputy Marshal responsible for coordinating security in each judicial 
district and circuit: Provided, That the funds may be expended directly 
or transferred to the United States Marshals Service.

           Administrative Office of the United States Courts

                         salaries and expenses

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Salaries and Expenses'', 
$2,879,000, to remain available until expended, to enhance security at 
the Thurgood Marshall Federal Judiciary Building, to be obligated from 
amounts made available in Public Law 107-38.

                            RELATED AGENCIES

                      Department of Transportation

                        Maritime Administration

                        operations and training

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Operations and 
Training'', $11,000,000, for a port security program, to remain 
available until expended, to be obligated from amounts made available 
in Public Law 107-38.

          maritime guaranteed loan (title xi) program account

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for the cost of guaranteed 
loans, as authorized by the Merchant Marine Act, 1936, $12,000,000, to 
remain available until expended, to be obligated from amounts made 
available in Public Law 107-38: Provided, That such costs, including 
the cost of modifying such loans, shall be as defined in section 502 of 
the Congressional Budget Act of 1974, as amended.

                Equal Employment Opportunity Commission

                         salaries and expenses

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Salaries and Expenses'', 
$1,301,000, to remain available until expended, to be obligated from 
amounts made available in Public Law 107-38.

                   Securities and Exchange Commission

                         salaries and expenses

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Salaries and Expenses'', 
$20,705,000, to remain available until expended, to be obligated from 
amounts made available in Public Law 107-38.

                     Small Business Administration

                     business loans program account

    For emergency expenses for disaster recovery activities and 
assistance related to the terrorist acts in New York, Virginia and 
Pennsylvania on September 11, 2001, for ``Business Loans Program 
Account'', $75,000,000, for the cost of loan subsidies and for loan 
modifications as authorized by section 202 of this Act, to remain 
available until expended, to be obligated from amounts made available 
in Public Law 107-38.

                     disaster loans program account

    For emergency expenses for disaster recovery activities and 
assistance related to the terrorist acts in New York, Virginia and 
Pennsylvania on September 11, 2001, for ``Disaster Loans Program 
Account'', $75,000,000, for the cost of loan subsidies and for loan 
modifications as authorized by section 201 of this Act, to remain 
available until expended, to be obligated from amounts made available 
in Public Law 107-38.

                    GENERAL PROVISIONS, THIS CHAPTER

    Sec. 201. For purposes of assistance available under section 
7(b)(2) and (4) of the Small Business Act (15 U.S.C. 636(b)(2) and (4)) 
to small business concerns located in disaster areas declared as a 
result of the September 11, 2001, terrorist attacks--
            (i) the term ``small business concern'' shall include not-
        for-profit institutions and small business concerns described 
        in United States Industry Codes 522320, 522390, 523210, 523920, 
        523991, 524113, 524114, 524126, 524128, 524210, 524291, 524292, 
        and 524298 of the North American Industry Classification System 
        (as described in 13 C.F.R. 121.201, as in effect on January 2, 
        2001);
            (ii) the Administrator may apply such size standards as may 
        be promulgated under such section 121.201 after the date of 
        enactment of this provision, but no later than one year 
        following the date of enactment of this Act; and
            (iii) payments of interest and principal shall be deferred, 
        and no interest shall accrue during the two-year period 
        following the issuance of such disaster loan.
    Sec. 202. Notwithstanding any other provision of law, the 
limitation on the total amount of loans under section 7(b) of the Small 
Business Act (15 U.S.C. 636(b)) outstanding and committed to a borrower 
in the disaster areas declared in response to the September 11, 2001, 
terrorist attacks shall be increased to $10,000,000 and the 
Administrator shall, in lieu of the fee collected under section 
7(a)(23)(A) of the Small Business Act (15 U.S.C. 636(a)(23)(A)), 
collect an annual fee of 0.25 percent of the outstanding balance of 
deferred participation loans made under section 7(a) to small 
businesses adversely affected by the September 11, 2001, terrorist 
attacks and their aftermath, for a period of one year following the 
date of enactment and to the extent the costs of such reduced fees are 
offset by appropriations provided by this Act.
    Sec. 203. Not later than April 1, 2002, the Secretary of State 
shall submit to the Committees on Appropriations, in both classified 
and unclassified form, a report on the United States-People's Republic 
of China Science and Technology Agreement of 1979, including all 
protocols. The report is intended to provide a comprehensive evaluation 
of the benefits of the agreement to the Chinese economy, military, and 
defense industrial base. The report shall include the following 
elements:
            (1) an accounting of all activities conducted under the 
        Agreement for the past five years, and a projection of 
        activities to be undertaken through 2010;
            (2) an estimate of the annual cost to the United States to 
        administer the Agreement;
            (3) an assessment of how the Agreement has influenced the 
        policies of the People's Republic of China toward scientific 
        and technological cooperation with the United States;
            (4) an analysis of the involvement of Chinese nuclear 
        weapons and military missile specialists in the activities of 
        the Joint Commission;
            (5) a determination of the extent to which the activities 
        conducted under the Agreement have enhanced the military and 
        industrial base of the People's Republic of China, and an 
        assessment of the impact of projected activities through 2010, 
        including transfers of technology, on China's economic and 
        military capabilities; and
            (6) recommendations on improving the monitoring of the 
        activities of the Commission by the Secretaries of Defense and 
        State.
    The report shall be developed in consultation with the Secretaries 
of Commerce, Defense, and Energy, the Directors of the National Science 
Foundation and the Federal Bureau of Investigation, and the 
intelligence community.
    Sec. 204. From within funds available to the State of Alaska or the 
Alaska Region of the National Marine Fisheries Service, an additional 
$500,000 may be made available for the cost of guaranteeing the 
reduction loan authorized under section 144(d)(4)(A) of title I, 
division B of Public Law 106-554 (114 Stat. 2763A-242) and that 
subparagraph is amended to read as follows: ``(4)(A) The fishing 
capacity reduction program required under this subsection is authorized 
to be financed through a reduction loan of $100,000,000 under sections 
1111 and 1112 of title XI of the Merchant Marine Act, 1936 (46 U.S.C. 
App. 1279f and 1279g).''.

                     Small Business Administration

                     disaster loan program account

    Sec. 205. Of the amount made available under this heading in the 
Departments of Commerce, Justice, and State, the Judiciary, and Related 
Agencies Appropriations Act, 2002 (Public Law 107-77), for 
administrative expenses to carry out the direct loan program, 
$5,000,000 shall be made available for necessary expenses of the 
HUBZone program as authorized by section 31 of the Small Business Act, 
as amended (15 U.S.C. 657a), of which, not more than $500,000 may be 
used for the maintenance and operation of the Procurement Marketing and 
Access Network (PRO-Net). The Administrator of the Small Business 
Administration shall make quarterly reports to the Committees on 
Appropriations of the Senate and the House of Representatives, the 
Committee on Small Business and Entrepreneurship of the Senate, and the 
Committee on Small Business of the House of Representatives regarding 
all actions taken by the Small Business Administration to address the 
deficiencies in the HUBZone program, as identified by the General 
Accounting Office in report number GAO-02-57 of October 26, 2001.

                               CHAPTER 3

                         DEPARTMENT OF DEFENSE

                       OPERATION AND MAINTENANCE

                    Defense Emergency Response Fund

    For emergency expenses to respond to the September 11, 2001 
terrorist attacks on the United States, for ``Defense Emergency 
Response Fund'', $1,525,000,000, to remain available until expended, to 
be obligated from amounts made available by Public Law 107-38: 
Provided, That $20,000,000 shall be made available for the National 
Infrastructure Simulation and Analysis Center (NISAC): Provided 
further, That $500,000 shall be made available only for the White House 
Commission on the National Moment of Remembrance: Provided further, 
That--
            (1) $35,000,000 shall be available for the procurement of 
        the Advance Identification Friend-or-Foe system for integration 
        into F-16 aircraft of the Air National Guard that are being 
        used in continuous air patrols over Washington, District of 
        Columbia, and New York, New York; and
            (2) $20,000,000 shall be available for the procurement of 
        the Transportation Multi-Platform Gateway for integration into 
        the AWACS aircraft that are being used to perform early warning 
        surveillance over the United States.

                    GENERAL PROVISIONS, THIS CHAPTER

    Sec. 301. Amounts available in the ``Defense Emergency Response 
Fund'' shall be available for the purposes set forth in the 2001 
Emergency Supplemental Appropriations Act for Recovery from and 
Response to Terrorist Attacks on the United States (Public Law 107-38): 
Provided, That the Fund may be used to reimburse other appropriations 
or funds of the Department of Defense only for costs incurred for such 
purposes between September 11 and December 31, 2001: Provided further, 
That such Fund may be used to liquidate obligations incurred by the 
Department under the authorities in 41 U.S.C. 11 for any costs incurred 
for such purposes between September 11 and September 30, 2001: Provided 
further, That the Secretary of Defense may transfer funds from the Fund 
to the appropriation, ``Support for International Sporting 
Competitions, Defense'', to be merged with, and available for the same 
time period and for the same purposes as that appropriation: Provided 
further, That the transfer authority provided by this section is in 
addition to any other transfer authority available to the Secretary of 
Defense: Provided further, That the Secretary of Defense shall report 
to the Congress quarterly all transfers made pursuant to this 
authority.
    Sec. 302. Amounts in the ``Support for International Sporting 
Competitions, Defense'', may be used to support essential security and 
safety for the 2002 Winter Olympic Games in Salt Lake City, Utah, 
without the certification required under subsection 10 U.S.C. 2564(a). 
Further, the term ``active duty'', in section 5802 of Public Law 104-
208 shall include State active duty and full-time National Guard duty 
performed by members of the Army National Guard and Air National Guard 
in connection with providing essential security and safety support to 
the 2002 Winter Olympic Games and logistical and security support to 
the 2002 Paralympic Games.
    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 of section 
504 of the National Security Act of 1947 (50 U.S.C. 414).

                               CHAPTER 4

                          DISTRICT OF COLUMBIA

                             FEDERAL FUNDS

Federal Payment to the District of Columbia for Protective Clothing and 
                          Breathing Apparatus

    For a Federal payment to the District of Columbia for protective 
clothing and breathing apparatus, to be obligated from amounts made 
available in Public Law 107-38 and to remain available until September 
30, 2003, $7,144,000, of which $922,000 is for the Fire and Emergency 
Medical Services Department, $4,269,000 is for the Metropolitan Police 
Department, $1,500,000 is for the Department of Health, and $453,000 is 
for the Department of Public Works.

 Federal Payment to the District of Columbia for Specialized Hazardous 
                          Materials Equipment

    For a Federal payment to the District of Columbia for specialized 
hazardous materials equipment, to be obligated from amounts made 
available in Public Law 107-38 and to remain available until September 
30, 2003, $1,032,000, for the Fire and Emergency Medical Services 
Department.

Federal Payment to the District of Columbia for Chemical and Biological 
                          Weapons Preparedness

    For a Federal payment to the District of Columbia for chemical and 
biological weapons preparedness, to be obligated from amounts made 
available in Public Law 107-38 and to remain available until September 
30, 2003, $10,355,000, of which $205,000 is for the Fire and Emergency 
Medical Services Department, $258,000 is for the Metropolitan Police 
Department, and $9,892,000 is for the Department of Health.

  Federal Payment to the District of Columbia for Pharmaceuticals for 
                               Responders

    For a Federal payment to the District of Columbia for 
pharmaceuticals for responders, to be obligated from amounts made 
available in Public Law 107-38 and to remain available until September 
30, 2003, $2,100,000, for the Department of Health.

     Federal Payment to the District of Columbia for Response and 
                       Communications Capability

    For a Federal payment to the District of Columbia for response and 
communications capability, to be obligated from amounts made available 
in Public Law 107-38 and to remain available until September 30, 2003, 
$14,960,000, of which $7,755,000 is for the Fire and Emergency Medical 
Services Department, $5,855,000 is for the Metropolitan Police 
Department, $113,000 is for the Department of Public Works Division of 
Transportation, $58,000 is for the Office of Property Management, 
$60,000 is for the Department of Public Works, $750,000 is for the 
Department of Health, $309,000 is for the Department of Human Services, 
and $60,000 is for the Department of Parks and Recreation.

  Federal Payment to the District of Columbia for Search, Rescue and 
                 Other Emergency Equipment and Support

    For a Federal payment to the District of Columbia, to be obligated 
from amounts made available in Public Law 107-38 and to remain 
available until September 30, 2003, for search, rescue and other 
emergency equipment and support, $8,850,000, of which $5,442,000 is for 
the Metropolitan Police Department, $208,000 is for the Fire and 
Emergency Medical Services Department, $398,500 is for the Department 
of Consumer and Regulatory Affairs, $1,178,500 is for the Department of 
Public Works, $542,000 is for the Department of Human Services, and 
$1,081,000 is for the Department of Mental Health.

Federal Payment to the District of Columbia for Equipment, Supplies and 
         Vehicles for the Office of the Chief Medical Examiner

    For a Federal payment to the District of Columbia, to be obligated 
from amounts made available in Public Law 107-38 and to remain 
available until September 30, 2003, for equipment, supplies and 
vehicles for the Office of the Chief Medical Examiner, $1,780,000.

 Federal Payment to the District of Columbia for Hospital Containment 
                Facilities for the Department of Health

    For a Federal payment to the District of Columbia, to be obligated 
from amounts made available in Public Law 107-38 and to remain 
available until September 30, 2003, for hospital containment facilities 
for the Department of Health, $8,000,000.

Federal Payment to the District of Columbia for the Office of the Chief 
                           Technology Officer

    For a Federal payment to the District of Columbia, to be obligated 
from amounts made available in Public Law 107-38 and to remain 
available until September 30, 2003, for the Office of the Chief 
Technology Officer, $43,994,000, for a first response land-line and 
wireless interoperability project, of which $1,000,000 shall be used to 
initiate a comprehensive review, by a non-vendor contractor, of the 
District's current technology-based systems and to develop a plan for 
integrating the communications systems of the District of Columbia 
Metropolitan Police and Fire and Emergency Medical Services Departments 
with the systems of regional and federal law enforcement agencies, 
including but not limited to the United States Capitol Police, United 
States Park Police, United States Secret Service, Federal Bureau of 
Investigation, Federal Protective Service, and the Washington 
Metropolitan Area Transit Authority Police: Provided, That such plan 
shall be submitted to the Committees on Appropriations of the Senate 
and the House of Representatives no later than June 15, 2002.

   Federal Payment to the District of Columbia for Emergency Traffic 
                               Management

    For a Federal payment to the District of Columbia, to be obligated 
from amounts made available in Public Law 107-38 and to remain 
available until September 30, 2003, for emergency traffic management, 
$20,700,000, for the Department of Public Works Division of 
Transportation, of which $14,000,000 is to upgrade traffic light 
controllers, $4,700,000 is to establish a video traffic monitoring 
system, and $2,000,000 is to disseminate traffic information.

 Federal Payment to the District of Columbia for Training and Planning

    For a Federal payment to the District of Columbia, to be obligated 
from amounts made available in Public Law 107-38 and to remain 
available until September 30, 2003, for training and planning, 
$11,449,000, of which $4,400,000 is for the Fire and Emergency Medical 
Services Department, $990,000 is for the Metropolitan Police 
Department, $1,200,000 is for the Department of Health, $200,000 is for 
the Office of the Chief Medical Examiner, $1,500,000 is for the 
Emergency Management Agency, $500,000 is for the Office of Property 
Management, $500,000 is for the Department of Mental Health, $469,000 
is for the Department of Consumer and Regulatory Affairs, $240,000 is 
for the Department of Public Works, $600,000 is for the Department of 
Human Services, $100,000 is for the Department of Parks and Recreation, 
$750,000 is for the Division of Transportation.

   Federal Payment to the District of Columbia for Increased Security

    For a Federal payment to the District of Columbia, to be obligated 
from amounts made available in Public Law 107-38 and to remain 
available until September 30, 2003, for increased facility security, 
$25,536,000, of which $3,900,000 is for the Emergency Management 
Agency, $14,575,000 for the public schools, and $7,061,000 for the 
Office of Property Management.

 Federal Payment to the Washington Metropolitan Area Transit Authority

    For a Federal payment to the Washington Metropolitan Area Transit 
Authority to meet region-wide security requirements, a contribution of 
$39,100,000, to be obligated from amounts made available in Public Law 
107-38 and to remain available until September 30, 2003, of which 
$5,000,000 shall be used for protective clothing and breathing 
apparatus, $17,200,000 shall be for completion of the fiber optic 
network project and an automatic vehicle locator system, and 
$16,900,000 shall be for increased employee and facility security.

 Federal Payment to the Metropolitan Washington Council of Governments

    For a Federal payment to the Metropolitan Washington Council of 
Governments to enhance regional emergency preparedness, coordination 
and response, $5,000,000, to be obligated from amounts made available 
in Public Law 107-38 and to remain available until September 30, 2003, 
of which $1,500,000 shall be used to contribute to the development of a 
comprehensive regional emergency preparedness, coordination and 
response plan, $500,000 shall be used to develop a critical 
infrastructure threat assessment model, $500,000 shall be used to 
develop and implement a regional communications plan, and $2,500,000 
shall be used to develop protocols and procedures for training and 
outreach exercises.

                    GENERAL PROVISIONS, THIS CHAPTER

    Sec. 401. Notwithstanding any other provision of law, the Chief 
Financial Officer of the District of Columbia may transfer up to 5 
percent of the funds appropriated to the District of Columbia in this 
chapter between these accounts: Provided, That no such transfer shall 
take place unless the Chief Financial Officer of the District of 
Columbia notifies in writing the Committees on Appropriations of the 
Senate and the House of Representatives 30 days in advance of such 
transfer.
    Sec. 402. The Chief Financial Officer of the District of Columbia 
and the Chief Financial Officer of the Washington Metropolitan Area 
Transit Authority shall provide quarterly reports to the President and 
the Committees on Appropriations of the Senate and the House of 
Representatives on the use of the funds under this chapter beginning no 
later than March 15, 2002.

                               CHAPTER 5

                      DEPARTMENT OF DEFENSE--CIVIL

                         Department of the Army

                       Corps of Engineers--Civil

                   operation and maintenance, general

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Operation and 
Maintenance, General'', $139,000,000, to remain available until 
expended, to be obligated from amounts made available in Public Law 
107-38.

                       DEPARTMENT OF THE INTERIOR

                         Bureau of Reclamation

                      water and related resources

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Water and Related 
Resources'', $30,259,000, to remain available until expended, to be 
obligated from amounts made available in Public Law 107-38.

                          DEPARTMENT OF ENERGY

                    ATOMIC ENERGY DEFENSE ACTIVITIES

                National Nuclear Security Administration

                           weapons activities

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, and for other expenses to 
increase the security of the Nation's nuclear weapons complex, for 
``Weapons Activities'', $131,000,000, to remain available until 
expended, to be obligated from amounts made available in Public Law 
107-38.

                    defense nuclear nonproliferation

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, and for other expenses to 
improve nuclear nonproliferation and verification research and 
development (including research and development with respect to 
radiological dispersion devices, also know as ``dirty bombs''), for 
``Defense Nuclear Nonproliferation'', $226,000,000, to remain available 
until expended, to be obligated from amounts made available in Public 
Law 107-38.

                    Other Defense Related Activities

                        other defense activities

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, and for other expenses 
necessary to support activities related to countering potential 
biological threats to civilian populations, for ``Other Defense 
Activities'', $3,500,000, to remain available until expended, to be 
obligated from amounts made available in Public Law 107-38.

         defense environmental restoration and waste management

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Defense Environmental 
Restoration and Waste Management'', $8,200,000, to remain available 
until expended, to be obligated from amounts made available in Public 
Law 107-38.

                           INDEPENDENT AGENCY

                     Nuclear Regulatory Commission

                         salaries and expenses

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, and for other expenses to 
increase the security of the Nation's nuclear power plants, for 
``Salaries and Expenses'', $36,000,000, to remain available until 
expended, to be obligated from amounts made available in Public Law 
107-38: Provided, That the funds appropriated herein shall be excluded 
from license fee revenues, notwithstanding 42 U.S.C. 2214.

                    GENERAL PROVISIONS, THIS CHAPTER

    Sec. 501. Of the funds provided in this or any other Act for 
``Defense Environmental Restoration and Waste Management'' at the 
Department of Energy, up to $500,000 may be available to the Secretary 
of Energy for safety improvements to roads along the shipping route to 
the Waste Isolation Pilot Plant site.
    Sec. 502. Nutwood Levee, Illinois. The Energy and Water Development 
Appropriations Act, 2002 (Public Law 107-66) is amended under the 
heading ``Title I, Department of Defense-Civil, Department of the Army, 
Corps of Engineers-Civil, Construction, General'' by inserting after 
``$3,500,000'' but before the ``.'' ``: Provided further, That using 
$400,000 of the funds appropriated herein, the Secretary of the Army, 
acting through the Chief of Engineers, may initiate construction on the 
Nutwood Levee, Illinois project''.
    Sec. 503. Title III of the Energy and Water Development 
Appropriations Act, 2002 (Public Law 107-66) is amended by adding at 
the end the following new section:
    ``Sec. 313. (a) Increase in Amount Available for Electric Energy 
Systems and Storage Program.--The amount appropriated by this title 
under the heading `DEPARTMENT OF ENERGY' under the heading `ENERGY 
PROGRAMS' under the paragraph `Energy Supply' is hereby increased by 
$14,000,000, with the amount of the increase to be available under that 
paragraph for the electric energy systems and storage program.
    ``(b) Decrease in Amount Available for Department of Energy 
Generally.--The amount appropriated by this title under the heading 
`DEPARTMENT OF ENERGY' (other than under the heading `National Nuclear 
Security Administration' or under the heading `ENERGY PROGRAMS' under 
the paragraph `Energy Supply') is hereby decreased by $14,000,000, with 
the amount of the decrease to be distributed among amounts available 
under the heading `DEPARTMENT OF ENERGY' in a manner determined by the 
Secretary of Energy and approved by the Committees on 
Appropriations.''.
    Sec. 504. The Reclamation Safety of Dams Act of 1978 (43 U.S.C. 
509) is amended as follows:
            (1) by inserting in Section 4(c) after ``2000,'' and before 
        ``costs'' the following: ``and the additional $32,000,000 
        further authorized to be appropriated by amendments to the Act 
        in 2001,''; and
            (2) by inserting in Section 5 after ``levels),'' and before 
        ``plus'' the following: ``and, effective October 1, 2001, not 
        to exceed an additional $32,000,000 (October 1, 2001, price 
        levels),''.

                               CHAPTER 6

                       DEPARTMENT OF THE INTERIOR

                         National Park Service

                 operation of the national park system

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Operation of the National 
Park System'', $10,098,000, to remain available until expended, to be 
obligated from amounts made available in Public Law 107-38.

                       united states park police

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``United States Park 
Police'', $25,295,000, to remain available until expended, to be 
obligated from amounts made available in Public Law 107-38.

                              construction

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Construction'', 
$21,624,000, to remain available until expended, to be obligated from 
amounts made available in Public Law 107-38.

                          Departmental Offices

                        Departmental Management

                         salaries and expenses

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Salaries and Expenses'', 
$2,205,000, to remain available until expended, to be obligated from 
amounts made available in Public Law 107-38, for the working capital 
fund of the Department of the Interior.

                            RELATED AGENCIES

                        Smithsonian Institution

                         salaries and expenses

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Salaries and Expenses'', 
$21,707,000, to remain available until expended, to be obligated from 
amounts made available in Public Law 107-38.

                        National Gallery of Art

                         salaries and expenses

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Salaries and Expenses'', 
$2,148,000, to remain available until expended, to be obligated from 
amounts made available in Public Law 107-38.

             John F. Kennedy Center for the Performing Arts

                       operations and maintenance

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Operations and 
Maintenance'', $4,310,000, to remain available until expended, to be 
obligated from amounts made available in Public Law 107-38.

                  National Capital Planning Commission

                         salaries and expenses

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Salaries and Expenses'', 
$758,000, to remain available until expended, to be obligated from 
amounts made available in Public Law 107-38.

                    GENERAL PROVISIONS, THIS CHAPTER

    Sec. 601. (a) In General.--The Secretary of the Smithsonian 
Institution may collect and preserve in the National Museum of American 
History artifacts relating to the September 11th attacks on the World 
Trade Center and the Pentagon.
    (b) Types of Artifacts.--In carrying out subsection (a), the 
Secretary of the Smithsonian Institution shall consider collecting and 
preserving--
            (1) pieces of the World Trade Center and the Pentagon;
            (2) still and video images made by private individuals and 
        the media;
            (3) personal narratives of survivors, rescuers, and 
        government officials; and
            (4) other artifacts, recordings, and testimonials that the 
        Secretary of the Smithsonian Institution determines have 
        lasting historical significance.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to the Smithsonian Institution $5,000,000 to carry out 
this section.
    Sec. 602. Section 29 of Public Law 92-203, as enacted under section 
4 of Public Law 94-204 (43 U.S.C. 1626), is amended by adding at the 
end of subsection (e) the following:
            ``(4)(A) Congress confirms that Federal procurement 
        programs for tribes and Alaska Native Corporations are enacted 
        pursuant to its authority under Article I, Section 8 of the 
        United States Constitution.
            ``(B) Contracting with an entity defined in subsection 
        (e)(2) of this section or section 3(c) of Public Law 93-262 
        shall be credited towards the satisfaction of a contractor's 
        obligations under section 7 of Public Law 87-305.
            ``(C) Any entity that satisfies subsection (e)(2) of this 
        section that has been certified under section 8 of Public Law 
        85-536 is a Disadvantaged Business Enterprise for the purposes 
        of Public Law 105-178.''.
    Sec. 603. (a) General Trustees.--
            (1) In general.--Subsection (a) of section 2 of the John F. 
        Kennedy Center Act (20 U.S.C. 76h) is amended in its last 
        clause by striking out the word ``thirty'' and inserting in 
        lieu thereof the word ``thirty-six''.
            (2) Terms of office for new general trustees.--
                    (A) Initial terms of office.--
                            (i) Commencements of initial term.--The 
                        initial terms of office for all new general 
                        trustees offices created by this section shall 
                        commence upon appointment by the President.
                            (ii) Expirations of initial term.--The 
                        initial terms of office for all new general 
                        trustee offices created by this section shall 
                        continue until September 1, 2007.
                            (iii) Vacancies and service until the 
                        appointment of a successor.--For all new 
                        general trustee offices created by this 
                        section, subsections (b)(1) and (b)(2) of 
                        section 2 of the John F. Kennedy Center Act (20 
                        U.S.C. 76h) shall apply.
                    (B) Succeeding terms of office.--Upon the 
                expirations of the initial terms of office pursuant to 
                subparagraph (A) the terms of office for all new 
                general trustee offices created by this section shall 
                be governed by subsection (b) of section 2 of the John 
                F. Kennedy Center Act (20 U.S.C. 76h).
    (b) Ex Officio Trustees.--Subsection (a) of section 2 of the John 
F. Kennedy Center Act (20 U.S.C. 76h) is further amended by inserting 
in the second sentence ``the Majority and Minority Leaders of the 
Senate, the Speaker of the House of Representatives, the Minority 
Leader of the House of Representatives,'' after ``the Secretary of the 
Smithsonian Institution,''.
    (c) Housekeeping Amendment.--To conform with the previous abolition 
of the United States Information Agency and the transfer of all 
functions of the Director of the United States Information Agency to 
the Secretary of State (sections 1311 and 1312 of Public Law 105-277, 
112 Stat. 2681-776), subsection (a) of section 2 of the John F. Kennedy 
Center Act (20 U.S.C. 76h) is further amended by striking in the second 
sentence ``the Director of the United States Information Agency,'' and 
inserting in lieu thereof ``the Secretary of State,''.

                               CHAPTER 7

                          DEPARTMENT OF LABOR

                 Employment and Training Administration

                    training and employment services

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States for ``Training and employment 
services'', $32,500,000, to remain available until expended, to be 
obligated from amounts made available in Public Law 107-38: Provided, 
That such amount shall be provided to the Consortium for Worker 
Education, established by the New York City Central Labor Council and 
the New York City Partnership, for an Emergency Employment 
Clearinghouse.

     state unemployment insurance and employment service operations

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``State Unemployment 
Insurance and Employment Service Operations'', $4,100,000, to remain 
available until expended, to be obligated from amounts made available 
in Public Law 107-38.

                     workers compensation programs

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Workers Compensation 
Programs'', $175,000,000, to remain available until expended, to be 
obligated from amounts made available in Public Law 107-38: Provided, 
That, of such amount, $125,000,000 shall be for payment to the New York 
State Workers Compensation Review Board, for the processing of claims 
related to the terrorist attacks: Provided further, That, of such 
amount, $25,000,000 shall be for payment to the New York State 
Uninsured Employers Fund, for reimbursement of claims related to the 
terrorist attacks: Provided further, That, of such amount, $25,000,000 
shall be for payment to the New York State Uninsured Employers Fund, 
for reimbursement of claims related to the first response emergency 
services personnel who were injured, were disabled, or died due to the 
terrorist attacks.

              Pension and Welfare Benefits Administration

                         salaries and expenses

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Salaries and Expenses'', 
$1,600,000, to remain available until expended, to be obligated from 
amounts made available in Public Law 107-38.

             Occupational Safety and Health Administration

                         salaries and expenses

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Salaries and Expenses'', 
$1,000,000, to remain available until expended, to be obligated from 
amounts made available in Public Law 107-38.

                        Departmental Management

                         salaries and expenses

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Salaries and Expenses'', 
$5,880,000, to remain available until expended, to be obligated from 
amounts made available in Public Law 107-38.

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

               Centers for Disease Control and Prevention

                disease control, research, and training

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States for ``Disease control, research, 
and training'' for baseline safety screening for the emergency services 
personnel and rescue and recovery personnel, $12,000,000, to remain 
available until expended, to be obligated from amounts made available 
in Public Law 107-38.

                     National Institutes of Health

          national institute of environmental health sciences

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States for ``National Institute of 
Environmental Health Sciences'' for carrying out activities set forth 
in section 311(a) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980, $10,500,000, to remain 
available until expended, to be obligated from amounts made available 
in Public Law 107-38.

                        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, to provide grants to public 
entities, not-for-profit entities, and Medicare and Medicaid enrolled 
suppliers and institutional providers to reimburse for health care 
related expenses or lost revenues directly attributable to the public 
health emergency resulting from the September 11, 2001, terrorist acts, 
for ``Public Health and Social Services Emergency Fund'', $140,000,000, 
to remain available until expended, to be obligated from amounts made 
available in Public Law 107-38: Provided, That none of the costs have 
been reimbursed or are eligible for reimbursement from other sources.
    For emergency expenses necessary to support activities related to 
countering potential biological, disease, and chemical threats to 
civilian populations, for ``Public Health and Social Services Emergency 
Fund'', $2,575,000,000, to remain available until expended, to be 
obligated from amounts made available in Public Law 107-38. Of this 
amount, $1,000,000,000 shall be for the Centers for Disease Control and 
Prevention for improving State and local capacity; $100,000,000 shall 
be for grants to hospitals, in collaboration with local governments, to 
improve capacity to respond to bioterrorism; $165,000,000 shall be for 
upgrading capacity at the Centers for Disease Control and Prevention, 
including research; $10,000,000 shall be for the establishment and 
operation of a national system to track biological pathogens; 
$99,000,000 shall be for the National Institute of Allergy and 
Infectious Diseases for bioterrorism-related research and development 
and other related needs; $71,000,000 shall be for the National 
Institute of Allergy and Infectious Diseases for the construction of 
biosafety laboratories and related infrastructure costs; $593,000,000 
shall be for the National Pharmaceutical Stockpile; $512,000,000 shall 
be for the purchase, deployment and related costs of the smallpox 
vaccine, and $25,000,000 shall be for improving laboratory security at 
the National Institutes of Health and the Centers for Disease Control 
and Prevention. At the discretion of the Secretary, these amounts may 
be transferred between categories subject to normal reprogramming 
procedures.

                        DEPARTMENT OF EDUCATION

              Office of Elementary and Secondary Education

                      school improvement programs

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``School Improvement 
Programs'', for the Project School Emergency Response to Violence 
program, $10,000,000, to be obligated from amounts made available in 
Public Law 107-38.

                            RELATED AGENCIES

                     Social Security Administration

                 limitation on administrative expenses

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Limitation on 
Administrative Expenses'', $7,500,000, to remain available until 
expended, to be obligated from amounts made available in Public Law 
107-38.

                     National Labor Relations Board

                         salaries and expenses

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Salaries and Expenses'', 
$180,000, to remain available until expended, to be obligated from 
amounts made available in Public Law 107-38.

                               CHAPTER 8

                           LEGISLATIVE BRANCH

                              JOINT ITEMS

               legislative branch emergency response fund

                     (including transfer of funds)

    For emergency expenses to respond to the terrorist attacks on the 
United States, $256,081,000, to remain available until expended, to be 
obligated from amounts made available in Public Law 107-38: Provided, 
That $34,500,000 shall be transferred to the ``SENATE'', ``Sergeant at 
Arms and Doorkeeper of the Senate'' and shall be obligated with the 
prior approval of the Senate Committee on Appropriations: Provided 
further, That $40,712,000 shall be transferred to ``HOUSE OF 
REPRESENTATIVES'', ``Salaries and Expenses'' and shall be obligated 
with the prior approval of the House Committee on Appropriations: 
Provided further, That the remaining balance of $180,869,000 shall be 
transferred to the Capitol Police Board, which shall transfer to the 
affected entities in the Legislative Branch such amounts as are 
approved by the House and Senate Committees on Appropriations: Provided 
further, That any Legislative Branch entity receiving funds pursuant to 
the Emergency Response Fund established by Public Law 107-38 (without 
regard to whether the funds are provided under this chapter or pursuant 
to any other provision of law) may transfer any funds provided to the 
entity to any other Legislative Branch entity receiving funds under 
Public Law 107-38 in an amount equal to that required to provide 
support for security enhancements, subject to the approval of the 
Committees on Appropriations of the House of Representatives and 
Senate.

                                 SENATE

                       Administrative Provisions

    Sec. 801. (a) Acquisition of Buildings and Facilities.--
Notwithstanding any other provision of law, in order to respond to an 
emergency situation, the Sergeant at Arms of the Senate may acquire 
buildings and facilities, subject to the availability of 
appropriations, for the use of the Senate, as appropriate, by lease, 
purchase, or such other arrangement as the Sergeant at Arms of the 
Senate considers appropriate (including a memorandum of understanding 
with the head of an Executive Agency, as defined in section 105 of 
title 5, United States Code, in the case of a building or facility 
under the control of such Agency). Actions taken by the Sergeant at 
Arms of the Senate must be approved by the Committees on Appropriations 
and Rules and Administration.
    (b) Agreements.--Notwithstanding any other provision of law, for 
purposes of carrying out subsection (a), the Sergeant at Arms of the 
Senate may carry out such activities and enter into such agreements 
related to the use of any building or facility acquired pursuant to 
such subsection as the Sergeant at Arms of the Senate considers 
appropriate, including--
            (1) agreements with the United States Capitol Police or any 
        other entity relating to the policing of such building or 
        facility; and
            (2) agreements with the Architect of the Capitol or any 
        other entity relating to the care and maintenance of such 
        building or facility.
    (c) Authority of Capitol Police and Architect.--
            (1) Architect of the capitol.--Notwithstanding any other 
        provision of law, the Architect of the Capitol may take any 
        action necessary to carry out an agreement entered into with 
        the Sergeant at Arms of the Senate pursuant to subsection (b).
            (2) Capitol police.--Section 9 of the Act of July 31, 1946 
        (40 U.S.C. 212a) is amended--
                    (A) by striking ``The Capitol Police'' and 
                inserting ``(a) The Capitol Police''; and
                    (B) by adding at the end the following new 
                subsection:
    ``(b) For purposes of this section, `the United States Capitol 
Buildings and Grounds' shall include any building or facility acquired 
by the Sergeant at Arms of the Senate for the use of the Senate for 
which the Sergeant at Arms of the Senate has entered into an agreement 
with the United States Capitol Police for the policing of the building 
or facility.''.
    (d) Transfer of Certain Funds.--Subject to the approval of the 
Committee on Appropriations of the Senate, the Architect of the Capitol 
may transfer to the Sergeant at Arms of the Senate amounts made 
available to the Architect for necessary expenses for the maintenance, 
care and operation of the Senate office buildings during a fiscal year 
in order to cover any portion of the costs incurred by the Sergeant at 
Arms of the Senate during the year in acquiring a building or facility 
pursuant to subsection (a).
    (e) Effective Date.--This section and the amendments made by this 
section shall apply with respect to fiscal year 2002 and each 
succeeding fiscal year.
    Sec. 802. (a) Notwithstanding any other provision of law--
            (1) subject to subsection (b), the Sergeant at Arms of the 
        Senate and the head of an Executive Agency (as defined in 
        section 105 of title 5, United States Code) may enter into a 
        memorandum of understanding under which the Agency may provide 
        facilities, equipment, supplies, personnel, and other support 
        services for the use of the Senate during an emergency 
        situation; and
            (2) the Sergeant at Arms of the Senate and the head of the 
        Agency may take any action necessary to carry out the terms of 
        the memorandum of understanding.
    (b) The Sergeant at Arms of the Senate may enter into a memorandum 
of understanding described in subsection (a)(1) consistent with the 
Senate Procurement Regulations.
    (c) This section shall apply with respect to fiscal year 2002 and 
each succeeding fiscal year.

                        OTHER LEGISLATIVE BRANCH

                       Administrative Provisions

    Sec. 803. (a) Section 1(c) of Public Law 96-152 (40 U.S.C. 206-1) 
is amended by striking ``but not to exceed'' and all that follows and 
inserting the following: ``but not to exceed $2,500 less than the 
lesser of the annual salary for the Sergeant at Arms of the House of 
Representatives or the annual salary for the Sergeant at Arms and 
Doorkeeper of the Senate.''.
    (b) The Assistant Chief of the Capitol Police shall receive 
compensation at a rate determined by the Capitol Police Board, but not 
to exceed $1,000 less than the annual salary for the chief of the 
United States Capitol Police.
    (c) This section and the amendment made by this section shall apply 
with respect to pay periods beginning on or after the date of the 
enactment of this Act.
    Sec. 804. (a) Assistance for Capitol Police From Executive 
Departments and Agencies.--Notwithstanding any other provision of law, 
Executive departments and Executive agencies may assist the United 
States Capitol Police in the same manner and to the same extent as such 
departments and agencies assist the United States Secret Service under 
section 6 of the Presidential Protection Assistance Act of 1976 (18 
U.S.C. 3056 note), except as may otherwise be provided in this section.
    (b) Terms of Assistance.--Assistance under this section shall be 
provided--
            (1) consistent with the authority of the Capitol Police 
        under sections 9 and 9A of the Act of July 31, 1946 (40 U.S.C. 
        212a and 212a-2);
            (2) upon the advance written request of--
                    (A) the Chairman of the Capitol Police Board, or
                    (B) in the absence of the Chairman of the Capitol 
                Police Board--
                            (i) the Sergeant at Arms and Doorkeeper of 
                        the Senate, in the case of any matter relating 
                        to the Senate; or
                            (ii) the Sergeant at Arms of the House of 
                        Representatives, in the case of any matter 
                        relating to the House; and
            (3) either--
                    (A) on a temporary and non-reimbursable basis,
                    (B) on a temporary and reimbursable basis, or
                    (C) on a permanent reimbursable basis upon advance 
                written request of the Chairman of the Capitol Police 
                Board.
    (c) Reports on Expenditures for Assistance.--
            (1) Reports.--With respect to any fiscal year in which an 
        Executive department or Executive agency provides assistance 
        under this section, the head of that department or agency shall 
        submit a report not later than 30 days after the end of the 
        fiscal year to the Chairman of the Capitol Police Board.
            (2) Contents.--The report submitted under paragraph (1) 
        shall contain a detailed account of all expenditures made by 
        the Executive department or Executive agency in providing 
        assistance under this section during the applicable fiscal 
        year.
            (3) Summary of reports.--After receipt of all reports under 
        paragraph (2) with respect to any fiscal year, the Chairman of 
        the Capitol Police Board shall submit a summary of such reports 
        to the Committees on Appropriations of the Senate and the House 
        of Representatives.
    (d) Effective Date.--This section shall apply with respect to 
fiscal year 2002 and each succeeding fiscal year.
    Sec. 805. (a) The Chief of the Capitol Police may, upon any 
emergency as determined by the Capitol Police Board, deputize members 
of the National Guard (while in the performance of Federal or State 
service), members of components of the Armed Forces other than the 
National Guard, and Federal, State or local law enforcement officers as 
may be necessary to address that emergency. Any person deputized under 
this section shall possess all the powers and privileges and may 
perform all duties of a member or officer of the Capitol Police.
    (b) The Capitol Police Board may promulgate regulations, as 
determined necessary, to carry out provisions of this section.
    (c) This section shall apply to fiscal year 2002 and each fiscal 
year thereafter.
    Sec. 806. (a) Notwithstanding any other provision of law, the 
United States Capitol Preservation Commission established under section 
801 of the Arizona-Idaho Conservation Act of 1988 (40 U.S.C. 188a) may 
transfer to the Architect of the Capitol amounts in the Capitol 
Preservation Fund established under section 803 of such Act (40 U.S.C. 
188a-2) if the amounts are to be used by the Architect for the 
planning, engineering, design, or construction of the Capitol Visitor 
Center.
    (b) Any amounts transferred pursuant to subsection (a) shall remain 
available for the use of the Architect of the Capitol until expended.
    (c) This section shall apply with respect to fiscal year 2002 and 
each succeeding fiscal year.

                               CHAPTER 9

                         MILITARY CONSTRUCTION

                  Military Construction, Defense-Wide

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Military Construction, 
Defense-wide'', $475,000,000 to remain available until expended, to be 
obligated from amounts made available in Public Law 107-38.

                    GENERAL PROVISIONS, THIS CHAPTER

    Sec. 901. (a) Availability of Amounts for Military Construction 
Relating to Terrorism.--Amounts made available to the Department of 
Defense from funds appropriated in Public Law 107-38 and this Act may 
be used to carry out military construction projects, not otherwise 
authorized by law, that the Secretary of Defense determines are 
necessary to respond to or protect against acts or threatened acts of 
terrorism.
    (b) Notice to Congress.--Not later than 15 days before obligating 
amounts available under subsection (a) for military construction 
projects referred to in that subsection the Secretary shall notify the 
appropriate committees of Congress the following:
            (1) The determination to use such amounts for the project.
            (2) The estimated cost of the project.
    (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.
    Sec. 902. If in exercising the authority in section 2808 of title 
10, United States Code, to carry out military construction projects not 
authorized by law, the Secretary of Defense utilizes, whether in whole 
or in part, funds appropriated but not yet obligated for a military 
construction project previously authorized by law, the Secretary may 
carry out such military construction project previously authorized by 
law using amounts appropriated by the 2001 Emergency Supplemental 
Appropriations Act for Recovery from and Response to Terrorist Attacks 
on the United States (Public Law 107-38; 115 Stat. 220), or any other 
appropriations Act to provide funds for the recovery from and response 
to the terrorist attacks on the United States that is enacted after the 
date of the enactment of this Act, and available for obligation.

                               CHAPTER 10

                      DEPARTMENT OF TRANSPORTATION

                        Office of the Secretary

                         salaries and expenses

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Salaries and Expenses'', 
for the Office of Intelligence and Security, $1,500,000, to remain 
available until expended, to be obligated from amounts made available 
in Public Law 107-38.

                        Payments to Air Carriers

                    (airport and airway trust fund)

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, in addition to funds made 
available from any other source to carry out the essential air service 
program under 49 U.S.C. 41731 through 41742, to be derived from the 
Airport and Airway Trust Fund, $57,000,000, to remain available until 
expended, to be obligated from amounts made available in Public Law 
107-38: Provided, That it is the sense of the Senate that funds 
provided under this paragraph shall be used to provide subsidized 
service at a rate of not less than three flights per day for eligible 
communities with significant enplanement levels that enjoyed said rate 
of service, with or without subsidy, prior to September 11, 2001.

                              Coast Guard

                           operating expenses

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Operating Expenses'', 
$285,350,000, to remain available until September 30, 2003, to be 
obligated from amounts made available in Public Law 107-38.

                    Federal Aviation Administration

                               operations

                    (airport and airway trust fund)

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Operations'', 
$251,000,000, to be derived from the Airport and Airway Trust Fund and 
to remain available until September 30, 2003, to be obligated from 
amounts made available in Public Law 107-38.

                 research, engineering, and development

                    (airport and airway trust fund)

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Research, Engineering, 
and Development'', $50,000,000, to be derived from the Airport and 
Airway Trust Fund, to be obligated from amounts made available in 
Public Law 107-38.

                       grants-in-aid for airports

                    (airport and airway trust fund)

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, notwithstanding any other 
provision of law, for ``Grants-in-aid for airports'', to enable the 
Federal Aviation Administrator to compensate airports for a portion of 
the direct costs associated with new, additional or revised security 
requirements imposed on airport operators by the Administrator on or 
after September 11, 2001, $200,000,000, to be derived from the Airport 
and Airway Trust Fund, to remain available until expended, to be 
obligated from amounts made available in Public Law 107-38

                     Federal Highway Administration

                      miscellaneous appropriations

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Miscellaneous 
Appropriations'', including the operation and construction of ferrys 
and ferry facilities, $110,000,000, to remain available until expended, 
to be obligated from amounts made available in Public Law 107-38.

                          federal-aid highways

                        emergency relief program

                          (highway trust fund)

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Emergency Relief 
Program'', as authorized by section 125 of title 23, United States 
Code, $75,000,000, to be derived from the Highway Trust Fund and to 
remain available until expended, to be obligated from amounts made 
available in Public Law 107-38.

                    Federal Railroad Administration

                         safety and operations

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Safety and Operations'', 
$6,000,000, to remain available until expended, to be obligated from 
amounts made available in Public Law 107-38.

     capital grants to the national railroad passenger corporation

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for necessary expenses of 
capital improvements of the National Railroad Passenger Corporation as 
authorized by 49 U.S.C. 24104(a), $100,000,000, to remain available 
until expended, and to be obligated from amounts made available in 
Public Law 107-38.

                     Federal Transit Administration

                             formula grants

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Formula Grants'', 
$23,500,000, to remain available until expended, to be obligated from 
amounts made available in Public Law 107-38.

                       capital investment grants

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Capital Investment 
Grants'', $100,000,000, to be obligated from amounts made available in 
Public Law 107-38: Provided, That in administering funds made available 
under this paragraph, the Federal Transit Administrator shall direct 
funds to those transit agencies most severely impacted by the terrorist 
attacks of September 11, 2001, excluding any transit agency receiving a 
Federal payment elsewhere in this Act: Provided further, That the 
provisions of 49 U.S.C. 5309(h) shall not apply to funds made available 
under this paragraph.

              Research and Special Programs Administration

                     research and special programs

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Research and Special 
Programs'', $6,000,000, to remain available until expended, to be 
obligated from amounts made available in Public Law 107-38.

                      Office of Inspector General

                         salaries and expenses

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States and for other safety and 
security related audit and monitoring responsibilities, for ``Salaries 
and Expenses'', $2,000,000, to remain available until expended, to be 
obligated from amounts made available in Public Law 107-38.

                             RELATED AGENCY

                  National Transportation Safety Board

                         salaries and expenses

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Salaries and Expenses'', 
$836,000, to remain available until expended, to be obligated from 
amounts made available in Public Law 107-38.

                    GENERAL PROVISIONS, THIS CHAPTER

    Sec. 1001. Section 5117(b)(3) of the Transportation Equity Act for 
the 21st Century (Public Law 105-178; 112 Stat. 449; 23 U.S.C. 502 
note) is amended --
            (1) by redesignating subparagraphs (C), (D), and (E) as 
        subparagraphs (D), (F), and (G), respectively;
            (2) by inserting after subparagraph (B) the following new 
        subparagraph (C):
                    ``(C) Follow-on deployment.--(i) After an 
                intelligent transportation infrastructure system 
                deployed in an initial deployment area pursuant to a 
                contract entered into under the program under this 
                paragraph has received system acceptance, the 
                Department of Transportation has the authority to 
                extend the original contract that was competitively 
                awarded for the deployment of the system in the follow-
                on deployment areas under the contract, using the same 
                asset ownership, maintenance, fixed price contract, and 
                revenue sharing model, and the same competitively 
                selected consortium leader, as were used for the 
                deployment in that initial deployment area under the 
                program.
                    ``(ii) If any one of the follow-on deployment areas 
                does not commit, by July 1, 2002, to participate in the 
                deployment of the system under the contract, then, upon 
                application by any of the other follow-on deployment 
                areas that have committed by that date to participate 
                in the deployment of the system, the Secretary shall 
                supplement the funds made available for any of the 
                follow-on deployment areas submitting the applications 
                by using for that purpose the funds not used for 
                deployment of the system in the nonparticipating area. 
                Costs paid out of funds provided in such a 
                supplementation shall not be counted for the purpose of 
                the limitation on maximum cost set forth in 
                subparagraph (B).'';
            (4) by inserting after subparagraph (D), as redesignated by 
        paragraph (1), the following new subparagraph (E):
                    ``(E) Definitions.--In this paragraph:
                            ``(i) The term `initial deployment area' 
                        means a metropolitan area referred to in the 
                        second sentence of subparagraph (A).
                            ``(ii) The term `follow-on deployment 
                        areas' means the metropolitan areas of 
                        Baltimore, Birmingham, Boston, Chicago, 
                        Cleveland, Dallas/Ft. Worth, Denver, Detroit, 
                        Houston, Indianapolis, Las Vegas, Los Angeles, 
                        Miami, New York/Northern New Jersey, Northern 
                        Kentucky/Cincinnati, Oklahoma City, Orlando, 
                        Philadelphia, Phoenix, Pittsburgh, Portland, 
                        Providence, Salt Lake, San Diego, San 
                        Francisco, St. Louis, Seattle, Tampa, and 
                        Washington, District of Columbia.''; and
            (5) in subparagraph (D), as redesignated by paragraph (1), 
        by striking ``subparagraph (D)'' and inserting ``subparagraph 
        (F)''.
    Sec. 1002. No appropriated funds or revenues generated by the 
National Railroad Passenger Corporation may be used to implement 
section 204(c)(2) of Public Law 105-134 until the Congress has enacted 
an Amtrak reauthorization Act.

                               CHAPTER 11

                       DEPARTMENT OF THE TREASURY

                Inspector General for Tax Administration

                         salaries and expenses

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Salaries and Expenses'', 
$2,032,000, to remain available until expended, to be obligated from 
amounts made available by Public Law 107-38.

                  Financial Crimes Enforcement Network

                         salaries and expenses

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Salaries and Expenses'', 
$1,700,000, to remain available until expended, to be obligated from 
amounts made available in Public Law 107-38.

                Federal Law Enforcement Training Center

                         salaries and expenses

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Salaries and Expenses'', 
$22,846,000, to remain available until expended, to be obligated from 
amounts made available in Public Law 107-38.

                      Financial Management Service

                         salaries and expenses

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Salaries and Expenses'', 
$600,000, to remain available until expended, to be obligated from 
amounts made available in Public Law 107-38.

                Bureau of Alcohol, Tobacco and Firearms

                         salaries and expenses

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Salaries and Expenses'', 
$31,431,000, to remain available until expended, to be obligated from 
amounts made available in Public Law 107-38.

                     United States Customs Service

                         salaries and expenses

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Salaries and Expenses'', 
$292,603,000, to remain available until expended, to be obligated from 
amounts made available in Public Law 107-38; of this amount, not less 
than $140,000,000 shall be available for increased staffing to combat 
terrorism along the Nation's borders, of which $10,000,000 shall be 
available for hiring inspectors along the Southwest border; not less 
than $15,000,000 shall be available for seaport security; and not less 
than $30,000,000 shall be available for the procurement and deployment 
of non-intrusive and counterterrorism inspection technology, equipment 
and infrastructure improvements to combat terrorism at the land and sea 
border ports of entry.

  operation, maintenance and procurement, air and marine interdiction 
                                programs

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Operation, Maintenance 
and Procurement, Air and Marine Interdiction Programs'', $6,700,000, to 
remain available until expended, to be obligated from amounts made 
available in Public Law 107-38.

                        Internal Revenue Service

                 processing, assistance and management

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Processing, Assistance 
and Management'', $16,658,000, to remain available until expended, to 
be obligated from amounts made available by Public Law 107-38.

                          tax law enforcement

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Tax Law Enforcement'', 
$4,544,000, to remain available until expended, to be obligated from 
amounts made available by Public Law 107-38.

                          information systems

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Information Systems'', 
$15,991,000, to remain available until expended, to be obligated from 
amounts made available by Public Law 107-38.

                      United States Secret Service

                         salaries and expenses

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Salaries and Expenses'', 
$104,769,000, to remain available until expended, to be obligated from 
amounts made available in Public Law 107-38.

                   EXECUTIVE OFFICE OF THE PRESIDENT

                        Office of Administration

                         salaries and expenses

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Salaries and Expenses'', 
$50,040,000, to remain available until expended, to be obligated from 
amounts made available in Public Law 107-38.

                             POSTAL SERVICE

                   Payment to the Postal Service Fund

    For emergency expenses to the Postal Service Fund to enable the 
Postal Service to build and establish a system for sanitizing and 
screening mail matter, to protect postal employees and postal customers 
from exposure to biohazardous material, and to replace or repair Postal 
Service facilities destroyed or damaged in New York City as a result of 
the September 11, 2001, terrorist attacks, $600,000,000, to remain 
available until expended, to be obligated from amounts made available 
in Public Law 107-38: Provided, That the Postal Service is authorized 
to review rates for product delivery and minimum qualifications for 
eligible service providers under section 5402 of title 39, and to 
recommend new rates and qualifications to reduce expenditures without 
reducing service levels.

                          INDEPENDENT AGENCIES

                    General Services Administration

                        real property activities

                         federal building fund

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Federal Buildings Fund'', 
$126,500,000, to remain available until expended, to be obligated from 
amounts made available in Public Law 107-38.

              National Archives and Records Administration

                           operating expenses

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Operating Expenses'', 
$4,818,000, to remain available until expended, to be obligated from 
amounts made available in Public Law 107-38.

                        repairs and restoration

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Repairs and 
Restoration'', $2,180,000, to remain available until expended, to be 
obligated from amounts made available in Public Law 107-38.

                    GENERAL PROVISION, THIS CHAPTER

    Sec. 1101. None of the funds appropriated by this Act or any other 
Act may be used after June 30, 2002 for the operation of any federally 
owned building if determined to be appropriate by the Administrator of 
the General Services Administration, or to enter into any lease or 
lease renewal with any person for office space for a Federal agency in 
any other building, unless such operation, lease, or lease renewal is 
in compliance with a regulation or Executive Order issued after the 
date of enactment of this section that requires redundant and 
physically separate entry points to such buildings, and the use of 
physically diverse local network facilities, for the provision of 
telecommunications services to Federal agencies in such buildings.

                               CHAPTER 12

                     DEPARTMENT OF VETERANS AFFAIRS

                      construction, major projects

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Construction, Major 
Projects'', $2,000,000, to remain available until expended, to be 
obligated from amounts made available in Public Law 107-38.

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                   Community Planning and Development

                       community development fund

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Community development 
fund'', $2,000,000,000, to remain available until expended, to be 
obligated from amounts made available in Public Law 107-38: Provided, 
That such funds shall be subject to the first through sixth provisos in 
section 434 of Public Law 107-73: Provided further, That within 45 days 
of enactment, the State of New York, in conjunction with the City of 
New York, shall establish a corporation for the obligation of the funds 
provided under this heading, issue the initial criteria and 
requirements necessary to accept applications from individuals, 
nonprofits and small businesses for economic losses from the September 
11, 2001, terrorist attacks, and begin processing such applications: 
Provided further, That the corporation shall respond to any application 
from an individual, nonprofit or small business for economic losses 
under this heading within 45 days of the submission of an application 
for funding: Provided further, That individuals, nonprofits or small 
businesses shall be eligible for compensation only if located in New 
York City in the area located on or south of Canal Street, on or south 
of East Broadway (east of its intersection with Canal Street), or on or 
south of Grand Street (east of its intersection with East Broadway): 
Provided further, That, of the amount made available under this 
heading, no less than $500,000,000 shall be made available for 
individuals, nonprofits or small businesses described in the prior 
three provisos with a limit of $500,000 per small business for economic 
losses.

                     Management and Administration

                      office of inspector general

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Office of Inspector 
General'', $1,000,000, to remain available until expended, to be 
obligated from amounts made available in Public Law 107-38.

                          INDEPENDENT AGENCIES

                    Environmental Protection Agency

                         science and technology

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, and to support activities 
related to countering terrorism, for ``Science and Technology'', 
$41,514,000, to remain available until expended, to be obligated from 
amounts made available in Public Law 107-38.

                 environmental programs and management

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, and to support activities 
related to countering terrorism, for ``Environmental Programs and 
Management'', $38,194,000, to remain available until expended, to be 
obligated from amounts made available in Public Law 107-38.

                     hazardous substance superfund

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, and to support activities 
related to countering terrorism, for ``Hazardous Substance Superfund'', 
$41,292,000, to remain available until expended, to be obligated from 
amounts made available in Public Law 107-38.

                   state and tribal assistance grants

    For making grants for emergency expenses to respond to the 
September 11, 2001, terrorist attacks on the United States, and to 
support activities related to countering potential biological and 
chemical threats to populations, for ``State and Tribal Assistance 
Grants'', $5,000,000, to remain available until expended, to be 
obligated from amounts made available in Public Law 107-38.

                  Federal Emergency Management Agency

                            disaster relief

    For disaster recovery activities and assistance related to the 
terrorist attacks in New York, Virginia, and Pennsylvania on September 
11, 2001, for ``Disaster Relief'', $5,824,344,000, to remain available 
until expended, to be obligated from amounts made available in Public 
Law 107-38.

                         salaries and expenses

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Salaries and Expenses'', 
$20,000,000, to remain available until expended, for the Office of 
National Preparedness, to be obligated from amounts made available in 
Public Law 107-38.

              emergency management planning and assistance

                     (including transfer of funds)

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States and to support activities 
related to countering terrorism, for ``Emergency Management Planning 
and Assistance'', $290,000,000, to remain available until September 30, 
2003, 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.), to be obligated from amounts made available in Public Law 107-
38: Provided, That up to 5 percent of this amount shall be transferred 
to ``Salaries and expenses'' for program administration.

             National Aeronautics and Space Administration

                           human space flight

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Human Space Flight'', 
$64,500,000, to remain available until expended, to be obligated from 
amounts made available in Public Law 107-38.

                  science, aeronautics and technology

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Science, Aeronautics and 
Technology'', $28,600,000, to remain available until expended, to be 
obligated from amounts made available in Public Law 107-38.

                      National Science Foundation

                    research and related activities

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Research and Related 
Activities'', $300,000, to remain available until expended, to be 
obligated from amounts made available in Public Law 107-38.

                    GENERAL PROVISIONS, THIS CHAPTER

    Sec. 1201. Unity in the Spirit of America. (a) Short Title.--This 
section may be cited as the ``Unity in the Spirit of America Act'' or 
the ``USA Act''.
    (b) Projects Honoring Victims of Terrorist Attacks.--The National 
and Community Service Act of 1990 (42 U.S.C. 12501 et seq.) is amended 
by inserting before title V the following:

       ``TITLE IV--PROJECTS HONORING VICTIMS OF TERRORIST ATTACKS

``SEC. 401. PROJECTS.

    ``(a) Definition.--In this section, the term `Foundation' means the 
Points of Light Foundation funded under section 301, or another 
nonprofit private organization, that enters into an agreement with the 
Corporation to carry out this section.
    ``(b) Identification of Projects.--
            ``(1) Estimated number.--Not later than December 1, 2001, 
        the Foundation, after obtaining the guidance of the heads of 
        appropriate Federal agencies, such as the Director of the 
        Office of Homeland Security and the Attorney General, shall--
                    ``(A) make an estimate of the number of victims 
                killed as a result of the terrorist attacks on 
                September 11, 2001 (referred to in this section as the 
                `estimated number'); and
                    ``(B) compile a list that specifies, for each 
                individual that the Foundation determines to be such a 
                victim, the name of the victim and the State in which 
                the victim resided.
            ``(2) Identified projects.--The Foundation may identify 
        approximately the estimated number of community-based national 
        and community service projects that meet the requirements of 
        subsection (d). The Foundation shall name each identified 
        project in honor of a victim described in subsection (b)(1)(A), 
        after obtaining the permission of an appropriate member of the 
        victim's family and the entity carrying out the project.
    ``(c) Eligible Entities.--To be eligible to have a project named 
under this section, the entity carrying out the project shall be a 
political subdivision of a State, a business, a nonprofit organization 
(which may be a religious organization, such as a Christian, Jewish, or 
Muslim organization), an Indian tribe, or an institution of higher 
education.
    ``(d) Projects.--The Foundation shall name, under this section, 
projects--
            ``(1) that advance the goals of unity, and improving the 
        quality of life in communities; and
            ``(2) that will be planned, or for which implementation 
        will begin, within a reasonable period after the date of 
        enactment of the Unity in Service to America Act, as determined 
        by the Foundation.
    ``(e) Website and Database.--The Foundation shall create and 
maintain websites and databases, to describe projects named under this 
section and serve as appropriate vehicles for recognizing the 
projects.''.
    Sec. 1202. Within funds previously appropriated as authorized under 
the Native American Housing and Self Determination Act of 1996 (Pub. L. 
104-330, Sec. 1(a), 110 Stat. 4016) and made available to Cook Inlet 
Housing Authority, Cook Inlet Housing Authority may use up to 
$9,500,000 of such funds to construct student housing for Native 
college students, including an on-site computer lab and related study 
facilities, and, notwithstanding any provision of such Act to the 
contrary, Cook Inlet Housing Authority may use a portion of such funds 
to establish a reserve fund and to provide for maintenance of the 
project.

                               CHAPTER 13

                   GENERAL PROVISIONS, THIS DIVISION

    Sec. 1301. Amounts which may be obligated pursuant to this division 
are subject to the terms and conditions provided in Public Law 107-38.
    Sec. 1302. No part of any appropriation contained in this division 
shall remain available for obligation beyond the current fiscal year 
unless expressly so provided herein.
    This division may be cited as the ``Emergency Supplemental Act, 
2002''.

 DIVISION C--SPENDING LIMITS AND BUDGETARY ALLOCATIONS FOR FISCAL YEAR 
                                  2002

    Sec. 101. (a) Discretionary Spending Limits.--Section 251(c)(6) of 
the Balanced Budget and Emergency Deficit Control Act of 1985 is 
amended by striking subparagraph (A) and inserting the following:
                    ``(A) for the discretionary category: 
                $681,441,000,000 in new budget authority and 
                $670,447,000,000 in outlays;''.
    (b) Revised Aggregates and Allocations.--Upon the enactment of this 
section, the chairman of the Committee on the Budget of the House of 
Representatives and the chairman of the Committee on the Budget of the 
Senate shall each--
            (1) revise the aggregate levels of new budget authority and 
        outlays for fiscal year 2002 set in sections 101(2) and 101(3) 
        of the concurrent resolution on the budget for fiscal year 2002 
        (H. Con. Res. 83, 107th Congress), to the extent necessary to 
        reflect the revised limits on discretionary budget authority 
        and outlays for fiscal year 2002 provided in subsection (a);
            (2) revise allocations under section 302(a) of the 
        Congressional Budget Act of 1974 to the Committee on 
        Appropriations of their respective House as initially set forth 
        in the joint explanatory statement of managers accompanying the 
        conference report on that concurrent resolution, to the extent 
        necessary to reflect the revised limits on discretionary budget 
        authority and outlays for fiscal year 2002 provided in 
        subsection (a); and
            (3) publish those revised aggregates and allocations in the 
        Congressional Record.
    (c) Repeal of Section 203 of Budget Resolution for Fiscal Year 
2002.--Section 203 of the concurrent resolution on the budget for 
fiscal year 2002 (H. Con. Res. 83, 107th Congress) is repealed.
    (d) Adjustments.--If, for fiscal year 2002, the amount of new 
budget authority provided in appropriation Acts exceeds the 
discretionary spending limit on new budget authority for any category 
due to technical estimates made by the Director of the Office of 
Management and Budget, the Director shall make an adjustment equal to 
the amount of the excess, but not to exceed an amount equal to 0.2 
percent of the sum of the adjusted discretionary limits on new budget 
authority for all categories for fiscal year 2002.
    Sec. 102. Pay-As-You-Go Adjustment.--In preparing the final 
sequestration report for fiscal year 2002 required by section 254(f)(3) 
of the Balanced Budget and Emergency Deficit Control Act of 1985, the 
Director of the Office of Management and Budget shall change any 
balance of direct spending and receipts legislation for fiscal years 
2001 and 2002 under section 252 of that Act to zero.

                   DIVISION D--TECHNICAL CORRECTIONS

    Sec. 101. Title VI of the Agriculture, Rural Development, Food and 
Drug Administration, and Related Agencies Appropriations Act, 2002 
(Public Law 107-76) is amended under the heading ``Food and Drug 
Administration, Salaries and Expenses'' by striking ``$13,207,000'' and 
inserting ``$13,357,000''.
    Sec. 102. Title IV of the Departments of Commerce, Justice, and 
State, the Judiciary and Related Agencies Appropriations Act, 2002 
(Public Law 107-77) is amended in the third proviso of the first 
undesignated paragraph under the heading ``Diplomatic and Consular 
Programs'' by striking ``this heading'' and inserting ``the 
appropriations accounts within the Administration of Foreign Affairs''.
    Sec. 103. Title V of the Departments of Commerce, Justice, and 
State, the Judiciary and Related Agencies Appropriations Act, 2002 
(Public Law 107-77) is amended in the proviso under the heading 
``Commission on Ocean Policy'' by striking ``appointment'' and 
inserting ``the first meeting of the Commission''.
    Sec. 104. Section 612 of Public Law 107-77 is amended by striking 
``June 30, 2002'' and inserting ``April 1, 2002''.
    Sec. 105. Section 626(c) of the Departments of Commerce, Justice, 
and State, the Judiciary and Related Agencies Appropriations Act, 2002 
(Public Law 107-77) is amended by striking ``1:00CV03110(ESG)'' and 
inserting ``1:00CV03110(EGS)''.
    Sec. 106. Jicarilla, New Mexico, Municipal Water System. Public Law 
107-66 is amended--
            (1) under the heading of ``Title I, Department of Defense--
        Civil, Department of the Army, Corps of Engineers--Civil, 
        Construction, General''--
                    (A) by striking ``Provided further, That using 
                $2,500,000 of the funds provided herein, the Secretary 
                of the Army, acting through the Chief of Engineers, is 
                directed to proceed with a final design and initiate 
                construction for the repair and replacement of the 
                Jicarilla Municipal Water System in the town of Dulce, 
                New Mexico:''; and
                    (B) insert at the end before the period the 
                following: ``: Provided further, That using funds 
                provided herein, the Secretary of the Army, acting 
                through the Chief of Engineers, is directed to transfer 
                $2,500,000 to the Secretary of the Interior for the 
                Bureau of Reclamation to proceed with the Jicarilla 
                Municipal Water System in the town of Dulce, New 
                Mexico''; and
            (2) under the heading of ``Title II, Department of the 
        Interior, Bureau of Reclamation, Water and Related Resources, 
        (Including the Transfer of Funds)''--
                    (A) insert at the end before the period the 
                following: ``: Provided further, That using $2,500,000 
                of the funds provided herein, the Secretary of the 
                Interior is directed to proceed with a final design and 
                initiate construction for the repair and replacement of 
                the Jicarilla Municipal Water System in the town of 
                Dulce, New Mexico''.
    Sec. 107. (a) Public Law 107-68 is amended by adding at the end the 
following:
    ``This Act may be cited as the `Legislative Branch Appropriations 
Act, 2002'.''.
    (b) The amendment made by subsection (a) shall take effect as if 
included in the enactment of Public Law 107-68.
    Sec. 108. Section 102 of the Legislative Branch Appropriations Act, 
2002 (Public Law 107-68) is amended--
            (1) in subsection (a), by striking paragraph (1) and 
        redesignating paragraphs (2) through (6) as paragraphs (1) 
        through (5), respectively;
            (2) in subsection (g)(1)--
                    (A) in subparagraph (A), by striking ``subsection 
                (i)(1)(A)'' and inserting ``subsection (h)(1)(A)''; and
                    (B) in subparagraph (B), by striking ``subsection 
                (i)(1)(B)'' and inserting ``subsection (h)(1)(B)''.
    Sec. 109. (a) Section 209 of the Legislative Branch Appropriations 
Act, 2002 (Public Law 107-68) is amended in the matter amending Public 
Law 106-173 by striking the quotation marks and period at the end of 
the new subsection (g) and inserting the following: ``Any reimbursement 
under this subsection shall be credited to the appropriation, fund, or 
account used for paying the amounts reimbursed.
    ``(h) Employment Benefits.--
            ``(1) In general.--The Commission shall fix employment 
        benefits for the Director and for additional personnel 
        appointed under section 6(a), in accordance with paragraphs (2) 
        and (3).
            ``(2) Employment benefits for the director.--
                    ``(A) In general.--The Commission shall determine 
                whether or not to treat the Director as a Federal 
                employee for purposes of employment benefits. If the 
                Commission determines that the Director is to be 
                treated as a Federal employee, then he or she is deemed 
                to be an employee as that term is defined by section 
                2105 of title 5, United States Code, for purposes of 
                chapters 63, 83, 84, 87, 89, and 90 of that title, and 
                is deemed to be an employee for purposes of chapter 81 
                of that title. If the Commission determines that the 
                Director is not to be treated as a Federal employee for 
                purposes of employment benefits, then the Commission or 
                its administrative support service provider shall 
                establish appropriate alternative employment benefits 
                for the Director. The Commission's determination shall 
                be irrevocable with respect to each individual 
                appointed as Director, and the Commission shall notify 
                the Office of Personnel Management and the Department 
                of Labor of its determination. Notwithstanding the 
                Commission's determination, the Director's service is 
                deemed to be Federal service for purposes of section 
                8501 of title 5, United States Code.
                    ``(B) Detailee serving as director.--Subparagraph 
                (A) shall not apply to a detailee who is serving as 
                Director.
            ``(3) Employment benefits for additional personnel.--A 
        person appointed to the Commission staff under subsection 
        (b)(2) is deemed to be an employee as that term is defined by 
        section 2105 of title 5, United States Code, for purposes of 
        chapters 63, 83, 84, 87, 89, and 90 of that title, and is 
        deemed to be an employee for purposes of chapter 81 of that 
        title.''.
    (b) The amendments made by this section shall take effect as if 
included in the enactment of the Legislative Branch Appropriations Act, 
2002 (Public Law 107-68).
    Sec. 110. (a) Section 133(a) of the Legislative Branch 
Appropriations Act, 2001 (Public Law 107-68) is amended--
            (1) by striking ``90-day'' in paragraph (1) and inserting 
        ``180-day'', and
            (2) by striking ``90 days'' in paragraph (2)(C) and 
        inserting ``180 days''.
    (b) The amendments made by subsection (a) shall take effect as if 
included in the enactment of the Legislative Branch Appropriations Act, 
2001 (Public Law 107-68).
    Sec. 111. (a) Notwithstanding any other provision of law, of the 
funds authorized under section 110 of title 23, United States Code, for 
fiscal year 2002, $29,542,304 shall be set aside for the project as 
authorized under title IV of the National Highway System Designation 
Act of 1995, as amended: Provided, That, if funds authorized under 
these provisions have been distributed then the amount so specified 
shall be recalled proportionally from those funds distributed to the 
States under section 110(b)(4)(A) and (B) of title 23, United States 
Code.
    (b) Notwithstanding any other provision of law, for fiscal year 
2002, funds available for environmental streamlining activities under 
section 104(a)(1)(A) of title 23, United States Code, may include 
making grants to, or entering into contracts, cooperative agreements, 
and other transactions, with a Federal agency, State agency, local 
agency, authority, association nonprofit or for-profit corporation, or 
institution of higher education.
    (c) Notwithstanding any other provision of law, of the funds 
authorized under section 110 of title 23, United States Code, for 
fiscal year 2002, and made available for the National motor carrier 
safety program, $5,896,000 shall be for State commercial driver's 
license program improvements.
    (d) Notwithstanding any other provision of law, of the funds 
authorized under section 110 of title 23, United States Code, for 
fiscal year 2002, and made available for border infrastructure 
improvements, up to $2,300,000 shall be made available to carry out 
section 1119(d) of the Transportation Equity Act for the 21st Century, 
as amended.
    Sec. 112. Notwithstanding any other provision of law, of the 
amounts appropriated for in fiscal year 2002 for the Research and 
Special Programs Administration, $3,170,000 of funds provided for 
research and special programs shall remain available until September 
30, 2004; and $22,786,000 of funds provided for the pipeline safety 
program derived from the pipeline safety fund shall remain available 
until September 30, 2004.
    Sec. 113. Item 1497 in the table contained in section 1602 of the 
Transportation Equity Act for the 21st Century (112 Stat. 312), 
relating to Alaska, is amended by inserting ``and construct capital 
improvements to intermodal marine freight and passenger facilities and 
access thereto'' before ``in Anchorage''.
    Sec. 114. Of the funds made available in H.R. 2299, the Fiscal Year 
2002 Department of Transportation and Related Agencies Appropriations 
Act, of funds made available for the Transportation and Community and 
System Preservation Program, $300,000 shall be for the US-61 Woodville 
widening project in Mississippi and, of funds made available for the 
Interstate Maintenance program, $5,000,000 shall be for the City of 
Renton/Port Quendall, WA project.
    Sec. 115. Section 652(c)(1) of Public Law 107-67 is amended by 
striking ``Section 414(c)'' and inserting ``Section 416(c)''.

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                       public and indian housing

                        housing certificate fund

    Sec. 116. Of the amounts made available under both this heading and 
the heading ``Salaries and Expenses'' in title II of Public Law 107-73, 
not to exceed $20,000,000 shall be for the recordation and liquidation 
of obligations and deficiencies incurred in prior years in connection 
with the provision of technical assistance authorized under section 514 
of the Multifamily Assisted Housing Reform and Affordability Act of 
1997 (``section 514''), and for new obligations for such technical 
assistance: Provided, That of the total amount provided under this 
heading, not less than $2,000,000 shall be made available from salaries 
and expenses allocated to the Office of General Counsel and the Office 
of Multifamily Housing Assistance Restructuring in the Department of 
Housing and Urban Development: Provided further, That of the total 
amount provided under this heading, no more than $10,000,000 shall be 
made available for new obligations for technical assistance under 
section 514: Provided further, That from amounts made available under 
this heading, the Inspector General of the Department of Housing and 
Urban Development (``HUD Inspector General'') shall audit each 
provision of technical assistance obligated under the requirements of 
section 514 over the last 4 years: Provided further, That, to the 
extent the HUD Inspector General determines that the use of any funding 
for technical assistance does not meet the requirements of section 514, 
the Secretary of Housing and Urban Development (``Secretary'') shall 
recapture any such funds: Provided further, That no funds appropriated 
under title II of Public Law 107-73 and subsequent appropriations acts 
for the Department of Housing and Urban Development shall be made 
available for four years to any entity (or any subsequent entity 
comprised of significantly the same officers) that has been identified 
as having violated the requirements of section 514 by the HUD Inspector 
General: Provided further, That, notwithstanding any other provision of 
law, no funding for technical assistance under section 514 shall be 
available for carryover from any previous year: Provided further, That 
the Secretary shall implement the provisions under this heading in a 
manner that does not accelerate outlays.

                  DIVISION E--MISCELLANEOUS PROVISIONS

                   TITLE I--HOMESTAKE MINE CONVEYANCE

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Homestake Mine Conveyance Act of 
2001''.

SEC. 102. FINDINGS.

    Congress finds that--
            (1) the United States is among the leading nations in the 
        world in conducting basic scientific research;
            (2) that leadership position strengthens the economy and 
        national defense of the United States and provides other 
        important benefits;
            (3) the Homestake Mine in Lead, South Dakota, owned by the 
        Homestake Mining Company of California, is approximately 8,000 
        feet deep and is situated in a unique physical setting that is 
        ideal for carrying out certain types of particle physics and 
        other research;
            (4) the Mine has been selected by the National Underground 
        Science Laboratory Committee, an independent panel of 
        distinguished scientists, as the preferred site for the 
        construction of the National Underground Science Laboratory;
            (5) such a laboratory would be used to conduct scientific 
        research that would be funded and recognized as significant by 
        the United States;
            (6) the establishment of the laboratory is in the national 
        interest, and would substantially improve the capability of the 
        United States to conduct important scientific research;
            (7) for economic reasons, Homestake intends to cease 
        operations at the Mine in 2001;
            (8) on cessation of operations of the Mine, Homestake 
        intends to implement reclamation actions that would preclude 
        the establishment of a laboratory at the Mine;
            (9) Homestake has advised the State that, after cessation 
        of operations at the Mine, instead of closing the entire Mine, 
        Homestake is willing to donate the underground portion of the 
        Mine and certain other real and personal property of 
        substantial value at the Mine for use as the National 
        Underground Science Laboratory;
            (10) use of the Mine as the site for the laboratory, 
        instead of other locations under consideration, would result in 
        a savings of millions of dollars for the Federal Government;
            (11) if the Mine is selected as the site for the 
        laboratory, it is essential that closure of the Mine not 
        preclude the location of the laboratory at the Mine;
            (12) Homestake is unwilling to donate, and the State is 
        unwilling to accept, the property at the Mine for the 
        laboratory if Homestake and the State would continue to have 
        potential liability with respect to the transferred property; 
        and
            (13) to secure the use of the Mine as the location for the 
        laboratory, and to realize the benefits of the proposed 
        laboratory, it is necessary for the United States to--
                    (A) assume a portion of any potential future 
                liability of Homestake concerning the Mine; and
                    (B) address potential liability associated with the 
                operation of the laboratory.

SEC. 103. DEFINITIONS.

    In this title:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Affiliate.--
                    (A) In general.--The term ``affiliate'' means any 
                corporation or other person that controls, is 
                controlled by, or is under common control with 
                Homestake.
                    (B) Inclusions.--The term ``affiliate'' includes a 
                director, officer, or employee of an affiliate.
            (3) Conveyance.--The term ``conveyance'' means the 
        conveyance of the Mine to the State under section 104(a).
            (4) Fund.--The term ``Fund'' means the Environment and 
        Project Trust Fund established under section 108.
            (5) Homestake.--
                    (A) In general.--The term ``Homestake'' means the 
                Homestake Mining Company of California, a California 
                corporation.
                    (B) Inclusion.--The term ``Homestake'' includes--
                            (i) a director, officer, or employee of 
                        Homestake;
                            (ii) an affiliate of Homestake; and
                            (iii) any successor of Homestake or 
                        successor to the interest of Homestake in the 
                        Mine.
            (6) Independent entity.--The term ``independent entity'' 
        means an independent entity selected jointly by Homestake, the 
        South Dakota Department of Environment and Natural Resources, 
        and the Administrator--
                    (A) to conduct a due diligence inspection under 
                section 104(b)(2)(A); and
                    (B) to determine the fair value of the Mine under 
                section 105(a).
            (7) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b).
            (8) Laboratory.--
                    (A) In general.--The term ``laboratory'' means the 
                national underground science laboratory proposed to be 
                established at the Mine after the conveyance.
                    (B) Inclusion.--The term ``laboratory'' includes 
                operating and support facilities of the laboratory.
            (9) Mine.--
                    (A) In general.--The term ``Mine'' means the 
                portion of the Homestake Mine in Lawrence County, South 
                Dakota, proposed to be conveyed to the State for the 
                establishment and operation of the laboratory.
                    (B) Inclusions.--The term ``Mine'' includes--
                            (i) real property, mineral and oil and gas 
                        rights, shafts, tunnels, structures, backfill, 
                        broken rock, fixtures, facilities, and personal 
                        property to be conveyed for establishment and 
                        operation of the laboratory, as agreed upon by 
                        Homestake and the State; and
                            (ii) any water that flows into the Mine 
                        from any source.
                    (C) Exclusions.--The term ``Mine'' does not 
                include--
                            (i) the feature known as the ``Open Cut'';
                            (ii) any tailings or tailings storage 
                        facility (other than backfill in the portion of 
                        the Mine described in subparagraph (A)); or
                            (iii) any waste rock or any site used for 
                        the dumping of waste rock (other than broken 
                        rock in the portion of the Mine described in 
                        subparagraph (A)).
            (10) Person.--The term ``person'' means--
                    (A) an individual;
                    (B) a trust, firm, joint stock company, corporation 
                (including a government corporation), partnership, 
                association, limited liability company, or any other 
                type of business entity;
                    (C) a State or political subdivision of a State;
                    (D) a foreign governmental entity;
                    (E) an Indian tribe; and
                    (F) any department, agency, or instrumentality of 
                the United States.
            (11) Project sponsor.--The term ``project sponsor'' means 
        an entity that manages or pays the costs of 1 or more projects 
        that are carried out or proposed to be carried out at the 
        laboratory.
            (12) Scientific advisory board.--The term ``Scientific 
        Advisory Board'' means the entity designated in the management 
        plan of the laboratory to provide scientific oversight for the 
        operation of the laboratory.
            (13) State.--
                    (A) In general.--The term ``State'' means the State 
                of South Dakota.
                    (B) Inclusions.--The term ``State'' includes an 
                institution, agency, officer, or employee of the State.

SEC. 104. CONVEYANCE OF REAL PROPERTY.

    (a) In General.--
            (1) Delivery of documents.--Subject to paragraph (2) and 
        subsection (b) and notwithstanding any other provision of law, 
        on the execution and delivery by Homestake of 1 or more quit-
        claim deeds or bills of sale conveying to the State all right, 
        title, and interest of Homestake in and to the Mine, title to 
        the Mine shall pass from Homestake to the State.
            (2) Condition of mine on conveyance.--The Mine shall be 
        conveyed as is, with no representations as to the condition of 
        the property.
    (b) Requirements for Conveyance.--
            (1) In general.--As a condition precedent of conveyance and 
        of the assumption of liability by the United States in 
        accordance with this title, the Administrator shall accept the 
        final report of the independent entity under paragraph (3).
            (2) Due diligence inspection.--
                    (A) In general.--As a condition precedent of 
                conveyance and of Federal participation described in 
                this title, Homestake shall permit an independent 
                entity to conduct a due diligence inspection of the 
                Mine to determine whether any condition of the Mine may 
                present an imminent and substantial endangerment to 
                public health or the environment.
                    (B) Consultation.--As a condition precedent of the 
                conduct of a due diligence inspection, Homestake, the 
                South Dakota Department of Environment and Natural 
                Resources, the Administrator, and the independent 
                entity shall consult and agree upon the methodology and 
                standards to be used, and other factors to be 
                considered, by the independent entity in--
                            (i) the conduct of the due diligence 
                        inspection;
                            (ii) the scope of the due diligence 
                        inspection; and
                            (iii) the time and duration of the due 
                        diligence inspection.
            (3) Report to the administrator.--
                    (A) In general.--The independent entity shall 
                submit to the Administrator a report that--
                            (i) describes the results of the due 
                        diligence inspection under paragraph (2); and
                            (ii) identifies any condition of or in the 
                        Mine that may present an imminent and 
                        substantial endangerment to public health or 
                        the environment.
                    (B) Procedure.--
                            (i) Draft report.--Before finalizing the 
                        report under this paragraph, the independent 
                        entity shall--
                                    (I) issue a draft report;
                                    (II) submit to the Administrator, 
                                Homestake, and the State a copy of the 
                                draft report;
                                    (III) issue a public notice 
                                requesting comments on the draft report 
                                that requires all such comments to be 
                                filed not later than 45 days after 
                                issuance of the public notice; and
                                    (IV) during that 45-day public 
                                comment period, conduct at least 1 
                                public hearing in Lead, South Dakota, 
                                to receive comments on the draft 
                                report.
                            (ii) Final report.--In the final report 
                        submitted to the Administrator under this 
                        paragraph, the independent entity shall respond 
                        to, and incorporate necessary changes suggested 
                        by, the comments received on the draft report.
            (4) Review and approval by administrator.--
                    (A) In general.--Not later than 60 days after 
                receiving the final report under paragraph (3), the 
                Administrator shall--
                            (i) review the report; and
                            (ii) notify the State in writing of 
                        acceptance or rejection of the final report.
                    (B) Conditions for rejection.--The Administrator 
                may reject the final report only if the Administrator 
                identifies 1 or more conditions of the Mine that--
                            (i) may present an imminent and substantial 
                        endangerment to the public health or the 
                        environment, as determined by the 
                        Administrator; and
                            (ii) require response action to correct 
                        each condition that may present an imminent and 
                        substantial endangerment to the public health 
                        or the environment identified under clause (i) 
                        before conveyance and assumption by the Federal 
                        Government of liability concerning the Mine 
                        under this title.
                    (C) Response actions and certification.--
                            (i) Response actions.--
                                    (I) In general.--If the 
                                Administrator rejects the final report, 
                                Homestake may carry out or bear the 
                                cost of, or permit the State or another 
                                person to carry out or bear the cost 
                                of, such response actions as are 
                                necessary to correct any condition 
                                identified by the Administrator under 
                                subparagraph (B)(i) that may present an 
                                imminent and substantial endangerment 
                                to public health or the environment.
                                    (II) Long-term response actions.--
                                            (aa) In general.--In a case 
                                        in which the Administrator 
                                        determines that a condition 
                                        identified by the Administrator 
                                        under subparagraph (B)(i) 
                                        requires continuing response 
                                        action, or response action that 
                                        can be completed only as part 
                                        of the final closure of the 
                                        laboratory, it shall be a 
                                        condition of conveyance that 
                                        Homestake, the State, or 
                                        another person deposit into the 
                                        Fund such amount as is 
                                        estimated by the independent 
                                        entity, on a net present value 
                                        basis and after taking into 
                                        account estimated interest on 
                                        that basis, to be sufficient to 
                                        pay the costs of the long-term 
                                        response action or the response 
                                        action that will be completed 
                                        as part of the final closure of 
                                        the laboratory.
                                            (bb) Limitation on use of 
                                        funds.--None of the funds 
                                        deposited into the Fund under 
                                        item (aa) shall be expended for 
                                        any purpose other than to pay 
                                        the costs of the long-term 
                                        response action, or the 
                                        response action that will be 
                                        completed as part of the final 
                                        closure of the Mine, identified 
                                        under that item.
                            (ii) Contribution by homestake.--The total 
                        amount that Homestake may expend, pay, or 
                        deposit into the Fund under subclauses (I) and 
                        (II) of clause (i) shall not exceed--
                                    (I) $75,000,000; less
                                    (II) the fair value of the Mine as 
                                determined under section 105(a).
                            (iii) Certification.--
                                    (I) In general.--After any response 
                                actions described in clause (i)(I) are 
                                carried out and any required funds are 
                                deposited under clause (i)(II), the 
                                independent entity may certify to the 
                                Administrator that the conditions for 
                                rejection identified by the 
                                Administrator under subparagraph (B) 
                                have been corrected.
                                    (II) Acceptance or rejection of 
                                certification.--Not later than 60 days 
                                after an independent entity makes a 
                                certification under subclause (I), the 
                                Administrator shall accept or reject 
                                the certification.
    (c) Review of Conveyance.--For the purposes of the conveyance, the 
requirements of this section shall be considered to be sufficient to 
meet any requirement of the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.).

SEC. 105. ASSESSMENT OF PROPERTY.

    (a) Valuation of Property.--The independent entity shall assess the 
fair value of the Mine.
    (b) Fair Value.--For the purposes of this section, the fair value 
of the Mine shall include the estimated cost, as determined by the 
independent entity under subsection (a), of replacing the shafts, 
winzes, hoists, tunnels, ventilation system, and other equipment and 
improvements at the Mine that are expected to be used at, or that will 
be useful to, the laboratory.
    (c) Report.--Not later than the date on which each report developed 
in accordance with section 104(b)(3) is submitted to the Administrator, 
the independent entity described in subsection (a) shall submit to the 
State a report that identifies the fair value assessed under subsection 
(a).

SEC. 106. LIABILITY.

    (a) Assumption of Liability.--
            (1) Assumption.--Subject to paragraph (2), notwithstanding 
        any other provision of law, on completion of the conveyance in 
        accordance with this title, the United States shall assume any 
        and all liability relating to the Mine and laboratory, 
        including liability for--
                    (A) damages;
                    (B) reclamation;
                    (C) the costs of response to any hazardous 
                substance (as defined in section 101 of the 
                Comprehensive Environmental Response, Compensation, and 
                Liability Act of 1980 (42 U.S.C. 9601)), contaminant, 
                or other material on, under, or relating to the Mine 
                and laboratory; and
                    (D) closure of the Mine and laboratory.
            (2) Claims against united states.--In the case of any claim 
        brought against the United States, the United States shall be 
        liable for--
                    (A) damages under paragraph (1)(A), only to the 
                extent that an award of damages is made in a civil 
                action brought under chapter 171 of title 28, United 
                States Code; and
                    (B) response costs under paragraph (1)(C), only to 
                the extent that an award of response costs is made in a 
                civil action brought under--
                            (i) the Federal Water Pollution Control Act 
                        (33 U.S.C. 1251 et seq.);
                            (ii) the Solid Waste Disposal Act (42 
                        U.S.C. 6901 et seq.);
                            (iii) the Comprehensive Environmental 
                        Response, Compensation, and Liability Act of 
                        1980 (42 U.S.C. 9601 et seq.); or
                            (iv) any other applicable Federal 
                        environmental law, as determined by the 
                        Administrator.
    (b) Liability Protection.--On completion of the conveyance, neither 
Homestake nor the State shall be liable to any person or the United 
States for injuries, costs, injunctive relief, reclamation, damages 
(including damages to natural resources or the environment), or 
expenses, or liable under any other claim (including claims for 
indemnification or contribution, claims by third parties for death, 
personal injury, illness, or loss of or damage to property, or claims 
for economic loss), under any law (including a regulation) for any 
claim arising out of or in connection with contamination, pollution, or 
other condition, use, or closure of the Mine and laboratory, regardless 
of when a condition giving rise to the liability originated or was 
discovered.
    (c) Indemnification.--Notwithstanding any other provision of law, 
on completion of the conveyance in accordance with this title, the 
United States shall indemnify, defend, and hold harmless Homestake and 
the State from and against--
            (1) any and all liabilities and claims described in 
        subsection (a), without regard to any limitation under 
        subsection (a)(2); and
            (2) any and all liabilities and claims described in 
        subsection (b).
    (d) Waiver of Sovereign Immunity.--For purposes of this Act, the 
United States waives any claim to sovereign immunity.
    (e) Timing for Assumption of Liability.--If the conveyance is 
effectuated by more than 1 legal transaction, the assumption of 
liability, liability protection, indemnification, and waiver of 
sovereign immunity provided for under this section shall apply to each 
legal transaction, as of the date on which the transaction is completed 
and with respect to such portion of the Mine as is conveyed under that 
transaction.
    (f) Exceptions for Homestake Claims.--Nothing in this section 
constitutes an assumption of liability by the United States, or relief 
of liability of Homestake, for--
            (1) any unemployment, worker's compensation, or other 
        employment-related claim or cause of action of an employee of 
        Homestake that arose before the date of conveyance;
            (2) any claim or cause of action that arose before the date 
        of conveyance, other than an environmental claim or a claim 
        concerning natural resources;
            (3) any violation of any provision of criminal law; or
            (4) any claim, injury, damage, liability, or reclamation or 
        cleanup obligation with respect to any property or asset that 
        is not conveyed under this title, except to the extent that any 
        such claim, injury, damage, liability, or reclamation or 
        cleanup obligation arises out of the continued existence or use 
        of the Mine subsequent to the date of conveyance.

SEC. 107. INSURANCE COVERAGE.

    (a) Property and Liability Insurance.--
            (1) In general.--To the extent property and liability 
        insurance is available and subject to the requirements 
        described in paragraph (2), the State shall purchase property 
        and liability insurance for the Mine and the operation of the 
        laboratory to provide coverage against the liability described 
        in subsections (a) and (b) of section 106.
            (2) Requirements.--The requirements referred to in 
        paragraph (1) are the following:
                    (A) Terms of insurance.--In determining the type, 
                extent of coverage, and policy limits of insurance 
                purchased under this subsection, the State shall--
                            (i) periodically consult with the 
                        Administrator and the Scientific Advisory 
                        Board; and
                            (ii) consider certain factors, including--
                                    (I) the nature of the projects and 
                                experiments being conducted in the 
                                laboratory;
                                    (II) the availability and cost of 
                                commercial insurance; and
                                    (III) the amount of funding 
                                available to purchase commercial 
                                insurance.
                    (B) Additional terms.--The insurance purchased by 
                the State under this subsection may provide coverage 
                that is--
                            (i) secondary to the insurance purchased by 
                        project sponsors; and
                            (ii) in excess of amounts available in the 
                        Fund to pay any claim.
            (3) Financing of insurance purchase.--
                    (A) In general.--Subject to section 108, the State 
                may finance the purchase of insurance required under 
                this subsection by using--
                            (i) funds made available from the Fund; and
                            (ii) such other funds as are received by 
                        the State for the purchase of insurance for the 
                        Mine and laboratory.
                    (B) No requirement to use state funds.--Nothing in 
                this title requires the State to use State funds to 
                purchase insurance required under this subsection.
            (4) Additional insured.--Any insurance purchased by the 
        State under this subsection shall--
                    (A) name the United States as an additional 
                insured; or
                    (B) otherwise provide that the United States is a 
                beneficiary of the insurance policy having the primary 
                right to enforce all rights of the United States under 
                the policy.
            (5) Termination of obligation to purchase insurance.--The 
        obligation of the State to purchase insurance under this 
        subsection shall terminate on the date on which--
                    (A) the Mine ceases to be used as a laboratory; or
                    (B) sufficient funding ceases to be available for 
                the operation and maintenance of the Mine or 
                laboratory.
    (b) Project Insurance.--
            (1) In general.--The State, in consultation with the 
        Administrator and the Scientific Advisory Board, may require, 
        as a condition of approval of a project for the laboratory, 
        that a project sponsor provide property and liability insurance 
        or other applicable coverage for potential liability associated 
        with the project described in subsections (a) and (b) of 
        section 106.
            (2) Additional insured.--Any insurance obtained by the 
        project sponsor under this section shall--
                    (A) name the State and the United States as 
                additional insureds; or
                    (B) otherwise provide that the State and the United 
                States are beneficiaries of the insurance policy having 
                the primary right to enforce all rights under the 
                policy.
    (c) State Insurance.--
            (1) In general.--To the extent required by State law, the 
        State shall purchase, with respect to the operation of the Mine 
        and the laboratory--
                    (A) unemployment compensation insurance; and
                    (B) worker's compensation insurance.
            (2) Prohibition on use of funds from fund.--A State shall 
        not use funds from the Fund to carry out paragraph (1).

SEC. 108. ENVIRONMENT AND PROJECT TRUST FUND.

    (a) Establishment.--On completion of the conveyance, the State 
shall establish, in an interest-bearing account at an accredited 
financial institution located within the State, the Environment and 
Project Trust Fund.
    (b) Amounts.--The Fund shall consist of--
            (1) an annual deposit from the operation and maintenance 
        funding provided for the laboratory in an amount to be 
        determined--
                    (A) by the State, in consultation with the 
                Administrator and the Scientific Advisory Board; and
                    (B) after taking into consideration--
                            (i) the nature of the projects and 
                        experiments being conducted at the laboratory;
                            (ii) available amounts in the Fund;
                            (iii) any pending costs or claims that may 
                        be required to be paid out of the Fund; and
                            (iv) the amount of funding required for 
                        future actions associated with the closure of 
                        the facility;
            (2) an amount determined by the State, in consultation with 
        the Administrator and the Scientific Advisory Board, and to be 
        paid by the appropriate project sponsor, for each project to be 
        conducted, which amount--
                    (A) shall be used to pay--
                            (i) costs incurred in removing from the 
                        Mine or laboratory equipment or other materials 
                        related to the project;
                            (ii) claims arising out of or in connection 
                        with the project; and
                            (iii) if any portion of the amount remains 
                        after paying the expenses described in clauses 
                        (i) and (ii), other costs described in 
                        subsection (c); and
                    (B) may, at the discretion of the State, be 
                assessed--
                            (i) annually; or
                            (ii) in a lump sum as a prerequisite to the 
                        approval of the project;
            (3) interest earned on amounts in the Fund, which amount of 
        interest shall be used only for a purpose described in 
        subsection (c); and
            (4) all other funds received and designated by the State 
        for deposit in the Fund.
    (c) Expenditures From Fund.--Amounts in the Fund shall be used only 
for the purposes of funding--
            (1) waste and hazardous substance removal or remediation, 
        or other environmental cleanup at the Mine;
            (2) removal of equipment and material no longer used, or 
        necessary for use, in conjunction with a project conducted at 
        the laboratory;
            (3) a claim arising out of or in connection with the 
        conducting of such a project;
            (4) purchases of insurance by the State as required under 
        section 107;
            (5) payments for and other costs relating to liability 
        described in section 106; and
            (6) closure of the Mine and laboratory.
    (d) Federal Payments From Fund.--The United States--
            (1) to the extent the United States assumes liability under 
        section 106--
                    (A) shall be a beneficiary of the Fund; and
                    (B) may direct that amounts in the Fund be applied 
                to pay amounts and costs described in this section; and
            (2) may take action to enforce the right of the United 
        States to receive 1 or more payments from the Fund.
    (e) No Requirement of Deposit of Public Funds.--Nothing in this 
section requires the State to deposit State funds as a condition of the 
assumption by the United States of liability, or the relief of the 
State or Homestake from liability, under section 106.

SEC. 109. WASTE ROCK MIXING.

    After completion of the conveyance, the State shall obtain the 
approval of the Administrator before disposing of any material quantity 
of laboratory waste rock if--
            (1) the disposal site is on land not conveyed under this 
        title; and
            (2) the State determines that the disposal could result in 
        commingling of laboratory waste rock with waste rock disposed 
        of by Homestake before the date of conveyance.

SEC. 110. REQUIREMENTS FOR OPERATION OF LABORATORY.

    After the conveyance, nothing in this title exempts the laboratory 
from compliance with any law (including a Federal environmental law).

SEC. 111. CONTINGENCY.

    This title shall be effective contingent on the selection, by the 
National Science Foundation, of the Mine as the site for the 
laboratory.

SEC. 112. OBLIGATION IN THE EVENT OF NONCONVEYANCE.

    If the conveyance under this title does not occur, any obligation 
of Homestake relating to the Mine shall be limited to such reclamation 
or remediation as is required under any applicable law other than this 
title.

SEC. 113. PAYMENT AND REIMBURSEMENT OF COSTS.

    The United States may seek payment--
            (1) from the Fund, under section 108(d), to pay or 
        reimburse the United States for amounts payable or liabilities 
        incurred under this title; and
            (2) from available insurance, to pay or reimburse the 
        United States and the Fund for amounts payable or liabilities 
        incurred under this title.

SEC. 114. CONSENT DECREES.

    Nothing in this title affects any obligation of a party under--
            (1) the 1990 Remedial Action Consent Decree (Civ. No. 90-
        5101 D. S.D.); or
            (2) the 1999 Natural Resource Damage Consent Decree (Civ. 
        Nos. 97-5078 and 97-5100, D. S.D.).

SEC. 115. CUSTOMS USER FEES.

    Section 13031(j)(3) of the Consolidated Omnibus Budget 
Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)) is amended by 
inserting after ``September 30, 2003,'' the following: ``except that 
fees shall continue to be charged under paragraphs (1) through (8) of 
that subsection through January 31, 2004.''.

SEC. 116. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
to carry out this title.

              TITLE II--GENERAL PROVISIONS, THIS DIVISION

    Sec. 201. Trustees of the John F. Kennedy Center for the Performing 
Arts. (a) Membership.--Section 2(a) of the John F. Kennedy Center Act 
(20 U.S.C. 76h(a)) is amended--
            (1) by striking ``There is hereby'' and inserting the 
        following:
            ``(1) In general.--There is''; and
            (2) by striking the second sentence and inserting the 
        following:
            ``(2) Membership.--The Board shall be composed of--
                    ``(A) the Secretary of Health and Human Services;
                    ``(B) the Librarian of Congress;
                    ``(C) the Secretary of State;
                    ``(D) the Chairman of the Commission of Fine Arts;
                    ``(E) the Mayor of the District of Columbia;
                    ``(F) the Superintendent of Schools of the District 
                of Columbia;
                    ``(G) the Director of the National Park Service;
                    ``(H) the Secretary of Education;
                    ``(I) the Secretary of the Smithsonian Institution;
                    ``(J)(i) the Speaker and the Minority Leader of the 
                House of Representatives;
                    ``(ii) the chairman and ranking minority member of 
                the Committee on Public Works and Transportation of the 
                House of Representatives; and
                    ``(iii) 3 additional Members of the House of 
                Representatives appointed by the Speaker of the House 
                of Representatives;
                    ``(K)(i) the Majority Leader and the Minority 
                Leader of the Senate;
                    ``(ii) the chairman and ranking minority member of 
                the Committee on Environment and Public Works of the 
                Senate; and
                    ``(iii) 3 additional Members of the Senate 
                appointed by the President of the Senate; and
                    ``(L) 36 general trustees, who shall be citizens of 
                the United States, to be appointed in accordance with 
                subsection (b).''.
    (b) Terms of Office for New General Trustees.--Section 2(b) of the 
John F. Kennedy Center Act (20 U.S.C. 76h(b)) shall apply to each 
general trustee of the John F. Kennedy Center for the Performing Arts 
whose position is established by the amendment made by subsection 
(a)(2) (referred to in this subsection as a ``new general trustee''), 
except that the initial term of office of each new general trustee 
shall--
            (1) commence on the date on which the new general trustee 
        is appointed by the President; and
            (2) terminate on September 1, 2007.
    Sec. 202. (a) The purpose of this section is to require procedures 
that ensure the fair and equitable resolution of labor integration 
issues, in order to prevent further disruption to transactions for the 
combination of air carriers, which would potentially aggravate the 
disruption caused by the attack on the United States on September 11, 
2001.
    (b) In this section:
            (1) The term ``air carrier'' means an air carrier that 
        holds a certificate issued under chapter 411 of title 49, 
        United States Code.
            (2) The term ``covered employee'' means an employee who--
                    (A) is not a temporary employee; and
                    (B) is a member of a craft or class that is subject 
                to the Railway Labor Act (45 U.S.C. 151 et seq.).
            (3) The term ``covered transaction'' means a transaction 
        that--
                    (A) is a transaction for the combination of 
                multiple air carriers into a single air carrier;
                    (B) involves the transfer of ownership or control 
                of--
                            (i) 50 percent or more of the equity 
                        securities (as defined in section 101 of title 
                        11, United States Code) of an air carrier; or
                            (ii) 50 percent or more (by value) of the 
                        assets of the air carrier;
                    (C) became a pending transaction, or was completed, 
                not earlier than January 1, 2001; and
                    (D) did not result in the creation of a single air 
                carrier by September 11, 2001.
    (c) If an eligible employee is a covered employee of an air carrier 
involved in a covered transaction that leads to the combination of 
crafts or classes that are subject to the Railway Labor Act, the 
eligible employee may receive assistance under this title only if the 
parties to the transaction--
            (1) apply sections 3 and 13 of the labor protective 
        provisions imposed by the Civil Aeronautics Board in the 
        Allegheny-Mohawk merger (as published at 59 CAB 45) to the 
        covered employees of the air carrier; and
            (2) subject to paragraph (1), in a case in which a 
        collective bargaining agreement provides for the application of 
        sections 3 and 13 of the labor protective provisions in the 
        process of seniority integration for the covered employees, 
        apply the terms of the collective bargaining agreement to the 
        covered employees, and do not abrogate the terms of the 
        agreement.
    (d) Any aggrieved person (including any labor organization that 
represents the person) may bring an action to enforce this section, or 
the terms of any award or agreement resulting from arbitration or a 
settlement relating to the requirements of this section. The person may 
bring the action in an appropriate Federal district court, determined 
in accordance with section 1391 of title 28, United States Code, 
without regard to the amount in controversy.

            Attest:

                                                             Secretary.
107th CONGRESS

  1st Session

                               H. R. 3338

_______________________________________________________________________

                               AMENDMENT