[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3338 Enrolled Bill (ENR)]

        H.R.3338

                      One Hundred Seventh Congress

                                 of the

                        United States of America


                          AT THE FIRST SESSION

         Begun and held at the City of Washington on Wednesday,
             the third day of January, two thousand and one


                                 An Act


 
Making appropriations for the Department of Defense for the fiscal year 
           ending September 30, 2002, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the following sums 
are appropriated, out of any money in the Treasury not otherwise 
appropriated, for the fiscal year ending September 30, 2002, for 
military functions administered by the Department of Defense, and for 
other purposes, namely:

         DIVISION A--DEPARTMENT OF DEFENSE APPROPRIATIONS, 2002

                                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), 
and to the Department of Defense Military Retirement Fund, 
$23,752,384,000.

                        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), 
and to the Department of Defense Military Retirement Fund, 
$19,551,484,000.

                    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), and to the Department of 
Defense Military Retirement Fund, $7,345,340,000.

                     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), and to the Department of Defense Military Retirement Fund, 
$19,724,014,000.

                        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, $1,654,523,000.

                    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, 
$471,200,000.

                      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, 
$4,041,695,000.

                  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, 
$1,784,654,000.

                                TITLE II

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

                     (including transfer of funds)

    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, $22,335,074,000: Provided, That of 
the funds made available under this heading, $1,000,000, to remain 
available until expended, shall be transferred to ``National Park 
Service--Construction'' within 30 days of the enactment of this Act, 
only for necessary infrastructure repair improvements at Fort Baker, 
under the management of the Golden Gate Recreation Area: Provided 
further, That of the funds appropriated in this paragraph, not less 
than $355,000,000 shall be made available only for conventional 
ammunition care and maintenance.

                    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 $6,000,000 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, 
$26,876,636,000.

                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, 
$2,931,934,000.

                  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, $26,026,789,000: 
Provided, That notwithstanding any other provision of law, that of the 
funds available under this heading, $750,000 shall only be available to 
the Secretary of the Air Force for a grant to Florida Memorial College 
for the purpose of funding minority aviation training.

                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, 
$12,773,270,000, 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: Provided, That notwithstanding any 
other provision of law, of the funds provided in this Act for Civil 
Military programs under this heading, $750,000 shall be available for a 
grant for Outdoor Odyssey, Roaring Run, Pennsylvania, to support the 
Youth Development and Leadership program and Department of Defense 
STARBASE program: Provided further, That of the funds made available in 
this paragraph, $1,000,000 shall be available only for continuation of 
the Middle East Regional Security Issues program: Provided further, 
That none of the funds appropriated or otherwise made available by this 
Act may be used to plan or implement the consolidation of a budget or 
appropriations liaison office of the Office of the Secretary of 
Defense, the office of the Secretary of a military department, or the 
service headquarters of one of the Armed Forces into a legislative 
affairs or legislative liaison office.

                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, $2,024,866,000.

             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), $3,768,058,000.

             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, 
$3,988,961,000.

             Overseas Contingency Operations Transfer Fund

                     (including transfer of funds)

    For expenses directly relating to Overseas Contingency Operations 
by United States military forces, $50,000,000, to remain available 
until expended: Provided, That the Secretary of Defense may transfer 
these funds only to military personnel accounts; operation and 
maintenance accounts within this title; the Defense Health Program 
appropriation; procurement accounts; research, development, test and 
evaluation accounts; and to working capital funds: Provided further, 
That the funds transferred shall be merged with and shall be available 
for the same purposes and for the same time period, as the 
appropriation to which transferred: Provided further, That 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 in this paragraph is in 
addition to any other transfer authority contained elsewhere in this 
Act.

          United States Court 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, $222,255,000, 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), $49,700,000, to remain available until 
September 30, 2003.

        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, $1,984,391,000, 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, $1,079,330,000, 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, 
$2,193,746,000, 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, $1,200,465,000, 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, 
$4,183,736,000, 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, $7,938,143,000, 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, $1,429,592,000, 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, $461,399,000, 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), $365,440,000;
        NSSN, $1,578,914,000;
        NSSN (AP), $684,288,000;
        CVN Refuelings, $1,148,124,000;
        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;
        DDG-51 (AP), $125,000,000;
        Cruiser conversion (AP), $75,000,000;
        LPD-17 (AP), $155,000,000;
        T-AKE, $370,818,000;
        LHD-8, $267,238,000;
        LCAC landing craft air cushion program, $46,091,000;
        Prior year shipbuilding costs, $729,248,000;
        Mine Hunter SWATH, $1,000,000;
        Yard Oilers, $3,000,000; and
        For craft, outfitting, post delivery, conversions, and first 
    destination transformation transportation, $302,230,000;
In all: $9,490,039,000, 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, $4,270,976,000, 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, $995,442,000, 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, $10,567,038,000, 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, 
$2,989,524,000, 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, $866,644,000, 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 per vehicle; 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, $8,085,863,000, 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 65 passenger motor vehicles for replacement 
only; the purchase of 4 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, 
$2,389,490,000, to remain available for obligation until September 30, 
2004: Provided, That funds provided under this heading for Patriot 
Advanced Capability 3 (PAC-3) missiles may be used for procurement of 
critical parts for PAC-3 missiles to support production of such 
missiles in future fiscal years.

                    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), $40,000,000 to remain available until 
expended, of which, $2,000,000 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, $699,130,000, 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: Provided 
further, That of the funds appropriated under this heading, 
$148,430,000 shall be available only for the procurement of C-130J 
aircraft to be used solely for western states firefighting.

                                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, 
$7,106,074,000, 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, 
$11,498,506,000, 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, 
$14,669,931,000, 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, $15,415,275,000, to remain 
available for obligation until September 30, 2003: Provided, That for 
funds provided under this heading for ballistic missile defense 
programs, the minimum amount applicable under section 9(f)(1)(C) of the 
Small Business Act (15 U.S.C. 638(f)(1)(C)) shall be $75,000,000 (in 
lieu of the amount otherwise applicable for those programs under that 
section).

                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, $231,855,000, 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, $1,312,986,000: 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), and for the necessary expenses to maintain and 
preserve a U.S.-flag merchant fleet to serve the national security 
needs of the United States, $432,408,000, 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: Provided further, That, notwithstanding any other 
provision of law, $25,000,000 of the funds available under this heading 
shall be available only to finance the cost of constructing additional 
sealift capacity.

                                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, 
$18,391,194,000, of which $17,659,475,000 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 $463,804,000, to remain available for obligation until September 
30, 2003, shall be for Research, development, test and evaluation, and 
of which $14,000,000 shall be available for HIV prevention educational 
activities undertaken in connection with U.S. military training, 
exercises, and humanitarian assistance activities conducted in African 
nations.

            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, $1,105,557,000, 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 $202,379,000 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, $842,581,000: 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 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 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


                      (including transfer of funds)

    For necessary expenses of the Intelligence Community Management 
Account, $160,429,000, 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, 
$42,752,000 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, $67,500,000, 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 
$2,000,000,000 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 May 1, 
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:
        UH-60/CH-60 aircraft;
        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 as 
of 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 2003 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 2003 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 
$55,000,000 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 $14,300,000 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 
$23,003,000 shall be available for the Civil Air Patrol Corporation, of 
which $21,503,000 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 
$40,000,000.
    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 2002. 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 President shall include with each budget for a 
fiscal year submitted to the Congress under section 1105 of title 31, 
United States Code, materials that shall identify clearly and 
separately the amounts requested in the budget for appropriation for 
that fiscal year for salaries and expenses related to administrative 
activities of the Department of Defense, the military departments, and 
the defense agencies.
    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: Provided, That the $100,000 limitation shall 
not apply to amounts appropriated in this Act under the heading 
``Operation and Maintenance, Defense-Wide'' for expenses related to 
certain classified activities.
    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: Provided 
further, That any funds appropriated or transferred to the Central 
Intelligence Agency for agent operations and for covert action programs 
authorized by the President under section 503 of the National Security 
Act of 1947, as amended, shall remain available until September 30, 
2003.
    Sec. 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 to 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. 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. 8054. Of the funds provided in Department of Defense 
Appropriations Acts, the following funds are hereby rescinded from the 
following accounts and programs in the specified amounts:
        ``Former Soviet Union Threat Reduction, 2000/2002'', 
    $32,000,000;
        ``Other Procurement, Navy, 2000/2002'', $15,300,000;
        ``Aircraft Procurement, Air Force, 2000/2002'', $8,500,000;
        ``Other Procurement, Air Force, 2000/2002'', $20,000,000;
        ``Aircraft Procurement, Army, 2001/2003'', $16,000,000;
        ``Procurement of Ammunition, Army, 2001/2003'', $27,400,000;
        ``Other Procurement, Army, 2001/2003'', $28,745,000;
        ``Aircraft Procurement, Navy, 2001/2003'', $8,600,000;
        ``Weapons Procurement, Navy, 2001/2003'', $20,000,000;
        ``Other Procurement, Navy, 2001/2003'', $7,600,000;
        ``Procurement, Marine Corps, 2001/2003'', $1,000,000;
        ``Aircraft Procurement, Air Force, 2001/2003'', $63,283,000;
        ``Missile Procurement, Air Force, 2001/2003'', $58,450,000;
        ``Procurement of Ammunition, Air Force, 2001/2003'', 
    $5,800,000;
        ``Other Procurement, Air Force, 2001/2003'', $10,200,000;
        ``Procurement, Defense-Wide, 2001/2003'', $113,434,000;
        ``Research, Development, Test and Evaluation, Army, 2001/
    2002'', $6,300,000;
        ``Research, Development, Test and Evaluation, Navy, 2001/
    2002'', $18,800,000;
        ``Research, Development, Test and Evaluation, Air Force, 2001/
    2002'', $69,283,000; and
        ``Research, Development, Test and Evaluation, Defense-Wide, 
    2001/2002'', $780,000.
    Sec. 8055. 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. 8056. 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. 8057. 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. 8058. 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. 8059. During the current fiscal year, none of the funds 
appropriated in this Act may be used to reduce the civilian medical and 
medical support personnel assigned to military treatment facilities 
below the September 30, 2001 level: Provided, That the Service Surgeons 
General may waive this section by certifying to the congressional 
defense committees that the beneficiary population is declining in some 
catchment areas and civilian strength reductions may be consistent with 
responsible resource stewardship and capitation-based budgeting.
    Sec. 8060. (a) Limitation on Pentagon Renovation Costs.--Not later 
than the date each year on which the President submits to Congress the 
budget under section 1105 of title 31, United States Code, the 
Secretary of Defense shall submit to Congress a certification that the 
total cost for the planning, design, construction, and installation of 
equipment for the renovation of wedges 2 through 5 of the Pentagon 
Reservation, cumulatively, will not exceed four times the total cost 
for the planning, design, construction, and installation of equipment 
for the renovation of wedge 1.
    (b) Annual Adjustment.--For purposes of applying the limitation in 
subsection (a), the Secretary shall adjust the cost for the renovation 
of wedge 1 by any increase or decrease in costs attributable to 
economic inflation, based on the most recent economic assumptions 
issued by the Office of Management and Budget for use in preparation of 
the budget of the United States under section 1104 of title 31, United 
States Code.
    (c) Exclusion of Certain Costs.--For purposes of calculating the 
limitation in subsection (a), the total cost for wedges 2 through 5 
shall not include--
        (1) any repair or reconstruction cost incurred as a result of 
    the terrorist attack on the Pentagon that occurred on September 11, 
    2001;
        (2) any increase in costs for wedges 2 through 5 attributable 
    to compliance with new requirements of Federal, State, or local 
    laws; and
        (3) any increase in costs attributable to additional security 
    requirements that the Secretary of Defense considers essential to 
    provide a safe and secure working environment.
    (d) Certification Cost Reports.--As part of the annual 
certification under subsection (a), the Secretary shall report the 
projected cost (as of the time of the certification) for--
        (1) the renovation of each wedge, including the amount adjusted 
    or otherwise excluded for such wedge under the authority of 
    paragraphs (2) and (3) of subsection (c) for the period covered by 
    the certification; and
        (2) the repair and reconstruction of wedges 1 and 2 in response 
    to the terrorist attack on the Pentagon that occurred on September 
    11, 2001.
    (e) Duration of Certification Requirement.--The requirement to make 
an annual certification under subsection (a) shall apply until the 
Secretary certifies to Congress that the renovation of the Pentagon 
Reservation is completed.
    Sec. 8061. 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. 8062. Of the funds made available under the heading 
``Operation and Maintenance, Air Force'', $10,200,000 shall be 
available to realign railroad track on Elmendorf Air Force Base and 
Fort Richardson.
    Sec. 8063. (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. 8064. 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. 8065. None of the funds appropriated by 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. 8066. 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. 8067. 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. 8068. 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. 8069. 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. 8070. None of the funds made available in this or any other 
Act may be used to pay the salary of any officer or employee of the 
Department of Defense who approves or implements the transfer of 
administrative responsibilities or budgetary resources of any program, 
project, or activity financed by this Act to the jurisdiction of 
another Federal agency not financed by this Act without the express 
authorization of Congress: Provided, That this limitation shall not 
apply to transfers of funds expressly provided for in Defense 
Appropriations Acts, or provisions of Acts providing supplemental 
appropriations for the Department of Defense.
    Sec. 8071. 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 the Department of Defense 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. 8072. (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. 8073. 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. 8074. 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. 8075. (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. 8076. 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. 8077. 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. 8078. 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. 8079. 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. 8080. 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. 8081. 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. 8082. (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. 8083. 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. 8084. 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. 8085. 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. 8086. 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. 8087. In addition to the amounts appropriated or otherwise 
made available in this Act, $3,500,000, 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 $3,500,000 to the American Red Cross for Armed Forces 
Emergency Services.
    Sec. 8088. 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. 8089. (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. 8090. 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. 8091. Section 8125 of the Department of Defense Appropriations 
Act, 2001 (Public Law 106-259), is hereby repealed.
    Sec. 8092. Of the funds appropriated in this Act under the heading 
``Research, Development, Test and Evaluation, Navy'', up to $2,600,000 
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. 8093. (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. 8094. 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. 8095. The total amount appropriated in this Act is hereby 
reduced by $240,000,000 to reflect savings from favorable foreign 
currency fluctuations, to be derived as follows:
        ``Military Personnel, Army'', $39,400,000;
        ``Military Personnel, Navy'', $800,000;
        ``Military Personnel, Marine Corps'', $9,900,000;
        ``Military Personnel, Air Force'', $19,500,000;
        ``Operation and Maintenance, Army'', $87,600,000;
        ``Operation and Maintenance, Navy'', $18,300,000;
        ``Operation and Maintenance, Marine Corps'', $1,300,000;
        ``Operation and Maintenance, Air Force'', $33,800,000; and
        ``Operation and Maintenance, Defense-Wide'', $29,400,000.
    Sec. 8096. 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. 8097. The budget of the President for fiscal year 2003 
submitted to the Congress pursuant to section 1105 of title 31, United 
States Code, and each annual budget request thereafter, shall include 
separate budget justification documents for costs of United States 
Armed Forces' participation in contingency operations for the Military 
Personnel accounts, the Overseas Contingency Operations Transfer Fund, 
the Operation and Maintenance accounts, and the Procurement accounts: 
Provided, That these budget justification documents shall include a 
description of the funding requested for each anticipated contingency 
operation, for each military service, to include active duty and Guard 
and Reserve components, and for each appropriation account: Provided 
further, That these documents shall include estimated costs for each 
element of expense or object class, a reconciliation of increases and 
decreases for ongoing contingency operations, and programmatic data 
including, but not limited to troop strength for each active duty and 
Guard and Reserve component, and estimates of the major weapons systems 
deployed in support of each contingency: Provided further, That these 
documents shall include budget exhibits OP-5 and OP-32, as defined in 
the Department of Defense Financial Management Regulation, for the 
Overseas Contingency Operations Transfer Fund for fiscal years 2001 and 
2002.
    Sec. 8098. 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. 8099. 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. 8100. 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. 8101. Notwithstanding any other provision of law, for the 
purpose of establishing all Department of Defense policies governing 
the provision of care provided by and financed under the military 
health care system's case management program under 10 U.S.C. 
1079(a)(17), the term ``custodial care'' shall be defined as care 
designed essentially to assist an individual in meeting the activities 
of daily living and which does not require the supervision of trained 
medical, nursing, paramedical or other specially trained individuals: 
Provided, That the case management program shall provide that members 
and retired members of the military services, and their dependents and 
survivors, have access to all medically necessary health care through 
the health care delivery system of the military services regardless of 
the health care status of the person seeking the health care: Provided 
further, That the case management program shall be the primary obligor 
for payment of medically necessary services and shall not be considered 
as secondarily liable to title XIX of the Social Security Act, other 
welfare programs or charity based care.
    Sec. 8102. Notwithstanding any other provision in this Act, the 
total amount appropriated in this Act is hereby reduced by 
$262,000,000, to reduce cost growth in travel, to be distributed as 
follows:
        ``Operation and Maintenance, Army'', $21,000,000;
        ``Operation and Maintenance, Navy'', $14,000,000;
        ``Operation and Maintenance, Marine Corps'', $4,000,000;
        ``Operation and Maintenance, Air Force'', $180,000,000;
        ``Operation and Maintenance, Defense-wide'', $20,000,000;
        ``Operation and Maintenance, Army Reserve'', $4,000,000;
        ``Operation and Maintenance, Navy Reserve'', $2,000,000;
        ``Operation and Maintenance, Air Force Reserve'', $5,000,000;
        ``Operation and Maintenance, Army National Guard'', $6,000,000; 
    and
        ``Operation and Maintenance, Air National Guard'', $6,000,000.
    Sec. 8103. 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. 8104. (a) Registering Financial Management 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 financial management 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. A financial management information technology 
system shall be considered a mission critical or mission essential 
information technology system as defined by the Under Secretary of 
Defense (Comptroller).
    (b) Certifications as to Compliance With Financial Management 
Modernization Plan.--(1) During the current fiscal year, a financial 
management 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 Under Secretary 
of Defense (Comptroller) certifies, with respect to that milestone, 
that the system is being developed in accordance with the Department's 
Financial Management Modernization Plan. The Under Secretary of Defense 
(Comptroller) 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).
    (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. 8105. 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. 8106. 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. 8107. 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. 8108. 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. 8109. 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. 8110. (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. 8111. In addition to the amounts provided elsewhere in this 
Act, the amount of $8,500,000 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 under 
authority of this section is in addition to any grant provided for 
under any other provision of law.
    Sec. 8112. Of the amounts appropriated in this Act under the 
heading ``Research, Development, Test and Evaluation, Defense-Wide'', 
$131,700,000 shall be made available for the Arrow missile defense 
program: Provided, That of this amount, $97,700,000 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. 8113. 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. 8114. 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. 8115. None of the funds appropriated in this Act under the 
heading ``Overseas Contingency Operations Transfer Fund'' may be 
transferred or obligated for Department of Defense expenses not 
directly related to the conduct of overseas contingencies: Provided, 
That the Secretary of Defense shall submit a report no later than 30 
days after the end of each fiscal quarter to the Committees on 
Appropriations of the Senate and House of Representatives that details 
any transfer of funds from the ``Overseas Contingency Operations 
Transfer Fund'': Provided further, That the report shall explain any 
transfer for the maintenance of real property, pay of civilian 
personnel, base operations support, and weapon, vehicle or equipment 
maintenance.
    Sec. 8116. In addition to amounts appropriated elsewhere in this 
Act, $4,500,000 is hereby appropriated to the Department of Defense: 
Provided, That the Secretary of the Army shall make a grant in the 
amount of $4,500,000 to the Fort Des Moines Memorial Park and Education 
Center.
    Sec. 8117. In addition to amounts appropriated elsewhere in this 
Act, $4,250,000 is hereby appropriated to the Department of Defense: 
Provided, That the Secretary of Defense shall make a grant in the 
amount of $4,250,000 to the National D-Day Museum.
    Sec. 8118. 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. 8119. In addition to amounts provided in this Act, $1,700,000 
is hereby appropriated for ``Defense Health Program'', to remain 
available for obligation until expended: Provided, That notwithstanding 
any other provision of law, these funds shall be available only for a 
grant to the Fisher House Foundation, Inc., only for the construction 
and furnishing of additional Fisher Houses to meet the needs of 
military family members when confronted with the illness or 
hospitalization of an eligible military beneficiary.
    Sec. 8120. (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, 
$2,600,000, 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 $2,600,000 to the Dwight D. 
Eisenhower Memorial Commission for direct administrative support.


                      (including transfer of funds)

    Sec. 8121. In addition to the amounts appropriated elsewhere in 
this Act, $1,700,000, to remain available until expended, is hereby 
appropriated to the Department of Defense: Provided, That not later 
than 30 days after the enactment of this Act, the Secretary of Defense 
shall transfer these funds to the Department of Energy appropriation 
account ``Fossil Energy Research and Development'', only for a proposed 
conceptual design study to examine the feasibility of a zero emissions, 
steam injection process with possible applications for increased power 
generation efficiency, enhanced oil recovery and carbon sequestration.
    Sec. 8122. 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 all affected subcontractors shall mutually resolve the amounts 
claimed for payment by cooperative negotiation, third-party mediation 
or other form of alternative dispute resolution and shall present such 
claims to the Secretary of the Air Force: Provided further, 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. 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. 8123. 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. 8124. Funds appropriated for Operation and Maintenance in 
title II of this Act may be used to complete certain projects for which 
funds have been provided from--
        (1) amounts appropriated for ``Operation and Maintenance, 
    Navy'' in section 110 of the Emergency Supplemental Act, 2000 
    (division B of Public Law 106-246; 114 Stat. 530); or
        (2) amounts appropriated for ``Operation and Maintenance, 
    Navy'' in section 9001(a)(2)(i) of the Department of Defense 
    Appropriations Act, 2001 (Public Law 106-259; 114 Stat. 709).
    Sec. 8125. In addition to amounts provided elsewhere in this Act, 
$17,900,000 is hereby appropriated for the Secretary of Defense, to 
remain available until expended, 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. 8126. 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 $26,700,000 shall be available for recording, adjusting, and 
liquidating obligations for the C-17 aircraft properly chargeable to 
the fiscal year 1998 and 1999 ``Aircraft Procurement, Air Force'' 
account: Provided, That the Secretary of the Air Force shall notify the 
congressional defense committees 30 days prior to obligation of all of 
the specific sources of funds to be used for such purpose.
    Sec. 8127. Notwithstanding any other provision of law, from funds 
appropriated in this or any other Act under the heading, ``Missile 
Procurement, Air Force'', that remain available for obligation, not to 
exceed $50,000,000 shall be available for recording, adjusting, and 
liquidating obligations properly chargeable to fiscal year 1997 and 
1998 ``Missile Procurement, Air Force'' accounts: Provided, That the 
Secretary of the Air Force shall notify the congressional defense 
committees 30 days prior to obligation of all of the specific sources 
of funds to be used for such purpose.
    Sec. 8128. 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.


                      (including transfer of funds)

    Sec. 8129. Of the amounts appropriated in this Act under the 
heading, ``Shipbuilding and Conversion, Navy'', $729,248,000 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, $169,364,000;
            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, $35,200,000;
            Under the heading, ``Shipbuilding and Conversion, Navy, 
        1998/2002'':
                NSSN Program, $166,561,000;
                DDG-51 Destroyer Program, $108,457,000;
            Under the heading, ``Shipbuilding and Conversion, Navy, 
        1999/2002'':
                NSSN Program, $60,429,000.
            Under the heading, ``Shipbuilding and Conversion, Navy, 
        2001/2005'':
                Submarine Refuelings, $16,248,000.


                           (TRANSFER OF FUNDS)

    Sec. 8130. 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 purpose 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.


                      (including transfer of funds)

    Sec. 8131. Of the funds appropriated by this Act under the heading, 
``Operation and Maintenance, Navy'', $56,000,000 shall remain available 
until expended, only for costs associated with the stabilization, 
return, refitting, necessary force protection upgrades, and repair of 
the U.S.S. COLE: Provided, That the Secretary of Defense may transfer 
these funds to appropriations accounts for procurement and that the 
funds transferred shall be merged with and shall be available for the 
same purposes and for the same time period as the appropriation to 
which transferred: Provided further, That the transfer authority 
provided in this section is in addition to any other transfer authority 
available to the Department of Defense.
    Sec. 8132. (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. 8133. 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 U.S.S. 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. 8134. Notwithstanding section 229(a) of the Social Security 
Act, no wages shall be deemed to have been paid to any individual 
pursuant to that section in any calendar year after 2001.
    Sec. 8135. The total amount appropriated in this Act is hereby 
reduced by $105,000,000 to reflect fact-of-life changes in utilities 
costs, to be derived as follows:
        ``Operation and Maintenance, Army'', $34,700,000;
        ``Operation and Maintenance, Navy'', $8,800,000;
        ``Operation and Maintenance, Marine Corps'', $7,200,000;
        ``Operation and Maintenance, Air Force'', $28,800,000;
        ``Operation and Maintenance, Defense-Wide'', $4,500,000;
        ``Operation and Maintenance, Army Reserve'', $2,700,000;
        ``Operation and Maintenance, Army National Guard'', $2,700,000;
        ``Operation and Maintenance, Air National Guard'', $3,400,000;
        ``Defense Working Capital Funds'', $7,100,000; and
        ``Defense Health Program'', $5,100,000.
    Sec. 8136. (a) Of the total amount appropriated for ``Operation and 
Maintenance, Air Force'', $2,100,000, to remain available until 
expended, shall be available to the Secretary of the Air Force only for 
the purpose of making a grant in the amount of $2,100,000 to the 
Lafayette Escadrille Memorial Foundation, Inc., to be used to perform 
the repair, restoration, and preservation of the structure, plaza, and 
surrounding grounds of the Lafayette Escadrille Memorial in Marnes la-
Coguette, France.
    (b) The Secretary shall require as a condition of the grant--
        (1) that the funds provided through the grant be used only for 
    costs associated with such repair, restoration, and preservation; 
    and
        (2) that none of those funds may be used for remuneration of 
    any entity or individual associated with fund raising for the 
    project to carry out such repair, restoration, and preservation.
    Sec. 8137. (a) Designation of National Memorial.--The five-foot-
tall white cross first erected by the Veterans of Foreign Wars of the 
United States in 1934 along Cima Road in San Bernardino County, 
California, and now located within the boundary of the Mojave National 
Preserve, as well as a limited amount of adjoining Preserve property to 
be designated by the Secretary of the Interior, is hereby designated as 
a national memorial commemorating United States participation in World 
War I and honoring the American veterans of that war.
    (b) Legal Description.--The memorial cross referred to in 
subsection (a) is located at latitude 35.316 North and longitude 
115.548 West. The exact acreage and legal description of the property 
to be included by the Secretary of the Interior in the national World 
War I memorial shall be determined by a survey prepared by the 
Secretary.
    (c) Reinstallation of Memorial Plaque.--The Secretary of the 
Interior shall use not more than $10,000 of funds available for the 
administration of the Mojave National Preserve to acquire a replica of 
the original memorial plaque and cross placed at the national World War 
I memorial designated by subsection (a) and to install the plaque in a 
suitable location on the grounds of the memorial.
    Sec. 8138. In addition to the amounts provided elsewhere in this 
Act, the amount of $4,200,000 is hereby appropriated to the Department 
of Defense for ``Operation and Maintenance, Navy''. Such amount shall 
be used by the Secretary of the Navy only to make a grant in the amount 
of $4,200,000 to the U.S.S. Alabama Battleship Foundation, a nonprofit 
organization established under the laws of the State of Alabama, to be 
available only for the preservation of the former U.S.S. ALABAMA (ex 
BB-60) as a museum and memorial.
    Sec. 8139. In addition to the amounts provided elsewhere in this 
Act, the amount of $4,250,000 is hereby appropriated to the Department 
of Defense for ``Operation and Maintenance, Navy''. Such amount shall 
be used by the Secretary of the Navy only to make a grant in the amount 
of $4,250,000 to the Intrepid Sea-Air-Space Foundation only for the 
preservation of the former U.S.S. INTREPID (CV 11) as a museum and 
memorial.
    Sec. 8140. In addition to the amounts provided elsewhere in this 
Act, the amount of $6,000,000 is hereby appropriated to the Department 
of Defense for ``Operation and Maintenance, Air Force''. Such amount 
shall be used by the Secretary of the Air Force only to make a grant in 
the amount of $6,000,000 to the Medical Lake School District, 
Washington State school district number 326, for relocation of the 
Fairchild Air Force Base Elementary School within the boundary of 
Fairchild Air Force Base, Washington.
    Sec. 8141. In addition to the amounts provided elsewhere in this 
Act, the amount of $3,500,000 is hereby appropriated to the Department 
of Defense for ``Operation and Maintenance, Navy''. Such amount shall 
be used by the Secretary of the Navy only to make a grant in the amount 
of $3,500,000 to the Central Kitsap School District, Washington State 
school district number 401, for the purchase and installation of 
equipment for a special needs learning center to meet the needs of 
Department of Defense special needs students at Submarine Base Bangor, 
Washington.
    Sec. 8142. (a) In addition to amounts provided elsewhere in this 
Act, the amount of $8,500,000 is hereby appropriated for ``Operation 
and Maintenance, Defense-Wide'', to be available to the Secretary of 
Defense only for the purpose of making a grant for the purpose 
specified in section 8156 of the Department of Defense Appropriations 
Act, 2001 (Public Law 106-259; 114 Stat. 707), as amended by subsection 
(b). Such grant shall be made not later than 90 days after the date of 
the enactment of this Act.
    (b) Section 8156 of the Department of Defense Appropriations Act, 
2001 (Public Law 106-259; 114 Stat. 707), is amended by striking the 
comma after ``California'' the first place it appears and all that 
follows through ``96-8867)''.
    Sec. 8143. (a) Activities Under Formerly Utilized Sites Remedial 
Action Program.--Subject to subsections (b) through (e) of section 611 
of Public Law 106-60 (113 Stat. 502; 10 U.S.C. 2701 note), the 
Secretary of the Army, acting through the Chief of Engineers, under the 
Formerly Utilized Sites Remedial Action Program shall undertake the 
functions and activities specified in subsection (a) of such section in 
order to--
        (1) clean up radioactive contamination at the Shpack Landfill 
    site located in Norton and Attleboro, Massachusetts; and
        (2) clean up radioactive waste at the Shallow Land Disposal 
    Area located in Parks Township, Armstrong County, Pennsylvania, 
    consistent with the Memorandum of Understanding Between the United 
    States Nuclear Regulatory Commission and the United States Army 
    Corps of Engineers for Coordination on Cleanup and Decommissioning 
    of the Formerly Utilized Sites Remedial Action Program (FUSRAP) 
    Sites with NRC-Licensed Facilities, dated July 5, 2001.
    (b) Special Rules Regarding Shallow Land Disposal Area.--The 
Secretary of the Army shall seek to recover response costs incurred by 
the Army Corps of Engineers for cleanup of the Shallow Land Disposal 
Area from appropriate responsible parties in accordance with the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980 (42 U.S.C. 9601 et seq.). The Secretary of the Army and the 
Corps of Engineers shall not, by virtue of this cleanup, become liable 
for the actions or omissions of past, current, or future licensees, 
owners, or operators of the Shallow Land Disposal Area.
    (c) Funding Sources.--Amounts appropriated to the Army Corps of 
Engineers for fiscal year 2001 and subsequent fiscal years and 
available for the Formerly Utilized Sites Remedial Action Program shall 
be available to carry out this section.
    Sec. 8144. In addition to amounts otherwise appropriated or made 
available by this Act, $3,000,000 is appropriated to the Secretary of 
the Air Force and shall be used by the Secretary to reestablish the 
Tethered Aerostat Radar System at Morgan City, Louisiana, previously 
used by the Air Force in maritime, air, and land counter-drug detection 
and monitoring. Of the amounts appropriated or otherwise made available 
for operation and maintenance for the Air Force, the Secretary shall 
use $3,000,000 to operate such Tethered Aerostat Radar System upon its 
reestablishment.
    Sec. 8145. The $100,000 limitation established by section 8046 in 
Public Law 106-79 and section 8043 of Public Law 106-259, shall not 
apply to amounts appropriated in that Act under the heading ``Operation 
and Maintenance, Defense-Wide'' for expenses related to certain 
classified activities associated with foreign material.
    Sec. 8146. The total amount appropriated in this Act for Operation 
and Maintenance is hereby reduced by $100,000,000, to reflect savings 
attributable to improved supervision in determining appropriate 
purchases to be made using the Government purchase card, to be derived 
as follows:
        ``Operation and Maintenance, Army'', $37,000,000;
        ``Operation and Maintenance, Navy'', $29,000,000;
        ``Operation and Maintenance, Marine Corps'', $3,000,000;
        ``Operation and Maintenance, Air Force'', $24,000,000; and
        ``Operation and Maintenance, Defense-Wide'', $7,000,000.
    Sec. 8147. The Secretary of Defense and the Secretary of Veterans 
Affairs shall jointly conduct a comprehensive assessment that 
identifies and evaluates changes to Department of Defense and 
Department of Veterans Affairs health care delivery policies, methods, 
practices, and procedures in order to provide improved health care 
services at reduced costs to the taxpayer. This assessment shall 
include a detailed independent review, based on a statement of work 
authored by the Secretaries of both departments, of options to 
collocate or share facilities and care providers in areas where 
duplication and excess capacity may exist, optimize economies of scale 
through joint procurement of supplies and services, institute 
cooperative service agreements, and partially or fully integrate DOD 
and VA systems providing telehealth services, computerized patient 
records, provider credentialing, surgical quality assessment, 
rehabilitation services, administrative services, and centers of 
excellence for specialized health care services. The Secretaries shall 
jointly transmit a report to Congress by no later than March 1, 2002, 
explaining the findings and conclusions of this assessment, including 
detailed estimates of the costs, cost savings, and service benefits of 
each recommendation, and making legislative and administrative 
recommendations to implement the results of this effort: Provided, That 
of the funds provided under the heading ``Defense Health Program'' 
$2,500,000 shall be made available only for the purpose of conducting 
the assessment described in this section.
    Sec. 8148. (a) Notwithstanding any other provision of law, 
operation and maintenance funds provided in this Act may be used for 
the purchase of ultralightweight camouflage net systems as unit spares 
in order to modernize the current inventory of camouflage screens to 
state-of-the-art protection standards more quickly than would otherwise 
be the case.
    (b) The authority provided by subsection (a) may not be used until 
the Secretary of the Army submits to the congressional defense 
committees a report certifying that, compared to the current system 
that can be purchased with Army Operation and Maintenance funds, the 
ultralightweight camouflage net system--
        (1) is technically superior against multi-spectral threat 
    sensors;
        (2) is less costly per unit; and
        (3) provides improved overall force protection.
    Sec. 8149. Army Acquisition Management. (a) Funding Reduction.--The 
amount appropriated in this Act for ``Operation and Maintenance, Army'' 
is hereby reduced by $5,000,000 to reflect efficiencies in Army 
acquisition management practices.
    (b) Report to Congress on Army Reorganization.--The Secretary of 
the Army shall submit a report to the congressional defense committees 
no later than April 15, 2002 providing a detailed explanation of the 
final plans for realigning Army requirements generation, acquisition, 
resource management, and Departmental headquarters functions and 
systems. Such report shall include an independent assessment of the 
Army plan by the Center for Naval Analyses. Such report shall also 
include an analysis of the annual budget and personnel savings derived 
from this reorganization plan by major function compared to the fiscal 
year 2001 baseline for fiscal years 2002 through 2008.
    Sec. 8150. (a) Non-Profit Army Venture Capital Corporation.--Of the 
funds made available for ``Research, Development, Test and Evaluation, 
Army'', $25,000,000 shall be available to the Secretary of the Army 
only for the purpose of funding a venture capital investment 
corporation established pursuant to section 2371 of title 10 United 
States Code, to be derived as specified in subsection (b).
    (b) Funding.--The amount specified in subsection (a) shall be 
derived by reducing, on a pro rata basis, amounts made available to the 
Army for basic research and applied research, except for amounts for 
research projects designated as congressional special interest items 
and amounts available to the Army for research, development, test, and 
evaluation relating to the Future Combat System.
    Sec. 8151. Notwithstanding any other provision of law or 
regulation, the Secretary of Defense may exercise the provisions of 38 
U.S.C. 7403(g) for occupations listed in 38 U.S.C. 7403(a)(2) as well 
as the following:
        Pharmacists, Audiologists, and Dental Hygienists.
            (A) The requirements of 38 U.S.C. 7403(g)(1)(A) shall 
        apply.
            (B) The limitations of 38 U.S.C. 7403(g)(1)(B) shall not 
        apply.
    Sec. 8152. (a) The Secretary of Defense may waive any requirement 
that the fiscal year 2001 Department of Defense financial statement 
include the accounts and associated activities of the Department of the 
Army and the Department of the Navy, to the extent that the Secretary 
determines necessary due to the effects of the terrorist attack on the 
Pentagon of September 11, 2001.
    (b) If any accounts and associated activities of the Department of 
the Army or the Department of the Navy are excluded from the fiscal 
year 2001 Department of Defense financial statement pursuant to 
subsection (a), the Secretary of Defense shall, as soon as practicable 
after March 1, 2002, prepare and submit to the Director of the Office 
of Management and Budget, a revised audited financial statement for 
fiscal year 2001 that includes all such accounts and activities.
    (c) For purposes of this section, the term ``fiscal year 2001 
Department of Defense financial statement'' means the audited financial 
statement of the Department of Defense for fiscal year 2001 required by 
section 3515 of title 31, United States Code, to be submitted to the 
Director of the Office of Management and Budget not later than March 1, 
2002.
    Sec. 8153. Notwithstanding any other provision of this Act, the 
Secretary of the Air Force may enter into a multiyear contract, or 
extend an existing multiyear contract, for the C-17 aircraft: Provided, 
That the authority to enter into such a contract (or contract 
extension) may not be exercised until a period of not less than 30 days 
has elapsed after the date of the submission of a report under 
paragraph (4) of section 2306b(l) of title 10, United States Code: 
Provided further, That the authorities provided in this section shall 
not be available until the Secretary of Defense submits to the 
congressional defense committees a certification that the applicable 
requirements under section 2306b of title 10, United States Code, and 
section 8008 of this Act with respect to such a contract (or contract 
extension) have been met.
    Sec. 8154. Notwithstanding any other provision of law, of the funds 
appropriated in this Act under the heading ``Operation and Maintenance, 
Defense-Wide'', $1,450,000, to remain available until expended, is 
provided only for payment of any expenses incurred after April 1, 2002 
of the Commission on the Future of the United States Aerospace Industry 
pursuant to section 1092(e)(1) of the Floyd D. Spence National Defense 
Authorization Act for Fiscal Year 2001 (as enacted by Public Law 106-
398; 114 Stat. 165A-215).
    Sec. 8155. Of the funds appropriated in this Act under the heading 
``Operation and Maintenance, Defense-Wide'', $1,000,000, to remain 
available until expended, shall be made available to the Secretary of 
Defense, notwithstanding any other provision of law, only for a grant 
or grants to the Somerset County Board of Commissioners (in the 
Commonwealth of Pennsylvania), to design and construct a memorial 
(including operating and maintenance expenses for appropriate security 
measures to protect the site) at the airplane crash site in Somerset 
County, Pennsylvania honoring the brave men, women, and children who 
perished following a valiant struggle with terrorists aboard United 
Airlines Flight 93 on September 11, 2001.
    Sec. 8156. (a) Findings.--The Congress finds that--
        (1) in times when our national security is threatened by 
    possible attacks from foreign and domestic enemies, it is necessary 
    that the United States have a sufficient supply of certain products 
    that are essential for defending this Nation; and
        (2) it has been the consistent intent of Congress that the 
    Department of Defense, when purchasing items to support the Armed 
    Forces, choose items that are wholly of domestic content and 
    manufacture, especially items identified as essential to our 
    national defense.
    (b) Sense of Congress.--It is the sense of Congress that--
        (1) it is vital that the United States maintain a domestic 
    manufacturing base for certain products necessary to national 
    security, so that our Nation does not become reliant on foreign 
    sources for such products and thereby vulnerable to disruptions in 
    international trade; and
        (2) in cases where such domestic manufacturing base is 
    threatened, the United States should take action to preserve such 
    manufacturing base.
    Sec. 8157. (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 6 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. 8158. 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 
Citadel for the Padgett Thomas Barracks in Charleston, South Carolina.
    Sec. 8159. 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 and make payments on a multi-year 
pilot program for leasing general purpose Boeing 767 aircraft and 
Boeing 737 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 1 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 100 Boeing 767 aircraft and 4 Boeing 737 
aircraft for the purposes specified herein.
    Sec. 8160. 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, $2,200,000 
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. 8161. From funds made available under title II of this Act, 
the Secretary of the Army may make available a grant of $2,100,000 to 
the Chicago Park District for renovation of the Broadway Armory, a 
former National Guard facility in the Edgewater community in Chicago.
    Sec. 8162. 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. 8163. In addition to the amounts appropriated or otherwise 
made available in this Act, $5,200,000, 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 $5,200,000 to the Armed Forces Retirement Homes.
    Sec. 8164. (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. 8165. Of the amount appropriated by title II for operation and 
maintenance, Defense-wide, $47,261,000 may be available for the Defense 
Leadership and Management Program.
    Sec. 8166. Sense of the Congress Regarding Environmental 
Contamination in the Philippines. It is the sense of the Congress 
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. 8167. (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. 8168. 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. 8169. Of the total amount appropriated by this division for 
``Operation and Maintenance, Defense-Wide'', $3,500,000 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. 8170. 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. 8171. 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 5-year 
budget that will be required to fully fund such programs.
    Sec. 8172. (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. 8173. None of the funds made available in division A of this 
Act may be used to provide support or other assistance to the 
International Criminal Court or to any criminal investigation or other 
prosecutorial activity of the International Criminal Court.

                                TITLE IX

   COUNTER-TERRORISM AND DEFENSE AGAINST WEAPONS OF MASS DESTRUCTION

        Counter-Terrorism and Operational Response Transfer Fund


                      (INCLUDING TRANSFER OF FUNDS)

    For protection against terrorist attacks that might employ either 
conventional means or weapons of mass destruction, and to prepare 
against the consequences of such attacks; to deny unauthorized users 
the opportunity to modify, steal, inappropriately disclose, or destroy 
sensitive military data or networks; and to accelerate improvements in 
information networks and operations, $478,000,000: Provided, That of 
the amounts made available under this heading, $333,000,000 is 
available only for improving force protection and chemical and 
biological defense capabilities of the Department of Defense, and 
improving capabilities to respond to attacks using weapons of mass 
destruction: Provided further, That $70,000,000 is available only for 
improving the effectiveness of Department of Defense capabilities in 
the areas of information assurance and critical infrastructure 
protection, and information operations; and $75,000,000 is available 
only to develop and demonstrate systems to protect against 
unconventional nuclear threats: Provided further, That in order to 
carry out the specified purposes under this heading, funds made 
available under this heading may be transferred to any appropriation 
account otherwise enacted by this Act: Provided further, That the funds 
transferred shall be merged with and shall be available for the same 
purposes and for the same time period as the appropriation to which 
transferred: Provided further, That the transfer authority provided 
under this heading is in addition to any other transfer authority 
available to the Department of Defense: Provided further, That within 
90 days of enactment of this Act, the Secretary of Defense shall 
provide to the Congress a report specifying the projects and accounts 
to which funds provided under this heading are to be transferred.

                  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, $403,000,000, to remain available until September 30, 2004: 
Provided, That of the amounts provided under this heading, $12,750,000 
shall be available only to support the dismantling and disposal of 
nuclear submarines and submarine reactor components in the Russian Far 
East.
    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'', 
$40,000,000, 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.

               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'', 
$105,000,000, 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 to and merged with the Agricultural 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 in the manner 
and under the formula the Secretary deems necessary to respond to the 
effects of unemployment and other conditions, 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'', 
$151,100,000, to remain available until expended, to be obligated from 
amounts made available in Public Law 107-38.

                           INDEPENDENT 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'', $16,900,000, to remain available until expended, to be 
obligated from amounts made available in Public Law 107-38.

                    GENERAL PROVISIONS, THIS CHAPTER

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

                               CHAPTER 2

                         DEPARTMENT OF JUSTICE

                         General Administration


                        USA PATRIOT ACT ACTIVITIES

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Patriot Act Activities'', 
$5,000,000, to remain available until expended, to be obligated from 
amounts made available in Public Law 107-38, of which up to $2,000,000 
may be available for a feasibility report, as authorized by section 405 
of Public Law 107-56: 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'', $12,500,000, to remain available until 
expended, to be obligated from amounts made available in Public Law 
107-38.


              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'', $56,370,000, 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'', $10,200,000, to remain available 
until expended, to be obligated from amounts made available in Public 
Law 107-38, of which $5,000,000 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'', 
$9,125,000, 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'', 
$745,000,000, to remain available until expended, to be obligated from 
amounts made available in Public Law 107-38.

                 Immigration and Naturalization Service


                          salaries and expenses

                      enforcement and border affairs

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Salaries and Expenses'', 
$449,800,000, 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'', 
$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, $251,100,000 shall be for 
discretionary grants, including equipment, under the Edward Byrne 
Memorial State and Local Law Enforcement Assistance Program, to remain 
available until expended, 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'', $1,000,000, 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.

       National Telecommunications and Information Administration


     public telecommunications facilities, planning and construction

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Public Telecommunications 
Facilities, Planning and Construction'', $8,250,000, to remain 
available until expended, to be obligated from amounts made available 
in Public Law 107-38: Provided, That matching requirements set forth in 
section 392(b) of the Communications Act of 1934, as amended, shall not 
apply to funds provided in this Act.

               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'', 
$1,500,000, 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'', $5,000,000 for a cyber security initiative, to 
remain available until expended, to be obligated from amounts made 
available in Public Law 107-38.


                   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'', 
$4,776,000, 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 Building and Grounds

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Care of the Building 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.

    Courts 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.

                 DEPARTMENT OF STATE AND RELATED AGENCY

                             RELATED AGENCY

                    Broadcasting Board of Governors


                  international broadcasting operations

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``International 
Broadcasting Operations'', $9,200,000, to remain available until 
expended, to be obligated from amounts made available in Public Law 
107-38.


                    broadcasting capital improvements

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

                            RELATED AGENCIES

                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 the cost of loan subsidies and for loan 
modifications as authorized by section 203 of this Act, 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, 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 the cost of loan subsidies and for loan 
modifications as authorized by section 202 of this Act, 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, to remain available until 
expended, to be obligated from amounts made available in Public Law 
107-38.

                    GENERAL PROVISIONS--THIS CHAPTER

    Sec. 201. Funds appropriated by this Act for the Broadcasting Board 
of Governors and the Department of State may be obligated and expended 
notwithstanding section 313 of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995, and section 15 of the State Department 
Basic Authorities Act of 1956, as amended.
    Sec. 202. 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 1 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 2-year period following the 
    issuance of such disaster loan.
    Sec. 203. 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 1 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. 204. 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 5 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. 205. 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).''.
    Sec. 206. 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. 207. 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. 208. 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)''.

                               CHAPTER 3

                    DEPARTMENT OF DEFENSE--MILITARY

                       OPERATION AND MAINTENANCE

                    Defense Emergency Response Fund


                      (including transfer of funds)

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Defense Emergency 
Response Fund'', $3,395,600,000, to remain available until expended, to 
be obligated from amounts made available in Public Law 107-38, as 
follows:
        (1) For increased situational awareness, $850,000,000;
        (2) For increased worldwide posture, $1,495,000,000;
        (3) For offensive counterterrorism, $372,000,000;
        (4) For initial crisis response, $39,100,000;
        (5) For the Pentagon Reservation Maintenance Revolving Fund, 
    $475,000,000;
        (6) For relocation costs and other purposes, $164,500,000: 
    Provided, That $500,000 shall be made available only for the White 
    House Commission on the National Moment of Remembrance:
Provided further, That from unobligated balances under the heading 
``Former Soviet Union Threat Reduction'', $30,000,000 shall be 
transferred to ``Department of State, Nonproliferation, Anti-terrorism, 
Demining, and Related Programs'' only for the purpose of supporting 
expansion of the Biological Weapons Redirect and International Science 
and Technology Centers programs, to prevent former Soviet biological 
weapons experts from emigrating to proliferant states and to 
reconfigure former Soviet biological weapons production facilities for 
peaceful uses.

                    GENERAL PROVISIONS--THIS CHAPTER


                      (including transfer of funds)

    Sec. 301. Amounts available in the ``Defense Emergency Response 
Fund'' (the ``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, including 
activities of the National Foreign Intelligence Program funded in 
defense appropriations acts, only for costs incurred for such purposes 
on or after September 11, 2001: Provided further, That the Fund may be 
used to liquidate obligations incurred by the Department of Defense 
under the authorities in section 3732 of the Revised Statutes (41 
U.S.C. 11; popularly known as the ``Food and Forage Act'') for any 
costs incurred for such purposes between September 11 and September 30, 
2001: Provided further, That the Secretary of Defense may transfer to 
the Fund amounts from any current appropriation made available in 
defense appropriations acts, only for the purpose of adjusting and 
liquidating obligations properly chargeable to the Fund: Provided 
further, That the authority granted in the preceding proviso shall only 
be exercised after the Secretary of Defense makes a determination that 
amounts in the Fund are insufficient to liquidate obligations made 
using appropriations in the Fund, and not prior to 30 days after 
notifying the congressional defense committees in writing regarding 
each proposed transfer of funds: Provided further, That in order to 
carry out the specified purposes under this heading, the Secretary of 
Defense may transfer funds from the Fund to any defense appropriation 
account enacted in appropriations acts, including ``Support for 
International Sporting Competitions, Defense'': Provided further, That 
the funds transferred shall be merged with and shall be available for 
the same purposes and for the same time period as the appropriation to 
which transferred: Provided further, That the transfer authority 
provided under this heading is in addition to any other transfer 
authority available to the Department of Defense: Provided further, 
That within 30 days of enactment of this Act, and quarterly thereafter, 
the Secretary of Defense and the Director of Central Intelligence shall 
each provide to the Congress a report (in unclassified and classified 
form, as needed) specifying the projects and accounts to which funds 
provided in this chapter are to be transferred.
    Sec. 302. Amounts in the appropriation account ``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): Provided, That 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).
    Sec. 304. Notwithstanding any other provision of law, of the 
amounts appropriated in Public Law 107-38 which remained available in 
the Defense Emergency Response Fund on December 18, 2001, not to exceed 
$100,000,000 may be available for payments to Pakistan and Jordan for 
logistical and military support provided, or to be provided, to United 
States military operations in connection with Operation Enduring 
Freedom: Provided, That such payments may be made in amounts as the 
Secretary may determine in his discretion, and such determination is 
final and conclusive upon the accounting officers of the United States.


                      (including Transfer of Funds)

    Sec. 305. (a) During the current fiscal year, $475,000,000 of 
appropriations provided in this Act shall be transferred to the 
Pentagon Reservation Maintenance Revolving Fund only to reconstruct the 
Pentagon Reservation and for related activities as a result of the 
events of September 11, 2001.
    (b) In addition to the amounts provided in subsection (a) or 
otherwise appropriated in this Act, out of funds appropriated by Public 
Law 107-38 but not subject to subsequent enactment, not subject to the 
restrictions of the fifth proviso of that Act, and not transferred 
before December 18, 2001, the amount of $300,000,000 is transferred to 
the Pentagon Reservation Maintenance Revolving Fund only to finance 
accelerated building renovation activities for military command centers 
and related activities at the Pentagon Reservation in order to 
accelerate completion of the currently planned Pentagon renovation 
project by up to 4 years: Provided, That notwithstanding any other 
provision of law, funds allocated and transferred under this section 
shall be made available until expended: Provided further, That the cost 
to accelerate renovation activities for military command centers and 
related activities at the Pentagon Reservation shall not be included in 
any cost cap applicable to the Pentagon renovation: Provided further, 
That the transfer authority provided under this section is in addition 
to any other transfer authority available to the Department of Defense.


                           (transfer of funds)

    Sec. 306. Notwithstanding any other provision of law or this Act, 
of the funds unobligated in all fiscal year 2002 appropriations 
accounts in titles III and IV of division A of this Act, up to 1\1/2\ 
percent of these funds shall be available for transfer to the Operation 
and Maintenance accounts of the Department of Defense for such costs 
incurred in support of Operations Enduring Freedom and Noble Anvil: 
Provided, That the Secretary of Defense shall notify the Committees on 
Appropriations of the House and Senate of transfers made pursuant to 
this section not later than 15 days after any such transfer is made: 
Provided further, That the transfer authority provided under this 
section is in addition to any other transfer authority available to the 
Department of Defense: Provided further, That the transfer authority 
available under this section may be utilized only after all other funds 
made available to the Department of Defense pursuant to Public Law 107-
38 have been obligated: Provided further, That no congressional 
interest item may be reduced for the purposes of this section: Provided 
further, That such authority to transfer shall expire on April 30, 
2002.
    Sec. 307. During fiscal year 2002 the President, acting by and with 
the consent of the Senate, is authorized to appoint a commissioned 
officer of the Armed Forces, in active status, to the Office of Deputy 
Administrator of the National Aeronautics and Space Administration 
notwithstanding section 202(b) of the National Aeronautics and Space 
Act of 1958 (42 U.S.C. 2472(b)). If so appointed, the provisions of 
section 403(c)(3), (4), and (5) of title 50, United States Code, shall 
be applicable while the commissioned officer serves as Deputy 
Administrator in the same manner and extent as if the officer was 
serving in a position specified in section 403(c) of title 50, United 
States Code, except that the officer's military pay and allowances 
shall be reimbursed from funds available to the National Aeronautics 
and Space Administration.

                               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, $45,494,000, 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 local, 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, 
$9,949,000, 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, $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, and $750,000 is for the Division of Transportation.

  Federal Payment to the District of Columbia for Increased Facility 
                                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 is for the public schools, and $7,061,000 is 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, $2,200,000 shall be for completion of the fiber optic 
network project, $15,000,000 shall be for a chemical emergency sensor 
program, 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.

                       DISTRICT OF COLUMBIA FUNDS

                          Division of Expenses

    The following amounts are appropriated for the District of Columbia 
for the current fiscal year out of the general fund of the District of 
Columbia and shall remain available until September 30, 2003.
    For Protective Clothing and Breathing Apparatus, 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.
    For Specialized Hazardous Materials Equipment, to remain available 
until September 30, 2003, $1,032,000, for the Fire and Emergency 
Medical Services Department.
    For Chemical and Biological Weapons Preparedness, 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.
    For Pharmaceuticals for Responders, to remain available until 
September 30, 2003, $2,100,000, for the Department of Health.
    For Response and Communications capability, 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.
    For search, rescue and other emergency equipment and support, to 
remain available until September 30, 2003, $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.
    For equipment, supplies and vehicles, to remain available until 
September 30, 2003, for the Office of the Chief Medical Examiner, 
$1,780,000.
    For hospital containment facilities, to remain available until 
September 30, 2003, for the Department of Health, $8,000,000.
    For the Office of the Chief Technology Officer, to remain available 
until September 30, 2003, $45,494,000 is 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 local, 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.
    For emergency traffic management, to remain available until 
September 30, 2003, $20,700,000 is 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.
    For training and planning, to remain available until September 30, 
2003, $9,949,000, 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, $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, and $750,000 is for the Division of Transportation.
    For increased facility security, to remain available until 
September 30, 2003, $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.

                    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, 
the Chief Financial Officer of the Washington Metropolitan Area Transit 
Authority and the Executive Director of the Metropolitan Washington 
Council of Governments 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.
    Sec. 403. Notwithstanding any other provision of law, all amounts 
under this chapter shall be apportioned quarterly by the Office of 
Management and Budget: Provided, That all such funds shall be made 
available no later than September 30, 2002.
    Sec. 404. In the Fiscal Year 2002 District of Columbia 
Appropriations Act under the heading ``Administrative Provisions, 
Payments for Representation of Indigents'' under subsection (c), strike 
all after ``March 1, 2002.'' through ```3600'.''.

                               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 
increase the security of the Nation's nuclear weapons complex, for 
``Defense Nuclear Nonproliferation'', $226,000,000, to remain available 
until expended, to be obligated from amounts made available in Public 
Law 107-38.

               ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES

         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.

                        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.

                           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. 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),''.
    Sec. 504. 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)'', 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. 505. (a) Occoquan River, Virginia.--The project for 
navigation, Occoquan Creek, Virginia, authorized by the first section 
of the Act entitled ``An Act making appropriations for the 
construction, repair, and preservation of certain public works on 
rivers and harbors, and for other purposes'', approved September 19, 
1890 (26 Stat. 440), is modified to direct the Secretary of the Army--
        (1) to deepen the project to a depth of 9 feet; and
        (2) to widen the project between Channel Marker Number 2 and 
    the bridge at United States Route 1 to a width of 200 feet.
    (b) Availability of Funds.--Amounts appropriated to carry out the 
project referred to in subsection (a) by the Energy and Water 
Development Appropriations Act, 2001 (as enacted into law by Public Law 
106-377), shall be made available to carry out the modifications to the 
project under subsection (a).
    (c) Project Redesignation.--
        (1) In general.--The project referred to in subsection (a) 
    shall be known and designated as the ``project for navigation, 
    Occoquan River, Virginia''.
        (2) References.--Any reference in a law, map, regulation, 
    document, paper, or other record of the United States to the 
    project referred to in subsection (a) shall be deemed to be a 
    reference to the ``project for navigation, Occoquan River, 
    Virginia''.

                               CHAPTER 6

                     Bilateral Economic Assistance

                  Funds Appropriated to the President

           United States Agency for International Development


                    International Disaster Assistance

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

                               CHAPTER 7

                       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 the ``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: Provided, That 
notwithstanding any other provision of law, single but separate 
procurements for the construction of security improvements at the 
Washington Monument, for security improvements at the Lincoln Memorial, 
and for security improvements at the Jefferson Memorial, may be issued 
that include the full scope of each project, except that each 
solicitation and contract shall contain the clause ``availability of 
funds'' found at section 52.232.18 of title 48, Code of Federal 
Regulations.

                          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.

                         OTHER 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'' of 
the Smithsonian Institution, $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'' of 
the National Gallery of Art, $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'' of the John F. Kennedy Center for the Performing Arts, 
$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'' of 
the National Capital Planning Commission, $758,000, to be obligated 
from amounts made available in Public Law 107-38.

                    GENERAL PROVISIONS, THIS CHAPTER

    Sec. 701. (a) In General.--The Secretary of the Smithsonian 
Institution shall 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. 702. 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.''.

                               CHAPTER 8

                          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.

                        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'', $2,504,314,000, to remain available until expended, to be 
obligated from amounts made available in Public Law 107-38. Of this 
amount, $865,000,000 shall be for the Centers for Disease Control and 
Prevention for improving State and local capacity; $135,000,000 shall 
be for grants to improve hospital capacity to respond to bioterrorism; 
$100,000,000 shall be for upgrading capacity at the Centers for Disease 
Control and Prevention, including research: Provided, That up to 
$10,000,000 of this amount shall be for the tracking and control of 
biological pathogens; $85,000,000 shall be for the National Institute 
of Allergy and Infectious Diseases for bioterrorism-related research 
and development and other related needs; $70,000,000 shall be for the 
National Institute of Allergy and Infectious Diseases for the 
construction of a biosafety laboratory and related infrastructure 
costs; $593,000,000 shall be for the National Pharmaceutical Stockpile; 
$512,000,000 shall be for the purchase of smallpox vaccine; $71,000,000 
shall be for improving laboratory security at the National Institutes 
of Health and the Centers for Disease Control and Prevention; 
$7,500,000 shall be for environmental hazard control activities 
conducted by the Centers for Disease Control and Prevention; 
$10,000,000 shall be for the Substance Abuse and Mental Health Services 
Administration; and $55,814,000 shall be for bioterrorism preparedness 
and disaster response activities in the Office of the Secretary. At the 
discretion of the Secretary, these amounts may be transferred between 
categories subject to normal reprogramming procedures.

                        DEPARTMENT OF EDUCATION


                       SCHOOL IMPROVEMENT PROGRAMS

    For emergency expenses to provide education-related services to 
local educational agencies in which the learning environment has been 
disrupted due to a violent or traumatic crisis, for the Project School 
Emergency Response to Violence program, $10,000,000, to remain 
available until expended, and to be obligated from amounts made 
available in Public Law 107-38.

                            RELATED AGENCIES

                     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.

                     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.

                               CHAPTER 9

                           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 ``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 $41,712,000 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 $31,000,000 shall be transferred to ``Capitol Police Board'', 
``Capitol Police'', ``General Expenses'': Provided further, That 
$350,000 shall be transferred to ``Capitol Guide Service and Special 
Services Office'': Provided further, That $106,304,000 shall be 
transferred to ``Architect of the Capitol'', ``Capitol Buildings and 
Grounds'', ``Capitol Buildings'': Provided further, That $29,615,000 
shall be transferred to ``Library of Congress'', ``Salaries and 
Expenses'': Provided further, That $4,000,000 shall be transferred to 
the ``Government Printing Office'', ``Government Printing Office 
Revolving Fund'': Provided further, That $7,600,000 shall be 
transferred to ``General Accounting Office'', ``Salaries and 
Expenses'': Provided further, That $1,000,000 shall be transferred as a 
grant to the United States Capitol Historical Society: 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 account 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. 901. (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 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. 902. (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.

                        HOUSE OF REPRESENTATIVES

                       Administrative Provisions

    Sec. 903. (a) Acquisition of Buildings and Facilities.--
Notwithstanding any other provision of law, in order to respond to an 
emergency situation, the Chief Administrative Officer of the House of 
Representatives may acquire buildings and facilities for the use of the 
House of Representatives by lease, purchase, or such other arrangement 
as the Chief Administrative Officer 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), subject to the 
approval of the House Office Building Commission.
    (b) Agreements.--Notwithstanding any other provision of law, for 
purposes of carrying out subsection (a), the Chief Administrative 
Officer 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 Chief Administrative Officer 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 Chief 
    Administrative Officer 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 Chief Administrative Officer of the House of Representatives for 
the use of the House of Representatives for which the Chief 
Administrative Officer 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 House of Representatives, the 
Architect of the Capitol may transfer to the Chief Administrative 
Officer amounts made available to the Architect for necessary expenses 
for the maintenance, care and operation of the House office buildings 
during a fiscal year in order to cover any portion of the costs 
incurred by the Chief Administrative Officer 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. 904. (a) Notwithstanding any other provision of law--
        (1) subject to subsection (b), the Chief Administrative Officer 
    of the House of Representatives 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 House of Representatives during 
    an emergency situation; and
        (2) the Chief Administrative Officer and the head of the agency 
    may take any action necessary to carry out the terms of the 
    memorandum of understanding.
    (b) The Chief Administrative Officer of the House of 
Representatives may not enter into a memorandum of understanding 
described in subsection (a)(1) without the approval of the Speaker of 
the House of Representatives.
    (c) This section shall apply with respect to fiscal year 2002 and 
each succeeding fiscal year.
    Sec. 905. (a) There is established in the House of Representatives 
an office to be known as the House of Representatives Office of 
Emergency Planning, Preparedness, and Operations. The Office shall be 
responsible for mitigation and preparedness operations, crisis 
management and response, resource services, and recovery operations.
    (b) The Speaker, in consultation with the minority leader--
        (1) shall provide policy direction for, and oversight of, the 
    Office;
        (2) shall appoint and set the annual rate of pay for employees 
    of the Office, including a Director, who shall be the head of the 
    Office;
        (3) shall exercise, with respect to any employee of the Office, 
    the authority referred to in section 8344(k)(2)(B) of title 5, 
    United States Code, and the authority referred to in section 
    8468(h)(2)(B) of title 5, United States Code;
        (4) shall approve procurement of services of experts and 
    consultants by the Office or by committees or other entities of the 
    House of Representatives for assignment to the Office; and
        (5) may request the head of any Federal department or agency to 
    detail to the Office, on a reimbursable basis, any of the personnel 
    of the department or agency.
    (c) The day-to-day operations of the Office shall be carried out by 
the Director, under the supervision of a Board, to be known as the 
House of Representatives Continuity of Operations Board, comprised of 
the Clerk, the Sergeant at Arms, and the Chief Administrative Officer 
of the House of Representatives. The Clerk shall be the Chairman of the 
Board.
    (d) Until otherwise provided by law, funds shall be available for 
the Office from amounts appropriated for the operations of the House of 
Representatives.
    (e) This section shall take effect on the date of the enactment of 
this Act and shall apply to fiscal years beginning with fiscal year 
2002.
    Sec. 906. (a) As determined by the Sergeant at Arms of the House of 
Representatives, any anthrax-contaminated mail delivered by the United 
States Postal Service to the House of Representatives shall be 
destroyed or otherwise disposed of.
    (b) No action taken under this section may serve as a basis for 
civil or criminal liability of any individual or entity.
    (c) As used in this section, the term ``anthrax-contaminated mail'' 
means any mail matter that, as determined by the Sergeant at Arms, by 
reason of the events of October 2001--
        (1) is contaminated by anthrax or any other substance the 
    mailing of which is prohibited by section 1716 of title 18, United 
    States Code, or any other law of the United States; or
        (2) may be so contaminated, but the ascertainment of which is 
    not technically feasible or is otherwise impracticable.
    (d) This section shall apply with respect to fiscal year 2002 and 
each succeeding fiscal year.

                        OTHER LEGISLATIVE BRANCH

                       Administrative Provisions

    Sec. 907. (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. 908. (a) The Capitol Police Board may, in order to recruit or 
retain qualified personnel, establish and maintain a program under 
which the Capitol Police may agree to repay (by direct payments on 
behalf of a civilian employee or member of the Capitol Police) all or a 
portion of any student loan previously taken out by such employee or 
member.
    (b) The Capitol Police Board may, by regulation, make applicable 
such provisions of section 5379 of title 5, United States Code, as the 
Board determines necessary to provide for such program.
    (c) The regulations shall provide that the amount paid by the 
Capitol Police may not exceed--
        (1) $6,000 for any civilian employee or member of the Capitol 
    Police in any calendar year; or
        (2) a total of $40,000 in the case of any employee or member.
    (d) The Capitol Police may not reimburse a civilian employee or 
member of the Capitol Police for any repayments made by such employee 
or member prior to the Capitol Police entering into an agreement under 
this section with such employee or member.
    (e) Any amount repaid by, or recovered from, an individual under 
this section and its implementing regulations shall be credited to the 
appropriation account available for salaries and expenses of the 
Capitol Police at the time of repayment or recovery. Such credited 
amount may be used for any authorized purpose of the account and shall 
remain available until expended.
    (f) This section shall apply to fiscal year 2002 and each fiscal 
year thereafter.
    Sec. 909. (a) Recruitment and Relocation Bonuses.--
        (1) Authorization of payment.--The Capitol Police Board 
    (hereafter in this section referred to as the ``Board'') may 
    authorize the Chief of the United States Capitol Police (hereafter 
    in this section referred to as the ``Chief'') to pay a bonus to an 
    individual who is newly appointed to a position as an officer or 
    employee of the Capitol Police, and to pay an additional bonus to 
    an individual who must relocate to accept a position as an officer 
    or employee of the Capitol Police, if the Board determines that the 
    Capitol Police would be likely, in the absence of such a bonus, to 
    encounter difficulty in filling the position.
        (2) Amount of payment.--The amount of a bonus under this 
    subsection shall be determined by regulations of the Board, but the 
    amount of any bonus paid to an individual under this subsection may 
    not exceed 25 percent of the annual rate of basic pay of the 
    position to which the individual is being appointed.
        (3) Minimum period of service required.--Payment of a bonus 
    under this subsection shall be contingent upon the individual 
    entering into an agreement with the Capitol Police to complete a 
    period of employment with the Capitol Police, with the required 
    period determined pursuant to regulations of the Board. If the 
    individual voluntarily fails to complete such period of service or 
    is separated from the service before completion of such period of 
    service for cause on charges of misconduct or delinquency, the 
    individual shall repay the bonus on a pro rata basis.
        (4) Bonus not considered part of basic pay.--A bonus under this 
    subsection shall be paid as a lump sum, and may not be considered 
    to be part of the basic pay of the officer or employee.
        (5) Payment permitted prior to commencement of duty.--Under 
    regulations of the Board, a bonus under this subsection may be paid 
    to a newly-hired officer or employee before the officer or employee 
    enters on duty.
    (b) Retention Allowances.--
        (1) Authorization of payment.--The Board may authorize the 
    Chief to pay an allowance to an officer or employee of the United 
    States Capitol Police if--
            (A) the unusually high or unique qualifications of the 
        officer or employee or a special need of the Capitol Police for 
        the officer's or employee's services makes it essential to 
        retain the officer or employee; and
            (B) the Chief determines that the officer or employee would 
        be likely to leave in the absence of a retention allowance.
        (2) Amount of payment.--A retention allowance, which shall be 
    stated as a percentage of the rate of basic pay of the officer or 
    employee, may not exceed 25 percent of such rate of basic pay.
        (3) Payment not considered part of basic pay.--A retention 
    allowance may not be considered to be part of the basic pay of an 
    officer or employee, and the reduction or elimination of a 
    retention allowance may not be appealed. The preceding sentence 
    shall not be construed to extinguish or lessen any right or remedy 
    under any of the laws made applicable to the Capitol Police 
    pursuant to section 102 of the Congressional Accountability Act of 
    1995 (2 U.S.C. 1302).
        (4) Time and manner of payment.--A retention allowance under 
    this subsection shall be paid at the same time and in the same 
    manner as the officer's or employee's basic pay is paid.
    (c) Lump Sum Incentive and Merit Bonus Payments.--
        (1) In general.--The Board may pay an incentive or merit bonus 
    to an officer or employee of the United States Capitol Police who 
    meets such criteria for receiving the bonus as the Board may 
    establish.
        (2) Bonus not considered part of basic pay.--A bonus under this 
    subsection shall be paid as a lump sum, and may not be considered 
    to be part of the basic pay of the officer or employee.
    (d) Service Step Increases for Meritorious Service for Officers.--
Upon the approval of the Chief--
        (1) an officer of the United States Capitol Police in a service 
    step who has demonstrated meritorious service (in accordance with 
    criteria established by the Chief or the Chief's designee) may be 
    advanced in compensation to the next higher service step, effective 
    with the first pay period which begins after the date of the 
    Chief's approval; and
        (2) an officer of the United States Capitol Police in a service 
    step who has demonstrated extraordinary performance (in accordance 
    with criteria established by the Chief or the Chief's designee) may 
    be advanced in compensation to the second next higher service step, 
    effective with the first pay period which begins after the date of 
    the Chief's approval.
    (e) Additional Compensation for Field Training Officers.--
        (1) In general.--Each officer of the United States Capitol 
    Police who is assigned to duty as a field training officer shall 
    receive, in addition to the officer's scheduled rate of 
    compensation, an additional amount determined by the Board (but not 
    to exceed $2,000 per annum).
        (2) Manner of payment.--The additional compensation authorized 
    by this subsection shall be paid to the officer in the same manner 
    as the officer is paid basic compensation, except that when the 
    officer ceases to be assigned to duty as a field training officer, 
    the loss of such additional compensation shall not constitute an 
    adverse action for any purpose.
    (f) Regulations.--
        (1) In general.--The payment of bonuses, allowances, step 
    increases, compensation, and other payments pursuant to this 
    section shall be carried out in accordance with regulations 
    prescribed by the Board.
        (2) Approval.--The regulations prescribed pursuant to this 
    subsection shall be subject to the approval of the Committee on 
    Rules and Administration of the Senate, the Committee on House 
    Administration of the House of Representatives, and the Committees 
    on Appropriations of the Senate and the House of Representatives.
    (g) Effective Date.--This section shall apply with respect to 
fiscal year 2002 and each succeeding fiscal year.
    Sec. 910. In addition to the authority provided under section 121 
of the Legislative Branch Appropriations Act, 2002, at any time on or 
after the date of the enactment of this Act, the Capitol Police Board 
may accept contributions of comfort and other incidental items and 
services to support officers and employees of the United States Capitol 
Police while such officers and employees are on duty in response to 
emergencies involving the safety of human life or the protection of 
property.
    Sec. 911. Assistance by Executive Departments and Agencies to the 
Capitol Police. (a) Assistance.--
        (1) In general.--Executive departments and Executive agencies 
    may assist the United States Capitol Police in the performance of 
    its duties by providing services (including personnel), equipment, 
    and facilities on a temporary and reimbursable basis when requested 
    by the Capitol Police Board and on a permanent and reimbursable 
    basis upon advance written request of the Capitol Police Board; 
    except that the Department of Defense and the Coast Guard may 
    provide such assistance on a temporary basis without reimbursement 
    when assisting the United States Capitol Police in its duties 
    directly related to protection under the Act of July 31, 1946 (40 
    U.S.C. 212a-2). Before making a request under this paragraph, the 
    Capitol Police Board shall consult with appropriate Members of the 
    Senate and House of Representatives in leadership positions, except 
    in an emergency.
        (2) Procurement.--No services (including personnel), equipment, 
    or facilities may be ordered, purchased, leased, or otherwise 
    procured for the purposes of carrying out the duties of the United 
    States Capitol Police by persons other than officers or employees 
    of the Federal Government duly authorized by the Chairman of the 
    Capitol Police Board to make such orders, purchases, leases, or 
    procurements.
        (3) Expenditures or obligation of funds.--No funds may be 
    expended or obligated for the purpose of carrying out this section 
    other than funds specifically appropriated to the Capitol Police 
    Board or the United States Capitol Police for those purposes with 
    the exception of--
            (A) expenditures made by the Department of Defense or the 
        Coast Guard from funds appropriated to the Department of 
        Defense or the Coast Guard in providing assistance on a 
        temporary basis to the United States Capitol Police in the 
        performance of its duties directly related to protection under 
        the Act of July 31, 1946 (40 U.S.C. 212a-2); and
            (B) expenditures made by Executive departments and 
        agencies, in providing assistance at the request of the United 
        States Capitol Police in the performance of its duties, and 
        which will be reimbursed by the United States Capitol Police 
        under this section.
        (4) Provision of assistance.--Assistance under this section 
    shall be provided--
            (A) 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);
            (B) upon the advance written request of--
                (i) the Capitol Police Board; or
                (ii) in an emergency--

                    (I) the Sergeant at Arms and Doorkeeper of the 
                Senate in any matter relating to the Senate; or
                    (II) the Sergeant at Arms of the House of 
                Representatives in any matter relating to the House of 
                Representatives; and

            (C)(i) on a temporary and reimbursable basis;
            (ii) on a permanent reimbursable basis upon advance written 
        request of the Capitol Police Board; or
            (iii) on a temporary basis without reimbursement by the 
        Department of Defense and the Coast Guard as described under 
        paragraph (1).
    (b) Reports.--
        (1) Submission.--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 90 days after the end of the fiscal year to 
    the Chairman of the Capitol Police Board.
        (2) Content.--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.--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.
    (c) Effective Date.--This section shall take effect on the date of 
enactment of this Act and apply to each fiscal year occurring after 
such date.
    Sec. 912. (a)(1) In the event of an emergency, as determined by the 
Capitol Police Board, or of a joint session of Congress, the Chief of 
the Capitol Police may enter into agreements--
        (A) with the District of Columbia to deputize members of the 
    District of Columbia National Guard, who are qualified for law 
    enforcement functions, for duty with the Captiol Police for the 
    purpose of policing the Capitol grounds; and
        (B) with any appropriate governmental law enforcement authority 
    to deputize law enforcement officers for duty with the Capitol 
    Police for the purpose of policing the Capitol grounds.
    (2) Any agreement under paragraph (1) shall be subject to initial 
approval by the Capitol Police Board and to final approval by the 
Speaker of the House of Representatives (in consultation with the 
Minority Leader of the House of Representatives) and the President pro 
tempore of the Senate (in consultation with the Minority Leader of the 
Senate), acting jointly.
    (b) Subject to approval by the Speaker of the House of 
Representatives (in consultation with the Minority Leader of the House 
of Representatives) and the President pro tempore of the Senate (in 
consultation with the Minority Leader of the Senate), acting jointly, 
the Capitol Police Board shall prescribe regulations to carry out this 
section.
    (c) This section shall expire on September 30, 2002.
    Sec. 913. (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.
    Sec. 914. (a) In accordance with the authority described in section 
308(a) of the Legislative Branch Appropriations Act, 1988 (40 U.S.C. 
166b-3a(a)), section 108 of the Legislative Branch Appropriations Act, 
1991 (40 U.S.C. 166b-3b), as amended by section 129(c)(1) of the 
Legislative Branch Appropriations Act, 2002, is amended by adding at 
the end the following new subsection:
    ``(c) The Architect of the Capitol may fix the rate of basic pay 
for not more than 4 positions for Executive Project Directors whose 
salary is payable from project funds, at a rate not to exceed 95 
percent of the highest total rate of pay for the Senior Executive 
Service under subchapter VIII of chapter 53 of title 5, United States 
Code, for the locality involved.''.
    (b) The amendment made by subsection (a) shall apply with respect 
to pay periods beginning on or after October 1, 2001.
    Sec. 915. (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. 916. 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. 917. (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. 918. (a) Section 133(a) of the Legislative Branch 
Appropriations Act, 2002 (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, 
2002 (Public Law 107-68).

                               CHAPTER 10

                         DEPARTMENT OF DEFENSE

                         MILITARY CONSTRUCTION

                      Military Construction, Army

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Military Construction, 
Army'', $20,700,000, to remain available until expended: Provided, That 
these funds shall be obligated from amounts made available in Public 
Law 107-38.

                      Military Construction, Navy

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Military Construction, 
Navy'', $2,000,000, to remain available until expended: Provided, That 
these funds shall be obligated from amounts made available in Public 
Law 107-38.

                    Military Construction, Air Force

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Military Construction, 
Air Force'', $46,700,000, to remain available until expended: Provided, 
That these funds shall be obligated from amounts made available in 
Public Law 107-38.

                  Military Construction, Defense-Wide


                      (including transfer of funds)

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Military Construction, 
Defense-wide'', $35,000,000 to remain available until expended, to be 
obligated from amounts made available in Public Law 107-38: Provided, 
That such amount shall be available for transfer to ``Military 
Construction, Army''.

                    GENERAL PROVISIONS, THIS CHAPTER

    Sec. 1001. (a) Availability of Amounts for Military Construction 
Relating to Terrorism.--Amounts made available to the Department of 
Defense from funds appropriated in 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 of the following:
        (1) The determination to use such amounts for the project.
        (2) The estimated cost of the project and the accompanying Form 
    1391.
    (c) Appropriate Committees of Congress Defined.--In this section 
the term ``appropriate committees of Congress'' has the meaning given 
that term in section 2801 (4) of title 10, United States Code.
    Sec. 1002. Section 138 of Public Law 106-246 is amended by striking 
``$77,500,000'' and inserting in lieu ``$102,000,000 for project 
completion''.
    Sec. 1003. Section 2202(a) of the National Defense Authorization 
Act for Fiscal Year 2002 is amended in the ``Navy: Family Housing'' 
table, by striking ``Naval Construction Battalion Center, Gulfport'' 
and inserting ``Naval Station, Pascagoula''.

                               CHAPTER 11

                      DEPARTMENT OF TRANSPORTATION

                        Office of the Secretary

                 Transportation Security Administration

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for the ``Transportation 
Security Administration'', $94,800,000, to remain available until 
September 30, 2003, to be obligated from amounts made available in 
Public Law 107-38: Provided, That $93,300,000 shall be for the Under 
Secretary of Transportation for Security to award competitive grants to 
critical national seaports to finance the costs of enhancing facility 
and operational security: Provided further, That such grants shall be 
awarded based on the need for security assessments and enhancements as 
determined by the Under Secretary of Transportation for Security, the 
Administrator of the Maritime Administration, and the Commandant of the 
U.S. Coast Guard: Provided further, That such grants shall not supplant 
funding already provided either by the ports or by any Federal entity: 
Provided further, That no more than $1,000,000 of the grant funds 
available under this heading shall be used for administration.


                         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, $50,000,000, to remain available until 
expended, to be obligated from amounts made available in Public Law 
107-38.

                              Coast Guard


                            Operating Expenses

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Operating Expenses'', 
$209,150,000, 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'', 
$200,000,000, 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.


                         Facilities and Equipment

                     (airport and airway trust fund)

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Facilities and 
Equipment'', $108,500,000, to be derived from the Airport and Airway 
Trust Fund, to remain available until September 30, 2004, and 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 remain available until September 30, 2003, and 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, $175,000,000, to be derived from the Airport 
and Airway Trust Fund, to remain available until expended, and to be 
obligated from amounts made available in Public Law 107-38.

                     Federal Highway Administration


                       Miscellaneous Appropriations

                           (highway trust fund)

    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 ferries 
and ferry facilities, $100,000,000, to be derived from the Highway 
Trust Fund, to remain available until expended, and 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 the ``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 remain available until expended, and 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,'' $2,500,000, 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'', $1,300,000, to remain available until September 30, 
2003, 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,'' 
$650,000, to remain available until September 30, 2003, to be obligated 
from amounts made available in Public Law 107-38.

                    GENERAL PROVISIONS, THIS CHAPTER

    Sec. 1101. 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).'';
        (3) 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
        (4) in subparagraph (D), as redesignated by paragraph (1), by 
    striking ``subparagraph (D)'' and inserting ``subparagraph (F)''.
    Sec. 1102. 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.
    Sec. 1103. (a) Notwithstanding any other provision of law, of the 
funds authorized under section 110 of title 23, United States Code, for 
fiscal year 2002, no funds shall be available for the program 
authorized under section 1101(a)(11) of Public Law 105-178 and 
$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. 1104. Notwithstanding any other provision of law, of the 
amounts appropriated 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. 1105. 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. 1106. The Department of Transportation and Related Agencies 
Appropriations Act, 2002 is amended in section 330 by striking 
``$144,000,000'' and inserting ``$148,300,000'' and in section 349 by 
striking ``$5,000,000'' and inserting ``$9,300,000'' and by striking 
``$120,323,000'' and inserting ``$116,023,000''.
    Sec. 1107. Notwithstanding any other provision of law, none of the 
funds in the Department of Transportation and Related Agencies 
Appropriations Act, 2002 shall be available for salaries and expenses 
of more than 102 political and Presidential appointees in the 
Department of Transportation: Provided, That none of the funds in this 
Act, or any other Appropriations Act for fiscal year 2002, shall be 
available for the position of Under Secretary of Transportation for 
Policy or the position of Assistant Secretary for Public Affairs.
    Sec. 1108. Section 1511(b) of the Transportation Equity Act for the 
21st Century (Public Law 105-178), as amended, is amended by striking 
``Rhode Island'' and inserting in lieu thereof ``Rhode Island, and 
Texas'' and by inserting before the period in subsection (b)(1)(A) ``, 
provided that Texas may not compete for funds previously allocated or 
appropriated to any other State''.

                               CHAPTER 12

                       DEPARTMENT OF THE TREASURY

                          Departmental Offices

           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'', 
$23,000,000, to remain available until expended, to be obligated from 
amounts made available in Public Law 107-38.


       acquisition, construction, improvements and related expenses

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Acquisition, 
Construction, Improvements, and Related Expenses'', $8,500,000, to 
remain available until expended, to be obligated from amounts made 
available in Public Law 107-38: Provided, That, in order to expedite 
the acquisition of architectural and engineering services for the 
construction of facilities at the Cheltenham, Maryland, training 
facility, the Federal Law Enforcement Training Center may procure such 
services without regard to: (1) the competition requirements of section 
303 of the Federal Property and Administrative Services Act of 1949 (41 
U.S.C. 253); (2) the 6 percent fee limitation on such services set 
forth in section 304(b) of such Act (41 U.S.C. 254(b)); and (3) the 
procurement notice requirements of section 18 of the Office of Federal 
Procurement Policy Act (41 U.S.C. 416).

                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, of which $5,200,000 may be 
used for necessary expenses of site acquisition, construction, 
operations, maintenance and repair of the special purpose canine 
training facilities in Front Royal, Virginia.

                     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'', 
to meet requirements, including technology, along the Northern Border, 
Southwest Border, and at critical seaports, $392,603,000, to remain 
available until expended, to be obligated from amounts made available 
in Public Law 107-38: Provided, That of such amount, $245,503,000 shall 
not be available for obligation until 15 days after the United States 
Customs Service submits to the Committees on Appropriations and the 
Secretary of the Treasury a financial plan based upon a comprehensive 
assessment of the most effective uses of the Service's resources, 
including the funds provided in this Act, for protection along the 
Northern Border, Southwest Border, and at critical seaports: Provided 
further, That the Secretary of the Treasury is directed to review the 
activities proposed to be carried out with the funds subject to the 
previous proviso and notify the Committees on Appropriations of the 
findings of his review within 15 days of receipt of such plan.


   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'', $12,990,000, 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: Provided, That of these 
amounts $13,548,000 is for a backup computer recovery system to be 
designed and constructed in close coordination with the business 
systems modernization effort of the Internal Revenue Service.

                      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.

                             POSTAL SERVICE

                   Payment to the Postal Service Fund

    For emergency expenses to the Postal Service Fund to enable the 
Postal Service to protect postal employees and postal customers from 
exposure to biohazardous material, to sanitize and screen the mail, 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, 
$500,000,000, to remain available until expended, to be obligated from 
amounts made available in Public Law 107-38: Provided, That of the 
amounts appropriated, no funds shall be obligated for the purpose of 
sanitizing and screening the mail until the Postal Service submits to 
the Committees on Appropriations, the House Committee on Government 
Reform, and the Senate Committee on Governmental Affairs an emergency 
preparedness plan to combat the threat of biological and chemical 
substances in the mail, including a plan for expenditure of funds in 
support of the emergency preparedness plan.

                   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.

                          INDEPENDENT AGENCIES

                    General Services Administration


                         REAL PROPERTY ACTIVITIES

                          Federal Buildings Fund

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Federal Buildings Fund'', 
$126,512,000, 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'', 
$1,600,000, 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'', $1,000,000, to remain available until expended, to be 
obligated from amounts made available in Public Law 107-38.

                    GENERAL PROVISION, THIS CHAPTER

    Sec. 1201. Section 652(c)(1) of Public Law 107-67 is amended by 
striking ``Section 414(c)'' and inserting ``Section 416(c)''.

                               CHAPTER 13

                     DEPARTMENT OF VETERANS AFFAIRS

                      Departmental Administration


                        general operating expenses

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States for ``General operating 
expenses'', $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 the State of 
New York, in conjunction with the City of New York, shall, through the 
Lower Manhattan Redevelopment Corporation (``the corporation''): (1) 
distribute the funds provided for the ``Community Development Fund''; 
(2) within 45 days of enactment of this Act, 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 (3) begin processing such 
applications: Provided further, That the corporation shall 
expeditiously respond to any application from an individual, nonprofit, 
or small business for economic losses under this heading: Provided 
further, That of the total amount made available for the ``Community 
Development Fund'', including amounts previously made available by 
transfer pursuant to the fifth proviso of Public Law 107-38, 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: Provided further, 
That amounts made available in the previous proviso shall only be 
available for individuals, nonprofits, or small businesses located in 
New York City in the area located on or south of West 14th Street (west 
of its intersection with 5th Avenue), or on or south of East 14th 
Street (east of its intersection with 5th Street): Provided further, 
That, of the amount provided in this paragraph, $10,000,000 shall be 
used for a program to aid the travel and tourism industry in New York 
City.

                     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

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                     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 under current 
authorities, worker training, research, and education activities, 
$10,500,000, to remain available until expended, to be obligated from 
amounts made available in Public Law 107-38.
    Public Law 107-73 is amended under this heading by adding ``and 
section 126(g) of the Superfund Amendments and Reauthorization Act of 
1986,'' after the words, ``as amended,''.

                    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'', 
$90,308,000, 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'', $39,000,000, 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.
    The referenced statement of the managers under this heading in 
Public Law 107-73 is deemed to be amended by striking ``Florida 
Department of Environmental Protection'' in reference to item number 
92, and inserting ``Southwest Florida Water Management District''; and 
by striking ``Southeast'' in reference to item number 9, and inserting 
``Southwest''.
    The referenced statement of the managers under this heading in 
Public Law 106-377 is deemed to be amended by striking ``repairs to 
water and sewer lines'' in reference to item number 171 and inserting 
``water and wastewater infrastructure improvements''.

                  Federal Emergency Management Agency


                             disaster relief

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Disaster relief'', 
$4,356,871,000, 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'', 
$25,000,000 to remain available until expended, to be obligated from 
amounts made available in Public Law 107-38 of which not less than 
$10,000,000 shall be used to enhance the capabilities of the National 
Security Division.


               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, for ``Emergency management 
planning and assistance'', $10,000,000, to remain available until 
expended, to be obligated from amounts made available in Public Law 
107-38, which shall be available for support of the 2002 Winter 
Olympics.
    For an additional amount 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'', $210,000,000, 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.), as in effect on December 7, 2001, 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'', 
$76,000,000, 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'', $32,500,000, 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. 1301. (a) This section may be cited as the ``Unity in the 
Spirit of America Act'' or the ``USA Act''.
    (b) 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 March 1, 2002, 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 may name projects in honor of victims 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), 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 the Spirit of 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. 1302. Within funds previously appropriated as authorized under 
the Native American Housing and Self Determination Act of 1996 (Public 
Law 104-330, section 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.
    Sec. 1303. Of the amounts made available under both the heading 
``Housing certificate fund'' and the heading ``Salaries and Expenses'' 
in title II of Public Law 107-73, not to exceed $11,300,000 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 
notwithstanding any other provision of law, for new obligations for 
such technical assistance: Provided, That of the $11,300,000 made 
available, up to $1,300,000 shall be for reimbursement of vouchers 
submitted by section 514 grantees as of October 15, 2001: Provided 
further, That of the total amount provided under the heading ``Salaries 
and Expenses'' in title II of Public Law 107-73, $500,000 shall be made 
available from salaries and expenses allocated to the Office of General 
Counsel and $1,000,000 shall be made available from salaries and 
expenses allocated to the Office of Multifamily Housing Assistance 
Restructuring in the Department of Housing and Urban Development for 
new obligations for the provision of technical assistance authorized 
under section 514: Provided further, That of the $11,300,000 provided 
under this section, 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 section, 
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 
4 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 shall be available for carryover from 
any previous year: Provided further, That the recordation and 
liquidation of obligations and deficiencies under this heading shall 
not pardon or release an officer or employee of the United States 
Government for an act or acts in violation of the Anti-deficiency Act 
(31 U.S.C. 1341): Provided further, That the Secretary shall implement 
the provisions under this section in a manner that does not accelerate 
outlays.
    Sec. 1304. The referenced statement of the managers pertaining to 
economic development initiatives under the heading ``Community 
Development Fund'' in Public Law 107-73 is deemed to be amended by 
striking ``Willacacy County Boys and Girls Club in Willacacy County, 
Texas'' in reference to an appropriation for the Willacy County Boys 
and Girls Club, and inserting ``Willacy County Boys and Girls Club in 
Willacy County, Texas''; by striking ``Acres Home Community Development 
Corporation'' in reference to an appropriation in Houston, Texas, and 
inserting ``Old Acres Homes Citizens Council''; and by striking 
``$250,000 to the Good Shepard School in Braddock, Pennsylvania for 
facility renovation;'' in reference to an appropriation in Braddock, 
Pennsylvania, and inserting ``$250,000 for facility renovation, of 
which $50,000 is for the Good Shepard School in Braddock, Pennsylvania, 
and $200,000 is for the Phipps Conservatory and Botanical Gardens in 
Pittsburgh, Pennsylvania;''.

                               CHAPTER 14

                   GENERAL PROVISIONS, THIS DIVISION

    Sec. 1401. Amounts which may be obligated pursuant to this division 
are subject to the terms and conditions provided in Public Law 107-38.
    Sec. 1402. No part of any appropriation contained in this division 
shall remain available for obligation beyond the current fiscal year 
unless expressly so provided herein.
    Sec. 1403. Notwithstanding any other provision of law, of the funds 
made available in this or any other Act, funds may be transferred to 
the Department of Defense from an agency receiving National Guard 
services related to homeland security to cover the costs of such 
services that the agency incurred after the date of enactment of this 
Act: Provided, That such authority to transfer shall expire on April 
30, 2002: Provided further, That each agency receiving National Guard 
services related to homeland security shall submit to the House and 
Senate Committees on Appropriations a detailed report of the National 
Guard's homeland defense activities and expenses incurred after the 
date of enactment of this Act and planned for the remainder of fiscal 
year 2002 for that agency and any proposed transfers 15 days prior to 
such transfers pursuant to this authority.
    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--
        (1) by striking subparagraph (A) and inserting the following:
            ``(A) for the discretionary category: $681,441,000,000 in 
        new budget authority and $670,206,000,000 in outlays;'';
        (2) in subparagraph (C), by striking the second ``and'' after 
    the semicolon; and
        (3) in subparagraph (D), by striking ``$1,232,000,000'' and 
    inserting ``$1,473,000,000''.
    (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 0.12 
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.
    Sec. 103. When the President submits a budget of the United States 
Government under section 1105(a) of title 31, United States Code, for 
fiscal year 2003, he shall submit a report to the Congress that 
identifies any emergency-designated funding (pursuant to section 
251(b)(2)(A) or section 252(e) of the Balanced Budget and Emergency 
Deficit Control Act of 1985) in legislation enacted after September 11, 
2001, and before such submission in response to the events of September 
11, 2001, that is of an ongoing and recurring nature.
    Sec. 104. (a) The section 302(a) allocations, as adjusted pursuant 
to section 101(b), shall be deemed to be allocations set forth in the 
joint explanatory statement of managers accompanying the concurrent 
resolution on the budget for fiscal year 2002 for all purposes under 
titles III and IV of the Congressional Budget Act of 1974.
    (b) Repealer.--Section 221(d)(2) of the concurrent resolution on 
the budget for fiscal year 2002 (H. Con. Res. 83, 107th Congress, 1st 
session) is repealed.

                  DIVISION D--MISCELLANEOUS PROVISIONS

                 TITLE I--CONVEYANCE OF HOMESTAKE MINE

SEC. 101. SHORT TITLE.

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

SEC. 102. FINDINGS.

    Congress finds the following:
        (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.
        (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 one 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 one or more quitclaim 
    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.--The Administrator's acceptance of the final 
    report or certification of the independent entity under paragraph 
    (4) is a condition precedent of the conveyance and of the 
    assumption of liability by the United States in accordance with 
    this title.
        (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, the Administrator, in 
        consultation with Homestake, the South Dakota Department of 
        Environment and Natural Resources, and the independent entity, 
        shall define 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.
            (C) Participation by homestake.--Nothing in this paragraph 
        requires Homestake to participate in the conduct 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 one 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 if the report discloses one or more conditions 
        that--
                (i) as determined by the Administrator, may present an 
            imminent and substantial endangerment to the public health 
            or the environment and require a response action; or
                (ii) otherwise make the conveyance in section 104, or 
            the assumption of liability, the release of liability, or 
            the indemnification in section 106 contrary to the public 
            interest.
            (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 be the fair market value as determined by an 
appraisal in conformance with the Uniform Appraisal Standards for 
Federal Land Acquisition. To the extent appraised items only have value 
to the Federal Government for the purpose of constructing the 
laboratory, the appraiser shall also add to the assessment of fair 
value the estimated cost 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, notwithstanding 
        that the act or omission giving rise to the claim was not 
        committed by an employee of the United States; 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 title, the 
United States waives any claim to sovereign immunity with respect to 
any claim of Homestake or the State under this title.
    (e) Timing for Assumption of Liability.--If the conveyance is 
effectuated by more than one 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 Certain 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 claims relating to environmental response 
    costs or natural resource damages; or
        (3) any violation of any provision of criminal law.
    (g) Exception for Off-Site Environmental Claims.--Nothing in this 
title constitutes an assumption of liability by the United States, 
relief of liability for Homestake, or obligation to indemnify 
Homestake, for 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 is 
based on activities or events at 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 one 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 approval by the 
National Science Board and the making of an award by the National 
Science Foundation for the establishment of the laboratory at the Mine.

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. AUTHORIZATION OF APPROPRIATIONS.

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

SEC. 116. CONGRESSIONAL BUDGET ACT.

    Notwithstanding Rule 3 of the Budget Scorekeeping Guidelines set 
forth in the joint explanatory statement of the committee of conference 
accompanying Conference Report 105-217, the provisions of this title 
that would have been estimated by the Office of Management and Budget 
as changing direct spending or receipts under section 252 of the 
Balanced Budget and Emergency Deficit Control Act of 1985 were it 
included in an Act other than an appropriations Act shall be treated as 
direct spending or receipts legislation, as appropriate, under section 
252 of the Balanced Budget and Emergency Deficit Control Act of 1985, 
and by the Chairmen of the House and Senate Budget Committees, as 
appropriate, under the Congressional Budget Act.

               TITLE II--GENERAL PROVISION, 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) three 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) three additional Members of the Senate appointed by 
        the President of the Senate; and
            ``(L) thirty-six 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.
    This Act may be cited as the ``Department of Defense and Emergency 
Supplemental Appropriations for Recovery from and Response to Terrorist 
Attacks on the United States Act, 2002''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.